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HomeMy WebLinkAboutTB-05/13/1997 SOUTHOLD TOWN BOARD . MAY 13, 1997 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J . Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9.:10 A.M. .- Board. of Appeals Chairperson Gerard Goehringer met with the Town Board to discuss the need for a public stenographer for the, Board of Appeals public hearings, and a second part-time Clerk Typist for his office. 9:45 A..M. - Solid Waste Coordinator James Bunchuck met with the Board to report on the six month ""pilot" period for polystyrene recycling. It has been determined that it is , far more expensive to transport the recycled polystyrene then it would be to dispose of it with garbage, . and that is how it will be disposed of in the future.----Mr. Bunchuck also requested permission to charge for unscreened wood chips and shredded brush, and a resolution (35) was placed on the agenda to set a fee for those items. EXECUTIVE SESSION 10:10 A.M. On motion of Councilwoman Hussie, seconded by Councilwoman Oliva,. it was Resolved that the Town Board enter into Executive Session to discuss purchase of property, employment history, and litigation. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman Hussie, Councilman - Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd:----The Board met with Tim Caufield, Peconic Land Trust, Gail Wickham, Esq.', Land Preservation Chairperson Joseph Gold, Senior Planner Valerie Scopaz, and Syma Gerard, real estate broker and consultant, to discuss the purchase of 'the William J . Baxter, Jr. /Fort Corchaug . property. A resolution (36) was placed on the agenda during this Executive Session to hold. a public hearing on the question of the acquisition of open space property of Baxter.----During. the discussion on employment history, resolutions were .placed . on the agenda to terminate the employment of Walter Chance (37) and Laura Dep,tola (38) , employees. at the Human Resource Center.----The Board also placed resolutions on the agenda to transfer Cleric Typist Diane Herbert (40) from the Recreation; Department to the Town Trustees, and to appoint Eileen Conrad (41) as a part-time Clerk Typist for Police .Chief Conway and Lieutenant Cochran. Another .resolution,. (42), was placed on the agenda to engage the services of Michael Cahill, Esq, to represent the Town in the matter of Susan Mason E others v. the Town of Southold. Lastly, a resolution (43) was placed on the agenda to accept a parcel of property at Bay .Avenue, Cutchogue. 12:05 P.M. - Recess for lunch. 1 :30 P.M. - Work Session. reconvened and the Board took up the following items: Request for a refund of a building permit fee by Buovodantona Aliperti. Board agreed to a partial refund (resolution 44) inasmuch as time had been expended in the examination and issuance of the permit by Building Inspector Fish.----Letter -from the Southold Historical Society asking the Town Board to send a letter of support 'L MAY 13, 1997 for the creation of a Southold Historic District. The Town also received a letter to this effect, speaking of the creation of the Southold Historic District. A resolution (45) was placed on the agenda conveying the Town Board's support.---- Memorandum from Town Attorney Dowd suggesting a rewrite of the false alarm ordinance to correct certain defects with regard to the assessment of fees. Ms. Dowd's suggested draft was referred to the Code Committee for review.----Request from Chief Conway for. the appointment of a new Sergeant to replace Sergeant Ship who is retiring on June 12th. Interviews will be scheduled with the first four individuals on the civil service list.----Town Board agreed to the temporary appoint- ment of part-time Account Clerk Janice Smither to the position of Senior Clerk while the position is posted (resolution 46) .----The Town is in receipt of correspondence from the NYS State Retirement System with regard to the enactment of legislation to make a Retirement Incentive Program available to local governments. Senior Accountant John Cushman will be asked to prepare a list of employees who would be eligible to retire under this incentive program.----Town Board set dates to interview applicants for the Board of Ethics and Landmark Preservation Commission-----The Board reviewed the Grants Program request from The Retreat, but did not find the need to offer funding to them.----Town Attorney Dowd submitted a draft of the proposed "Local Law in Relation to Fishers Island Harbor Management Ordinance". Councilwoman Oliva said she would like to send it to Bill Sharp of the NYS-DOT for comments.----Supervisor Cochran presented a proposed resolution in support of NYS legislation whose purpose is the ' establishment of procedures for the creation of new counties. A resolution (47) was placed in the agenda in support of this legislation. 2 :30 P.M. - Town Board reviewed, the resolutions to be voted on at the 4:30 P.M. Regular Meeting. EXECUTIVE SESSION 3:05 P.M. - On motion of Councilwoman .Oliva, seconded by Councilman Moore, it was Resolved that the Town Board enter into Executive Session to discuss employment history. Vote of the Board: Ayes : Supervisor Cochran, Councilwoman Hussie, Councilman Townsend. Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd. 3:55 P.M. - Councilwoman Hussie reported on the Long Island Power Authority/Long Island Lighting Company (LIPA/LILCO) agreement which in Principal is supposed to cut rates initially and provide rate savings over the first five years. In addition, Suffolk ratepayers are supposed to receive a cash refund. The agreement is designed to settle the Shoreham Property Tax and PILOT litigation and other tax certiorari cases throughout Long Island. Councilwoman Hussie asked Supervisor Cochran to send a letter to Governor Pataki expressing the Town's concern and dissatisfaction with the proposal. Most prevalent are comments from the voters of helplessness, disenfranchisement and lack of knowledge of significant details, and to ask Governor Pataki to have the time constraints being imposed by LIPA' restructured to allow the public to more clearly understand the agreement and have input into an arrangement that will affect us for generations. 4:10 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on May 13, 1997, at the Southold Town Hall, Main Road, Southold, N,ew York. Supervisor. Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J . Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: May I have a' motion to approve the audit of bills for May 13, 19977 Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $146,392.00; General Fund Part Town bills in -the amount of $518.21; Community Development Fund bills in the amount of $7,271 .61; Highway Fund Whole Town bills in the amount of $8,230.38; Highway Fund Part Town bills in the amount of $4,301 .97; Capital Projects Account bills in the amount of $2,500.00; Tractor & Payloader Capital bills in the amount of $204,000.00; Employee Health Benefit Plan bills in the amount of • $91,138.81; Fishers . .Island Ferry District bills in the amount of $9,556.65; Refuse E Garbage District bills in the amount of $66,070.07; Southold Wastewater District bills in the amount of $1,651 .97; Fishers_ Island' Sewer District bills in the amount of $43.58; Fishers Island Ferry District bills in the amount of $208.29. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of the minutes of April 28, 1997, Town Board meeting. Moved by. Justice Evans, . seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the April 28, 1997, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Setting the date of the next Town Board meeting for Tuesday, May 27, 1997. Moved by Supervisor Cochran, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board Will be held at 7:30 P.M., Tuesday, May 27, 1997, at the Southold Town Hall, Southold, New .York. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: It becomes something that I enjoy doing from time to time in giving proclamations to different groups of people, that have well earned it, or organizations that have done service for the community, and many, many different reasons. Sometimes they are not happy occasions, but have a great deal of meaning. I have a proclamation to present today, and it is important because it deals with young people, and doing for them, and seeing that they are fed, and to know we have this MAY 13, 1997 problem is not happy, but, hopefully, this can become a positive thing by people in the community taking part. At this time I would like to present this proclamation to Bessie Swan, who is our neighbor in Greenport, and is with CAST, and it's with regret and with feeling of joy, but I think you know what I am trying to say. Moved by Supervisor Cochran, seconded by The Entire Town Board, WHEREAS, the Town Board of the Town of Southold, on behalf of the residents of Southold Town, wishes to recognize the "FEED A KID PROGRAM" initiated in 1993 by Community Action of Southold Town, Inc., also known as C.A.S.T. to provide a weekly bag of non-perishable, healthy food to the needy children throughout Southold Town; and WHEREAS, due to Federal cutbacks, welfare reform and the slow economic turn around for families living on the North Fork, who will be severely impacted by the reduction in assistance available, there is a growing concern that a vital part of our population-the children-will not receive the proper nutrition necessary for healthy development; and WHEREAS, during 1996, the "FEED A KID PROGRAM" provided an average of 61 household averaging 134 children with 486 bags of breakfast and lunch items throughout the eight weeks of the program when school was closed for the summers, and it is anticipated that the need this year will be greater that it has been in the past;. now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby recognizes Community Action of Southold Town, Inc. for their efforts and promotion of "FEED A KID PROGRAM" and encourages each and every citizen of Southold Town to participate in this annual appeal for monetary donations to provide for the children of our community. Dated: May 13, 1997. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I can only, ' again, stress that each and everyone of you out there send a little something, so we can keep these kids fed. BESSIE SWANN: Thank you very much. On behalf of our Board and staff, thank you for your support. Town Board, thank you all for your support. SUPERVISOR COCHRAN: Let's make this the best year ever. I. REPORTS. SUPERVISOR. COCHRAN: As you know the different departments submit to the Town Board each monthly reports. They are filed in the Town Clerk's Office, and they are for public viewing. If you are interested in any of the reports you certainly may go into the Town Clerk's Office, and obtain this information. 1 . Southold Town Recreation Department Monthly Report for April, 1997. 2. Southold Town Building Department Monthly Report for April, 1997. 3. Southold Town Justice Bruer's Monthly Court Report for April, 1997. 4. Southold Town Clerk's Monthly Report for April, 1997. 5. Southold Town Police Department Monthly Report for April, 1997. 6. Southold Town Scavenger Waste Treatment Facility Monthly Report for April, 1997. 7. Southold Town Justice Price Monthly Report for April, 1997. 8. Southold Town Planning Board Monthly Report for April, 1997. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: We have some public notices from the New York State DOT in relation to smaller lots, and the Corp of Army Engineers. We get different public notices from different agencies that have jurisdiction over some of the things that happen within our community. 1 . New York State Department of Environmental Conservation, Notice of Complete Application of Kathleen, James and Michael Neumann to subdivide a 24.9088 acre parcel into two lots. Project located at East Mill Road, Mattituck, New York. Written comments must be received by May 23, 1997. ,t r MAY 13, 1997 JI 2. Corp of Army Engineers, New York District, application of Richard Bingham to reconstruct a pier, add an extension, install mooring piles and two ladders. Project located . in Fishers Island Sound, Fishers Island, New York. 3. New York State Department of Transportation Notice of speed limit change fro 40 MPH to 30 .MPH on Elijah's Lane, Mattituck. 4. Corp of Army Engineers, New York District, replace steel pipe piles to which existing floats are secured. The purpose of this project is to maintain an existing.marina. Comments to be received by May 27, 1997. Ill . COMMUNICATIONS. SUPERVISOR COCHRAN: We had some communications. We had one from the Southold .Historical Society. Maybe you remember last year at Christmastime the schoolhouse that is on the property down at the museum was given by the Dickerson family, and in payment each year they have to give them one peppercorn, , and it is in' a little tiny box, and they .put this one peppercorn on a piece of cotton, and a little bow on it. It was my privilege to present the peppercorn to the Dickersons, and I will be doing it' again. They moved it from the Christmas celebration. It is going to be held on May 24th at 2:00 P.M. , and the ceremony will be a part of their Founders Weekend event, so it should be exciting, and something interesting to visit. They 'do a nice job, as do all other Historical Societies in Southold. Also, there was correspondence from the Association of Towns. I have been appointed to serve on the Executive Committee of New York State Association of Towns, and I did head up to Albany- the other day for my first meeting. I found it rewarding, and very Informative, and I look forward to serving in that capacity. Also, we had a letter from the Association of Towns in relation to the Clean Fuel. Fleet regulations, that have been delayed for .large vehicles that would make quite, a difference in our operational methods. Also, we are very pleased that a young woman in Southold has been named to work for the .,summer for Daniel Moyhihan, and her name is Judy Guild. So, we would like to congratulate Judy. She has the.opportunity for a nice experience, and one, in the political arena, and hopefully make that the direction she will go someday. 1 . Donald M. Bayles, President of Southold Historical Society inviting Supervisor Cochran to participate in peppercorn presentation ceremony. 2. G. Jeffrey Haber, Executive Director of Association of Towns informing Supervisor Cochran of her appointment to ' serve on the Executive Committee of the Association of Towns for the 1997-98 year. 3. G. Jeffrey Haber, Executive Director of Association of Town in regard to delay of clean fuel regulations. 4. Kevin Knobloch in regard to the acceptance of Judy Guild •as a summer intern with Senator Moynihan. IV. PUBLIC HEARINGS. 1 . 5:00 P.M., on a proposed "Local Law enacting a Temporary Moratorium on the Issuance of Approvals and/or Permits for Telecommunication Towers". 2. 5:02 P.M., on a proposed "Local Law in Relation to Farmstands". 3. 5:05 P.M., on a proposed "Local Law in Relation to Farm Stand Permits". 4. 5:07 P.M., on a proposed "Local Law in Relation to Southold Town Farmers Bill of Rights". 5. 5: 10 P.M., on a proposed "Local Law in Relation to Parking Pleas by Mail". V. RESOLUTIONS. SUPERVISOR COCHRAN: We have a Town Board policy, that you may speak in relation to any of the resolutions that are on the agenda. You may address the Board on any resolution that will be coming up at this point. You will have the opportunity later on to address the Board in general on any other Town Board business. ' Is there anyone that would like to address the Board. in relation to the resolutions as printed on the agenda? (No response.) If not, we will begin with the resolutions. 6 MAY 13, 1997 1 .- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Raymond Cleaves Post 861 American Legion, Mattituck,. N.Y., to use the following Town roads for a Memorial Day Parade on Monday, May 26, 1997, 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, and Love Lane. 1 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.- Moved by Councilman Moore, seconded by The Entire Town Board, it was RESOLVED that the Town Board of the Town ' of Southold hereby recognizes the month of May as SENIOR CITIZEN MONTH in the Town of Southold. 2.- Vote of the Town Board: Ayes: 'Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that - the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Budget, effective immediately, for the Police Department classroom: Capital Project Name: Police Department Classroom Financing Method: Transfer from General Fund Whole Town Budget: Revenues A.5031 .30 Transfers from Other Funds $ 9,875.00 Appropriations: H.1620.2.500.200 Police Dept. Classroom $ 9,875.00 3.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.- Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby closes Love Lane and Pike Street, east and west of Love Lane, on Saturday,. July 12, 1997, from 8:00 P.M. to 4:30 P.M. , for the 20th Annual Mattituck Street Fair, sponsored by the Mattituck Chamber of Commerce, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 4.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby closes Harbor View Avenue; from the intersection of Harbor View Avenue and Bailie Beach Road and House #625, Mattituck, between the hours of 12:00 Noon and 5:00 P.M., on Sunday, June 1 . 1997,, for the Annual Cub Scout Pack #39 Pack Picnic and Cubmobile Race, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 5.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MAY 13, 1997 6.- Moved by Councilwoman Hussie, seconded by Justice" Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc., in the amount of $36,400.00, for the construction of three (3) All Weather Tennis Courts at the Robert W. Tasker - Memorial Park, Peconic Lane, Peconic, N.Y., all in accordance with the bid specifications. ' 6.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7.- Moved by Justice Evans, seconded. by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Fishers Island Harbor 'Committee, effective May 14, 1997 through May 14, 2002, they to serve without compensation: Leslie O. Coss Fishers Island Civic Association Elbert M. Burr, Jr. West Harbor property owner Scudder Sinclair West Harbor property owner Barbara W. Macleod Hay Harbor property owner 7--Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. B.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the ' Town of Southold hereby grants permission to the New Suffolk Civic Association to use the following Town Roads for their third annual Independence Day parade on July. 4, 1997, beginning at 11 :00 A.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: O,Id Harbor Road, New Suffolk Road, Fifth Street, Main Street. 8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman. Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,,; it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochrane to execute a lease agreement .between the Town of Southold and Mariculture Technologies, Inc. for the - lease of the following premises for the following terms, at a total rent of $1,500.00; said lease all in. accordance with the approval of the Town Attorney.: Park premises: Half (1/2) acre of Klipp Park, in an area of the parking lot assigned by the Town and located in a way which does . not prevent use of the boat ramp. Eight (8) days between May 15, 1997 and May 24, 1997, with all work to be completed and the site cleared prior to the Memorial Day weekend. Sandy Beach premises: Quarter (1/4) acre of parking lot north of boat ramp off Beach Road, located in a way which does not prevent use of boat ramp. Ten (10) days between May 1, 1997 and May 20, 1997, which may be extended for a reasonable time in the event of inclement weather. 9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. 10.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the. Town Board of the Town of Southold, on the 13th day of May, 1997, a Local Law entitled, "A Local Law in Relation to The Anchorage; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, May 27, 1997, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: MAY 13, 1997 A Local Law in Relation to The Anchorage BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of Town of Southold is hereby amended as follows: 1 . Section 92-42A. (Parking prohibited during certain hours) is amended by Adding the following: Between the Name of Street Side Hours Location The Anchorage Both 10:00 p.m. In Mattituck, from the and 6:00 a.m. guardrail at the westerly terminus easterly to Westview Drive. II . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. 10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly .ADOPTED. 11 .-Moved by Councilman Townsend, seconded by Councilwoman Oliva, 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 purchase of one (1) new Tractor Loader for the Highway Department. 11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of John Simicich, member of the Southold Town Land Preservation Committee, effective immediately.. 12.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 13.- Moved by Councilwoman Oliva, seconded Councilwoman Hussie, it was RESOLVED that the Town Board of the Town -•of Southold hereby authorizes and directs the Town Clerk to advertise for resumes to fill the vacancy on the Land Preservation Committee created by the resignation of John Simicich. 13.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 14.- Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Traffic Control Officer for the 1997 Summer Season, at a salary of $8.99 per hour: Ryan Springer, William Bourguignon, William Clark, Mark Conrad, Roman Wilinski, Joseph Reiter. 14.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 15.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the _Town of Southold hereby modifies the 1997 General Fund Whole Town budget to appropriate donations received for the Economic Conference held on May 6, 1997: 4 y . MAY 13, 1997 91' To: Revenues: A.2705.t1•0 Gifts & Donations Other Donations $ 600.00 Appropriations: A,1010.11.600.200 Town Board, C.E. Meetings & Seminars $ 600.00 5.-Vote of the Town. • Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. � This .resolution was duly ADOPTED. 16.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Edward Grathwohl to attend a Glock Armorers Recertification Course at the Hempstead Police Department, Hempstead, N.Y., on Tuesday, October 7, 1997, and the $75.00 registration fee, and necessary expenses for meal and travel shall be a legal charge to the Police Department's 1997 budget. 16.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17.- Moved by Councilwoman Hussie, seconded by Justice Evans, NEW YORK STATE REVOLVING FUND (SRF) FOR WATER POLLUTION CONTROL RESOLUTION AUTHORIZING SRF APPLICATION AND PROJECT FINANCING AND LOAN AGREEMENT Resolution authorizing the execution and filing of an application and execution and delivery of a Project Financing and Loan Agreement and other documents necessary for SRF assistance. WHEREAS, the Town of Southold' (Legal Name of Borrower) herein called the "Borrower", after thorough consideration of the various aspects of the.problems and study of available data, has hereby determined that the project generally described as Cutchogue Landfill Cap and Closure (Description of Project) and identified as SRF Project Number(s) 51 10, 01 , 0 herein called the "Project", is desirable and in the public Interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately: and WHEREAS,'the Unites States, pursuant to the Federal Water duality Act of 1987 (as such may be amended from time to time, the"Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "SRF Act") established in the custody of the New York State Environmental Facilities Corporation (the"Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, (the "Act") being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New Yorii, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the SRF Act; and WHEREAS, the SRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects; 10 MAY 13, 1997 NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Sou_tliold as follows: (Governing Body of Borrower) 1. The filing of an application for SRF assistance in the form required by the Corporation in conformity with the SRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person, as chief fiscal officer, is directed and authorized as the official representative of the Borrower to execute and deliver an application for SRF assistance, to execute and deliver the Project Financing and Loan Agreement and any other documents necessary to receive financial - assisiance from the Fund for the Project, to act in connection with the Project and to provide such additional Information as may be required and to make such agreements on behalf of the Borrower as may be required: Jean W. Cochran (print name) Supervisor, Town of Southold (print title) 3. The official designated above is authorized to make application for financial assistance under the SRF Program for either short-term or long-term financing or both. 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 50 Wolf Road, Albany, New York 12205-2603. 5. This Resolution shall take effect immediately. 17.-Vote of the . Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Flussie, Supervisor Cochran. This resolution was duly ADOPTED._ 18.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute the 1997 Community. Development Agreement between the County of Suffolk and the Town of Southold, all in accordance with the approval of the Town Attorney. 18.- Vote of the Town Board Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19.-Moved by Oliva, seconded by Councilwoman Hussie, it was RESOLVED. that the Town Board of the Town of Southold hereby grants permission to .Councilman William D. Moore to attend the "Wireless Buildout Regional Conference Series" on May 19 E 20, 1997 at the Sheraton Newark Airport, Newark, New Jersey, and the $195.00 registration fee and necessary expenses for lodging, meals, and travel shall be a legal expense to the Town Board's 1997 budget. 19.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 20.-Moved by Justice Evans, seconded by Councilwoman Hussie; it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to $15.00 to James Cray, Sr. , which sum represents a voided Yard Sale Permit. 20.- Vote' of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MAY 13, 1997 j 1 21 .-Moved by Councilwoman Moore, seconded by Councilwoman Oliva, WHEREAS, the week of May 11 through May 17 has been declared National Police Week 1997; and WHEREAS, the Town of Southold joins all towns, villages, counties and states to remember those who have given the supreme sacrifice and those who continue to serve 'the law enforcement profession; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby recognizes National Police Week 1997 in the great Town of Southold. 21 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. COUNCILMAN MOORE: Part of that resolution they have submitted, or provided us, with blue ribbons, that we can tie to our antennas. So I will be happy to give them to each of our Board members .one of these blue ribbons. 22.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold ' hereby rejects all bids for the Bulkhead Replacement at State Street ("Skippers Lane"), Orient, N.Y. 22.-Vote 'of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 23.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for furnishing all labor and materials and equipment as required for the construction of the Bulkhead Replacement at the road end of State Street (Skippers Lane), Orient, N.Y. COUNCILMAN TOWNSEND: The reason that this is done 'is that the original specs, that went out, had some material problems, and so we are readvertising with different materials. 23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman ' Oliva, Councilman Townsend, " Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town - Board of the Town of Southold here by accepts . the bid of Dome Corporation of North America, in the amount of $59,932.00, for furnishing and constructing a prefabricated circular "Dome Type" structure for use as a Salt/Sand Storage Facility at the Highway Department, all in accordance with the bid specifications. 24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman. Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 25.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt Inc. for furnishing and placing Liquid Asphalt Grades RC-250 & MC-250 within the Town of Southold as follows: $1 .63 per gallon for the mainland, $2.05 per gallon for Fishers Island, all in accordance with the bid specifications. 25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.. This resolution was duly ADOPTED. 26.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt Inc. for furnishing and placing Bituminous Surface Treatment - Asphalt Emulsion Grades RD-2 with No. 1A Stone ("Emulsions & Stone") within the Town of Southold, as follows: ' MAY 13, 1997 Mainland Fishers Island Bituminous Surface Treatment - Asphalt Emulsion Grades RS-2 with No. IA stone $.95 per sq. yd. $1 .90 sq. yd. Schim Mix Asphalt Concrete - Type 5 $49.00 per .ton $99.00 per ton Fog Coat: Asphalt Emulsion Grade RS-2 $1 .00 per gallon $1 .00 per gallon 26.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. , 27.-Moved by Justice Evans, seconded by Councilwoman I-lussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment - Liquid Asphalt 50% RC-25 S 50% MC-250 with Screened Sand ("Oil & Sand") within the Town of Southold as follows: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 & 50% MC-250 with screened sand $.75 per sq. yd. $1 .70 per sq. yd. Schim Mix Asphalt Concrete Type 5 $49.00 per ton $100.00 per ton Fog Coat: Liquid Asphalt 50% IBC-250 6 50% MC-250 $1 .00 per gallon $1 .00 per gallon 27.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment - Liquid Asphalt Grades RC-250 & 1A Stone ("Oil & Stone") within the Town of Southold, as follows: Mainland Fishers Island .Bituminous Surface Treatment - Liquid Asphalt Grades RC-250 6 lA Stone $.985 per sq. yd. $2.02 per sq . yd. Schim Mix Asphalt Concrete - Type 5 $49.00 per ton $100. 00 per ton Fog Coat: RC-250 Liquid Asphalt $1 .00 per gallon $ 1 .00 per gallon 28.- Vote of the Town Board: . Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor. Cochran. This resolution was duly ADOPTED. ., 13 MAY 13, 1997 29.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers to furnish and ' place Hot Mix Asphalt Concrete Pavement - "Type 5 Shim", Sand Mix Asphalt within the Town of Southold, as follows: Mainland Fishers Island 0 - 350 tons $52.00 per ton $100.00 per ton 350 - 650 tons $5.1 .50 per ton $80.00 per ton 650 - 1 ,000 tons $46.00 per ton $70.00 per ton Over 1 ,000 tons $46.00 per ton $70.00 per ton 29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva" Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Councilman Townsend, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers to furnish and place Hot Mix Asphalt Concrete Pavement (NYS Dept. of Transportation - Standard Specifications - Type 6 Top) within the Town of Southold for a period of one (1) year, as follows: Mainland Fishers Island 0 - 350 tons $53.00 per ton $120.00 per ton 350 - 650 tons $47.00 per ton $85.00 per ton. 650 - 1 ,000 tons $50.00 per ton $75.00 per ton Over 1 ,000 tons $48.90 per ton $ 75.00 per ton 30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution .was duly ADOPTED. 31 .-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold High School Marching Band to use Oaklawn Avenue, Southold, between 7:20 A.M. and 7:110 A.M. , from May 15, 1997 through May 23, 1997, in preparation for the Memorial Day Parade, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution -was duly ADOPTED. MAY 13, 1997 32.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of April, 1997, a Local Law entitled, "A Local Law in Relation to Site Plans"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning, all in 'accordance with the Southold Town Code and the Suffolk County Charter; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M. , Tuesday, May 27, 1997, Southold Town Hall, 53095 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 Site Plans BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100.252.1 (Waiver of Site Plans) is hereby added as follows: The Planning Board is authorized to waive site olan aooroval if it determines that: 1. The oroiect involves no chanae in an existing structure: and 2. The oroiect use will not cause any chanae in use or intensity of use of the site which would effect the characteristic of the site in terms_ of oarkina. loading, access. drainage, ooen space cr utilities. The decision on waiver will not reauire a public hearing ar.d .:av 5e granted upon maiority vote bf the board at a public meeting. 2. Section 100-255.5 (Violations of conditions) is hereby added as follows: Failure of the lot owner or other person responsible for a proiect or proposal to apply for and obtain site plan aooroval or to follow the layout or confiauration shown on an approved site Dian or failure to comply with anv limitation or condition of site plan approval either during construction or subsequent thereto shall constitute a violation of this chanter. 3. Section 100-255(A) (Duration of plan) is hereby amended as follows: A. An approved site development plan shall be valid for a period of three (3) years from the date of approval provided the site plan is in conformance.with zonina. All work proposed on the plan shall be completed within three (3) years frorn the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning-Board. 4. Section 100-255(B) (Duration of plan) is hereby deleted as follows: B-All-site-plarm-wnisli-have-reeeived-fir3aI-apprevaI-pr+er4-G4' -eF�aGtmeRt ef-t#�is-Artiste-salt-;ernaia-valid #er-a-per+ed-ef-t#iree{ }-y�earz#rea the date ^: ,^' eRaGtment-Thi>�eraed-will-begiR-when-afl-gev,,emmeatal appFGVats-rhaue-been-ebtained- MAY 13, 1997 1. 5 5. Section 100-256(8) (Fees) is hereby amended as follows: B. Fees. (1) The application fee for a new site plan shall be one hundred fifty dollars ($150.) per acre or any fraction of an acre thereof, plus two and five-tenths cents ($0.025) per square foot of building area. (2) The application fee for a revised site plan shall be one hundred fifty dollars ($150.), plus two and five-tenths cents ($0.025) per square foot of building area. (3) The aoolication fee for a site olan waiver shall be fiftv dollars f$50.1.' whic^ may be acolied to a site olan aoolication fee if a waiver is denied.' 11 . This local law shall take effect upon filing with the Secretary of State * Underline represents additions. Strikethrough represents deletions. 32.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I need a motion to recess for our hearings that are scheduled. Moved by Councilwoman Hussie, seconded by Justice Evans, It was RESOLVED that a recess be called at this time, 5:00 P.M.•, for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman a Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Meeting reconvened at 6:30 P.M.. SUPERVISOR COCHRAN: We will go back to resolutions.— 33.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the. Town Board of the Town of Southold hereby accepts the resignation. of Nancy V. Thompson, EISEP Coordinator, effective May 7, 1997. 33.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 34.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, ' on the 28th day of April, 1997, a Local Law entitled, "A Local Law in Relation to Lot Creation and Structures"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter; now, therefore, be .it RESOLVED that the Town Board hereby sets 8:05 P.M, Tuesday, May 27, 1997, Southold Town Hall, 53095 Main Road, Southold, New York, as time an_d place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Lot Creation and Structures BE IT ENACTED, by the Town Board of the Town of Southold as follows: 6 MAY 13, 1997 I. Section 100-24 of the Southold Town Code is amended as follows: §100-24. Lot creation. [Added 11-28-1995 by L.L. No. 23-1995] A. A lot created by deed or town approval shall be recognized.by the town if any one (1) of the following standards apply and if the lots have not'rrierged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30. 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA' as of the date of lot creation. (2) The tot(s) in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to .June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to .June 30, 1983. (5) The lot(s) in question have residential or commercial structures which have obtained a certificate of occupancy from the Building Deoartment as of the ' date the development entitlement is sought. B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subject to the merger provisions of §100-25. II . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. 34.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, ' Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 35.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets the following fees for the sale of outgoing items at the Southold Disposal Area: 1" size Unscreened Woodchips - $.01 per Ib. /$20.00 per ton 2" size Unscreened Woodchips - $.01 per Ib. /$20.00 per ton Coarse Unscreened Woodchips - $.0025 per lb. /$5.00 per ton 35.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman. Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 36.-Moved by Supervisor Cochran, seconded by Councilwoman Oliva, It was RESOLVED that the Town Board of the Town of Southold hereby sets 8: 10 P.M. , Tuesday, May 27, 1997, Southold Town Hall, 53095 Main .Road, Southold, New York, as time and place for a public hearing on the question of the acquisition , of the open space land of William J. Baxter, Jr. , located on the south side of NYS Route 25, Mattituck, New York. SUPERVISOR COCHRAN: As you may, or may not know, William J . Baxter property is 'Fort Corchaug, that many people have tried to preserve for many years. This is the first step. There are pieces that still have to be put together. The Town has the first step in scheduling a public hearing. We have in reserve, and it's been there for ten years, a million dollars toward the purchase of this property. We have also received a grant of $200,000 from New York State for preservation of this property. As I say, MAY 13, 1997 1.7 I would like to stress that this is the first step. We are hoping the rest of the steps will fall into place, but this is what we have to do first. .So, we will set the hearing. We are hopeful, that many of you who have supported this acquisition for many years will come out to the hearing, and show support for the. action therein. 36.-Vote of the Town Board: Ayes: Councilman ' Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 37.-Moved by Justice Evans, seconded by 'Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Walter Chance, part-time Custodian at the Human Resource Center, effective May 13, 1997. 37.'-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 38.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Laur.al L. * Deptola, part-time Mini-Van Driver, for the Human Resource Center, effective May 13, 1997. 38.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, . Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 39.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold ' hereby authorizes and directs the Town Clerk. to advertise for resumes for part-time summer and part-time year-round Clerk Typist, 17-1/2 hour" per week, at a salary of $6.82 per hour. 39.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 40.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby transfers Diane Herbert, full-time Clerk Typist for the Recreation Department, to the Town Trustees' office, effective - June 2, 1997, and transfers Darlene Hubbard, part-time Clerk Typist for the Trustees' office, to the Recreation Department, effective May 27, 1997. 40.-Vote of the Town Board: Ayes: Councilman Moore, ' Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman` Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 41 .-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Eileen D. Conrad as a part-time Clerk Typist for the Chief of Police and Lieutenant at Southold Town Police .Headquarters, 17-1/2 hours per, week, at a salary of $6.82 per hour, effective May 23, 1997. 41 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. No: Councilman Townsend. Abstain: Supervisor Cochran. -This resolution was duly ADOPTED. 42.-Moved .by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services . .of Sinnreich, Wasserman, Crubin 6 Cahill, LLP, to represent the Town in the matter of Susan Mason E Others v. The Town of Southold. 42.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. .' MAY 13, 1997 43.- Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold' hereby authorizes and directs Supervisor Jean W. Cochran to execute an acceptance of a donated parcel of property of 9403 Skunk Lane, Cutchogue, NY, (SCTM#104-3-17), from EMC Mortgage Corporation, 222 W. Lane Collinas . Boulevard, Irving, Texas 75039. 43.- Vote of . the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.. This resolution was duly ADOPTED. 44.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance of $400.00 refund to Buovodantona Aliperti, which sum represents the withdrawal of Building Permit (#23566-Z), which had been reviewed and issued by Building Inspector Fish. 44.- Vote of the 'Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 45.- Moved by Councilman Townsend., seconded by Supervisor Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of the designation of a Southold Historic District, Town of Southold, Suffolk County, on the State/National Registers of Historic Places, which district would start at about the Southold First Presbyterian. Church and extend westerly almost to Jockey Creek. COUNCILMAN TOWNSEND: This is an area of property that runs from Feather Hill Shopping Mall on Main Street around to just before the marina. It is an area of significant historic interest, and we have determined that it would present no burden to the property owners, and in fact, offer significant. advantages to them. I think it is still in keeping with the appearance of the community, and the historic significance of that area. 45.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 46.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Janice L. Smither to the position of Senior Clerk in the Accounting & Finance Department, effective May 14, 1997 through May 27, 1997, at a salary of $22,216.57 per annum. 46.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 47.-Moved by Supervisor Cochran, seconded by Councilwoman Hussie; WHEREAS, the goal of government should be a commitment to provide services that are cost effective, efficient and responsive to the needs of the resident; and WHEREAS, the Town Board of the Town of Southold is committed to this goal and believes that it is in the best interests of its residents to further this goal at every opportunity; and WHEREAS, there has been submitted to the New York State Assembly >and the New York State Senate bills whose purpose is the establishment of a .procedure for the creation of new counties; and WHEREAS, these bills require the completion of a state authorized study to establish that it is feasible and in the best interests of the residents to create a new county which is able. to provide cost effective and efficient government services; i MAY 13, 1997 Now, therefore be it resolved the Town of. Southold supports New York State Assembly Bill #5702 and New York State Senate #3235 and urges the passage of same by the respective New York State Assembly and New York State Senate, and be it further resolved that the Southold Town Clerk is directed to forward a copy of this resolution to the respective . legislative bodies and the legislators who have introduced the respective bills. 47.- Vote - of the Town • Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. COUNCILMAN TOWNSEND: Do you want to hold this? We can discuss it. SUPERVISOR COCHRAN: I think we should hold it, if we have some clarification to do ourselves. We should hold it.for two weeks. COUNCILWOMAN HUSSIE: That amendment that was offered by the opposition? TOWN CLERK TERRY: Then you would have to redo the whole thing. COUNCILMAN TOWNSEND: Should we have discussion on the matter now? We could reconvene our Work Session. We could do it after we go through the rest of the agenda, and we reconvene. COUNCILWOMAN HUSSIE: I think if we are considering this I don't 'think we can do it in snap judgement, thing. I .would like not to even consider it. JUSTICE EVANS: Not to consider a moratorium? COUNCILWOMAN HUSSIE: Not to consider the addition. SUPERVISOR COCHRAN: You say, not to consider the addition. To go with it this way? COUNCILWOMAN HUSSIE: Yes. a SUPERVISOR COCHRAN: I would vote on it now. COUNCILWOMAN OLIVA: I would vote on it now. COUNCILMAN TOWNSEND: Did anyone have any question about the validity of this moratorium? COUNCILMAN MOORE: The relief mechanism put in the Local Law, that gives them the opportunity to proceed in one avenue, if they. so chose. This is just my opinion. In fact, we just authorized me to attend a seminar. Part of that process includes drafting ordinances. I get to spend two and a half days in Newark, New Jersey. We had a Code Committee meeting several weeks ago, and we already started the process of discussing this issue. TOWN ATTORNEY DOWD: This moratorium gives any applicant with currently pending application an opportunity to seek a variance from this moratorium, is what it is called here, so he could seek relief pursuant to this. .he dismissed it as being impossible for him to achieve, but he hasn't tried yet,. and he proposed language which is very similar to what we already have in terms of a variance. I don't see any significant relief that would be obtained variance-wise by going with this proposed language. SUPERVISOR COCHRAN: I am going to move the resolution. 48.- Moved by Supervisor Cochran,. seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of April, 1997, a Local Law entitled, "A Local Law Enacting a Temporary Moratorium on the Issuance of Approvals and/or Permits for Telecommunication Towers"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter; and 2® MAY 13, 1997 WHEREAS, a public hearing was held on this Local Law on the 13th day of May, 1997, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 7 - 1997, which reads as follows: LOCAL LAW NO. 7 - 1997 A Local Law Enacting a Temporary Moratorium on the Issuance of Approvals and/or Permits for Telecommunication Towers BE IT ENACTED, by the Town Board of the- Town of Southold as follows: Section 1. PURPOSE Wireless communication technology has created the demand for structures on-which transmitting and/or receiving antennae are located. The number of structures absent regulation may be anticipated to increase as the demand for cellular phone service correspondingly increases. The Town Board is concerned that the impact of an unregulated increase in the number of such structures be examined'at this time. Shared use, appropriate setbacks, visual impact and the like would be appropriate subjects for study in detail beyond the present.provisions of Town Code Section 100-31(13)(6), which currently governs public utility structures. This Local Law is intended to provide the Town Board an opportunity to study the likely impacts of the Telecommunications Act of 1996 signed into law by Presidebt Clinton on February 8, 1996, including most particularly, appropriate and inappropriate locations for telecommunication structures, the impact of an unregulated number of such structures and the.likely next stages of development of this technology. Section 2. ENACTMENT OF TEMPORARY MORATORIUM Until one hundred and twenty days (120 days)-from the date of enactment of this local law, after which this Local Law shall lapse and be without further force and effect and subject to an other Local Law adopted by the Town Board during that one hundred twenty day period, no agency, board officer or employee of the Town of Southold, including by way of illustration, not limitation, the Zoning Board of Appeals acting under its special exception use powers under Town Code Section 100-31(B), or the Planning Board acting under its site plan approval powers under Town Code Section 100-250 et al., or the Building Inspector issuing any building permit pursuant to any provision of the Town Code, shall issue, cause to be issued or allow to be issued any approval or permit for any telecommunication tower, meaning a structure on which transmitting and/or receiving antennae are located or any accessory facility thereto, including a structure housing transmission equipment accessory to a telecommunications tower. MAY 13, 1997 -1 Section 3. EXCLUSIONS. This Local Law shall not apply to any person or entity who has, prior to the effective date of this Local Law, obtained all permits required for construction of a telecommunications tower pursuant to Town Code Section 100-31(8)(6), including later applications to repair or-alter (but not enlarge in height) any such existing tower or structure. Section 4. AUTHORITY TO SUPERSEDE. To the extend any provisions of this Local Law are construed as inconsistent with the provision of Town Law Section 267, 267-a, 267-b. 274-a and 274-b, this Local Law is intended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(e)(3) and 22 to supersede any said inconsistent authority. Section 5. VARIANCES TO THIS MORATORIUM. Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law Section 267-b(2)(b) by reason of the enactment and continuance or this moratorium may apply to the Zoning Board of Appeals for a variance excepting the person's or entity's premises or a portion thereof from a moratorium and allowing issuance of a permit under Town Code Section 100- 31(8)(6), all in accordance with the applicable provisions of the Town Code Sections 100-270 et al. Section 6. SEVERABILITY- If any clause, sentence, paragraph, section or part of this Local Law shall be adjudge by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this Local Law.` Section 7. EFFECTIVE .DATE. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions 48.-Vote ' of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 49.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that pursuant to .Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617. 10, and Chapter 44 of the Code of the Town of -Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Farm Stands", which amends the existing regulations of farm stands by defining farm stands clearly. The changes ensure that the retail aspects of farm stands do not unduly encroach into residential areas. This proposal has been determined not to have a significant effect on the environment, because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. :49.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MAY 13, 1997 50.-Moved by Councilman Moore, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of April, 1997, a Local Law entitled, "A Local Law in Relation to Farm Stands"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter; and WHEREAS, a public hearing was held on this Local law on the 13th day of May, 1997, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 8 - 1997, which reads as follows: LOCAL LAW NO. 8 - 1997 A Local Law in Relation to Farm Stands BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-1313 (Definitions) is hereby amended by adding and deleting the following: Farm Stand - Any structure open to the weather on at least one side used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the town of Southold Such structure may be one-story or less roofed have partial walls and floorin but may not be completely enclosed except when the business is closed. A Farm Stand may not be insulated or mechanically heated or cooled by permanent equipment A truck bed or trailer on wheels. with areas in excess of 20 square feet displaying produce. shall be considered a farm stand. F�eadside-Far- -Stand-eF-Agr-ieu Rural-Stand--A-teeth;-stall-gF display.area-exceeding-fifl:y-(5�-square-feet-in-area-lesated en-a4ar•4n4reM-which-agriedl ttira�-preddeta-are-&Wd-fe-the eeRer-al-pol�lic- - 2. Section 100-31A(2)(a) (Use regulations) is hereby amended by adding and deleting the following: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the pre► rises,--sYbjeet--ts--the-following--special requirements,* 3. Delete in their entirety Sections 100-31 A(2)(a)[1]; [21 and (3]. 4. Section 100-31A(2) (Use regulations) is hereby amended by adding the following: (d) The retail sale of local produce from structures of less than twenty (20) square feet floor area shall be set back at least ten (10 feet from any lot line. (e) Farm Stands of greater than twenty (20) but less than one thousand (1,000) square feet floor area are a permitted use only if they hold a farm stand permit issued pursuant to Chapter 47. it. This Local Law shall take effect upon filing with the Secretary of State. ` Underline represents additions Strikethrough represents deletions IN MAY 13, 1997 COUNCILMAN TOWNSEND: Can I have a discussion on the motion? There was some negative comment relative to the size, even though it was more appropriate to the next one than this one. I think since it was more appropriate to the next one we can discuss it in context with the next local law. SUPERVISOR COCHRAN: You should look at as a package. COUNCILMAN. TOWNSEND: We considered everything that was discussed at the hearing, so I have no problem voting on it. We discussed the size and the reason for making it that size, and it has been the subject of at least two of your meeting, or maybe three. COUNCILWOMAN OLIVA: More. COUNCILMAN TOWNSEND: Those issues were kicked around. SUPERVISOR COCHRAN: It was given a great deal of time. COUNCILWOMAN OLIVA: And all members of the Ag Committee, people were there. COUNCILMAN TOWNSEND: So, I have no problem. If it was a new issue, that we hadn't considered, 1 definitely would say we would think about it, but these are the issues we considered. SUPERVISOR COCHRAN: I know you did. Can we call for the vote? 50.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 51'.- Moved by Councilwoman Oliva, seconded ,by Councilman Moore, it was RESOLVED that pursuant to Article, 8 of the Environmental Conservation Law, State Environmental quality-Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will . be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law ,in Relation to Farm Stand Permits", which adds a new chapter to the Code of the Town of Southold. Inasmuch as farm stands are an important part of the town's agricultural character, regulation is necessary to ensure that farm stands remain an adjunct to agricultural uses and do not become significant commercial operations in rural and residential areas. This proposal has been determined not to have a significant effect on the environment, because an Environmental Assessment Form has been submitted adverse effect on the environment is likely to occur should the proposal be implemented as planned 5-1-- Vote - of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 52.- Moved by Councilwoman Oliva, seconded by Councilman Townsend, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of April, 1997, A Local Law entitled, "A Local Law in Relation to Farm Stand Permits"; and WHEREAS, a public hearing was held on this Local Law on the 13th day of May, 1997, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 9 - 1997, which reads as follows: LOCAL LAW NO. 9 - 1997 A Local Law in Relation to Farm Stand Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: MAY 13, 1997 I. Chapter 47 (Farm Stand Permits) is hereby added as follows: 1. Section 47-1. Legislative Intent. Farm stands are an important part of the town's agricultural character. Regulation is necessary to ensure that farm stands remain an adjunct to agricultural uses and do not become significant commercial operations in rural and residential areas. 2. Section 47-2 Permit Required It shall be unlawful for any person to erect, place or sell from a farm stand or stands in excess of a total of hventy (201 square feet in area unless the structure has been issued a farm stand permit by the Building Department. A farm stand is defined in the Zoning chapter of this code. 3. Section 47.3. Standards for Issuance of Permit. No farm stand permit shall be issued unless the structure and operation meet the following requirements All farm stand permits shall be subiect to revocation if the farm stand fails to operate in compliance with the standards set forth below. a No farm stand may be in excess of one thousand (1.000) square feet in floor area Farrnstands in excess of one thousand (1,000) square feet are permitted only with site plan approval from the Planning Board and with special exception approval from the Zoning Board of Appeals and in accordance with Chapter 100 Articles 25 and 26 of the Southold Town Code. b The farm stand must be located on a lot containing at least five tillable acres of land.(.excluding any house or agricultural buildings) owned or leased by the owner of the farm stand. Alternatively, the farm stand may be located on a lot at least two acres in size excluding any house or agricultural buildings) if the farm stand owner can establish ownership or lease of at least five tillable acres of land in the Town of Southold. c The farm stand shall sell only produce, plant stock or products cooked pressed or dried from produce qrown on farming operations within the five East End towns. At least eighty percent 80% of the produce plant stock or products must come from the owner or tenant farmer's own farming operations. A farm stand shall not sell, or manufactured products. d. A farm stand may be operated with an accessory greenhouse, so long as the combined area of both structures does not exceed 1000 square feet. All greenhouse operations are subiect to the restrictions listed herein. e. The topsoil which lies under the farm stand or accessory greenhouse must be retained permanently on the site. f The farm stand and greenhouse shall be set back a minimum of fifty (50) feet from the adjoining public road. in order to allow cars to maneuver on the farm stand site without creating traffic safety problems on the road. MAY 13, 1997 x ; q The site shall provide onearking space for every 100 square feet of stand and greenhouse area,_in a location approved by the Planning Board. 4. Section 47.4. Fee for Permit The fee for a farm stand permit shall be in an amount set by the Town Board by resolution as amended from time to time. 5. Section 47.5. Nonconforming Fans Stands A farm stand existing on the date of adoption of this law which does not conform to the provisions of this chapter shall be deemed to be a nonconforming building and shall be subject to the provisions within this code for nonconforming buildings. 6. Section d7-6 Penalties for Offenses Any violation of this Chapter shall be _grounds for revocation of the farm stand permit. Furthermore any violator of this Chapter shall upon conviction be guilty of a violation punishable by a fine not exceeding five hundred dollars'($500) or imprisonment for a period not to exceed Fifteen (15) days, or both Each day on which such violation shall occur shall constitute a separate additional offense. For a second and subsequent conviction within eighteen (18) months thereafter such person shall be guilty of 2 violation punishable by a fine not exceeding one tlbusand five hundred dollars ($1 500) or imprisonment for a period not to exceed fifteen (15) days or both such fine and imprisonment. II . This local law shall take effect upon filing with the Secretary of State. *Underline represents additions. 152.-Vote of the Town Board-: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Fifty-three and fifty-four, those are the Farmers Bill of Rights", we are holding. 55.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of April, 1997, a Local Law entitled, "A Local Law in Relation to Parking Pleas by Mail"; and WHEREAS, a public hearing was held on this Local Law on the 13th day of May, 1997, at which time all interested persons were given an opportunity to be heard; now therefore, be it RESOLVED that the Town Board hereby enacts Local law No. 10 - 1997, which reads as follows: LOCAL LAW NO. 10 - 1997 A Local Law in Relation to parking Pleas by Mail BE IT ENACTED, by the Town Beard of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Section 92-60 (Penalties for offenses) is hereby amended to read as follows: Every person convicted of a traffic infraction for a violation -of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York 'shall, for a first conviction thereof, be punished by a fine of not more than fifty dollars ($50.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment-, for a second such conviction 2 MAY 13, 1997 within eighteen (18) months thereafter, such person shall be punished by a fine or not more than one hundred dollars ($100.) or by imprisonment for not more than forty-five (45) days, or by both such fine and imprisonment; upon a third or subsequent conviction within eighteen (16) months after the first conviction, such person shall be punished by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than ninety (90) days, of by both such fine and imprisonment. (B) .All persons cited on a town parkina summonsi for a violation of this chapter, permit parkinq or parking related violations shall be subject to a fine of thirty-five dollars ($35.) and shall answer . and/or appear on or before the designated return date. Persons failing to appear on or before the designated return date)shall be subject to the following surcharges in addition to the prescribed fines: (1) For failing to answer and/or appear within three (3) months of the return date twenty dollars $� 20.). (2) For failing to answer and/or appear within six (16) months of the return date, an additional twenty dollars ($20.) in addition to the su_rch_a_rge imposed in subsection 1 above. _ � II . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. 55.- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. Abstain: Justice Evans This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: Jean, before we go to fifty-six, I wanted to say something about the moratorium. When I did my vote on the moratorium, life just passed by. It appears that the speaker against this moratorium felt that this was an action pointed at him, and I would (just like to say, for the record, that we have other applications coming down the pike, and we can't wait, and this is not something we are doing against that particular firm, but we are doing it for the good of the 'whole town. We have to do it. It can't wait. COUNCILMAN TOWNSEND: Alice, as utilities go, it is a relatively inexpensive utility. That's what happens. You could ha e a lot of these things. It's not like putting in a new telephone system where you have one, and it just stops. I mean, you have with the cosh of these towers people could put them up. So, it is an important action. COUNCILWOMAN HUSSIE: My point is, that it is not pointed at them. They are all off. , They are coming .out of the woodwork . SUPERVISOR COCHRAN: Bill is going to come back with I all the answers. We do have a resolution that I will hold until the end of the meeting. We lost one of past police officers this past week,, and usually when an employee of the town has been with us for a long time we close the meeting with a resolution, so after we have Board reports I would hike to share with you the resolution in relation to Mr. Hulse. What we will do is call on 'the Board. Do you have anything to report at this time, we would be very happy to have them share it all of us, and we will start with Judge Evans. JUSTICE EVANS: I don't have anything earth shattering to say. We had a State Emergency Management meeting with John Gibson about our emergency management plan. They are still trying to figure out how Iwe would get off the island if there was some kind of mishap, that happens at the nuclear power plant in Connecticut. SUPERVISOR COCHRAN : I know that has been ongoing for a while. Councilwoman Hussie? i i 4d1•i;:. "MAY 13, 1997 27 COUNCILWOMAN HUSSIE: I do have something earth shattering. It's the LIPA LILCO situation. The Town has nothing to say about it, because this is the LIPA, which is the Long Island Power Authority. An authority does not have. to answer to anybody, and they don't have to ask for you to do anything at all, for us to do anything, and yet there is an agreement barreling toward signature in Albany. I think that you almost all have been following this to some extent. I urge ' you to call the , Governor's Office, because I think this is going to be signed, or have something done to Friday, and ask him, please, to hold off making any commitment because this is not a good * deal for us, at least not with the information we have been given so far, and we really ought to be able to have something to say about 7.2 billion dollar bond, that we are going to have to pay. SUPERVISOR COCHRAN: I am going to stop Board reports right now, and ask the audience if there is anyone that would like to address the Board on any Town business over and above the hearings. Yes? TERRY LESTER: My name is Terry Lester. I live in Southold, and I, too, am very concerned about the LIPA-LILCO deal. The only information I have gotten from is in Suffolk Life, and not only 7 billion, but after fifteen or twenty years it is going to be more like 20 billion. COUNCILWOMAN HUSSIE: Yes, when all of the debt service is paid. TERRY LESTER: I was speaking to Alice on the phone about this, and most people don't seem to know how much we' are being held hostage by LILCO. We are going to be paying an extra $61 .00 a month over and above your electric bill starting I think in the next three years. Why do we want to take over another power plant„after what we have gone through with Shoreham? There is something in the paper about it now. They are being fined $200,000 because of mismanagement. COUNCILWOMAN HUSSIE: You are talking 9.9? ' TERRY LESTER: They are owned by Lake Ontario. Why do we want them? I would love to call Governor Pataki myself, but I think it would mean a lot more if all the Supervisors could call in from all the different towns, and if Pataki knows that he certainly won't get elected again, if this goes through. SUPERVISOR COCHRAN: Alice has been kind enough, as a meinber of the Board, to attend the different meetings, and any information that comes into this office is funneled right to Alice, and she gave a report to the Board this morning, and when I had my Ten Town Supervisor's meeting they have all been watching it very carefully, because they are . not completely sold on this, and you may have seen Pete McGowan from Islip has said that he is not going to support picking up Brookhaven's bill, and it goes on, and on, and on, and as Alice explained to us this morning that, sure, they are going to lower the rate but then they are going to tack on the surcharge, so your bill is not going to go down. What the Board has suggested that a letter be sent from my office tomorrow asking for a delay in decisions, so that people have the opportunity to just More fully understand what is -happening. TERRY LESTER: LIPA was created by Coumo. Why it is going on, Cuomo has been out. Kessel was kicked out, and now he is back in again. I see no advantage for Long , Island in this at all, not to me, my husband, who has a business on Long- Island, or anyone. If you are going to be stuck with $61 .00 extra a month over and above that alone would kill it for me. Why are we constantly bailing .out LILCO? If any other big business has problems the ratepayers won't always bail them out.. SUPERVISOR COCHRAN: The Town -Board, we intend to get communication out tomorrow of our .opposition. TERRY LESTER: I hope there will be other Town Boards, and get a little, more support behind it. SUPERVISOR COCHRAN: The trouble is everything is happening so fast. MAY 13, 1997 COUNCILWOMAN HUSSIE: One of the big problems about this is that it was May 6th before the actual agreement was finalized, and it is supposed to be signed on the 14th or the 15th. That is two weeks. Again, I go to the 7.2 billion dollars, I mean in two weeks you can not analyze anything. We ought to be given time. One of the problems is the fact that they are talking about everything having to be done by June 1st, in order to allow LILCO to take advantage of a 2 billion dollar capital gains reduction. TERRY LESTER: Why is LILCO telling us what to do on it? Why are we allowing it to happen? COUNCILWOMAN HUSSIE: Because it is authority doing this, and we have nothing to say. TERRY LESTER: LILCO, also, has been sitting on our taxes since the 1980's that they have collected from us, and we are supposed to get back from them. Right? Why wasn't that ever pursued? COUNCILWOMAN HUSSIE: In my view point, not speaking for the Board, this is terrible, absolutely terrible. We are bailing out anybody, who had not conducted this business in a good manner, .so he was able to meet his bills, and do the whole thing, would go out of business and be bankrupt, as in deed the New Hampshire Power Company did, and the State of Washington Power did. They had to go bankrupt. They were restructured, and they now have lower rates. But, for some reason, there is this feeling that we have to safe LILCO. I don't feel that way. TERRY LESTER: This deal also precludes us from getting a better deal from anybody else. COUNCILWOMAN HUSSIE: For power, yes. TERRY LESTER: For fifteen years they are not allowed to do that. COUNCILWOMAN HUSSIE: Even though they talk about competition, but it is impossible to have competition when you sign a side contract that says, you have to buy the power from LILCO producers. Where are you going to get anything else? TERRY LESTER: I also find people I talk to really, don't. know any of these details. COUNCILWOMAN HUSSIE: That is right, because you have to dig like a badger before you can find them. TERRY LESTER: Mrs. Cochran, you said you would be sending out a letter. How would you feel about trying to get in touch with all the other Supervisors? SUPERVISOR COCHRAN: We can fax everyone of them, telling them what we are doing. Lucille from Southampton had an informational meeting which Alice attended the other night, and they have already gotten a letter off to Pataki. COUNCILWOMAN HUSSIE: It is not a letter as much as a statement for the meeting that they held at the Ramada Inn in Riverhead. We did have a statement. The thrust of it was, that ' we had nothing to say, and especially he is concerned about the certiorari problems with Brookhaven, and Shoreham School District. TERRY LESTER: Is LIPA pushing this to get Brookhaven off the hook? COUNCILMAN TOWNSEND: Jean, do you suppose you could possibly get a representative from LIPA to attend a Town board meeting, so we can discuss it. SUPERVISOR COCHRAN: It's happening Friday. We are going to fax a letter, because that is the only way we can get it there in time. S v t. MAY 13, 1997 29 COUNCILMAN TOWNSEND: Unfortunately, I did not attend the hearings, and I wouldn't mind hearing '" LIPA side. I think it would give the people here an opportunity to ask directly. TERRY LESTER: If you had LIPA there I would hope that you would have somebody who could counter what LIPA is saying. COUNCILMAN TOWNSEND: That is a very good suggestion. COUNCILWOMAN HUSSIE: I would love to have a meeting, if we could have a meeting for it. I mean, even if they do sign something, maybe we could overturn it. TERRY LESTER: I don't think LIPA is giving you all the facts. That is all I have to say, but I do hope it is acted on. Thank you. SUPERVISOR COCHRAN: Thank you. Yes? THOR HANSEN: Thank you very much, Madam Supervisor. I am Thor Hansen. I live in "Orient, but I am here representing Southold Citizens for Safe Roads, which has . a membership throughout the town. I am sure it hasn't escaped the attention of this Board that the Cross Sound Ferry has reintroduced the operation of a high speed passenger ferry service for the third summer. Almost two years ago the Planning Board did determine in it's resolution of 14th of July, 1995, "that under Southold Town Law .Cross Sound must have the revised site plan review, and approval before the introduction of it's passenger ferry service. As you know the last administration went to court over that. Last year the Planning Board did - determine in their positive declaration; ,; and, again, in their .scoping outline that the expansion was a Type I and that, that may have a significant negative impact on the local environment. Despite all .of this . " they seem to starting up their third summer, and as far as we can see the Town, itself, has taken no action to pursue that two year old suit, ..which was filed by the previous administration to enjoin the operation of the passenger ferry until a non-segmented SEQRA Review was completed. Nor.,:, has it even responded, that we -know of, to Cross Sound Ferry's legal challenges. They have " had two Article 78s they submitted legally challenging the authority of the Town to review and to regulate it's activities. It seems to us that it should be fairly obvious that if the ferry allowed, permitted, to operate that passenger ferry for a third summer without objection, the town alone will certainly have just relinquished it's right to control the ferry in the future. They will be able to attest that if they operated for three years, the Town didn't pursue any rights, it's own rights to stop it. I would recall for you, and if you read the proceedings of the suit that the previous administration made, Cross Sound's lawyer in that proceeding, took the General Manager of -the ferry back over and over again, and said, now, when you introduced the Cape Henalope did the Town make any objection? That was increasing." No, they didn't. When they introduced the John H. was there any movement by the Town? No, there wasn't. It went on like this for two or three pages of that testimony bringing forth that, that the Town had'taken no action ,toward the ferry group. I am saying we are starting - a third- summer, and there has been no Town action. We should go back to court, and - say to the Judge, there's a new Judge now, as I think you all know, the previous Judge said, the ferry should in a reasonable amount of time come in .with a site plan. They still haven't. They came in with a site plan that was incomplete at one point in June, and the Planning Board told them to come " back. Three weeks later, they came back in July with" the same Site Plan, and they improved it. Get it from the SEQRA. Let's get it going. Now, twice the ferry has brought action against the Planning Board,, saying they have exceeded their authority. We think it's getting very late right now for the Town to do something. If they do that now, it's just going to squander their- control. The lack of action can become an action in itself. We also feel that, I have written to the Planning Board .on this, " but the Town Board, you are the elected officials, you are the ones that have responsibility (tape change) We, also, feel that you, as Board members, . elected officials are responsible for. how the town spends it's money for legal help. We understand that you spent over $40,000 ' on this particular, issue. But, as far as we can see nothing has happened. As I " say, the ferry has filed a couple of actions. We have responded to them, SCSR, on behalf of our membership. As far as we know the Town has 3_0 MAY 13, 1997 made no response at all. . We feel we have tried quite hard to work with the Town. Each of the actions we have filed, the Article 48s, we have asked to intervene on behalf of the town. In a sense we have been rebuffed on that. But, our question right now. is a fairly simple one, and that is, do you intend to take action now along the lines I have been talking about, to go back to the Judge, and say, look, it has been two years, and nothing has happened? They were told to come back in a timely fashion, the ferry was, and they , haven't done it. Do you have plans to actively confront this issue or not? That is what I am here to ask. SUPERVISOR COCHRAN: I _ am going to have the Town Attorney respond to your comments, Thor. TOWN ATTORNEY DOWD: The Town has engaged the services of outside counsel - on this case, and . it is being handled by outside counsel and overseen by the Planning Board. The Town Board is not directly involved in the oversight or the management of this case. It is a case between the Planning Board, and the Cross Sound Ferry. THOR HANSEN: Well, that may be the case, but, as I said in my presentation, the Town is paying that attorney. They have a responsibility to spending their money for that attorney, and we don't have much evidence, any evidence really, that much has happened with that attorney. We know you spent- some money. We see no papers filed by that attorney on behalf of the Town. The first suit, by the way, I know was brought to the Planning Board, but it was in the name of Southold Town, if, you recall. But, that is my question to you. We tried to work with the Town, but if this continues we will probably have to take action, and bring some action. against the Town, as distasteful as that is to us personally, but we feel that we are just watching nothing happen, and I wanted to make that clear to you as a Board, and it doesn't help me much, or our group, to be told that this is a problem for the Planning Board. This is the elected Board of this town. You are supposed to represent the issue of the citizens it would seem to us. COUNCILWOMAN OLIVA: Laury,, .ray I ask, at what stage is the Cross Sound people in relation to t1he SEQRA process? Are they not supposed to be preparing a Draft Environmental Impact Statement? TOWN ATTORNEY DOWD: Yes, they are. COUNCILWOMAN OLIVA: Is there any time limitation on that in which they must submit that to the Planning Board? TOWN ATTORNEY DOWD: If there is, I am not directly involved in it. I have heard second hand that it is in September, but I can't attest to that of my own knowledge. THOR HANSEN: Under the SEQRA Law, there is a particular time limit at this stage on the ferry, and you understand in most cases when someone brings a site plan to the Planning Board, it is in their interest to get it, so they can operate. In this particular case, the ferry is already operating. Now, the one point was when the previous administration did go to court, and the judge did not grant that injunction He did say to the Town at that time, that if you don't get satisfaction, although these aren't his exact words, but if you aren't able to work together, and come to a solution on this, you can always come back to me, to the judge, the court should say, because there is a new judge, and that is what I'm saying, is that the Town hasn't done that. It's been over two years. The latest we know is that in September, in April, April 24th I think, the lawyer for the ferry told the new judge, that it was his understanding that the Town's attorney, to whom you refer, would have no problem with dropping the Article 78 procedure until SEQRA was completed, and he talked about October. You said September he actually said October, as I recall. But saw that submission by the attorney for Cross Sound. He was saying it was his understanding that the Town's attorney would agree to that. That, we don't think is a very good . idea. It is a whole another summer of operation'. MAY 13, -1997 31 COUNCILWOMAN OLIVA: Just speaking personally, Thor; knowing that the one summer every weekend I counted cars, and found the. situation to be extremely dangerous. Now, last summer I was asked again to go up during . weekends, and count some cars. Again, they improved by directing cars, but they are getting over 200 cars in that one parking lot, and I mean they are really squished in. To me it is an accident waiting to happen, and then who is going to suing whom? It is going to be against the town. I would really like to recommend to the Board, that we ask the Planning Board to speak to their counsel to ask Cross Sound to act in a most expeditious manner, and get that DEIS in before the summer, because I agree with you. I think the longer it is delayed they are going to have an accomplished fact, and it is going to be a fait accompli by the time we get anything, and I think we should move on it. THOR HANSEN: That sounds great to me.. That is why I figured I wanted to make these points to you. SUPERVISOR COCHRAN: What we can do is at the next Town Board have a review and an update on the entire project and status. COUNCILMAN TOWNSEND: We can look at the issues that you raised relative to it, investiture, or whatever you call when an applicant claims that because he has been allowed to do it he can continue. Certainly we don't want the_ status of our Planning Board's case imperiled by that. I am a little wary of saying, you know, getting involved in an extended conversation, and promising to do things, and so forth, because it is. a case that is pending, and there are already articles 78 out there. But, do believe that it is our fiscal responsibility in the past to have �requested that we meet with the attorney relative to the expense of - the case, and the progress, and the likelihood of completion, and so .forth. Those issues -are still valid. SUPERVISOR COCHRAN: We will bring' it up at the next Board meeting. THOR HANSEN: As I say, when you think about it, I refer you all back to read the proceedings. That was emphasized over and over. Thank, you. SUPERVISOR COCHRAN: Is there anyone else that would like to address the Town Board? JIM DINIZIO, JR. : My name is Jim Dinizio, Jr. I live on Sound Road,. and I hope someday to obtain the eloquence and restraint that Thor Hansen. has when it comes to speaking. You know last time I was here, and that's why I say that, I made some comments that, you know, . that may have led you to believe that .I think you are picking on Creenport for whatever reason. 1 went home and thought long and hard about that, and .I came up with some paperwork. As you know, I participate in Town government, and here is the reason why I had that thought. I probably should .have brought this . piece of paper then. But, it is a synopsis of the August 19th meeting. Now, you can stop me if you need to. Okay? It involves a lawsuit. My only 'intention here is my school district and the taxes that pay. Everything else is somebody else's, but I get impressions from, you . know, just like everybody else, from the environment, people's comments, and this particular synopsis of that particular Planning and Zoning meeting was written by Val Scopaz, and initialed by her, and it says under 'life care primary, it is a table of proposed uses, proposed changes to Zoning Code, and reasons for change. In the third paragraph under life care primary is they recommend through permitted by right in the HD District, which is the lot up there that is being considered right now, the recommendation to permit this . use of Hamlet Density Zoning District by right request the need for this type of facility in Southold, and the appropriateness of this zoning district for this type of use. The HD District is the most intense residential zoning district. It permits one unit for every ten thousand square feet provided public water, and sewage services are available. I think that speaks for itself. There is only one lot in Southold Town. Creenport Village has sewer. They have public water. There is only one lot in Southold Town that is available to it, that is empty, that has available to it sewer and. water. That is Brecknock Hall property, as I understand it. I know of none in Cutchogue. I know of none in Mattituck. I know of none in Southold, that have both of those 3,-2 MAY 13, •1997 available to them. This is my thought process. This is the reason why came up to you, and said what I said, and again, I would love to have what Mr. Hansen has, the talent to be able to express myself without waving my hands, and I apologize. This is part of public record. I did participate in that law, and I did make my comments known, and if you can correct, however you go about doing it. All I want is for my school district to be paid it's fair share. You know you mentioned LIPA. We get hit again, Alice. Sixty thousand dollars we lose if that LIPA plan goes off. Sixty thousand, I .said that for months. I have written to Pataki, sent him E-Mail. I have done.. everything I possibly can. Everybody should do that. It is a bad .deal. It is a poor deal, because not only do you get better rates, but you are paying those rates because they are going to tax exempt. So, you are not gaining anything. You are just repositioning where the money is going to go. So, that is all I have to say. Thank you for your indulgence. SUPERVISOR COCHRAN: Thank you, Jim. Is there anyone else that would like to address the Board? TERRY LESTER: I don't. know if you read Suffolk Life, but that is where I have gotten my information, and it has a lot of information on LIPA. SUPERVISOR COCHRAN: We get that, and I have been getting a great deal from different municipalities, and different groups that are looking both pro and con at it, and as I say we are funneling it all through Councilwoman Hussie, and she is keeping us updated. Thank you. Anyone else like to address the Town Board? (No response. ) If not I will continue with Board reports. I just have to say, Bill's youngest little one has her music program tonight, and families are important, so, he left at 6:55 P.M., so that he could go over to the school, and watch his child. Councilwoman Oliva? COUNCILWOMAN OLIVA: The most important thing, the Anti Bias Task is producing a program in Mattituck this Monday, May 19th at 7:30 with a documentary, Not In Our Town. We are going to have a panel discussion following that with, hopefully people in the audience participating. I would just urge everybody out there, it is really a very important event. It's May 19th, this Monday coming. It is in the Mattituck High School. We are going to present a documentary, Not In Town, which shows that everybody is in denial, but they are usually our problems, and would just urge everybody to attend. I think you will find it very informative, and very enlightening. I would just like to say real quick, because it is getting late, it has been a very busy two weeks. We have had an Economic Conference, which I attended, and found most interesting, because believe the business people have come to the realization, at least now, that the environment is our economy, our economy is our environment, and that we have to protect what we have out here. They were all in agreement. Hold your zoning. Put your businesses in zone that you think it should be in. Keep the North Road open. Keep the businesses in the hamlets. Provide for the parking, and really help us out in any way you can that way, but we are really interested in keeping our farming, agriculture, and tourism in tact. I thought it was most interesting. Except for one person, and I have' to say his viewpoint was the only way that we could increase our economic base by having 60,000 people year-round. SUPERVISOR COCHRAN: Yes, he wasn't too well received. COUNCILWOMAN OLIVA: We, also, had a very small., but a very good meeting about the habitat restoration along Long Island Sound, and we should be probably getting some grants with that as long as we start progressing on our Local Waterfront Revitalization Program. We are going to get the computers to enhance this. We are getting two more grants, one for Mattituck Inlet, to start planning the road runoff on that, and that should be significant, I hope for the shellfish industry there, and also, we received another grant to build our clam beds, which they usually put out in Goose Creek. I was, also, very privileged to be asked to go to the Children's Conference put on by Save the Bays for the Peconic Estuary Program. We had many of our school children from Cutchogue East, from our Lady of Mercy here, Southold Schools, all put on skits and did wonderful exhibits on wetlands, on bird preservation, how to make up games using these type of environmental things about the bays. It was a MAY 13, 1997 .3 wonderful presentation, and I really have to give Gayle Marriner-Smith, and her whole crew, a lot of credit. it was a wonderful morning. Then we went over to see VanDeWetering's greenhouses, called Ivy Acres in Calverton. It's an immense greenhouse operation. They bed millions and millions of plants, and so much of it is mechanized, and it's fascinating just to watch. This grew from one lady, who went to her husband, and said, just putting these plugs in these other pots by hand is .ridiculous, that they came up with a machine, that they have patented now, and sold to other greenhouses to plant these plugs automatically into pots that we have them. If-- anybody doesn't know, fifty percent. of the greenhouses in New York State are growing plants, and flowers are done on Long Island, which I think is very interesting, and, also, that I would like to take to the Code Committee, we are looking at greenhouses, and how to build them. We need some definite structure information, but the interesting thing is they thought that you could build them almost from the ground up without having to dig down, and take a lot of the soil away. That is something we are all going to be taking back, and Cornell University approves of this, and so does Co-op Extension. So, it's been a very interesting and . busy two weeks. SUPERVISOR COCHRAN: .. It has. Councilman Townsend? COUNCILMAN TOWNSEND: Thank you. It's a long meeting. I, also,' attended in part the Economic Conference. I think it was interesting: am glad that some of the issues are raised, and I was frankly surprised when I read. . ) left after the round table discussions. I wasn't there for . the public question and answer, but I was interested to note that the business community really has come around to what was considered an the business in the downtown areas, which environmental position before on brings me to the fact that next Thursday we are going to be having a Planning and Zone meeting where we will discuss the changes to '.• the business zones, that we have developed so far. That will be at 7:30 on Thursday. Listening to the Supervisor, I went to the Elder Forum, because of a variety of reasons, because of my business, and also, because have a father who is quite elderly, and is confronting some of . these issues, and' I found it fascinating.., It was very in-depth,,- and illuminating conversation about the economic perils of growing g old, and. how easy it is'tl lose, your life savings for health care not having planned properly.. ood . encourage , people, if it happens again next year to go. It's a very g thing . for the community. Also, that morning in the middle of my _ normal father daughter weekly breakfast, we swung by the Peconic Tasker .Park, and watched the initial construction by the Rotary Club of the playground there. That was interesting to see this thing go together. I, asked Jim McMahon where the master builder Bill Moore was? That is an in joke.. . Lastly, the last couple of months I have been head of the Personnel Committee; which in the past basically oversees decidedt interviews put for forthposition, proposal schedules, and so forth; but I, al for hiring new personnel for the department heads to create a statement of need, and something .I gave to the Town Board today for, their input. would like to see a form created by each department head, that includes such thing as the ten year history of department level staffing, the . specific needs, or unaccomplished tasks, that require. new or replacement personnel, list of skills required for the position, analysis of other alternative, such as part-time, contracted, or shared personnel, any. efficiency, or cost reduction that might result from the new position. We have seen that local taxes increase primarily through the addition, of personnel to the pay roll. If we are really going to attack taxes we are really going to have to, you know, try to be careful with new hiring. So; we will see if we can go forward with that. That is all I have.. SUPERVISOR COCHRAN: Good. You both shortened my report considerably: ' Ruth mentioned the grant that we got for $40,000 for.., Mattituck Inlet, and the stormwater the SState , for dthat. The Economic ,800 for our clam program, so we are thankful for Conference, I was very happy it went as well as it did. I would liketo thank the. many people that gave us support by way of supplying o ur lunch, and our breakfast, to some of the things that we auctioned off, or we raffled off at the end of the day. They all received thank you letters, and I . would just like to personally thank them again on behalf„of myself, and the Town Board. I had the- opportunity to drive up to Bethpage, and they are part of the Long Island , Wetland Restoration Initiative, which MAY 13, 1997 is being cosponsored by the DEC, Ducks Unlimited, US Game and Wildlife, and Suffolk County Vector Control. It was the time for signing the contract. These four agencies are working together to begin to do projects the length of Long Island in restoring wetlands. It was exciting to be part of it, and they are looking at several areas in Southold Town as possible sites for restoration, so hopefully they pick the sites, and do it for us. had the opportunity to attend the graduation of our seasonal police officers, and on behalf of the Board I would like to congratulate Police Officer Frank Lybert, and Police Officer Thomas Saladino. It was a nice day, a nice program, and they are both proud as punch, and we are happy to have them aboard as part of our professional police department. I had the opportunity, I was asked to go over to Southold School, and take part in their read-a-thon. I haven't read stories to children in quite some time. My children and my grandchildren are grown up, so it was kind of nice, sixth graders, and I picked a story that I thought they would like, and it went real well. In fact, someone wasn't able to make it, so I ended up with two six grades, and it was nice. I,also, attended my first meeting as a member of the Executive Board of the Association of Towns and Villages in Albany, and I found it very rewarding, and it's kind of nice to get to know officials from other towns throughout New York State, Supervisors, Highway De.partment Supers. It's a nice: exchange of ideas and thoughts, and seeing how the other half lives, so I'm going to enjoy that position. Ruth mentioned Ivy Acres. It was, to me, completely overwhelming. The Suffolk County Planning Board Association, it was their meeting that they were holding there through the American Planning . Association, and as Ruth shared with you the tour of the facility was just unbelievable. I mean, these people handle millions of flowers each growing season. COUNCILWOMAN OLIVA: It is fascinating. One thing I got a kick out of, when they just have a light snow, because the greenhouses are made of plastic, sometimes two layers. They take a helicopter and they fly over the place to dust the snow off. . It is an amazing place. SUPERVISOR COCHRAN: It's wonderful. An unbelievable facility, fully automated. That was most enjoyable. Did stop by the park also, Joe, and to see all these young people, and these young mothers and dads, and people from Rotary. I got there"at lunchtime, so I shared lunch with them, so that was kind of nice. They had big heros donated. The Elder Conference is something that the Nutrition Center does each year. This was the fourth year. They have attorneys that share information with the people that attend in ' relation to trust, wills, just anything for estate planning, and it is very beneficial, excellent program. I have gone two years in a row to just say, hello, and I end up staying the whole morning, because it's just intriguing. Anyone that has never attended should watch for it next year, and it is very beneficial to all of us. I would just like to call your attention to the notification we got that the speed limit on Elijah's Lane has been changed from 40 miles an hour to 30 miles an hour, so I would just like to encourage you all to slow down for the new speed limit. Of course, you can now pay your ticket by mail, but not that one. It's only on parking, not on speeding. That is all I have, and at this time I would like. to present to you the resolution, which will be the final resolution of this meeting. Moved by Supervisor Cochran, seconded by The Entire Town Board, WHEREAS, this Board has learned with deep sorrow of the death of former Southold Town Police Officer ROBERT M. HULSE; and WHEREAS, in his service to the people of the Town of Southold as a Southold Town Police Officer for twenty-eight years from August 29, 1957 through June 1, 1985, Mr. Hulse distinguished himself as a dedicated and conscientious public servant; and WHEREAS, the Town of Southold. is grateful to the family of ROBERT M. HULSE for sharing him with the Town for those many years he gave of his time, talents and energy; and WHEREAS, the Town Board of the Town of Southold wishes to give formal expression of its loss in the death of ROBERT M. HULSE, man esteemed by his associates and respected by all, now, therefore, be it MAY 13, 1997 :J RESOLVED that when the Town Board adjourns this day, it does so out of respect to the memory of ROBERT M. HULSE, and be it further RESOLVED that a copy of this resolution be spread upon the minutes of . this Town Board meeting and a copy be presented to the family of ROBERT M. HULSE that we may extend to them our - deepest and sincerest sympathy. DATED: May 13, 1997. Vote of the Town. Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: May I have a motion to adjourn? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 7:15 P.M. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clerk