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HomeMy WebLinkAboutTB-06/01/1998-SSPECIAL MEETING SOUTHOLD TOWN BOARD A Special Meeting of the Southold T. own Board was held on June 1, 199S, at the Southold ToWn Halt, Mare Road, Southold, New York. Supervisor Cochran opened the meeting at 10:00 A.M, Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussle Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Justice Louisa P. Evans SUPERVISOR COCHRAN: This is a special Town Board meeting. A Waiver of Notice with the undersigned being members of the Town Board of the Town of Southold, Suffolk County, New York, do hereby verily waive notice of time, place and purpose of the meeting of the Town Board to be held at 10:00 A.M., at Southold Town Hall, 53095 Main Road; Southold, New York, on Monday, June 1, 1998. The same shall be held on said 'date of transaction of any business which may properly come before said meeting. Dated: 27th of May, 1998, Southold, New York, and signed by all members of the Town Board. I think the first thing we will take up because from looking at those here with us today, theit~ main interest I am sure is the municipal electric utility system, so that will be our first order of business, although we do have two resolutions in relation to Fishers Island'. One is rescinding the resolution that was passed for the kids on the mosquito control program, and the second resolution, for Fishers Island is making a correction in the names of those that we hire. Also, there is a resolution on for Cablevlsion, because there is a time frame on that, which Greg will explain to us. The first order of business is the resolutions. As you know, both resolutions to operate and establish both an electrical system, and a gas system was on the agenda for last Tuesday's meeting, and it was felt that we did not have adequate time to really look at all of this with the time frame, so it was held for today's meeting, so that we can further discuss it. Alice, I will call on you first. If there is anything you would like to add before I ask Greg for legal opinions on this. COUNCILWOMAN HUSSIE: No, the only thing we were waiting for was the SEQRA process, and a determination about that, so since .that is his game, go ahead. SUPERVISOR COCHRAN: You are on. the whole situation, where we are now. opinion. I want you to explain to the Board Greg, I am asking for your legal TOWN ATTORNEY YAKABOSKI: Under the attorney client privilege, that is not an open meeting, so it does not apply, thus it would be just under a 'Board meeting. Initially you can come back in. That is how it would be. SUPERVISOR COCHRAN: On what part of it, Greg? It certainly can't be all of it. What about the SEQRA part of it? TOWN ATTORNEY YAKABOSKI: I did two things. One, as attorney for the Board I prepared it, or went through it, giving my legal opinion regarding that. That Ts under the terms of client privilege, and then my suggestion Would be to you first discuss and then come back out. COUNCILWOMAN HUSSIE: Can we talk about it without having your opinion? Can we ask you questions? I might say to you, have done a SEQRA performance, which kind are we using, and that sort of stuff? TOWN ATTORNEY YAKABOSKI: I think there are some Issues regarding the overall processes SEQRA first, just to let the Board know some of the processes. That would be my suggestion. COUNCILWOMAN HUSSIE: Those processes have to' be done in Executive Session? TOWN ATTORNEY YAKABOSKI: No, they don~t have to be. We can discuss everything right now if the Board wants to. SUPERVISOR COCHRAN~ I think we should do as much as we can in open session, be it SEQRA, be it whatever. The resolution certainly is public information, and everybody has had a copy of this all ready. I realize that there are some points that, you know, that should discussed in Executive Session, but there is so much I feel can be discussed in open session. No? TOWN ATTORNEY YAKABOSKI: It would difficult, I think, to do an overall discussion. In doing the overall discUssion some issues might come up which the Board might be more comfortable.~ That might clearly fall under attorney client. I can do it all right now, but in discussing it, and making an comprehensive presentation some things might come up, which the Board might.. SUPERVISOR COCHRAN: I think, Greg, when we get to that point, and you are our attorney~ you are the one that keeps us out of trouble, but I think we should try to discuss as much as we can. If we get to a point where you feel very, very strongly about it being client attorney. TOWN ATTORNEY YAKABOSKI: I feel strongly at this point that some initial points you have discussed could be very quick, and then come back out, and start the process. I can not promise that if we go, and I start doing a comprehensive presentation, that some issues might not come up which the Board might be clearly attorney-client privilege In my legal opinion. I would be happy to discuss it all, I can express it now. SUPERVISOR COCHRAN: I am trying to think what it might possibly be. COUNCILMAN MOORE: I Can't know what is in his head; I respect you, Greg, and I am not going to second guess that. SUPERVISOR COCHRAN: Attorney-client communication is privileged and confidential. I hate not taking the attorney's recommendation. You are the one that keeps us out of trouble. COUNCILMAN MOORE: ' I don~t want disrupt you, but I want to make a motion that we go into Executive Session,' and give you five minutes to lay . your.. TOWN ATTORNEY YAKABOSKI: Executive Session, the attorney-client is exempt from the open meeting. COUNCILMAN MOORE: That is my request, that we give him five minutes, let him get out his uncomfortable feat, get it off his chest, and then get back out into the public. TOWN ATTORNEY YAKABOSKI: Your exemption to go into Executive, however it is separate and apart from an open meeting for the Board like any other client is entitled to certain privileges of Federal, State Law. One of the privileges of the attorney client discussion. SUPERVISOR COCHRAN: Bill, make the motion, then I will call for a second, and vote. Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVEO that the Town Board recess to go into Executive Session to discuss items of attorney-client privilege, which is exempt from the open meetings law, which relate to the establishment of a power company for the Town of Southold Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Supervisor Cochran. No: Councilman Murphy, Councilwoman Hussie. This'resolutiOn was LOST. SUPERVISOR COCHRAN: I will have to ask the same attorney to do as much as we can. TOWN ATTORNEY YAKABOSKi: I am going to give the presentation. Fo.c~ssing we are.~w[l[ing :.to go. und.er t. he packet that says, attorney-client prlvdege communicatlon"is conftde.ntlal in terms of the secon.d page. .To is going to be that these resolutions are going to that falls under SEQRA. That under SEQRA, that prior to doing action SEQRA must be completed. That if you are looking at the page that .it is~ ref~ I, that agency, in this case the Town Board, classifies the three types of actions, a Type I, a Type II unlisted dng my definition, the creation under Chapter. .360, the w )f a municipal electric set;vice, and mu.nlclpal gas uti the stated purpose of decreasing ~the electric and gas ~citizens, private citizens, and corporations of i;n the town, and also by the town body, by the TOwn clearly, it is at the verY least an unlisted acti be considered a Type I action. If you go forward as conduct an uncoordinated no other In po.~ ir an iml into a Type happened at the I~ which stated as an y, I think it would be unl' is a mote point, and looking over is you have te look the project. Then what i. What we are may have at adverse environment I z sment fm adYerse env ~ issued, and In looking over criteria, lis.ted in are Considered .mdicato~s Stepping back for. al it the pro-Dosed ::Will have a signlficanl to,mental impact. What )1~ ex.pected to determine that the icr ter~m, !o. ng iect. in !looking at goes forward, or we is unique, and ch' different .than are going electric service.. Gus Southold whichl with of thin it has ar ~. ibout what .~rn The will result in a as more as and real review ls the review. for Type !. in doing the what has to be reasonable ssed out here is to :ntial for or the it may Then a to an of this that 617C adverse Board or project is least ~one at t;he proposed in '617,7C. and of the site, up .~St, ht ~n all of a they say, :about on town lUes aBd in short you can make a very strong argument that creates a vacuum in the sense that commercial enterprises, residential developments, which might locate further up west, might be very much attracted to come into $outhold. In talking with the Town Planning Department, say what happened in Greenport, the Village which has it's own electric company, and the rates are lower to be able to move easily, than the town attract in business, because one of the main overheads of a business is it's electric rates. In looking over the criteria for determining the significance in 617.7C one of the things..think about what might happen. You. have more commercial enterprises, more residential development coming in, increase in traffic, pressure on the development of open space that is going on. The Town currently has an open space program going on. This might significantly hinder the open space program for agricultural and farmers, that are going to stay in the business, or if the land is too valuable now. In going through the criteria to determine 'the significance look at the first little number i, little small Roman numeral i. Substantial adverse, change in existing air quality, ground :or. surface water qu.alit~: traffic~, or nois levels, you can make an argument that inc~eased commercial develbpment- and residents wOuld effect that...-- Number tw°~ you .couldiprebably make an argument, but some many ~,mere ean cut ones. Nu )n of material conflict withicomm goals as and adopted.. I know rrght now, the:Town of Southol~d .has an open space preservation program, both for farmland development open space, going on 'right now;:' ai' significantly dec~eased ectr'[c e that that would' effect· that current p! of either )f ~ energ of energy, you~ sigl rise.' Number ei! land includ, ing agriCUltural? it~s capacity the expected or lwoul( a place,~ or places in more .than ~le who would come Again, you case an llne~ is ~e CritiCal tallied to tine~, I haVe ta is the Of plarmer,~ a also looked over then d the Town did on It i~k the cri so lead', T I action. In done. So, the next step is correcting that'step. In. addition when you do a positive dec and you Issue it you want to list all the. impacts, as many Impacts as I can come up with. I would like to have a I:ittle more time to talk with our Planning and perhaps an environmental consultant as establishing the full potential environmental impacts that clearly establish and set forth the positive dec. That is my reasoning on the SEQRA. COUNCILWOMAN HUSSIE: Okay, now can we talk? Those are specious arguments, if I have heard. In the first place, you are talking about something that might happen,~ and it is going to have a significant effect on the environment. We are not putting in any pales. We are not digging up a piece of grOund. We are taking over an existing company, The fact that it is going to. bring buSiness, ln~ how do know it is going to bring business in? That is a speculation,' and besides buSiness is controlled by our zoning, just like the number of homes that' :we have is controlled by zoning. Just because you say we .are going to have cheaper electric rates, Messina didn't have a sudden influx of many, many Pe0ple'com!ng .j.n..._ COUNCILMAN ROMANELLI: Greenport hasn't had it for years. .COUNCILWOMAN HUSSIE:. Neither has Greenport. i don't understand, It just does:, not ~ make sense. .Development is alright. Development is done by 'n zorn g, and then you cite this law. 'Was this an existing sewer district, or were they going to dig up the ground, and put one in? TOWN AqTTORNEY YAKABOSKI: They are going to establish a district. COUt E: over an bel ne can waitll here. They are going to establish a district, but it going to build new, or they were taking I am not going to listen to that. I can not this far. You told us that this required a were not going to dig up any~!ng, therefore we a' sudden we have been v~aitmg, waiting, and ~be the third time. There is something peculiar TOWN ap] rights, an agency iS ATTORNEY YAKABOSKI: In reviewing the envlronmental, I frustration. I do. Quite frankly you look at the SEQRA being started as soon as possible. As soon as an action. COUNCILWOMAN HU-~ weeks to be well, ~ and la recel That's .why we postponed doing the vote two EQRA thing was going to be done. It was going going to be fairly short, and all was going to be ~¥ we were supposed to take care of this. That was my impression. However, in Assessment Form, and completing it..I did Form from Power Alternative as you 'the last Board meeting. In going through it I answers I have been filled in by Power I did !quite frankly agree with. I received that Environmental Assessment 'Form nine o~clock during that Work Session last Tuesday. COUNCILWOMAN HUSSIE: That's right, and we have had five or six days in between then. COUNCILMAN MOORE: Let me just ask a question, it is sort of rhetorical, but, Alice, maybe it is directed more at you, than it is you, Greg. Is there some clock that we are racing against, that suggests that we should, and don~t want to say sidestep, because I respect the fact that you disagree that we need to take a certain step with a positive dec, or a negative dec, or this, or that, so I am not going to address the substance of it~ just yourr vote, but I don't get the' sense that there is nothing that we do..if this still is a good idea, and if the numbers work out, and we still have the. authority under State law to do this, and set It up and do it right, and process it r~ght along according to the proper procedures, and by the way, at som.e, point in time your bond counsel will ask you, show .me your! SEQRA reSolUtmns, because that is part and parcel of their opimon lettei's that go Out as they are packaged, so you have to have that in place 334° before you start doing anything whether it is a negative dec, or positive dec, or something, yOU know, coordinated, or uncoordinated. Having read, and I asked for some other opinions, and having gotten them, there was a court case going on last week as far as this race In clock that we are. talking about. The two villages that are ahead us process-wise had raced into the Appellate Division seeking to leapfrog through the Imminent domain process. You know of what I. am speaking, right, Greg? They want to seize assets immediately sized up into procedural mechanisms in place, because at least those villages and their counsel believed that. if they were going to accomplish the task they. had to obtain the. assets prior to the LILCO/LIPA closing last week, and the court said, no, I am assuming :we are stuck with that court's decision. Whether we agree.that the laW, that we can still use imminent' domain down the road as a proper course of action to take, that door has been ~closed to us; sol don't need to put your foot to the metal, :and-go hell!s have .steps,.to be done p~ l~m sorr~y, but. I can"t give you the premium :you need TOWN ATTORNEY YAKABOSKI: I talked to Power Alternatives, heavily involved. They are also involved, and very familiar with those two cases. I asked them point blank. I said, are we under any deadline? What are our deadlines ~right now? They '_said, no, .you are~ not .on any deadlines. In addition, backing up a step in this process the project, the goal here, the goal with the decreased electric rates, .the plan was to form a municipal utility service such' that, ~ that ser~me could thence, it is really the purchase of power off the power bridge, It is called wheel in po.wer from out of state. In revieWing the whOle file, again, :1 fOund nothing from Endpact. power System,:.l:~ :out. This is dated October 29, 1996; It Said there isa:recent decision has orderedi, that open'retail commi: early 1998, There's this, that Perhl we~.are to Power they also indicated citizens, could be bring, in power service. Those are other issues. I dc without forming ~e Board. Commission New York .in .more about also talked other day,: and private an initial utility COUNCILWOMAN HUSSi!E: Those things are .for the Town to act as a wholesaler for itself, for it's own buildings,: and: little places that it owns. School districts can do the same things'. Okay;~so we spent $180,000 on electric for everybody. : The why..I am not sa they are racing disturbed to through, this .I this. We check the understand 1 to follow the head. We are changing anything. but we spent $19r;000,~000! all affected.l at anything ~to iS, i, because am very I have been have been through have to person can I realize we have can also, use your ronment. We are not COUNCILMAN ROMANELLI: These arguments can go two ways. TOWN ATTORNEY YAKABOSKI: Absolutely true, and correct. Regarding the dragging process, I appreciate your frustration. Part of what has happened since I came on board, and accepted responsibility for this when I first came on board..this was a long: ways along, and Power Alternatives was heavily involved. In looking at everything it was my impression, rightly or wrongly, that Power Alternatives was leading this, advising the Board, advising the town on what the legal steps, and on the feasibility of What had to happen. What has happened is when I receive things at the last second, the B. oard 'rightly has. asked my opinion, and what happened is a couple of things, is' that hawng to sign off on.those things, I am not comfortable in signing off some of the things that don~t look go.od to me, especially the last second, especial!y the SEQRA, which was delivered at the 'last Board meeting,r Since that time, unless the Board would !ike ~to change ~that,. I noticed, poWer Alterna.t?es that since this is happemng ~t is unf~arr to the Board.. I believe that ff I have to sign off at the end that I become involved much earlier, and take the lead role, and use them as the expert advisors. COUNCILWOMAN HUSSIE: Are you taking the lead role, or taking opinions? Are you making decisions or giving us your opinion? TOWN ATTORNEY YAKABOSKI: This is my thoughts on it. To help alleviates what is so frustrating, which is~the fact that things come in, at the last second things are getting pulled, because when I review them they are not comfortable, and then When I ask questions I am being told they are good questions by our experts, by Power Alternative. So, that is what happened. SUPERVISOR COCHRAN: I would like to clarify one thing, Greg. I spoke with Greg, and said, as a attorney to the .Town of Southold it is his responsibility to make sure we do this whole process correctly with all the i~s dotted, all the t's crossed. I personally feel that we should have SEQRA, and I see it as a type of action. I really do. COUNCILWOMAN HUSSIE: Why? SUPERVISOR COCHRAN: . I,think it is going to affect the environment. I think it affects economics in the town. I think it will, Alice, and you know.as we.Il as I know that'this community is going to receive lawsuits as we go through and try to. fight this thing. It is going to be part of the whole process, lawsuits. I do not feel that having this Town obligate themselves to $u~7,000,000. It is fair to them until we know the answers, and they know the answers. So, the time frame, in my mind, is not the key point. COUNCILWOMAN HUSSIE: There is not going to be SU,0,000 being dedicated or anything until the referendum is done. SUPERVISOR COCHRAN: have to get out there. I still think there is lot of information that we COUNCILWOMAN HUSSIE: We will never get it until we establish ourselves. SUPERVISOR COCHRAN: After SEQRA. TOWN ATTORNEY YAKABOSKI: It is a legal regarding the expenditure of the bond, and things like that. The only reason I brought it up was the fact that once we go forwat-d, however, as I said there is a paper here now that has some pitfalls on it. Again, I fully appreciate your frustration, which is why I have made my statement that I did last week to Power Alternatives. COUNCILWOMAN HUSSIE: Not as much frustration as it is puzzlement, actually puzzlement. This thing has been going on for six weeks, and now we are ready, we said, yes, we are right there ready to do it, and suddenly pull back the reins, and we have to stop for a reason. Why? Because it is going to cause more business to come into town? That is a dream, or a nightmare. I don~t know, how does everyone else feel? SUPERVISOR COCHRAN: I feel you go through the process, legal manner, the manner we are supposed to go through, and SEQRA is an important part of this whole process, and I feel we start the process of SEQRA immediately, and then follow our steps as we should. COUNCILMAN ROMANELLI: The SEQRA process that Greg, you can argue them on the other side, too. I mean they are suggestions, they could happen. You could completely make a strong argument that it is not going to bring more business, that your zoning and your planning. SUPERVISOR COCHRAN: The process will show you that. COUNCILMAN ROMANELLI: What, another study? The Environmental Impact Statement, which is a study. COUNCILMAN MOORE: John, just .weighing in with a little bit. If you want something to stick, and you want to assure yourself, that you have not given your opposition that Is oUt there something to grab on to, SEQRA is one place where the courts are much more respectful of. The Boards are stopped, looked, and examined, and then taken their action versus those that have sidestepped, or said, oh, we don~t thik, and others come back and say, hey, wait a second, .that warranted what they call the hard look, and you didn't give it. That is the only concern~ I am not saying whether it should, or shouldn't: have, which way you: want to go' on it in that respect, but having done it, you can't be faulted with having done it. We hired these guys, what last fall? TOWN ATTORNEY YAKABOSKI: Last December. COUNCILMAN MOORE: Okay, .and they were late in getting their report to us, and everyone is trying to race a perceived deadline. TOWN ATTORNEY YAKABOSKI: And regarding the fact that commercial and residential development might come in, this is what they stated in their own feasibility report. This is where a lot of the bases came from, on page six, attracting more commercial investment development in the town as desired, increasing property values, and stimulating the commercial and residential real estate sector~. So, that is the first step in SEQRA. That is the impact. That is a perceived impact, and then you look at the criteria, which are listed in 617. C, and you look at that, and it starts showing.. COUNCILMAN ROMANELLI: Public water could do the same thing. TOWN ATTORNEY YAKABOSKI: Absolutely. COUNCILWOMAN HUSSIE: Did the Suffolk County Water Authority do it? COUNCILMAN MOORE: When they took over Greenport they did.. They did a full DEIS. I read it. I don~t know if the extension has gone to, but I know they did it on the acqUisition. COUNCILMAN MURPHY: Really reading this, .and this, LIPA would have to give us a statement to reduce the rates by 20%. COUNCILMAN MOORE: Interesting enough, i was doing some research over the weekend. LIPA, actually, because they are a State Authority were granted a New York State Legislative exemption. COUNCILWOMAN HUSSIE: There you go. COUNCILMAN MOORE: There you go, but that is the point. State Legislature sits there and exempts itself from the laws to which it puts everybody through, and we have to adhere with it, and they give themselves an exemption. COUNCILMAN MURPHY: I don~t see where this is going to affect. It is an existing system. It is already here. The zoning Is in place. I don~t see. Now it would be a 20% decrease, because we are already getting twenty from LIPA, so what we are looking at is 20% more decrease. The way our zoning is right now, it is not going to change. COUNCILMAN MOORE: My question is what is the harm of doing the process then? If there is not time critical deadline here, that what we are not racing against some closing statement, we are not racing against some legislation. COUNCILMAN MURPHY: In other words, justification for taking a Negative Dec on it. TOWN ATTORNEY YAKABOSKI: When I first looked at lt..these are just my recommendations that I gave to the Board. When I first looked at it, when we talked about it, and just take note of the sys[em, and then started talking to different people, and started looking again at the feasibility report, and looking at perceived impact, and that, and you JUNE 1, ~98 337 know, there is a line between Riverhead and Southold, you have rates. What that might do, especially with a lot of open land, undeveloped land, that is still out here, that is both zoned commercial and residential, that is kind of why I came to my conclusions. My initial feeling exactly as you pointed out, and that is as Alice pointed out, which Is all we are doing is taking over the system. COUNCILMAN MURPHY: At that rate, Greenport shouldn't have a bit of land left in it. It has been less than half of our rate for how many years? There shouldn't be a piece of land left in Greenport if you take that logic. SUPERVISOR COCHRAN: I think you are focussing on just one point. There are more points than just that it will increase business. I don~t know if it is going to increase business or not, but certainly a DEIS is going to show you that. It Is going to give us answers we. don't now have. COUNCILWOMAN HUSSIE: And you won't have them later'. You don't know what~ business Is going to do, and according to this if I sneeze I need to do a SEQR thing, because It says it is creating of a hazard to human health. TOWN ATTORNEY YAKABOSKI: Another factor which came into play was, I know a lot of the Board members have talked about, hey, it would be nice if all power lines were underground, and currently I know our Planning Department requires that any developments that the power lines be underground. That has a lot of aesthetic value. You know you drive down the road. One thing that Power Alternatives was mentioning at one point when~ they were here, was the fact that potentially there are companies that are out: there, that can come in and lay a whole new system. So, when you are I~oking at purchasing existing (tape change) I also do' knoW there are environmental factors put into play. COUNCI.EWOMAN HUSSIE: Of course there is an environmental factor. As you recall that feasibility study laid out a number of different ways to acquire the company, a number of different ways to run the company, a number of different goals, or possible goals. You yourself said, well, they have everything in hera, so that we can go either way. That is what we wanted to do. Now, suddenly that is being turned against us. COUNC;ILMAN MURPHY: In that situation, let's make the determination at some.!point .down the road to put the stuff underground, because it was a definite environmental consequence, digging up. TOWN YAKABOSKI: The current plan would probably have to change . an amendment to the current resolution to allow a co. mplete?lf you didn't purchase all of the existing transmission and diStributions lines, instead Went with a third party different company, they put everything underground you would probably have to amend the plan. thing to finish up on SEQRA in general, just because you go thro t½e process and there is a Positive Dec, and an Environmental is required, that doesn't mean that the project doesn't go means, all SEQRA was trying to do in legislature was ~when various boards, including this board, were sitting runs, weighing decisions on different actions, that an be taken, that this decision of land use would also factors into the consideration. That Is why in this case when the Board of Appeals overturned it, and the Division overturned they went back to square one, because they said. the people had to vote they deserved to have all the envir factors before them. They might stilil come out with the exact same~ vote. if they had done SEQRA this case could have gone right for. ward. Nobody could have annulled it. The factors were before the pe vote was the same still. You never would have had to g happened in this particular case. active here action brln pa SUPERVISOR COCHRAN: :Alice, you said the last administration did not move on .this at all. I feel that we have been moving. I think we have been movir{g. We have had this firm on board what, less than a year? COUNC;ILWOMAN HUSSIE: We have gone through them, and we still are not any place. SUPERVISOR COCHRAN: We are moving, though, and SEQRA is a part of that moving. I just feel that we should start that SEQRA process. I don~t know exactly how long it will take timewise. COUNCILWOMAN HUSSIE: That means we have to go out to Kramer, and Vorhis, and somebody, and get this, and do the other thing, and wait, and it will be another six weeks, eight weeks, ten weeks, maybe it will be three months. SUPERVISOR COCHRAN: It is a good idea, it will still be a good idea six weeks from now. TOWN ATTORNEY YAKABOSKI: As I say, that was just simply my recommendations to the Board as preparing, and looking It over, that type of thing. As I stated in the beginning, Supervisor, it could have been done at the turning point-but.. I just want everybody to know. SUPERVISOR COCHRAN: This is an important thing for the community of Southold, and I think that people should hear as much as they can. Alice has worked very hard on this project, and we ask you to be just a little bit more patient, Alice, and let's take each step and do it, so that when the lawsuits cOme down we have certain protections..Let's keep moving in a forward directiOn. COUNCILWOMAN HUSSIE: In the spirit of bitterness I wonder how long it is going tO be, what is going'to be the thing to hold it up the next time. SUPERVISOR COCHRAN: We will move it as quickly as we can. I was also asked to express. Councilwoman Evans position on this,: and she did sign a waiver, SO that we could meet without her today, bu~ she is against the resolution at this time, and she wants Fishers Island completely out of the process, so I have done her: bidding, and I have relayed this Information. She also shared it with the Town Attorney. Okay, it is up to the Board. Do you want to present the resolution and vote? Do you: want to hold itt COUNCILMAN ROMANELLi: Do we need a resolution to go forward on a full SEQRA? TOWN ATTORNEY YAKABOSKI: On that, if it is okay with the Board, I would like to again consult with the environmental consultant and the Planning Department. I believe that is strong case for a Type I Coordinated Review. That means that we would rescind the earlier resolution because it is going to be an uncoordinated review. I thought it was just simply an unlisted action, when I spoke last time. An uncoordinated review more agencies are involved. I am waiving on that. I think that has been held until the next Board meeting as to the type of action, and the type Of review, that would be my suggestions. COUNCILMAN MOORE: I offer the resolution that we retain the services of Nelson, Pope and Voorhis, which is the Environmental Consultant, to perform whether it is the Long Form EIEF, make a decision on negative and positive dec, and go from there. Whatever step you are at with the material you have presently, that we retain them to perform that service. COUNCILWOMAN HUSSIE: We are going to do that. We are not going to take a vote on the present thing. We are just going to let it slide, is that right? SUPERVISOR COCHRAN: Alice, this is your resolution. As Chairman you were going to present the resolution. You may still present it, and we can vote on it. Is that what you are saying? COUNCILWOMAN HUSSIE: I am asking. You are the Chairman, Madame Supervisor, or the one pulling the strings here. What are we going to do about this? Are we each going to put up our reasons for not doing it, or are we just going to .let it languish in the gutter; and move on to something else. SUPERVISOR COCHRAN: I have just asked, would you like to present your resolutions, and we can vote on it, otherwise the Board can take the direction, i do have a motion on the floor at this point. I don~t have a second yet, but I do have a motion on the floor. I can ask Bill to rescind his motion if you would like to present yours. We will vote on it. If it is. a positive vote, then you are voting to move ahead without doing the full SEQRA process. If it is a negative vote, then I will entertain Billls motion to hire Voorhis, and we will go in the direction of an environmental study, SEQRA. COUNCILWOMAN HUSSIE: Okay, then I move that the Town Board at this time creates a .. TOWN ATTORNEY YAKABOSKI: If the Board is then going to go prior to your resolution, suggest that prior to making a resolution, make a resolution for a Negative Dec SEQRA, then make your motion. COUNCILWOMAN HUSSIE: Did we do that last Tuesday? TOWN ATTORNEY YAKABOSKI: It was lead agency. Prior to making a finding, make a finding on Negative Dec and the reasons, and then the resolution. COUNCILWOMAN HUSSIE: I move the Town Board declares this action of creation of Southold Electric Utility having a negative impact on the environment. How you do that? TOWN ATTORNEY YAKABOSKI: There are two things. One is a Type I, or unlisted, and then the Negative Dec. The only reason for a Type I is that, I did have a clear answer on this one, 'is that if the action occurs wh.o. ll.y with the parcel within, or substantialiy indigenous to any historic building~ structure, facility, site, or prehistoric site as listed on NatiOnal Register .of Historic places, or has proposed by New York State on Historic Preservation for recommendation to the State Historic Preservation Office for nominal. I didn't know the answer to this, and talking to the Planning Department it was thought that Fort Corchaug falls under ~ha~ I don't Enow the answer. That would be the only reason for a Type · not, it Would be an unlisted action. COUNCILWOMAN HUSSlE: Instead of trying to figure out these things out of my head. You know you often take an informal poll. Let's do an informal poll. SUPERVISOR COCHRAN: Okay, we can do that. COUNCILMAN MURPHY: Take an informal poll, on what? SUPERVISOR COCHRAN: On a negative dec. COUNCILWOMAN HUSSIE: Why don~t you do it on the establishment? SUPERVISOR COCHRAN: Okay, letEs do it on the establishment. I have no difficulty with that. COUNCILMAN ROMANELLi: My only problem is with all this discussion we had today. We have given the attorney, who want to sue the town if we go forward all the ammunition they need. We have given them the argument to sue us. Right out here in the public meeting, so we would really have to.. SUPERVISOR COCHRAN: Okay, do you want to know where the chips fall? TOWN ATTORNEY YAKABOSKI: I suggest to the Board, if we do the informal call first as to an unlisted, I think it clearly unlisted, only vote whether it is a Type I or not, and then after that it would be a negative* or positive dec. SUPERVISOR COCHRAN: negative? Okay, let's do this poll, and this is on the TO. WN ATTORNEY YAKABOSKI: Unlisted, or Type I, you have to declare which type of action. COUNCILWOMAN HUSSIE: I just wanted to know where everybody stood, and I guess I know where everybody stands. SUPERVISOR COCHRAN: I am holding it. I am going to go through the process, and I. am going to continue with the process, but I am going to do it the correct way~ and that is doing SEORA first. I am holding. I am not moving ahead with the resolutions today. That is where I stand. Bill? COUNCILMAN MOORE: I am in agreement. I am ready to go to the next step, which is do your resolution declaring it an unlisted action SEQRA. We already are the lead agent, and then we authorize the hiring of Nelson, Pope, and Voorhis to perform the necessary environmental review. SUPERVISOR. COCHRAN: Alice? COUNCILWOMAN HUSSIE: Okay. SUPERVISOR COCHRAN: Okay, what? COUNCILWOMAN HUSSIE: Let's go ahead with the full SEQRA thing. Gentlemen, I would still like to know your feelings. COUNCILMAN ROMANELLI: I agree with you at the moment on this point at this stage that we need to hold it. COUNCILMAN MOORE: Just by way of understanding what I am talking about. We didn't sit here, and I didn't just suggest that we just positive dec thls thing. I simply ask that we hire people to prepare a long form EAF. The attorney had one from Power Alternatives. Let them prepare a Long Form EAF. If you decide having read that, and you ask them these very good questions about this type of, which are an existing thing, it is really a debt obligation as opposed to building new lines, and that kind of stuff. These guys do this all the time. Let's get their opinion on what type declaration is appropriate. You. have a long form EAF filled out by a designated environment consultant, you are not going to be, as far as we are talking about our legal advise, and our positions to the public you can't be faulted for having a designated person sit there and assist you in preparing the environmental review on a long form. SUPERVISOR COCHRAN: Okay, I will entertain your resolution, Bill, once again. Would you like to repeat it? .-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold declares the formation of public utility service for electric and' gas as unlisted actions of SEQRA, and engages the services of Nelson, Pope and Voorhis, Environmental Consultants, to perform an environmental review process, and to prepare the Long Form Environmental Assessment Form. .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, SUpervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Our next order of business relates to Cablevision. Alice, would you share this with the group. COUNCILWOMAN HUSSIE: The Board probably knows that over the last January we had received many, many complaints from cltJzens in Southold concerning the rate increase. They did what they thought they were supposed to do, which was to make their complaints to the Department of Public Service. That done, we then have to get involved with the FCC. In March, I wrote a letter to the FCC saying, that on January 1st Cablevision raised it's cable user rates, and the Town of Southold has gone on record to protest this unwarranted 'increase. The Town of Southold, the franchising authority has received at 'least two consumer complaints concerning this increase, and therefore filed it's rate complaint with the FCC. The Town further notes the clause on complaint process established by Congress. The practice of sending rate increases and basic service to the State Public Service Commission, while sending rate increases in higher levels to the FCC, presents the cable companies with the perfect opportunity for slight of hand. High plan rate increases, Or decreases, In different levels of service against each other, they can mask unfair rate increases with opportunity for a comprehensive review. That was in March 30, 1998. Last Thursday I got a phone call from Mr. Gary Ramandeno from the FCC saying that I had followed the'wrong process, and what all this explanation that they sent to the people who complained rea!ly meant was that we had to fill out a form. and we have 180 days m which to do that, so we are okay on that score except if you follow 180 days from January 1st it brings us to June 30th. Also, in the instructions for this it says, that we have to give our complaint, fili out on their form here, two pages worth of form, and send it to Cablevision. But, before we can do that we, as a Board, have to decide that we have received these complaints, and we are following their steps, that indeed, the resolution says that the increase took effect and we received the complaints, and it effects two tiers of service as a franchising authority. So, I have gotten this, and I do believe the form has been filled out to be sent, and it just requires that you agree that this kind of thing should be done. There is an interesting little fli.P in here, though, and that is that we have 180 days, but tl~e Cablevlsion peOple have 30 days, at least, 30 days to get their reply back to means that they would have to get their reply back us to comply with the 180 days. I don~t know why I.ast minute to let me know, because he has had th's for three months. It ~s such a Catoh-22 :situation. It is absolutely Joseph Hiller. He'is probably sitting here: somewhere. 2.- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold as the franchising authority dealing with Cablevision, hereby determines that the increase instituted by Cablevision, Inc. of R|verhead took effect no more than ninety days before the subscriber complaints were received, and that the: increase pertains to the cable programming services tier(s). 2.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Resolution #3 in relation to Fishers Island, rescinding the hiring of the mosquito course over there. 3.- Moved by Councilman Romanelli, seconded by Supervisor Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution #13 of May 26, 1998, Southold Town Board meeting which reads as follows: Resolved that the Town Board of the Town of Southold hereby appoints Megan Gallaghan, Kristin Unfried, and Katherine HolbroOk, and Lasser O'Callaghan as technicians under the Fishers Island Safe BTI Mosquito Control Program, effective May 16, 1988 through October 10, 1998 at a salary of $6.50 per hour, total expenditure not to exceed $8,500 for the 1998 season. 3.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Resolution to hire three of the people with the job, and their salaries. ~.-Moved by Councilman Murphy, seconded by COuncilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby' appoints the following individuals as Technicians under the Fishers Island Safe BTI Mosquito Control Program, effective May 16, 1998 through October 10, 1998, at the following salaries total expenses not to exceed $8,500 for the 1998: Lasser O'Callaghan $ 6.50 per hour Megan Gallaghan & Katherine Holbrook 8.00 per hour Kristin 'Unfried 10.00 per hour 4.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: May 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 11: 0u, P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore~ Councilwoman Hussie, Supervisor Cochran. This resolUtiOn was duly ADOPTED. Elizabeth A. Nevill~ Southold Town Clerk