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HomeMy WebLinkAboutTB-07/06/1999 228 SOUTHOLD TOWN BOARD J U LY 6, 1999 WORK SESSION 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. 9:10 A.M. - The Board began with the review of IV. For Discussion Items: IV. 1. Peconic Land Trust Agreement (See Resolution No. 13). IV. 2. Building widths for examination by code committee. This will be held until such time until we hear from Cramer Consultants on the. County Route 48 Study. IV. 3. Local Law regarding Greenhouses. Distinguish between retail and wholesale, site plan will be required for retail, but not for agriculture use. The Town Attorney will re-write this local law. IV. 4. Home Occupations Review. The Board agreed that there should be no change. IV. 5. Real Estate Signs. Councilman Moore said that a request had been received to change the wording to take out "remove immediately upon". The Town Board agreed that it should -be left in. IV. 6. Community Preservation Fund Exemptions. It must be a working farm in order to be exempt. The parcel must already be in the agriculture program. You must make a commitment to agriculture. Town Attorney Yakaboski to check with other towns to see if this matter has come up yet. 9:45 A.M. - The Board took a short break at this time. 10:10 A.M. - Supervisor Cochran advised that due to today's power outages on Long Island, LIPA called and cancelled their 3:00 P.M. appointment. James Bunchuck Solid Waste Coordinator was called and asked to come in this morning in place of his 1 :30 P.M. appointment. 10:10 A.K. Appointment - James Bunchuck, Solid Waste Coordinator and John Cushman, Town Comptroller appeared before the Town Board with regard to the procurement policy. Mr. Bunchuck explained that there are times when they need to buy things that they can't wait for the turn-around time on the purchase order process. If it occurs on a week-end, he tries to contact Jean or Bill for approval. It does not happen very often, but it happened this past week-end: A, discussion was held and it was recommended that he .use his petty cash fund. An increase in the Improvements for the Solid Waste Management District Bond from $40,000.00 -to $50,000.00 was discussed in order to complete the office trailer. A resolution was placed on the agenda to set a date for public hearing for August 3, 1999 at 5:00 P.M. (See Resolution No. 14). Mr. Bunchuck explained that it is 200 feet to the septic line. The Suffolk County Health Department now .says that they don't like it and that it must be a separate line. He will try to talk them out of it. 10:26 a:m. - The Town Board reviewed resolution numbers 1 through 14 to be voted upon at the 7:30 P.M. meeting. Work Session ended at 10:35 A.M. SOUTHOLD TOWN BOARD JULY 6, 1999 2 2 _9 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on .July 6, 1999, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for July 6, 1999? Moved by Councilman 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 $107,820.07; General Fund Part Town bills in the amount of $11,408.48; Highway Fund Whole Town bills in the amount of $41,410.39; Highway Fund Part Town bills in the amount of $1,460.00; Ag Land Development Rights in the amount of $1,460.00; Landfill Equipment/Scale HousL- bills in the amount of $43,000.00; Open Space Capital Fund bills in the amount of $982.50; Computer System Upgrade bills in the amount of $7,501 .94; Employee Health Benefit Plan bills in the amount of $5,356.00; E-W Fire Protection District bills in the amount of $204,782.96; Fishers Island Ferry District bills in the amount of $10,827.71; Refuse & Garbage District bills in the amount of $12,130.58; Southold Wastewater District bills in the amount of $860.84; Fishers Island Ferry .District bills in the amount of $260.99. 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 June 22, 1999, Town Board meeting? Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the minutes of the June 22, 1999 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: To set the date .for a Special Town Board meeting July 15, 1999, at 4:30 P.M. Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that a- Special Meeting of the Southold Town Board will be held at 4:30 P.M., Thursday, July 15, 1999, 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. 2. '3 .0 JULY 6, 1999 SOUTHOLD TOWN BOARD SUPERVISOR COCHRAN: This is in relation to the DEIS that we will receiving from Cramer for the moratorium. What we are doing, I would just like to share this with the viewers that watch our Board meetings, but what we are going to do, what we have done we have rented a bus, and we are going to be taking the, .bus trip from one end to the other of the moratorium area. He will present it to us as we can see and feel what is along the route up here. We will be inviting many of the organizations and groups that are interested, be it the North Fork Environmental Council, be it Presidents of the Chambers, be it the Businessman's Alliance, and we would ask the cooperation of all these groups that call my office and propose one representative from your group at this time, because we certainly can't rent forty buses with only one man, that is able to give us the information, so we ask for your cooperation, but it is going to be like a field trip. The press, of course, will be a part of it, so they can report to you. Setting the next regular Town Board meeting July 20, 1999, at 7:30 P.M.? Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, July 20, 1999, 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: Every once in a while as Board members we have a lot of work to do, and we try to do the best we can, but every once in a while we have a fun kind of thing that we do, and thanks to our Transportation Committee they thought it would be a fine idea to have a bicycle safety kind of contest, and I would like to introduce the Chairman of the Transportation Committee, Neb Brashich, Margaret Brown is a member of that committee. Thank you, Margaret. Do we have anyone else from your committee here? NEB BRASHICH: There were three judges, Supervisor, Margaret Brown, Victor Brown, and myself. I think I would like to very quickly stress, this is a very unique program for the town. Essentially it involved both the public and private sectors cooperating. Allstate Insurance and the Town gave us two grants, and two companies in town, the Bike Stop in Creenport, and Country. Time Cycle in Mattituck provided the prizes. The grants provided little flashing things, which would be attached to either a bicycle or a piece of clothing, and 750 children in grades through six participated in the contest throughout the schools. There were 200 semi-finalist, and our committee spent about fifteen hours going through those submissions and we came out the six winners. There were four girls, and two boys who have won prizes. We will start with the first division, which is a division of grade one to three, • and the Supervisor thought it would be a good idea for each winner to read their essay, and then you will be televised, and all your friends will see you. The first prize in the first division was won by Sarah Rose Hallock. Congratulations, Sarah. Would you like to read your essay. No? Why don't I read it for you. Sarah Rose says there are lots of ways I can be a safe bicycle rider. I always wear a helmet because my mommy says my head is precious and you can't buy a new head. When I ride my bike I always look out for cars, people, and my cat, Sadie, because she likes to come with us. I stay to the right, and if a car comes I stop my bike and wait for it to pass. never do tricks on my bike, and I always hold on to both handlebars. I have lots of reflectors on my bike but I am not old enough to ride my bike at night yet. I always ride my bike with a grownup. 1 will also teach my little brother, Brian, how to be a safe bicycle rider. The End. I will tell you that the comments that .,you .want to 'teach your brother made it possible for you to win the prize and bicycle. We have also from the Bike Stop, Linda Ruroede, who hats donated the bicycle for the prize right here. SUPERVISOR COCHRAN: Linda, this is a certificate of recognition presented to you from the Town Board in being a good supporter of young people, and providing a bicycle, and to congratulate you.. LINDA RUROEDE: Thank yoga. SOUTHOLD TOWN SOARD JULY 6, 1999 2 ,3 1. NEB BRASHICH: The second prize was won by Jeremy Stevens. Is Jeremy here? The third prize was won by Rebecca Rothman. Rebecca, are you going to read this? No? Let me read it then. I can be a safe bicycle rider by always wearing a helmet, so if I fall off my bike I won't crack my head open. I should ride my bike on. the sidewalk, but where I live there are no sidewalks so I ride on 'the right side of the road with the traffic. I follow all traffic signs to keep me safe. At red lights I stop. At yellow lights slow down and at green lights I look left, right, left and go if it is clear.. I use my hand signals, when I turn. I cross at a crosswalk. At night if I ride my bike I wear bright colors and have reflectors so I don't blend in with the night. Be a safe bike rider. SUPERVISOR COCHRAN: While you are up here we would also like to present to you for taking part in the contest, and providing for the community safe bicycling, and, this is a certificate of recognition, and thank you for participating. NEB BRASHICH: There: was some opinion about a name, and our first prize winner in grades four to six, the committee who evaluated this looked at the name, and said, Tyler, and we were all convinced he was a boy, and to and behold, when we got the telephone call reminding us to be careful what we think is the right thing, so finally Tyler is a girl. Tyler Blangiardo won first prize. Are you going to read yours? TYLER BLANGIARDO: The world of bicycles has many rules that are intended to keep you and many others from harm. Three basic rules are to look in all directions at intersections and corners, keep alert of horns, blinkers, traffic lights ' and signs, and finally, to wear protective gear, such as helmets and reflectors. These rules have: saved lives and could salvage yours as well. Look in all directions when you are riding your bike. Cars and trucks may not see you, so it' is best to be aware of them. Many have died because of their ignorance. Please look before making your next move. It could be a life or death situation. Being attentive and alert to your surroundings is a major rule of the road. Watching for potholes, blinkers and signs will guide you on your trip. Potholes may disturb your bike's path and lead to cuts - and injuries so be aware of them. Car blinkers will give you hints that a parked car is on and may be turning. Another hint that a parked car is running is smoke coming from the exhaust pipe. Signs can tell you of many dangers 'like construction, deer and closed off areas. Simple clues in your surroundings can help you often. Wearing reflective clothing will make it easier for night drivers to see you. Reflectors on your bike add to this protection. Other forms of safety are wearing helmets and pads. It would be a much less tragic circumstance for your helmet to break rather than your skull. Take I this advice into consideration. It may prove itself very useful someday as some find out the hard way. As they always say, a safe biker is a happy driver. Good luck. NEB BRASHICH: The second prize was won by Jacob Sisson. Is Jacob here? Congratulations, . Jacob. I am sure you will read yours. No? Okay. How and why be safe on a bike by Jacob Sisson. One, wear a helmet. This simple piece of padding can help to save your life if you are ever caught in a crash. A helmet is made to collapse and in doing so protects your skull. The collapsing of the helmet absorbs the shock of the impact and keeps your head from being crashed. But remember, it is not a . good idea to put your head into an oncoming car as a helmet can not absorb all impacts. Two, make sure your bike is in good working condition. A good working bike is a good factor in keeping you safe. A faulty bike can cause you to lose control. Even the slightest miscue, like a spoke being dislodged, could have a drastic effect on your control status. If you lose control on your bike ,in, let's say, an intersection, you can be seriously injured by an oncoming car. Three, make drivers notice you. One way to do this is to wear reflective strips, vests or taping on your body and reflectors on your bike. A horn is also recommended on your bike so you can alert any driver that does not see you. Keep in mind that almost all of. the time a driver does not see you and does not know that you are there. Think that the driver could do anything at, any time and you have to be ready. Over 500,000 people either die or are seriously injured by being hit by cars, most because they are not paying attention. They are not looking at what is happening in their peripheral vision or even right in front of them. Your peripheral vision is one of the most important things that you .2 3 2 JULY 6, 1999 SOUTHOLD TOWN BOARD have to pay attention to. It is where you see what is happening on either side of you without turning your head. This is where you can see the cars that could be coming out of a driveway or turning out of the parking space they are parked in. Prevention of accidents .is easy when you .know what you are doing in terms of bike safety. Congratulations. One more prize was won by Kevin Rishe. SUPERVISOR COCHRAN: Mr. Brown is not here. NEB BRASHICH: I don't see him. Would you like to make your presentation, and I will make sure he gets it? SUPERVISOR COCHRAN: I would just as soon be able to present it to him at one point, Neb. What this is, is a proclamation to Victor Brown, who has served for, I guess, since 1991 on the Transportation Committee, and he has brought a great deal of knowledge and information to committee, and this is a proclamation to be presented to him on behalf of the Town Board for his service to the community, but I kind of would like to present it personally, but the record now shows that three cheers for Victor Brown. We will continue with the Board meeting. I. REPORTS. SUPERVISOR COCHRAN: As you know each month committees and departments give to. the Town Board reports as to the operations in their particular committee or department. The only one on this month at this time is Scavenger Waste, probably, because of the holiday, but they are public information. They are in file in the, Town Clerk's Office, and please feel free if there is ever anything on here you are interested in you may come in and request that information. 1 . Southold Scavenger Waste Monthly Carters Report for June, 1999. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Public notices are listed. 1 . New York State Department of Environmental Conservation Notice of Complete Application of Suffolk County Water Authority to discharge backwash from an iron removal system on the south side of Sound Avenue, west of Cox Neck Road, Laurel. Written comments to be received by July 30, 1999. . 2. New York State Department of Environmental Conservation Notice of Complete Application of William Ackerman to install a well with a submersible pump for the purpose of irrigating a vineyard east of Elijah's Lane and south of Route 48 in Cutchogue, Southold. Written comments by July 17, 1999. 3. New York State Department of Transportation Notice of Restricted Highways, Route 25 from LIRR Overpass to Marratooka Avenue, Laurel and Mattituck, Town of Southold, due to reconstruction. Designation to expire on November 30, 1999. 4. U.S. Army Corp of Engineers New York District Notice of Application of Charles Rodin to install a pier assembly in East Creek, Little Peconic Bay, Cutchogue, Town of Southold. Written Comments by July 28, 1999. III. COMMUNICATIONS. None. IV.. PUBLIC HEARINGS., 1.. 5:00 P.M., on, the Stacy ' A. and .Michael J. Sheppard proposal for a zone changes. 2. 5:05 P.M., on :'the acceptance of the. offer of the Margaret- Ciacia property. SOUTHOLD TOWN`BOMW JULY 6, 1999 1 .-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold accepts, with regrets, the resignation of Tara Smith from her position of data entry operator, effective immediately. 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 Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Dzenkowski to attend the New York State Police Juvenile Officers Association Annual Training Conference at Ithaca, New York,, from August 29, 1999 through September 3, 1999, and all expenses for registration fee of $145.00, lodging (including some meals) in the amount of $475.00, travel expenses and additional meal costs of approximately $100.00, a total of .$720.00 shall be a legal charge tot he Juvenile Aid Bureau 1999 budget. 2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold appoint the following 1999 summer staff as follows: LIFEGUARDS Joyce Dumas (3rd year) $8.00/hour Kim Hespos (4th year) $8.25/hour Christina Kamarko (1st year) $7.50/hour 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 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 1999 budget as follows: To: A.1010.4.500.500 Town Board, C.E. Fee for services, non-employee Planning Consultants $ 34,000.00 From• A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 34,000.00 4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice• Evans, Councilwoman Hussie; Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town • Board of the Town of Southold hereby modifies the East-West Greenport Fire Protection District 1999 budget as follows: To: SF.3410.4.400.100 Fire Protection Contract $79,935.00 From• SF.1989.4.100.100 Funded Deficit, C.E. $10,935.00 SF.9010.8.000.00 Fireman's Service Awards 69,000.00 5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 234 JULY 6, 1999 SOUTHOLD TOWN BOARD 6.- Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Wall as a Seasonal Laborer for the Solid Waste District at a salary of $8.25 per hour, effective immediately and for a period not to exceed Labor Day, September '6, 1999. 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 Murphy, it was RESOLVED that ' the Town Board of the Town of Southold hereby authorizes and directs Island Group Administration, Inc. to pay medical bills of town employees John Boufis, Elizabeth Neville, and Georgia Rudder, which bills were submitted by provider more than 90 days after the services were rendered. 7.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts with regrets the resignation of Robert G. Kassner as a Member of the Southold Town Landmark Preservation Commission, effective July 19, 1999. 8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of- Southold hereby authorizes an expenditure not to exceed $350.00 for expenses incurred by individuals from the New York State Department of Motor Vehicles to travel to Fishers Island to process the renewal of drivers licenses for Fishers Island residents. 9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby AMENDS RESOLUTION NO. 31 of the JUNE 8, 1999 Town Board Meeting to amend the salary as follows: RESOLVED that the Town Board of. the Town of Southold hereby appoints Gregory Schweitzer to the position of Scale Operator at the Southold Town Landfill, at a salary of $13.41 .per hour, . effective June 8, 1999. 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 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 1999 .budget as follows: Revenues: A.2705.40 Gifts E Donations Other Donations $ 185.00 Appropriations: A.5182.2.500.500 Street Lighting, Equipment $ 185.00 Other Equipment Street,Light Fixtures 11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, . Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. m SOUTHOLD TOWN BOARb JULY 6, 1999 L 3 5 12.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of. the Town of Southold hereby modifies the General Fund Whole Town 1999 budget as follows: To: A.1910.4.300.800 Insurance, Small Claims $500.00 From:. A.6772.4.600.300 Human Services, Miscellaneous $500.00 Travel Reimbursement 12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, 'Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 13.-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 the Peconic Land Trust to assist the Town in identifying and implementing preservation programs to acquire development rights to agricultural lands, fee interest to open space and other lands; the Community Preservation Project Plan; and other planning, acquisition, and negotiation services, all in accordance with the approval of the Town Attorney. 13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. COUNCILMAN MOORE: I am really glad. We have. worked very well in the past with them, and I hope we can continue to do so 14.-Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town" , respectively) , in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town . (herein called"District") , has determined to increase and improve the facilities 'of the District, consisting of (i) construction of a new scale house at the estimated maximum cost of $40, 000 and (ii) acquisition of various equipment at the estimated maximum cost of .$160, 000; and WHEREAS. after a public hearing duly called and held 'on November 12 , 1997, the Town Board of the Town determined pursuant to the Resolution and Order After Public Hearing duly adopted on November 12, 1957 , that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $200,000; and WHEREAS, due to increased costs of materials and labor F. for the construction of such scale house, the estimated maximum cost thereof has increased by the amount of $10,000 to $60,000 and the estimated total cost of said increase and improvement of. facilities is now $210, 000, and it is necessary and desirable and in the public interest and .the best interest of said Town to increase the total appropriation therefor by said amount of $10, 000, from $200, 000 to $210, 000; and WHEREAS, 'said '$210, 000 total;:-:estimated cost shall consist of (i) the construction of a new scale house at the estimated maximum cost of $50,000, such additional amount to be paid by the expenditure of $10, 000 from available funds of the Districts and (ii) acquisition .of various equipment at the estimated maximum cost of $160,000; 2 6 JULY 6, 1999 SOUTHOLD TOWN BOARD Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd-day of August 1999 at 5:00 o'clock P.M. (Prevailing Time) to consider said increased cost to the increase and improvement of facilities and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in "THE SUFFOLK .TIMES, " a newspaper hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the- Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: July 6, 1999 TOWN BOARD OF THE TOWN OF SOUTHOLD 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 Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, the Town Board of the Town of Southold, as lead agency, has determined that the proposed action of Stacy 8 Michael Sheppard 'for a change of zone from Light Industrial (LI) to Low Density Residential (R-40) district on certain property located at the south side of New Suffolk Avenue and west side of Airway Drive, Mattituck, New York, (S'CTM#1000-115-9.5.1) will not have a significant effect on the environment and that a Draft Environmental 'Impact Statement need not be prepared; and be it FURTHER RESOLVED that this determination is issued in full consideration of the Criteria for Determination of Significance contained in 6NYCRR part 617.11, the long Environmental Assessment Forms Part I, II and the following specific reasons: 1. The Town of Southold Planning Board reviewed the subject application and made a determination in favor of the proposed zone change for the following reasons: with the exception of the airport, the .surrounding, area is zoned Residential R-80 and R-40, therefore this zone change would be in keeping with the zoning in the area. 2. The Suffolk County Department of Planning reviewed the subject application and considered. it to be a matter for local determination as there is no apparent significant impact countywide or inter-community impacts. 3. The proposed action will not set a significant precedent, as it represents a unique scenario. 4. The existing zone is Light industrial (LI) which has a maximum potential development of commercial and industrial uses. The proposed action would alter the zone from a more intensive zone to a less intensive zone therefore having none or if any, a positive impact on the environment. 5. The proposed action would be more in keeping with the surrounding zone districts save for the existing airport zoned.Light Industrial (LI). 6. Proposed project is not .of significant magnitude or impact to warrant the preparation of a Draft EIS and will.not cause a significant burden on natural or community resources. SOUTHOLD TOWN'BOA." DULY 6, 1999 237 FURTHER RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration pursuant to Part 617 of Article 8 (State Environmental Quality Review) of the Environmental Conservation Law ("SEQRA") for the proposed change of zone by the applicants Stacy A. 8 Michael J. Sheppard. 15.-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: May I have a motion to recess? Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that a recess be called at this time, 5:00 P. M., for the purpose of holding a public hearing. . Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Reconvened at 5:04 P.M. 16.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by Stacy A. E Michael J. Sheppard requesting a change, modification and amendment - of the Building Zone Ordinance including .the Building Zone Maps made a part thereof by changing from Light Industrial (LI) District to Residential (R-40) District, the property described in said petition, and WHEREAS, said petition was duly referred to the Town Planning Board and the Suffolk County Planning Board for investigation, recommendation and report, and the reports having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the 6th day of July, 1999, and due deliberation having been had thereon NOW, THEREFORE BE IT RESOLVED, that the 1 .2 acre parcel located at the south side of New Suffolk Avenue and the west side of Airway Drive, Mattituck, New York, owned by applicants Stacy A. & Michael J. Sheppard (Suffolk County Tax map number 1000-115-9.5.1) is hereby rezoned from Light Industrial (LI) District to Residential (R-40) District. 16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was .duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:05 P. M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17.-Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Margaret Ciacia, . Conservatee, by John Faulkner, Conservator have offered to sell property to the Town of Southold under the Open Space Program; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the acquisition of the Ciacia property on the 6th day of July, 1999, pursuant. to .the provisions of Chapter 59, Open Space Preservation, of, the Code of the Town�of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town ' Board deems it in the public interest that the Town of Southold acquire the Ciacia property; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the property of Ciacia, described as, follows:- Suffolk County Tax Map No. 1000-45-1-10, comprising approximately 8 acres, located on the northwest corner of Main Road and Chapel Lane, Arshamomaque, Southold, New York, at a cost of $72,000.00; and be it 238 JULY 6, 1999 SOUTHOLD TOWN BOARD FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized to execute any and all required documents required for the acquisition of the aforesaid property. 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: The Town just bought themselves a very valuable piece of property. That is it as far as public hearings are concerned, and we have finished the resolutions, so we will go to the part of the meeting where if anyone in the audience has anything they would like to share with the Town Board, please, feel free at this time. Yes, sir? DICK LESSER: Dick Lesser of Creenport. I wasn't available when you had the discussions .on the 30th because health becomes more valuable than welfare. I went to the hospital. It is just an appointment, but I had to make it, and since I just saw that you had a discussion on it on the 30th, if there is anything you wish to ask me about it, about this resolution that I want changed I would be glad to talk. COUNCILMAN MOORE: We did talk abut it in the Code Committee. The Code Committee to be honest with said, no recommended change could be made to the Code on that language, and that was discussed on the Work Session this morning, and presented to the Town Board. That restriction is there for a couple of reasons, one is which of their concern that retail trade end up happening on residential property. DICK LESSER: What is wrong with that? Then if that is the case and it is law, why isn't the Police Department not doing it's duty, and ticketing everybody that anywhere from a car to a box of strawberries, to box of tomatoes, to straw, wood, it being sold out of the house illegally. COUNCILMAN MOORE: I don't know if that is case. I think the Code Enforcement is difference as to what activities. We have a farm stand law for example. They allowed to sell from their homes certain products. If there are complaints about illegal sales going on. I am familiar that have made complaints, and Code Enforcement Officer has gone down there and stopped people from selling anything from manufactured , Adirondack furniture out of the garage, wishing wells, and the like. So, when the Code Enforcement Officer is made aware of it, it can be enforced then. DICK LESSER: In other words if it is not. . how about cars? COUNCILMAN MOORE: I don't know—selling a car from your home does not constitute. . DICK LESSER: Just go up and down 48 or 25. COUNCILMAN MOORE: Selling a car from your home does not constitute a home occupation. In fact there are separate problems when people sell more than X number of cars on a piece of property. They are considered dealers, and there is a problem there, but the casual sale of one car from their home does not constitute, in my opinion or understanding of that law, a home occupation. The person is not in the business of selling cars from their property. That is the casual seller of an extra Sunfish, or a rowboat, or what have you. COUNCILWOMAN HUSSIE: The other part of it, also, that we considered was it says you can not store any of the products on the property. DICK LESSER: That is the second half of the 28. COUNCILWOMAN HUSS:IE: That is right, and in that case if we were to take that. out, plumbers could have pipe all' over the place, and painters could have anything there. DICK LESSER: You don't want me to get into that. I know people that do exactly what you just said. SOUTHOLD TOWN''BOA" JULY 6, 1999 COUNCILWOMAN HUSSIE: Really? Have you mentioned that to the Code Enforcement Officer? DICK LESSER: Of course not. I am not a squealer. I know people that do that exactly, and to me it falls under the category of selling out of your house, and I don't care what it is whether it is, like I said, strawberries, a bail of hay, or a cord of wood, if it is on your front lawn you are selling out of your house, and if that is the way the law reads, it is not interpreted that way, and Councilman Moore just told me, but that is what the law reads, and if it is enforceable it should be rescinded. Thank you. I will see you again. SUPERVISOR COCHRAN: Is there anyone else present that has anything they would like to share or ask? JACK WILLIAMS: Jack Williams from East Marion. It is almost too hot to bother to ask the question, but what are you doing with the Jones report, hatching it? SUPERVISOR COCHRAN: I don't cluck either. No. It has not come for our review yet, sir. Anyone else like to speak to the Town Board? (No response.) I am not going to call for reports. It is terribly hot up here. I would .just like to bring your attention to the fact that we have not only at different boat ramps in town, but the town is doing and has part of a campaign for jet ski safety. Detective Dzenkoski is handling it, and these have been posted in many places where jet skiers use any of ramps, so it gives the watercraft safety regulations, and hopefully that we have safe summer as far as jet skis are concerned. Also, we have some safety tips from the Weather Bureau in relation to the weather.. We closed early today, because we are cooperating with LIPA, and as many businesses and most of the municipalities throughout Suffolk were shut down a. little early, but it says, slow down, reduce or eliminate strenuous activities. I don't think anyone has to tell me that. Dress for summer. Wear light clothes, eat less, drink more fluids, and not alcoholic beverages, and spend more time in air conditioned places, and don't get too much sun, and don't forget about your pets also, because they struggle through the heat. So, it is a hot one. I think. we are ready to go home, and I thank you for joining us. The only other thing I would like to say is LIPA was going to come in today. and meet with us on the towers that they would plan to string through here, and they are all tied up with this weather emergency, so they canceled our 3:00 o'clock appointment, but I spoke with the gentleman, and he expects to be able to be with us in two weeks, so they will be coming in to report on exactly what they are planning on doing. COUNCILMAN ROMANELLI : I just want to say for the TV viewing audience Monday night is the public hearing, or the informational hearing on the pool, on the Family Activity Center 7:00 o'clock right here, so please come. SUPERVISOR COCHRAN: Thank you for joining us. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:17 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. Gcd�"_Y Eliziffieth A. Neville Southold Town Clerk 6