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HomeMy WebLinkAboutTB-09/20/199489 SOUTHOLD TOWN BOARD SEPTEMBER 20. 1994 WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsendf Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury P. Dowd. 9:10 A.M. Members of the Supervisor's Parks & Recreation Committee met with the Board: Superintendent of Highways/Commissioner of Public Works Jacobs, Community Development Administrator James McMahon, Recreation Supervisor Kenneth Reeves, Jean W. Cochran. The committee submitted their recommendations as a result of recent meetings and inspection of Town beach and park and playground facilities. Recommendation No. 1 is to improve the facilities at Town Beach, Southold and KIipp Park, Greenport, by repair and/or replacement of swing sets, slides, picnic tables, guard rails, benches, and park stoves, at a cost of about $15,000, excluding labor. Secondly they recommend that the Town control the accessibility to beaches and parks by enacting legislation to require a permit to park at all road ends and boat ramps. Along with this they recommend a reduction of the daily parking fees at the Town beaches to make the beaches more user friendly, and encourage non-residents to use the beaches and not road ends. The third recommendation is to adopt a five year plan to improve all beaches and parks, and upgrade the maintenance of those areas, and development of a maintenance plan and short and long range improvement plan. The group recently took a trip to Southampton to survey their beach facilities, where they have striping and signage at all road ends. They also surveyed East Hampton, Riverhead and Southampton Towns for a schedule of beach p~arking fees, and as a result recommended the Town Board reduce their Daily Beach Parking fee from $12.50 (weekday) and $20.00 (weekend/holiday) to $8.00 each day, and the non-resident seasonal permit (4/1-10/31) from $150.00 to $100.00. The Town Board has considered this for some time, and agreed to enact those fees for 1995 (see resolution no. 13). Lastly, there was discussion about the possibility of sharing facilities with all of the park districts, and Ms. Cochran suggested a meeting with all of the park district commissioners to explore this possibility. A meeting will be arranged and Town Board members will be notified.---Two proposed Local Laws to restrict parking at Aquaview Avenue, East Marion, Gautier, s Landing Road, Southold, and Little Neck Road, Cutchoguef were placed on 'hold pending the study with regard to enactment of legislation to restrict parking at all road ends and launching ramps. 10:00 A.M. - The Town Board met with representatives of the Family Service League of Suffolk County, Inc.: Larry Weiss, Associate Executive Director, Karen Malcomson, RN, Cindy Kumelos, Counselor. The League has been in operation in Southold Town since 1968, helping people who are experiencing social, emotional or economic problems through a network of preventive, crisis, therapeutic, advocacy and education services. Ms. Kumelos serves under the Community Counseling Services Program, and the PIN (Persons in Need of Supervision) Program. Dr. Malcomson is based in Mattituck at the League~s Licensed Outpatient Mental Health Clinic. East End Programs and Services are provided to the neediest of community residents, and the services are provided at no cost for some programs and at Iow cost for others. Nobody is denied any service based on their ability to pay a fee.---The Town of Southold has a contract~ with the Family Service League, Inc. whereby they pay the salary of Ms. Kumelos, part of which is through the Community Development Block Grant fund. 90 SEPTEMI3ER 20, 1994 10:45 A.M. Solid Waste Issue: Fishers Island Metal Dump. Supervisor Wickham distributed a memo from Fagan Engineers providing their estimate of the waste tonnage in the dump. Councilwoman Hussie reported that the Solid Waste Task Force met recently to determine the basis for bid evaluations for complete removal of the waste from the metal dump. The principal factor in the discussion was that, although it is called a "metal dump", in reality all sorts of waste might be found. They suggested four alternatives: lump sum bid, XSper cubic yard and 50/50 split on recovered metal, XSper ton assuming a 50% metal recovery, XSper yard with Town and vendor sharing equally the cost and/or profit of recyclables. Draft specifications will be put together for the next meeting. 11:20 A.M. Reverend Fulford, First Baptist Church of Cutchogue, met with the Town Board to discuss the swap, purchase, or easement Of a parcel of Town property on the south side of CR48, opposite the present church property. The property in question abuts a parcel the church has purchased from Krupski, where they intend to' build a new church. Reverend Fulford said his church members would like an easement from the town with an option to buy later on. Some of the board members suggested that a solution would be a swap of the Town property for the church property, but Reverend Fulford said the church people would like to retain the church as a historic site. Reverend Fulford will discuss this further with the people of his church, and Supervisor Wickham will look into the cost to obtain an appraisal of the Town property should they consider the swap of property. 11:35 A.M. - Steve Ridler, Department of State, Coastal Management Program, met with the Board to discuss the Local Waterfront Revitalization Program. Mr. Ridler said that the Town has applied, and been recommended for approval, for a grant for a Harbor Management Plan ($25,000), and a grant to study erosion on Long Island Sound ($25,000). The Harbor Managment Plan's primary focus is Mattituck Inlet, and to look at all marinas in Southold Town to be sure they are making the best use of their land. The Coastal Erosion Program grant is for a detailed examination of Goldsmith's Inlet to Kenny's Beach, and a cursory look at the remainder of the Town. Mr. Ridler will be working closely with the Town on both programs, which are a 50/50 match. 12:10 P.M. Supervisor Wickham brou§ht the subject of Transfer of Development Rights (TDR) before the Town Board for discussion. He said that there is a consensus on the Board for moving ahead with a TDR program, and would like to designate a small WorKing Group to assist the board in developing a viable TDR program. The Working Group would propose streamlined procedures for subdivision and site plan utilizing TDRs. There is $2,000 available in the Kaplan Grant fund for consulting support. He would expect the Town Board to designate some of the key issues a Working Group would give focus to. Supervisor Wickham will draft a proposed charge to the committee for Board's consideration at the next work session. He asked Town Board members to supply names of suggested members. 12:35 A.M. - Recess for lunch. 1:40 P.M. - Merlon Wiggin, Director of the East End Seaport & Marine Foundation, met with the Town Board to ask that the Town of $outhold be the sponsor for a historic marine railway rehabilitation project on the property of Greenport Yacht $ Shipbuilding, 201 Carpenter Avenue, Greenport. Funding for the project has been identified at a total cost of $750,000, of which $600,000 would be provided from Federal ISTEA Funds, and $150,000 as a grant to the Town from the NYSDOT, provided they sponsor the project. A resolution was placed on the agenda (no. 17) authorizing Supervisor Wickham to sign a Letter of Intent to the NYSDOT. Councilwoman Hussie expressed concerns about the responsibilities being undertaken by the Town upon signing this Letter of Intent (her comments are on record following the vote on resolution no. 17). 2:10 P.M. - Personnel: Justice Evans submitted for the Board's consideration, a job description for a Fishers Island Senior Coordinator. The purpose of the position, requiring about eight hours of work a week, would be to identify, monitor and meet the needs of Fishers Island's senior citizens. The Senior Committee, a subcommittee of the Fishers Island Civic Association, has identified funding of $4,000 compensation for the first year, and expects Southold Town to assume the position as an employee of the Town after' the first year, and would report to Venetia McKeighan, Director of Human Services. Supervisor Wickham said that at the present time Civil Service is reviewing the proposed position so they may give it the proper title. Once that has been accomplished the Town Board must create the position before an appointment can be made. SEPTEMBER 20, 1994 91 2:40 P.M. Police Chief Stanley Droskoski joined the Town Board for a discussion of the Alarm Law, in particular the provisions for fines for false alarms. Chief Droskoski and Supervisor Wickham have received a number of complaints, and would like the Town Board to address the problem. The Chief provided information obtained from other East End towns with regard to their fine schedule. There was considerable discussion with regard to criteria for waiving fines based upon electric malfunction, testing and/or startup procedures, and similar technical interventions. The Board agreed the Town Attorney should draft a proposed local Law to amend the fine schedule.----The Chief remained to discuss the proposal by which the Town would take on police protection duties for the Village of Greenport. The Board agreed on October 4th for a public information meeting on the proposal (see resolution no. 18).----Chief Droskoski asked the Town Board to advertise for School Crossing. Guards as he needs two people to fill vacancies i(see resolution no. 19).'--~Supervisor Wickham b~iefed the Town Board on the progress of a joint feasibility study for Community-Owned Electric Systems on the East End, to be conducted by Entek Research, Inc., along with R.W. Beck and Associates and Duncan, Weinberg, MJller & Pembroke, P.C. The Town of Southampton will administer the contract, and the study will be financed by all of the East End towns for a total of $30,000. Southold's share is 15% - $4,500. This subiect will be on the OCtober 4th agenda for a resolution to authorize the study.---The Town Board next discussed 1995 disposal, beach and shellfish permits. They agreed the 1995 Disposal Permits for residents would be $10.00 for the first one and $5.00 for the second, and $10.00 for guests/lessees. Beach permits per discussion earlier in the morning with the Supervisor's Parks and Recreation Committee (see resolution no. 16) .----Justice Evans submitted, for the Board's consideration, a sample Annual Disclosure Statement, under the Local Government Ethics Bill. Justice Evans, Councilwoman Hussie, and any other interested Board members, will meeting on September 21st to refine the Disclosure Statement for the Board's consideration on October 4th. 4:15 P.M. - Town Board discussed Code Enforcement, and the possibility of filling an Ordinance Inspector or Code Enforcement Officer position, and the work guidelines for those positions. Supervisor Wickham will obtain the civil service position descriptions for the Board's consideration at the next meeting.----Councilman Townsend brought the Town Board up to date on the progress of the Youth Support Committee, and discussed the possibility of a part-time person to work out of the Recreation Center to assist the Committee,----Town Board discussed the possibility of purchasing a parcel being Offered by the County of Suffolk at auction. This parcel, intended for park and playgro~und when it was subdivided in 197~, is being sold for unpaid taxes. E~oard agreed 'to the purchase (see resolution no. 20).----Approved a request for a traffic study on Eugene Road, Cutchogue (.see resolution no. 21). 5:05 P.M. The Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. EXECUTIVE SESSION 5:15 P.M. On motion of Councilman Townsend, seconded by Justice Evans, it was Resolved' that the Town Board enter into Executive Session to discuss personnel, contract negotiations, Landfill Lawsuit, possible purchase of property. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd. 5:55 P.M. - Work Session adjourned. 92 REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on September 20, 1994 ,at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wlckham opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickl~am 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 SUPERVISOR WICKHAM: We-have an audit of bills that the Board reviewed today. Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the followin~l bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $152,855.88; General Fund Part Town bills in the amount of $106,750.96; SNAP Program bills in the amount of $8,298.59; Highway Fund Whole Town bills in the amount of $17,609.73; Highway Fund Part Town bills in the amount of $235,673.66; Ag Land Development Rights bills in the amount of $774.89; Lighting/Heating Capital A/C bills in the amount of $7,381.21; Employee Health Benefit Plan bills in the amount of $43,483.38; Fishers Island Ferry District bills in the amount fo $76,982.20; Southold Shores Road Improvement District bills in the amount of $7,118.08; Refuse and Garbage District bills in the amount of $245,188.14; Southold Wastewater District bills in the amount of $18,117.34; Fishers Island Sewer District bills in the amount of $107.72; Southold AgenCy & Trust bills in the amount of $2.71; Fishers Island Ferry District AgencY & Trust bills in the amount of $1,576.79. .Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Coun:ilman Townsend, Councilwoman Hussie, Councilman Lizewski~ Supervisor Wickham. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the minutes of the September 6, 1994, Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board will be at 4:30 P.M., Tuesday, October 4, 1994, 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. SUPERVISOR WICKHAM: You have before you the agenda. We have a series of reports the Town has looked at. Public Notice on page two, and then on the bottom of page two there are a series of For Discussion items. They carry over on to the top of the next page. We have sixteen items that we took on today. A number of them have found, their way into resolutions, that we'll be taking up in a few minutes. As is customary for the last few meetings, I'm going to try to summarize some the issues that we reviewed today in our For Discussion section. We reviewed them according to an order of business that's attached to the back of .the agenda, and the first one was at 9:00 o'clock when we had a committee of people in the town, SEPTEMBER 20, 1994 93 including Jean Cochran, and Ray Jacobs, our Superintendent of Highways, and several other people on that committee reviewing beaches and road endings, and how the Town should address the problem of access to those beaches, and parking for them. What has happened over the years is that the additional people, who want to use our beaches are parking now at road ends, not at the fully built Town beaches, and putting pressure on limited numbers of parking places at these road ends. Then we tend to put on no parking signs. Even the residents, who llve there can't park anymore, and it's become an increasing problem, so we're addressing that. A committee with these four people are looking at the issues, and making a series of recommendations to the Town, how we can rectify, and put into a more rational pattern the utilization, and the parking at the various beaches in the town. It's going to involve, also, the various park districts, and, also, parks in the town, that under the authority of the County, and the State. At 10:00 o'clock we had visit from the Family Service League, Dr. Larry Weiss and Cindy Kumelos, who are providing a service for Southold Town in counseling services for people who are in need of counseling. Many of them are kids in schools, who are being referred to them from the schools. The Town is supporting that effort. It's being undertaken right across the street in the Southold Presbyterian Church here. On the matter of Human Services, these kinds of efforts, on the 28th of September, this month, at 7:30 at the Cutchogue Presbyterian Church there will be a meeting hosted by the League of Woman Voters on Southold Town, and the Human Services that are undertaken in this town in which Town government has a part. So, that was a useful beginning for that. At 10:30 we had another discussion of the Fishers Island Metal Dump, and the effort of the Town Board. This is a never ending saga of the steps, that the Board has taken to address a serious problem of FiShers Island on how to clean up a metal dump, that has been the responsibility of the Town for many years, and an issue today was how to prepare bid documents. Are we going to ask contractors to bid to remove all that metal on a lump sum basis, not to exceed a certain price, or are we going to prepare bid documents basically .structured around on a per ton basis of how much of this they take, and how much of that they take out, and how much of something else, and structure it that way, and we must have spent a good thirty or .forty minutes discussing that issue. At 10:50 or 11:00 o'clock, we had a discussion with the First Baptist Church in Cutchogue. That's the church that has a church building just near the gate of the Cutchogue Landfill. They have burst their seams, and need a new building on a new site, and they've identified the site on the south side of Route 48, and we're looking for some easement, or some way of gaining access to their property over a thin strip of land 'that the Town of Southold owns, al.soon the south side of the road. Ruth Oliiva has been working, closely with the Local Waterfront Revitalization Program. We had a visitor, a Steve Ridler, from. the Department of State in Albany, who came down, and explained to us the workings of the program, and the steps that the Town of Southold is undertaking. Those of you ~v,b~' have followed Town government for some years, you know that the Local Waterfront Revitalization Program is one, that. has been in place for at least seven years. The idea is that the Town would establish policies as to how the waterfront will be developed in the Town of Southold, policies consistent with State Law,: and"with .Federal Law, and once enacted, and put in place by this Board, thbse poli~:ci~s would rule, rather than State policies, so there's a whole rule issue here, that's important to us. At 11:30 or so we .h. ada discussion.about the Transfers of Devel°Pment~ Rights, and the Board d scussed at som~ er~gt~ the va ue of a small w0~l~.ng g'r.c~Jp, thal~ wou d be established to assist: the Board in developing the guic~?lines,, and the formulation of a prog~am,'that Would make a viabl;e effectiv~e strong program for the Town of:.~0uth01d. We still have more:.dlscussi~ias; on, that~. 'In the afternoon we' co,tinge discussion at ~1:30, on 't~he proposed !Ethics Code. We are refining a fori~ df.i disc. l°s. Ure, as to Who s.hbuld cJisci~s~ what assets, and incomes, 'they. h~v~? .Is it just the official h~mself, Or ~ther members of his family? At' li50 ir so, we had a discussion about fines for inadvertent alarms. Some~..o~ you may .have alarms in your homes, burglar alarms. The current Town Code i~alls for a $100.00 fine, if that alarm goes off by mistake, as a false alarms.". I believe there are two false alarms that the Town overlooks, and on the third one it's a $100.00 fine. The fines in some neighboring towns are somewhat less, and the Board reviewed.them, and has recommended a series of somewhat lower fines for those unfortunate people, who's alarms go.~off ~nexpectedly. We had a discussion about the Greenport Police proposai. We'll be discussing that later tonight, and the proposed utility study. I think the people who 4 SEPTEMBER 20, 1994 follow this 'know that Alice Hussie, and others on the Board, have been keenly interested in establishing a municipal electric utility, that would basically control supply of electricity, acquire it, and distribute it in the Town of Southold, rather than our residents having to rely on the Long Island Lighting Company, and the rates that they charge. Alice and I joined a number of other officials from other East End towns on Monday, yesterday morning, and we're putting together a package by which all five East End towns would address this jointly. We would finance jointly a study that would be basically be a feasibility study for the five East End towns jointly challenging the monopoly, which currently exists, and putting in place a municipal utility from the town. It would be a feasibility study. We're not committing to do it. We're committing to do a study to look at it. At 3:00 o'clock, or a little after, because our meetings were a little bit prolonged today, and actually this one was moved up, we had a visit from the East End Maritime Foundation in Greenport, Merle Wiggin, who is proposing the rehabilitation of a railway to winch up boats out of the water into a dry condition, where they can be worked on. In the old days, many of you know, these marine railways that go down at an angle into the water, and can lift out boats, were a conventional way of removing boats for repair. They've all but disappeared from the eastern seaboard of the United State, and Greenport has one, which with five or six hundred thousand dollars of rehabilitation could be rebuilt into a model working railway. This was originally built in 1904. Grants have been secured to do that from the State, and from other sources, and the Town has agreed to act as a sponsor for their project. Incidentally, this weekend on Saturday is the East End Maritime Festival in Greenport, also sponsored by Greenport Maritime Foundation. At 3:20 we had quite a discussion about the enforcement of the Town Code, and the recommendation that the Board engage the services of an additional person to fill a vacancy that currently exists to strengthen the full fair and equitable enforcement of the Code, and finally at 3:40 we had a discussion about the Youth Support Committee, that Joe. Townsend chairs, and has had several meetings, and the different activities that they would do with youth. There were a lot of other things, that were in the discussion today. I'm not going to try to go over them. They're included primarily, mostly, in the resolutions, that we're going to take up tonight. I think with that, I've probably said too much, 'unless some of the other Board members would like to add something. If not, we'll proceed. I. REPORTS. 2. 1994. 3. 1994. 5. 6. Southold Town Justice Evans Monthly Court Report for August, 199u,. Lawrence Healthcare Town of Southold Benefit Report for August, Lawrence Healthcare PBA Benefit Report for August, 1994. Southold Town Community Development Monthly Report for August, Southold Town Trustees Monthly Report for August, 1994. Southold Town Police Department Monthly Report for August, 1994. II. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of pubic hearing on application of Susan Tasker to construct a single family dwelling, deck, driveway, septic system and a stone revetment along shoreline. The hearing to be held on October 17, 199L~,.beginning at 11:00 A.M., Southo d Town Hall, Main Road, Southold, New York. 2. New York State Department of Environmental Conservation, Notice of Complete 'Application of Suffolk County Water Authority to install two wells north of the Long Island Railroad and Main Road 600 feet from the intersection with Bray Avenue and Old Main Road, Laurel, New York. III. COMMUNICATIONS. IV PUBLIC HEARINGS. 1. 8~00 P.M. on a proposed "Local Law 'n Relation to Wineries". 2. 8.~05 P.M. on a proposed "Loca Law in Relation to Entertainment and Special Events". Public V. RESOLUTIONS. SUPERVISOR WICKHAM: We have, tonight, a series of resolutions. We have twenty-one resolutions, and at 8:00 o'clock we have a Local Law public hearing in Relation to Wineries, and shortly after that we have another Local Law, so we'll take a break at 8:00 o'clock for those hearings. We now have twenty-one resolutions, that the Board is about to take up. Would any member of the audience wish to address the Board on any one of these resolutions, that we're about to take up~ Yes, Mr. Corwin? DAVID CORWIN: My name is David Corwin, and I would like to address resolution number 17, which is for the Marine Railway, and I think this would be a great thing if the Town supports this. I hope you all vote for it. I think it would give jobs for the Village of Greenport, the greater Greenport, and Southold Town in general, and I think it's the first real concrete idea I've seen in a long time. It will really give us some jobs. The other thing I would like to address is resolution number 18, which concerns the Police Report. A copy of the report was given out by Mayor Kapell to anyone in the Village, who was interested, and I drafted some comments prior to your discussing the report this afternoon, but I think they're still pertinent. I'd like to address the Town Board concerning a recent report outlining the actions that would be taken to provide police services to the Village of Greenport, if the Village eliminates it's Police Department. I'm not an attorney, however, it appears to me after reading of McKinney's New State Town Law, and Vi lage Law, that the Town of Southold can not require the Village to contract with the Town for police services. It is entirely up to the voters within the Incorporated Village of Greenport to decide if they want to eliminate their Police Department. It is the obligation of Southold Town Law to provide police services to the village. Several opinions of the State Controller, and an opinion of the State. Attorney General led me to this conclusion. The opinions I found are listed below. Some have been condensed for brevity. Opinion Attorney General 1988 number 77, a town police department has responsibility to the enforcement of laws in villages within the town, that do not have their own police department:. Opinion of the State Controller 1954 number 190, while a town may not contract to furnish police protection to a village located wholly within such town, the town police department may provide service to the entire town. Opinion of the State Controller 1957, number 189, if a village in Suffolk County abolishes it's police department, the town may assume the furnishing of police services therein, however, the village, may not contribute village monies to defray part of the cost of the operation of the town police department. Opinion of the State Controller, 1972, number /~9, it is incumbent on the town to provide police protection to the village. Opinion of the State Controller 1978, number 962, since the town is obligated to provide police protection to a village within the town, where the village has no police Department, the town police have the authority to enforce the village ordinances therein. Opinion of the State Controller, 1979, under kt15, .a village which does not have it's own police department may not contract. The town within which the village is located is already obligated to provide such police protection to the village. I did not understand, why theiTown can propose the contract for $220,000.00,.when so many .opinEons have 'been rendered that indicated it's aPparent responsibility to provide police protection to the village, and must pay for it for the tax revenues from the whole town. The contract you said in your report between the Town of Hamburg, and the Village of Plattsville is for an 'intensified protection. IntenSified protection is defined as a higher quality of service not normally provided by regular control. Quality and service raises the question of ~,what the Town would' do if the Village eliminates the Police Departm.ent, One, ~he: ~l-own could incorporation the village into sector four not :adding any officerS. Two, the Town could hi're four new officers, and create a new sector for the village, as proposed. Three, the Town could probably provide' poi.ice service to the Village, which would require at least eight new officers on the Southold Town Police Force. Councilwoman HusSie knows. Councilman Lizewski knows. The Town Police Department know. The residents of the village know, and I suspect the rest of the Town Board knows, that the proposed four additional men for the Town Police Force can not adequately police the Village of Greenport. Your report says, th~-e must be no compromise of public safety, and either the ToWn or the Vi~llage. The only legitimate major for determining how many Police Officers are needed in the vi age, is the number of cases handled every Week~ T.he (iv~ Town sectors average twenty-eigl~t cases per week. 6 ~;EPTEMBER 20, 1994 The Village averages fifty-four cases per week. A new sector created for the Village should be manned at busy times by two men. Your report makes no mention of what would happen to the $33,000.00 per year, the Village now pays the Town for police dispatcher services. I would llke to remind the Town Board that the Village of Greenport is part of Southold Town. The Village is currently paying into the Whole Town Budget items for services the Village does not receive, such as highway and street light.lng. Why shouldn't the Village get the benefit of whole town police services, if the Village of Greenport eliminates their Police Department? I ask you all to reject the selfish attitude that says, Town's taxes can not be negatively impacted by the Village of Greenport. We can only take from the Village of Greenport. One final note, at the August 9, 1994 Work Session, when Mr. Bill Cremers, and Mr. Joe Gold met with the Town Board to discuss your Police Report before making it public. I was told I had to leave the meeting room. New York State Open Meetings Law specifically details what can be discussed in a closed Executive Session. I do not believe the approval of the draft report was a proper subject for a closed Executive Session. Thank you. SUPERVISOR WICKHAM: Thank you. Those views and others will be most welcome, both tonight and at the informational meeting to be held in two weeks. Any other comments of people who would like to address the Board on any of the resolutions, that are before us tonight? (No response.) If not, let's start in on the resolutions, shall we? 1.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 32, adopted on September 6, 1994, appointing Tracy LePre as a School Crossing Guard, whereas Ms. LePre declined the position. 1.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Ollva, seconded by Justice' Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Pamela Moritt as a volunteer Clerk in the Planning Board office, effective September 12, 1994, at no compensation. 2.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3,-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $4,229.00 to Charles Simmons, which sum represents the difference between the $10,916.00 administrative fee he paid with regard to his approved subdivision, and the new administrative fee of $6,689.00, based on a reduced bond estimate; all in accordance with the recommendations of the Southold Town Planning Board. 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.-Moved by Justice Evans, 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 with respect to the Pond Enterprises certiorari proceeding, and the F.I. Parade Grounds certiorari proceeding, all in accordance with the recommendation of Mr. Cron and the Board of Assessors of the Town of Southold. 4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 5.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattltuck Presbyterian Church to hold their annual CROP Walk on Sunday, October 16, 1994, beginning at 1:00 P.M. at the Mattituck-Cutchogue High School, and using the following Town Roads in SEPTEMBER 20, 1994 97 Mattituck and Cutchogue, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Linden Avenue (Moore's Lane), New Suffolk Avenue, Deep Hole Drive, Reeve Avenue, Mary's Road. 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 Councilman Lizewskl, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance check in the amount of $593,50 (L~7 tickets at $12.50 each, plus $6.00 shipping and handling fee) for the December 6, 199u~ bus trip to Radio City Music Hall; check made payable to Radio City Music Hall; charge to be made to A7320.~,, Joint Youth, Contractual Expenses. 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 authorizes the following 199o, Budget modification to the General Fund - Whole Town to cover advertising, new fall youth brochure, and office supplies: From.' A7020.1 Recreation Administration, Personal Services $ 2,500.00 To: A7020./~ Recreation Administration, Contractual. Expenses $ 2,500.00 7. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 8.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jean W. Cochran a member of the Supervisor's Parks and Recreation Committee, effective immediately, she to serve on said committee without compensation. 8.-Vote of the Town Board: Ayes: Justice Evans, CouncilWoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor WJckham. This resolution was duly ADOPTED. 9.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following Town Roads for its annual Halloween Parade on Monday, October 31, 199k~, commending at 6:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street, Westphalia Avenue, Sound Avenue, Love Lane, Mattituck, New York. 9. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 10.-Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute agreements between the Town of Southold and the following individuals or businesses for the Fall 199u, Youth Recreation Programs, all in accordance with the approval of the Town Attorney: Carmine Arpaia (football) ................................ $15/hour Mike Carbonaro (magic show) ............................ $250/program Cornell Cooperative Extension (ice cream making) ........ $100/program (job express) .............. $55/program Scott Hilary (outdoor education) ......................... $20/hour Mark Mellas (football) ................................... $15/hour Party Kidz (Power Rangers) ............................. $250/program Lauren Pressler (teen nights) ........................... $15/hour 8 SEPTEMBER 20, 1994 Theresa Pressler (youth program) ........................ $15/hour Bob Scott (meet Santa Clausl ............................. $20/hour R~ip9d4ed YMCA - Theresa Marmo (parent/toddler program) ......... $20/parent' ..... Theodore Roosevelt Sanctuary Program (Birds of Prey)...$100/program 10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otiva, Councilman Townsend, · Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 11 .-Moved by Counci woman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Personnel Assistant Barbara Rudder and Clerk Typist Addle Pace to attend a Lovell Safety Management Co., Inc. Workers' Compensation Seminar at Melville, N.Y., from 9:00 A.M. to 1:00 P.M., November 16, 1994, and the necessary expenses for lunch and transportation, using a Town vehicle, shall be a legal charge to the Accounting & Finance Department's 1994 Budget. 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 Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the Fishers sland Ferry District to appropriate federal and state grant funds for airport project: Revenues: SM3097 Capital Grant - NYS DOT $ 9,000.00 SM4097 Capital Grant - Federal Government $ 46,000.00 Appropriations: SM5610.4 Elizabeth Field Airport, Contractual Exp. $ 55,000.00 12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby requests the Suffolk County Department of Public Works to conduct a study along the south side of County Route 48, opposite the Southold Town Beach, in the vicinity of Beverly Road, Southold, for the purpose of determining the need for a "No Parking" sign along that area. 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.-Moved by Councilman Townsend, seconded by Supervisor Wickham, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 20, 1994, AUTHORIZING THE ACQUISITION OF CERTAIN DEVELOPMENTAL RIGHTS IN THE PRIME AGRICULTURAL LANDS WITHIN SAID TOWN FOR THE PRESERVATION OF OPEN SPACES AND AREAS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,750,000, AUTHORIZING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $1,750,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recita I s WHEREAS, Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247"), authorizes the Town of Southold, Suffolk County, New York, to acquire developmental rights in agricultural lands actually used in bona fide agricultural production, which developmental rights represent SEPTEMBER 20, 1994 99 permanent legal interests or rights in land for the preservation of open spaces and areas; and WHEREAS, the acquisition of developmental rights in prime agricultural lands located throughout the Town for the preservation of open spaces and areas and conserving the character of local communities is found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program set forth below. Now, therefor be it resolved by THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable vote of not less than three-fifths of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to acquire such developmental rights in various parcels of prime agricultural lands within the Town for the preservation of open spaces and areas as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247, including incidental costs in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247, provided, however, that no such right in any piece or parcel of such lands shall be acquired until all relevant provisions of the State Environmental Quality Review Act, constituting Article 8 of the New York' Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to so determine and declare. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and to the financing thereof, is $1,750,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,750,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall becom~ due and payable. Section 2. Serial bonds of the Town in the principal amount of $1,750,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (hereini called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said classlof objects or purposes, as described herein, for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. (a) of the La~ is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement qf intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of said $i,750,000 serial~ bonds will exceed five (5) years. Section 4. Each of the bonds authorized by this , resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity SEPTE~B~:R 20, 199~ 10 1 as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service and of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50,00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions, of.the constitution. 102 SEPTEMBER 20, 1994 Section 7, A proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Special Town Election to be held at the same time as. the General Election on November 8, 199L~, and th~s bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote, SUPERVISOR WICKHAM: We have before us a bond, that the Board has discussed at various times. It would go to th~ voters to decide in the November elect!on to replenish the Farmland Preservation Funds. This would be the third Farmland, each one at 1.75 million dollars.. So, I'm pleased to second it. JUSTICE EVANS: I'm voting yes on this, but with an explanation. I think. it's very much in the interest of the Long Island part of Southold, but I think as far as Fishers Island is concerned, we get absolutely no benefit to the taxpayers, yet we'll be paying for this too, and not enjoying the benefits. So, I hope that the Town of Southold, the Board, will take this into consideration, and when there's something for Fishers Island that may be in our interest, but not necessary to the benefit of the rest of the Town, they will consider this. Thank you. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman' Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 15,-Moved by Councilwoman Hussie, seconded by Councilwoman Otiva, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. A Special Town Election of the Town of South0!d (herein called "Town"), in the County of Suffolk, New York, will be held at the same time as the General Election on November 8, 1994, between the hours of 6:00 o'clock A.M. (Prevailing time) and 9:00 o'clock P.M. (Prevailing Ti~) or as much longer as may be necessary to enable the voters then present to cast their votes, at which Special Town Election the following Proposition contained in the Notice hereinafter set forth shall be submitted to the qualified voters, as hereinafter referred to. The polling places in eaoh of the respective election districts of the Town of Southold shall be the same polling plaCes as shall be used at the General Election to be held on that day. Section 2. The Town Clerk is hereby authorized and directed to publish at least once in "The Long Island Traveler- Watchman", a newspaper published in Southold, New York, and the "Suffolk Times", a newspaper published in Mattituck, New York, hereby designated the official newspapers of the Town for such publication, and to post on the sign board of .the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before such Special Town Election, Notice that the Town Board will submit for the approval or disapproval of the resolution hereinabove referred to, said Notice to be in substantially the following form: TOWN OF SOUTHOLD, NEW YORK NOTICE OF PROPOSITION TO BE SUBMITTED AT A SPECIAL TOWN ELECTION TO BE HELD ON NOVEMBER 8, 1994 NOTICE IS HEREBY GIVEN that a Special Town Election of the Town of Southold will be held at the Same time as the General Election on November 8, 1994, between the hours of 6:00 o'clock A.M. (Prevailing Time) and 9:00 o'clock P.M. (Prevailing Time), and that the following Proposition will be submitted to the qualified voters of the Town of Southold and will appear on the ballot, to wit: PROPOSITION SHALL THE RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold, New York, adopted September 20, 1994, authorizing the acquisition of certain developmental rights in prime agricultural lands within said Town for the preservation of open spaces and areas, $t,750,000, appropriating said amount therefor and authorizing the issuance of $1,750,000 serial bonds of said Town to finance said appropriation," BE APPROVED? NOTICE IS FURTHER GIVEN that the polling places in each of the respective election districts of the Town of Southold shall be the same polling places as shall be used for voting at the General Election held on that day. An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that Section 247 of the General Municipal Law ("Section 247") authorizes the Town of Southold to acquire developmental rights in agricultural lands., as defined therein, for the preservation of open spaces and areas that such acquisition of developmental rights in prime agricultural lands throughout the Town is found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature; AUTHORIZING the Town of Southold (the"Town") to acquire such developmental rights in various parcels of prime agricultural lands within the Town for the preservation of open spaces and areas as may be authorized from time to t-ime, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247, including incidental costs in relation thereto, such acquisition being herebY found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set fOrth in Section 247, provided, however, that no such right in any such lands shall be acquired until all relevant provisions of the State Environmental Quality Review Act have been complied with and a final declaration as to environmental impact has been dul~ declared; STATING the estimated maximum cost thereof is $1,750,000; APPROPRIATING $1,750,000 to pay said cost; and STATING the. plan of financing includes the issuance of ~,750,000 serial bonds of the Town, and the levy and Collection of taxes ~ ' upon all the taxable real property within the ToWn to pay the principal of said bonds and interest thereon; . SECOND: AUTHORIZING the issuance of $1,750,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized and the proposed maturity of said serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and anY bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Special Town Election to be held on November 8, 1994 and that this bond resolution shall take effect upon such approval. DATED: September 20, 1994 JUDITH T. TERRY Town Clerk Section 1. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be.published, in full, in each of the newspapers referred to in Section 1 hereof, and hereby designated the official newspapers for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 2. This resolution shall take effect immediately. 15.-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: We have only five more resolutions, so let's do them before the hearings begTn. 16.-Moved by Supervisor Wickham, seconded by Councilwoman Ollva, it was RESOLVED that the' Town Board of the Town of Southold hereby adopts the following amended permit fees for 1995: DISPOSAL AREA Resident (non-commercial) Vehicle Permit - $10.00 for the first permit. Resident (non-commercla) Vehicle Permit - $5.00 for the second permit ~ssued for a vehicle registered to the same address as the first, and provided the application for the second permit is made at the same time as the application for the first permit. Seasonal Guest/Lessee Vehicle Permit - $10.00 BEACH PERMITS Daily Beach Permit (Weekday/Weekend/Holiday) - $8.00 (plus tax) Non-Resident Seasonal (/~/1--10/31) - $100.00 (plus tax) TOWN CLERK TERRY: The only change on the beach is daily for Town Beach, Klipp Park, New Suffolk Beach, where there are attendants. It will go from $12.50 for a weekday to $8.00, and $20.00 on a weekend to $8.00. I tl~ink you might want to say why. SUPERVISOR WlCKHAM: One of the reasons, that the Board has done this, is we found increasing pressure on the road ends in the town for people who want to come and use our beaches. Rather than going to one of our proper parks, there is a-tendency to use the ends of roads, that end down on the beaches. What we felt, that if we lowered the permit fees, we might stimulate greater use of the parks, and put less pressure on those road ends, and less inconvenience to the people who live on them. 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Councilwoman Ollva, 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 a New York State ISTEA TransPortation Enhancement Program Letter of Intent, whereby the Town of Southold will sponsor the rehabilitation of a Marine Railway on the property of Greenport Yacht and Ship Building Co., Inc., 201 Carpenter Street, Creenport, New York. 17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No: Councilwoman HUssie. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: I have to do an explanation. It pains me to have to say, no, to this. However, I read the fine print, and there a few things here that disturb me. The State will give us this money, but we have to assume the responsibility for any cost increases, and cost overruns, which we have no idea what they might be. We, also, have to assume inspection, and maintenance responsibilities, and the last one is to assume other responsibilities as may be required. I look at this as a.. I'm going to say a blank check, which sounds a little bit awful, but just is not certain enough that the $150,000.00, which we're expecting from the Stat. e will be enough to cover everything, that we might run into. So, with my regrets, Mr. Corwin and Greenport, I have to say, non 18.-Moved by Supervisor Wickham, seconded .by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby sets 7:00 P.M., Tuesday, October /~, 199u,, Southold Town Hall, Main Road, Southold, New York, as time and place for a Public Informational Meeting on the question of the Town of Southold undertaking police protection duties for the Village of Greenport. 18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman . Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was iduly ADOPTED. COUNCILWOMAN HUSSIE: I'm voting, yes, but this is not an indorsement of the idea. COUNCILMAN LIZEWSKI: Yes, and I agree with Alice. 19.-Moved by Supervisor Wickham, seconded by Counciiman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for applicants for School Crossing Guard. 19.-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 Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to make application to Suffolk County Division of Real Estate for the purchase of a Suffolk County owned parcel of property, to be sold at public auction; said parcel located at the terminus of Inlet View East, Mattltuck, SCTM#1000-100-03-010.016. 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 Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby re. quests the New York State Department of Transportation to conduct a traffic study on the entire length of Eugene Road, Cutchogue, from NYS Route 25 to Skunk Lane, for the purpose of reducing the speed limit to 35 mph. 21.- 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: That completes our re~olutions for the evening. We can call for a recess, so that we can enter into public hearings. Moved by Councilwoman Hussie, seconded by Supervisor Wickham, 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, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MEETING RECONVENED AT 8:30 P.M. SUPERVISOR WICKHAM: After some discussion I think the Board will put on for discussion at the next Town Board meeting to refine our position to decide exactly what we're going to do with the first one, the one that defines wineries, but I think we are prepared to take up the resolution to enact the second one. Do I hear a resolution to adopt it? 22.-- 22.-- Moved by Councilwoman Oliva, seconded by Councilman Lizewski, WHEREAS, there was presented to the Town .Board of the Town of Southold, on the 6th day of September, 1994, a Local Law entitled, "A Local Law in Relation to Public Entertainment and Special Events"; and WHEREAS, a public hearing was held on this Local Law on the 20th day of September, 1994, at which time all interested persons were g~ven an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 20 199q, which reads as follows: LOCAL LAW NO. 20 - 1994 A Loca Law in Relation to Public Entertainment and Special Events BE IT ENACTED, by the Town Board of the Town of Southold as follows: INTENT: The intent of this amendment is to allow wineries to hold outdoor, for-profit events, under certain restrictions. I. Chapter 27 (tEid~ddrs, fairs, ch-*c~s'es-~nd-pubHc en~certa:hnment) is hereby changed to (Public Entertainment and Special Events) 1. Former section 27-1E is hereby renumbered to 27-1F, and a new section 27-1E is hereby added to read as follows: E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zonln~l Board of Appeals. An application shall be accompanied by a fifty dollar ($50.00) fee. In granting such approval the following factors must be considered: 1.All parking must be off-street and traffic control must be provided by the winery; 2.Adequate sanitary facilities must be provided; 3--All food must be catered and prepared off-site; 4. Events for 300 or more people require preparation of a traffic control plan. I Law shall take effect upon its filing with the Secretary of II.This Loca State. * Underscore represents ** Overstrike represents additions deletions SUPERVISOR WICKHAM: Is this item, that we wish to address this topic? JOHN SIMICICH: I just want to know when that meeting will be? SUPERVISOR WICKHAM: Two weeks from today. The Work Session begins at nine o'clock in the morning, and chances are this will be taken up late in the morning. We have an Order of Business that schedules approximately when each item in our For Discussion session will be taken up. JUSTICE EVANS: You could call the Supervisor's Office. 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: Is there anyone in the audience that would like to address the Board on any matter of your concern? (No response.) We have a very quiet audience tonight. Are there any Board members who can make for that? Any members of the Board, who would to address the Board? Joe, anything you'd like to address? COUNCILMAN TOWNSEND: I don't know if it's appropriate, but there were some comments made about the Police agreement. There was some comments before the resolutions about the proposed Police agreement, and I'd like to point out a couple of things. First of all, just to clarify that, the proposal has not been voted on by the entire Town Board, as you might have gathered, so there may be changes after this informational hearing. I don't know. That will be prior to the Village taking votes, so if there's any changes they will be aware of that. Regarding some of the things that were said, Mr. Corwin, I believe that the Village can legally request greater, as you say, the Village of Hamburg does, more intense Police protection, if they feel they have a greater need. Right now, for instance, the hamlet of Mattituck, which is relatively dense, and actually more populated than the village of Greenport, just has a patrol car, that goes through, you know, as a matter, because sometimes within one sector that south shore, and that is deemed adequate. The Village of Greenport is a very small area. It's 1.1 square miles, and we do have at our disposal, in case of emergency, at least four or five other cars on the road at any one time. SO, the potential there, you know, for adequate coverage is going to be great. However, as a former Mayor, and village resident, I'm aware of the Police protection the Village has traditionally had, and what the population expects, and you refer to the number of calls. I think that reflects their expectation of police protection, and in fact, if you look at the number of cases in Justice Court, that's more proportionate to the number of people there. The. number of cases in Town Justice Court is roughly equivalent to, you know, according to the populations of the village population is. Granted the number of calls are much greater. So, it is possible that the Village could be adequately served by making it one sector. However, that's going to be up to the Village people. It is subject', these two are permissive referendum. I suspect it will go to a public referendum, and the Village will have a chance to decide whether they want it or not. That's basically want I want to say on that issue. COUNCILWOMAN HUSSIE: Then I'm going to say something about that issue. I have a problem with the fact that not the number of cases that make it to Justice Court, but the sense of security that people of Greenport have. The blotter activity in Oreenport compared with Southold is almost four times as much. Not necessarily all those cases will come to Court, but there is a sense, again, the sense of security that the people of Greenport had, and perhaps need. I don't see how we can provide them that service with the proposal that's before everybody, but I'll have more to say later. SUPERVISOR WICKHAM:. I would just like to remind the 13oard, and the audience, that we've taken no decisions on this, except to ask that the pubic information meeting be held two weeks from tonight. All of this discussion is preparatory. It's interesting, but I for one, look forward to that meeting. I look forward to getting the views of the people of the Town on I believe it's Tuesday, October 4th. Two days ater, I believe, the Village of Greenport is going schedule a hearing n the Village, and the subject of their hearing is going to be whether or not the Village will abolish their Police Department. Obviously there's a linkage between them, but they are two different subjects. One is the proposal, that-the Town of Southold has prepared, and the other is the proposition whether or not the Village wishes to abolish their department. Subsequent to those two meetings, I expect there wilt be a joint meeting between the Village Board, and the Town Board to try to iron out differences, and try to come up with a proposition that can gain support, both of our Board and the Village Board, and is in the best interest of the entire town. That's what I'm working for. Are there any other comments from anybody else on the Board? (No response.) If not, I thank you for your patience. Looking forward to seeing you in two weeks. Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:38 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clerk