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HomeMy WebLinkAboutTB-05/02/19954¸1 SO~TBOLD TOWN BOARD MAY 2, 1995 WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9:10 A.M. - Officers of the South0!d Town Promotion Committee met with the Board to bring them up to date on their plans and goals for 1995: Richard Noncarrow, Transitional President, Jerry Moore, Assistant, Gail Marriner-Smith, Director, and William Moore, President of the'Mattituck Chamber of Commerce. In 1995 the Committee received $30,000 in Town funds and raised an additional $25,000. The 1995 grant is $28,000, and they are in the process of raising additional funds. 9:40 A.M. - The Transportation,~Committee's sub-committee on Trails met with the Board: Neb Brashich, Victor Brown, Bob Bayley, Margaret Brown, Barbara Michelso, n, and Senior Planner Valerie Scopaz. They presented the Board with their "Seaview Trails of the North Fork", an action plan for bicycling, hiking and kyaking trails in Southold Town, which will enable a traveler to go from Mattituck hamlet center to the extreme tip of Orient Point in safety and with the necessary amenities. The trails will offer a safe trip by being off-road and off main roads whenever possible, and will utilize existing paths, dirt tracks, secondary roads and roads with wide shoulders wherever possible. Phase #1 consists of projects which have been selected because they are readily achievable at low cost and are in some ways prototypes for segments to follow., The entire estimated cost for the five projects of Phase #1 is $34,000. The committee asked the Town Board to allocate the money so they will be able to start the projects. It was determined the money will be taken from the Parks & Playground fund, and a resolution (20) was placed on the agenda to allocate the funds, and a budget modification to the General Fund (43) to transfer the money to the pt~oper~part of the 1995 Budget. 10:15 A.M. - Jim Heffron, Chairman of the Committee on Local Taxes, appeared before the Town Board to discuss the committee's.~,proposal to develop a "Blueprint for Reducing Cost of Town Government" through (1) employment matters, (2) "rightsizing Southold Town goverment, (3) streamline town government to maximize efficiency and performance; (4) privatization of services, (5) budgeting - would other municipal budgeting tech0jques help Southold, (6) elected v. appointed positions, (7) town cooperation with other taxing entities - desirable? feasible? The Board agreed that the Committee on Local Taxes should begin work on most phases of their proposed "blueprint". 10:55 A.M. - Joseph Gold and Police Chief Stanley Droskoski met with the Board. Mr. Gold reported that the recently completed Management Analysis of the Southold Town Police Department concluded that management reports are required to identify workload and to permit analysis of overtime needs. Mr. Gold further analyzed the workload data, and the results, in his opinion, still supports 24 police officers, with three-man squads in off-season, and four-man squads during peak season. Chief Droskoski maintained, as he has in the past, that there must be a minimum of four- man squads year round, taking on the Greenport Village territory has only increased the burden which is a minimum with the four-man squad. He said that morale is lower than it has ever been, and due to the shortage of police officers they are merely responding to calls, not initiating new work.----Supervisor Wickham asked 42 MAY 2, ~995 the Board members if they would purchase a fully-equipped Greenport police car. It is fairly new, was purchased for $16,400, and Mayor Kapell will sell it to the Town for $13,000. He was asked to see if he can get it for a lower price.----The Board discussed proposed NYS leg~islation to increase the number of candidates that may be considered on a civil service list from three to ten, and placed a resolution (21) on the agenda to support the legislation.----Town Board abolished the current Board of Ethics (resolution no. 22), and created a new Ethics Board under the new Code of Eth'cs, and appointed three new members (resolution no. 23).----Town Board placed a resolution (24) on the agenda to appoint Diane Chituk as a Tax Receiver Clerk.----Data Control Supervisor Jeanne Ruland met with the Board to discuss the part-time position of Computer Equipment Operator. There were a few applicants, but not as qualified as anticipated, and Ms. Ruland asked the Board to readvertise (resolution no. 25).----Appointed Edward Forrester as Town Investigator (resolution no. 26).----Set 3:30 P.M., Tuesday, May 9th to interview applicants for Home Health Aide and one applicant for Transportation Committee. EXECUTIVE SESSION 12:10 P.M. - On motion of Councilman Lizewski, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Coundilwoman Oliva, Just'ice Evans. ----The Town Board discussed hiring police officers and appointment to the Planning Board. A resolution (27) was placed on the Regular Meeting agenda appointing Willlam Cremers. Also discussed was possible settlement with one of the former Greenport Village police officers on the civil service preferred list. 12:30 P.M. - Recess for lunch. 1:40 P.M. Solid Waste Issues: Town Board reviewed the bids for the Fishers Island Metal Dump reclamation proiect, and agreed to award the contract to Tri-S (ENSA) (resolution no. 28).----(Solid Waste Coordinator James Bunchuck present during the following discussions.) .... Town Attorney Dowd reviewed with the board the requirements for applying for a Iow interest loan to the New York Er~vironmental Facilities Corporation for the Fishers Island Metal Dump reclamation project. The project would qualify as a water pollution control measure. A resolution (29) was placed on the agenda authorizing the execution and filing of the application.---- Councilwoman Hussie brought before the Board the question of the temporary transfer station permit which expires on October 8, 1995. She asked that Dvirka & Bartilucci be contacted to determine whether there is any benefit to having a registered facility, and what is 'the likelihood of having an alternate Site for recyclables by October 8th,----Jim Bunchuck made a presentation to the Board on the question of reducing the brush brought into the-Disposal Area from $70.00 per ton to $40.00 per ton. The current Town cost to manage brush is less than $20.00 per ton, and a lower tipping fee will result in recapturing the landclearing materials that currently are being taken out of town to other facilities (see resolution 30),---- Supervisor Wickham reported on, his April 24-25 meetings in Albany for Town Lobbying Day, which provided many opportunities for dialogue with key legislative leaders and committee chairmen on numerous issues. 2:40 P.M. - Planning & zoning Issues: Discussed a proposed "Local Law in Relation to Beach Parking" and the need for allocating $6,000 for the signage which 'will be required after enactment of the law. A resolution (31) was placed on the agenda to hold a public hearing on this Local Law at 5.'.00 P.M., May 15th.----Another Local Law, "A Local Law in Relation to Parking", which will also restrict parking at road ends, as will the previous one, was scheduled for a public hearing at 5:05 P.M., May 15th {resolution no. 32).----Planner Melissa Spiro met with the Board to review the Planning Board's comments with regard to a proposed "Local Law in Relation to Lot Creation and Merger". This proposed law was sent to Code Committee for redrafting.----A letter was received from the attorney for the Depot Enterprises, Inc. petition for a change of zone advising that the applicant would like to amend his application to include his adjacent parcel, and to amend the zoning request to Hamlet Business, as suggested 'by 'the Planning Board. Based upon the foregoing, the Town B~ard placed a'resolution (33) on the agenda to accept the amendment to the petition, and a second resolution (34) to se~. a public hearing for 8:00 P.M., May 30th.----Councilman Townsend reported on the Planning & Zoning Committee's recent tour of commercially zoned property on and adjacent to Route 25 from Laurel to Greenport. The purpose of the tour was to assess the potential impact :of the proposed 100 ft. setback on existing properties in B, LB and LIO zones, and to get an impression of how much undeveloped commercial property exists on this road and to evaluate the appropriateness of the designated commercial zones. Maps highlighting the aforementioned zones were distributed to each Board member. 3:30 P.M. Supervisor Wickham"advised the Board that Greenport Village Mayor Kapell proposes abolishing the Greenport Justice Court earlier than the date on which Justice Boyd's term expires in April, 1997. In order to do this, special NYS legislation will be required, and Assemblywoman Acampora has asked whether the Town of Southold will be prepared to pick up those responsibilities in the Town of Southold Justice Court. Supervisor Wickham presented a prepared resolution to the Board members for consideration, and after corrections and additions, was placed on the agenda for a resolution (35).----Justice Evans brought to the Town Board the question of the Community Service Sentencing Program. Justice Tedeschi would like a reaffirmation of a 1981 resolution permitting the judges to sentence defendants to community service at any one of the Town's departments. Currently they are pretty much restricted to assigning people to the landfill and a few to the Senior Program in Mattituck. Justice Evans will ask for additional input from the other Town Justices.----Memorandum for Superintendent of Highways Jacobs advising that the budget he submitted for dredging Goldsmith's Inlet and carting the material to Kenny's and Southold Town Beach for beach nourishment was cut during budget oreparation time from $5,000 to $3,'000. That amount does not cover the cost the project, even with him absorbing the labor responsibility. The Board agreed to a budget modification to provide sufficient funds for the proiect (resolution no. 36) .----Jeanne Ruland, Data Control Supervisor, met with the Board to discuss a second request for RFP's for computer upgrade, and this time opening up the field to consultants and vendors who have consultant groups (resolution 37).---- Councilwoman Oliva reported that .an agreement has been reached between the Town and the DEC for an exchange of boat ramps at Sandy Beach Road and Norman Klipp Park. A resolution (38) was placed on the agenda to authorize Supervisor Wickham to execute the agreement.--~-The Board reviewed a proposed resolution, submitted by Councilwoman Hussie, requesting the I~IYS Legislature to amend the Public Authorities Law to provide for the exercise of municipal' eminent domain powers, which would better enable the Town to evaluate whether it should develop a plan for the provision of community-based electric power (resolution 39).----Zoning Board of Appeals member James Dinizio met with the Town Board to discuss the ZBA's opinion on the proposed McDonald's in Mattituck. 5:00 P.M. - The Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. EXECUT'VE SESSION 5:15 P.M. On motion of Councilman Townsend, seconded by Justice Evans, it was Resolved that the Tbwn Board enter into Executive Session to discuss personnel, possible litigation, settlement agreement with Jdhn Schott (resolution 41), and appointing police officers [resolutions 42 & 42(a)]. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Cou. ncilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney :Dowd; 6:10 P.M. - Work Session adjourned, 44 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on May 2, 1995, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened, the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans ToWn Clerk Judith T. TerPy Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: :Do I'"hear a motion to approve the bills? Moved by Councilwoman, seconded by Supervisor Wickham, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $47,951.52; General Fund Part Town bills in the amount of $883.51; Community Development Fund bills in the amount of $1,288.60; Highway Fund Whole Town bills in the amount of $4,652.71; Highway Fund Whole Town $4,674.84; 'Tractor & Payloader Capital bills in the amount of $850.00; Employee Health Benefit Plan bills in the amount of $47, 543 ~ 55; E-W Fire Protection District bills in the amount of $150,000.00; Fishers Island Ferry District bills in the amount of $8,006.46; Refuse & Garbage District bills in the amount of $92,782.59; Southold Wastewater District bills in the amount of $613.50; Fishers Island Sewer District bills in the amount of $164:95; Southold Agency & Trust bills in the amount of $5,456.70; Fishers Island Ferry District Agency & Trust bills in the amount of ~605.03. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wlckham. This resolution was duly ADOPTED. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the minutes.,of, the April 18, 1995, Town Board meetin9 be and hereby are approved. Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman HussJe, Supervisor Wickham. This resolution was duly ADOPTED. Councilwoman Oliva, Councilman Lizewski, SUPERVISOR WICKHAM:' We Have a full agenda tonight with forty-some resolutions, which we're going to try to move right through, so that we can get the bulk of them finished, by eight o'clock. Then we have four public hearings, one on a proposed annexation for property adjacent to Greenport, a "Local Law in Relation to Architectural Review", one on Site Plan Approval, and one on Retirement Incentive, that's available to the town. I draw your attention, also, to.a letter that we received under communications from Ron Morlzzo, a local builder, who is donating and planting a cherry tree on Silversmith Corner here, in memory of the children who lost their lives in the bombing of that building in Oklahoma City. I think the Board extends it's appreciation to him for that. We undertook many items of discussion in our Work Session today. I don't think I'm going to try to characterize any of that, because it was quite lengthy, and I think we've got a large agenda on our plate for tonight. Moved by Councilwoman Hussle, seconded by Supervisor Wickham, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Monday, May 15, 1995, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. I. REPORTS. 1. Southold Town Community Development Report for March, 1995. 2. Southold Town Building Department Monthly Report for April, 1995. II. PUBLIC NOTICES. 1. U.S. Corp of Army Engineers, New York District, Supplemental Public Notice announcing a proposal to reissue a Regional General Permit to continue to authorize the construction of certain non-commercial mooring structures in navigable waters of the United States with the geographic boundaries of Nassau and Suffolk County. Comments to be received by May 12, 1995. 2. New York State Department of Environmental Conservation, application of Louis Bacon to restore South Pond. Principal to this effort will be the excavation of phragmJtes and the planting of freshwater wetland vegetation in the vicinity of the pond. Restoration of upland areas will also be taking place, not the least of which will be the removal of dead trees and catbriar to create a meadow. The project Js located on Robins Island, New Suffolk, New York. Comment must be submitted by May 11, 1995. III. COMMUNICATIONS. 1. Ron Morlzzo wishing to donate and plant a cherry tree at. Silversmith Corner, Southold, in memory of the children lost in the devastating bombing of the Federal Building in Oklahoma City. IV. PUBLIC HEARINGS · 1. 8:00 P.M., on the matter of the application of Marion Geler to annex a parcel of property to the territory of the Village of Greenport. 2. 8:05 P.M., on a proposed "Local Law in Relation to Architectural Review". 3. 8:10 P.M., on a proposed "Local Law in Relation to Site Plan Approval". it. 8:15 P.M., on a proposed "Local Law in Relation to Retirement Incentive". V. RESOLUTIONS. SUPERVISOR WICKHAM: At this time if there is anybody in the audience, who would like to address the Board on any of the resolutions, that we are about to take up? We'd- be pleased to hear from you. Yes, sir, Mr. Carlln? FRANK CARLIN: Frank Carlin, Laurel. Item #2, what do you mean by that 1//~% sales tax? SUPERVISOR WICKHAM: There is a 1/4 of 1% sales tax monies, that goes to Suffolk County. Suffolk County, in turn, makes them available to the Town, returns them to the Town for specially designated projects. Landfill capping is one of those projects. FRANK CARLIN: Number 9, what road item? What kind of road item are you talking about? SUPERVISOR WICKHAM: Asphalt and road surfacing materials. FRANK CARLIN: Okay, number 12, medical consultant, what do you mean by Medical Consultant? What is he going to do? SUPERVISOR WICKHAM: The Town of Southold is engaged in efforts to get all of our active Policeman back on the road. Sometimes we need to have medical test conducted, That's what this item is for. FRANK CARLIN: Oh, that's why you need a Medical Consultant. Item 21, is that the same as number 22? SUPERVISOR WICKHAM: I think they're different. They're entirely different. 6 MAY 2, 1995 FRANK CARLIN: What does it mean by that? What does that mean there, Civil Service? SUPERVISOR WICKHAM: Number 21 refers to a bill that has been put up in the New York State Assembly, and also, the New York State Senate, which basically says, that Towns and Counties should be free to select from a Civil Service list for eligibles for a given position from amongst the top ten on that list, rather that just the top three. In the past, we've b~en limited to just three. This bill, that's currently pending before the Senate and the Assembly would liberalize the rules and allow towns to hire from amongst the top ten. FRANK CARLIN: But nothing is passed yet? SUPERVISOR WICKHAM: They~.Fe looking to the towns and the counties for endorsement before they enact it. FRANK CARLIN: I've got one more. Number 35, taking over, if necessary, the Greenport Justice System. Have you discussed on how we'll take that over, or what will happen here in case of,. for example, if a traffic violation is stopped in Greenport by Southold Police Departme,nt, will that fine in court wherever it goes to, will go to Southold, or will it go to Greenport Village? SUPERVISOR WICKHAM: Under this proposal, everything would be handled in Southold, and it would come to Southold. Is there anyone else who would like to address the Board on any one of these forty-some resolutions before us tonight? (No response.) If not, I think we're ready to start. 1.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants Senior Assessment Assistant Claire Glew a maternity leave of absence, effective May 19, 1995 through October 2,~ 1995; Ms. Clew will work approximately one day a week beginning at the end of June. 1.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2.- Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby allocates 1/4% Sales Tax for Landfill Capping totaling $61,300 for 1995 for debt service relating to the Serial Bond issued for the Hydrogeological Investigation at the Town's Cutchogue Landfill; and be it FURTHER RESOLVED that the Town Clerk is hereby directed to forward a copy of this resolution to Suffolk County Executive Robert J. Caffney. 2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wic kham. This resolution was duly ADOPTED. 3.- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town. Board of the Town of Southold hereby modifies the General Fund Whole Town 1995 Budget as follows to appropriate a portion of the savings as a result of the full time employee anticipated to be out on maternity leave for an increase in the remuneration to the Board of Assessment Review: To: A1355.1.300.150 Assessors, Board of Assessment Review $ 880.00 From: A1355.1.100.100 Assessors, Full Time Employes $ 880.00 3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MAY 2, 1995 4.-Moved by Councilman Lizewski,seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole town 1995 Budget to provide for the new copy machines at Town Hall: To: A1670.2.200.500 Central Copying, Copy Machines From: A1670.4,400.600 Central Copying, Equip. Maint;/Repairs A1670 . 4.100 . 200 Central Copying, Copy Machine Toner A1670 . 4.100 .100 Central Copying, Copy Machine Paper 4.- Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, C0t~ncilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. $ 8,150.00 $ 6,475.00 360.00 1,315.00 Councilwoman Oliva, Councilman Lizewski, 5.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Special Counsel Richard J. Cron to accept the proposed settlements for the following certiorari proceedings, all in accordance with the recommendation of Mr. Cron and the Southold Town Board of Assessors: Roosevelt Saving Bank 1000-55-5-7 235 Mill Street 1001-4-9-7 James L. & Peter Gray 1000-114-12-2 5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.- Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the T0wn'B0ard of the Town 'of SoUthold hereby authorizes payment of $140.00 to the Traveler-Watchman for a Memorial Tree Program ad for the Tree Committee, payment to be made from the Tree Committee's 1995 Budget. 6.- Vote of the Town Board: ..... Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew Stype, Certified Real Estate Appraiser, to conduct appraisals on behalf of the Land Preservation Committee, at a total fee of $2,000.00, of properties ' of: Thornton E, Smith, Bergen Avenue, Mattituck, N.Y. (Tax Map No: 1000-121-1-1.1), approximately 37 acres; and John A. Sepenoski, Old North Road, Southold, N,Y. (Tax Map No. 1000-5~-3-24.1), 51 acres. 7.- Vote of the Town Board: Ayes: Justice Evans, CounCilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 8.- Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant Joseph Conway and Public Safety Dispatcher Iii John Raynor to attend the Business Records Corporation user group meeting concerning operations,.and updates of the Police Department's public protection computer software (CAPPS), to be held in Hyannis, Massachusetts on May 18 and 19, 1995, and the necessary expenses for lodging, meals and travel, using a Town vehicle, shall be a legal charge to the Police Department's 1995 Budget. 8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 8 MAY 2, 1995 9.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Sotuhodl ehreby authorizes and directs the Town Clerk to advertise for bids for the following road application items for the Super!ntendent of Highways, all in accordance with the bid specifications: 1. Polymer modified bituminous single course application. 2. 50% MC 250 and 50% RC 250 liquid asphalt application with sand. 3. RC 250 liquid asphalt application with stone. 4. Purchase and application of asphalt road materials. (Grades RC-2 and MC-2) 9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, L;ouncilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WlCKHAM: Number 10, an authorization for typewriter maintenance, we're holding for tonight. 11 .- Moved by Councilwoman Hussie, seconded by Justine Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc. for supplying the Superintendent of Highways with a 1995 Jeep Cherokee Sport at a net bid price of $15,180.00 all in accordance with the bid specifications. 11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman ToWnsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.- Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RES~)LVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1995' Budget to appropriate funds for a Medical Consultant: To: A1010.4.500.400 From: A1010.4.600.300 12.-Vote of the Town Town Board, Medical Consultant Town Board, Travel Expenses Board: Ayes: Justice Evans, $ 1,500.00 $ 1, $00.00 Councilwoman Oliva, Councilman Lizewski, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. 13.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay medical claims on behalf of town employees Craig Geier, Judith Terry, and Joyce Wilkins, which claims were submitted more than 90 days after the date of service by the providers, Radiological Health Service and Metpath, Inc. 13.-Vote of the Town Board: Ayes: Justice 'Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. l q.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of John E. Page, member of the Landmark Preservation Commission, effective April 17, 1995. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 15.-Moved by Justice Evans, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to advertise for membership on the Landmark Preservation Commission to fill the unexpired term of John E. Page to April 5, 1996. 15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board 'of the Town of Southold here grants permission to Raymond Cleaves Post 861 American Legion, Mattituck, N.Y., to use the following Town roads for their Memorial Day Parade, beginning at 9:30 A.M., Monday, May 29, ..1995: Wickham Avenue, Pike Street, Marys Road, Maple Lane, Westphalia Road, Sound Avenue, Pacific Street, provided they file with the Town Clerk a One Milllon Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Husste, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Supervisor Wlckham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1995 Budget to appropriate funds for the settlement of litigation: To: A1~20.u,.500.200 Town Attorney, Legal Settlement - Police $ 6,000.00 From; A3120.1.100.100 Police, Full Time Regular Earnings $ 6,000.00 Vote of the Town Board: Ayes: JUstice Evans, Councilwoman Ollva, Councilman Townsend, Supervisor Wickham. ..No: Councilwoman Hussle, Councilman Lizewski. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: I can't agree with this action. It flies in the face of logic, and I think there's a'i~ig quesUon of legality. 18.-Movea by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southoid hereby authorize the following modifications to the 1995 Solid Waste District Budget: To: SR8160.~.100.600 Misc. Equipment/Supplies $ 1,500.00 From: SR8160.~.100.30o Odor Control $ 1,500.00 (To cover expected future miscellaneous maintenance needs. Currently well-stocked on Odor Control supplies.) To: SR8160.~.100.570 Maintenance Payloader ~2 $ [[,000.00 From: SR8160.2.500.900 Capital Reserve $ 4,000.00 (To cover overdrawn budget-line and provide for future maintenance in 195. ) To: SR8160.~.100.100 Office Supplies $ 750.00 From: SR8160.2.200.300 Office Filing Equipment $ 750.00 (To cover cost of needed office supplies) 18.-Vote of the Town Board: "Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wlckham. This resolution was duly ADOPTED. 19.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED .that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute agreements wlth the following individuals for the 1995 Summer Recreation Programs, all in accordance with the approval 'of Town Attorney Dowd: Hanna Coe ;=(¥oga) ............... - ................... $20/hour George. Con~Stantinidis (golf) $50/person Shirley Darling (tennis) .............................. $17/class East End Insurance Services (defensive driving) ....... $35/person Al Falkowski (parenting class) ........................ $49/person Tom Fox (cartoon drawing) '...- .......................... $24/class Mary Ann Galvin (aerobics) ............................ $20/hour Hidden Lake Farms (horseback) ......................... $175/person Kid 'N Play - Theresa Walker (kids playcenter) ........ $35/child Kid 'N Play - Theresa Walker (parent's time-out) ...... $9/child Mattituck Lanes (bowling) ............................. $30/person Lauren Pressler (teen nights.) ......................... $15/hour 0 MAY 2, 1995 Martha Prince (step aerobics) ......................... $20/hour Jeanne Ruland (aerobics) .... , ......................... $20/hour Steve Smith (weight training) ......................... $17/hour JoAnn Terkowski (folk dancing) ........................ $16/hour Mary Van Deusen (line dancing) ........................ $30/hour ~4CA/Theresa Marmo (parent/toddler program),..; ....... $30/person Dorothy Wolf (bridge) ........... : ............... % .... $20/hour ]9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 20.-Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $3[t,000 from the Park and Playground Fund for implementing Phase #1 of the "Seaview Trails of the North Fork" project of the Southold Town Transportation Committee. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in favor of Senate Bill 'No. 2479 and Assembly Bill No. 5699 entitled, "AN ACT to amend the civil service law, in relation to appointments to the competitive class from an open competitive eligible list", known as the "Rule of Ten" proposal, which amends Section 61 of the New York State Civil Service Law to expand the field of selection from the top three (3) canditlates to the top ten (10) candidates on a civil service open-competitive eligible list; and be it FURTHER RESOLVED that the Town Clerk is hereby, directed to transmit a copy of this resolution to New York State Senator Kenneth P. LaValle and New York State Assemblywoman Patrlcla L. Acompora requesting their support of the change. 21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22.-Moved by Councilwoman Hussie, Seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby abolishes, effective immediately, the~ 'Southold Town Board of Ethics, whose members are Rudolph H. BrueF, Esq., Edward J. Boyd V. Esq., and Barbara Rudder. 22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Cou,ncilwoman Hussie, Councilman -Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 10, Article IV, Section 10-50 of the Code of Ethics, hereby establishes a Southold Town Board Ethics Board, and appoints the following individuals to the Board for the following terms: Blanche K. Katz effective Ma,/ 2, 1995 through May 2, 1996 Richard E. Ploth effective May 2, 1995 through May 2, 1997 William J. Milusich effective May 2, 1995 through May 2, 1998 23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MAY 2, 1995 51 24.-Moved by Councilman Lizeski, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Diane Chltlk as a Tax Receiver Clerk, effective immediately, at a salary of $6.35 per hour. 24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 25.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for a part-time Computer Equipment Operator for the Central Data Processing Department, 17-1/2 hours per week, salary commensurate with experience and be it FURTHER RESOLVED that the Town Clerk is hereby authorized to place this advertisement in Newsday as well as The Suffolk Times. 25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 26.-Moved by Councilman TownseQ~, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Forrester as Town Investigator, from the Suffolk County Department of Civil Service Certification of Eligibles, effective June 1, 1995, at salary of $3[t,115.00 per annum. 26.,-Vote of the Town Board: Ayes: Justice Evans,. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. Thi~ resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'd just like to point out, that this Town Investigator, that we just appointed, is another name for a Code Enforcement Officer, or Ordinance Inspector, that the Town has been working on for some time. 27.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William Cremers as a member of the Southold Town Planning Board, effective immediately through December 31, 19~5, to fill the unexpired term of Mark S. McDonald, at a salary of $6,953.00 per annum. 27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'd just like to point out that we had many very well qualified candidates for this position. It was a pleasure to interview so many people, and to see the talent that is willing to serve for the town. It make it difficult for the Board to choose from among such well-qualified people, and I hope that they will continue to express interest in other positions as they come up. 28.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Tri-S Inc. Division of Environmental Services of America, Inc. (ENSA), 25 Pinney Street, Ellington, Connecticut, for furnishing services to remedlate the Fishers Island Metal Dump as set forth in the bid specifications, at the following price: Mobilization $ 10, Excavation, Transportation and Disposal of Solid Waste Removal of Hazardous Waste: $259,150.00 $79.00 per ton for TPH contaminated solid waste $255.00 per ton for RCRA - characteristic contaminated solid waste $422,00 per ton for TSCA/RCRA contaminated solid waste AND BE IT FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is authorized and directed to execute an agreement between the Town of Sour. hold and Tri-S Inc. (ENSA) to furnish the aforesaid remediation services, all in accordance with the approval of the Town Attorney. 2&.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOP~TED. 29.-Moved by Supervisor Wickham, seconded by Justice Evans, RESOLUTION AUTHORIZING THE EXECUTION AND FILING OF AN APPLICATION AND EXECUTION,AND DELIVERY OF A PROJECT FINANCINC ACREEMENT AND OTHER DOCUMEN¥S NECESSARY FOR SRF ASSISTANCE. WHEREAS, the Town of Southold, herein called the "Municipal Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the Project generally described as the Fishers Island Metal Dump Reclamation, herein called the "Project", is desirable and in the public interest, and to that e.l~d it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires such State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to Chapter 565 of the Laws of New York 1989 as amendedr the State Water Pollution Control Revolving Fund Act (the "SRF Act"), established in the custody of the New York State Environmental Faciliti.es Corporation (the "Corporation") a water pollution control revolving fund (the !'Fund") to be used for purposes of the Water Quality Act; and WIIEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, (the "Act") being Chapter 7~14 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Pb'blic Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority 'to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects~ as provided in the SRF Act; and WHEREAS, the Act authorizes the establishment of a program for short-term financial assistance for the planning of eligible projects in addition to its program for long- term financial assistnace for planning, development and constriction of eligible proiects; now, therefore, be it RESOLVED by the Town Board of the Town of Southold as follows: 1. The filing of an application for SRF assistance in the form required by the Corporation in conformity with the SRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed and authorized as the official representative of the Municipal Applicant to execute and deliver an application for SRF assistance, to execute and deliver the Project Financing Agreement and any other documents necessary to receive Iqnancial assistance I~rom the Fund for the Project described, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Municipal Applicant as may be required: The Supervisor. 3. The official designated above is authorized to make ~pplication for financial assistance under the following SRF Program for either short-term or long-term financing or both. One certified copy of thiS~"Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 50 Wolf Road, Albany, New York 12205-2603. 5. This Resolution shall take effect in, mediately. 29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter it8 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold, hereby reduces the fee from $70.00 ton to Sq0.00 per ton for heavy brush, landscaping and" yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves, effective.May 3, 1995. 30.- Vote of the Town Board: Ayes:' Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADO.pT.ED. COUNCILWOMAN HUSSIE: This is another one of those last minute resolutions, that came up before, but it's a step in the right direction. As you may know, i follow the revenues and the expenditures of the Solid Waste District very, very closely, and my calculations, at this time, project a $3u~C,000 to $360,00 surplus by the end of the year. This is, of course, in support of my contention from October, 1993 when we first started this bag program, that we would not lose money. In fact, we would make money. It's also a credit to the innovativeness, and management of Jim Bunchuck. This is one of the reasons, this fact that there would be a surplus, that I objected in November to raising the 'cost of the over the scale charge to [t-1/2 cents. The District didn't need the money. If the quality or equity between the bag prices, and over-the-scale prices was a factor, or a problem, then we should have 'lowered the bag prices, which I proposed to this Board tonight. The Solid Waste Task Force would be pleased to look at our landfill collection center operation, and make recommendations to this Board to lower fees based on the total picture of fiscal responsibility in the Solid Waste District. I think it's a good thing to do, but we have to do more. COUNCILMAN TOWNSEND: Regarding that, actually this is not an attempt to reduce revenues. This is an attempt to increase revenues. Our cost was so high for brush at the La'ndfill, that most of the carters were sending it out of town, and it was determined that they had to pay $35.00 a ton for out of town locations to take the brush. So, we're hoping that we can keep that material, which we can use to ultimately turn into compost, within the town. The DEC has allowed us to do that, and secondly, we did run a deficit in the garbage waste district last fall. We may run a surplus this year, but we are not trying to give back revenues at this point. We're golng to wait and see, because as say, we did not have a surplus last year, Alice. COUNCILWOMAN HUSSIE: We were down $12,000 because we paid some other things, but the point that I want to make is, that we really should look at all of the fees, and not just one here and there. SUPERVISOR WICKHAM: Alice, we are looking at all those fees. You didn't contribute anything to this discussion. You're bringing it up now. If you feel that, brlng it up to the Board. Let us consider it. We'd be delighted to take it into account. The reason I introduced this measure was, because $70.00 that we're currently~ charging was far'more than it's costing us to deal with it. We're bringing it down, trying to put these fees in relation to what it costs the Town. If you find fees, that you feel need to be adjusted, bring them to the attention of the Board. Don't just make a political statement in the middle 'of a meeting. 31 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 2nd day of May, 1995, a Local law entitled, "A Local Law in Relation to Beach Parking"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Monday, May 15, 1995, Southold Town Hall, 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 Beach Parking BE IT ENACTED, by the Town Board of the Town of Southold as follows; 4 MAY 2, 1995 Chapter 65 (Parking at Beaches) of the Code of the Town of Southold is hereby amended as follows: 1. Section 65-1 (Policy) is here by amended by addin,q the following: The Town of Southold provides bathing beaches and recreational facilities and parking areas adjacent thereto at various locations within the town for the use and enjoyment of residents of the Town of Southold. The Town also has many road ends which provide access to the water. The use of such facilities by persons other than residents has increased to such an extent that such facilities have become overcrowd~l, with the result that residents are denied the use thereof. The Town Board therefore declares it to be the policy of the Town of Southold to restrict and regulate the parking of vehicles in the parking areas adjacent to the bathing beaches, road ends, and recreational facilities described in this chapter in accordance with the provisions hereof. Section 65-2 is hereby amended as follows: A. The following beach parking areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (1) Parking area adjacent to the bathing beach located at the terminus of Manhanset Avenue, Gardiners Bay, Green port, known as and referred herein as "Norman E. Klipp Marine Park." (2) Parking area adjacent to the bathing beach located approxi- mately one hundred (100) feet east of the intersection of County Route 48 and Sound View Avenue, Long Island Sound, Southold, known as and referred to herein as "Southold Town Beach." (3) Parking area adjacent to the bathing beach located at the terminus of Horton Lane, Long Island Sound, Southold, known as and referred to herein as "McCabe's Beach." (4) Parking area adjacent to the bathing beach located at the terminus of Kenney Road. Long Island Sound, known as and referred to herein as "Kenny's Beach." (5) Parking area adjacent to the bathing beach located adjacent to North Bayview Road, Town Harbor, Southold (east of Goose Creek Bridge), known as and referred to herein as "Goose Creek Beach." (6) Parking area located at the terminus of Mill Road, Long Island Sound, Peconic, known and referred to herein as "Goldsmith's Inlet Beach." (7) Parking area adjacent to the bathing beach located at the terminus of First Street, Peconic Bay, New Suffolk, known as and referred to herein as "New Suffolk Beach." The followin.q road end areas are hereby desi.qnated as Town of Southold "Parkin.q by Southold Town Permit Only" areas: (1} State Street a/Ida Skippers Lane, Orient Harbor, Orient, from the terminus north and east on .Skippers Lane to intersection with Oysterponds Lane. (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) f12) (13) (14) (15) (16) (17) Youngs Road Street., Long Island Sound, Orient, from the guardrail at the terminus south for a distance of five hundred (500) feet. Aquaview Road from Rocky Point Road, Lon.q Island Sound, East Marion, east for a distance of five hundred (500) feet, and Rocky Point Road from the terminus south for a distance of five hundred (500) feet. East Gillette Drive, ©¢ient Harbor, East Marion, from the terminus north to Cleves Point Road a distance of one hundred (100) feet. Shipyard Lane, Orient Harbor, East Marion, along both sides from the-terminus north for a distance of one hundred sixty (160) feet. Blue Marlin Drive, Shelter Island Sound, Greenport along both sides from the terminus east for a distance of one hundred (100) feet. Island View Lane,'Shelter Island Sound, Gi'eenport, alon.q both sides from the terminus west to ~ntersection of Bayview. Silvermere Road, Pipe's Cove, Greenport, along both sides of the parking area adiacent to the terminus. Sound Drive East a/Ida 67 Steps, Long Island Sound, Greenport, from the guardrail at the terminus south for a distance of five hundred (500) feet. Sound Drive, Long Island Sound, Greenport, both sides, between Sound Drive East and Sunset Lane. Bay Home Road, Southold Bay, Southold, along both sides from the terminus, nc rth for a distance of three hundred (300) feet. Bayview Avenue North, Hashamomuck Pond, Southold, alon.q both sides from the terminus east for a distance of one hundred forty (140) feet:' Cedar Avenue, Goose Creek, Southold, along both sides from the terminus south to Oak Avenue. Gilbert Street, Jockey Creek, Southold, along both sides from the terminus north to Jockey Creek Drive. Glenn Roadl Goose Creek, Southold, alonq both sides from the terminus north for a'distance of two hundred (200) feet. Kenney Road, Long Island Sound, Southold, west side only, from the teuuinus south to intersection of Lake Drive. Leeton Driye, Long Island Sound, Southold, along both sides from its intersection with Kenney Road west for a distance of six hundred ten (610) feet. 56 MAY 2, 1995 (18) (19), (20) Lighthouse Road, Long Island Sound, Southold, on east side from the terminus south for a distance of six hundred fifty (650) feet,, Meadow Lane, Lon.q Creek, Southold, alonq both sides from the terminus north to Grove Drive. North Parish Drive, SoUthold Bay, Southold, aloncl both sides ~rom intersection with North Bayview east for a distance of three hundred (300) feet. (21) North Sea Drive, Long Island Sound, Southold, along both sides from the intersection with Hodon's Lane west for a distance of ' eight hundred twenty (820) feet. (.22). Sound Vew Avenue, LOng Island Sound, Southold, alon.q both sides from the intersection with Lighthouse Road south for a distance of two hundred fifty (250) feet. (23) (24) (25) South HarbOr ~e Road, Richmond Creek, Southold, on the west side, from the guardrail at the terminus north for a distance of five hundred (500) feet. Terry Lane, Town Creek, SouthOld, along both sides from the terminus east to the intersection with Hobart Road. Town Harbor Lane, Southold Bay, Southold, along both sides from terminus north to Terry Lane. (26) West Creek Road, GOose Creek, Southold, a on.q both sides from the terminus soUth to Smith Drive North. (27) William!s Road, Goose Creek, Southold, along both sides'from the terminus soUth to Smith Drive. North~ (28) (29) (3O) (31). (32) (33) (34) f35). Willow Point Road, SoUthold Bay, Southold, along both sides from the terminus north for a distance of two hundred (200) feeE Indian Neck ~LaRe Road, HOg Neck Bay, Peconic, along both sides from the terminus north for a distance of two hundred fifty. (250) feet. Spring Lane, Richmond Creek, Peconic, along both sides from the terminus west for a distance of two hundred fifty (250) feet. Wells Road, Richmond Creek, Peconic, along both sides from the terminus north for a distance of three hundred fifty. (350). feet.. East Road, East Creek, Cutcho.que, along both sides from the terminus west for a distance of two hundred (200) feet. Harbor Lane, East Creek a/k/a Eugene's Creek, CUtcho.que, alonq both sides fr°m the terminus north to Oak Street. Mason Drive~a.st, BroadWaters Cove, Cutcho.que, along both. sides from the terminus west to Hickory Drive. Mason Drive West, Havwater Cove, Cutcho.que, a on.q both sides from the terminus east for a distance of two hundred sixty (260) feet.. MAY 2, 1995 57 (36) (37) (38) f39) (40) (41) (42) (43) (44) (45). (46) (47) (48) (49) (50) (51) (52) Nassau Po nt Road, Peconic Bay, Cutchogue, .along both sides from the terminus east for a distance of three hundred (300) feet. pequash Avenue, CUtcho.que Harbor, Cutcho.que, alon.q both sides from the terminus north t° East Road. Skunk Lane a/Ida Bay Avenue, Hog Neck Creek, Cutchogue, along both sides from the terminus west to Nassau Point Road. west Road, Wickhaf~ Creek, Cutcho.que, along both sides from the terminus east to West Creek Avenue. Fifth street; Cutchogue Harbor, New SUffot.k, along both sides from the terminus north to JaCkson Street. Fourth Street,.Cutcho.que Harbor, New Suffolk, along both sides from the terminus nodh to Jackson Street. Grathwohl Road, West Creek, New Suffolk, alon.q west side from the terminus of George Road north for a distance of one hundred (100) feet and south for a distance of one hundre (100) feet. Old HarbOr. Road, Cutcho.que' Harbor, New Suffolk, along both sides from the terminus north for a distance of one hundred fifty (150) feet. Third Street, Cutcho.que Harbor, New Suffolk, along both sides from the terminus north to Jackson Street. The Anchora.qe, Mattituck Creek, Mattituck, along both sides from' the' terminus east to WoodSliff Drive. Bailie Beach Road, Long Island Sound, Mattituck, along both sides from the. terminus south for a distance of five hundred (500) feet. Bay Avenue, Peconic Bay, Mattituck, along both sides from the terminus north to Peconic Bay Blvd. Bayvlew Avenue a/Ida Shore Acres, Mattituck Creek, Mattituck, along both sides from the terminus west for a distance of two hundred fifty (250) feet. !nlet Drive, Long Island Sound, Mattituck, along both sides from the terminus south to Sound Beach Drive. Knollwood Lane, Mattituck Creek, Mattituck, along both sides from the terminus east for a distance of one hundred eiahty f18o) feet:, Si.qsbee Road, Peconic Bay, Mattituck, along both sides from the terminus north to Peconic Bay Blvd. Sound Beach Drive, Lon.q Island Sound, Mattituck, along both sides from the terminus south for a distance of fifty (50) feet, then east for a distance of two hundred (200) feet. 5 ~ MAY 2, 1995 ~, The fo Iow ng boat ramp areas are hereby designated as Town of Southold "Parkinq by Southold Town Pei mit Only" areas: (1) King St~:eet a/k/a Ho.q Pond Road, Orient Harbor, Orient, a ong both sides from the terminus north for a distance of three (2) hundred (300) feet t© Harbor Road. Narrow River Road, Hallock's Bay, Orient, parking area on south Side known and referred to herein as "Narrow River Road Launching Ramp" and along both sides of Narrow River Road for a'distanCe of 35~ feet north ai~d 350 feet sOUth of the (3) f4) (5) entrance for the parking area. Bay Avenue,, Gardiners Bay, East Marion, along both sides from the terminus north to bridqe. PiPe's Neck Road, Greenport, along both sides from the terminus north three hUndred (300) feet. Bayview Avenue South, Hashamomuck Pond, SoUthold, along both sides from the terminus east for a distance of one hundred forty (140) feet. (6) Ga.qen's Land n.q Road, Goose Creek, Southold, along both sides from the terminus north to Clearview Avenue. (7) Lake Court, Great Pond a/Ida Leetons Lake, Southold, along both sides from the terminus north to Lake Drive. (8) Minnehaha Blvd a/Ida Nokomis Road, Corey Creek, Southold, parking area adiacent to launchinq area. (9) Pine Neck Road, Jockey Creek, Southold, alon.q both sides from the terminus west to North Bayview Avenue. (10) Parker's Landing Road, Richmond Creek, Peconic, from the terminus west to Indian Neck Lane. (11) Little Neck Road, East Creek, Cutcho.que, along both sides from. the terminus north for a distance of two hundred fifty (250) feet. (12) Wilson Landinq, East Creek a/Ida Eugene's Creek, Cutcho.que, along both sides from the terminus east to Beebo Drive. (13) County Road 48, Mattituck Creek, Mattituck, parking area on north side knqwn and referred to herein as "Town Launching Ramp at Mattituck Creek." D. A beach permit shall be required at all times between May 15 and October 15 of each year. A beach permit shall not be required at other times of the year. II. This Local Law shall take effect upon filing with the Secretary of State, * Underline represents additions ** Strikethrough represents deletions, 31.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, CoUncilwoman Hussie~ Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 32.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussle, WHEREAS, there was presented .to the Town Board of the Town of Southold, on the 2nd day of May, 1995, a Local Law entitled, "A Local Law in Relation to Parking"; nowr therefore, be it RESOLVED that the Town~.Board hereby sets~5;05 P.M., Monday, May 15, 1995, Southold Town Hall, 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 Parking BE IT ENACTED, by the Towo~ Board of the Town of Southold as follows: 1. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: I. Section 92-41 (Parking prohibited at all times) is amended as follows: Name of Street Side Location Crescent Avenue' South At Fishers Island, from the southeasterly corner of the inter- section of Crescent Avenue with Fox Avenue, easterly for a distance of - 250 feet Equestrian Avenue Nodhwest At Fishers Island, between Fishers Island Electric Company utility pole Nos. 28 and 29 Whistler AventJe ,,South At Fishers Island, from the south- easterly corner of the intersection of Whistler Avenue and Airpo~ Road easterly for a distance of 1,795 feet Village Lane East At Orient, between New York State Route 25 and Orchard Street Villagl Lane TaborI Road County' Route 48 Eighth Street West Both Both East Seventh Street East At Orient, between a point 50 feet north of the northerly curbline of Orchard Street and a point 675 feet southerly thereof At Orient, from the southerly curbline of New York State Route 25 south- efly for a distance of 270 feet At Greenport, starting at a point 100 feet east of Chapel Lane and ex- tending easterly 100 feet At Greenport, between New York State Route 25 (Main Street) and Corwin Street At Greenport, between New York State Route 25 (Main Street) and Corwin Street County Route ,48 Both County Route 48 North County Route 48 Nodh County Route 48 SOuth County Route 48 South Hobart Road East Horton's Lane West Mechanic Street East North Bay View Road Both Sound View Avenue Both Terry Lane North Terry Lane South Traveler Street South At Southold, starting at a point on the southeasterly comer of Sound View Avenue and extending easterly to the intersection of Bayberw Lane At Southold. from the extension southerly of the easterly line of Horton's Lane, easterly for a dis- tance of 250 feet At Southold, from the extension southerly of the westerly tine of Horton's Lane, westerly for a dis- tance of 250 feet At Southold, from the extension nodherly of the easterly line of Horton's Lane, easterly for s dis- tance of 250 feet At Southold. from the extension northerly of the westerly line of Horton's Lane, westerly for a dis- tance of 250 feet At Southold, from the nodherly curb- Jine of Terry Lane, northerly for a distance of 98 feet At Southold, from the extension easterly of the northerly line of County Route 48, nodherly for a dis- tance of 60 feet At Southold, between New York State Route 25 and Mechanic Street East At Southold, for a distance of 450 feet easterly and westerly from the center line of Goose Creek Bridge A,t Southold, starting at the inter- section of County Route 48 and extending westerly for a distance of 620 feet At Southotd, from the easterly curb- line of Hobart Road easterly for a distance of 142 feet At Southold, from the extension southerly of the east curbline of Hobart Road easterly for a distance of 127 feet At Sou[hold, from the southwest cor- ner of Traveler Street and Beckwith Avenue proceeding westerly for 11 t feet to the guardrail Youngs Avenue East Youngs Avenue West Depot Lane West Jackson Street Both Nassau Point Road Both (Causeway) New Suffolk Avenue Both New Suffolk Road East New Suffolk Road West King Street South Love Lane Ea'st Love Lane West Love Lane West Luther's Road a/k/a Breakwater Road Both Marratooka Lsne Road West At Southold, from the southerly cui'b- line of New York State Route 25 southerly for a distance if 181 feet At Southold, from the northerly curb- line of New York State Route 25 northerly for a distance if 186 feet At Cutchogue, starting at the inter- section of New york State Route 25 and extending nodherly for a dis- tance of 360 feet At Cutchogue, from the southerly curbline of New SUffolk Avenue, southerly for a distance of 250 feet At Cutchoque, from the intersection with Bay Avenue a/l,Ja Skunk Lane south for a distancb of 1,750 feet At Cutchogqe, at Halls Creek Bridge, DoWns' creek Bridge and West Creek Bridge for a distance of 250 feet easterly and westerly from the center lines of said bridges At Cutchogue, from the southerly curbline of New York State State Route 25 southerly for a distance of 400 feet At Cu~tchogue, from the southerly curbline of New York State Route 25 southerly for a distance of 385 feet At New Suffolk, between Fourth Street and Fifth Street At Mattituck, from the north curbline of New York State Route 25, northerly for a distance of 20 feet At Mattituck, from [he north curbline of Pike Street, northerly for a dis- tance of 40 feet At Mattituck, from the nodh curbline of Sound Avenue, northerly for a dis- tance of 75 feet At Mattituck, from the guardrail at the northerly terminus of Luther's Road extending southerly for a distance of 500 feet At Mattituck, between Peconic Bay and Park Avenue New Suffolk Avenue Peconic Bay Boulevard BOth Both At'Mattituck, from the southerly curbline of New York State Route 25 easterly for a distance of 500 feet At Mattituck, for a distance of 250 feet easterly and westerly from the center tine of Brushs Creek Bridge Peconic Bay Boulevard North At Mattituck, from New York Telephone pole No. 22 easterly 650 feet to New York Telephone pole No. 16 Pike Street Both At Mattituck, starting at the inter- section of Wickham Avenue and extending westerly for a distanceof 310 feet Pike Street South At Mattituck, from the easterly curbline of Westphalia Road easterly for a distance of 12 feet Section 92-42 (Parking prohibited during certain hours) is amended as follows: A. The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Between the Name of Street Side Hours of Location WhiStler Avenue North 7:30 p.m. and 6:00 a.m. Youngs R~=~J Both 10:00 p.m. Street and 6:00 a.m. Rocky Point Road Both 10:00 p.m. and 6:00 a.m. Shipyard Lane Both 10:00 p.m. and 6:00 a.m. Manhanset Avenue Both 10:00 p.m. and 6:00 a.m. In Fishers Island, from the easterly terminus westerly for a distance of 500 feet In Orient, from the guard- rail at the northerly terminus southerly for a distance of 500 feet In East Marion, from the guardrail at the northerly tefminus to Aquaview Road In East Marion, from the guardrail at the southerly terminus northerly for a distance of 160 feet In Greenport, from Peconic Bay to Inlet Lane and the public parking lot adjacent [hereto MAY 2, 1995 Silvermere Road Both Sound Avenue (67 Steps) 10:00 p.m. and 6:00 a.m. Both 10:00 p.m. and 6:00 a.m. 8eu~LDr4¥e Bom Sound Drive West Both Bay Home Road Both Budd's Pond Road Both Gagen's Landing Both Lake Court Both Lighthouse Road . Both Pine Neck Road Both Rambler Road Both TerW Lane North Town Harbor Lane Both Watersedge Way.. , Both 10:00 p.m. and 6:00 a.m, 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p,m. and 6:00 a.m. 10:00 p.m... and 6:00 a.m. In Greenport, alon.q both sides of the parkinq area adiacent to the terminus In Greenport, from the guardrail at the northerly terminus to Sound Drive In G,~een~ ne ,"t h er-ly4ermim~s-~eut~r4-y for a diet-a~ee-ef--1-Bg-fee~ In Greenport, from the westerly terminus easterly for a distance of 200 feet In Southold, from the ter- minus northerly for a distance of 300 feet In,Southotd, from the guardrail as the southerly terminus northerly for a distance of 100 feet In Southold, from Clearview Avenue westerly to the terminus In Southold, from terminus northerly to Lake Drive In Southold, from the guardrail at the northerly terminus southerly for a distance of 200 feet In Southold, from Peconic Bay to North Bay View Road In Southold, from and including its intersection with Watersedge Way northeasterly for a distance of 150 feet In Southold, from the west curbline of Hobart Road westerly to Town Creek In Southold, from Peconic Bay to Terry Lane In Southold, from and including its intersection with Rambler Road north- westerly for a distance of 150 feet 4 MAY 2, 1995 Indian Neck Lane Both Duck Pond Road East Duck Pond Road West East Road Both First Street Both Haywaters Road Both Nassau Point Road Both Pequash Avenue Both Skunk Lane Both Second Street Both Bailie Beach Road Both Bay Avenue Both 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 10:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 6:00 a.m. and 6:00 p.m. from April 15 to September 15, both dates inclusive 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. 6:00 a.m. and 6:00 p.m. from April 15 to September 15, both dates inclusive 10:00 p.m. and 6:00 a.m. 10:00 p.m. and 6:00 a.m. In Peconic, from the guardrail at the southerly end northwesterly for a distance of 200 feet In Cutchogue, from the guardrail at the northerly terminus southerly for a distance of 400 feet In Cutchogue, from the guardrail at the northerly terminus southerly for a distance of 400 feet In Cutchogue, from the guardrait at the easterly terminus westerly for a d istance of 200 feet In Cutchogue, from the guardrait at the southerly terminus northerly for a distance of 200 feet In Cutchogue, from Peconic Bay easterly for a distance of 230 feet In Cutchogue, from Peconic Bay easterly for a distance of 170 feet In Cutchogue, from the guardraul at the south- erly terminus northerly for a distance of 210 feet In Cutchogue, from Peconic Bay westerly for a distance of 150 feet In New Suffolk. from the guardrail at the southerly terminus nodhedy for a distance of 200 feet In Mattituck, from Long Island Sound southerly for a distance of 500 feet In Mattituck, between Peconic Bay and Peconic Bay Boulevard MAY 2, 1995 Inlet Drive Both Marratooka Road Both Pike Street SOUth 10:00 p.m. and 6:00 a.m. 10:00 a.m. and 6:00 p.m. 6:00 a.m. and 6:00 p.m. In Mattituck, from the north- erly curbline of Sound Beach Drive northerly to Long Island Sound In Mattituck, from the southerly terminus thereof northerly to Park Avenue In Mattituck, from the easterly curbline of Maple Avenue easterly for a distance of 245 feet Reeve Avenue East Sigsbee Road .Both 4:00 p.m. and 7:00 p.m. Saturdays; 7:00 a.m. and !:00 p.m. Sundays 10:00 p.m. and 6:00 a.m. In Mattituck, from the southerly curbline of New York State Route 25 southerly for a distance of 500 feet In Mattituck, from the southerly curbline of Peconic Bay Boulevard southerly to Peconic Bay Sound Beach Drive Both 10:00 p.m. In Mattituck, from Long ' and 6:00 a.m. Island Sound southerly for a distance of 100 feet B_=. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parkin.q areas designated in Section 65-2 fA). 3, Section 92-43 (Parking prohibited for a limited time only) is amended as follows: The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations: Between the Time Name of Street Side Hours of Limit Location L .qhthouse Road Oaklawn Avenue West 6:00 a.m. and 2 hrs. 10:00 p.m. Both 8:00 a.m. and 15 4:00 p.m. ex- mins. ...... cept Saturdays, Sundays and holidays At Southold, parkin.q area for Southold Park District Museum from tem~inus south for a distance of 300 feet At Southold, starting at a point 300 feet south- erly of the southerly curbline of New York State Route 25 for a distance of 552 feet 6 MAY 2, 1995 Youngs Avenue West 8:00 a.m. and 6:00 p.m. 2 hrs. In Southold. between New York State Route 25 and Mechanic Street Duck Pond Road East DuckPond Road West First Street Both 10:00 a.m. and 10:00 p.m. 7:00 a.m. and 10:00 p.m. 2 hrs. 2 hrs. 6:00 a.m. and 15 6:00 p.m. mins. At Cutchogue, from the guardrail at the north- erly terminus southerly for a distance of 400 feet ~ At Cutchogue, from the guardrail at the north- erly terminus southerly for a distance of 400 feet At Cutchogue, from the guardrail at the north- erly terminus southerly for a distance of 400 feet Skunk La,'-4e Eieth 7:00 a.m. a,~d 2 hfs. In Cu~he~jue~r-em fee~ Love Lane Both 8:00 a.m. and 2 hrs. 6:00 p.m. At Mattituck, between New York State Route and Pike Street Love Lane East 6:00 a.m. and 5 6:00 p.m. ex- mins. cept Sundays At Mattituck, for a dis- tance of 48 feet north- erly commencing from a point 136 feet north of the northerly curb- line of New York State Route 25 Pike Street Both 8:00 a.m. and 2 hrs. 6:00 p.m. II. This Local State. * Underline 32,-Vote of the Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. At Mattituck, between Westphalia Road and a point 200 feet east- erly of the east curbline of Love Lane Law shall take effect upon its filing with the Secretary of represents additions. Town Board: Ayes: Justice Evans, Councilwoman Oliva, Hussie, Councilman Lizewskl, 33:.~ Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the amendment to the change of zone petitions of Deport Enterprises, Inc. from "R-O" Residential Office District to "HB" Hamlet Business, and the incluslon the adjacent parcel to the west, also owned by the applicant, in the petition for a change of zone. 33 - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was duly ADOPTED. 34.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, Depot Enterprises, Inc: by application dated March 6, 1995, petitioned the Town Board of the Town of Southold for a change of zone on certain property located on ~the northeasterly corner of NYS Route 25 and Deport Lane, Cutchogue, N.Y., from "R-O" Residential Office District to "B" Business District, amended to "HB" Hamlet Business District; and WHEREAS, the Southold town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, May 30, 1995, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of Deport Enterprises, Inc. for a change of zone, at which time any person desiring to be heard should appear at the time and place above so specified, and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. 34.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was duly ADOPTED. 35.-Moved by Supervisor Wickham, seconded by Councilman Townsend, WHEREAS, the Village of Greenport is considering the abolishment of the Greenport Village Justice Court; and WHEREAS, to do so earlier .than the date on which the Greenport Justice's term expires (April, 1997) requires special legislation from the New York State Legislature; and WHEREAS, Assemblywoman Patricia L. Acampora is exploring htis legislation and has asked whether the Town of Southold will be prepared to accept the responsibility for administration of Justice matters in Greenport's jurisdiction; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares the Town to be willing and prepared to take on all additional Justice Court matters resulting in the event that Greenport abolishes its Justice Court in the future. 35.- Vote of:~ the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 36.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund .Whole Town 1995 Budget to appropriate additional funds for the Beach Nourishment Program as follows: To: A7110.4.400.300 Park & Beach Facilities $ 1,000.00 From: A8090.kL.100.900 Trust~ees, Drainage Projects $ 1,000.00 36.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman HussJe, Councilman LJzewski, Supervisor Wickham. This resolution was duly ADOPTED. 8 MAY 2, 1995 37.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for proposals for an upgrade to the Town Computer system. 37.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 38.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the Town of Southold, New~"' York State Department of Environmental Conservation, and New York State Office of Parks, Recreation and Historic Preservation, whereby the State will waive their requirement for State access for Norman Klipp Park Boat Launching Ramp during the bathing season from Memorial Day to Labor Day, 1995, provided the Town makes available another boat launch ramp to State residents at Sandy Beach Road Boat Launch Ramp at no or reasonable fees; said agreement all in accordance with the approval of the Town Attorney. 38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 39.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, WHEREAS, the Town Board of the Town of Southold 'is concerned about the high cost to the residents and business owners in the Town of Southold of the electrical power provided by LILCO; and WHEREAS, the Town of Southold, together'with the other East End Towns of East Hampton, Southampton, Riverhead, and Shelter Island, retained Entek Research, Inc., to prepare a study on the feasibility of the five East End Towns' establishment of a multi-Town community'based municipal electric utility provider as an alternative to LILCO; and WHEREAS, one of the legal"i.ssues identified by the feasibility study dated March 31, 1995, is whether the State legislation (Public Authorities Law, Art. 5, Title l-A) creating the Long Island Power Authority (LIPA) pre-empts towns on Long Island from exercising the eminent domain powers extended to the towns through other sections of law for the purposes of providing community-based electric power; and WHEREAS, the feasibility study points out, on page A-4L~ thereof, that " [:~]he most direct and obvious solution to the LIPA pre-emption issue is to persuade the New York legislature to adopt an amendment to the LIPA Act which eliminates the pre-emption problem"; and WHEREAS, the Town Board of the Town of Southold finds that through an amendment of Public Authorities Law §1020-h, a clearer legal authority for the exercise of municipal eminent domain powers could be provided, which would better enable the Town to evaluate whether it should develop a plan for the provision of community-based electric power; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby requests and recommends to the Legislature of the State of New York that an act amending Public Authorities Law 1020-h to add the following language be introduced and considered' for-adoption by tho"State Legislature: Nothing in this title shall be construed as pre-empting, or otherwise limiting, the rights of any municipality located in whole or in part in the service area from exercising any power or authority granted to it by Article 1L~-A of the General Law, including the right to acquire facilities through eminent domain as set forth in subsection six of section three hundred sixty of the Ceneral Municipal Law. AND BE IT FURTHER RESOLVED that the Town Board hereby authorizes the Town Clerk to send copies of this resolution to the Supervisors and Town Board members of the Towns and Mayors of Incorporated Villages in Southampton Town, Southold, East Hampton, Riverhead and Shelter Island, and encourages other Town Boards and Village Boards to adopt similar resolutions; and be it FURTHER RESOLVED that the Town Board hereby directs the Town Clerk to send a certified copy of this resolution to State Senator Kenneth LaValle, and Assemblywoman Patricia Acompora, serving in the 1st Assembly District. 39.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, 'Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 40.-Moved by Councilwoman Hussie, seconded by Councilwoman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a Cook for the Nutrition CenteF at salary of $18,792.63 per annum. 40. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olivar Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 41.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement with John Schott in full settlement of an action involving the Town of Southold, for the total sum of $6,000.00; said agreement in a form approved by the Town Attorney. ~t.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: -Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 42.-Moved by Councilman Townsend, seconded by Supervisor Wickham, WHEREAS, the Town Board ,of, the Town of Southold has determined that it has a need for police officers available to carry out patrol duties · - throughout the Town of Southold; and WHEREAS, the Town has 21 officers who carry out patrol duties, of which number some officers are sick, disabled or on vacation; and WHEREAS, the Town of Southold is a tourist and vacation area which experiences a. 100% increase in population and activity during the summer, which means that a full complement of police officers becomes essential to the public health and safety during the period between Memorial day and Labor Day; and WHEREAS, Memorial Day is less than 30 days away and the necessary police officers must be hired immediately so that they can be outfitted, absorbed and fully trained in Southold procedures before the pressure of the summer begins; and WHEREAS, the Southold Police Chief has strongly emphasized the need for more police officers; and WHEREAS, the Town of' 'Southold must select police officers from the "preferred list", dated December 1/~, 199~, and whereas certain parties on that list have declined .the position, have been subject to correspondence with Civil Service regarding removal from the list, or are otherwise unavailable; now, therefore, be it RESOLVED that the Town Board of the Town of Southold determines that a total of four police offlce~, effective May 16, 1995, at a salary of $21,652.00 per annum: Gary Charters, Gary Blasko, Stephen Ryan. 42 .-Vote of the Town Board: Ayes: Councilman Townsend,Supervisor Wickham. No: Justice Evans, Councilwoman Oliva, Councilwoman Hussle, Councilman Lizewski. This resolution was LOST. COUNCILWOMAN OLIVA: I would llke to offer a resolution hiring Gary Charters, effective on May 16. 42a.-Moved by Councilwoman OliVa, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Charters a Police Officer from the Suffolk County Department of Civil Service Preferred List, effective May 16, 1995, at a salary of $21,652.00 per annum. 42a,-Vote of the TOwn Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, C,c~uncilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 43.~Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification .to the General Fund Whole town 1995 Budget to appropriate Park & Playground funds for implementation of Phase #1 of the "Seavlew Trails of the. North Fork" project: To: Revenues: A2025.00 Special Recreation Facilities $ 3~,000.00 Appropriations: A7989.1.100.100 Other Recreation-Trail Systems Full Time, Regular Earnings $ 7,125.00 A7989.2.500.310 Other Recreation-Trail Systems Equipment,. Picnic Tables 1,000.00 A7989.2.500.320Other Recreation-Trail Systems Equipment, Bike Racks /~,500.00 A7989.4. 100.350 Other Recreation-Trail Systems Paint & Stencils 1,025.00 A7989./~.100.995 Other Recreation-Trail Systems Signs & Plaques 20,350.00 SUPERVISOR WICKHAM: This is to finance the work proposed under Resolution twenty. 43,-Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. Councilwoman Oliva, Councilman Lizewski, SUPERVISOR WICKHAM: That completes our resolutions for tonight. It's just eight o'clock, and we can move into the hearings. We'll return after the hearings for people who wish to address the Board on various matters. Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. Councilwoman Oliva, Councilman Lizewski, Reconvened at 9:L[5 p.M. 44.-Moved by Supervisor Wickham, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold on the 18th day of April, 1995, a Local law entitled, "A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995, for Eligible Employees of the Town of Southold"; and WHEREAS, a public hearing was held on this Local Law on the 2nd day of May, 1995, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 6 - 1995, which reads as follows: LOCAL LAW NO. 6 - 1995 A Local Law in Relation to Electlng a Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995, for Eligible Emplgyees of the Town of Southold BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1. The Town of Southold hereby elects to provide all its eligible employees with a retirement incentive 'program authorized by Chapter 12, Laws of 1995. Section 2. The commencement date of the retirement incentive program shall be May 31, 1995. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefits, shall be ninety (90) days in length. Section 4. That the employer will fund the Retirement Incentive Program provided by Chapter 12, Laws of 1995, by paying to the New York State and Local Employees' Retirement System in five (5) annual payments, the amount of which shall be determined by the Retirement System Actuary, the fist payment for which is due December 15, 1996. Section 5. This act shall take effect May 2, 1995. 44.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICEHAM: I suggest we hold the rest. The hearings are over. The resolutions have been taken up by the Board. We're at that point in the meeting, where the Board is open to any comments, or discussions, or observationsr that members of the audience would like to make. Mr. Swiskey? WILLIAM SWISKEY: Yes, Supervisor Wlckham, you mentioned before you named the three names on the first resolution to hire Police Officers, that you had four positions. What is the other position? Is it a superior officers' position? SUPERVISOR WICKHAM: The fourth position is a way to deal with our legal requirements in attarcting three people. WII'LIAM SWISKEY: Yeah, but you created four positions. SUPERVISOR WICKHAM: But we have no intention, at this time, of hiring four people. WILLIAM SWtSKEY: You have no intention of hiring four people? SUPERVISOR WICKHAM: At this time. WILLIAM SWISKEY: Do you have intention of hiring any additional Sergeants? SUPERVISOR WICKHAM: Not"at this time. WILLIAM SWISKEY: I know there are several police officers presently on the Town force, that are eligible for it, and it would be good moral, and there were problems ~n the Greenport Police Department, believe me, but you don't want to bring them to Southold. Thank you. SUPERVISOR WICKHAM: Thank you. Mr. Cartin? FRANK CARLIN: Just a short one, Tom, just a question. On this study of the Southold traffic, on the study of the traffic safety, and that, I don't see it mentioned in here that you include the problem, or review the problem with the traffic light by A&P Shopping Center, and the King Kullen Shopping Center. That's very important, i don't see it mentioned in the paper. SUPERVISOR WICKHAM: We have from time to time asked the State of New York to review' the traffic conditions in front of those two supermarkets. We've asked them to evaluate the need f6r it. A lot of people have petitioned the State, and the Town, and if we get additional expressions of interest we'll resume that, but the State is pretty rigorous in how they handle it, and frankly, their tende~cyls not to put in traffic lights if they can help it, FRANK CARLIN: If they give you a hard time about putting a traffic light by King Kullen, just tell them to go up a thousand feet up the road, and take about four of them down from the nine, and put them up by King Kullen, because you don't need nine up there by Cox's Lane, and Route 25. 72 MAY 2, 1995 SUPERVISOR WICKHAM: Mr. Siegmann? ED SIEGMANN: A month ago I came before this Board, because there was one of your Councilpeople, --Joe Lizewski, who wrote a letter to the newspaper, and he had some incorrect statements in that letter. I corrected those statements at that meeting, and I never heard a word from Mr. Lizewski saying anything to me that night after I got done talking. In fact, Joe Ristuccia spoke, too. He would be here tonight, but he's at the wake for his father, so he can't be here. So, I'm talking for the two of us. Lo and behold I didn't think, that I was going to pick up a newspaper a month later, and find a repeat of the same thing of using Joe's name, and my name in the newspaper, and making some incorrect statements again. So, for the record I'd llke to correct those statements, that were made in the newspaper. This is what it said, at the last Town Board meeting I finally got a response to one of the many letters I put in your newspaper. The response was from TaxPac duo of Ed Siegmann and Joe Ristuccia. It was great to see them again. I have not seen them protecting the taxpayers at our meetings for long time. They did not protest when the taxes for the town went up to 8%. I'd llke to make a correction, Joe. That meeting, that public meeting on taxes was held on November the 10th. Both Joe Ristuccla, and myself got up and spoke about the increase in taxes, and you were not present. You were absent that day. Now, why you go to a newspaper, and make this statement, that we weren't saying anything about the Town taxes going up, but you weren't present at the meeting. It is one of things that I'm opposing with what you're doing in the newspaper. I don't care, you can write to the newspaper a hundred times, but put the facts in the way they are. Don't tell the story the way you would like to tell it. In fact, I'm wondering why you have such a grievance against TaxPac, when if it wasn't for TaxPac starting about five years, taxes in this town were goiDg wacky. Teachers were getting 10% increases every year in our taxes. Today if you see their down in the area of 3%, or some of them are even coming in where they're going to hold it to whatever the cost of living is for the year. That wouldn't 'have happened without some people finally being heard, and complaining about the way taxes were going in this town. So, why you should be beating the drum against TaxPac I don't quite understand. If fact, you should be joining us in trying to hold the taxes down in this town, and you wouldn't see so many for sale signs. You continued, and you say they did not mind being left off the Tax Committee. I explained very clearly why we were happy to left off the Tax Committee, because the Tax Committee came in with the same statements, that we've been making for five or six years, and at least nobody could point, and say, see this is the old TaxPac game again, because it was a different group of people that was making that study. Why you should pick on that one, I don't know. Then it says, I guess all is faring well with TaxPac. They probably endorse giving away taxpayers' land with no taxes for the life of YMCA. You're back to your crystal ball again, that you spoke about a month before. You're looking in the crystal ball, and guessing what TaxPac's position would be. Let me explain to you what the position would be. Where they're asking to build that YMCA up on a piece of property that was donated to the Town, and when that piece of property was donated to the Town, that tax revenue from that piece of property was lost at that time. It wouldn't be lost because the YMCA would be building there, and I think the YMCA would solve a lot of the problems, that this town is having with the kids in different school districts, and you hear them, you read about them in the newspaper, the problems that these people. . that some of these children are having, and if a YMCA could correct some of them I'd be happy to see them build up on that piece of property, that we would lose nothing on, because there's no taxes being paid on that property now. So, Joe, do us a favor, if you want to talk to us about something, that you think we're doing wrong, get your story straight before you go to the newspaper. I don't go to the newspaper, and give them stories about you, although I might not like some of the things that you're doing. So, please, operate with us the way we operate with you. Thank you. COUNCILMAN LIZEWSKI: Ed, the taxpayers paid for that land. That was not donated. Taxpayers' money paid for that land on Peconic Lane. That was not donated money. That came out of the pockets of the taxpayers of this town. That was not a free gift. ED SIEGMANN; It was bought from the gentleman? COUNCILMAN LIZEWSKI: It was bought from the gentleman. It was bought with Park and Recreation funds, but it was bought with people's money. ED SIEGMANN: Then I stand corrected, but, see this is where you should correct us, and not in the newspaper. JIM DINIZIO, JR.: This is the reason why I came here. I wish the Village Board was still here, because the comments are really directed at them. It's concerning the East-West Fire District, and the amount of money that our town gives them. Currently, I'm a member of the Greenport Fire Department. I live in Southold Town. I have to put up with the votes that have been in the Village that effect me. A lot of the land, that is in the village is off the tax roll, and effects my school district. Certainly the Ceier property, if they so chose, they could take that off the tax rolls. They effect me in almost every way of my life. I don't want to let them effect me in this way. I don't know, if you're thinking of using that money for other means is going to jeopardize my safety, I have no idea. I'm not an expert in that, but I do know that this Board, or the previous Board, signed a contract with them, and I believe that the money traditionally has been spent on equipment. It's been set aside for equipment, As a member.. ask Pete, we've been a member for twenty years. That money has always gone for that, and to now, take that money to reduce Village taxpayers' payment is not fair. I'm asking the Board, who represented the East-West Fire District to protest that in some way. The good way may be to set up a committee of people who llve in the East-West Fire District, and I've got my hand up. Just let me know when it is, because I want to see about that. I would like for you though, if you could research I believe we raised the tax.es for the vote in antic!pati,on of the-pension fund. Okay? We raised that, had our taxes raised,'~tatmg basically that we would help pay for it. Therefore encouraging a vote, that I couldn't vote, but encouraging those people to vote for that pension fund. Now, we're basically taken away from us even more. SUPERVISOR WICKHAM: Jim, can I respond to that? Two weeks ago George Capon here raised much the same question, and in response to that I spoke to the Mayor,, and asked him what his plans were, and struck us as a kind of an unfair~ use of the fund. His comment to me, and I've written a letter to Ceorge along those lines, was that while it's true that..l'm just paraphrasing what, the Mayor said. While it's true that we in the Village would like to use that money for purposes other than just buying equipment, We have no intention of using it to finance the awards program, so I don't know, and I can't ~speak for them, but I think that statement will hold, that they will not use itfor the awards program. JAMES DINIZIO, JR.: Tom, I really don't care what they use it for. They're, supposed to use it for trucks. The, y are supposed to use it for equipment. That i;s ~traditionally where that money goes. What Dave is saying to you: is, that this will not pay the pension plan, but he certainly can buy the caF0usel~ and:put up with that money. Then meanwhile we have problems with eiquipment. ;,~'hey certainly didn't oppose when the Creenport Fire Department,'::went out, and "purchased a brand new ladder truck for, I beJleve, over a hail millions dollars, when they could have gotten a used one, SUPERVISOR WICKHAM; I'll have further discussions with Greenport. JAMES DINIZIO, JR.: Certainly, again, I volunteer for that committee, Tom, and certainly I can find other volunteers, too. Thank you. PETER HARRIS: My name is Peter Harris, 212 Knapp Place, Creenport. At the Village of Greenport's Work Session, I was the first person that voiced my disapproval for the $157,000 East-West Fire District payment to the Village of Creenport. As I looked over the Village's proposed budget I saw $85,000 and change earmarked for the service awards program. Having read the newspaper the same day, the Mayor was taking $86,000 from the East-West Fire District payment, which normally goes to the apparatus replacement fund. It always traditionally gone to Lhe apparatus replacement fund, and I questioned the fact that you're taking., first of all, the residents of the Village of Greenport voted and passed a referendum ¸7 4 MAY 2, 1995 knowing full well that their taxes were going-..up, I believe, around 2.5% to cover the expense from the Village taxes point of view to cover their part of the service awards, where the Town of Southold had already agreed and had already taxed me, and the other people in the East-West Fire District, and I said to him, I said, rD.a¥id, I'm being taxed twice. I said, I already paid my share, now, you're taxing me again. He says, no, no, no, and ! said, well, I beg to differ with you. You're taking $50,000 out, and put it in apparatus fund. You're taking you're 20%, which is part of contract. The Village gets 20% of that money for managing our money. Okay? He said, well, first of all you're wrong. It's not your money. He says, we are providing a service. We can do with that money what we want, and I said, well, I don't like the way you say, we can, as long as we provide adequate fire protection we can do with that money what we want. I'm saying to myself, I says, well, as a taxpayer I donJt mind paying my fair share. I'm a volunteer fireman, almost twenty-five years for Creenport Village, and East-West Fire Protection District, but, and I was in favor of the service awards program, but I'll be damned, if I want to have to carry the full load, and I sincerely request that this Board check into the ramifications of what the agreement for the East-West Fire Protection agreement with the Village. I tried to explain to him. I said, Mr. Mayor and Board, the money was always..the Village of- Creenport I can not remember when the last time the Village of Greenport taxpayers bought a piece of fire apparatus. Yes, you allocate money to run the department, but it's been the East-West Fire Protection money, that's bought, and paid for all the fire apparatus that they own today. So, for them to in turn take money from my tax dollars to either pay for a service award, or to run the budget for the fire department I don't think it's fair. Believe me, I'm a Creenporter, and I'm proud to be a Greenporter. I'm prot~'d to be a resident of Southold Town, but I think I'm getting shortchanged in more ways than one. Thank you very much. SUPERVISOR WICKHAM: We'll look into it. Mr. Flynn? F.M. FLYNN: F. M. Flynn, again. I also am a resident of the East-West Fire District, and if it Ts so, that my taxes are going exclusively, or at least a portion of the fire taxes, are going exclusively to the village, then I feel I'm being taxed without representation. As a matter of fact. this entire question of the service awards is questionable. At the time, I had no objection, I had no personal objection to the service awards per sec. I knew that they were pretty common here on Long Island, however, I did question him as to the way the cost was to be allocated. I thought it would a reasonable allocation, if the costs were allocated for service based upon demand, and I have checked that out, and I was told by the Fire Chief, George Penny presided at the time, that the ratio of calls was approximately fifty-fifty. Now, at the time, in the Village's offices there was in the Fire Chief's handwriting a tabulation of the 'i:alls, which indicated, and I forget exactly, but somewhere less than fifty percent of the calls originated from the East West Fire District. It would be easy for me to check the exact statistics. That is something that should be investigated, but it supports my other cor~tention, that it would be reckless on the part of this Board to divest itself of any: portion of Southold's property to the Village of Greenport, unless you have the firm commitment as to what the property is to be used for. You can't convey that property with loose ends. For all you know, for you to do that, any sort of a sanitary plant, or anything else could be located there. To conclude, I quote a former admired president, trust or verify. Thank you. HOWARD MEINKE: It's late and hot, and I thought this was going to come earlier. I would just like to try to get a couple of answers from the Board. This relates to the program Under the McDonald's situation. I was at the Zoning Board of Appeals meeting, where they talked about Special Exception, and I have admit that I didn't come away with really understanding that was a direct, verifiable set of procedures, extensions, approvals, and etc., so, I rather subscribe, with what little I know, to the North Fork Environmental's contention, that the building permit is of questionable validity, and something based on that action could be taken. I'm interested in how you sort that out, because you may say, that court procedures have been lose, sloppy is not a 'nice word, but that's how it looks to me, and that's how it!s been done. Maybe you feel that it has to be approve because based on what has happened in the past, we would be embarrassed if we tried to fight this. That may be true. I don't know, but a further point is that if in fact, Cofam was some local person, that had provoked your displeasure,.at some time in the past, and had gotten a Special Exception, and had let it lapse, and had a building permit of questionable legality, and he did not have a franchise with deep pockets, and you thought he was just another Joe, you could pull his building permit, and beat him into the ground, I suspect. If that is the case, that also applies to a lot of the discussion we've had here. You have to have procedures. They have to be precise. They have to be adhered to, or you can beat up this person, and you can not beat up this person, but my question was about CoFam. In your opinion, are they or are they not, on solid ground with what they're doing? SUPERVISOR WICKHAM: I'm reluctant to speak very definitely on this question, because it's quite likely that no matter what the Board does, there's likely to be litigation on one side, or the other, that we're going to get involved in. I will say, that the procedures that have been used in this were unclear, at least to this Board, so we asked the Zoning Board to clarify it's procedures. You apparently sat in on their meeting on that. They've written us a note with it. The note, I guess, is helpful, but I have to say, as one member of this Board at least, it still isn't abundantly clear exactly the procedures that the Town takes in handling these things. I will say, that the Town acted as near as I can tell in good faith, in every one of the steps, and the actions, and the permits, and the denials, that have been taken up until n..qw, and I don't think that the question can be raised, that we are applying the law in certain ways on certain people, and beating up on other people, and using it in a discretionary sense, like that. 1 think we've been scrupulously careful to apply it, even though I grant you that it's not all together clear, and one of the things that immerged out of today's discussion is the need to bring out greater clarity, but I think the Board has really been extremely careful, that we not apply it'~n a deferential sense. HOWARD MEINKE: Oh, I was not making any accusations, that you were. It was a statement that I thought you had the ability to do that, and a town can't be allowed to have that ability to do that. SUPERVISOR WICKHAM: Joe, would you llke to add to that? COUNCILMAN TOWNSEND: I disagree with you a little bit. I thought that the Zoning Board of Appeals' position was clearly stated today at our meeting. ! wasn't at the hearing, and I agree when I read the memo, it wasn't immediately :apparent, but after talking to Jim Dinizio, and then reading the memo it was relatively clear. Basically I can get into it, but you just said, we don't want to get into too much detail. Other than the fact that, the ZBA felt that because of the length of time it takes to get permits, and because of the fact that the Planning Board required a Special Exception, before they ~tart deliberation, and then the length of deliberation often exceeds six months, and a year, or two years, it has been the policy for them not to consider the Special Exception fully approved until after all permits have been obtained, and that makes logical sense. Maybe what isn't logical is why we specify six months in the Special Exception, and the Planning Board asks for a Special Exception before they start the process, but the fact is there is logic to what their procedure is. Whether that has been uniformly applied..that was the other thing, that aspect of the Special Exception seems to have been uniformly applied based on what we received from the ZBA, and that's what we're trying to find out. HOWARD MEINKE: If I could just say one more thing. Based on my experience in other towns, and cities, in Connecticut, those types of permits with time are considered very important, and it is incumbent upon the building, the contractor, the architect, to come in for exception. I'm not saying they can't get exceptions, and the Board shouldn't grant them, but it's incumbent to ask. They, wherever I've been, are in wholesale violations, if they do something, and the permit has lapsed whether it would extended if someone went in on bended knee, hat in hand, and said, we need an extenSion. They would get the extension, but they are deep yogurt because they didn't. COUNCILMAN TOWNSEND: 'In'this instance they did ask, though. 6 MAY 2, 1995 HOWARD MEINKE: I guess they did. Nobody shows a paper trail at that meeting, that would make a trail to show. SUPERVISOR WlCKHAM: Is there anyone else. who would like to address the Board on any of these matters? FRANK CARLIN: You know, I never seen a subject that's a record being played, and played, and played, and played. I hope, in my opinion, it will be settled. I hope in the next two months, I hope, in my opinion, I'll be having my big Mac. DOROTHY NINTZEL: My name is Dorothy Nintzel. We have been fighting it, and we don't want a big Mac, and that's why I'm here. So, if you need a big Mac go to Riverhead. I think the people in this town overall, except maybe for Mr. Carlin, and a few others, don't want McDonald's and things like that here, and this is why we are picking up on these things, that we feel were illegal, and are not followed according to the Code of the Town. This is why we 'are fighting so hard, because we don't another Riverhead here. That's all I have to say. SUPERVISOR WICKHAM: I can only comment that the rules of the game. the Zoning rules that the Town ~adopted would not permit a McDonald to come up on that site now. The problem that we're in is that those rules were adopted just a few weeks after they came in and got a permit, and actually started work on it. That's the difficulty that we're in. I think the majority of this Board has already acted in changing those rules, but the timing was just a little bit out of phase. Before Mr. Carlin is-there anyone else who would like to address the Board on this is or any other matter? FRANK CARLIN: You keep saying this subject that we don't want a McDonald in this town. we didn't want a Burger King. That's never been proven. It's never been proven that the 22,000 people in this town was against having a fast food restaurant. There's a certain group that doesn't want this fast food restaurant. So, let's put that to bed right now. In fact. I'll leave you with one more thing, because I don't want to get into this anymore. I'll leave you with one more thing. You know. I'll leave you with two things. I'm sorry. I know everyone wants to go home, but I'll leave you with two things. Three years ago, when we started originally with McDonalds, when we had a public hearing here, environmental agency had children marching up and down the hall here with signs saying, no McDonalds. In my opinion, it shouldn't have been allowed in here by the Town Board, to solicit in a public place. Secondly, the second one that's it for me for tonight is, when they demonstrated in front of the Burger King down there in Riverhead th~s last year, Io and behold I stopped there. and spoke to the manager. I said. I don't understand these people. Some of them just came in here for a hamburger, and coffee, and they're out there carrying the signs. SUPERVISOR WICKHAM: Mr. Carlin, I'd like to remind you, you've characterize my position accurately two weeks ago, when you said that I had no problem with a McDonalds in Southold provided it's in an appropriately zoned location, and I think the issue isn't whether we have a McDonalds or not, it's a question of where will it be, and in connection with our zoning di strict s. FRANK CARLIN: It's in a proper zone. It's in a business zone. What more do we need? SUPERVISOR WlCKHAM: Since there no one else in the audience, who would like to address the Board, are there any Board members who would llke to make a comment? COUNCILMAN TOWNSEND: I just want to say one thing. You know, quite frequently you've lobbied for various things on the Board. It's not uncommon at all, and in the last two appointments this Board has made, first the Zoning Board of Appeals~ and now the Planning Board. There's been a lot of lobbying going on and it's difficult when you have very good candidates being lobbied for by people that have supported you in the past, and generally agree with you, and they don't happen to be the candidate that you're going to choose.' Traditionally, you know, in politics you support those people, that have supported you, and so forth. Sometimes that doesnlt happen, and this is sort of an anonymous apology to people who have called me, and written me lately about the appointments. All I can say is, that the people they support are very good and qualified, it's just sometime you have to go with other people, and I hope the people out there lira talking to know that it's not an easy decision to' make. SUPERVISOR WICKHAM: ,Any,other comments? (No response.) Do I hear a motion to adjourn? .... , ~ Moved by; Councilwoman Hussie~ seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 10:20 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, COuncilwoman Hussle, Councilman Lizewski, Supervisor Wickham, This resolution was duly ADOPTED.