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HomeMy WebLinkAboutTB-08/17/1999 .:278 8 SOUTHOLD TOWN BOARD AUGUST 17, 1999 WORK SESSION Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie, Justice Louisa P. Evans, Councilman William D. Moore, Councilman John M. Romanelli, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9:00 A.M. Appointment - James Bunchuck Solid Waste Coordinator appeared before the Town Board to bring to their attention the opportunity to acquire some fill to be used in the landfill capping. It is a mixture of 25% to 30% wood and the rest is dirt. This material has come from various excavations, it was left over from the Southampton Landfill 'capping. Dvirka Bartilucci and the NYS DEC say is it suitable. It is a cleaner mixture of C .8 D. It is currently stored at George's Sanitation at Quogue. The income to .the Town would come from Terry Contracting who will deliver it to our landfill and pay the Town $8.00 per cubic yard for 5,000 cubic yards, $40,000.00. Councilwoman Hussie questioned where it will be stored. Mr. Bunchuck replied that it will be laid right into the lagoons. The last layer was glass sand and it is supposed to be layered alternately. There is a letter of approval from the NYS DEC. We have a good record of the fill that went in there, so we won't have any problem with the DEC saying that we are mining when we go to take it out of there. Two to four truck loads a day will be delivered which will be manageable for them. they will be able to inspect the material to be sure that it is the proper mixture that they are supposed to be receiving. If at any time anything comes in that doesn't meet our requirements, they will have to remove it at their expense. Supervisor Cochran asked Mr. Bunchuck if he had any idea of the overall cost of the storm on the Sunday before last, August 8th. He estimated that the amount of the brush taken in to date has been over 750 tons by both residents and the highway department. The total for the month of July was 350 tons. In one week. after the storm, the amount was doubled. Supervisor Cochran asked him to work up an estimate of the dollar amount of the cost of equipment, manpower, and tipping fees because they are going to try to get some of the money back through the County. Their criteria is pretty stiff though, they say that you have to have 40% damage to your house and no insurance in order to collect from the County. Justice Louisa Evans suggested trying other levels such as the state or federal for funding. 9:30 A.M. Appointment - Donald Stanton, Kenney's Beach Civic Association appeared before the Town Board with .regard to the Southold Erosion Mitigation Project. Mr. Stanton began by . recounting the results of the last two meetings which were the most crucial ones. The proposal was responded to by the people to the east and west of the jetty. There is now a level of consensus that the beach to the east should be replenished and maintained. There is still some contention as to whether or not there should be any modification of the jetty. Kenney's Beach east say it could be modified, but the jetty should be maintained. At their last meeting in June the committee agreed on beach t. nourishment, and on beginning the GEIS SEQRA process. They also agreed that there should be a modelling effort to ascertain what the effect would be to modify east and west of the jetty. If modified, it is very important to take the uncertainty out of it. This computer modelling by New York State would put them on the hook for it. They have promised that they would continue to monitor the project and that they would not abandon it. Mr. Stanton stated that they hired two experts to support their positions. Dr. Tim Carner and Dr. Tom White, supposedly leading experts on shorefront long terra transport of sand. Under the FEMA program, if you have an engineered beach and a catastrophe occurs, there is 'FEMk funding for it. Mr. Stanton contacted them on line and they sent him an e-mail with the criteria for, an engineered beach. Once the beach is engineered and maintained, there will be insurance from FEMA and assurance from the NYS DEC that they will stay with us. It was agreed that the GEIS should be started at the June 22, 1999 Town Board meeting. SOUTHOLD TOWN BOARD AUGUST 17, 1999 2 18 „9 i Councilman Moore questioned if there ,was funding for the GEIS. At this time there is, not. However, once the Local Waterfront Revitalization Plan for the Town of Southold is completed, all sources of funding will become available. Mr. Stanton said that the Department of State is also asking for a resolution for the submission of a grant application for EFP funds and a resolution to support the modelling and borrowing area analysis. The deadline for the submission of the grant is tomorrow, August 18, 1999. There was confusion as to whether or not funding was supposed to be in Senator Kenneth LaValle's budget. It was thought that he was supposed to* put in $300,000.00 as a member item in his budget.When they were called to ask how the item made out in his budget, they said that they couldn't find any request for funds. The grant application will be completed by Councilman ' Moore and sent by Federal Express and also hand-delivered by Supervisor Cochran in Albany on August 18th. (Authorization to submit this application was already covered by Resolution 8 of the August 3, 1999 meeting.) 10:05 A.M. - The Town Board reviewed IV. For Discussion Items as follows: IV. 1. YMCA Feasibility Study. Resolution Numbers 8 .8 9 have already been placed on the agenda to. support both the YMCA Study and the Ice skating Rink. IV. 2. Promotion of Barbara Rudder. This is upon recommendation of Accounting Department Head John Cushman, it was agreed to let him post it and move forward. IV. 3. Landmark Preservation Commission Interviews to be set-up. IV. 4.- SEQR Findings Statement for the County Route 48 Corridor Land Use Study. Councilman Moore explained that this is for Mr. Cramer's general recommendations only. It is only an environmental framework of what additional type of SEQR review are required. There will be no resolution on this at this meeting. The Town Board .must have time to read and digest it first. IV. 5. Towing Guidelines and Rates-J Town Attorney to do Local Law for this. IV. 6. Proposed bond resolution for open space development rights preservation. The Town Board set the date of August 23, 1999, Monday, at 9:00 A.M.for a Special Meeting for the purpose of this bond issue, the SEQRA Findings Statement, and possibly setting dates for public hearings on zone and code changes. IV. 7 . Request for parking permission for 9th Anniversary of the re-lighting of Bug Light. (See Resolution No. 13). . IV. 8. Proposed bond resolution for protection of and access to Southold waterways. This will be addressed together with the open space bond at the August 23, 1999 Special Meeting. 10:35 P.M. - The Town Board. reviewed Resolution Numbers 1 through 14 to be voted upon at the 7:30 P.M. regular meeting, with the exception of No. 11 which will be discussed in Executive Session. (NFAWL Contract). Supervisor Cochran asked Councilman Romanelli to report on the Census 2000. Councilman Romanelli advised that the "Complete Count Committee" will be coming to our .August 31st work session. They are asking for volunteers. If they don't get them, then they are going to have to hire people to do it. Supervisor Cochran advised the Board that Retirement Incentives are available again this year. However, it was decided last year that no early retirements would be offered for three years. The Board agreed that this should be adhered to and no early retirements be offered this year. On motion by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold enter into Executive Session at 11:10 A.M. for the purpose of discussing contract negotiations,' litigation, and personnel. Vote of the Town Board: Ayes: Councilman Moore, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran'. Also present Town Clerk Elizabeth A. Neville, Town Attorney Gregory Yakaboski. The Town Board recessed for a break at this .time. Executive Session continued at 11 :40 A.M. until 12:50 P.M. at which time they recessed for lunch. Supervisor Cochran left the room at 12:40 P.M. before the discussion on Police Chief contract. The Town Board reconvened their work session at 1 :30 P.M. for their continued review of the County Route 48 Recommendation Discussion. 9 0 AUGUST 17, 1999 SOUTHOLD TOWN BOARD REGULAR MEETING A Regular Meeting of the Southold Town Board was held on August 17, 1999, 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 Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Councilman Brian G. Murphy SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for August 17, 1999? Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town in' the amount of $84,898.66; General Fund Part Town in the amount of $7,004.51; Highway Fund Whole Town bills in the amount of $5,932.53; Highway Fund Part Town bills in the amount of $9,004.20; Ag Land Development Rights bills in the amount of $342.30; Landfill Cap and Closure bills in the amount of $3,800.00; Open Space Capital Fund in the amount of $455.00; Fishers Island Ferry District bills in the amount of $70,406.84; Refuse and Garbage District. bills in the amount of $58,955.94; Southold Wastewater District bills in the amount of $12,449.34; Fishers Island Sewer District bills in the amount of $3,754.98; Southold Agency E Trust bills in the in the $9,524.26; Fishers Island Ferry District bills in the amount of $625.18. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of minutes of August 3, 1999, Town Board meeting? Moved by Councilman Hussie, seconded by Justice Evans, it was RESOLVED that the minutes of the August 3, 1999, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of the minutes for August 11, 1999, Fishers Island Town Board meeting. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the August 11, 1999, Fishers Island Town . Board meeting be and hereby are approved. Vote of the Town_ Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set a Special Meeting August 23, 1999, at 9:00 A.M.? Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that a Special Meeting of the Southold Town Board will be held at 9.00 A.M., Monday., August 23, 1999, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SOUTHOLD TOWN BOARD AUGUST 17, 1999 ;2 '.9 `' SUPERVISOR COCHRAN: Setting the next regular Town Board meeting August 31, 1999, at 4:30 P.M. Moved by Councilman Romanelli, 'seconded by Justice Evans, it was RESOLVED that the . •next meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, August 31, 1999, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I . REPORTS. SUPERVISOR COCHRAN: Reports are filed monthly to the Town Clerk. They are public information. If there is anything you see in a monthly report, . either departments or committees, you are more than 'welcome. They can be obtained through the Town Clerk. 1 . Southold Town Clerk's Monthly Report for July, 1999. 2. Southold Town Justice Bruer's Monthly Court Report for July, 1999. 3. Southold Town Justice Price's Monthly Court Report for July, 1999. 4. Southold Town Justice Evans' Monthly Court Report for July, 1999. 5. Southold Town Program for the Disabled Events for July, 1999. 6. HHS Administrators Claim Lag Study Analysis through July 1999. 7. Southold Town Board of Trustees Report for July, 1999. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: In addition there is a Public Notice in relation to a platform for a mooring in Goose Creek. 1 . Corp of Army Engineers, New York District, Notice of request of Virginia Rumpler to install a platform with stairs, a ramp and a float for mooring in Goose Creek, Shelter Island Sound, Southold. Comments to be received by August 26, 1999. III. COMMUNICATIONS. SUPERVISOR COCHRAN: Communications, we had a thank you from Anne Lowry. The. Town presented her ,with a proclamation for her years of service to the North .Fork Environmental Council. Also, the manager of Osprey Dominion, it was a thank you for attending a kickoff. They were sponsors. It is the first time a large business in Southold sponsored a professional golf tournament. That was for the seniors last weekend, I believe it was. Also, a letter from the New York State Department of Transportation. The Fire Department down in East Marion has been very concerned, .because at' the end of the seawall going east on the causeway the way it was constructed if there is a nor'easter or heavy storms or seas it comes up over the road and as an organization that looks out for health, safety, and welfare they are very concerned. They said that it is on their agenda. It might take several years, but they are looking at it. A letter to Ray Jacobs, Highway Superintendent, from Pat and Ron Garsik for the quick response of the Highway Department into the tornado destruction that experiences down in the New Suffolk area. 1 . Anne Lowry with thanks for the proclamation. 2. Vince Panicola, Osprey's Dominion, thanking Supervisor Cochran for attending announcement meeting. 3. Dave Rettig, New York State Department of Transportation in regard to seawall in East Marion,. 4. Pat and Ron Gars ik thanking Superintendent of Highways Ray Jacobs for quick response of Highway Department to tornado destruction. IV. PUBLIC HEARINGS. None ,2 2 AUGUST 17, 1999 SOUTHOLD TOWN BOARD V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy in relation to Town business, and the resolutions. We are going to be passing the resolutions, but before that if there is anyone that would like to address the Town Board in relation to any of the resolutions we will certainly do that at this point. Also, at the end of the resolutions, and that, part of the meeting is open to anyone that would like to discuss any town business with the town. So, at this point if there is anyone that would like to address the Board in relation to a resolution, please feel free. ED SIEGMANN: Ed Siegmann, Mattituck. I want to make a couple of ,omments in reference to resolution #8. 1 am very happy to see it there, but there were two things that I listened to at that meeting, when you had your meeting with Mr. Kapell in reference to bringing this about. The two things that interested me was the following. First, I think with the exception of a couple of people in the room, everybody recognized that in Southold you would not be' able to support two pools, that eventually the taxpayer would have to get involved in, if. you did it by trying to do one in Greenport, and one in Southold. The other thing that interested me was the people who made the comment about the , promise that was made to the public in reference to a referendum.' I don't think that if you went to the public and said to them, you are postponing this resolution at the present time for the simple reason you are looking for a way to do this without it being done with taxpayers' money. I don't think there is anybody that would hold you responsible for postponing a vote of that kind, and if there is anyone that likes to see people have a right to vote on things you know as well as I do, that it is me, but when you have a good reason to do something, and you are able to explain it to the public, :1 think the public would understand why you are doing this if it is to .save the taxpayer money. I hope this thing is successful. I hope everybody puts their shoulder to the wheel, and tries to make this work with the combination with Southold and Greenport. Thank you. SUPERVISOR COCHRAN: Thank you for your comments, Ed. Anyone else like to address the Town Board? Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. My understanding this is to postpone it for what about a year? SUPERVISOR COCHRAN: I would said a year to a year a half. FRANK CARLIN: It is a very good idea. I agree with that; only one pool in town. That is a good sign, so I am happy about that. That is all I have to say. I have a lot more to say tonight, but being as this happened it makes my job easier tonight. SUPERVISOR COCHRAN: Thank you, Frank. That doesn't happen too often, Frank. You will think of something else before we are finished. Thank you for your comments. Is there anyone else 'who would like to address the Town Board in relation to any of the .resolutions? (No comments) If not, we will begin the passage of such. Resolution #1 . 1 .-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the ' ,Town Board of the Town of Southold hereby authorizes and directs the Superintendent of Highways to install a crosswalk at the intersection of Oaklawn Avenue and south side of Jernick Lane, Southold as requested by the Southold School District. 1 .-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, n Justice Evans, Coucilwoman flussie, Supervisor Cochran. This resolution was duly ADOPTED, SOUTHOLD TOWN BOARD AUGUST 17, 1999 2 19 Q 2.-Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 32, Boats, Docks and Wharves, of the Code of the Town of Southold, hereby grants permission Matt-A-Marr Marina, Mattituck, New York, to hold a non-profit canoe-kayak Slalom Race on Mattituck Inlet on Sunday, August 22, 1999 beginning at 11:00 A.M. and ending at approximately 5:00 P.M., with course construction `and practice on Saturday, August 21, 1999 from 10:00 A.M. to 5:00 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. . 2.-Vote of the Town Board: Ayes: Councilman Romanelli, , .Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED.- 3.-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 District 1999 budget as follows: To: SR.8160.4.400.825 Glass Removal $ 2,500,00 From SR.8160.4.400.810 C E D Removal $ 2,500.00 3.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 1999 budget as follows: To: B.8020.1 .100.200 Planning, Personal Services $ 425.00 Full-time Employees Overtime Earnings From B.8020.4.500.500 Planning - Fee for Service $ 425.00 non-employ Planning Consultant 4.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Marine Division 1999 budget as follows: To: A.3120.4.400..650 Vehicle Maintenance/Repairs $ 1,500.00 From A.3130.4.100.200 Gas & Oil $ 1,500.00 5,-Vote of the Town Board: Ayes: Councilman Romanelli, .,Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean. W. Cochran to execute a contract with Inter-County Mechanical Corporation to deliver, install and provide additional items as set forth in the contract for a new HVAC system for the Town Hall Records Vault and Records Storage Area, all in accordance with the approval of the Town Attorney. 6.- Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2 '.7 '4 AUGUST 17, 1999 SOUTHOLD TOWN BOARD 7.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Island Group Administration, Inc. to pay the medical bills of Kent McCarthy in the• amount of $426.30 and Betty Wells in the amount of $90.00, which bills were submitted by the provider more than 90 days after the service was rendered. 7.-Vote of the Town Board: Ayes:' Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.-Moved by Councilman Romanelli, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold finds ' that development of a community center, including an indoor swimming pool among other facilities would be in the interest of the. residents of the Town; and WHEREAS, the Village Board of Trustees of the Village of Greenport has pledged $1,000,000.00 toward and conducted a feasibility study of development of a facility to be operated by the YMCA of Long Island and built with money raised from the private sector, and WHEREAS, the Greenport plan would result in realization of the Town Board's goal of development of a comprehensive community center featuring an indoor swimming pool within and accessible to the residents of the Town, and WHEREAS, the Greenport plan would be implemented at no cost to the taxpayers of the Town, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to support the efforts of the Village of Greenport to develop a YMCA operated community center in Greenport. COUNCILMAN ROMANELLI : The Village of Greenport presented, what I thought, and 1 believe what the Board thought, was a very good comprehensive study of not only the YMCA, but the Mitchell Park Plan for the Village. They have spoken to the YMCA. They have pledged a$1,000,000 towards the facility. I felt that it was good for the town. The Village of Greenport is within the Town. They have the ability to put a facility there we basically wanted in Peconic. I believe that we should give them the opportunity to raise the money, and in some ways, if possible, help them raise money towards that goal, and it was our fiscal responsibility to the taxpayers of the Town to give the opportunity to put this pool in Greenport at no costa It puts the feasibility study done by the Town on a shelf. We have time to give it to Greenport. We give them a year, eighteen months, two years. By that, time we will know if we raise the four to five million dollars a year to build a facility. If the private sector can't do, we are not even close to that goal in that time period. The feasibility, we can pick it up and put it back in action. You got to give the Village of Greenport at least a year just to prove that they can raise something close to that money, to show that they, have two million dollars, or 2.5 million. If they have a million one hundred in a year, maybe it is time to pull our plan off the shelf, and try the Town's method. It is not a bad study. There is nothing wrong with that study.., COUNCILWOMAN HUSSIE: I just want to know where we, stand with this. Is it forever on the shelf to collect dust? COUNCILMAN ROMANELLI : I think is just the matter of giving the Village of Greenport an opportunity to prove they can make their plan happen in that area. COUNCILMAN WORE: Just make a comment on this. I just got a nice long speech from John. The intriguing .-part. about this, and what is different from what was discussed four years ago, and five year ago, was the notion that it could be done at no cost to the taxpayer. We would be remiss not to explore that. When Mayor Kapell came and spoke to us we made it real clear that we want to keep their efforts, and I should say hopefully our efforts in a' tight time line. I think the community, as a whole, needs, wants, and deserves a facility like this. If we can pull this off at no cost to the taxpayer, I say one second observation I made was that I think In part of enhancing Village and Town relations as far as notions of divisiveness and somehow separateness, that if we look at this as a community facility across, and disregard that you have boundaries between SOUTHOLD TOWN BOARD AUGUST 17, 1999 a village and a town, and it is a facility located in the Village of Greenport for Southolders, that we look at it as a Town facility located in the Village of Greenport. I think if you look at it. that way maybe we began to build a bridge, and say, we are not so separate. If for some reason it doesn't work; and some money has been raised in some fashion, but for whatever reason it doesn't work in the Village of Greenport, I see no reason why we can't pick up where we are now, and look forward, and hopefully make it necessary to move forward with what work had been accomplished. So, I vote yes, and look forward to jumping in a swimming pool some time in the near future. SUPERVISOR COCHRAN: You jumped in that pool about four times today, Bill. COUNCILMAN MOORE: I would have used it today. I had -a busy day. COUNCILWOMAN HUSSIE: I like the idea of cooperating with Greenport. I also like the idea of now having this go on the tax rolls.; So, for those two reasons I am going to vote for this. However, I am not giving up the other thing if this doesn't work. COUNCILMAN MOORE: I don't think anybody is. I want a pool. 8.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Greenport is an Incorporated Village with the Town of Southold; and WHEREAS, the Village intends to apply to the New York State office of Parks, Recreation, and Historic Preservation for a grant to fund the development of an . outdoor refrigerated ice skating rink at Mitchell Park located at Front Street and Greenport Harbor; and WHEREAS, ice skating is an important traditional form of cold weather recreation that has been lost to a warming. climate that prevents local ponds from freezing; and WHEREAS, in warm weather the ice rink will convert into a spray pool for children to play in; and WHEREAS, the Town Board of the Town of Southold finds that an ice skating rink and spray pool will benefit residents throughout Southold Town; and WHEREAS, the Town Board of the Town of Southold finds that the proposed ice skating rink will provide an economic stimulus during the off season by attracting families who can be expected to patronize business in the Town; and WHEREAS, there will be no expenditure of Town funds, now, therefore, be it RESOLVED that the Town Board of the Town of Southold supports the Village of Greenport in its' application to the Office of Parks, Recreation, and Historic Preservation and requests, Commissioner Bernadette Castro to approve the project. COUNCILMAN ROMANELLI: I will explain this. COUNCILWOMAN HUSSIE: It means that you are going to swim in the summer, and ice skate in the winter. COUNCILMAN ROMANELLI: You got it, all in the Village of Greenport. That is basically to support the Village Grant application to get money to build an ice skating rink in Mitchell Park. It is just showing the Town Board's support. SUPERVISOR COCHRAN: I would just like to say that I did chat with the Mayor, and I have absolutely no problem with this, because if we are lucky perhaps we will see more than one, because the amount of kids we have in Southold Town you are going need more than one, so it -would be nice as begin to develop our park on Peconic Lane that perhaps a second one can be placed there. 2 '9 6 AUGUST 17, 1999 SOUTHOLD TOWN BOARD 9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, the Fishers Island Ferry District has sought bids for the Silver Eel Cove Wharf Reconstruction project; and WHEREAS, the bid opening for this project occurred on August 10, 1999; and WHEREAS, the Fishers Island Ferry District passed a resolution on August 16. 1999 recommending the bid be awarded to Atlantic Subsea, I-nc. as it was found to be the lowest responsible bidder; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the bid award . to Atlantic Subsea, Inc. as the lowest responsible bidder for the Silver Eel Cove Wharf Reconstruction Project on Fishers Island all subject to approval by the New York State Department of Transportation. 10.-Vote of the Town Board: Ayes: . Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of ' the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a contract with the North Fork Animal Welfare League for dog control services and shelter services for the Town of Southold for a period of three (3) years commencing on January 1, 2000 for a sum of $132,000.00 for the year 2000; a sum of $135,960.00 for the year 2001; and the sum of $140,039.00 for the year 2002, all in accordance with the approval of the Town Attorney. 11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran, or Deputy Supervisor William D. Moore, to execute an agreement with Terry Contracting and Materials, Inc. ("Terry Contracting") to accept the delivery of approximately 5,000 cubic yards of, fill at the Town of Southold. Landfill. Terry Contracting to pay the Town $8.00 per cubic yard of fill. The fill shall meet the requirements established by Dvirka and Bartilucci and shall come exclusively from the property of George's Sanitation Service, Mid Hampton Road, Quogue, New York, all in accordance with the approval of the Town Attorney. COUNCILWOMAN HUSSIE: This is an opportunity for us to get some more material, not only get it, but they pay for taking it, material that can be used in the capping of the Landfill. 12.--Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 13.- Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the East End Seaport Museum and Marine Foundation to use the Gull Pond (Norman E. Klipp Marine Park) Beach parking lot during their September 4, 1999 Celebration of the Ninth (9th) Anniversary of the relighting of the Bug Light Lighthouse, provided they file with the Town Clerk a One Million ,Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 13.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SOUTHOLD TOWN BOARD AUGUST 17, 1999 1.4•-Moved by Councilman Moore, seconded .by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to. execute . an agreement to retain the services of the Law Firm of Leibowitz and Associates for the purpose of providing legal and consultant services and assistance on cable TV franchise renewal issues, all in accordance with the approval of the Town Attorney. 14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our planned resolutions. At this point we will entertain any comments from the audience. Anyone that Would like to speak or address? Yes, Mayor Kapell? MAYOR KAPELL: Supervisor Cochran, members of the Town Board, I want to commend you for both of the actions you took tonight in support of the efforts we are making in Greenport to create an environment that improves the quality of life of families and children in : Southold Town in the Village of Greenport. Both the actions you took are important to our interests. With respect to the YMCA the elimination of prior project is essential to our fund raising efforts, and I look forward to a cooperative effort. As both Councilman Moore and Councilman Romanelli suggested make a civic response. I look forward to swimming in that pool, too, and I give you this pledge that if for some reason we jointly conclude that the plan is viable, I will support your plan. Thank you. I appreciate it very much. With the respect to the ice skating rink, your support is essential. We are asking for a large grant the benefit of which will clearly include across the Towns of Southold and Shelter Island, and we need to be able to demonstrate that in order to justify that in order to justify the large request we are making to the Department of Parks. I really feel that these actions you have taken tonight are - watershed in relations between the Village of Greenport and the Town of Southold, and '1 thank you for that. I look forward to continuing good relations, and to other areas of joint venture where we can improve conditions for Southold Town. Lastly, I want to thank Councilman Romanelli for the extremely beneficial role that he has played in facilitating better relations between the Village and the Town. John has been a good negotiator and we appreciate it. SUPERVISOR COCHRAN: Dave, I have a question. Betty will make a notarized copy of this. When is the deadline for your grant application? MAYOR KAPELL: If I can have it tomorrow morning, I would appreciate it. , TOWN CLERK NEVILLE: You can have it tonight. SUPERVISOR COCHRAN: You can have it tonight after the meeting. We don't have too much more to go here. MAYOR KAPELL: We have to file tomorrow. SUPERVISOR COCHRAN: That is what I thought, deadline. MAYOR KAPELL: Thank you very much. SUPERVISOR COCHRAN: You are welcome. At this time if there is anyone else who would like to address the Town Board on any topic. Mr. Carlin? FRANK CARLIN: I have been on vacation. I missed you. I was in the town of Weston. I spent about three or four months. I usually take off in the summertime about three months to recharge . my batteries. This year they were so worn down making this year's Board meetings that I had to buy a new set of batteries. I was watching these meetings recently, and they are very- short. SUPERVISOR COCHRAN: We had a Work Session all day yesterday, and we had one all day today: 2 9 8 AUGUST 17, 1999 SOUTHOLD TOWN BOARD FRANK CARLIN: I can suggest to you about that. You mentioned it to me several times at Board meetings that you had a long day, and I suggested to you, or I believe I did, by having your Work Sessions on a Monday. SUPERVISOR COCHRAN: Many towns do that. FRANK CARLIN: You got all that Monday to do it, and you are not' pushed to get your agenda out. SUPERVISOR COCHRAN: Actually yesterday and part of today was work on the Route 48 in the changing of the Code and so forth. FRANK CARLIN: It is a good thing you mentioned, about 48. 1 don't want to get involved, but I do want to congratulate the Board for making the decision tonight on the pool with Mayor Kapell in Greenport. Knowing Mayor Kapell's background I am sure that this program will be successful. There are a few things I want to say about Route 48. 1 want to keep it short. I just can't understand why this is happening on Route 48. You know, when people buy property out here they buy with the understanding that it is zoned a specific. way. Then you come along, you say, well, you got to change it. you got to - do a different way and. all that. I don't believe that is right, and you know as well as I do that this will carry over someday to Route 25. We will be going through the .same thing as the residents- and businessman. An example, what McDonalds went through four years before they could open a half a McDonalds restaurant without a drive-through. Pathetic. One simple drive-through window. On that subject, something puzzles me here, the Board two weeks ago on the Sheppard property on Airway Drive in Mattituck, is it?, They voted to change the zoning or something? COUNCILWOMAN HUSSIE.: It was industrial, and they wanted it to residential. FRANK CARLIN: There is nothing wrong with that as far as the people are concerned, but I always thought that was up to the Zoning Board of Appeals. Now, you can make that direct decision yourself? SUPERVISOR COCHRAN: Only the Town Board can change a zone. COUNCILMAN MOORE: It wasn't a variance. It was an actual change of the zoning category on that map. It is a legislative act of the Town Board, just like Route 48 work is. FRANK CARLIN: Why was it so difficult to give McDonalds a drive-through window, but, you can do that? You can do that, right? COUNCILMAN MOORE: Two different animals, apples and oranges are different animals. FRANK CARLIN: It is still changing a zone. COUNCILMAN MOORE: No. McDonalds went to the Zoning Board of Appeals excepted a condition, you are going to like the condition or not like the condition, but the Zoning Board of Appeals put a condition on the decision back four years; how many years it was. The people that own that property accepted that condition. They didn't go to Court. They didn't challenge the appropriateness of that condition. They choose to accept that. FRANK CARLIN: I don't want to get into the McDonalds issue right now. COUNCILMAN MOORE: I don't want to go there either, but. . FRANK CARLIN: I can remember. originally the first McDonalds before Burger King came in, and McDonalds. Number one, McDonalds came in. Put in for the application, and the Zoning Board said to them, restaurant, no drive-in, and they backed out, but they asked for a drive-through at that time. They asked for the complete thing. COUNCILMAN ROMANELLI: I wasn't here. ,3r SOUTHOLD TOWN BOARD AUGUST 17, 1999 :2 FRANK CARLIN: I was. I remember. when Town Hall was in Greenport, by the old A&P shopping center when Supervisor Martocchia was the Supervisor. I remember those days, good old days. COUNCILWOMAN HUSSIE: The Town Board can change a zone as in the can make it residential, and move it, and they can call it a business zone. What the Zoning Board does is if you have a business Zone, and a little bit of an adjustment in order to do something within that zone, then they can look at it, and make the judgement on it, but the zone remains the same. They just tweak it. a little bit. Adjust. FRANK CARLIN: Anyway, I just wanted to. verify that McDonalds did request in the beginning a complete restaurant, drive-through and restaurant. COUNCILWOMAN HUSSIE: But, they weren't trying to change the zone. It was a business zone, and that was the way it was going to be. FRANK CARLIN: It just seemed that the drive-through seemed to be a little problem there. I didn't think it was a big deal. But, anyway okay. Route 48, 1 got a lot more to say about that, but you are tired and want to go home, I understand that. I am fresh with new batteries. But, anyway, I spoke six months ago, what are we doing about Town Hall, getting the people out of the cellar, the unsafe conditions? We know it is unsafe. Violations. I want to ask you one question. Those violations, that you have in your basement would. . if somebody went through the Building Department Inspector, and they had those violations in their building, they were looking for a permit, would they issue them a permit? SUPERVISOR COCHRAN: Frank, I would like to say that it is not a forgotten story. I am looking to give the Board some additional options. Just recently I was informed by the school that the Peconic building is going to be available for sale. I am working with John Helf who is a Board member. They are just getting the property in the Pe conic Lane school appraised. In addition Mr. Stankavich back here is interested in selling that back lot to the Town. Again, until we know what an appraisal is, so I ordered the appraisal, and the Town Board agreed to appraise this property behind us, and until we get this information together so that they have an option of different ways we can go to build or add on, it should be forthcoming, I am going to say in a few months, all the information, so the Board can make a decision. FRANK CARLIN: A while back this building on the corner here, the old North Fork Bank building SUPERVISOR COCHRAN: It is not available. I check every six months. FRANK CARLIN: Why isn't it available? SUPERVISOR COCHRAN: Because the people that own it are using it for storage. Also I had a call from someone handling Feather Hill and they would like to sell us Feather Hill. So there are lots of options that will be presented to the Board in very short order as soon as I get the list, appraisal. FRANK CARLIN: I also had a reason why - is that we don't want to move the Town Hall because we don't want to move it off the Main Road, because it is historic, that Town Hall should be on the Main Road. That is ludicrous. Town Hall doesn't have to be on Main Street. Like I will give you an example. Our !State Capital it is one hundred miles away in Albany from us. The State Capital of .,Florida is on the northwestern upper portion of Florida, Tallahassee, so we don't use that a guide to tell us, well, we shouldn't move the Town Hall from Main Street. To me that is completely ludicrous. It has been almost two years. People are still down in the cellar. SUPERVISOR COCHRAN: Frank, believe me I am reminded by the staff, and our employees quite often that we have to get moving. FRANK CARLIN: You bought the Whittaker House for $170,000. It is still sitting there. The termites are having a good, menu, breakfast, lunch and dinner, they must be having over there. We are not using it. 3 ;Q AUGUST 17, 1999 SOUTHOLD TOWN BOARD SUPERVISOR COCHRAN: We are still waiting for a report from the State. FRANK CARLIN: People are not safe working in the cellar. You keep waiting. SUPERVISOR COCHRAN: We are well aware of that. FRANK CARLIN: It should be taken care of by now. SUPERVISOR COCHRAN: Thank you for your comments. FRANK CARLIN: I am sorry that you all work so hard, but the problem is I have one more thing to say. Maybe you are not going to like this, but you know I say what is on my mind when 1 come up here I don't waste any of my time or words when I come up here. I think it is terrific working with Mayor Kapell on the pool, but then you say statements up there, well, if this doesn't work we will see in a couple of years, and we' will try our pool, or whatever you said, but you are forgetting one thing. Some of you may not be here next year. SUPERVISOR COCHRAN: Thank you for your comments. Yes, ma'am? PAULINE PHARR: My name is Pauline Pharr, and my husband and myself own a -business on Route 48, and I spent all day Saturday in my room reading every piece of literature on the rezoning, the Cramer Report, and my heart was very saddened, because when I read all of that it sounded like I was going to be put out of business. I think 1 am supposed to be in agriculture, and I found one statement in the County Road Corridor Land Use Study Impact Statement in April that said that uses should compliment hamlet density (unintelligible). SUPERVISOR COCHRAN: Thank you. We certainly do appreciate your comments. Yes, ma'am? DELORES PRINCIPI: My name is Delores Principi. I sat here yesterday, and watched how hard you were working. I did request . perhaps my piece not be changed again from Light Business. I ask you if I could put in miniature golf courses. Recreation is needed out here. I think there is a use for it. I know it was discussed, and I would like you to consider it, and would really appreciate it. You are doing a good job. We greatly appreciate it. Thank you.' SUPERVISOR COCHRAN: Thank you for your comments. Is there anyone else that would like to address the. Town Board? (No response.) If not I. am going to call for Board reports. I will start on my left with John. COUNCILMAN ROMANELLI: No Board report, but I have permission to get out to the public about Census Awareness Day, Census 2000. The Census Bureau Board is constantly calling Town Hall, and trying to bring out .the awareness to the, people that Census 2000 is coming. We all need to stand up and be counted. Census Awareness Day is August 31st. Two o'clock there will be representatives from the Census Bureau in Town Hall. They are, looking for volunteers, civic groups, churches, Boy Scouts, Girl Scouts, Rotarys. They need people to come here to go out, and collect census, knock on doors, get correct information. I think Mr. Williams you stated you did it once before, so I am expecting you to volunteer. There are temporary, seasonal to go out the first half of the year and count people. So, please, come on August 31st, 2:00 o'clock, and you will get all the facts. SUPERVISOR COCHRAN: Thank you, John. Alice? COUNCILWOMAN HUSSIE: Last Board meeting we were talking about LIPA and' the poles, and the underground, and all of that, and while I was talking about it, ,and suggesting that the citizens write to LIPA, and say, no more poles, you mentioned - that there was a petition, but I have not seen it. SUPERVISOR COCHRAN: Ruthanne is . supposed to be printing more. There are scattered throughout. I didn't know where you trade. I didn't put them out. Brian did. I think Bill. did'. SOUTHOLD TOWN BOARD AUGUST 17, 1999 3 -0 ,. COUNCILWOMAN HUSSIE: What did they say? COUNCILMAN MOORE:. Don't put the high wires and towers. COUNCILWOMAN HUSSIE: How could I not have seen this? SUPERVISOR COCHRAN: It has the picture that was in the paper of the wires, and Ruthanne is printing more, and please feel free to pick up 500 and distribute them. COUNCILWOMAN HUSSIE: It could be that there are people like me who haven't met one of the petitioners, and they could write a letter. SUPERVISOR COCHRAN: We would like to have as many petitions as possible signed because they will be personally delivered to Mr. Kessen. Alice, anything else? Bill? COUNCILMAN MOORE: Perhaps we ought to .have the TVs come and watch our Work Sessions, too. It might be more enlightening to see' what we do at the Work Session time than we do at the Board meeting itself. We had put in a full day yesterday working on the Route 48 material, and I just want to make one comment. There is a lot of misinformation floating around out there. There is information that dates back to 1997, 1995, and some ideas that were floating around back then, that we are not even considering at this point. Back at that time there was discussion about stripping away out of the LB, Limited Business Zone, all kinds of property uses. That has not been proposed, and we are not talking about that. We are talking about adding uses to the Limited Business Zone, and adding uses to what is presently has been restrictive, RO ' Zone. So if you are seeing information, or hearing information that we are taking away uses in those zones, it is not true. That is not on the table being considered. When you boil it down to the simplest fashion look at Route 58, and we don't want Route 48 looking like that. That is primarily retail type ;.operation, with a recognition that you are not going to strip business zoning from one town to another on Route 48. It is going suitable, I think you used the word complimentary in business, zoning for the hamlets. That is the overall purpose and goal of that study. Low traffic generation type business, so that Route 48 can remain a thoroughfare, so you can -get to Mattituck to Cuchogue, and Mattituck to Southold, Mattituck to Greenport, .and points east in some kind of timely fashion. You 'may have seen Newsday this week had the question asked .over in Southampton, Easthampton, do we want to extend 27 in such a fashion that we can bypass Montauk Highway? There are jammed over there, and they can't move, and you can't do commerce. As a local person doing business you can't get from one part of the town to the other over on the south side. We don't want to see that happen here. You know there are impacts associated with the zone change. There is no doubt about that, but you have to look at the community as a whole.' If you sat there and told people in Riverhead twenty years ago they were going to have the most popular retail outlet center on the east coast located in their town you couldn't believe that. I lived in that town twenty-five years ago. You couldn't have believe it. If you told those people there is going to be a ' Home Depot there; a BJ's, King Kullen, they wouldn't believe .it either. So, you can't sit here, and we have the opportunity in 1999 to say, we can put a limit and a cap on what this town can look like as far as Route 48 goes. That is the purpose. All kinds of information is out there, and I think it is does people well to sit and read the study, read the purposes of the study, and then see that we do them about our business. PAULINE PHARR: Before you change a zone, if you look at (unintelligible) COUNCILMAN MOORE.: You are right, and that is why we spent yesterday addressing the proposed changes of uses in` the zoning district, so that once that you having adding uses to OR, OR, is very restrictive, very few uses allowed in that zone as it presently- exists. In that study there were recommendations for this change, but you have to read through quite a bit of material, in the study, and his advice to us was, please, exam the zoning uses firs, so as you contemplate proposed changes it is' in the context of the additional uses. I don't want to tell you what not to do, so I am happy to see that. I spent this evening reading., a whole study by LIPA, a LIPA commission to study. Between the Board meeting this afternoon, and 3 a 2 AUGUST 17, 1999 SOUTHOLD TOWN BOARD tonight's meeting I sat and read LIPA's explanation of why undergrounding their lines is cost prohibitive, and I will be sharing that with the Code Committee. I think we can find a way, through that. It will be interesting to see that. I hate to see where we spend all our money on open space, particularly up in the core area in Cutchogue, Laurel, Mattituck, see the high power lines there. (tape change..) The Old House put together was a very nice event on Saturday. It was great 'to see historic families in the community, talk about time back 350 years of local history, to see the descendents of the various local families come out from all points as far away as I believe, Portland or Seattle, Washington, people came to celebrate the Old House. That was a very nice event between the raindrops. COUNCILWOMAN HUSSIE: ' I have something I just remembered to add. Bill reminded when he was talking about the , Route 48 study. There were some people, I hope they are still around, or they are watching us, because I certainly can't call them all up, who asked me yesterday what we were going to . be doing today, and said they would be here to hear about what was being happening, the Route 48 Study. The papers will no doubt print that we did discuss the various zone changes. We didn't tweak anything. We didn't make any decisions. I think it was more of a critique more than anything else, and not al] the Board was here so I don't know if the papers, I don't know what you are going to print. We made no changes. We made no decisions. We did nothing. COUNCILMAN ROMANELLI: We just put opinions on the table. COUNCILWOMAN HUSSIE: We also scribbled on the map. We weren't particularly sure of what was adjoining these zone changes, so don't worry. SUPERVISOR COCHRAN: Louisa? Nothing. I have several things. I had a visit from people that represented the Dominican Sisters. They will be opening up a facility in the Town of Southold, and part of what they will be doing is providing services to seniors, which is much needed of particular services they provide. Had the opportunity to go up to the Budget Office for the County. We are working very hard. as the five East End Towns to see that funds are put in the County Budget .in relation to 911 . As you may or may not know, Southold Town was the first town in New York State to have .the Enhanced 911 System, and the funding at the time when it was put into place, then the other towns began to follow it . was agreed that the group would meet at least once a month, and that they would use a lot of the funding that was received through the surcharge for updating, 'and' making sure that this system was kept in top notch order, and this has kind of fallen by the wayside a little bit, so we are hopeful that money is being put in the budget. I think $500,000., but now we want input as to how that money is going to be spent. Also met with several gentlemen from the DOT, New York State DOT. I think we have finally gotten through to them that Southold is country, and we do not like to see curbs and curb cuts up and down our main thoroughfares. Also, they had in Cutchogue _alone six turning zones. We have convinced them that we do not want these turning zones, that when you are in the country you just slow down a little bit, and if it takes you five minutes longer it takes you five minutes longer. We don't need turning zones for people to go speeding by, especially in our small hamlets, where what we are trying to do is get people to slow down, stop, have an ice cream cone, visit the 'shops, so we are not looking for ways on our roads to move people through faster. I attended the Fire Chiefs' meeting last night at the Southold Fire House. They were the host company, and they were very, very pleased with the town in relation to the changing of the Code for house numbers. They were very pleased with that, and said, please, thank the Board for that support. Also, did attend the 350th Anniversary. We were: disappointed. .The parade was cancelled, but it was a nice affair and we were pleased 'that Commissioners Castro from New York State Parks and Recreation did join us, and was the guest speaker. We have done lots of little things in relation to department head meetings. We had our Mr. Zuckerman, our negotiator, for our CSEA contract, and he sat and reviewed the entire thing 'for all departments heads., We have department SOUTHOLD TOWN BOARD AUGUST 17, 1999 3 O 3 . head meeting once a month, and we try to not only update the department heads, but it gives us the opportunity for their input. It has been busy. We don't mind it being, ,busy. We have a lot of work ahead of us in relation to the 48, but we will move along as quickly as we can, and as this point would like .to ask for a motion to adjourn, and thank you for joining us. Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED ,that this Town Board meeting be and hereby is adjourned at 8:23 P.M. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Eliz beth A. Nevill Southold Town Clerk