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HomeMy WebLinkAboutTB-09/01/1998 ,; SEPTEMBER 1, 1998 SOUTHOLD TOWN BOARD SEPTEMBER 1, 1998 WORK SESSION Present: Supervisor Jean w. Cochran, Councilwoman Alice D. Hussie, Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M. * Romanelli, Councilman Brian G. 'Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9:00 A.M.-9:30 A.M. Updates by Town Board members. Supervisor Jean Cochran reported that Richard Ryan, Chairman of the Southold Town Land Preservation Committee has advised her that the town's purchase offer on the property at Fishers Island has been accepted. Supervisor Cochran also stated that the Greenport Village Board plans to attend the meeting this evening to ask for an extension of the moratorium to include the area east of Porky's Restaurant to Manhanset Avenue, Greenport. Councilman Romanelli stated that he feels that this is a hardship for someone who currently owns and operates a business and asked how it will affect someone doing alterations or renovations on existing buildings. Councilman Moore responded that you could still file and have your application processed, only you wouldn't receive your permit. Councilman Romanelli said that he was talking about a business who is properly zoned and would not need a variance or anything. He views this as a severe hardship. Councilwoman Hussie questioned the goal of the moratorium, that the Board might possibly change zone of the zoning at the end of the 9 month period. The Board agreed that after reviewing everything during this period, there could be zoning changes. Supervisor Cochran stated that she doesn't view it as a hardship. In her opinion prior Town Boards have not been strong enough in the past to make this tough decision. She doesn't believe that businessmen will be injured by it. They will not be putting anyone out of business during this period. Councilman Moore cautioned that any changes in text or boundaries, and it will have to be re-evaluated and re-advertised again. Councilman Murphy suggested adopting and then making changes at a later time. Town Attorney Yakaboski suggested doing a separate local law for the area east 'of Porky's Restaurant. It would be a Type II action under SEQR. Councilwoman Hussie questioned if someone has a building permit in their hand, can they go ahead at this time? The Town Attorney answered yes, as along as-.,they have all of the approvals that they need including the Health Department approval. Councilman Moore said that the moratorium is to maintain a status quo. At the end of the moratorium during which time they have studied all of the properties and zones, they may recommend changes in some of them. Councilman Romanelli said that his understanding of the moratorium was to stop new structures and if it is going to stop pre-existing businesses, then he is against it. A letter of recommendation has been received from the Planning Board to adopt it as is, then, do a separate local law for the area east of Greenport. Supervisor Cochran advised that it will go on as it is today and the board members can vote how they feel. 9:35 P.M.(9:15 A.M. Appointment) Eastern Outboard Racing Club - Mr. Ed Nicholson advised that he would like to give the Board a proposal for some sort of event in town waters. They were looking at the area in the creeks because the boats are small, 10 feet in length, and it would be safer. Town Trustee Henry Smith informed him that our creeks have a 5 mph speed limit. Trustee President Albert Krupski also advised that these are heavily populated residential areas. Mr. Nicholson questioned if the speed limit would be the same during a special event. He received an affirmative reply from the Board.Councilman Murphy voiced the same opinion that he does not like the creeks because there is too much development in these areas. He suggested that a good place to go would be in Peconic Bay in between Town and Goose Creeks were the Southold Yacht Club holds their regattas. Supervisor Cochran questioned the maximum- speed of the boats. Mr. Nicholson replied 45 mph which depends on the sites and tides are always an issue. Events are held on Sundays only, although it is a 4 hour event, the engines run for less than 1 SEPTEMBER 1, 1998 hour. The Board was of the opinion that they should look into an area such as Orient Harbor, perhaps in between the causeway where they would have plenty of room. Councilman Murphy inquired the number and locations of events currently held. Mr. Nicholson replied that they have 4, at North Sea Harbor, Flanders Bay and Cold Spring Harbor. The Town Board advised them that the Town Insurance Agency will be consulted and that they, should work with the Town Trustees for an acceptable location with full consideration of impact on the surrounding areas. 9:50 A.M. Appointment -Discussion with Town Trustees of town dredging projects and change in town code for scallop season for the non-commercial harvest which is the first two weeks of October. The limit is 1/2 bushel per resident. Hallocks Bay is the only area left in Southold Town which has a natural set of scallops. The Trustees explained that what is happening is the commercial people are coming in with 10 people in a boat taking their limit and selling them.The Trustees want to reduce the limit to one (1) bushel per boat during the non-commercial season.The Town Board instructed the Town Attorney to draft the necessary legislation to make it effective for this year's non-commercial season which begins on October 6th. The Trustees also informed the Board of the progress on their dredging projects and stormwater mitigation road run-off projects. Trustee President Krupski reported that they currently have $30,000.00 in their budget and they also apply for matching grant funds. Trustee James King advised that they spent about $40,000.00 to do the project in Mattituck off Bayview avenue. The County DPW has spent about one quarter million dollars in Mattituck. Mr. Krupski explained that the Southold Town Trustees have a comprehensive plan. Therefore, when it comes to grant funds, they are looked upon favorably. Supervisor Cochran related that she will present her budget to the Town Board on September 15th and then the Town Board will begin to work on it. She asked them to make a request during the budget process. Mr. 'Krupski said that they have prioritized the shellfish areas first. You will see the drainage pipes running the water down off the roads into the creeks. These are the ones they would want to take care of first. Supervisor Cochran advised that this item along with number 15 on the agenda should be addressed at budget time. 10:1G A.M. Appointment - Bennett Orlowski, Chairman, Southold Town Planning Board Supervisor Cochran explained that there had been some planning questions raised at the last meeting, as a result the Chairman was invited to this meeting to address them. Councilman Romanelli questioned why public hearings on site plans on pre-existing structures were added to the town code in 1995. Mr. Orlowski answered that before that they had some applications that caused big problems and there are a few coming down the road that could do the same. Mr. Romanelli asked that if someone is doing everything legal and according to town codes and not asking for anything that requires a variance. or special exception, why does he need a public hearing?, A site plan yes, but why a public hearing? Councilwoman Hussie said that it is a policy decision. Chairman Orlowski said that site plan is necessary even for a driveway because it could impact a neighbor. There was an instance where a spotlight on the rear of a building shining into the neighbors house might have become a complaint, but was corrected by angling it before it became an issue. Councilman Romanelli asked why the law couldn't be changed. Chairman Orlowski said that it could, but you would need a public hearing on it. However, he doesn't think it is a good idea to take away the public comment mechanism. It gives stability to everything that the Planning Board does. Sometimes things are brought to light at a ' public hearing that have been overlooked by both the applicant and the Planning Board. Things to consider when putting on an addition to a business are parking, lighting, and drainage. Sometimes the public gives important insight to a project that may have gone otherwise unnoticed. Mr. Orlowski advised that the Planning Board does grant waivers on applications in hardship cases. He reported that 7 site plans have been approved and 5 waivers have been granted so far this year. Supervisor Cochran concluded by saying that she is in favor of anything that shortens the process for people and that she really doesn't see the need for a public hearing, but then again, she does, she feels that it provides a "net" that aids in making the best decisions possible on many projects for the good of the entire town. Chairman Orlowski said that it is in the code at the present time. If the Board wishes to change the code, a public hearing will have to be held. He suggested that the Health Department is responsible for more delays than any other agency. Justice Evans suggested that perhaps this problem could be addressed through the Ten Town Supervisors Association. If Southold is experiencing such difficulties, then all of the east end towns are. Supervisor Cochran will bring this matter to their attention. The Board recessed for a short break from 10:55 A.M. to 11 :05 A.M. J SEPTEMBER 1, 1998 On motion by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the - Town Board enter into Executive Session at 11:08 A.M. to discuss litigation, property acquisition, personnel. Vote of the Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Counciwoman Hussie, and Supervisor Cochran. Also present: Town •Clerk Elizabeth Neville and Town Attorney Gregory Yakaboski. Executive Session ended at 12:30 at which time the Board recessed for lunch until 1 :30 P.M. The Board reconvened the work session at 1:45 P.M. and reviewed the IV For Discussion Items: IV 1.• Long Island Association, Inc. - Coalition for Mandate Reform. The Board was in agreement with the concept of this organization in that if an agency mandates something, they should also provide the funding for it. (See Resolution No. 15). IV. 2. Salary Structure - Custodial Worker 111. (See Resolution No. 16). IV. 3. Referendum Items for 1998 General Election. There will be two town propositions on the ballot in the 1998 General Election: (1) Imposing the tax for the 20 landtax bill; and (2) $2,000,000.00 Land Preservation Bond. IV. 4. Request of Solid Waste Coordinator Jim Bunchuck for leave time. (See Resolution No. 17). IV. 5. Employee Handbook will be discussed at September 15, 1998 meeting. IV. 6. Amendment of Chapter 45 to add Ed Forrester's position as being able to review and issue building permits, stop work orders, etc. was held for discussion on September 15, 1998. IV 7. Disposition of Surplus Law Books from the Town Attorneys Office. . (See Resolution No. 18). IV. 8. Early Retirement Incentive-Payment of Medical Insurance Premiums for individuals who choose to retire at age 50 versus age 55.- The Board discussed the matter with Town Comptroller John Cushman who advised them that they must make a decision by December 31, 1998. IV. 9. Determination of Significance Re: electric company - to be discussed at next meeting on September 15, 1998. 2:00 P.M.' Appointment - Kevin McLaughlin l; Robert Mills met with the Board to inquire their interest in developing a town park on the Oyster Ponds School District property at East Marion where the tennis courts are located. They proposed that the town lease the property from the school district and construct a ball field and memorial to former Oysterponds Superintendent Charles Woznick who recently passed away. Supervisor Cochran liked the idea and said that she would like to see a recreation area in the eastern portion of the town. . There is a possibility to use money from next year's Community. Development funds. They .were instructed to go back to the school board and have their attorney draw up a long term lease for the town's review. Continuation of the review of IV For Discussion Items: IV. 10. Yellow Garbage Bags - Councilwoman Hussie spoke with Town Clerk and Solid Waste Coordinator, a charge account system will be set up for the businesses who purchase bags by the box to eliminate the need for them to come to town hall to pay for their bags before picking them up at the landfill. They will now be billed once a month for their charges the same as the system in place for tipping fees. It is planned to do a survey of the businesses who purchase boxes of bags' for resale. The questions asked will be: (1) Is it working? (2) Can it be improved? (3) If so, how? IV. 11.- Senior Citizen Property Tax Exemption More information to be gathered on the possibility of tying it together with a disabled exemption. IV. 12 - Biodegradable Leaf Bags. Councilman Murphy will bring further information to the Board on this item in the future. IV. 13 - Industrial E Commercial Incentive Plan (See Resolution No. 12); IV. 14. - Preparation of topographical map for landfill (See Resolution No. 19) IV. 15. - Support the "Coalition for Mandate Reform" - (See Resolution No. 15) IV. 16. STAR Re: Millstone Evacuation Plan - The Board held their position that they will continue on track working on the Fishers Island Plan at this time. IV. 17 - Proposed amendment to Chapter 48 Garbage, Rubbish 6 Refuse. Justice Evans wants to be sure that this will not negate the recent change to the law for Fishers Island. IV. 18 - ` SEQR for Freshwater Wetlands Law was discussed by the Board. The Work Session ended at 5:15 P.M. .t SEPTEMBER 1, 1998 REGULAR MEETING . A Regular Meeting of the Southold Town Board was held on September 1, 1998, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: May I have a motion to approve the audit of September 1, 1998? Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that . the following bills be and hereby are ordered paid: General Fund Whole Town in the amount of $83,773.36; General Fund Part Town bills in the amount of $440.78; Community Development Fund bills in the amount of $27,315.28; Highway Fund Whole Town bills in the amount of $3,864.69; Highway Fund Part Town bills in the amount of $7,325.89; Capital Projects Account bills in the �amount of` $51900.00; Open Space Capital Fund $633.75; Computer System Upgrade bills in the amount of $14,419.47; Employee Health Benefit Plan bills in the amount of $39,058.77; Fishers Island Ferry District bills in the amount of $12,528.77; Refuse & Garbage District bills in the amount of $2,408.99; Southold Wastewater District bills in the amount of $20,517.98; Fishers Island Sewer District bills in the amount of $375.00; Fishers Island Ferry District Agency E . Trust bills in the amount of $356.06. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the August 18, 1998, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, . Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, September 15, 1998, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: We have a special presentation today to the Mattituck Rockets. I have a proclamation on behalf of the Town Board to congratulate you on your achievement. May 1 have you all up front? Turn around and face the camera. The proclamation does list all the players names, but I think what we will do is let them introduce themselves, rather than my just reading the names, because we won't know what name belongs to whom. Why don't you start here, and say nice and loud who you are? ^ SEPTEMBER 1, 1998 Moved by Supervisor Cochran, seconded by the Entire Town Board, WHEREAS, the Town Board of the Town of Southold wishes to recognize THE MATTITUCK ROCKETS,a team in the MATTITUCK SOCCER CLUB, LONG ISLAND JUNIOR SOCCER LEAGUE,for winning the Waldbaum's Long Island Cup Championship in the under-17 age group, the first MATTITUCK SOCCER CLUB team to place as Finalists in the. State Cup; and WHEREAS, this championship is an example of the spirit, dedication, team work and sportsmanship of THE MATTITUCK ROCKETS as they defeated such formidable opponents as Stony Brook 2-0, Middle Country 3-2, Franklin Square 9-0, Cambria Heights 5-0, and finally winning over Mastic 5-1; and WHEREAS, the . importance of the skill, pride and commitment of . the coach, parents, families, and team supporters cannot be overstated as THE MATTITUCK ROCKETS were guided toward this outstanding accomplishment; now, therefore, ,be it RESOLVED that the Town Board of the Town of Southold wishes to publicly congratulate THE MATTITUCK ROCKETS for winning the Waldbaum's Long Island ' Cup Championship; with deep appreciation to the team, the coach, and the parents for the positive example they have provided to the youth of Southold Town. MATTITUCK ROCKETS Hector Munar - Coach Mahammad Baig Sean Bowen Dave Caterall Rob Dickerson Greg Giordano John Harrison Will Hayes Brendon Jordan Sean Kelly Kevin Litchult Kevin Maida Joe McHeffey Jeremy Tomaszewski Keith Wines Chris Zay DATED: September 1, 1998 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I . REPORTS. SUPERVISOR COCHRAN: Each month reports are given to the Town Board for their updating, and there information from the different departments and committees. 1 . Southold Town Trustees Monthly Report for July, 1998. 2. Southold Town' Planning Board Monthly Report for July, 1998. 3. Fire Inspection for the Summer of 1998. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: We had a public notice from the 'Department of Transportation in relation to the school zone speed limits, and the flashing beacons that were requested for Laurel, Mattituck, Peconic, Southold, Greenport and Orient. I think that is for the speed limit for all the schools. The beacons were only requested for Cutchogue, of which we did get an approval, but it would not be at the State's expense of putting them Up.. It would be at the expense of the town, so I have talked with Mr. Elwood of the Mattituck School District, and when our Highway Superintendent comes back from vacation, we will be looking at the cost. We do not have the money in the budget to do this, but the school will consider it, if they have more of an idea of a cost, so we are working closely with them. 1 . New York State Department of Transportation investigation regarding school zone speed limits and flashing beacons request for Laurel, Mattituck, Peconic, Southold, Greenport and Orient with the Town of Southold. SEPT-EMBER 1, 1998 Ill. COMMUNICATIONS. SUPERVISOR COCHRAN: We have had communications, one from the Southold Historic District Committee in relation to the Historic District, and a thank you from Parnell Wickham and Walter Krupski, co-chairs of the, Douglas Moore Concert. They wanted to thank the Board for their support, and a thank you from Jim Grathwohl to the people of Fishers Island. When we went over there they were kind enough to give him a tour of the island, and the museum. Then a letter to Superintendent of Highway Jacobs in relation to a fast request. -Usually our Superintendent of Highways if you have a concern, or a complaint, he tries that very same day to go out and make the correction if it is something minor. 1 . Maureen C. Ostermann, Chairperson of Southold Historic District Committee to Thomas Oelerich, Regional Engineer, New York State Department of Transportation - in, regard to Southold National Historical District. 2. Parnel Wickham and Walter J. Krupski, Jr., Co-Chairs of the Douglas Moore Memorial Concert with thanks for supporting the concert. 3. James F. Crathwohl to Mrs. Harold Williamson, Jr., Vice President of Fishers -island Conservancy with thank you for personal tour and orientation of Fishers Is'land prior to Annual Town Board meeting at Fishers Island with thank you-- -,, to Supervisor Cochran for invitation. 4. Robert Feger and Teresa Taylor thanking Highway Superintendent of Highway Raymond Jacobs for quick response. IV. PUBLIC HEARINGS. 1 . 5:00 f P.M., on a proposed "Local Law in to A Temporary Moratorium on the Issuance of approvals and/or permits for Business Zoned Property Along the County Road 48 Corridor in the Town of Southold". V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy, that prior to the enactment of the resolutions on that agenda, we give the public the opportunity for input, and at the end of the meeting we also allow time for anyone to give input to the Town Board, or expressions or concerns, on any Town business. So, at this time I ask if there is anyone that has a comment to make in relation to any of the planned resolutions, please, feel free now. Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. Number eight, it is very strange I was going to include that young lady in my issues tonight, but I see you have it as a resolution, so I will do it now. The senior citizens of this town should be very proud to have such a young lady like this working for the Human Resource Department in the Town of Southold. I know from some experience. You call her up, she is not one of these kind that will say, I will call, you back, you wait maybe a week, sometimes you never get a call. .She gets many times right on the case, gets the job done. She is doing a wonderful job, and also her associates. Senior citizens of this town should be very proud of her. Also the Town Board should be very proud of such an employee working for them. SUPERVISOR COCHRAN: We are, Frank. Thank you for the nice words, we recognize her value to the operation up there. Would anyone else like to address the Town Board on any of the printed resolutions? (No response.) 1 .-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the First Presbyterian Church - of Southold to hold their annual Crop Walk on Sunday, October 25, 1998, beginning at 1 :00 P.M. at the Southold High School and ending before 6:00 P.M. back at the high school, using the following town road's in Southold, provided they file with the *Town Clerk a One Million Dollar Certificate of. Liability Insurance naming the Town of Southold as an additional insured: Horton's Lane, Booth Road, Soundview Avenue, Mr. Beulah Avenue, Old North Road, and Boisseau Avenue. SEPTEMBER 1, 1998 1 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Knights of Columbus, Marion Council No. 3852, Cutchogue, New York, to use Depot Lane from New York State Route 25 to Sacred Heart Cemetery for a Pro Life March to the Shrine of the Unborn at Sacred Heart Cemetery, on Saturday, October 10, 1998, beginning at approximately 10:30 A.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. 2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Ocean & Coastal Consultants, Inc. to conduct water quality and benthic community sampling and analysis, at Goldsmith Inlet, at a cost not to exceed $7,100.00, as part of the Southold Town Erosion .Study. 3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: It is not fair really for us to laugh, and nobody knows why we laugh. I was laughing. Explain why we were laughing. SUPERVISOR COCHRAN: We learned a new word today. Benthic, bottom dwelling. 4.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lauren M. Standish provisionally to the position of Clerk-Typist in the Office of the Town Trustees, effective September 3, 1998, at a salary of $22,685.42. 4.-Vote . of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. S.-Moved by Justice Evans, seconded by Councilwoman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: A.6772.4.100.125 Programs for the Aging, C.E. Supplies E Materials Kitchen Supplies $ 1,500.00 From: A.6772.4.100.150 Programs for the Aging, C.E. Supplies & Materials Disposables $ 1,500.00 5.-Vote of the Town Board.: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: A.3120.4.100.100 Police, C.E. Supplies & Materials Office Supplies & Stationary $ 2,200.00 A.3120.2.200.300 Police, Equipment Office Equipment Filing/Storage Equipment 733.00 SEPTEMBER. 1, 1998 iS A.3640.2.500.700 Emergency Preparedness, Equipment Other Equipment Communications Equipment 1,299.97 From A.3120.2.500.400 Police, Equipment Other Equipment Radio Equipment $ 1,299.97 A.3120.2.500.500 Police, Equipment Other Equipment Radio Equipment 405.00 A.3120.2.500.800 Police, Equipment Other Equipment Light Bars 328.00 A.3120.2.300.100 Police, Equipment Motor Vehicles Automobiles 2,000.00 6.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7.-Moved by Justice Evans,. seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold amends resolution. no. 11 of August 4, 1998, granting permission to the Board of Commissioners of the Fishers Island Ferry District to engage the services of Timothy J. Keating as a full-time Ferry Captain, effective immediately, to read at a salary of $15.50 per hour, rather than the erroneous salary of $15.25 per hour. 7.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans-;=''« Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Karen McLaughlin to the position of Senior Citizen Program Supervisor at a salary of $35;068.61, effective September 1, 1998. 8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 Budget as follows: To: Revenues: A.2025.00 Special Recreational Facilities Park & Playground Funds $ 15,000.00 Appropriations: A.1620.2.500.100 Buildings 8 Grounds Capital Outlay Chamber Booth Improvements $ 15,000.00 COUNCILMAN MURPHY: This $15,000 is to add to a special grant that we have from the State for $25,000 to move and rebuild the tourist information booth in Greenport. 9.-Vote of the Town Board: Ayes: Councilman Murphy, * Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. t[ i SEPTEMBER 1 , 1998 10.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town- of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for EISEP Aides to help maintain elderly clients in their homes who need help with housekeeping and errands, to work 17 1/2 hours per week, at a salary of $7.23 per hour. 10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number 11 we will hold. We are waiting for it as far as the $2,000,000 bond issue. We have to take action on that today, and we are waiting for some wording from the bond counsel. So, we are hoping that it will come through anytime. 12.-Moved by Councilman Moore, seconded by Councilman Romanelli, WHEREAS, Section 485-b of the Real Property Tax Law was amended effective January 1, 1995 to provide exemption from real property tax and ad valorem levies for certain business investments in ,order to provide for economic resurgence within the State of New York and increased total assessed value of real property, and WHEREAS, such law provides for the creation of county industrial and commercial incentive boards in order to strategically target tax abatements to those industries and geographic areas considered to have the highest potential for successful development, and WHEREAS, the Suffolk County Legislature by Resolution No. 48-1995 adopted Local Law No. 9-1995 establishing an Industrial and Commercial Incentive Board; and WHEREAS, the Industrial and Commercial Incentive Board is charged with the preparation of a plan .for consideration by the Suffolk County Legislature that will define strategic geographic areas and businesses that will be eligible for real property tax exemption pursuant to applicable State Law; and WHEREAS, the Town Board of the Town of Southold is desirous of taking part in this program; now, therefore be it RESOLVED that the Town Board of the Town of Southold does hereby authorize the Town Clerk to forward the Town of Southold's Industrial and Commercial Incentive Plan report to the Suffolk County Executive and the Suffolk County Industrial and Commercial Incentive Board for inclusion in the Andustrial and Commercial Incentives Program, with the understanding that the Town will continue refining and amending the program as presented in the enclosed report; and be it FURTHER RESOLVED that upon the review and recommendation of the Suffolk County Industrial and Commercial Incentive Board, this Town Board will amend the Code of the Town of Southold in order to allow the Town Assessor to apply that exemption schedule made part of Section 485-b of the Real Property Tax Law. i COUNCILMAN MOORE: What all _that gobbley gook means is that what we are trying to do is target certain businesses to the town, and we have focussed on ag type business, mariculture, and tourist related businesses to be located in those areas in town where they are supposed to be located, and to encourage that, and it relates to existing businesses, and new businesses. There are tax incentive programs, that can be offered, and we are trying to participate on a Countywide basis with that. If the school districts are so inclined they can choose to participate as well. So, recognizing that the beautiful east end is not separate, and apart, and distinct from a' vibrant economy, this is our part of providing tax incentives to keep the economy rolling right along out here. 12.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SEPTEMBER 1, 1998 69'�' COUNCILWOMAN HUSSIE: I am voting yes, and I want to have everybody realize that the mention that Mr. Moore made about the fact that the school, district can take part in this, too, is probably the most important part of this whole thing. I was not particularly keen on it in the beginning until it was pointed out to me that the school district would be able to take part in it. I was thinking of just ourselves as the town a taxing entity, and we could do this on our own, but this includes the school districts. We have no control over what the school districts do, however, as you know 650 or more of your tax bill is school taxes, so you have to get going, and talk to your school boards about adopting, or becoming part of this venture, or i, else it is not going to have much impact. 13.-Moved by Justice Evan, seconded by Councilman Moore, it was RESOLVED that pursuant to the State Environmental Quality Review Act and 6 NYCRR 617 et.seq. the proposed temporary moratorium for the Route 48 corridor is a Type II action (6 NYCRR 617.5 (30) which requires no "further responsibilities" under SEQRA (6NYCRR 617.6) by the Town Board. 13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: We - are going to hold 14, because it relates to the public hearing. We have to go through the public hearing first before we can pass on that, so we are going to hold that ' until after the public hearing. We can go on to 15. 15.-Moved by Justice Evans, seconded by Councilman W rphy, WHEREAS, the stated goal of the "Coalition for Mandate Reform" is reducing and reforming state mandates on local governments and school districts in New York State. RESOLVED that the Southold Town Board hereby resolves to take and all actions to become a member of the "Coalition for Mandate Reform". COUNCILMAN MOORE: Before I vote to just explain this thing, it is kind of a bare resolution. The Long Island Association has tried for some time to convince Albany that when the State Legislature enacts laws they have to think about the economic impact of those laws on county and local municipalities. It is the unfunded mandate, which was talked about for quite some time. Long Island Association apparently doesn't feel they were very successful starting from the State level, so they are going to try and start from the grass roots, and work their way back up. The bottom up approach as was described to us, so they have asked all local jurisdiction to participate in trying to draw attention of Albany to the unfunded mandates, so this resolution relates to that as far as dealing with unfunded mandates. SUPERVISOR COCHRAN: If they want to pass them, put the money with it. So, hopefully this will have some impact. 15.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Custodial Worker III and establishes the following salary scale: 1/1/98 Entry 27,565.00 1 32,692,34 2 33,699.54 , 3 34,641 .71 4 35,648.91 5 36,656.07 16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. S.EPTEMBER 1, 1998 SUPERVISOR COCHRAN: I would just like to explain a little bit about this resolution we just passed. As far as the position of Custodial Worker III, We are not sure if we are ,going to need it or not, but one of the things that is being presented to the Board at the time of the budget is to merge two departments, the Parks, and Custodial staff, and would be treated as Building and Grounds. We think it would be more efficient. We think that more productivity, and so the Board will be discussing that, but if we do go in that direction, then we would like to have a Custodial III worker, which is his job description he can supervise others, so it is some of the things we are looking at as we work through the budget. 17.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of- Southold hereby grants Solid Waste Coordinator James Bunchuck a leave of .absence of approximately 23 days .starting with the birth of his child in October, three days of leave starting the day of delivery, then 20 additional days taken in 1/2 day increments. 17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby declares as surplus the following listing of town law books; and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to dispose of them at his discretion: McKinney's Consolidated Laws of New York Annotated Complete Set Complete Set - Good through 1996 Shepard's New York Statute Citations 1995 Volumes 1-5 . with March 1997 Cumulative. Advance Sheet Shepard's. New York Miscellaneous Citations 1994 Volumes 1-4 with March 1997 Cumulative Advance Sheet Shepard's New York Court of Appeals Citation 1993 Volumes 1-10 with April 1995 Cumulative Supplement October 1996 Cumulative Supplement March 1997 Cumulative. Advance Sheet Shepard's New York Supreme Court Citations 1995 Volumes 1-12 with 1996 Annual Cumulative Supplement January 1976 Cumulative Supplement March 1997 Cumulative Advance Sheet 18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the preparation of a topographical map of the landfill which is necessary for the landfill closure plan. 19.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 20.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for members of the Southold Town Agricultural Advisory Committee. 20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That's the end of the resolutions at this point. We have eleven yet. Has anything come through yet? That is on resolution #11, and the bond issue. We. have one minute before we open the public hearing in relation to the moratorium. May I have a motion to adjourn for ,the public hearing? SEPTEMBER 1, 1998 Moved by Justice Evans, seconded by Supervisor Cochran, it was RESOLVED that a recess be called at this time, 5:00 P. M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Meeting reconvened 5:15 P.M. SUPERVISOR COCHRAN: We will move to resolution #14. 14.-Moved by Supervisor Cochran, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of August, 1998, a Local Law entitled, "A Local Law in Relation to A Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property along the County Road 48 Corridor in the Town of Southold, and WHEREAS, a public hearing was held on this Local law on the 1st day of September 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law in Relation to a Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the County Road 48 Corridor in the Town of Southold BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1 . Purpose. The Town Board finds that Increased grow li"dnd development within the Town of Southold are placing pressures on the infrastructure of the Town including such things as water supply, traffic impacts, and the necessity to locate businesses In suitable zoning districts located in areas which are best suited for the placement of such businesses. To insure that economic activity-takes place in desirable locations thereby maximizing existing character of the TowTY- hamlet centers, an examination of the existing zoning along Route 48 from Mattituck to Greenport is necessary and is an important and appropriate subject for study in detail. This study is past due. This Local Law Is intended to preserve the status quo of the Route 48 corridor to provide the Town Board an opportunity to review the zoning of properties along the Route 48 corridor, the likely impacts to the community based upon the existing zoning of properties r along Route 48, and to make amendments as to the level and nature of business uses tha#are appropriate along Route 48 such that, these uses complement existing hamlet economic centers and that businesses uses appropriate outside hamlet centers are provided ample location in which to be situated. 7 SEPTEMBER 1, 1998 Section 2. ENACTMENT OF TEMPORARY MORATORIUM Until nine (9) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any'other Local Law adopted by the Town Board during the nine month period, no agency, board, board officer or employee of the Town of Southold including. but not limited to, the Town Board,the Zoning Board of Appeals, the Trustees, the pWnrdng Board,or the Building Inspectors)issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be Issued or allow to be issued any approval, special exception,variance, site plan, i building permit, subdivision, or permit for any of the following property uses listed in the following sections of the Town Code within the following zoning districts which are located in the Route 48 corridor: 100-61(B)and(C) governing the Resort Residential Distr1c4100-71(B)and(0)governing the Residengal Offioe District 100-81(A)(2), (3)and(B) and(C)governing the Limited Business District; 100-101(A)through(11)and(B)and(C)governing the General Business District; 100-130(A)(3) through 16 and (B) and (C) governing the Light industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B) and (C) governing the Light Industrial District. Section 3_ DEFINITION OF "ROUTE 48 CORRIDOR" The "Route 48 Corridor" is hereby defined and identified as follows: from a point beginning at the Riverhead/Southold Town Line on Sound Avenue east along Sound Avenue continuing East along County Route 48 to a point ending at the intersection of Route 48 and Route 25. The"Route 48 Corridor" shall extend one thousand feet(1000') north and one thousand feet(1000') south respectively from the north road edge and the south edge of Sound Avenue and County Road 48. SEQTEMBER 1, 1998 Section 4. EXCLUSIONS This Local Law shall not apply to any person or entity who has, prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the Route 48 corridor including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-8, 267, 267-a, 267-b,274-a,274-b, and 276 this Local Law Is Intended pursuant to Municipal Home Rule Law Sections 10('I)(1i)(d)(3) and section 22 to supersede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that tern is used and construed in Town Law section 267-b(2)(b) by reason of the enactment and continuance of this moratorium may apply to the Zoning Board of Appeals for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary Of State. r''.,a SEPTEMBER 1, 1998 COUNCILMAN MOORE: I just want to make one comment, that everyone who spoke at the public hearing it is obvious, but it wasn't- exactly said, moratorium is holding things in the . status quo, and Doc., you made a good point, that we can't sit there and expect that this moratorium will lead to the wholesale stripping of business zoned property on Route 48. If you go back, and look at the 1985 Master Plan studies and update studies that were done, there is clear discussion in there of the need to separate business uses, that are suitable for the hamlets, and business uses suitable for the North Road. There is no suggestion that the North Road becomes some pristine non-commercial route, and that all properties are just going to suddenly disappear as business owned property, and certainly the moratorium that we are doing here tonight doesn't affect that, or accomplish that either. So there are some very tough choices that have to get made, and it is time to do' it. It is long past time to do it. With that said, vote, yes. 14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, , Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number 11, do we have that wording? 14.-Moved by Councilman Moore, seconded by Supervisor Cochran, A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED SEPTEMBER 1, 1998, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS, ,INCLUDING DEVELOPMENTAL RIGHTS, - IN AGRICULTURAL LAND WITHIN SAID TOWN FOR THE PRESERVATION OF OPEN SPACES AND AREAS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,000,000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND DETERMINING THAT THIS BOND RESOLUTION. SHALL BE SUBJECT TO A MANDATORY REFERENDUM. Recitals WHEREAS, pursuant to Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247") , the Town of Southold, Suffolk County, New York (herein called "Town") , is authorized to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247; and WHEREAS, such acquisition of interests or rights in land situate throughout the Town for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural resources, as defined in Section 247, must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and i r�at� w a SEPTEMBER 1, 1998 WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in real property: now, therefore THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than three-fifths of all the members of said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, including the fee or any lesser interest, or development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247-1 in various parcels of real property including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural resources, as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act (herein called "SEQRA") , constituting Article 8 of the New York Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration. The SEPTEMBER 1 , 1998 estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $2, 000, 000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $2,000,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law") , to finance said appropriation. Section 3. The following additional matters are hereby determined, stated and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. of the Law, is thirty (30) years. (b) All or a portion of the indebtedness to be contracted by the Town for the purpose of financing the acquisition of such interests or rights in real property may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of Section 29. 10 of the Law; any portion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes issued in anticipation of the sale of such bonds. SEPTEMBER 1, 1998 7T (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1. 150-2 of the United States Treasury Department. (d) The proposed maturity of said $2,000, 000 serial bonds will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds as well as any bond purchase obligation shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service and of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and SEPTEMBER 1, 1998 issuance of the bonds herein authorized and of any bond Anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds,. may be contested only if: (a) such obligations are authorized for' an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. A proposition for the approval or disapproval of this bond resolution shall be submitted as a Proposition to the qualified voters of the Town at the Special Town Election to be held at the same time as the General Election on November 3, 1998, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote. 11 .Vote of the Town Board: Ayes: , Councilman Murphy, Councilman A. Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .- Moved by Councilman Moore, seconded by Supervisor Cochran, B. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, ' IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. A Special Town Election of the Town of Southold (herein called "Town") , in the County of Suffolk, New York, shall be held at the same time as the General Election on November 3 , 1998, between the hours of 6:00 o'clock A.M. (Prevailing time) and 9:00 o'clock P.M. (Prevailing Time) or as much longer as may be necessary to enable the voters then present to cast their votes, to vote upon the following Proposition contained in the Notice of such Special Town Election hereinafter SEPTEMEiER 1, 1993 77 set forth, shall be submitted to the qualified "voters, as hereinafter referred to. The polling places in each of the respective election districts of the Town shall be the same polling places as shall be used at the General Election to be held that day. Section 2. The Town Clerk is hereby authorized and directed to publish at least once in "THE TRAVELER WATCHMAN, " a newspaper published in Southold, New York, New York, hereby designated the official newspaper -of the Town for such publication, and to post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before such Special Town Election, a Notice in substantially the form stating that the Town Board will submit a Proposition for the approval or disapproval of the Bond Resolution adopted at this meeting, the title of which is set forth therein: TOWN OF SOUTHOLD, NEW YORK NOTICE OF PROPOSITION TO BE .SUBMITTED AT THE SPECIAL TOWN ELECTION TO BE HELD ON NOVEMBER 3, 1998 NOTICE IS HEREBY GIVEN that a Special Town Election of the Town of Southold will be held at the same time as the General Election on November 3, '1998, between the hours of 6: 00 o'clock A.M (Prevailing Time) and 9:00 o'clock P.M. (Prevailing Time) , . and that the following Proposition will be submitted to the qualified voters of the Town of Southold for their approval or disapproval and will appear on the ballot in substantially the following form, to wit: PROPOSITION SHALL THE RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold, New York, adopted September 1, 1998, authorizing the acquisition of interests or rights in real property, including, but not limited to,• developmental rights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural resources, stating the estimated maximum cost thereof is $2,000,000, appropriating said amount therefor, authorizing the issuance of $2, 000,000 serial bonds of said Town to finance said SEPTEMBER 1, 1998 appropriation, stating that land installment purchase obligations are authorized to be issued pursuant to this bond resolution and determining that this bond resolution shall be subject to a mandatory referendum, " BE APPROVED? An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that pursuant to Section 247 of the New York General Municipal Law ("Section 24711) , the Town of Southold ("Town") , is authorized to acquire interests or rights in real property for the preservation of open spaces and areas and maintaining and enchancing the conservation of natural resources, as defined therein; that such acquisition of interests or rights in real property throughout the Town must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the provisions of Section 247 and the Town .desires to impelement the land acquisition and financing program hereinafter set forth; AUTHORIZING the Town to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, including the fee or any lesser interest, or development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural resources, as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a -proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act ("SEQRA") , have been .complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration; STATING the estimated maximum cost thereof is $2,000,000; APPROPRIATING $2,000,000 to pay said cost; and STATING the plan of financing includes the issuance of $2,00-0,000 serial bonds of the Town, and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $2,000, 000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York ("Law"') to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; that all or a portion of such bonds or any bond anticipation notes may be issued in the form of a land installment purchase obligation or obligations pursuant to Section 29.10 of the Law; the .proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5) years; SEPTEMBER 1, 1998 FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and •any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Special Town Election to be held at the same time as the General Election on November 3 , 1998 and that this bond resolution shall take effect upon such approval. Said Proposition shall appear on the ballot label to be inserted in the voting machines to be used for voting in substantially the following form: PROPOSITION YES NO SHALL THE RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold, New York, adopted September 11 1998, authorizing the.:acquisition of interests or rights in real property, including, but not limited to, developmental rights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to, maintain and enhance the conservation of natural resources, stating the estimated maximum cost thereof is $2,000,000, appropriating said amount - therefor, authorizing the issuance of $2, 000,000 serial bonds of said* Town to finance said appropriation, stating that land installment purchase obligations are authorized to be issued pursuant to this bond resolution and determining that this bond resolution shall be subject to a mandatory referendum, " BE APPROVED? By order of the .Town Board Dated: September 1, 1998 ELIZABETH A. NEVILLE Town Clerk Section 3. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspaper referred to in Section 2 hereof, and hereby designated the official newspaper of the Town for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 4. This resolution shall take effect immediately. SEPTEMBER 1, 1998 11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman B Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: There will be a referendum on the agenda in November for the $2,000,000 bond issue for the purchase of both open space and farmland development rights. At this time if there is any Town business that any of you would like to share with us, or any information we can share with you, now is the time. Mr. Carlin? FRANK CARLIN: Good evening, ladies and gentlemen. Frank Carlin from Laurel. Councilwoman Hussie, about a month ago I stood before this Board complaining about being overcharged at the Landfill by 22 pounds. I told you the problem that I had. What did you come up with to solve this problem? COUNCILWOMAN HUSSIE: You asked me, I am not trying to solve this problem. You ca-;: up with a few specific questions, one of which was, why don't we have a separate scale so the situation such as yours, which were to remind everybody that your poundage that you brought in was not accurately estimated by our scales, because they work in 20 pound increments. I did look into a few things, and I came up with a few facts so far. No decisions have been made. I have not discussed this with the Board, although this seems to be my problem, it is our solution. Number one, we can buy a scale which would be incremental in smaller numbers for $2,300. We could have an attachment put on that scale,' which would do a printout for another $650. Your are making a statement, because you think we can use a bathroom scale. We talked to. the County Department of Weights and Measures. We can not do that. We have to have something, if we are going to be doing any charging, we have to have something that is absolutely valid and approved by the County. It is also •a scale that has to be checked out every three months as you. know. We, also, looked at it from the standpoint of how would we operate this thing, and where would it be? It could probably be in the large building, but it would also probably require a person to handle it. We are also concerned that if we have a scale like that more and more people will not necessarily be using the old bags, then we will have a real explosion of people, who want to know exactly how many pounds they are disposing of. So, that is where we are to this point. FRANK CARLIN: Ms. Hussie, number one, I did not mention about any bathroom scales. The Town Board made a remark about it. It was right on TV. Several people remarked about that statement, when I mentioned it to you. Some of you made a remark about that statement when I mentioned it to you. Some of you made a remark, bathroom scale. I did not make that remark. COUNCILWOMAN HUSSIE: You said you brought your stuff home, and weighted.it. FRANK CARLIN: I didn't say bathroom scale. I said, I brought it home, and had two scales that were pretty accurate. COUNCILWOMAN HUSSIE: What kind of scales do you have Mr. Carlin? FRANK CARLIN: I .have a witness, and I showed you the affidavit that he signed that he witnessed me weighting eighteen pounds, and when I went over the landfill they measured me as forty pounds. Also, the fellow at the landfill said to me, well, you would have been better off using the yellow bag. Is that correct? COUNCILWOMAN HUSSIE: I just asked you why you didn't use the bathroom scale. FRANK CARLIN: Ms. Hussie, those two red checkmarks, what does it say? No plastics, no cardboard, newspapers, cans, or bottles. I had in my material a cardboard box, plastic coathangers, and some broken tumblers of my wife's. You are telling me to violate your own rules, because the yellow bags list not to use it. Get your story straight. SEPTEMBER 1, 1998 COUNCILWOMAN HUSSIE: You have- got me there. You are absolutely right. Maybe we should take notes. FRANK CARLIN: Somebody better straighten out this operation, because I will tell you another thing, I don't come to these Board meetings unprepared, believe me. I will tell you another thing. I can get you a brand-new potato scale, brand new $450. You don't need no $2,000. 1 can get you a portable scale. Not, I can get you, but it can be purchased. This potato scale weights zero to a thousand pounds. I can get you a smaller portable scale,' that will weight in half a pound increments, be more accurate, for $200.00. As far as I am going to say, I am going to make this statement of how far I am going to have to take it. The Town owes me $.99, and I want it in a check. You overweighed. I can prove it, and you got to do something about it, because if it happened to me it happened to other people. Don't tell me about people getting discouraged, and won't use the yellow bags. So what? If I had used the yellow bag, I wouldn't have saved no money, maybe saved a nickel. It would have cost me half. I was overcharged 22 pounds, not 18 pounds. Eighteen pounds from 40 pounds is 22 pounds overcharged, or 93 cents more or less I would have paid, instead of paying a $1 .80. Better get that thing straightened out, because you also made a statement at the last Board meeting I was here, that we don't have the help. We got help there. Not many people come there with small items like this. I have been down that landfill many a times. I know what is going on, too. I lived in this town for forty-four years. I know quite a bit about what is going on around here. I don't accept your excuse, and you better change this on the bag , then, because you made a statement. You have to stick to your own rules. I will repeat it again. I might say one more issue. May I speak on it now, Madame Supervisor? SUPERVISOR COCHRAN: Yes, you may. FRANK CARLIN: A couple of weeks ago, I got to say this, a couple of weeks ago I decided to put up a new fence to replace my old fence. It was a background for my wife's flowers. It wasn't a property line fence. Nothing critical. I wanted to replace it with a nice white vinyl fence. I said to myself, I had better call up the Town Hall, and make sure nothing would prevent this . I called up Ed Forrester. I said, do I need a permit for this fence I am putting there, replacing it from the old one? Yeah, it is $35.00. 1 said, why? I am replacing the old .one. He said, it is different material. Unbelievable. So, I went down and got the permit, come back, fill it out, boom, boom, boom. I get back hoping to get my permit. He says to me, we don't take cash. I had cash with me $35.00. You don't take cash? Do you take a Visa card? No, we are not equipped to handle a Visa card, you need a little box. Well, I went back, got a check, handed it back in. Oh, before I go any further, I thought it very strange the Building Department doesn't take cash, but you can walk into the Clerk's Office, and they will take cash for any permits you want. I continue on, so bring it back, and I waited nine days, and finally got my permit. I don't see why we need that money that bad that we have to charge somebody for a permit, '.$35.00, for replacing a fence. Riverhead you don't need• a permit for any fence. Southampton you need a permit if it is over four feet I understand. One more thing I want to speak on is about metal buildings, small buildings. A lot of people build a house on an acre or two acres, they want to put up a little metal building, a 10 by 10 building for their lawn mowers and stuff. Southold you need a permit for it, Riverhead you don't need a permit providing it is no more than 100 square feet measured inside diameter. Why Southold? Do we need the money that bad? Unbelievable. To put up. .and it is not a bad looking fence, $35.00, and it was a replacement, and it wasn't on the property.,,line where it could be critical, like so many people, my neighbor, or the woods, I don't have any neighbors along the side of me, I have the woods on one side, and a little bit of problem there on the other side of me. It was just a background for my wife's flowers, and all the rigamarole waiting for nine days. I could have finished that thing off in five minutes, but we have to go through that Zoning Code, that 184 page Zoning Code we got, and make some changes in there, put some common sense and reasoning in it. SUPERVISOR COCHRAN: Frank, I did share the circumstance with the Board in one of our sessions, because it certainly doesn't make sense to me, it is not a perimeter, it is in the middle, it is the same footprint, it cast SEPTEMBER 1, 1998 is improving the property. I think your fence looks lovely. It doesn't make sense to me, also, that is part of the . . . . FRANK CARLIN: Why don't you do something about it? SUPERVISOR COCHRAN: We certainly will. It is on the list with many other thing. FRANK CARLIN: While we are doing that, I mentioned that before to you, knock off that $15.00 yard sale permit for the people in Southold. You have one yard sale .a year, Madame Supervisor, only one, and you got to charge them $15.00. You need to have zoning, but you are tightening up the people too much in this town. Believe me. I have been living here since years back, and we got along, and no problem, and but this zoning. .if was Supervisor I would take that 184 page book of Zoning Codes, throw it out the window, and start from scratch. SUPERVISOR COCHRAN: Thank you, Frank. FRANK CARLIN: One more thing while I am here, and I won't bother you no more. I will give somebody else a chance to speak. You mentioned something about Route 48, a referendum on that, and then I see you are going to have a speed limit on Route 48 from Cox Lane to Westphalia Road to 45 miles an hour. I can't understand a super highway, a four lane highway, 45 miles an hour, yet where there should be speed limits, which Is 25, I'll give you a good example of one. Right in front of my house, it is a two lane highway right by the Laurel bridge, right across the street there is a sign says, fifty-five miles an hour, a two lane highway approaching a bridge yet. Those are the things I would like to see done, not worry about a speed limit, which is four miles between Cox Lane and Westphalia Road, a forty-five mile an hour, on a super four lane highway yet. Can you imagine the tickets. 1. bet you get . a lot of money here in revenue. Imagine the tickets the cops are going to give out there. They are going to have a ball there, because a lot of your people from the city are not going to realize it is 45 miles an. hour. SUPERVISOR COCHRAN: Thank you, Frank. WILLIAM J. MILLS: William J. Mills. I am speaking as I suppose first as a Trustee of the Village of Greenport. Is there any possibility, and I just have to direct these towards your attorney, whether you can set a hearing date for the amendments to the moratorium? Is that something that you can do now? COUNCILMAN MOORE: There is more than one amendment we want to consider. SUPERVISOR COCHRAN: There are several. WILLIAM J. MILLS: It would just make us feel comfortable, I think, if' we know the ball is rolling. SUPERVISOR COCHRAN: It will be rolling, Jamie, believe me. I am giving you my word. WILLIAM J. MILLS: The second item, I will take my Trustee hat off, and put on my businessman's hat. Mr. Carlin reminded me of a point that has been stuck in my craw for awhile now, and that is concerning the stickers for commercial vehicles for the Town Dump. As a resident you can go get a sticker, no charge. SUPERVISOR COCHRAN- That's not true. $10.00 and $5.00 for the second. WILLIAM J. MILLS: A commercial business is required to get a sticker for each and every vehicle it owns, which to me is highly discriminatory, if we are all paying a fee. as we go. We pay the per pound fee, when we go into the dump, and that fee, I believe is the same for commercial and residential, or residents and businesses. SEPTEMBER 1, 1998 85. TOWN CLERK NEVILLE: Two dollars for residents without a permit, thirty dollars for a single axle commercial without a permit, sixty dollars for a double axle commercial without a permit. It is a different fee. WILLIAM J. MILLS: With a permit, whatever you bring into -the dump you pay the same price per pound, either it's $.04 per pound, or whatever. What totally baffles me is if I have a pickup that I own privately I can pay $10.00 and get a sticker, and F can bring as much stuff to the dump, and pay my $.045 a pound. But step over here, and now businessmen with six trucks, and I am going to take those same loads of stuff to the dumps, have to now pay for a sticker for each one of those trucks. COUNCILMAN ROMANELLI: Sixty dollars a truck. WILLIAM J. MILLS: Where is .the rationale? Why am I being penalized because I am successful,. and I own six trucks? We are all paying the same $.045 a pound if I bring in fifty tons I am going to pay for $.045 a pound. have no problem with that. If I bring in fifty tons as residents, I pay the $.045 a pound, but for the life of me I never understood why the town chooses to discriminate' against the businessman who happens to own a number of vehicles? As a consequence what realistically do we do? I buy one permit. We use one truck, which is extremely inconvenient to always having to swap trucks around, and people around to make sure that one . truck is available when we want to make a dump run. Thank you. SUPERVISOR COCHRAN: Mr. Samuels? TOM SAMUELS: Tom Samuels. I want to kill two birds with one Town Board meeting. I just wanted to make a„ couple. of ..comments. Number one, Southold has the finest waste management facility, on the east end by far. have used them all. It is the least expensive. It is the best run. It spent less on solid deposal since the initiative of the DEC. It is way ahead of Southampton, two miles ahead of Easthampton, way ahead of Riverhead, about half as expensive, as Shelter Island. A lot of credit for that goes to Mrs. Hussie who has been with the issue forever. I would also like to comment on Councilman Romanelli's breath of fresh air reopening of the site plan changes ' issue. It is long overdue. It is long overdue the penalizing of property owners of business a change of use from a hat store to a shoe store, or whatever, the classical descriptions of what is needed we all know they do with you. The Planning Board has got enough to do, and you got to give authority to Building Inspectors. If you don't you have. what you have now, a mess. Everybody agrees it is a mess, and not just fences. Something was brought to my attention by a farmer, who received in the mail a document called, potential land developement modifications, separation and revision of AC District to establish the following operation as the highest and best use, principal use in that zoning district. Are you familiar with this document? Is it real? COUNCILWOMAN HUSSIE: Who is it from? TOM SAMUELS: Unsigned. Does this come from the Planning Board, or from the Planning Department? This document when you start talking about moratoriums is one of the most alarming documents that I have ever read. In this document the proposition would be, or maybe it is somebody trying to rise the farmers up. SUPERVISOR COCHRAN: Tom, I think where this comes from, because that concept would certainly take away your equity from the farmer, it has come through the Planning Department, but I think it is part .of a report that Steve Jones is going to be giving. TOM SAMUELS: Who is? SUPERVISOR COCHRAN: Steve Jones is head of Suffolk County Planning. TOM SAMUELS: . This is a rather unique document. It should get some scrutiny by the public. SUPERVISOR COCHRAN: It definitely will. I think he is going to present it to the Planning Board and the Town Board at the same time. SEPTEMBER 1, 1998 TOM SAMUELS: Let me just give you one example. If you remember a previous administration was opposed . to public water, in that it would encourage development. This document would only allow residential property where there was public water. It goes further to say that possibly individual wells should be dug. Okay? A catch 22, or what, but this is. .you know I have known farmers. I moved here in 159, and I remember there were 23 farmers in Cutchogue, and on a day like today they would all be 'irrigating. You know where I live, down by the water. I am on the edge of the bubble, the hydrological bubble, that exists under Southold Town. Yet we certainly didn't have quantity problems. We had salt water incursion in the summertime, when there was great . use, and the groundwater table was down, but now all of a sudden we have quantity problems. I don't perceive them. 1 think that the ten parts per million, or billion of nitrates is an outrageous figure. There has never been any indication of scientific indication that, that was a problem, but here we have stuff that wants to save farms only acceptable use, the best economical viable use. When you want to. save farms, so the farmer can do nothing but farm, make money, or lose money, or whatever, all you can do is farm, that's it, .you got to get a- zone change. There are exceptions, and there are procedures to go through, and everything else. This is more alarming than a moratorium on 48, because the farmers have been exploited in this town since 1959. Gradually all their rights have eroded away. Some of them have sold their development rights. Not all, some of the vineyards have sold their development rights, not all. It is very difficult for them to make a living in Southold Town. There are some exceptions, Marty Sidor, Frank McBride, and couple of guys are still at it, and then you have the vineyards, which to some extent is a little (tape change) SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board? (No response.) If not, I will entertain a• motion to adjourn. Moved by Councilwoman Murphy, seconded by Councilwoman Hussie, it was RESOLVEDthat this Town Board meeting be and hereby is adjourned at 6:00 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk