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HomeMy WebLinkAboutTB-10/04/1994109 SOUTHOLD TOWN BOARD OCTOBER 4, 1994 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. Terryt Town Attorney Laury L. Dowd. 9:15 A.M. - Jeri Woodhouse, Executive Director of The Retreat, and Counselor/Advocate Ellen Neff, made a presentation to the Town Board on the Domestic Violence Services provided by The~ Retreat - crisis counseling, advocacy, information and referral, community education, hotline, safe-houses. Their services are supported by the Town of Southold Office for Women. They are a not-for-profit agency founded in 1988 to prQvide services to victims of domestic violence and their children in the five East End towns. There is an 18-bed shelter on the South Fork.~ Ms. Woodhouse asked the Town Board for direct support in 1995 of $2,400 for the hotline, and office space at the Human Resource Center. She asked the Board to support their request to the state legislature and county legislature for an increase in their non-residential grant. They would like the Town to publicize the Hotline number (298-4760) in all Town publications; .encourage training for police and judges on the new domestic vi61ence law to take effect in January, 1995, and to consider Retreat's request to establish a Batterer's Program in SOuthold Town with an allocation of $6,000 for the program. The requests will be taken into consideration during the budget review. 10:45 A.M. - Charles Cuddy, attorney for Mattituck Bowling Lanes, met. with the TOwn. Board to.request a Quit Claim Deed to small parcel of property along Route 25 in Mattituck. On July 9, 1974 the Town Board made an order abandoning the old State highway contiguous to the bowling alley propertyr and although the abandonment documents suggest that there was an intent to transfer ownership of the property to the bowling alley, it never happened. The Town Board agreed to transfer the parcel by Quit Claim Deed (resolution no.. 23). 10:50 A.M. - Supervisor Wickham explained key areas of his 1995 Tentative Budget which was filed with the Town Clerk on September 30th. He said the budget reflects a proposed increase in spending for 1995 of 1.94 percent and a resulting increase in taxes of~12.5 percent. Supervisor Wickham went on to highlight particular areas.of'his budget. The Town Board set October 11th and 13th to begins.the budget'r, eview process. 11:00 A.M. The Board reviewed the comments of Fagan Engineers with regard to the draft bid specifications for the Fishers Island Metal Dump proiect. They agreed to bid on a lump sum basis, and to request financial and experience qualifications from the bidders. If everything can be pulled together soon the bid should go forward, therefore, a resolution (no. 24) was placed on the agenda to authorize the Town Clerk to advertise for bids. 11:15 A.M. - Planning and Zoning Issues: Councilwoman Oliva led a discussion on the proposed "Local Law in Relation to Wineries". In attendance ,was Harold Watts, who purchased-land in Cutchogue 13 years ago with the intention, not only of planting grapes, but also of establishing a small farm winery. He planted four acres of his five acre farm in grapes and has been selling most of the fruit it produces. Mr. Watts objects to the Local Law's definition of a winery - "shall mean and include any place or premises in which wine is manufactured and sold from grapes primarily grown on a vineyard of at least ten (10) acres owned or leased by the winery. Mr. Watts said 1 1 0 OCTOBER 4, 19,4 if the law is c,'~_'~'~ed as is he would no longer be permitted to pursue his long-term plans. After considerable discussion concerning proper zoning districts for location of a winery, Councilwoman Oliva will tare the proposal back to the Code Committee for further review.----Town Board discussed the SEQR procedure with regard to the Frank Cichanowicz III petition for-a change of zone. Recent correspondence from the Planning Board requests they be a coordinating agency, and outlines the cumulative traffic concerns on NYS Route 25 due to adioinin9 projects, and the Kin9 Kullen Shopping Center which is directly opposite. Town Board agreed there should be a traffic study with specific criteria, and a letter will be sent to the applicant notifyin9 him of same. Also, an informational meeting will be arranged between the Plannin9 Board. Towr'~- Board, Town Attorney, Mr. Cichanowicz, and adjacent property owners to review al of the issues.----Supervisor Wickham proposed to the Town Board they form a TDg. Workin9 Group who would provide the Town Board with a detailed f practical, transfer of development rights program tailored to the specific needs of the Town, with maximum likelihood of successful implementation (see resolution no. 25 for further provisions of the cl",arge). After a discussion of membership on the working group, it was agreed the Town Clerk should advertise for resumes (resolution no. 26) seeking ten members. 12:35 P.M. - Frank lsler and Tom Twomey, Special Counsel to the Town, met with the Board to discuss the Stipulation of Settlement (resolution no. 27) with the NYS-DEC with regard to the Landfill Lawsuit. They reviewed moneys payable by the Town over a seven year period ($650,000). Environmental Benefit portion is $625,000 (Cornell Coop- erative East End Economic and Environmental Institute: $345,000 / East End Environmental Camp SUNY Marine Science Center: $280,000 / Penalty of ~25,000). Lastly, they discussed the Southold deadlines under the Compliance Schedule, which is effective immediately through 2001. A representative of the DEC will be at Town Hall later in the afternoon with the Stipulation of Settlement for Supervisor Wickham's signature following the authorizing resolution at the 4:30 P.M. meeting. 1:30 P.M. - Recess for lunch. 2:45 P.M. - Work Session reconvened. Policy and Finance: The Disclosure Form in the proposed amendment to the Ethics Code will be held for discussion at the October 18th work session.----Proposed Local Law in Relation to Parking Permits for beacheL was discussed and placed on the agenda for a public hearing on October 18th (se resolution no. 28).----Request from the Greenport Softball League for funding of thei electric light bill for the 1994 summer season. Board agreed a contribution should ba made to that group to defray expenses (see resolution no. 29).----Town Board received requests from two not-for-profit organizations for the acquisition of the IBM Series II1 surplus copy machine in Town Hall. They agreed to offer it to North Fork Women's Resource Center (alternate is Hallockville Museum Farm & Folklife Center) see resolution no. 30) .----Request from the New Suffolk School for a "no parking" sign on the south side of King Street between Fourth Street and Fifth Street for safety purposes (see resolution no. 31 for public hearing).----Discussed who will 9° to the Association of Towns in February so Town Clerk can make reservations.----Town Board agreed Supervisor should interview applicants for the Tree Committee vacancies (3), and the Board of Assessment Review vacancy (1). Supervisor will notify Board when appointments have been made with the individuals. ----Town Board reviewed the proposed contract between the Five East End Towns and Entek Research, Inc. for Entek to. perform a feasibility study regarding a multi-town municipal owned utility. Southold Town's share is $4,545.00. A resolution (no. 32} was placed on the agenda approving the contract and authorizing Supervisor Wickham to sign same.---- Councilwoman Hussie submitted her resignation as liaison to the NFAWL/Dog Shelter, after expending considerable time and energy in that position for three- years. Supervisor Wickham and Councilman Lizewski agreed to carry on as co-liaisons (see no. 33). EXECUTIVE SESSION 3:55 P.M. - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva, was Resolved that the Town Board enter into Executive Session to discuss personn~,- and contractual agreements. 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. 4:20 P.M. - Work Session adjourned. 111 REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on October 4, 1994, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 4:30 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. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: ~th. We had looked at the audit of bills for October Moved by Councilwoman Ollva, seconded by Supervisor Wickham, it was RESOLVED that the followin9 bills be and hereby ordered paid:General Fund Whole Town bills in the amount of $46,684.37; General Fund Part Town bills in the amount of $,13,667.73; Adult Day Care bills in the amount of $324.61; SNAP Program bills in the amount of $2,316.62; EISEP Program bills in the amount of $601.90; Community Development Fund bills in the amount of $12,330.00; Highway Fund Whole Town bills in the amount of $4,565.57; Highway Fund Part Town bills in the amount of $103,721.04; CHIPS (Highway Part Town) bills in the amount of $89,322.02; Lighting/Heating Capital A/C bills in the amount of $26,226.91; Fishers Island Ferry District bills in the amount of $11,882.57; Refuse and Garbage District bills in the amount of $451.20; Southold Agency & Trust bills in the amount of $8,234.42; Fishers Island Ferry District Agency & Trust bills in the amount of $1,150.87. 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 Justice Evans, seconded by Councilwoman'Oliva, it was RESOLVED that the minutes of .the September 20, 1994, Town Board meetin9 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 7:30 P.M., Tuesday, October 18, 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: I'm pleased to offer a presentation, a proclamation, this afternoon. The first one that we have is to Mr. Len Llewellyn. It's nice to .have you with us today, and more of your group. This is in recognition of the coming week, the week of October 9th through 15th, as Fire Prevention Week. It's an important period, and there are particular ways that we can help prevent fires. This proclamation is to draw recognition to it, and to your role in Fire Prevention Week. 1 1 2 ocToBER Moved by Supervisor Wickham, seconded by the Entire Town Board, WHEREAS, fire deaths due to some inhalation outnumber fire deaths due to burns by more than two to one; and WHEREAS, smoke detectors are our first line of defense against fire; and WHEREAS, research shows that having a smoke detector cuts our risk of dying in a fire nearly in half; and WHEREAS, even though 90% of U.S. homes have at least one smoke detector, estimates show that about one-third of all homes that have fires have smoke detectors that are not working, usually because of dead or missing batteries; and WHEREAS, the National Fire Alarm Code requires smoke detectors outside each sleeping area and on each level of the home and recommends testing smoke detectors at least once a month; WHEREAS, a smoke detector that isn't working can't protect us from deadly smoke and fire, ,Test Your Detector for Life" is an important message to communicate to our community; and WHEREAS, the fire service of the Town of Southotd is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS, those members of the fire service are joined by other concerned citizens of this town, as well as business, schools, service clubs, and organizations in their fire safety efforts; and WHEREAS, the local efforts of the fire service are sponsored by the activities of organlzations such as the American Burn Association, the American Red Cross, the Congressional Fire Services Institute, the Fire Marshals Association of North American, the International Association of Arson Investigators, the International Association of Fire Chiefs, the International Association of Fire Fighters, the International Association of Black Profession Fire Fighters, the National Association of State Fire Marshals, the National Fire Protection Association, the National Volunteer Fire Council, the United State Fire Administration; now, therefore, be it RESOLVED, that the Town Board of the . Town of Southold do hereby proclaim the week of OCTOBER 9-15, 199~, as FIRE PREVENTION WEEK. This week commemorates the great Chicago Fire of 1871, which killed 300 persons, left 100,000 homeless and destroyed more than 17,000 buildings; and be it further RESOLVED that the Town Board calls upon the people of Southold Town to participate in fire prevention activities at home, work and school, and to heed' the message: "Test Your Detector for Life" as the 199~ Fire Prevention Week theme suggests. Dated: October u,, 199u,. 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: Len, I'1 hand this over, this proclamation to you, and to your people, who have made this possible, and who will continue to protect the Town with the townspeople support, of course, with fire detectors from the ravishes of fire and smoke. LEN LLEWELLYN: Thank you very much, Mr. Supervisor. SUPERVISOR WICKHAM: It's a pleasure. It's nice to have you with Today is a doubleheader. Today we recognized a §roup of people from outside the Town Hall, who play a very significant role in the service to the Town, and at this time we recognize two people, who are inside Town Hall, two very special .women, who have made a very significant contribution to the Town government, and I would just like to read this rather unusual proclamation, one that we don't hear every week, but one that, I think, will be quite meaningful to a lot of people here. Moved by Supervisor Wickham, seconded by the Entire Town Board, WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our stewardship of the present, and remind us of our accountability to future generations; and WHEREAS, archives are central to research and education, both now and in the future,; and WHEREAS, the archives of our governments protect the rights of citizens, support the effective operation of government, and document the evolution of our democracy; and WHEREAS, archives are essential to understanding the diversity of our society and the development of our private and non-profit organizations; and OCTOBER 4, 1 i3 WHEREAS, the sound selection, preservation, accessibility, and broad use of archival records are vital to the present and future citizens of the Town of Southold; and WHEREAS, 9rearer public awareness of archival conditions and increased support for archival programs in Southold Town is urgently needed; and WHEREAS, the Town of Southold, under the direction of the Town Clerk/Record Management Officer has been awarded 9rants for the past four years from The State Education Department, has a Records Management Law in place, developed a Record Management Guide User Manual, created a Records Management Advisory Board, with the Town Historian as a prominent member, to assist in guiding the future archival programs of Southold Town; and WHEREAS, the second week in October is being celebrated statewlde as NEW YORK ARCHIVES WEEK, the theme of which is "Paper Trails to Buried Treasure"; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby proclaim OCTOBER 9-15, as ARCHIVES W£EK IN THE.TOWN OF SOUTHOLD. .Dated: October 4, 1994. 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: Judy, it's a pleasure, and Toni. Paper Trails to Buried Treasure, I like that. Two wonderful people, who have made a real difference to Southold Town. That's a good way to 9et a meeting off to a rousing start. The Town Clerk not only does the archival work, she also has a responsibility to officially ,lay the budget on the table. TOWN CLERK TERRY: That is correct. In accordance with New York State Law, I just want to formally present the 1995 Tentative Budget to the Town Board members. You've all received a copy on Friday afternoon, which is the date, that the Supervisor must file it with me, September 30th. Now, you're going to present your Budget message, Mr. Supervisor? SUPERVISOR WICKHAM; I have a few comments I'd ike to make about the Budget, and I made them briefly this morning during the Work Session, but i'd like to take this opportunity to put them out to the public, and this is just a few: informal comments. The more formal ones, and the documentation, I left with the Board this morning. The Budget, that I prepared, was prepared following a.number of discussions with Department heads of Town Hall, with considerable help from the Senior Accountant, and various applications~ and data entry through his computer. It was the culmination of a series of steps based on those department reauests, and it results in the Superv;i'sor's proposed Budget for 1995 with a spending increase of about 1.9%. Tha~.t is'to say spending by this Town government would increase by about 1.9%, almost 2% more, in 1995 than in 199.u~, according to the Super.visor's proposed.. Budget. When we went through all the numbers, and put it. 'ali together, it turned out that 1.9% 'ncrease in spending will have a disproportionate impact on the tax rate, and when we went through the mathematics of it, ir'turns out.that the tax rate increase indicated in the Budget that I have laid on the desk of each Board member, would be 12.5%, more than 12% increase in taxes with a Budget that calls for less than 2% increase in spendlng~. You will wonder why, why in the world would a spending increase of that size, of less than 2% be reflected in a tax increase of over 12.5%. I would llke to spend a couple of minute to try to explain why that happens. To explain why that happens I want to draw your attention for a moment not to the expenditure side of the Budget, but to the re,venues side, or the income side. Each of us, who runs our own household, we have to worry about spending money, and we have to worry about where the money is coming from. Let's think for a few moments about where the money is coming from, the revenue side. The revenues, that the Town develops to pay salaries, and to pay al of our expenses,, basically comes from three separate sources. One source, obviously, is taxes, property taxes, which in the past year or so have been on the order of about eleven and twelve million dollars a year, but there are two other sources of that spending. Of the two other sources, one of them is from fees, such :as the ye!Iow garbage bags, State aid, or other types of grants, that may come to the Town, that are not exact y part of our taxes. This s on;the ~rder of $4~0~0,000.00. Then there's a third'component of monies, that: is used .to finance the annual Budget of the Town government, and that ~s monies that are left over in the Budget as a fund balance at the end of the year.. T.he Boartd normally appropriates, or makes use of a portion of tt~Ose monies in the S~Jbs:equent, or ensuing year's Budget. Last year at this time, when the previous' Board enacted a Budget, the Board took a look at how much monies were left in the fund balance, and discovered that in fact there was almost $2,000,000.00 of a cash surplus. So, that Board appropriated 1.2 million dollars and plugged it in as revenues in this year. That was a very large number. That's the most, I think, that the Town nas ever used of appropriating of a cash balance into a subsequent year's budget. Because we did at that time put in over a million dollars, 1.2 million dollars, as a cash fund, the previous fund balance as appropriated as revenues, therefore the taxes for this year were reduced accordingly. Okay, during 1994, we have moved along, we have spent monies as per that Budget. We have basically used the monies that ~vere appropriated in that Budget for various things during the year. Now it's the month of October. We're reaching towards the end of the year. - Basically, we have used up the cash balance, that had been properly appropriated for the Budget. As a result, we have a relatively narrow and small surplus at the end of this year, and there is nowhere near the money to put forward, again, into the 1995 Budget to appropriate out of our cash surplus at the end of this year. There will be a small cash surplus, and~ indeed, we will appropriate, I'm proposing the appropriation of about $370,000.00 of that towards the 1995 Budget. Three hundred seventy five thousand dollars is just a fraction of the 1.2 million dollars, that was appropriated last year. Local property taxes are going to have to make up for the gap. Where it was 1.2 million dollars last year, and this year I'm proposing only $370,000.00 of that cash to pull forward into 1995, that gap of almost a million dol ars is going to have to be made up from the only place left left, which is local taxes. Appropriating part of the cash surplus is a one time phenomenon. You can't just do that every year. You use it up. You put it there, and then you use it up. Over a period of years maybe we can build it up again, and somebody can play that card . again. It's not the kind of thing you do in two or three years, because the money just isn't there. The long and the short of it is that, that was a one shot fill-up into our Budget for 1994, and it ~oes not exist for 1995, and to fill that gap there's going to have to be an enhanced roll for property taxes. Even if there had been no spending increase at all this year, even if we'd been absolutely flat in spending there would have been an increase. There would an increase in taxes on the order of 11% or so. So, with that brief introduction of revenue side budgeting, not expense side budget, but revenue side budgeting. I hope that people can see the impact that the different constituent parts of retax rate. Turning now, for just a moment, to the various budgets, that we did enact,- that we did propose, that I proposed to the Town Board. I might just mention our Solid Waste District. The Budget, that we're proposing for 1995, is just a wee bit lower than that for last year,. Those for the Highway Department are also a little bit lower. Those for the General Fund are a little bi~ higher. We have made a number of cuts relative to what the department wanted. 1 think, in my own view, that it's a responsible budget, but it's one that I'm sure the Board is going to want to look over very carefully. I ilo0k forward to working with the Board, as it reviews, and refines that Budget, and hopefully come up with an even more appropriate document to guide the spending and revenues for 1995. So, that is a brief summary of what I review as the most significant aspects of the SUpervlsor's Proposed 1995 Budget. It's now in the hands of the Board, and by, I believe, the 27th of October the, Board is required to enact it's Budget. So, that completes that discussion,of the Budget. I. REPORTS. 1994. 1994. 1. Southold Town Recreation Department Monthly Report for August, 2. Southold Town Building Inspector's Monthly Report for September, 3. Southold Town Program for the Disabled for September, 1993. Ii. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation Notice of information meeting and legislative public hearing to be held November 15, 1994, 6~30 P.M., to provide the public with an opportunity to understand and comment on the proposal to revise 6NYCRR Parts 885 (Nassau County Waters) and 920 through 925 (Sub-basins ]n Suffolk County). 2. New York State Department of Environmental Conservation, application of Edith D. Edson to subdivide a 6.78 parcel into 3 lots on tidal wetlands located on Munnatawket Ave., Fishers Island, New York. OCTOBER 4, 1994 III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR WlCKHAM: We turn to the agenda, which I hope you all have copies of. You can see we have a series of reports, several public notices, and we had a series of discussion items this morning, that I'm not sure that I'm going to go into today. We have sometimes summarized the discussion items. Many of them will, in fact, be taken up as items today in our resolutions, so I propose that we just proceed on to those resolutions items. We have no public hearings this afternoon. We do have two public meetings tonight. One of them is a public meeting. The other is a public hearing. At 7:00 P.M., there a public briefing, or public information meeting by the Southold Town Board on the question of Southold Town providing Police protection to the Incorporated Village of Greenport. That _is a public infOrmatiOn meeting at 7:00 P.M., here in this building, in this room, in which we will explain what the proposal calls for, the status of that proposal, and the rational. We'll listen to people's views about that. At 8:00 there is a public hearing for citizens to express their views on local needs to be met from funds from the Federal Community Development Block Grant. Proposals will be made. People can make comments on those proposals. We can turn now to Resolutions. I think you all have an agenda, and this is an opportunity at this time for anyone who would like to address the BOard on any one of the resolutions, that we're about to take up. Yes, ma'am? Could you give us your name, please? LORI SALMON: My name is Lori Salmon, and I live in Southold, and I'd like to address you about the After School Program in Southold. I believe that you have Mary Jane Purcell's resignation. I hope you don't mind if I read a little, i'm a little nervous, and I want to get my points across. My children are eight and eleven, and I have one here. They're currently enrolled in the program. It's not a free program, as you know, but a program that I'm glad to pay out of my pocket for. At the center assistance is given with homework, recreational games, story telling, arts and crafts, and time spent outdoors with the weather permitting between the hours of 3:00 and 5:30. It's a program that's been way too long in coming, and now, because of what'l believe, and other people that I've spoken to believe, lack of interest by the Human Services Director it almost came to an end. They are on different days of the week seven to fourteen children at the center being Cared for by one person, and that person was Mary Jane Purcell, who has handed in her resignation now. Part .of the reason being, that Mrs. McKeighan has refused to pay for another person to help Mrs. Purcell in caring for the children at the center. There are people who have expressed interest in working there, but Mrs. McKeighan is continually flip flopping between paying, and not being able to pay the caregiver. When they did have a person interested in the job, she. was never nOtified by Mrs. McKeighan, so she took another job. Then Mrs. McKeighan would arbitrarily offer to pay one person, but not another, and I know personalty people who were involved in the program, or who wanted to be involved in the program. This program is making a profit for the Town of Southold at the expense of the children. There are at least twenty-five additional families from Mattituck, Cutchogue, and Laurel, who are interested, but because of lack of transportation are unable to join the program, and :they are feeling that they are being discriminated against, because of that. We need this program. I'm in a working family. I have to work. i don't 'take my kids there to be babysat, because I want to go shopping. They are there, because I'm working, and providing for my family. I want to know that children are safe, and being taken care of while I'm at work. I don't know what I'm going to do if this program's taken away. This is not a program we should have to fight for in this day and age of working families. We've made a commitment to enroll our children in the p~ogram, ~and now they are trying to pull the rug out from under our feet. I~ was given less than one weeks notice to find another place for my children, to go, What ,it eventually comes down to after speaking to Mrs. Purcell, ,who I :might add really put her heart into this program for over a year, and another person who is involved in the program is Mrs. McKeighan is simple not interested. I'm asking you, please, do not let this program die. It's very important. We need it, and I'd like to hear any of your comments, suggestions, questions, anything. Please, keep this program going. SUPERVISOR WICKHAM: Thank you. I would just like to comment that we recognize, I certainly recognize, the importance of the program. Many people have spoken to us. You're really not alone. The resignation came as a surprise to me, and we really haven't had time to deal with it. We certainly will be talking to the people in the Human Resource Center. We will find a way to continue that program in one fashion or another. As you said, it's self-financed, so there's no reason that it shouldn't continue. I really can't comment on Mrs. McKeighan interest in the program. COUNCILWOMAN HUSSIE: I could comment just a little bit. I was talking to Mrs. McKeighan yesterday, and in fact she' said that she was going to have to take Mary Jane Purcell's place, because she was unable to find anybody in this quick amount of time, so my feeling was that she was interested enough to take her own time to fill in the void. LORI SALMON: I hope you'll talk to Mary Jane about that, because of here comments about things that have been going on in the past year. SUPERVISOR WICKHAM: Are there any other comments from the audience, people who would like to address the Board on any matter on the agendat FRANK CARLIN: Good evening. Frank Carlln, Laurel. Item 32, it saysmunicipal utility. 13ack 1986 we went through the same thing. We played the fiddle. We spent $30,000.00 to study this. It was put.up for a referendum. The eole voted it down. They didn't want it, and I keep P P · ' '11 saying, I'll say it again. To have a utihty company ~n Southo d Town w be a disaster. Look at the facts. Just because other towns want, somebody says, jump off the cliff, that doesn't mean we have to. Think of the cost, that it will cost this town, and is that going to be any cheaper for the taxpayers, so, let's don't brainwash the taxpayers that it's going to be cheaper. I can see Councilman Lizewski's point. He's got a business. He thinks he's going to get lower rates. Possibly, yes, don't know. Okay? The reason why our rates are high enough? I'll tell you why our rates are high. The fact that they closed down Shoreham, that's why. We wouldn't have the high rate if they had left Shoreham open. There's a lot of old cables around here. They would have to be replaced. That cost money. I keep over this once before, the money, you'd have to spend for transformers, poles, and sub-stations, and the people, and the trucks, and Union people, 'and the cost of living raises, and you're not going to tell me it's going t~o be any cheaper than having your own company, and LILCO is not only the highest company around. New Hampshire has the highest, and so does other states. In fact, California has a high rate, too. You people are trying to take on something, and believe me, when politicians get into a utility company, forget it.. Forget it completely. You're wasting the taxpayers money, even for that $4,000.00 you want to invest right now in the study. It's foolish. You can't do it, and you won't do it. In a n~onth an important fact that I put across there over a month ago, and it's Very, very, very important, let's don't put it aside, that we have a disa~ster, like a hurricane, and the poles are down, the trees are down, wires are down, do you think Niagara Mohawk are going to jump LILCO, and come out here to worry about Southold Town, and the amount of staff that we're going to have will be able to put them up with a reasonable amount of tim~? No. It will be weeks before we get power out here. Those are the facts you have to consider. Don't try to sell something to the public. We didn't want it in '86, and I can't speak for everybody, but I'm speaking for myself. We didn't want it, and it won't work. Believe me, it won't work. It just won't work. It cost too much money. In fact, try to run cable under the Sound, .forget it, it cost you a fortune. These linemen don't work for $10.00 an hour. They work for $20.00 or $25.00, and I don't blame them, risk their lives out there in the rain, and in the snow, hailing 1~,000 ¥olts. You got to consider all of that. It was done in '86. We didn't want it, and now you people are starting this thing up again, and that's if [ILCO will do it; Now, what happens if LILCO says, no, we're going to .fight you in court on this? Then here comes more attorney money. We've been fighting the Landfill in court, spending the taxpayers' money. Here comes more of the taxpayers money, fighting this in court now. You I be drawing it out for years again. More of the taxpayers' money, why we can't .get the Budget down. There's a lot involved here. LILCO isn't going to give this up this easy. I know what's going on. I know how much this stuff cost, how much this equipment costs, these transformers, and the cherry picker trucks cost? It cost a lot of money, and you need a big staff to supply, you know, one man on twenty-four hours a day. Don't compare Southold with Greenport. Greenport only has about one mile of village or 117 OCTOBER 4, 1994 more to cover. That's not covering 134 miles of Southold, and 20,000 people. So, don't use Greenport, because they got, and it works out for them, it will work out for Southold, It won't work out for Southold. I say, and I predict, if I llve long enough, if we have it, it will be a disaster. Don't spend the taxpayers' money for this study. We spent enough taxpayersm money for studies we don't need to start with. I say it, again, and I'll say it, when politicians get involved in running a utility company, forget it. Joe Townsend, I'm surprised at you. You give me the impression that you was against this utility company, and when you said this afternoon at the Work Session here, you said, well, I don't llke it, but I'll vote for it. Joe, either you vote for something, or you don't vote for something. Be a man about it. Thank you very much. SUPERVISOR WICKHAM.' Thank you, Frank. Is there anyone else in the audience, who would like to address the Board on any matter before us in a resolution this afternoon? (No response.) -If not, I.propose we begin our resolutions. Would someone like to start? 1.-Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southotd hereby grants permisslon Assessor Robert I. Scott, Jr. to attend a "Fundamentals of Exemption Administration, 26" course at Delaware County, Delhi, N.Y., from October 24-27, 1994, and the necessary expenses for meals, lodging, registration and transportation, using a Towri vehicle, shall be a legal charge to the Assessor's 199u~ Budget. 1.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. The resolution was duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Community Development Administrator James McMahon to submit an application to the New York State Department of Environmental Conservation, on behalf of the Southold Town Highway Department, to replace 250 feet of sidewalk and 230 feet of chain llnk fence on Main Street, Greenport, N.Y. 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 Wicl<ham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to .Town Attorney Laury L. Dowd to take a "Town of the Courts", a two-part program on the courts of state-wide jurisdiction IocatecJ in Suffolk County, on September 30, 1994, from 12:30 P.M. to 4:30 P.M., a tour of the Central Islip facility, and on October 14, 199D~, from 7:30 A.M. to 3:15 P.M., a tour of the Riverhead facility, and the actual expenses for meals, $25.00 tuition, and transportation, using a Town vehicle, shall be a legal charge to'the Town Attorney's 1994 budget. 3.- Vote of the ToWn Board: Ayes: Justice Evans, Councilwoman Oliva, Council~nan .Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution 'was duly ADOPTED. 4.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town Of Southold hereby rescinds the authorization for a recreation agreement between the Town and Robert I. Scott, Jr. for the Meet Santa Claus youth program, which was part of a resolution on September 20, 1994, whereas Mr. Scott has volunteered to conduct the program at no compensation. 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 Justice Evans, seconded by by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes advance checks for the following Fall Youth Programs; said charges to be made to A7320.4, Joint Youth, Contractual Expenses: Party Kidz, $200.00 for Meet the Power Rangers program; Theodore Roosevelt Sanctuary, $100.00 for the Birds of Prey program; and Michael Carbonaro, $250.00 for the Magic and Illusion Show program. 5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, COuncilwoman Hussle, Councilman LizewskJ, Supervisor Wickham. This resolution was. duly ADOPTED. 6.-Moved by Councilman Townsend, seconded by Counci man Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Elizabeth Neville, Deputy Town Clerk, to attend a Records Management Workshop entitled, "Removing the Mystery from Micrographics: Introduction", from 9:00 A.M. to 1:00 P.M., on Wednesday, November 2, 1994, at Lindenhurst, N.Y., and the necessary expenses for meal and transportation, using a Town vehicle, shall be a legal charge to the Town Clerk's 1994 Budget. 6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman OHva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $681.50 (47 tickets at $14.50 each) for the March 1, 1995 Ringling Brothers and Barnum & Bailey Circus show at Nassau Coliseum; said charge to be made to A7320.4, Joint Youth, Contractual Expenses; check made payable to Nassau Coliseum. 7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman LizewSki, Supervisor Wickham. This resolution was duly ADOPTED. 8.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Landfill Permits"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, October 18, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Landfill Permits B IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 48-4.A.(2)(c) is hereby amended to read as follows: (c) The fee for the issuance of a essee landfill permit shal be %wefH;¥~f~¥e ~l~lar-s--(-~2&.-)-such fee as shall be prescribed by a resolution of the Southold Town Board. 2. Section 48-4.A;[3)(c) is hereby amended as follows: (c) The fee for the issuance of a guest landfill permit shall be tw~nt~¥e-clo~ka~s--(-$-2&.-)-such fee as shall be prescribed by resolution of the Southold Town Board. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrike represents deletions. 8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. OCTOBER 4, 1994 119 9.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Lung Association of Nassau-Suffolk to use the following Town Roads for their annua' Autumn Escape Bike Trek on Sunday, October 16, 199L~, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Moores Lane, Peconic Lane, New Suffolk Avenue, Bay Avenue, and Peconic Bay Avenue. 9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 10.-Mo~ed by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Parent Teachers Association to use Oaklawn Avenue, Southold, on Monday, October 31, 1994, between 4:00 P.M. and .4:30 P.M., for its annual Halloween Parade, provided they file with the Town Clerk a One Million Dollar Certificate of L[abillty Insurance naming the Town of Southold as an additional insured. 10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 11.-Moved by Supervisor Wickham, seconded by Councilwoman Olive, it was RESOLVED .that the Town Board of the Town of Southold hereby authorizes the following 199~, Budget modification to the Highway Fund - Whole Town: From: DA5140.1Brush & Weeds, Personal Services $ 38,872.90 To: DAB1L~2.1Snow Removal, Personal Services $ 38,872.90 11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. Rescinded October 18, 1994 by Resolution 220 12.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers island Sewer District rent owed by Thomas Shillo, in the. amount of $630.00 for the year 1994, which rent remains unpaid, shall be levied against the real property of Thomas Shillo, and shall be collected at the same time and in the same manner as Town taxes. 12.- Vote of the '~Town Board: Ayes: Justice Evans, Councilwoman Olive, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 13.-Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Cleveland Bakery, in the amount of $157.50 for the year 199L~, which rent remains unpaid, shall be levied against the real property of Cleveland Bakery, and shall be collected at the same time and in the same manner as Town taxes. 13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 14.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes aha directs Supervisor Thomas Wickham to execute an agreement with the following individual for the Fall 1994 Youth Program on Saturday mornings, all in accordance with the approval of the Town Attorney: Kim Koslanowskl (Youth Program) at $1'3.00 per hour. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 1 2 0 4, ,,,4 15.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Darline J. Duffy to Attend an "Introduction to Mass Appraisal, 07" course at Tompkins County, Ithaca, N.Y., from October 17-21, 1994, and the necessary expenses for meals, lodging, registration and transportation, using a Town vehicle, shall be a legal charge to the Assessor's 199u~ Budget. 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 Lizewski, seconded by Councilwoman Hussie, .it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Mary Jane Purcell from her position as Aide-Program Coordinator for the Southold Town After School Program, effective October. 10, 1994. 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 Oliva, 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 Indemnification Agreement between the Town of Southold, Office for Women, and the Women's Outreach Network, Inc. for a Mammography Program to be conducted in the Women's Outreach Network, Inc. van on the Town of Southold Human Resources Center property, Pacific Street and Sound Avenue, Mattituck, on October 28, 1994, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured; said agreement subject to the approval of the Town Attorney. 17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution' was duly ADOPTED. 18.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas S. Nielsen as a volunteer driver for the Senior Services Program, effective immediately, at no compensation. 18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution, was duly ADOPTED. 19.-Moved by Councilman Townsend, seconded by Ju;tice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc. to pay bills incurred under the medical plan of Walter Bondarchuck and wife, retired Town employee, which were submitted by the health provider more than 90 days after the date of services. 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 Councilwoman Hussie, seconded by Councilman Townsend, it WaS RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham t6 execute the National Small Business Tree Planting Program, ' U.S. Small Business Administration, NYS-DEC, 1994 Grant Payment Request in the amount of $5,000.00, all in accordance with the approval of the Town Attorney. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. OCTOBER 4, 1994 121 21 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Megan Johnson, Jessica Edstom, and Michelle Groblewski to work in the Supervisor's office, under a Civic Class Work/Study Program through the MattJtuck-Cutchogue School District, effective immediately, at no compensation. 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 Justice Evans, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to advertise for sealed bids for repairs to Building no. 209, consisting mainly of replacing some 39 windows on the second floor level, all in accordance with the bid specifications. 23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.. This resolution was duly ADOPTED. 23.-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 a Quit Claim Deed to Mattituck Bowling Lanes, Inc. transferring to them a parcel of property, directty north of their .property, adjacent to NYS Route 25, which was formerly a part of "Old. Main Road", Mattituck, all in accordance with the approval of the Town Attorney. 23.-Vote of the Town Board: Ayes: Justice Evans,. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham, This resolution was duly ADOPTED. 2q.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the clean-up and restoration of the Metal Dump located at Mosquito Hollow Road, Fishers Island, N.Y;; all in accordance with the approval of the Town Attorney. 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otiva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 25.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates a TDR (Transfer of Development Rights) Working Group, to consist of ten (10) members, who shall have the following charge: 1. To provide the Town Board with. a detailed, practical, transfer of development rights program tailored to the specific needs of the Town of Southold, with maximum likelihood of successful implementation; 2. To give particular attention to the following issues (but not limited to these): mandatory vs voluntary, credits and/or bank, and delineation of sending and receiving areas; 3. To prepare a Scope of Services for the GElS (Generic Environmental Impact Statement); 4. To meet with and identify people who might be interested in participating in the program; 5. And to interact and present interim recommendations to the Town Board at regular intervals throughout the grou;~'s deliberations. COUNCILWOMAN HUSSIE: (Tape change) Of the Stewardship Task Force, that is now time for the Board to take hold of this, so I wish this group well, but I really think the Board ought to be doing this work. 25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. Abstain: Councilwoman Hussie. Thrs resolution was duly ADOPTED. 122 OCTOBER SUPERVISOR WICKHAM: I would just like to read out the proposed charge for this TDR Working Group as follows. To provide the Town Board with a detailed, practical, transfer of development rights program tailored to the specific needs of the Town of Southold, with maximum likelihood of successfu implementation, arc to give particular attention to the following issues, but not limited to these issues, mandatory vs. voluntary, credits and/or bank, and delineation of sending and receiving areas, to prepare a scope of services for the GELS, number four, to meet with and identify people who might be interested in participating in the program, and finally, number five, and to interact and present interim recommendations so the Town Board as regular intervals throughout the committee's deliberations. That's the charge.to this TDR Working Croup. We have resolution number 26. 26.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for ten (10) members of a TDR (Transfer of Development Rights) Working Group, who will provide the Town Board with a detailed, practical, transfer of development rights program tailored to the specific needs of the Town of Southold, with maximum likelihood of successful implementation 26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. Abstain: Councilwoman Hussie. This resolutions was duly ADOPTED. 27.-Moved by Supervisor Wickham, seconded by CouncilWoman Oliva, WHEREAS the Town of Southold, simultaneously and in conjunction with the Town of Riverhead and East Hampton, has reached a settlement with the Department of Environmental Conservation of all pending r[tigation and outstanding administrative enforcement proceedings with respect to the Cutchogue Landfill and the Fishers Island Meta Dump, including any other potential operational violations that could have been asserte~ with respecz to the town's landfills; now, therefore, be it RESOLVED, that the Supervisor and specia counsel are hereby authorized to execute the Stipulation of Settlement and attachments thereto on beha f of the Town of Southold, which stipulation shall be in the form and substance as annexed hereto and incorporated herein by reference. 27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 28.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Parking Permits"; now, therefore, be it RESOLVED that the To. wn Board hereby sets 8:00 P.M., Tuesday, October 18, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reaos as follows: A Local Law 'n Relation to Parking Permits BE IT ENACTED. by the Town Board of the Town of Southoid as follows: I. Chapter 65 CParking at Beaches) of the Code of the Town of Southold is hereby amended as follows: A Local Law 'n Relation to Parking Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking at Beaches) Of the Code of the Town sfSouthold is hereby amended as Follows: 1. Section 65-3(.4.)(3) is hereby amended as f'bllows: Resident parking permi[s for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle, and affixed to thc right}dc of tln~sr o~tengu~u~ tr~: and shall be valid foSthe vehicle and an attached tra~ler. OC*OBER 4, ,994 1 2 3 2. Section 65-3(F) is hereby amended as tbllows: Nonresident seasonal beach parking permit. Beach parking permits For nortresidents for the period April I through October 31 may be issued by the Town Clerk of the Town of Southold upon application tl~erefor .... ~ ,hy-d,o~}a,o ~ .... ~, at a sum prescribed by resolution ofttle Southold Town Board., which annual sum shall include both the vehicle and boat trailer. II. This Local Law shall take effect upon its filin9 with the Secretary of State. * Strikethroucjh indicates deletion. ** Underline indicates addition. 28.-Vote of the Town' Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman TOwnsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.- This resolutions was duly ADOPTED. 29.-~loved by Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of $582.18 from the Recreation Department 199q. Budget to defray expenses incurred by the Greenport Softball League. 29.- Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Townsend, Councilman LiZewski, Supervisor Wickham. No: Justice Evans. Abstain: Councilwoman Hussie. This resolutions was duly ADOPTED. 30.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby offers the IBM Series Ill, Model 50 Copier/Duplicator machine, which has been taken out of operation, to the North Fork Women's Resource Center; alternate: Hallockville Museum Farm g Folklife Center; the not-for-profit organization to absorb all costs involved in removing the machine from Southold Town Hall to their headquarters. 30.-Vote of the Town' Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 31.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 4th day of October, 199L[, a Local Law entitled, "A Local Law in RelatiOn to Parking of Vehicles"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, October 18, 199t*, 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 of Vehicles BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southotd is hereby amended by addln9 the following: 1. Section 92,z*1 [Parking prohibited at all times) is hereby amended by addin9 the following: Name of street Side Location King Street South At New Suffolk, between Fourth Street and Fifth Street II. This Local law shall take effect upon its filing with the Secretary of State. * Underline indicates addition. 31.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. 32.-Moved by C0uncilman Lizewski, seconded by Councilwoman Hussie, 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 Southampton, Town of East Hampton, Town of Riverhead, Town of Southold, and Town of Shelter Island, and Entek Research, Inc., for Entek Research, Inc. to provide consulting services to perform a preliminary feasibility study of the towns acquiring the transmission and distribution system of the Long Island Lighting Company and the establishment of a community-owned utility ,known as a municipal electric utility, said agreement all in accordance with the approval of the Town Attorney, 12,4 · OCTOBER 4, 1994 COUNCILMAN TOWNSEND: I'd like to explain my vote on this. In the past I've opposed, and been very skeptical of Southold Town's ability to run a public utility, and save money of what we're paying out based on availability of hydropower through the Power Authority, and so forth. What we're voting for here is a report, that is going to be completed for the five East End towns. I've never stated that I've never stated that I didn't think we could save money over LILCO. LILCO is one of the higher charging utilities in the country, and there's no doubt about it, that it affects business out here, and affects everybody's personal finances, to pay these very high rates. If it's possible to do it on a regional basis, if the potential litigation is not going to be too costly. It is possible that we should proceed with this in conjunction with the other towns. My prior opposition has been based on Southold Town doing it along, because I did not feel that Southold Town can do it alone. To be honest with you I am not very optimistic, but I do think we owe it to this community to explore the possibilities fo~ a regional utility. That's why I'm voting for it. COUNCILWOMAN HUSSlE: I have to kind of add to Joe's comments. I think 'that his last point about owing it to the community is really a very valid one. We can all have our own opinions, but until we have a few facts we can't really make a good decision. 321.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. SUPERVISOR WICKHAM:' Since we're making comments, I'll also add comments, that the original proposal to do this came as a Southold Town proposal, that would have cost something on the order of $20,000. What we have achieved here is financing the study by all five East End towns, which has cut the cost significantly, and I think it will produce a much stronger report, because for all five towns to basically take up the issue is a much more persuasive statement, that if one town, small as it is, Southold, would try to do it on it's own. 33.- SUPERVISOR'S APPOINTMENT As a result of the resignation of Councilwoman Alice J. Hussie as Town Board Liaison to the North Fork Animal Welfare League, Inc./Dog Shelter, Supervisor Thomas Wickham appointed the following new Town Board Liaisons: Supervisor Thomas Wickham and C~uncilman Joseph J. Lizewski. SUPERVISOR WlCKHAM: Alice has stepped down from that position, a position that she's handled with energy, and effort, and, I think, with insight for how long, Alice? COUNCILWOMAN HUSSIE: Three years. It needs new blood. SUPERVISOR WICKHAM: The liaison, not the dogs. 3.4.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an additional expenditure of $2,500 for the consulting services of Dvirk~ and Bartilucci with regard to closure of the Southold Town Landfill. 3.~.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duly ADOPTED. SUPERVISOR WICKHAM: That completes all the resolution on our agenda for this afternoon. The 'time is open for any member of the audience to address the Town Board on any matter of your concern. Yes, sir, in the back? FRANK CARLIN: Frank Carlin, Laurel. Tom, being that you, and CoUncilman Joe Lizewski has taken hold of the Animal Shelter, these are two depressing food for thought. This question will be directed to both of you. I understand that the North Fork Animal League is planning on building a new shelter for the animals in the future, and they intend to do it by raising funds, I imagine. Fine. Also, they're looking for a little piece of property extra by their area there. What seems to be the problem . for giving it to them? I mean, is it this big of a deal? Do we have to form a committee to make a study here? That could be done with a piece of paper or a pencil, if they want a little extra property. They're willing to build a new shelter, why canlt we at least donate a little piece of the property to help them out. What seems to be the problem here, Tom? SUPERVISOR WICKHAM: I have to answer that in two or three ways. The first response is, that we really can't speak very clearly about this because it's the subject of negotiations between the League, and the Town. The second point I would make is that both Joe Lizewski, and I, have only moments ago been appointed to this position, and so, we really haven't met, Joe and I, to address this. The third comment I will make, however, 's that I don't think the proposal from the Animal Welfare League calls for a donation of a piece of a piece of property. It calls for some form of a partnership between the Town, and the League, and I~m confident that a partnership alone..I don't know the details yet, but I'm confident that some form of a partnership along those lines will be in the Town's interest, and I hope in the interests of those animaIs in the town that need to be taken care of, -FRANK CARLIN: Well, let me put it another way. To help them with this property, or what ever. To help them, because I know you're aware of this because it was in the paper about two weeks ago, that this subject came up, and you said you'd be looking into it. This is a well overdo project, I'll tell you that. It should have been done years ago for these animals. Now, I want to say one thing. I want to take my hat off to the North Fork Animal Welfare League, of the job they're doing with these animals. There should be more people like that in the town. They're doing a terrific job with these homeless animals. If it wasn't for them we wouldn't have the shelter, that have now, even if it's falling apart. So, they deserve a better place for these animals, and they're willing to try to raise the funds, and I hope they do it, and I'll help them out anyway I can do this. I hope the Town, at least, could help them out on budget they can on this, also. Question number two, food for thought. I drove through Southold this morning by the railroad station, and looked at that railroad shelter we have there. That's really nice. It's aluminum, glass, concrete, got timetables on there. It's really nice, if people want to wait for the train. They can get out of the weather without being exposed to the rain, and the winter. It goes out of Mattituck, you got nothing. It's a disaster. It's a disgrace. Now, if we can have this in Southold, why can't we have one built, it doesn't have to be elaborate, some kind of a shelter built by the railroad station in Mattituck, made of aluminum, and glass. It doesn't have to be elaborate, a lot of money. We have it in Southold, why can't we have it in Mattituck. Seems to me Mattituck is always on the short end of the stick, when it comes to things like this. It's a small item, but it's very important. I see a lot of people standing out there, senior citizens, a lot of people all year round, waiting for the train to come in the snow and rain. A .simple little glass enclosement, maybe ten by eight feet. Is it going to break the Town to put something up like that. We have it in Southold, why can't we'have it in Mattituck? Now, you're going to say to me, that. money was spent by funding or something, but somebody donated it, or whatever, whatever you're say for an excuse. But, l'm not going to be able to make the meeting tonight, because I have to go somewhere else, but anyway, you're ,going to have a meeting tonight on how to spend the $240,000.00 on the fund that you got. My suggestion in advance, I know I shouldn!t be doing it, because that comes out of tonight's meeting, but my suggestion is you take a little bit of that money, don't need much of it, put towards building a little shelter for us here in Mattituck, too, so we'l have some place to Keep out of the weather with. It doesn't take a lot of money. It doesn't cost $'100,000. I'll tell you what. I'd rather see you build one of those things, than spend $30,000.00 to $40,000.00, and putting up a tennis court i'n Tasker Park here on Peconic Lane. SUPERVISOR.WICKHAM: Thank you, Frank. The Long Island Railroad has some f~nds to modernize the stations. We've been talking to them .about putting up some kind of facility in Mattituck, and I'm not clear what their decision is, but. I know they're thinking about it. I'll take that comment under advisement, and we'll see what we can do with it. I think there is a plan to proceed with it. FRA.N.K CARLIN: One more thing, which is very important for us in Mattltu;Ck, to°· The DEC is making a study, the town is making a study, the DEC' ab'out ~raffic safety. Are you bringing up the subject of trying to ta k to these people about getting us some traffic lights at the A&P shopping center, and the King Kullen shopping center? If.. that isn't traffic safety, then I don't know what is. I26 OCTOBER SUPERVISOR WICKHAM: Frank, the State of New York has committed substantial funds in excess of half a million dollars to conduct a detailed traffic study in Southold Town. Because the funds are coming from the State of New York it will emphasize Route 25, and everybody knows that Mattituck is a key issue, probably ' the most serious traffic problems that exist. We're right now, trying to put in place the scope of services with which to engage a consulting firm to carry out that survey. We expect the survey will be done next year. It takes awhile, all of this takes, you know, the machinery gr~nds on. It is in place. Those are series problems, and they will be addressed. FRANK CARLIN: That's a traffic light for A&P, and a traffic light for King Kullen, right? But, did the Town ever, at any time, ever try to write letters to the State explaining the trouble that we have in this town, accidents? SUPERVISOR WlCKHAM: We have pushed it in the case of the Mattituck A&P shopping center on several occasions. In fac(, I visited with the New 'York State Department of Transportation people in their office in Hauppauge, and I specifically brought it to their attention, both verbally and in writing. - TOWN CLERK TERRY: And if I may add this, the did a study, and they said they would put the traffic light up, if it were paid for by the owner of the shopping center, because that's a privately owned 'shopping center, and he has pay for the light. FRANK CARLIN: There are a lot of traffic lights in other towns by shopping centers, but I don't think they're all paid for by shopping centers. I know when they made the study $50,000.00, and $10,000.00 to maintain the light, but here's one can tell them I said so. The Department of Transportation, tell them Frank Carlin said this. I'll put myself on the limb, and I'll say this. Tell them next time. I'd like to see one of them, and *,ell them the same thing. If they can put 'nine traffic lights up in Cutchogue on Route 25 and Cox's Lane, nine of them, then why can't we have one or two in the King Kullen shopping center, and the A&P, and that's a secondary road? Ask them that question. There's where all the accidents are. We have a lot Of accidents there. In fact, Southold only has one traffic light in all the whole town. One, that's in Southold, we have caution light in Mattituck. We have nothing until we hit Greenport. I don't know what to say. There's something wrong with it. SUPERVISOR WICKHAM: Are there any other people in the audience, who would like to address the Board on any matter today? (No response.) Are there people on the Board, who would like to make comments? (No response.) I wonder if I could take the opportunity then to just reflect briefly on Resolution #27, I believe it was, with which the Board ended several years of litigation with the 'DEC. I'd jUSt like to say, that the Board authorized me to sign this today, as Supervisor. It ends more than three years of litigation between the DEC and the Town, and I think it's a suitable time to reflect a little bit on those three years, what's taken place in the past, and where this takes us in the future. First, we took back a bit, The Town joined with Riverhead, and Easthampton to challenge the constitutionality of the Landfill Closure Law. There was no evidence that our Cutchogue Landfill was contaminating the groundwater, and that was the sole justification for the law. We argued that applying the:State's landfill closure procedures uniformly against all municipalities in the State was technologically misguided, and Would be extremely costly for small rural towns like Southold with large landfills, and relatively few taxpayers. We argued, and I still firmly believe that the original New York State Legislation was so misguided, that it should never have been enacted. We took up this legal action together with several other towns. You all know that Riverhead and Easthampton were there. The Town 'ultimately has pursued this through a series of appeals, actions, of one kind or another, and ultimately in the last several weeks have reached an accord with the DEC, that we're able to approve tonight, and we will be signing shortly. The Town has gained by putting this matter to rest. The settlement wipes clean the slate. The New York State DEC is barred from ever raising any issue against us related to the management of our Landfill during these previous years. We are now declared eligible in the DEC eyes for State grants to help finance closure of our Landfills, and, in fact, the stipulated settlement gives us priority in applying for such grants, and Iow interest loans. Most importantly, we have gained by a number of concessions from the DEC on the technicalities of capping and closing the Cutchogue OCTOBER 4, "1994 I27 Landfill, concessions in the nature of variances, that will save several millions of dollars of taxpayers money, compared with the full protocol, that we would normally be held to. There's even gain in the payments the Town has to make under the settlement. You all know that there's a penalty of some $650,000.00 payable by the Town. This. penalty is payable over seven years, but only $25,000.00 of that is an outright fine. Of the remainder over half, $345,000.00 will finance five important environmental projects to be taken up by Cornell Cooperative Extension, and East' End Economic Environmental Institute, and I would just like to summarize very briefly those five or six projects. One of them 'is a program for the safe and productive use of municipal compost on agricultural lands. The second one is a local pest management program to develop organic and safe methods of controlling agricultural pests. The third is a local pesticide testing program to introduce to new organic and safe pesticides for use by local farmers, nurseries, and vineyards. Fourth, to sponsor pest- pesticide container disposal programs for farmers. You may know that it's almost impossible for farmers to dispose of containers contaminated with -pesticides. Finally, a wetlands restoration program through the bays and creeks of the Town would be financed in part from this. So, that's a very important part of the use of the monies, which I think will have benefit to the town, and all of the towns out here. The remainder of the funds would be used to finance a live-in camp during the summer months to be held in Baiting Hollow in which the town residents, a quota of our kids, would have access as campers there. So, to me, this's all benefits that the Town has gained from the settlement, but there's also been gains in other ways. The Towln has gained by the way the three East End towns work together in acting and settling this issue. All three towns have been treated the same way in the settlemen't. We're all settling together, and we've developedsubstantial regional cooperation in solid waste through our experience in this case, cooperation that has extended to other East End towns as well. Of Course, there are costs. There are some costs, that the Town has incurred, not only financial cost, but costs in terms of time. I could go into them at some stage, but I don't think this is really the time. I think the Town of Southold will clearly benefit from the treatment we will receive from the DEC pursuant to the settlement. The likelihood of rece~iving grant funds from the State, and I should say, grant funds to help cap and close our Landfill, interest free loans for two years to help to defray those costs, agreement on cost cutting variances for capping and closure, and even the use of the Town's payments for the purposes that described above. In the end, these practical benefits to the Town, it seems to me, are more important than the original principle that motivated the Town, the former Board, and this Board to pursue the issues that we had put before us for several years. I think, I can't speak for the rest of the Board, but I think, as a Board, we are pleased to put these matters behind us, and get on with the important business of keeping the environment cleam, keeping the town an attractive place, and doing the responsible thing with our solid waste. I might just conclude with a note of thanks to a number of people. First, to this Board, and the previous Town Board, who haveI been consistent, and I would say, if not single-minded, very consistent in p~rsuing the Town's interest on this. There has been negligible playing of plolltlcs, or of people trying to take advantage of it. I do think, that thislBoard, and the previous Board has worked carefully for the Town's interests. Secondly, I'd like to thank the two attorneys, who helped u's considerably in this, the firm of Twomey, Latham, Shea and Kelly, and Franik Isler from a neighboring firm in Riverhead, who both have been extremely important in assisting the Town to reach this settlement, and not onlyithis town, but the other two towns. Finally I really should offer my appreciation to high level officials in the State of New York, who have made this possible, the highest, level in the State, who took an active interest in. it,, and have assisted in making this settlement possible. With that briefs, not so brief, comment I'll just..maybe someone else would like to add a few additional comments? TOWN ATTORNEY DOWD: You could sign it right now. COUNCILWOMAN HUSSIE: This momentous occasion should occur right here in front of everybody. SUPERVISOR WlCKHAM: Would we would llke to adjourn the meeting first? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:50 P.M, Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutions was duty ADOPTED. ~/ ' Judith T. ~err~/ Southold Town Clerk