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HomeMy WebLinkAboutTB-05/03/1994 269 SOUTHOLD TOWN BOARD MAY 3, 1994 WORK SESSION Present: Supervisor Thomas Wickham, _Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans', Town Attorney Laury L. Dowd, Town Clerk Judith T. Terry... 9:10 A.M. - Lynne Richards, Southold Town's Coordinator of Handicapped Recreation, met with the Town Board to bring them up to date on the Town's Program for the Disabled. Ms. Richards outlined the history of the program, scope and sequence of the current program, 'and introduced senior volunteers Frank Donahue and Ed Siegmann who, along with Barbara Kelling, started the East End Disabled Benevolent Fund, Inc. She explained current Cornell Cooperative Extension community projects and a Southold Town Shelter upcoming project to build dog houses.. Ms. Richards told the Town Board about the East End Disabled Placement Network Project and the Recreation/Socialization Grant for family reimbursement. She introduced her, brother Stewart, a recipient of the Town's program, and Jarina Fisher and Harriet Lake, two participants, who currently serve the elderly at the Human Resource Center. Ms. Richards closed her presentation with " future projections for 1994. i 9 :25 A.M. - Daniel Karpen, Professional Engineer & Consultant, P.C.,; met with the Town Board to make his progress report with respect to the grant applications he is preparing on behalf of the Town to the New York State Energy Office. Also present during the presentation was his associate Frazer Dougherty. Mr. Karpen outlined ..the plans for Town Hall, Police Headquarters, and the Human Resource Center. Due to the number of questions and concerns raised by Town Board members concerning bonding, specifications, length of time required before the State Energy. Office announces the award, Supervisor Wickham recommended that over the next two weeks these concerns be addressed before moving forward. In the meantime Mr. Karpen will prepare the bid specifications so the Town Board and Town Attorney may review them. 10:15 A.M. - Bruce Isaacs,, President, Mildred Boyce, Corresponding Secretary; and William Cremers, Director, North Fork Animal Welfare League, Inc. , met with the Town Board to present their draft proposal to privately fund the building of a new Animal Shelter if the Town of Southold will provide the site on a long-term lease for a nominal .rent. They propose to erect the shelter facility immediately north of the existing building, and would be totally -enclosed, thus eliminating the outdoor runs. The League will raise the funds, provide insurance, maintain the building, pay the utilities, present the building plans to the Town Board for approval, and continue to provide Dog Control services to the Town under contract. Under this joint venture, the League would like the Town to provide a long-term lease at a nominal rent for. the site, preparation of the building site, well and cesspool, including hook-ups, electric hook-up, access road and parking lot, with routine maintenance, exterior fencing and site landscaping. Councilwoman Hussie asked if the League would have a concern should the Town be required to solicit bids for dog control services and another group were to win the bid? Mr. Isaacs said he did not believe so, but .would speak to the other League officers, although, he was certain under NYS law, only a humane society is qualified to provide the services. 270 MAY 3, 1994 10:50 A.M. - Solid Waste Coordinator James Bunchuck met with the Town Board to discuss the problem of the removal of construction and demolition debris (CSD) from , the disposal area. The contractor, Roy Schelin of North Fork Sanitation Service, submitted a letter stating he is forced to ask for an increase from $49.00 per ton to $60.00 per ton for the remainder of his contract to July 8th. Mr. Bunchuck said he would like to go to the next lowest bidder, Statewide Recycling Inc. , who will remove the •C&D for $50.00 a ton. The Board agreed to release Mr. Schelin from his contract (see resolution no. 33) , and to enter into an agreement with Statewide through July 8th (see resolution no. 34) . However, just prior to the 7:30 P.M. Regular Meeting Supervisor Wickham advised that he had a call from Roy Schelin, and he said he would be able to fulfill the contract; therefore, resolutions 33 and 34' were not acted upon.----On another subject, Supervisor Wickham reported on a matter from a recent East End Supervisors Association meeting. Twomey, Latham, Shea & Kelley law firm has proposed assisting the towns in obtaining variances and , changing the rules and regulations of the DEC with regard to the Landfill Law. He said East Hampton and Southampton, as well as he, on behalf of Southold, .are interested .in the proposal and there will be further discussion. 11 :20 A.M. Supervisor Wickham explained that the Town is slated to receive $90,000 from the Suffolk County Drinking Water Protection Program under the 1 /4% sales tax monies, for landfill capping and closure. With the assistance of Director of Program Evaluation James McMahon, Solid Waste Coordinator James Bunchuck; and . Senior Accountant John Cushman, a proposal is being prepared for submission to. County Executive Gaffney's office by May 4th. John Cushman, whose preliminary projections 'indicate a revenue shortfall of about $200,000 in the Solid Waste District for 1994, suggested the $90,000 be earmarked for debt service for the Hydrogeologic work already completed at the disposal area. Supervisor Wickham suggested that in addition to the' hydrogeologic debt, that another possibility would be for financing the closure of the Fishers Island Metal Dump. Jim Bunchuck brought up an alternative .of. using the $90,000 toward the purchase of a bulldozer which could be used to shape and grade the landfill prior to capping. The Town Board _agreed the hydrogeologic debt would be the best proposal to put forth to the County Executive. i 10:30 A.M. - Councilwoman Hussie spoke' to the Board about the fact there are out- of-town commercial carters who are. soliciting customers, not requiring them to recycle, and taking the garbage out of Southold Town. The Garbage, Rubbish and Refuse law specifically states that it shall be unlawful for any commercial refuse hauler/carter to collect refuse from any commercial establishment which is .- mixed with recyclables. The Board agreed this may not be enforcable since . the: garbage is going out of town. Further thought must be given to this problem.. 11 :35 A.M. - The Town Board reviewed five current policies and placed them on the agenda for reaffirmation (see resolution no. 30); agreed to the adoption of. two . new policies proposed by Supervisor`,Wickham (see resolution no. 31) . 11 :45 A.M. - Supervisor Wickham brought before the Board his proposal for the creation of a Parks & Recreation Committee, whose purpose would be to propose to the Town Board policy guidelines regarding parks and recreation. He proposed he would chair the committee, and recommended Councilman Lizewski, Town Trustee Peter Wenczel, Recreation Supervisor Ken Reeves, and Director of Program Evaluation Jim McMahon for the other. members. He would ask Ken Reeves to prepare the agenda and propose dates for meetings, and will ask the .Town Insurance Consultant Bill Mullen to assist the committee as needed regarding liability (see resolution no. 32) . 11 :55 A.M. - Councilwoman Hussie brought to the Town Board's attention an outline, of penalties assessed by the various sections of the Town Code. Senior Building Inspector Tom Fisher was in attendance during the discussion. Most Town Board. members agreed that before tackling all the sections at once, that the Police Department, Building Department and Planning Board be asked for the areas that receive the most complaints, and then address it in the Code Committee. 12 :15 P.M. - Recess for lunch. MAY 3, 1994 271 1 :55 P.M. - The Work Session reconvened and Justice Evans discussed with the Board two proposed Local Laws designed specifically for Fishers Island. One would pertain to a requirement for parking permits at Race Point and Wilderness Point recreation. areas, and the other with regard to a Fishers Island Harbor Committee. who would assign . anchoring area in West Harbor and Hay Harbor. The Local Laws will be drafted by the Town Attorney's office for the May 16th meeting. With regard to the Fishers Island . Harbor Committee, the Board agreed to the creation and appointment of members (see resolution no. 36) . This committee will also prepare an addendum to .the_ Local Waterfront Revitalization Program for Fishers Island. 2 :35 P.M. - The Board reviewed proposed "Local Law in Relation to Salvaging Centers", and proposed "Local Law in Relation to Recyclables". Public hearings were field on these local laws on April 19th. Resolutions 37 S 38 were put on the agenda to enact. They then discussed the proposed SEQR determination with regard to the . proposed. "Local Law in Relation to Formula Food", and placed resolution no. 39 on the agenda to adopt a Negative Declaration. 3:10 P.M. -. Personnel matters: The Board authorized Public Safety Dispatcher III John Raynor, to attend a Northeast Utilities drill (resolution no. 40) ; agreed to appoint Clifford J . Benfield and John E. Page to the Landmark Preservation Commission (resolution no. 41) ; granted permission to Solid Waste Coordinator James Bunchuck and Director of Program Evaluation James McMahon to attend a recycling workshop (resolution no. 42) ; and authorized the installation of: another telephone extension in the Tax Receiver's office (resolution no. 43) .-- Supervisor Wickham discussed appointments to the Police Committee;• a Town Board Standing Committee. Supervisor Wickham is Chairperson of the committee, and it was agreed 'the entire Town Board would serve (see resolution no. 44) .---The Board again discussed the question of offering medical benefits to additional Town, .officials. . Although the requested response has been received from Lawrence Healthcare, the administrator of the Town's health plan, questions were raised concerning interpretation of the Lawrence Healthcare opinion. Councilman Townsend will investigate this further with Lawrence. 3:40 P.M. Supervisor Wickham briefed the Town Board on a proposal he submitted to the East End Supervisors 8 Mayors Association: NYNEX, with' whom the Town of Southold contracts for E911 service, has a provision to charge all subscribers at the rate of 35� per month, with the funds turned over to the municipalities to pay their- cost :of' E911 service. However, the rules provide for the money to be turned over to the counties, which in other parts of the state pay for 911 service, and not to the Towns which are, paying for it here. In recent negotiations with NYNEX, they have agreed to collect the 35� charges and turn them over to a consortium of East End towns as if the the consortium were a county. Supervisor Wickham submitted a proposed resolution to the East End Supervisors S Mayors Association that they act as a consortium of municipalities and contract with NYNEX to fulfill, on behalf of its member towns, all . responsibilities connected with receiving and distributing the 35� E911 charges. He volunteered f6r. Southold Town . to`be designated as :the .secretariat of the consortium to undertake all billing and auditing functions. The Association's decision was that they would pursue both courses: (1) the County's E911 system and participate on their task force, and (2) the five East End Towns would form a consortium of Towns to which NYNEX would turn over the moneys. 3:50 P.M. - The Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. 4:00 P.M. -Work Session adjourned. 272 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on May 3, 1994, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at '7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd .SUPERVISOR WICKHAM: This evening we have a series of resolutions to adopt, or to consider. We have several public hearings, that are listed on your agenda. The public hearings begin at 8:00 o'clock, and the next one shortly after. 'that. During the morning and afternoon Work Session we had a series of appointments, and a series of business that we took up. Most of those items are listed in the for discussion part of the agenda. They will not be discussed tonight. Many of the resolutions, that we'll take up, are an outgrowth of those for discussions items. I'll begin with the audit of the bills, that were paid today. . Would anyone like to move their approval? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $44,416.42; General Fund Part Town bills in the amount of $10,207.87; Nutrition Fund bills in the amount of $2,271 .67; SNAP Program bills in the amount of $568.75; Community Development Fund bills in the amount of $13,325.59; Highway Fund Whole Town bills in the amount of $7,097.77; Highway Fund, Part Town bills in the amount of $19,266.27; Employee Health Benefit Plan bills in the amount of $49,294.46; E-W Fire Protection District bills in the amount of $142,000.00; Fishers Island Ferry District bills in the amount of $16,536.00; Refuse & Garbage District bills in the amount of $11,379.92; Southold Wastewater District bills in the amount of $70.00; Fishers Island Sewer District bills in the amount of $120.00; Southold Agency & Trust. bills in the amount of $5,313.22; Fishers Island Ferry District Agency & Trust bills in the amount of $607.93. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend,. Councilwoman Hussie,. Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have copies of the minutes of the April 19th meeting prepared by the Town Clerk. Would anyone like to move their adoption? Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the minutes of the April 19, 1994, Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,. Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have the next regularly scheduled Town Board meeting is May 16th, at 4:30 P.M. That's a Monday, rather than a Tuesday. Tuesday the room is used for other purposes. Moved by Supervisor Wickham, seconded. by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board will be at 4:30 P.M.., Monday, May 16, 1994, at the Southold Town Hall, Southold, New York. MAY 3, 1994 273 Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'm 'conferring with the Town Clerk about a joint meeting that has a -joint work session, that has been set up between the Village Board, the Village of Greenport, and the Town Board. That is not a formal meeting, where resolutions will be adopted, so we're not announcing it, but for those who are interested there will be a joint meeting of the Village Board, and the Town Board at 3:00 P.M. , next Tuesday, a week from today, May 10th. I . REPORTS. 1 . Southold Town Community Development Office Monthly Report for April, 1994. 2. Southold Town Justice Tedeschi Court Report for April, 1994. 3. Southold Town Program for the Disabled April 1994 Events. 4. Southold Town Building Department Monthly Report for April, 1994. II .PU'BLIC NOTICES. 1 . New . York State of Department of Environmental Conservation, application of Luba and Louis Corso to subdivide a 24 acre .parcel into 5 lots, which will be in excess of 66,000^,,square feet. Project site is on Long Island Sound, north of Oregon Road;'"Cutchogue, Comments on project,„ must be received no later than May 20, 1994. Ill . COMMUNICATIONS. None. 1V. PUBLIC HEARINGS, 1 . 8:00 P.M. a proposed "Local Law in Relation to Formula Food Restaurants". 2. 8:05 P.M., a proposed "Local Law in Relation to Grass Clippings". V. RESOLUTIONS. SUPERVISOR WICKHAM: That takes care of preliminary business. We move to adopt or consider a series of resolutions. Before that, anyone in the audience who wishes has the opportunity to address the Board for not more that five minutes on any one of these resolutions listed on our- agenda. The floor is open to those who would like to address the Board. (No response. ) If there's no one has an issue with any of these resolutions, we will move to take them up right now, and we'll break at 8:00 o'clock to consider the two public hearings, that are on our agenda for tonight. 1 :- Moved 'by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $159,621 .00 performance bond for Wolf Pit Associates, which is being held by the Town of Southold' as a bond for the roads and improvements in the major subdivision of Wolf Pit Estates, located on the southwest corner of Mill Road and Mill Lane, Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter, who report that all items have been completed in a satisfactory manner. 1 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2•- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the' Town Board of the Town of Southold hereby terminates the employment of Susan Hailock, part-time Clerk Typist for the Building Department, effective May 6, 1994. 2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2 / `t MAY 3, 1994 3.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, 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 entitled, "A Local Law in Relation to Grass Clippings",, which amends. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold, by deleting "grass clippings" from those items that may be disposed of at the Southold Town Disposal Area. The 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 adverse effect to the environment is likely to occur, in fact, the prohibition of disposing of grass clippings at the Town Disposal Area will have a beneficial effect on the environment should the amendment be implemented as planned. 3.- Vote of the Town Board: Ayes: Justice .Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, . Supervisor Wickham. This' resolution was duly ADOPTED. 4.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Deputy Town Clerk Linda J. Cooper to attend a Sporting License Issuance Seminar, sponsored by the New York State Department of Environmental Conservation, at Stony Brook, N.Y., from 9:30 A.M. to 12:30 P.M., on Tuesday, May 10, 1994, and the necessary expenses for travel and meal shall be a legal charge to the Town Clerk's 1994 Budget. 4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 5.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the Town and Gail Purdy, Fishers Island, to provide a T-Ball spring recreation program, at a fee of $15.00 per_ hour, all in accordance with the approval of the Town Attorney. 5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman_ Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.- Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs - Supervisor Thomas Wickham to execute Outlay Report and Request for Reimbursement for Construction Programs to the Federal Aviation Administration, for partial payment request no. One, in the amount of $13,703.00, for Runway 7-25 & 12-30 Overlay (Construction) at Elizabeth Field Airport, Fishers Island, .all in accordance with the recommendation and approval of C&S Engineers, Inc., the Town's consultants for the project. 6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Supervisor Wickham, seconded ,by Councilwoman Oliva, WHEREAS, THE East End Economic and Environmental institute has submitted a proposal for an Economic Development Assistance grant for "East End Harvest" a tourism-extending campaign for Eastern Long Island; and Whereas, the Town Board wishes to promote the tourism industry in the Town of Southold, and in particular, to take steps to extend the tourist season into the "shoulder" periods of the spring and fall; and WHEREAS, the proposal for the grant submitted by EEEEI will further the policy of the Town Board by. establishing a comprehensive campaign to promote, through print and television advertising, the East End's fall harvest heritage and the range of local activities that is available on the East End during the fall through some of the area's major industries, MAY 3, 1994 2 5 including agriculture, wineries and vineyards, maritime and fishing, and other attractions; and WHEREAS, the budget of $75,000 for the implementation of the proposal depends partially on grant funds and partially on matching funds; and WHEREAS a number of Towns and private non-profit councils have agreed to support the proposal; now, therefore be it, RESOLVED, that the Town Board of the Town of Southold hereby authorizes the Southold Town Promotion Committee to use up to 25 0 of the Town's $30,000 grant for the East End Harvest Campaign of the East End Economic and Environmental Institute. 7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski., Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR. WICKHAM: I would just like to comment, that this does not allocate additional monies. It's an accounting procedure, so that up to a quarter of the Town's contribution to the Southold Town Promotion Committee will be counted as a matching grant for a $75,000 grant, that we hope to acheive. 8.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board 'of the Town of Southold hereby accepts the resignation of Michele Simmons, part-time Home Health Aide under. the Expanded In-Home Services for the Elderly Program (EISEP), effective April 13, 1994. 8.- Vote of the Town Board: Ayes':" Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 9.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their resolution no. 25 , adopted on April 19, 1994, appointing Stephen F. Sacher as Assistant Cook for the Southold Town Nutrition Program, whereas Mr. Sacher declined acceptance of the position. 9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 10.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby iappoints William J. Evans as Assistant Cook for the Southold Town Nutrition Program, 35 hours per week, at a salary of $8.02 per hour, effective May 3, 1994. 10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 11 .-Moved by Councilman Lizewski, seconded by Councilman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. petty cash items: To: Revenues B2705 Gifts & Donations $ 99.25 Appropriations: B315.7.4 Juvenile Aide Bureau, Contractual Expenses$ 99.25 11 .Vote of the Town Board: Ayes: Justice. Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.-Moved - by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc. to pay eligible medical claims, which were received more that 90 days after the • date of service, 276, MAY 3, 1994 with regard to the late Charles Goldsmith, a former Highway Department. employee. 12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman ' Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13.- Moved by Supervisor Wickham, seconded- by Councilwoman Oliva, it was RESOLVED .that the Town Board of the Town of Southold here authorizes the following budget modification to the General Fund - Whole Town 1994 Budget to appropriate a portion of the Kaplan Grant monies for the 1994 Stewardship Task Force expenses: Revenues: A2705 Gifts 8 Donations $ 12,088.37 Appropriations: A1010.4 Town Board, Contractual Expenses $ 12,088.37 13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1994 Budget to appropriate funds for the Fishers Island Metal Dump engineering expenses: To: A8160.4 Refuse & Garbage, Contractual Expenses $ 10,000.00 From: A1010.4 Town Board, Contractual Expenses $ 10,000.00 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 15.- Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the Solid Waste District 1994 Budget to appropriate funds for unemployment reimbursement for 1994: To: SR9050.5 Unemployment Insurance $ 8,000.00 From: SR8160.4 Refuse & Garbage, Contractual Expenses $ 8,000.00 15.- Vote of the Town Board: ' Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 1:6.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following budget modification for 1994 for the Town of Southold Employee Health Benefit Plan to establish the 1994 budget: Revenues: MS.2401 Interest 8 Earnings $ 8,000.00 MS.2709 Direct Payment Contributions. 50,000.00 MS.5031 Interfund Transfers 877,000.00 Appropriations: MS..1910.4 Insurance, Contractual Expenses $ 55,000.00 MS.1989.4 Medicare Reimbursement 39,000.00 MS.8686.4 Administration, Contractual Expenses 26,000.00 MS.9060.8 Hospital 8 Medical Benefits 815,000.00 16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman. Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED . that the Town Board of the Town of Southold hereby rescinds their resolution no. 28, adopted on April 19,1994, appointing Elizabeth Jane Rousseau as a part-time Clerk Typist for the Justice Court, whereas Mrs. Rousseau declined acceptance of the position. MAY 3, 1994 277 17. .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 18.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 31, adopted on November 9, 1993, appointing Elizabeth Jane Rousseau as a temporary Clerk Typist for the Justice Court while an employee was on maternity leave, to indicate that the salary be subject to the appropriate increase in this entry level, effective January 1, 1994, when the 1994-95 CSEA contract becomes effective. 18.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.. This resolution was duly ADOPTED. 19.- Moved by.Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. items: To: Revenues: B2705 Gifts & Donations $ 71 .00 Appropriations: B3157.4 Juvenile Aide Bureau, Contractual Expenses$ 71 .00 19.- Vote of the Town Board: Ayes: 'Justice Evans, Councilwoman, Oliva, Councilman Townsend,. Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 20.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following Town Roads: Orchard Street, Navy Street, and Village Lane, in Orient, for their annual Memorial Day Parade, on Monday, May 30, 1994, beginning at 8:00 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. 20.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .- Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 budget modification to the Highway Fund - Whole town to partially cover overdrawn snow removal line item: To: . Revenues: DA.599 Appropriated Fund Balance $ 21,000.00 Appropriations: DA.5142. 1 Snow Removal, Personal Services $ 36,000.00 From: Appropriations: DA.5142.2 Snow Removal, Equipment $ 15,000.00 2-.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Fishers Island Fire Department to close the following Town roads. for their fund-raising marathon to be held on Sunday, May 29, 1994, between the hours of 9:00 A.M. and 10:30 A.M. (or until the marathon is ended), provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Mansion House Drive between Fox Avenue and Equestrian Avenue; Oriental Avenue between Fone Street and Athol; and Athol between• Mansion House Drive and Crescent Avenue. 278 . .MAY 3, 1994 22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 23.- Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for two (2) EISEP Aides, 17-1/2 hours per week, $5.50 per hour: 23.- Vote of the Town Board: - Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 24.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Stephanie Graseck as a full-time seasonal Clerk Typist in the Tax Receiver's Office, effective May 18, 1994 through May 31, 1994, 35 hours per week, at a .salary of $6.00 per hour. 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor. Wickham. This resolution was duly ADOPTED. 25.- Moved by Supervisor Wickham, 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 members of the Southold Town Transportation Committee, whereas five (5) members are sought and only three (3) resumes were received. 25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 26.- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a• refund of $62.33 to Costello Marine Contracting Corp., which sum represents the following unused Sand Tickets: 9120182 - One 1-yard at $1 .08; 12/26/86 - Five 4-yard at $53.75; 4/6/88 - Two 1-yard at $7.50. 26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 27.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of theTown of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc.to pay eligible medical claims, which were received more than 90 days after the date of service, with regard to Judith A. Lizewski. 27.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 28.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Country Time Bicycle to use the following Town roads on June 19, 1994, beginning at 8:00 A.M., for their annual Biathalon, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Wickham Avenue, Elijahs Lane, Oregon Road, Grand Avenue, Wickham Avenue, Mattituck, and Bridge Lane, Cutchogue. 28.- Vote of the Town Board: Ayes: Justice Evans, 'Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc. to pay eligible medical MAY 3, 1994 27 9 claims, which were received more than 90 days after the date of service, with regard to retired Town Justice Martin Suter. 29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,. Councilman Lizewski, Supervisor Wickham. This resolution .was duly ADOPTED. SUPERVISOR WICKHAM: There follow a series of policies; that the Town Board adopts, and normally each year in January when the Board starts in at it's. Organizational Meeting, we consider and reaffirm or amend certain policies, that have guided the Board in the past. This year we are taking up these policies piecemeal, and every time we' meet we try to deal with four or five additional ones, so tonight we have, I believe, it's six policies, five policies, plus two .more, that we will be reaffirming. The first five are reaffirmations of policies that were already with from previous years. So, I will do these five. 30 .-Moved by Supervisor Wickham, seconded by Councilman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms the following policy decisions: POLICY WITH RESPECT TO BOND ANTICIPATION NOTES , RESOLVED that the Town Board of the Town of Southold hereby establishes the policy that they will not authorize Bond Anticipation Notes in amounts less than $50,000.00 POLICY WITH RESPECT TO USE OF THE RECREATION CENTER RESOLVED by- the Town Board . of the Town of Southold that only not-for-profit groups may use the 'Southold Town Recreation Center at Peconic Lane, Peconic, New York. POLICY WITH RESPECT TO PRIVATE DREDGING PROJECTS RESOLVED by the Town Board of the Town of Southold that Town funds shall not be contributed to private projects. POLICY WITH RESPECT TO DISPLAY OF INFORMATIONAL MATERIAL RESOLVED by the Town Board of the Town of Southold that no informational material from outside organizations or persons shall be displayed in the Southold Town Hall. POLICY WITH RESPECT TO .COMPENSATION OF TOWN EMPLOYEES WHO ATTEND MEETINGS OF STANDING COMMITTEES WHEREAS, the Town Board of the Town of Southold views participation in committees meetings as an opportunity for professional growth and career advancement; and WHEREAS, the Town encourages its employees to attend these meetings; now, therefore, be it RESOLVED by the Town Board that the policy with respect to compensation of Town employees who attend meetings of standing committees is as follows: Employees attending meetings of standing committees will be compensated by the Town of Southold provided attendance at such meetings has been requested by Counciipeople who chair such committees and such attendance is authorized- in advance, by the Supervisor. AND BE IT FURTHER RESOLVED that the Town Board urges that in the event an employee is entitled to compensation as a result of his attendance at such meetings, such compensation take the form of compensatory time. 3:0.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3:1 .-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the following policies: POLICY ENCOURAGING DEVELOPMENT AROUND THE HAMLET CENTER WHEREAS, the Town Board wishes to strengthen the long-term business interests of the Town of Southold and to keep open much of the Town's farmland and open space; now, therefore, be it RESOLVED that it is the policy of the Town Board to promote and encourage new development to take place in and around the hamlet centers of the Town. POLICY TO MAINTAIN ROUTE 48 LARGELY AS AN EXPRESS ROUTE WHEREAS, the Town Board wishes to maintain an efficient and attractive transportation network that will benefit Southold Town residents and visitors for many years; now, therefore, be it 280 MAY 3, 1994 RESOLVED that is is the policy of the Town Board to maintain County Route 48 largely as an express route to expedite the movement of large numbers of vehicles through the Town in a safe and efficient manner and through an area with attractive landscapes. 31 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 32.- Moved by. Councilwoman Oliva; seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Supervisor's Parks and Recreation Committee, and appoints the following individuals to said committee, effective immediately: Supervisor Wickham, Councilman Joseph J. Lizewski, Town Trustee Peter Wenczel, Recreation Supervisor Kenneth. Reeves, Director of Program Evaluation James McMahon, Confidential Secretary to the Supervisor Lauren Grant; they to serve on said committee without compensation. 32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This. resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: The next two resolutions, thirty-two and thirty-four, have been withdrawn. ( Resolutions releasing Roy A. Schelin from agreement to remove and. dispose of construction and demolition debris, and engaging another contractor. ) 35.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. items: To: Revenues: B2705 Gifts & Donations $ 390.25 Appropriations: B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 390.25 35.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: A motion has been made to recess the adoption of resolutions to allow time for two public hearings. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding public hearings. Vote of . the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MEETING RECONVENED AT 8:55 P.M. SUPERVISOR WICKHAM: We can resume the resolutions, that we left on before. We up to Resolution Number 36. 36.- Moved by Justice Evans, seconded by Supervisor Wickham, WHEREAS, the residents of Fishers Island are interested in developing a harbor management plan for all Island harbors and Town waters adjacent to Fishers Island, including the assignment of mooring and anchorage areas; and WHEREAS, sixteen ( 16) Fishers Island organizations and associations have delegated representatives to form a committee for these purposes; and WHEREAS, the. harbor management plan prepared by said committee could be used by the Town Board as the Fishers Island addendum in the preparation of the Local Waterfront Revitalization Plan for the Town of Southold; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold does hereby create a Fishers Island Harbor Committee, for the purpose of preparing for recommendation to the Town, a Fishers Island Harbor Management Plan; and MAY 3, 1994 2!8 1 BE IT FURTHER RESOLVED, that the following organizations and associations shall have delegates representing them on this committee: The Fishers Island Civic Association, the Fishers Island Yacht Club, the Fishers island Lobstermen's .Association, Pirate's Cove Marine, the Fishers Island Conservancy, Island People's Project, the Fishers Island Fire Department, the Hay 'Harbor Property Owners Association, Goose Island, one. aquaculturist, two West. Harbor property owners and one Hay Harbor property owner, BE IT FURTHER RESOLVED, that each of: the above listed organizations and associations have delegated the following individuals to represent them on the Fishers Island Harbor Committee for the term of one year beginning May 15th, 1994 Fishers Island Civic Association Leslie O. Goss Fishers Island Yacht Club Frank Bohlen Fishers Island Lobstermen's Association Tom Doyen Pirate's Cove Marine Reynolds duPont, Jr . Fishers Island Conservancy Cynthia Estabrooks Island People's Project Cindy Gillan Fishers Island Fire Department Steve Malinowski Hay Harbor Club David C. Patterson Fishers Island Club Harris Parsons, Sr. .Fishers Island Development Company William C. Ridgeway, III Goose Island Reynolds duPont, Jr. Hay Harbor Property Owners Association William C. Ridgeway III Aquaculture Steve Malinowski West Harbor Property Owner . ,Elbert M. Burr, Jr. West Harbor Property Owner Scudder Sinclair Hay Harbor Property Owner David R. Wilmerding, Jr. BE IT FURTHER RESOLVED, that the Fishers Island Bay constables and Fishers island Representative/Town Justice shall serve as Ex-Officio members of the Fishers Island Harbor Committee. 36.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We'll take up resolution number 38 first before 37, because 37 really is contingent upon 38. 38.- Moved by Councilman Townsend, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 5th day of April, 1994, a Local Law entitled, "A Local Law in Relation to Recyclables"; and WHEREAS, the Town Board held a public hearing on this Local Law on the 19th day of April, 1994, at which time all interested person were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 6 - 1994, which reads as follows: LOCAL LAW NO. 6 - 1994 A Local Law in Relation to Recyclables BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 48 (Garbage, Rubbish & Refuse) of the Code of the Town of Southold is hereby amended as follows: 1 . _ Section 48-1 (Definitions) is hereby amended to read as follows: RECYCLABLE, MUNICIPAL _ Any can, glass, or plastic container or corrugated cardboard or newspaper as defined in this section. RECYCLABLE, OTHER - All waste which can be recycled, other than municipal recyclables. 2. Section 48-3(F) is hereby added to read as follows: (F) All municipal recyclables must be deposited in the appropriate location of the disposal area owned by the Town of Southold. Ii. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. 38.-Vote of the Town Board: . Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 282 MAY 3, 1.994 37.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 5th day of April, 1994, a Local Law entitled, "A Local Law in Relation to Salvaging Centers"; and WHEREAS, the Town Board held a public hearing on this Local Law on the 19th day of April, 1994, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 7 - 1994, which reads as follows: LOCAL LAW NO. T - 1994 A Local Law-in Relation to Salvaging Centers BE IT ENACTED, by the Town Board of the Town of Southold as follows: I . Chapter 74 (Salvaging Centers) of the Code of the Town of Southold is hereby added and shall read as follows: 1 . Section 74-1 (Definitions) is hereby added to read as follows: Section 74-1 (Definitions) . As used in this chapter, the terms used herein are defined as follows: SALVAGE CENTER - Shall mean any location where a private collection of items, exclusive.- of municipal recyclables, is gathered reused, recycled, reclaimed and processed for eventual disposal off-site. 2. Section 74-2 (Permit Required) is hereby added to read as follows: Section 74-2 (Permit Required) . No person shall engage in or conduct a salvage center on real property within the Town of Southold, either for himself or for and on behalf of any other person, directly or indirectly, without first obtaining a permit therefore as hereinafter provided. 3. Section 74-3 (Application and Fee) is hereby added to read as follows: Section 74-3 (Application and Fee) A. The Town Board may grant a permit for a salvage center. Each applicant for a permit hereunder shall execute under oath an application therefor to be supplied to him by the Town Clerk, which shall contain the following information: 1 . Location of the operation. 2. Size and location of access and parking. 3,. Location and kind of containers or receptacles. 4. Storage facilities. B. The application shall be accompanied by a fee of $300.00. 4. Section 74-4 (Parking and Access) is hereby added to read as follows: Section 74-4 (Parking and Access) Each salvage center shall provide a macadam or crushed rock base for parking and access. MAY 3, 1994 283 5. Section 74-5 (Permit'Provisions is hereby added to read as follows: Section 74-5 (Permit Provisions) . The permit shall be granted for the period of time, specified by the Town Board. The permit shall contain such conditions as may be necessary to ensure that. the proposed operation will not have an adverse effect on the environment, the character of the area, or the operations of the Town. The permit shall provide that the operation shall be conducted pursuant to the terms of the permit or the Town Code, and upon failure to do so, the permit may be revoked forthwith. Failure to obtain all state, federal or county permits required for this application shall be a basis for immediate revocation of this permit. 6. Section 74-6 (Penalties for Offenses) is hereby added to read as follows: Section 74-6 (Penalties for offenses) . The permittee who commits or permits the commission of any violation of the permit or of the Town Code shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. II . This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) 37.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: The next resolution deals with the SEQRA Determination for formula food. 39.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold intends to enact a Local Law in Relation to Formula Food Restaurants, by amending relevant sections of.Chapter 100 (Zoning) of the Town Code; and WHEREAS, the proposed enactment of this local law would constitute an action under the rules and regulations for the implementation of the State Quality.Review Act (SEQRA); and WHEREAS, . the Town Board of the Town of Southold is the only agency involved in the proposed action; and WHEREAS, the Town Board of the Town of Southold has caused a Long Environmental Assessment Form (Parts I, 11 and 111) to be prepared in consideration of the proposed action; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold as. follows: 1 . The proposed action is considered to a Type I Action in review of the list of Type I Actions contained in 6 NYCRR Part 617.12. 2. The Town Board of the Town of Southold hereby assumes lead agency status in consideration of the proposed action pursuant to 6 NYCRR Part 617.6(a), which states "An agency will be the lead agency when it proposes to undertake or receives an application for funding or approval of a Type I or- Unlisted action that does not involve another agency". 3. The Town Board of the Town of Southold hereby adopts a Negative Declaration in ' consideration of the proposed action and the relevant documentation available, pursuant to 6 NYCRR Part 617.6(a)(1 )(i), which states "if the agency is directly undertaking the action, it shall determine the significance of the action as early as possible in the design or formulation of the action". 4. - The Town Board of the Town of Southold authorizes the Town Clerk to circulate said Negative Declaration in accordance with the Notice and Filing Requirements contained in 6 NYCRR Part 617.10, and such other 284 - MAY 3, 1994 agencies as may be appropriate, . and to post the Negative Declaration on the Town Clerk's Bulletin Board. 39.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 40.- Moved by Councilwoman Hussie; seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission. to Public Safety Dispatcher 111 ' John Raynor to attend a Northeast Utilities full scale functional drill at Easthampton, Connecticut, on May 13 and 14, 1994, and the actual expenses for meals, lodging and transportation shall be a legal charge to the Public Safety Communications System's 1994 Budget. 40.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 41 .- Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Clifford J. Benfield and John E. Page as members of the Southold Town Landmark Preservation Commission, for two (2) year terms, effective immediately through April 5, 1996; they to serve in said position without compensation. 41 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 42.- Moved by Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby rants permission to Solid Waste Coordinator James Bunchuck and Director of Program Evaluation James McMahon to attend a Recycling Investment Program Workshop, sponsored by the New York State Department of Economic Development, Office of Recycling Market. Development, on Monday, May 9, . 1994, from 10:00 A.M. to 1 :00 P.M., at New York City, New York, and the necessary expenses for travel and meals shall be a legal charge to the 1994 Budget. 42.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham: This resolution was duly ADOPTED. 43.- Moved by Councilwoman Hussie, seconded. by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the installation of a new telephone extension in the Tax Receiver's Office, at a cost of $578.00, to be paid from A1330.4, Tax Collection, Contractual Expenses. 43.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: Our next resolution is actually a Supervisor's appointment, which on of those few items the Supervisor can do without needing all of the votes of the Town Board. It's my pleasure to appoint the following Town Board members to the Town Board's Police Standing Committee, committee dealing with Police, and as a matter of fact, I'm naming every other member of the Town Board to this committee 44..-SUPERVISOR 'S APPOINTMENTS SUPERVISOR THOMAS WICKHAM APPOINTED THE FOLLOWING TOWN BOARD MEMBERS TO THE TOWN BOARD POLICE STANDING COMMITTEE: Councilman Joseph J. Lizeski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans -MAY 3, 1994 285 SUPERVISOR WICKHAM: Now, the question is, do we wish to move on the grass clippings question, or do we want to hold these for awhile? 45.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 19th day of April, 1994, a Local Law entitled, "A Local Law in Relation to Grass Clippings"; and WHEREAS, the Town Board held a public hearing on this Local Law on the 3rd day of May, 1994, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 8 - 1994, which reads as follows: LOCAL LAW NO. 8 - 1994 A Local Law in Relation to Grass Clippings BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1 . Chapter 48 (Garbage, Rubbish and .Refuse) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 48-413(1 ) is hereby amended to read as follows: ( 1 ) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves, and grass eHpp4ftgs. 11 . This Local Law shall take -effect upon its filing with the Secretary of State. * Overstrike represents deletions. 45--Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend,. Councilwoman" "'Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: That concludes the list of resolutions before us tonight. The members of the Board may have some comments, but before that is there anyone in the audience, who would like to address the' B`oard on any matter before them on their mind tonight? Yes, sir? Mr. Jens? FRED JENS: Question on the senior citizens' building in Mattituck there, the one on Sound Avenue? Is there any contemplation of eliminating the parking problem? SUPERVISOR WICKHAM: - Yes, that is, . I would say it's underway, but we are aware of the problem, and it's being circulated to different people in the town Hall to help deal with it. We don't yet have a plan, but I think one will emerge shortly. Any other comments-? SALLY STEINER: Sally Steiner. I just wanted. to know when will the Town Board be voting on this formula food resolution? SUPERVISOR WICKHAM: Can you hang on a minute., and I will see what the Board has to say. Thirteen days from today, we'll probably bring it up for a vote. The reason why thirteen days, normally the Town Board meets every fortnight. As it turns out, the next meeting of this Board, the next regularly scheduled meeting, by which we make action is scheduled thirteen days from today. Could we take the question up tonight? Is that your question? And why aren't we taking it up tonight? BARBARA HOFER: My name is Barbara Hofer. I live in Mattituck, and my only comments is that, Councilwoman Hussie had said that the grass clippings are coming to Mattituck, at the Town Dump. Maybe, that's why you took the resolution vote tonight? So, are the Burger King and McDonald's, and, maybe tonight's the night. SUPERVISOR WICKHAM: Okay. Can you hang on a minute, and let me check with the Board for a couple of minutes. Is there any interest in taking this up tonight? I'm going to need a another couple of minutes to just discuss this. COUNCILWOMAN HUSSIE: It's not the formula food definition: It is where they are going to be placed. COUNCILMAN LIZEWSKI: The last place I want it is in my hamlet centers. 286 MAY 3, 1994 COUNCILMAN TOWNSEND: It defeats the whole purpose. You know what my feelings are about having enterprise in business districts, hamlet districts, etc. , and I think it does, maybe I'm conservative in this area, but I think it a viable. . JUSTICE EVANS: I think people here are concerned if we vote it in now, so that something can be done with the current problem. I don't think anything is going to happen. No matter what we do tonight nothing's going to happen. SUPERVISOR WICKHAM: May I try to reflect some views of the Board. First of all, there's a substantial disagreement within the Board, as to how to deal with this. problem. That's a fact. The second statement is, that as far as we understand. taking an action today, or taking it thirteen days from now, we'll have negligible difference in how it would effect appiicatiorrs, that are already ongoing in the town. We don't believe that taking today, or taking it thirteen days from today, would be any significant difference between those two dates in dealing with current applications. LINDA FLETCHER: Can I ask a question? Linda Fletcher. If you don't vote .tonight 1 resume that, that may mean that in thirteen days you might revamp it in some way, and if so, would that take u$ back to January 1st: COUNCILWOMAN OLIVA: Yes, it does. LINDA FLETCHER: So, in other words, if you are going to postpone the vote now, in thirteen days the same proposal must be before you to vote on, or else we go back all the way to 1990? We don't go forward, we stay the way we were, so when is this going to get resolved? SUPERVISOR WICKHAM: Can I let Joe try to address that question? COUNCILMAN LIZEWSKI : Basically, Joe at one end of the table, and this Joe are at two different ends of this table, and in this case, as a businessman I don't believe that putting any of these fast food places, giving them the opportunity to go into the hamlet centers, will enhance the hamlet centers in the future. I believe it will hurt small business. I don't believe that a Home Depot in the middle of the hamlet center in Mattituck, Cutchogue, , so my feeling about it is, I don't like the hamlet centers, as being part of it. I believe if you let them go there, ten years from now we'll be fighting the same battle over again. I don't want them to go there. LINDA FLETCHER: Okay. If you heard me speak 1 agree. I would like to see them restricted personally to the shopping centers, but if it means that we're going to stay the same, we're going to leave it the way it is until I don't know what freezes over. I say we got to vote on something. We got to them out of those general business zones. SUPERVISOR WICKHAM: I don't want to cut off this debate exactly, but I want to make a couple of comments. The Board faces a rather fundamental question. The. question has been posed tonight by members of the audience, who have made their views known to us. The basic question is, is the Board going to move ahead with the legislation that is before us? It holds to put the formula food establishments in two types of zones, shopping center zones, and hamlet business zones, or as someone suggested, should it only be shopping center, zoned by themselves. There's a significant diversion of opinion among the audience, and within the Board on that topic. I don't think the Board can be expected to make up it's mind reasonable on this subject so soon after' hearing so many views, and trying to integrate them tonight. Moreover, if we do proceed to try to take a vote tonight, there's a very real likelihood that it will fail, and rather that having the vote fail, 1 would rather search for an agreement among the members of this Board that we can go forward with thirteen days from tonight. LINDA FLETCHER: To me, that in thirteen days in order to have an agreement it's not one of these, the same proposal. TOWN CLERK TERRY: You would have to do an Environmental. . . MAY 3, 1994 287 COUNCILWOMAN OLIVA: You would have to do the whole thing over again. SUPERVISOR WICKHAM: May I respond to this? Only if there's a change to it. If we can get an agreement on this one in front of us, then we can vote. LINDA FLETCHER: You haven't agreed on it for months. SUPERVISOR WICKHAM: We have just heard a lot of testimony tonight. A lot of people stood up. A lot . of people took time to prepare those comments. It's not easy for this Board, which are very independent minded people, to integrate all of that, and come to a consensus. Now that we've heard it, I think the Board needs more time to get their views together, and I'll go once more across the Board. COUNCILMAN TOWNSEND: I would like to respond. I mean, Joe mentioned his point of view, and 1 haven't had a chance to express why I'm on the other end, and in this instance, would appear to be more conservative. My feeling is that when you look at the overall plan, and goals of the Master Plan, and so forth, you can create a much less negative type of impact by putting it in the hamlet zone, because they're going to walking friendly environment. Most of the parking will be municipal parking. Somebody gets out. They're going to have to get out of their car, park it somewhere else, and go to a. McDonald's, or whatever it is, which is not going to look like any McDonald's that you would associate it with. Then they're going to walk back to their car. There may be benches. There may be other stores they stop at, because they're walking: The"traditional fast food restaurant, formula food restaurant, you go into a parking lot, you get out your car, then you pull into the Home Depot, then you get back .into your car, then you pull into the next place. We're trying to eliminate that, but to eliminate them totally, and to restrict them to shopping center, which would really restrict them dramatically, only because. there's very few places you could go. Most of the shopping centers wouldn't allow more than one. I think you're making a big mistake. I think that there's so much of the economic vitality of this town in the future, you've got to consider this kind of thing. It's going to be more and more prevalent. That's just my opinion, and I think that if you achieve most of the goals, which you're trying to achieve by restricting them to the hamlets. LINDA FLETCHER: I think, for myself, I've narrowed it down to something very practical. Since, I believe 1990, 1 have stood in front of the Town Hall, I have stood in this room, I have picketed in Riverhead, I. have gone to the Law Library in ' Riverhead until I am blue in the face, to stop this kind of blight on the Town of Southold, and what 'I see happening tonight is that what you have before you, the proposal that is in front of you, is not going to be agreed upon thirteen days, and if you hack out another one in another three months down the road, and we here we go again, and again, and again. My God I'm going to be able to get any fast food thing I want, and you guys are still going to be talking up here about what you want to do. You've heard the people. Did you look at those video tapes we gave you of the Planning Board hearing? Did you hear them? Time after time, after time, they don't want this operation in this town, so find one place, find. . do something to help us out here. You're not helping us. COUNCILMAN TOWNSEND: I'm prepared to vote for this resolution. LINDA FLETCHER: Good. How about a vote to vote? Joe, I think you're right. I .don't want to sit and wait any longer. SUPERVISOR WICKHAM: Let's just hear 'Louisa's side. JUSTICE EVANS: I'm somewhat the obstacle here, because I would like to see if there's a chance of getting four people to vote for shopping centers. If we can't get four people to vote for shopping centers, then I feel the law before us is better than what's in sight. LINDA FLETCHER: I agree with you. JUSTICE EVANS: But I want to see before the next Board meeting, if there's a possibility of getting four votes to go for shopping centers, then to me it's worth. 288 MAY 3, 1994 LINDA FLETCHER: But you've arguing about the shopping center deal for months already. That was an issue right from the very beginning. JUSTICE EVANS: We have not really concentrating discussions on solely shopping centers. SUPERVISOR WICKHAM: We've gone round and round on this a long time. It's disappointing to you. It's disappointing to me. I don't know how the rest of the Board feels about it, but this is a matter that we've put a lot of energy into. There's going to be a lot of heart burn on members of the Board, who are going to be on the losing side of this. The question is, can the Board put together. .there's a very real possibility of this thing failing tonight, if we force it to a vote. LINDA FLETCHER: Couldn't you vote again in thirteen days on the same thing? SUPERVISOR WICKHAM: No. If it fails, it fails. Then it's gone. My wish is to get the Board together, put it on for a Work Session discussion once more in thirteen days time, and put this resolution that's in front of us, this language, and see if we can get a consensus to go with it, and if we can't to have a clear cut commitment for an alternative, that could move through the process as expeditiously as possible. COUNCILMAN LIZEWSKI : A lot of the work that went into this thing is not something that we have—we're not looking forward to rewriting this entire thing. I mean, it could be done very expeditiously, if we put it through the ,process again it would only take maybe six weeks, and to me six weeks to have it put into just one place, and rather than two, is worth it after working it on all these months. I know you've all waited a long time, but if I had my choice,, and I had to wait six weeks, or three meetings, to have it put in just where I want .it to , go, I'd wait that time after waiting' all these time. I mean if , that was the result, I mean, accepting this, and accepting the other one to me is a big difference. As a businessman, again, I don't like big stores coming to small hamlets, and telling me that's going to increase my hamlet centers, and the business in it. LINDA FLETCHER: I did ask for a moratorium. I think it was in March. This would have prevented this. We did ask you. We presented you with moratorium. We did ask you at the time, and to protect our interest too. SUPERVISOR WICKHAM: With all due respect, I really don't think any more damage will be done then what's already been done. We've heard a lot of comment. .Yes, Johanna? JOHANNA NORTHAM: It's seems what I'm hearing, if we delete hamlet centers there will be favorable votes. SUPERVISOR WICKHAM: There may be. I don't think we can say for certain .tonight. Okay. One person from the television. PAUL SZPARZA: I seem to remember at all the other meetings a point, a legal point, about just offering one place, and so you're going to pass a law that only offers one place, that could be challenged, we're talking about not a month, six weeks, or two months, we're talking about I.itigation. We're talking about more costs, and then having thrown out anyway. In reality if you look at the hamlets, and where they're located, thinking of a fast food place, I'm not going to locate there, because one, I'm not going to make any money. The only place I could see might be in Greenport, or possibly in Mattituck, nowhere else. COUNCILWOMAN HUSSIE: You're right. One of the reasons for putting it in two places was that perhaps one would be considered too restrictive, and therefore challengeable. I had suggested before, and I suggest again, that the alternative place be in light industrial areas. The industrial areas are along the railroad with the acceptation of the one near the landfill. Those are the light industrial areas in town. There are about seven of them. That in itself is restrictive, and that would give you an alternative MAY -3, 1994. 289 SUPERVISOR WICKHAM: We've had a lengthy discussion on this issue tonight. I would, unless the Board has anything else they want to talk about tonight, I. would be open for a motion to adjourn. COUNCILWOMAN HUSSIE: I want to say something, again, more. We were talking about electric this afternoon, this -morning rather, and electricity is on my mind, and I - have idea the time has come: again. In 1985 the Town did a feasibility study about becoming it's electric company. There are a couple of numbers that I would like you to think about. Nineteen million dollars, that what you all spend for LILCO service in town. That comes to $.16 a :kilowatt. hour, as opposed to Greenport's $.06, or Freeport $.065: When we had this feasibility study it was going to cost us $24;000,000. It still will cost us about $24,000,000. It could be less, because at the time that this was done, the cost of buying money for bonding was 12%. We're down to about between 5 1/2, and 3 right now. I am going to be pushing this. I didn't have a chance to say anything to the Board, but I am going to be trying to see if we can't form our own electric company, and save some of this money. The projection is that in five years you and I would save thirty-three to thirty-five percent of our electric bills by owning the LILCO lines. When we did this in 1985 it fell apart, because we had the problems at Shoreham, who was going to take it over. There was a Long Island Power Authority formed. There was .a lot of stuff. All of that is gone now, and lot of the obstacles have been removed. The time is now. I just thought I would tell you that. SUPERVISOR WICKHAM: The Board will.:Jake that up with interest, Alice, when you present it to us. Mr. VanBourgondien? PHIL VANBOURGONDIEN: Phil VanBourgondien, Southold. I'm a senior citizen, as you. can well tell from the top of my' head, and I'm on a fixed income. I live here with my wife, and the last day or two I've been trying to get my neighbors to get out, and vote at the school vote tomorrow night, tomorrow afternoon, and I was shocked at the amount of people that I've heard about in the last few days, who are in a financial position on fixed income, or for other reasons, who are anticipating moving out of town. It was people being layed off from Grumman, NYEX, and so on, that live here, and they will not be able to live here any longer. Where does all this bring me? It brings me to the point that if people have to sell their home, and they have to sell it in a hurry, they're going to sell it for less. The first thing that happens then is, that the new owner, if they're able to sell comes in, and asks for a reduced assessed valuation. Then the taxes go down, so the income of the taxes to the town decreases. We're facing. an ever, growing budget, and I think that if you think back on the times I`ve gotten up here, 'and spoken, it's been in most cases with the thought in mind of how can we save some money, or how can we help to save some money in our local town government. School taxes are bad enough, getting worse, and the last thing we need is a hefty increase in town taxes. .That brings me to the subject tonight.. I would like to see if there isn't a way that we can eliminate an elected position. The elected position is the Receiver of Taxes. I have not been able to find anybody in town, who was gone up to pay their taxes, who ever sees the receiver of taxes. . It's either a political patronage from the last administration, or it .is a no show .job, but .we're talking about twenty plus thousand dollars a year as his salary. I think it behooves everybody who want to works for the Town of Southold to give a fair day's work for a fair day's pay, and no taxpayer can ever find the Receiver of Taxes in the office, then we don't need . a Receiver of Taxes. Now you might say, well, the government says you can't do that.' It mandates you have to have a Receiver of Taxes. Fine, - then lets. take one of the most qualified senior ladies, who works in the Tax Department, and run her for election, and elect her, and she will lug the deposit up to the bank, which is what the Receiver of Taxes is supposed to do. I'm in pretty fair shape for my age, and I'd gladly carry the bag of money, if . that would help, but I think that there's certainly room to eliminate the position, or have somebody in the position that puts in a fair day's work for a fair day's pay. Thank you. SUPERVISOR WICKHAM:. Thank you, Phil. Food for thought. Are there any other comments from the audience? (No response. ) Any other comments from the Board? (No response. ) if not, I'll make a motion to adjourn. 2 J o MAY 3, 1994 Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:35 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. /—J�udithT. �err?y � Southold Town Clerk