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HomeMy WebLinkAboutTB-08/31/1999 3 13 SOUTHOLD TOWN BOARD AUGUST 31, 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. The Board reviewed IV. For Discussion Items. IV. 1. Request by Supervisor Cochran for proposed Local Laws re: burying transmission lines and establishing height requirements for poles. The Town Board was in agreement that they should have a local law to bury transmission- lines and they will further discuss item number two, height limits on towers. IV. 2. Park Stewardship Program - Inlet Pond County Park. ..,, The Board had asked the Supervisor for more information. The Board was provided with a copy of the proposed agreement between the Suffolk County Department of Parks, Recreation and Conservation and the Town of Southold. All maintenance of the building and grounds will be done by the county. A county employee will be living up-stairs in the house. They are currently re-doing the house and putting a new roof on. The Audubon Society, the Arts in Southold, and the North Fork Promotion Committee will all have offices there. Councilwoman Hussie questioned item no. 22 in the agreement, insurance. Councilman Moore replied that all groups using the building will have to provide the Town of Southold with an insurance certificate. The Town will have agreements with all of the groups using the facilities. The Town Attorney will speak with the County Attorney with regard to some of these concerns. Justice Evans questioned item no. 14 work areas and Exhibit B, item numbers 3 and 6, if the county is supposed to be doing all of the maintenance, why are these items listed. James McMahon said that the main tenant is the Audubon Society and they have already started cleaning up the trails and the area. They are scheduled to meet with them tomorrow to delineate their role. With regard to the items of concern, Mr. McMahon said that in his conferences with Judy Gordon, the County said that they will take care of everything, but we will just oversee what goes on; The Town Attorney explained that this is a county park which has been under utilized and the Town has a responsibility to make it accessible to its residents. It is a way of getting a park functioning, maintained and cared for. Mr. McMahon commented that he thinks it is a good idea that they are putting a fence along the west boundary which will prevent dumping and help to control the site. Supervisor Cochran asked Mr. McMahon to call the .Audubon Society, John Rausch of the Arts in Southold, and Neb Brashich to see if they need any equipment as the Town will be receiving some donations in the near future. the Town Attorney will follow-up on the concerns raised in the agreement. IV. 3. A Local Law in Relation to Storage and Charges Associated with Vehicle Removal - set date for a public hearing. (See Resolution No. 27). IV. 4. Possible Extension of Route 48 Moratorium from Riverhead Town Line to Route 48 and Route 25 from September 13 to October 15. (See Resolution No. 28 extending 'it �7 to October 20, 1999.) The Town Attorney advised that he expects to have everything done by September 18 or 20th and ready to send to the County. IV. 5:.•;Salary Structure, Principal Clerk E IV. 6. Salary Structure, Building Permits Coordinator concern a particular person and will be discussed in Executive Session. 10:45 A.M. The Town Board reviewed Resolutions 1 through 26. Resolution No. 6., Justice Evans said that she would like to re-visit the administration of the health insurance. Supervisor Cochran advised that it could be discussed at budget time. Resolution No. 12, Councilman Murphy expressed similar concerns to the County Route 48 entrance to the Town Disposal Area and suggested that it also be added as Resolution 12 b. to request the-County to conduct a study to determine if a traffic signal is needed. Resolution No. 19, request for Account Clerk to attend seminar was removed from the agenda. Resolution 23, Building AUGUST 31, 1999 SOUTHOLD TOWN BOARD Department "Roundtable Discussion", questioned as to who will run this, Building Department Head Edward Forrester will. Resolution No. 26, Resignation of John Raynor, effective November 4, 1999. Supervisor Cochran advised that a radio dispatcher must be appointed to fill this vacancy. She advised that her new Deputy Emergency Coordinator be someone other than this public safety dispatcher. On motion by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby enter into Executive Session at 10:01 A.M. for the purpose of discussing litigation, contracts, and personnel. Vote of the Town Board: Ayes: Councilman Moore, Councilman Romanelli, Councilman Murphy, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Motion carried. Also present: Town Clerk Elizabeth Neville, Town Attorney Gregory Yakaboski. This Executive Session ended at 11 :25 A.M. The following resolutions were placed on the agenda as a result of this Executive Session: Resolution No. 27 setting the date for a public hearing on a Local Law In Relation, to Storage and Charges Associated with Vehicle Removal for 8:00 P.M., September 14, 1999. Resolution No. 28 setting the date for a public hearing on a Local Law in Relation to the Extension of the. Moratorium for 8:05 P.M., September 14, 1999. Resolution No. 29 to authorize the Receiver of Taxes and Town Attorney to executive a Stipulation of Settlement in relation to Suffolk County v. Virginia E. Allen et al. Resolution No. 30 to create the position of Principal Clerk and establish the salary scale. Resolution No. 31 to create the position of Building Permits Coordinator and establish salary scales. 11:45 A.M. ' Trustee President Albert Krupski, Jr. appeared before the Board with regard to the non-commerical scallop season. The Trustees would like the first two weeks in town waters to be strictly for residents for recreational purposes for their own consumption. It was before the board and public in a local law last year, but was not. approved. They would like the limit to be one half bushel per day per person from October 4th to the 17th. The Town Board agreed to setting the date for the public hearing at 8:07 P.M., September 14, 1999, Resolution No. 32. The Town Board also added the following resolutions: Resolution No. 33 to accept the bid of Latham Sand E Gravel, Inc. for the Rocky Point Road construction of landing and stairs. Resolution No. 34 authorizing a budget modification for the Human Resource Center for equipment were also placed on the agenda. Resolution No. 35 authorizing to advertise for bids for the upgrade and construction of a new Police Department Communications Center was held at this time for more information and will be brought back to the next meeting. 12:00 P.M. . Noon - The_ Town Board commenced the work session on the,County Route 48 Study at this time. They began with Mattituck No. 1 and worked through to 2 E, F, & G. before breaking for lunch at 1:10. The Board recessed for lunch at 1:10 P.M. to 2:10 P.M. The work session reconvened at 2:10 P.M. with a presentation on Census Awareness Day by Patricia A: Valle, Area Manager for the Nassau-Suffolk-Manhattan Area. Members of Ms. Valle's team introduced by her were as follows: Stephanie Morris, Community Partnership Specialist; Rosemarie Fogarty; Assistant Manager, Recruitment; and Max Norat, Media specialist. Supervisor Cochran presented them with a Proclamation for "Census 2000 Awareness Day, August 31, 1999 in the Town of Southold". Ms. Valle stated that the first census was done in 1790 at which people sometimes had to travel great distances in order to be counted in the census. She declared "This is your future, don't leave it, blank". . , April 1, 2000 is "Census Day". They are �"'= committed to make sure ,'that a package gets out to every house. Federal funds are allocated on the count of the census. Everyone who answers the census E 'W benefits. Those who do not, will not benefit. They asked the Town for an address listing, so that they may hand deliver a package to every house. They. will be hiring 800 people to deliver forms and complete both long and short forms when people haven't returned them by mail. The pay is $14.00 to $15.50 per hour. Councilman John Romanelli is the Southold Town Board liaison to the Census Count. 2:50 P.M. The Town Board resumed. the work session on the County Route 48 Study until 4:10 P.M. SOUTHOLD TOWN BOARD AUGUST 31, 1999 r3 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on August 31, 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: Usually when we have scouting people they are here earning one of their government badges. Is that what we have today? Would you like to introduce yourself? You have to come to the mike, then we can record it. When they transcribe it, they can pick up. BRUCE GRATTAN: Bruce Grattan from Troop 39, Mattituck. SUPERVISOR COCHRAN: He is earning one of his badges. Mr. Moore is an Eagle Scout, and we help many Eagle Scouts in the Town of Southold do their projects. We work very closely with them, so when you get to that point we are available to support you in anyway we can. Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $245,497.06; General Fund Part Town bills in the amount of $1,184.07; Highway Fund Whole Town bills in the amount of $1,719.77; Highway Fund Part Town bills in the amount of $5,801 .79; Computer System Upgrade bills in the amount of $88.05; Fishers Island Ferry District bills in the amount of $24,092.65; Refuse and Garbage District bills in the amount of $16,894.23; Southold Wastewater District bills in the amount of $2,346.76; Fishers Island Sewer District bills in the amount of $570.50; Fishers Island Ferry District bills in the amount of $559.71 . Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the August 17, 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. Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the minutes of the August 23, 1999, Special 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. AUGUST 31, 1999 SOUTHOLD TOWN BOARD Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, September 14, 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. I . REPORTS. SUPERVISOR COCHRAN: As you know each month the Town Board receives reports from the different departments, or the different committees, and they are placed on file with the Town Clerk, They are' available to the public, and if you see, anything you would like to know more about, please, feel free. 1 . Southold Town Recreation Department Monthly Report for July, 1999. 2. Island Group Administration Claim Lag Report through July 31, 1999. II . PUBLIC NOTICES. SUPERVISOR COCHRAN: Also, we have several public notices. There is a resolution in relation to the scallop season by the Southold Town Trustees, and the New York State Department of Taxation and Finance in relation to temporary sales tax, and exemption on footwear and clothing. 1 . Southold Town Board of Trustees Resolution in Relation to Scallop Season, October 4-17 from sunrise to sunset, dip net or scalp net fro non-commercial harvesting only; October 18-March 31 from sunrise to sunset, all gear permitted pursuant to Chapter 77 of the Code of the Town of Southold. 2. New York State Department of Taxation and Finance Notice of Temporary Sales and Use Tax Exemptions on clothing and footwear for the periods September 1-7 and January 15-21, 2000. Ill . COMMUNICATIONS. SUPERVISOR COCHRAN: Communications we had a letter from Mr. Grathwohl in relation to the 350th Anniversary of the Old House in . Cutchogue, and Suffolk County Planning from one of the gentleman that was able to go with us to Fishers Island, and take care of business over there. Also, a letter from Jim Small in regard to the Police and Highway Department's excellent work after tornado. 1 . James Grathwohl of The Old House Society in regard to 350th anniversary celebration. 2. Geoffrey Mascaro, Suffolk County Planning. thanking Supervisor Cochran for Fishers Island invitation. 3. Jim Small commenting on Police and Highway Department's excellent work after tornado. IV. PUBLIC HEARINGS. None. V.' RESOLUTIONS. SUPERVISOR COCHRAN: You know the Town Board has a policy that gives you the opportunity to address any of the resolutions, the printed resolutions that are on the agenda today, that the Board has been working during the day, and w_ a will' be taking action in just a few moments. Later in the meeting there is also a ,time schedule that anyone can address the Town Board on any Town Board, or Town business. Right now I would ask if there is anyone, who would like to address the Town Board in relation to any of the resolutions, as they appear on the agenda. Please, feel free now. Anyone like to address the Town Board in relation to the resolutions? (No response.) If not, we will continue the action. SOUTHOLD TOWN BOARD AUGUST 31, 1999 ; ', .•7 I .-Moved by Councilman Romanelli, seconded. by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Public Safety Dispatcher I, at a salary of $24,052.63, effective immediately. Michael C. Boken Tammy J. McNally 1 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rents owned- by Susan E Kevin Connelly, in the amount of $1323.79 for the years of 1998 and 1999 which rents remain unpaid, shall be levied against the real property of Susan E Kevin Connelly, and shall be collected at the same time and in the same manner 'as Town taxes. 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 Murphy, 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 an agreement , with the following individuals for the winter 1999 .recreation programs, all in accordance with the approval of the Town Attorney. Lisa Baglivi (watercolor)................................................................. $25/hour Thomas Boucher(guitar)............................................................... $20/hour Eugenia Cherouski (folk dancing)................................................... $20/hour Shirley Darling(tennis).................................................................. $20/class East End Insurance Services(Defensive Driving)............................ $30/person Lauren Egan . (Adult CPR)............................................................. $55/person Bob Fisher(computers)........................................................ . ....... $25/hour Dan Gebbia(dog obedience)......................................................... $45/dog Carol Giordano (Baton)................................................................... $20/class David Haurus (golf).......:................................................................... $38/person Hidden Lake Farms(Horseback Riding)......................................... $165/person Rosemary Martilotta(Hatha Yoga)...................................... $50/class Mattituck Lanes(Bowling).............................................................. $32/person Network Media Resources (computer courses)............................... $25/hour Theresa Pressler(youth program)................................... . ........... $20/hour Martha Prince(Aerobics). ..............................................................� $20/hour Peter Torrey/Paine Webber(financial management)....................... $20/person Yola Van Huele(ballroom dancing/cw ballroom)............................ $25/hour Chris Vedder(golf)........................................................................ $38/person Dorothy Wolf(bridge)...........................................:........................ $25/hour Michelle Zaloom(Performance Enhancement)........................ $20/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 Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Barbara A. Rudder-:!.'to the position of Administrative Assistant from the Suffolk County Civil Service Department Certificate of Eligibles, effective September 5, 1999, at a salary of $38,583.77. 4.- Vote of the Town ' Board:, Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor- Cochran. This resolution was duly ADOPTED. ; 3 3 48 AUGUST 31, 1999 SOUTHOLD TOWN BOARD 5.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Janice L. Smither to the position of Account Clerk from the Suffolk County Civil Service Department Certificate of Eligible, effective September 5, 1999, at a salary of.$32,123.82 per annum. 5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore,. Justice Evans, Councilwoman ' Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. 6.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was . RESOLVED that the Town Board of the Town of Southold hereby authorizes Island Group. Administration, Inc. to pay the medical bills of William H. Price, Jr. in the amount of $561 .77, which bill was submitted by the provider more than 30 days after the service was rendered. 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 Councilwoman Hussie, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1999 budget as follows: To: Revenues: A.2705.40 Gifts 8 Donations $50.00 Other Donations Appropriations: A.3120.4.100.700 Police, Contractual $50.00 Prisoner Food 7.Vote of the Town Board: Ayes: Councilman Murphy, . Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8..-Moved by Councilwoman Hussie, seconded Justice Evans, WHEREAS, Theodore Laoudis and Angela Laoudis have made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, known as "Avenue of Trees, Four Winds Court, Water Terrace, Pavilion Court, Little Peconic Bay Lane", and Detention Basin, and Parcel "B" Ponding Area as shown and designated on a certain map entitled "Map of Angel Shores", situated at Southold, in the Town of •Southold, County of Suffolk, New York, surveyed by Henderson and Bodwell, Consulting Engineers and filed in the Office of the Clerk of the County of Suffolk on August 23, 1995 as Map No. 9729; and WHEREAS, the Southold Town Superintendent of Highways Raymond L. Jacobs has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith' cause the dedication, release, and deed to be recorded in the Office of the Clerk .of the County of Suffolk, New York. 8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. SOUTHOLD TOWN BOARD AUGUST 31. 1999 =3 3 <9 9.- 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 Southold Presbyterian Church for the Crop Walk 1999 for Hunger, to use the following Town Roads commencing at 1 :00 P.M., Sunday, October 24, 1999, at the Southold High School, provided they file with the Town Clerk a Certificate of Insurance of Insurance in the amount of One Million Dollars naming the Town of Southold as an additional insured: . Oaklawn Avenue, Boisseau Avenue, Old North Road, Mr. Beulah /Avenue, Soundview Avenue, Soundview Avenue Extension, Lighthouse Road, Booth Road and Horton's Lane. 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 Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Clerk Elizabeth Neville to advertise for bids to construct new restroom facilities at Norman E. Klipp Park, Greenport, New York, in accordance with the plans and specifications prepared by James A. Richer, R.A. 10.-Vote of the Town Board: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .-Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville ,to advertise for School Crossing Guards. 11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12a.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby requests the Suffolk County Department of Public Works to conduct a study at the intersection of Westphalia Road and County Road 48 to determine if the blinking traffic signal light should be changed ' to a stopping traffic signal light. 12a.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12b.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the. Town Board of the Town of Southold hereby requests the Suffolk County Department of Public Works to conduct a study at the intersection of Cox Lane and County Road 48 and/or the entrance to the Southold Town Disposal Area to determine if a traffic signal should be installed. A COUNCILWOMAN HUSSIE: I have a question on this. We are talking about a study of the intersection of Cox Lane and County Road 48, and/or the entrance. Is that okay? We really want them to do both? SUPERVISOR COCHRAN: They will do both. My cover letter will explain a little bit more. .They determine. We have done other ones where we have given them more than one, and then they determine the best place for proper traffic control. It will be both. 12b.-Vote of the Town Board:. Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. :3 4',Q AUGUST 31, 1999 SOUTHOLD TOWN BOARD U.-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Agricultural Advisory Committee, effective immediately, to expire on August 11, 2001 : David S. Horton John Sidor, Jr. 13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman . Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 14.-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby requests Suffolk County District Attorney James A. Catterson to designate Southold Town Assistant Town Attorney Mary C. Wilson as a Special District Attorney for 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 Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William McDermott as a member of the Southold Town Conservation Advisory Council, to fill the vacancy created by the resignation of Sharon Shine, effective immediately, through June 18, 2001 . 15.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Members of the Southold Town Conservation Advisory Council, for a two (2) year term of office to expire on June 18, 2001 : Kenneth Meskill Bret L. Hedges Melvyn Morris 16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the . Town .Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and the Suffolk County Office for the Aging, for the Community Services for the Elderly Senior Day Care Program (CSE Day Care), for the period April 1, 1999 through March 31, 2000, at a net reimbursable amount of $23,367.00; said agreement all in accordance with the Town Attorney. 17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED, 18.-Moved by Councilwoman Hussie, 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 between the Town of Southold and the Suffolk County Office for the Aging, for the Community Services for the Expanded In-Home Services (EISEP), Housekeeper Chore Program,. for the period March 31, 1999 to April 30, 1999, at a net reimbursable amount of $1,658.73; said agreement all. in accordance with the Town Attorney. 18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll; Councilman. Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SOUTHOLD TOWN BOARD AUGUST'31, 1999 3 .4.;1 SUPERVISOR COCHRAN: Number 19, granting permission for an employee to attend a seminar, I am holding. 20.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to James 136richuck, Solid Waste Coordinator to attend the New York State Association of Reduction, Reuse, and Recycling Conference on October 17, 18, and 19, 1999 in Albany, New York and expenses for registration, travel, and lodging shall be a legal charge to the 1999 Solid Waste District budget. 20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 21 .-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the rental of a D-8 or larger sized bulldozer for a minimum period of three (3) months for use in the landfill capping project. 21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 22.- Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lori Stoner as a part-time mini-van driver for the Southold Town Nutrition Program, at a salary of $7.45 per hour, effective immediately. 22.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, ' Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 23.- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Department Head Edward Forrester to place an advertisement in the Suffolk Times, at a cost not to exceed $200.00 to advertise an "Open Forum" sponsored by the Building Department to recap 1999 Building Department operations and hold a "Round Table Discussion" to share. ideas and develop solutions to better serve the public. 23.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman . Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.- Moved by Justice Evans, seconded by Councilman Moore, 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.1620.2.500.300 Buildings E Grounds, Equipment Other Equipment and Capital Outlay Sound System $ 9,622.00 From A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 3,775.00 A.9015.8.000.000 Fire 8 Police Retirement Employee Benefits NYS Fire 8 Police Retirement 5,847.00 JUSTICE EVANS: That is, our sound system that is going to be in this room, so the people with hearing problems will be able to hear what is going on better. SUPERVISOR COCHRAN: Plus it should improve the entire system, sound system. 24.- Vote of the Town , Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, 'Supervisor Cochran. This resolution was duly ADOPTED. 3 .4 2 AUGUST 31, 1999 SOUTHOLD TOWN BOARD 25.-Moved by Justice Evans, seconded by Councilwoman Hussie, WHEREAS, a Project for the Fishers Island Ferry District Silver Eel Cove Wharf Reconstruction; P.I .N. 075748 (the "Project") is eligible for funding under Title 23 U.S. code, as amended, that calls for the apportionment of the costs of such programs to be borne at the ration of 80% federal funds and 20% non-federal funds; and , WHEREAS, the Town of Southold desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of the Fishers Island Ferry District Silver Eel Cove Wharf Reconstruction; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby approves the above subject project; and it is hereby FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes the Fishers Island Ferry District of the Town of Southold to pay in the first instance 100% of the federal and non-federal share of the cost of construction work for the Project or portions thereof, and it is FURTHER RESOLVED that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town Board of the Town of Southold shall convene as soon as possible to appropriate said excess amount immediately upon notification by the Fishers Island Ferry District thereof, and it is FURTHER RESOLVED that .Supervisor Jean W. Cochran of the Town of Southold be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's fist instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project, and it is FURTHER RESOLVED, that this resolution shall take effect immediately. 25.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I would like to present the next resolution. It is a resignation from John Raynor, who has served the Town for 23 1/2 years. He has been offered a very nice position. John has served for the last three and a half years as my Emergency Preparedness Assistant, and he has done a fine job, not only in that area, but also in the E911 areas, so we are accepting his resignation with regret. 26.-Moved by Supervisor Cochran, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regrets, the resignation' of John F. Raynor, from the positions of Public Safety Dispatcher III and Assistant Deputy Emergency Manager, effective November 1, 1999. 26..-Vote of the Town Board: Ayes: Councilman Murphy, Councilman. Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 27.-Moved by Councilman Moore, seconded by Councilwoman Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of August, 1999, a Local Law, entitled "A Local. Law in Relation to Charges Associated with Vehicle Removal", now,I therefore, be it RESOLVED that , the Town, Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, September, 14, 1999, . at the Southold Town Hall, 530.95 Main Road, Southold, New York, as time and place for a public hearing on this Local Law which reads as follows: A Local Law in Relation to Storage and Charges Associated with Vehicle Removal, BE IT ENACTED, by the Town Board of the Town of Southold as follows: SOUTHOLD TOWN BOARD AUGUST 31, 1999 3.4 .3 I. Chapter 92 entitled "Vehicles and Traffic", Article V, Emergency Removal of Vehicles, § 92-51 is hereby amended as follows: After removal of any vehicle as provided in this Article or the removal, seizure, storage and/or impoundment of any vehicle pursuant to any other provision of law, the police officer may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to. the Southold Town Police Department of the amount of all expenses actually .and necessarily incurred in effecting such removal, , SUGh .The expenses, charges and costs associated with such removal are set by resolution of the Town Board of the Town of Southold. Such resolution shall be posted at the Police Department and the Town Clerk's Bulletin Board. II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions 27.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.- Moved by Councilman Murphy, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold on the 31 st day of August, 1999, a Local Law entitled "A Local Law in Relation to the Extension of a Temporary Moratorium to October 20, 1999 on the Issuance of Approvals and/or Permits for Business Zoned Property along the Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town Line on County Route 48 extending east to the intersection of County Route 48 and State Route 25", . now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday, September 14, 1999, at the Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the Local Law entitled "A Local Law in Relation to the Extension of the Temporary Moratorium to October 20, 1999 on the Issuance 'of Approvals and/or Permits for Business Zoned Property along the Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town Line on County. Route 48 extending east to the Intersection of County Route 48 and State Route 48", and be it FURTHER RESOLVED that the Town Clerk is hereby directed to publish notice of the public hearing pursuant to the Town Code. 28.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was ,duly ADOPTED. 29.- Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the - Town : Board, of the Town of Southold hereby authorizes the Receiver of Taxes, Marilyn B. Quintana, and the Town Attorney, Gregory F. Yakaboski, on behalf of the Town of Southold to execute the attached Stipulation of Settlement in the case of Suffolk County vs. Virginia E. Allen, et. al., Index No. : 99-09715. 29.- Vote of the Town I Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman, Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 31, 1999 SOUTHOLD TOWN BOARD 30.- Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position Principal Clerk and establishes the.following salary scale: Step 1/1/99 1/1/00 1/1/01 1/1/02 Entry Level 24,114.90 24,914.90 25,814.90. 26,714.90 1 26,614.90 27,414.90 28,314.90 29,214.90 2 27,614.90 28,414.90 29,314.90 30,214.90 3 28,664.90 29,564.90 30,564.90 31,564.90 4 29,664.90 30,564.90 31,564.90 32,564.90 5 31,064.90 32,264.90 33,664.90 35,064.90 30.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 31 .- Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Building Permits Coordinator and establishes the following salary scales: For employees hired on or before June 8, 1999 Appendix A Appendix B Appendix C Appendix D Step 1/1/99 1/1/00 1/1/01 1/1/02 Entry Level '29,265.64 xxxxxxxxx xxxxxxxxx xxxXoo XXX 1 34,436.92 35,236.92 xxxxxxxxx xxxxxxxxx 2 35,361.14 36,161.14 37,061.14 xxxxxxxxx 3 36,335.35 37,235.35 38,235.35 39,235.35 4 37,259.56 38,159.56 39,159.56 40,159.56 5 38,583.77 39,783.77 41,183.77 42,583.77 For employees hired after June 8, 1999 Appendix E Appendix F Appendix G Appendix H Step 1/1/99 1/1/00 1/1/01 1/1/02 Entry Level 29,265.64 30,065.64 30,965.64 31,865.64 1 31,765.64 32,565.64 33,465.64 34,365.64 2 32,765.64 33,t65.64 34,465.64 35,365.64 3 33,815.64 34,715.64 35,715.64 36,715.64 4 34,815.64 35,715.64 .36,715.64 37,715.64 5 36,215.64 37,415.64 38,815.64 40,215.64 31 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 32.-Moved by Councilwoman Hussie, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 31st day of August, 1999, a Local Law in Relation to Non-Commercial Scallop Season", now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby sets 8:07 P.M., Tuesday, September 14, 1999 at the Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on this Local Law, which reads as follows: A Local law in Relation to Non-Commercial Scallop Season BE IT ENACTED by .the Town Board of the Town of Southold as follows: Section 77 204 (B) Non-Commercial Scallop Season B. The Trustees of the Town of Southold shall establish, by resolution, the daily amount of scallops permitted to be taken from town waters by hand or with a scalp net either' by an individual or ;per boat during the non-co'mmeecial scallop season. _8_,_-IIu�iag�be-�ox�--cotume��cal--scallo��ea�pT-get-tx�axa�a�--- may _o ha1 �3,L2�busaa-off-ua ------ -waters SOUTHOLD TOWN BOARD' AUGUST 31 1999 II . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions 32.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman . . Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 33.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Latham Sand E Gravel, Inc., in the amount of $27,350.00, for the construction of the stairs at the end of Rocky Point Road, East Marion, in accordance with the plans and specifications prepared by James A. Richter, R.A. 33.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 34.- Moved by Justice Evans, seconded by Councilman Romanelli, 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.6772.4.400.600 Equipment, Maintenance E Repairs $ 1,000.00 From A.6772.4.600.300 Travel Reimbursement $ 1,000.00 34.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Supervisor Cochran, seconded by entire Town Board, WHEREAS, the Census is vital to our community in that it determines the apportionment of seats in the U.S. House of Representatives and the State Legislature and is the basis for the allocation of billions of dollars of federal, state, county and local funds for social and other programs; and WHEREAS, the Census is also used to help determine where to locate schools, day care centers, senior citizen centers, hospitals and other facilities and is used to make decisions concerning business growth and jobs; and WHEREAS, Census information is confidential and Federal law prohibits any public or private agency from gaining access to individual Census data; 'and WHEREAS, in the Town of Southold, we are committed to a full and accurate Census 2000 count and are placing special emphasis on enumerating members of population groups traditionally undercounted; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims Tuesday, August 31, 1999 as "CENSUS 2000 AWARENESS DAY" in the Town of Southold and we urge all of our residents to complete their Census 2000 forms and return them to the Census Bureau. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number 35, advertise for bids for upgrade and construction of a new Police Department Communications Center, we are holding for additional information. That is the end of our planned resolutions as presented. Before. I go into taking any input from the people attending our meeting today I would like to call your attention to the banner back here., As you :know in the Year 2000 we will be doing the census. It is important that as many possible are created. Councilman Romanelli, who will be serving , as the liaison between the census 'committee and the Town Board, and he has Jim McMahon, Community Developer, assisting. John, perhaps you would like to say a little bit of what happened today. 346 AUGUST 31, 1999 SOUTHOLD TOWN BOARD COUNCILMAN ROMANELLI: Today they .came in, and Stephanie Morris, she is from .the Census Bureau. They came in, gave a little presentation to bring awareness to the public that Census 2000 is coming. Your Census will be hand -delivered from, what I learned today in early April, and it is really an educational process to spread the word, and to talk to your neighbors and friends that when it comes to fill it out, and return it, it becomes that simple. It has a lot to do with. .it has to go back. They use this money to accumulate how much money the Federal government gives us for schools and roads, and some what, so it really is just an awareness program to let you know that it is coming, and to look for it, and wait for it, simply fill it out, and mail it back in. COUNCILWOMAN HUSSIE: It is a direct relationship between the number of people, and the amount of dollars. SUPERVISOR COCHRAN: I would like to add something. There are two forms. There is a very short form, and then there is a longer form, which one in every six person will receive asking for more detailed information, so if you get a short form, and your neighbor gets a long form, don't be confused. It all works into the same thing, and believe me they know what they are doing out there Okay, at this time I would like to ask if there is anyone in the audience that would like to address the Town Board on any Town business? Mr. Siegmann? ED SIEGMANN: Ed Siegmann from Mattituck. About the end of last year, and the beginning of this year the area where I live made a request to Suffolk, County -Water to bring the pipes down in that area. That you understand where the area is, it is from New Suffolk Avenue down to the bay, which includes Ole Jule Lane, Kraus Road, Camp Mineola Road, and Alois Lane. Some of these roads are private roads, so- we were told by Suffolk County Water that we had to get fifty percent of the people signed up in order to bring this about. We got about 750 of the people signed. They brought the pipes down, and when they ran into one small section of private road, which includes four houses, three houses are from people that are retired, and one house is the lady works for the Mattituck School District. She is the Elementary School Principal. We learned much to our surprise that if a private road hadn't had taxes paid on it for years someone can come along and claim what they call a Quick Claim Deed, and they can say, I own that road. This is what was done with that short portion of road. The character that bought it is an airline pilot by the name of John Birmingham, who lives in Connecticut. When the Suffolk County Water Authority asked the people, who lived on the private road that they would have to sign permission to bring those pipes up the road all the private roads down there signed, and the people living in those four houses signed, but John Birmingham said, I am not letting Suffolk County bring the pipes up that road. We have been fighting this thing now with everybody that we are able to contact since May. We have had no success, because Suffolk County Water says that look if we put the pipes in, and it says, rip them out, we got to rip them out if he is the owner of the road. Normally I would go to an attorney or something to find out what he could do for us, but I think there is a better way of doing this, and. that is why I am coming to the Board. If you can make rules that control companies coming in here, such as no drive-in window, the lumber yard in Mattituck is getting a hard time in opening, we believe there must be some way that to an ordinance or some rules that you people make, that you can make it that anybody who is the owner. of a private road can not stop Suffolk County Water Authority from bringing the pipes down. Let me explain to you why I believe so strongly about that, or why we believe that. What happens if new houses: are built on a private road. There is no electricity. There is no phones. There is_.no .utilities of any kind. Does that person have a right to say, we are not' letting him bring the electric lines, down to you, because they got to put: holes ' in,' and we are not letting them put holes in along the road. Has somebody got a right to do that? I don't think that is any different than the water. The water is a utility. We are turning to you, now, asking you to do something either legally or through making an ordinance of some kind, making some kind of rules that says the owner of a private road like that must bring that water down, or any utlllty clpwn, Whateyep the Wtlllty may be. SOUTHOLD TOWN BOARD AUGUST 31, 1999 COUNCILMAN MOORE: Can I just ask, did you guys speak with either the County Treasurer or the County Real Estate as to . how that deed got put into his name in the first instance? ED SIECMANN: Well, it is a long, long story. TOWN ATTORNEY YAKABOSKI: Mr. Siegmann, did you speak to me twice, the same group? ED SIEGMANN: Yes, I spoke to you, and Joe .Peters spoke to you. TOWN ATTORNEY YAKABOSKI: Correct, you gentlemen did that twice. I am a little confused, because what they told me a couple of days ago was that they contacted this individual, and he would be happy to allow Suffolk County Water, and he was just trying to ascertain that he owned the road. Just some new information. ED SIEGMANN: That is not new information to me, because I got the letter from the department here, who handles it, stating that he does own the road. TOWN ATTORNEY YAKABOSKI : No. The two gentlemen, who came in to speak to me, I don't know their names now, they said they had contacted him, and he said he would be more than happy to have the water company come down the road. He just wanted to ascertain that he owned the road. ED SIEGMANN: Well, then maybe you people should tell him that he owns the road. TOWN ATTORNEY YAKABOSKI : My suggestion to them was that the only person that could tell them is a title company. They certify that type of information. ED SIEGMANN: Well, if you are sitting here, and I know that you are, you are sitting here with a record of the name of the owner of that road. Don't shake your head, no, because I know it. I saw a copy of it. It also says that he has been paying the taxes on it since 1990. Now, the people living in that area were never told that this guy is paying the taxes on a road. In fact, they three year ago spent almost $5,000 to resurface that road, the people that are living there, and he never came along at that time and said, I am the owner of the road. SUPERVISOR COCHRAN: Okay, Ed, we do have it. A man that owns a piece of property, are records, we do know who he is, where he lives, and so forth, and we certainly could correspond with him to verify the fact that he has or hasn't said you can use this road. This is unfortunate, because many times when there is a lapse of paying for a piece of property, be it a road or another piece of property, and it goes to the County, the County usually notifies the municipality first to say, would you like to buy this? I mean last year we told them 'we would take ten pieces for a dollar, or whatever. So, somewhere along the line this had to be probably offered to the town, and they just didn't pick up -on the ball. But, I think there is a difference in most of your subdivision where you have a private road the ownership of the lots* go to the center of the road, so the people within that subdivision normally own that road, although it is private, and they form an association, and an upkeep, and they pay the taxes, and so forth. This piece is owned by one individual, so it is a private piece of land. I think the best direction' to go is if we do contact him, and see if we can get his cooperation. ED SIEGMANN: Let .me give you the background of what he is doing, because he has had registered letters sent to him. He has phone calls, . where him and his father say they are going to cooperate. His wife says they are going to cooperate, but we never get an answer from them. SUPERVISQR COCHRAN: Perhaps I can, and I will also go back to the County. 3418 AUGUST 31, 1999 SOUTHOLD TOWN BOARD ED SIEGMANN: I picked up from the Assessor's Department, I picked up a letter Monday (tape change.) If we hand over the document to him, he would assign the paper for Suffolk County to come down the road. Up until the present time we haven't been able to get a hold of him, but I am 'not only concerned about this. I am concerned about the future that people don't. run into this kind of a problem where some clown has a right to say, we are not going to let you have water, we are not going to let you have electricity, we are not .going to let you have anything. Let me just see your background. Let me tell what started this whole thing. In an area of seven acres of land, which is owned by one individual, he has a lot in that area 100 by 100. He has asked Camp Mineola, which is separate from our road, he has asked Camp Mineola that on that one acre lot to give him beach rights. So, he is now saying, if they don't give me the beach rights am not giving the rights to go up for the water. That is what the background of the argument is. In .fact, his lawyer went so far as to write a deed putting the beach rights in, which was not supposed to be in there in the first place, and now Camp Mineola has to take him to court in order to get them to take that .beach rights thing out. I think you .people ought to be able to do something about this. - If you can make rules and regulations what happens to a property owner you ought to be able to make rules and regulations in reference to somebody who owns a private road. SUPERVISOR COCHRAN: Ed, it sounds like your group has taken some action. Do you want me to investigate this before you come to a conclusion, or do you want to finish what you are doing first and then notify me, and then we will pick up on it? ED SIEGMANN: By Friday I will let you know whether he has answered the communications that we are sending. SUPERVISOR COCHRAN: I don't want to upset what you are doing. ED SIEGMANN: If he doesn't answer us by then I will let you know by Friday. I want to repeat one thing. I am not only concerned about this particular case. I am concerned about where somebody has a right to do this, and if he gets away with it, and even attempts to get away with it when somebody else is going to come along someday, and you are going to run into the same problem. SUPERVISOR COCHRAN: As I said, Ed, the important thing is for the Town to stay aware of the fact that when tax pieces come up from the County, because people haven't paid their taxes the Town has the first option to take or refuse. It has always been my belief you take it all. We have had roads before, Captain Kidd and other places in the past, when I was on the Board that came up. .we buy them. So, the Town has to kind of stay awake, and buy these pieces as you go through the system. ED SIEGMANN: Jean, we have copies of deeds going back forty years of who used to have those roads, and what happened to it was when the property was sold, and the road went along with the property, whoever bought it after that didn't bother paying any taxes on it, and the thing sat there as a free piece of land, and where they get this quick claim. . COUNCILMAN MOORE: That is why I asked you. It comes to the County Treasurer's Office of Real Property. After a period of time a piece of property of road like that gets assigned a tax map number, and nobody pays the taxes on it, because no. owner gets a separate bill for it, it goes back to the County. Typically, an abutting property can pick up the road. SUPERVISOR COCHRAN: It is offered to the Town first, I believe. COUNCILMAN MOORE: : That is another way to do it, but abutting owners can pick up the road in those .instances. ED SIEGMANN: I will talk to you by Friday, Jean. SUPERVISOR COCHRAN: Good, then we will take it from there, Ed. Anyone else like to address .the Town Board? Yes, sir, Mr. Williams? •.0 SOUTHOLD TOWN BOARD AUGUST 31, 1999 3 4 :9 JACK WILLIAMS: Jack Williams from East Marion, and I am one of a small band of people who have observed all of the Town Board's Work Sessions 'on the subject of Route 48. 1 want to commend the hard work, and the thorough articulation that has gone into your decisions thus far on the upzoning, or whatever. it is that is going to come about. However, I want to say that I don't believe that all your hard work is going to be terribly productive, because if I can take a second, and with' all due respect, define for you what I think your job should be. I. think your job should be to set policy .for the development of the town. I think instead what is going on at the Work Sessions has been micro-management of individual parcels. Some of them as small as an acre, even a quarter of an acre. I don't think that that is really serving the public good, because under those circumstances the individual parcels being out on the table, and continually horse traded back and forth are just as likely or not to get a zoning map that looks like a speckled trout. Probably the zoning of individual parcels is quite seductive, because it allows decisions to be made on individual parcels in such a way as to make the best possible use of. I don't deny that anybody on the Board is trying to do exactly that. I think you are all trying the very best you can on the individual parcels, but I think in so doing you run the danger of more spot zoning. Southold was kind of late coming to the whole zoning, having been years after Garden City, and Oyster Bay, and some of those places, where zoning came in quite a bit earlier, and therefore you had make kind of a purse out of a sow's ear by recognizing a whole lot of preexisting uses, and there is no one to blame for that. That caused the original zoning map to have a lot of what I can call details out of place. Where there was a lot of what, for lack of a better word, might be called spot zoning. I know that is a technical term, but I think those people believe that there is spot zoning around. If we had any maps up you could see what I am talking about, but I think you have seen those also. So, I don't believe that by micro-managing these lots, that you are really serving the purpose because you are just making -for more thoughts on it for the future, and anybody looking at the map first of all of is going to find it quite opaque in terms of trying to figure out what it is that the town's policy is with regard to development. Secondly you are going to make it necessary to hire experts in order to navigate through the zoning process, and bureaucrats to meet up with the experts, so you increase the size and complexity of the whole operation. I think the town would be better served if this Board were to simplify rather than make more complex the Zoning Map, and the accompanying Code. I, for one, find that �it is overly complex to have two marine businesses zones, and hamlet business zone, and a light business zone, and a business zone. That is a lot of business, and that again is in the element, I think, of micro-managing the entire process, and I think it would be better served if all these things were addressed with the idea in mind that things should be simplified rather than made more complex. Thank you. SUPERVISOR COCHRAN: Thank you, Mr. Williams. Would anyone else like to address the Town Board? Mr. Dinizio? JIM DINIZIO: Good evening. Jim Dinizio, Greenport. Item 18, the resolution, says you are going to extend the moratorium? SUPERVISOR COCHRAN: Yes. JIM DINIZIO: I was just wondering if, you know, if there were any particular reason why, and have you considered why you keep extending this thing? The people that are affected by this they can't move or make any plans until you make a decision, and is this the last moratorium, or do you anticipate doing another? SUPERVISOR COCHRAN: No, and I asked to be put in the resolution that this be the last one. We do have a time frame, that has been laid out by our Town Attorney in relation to the legal aspect of this, and that is what we are following so we need'. a short extension, therefore we supported it. Anyone else like to address the Town Board? Yes, ma'am? DOLORES PRINCIPI: I am Delores Principi, an owner on 48. There is just some questions I need answered, if you can. Passing my property last week I saw a green falg. I don't know what this means. I don't know how (unintelligible) . 3 5 :0 SOUTHOLD TOWN BOARD AUGUST 31, 1999 COUNCILMAN MOORE: That is the County markers for funneling down the traffic, as you go westbound. DELORES PRINCIPI: Is that the reason for it? Okay. So, your recommendation for my .family's business is to change LB to R80, which is residential, how are we going to get in to put a house in there? If we have children, the school bus has, to stop for the children. It is too far from the school. It has to stop in the traffic on both lanes. You should take that into consideration when you are thinking about changing the property, and also another question I would like answered is why the property to the west of us was not changed to R80 as well? It is left LB'. He can blacktop right up to my residential use, and everything else, so I am wondering even though he has a barn there, you, blacktop, lights, or do whatever it is going to be next to, if you chose to change our use to R80. Another thing that I think you should take note of as you go up R80, residential, trucks there, how are the children going to stand there? How are we going to get across the street? That is all I wanted to say. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? JIM DINIZIO: Just something that Mr. Williams said that he is attending all the County Road 48 studies, and if I understood it correctly you are .considering individual lots. Are you meeting with individual people? COUNCILMAN MOORE: No. JIM DINIZIO: How are you determining the individual lots that you discussed? COUNCILMAN MOORE: Through the consultant's recommendations. He sat there and identified parcels of land that should be considered. We have the study. We are going through map by map, and going corner by corner with his recommendations. Do we agree with his recommendation or don't we? Does it make sense? Does it fit the plan? COUNCILMAN MURPHY: There were no decisions made as far as there will have to be public hearings on each one of those before anything can be done. This was just a work session. JIM DINIZIO: Public hearing on each lot? COUNCILMAN MURPHY: On each lot. SUPERVISOR COCHRAN: Each zone change. JIM DINIZIO: Each lot or zone change? SUPERVISOR COCHRAN: Zoning map change. COUNCILMAN MURPHY: Anyone effected surrounding will be notified by certified letter. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) If not, before I call for Board reports I would like to share with you some information that was given to me. I would to congratulate Linda Burke and Susan Skrezec, who took part 'in the Breast Cancer Walk. They walked sixty miles from West Point to Central Park. Over three million dollars were raised by the entire group and Linda and Susan walked with two ladies from Riverhead, and the four of them raised a total of $11,000, so our hats off to to you. That is a heck of a long way to walk, sixty miles, ' but excellent cause, and we congratulate you on finishing the race. Do you want to. say anything before you leave, John? COUNCILMAN ROMANELLI : Good .night. SUPERVISOR COCHRAN: Alice,- would you like to report anything? SOUTHOLD TOWN BOARD AUGUST 31, 1999 3 5 .1 COUNCILWOMAN HUSSIE: I don't have anything to report, but I do have a reply to Mr. Siegmann's dilemma. The County does offer us these roads, these type of parcels, and I seem to recall this one. The problem is, that in order for the town to accept them they have to be brought up to the town specs, and the owner doesn't want to do. The town is loathe to do that, too, unnecessarily. The other thing with a little bit of my cynicism, and that is I can't understand how an authority, like LIPA, Long Island Power Authority, they .can do whatever they want, whenever they want, however they want. How come the Suffolk County Water Authority doesn't go ahead and do that? COUNCILMAN MOORE: They want to work cooperatively with an easement agreement, rather than trying to use. . A cooperation works a lot easier with those guys. ED SIEGMANN: We are well aware of the rule that the road has to be brought up to specs before the town takes it over. SUPERVISOR COCHRAN: That is when they are requested to take it over. This is different. This is a piece that is up for tax purposes, and the town can buy. .ED SIEGMANN: But, I would say whether the Town or the County as somebody come along with that so called Quick Claim Deed, that people that are living on that block should be notified what has happened, because they didn't know that they had owner, and they spent $5,000 to resurface the road three years ago. . He sat back and didn't say he was the owner then. He was happy they were resurfacing the road. SUPERVISOR COCHRAN: Okay, Ed, we will check into ,it, and see what we can do. Brian, anything to report? COUNCILMAN MURPHY: No. I have been out of town mostly for the past two weeks getting my stepson off to college, and doing a few things, so I have nothing to report this morning. SUPERVISOR COCHRAN: Louisa? Nothing from the island. It has been a busy two weeks. I will begin working on my Budget this week. We are still working on 48. 1 found this on my desk earlier, so I would like to thank the United States Power Squadron for this certificate of appreciation. We try to support these groups within the community. Not -a bad picture, so thank you Power Squadron. I really don't have anything else at this time. It .is busy. We all have a lot on our plates right now, and we are just plodding along. That's all I have. September 7th at 10:30 A.M. the group, the' Board, will meet and' continue our work on the moratorium on Route 48, so that is September 7th, 10:30 A.M. here at Town Hall, and it will be a Work Session on Route 48. DELORES PRINCIPI : You are going to discuss the moratorium? COUNCILMAN MOORE: The property, the recommendations. SUPERVISOR COCHRAN: Can I have a motion to adjourn? Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:23 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. Eli beth A. Nevi le Southold Town Clerk