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HomeMy WebLinkAboutTB-10/13/1998 OCTOBER 13, .1998 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on. October 13, 1998, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 7:30 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 the bills of October 13, 1998. Moved by Councilwoman Hussie, 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 $94,732.13; General Fund Part Town bills in the amount of $590.19; Highway Fund Whole Town bills in the amount of $11,687.45; Highway Fund Part Town bills in the amount of $8,010.73; Chips (Highway Part Town) bills in the amount of $28,713.85; Capital Projects Account bills in the amount of $5,602.85; Landfill Cap 8 Closure bills in the amount of $27,429.82; Open Space Capital Fund bills in the amount $14.18; Employee Health Benefit Plan bills in the amount of $27,861 .19; E-W Fire Protection District bills in the amount of $69,511 .64; Fishers Island Ferry District bills in the amount of $3,313.07; Refuse E Garbage District bills in the amount of $21,778.14; Southold Wastewater District bills in the amount of $228.58; Fishers Island Ferry District Agency & Trust bills in the amount of $684.69. 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: A motion to approve the minutes of September 29, 1998, Town Board meeting? Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the September 29, 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. SUPERVISOR COCHRAN: Setting a date of a Special Town Board meeting for October 22, 1998 at 4:00 P.M. to adopt the Preliminary Budget. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that a Special Meeting of the Southold Town Board will be held at 4:00 P.M., Thursday, October 22, 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: Set the next Town Board for Tuesday, the 27th at 4:30 P.M. OCTOBER 13, 1998 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, October 27, 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: From time to time it is the Board's privilege to be a part of the some of the nice things that happen in Southold Town, one is the results of the work done by our Landmark Preservation Committee. Mr. Greene, as Chairman, would you like to come forward? John, I would like you to take a moment to introduce the Landmark Committee. JOHN GREENE: There are four members here tonight, including myself, the Chairman, Herb Adler, Ralph Williams, John Stack. SUPERVISOR COCHRAN: This committee has continuity, because both these gentlemen have been there a long time, and they teach the new people like Mr. Greene here. JOHN GREENE: We have two members missing, Deborah Windsor and Bob Kassner. SUPERVISOR COCHRAN: Do you have something special? JOHN GREENE: Yes, we have a number of awards this evening. Unfortunately, all the people that were supposed to receive their awards were not able to come. I can tell you an interesting antidote about Mr. and Mrs. Tate. The Tates were just on a cruise to Hawaii, and she got off the boat to look at a beach. The first time she had been to Hawaii, the first time she had been to a beach on Hawaii, watching the water, got knocked over, and had a dislocated shoulder. So she is not able to join us this evening. Mr. and Mrs. Ernest are just coming back from Washington, so they are not here. Unfortunately, I did not hear from the owners of Storrs/Lester House, but everyone else is here. With that, why don't we go alphabetically, and start with Mr.and Mrs Asip. The Asips have a rather fascinating classic Long Island farmhouse. They approached Landmark Preservation a couple of months ago with the idea of having us come out and taking a look, which we did. Ralph and John, I think they were in charge of poking around upstairs in the attic, and I believe that Mr-Asip even volunteered to pull down a wall, so that Ralph could go up and look around. They also have had a tremendous amount of research on the property, and the house, and it's history, and it is really quite an interesting property, and I think you have done a wonderful job restoring it. It is on Bridge Lane. SUPERVISOR COCHRAN: On behalf of the Town Board I would like to present you with this certificate, Town of Southold Historic Landmark, Asip House. The structure has been designated a Landmark. JOHN GREENE: In addition to that you get your bronze medallion. The second award is for Ted James, and the Theodore James House, which is on Indian Neck Lane in Peconic. Now, Ted has been back and forth I guess with the Landmark Commission for about twelve years. Ralph and John first went out to see Ted James I think in about 1986-'87, and then you can appreciate there is a big hiatus between then and now, but Ted recently approached us, and said, why don't come back now that my garden is finished? I think most of you know that Ted is a well-known garden writer, a lecturer, a columnist, and has indeed installed quite a spectacular garden, and uses it as a showcase in collaboration with his photographer, Harry Teralondoff, for many of the shots for his books. So, it is with great pleasure that we give this, and one other little antidote here. It is said that Thomas Jefferson when he visited Southold in about 1780 someone did stop at Ted's house, and gave a lecture on new wheat grains, so there is a decided agricultural connection. OCTOBER 13, 1998 T57 THEODORE JAMES: It is quite a gratifying experience to anybody that has been through this. You know, twenty-five years of either heaven or hell depending on how you look at it, and finally to get that nice pat on the back. Thank you. JOHN GREENE: We have a special award for Mr. and Mrs. Harper. Bob and Katherine, please, come up. Bob and Katherine's house has been on the Historic Landmark, or has been on Landmark in Southold Town for many years. When they originally approached the Landmark Commission their house was not as in good shape as it was today. During, how many years have been here? Ten. They have done a truly remarkable job on their house, which is located on New Suffolk Avenue in Mattituck. The restoration, there is truly ten years of research, and love, sweat, and tears, I have feeling in this house, and it is truly a remarkable residence. If any of you ever have the opportunity to either be invited over, or to go and visit it I would strongly urge you to do this. I think the Landmark Commission was duly impressed. We went to see it on a very hot day in July, and Mr. and Mrs. Harper gave us iced tea and cookies in the kitchen, and gave us this fabulous tour from the top to bottom, and I must say it is a token to people who truly appreciate the historic structures in our town. SUPERVISOR COCHRAN: This is a certificate of recognition, and it is special kind of recognition as a result of renovating and redoing your house, and we are very pleased that you are a part of the program. Thank you very much. JOHN GREENE: We have one more award. It is actually, going to me. I must say that there are other properties that are part of this, and this is to recognize the Cosden Estates Historic District, which is on Soundview Avenue in Southold. What is unique about this district is that the Cosden family came to Southold at the turn of the century. They commissioned a fellow called James Burly, who was a well known architect at the time. He did a number of houses on Long Island, Connecticut, and had received a commission. He is also a landscape architect, and if any of you have driven on Mt. Beulah, Soundview in that area you can appreciate his hand touched that landscape. There was a newspaper article in 1916 about how extraordinarily beautiful it was. I think if you drive Mt. Beulah today it, by and large, continues to look that way. All that remains right now are two servant houses, and outbuildings which were restored by the Ernests, Mr. and Mrs. Tate, who are my next door neighbors, and myself. SUPERVISOR COCHRAN: Is the story true? I have always been told that Mr. Cosden felt that Southold was getting too crowded, and he had a big wrecking ball come ' in, and they destroyed this absolutely magnificent house. That is what the old timers tell me. JOHN GREENE: The house was torn down before World War II . With respect to local law, I think I can tell you about the stories as to why. My personal belief is income taxes, given the estate was built with pre-income tax money for $250,000, and I think that is fascinating because relative to the great space of Long Island, this property is occupied for 140 years, which is a long time relative to many estates on Long Island, but as you can all appreciate during the depression. SUPERVISOR COCHRAN: To maintain that beautiful, beautiful look of driving down Mt. Beulah with the trees arching over the road, Ed Dart and his Tree Committee are replacing trees where needed so that eventually they will grow, and catch up to some of the old ones, and form a tunnel down Mr. Beulah. John, not only for your work on the committee, and serving as Chairman, but because you truly have such an interest in this area, as to your committee they are sincere people who truly love what they are doing, and realize the importance of this, as does the Town Board, so it is with great pleasure that on behalf of the Town Board I present you with your certificate and plaque to go on the house. Thank you, John. 1 58 OCTOBER 13, 1998 I . REPORTS SUPERVISOR COCHRAN: Those of you that have the agenda, if you do not there should be copies out on the front table. As you know the Town Board receives reports from all committees and departments each month. They are listed on the agenda. They are filed with the Town Clerk. If there is anyone that would like any of this information it is all public information, and please feel free to come in, and request what you think you would like to have shared with you. 1 . Southold Town Clerk's Monthly Report for September, 1998. 2. Southold Town Planning Board Monthly Report for September, 1998. 3. Southold Town Scavenger Waste Treatment Facility Monthly Report for September, 1998. 4. Southold Town Recreation Department Monthly Report for September, 1998. 5. HHS Administrators Claim Lag Study Analysis Town Monthly Report for September, 1998. 6. HHS Administrators Claim Lag Study Analysis PBA Monthly Report for September, 1998. 7. Town of Southold Budget Report for month ending August 31, 1998. 8. Southold Town Justice Bruer Monthly Court Report for September, 1998. 9. Town of Southold Budget Report for the month ending September 30, 1998. 10. Southold Town Building Department Monthly Report for September, 1998. II . PUBLIC NOTICE. SUPERVISOR COCHRAN: Public notices in relation to a beach at North Road here in Southold. The hearing is going to be in the conference room on the 17th at 10:00 A.M. 1 . New York State Department of Environmental Conservation Notice of Rescheduled Public Hearing and Notice of Complete Application of JMC Capital Corp to sink approximately 20 boulders currently exposed on a beach at 62825 North Road, Town of Southold, SCTM #1000-40-1-11 .1 . Public hearing November 17, 1998 at 10:00 a.m. in the Conference Room, Southold Town Hall, 53095 Main Road, Southold. Written comments by November 13, 1998. III . COMMUNICATIONS. SUPERVISOR COCHRAN: Communications, we have had a letter from Coalition of Chambers of Commerce, one from Mike Ryan, North Fork Volleyball thanking us, a letter from Mr. LoGrande. As you know the Water Authority is buying lots of parcels in the Town of Southold testing for water and wells. We worked out with their Board that if they come to point where they want to sell any of the lands that they have purchased, that the Town would have first refusal. Also, a. letter thanking us for the grant for the Opera of the Hamptons Program, that took place here on the North Fork, the different programs. 1 . Suffolk County Coalition of Chambers of Commerce to Supervisor Cochran in regard to introduction. 2. Michael Ryan of the North Fork Beach Volleyball thanking the Town for continued support. 3. Michael A. LoGrande, Suffolk County Water Authority to Supervisor Cochran in regard to request for right of first refusal on parcels of property. 4. Martha Campanella, Opera of the Hampton, thanking the Town for the grant. OCTO.BER 13, 1998 T'59 IV. PUBLIC HEARINGS. 1 . 8:00 P.M., on a proposed "Local Law in Relation to Stop Signs at Azalea Road and Meadow Lane". 2. 8:05 P.M., on a proposed, "Local Law in Relation to a Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the Route 25 Corridor from the Intersection of SR25 and CR48 East to the Intersection of SR 25 and Manhasset Avenue in the Town of Southold". 3. 8:10 P.M., a a proposed, "Local Law in Relation to Amending Section 4 Exclusions of the Local Law Adopted on September 5, 1998 entitled "Temporary Moratorium on the Issuance of Approvals and/or Permits on Business Zoned Along the Route 48 Corridor in the Town of Southold". V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy in relation to the resolutions. If there are any resolutions on the agenda, that you would like to address at this point before we pass the resolutions now is your chance. , You will have time later on at the end of the meeting to address the Board on any Town business that you would like present to the Town Board. So, is there anyone that would like to address the Board in relation to any of the resolutions that we will be acting on? (No response.) If not, we will begin with number one. 1 .-Moved by Councilman Moore, seconded by Councilwoman Hussie, WHEREAS, this year we mark the 50th anniversary of the Universal Declaration of Human Rights; and WHEREAS, Human Rights are the foundation of human existence and coexistence, and they are universal, indivisible, and independent. They are what makes us human and they are the principles by which we create the sacred home .for human dignity; and WHEREAS, Human Rights are the expression of those traditions or tolerance in all religions and cultures that are the basis of peace and progress. Human Rights are foreign to no culture and native to all nations. Tolerance and mercy have always and in all cultures been ideals of government rule and human behavior; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby declares October 24, 1998 as "Diversity Day" in the Town of Southold. COUNCILMAN MOORE: There is some backup on that. October 24th is United Nations - Day, and the Southold Town Anti-Bias Task Force is sponsoring a Southold Town Diversity Day at the Southold American Legion on the 24th from two to five o'clock, so that is why this resolution designates that day in this town as Diversity Day. 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 Councilman Moore, 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.2705.40 Gifts 8 Donations Other Donations $ 857.00 Appropriations: A.1010.4.600.775 Town Board , C. E. Anti-bias Task Force $ 857.00 2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 13, 199:8 3.-Moved by Justice Evans, seconded by Councilwoman Hussie, 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.2705.30 Gifts 8 Donations . Tree Committee Donations $ 300.00 Appropriations: A.8560.4.400.200 Tree Committee, C.E. Trees 8 Maintenance $ 300.00 3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.-Moved by Councilman Murphy, 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 Richard Haile for folk dancing/substitute ' instructor, as needed, $20.00 per hour for the Fall 1998 recreation programs, all in accordance with the approval of the Town Attorney. 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 Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the placement of an advertisement in the Traveler Watchman and the Suffolk Times newspapers advertising an "Information Meeting" on the Community Preservation Fund Referendum 2% Land Bank Bill., to be held at 7:00 P.M., Thursday, October 22, 1998, at the Southold Town Hall, 53095 Main Road, Southold, New York. 5.-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 would like to encourage any residents in the Town of Southold that has any questions in their minds in relation to the referendum that will be on the November ballot, please, please attend the meeting, so you can have your questions answered, and we will try to answer all the questions that you have. 6--Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste Management District 1998 budget as follows: Amount To From 1) $2,000 Maint/Facilities&Grounds Quarry Truck Maintenance (SR 8160.4.100.800) (SR 8160.4.100.565) 2) $1,500 Newspaper Removal Mixed Paper Removal (SR 8160.4.400.835) (SR 8160.4.400.830) 3) $1,000 Newspaper Removal Repairs CAT-816 Compactor (SR 8160.4.400.835) (SR 8160.4.400.675) 4) $1,000 Glass Removal Plastic Recycling (SR 8160.4.400.825) (SR 8160.4.400.820) 5) $ 950 Equipment Rental Repairs CAT rr12B (SR 8160.4.400.700) (SR 8160.4.400.650) 6) $ 93.97 Employee Work Gear Misc. Supplies (SR 8160.4.100.120) (SR 8160.4.100.125) 7) $2,500 Maint/Supplies Trailer Fleet Maint/Mack Tractor (SR 8160.4.100.640) (SR 8160.4.100.590) OCTOBER 13, 1998 8) $1,000 Maint/Supplies Trailer Fleet Maint/CAT rr 12B (SR 8160.4.100.640) (SR 8160.4.100.560) 9) $2,500 Misc.Equipment Maint/Supplies Maint/Supplies Trommel Screen (SR 8160.4.100.600) (SR 8160.4.100.573) 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 Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 1998 East-West Fire Protection District budget as follows: To: SF.3410.4.400.200 Hydrant Rental $ 22,300.00 From SF.9010.8.000.00 Retirement Benefits $ 22,300.00 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 Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the 'Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, November 10, 1998, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing to hear citizen views on local housing and community development needs to be met with the approximately $148,000.00 in Community Development Funds the Town of Southold expects to receive in April, 1999. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing Rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street reconstruction Code Enforcement Public Water Projects Economic Development Public Services (Limited to 15%) 8.-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 nine, a resolution appointing a Southold Town Recycling Coordinator, is being held. 10.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints William F. Englis, Jr. to serve as a member of the Board of Assessment Review for a five (5) year term of office, effective immediately through September 30, 2003. 10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .-Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to 'the Mattituck Lions Club to use the following Town Roads for its annual Halloween Parade on Friday, October 30, 1998, commencing at' 6:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: ' Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck, New York. 11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 13,1998 12.- Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 13th day of October, 1998, a Local Law entitled "A Local Law in Relation to Amending Certain Sections of Chapter 97, entitled "Wetlands of the Town Code of the Town of Southold", now therefore, be it RESOLVED that this Local Law be referred to the Southold Town Planning Board and the Suffolk County Department of Planning for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Said Local Law reads as follows: A Local Law in Relation to Amending Certain Sections of Chapter 97, Entitled Wetlands of the Town Code of the Town of Southold BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 97 (Wetlands) of the Town Code of the Town of Southold is hereby amended as follows: 1. Section 97-12 (Exceptions) is hereby amended as follows: (7) The ordinary and usual maintenance or repair of a man-made pond that is created by using an artificial seal to prevent water from seeping into the ground and activities disturbing the bottom lands of, and wetlands adiacent thereto. 2. Section 97-13 (Definitions) is hereby amended as follows: WETLAND BOUNDARY OR BOUNDARIES OF A WETLAND -The outer limit of the vegetation specified in the definition of freshwater, brackis or tidal wetland The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. The methodology_ used to determine this boundary shall be the same methodology utilized in the N Y S D E C Technical Methods Statement relating to the Freshwater Wetlands Act: to wit if the innermost portion of a wetland is effectively 100 percent wetland plants the next concentric ring shows an area of 75 percent wetland species, and the outer ring is a 50 percent mix where the competitive advantage of upland species is demonstrated the boundary line will be drawn at the mid-point of the outer ring. Where a site is dominated by facultative species which are characteristic of Long Island wetlands, such as red maple (Acer rubrum) and black tupelo (Nvssa sylvatica). a community approach shall be used in determining the wetland boundary. The test of what constitutes a wetland community will be satisfied if the species are those included in the description of natural wetland community types as documented by the New York Natural Heritage Program in the March 1990 manual entitled "Ecological Communities of New York State." WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (3) All land immediately adjacent to a tidal wetland as defined in ' Subsection A(2) and lying within seventy-five (75) feet landward of the most landward edge ef rUGh a tidal wetland wetland boundary of such tidal wetland. OCTOBER 13, 1998 "�1��e. ,5 B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or (2) All lands and waters in the town which contain any or all of the following: (a) lands and submerged lands commonly called marshes .swamps. sloughs bogs and flats supporting aquatic or semi- aquatic vegetation of the followinq types: (1) wetland trees, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive'advantage over other trees: including among others, red maple (Ater rubrum) willows (Salix spp ) black spruce (Picea mariana): swamp white oak(Quercus bicolor) red ash (Fraxinum pennsylvanica) black ash (Fraxinus ni-gra) silver maple (Ater saccharinum) American elm (Ulmus americana), and larch (Larix laricina)' or (2) wetland shrubs, which depend upon seasonal or Permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs; including, among others. alder (Alnus spp ) buttonbush (Ceohalkanthus occidentialis) bog rosemary (Andromeda glaucophylla). dogwoods (comus spp ) and leatherleaf (Chamaedaphne calyculata)• or Q) emergent vegetation rnciuginq among others cattails (Typha,spp.), pickerelweed (Pontederia cordata) bulrushes (Scirpus spp.). arrow arum (Peltandra vir-ginica) arrowheads ' (Sagittaria spp.). reed (Phragmites communist wildrice (Zizania aguatica) bur-reeds (Sparganium spp ) purple loosestrife (Lythrum salicaria). swamp Ioosestrife (Decodon verticillatus) and water plantain (Alisma plantagoaguatica)• or (4) rooted, floating-leaved vegetation: including among others water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.): or (5) free-floating vegetation: including, among others duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.): or (6) wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently water-lopped soils to give it a competitive advantage over other open land vegetation: including, among others. sedges (Carex spp.) rushes (Juncos spp.). cattails (Typha spp.). rice cut--grass (Leersia orvzoides). reed canary grass (Phalaris arundinacea) ` swamp Ioosestrife (Decodon verticillatus), and sgikerush (Eleocharis spp.): or (7) boq mat vegetation: including, amonq others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla). leatherleaf(Chamaedaphne calyculata). Pitcher plant (Sarracenis gurgurea). and cranberries (Vaccinium macrocarpon and V: oxvcoccos): or OCTOBER 13, 1998 (8) submergent vegetation: including, among others, nondweeds (Potamogeton spp.), naiads(Naias spp.) bladderworts (Utricularia spp.)..wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chars spp.), stonewort (Nitella spp.), water weeds'(Elodea spp.), and water smartweed (Polygonum amphibium): or (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet,and provided further that such conditions can be expected to persist indefinitely, barring human intervention: (c) lands and waters substantially enclosed by aquatic or semi-aquatic vegetation as set forth in paragraph (a) or be dead vegetation as set forth in paragraph (b), the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation: and (d) the waters overlying the areas set forth in (a) and (b) and the lands underlying (c). (2) All land immediately adjacent to a "freshwater wetland," as defined in either Subsection B(1) or Subsection B(2) and lying within seventy-five (75) feet landward of the most landward edge of-a- " " wetland boundary of such "freshwater wetland". 3. Section 97-20.13. (Permits Required) is hereby amended as follows: (B) Notwithstanding the provisions of Subsection A of this section, the Trustees may, by resolution, waive the requirement of a permit with respect to lands immediately adjacent to wetlands, as defined in Subsection A(3) or B(3) of the definition of"wetlands" in §97-13, if the Trustees find and determine that no operations are proposed on such lands, or that the operations proposed thereon comply with the standards set forth in §97-28 of this chapter. H. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. I11. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions 12.-Vote of the Town Board: Ayes: Councilman . Murphy, Councilman Romanelli, . Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 13, 1998 1 65 . 13.- Moved by Councilman Hussie, seconded by Councilman Murphy, WHEREAS, there has been presented to the Town . Board of the Town of Southold, on the 13th day of October, 1998, a Local Law entitled "A Local Law in Relation to Amending Certain Sections of Chapter 97, entitled "Wetlands of the Town Code of the Town of Southold", now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Tuesday, October 27, 1998 at the Southold Town Hall, 53095 Main Road, Southold, New' York, as the time and place of hearing on this Local Law which reads as follows: A Local Law in Relation to Amending Certain Sections of Chapter 97, Entitled Wetlands of the Town Code of the Town of Southold . BE IT ENACTED, by 'the Town Board of the Town of Southold as follows: I. Chapter 97 (Wetlands) of the Town Code of the Town of Southold is hereby amended as follows: 1. Section 97-12 (Exceptions) is hereby amended as follows: (7) The ordinary and usual maintenance or repair of a man-made pond that is created by using an artificial seal to prevent water from seeping into the ground and activities disturbing the bottom lands of, and wetlands adjacent thereto. 2. Section 97-13 (Definitions) is hereby amended as follows: WETLAND BOUNDARY OR BOUNDARIES OF A WETLAND -The outer limit of the vegetation specified in the definition of freshwater, brackis or tidal wetland The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. The methodology used to determine this boundary shall be the same methodology utilized in the N Y S D E C Technical Methods Statement relating to the Freshwater Wetlands Act: to wit If the innermost portion of a wetland is effectively 100 percent wetland plants. the next at the mid-point of the outer ring. Where a site is dominated by facultative species which are characteristic of Long Island wetlands, such as red maple (Acer rubrum) and black tupelo (Nvssa sylvatica), a community approach shall be used in determining the wetland boundary. The test of what constitutes a wetland community will be satisfied if the species are those included in the description of natural wetland community types as documented by the New York Natural Heritage Program in the March 1990 manual entitled "Ecological Communities of New York State." WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seventy-five (75) feet landward of the most landward edge Gf 661Gh a tidal wetland wetland boundary of such tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or 1`6( OCTOBER 13, 1958 (2) All lands and waters in the town which contain any or all of the followinq: (a),lands and submerged lands commonly called marshes, swamps sloughs bogs and flats supporting aquatic or semi- aquatic vegetation of the following types: (1) wetland trees which depend upon seasonal or permanent flooding or sufficiently water-lopped soils to give them a competitive advantage over other trees: including, among others red maple (Ater rubrum) willows (Salix spp.), black spruce (Picea mariana)• swamp white oak(Quercus bicolor), red ash (Fraxinum pennsylvanica) black ash (Fraxinus ni-gra), silver maple (Ater saccharinum) American elm (Ulmus americana), and larch (Larix laricina): or (2) wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage-over other shrubs; .including among others, alder(Alnus spp.). buttonbush (Ceghalkanthus occidentialis), bog rosemary (Andromeda glaucophylla), dogwoods (comus spp.), and leatherleaf (Chamaedaphne calyculata): or. (3) emergent vegetation, including, among others, cattails (Typha spp.) 'pickerelweed (Pontederia cordata), bulrushes (Scirpus spp ) arrow arum (Peltandra virainica), arrowheads (Sagittaria spp.) reed (Phragmites communis), wildrice (Zizania aquatics) bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria) swamp loosestrife (Decodon yerticillatus) and water plantain (Alisma plantagoaguatica),, or ,(4) rooted floating-leaved vegetation: including, among others, water-lily (Nvmghaea odorata) water shield (Brasenia schreberi and spatterdock (Nuphar spp.); or (5) free-floating vegetation: including among others, duckweed (Lemna spp 1 big duckweed (Spirodela polyrhiza),and watermeal (Wolffia spp.): or (6) wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land vegetation: including among others sedges (Carex spp.), rushes (Juncus sop.), cattails (Typha spp.). rice cut-sirass (Leersia orvzoides) reed canary-grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis spp.): or (7) bop mat vegetation: including among others, sphagnum mosses (Sphagnum spp.), boo rosemary (Andromeda glaucophvlla) leatherleaf(Chamaedaphne calyculata). pitcher plant (Sarracenis purpurea), and cranberries (Vaccinium macrocargon and V. oxvcoccos): or .. ;ire. .• .. .. OCTOBER 13, 199'8 r 67 (8) submergent vegetation: including, among others, pondweeds (Potamogeton sop.), naiads-(Naias spp.) bladderworts (Utricularia sgn.). wild celery a allisneria americana) coontail (Ceratophvllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.). stonewort (Nitella spp.), water weeds (Elodea sm.). and water smartweed (Polygonum amphibium): or (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention: (c) lands and waters substantially enclosed by aquatic or semi-aquatic vegetation as set forth in paragraph (a) or be dead vegetation as set forth in paragraph (b), the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation: and (d) the waters overlying the areas set forth in (a) and (b) and the;lands underlying (c). (2) All land immediately adjacent to a "freshwater wetland," as defined in either Subsection B(1) or Subsection B(2) and lying within seventy-five (75) feet landward of the most landward edge-e€-a- " " wetland boundary of such "freshwater wetland". 3. Section 97-20.13. (Permits Required) is hereby amended as follows: (B) Notwithstanding the provisions of Subsection A of this section, the Trustees may, by resolution, waive the requirement of a permit with respect to . lands immediately adjacent to wetlands, as defined in Subsection A(3) or B() of the definition of"wetlands" in §97-13, if the Trustees find and determine that no operations are proposed on such lands, or that the operations proposed thereon comply with the standards set forth in §97-28 of this chapter. II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions 13.Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 618 OCTOBER 13, 1998 14.- Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, Eugene Henson has requested that 'his status be changed from full-time to part-time; and WHEREAS, Eugene Henson understands and agrees that medical insurance, available to him as a full-time employee, will not be available upon change of status; and WHEREAS, the Board of Commissioners of the Fishers Island Ferry District hereby approves of Eugene Henson's request for the said change in status; now, therefore, be it RESOLVED that the' Town Board of the Town of Southold hereby changes Eugene Henson's employment status to that of part-time Ferry Captain effective October 1, 1998. 14.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 15.- Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, the Board of Commissioners of the Fishers Island Ferry District wishes to engage the services of a full-time employee to replace Eugene Henson; and' WHEREAS, Sean O'Meara, who currently employed as a part-time deckhand, has made application for the position; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby employs Sean O'Meara on a full-time basis at a salary of $8.25 per hour. 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 Romanelli, seconded by Councilman Murphy, WHEREAS, the north ferry landing ramp in Silver Eel Cove, Fishers Island, which has been in service since 1982, is in need of repairs to ensure continuing safe operation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Board . of Commissioners of the Fishers Island Ferry District to advertise for bids for making repairs to said ramp in accordance with specifications. 16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the. Town Board of the Town of Southold hereby adopts the following Policy on Sexual Harassment and directs that it be made a part of the Employee Handbook: POLICY ON SEXUAL HARASSMENT The Town of Southold strongly condemns and strictly prohibits all forms of sexual harassment. Sexual harassment is against the law. It also creates an unpleasant and unproductive working environment. All employees are reminded that such behavior is absolutely unacceptable and will result in disciplinary action or discharge. The following activities are examples of possible "harassment". All may be considered serious enough to warrant immediate discipline or discharge, in accordance with the Civil Service Law. 1 . Threatening retribution or promising benefits in return for sexual favors, whether implicitly or explicitly. 2. Unwanted physical contact. The person being' touched is the judge of what contact is unwanted. 3. Unwanted sexual advances. 4. Comments concerning an employee's sexual habits, sexual preference, or sexual desirability, whether directed directed at him or her or not. 5. Offensive talk about sex, woman, men or sexuality. 6. The use of demeaning or offensive words when referring to men or woman. 7. The display of pornographic or other highly offensive material. OCTOBER 13, 1998 8. Any other activity that creates an unpleasant or offensive working environment, or that interferes with work performance, because of person's sex. It makes no difference if the harassment is "just joking" or "teasing" or playful". Jokes may be just as offensive as any other type of harassment, and will be dealt with in the same manner. Harassment by peers is just as strictly prohibited as harassment by supervisors. No employee may take any action that creates an offensive environment for any other employee. All employees are responsible for successfully maintaining this policy. In particular, every supervisor and manager has an affirmative duty to maintain his or her department free from any form of harassment. IF YOU ARE THE SUBJECT OF OR WITNESS TO SEXUAL HARASSMENT Any employee who believes that he or she has been the victim of sexual harassment or who has seen anyone engaging in any of the prohibited activities listed above should report the harassment at once to his/her immediate supervisor, to Town Attorney Greg Yakaboski (telephone extension 217, or to Compliance Office Town Clerk Elizabeth A. Neville (telephone extension 227. Complaints may be made in person or in writing, and will be kept in the strictest confidence compatible with a thorough investigation. Once a complaint is made, the Town will promptly conduct a thorough and impartial investigation to determine if sexual harassment has occurred. If the alleged harassment involves the individuals who would ordinarily conduct the investigation, an alternate means of investigation will be used. If it is concluded after investigation that harassment did occur, the Town will do its utmost to rectify the situation without delay. This may include the discipline or discharge of those participating in or condoning the harassment. Discipline will be imposed in accordance with the New York Civil Service Law, and may include a written warning, probation, suspension, or demotion, as well as discharge. Individuals who are found to have violated this policy may also be transferred to other positions, required to undergo counseling, and/or required to offer a formal apology. If the complaining employee is not satisfied with the outcome of the investigation or with, the actions taken as a result of the investigation, he or she should notify Town Attorney, the Compliance Officer, or the Town Supervisor, so that the matter can be reviewed. Employees who in good faith report sexual harassment will be protected against adverse employment actions or retaliation as a result of their report. Such a report will have no negative impact upon the complaining employee: OTHER TYPES OF HARASSMENT Just as sexual harassment is strictly prohibited, so is harassment on the basis of race, color, ethnicity, disability, religion, national origin, age, veteran status, citizenship, or any other category protected by law. Employees who believe they are being harassed or discriminated against on the basis of any of these factors should follow the same procedure outlined above for sexual harassment. If you have any questions concerning The 'Town of Southold's policy on sexual harassment, or other equal employment opportunity matters, please feel free to contact the Town Attorney at telephone extension 217. 17.-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: I would just like to say that there has been some changes in the law. We did have an attorney out this past week, and we did a seminar for the department heads, and we received information in relation to the awareness of sexual harassment, and part of that is having a policy, and it certainly is something that we will enforce if necessary. 18.- Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Town Clerk Elizabeth A. Neville as the Compliance Officer for the Policy on Sexual Harassment. 18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 13, 1998 19.-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the preparation of a survey of the Southold Town hall property, at a cost not to $600.00. 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 Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the sponsorship of Todd F. Bryant's attendance in the Suffolk County Police Academy part-time program commencing October 26, 1998 to approximately May 7, 1999, at no cost to the Town of Southold. 20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 21 .-Moved by Councilwoman Hussie, seconded by Councilman Moore, WHEREAS, the Town of Southold is a historic community with roots going back to its origin as the First English Settlement in New York State in the 1640; and WHEREAS, the Town .Board is desirous of protecting and promoting its historical and cultural heritage as found in the buildings with the township, particularly within its Historic Districts and its traditional hamlets, and WHEREAS, the Town Board recognizes that these buildings are a significant asset to the community for economic, as well as a visual, architectural and cultural reasons, and WHEREAS, the Landmark Preservation Commission wishes to consolidate information about financial and other programs which would assist the owners of recognized historic properties to maintain, renovate, and upgrade them, now, therefore, be it RESOLVED that the Town Board hereby charges the Southold Town Landmark Preservation Commission to research and gather information about the range of tools available from public and private sources to preserve, protect, maintain and upgrade historic properties, information to be presented to the Town Board in four months time from the date of this resolution. 21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 22.-Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the use of the former Thompson house on the corner of Southold Town Hall property for a "Halloween Haunting" to be open to the public to be Feld on Friday, October_ 30, 1998 and Saturday, October 31, 1998. 22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No: Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILMAN MOORE: Let me just explain. My wife had some great idea sitting at the dining room table one evening. Wouldn't it be fun to do that, so we had the foolishness to suggest that to Jean. Great idea. So, Pat is the chairman, it's off to the races, and schools are involved, and Interacts are involved, and Cornell Cooperative Extension. SUPERVISOR COCHRAN: The four banks in town are sponsoring with funds. It's going to be fun, but it is for all the little pumpkins that walk around on Halloween night, and some of the big ones, too. 1-t1 OCTOBER 13, 1998 71 23.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John M. Addamo to the position of Full-Time Laborer at the Scavenger Waste Facility at a salary of $13.05 per hour, effective November 1, 1998. 23.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.-Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of September, 1998, a Local Law entitled, "A Local Law in Relation to Stop Signs at Azalea Road and Meadow Lane", now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby determines that "A Local Law in Relation to Stop Signs at Azalea Road and Meadow Lane" is a Type li action under the provisions of SEQRA 6NYCRR 617.5 (c)(16), thus the action is not subject to further environmental review. 24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. .. This resolution was duly ADOPTED. 26.-Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 29th day of September, 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 Route 25 Corridor from the intersection of SR25 and CR48 East to the Intersection of SR25 and Manhasset Avenue in the Town of Southold, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby determines that this proposed "action" is a Type II Action under the provisions of SEQRA, 6NYCRR 617.5(c)(30), thus the "action" is not subject to further environmental review. 26.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 29th day of September, 1998, a Local Law entitled "A Local Law in Relation to Amending Section 4. Exclusions of the Local Law adopted on September 1, 1998 entitled "Temporary Moratorium on the Issuance of Approvals and/or Permits on Business Property Along the County Route 48 Corridor in the Town of Southold, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby determines that this proposed "action" is a Type II Action under the provisions of SEQRA, 6NYCRR 617.5(c)(30), thus the "action" is not subject to further environmental review. 28.-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: May I have a motion to adjourn for the hearings? Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:00 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. Meeting reconvened at 8:15 P.M. SUPERVISOR COCHRAN: We will act on 25, then 27, and 29. 1 7 OCTOBER 13, 1998 SUPERVISOR COCHRAN: I will continue saying what I started to say. Some of us started at 8:30, and the whole gang started at 9:00 o'clock this morning, and we worked through to about 4:30, quarter to five, and then we went into the Conference Room, and worked with the Budget from five to seven. We ordered pizza, but I would like to thank the Board for putting in such a long day. It was a long day. I think we are all tired, but we are hanging ,in there, but the Budget process is moving along fairly well, thanks to the cooperation here. If I may share with you this is a cookbook that the Town Hall has put out. It has all the recipes from the staff. I didn't realize until I was elected what wonderful, wonderful cooks we have here in Town Hall, both male and female. So, we decided we should do a cookbook, because there is a lot of talent here, so this is the cookbook with a picture of Town Hall on it. It would make a nice Christmas gift. The proceeds from this will be used for the daffodil program, for planting daffodils throughout the Town of Southold. We just recently had a $400.00 donation, which was used to purchase bulbs, thanks to Brian Murphy. He gets them for cost, so we are able to make the pennies go a little further, and we had some Girl Scout troops call, and say, did we have any bulbs that they could plant? So, I think we have got about six or seven troops, both Cub Scouts and Girl Scouts, that are planting daffodils from Orient to Mattituck in different areas, so we are very pleased with this, and we will be using the proceeds from the cookbook toward the program, and also, the proceeds from the Haunted House. We are going to ask for a donation of 25 cents per person as they go through the Haunted House, and those funds also will be used for the daffodil program. One way or another we will make Southold bright yellow and shiny every Spring, more than it already is. We will act on 25, then 27, and 29. 25.- Moved by Councilman Moore, seconded by Councilman Romanelli, WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of September 1998, a Local Law entitled, "A Local Law in Relation to Stop Signs at Azalea Road and Meadow Lane"; and WHEREAS, a public hearing was held on this Local Law on the 13th day of October, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED a public hearing was held on this Local Law on the 13th day of October, 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: LOCAL LAW NO. 17 - 1998 A Local Law in Relation to Stop Signs on Meadow Lane and Azalea Road BE IT ENACTED, by; the Town Board of the Town of Southold as follows: I . Chapter 92 (Vehicles E Traffic) of the Code of the Town of Southold is hereby amended as follows: 1 . Article III, Section 92-30 (Stop Intersections with stop signs) is hereby amended by adding thereto the following: Stop Sign on Direction of Travel At Intersection Location . With (Hamlet) Meadow Lane East Cardinal Drive Mattituck Azalea Road West Cardinal Drive Mattituck II . This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates additions. 25.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 27.-Moved by Councilman Romanelli, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board on the 29th day of September, 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 Intersection of SR25 and Manhasset Avenue in the Town of Southold; and WHEREAS, a public hearing. was held on this Local Law on the 13th day of October, 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: OCTOBER 13, 199EI : : Y LOCAL LAW NO 18 - 1998 Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the Route 25 Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. 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 growth and 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 Town's hamlet centers, an examination of the existing zoning along The Route 25 Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE CORRIDOR" 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 CORRIDOR to provide the Town Board an opportunity to review the zoning of properties along THE CORRIDOR, the likely impacts to the community based upon the existing zoning of properties along THE CORRIDOR, and to make amendments as to the level and nature of business uses that are appropriate along THE CORRIDOR 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. 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 Planning Board, or the Building Inspector(s) issuing any building permit 177A OCTOBER 13, 1998 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, 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 CORRIDOR: 100-61(B) and (C) governing the Resort Residential District; 100-71(B) and (C) governing the Residential Office 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 The Route 25 Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town of Southold ("THE CORRIDOR") THE CORRIDOR is hereby defined and identified as follows: from a point beginning at the intersection of SR 25 and CR 48 East to a point ending at the Intersection of SR 25 and Manhasset Ave. in the Town of Southold "THE 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 SR 25. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) 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 parcel of property including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium; OCTOBER 13, 1998 1 7 and 2) parcel(s) of land currently improved with a building or buildings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or buildings; and b) and so long as the application does not require any applications to, or approvals, special exceptions, variances from, the Zoning Board of Appeals of the Town of Southold. 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-a, 267, 267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(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 term 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. - OCTOBER 13, 199Z 27.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. . This resolution was duly ADOPTED. 29.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold on the 29th day of September, 1998, a Local Law entitled "A Local Law in Relation to Amending Section 4. Exclusions. of the Local Law adopted on September 1, 1998 entitled "Temporary Moratorium on the Issuance of Approvals and/or Permits on Business Zoned Property Along the Route 48 Corridor in the Town of Southold; and WHEREAS, a public hearing was held on this Local Law on the 13th day of October, 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: LOCAL LAW NO. 19 - 1998 A Local Law Amending Section 4 of the Local Law entitled, "A Local Law in Relation to Temporary Moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold" adopted by the Town Board of the Town of Southold on September 1, 1998. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 4. EXCLUSIONS is hereby amended as follows: 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; and 2) parcel(s) of land currently improved with a building or buildings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or buildings; and b) and so long as the application does not require any applications to, or approvals, special exceptions, variances from the Zoning Board of Appeals of the Town of Southold. This Local Law shall take effect upon its filing with the Secretary of State. * underline indicates additions. 29.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our prepared resolutions. At this time, if there is anyone in the audience that would like to share any Town business with the Town Board, we would be very happy to have you present it at this time. JACK WILLIAMS: Jack Williams from East Marion. Two weeks ago we were given to understand that there might be further enlightening on the subject of the Southold Electric Company. I see it has been discussed during the day. Would anybody care to share any information with us on that? SUPERVISOR COCHRAN: Do you want to do that, Alice or Greg? TOWN ATTORNEY YAKABOSKI : The current situation with the utility service is that there is a draft resolution, which was handed out to the Board members today for their review during the week. That incorporates three things which are necessary under Section 360, the Municipal Law establishes the method of a foreign intra-structure. It sets forth the maximum estimated costs, and it also sets forth the method of buying the service. I believe that pretty much sums up where it currently is. COUNCILWOMAN HUSSIE: Supposedly that will be already to do, and we can vote on establishing the company, and then going out for referendum. But, that is going to take a little while. So, we have made some progress toward it, not a giant step, a baby step. SUPERVISOR COCHRAN: Does that answer your question? OCTOBER 13, 1998 1 7 7 JANE BORELL: Jane Borell, East Marion. I was wondering what Councilwoman Hussie was able to ,come up with in the way of, you were going to be approaching some purveyors. COUNCILWOMAN HUSSIE: I did that. I did that. I don't have my notes in front of me. I talked to a power company in Houston, and they told me what it costs in North Carolina. They told me how much various things would cost, but they would not give me any idea as to how much we would pay. They gave other costs. Another company said they would be very happy to help us w1th our RFP, and I talked to a third company. The bottom line is I didn't really get anything I could grasp, hold on to. JANE BORELL: Because you had thought without an existing company they would be less likely to treat you. . COUNCILWOMAN HUSSIE: They were very kind, very cordial, and all of that, but I couldn't come back to this Board, and say, okay, X company is going to give us, we will bid this amount. It didn't happen. SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the Board? Yes, sir? HANK KUHN: Hank Kuhn from Laurel. After hearing the comments this afternoon, I guess, concerning the electric situation, I went back to that Power Alternative brochure, and in that they state that the twelve month requirement for the Town of Southold is over 110,000,000 kilowatts. That is kilowatt hours. We are talking about a $.05 savings, and you divide that savings by twelve months, you are talking over $400,000 a month the people of Southold are spending in different .ways in resolving this electrical situation, assuming that it is past. If it isn't passed, of course, it won't work. Any delays is costing, because you are spending money you shouldn't be spending somewhere down the line. I mean, the quicker we resolve this, the better off we will be. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Board on any Town business? Mr. Haupt? HAROLD HAUPT: Harold Haupt. The original write-up that you have on this, what has changed? Anything? I mean the proposition you gave out. SUPERVISOR COCHRAN: Are you talking about the plan from Power Alternatives? HAROLD HAUPT: Yes. Is that what you are still talking about? COUNCILWOMAN HUSSIE: We have had three capability studies done over the last twelve years. They have all come in pretty much the same. Yes, it is feasible. The costs have changed obviously because everything has changed in the last twelve years. HAROLD HAUPT: Let me ask you, in the time that came out there are no changes been made? The sum of money that you are talking about, is that going to cover everything? COUNCILWOMAN HUSSIE: That is the worse case scenario, which also included $8,000,000 charge to the Town of Southold when the Shoreham expense was considered. If we could avoid that, that would be $8,000,000 less. But this was the worse case scenario that we were presented with. HAROLD HAUPT: Why I am asking you this question is, if that covered everything, does that cover just wiring and getting it as a utility? COUNCILWOMAN HUSSIE: It covers the legal expense. It covers the engineering expense. It covers the acquisition by condemnation of the lines. It covers one year's running expense for the accounting and certain number of trucks, and the personnel, really the operation expenses. 17 8 OCTOBER 13, 1998 HAROLD HAUPT: From reading the brochure that I received from Town Hall, I hate to tell you but you are going to go backwards. The reason I am telling you, if you operated according to that plan right now you have phase to phase 13,200 volts phase to ground 7620. That plan is telling you, you are going to go back to 4KB. You are going to lower your voltage, and by doing that you are going to have to change out every transformer in the location. So, that the amount of money, that is why I asked if there were a change, the amount of money before you can start according to that plan is going to cost you a lot more than the set figure that you have there. They make a lot of comparisons with that plan with Creenport. Creenport does operate under 4KB. You can work a certain way with the 762,000 high voltage. You can not work the same as you do with 4KB. It is your business. You went back to 4KB, what I am telling you, and some day when it is cold out, and you need the pumps to run, and the voltage is low, and you couldn't get it to operate, you are going to be blowing somebody, but you are not going to get anything. That is the same as any other business in this town. This is why the lighting company, when they had it went to 4KB voltage to high voltage, and changed it. So if you do buy it, and make it a utility you are going to have to start putting up step down transformers, changing your voltage back to 4KB until you work your way all the way to the substation by changing every transformer. You are talking lots and lots of money. So, when you start talking that kind of money is it going to be worth the havoc or not? COUNCILWOMAN HUSSIE: I don't know the answer to that, but I would imagine that the answers would come from the engineering people, that we would have to have look into that. I have no idea. HAROLD HAUPT: See the man made a great presentation to the people sitting here that night, and sounded great what he was selling, but he wasn't telling the people what had to be done. All he was saying was you were going to save money. If you start doing all this work you are not going to save money. The other thing if you sign the contract with him he wanted a ten to fifteen year contract with 500 of your savings. He is going to take for ten or fifteen 'years fifty percent of your savings, so the people aren't going to be saving that much money in the long run, and it still is going to be costing the town to buy all this equipment, and maintain it, to operate it you are going to need different types of personnel to operate it than it was specified. COUNCILWOMAN HUSSIE: Let me ask you a question. This is obviously something that you know something about, and I don't. HAROLD HAUPT: You should, because you have been talking about this for years. COUNCILWOMAN HUSSIE: But I am not talking about that technical stuff. I was assuming, and perhaps I was wrong, you tell me, that the flow of electricity would be operated the same way that it is now. Do you see it change? HAROLD HAUPT: According to that write-up. The man in that write-up said it is going to operate at 4KB. COUNCILWOMAN HUSSIE: And what are we doing now? HAROLD HAUPT: We are operating phase to phase, that is between multi-phase. They call it 13,200 volts, phase to ground, that is a single phase line is 7620, so if you are going to change it back to 4KB, every transformer on the system has to be changed, because they are different types of transformer. COUNCILWOMAN HUSSIE: So, we have four transformers right now. Would we be adding or -just changing those four? HAROLD HAUPT: You have how many? COUNCILWOMAN HUSSIE: Four. OCTOBER 13, 199.8 HAROLD HAUPT: Four? Where? COUNCILWOMAN HUSSIE: Substations. HAROLD HAUPT: I am talking about any transformer you see along the . road, in the air, or underground. They have to all be changed. In the write-up it wasn't really telling you in that amount of money, that is why I asked, if that amount of money covered doing all this work? COUNCILWOMAN HUSSIE: Are you in the phone book? HAROLD HAUPT: Yes. SUPERVISOR COCHRAN: Also, Hoagy, two weeks ago I wrote to the people that are consultants, and asked them for all backup data to this plan, and we haven't heard any response from them as yet, but we have seen no supporting data with this presentation they have given us, which think is part of what you are saying. HAROLD HAUPT: When you have people working under 4KB you can work it, climb a pole, and handle it. With high voltage you can not do that. That is why you have to have a bucket truck. They are all insulated. If you are not insulated, .and isolated, you are not going to be working very long. SUPERVISOR COCHRAN: Thank you, Hoagy. Mr. Baker was also with the lighting company for many years. LOU BAKER: No sense in me asking any questions because nobody knows anything. SUPERVISOR COCHRAN: Would you like to ask your question to see if we know something? Give us something more to think about. LOU BAKER: Lou Baker, Southold. Hoagy was talking about pole transformers. What about sub-station transformers? You think these pole transformers cost a lot, if you go to a sub-station changing 23,000, or 69,000 volts to 13,000 which we do now, if you go to our new transformer you go to 4,000 volts. It is going to cost a lot of money, regulators, metering, all kinds of equipment. SUPERVISOR COCHRAN: That is within the substations in addition to transformers on poles? Right. LOU BAKER: What about the gas turbine down .here? Does anyone know anything about that? Does the town buy it? COUNCILWOMAN HUSSIE: In this proposal it supposed to be we buy it. LOU BAKER: You got to figure on a lot of maintenance. That thing runs 600 gallons of fuel an, hour. There are a lot of things in that story, that was flung out before. There is only one substation from Laurel to Orient, 4,000 volt circuit. There could be a lot of complaints about low voltage. So, there is an awful lot to be learned by somebody before this goes too far. -You are buying a pig in a poke, it looks like. COUNCILMAN MOORE: We have some questions about the information provided by that particular organization starting with the very procedure they suggested to us was the procedure that was required for villages, not for towns. So, it would raise a little bit of eyebrow, if this is another case of where some information was packaged up. I don't know what they are trying to suggest we go back and change that alternative stuff. As much as it well be that they have misdescribed the system that they envisioned operating here. That raises different questions, so that is being looked at. LOU BAKER: There is a lot more to be known about it. SUPERVISOR COCHRAN: Thank you, sir. Anyone else like to address the Board? OCTOBERa3, 199.8 HANK KUHN: Three things I wanted to mention. Comment was made by Mr. McMahon, I think it was, that there were four legal docks in Brush's Creek. Most of the houses on the creek side of the road date back to the 30's, and so do the docks. SUPERVISOR COCHRAN: Grandfathered in? HANK KUHN: Yes. Just to clarify. The second question was, not a question a comment, there was comment made about docking south of the bridge. That is a commercial facility. SUPERVISOR COCHRAN: The gentleman that lives on the north side to the right. Okay. HANK KUHN: I have been there eighteen years, and Ao my knowledge no one north of the road has docked there, because you can't get through the bridge with the boats that he has docked. The third comment, I guess it was Mr. Richter said that the bridge wasn't dropping. I wish he would explain to me how the water pipe is rising around the bridge. if the bridge isn't dropping. It is almost like you can believe what I say. SUPERVISOR COCHRAN: He did offer an invitation to come up to his office where he has a model. He can show you exactly what is causing—he claims it is not dropping, but what is causing that twisting. This thing seems to be twisting more than dropping, but I am going to see the model, because I haven't seen it. HAWK KUHN: Usually you have a model before you build a bridge. Once you got the bridge you don't need a model. SUPERVISOR COCHRAN: That's true. We needed the model this time because of the circumstances. Anyone else like to address the Town Board? Yes, ma'am? -- DONNA DZUGAS-SMITH: Donna Dzugas-Smith, Tuckers Lane, Southold. Actually I have three issues. The first thing I was wondering how the Board feels about citizen involvement, whether it be positive, negative, as far as coming up and speaking at hearings. It may not be something you want to hear sometimes. SUPERVISOR COCHRAN: We invite citizen participation. If you have an opinion, or a position, we certainly would hope that you would express it. DONNA DZUGAS-SMITH: I hope that kind of follows throughout the Town Hall in all departments, because something that does come to light when 1 bring this issue up is when someone comes, and talks here, or talks at another hearing in ZBA, or Planning Board or whatever; it does seem to be a backlash to the person. Okay? I mean in that if they bring up something that someone on that particular Board or someone in the Town Hall does not really want to hear or address for whatever reason, what happens is that person that brings up, all of sudden someone is looking at them, starts looking at their piece of land, starts looking at what can we find wrong with you, and very often it is about an issue of Code enforcement from the Town, and I think you making the moratorium is a great idea, if we are going to do something with it, and I think we have some great Town Codes if you follow them, and not selectively, and follow them across the Board, not because your name is Mr. X, and my name is Mrs. A, or Mrs. A doesn't mean as much as Mr. X in this town. It is a big issue, because if you are doing a moratorium, that was my main question, actually tonight was, we are now a month into a moratorium that you passed, what has happened in the first month of the moratorium? COUNCILMAN ROMANELLI : That was part of a discussion that we had today, that a month has passed, and the clock is ticking, and what has really happened is no concrete changes. We are still discussing and looking at consultants to help us with it. We discussed that today, how the clock is ticking. We are aware of that. We set a deadline for ourselves, and believe that everyone on this Board wants to meet that deadline. OCTOBER 13, 1998 DONNA DZUGAS-SMITH: I think, also, it brings creditability to you as a Board, to the Town,` if you see something in this moratorium, more than just what we see from the electric thing in that you pay a consultant to do something, and you find out what he is consulting you about is not exactly right. Some of the citizens are telling you. This is what is going to happen with the moratorium, you pay some consulting firms to da-de-da on 48, and then guess what? The nine months come and go, and not too much became of it. It is a definite concern. You have had citizens come to a number of Boards for the ZBA public hearings, for the Planning Board, and the public hearings here. There are many issues before you even brought the moratorium to our attention, they brought issues to you about zoning, zone violations, zone Code violations. Okay? And things that I brought to the Planning Board about use of something that is zoned business. They didn't exactly fit into what he was going to be putting up. Right after I start opening my mouth the Town starts coming after me about two sheds I have there, the setbacks are not exactly right. Okay? That doesn't give a citizen a good feeling. I am definitely a person that likes to follow the law. I am a person that looks in good favor upon the town. My point is, it is happening to other people, and that why you have a few less people here tonight. People that you normally have had attending lately. You know who they are. People that have been attending the Planning Board meetings, and the ZBA, that you. may not be aware of, they are now saying, you know what, let's throw in the towel, because no one is really listening, and when you do open your mouth, you know what happens? You get a phone call, and you get a letter from the Town Hall, guess what? Your house is for sale, and you don't have your sign fifteen feet back from the property line. That is what happened to someone today, because she brought attention to the Town Investigator a zone code thing that was going on, the Town Code that was not being followed to her side, her neighbor. So, . what happens to her? She gets pooh poohed. The next thing you know, she gets a phone call saying, guess what? Your house is for sale, and your for sale sign is not fifteen feet off the road. That is a little petty. SUPERVISOR COCHRAN: May I? I don't think the Building Department as they went along both the Main Road, 25, and 48, there was not selective enforcement. Everyone was listed' that had a violation, not just signs, but any violation that was visible has been recorded, and they have been getting appearance tickets. So, it wasn't picking out anyone in particular. DONNA DZUGAS-SMITH: It just happened to be ironic that she made a complaint today two properties in this Town Hall, and then she gets a reprimand. It was rotten timing, right after she has done that. SUPERVISOR COCHRAN: That is unfortunate, but they have been working their way down all last week, and this week. I think the first time, if I may, and I will stand corrected if I am wrong, but I think the first time that someone came up in compliance was long before you ever came into to speak to the Town Board. I think it goes back prior. DONNA DZUGAS-SMITH: Also, I did hand in a thing, and it was not addressed. The Building Department claims they are so over worked, and so it was not addressed, and it was a dropped issue, and then all of a sudden it became an issue again when I did start talking up. SUPERVISOR COCHRAN: Please do not feel one relates to the other, because the entire road was done, both roads, because when some are enforced, and say it is only the one person. Then we have the people come in, and complain that it is selective enforcement, that you are only doing it to me, you didn't do it to Joe down the road, and he is violating the same thing, so this time they went the whole length of both roads. DONNA DZUGAS-SMITH: There should be a lot of people getting notices. SUPERVISOR COCHRAN: There have been. DONNA DZUGAS-SMITH: The other thing in consideration, too, is the priority of violations. Okay? If you have a business operating in agricultural area, and they are really not a winery, they are not a farm, they really don't fit into that agricultural business. OCTOBER 13, 1996 SUPERVISOR COCHRAN: I believe those are being looked out, also. They are also they are being dealt with. It is not just signs, or realtor signs, or neon signs. It is every violation. DONNA DZUCAS-SMITH: That is good to hear, because as you make a moratorium, and whatever you are going to do with zonings, and everything else, you spend all your hard effort and time, and put everything in writing, but if you don't have someone helping you watch those people that don't like to follow the rules, while other people that want to follow the rules want to live in a town like this. SUPERVISOR COCHRAN: We are being firm, but fair, and we like to believe that we are being fair to all people. DONNA DZUCAS-SMITH: That's good. Then we should be seeing a lot of changes in a lot of areas. Hopefully they will comply. A lot of people that are not complying for their zoned use, then therefore they can not ask for a rezone at the time of the moratorium, if they have been illegally operating in the wrong zone. COUNCILMAN MOORE: That particular topic was a matter of discussion with our Code Enforcement this morning when he came in. The goal is to obtain compliance assuming that one could take certain steps, and actually comply. If you get a building permit, and a CO for the fence, or the shed, or the this, or the that, you can accomplish that, but he was expressly told today, don't think that someone who is actually operating out of his zone can come in with a zone change, or use variance application to the Zoning Board, or zoning to the Town Board, when they are clearly in violation. If there is any doubt in your mind, because there has been some real debate going on here at the public meetings the last several weeks, or couple of months now, about this supposed policy where if you come in with an application we will stop enforcement, and so to clear up any misunderstanding, what the Town Board felt was a policy was appropriate for Code Enforcement, that was cleared up, I think, abundantly clearly this morning. Just so you know. If that is the case you don't get to stop the wheels of enforcement against you by running in, and saying, I will go for a zone change instead. DONNA DZUCAS-SMITH: Okay. Moving on to get to get off that touchy subject. Something the way the paper is worded. It kind of came across very negative to me about the tax increase coming up, being over 50, and they had basically summarized that—Mrs. Cochran had expressed that it was due to closing cost for the landfill, and land preservation. SUPERVISOR COCHRAN: It is not over 5%, and I believe the Traveler reported that in error and corrected it. DONNA DZUCAS-SMITH: I am just saying, that if that is on the front page, and people, especially from out of town, because I had to notify all my neighbors when I did my public hearing, and people said, well, taxes just keep going up and it is because you are going to save land. It just didn't come across right. We have got to be careful, because I think that is a great resource, to save meadows and space. You have to careful the way that is said. I just want to make sure that kind of got. . Is the majority of that due to the closing of the landfill, and the preservation? The majority is still due to that? SUPERVISOR COCHRAN: I think the landfill costs amounted to 400. Both were almost around the 40o mark, because when you bond, when people vote to bond, for buying farmland development rights, you don't start paying for it the same year that you approve the bond issue. It usually comes down a whole full year later into almost two years away. So we have begun to pay the interest and the financial costs involved with the borrowing of the bond issue. DONNA DZUCAS-SMITH: I just hope it doesn't discourage any future referendum, because it is something that is very important. The other one is about the Landfill closing. Have we capped ourselves as how much it is going to cost us to close the landfill? COUNCILWOMAN H USS I E: There is a number out there that says, 5.8. OCTOBER 13; -1-998 DONNA DZUGAS-SMITH: Are we capped at that? COUNCILWOMAN HUSSIE: You can't say we can't spend anymore than that. We have to go out to bid to do the actual work, and then we are expecting about $2,000,000 from the State to help us pay for that, so that eventually it won't be quite as onerous. SUPERVISOR COCHRAN: It still is an increase. It is.mandated. DONNA DZUGAS-SMITH: It is bad, and one of my concerns is especially a starting farmer, new, compared to everyone else out here. You know, when I came out here. .first of all, I got my land at auction, which is great, but I bought all my equipment at auction. I bought my tractors, my equipment, and that. I didn't totally understand the bid process when you were renting the bulldozer, and the covering of the landfill. One hearing I thought you said you weren't going to go over $9,000 a month for a bulldozer, and I think the bid ended up going over that? COUNCILWOMAN HUSSIE: No, we didn't go over it. It was a question about the repairs on it. That was the only question that arose, and I think that has been solved. The repairs. are going to be done by the owner. DONNA DZUGAS-SMITH: We are pretty sure about how long we are going to need that, so that we don't go over too many month rental things. It would be cheaper to do it that way. COUNCILWOMAN HUSSIE: We did the math on that, because it is cheaper to rent it for the few months we need it, than to buy it, and then sell it back or something like that, and we will only need, ,it until the time comes when we actually bid the job out. We are not going to do that, and I certainly hope that we are going to be able to let one person be responsible for the whole thing. Do one bid. DONNA DZUGAS-SMITH: It may sound petty, but every dollar we save keeps our taxes lower, and I know there are municipalities, and school districts, and that, that get on the Federal list, and State list, and they can actually buy like ,surplus equipment. SUPERVISOR COCHRAN: You buy it through the State, many things, whatever is available,, be it cars, vehicles. COUNCILWOMAN HUSSIE: I check the Net every Monday morning for the State auctions, not auctions, the things they have for sale. DONNA DZUGAS-SMITH: You can buy through State contracts. COUNCILWOMAN HUSSIE: The contract is one thing, but then there is also surplus material, too. They don't always have what we want, though. DONNA DZUGAS-SMITH: I would like to see Southold affordable to everybody, that's all. SUPERVISOR COCHRAN: We certainly are trying. Anyone else like to address the Town Board? (No response.) If not, before I call for a motion to adjourn I would like to express on behalf of the Town Board our condolences to Senator LaValle. His Mom passed away, and we send our best to him and his family. May I have a motion to adjourn? Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:48 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. Eliz eth A. Nevil e Southold Town Clerk