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Home My WebLink AboutTB-05/02/1995 41 SWTHOLD TOWN BOARD MAY 2, 1995 WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph. J. Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9 : 10 . A.M. - Officers of the .Southold Town Promotion Committee met with the Board to bring them up to date on their plans and goals for 1-995: Richard Noncarrow, Transitional President, Jerry Moore, Assistant, Gail Marriner-Smith, Director, and William Moore, President of'the -Mattituck Chamber of .Commerce. In 1995 the Committee received $30,000 in Town funds and raised an additional $25,000. The 1995 grant is $28,000, and they are in the process of raising additional funds. 9 :40 A.M. - The Transportation,,.Committee's sub-committee on Trails met with the Board: Neb Brashi.ch, Victor Brown, Bob Bayley, Margaret Brown, Barbara Michelson, and Senior Planner Valerie Scopaz. They presented the Board with their "Seaview Trails of the North Fork", an action plan for bicycling, hiking and kyaking trails in Southold Town, which will enable a traveler to go from Mattituck hamlet center to the extreme tip of Orient Point in safety and with the necessary amenities. The trails will offer a safe trip by being off-road and off main roads whenever possible, and will utilize existing paths, dirt tracks, secondary roads and roads with wide shoulders wherever possible. Phase #1 consists of projects which have been selected because they are readily achievable at low cost and are in some ways prototypes for segments to follow. . The entire estimated cost for the five projects of Phase #1 is $34,000. The committee. asked the Town Board to allocate the money so they will be able to start the projects. It was determined the money will be taken from the Parks & Playground fund, and a resolution (20) was placed on the agenda to allocate the funds, and a budget modification to the General Fund (43) to transfer the money to the proper part of the 1995 Budget. 10:15 A.M. - Jim Heffron, Chairman of the Committee on Local Taxes, appeared before the Town Board to- discuss,.the committee's• proposal to develop a "Blueprint for Reducing Cost of Town Government" through (1) employment matters, (2) "rightsizing Southold Town goverment, (3) streamline town government to maximize efficiency and performance; (4) privatizat.ion of services, (5) budgeting - would other municipal budgeting techniques help Southold, (6) elected v. appointed positions, (7) town cooperation with other taxing entities - desirable? feasible? The Board agreed that the Committee on Local Taxes should begin work on most phases of their proposed "blueprint". 10:55 A.M. - Joseph Gold and Police Chief Stanley Droskoski met with the Board. Mr. Gold reported that the recently completed Management Analysis of the Southold Town Police Department concluded. that management reports are required to identify workload and to permit analysis of overtime needs. Mr. Gold further analyzed the workload data, and the results, in his opinion, still supports 24 police officers, with three-man squads in off-season, and four-man squads during peak season. Chief Droskoski maintained, as he has in the past, that there must be a minimum of four- man squads year round, taking on the Greenport Village territory has only increased the burden which is a minimum with the four-man squad. He said that morale is lower than it has ever been, and due to the shortage of police officers they are merely responding to calls, not initiating new work.----Supervisor Wickham asked 42 MAY 2, 1995 the Board members if they would purchase a-. fully-equipped Greenport police car. It is fairly new, was purchased for $16,400, and Mayor Kapell will sell it to the Town for $13,000. He. was asked to see if he can get it for a lower price.----The Board discussed proposed NYS legislation to increase the number of candidates that may be considered on a civil service list from three to ten, and placed a resolution (21) on the agenda to support the legislation.----Town Board abolished the current Board. of Ethics (resolution no. 22) , and created a new Ethics Board under the new Code of Ethics, and appointed three new members (resolution no. 23) .----Town Board placed a resolution (24) on the agenda to appoint Diane Chituk as a Tax Receiver Clerk.----Data Control Supervisor Jeanne Ruland met with the Board to discuss the part-time position of Computer Equipment Operator. There were a few applicants, but not as qualified as anticipated, and Ms. Ruland asked the Board to readvertise (resolution no. 25) .----Appointed Edward Forrester as Town Investigator (resolution no. 26) .----Set 3:30 P.M. , Tuesday, May 9th to interview applicants for Home Health Aide and one applicant for Transportation Committee. EXECUTIVE SESSION 12 : 10 P.tvi. - On motion of Councilman Lizewski,. seconded by Councilwoman Oliva, . it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, JusVice' Evans.----The Town Board discussed hiring police officers and appointment to the Planning Board. A resolution (27) was placed on the ,Regular Meeting agenda appointing William Cremers. Also discussed was possible settlement with one of the former Greenport Village police officers on the civil service preferred list. 12 :30 P.M. - Recess for lunch. 1 :40 P.10. - Solid Waste Issues: Town Board reviewed the bids for the Fishers Island Metal Dump reclamation project, and agreed to award the contract to Tri-S (ENSA) (resolution no. 28) .----(Solid Waste Coordinator James Bunchuck present during the following discussions. )----Town. Attorney Dowd reviewed with the board the requirements for applying for a low interest loan to the New York Environmental Facilities Corporation for the Fishers Island Metal Dump reclamation project. The project would qualify as a water pollution control measure. A resolution (29) was placed on the agenda authorizing the execution and filing of the application.---- Councilwoman Hussie brought before the Board the question of the temporary transfer station permit which expires on October 8, 1995. She asked that Dvirka 6 Bartilucci be contacted to determine whether there is any benefit to having a registered facility, and what is the likelihood of having an alternate site for recyclables by October 8th.----Jim Bunchuck made a presentation to the Board on the question of reducing the brush brought into the -Disposal Area from $70.00 per ton to $40.00 per ton. The current Town cost to manage brush is less than $20.00 per ton, and a lower tipping fee will result in recapturing the landclearing materials that currently are being taken out of town to other facilities (see resolution 30) :---- Supervisor Wickham reported on:,, :his April 24-25 meetings in Albany for Town Lobbying Day, which provided many opportunities for dialogue with key legislative leaders and committee chairmen on numerous issues. 2 :40 P.M. - Planning & zoning Issues: Discussed a proposed "Local Law in Relation to Beach Parking" and the need for allocating $6,000 for the signage which will be required after enactment of the law. A resolution (31) was placed on the agenda to hold a public hearing on this Local Law at 5:00 P.M. , May 15th.----Another Local Law, "A Local Law in Relation to Parking", which will also restrict parking at road ends, as will the previous one., was scheduled for a public hearing. at 5:05 P.M. , May 15th (resolution no. 32) .----Planner Melissa Spiro met with the Board to review the Planning Board's comments with regard to a proposed "Local Law in Relation to Lot Creation and Merger". This proposed law was sent to Code Committee for redrafting.----A letter was received from the attorney for the Depot Enterprises, Inc. petition for a change of zone advising that the applicant would like to amend his application to include his adjacent , parcel, and to amend the zoning request to Hamlet Business, as suggested by --the Planning Board. Based upon the foregoing, the Town Board placed a i resolution (33) on the agenda to accept the amendment to the petition, and a second .res.olution (34) to set. a. public hearing for 8:00 P.M. , May 30th.----Councilman Townsend reported on the Planning & Zoning Committee's recent tour of commercially zoned property on and adjacent to Route 25 from Laurel to Greenport. The purpose of the tour was to assess the potential impact of the proposed 100 ft. setback on existing properties in B, LB and LIO zones, and to get an impression of how much undeveloped commercial property exists on this road and to evaluate the appropriateness of the designated commercial zones. Maps highlighting the aforementioned zones were distributed to each Board member. MAY 2, 1995 43 3 :30 P.M. - Supervisor Wickham-0dvised the Board that Greenport Village Mayor Kapell proposes abolishing the Greenport Justice Court earlier than the date on which Justice Boyd's term expires in April, 1997. In order to do this, special NYS legislation will be required, and Assemblywoman Acampora has asked whether the Town of Southold will be prepared to pick up those responsibilities in the Town of Southold Justice Court. Supervisor Wickham presented a prepared resolution to the Board members for consideration, and after corrections and additions, was placed on the agenda for a resolution (35) .----Justice Evans brought to the Town Board the question of the Community Service Sentencing Program. Justice Tedeschi would like a reaffirmation of a 1981 resolution permitting the judges. to sentence defendants to community service at any one of the Town's departments. Currently they are pretty much restricted to assigning people to the landfill and a few to the Senior Program in Mattituck. Justice Evans will ask for additional input from the other Town Justices.----Memorandum for Superintendent of Highways Jacobs advising that the budget he submitted for dredging Goldsmith's Inlet and carting the material to Kenny's and Southold Town .Beach for beach nourishment was cut during budget preparation time from $5,000' to $3,000. That amount does not cover the cost the project, even with him absorbing the labor responsibility. The Board agreed to a budget modification to provide , sufficient funds •for the project (resolution no. 36) .----Jeanne Ruland, Data Control Supervisor, met with the Board to discuss a second request for RFP's for computer upgrade, and this time opening up the field to consultants and vendors who have consultant groups (resolution 37) .---- Councilwoman Oliva reported that -ari agreement has been reached between the Town and the DEC for an exchange of boat ramps at Sandy Beach Road and Norman Klipp .Park. A resolution (38) was placed on the agenda to authorize Supervisor Wickham to execute the agreement.----The Board reviewed a proposed resolution, submitted by Councilwoman Hussie, requesting the NYS Legislature to amend the Public Authorities Law to provide for the exercise of municipal' eminent domain powers, which would better enable the Town to evaluate whether it should develop a plan for the provision of community-based electric power (resolution 39) .----Zoning Board of Appeals member James Dinizio met with the* Town Board to discuss ' the ZBA's opinion.. on the proposed McDonald's. in Mattituck. 5 :00 P.M. - The Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. EXECUTIVE SESSION 5 : 15 P.M. - On motion of Councilman Townsend, seconded by Justice Evans, it was Resolved that the Town Board enter into Executive Session to discuss personnel, possible litigation, settlement' ' agreement with John ' Schott (resolution 41) , and appointing police officers [resolutions 42 & 42(a)] , Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney �Dowd: 6 :10 P.M. - Work Session adjourned, 44 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on May 2, 1995, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened, the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terr`y Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Do 1—hear a motion to approve the bills? Moved by Councilwoman, seconded by Supervisor Wickham, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $47,951 .52; General Fund Part Town bills in the amount of $883.51; Community Development Fund bills in the amount of $1,288.60; Highway Fund Whole Town bills in the amount of $4,652.71; Highway Fund Whole Town $4,674.84; -Tractor E Payloader Capital bills in the amount of $850.00; Employee Health Benefit Plan bills in the amount of $47,543:55; E-W Fire Protection District bills in the amount of $150,000.00; Fishers Island Ferry District bills in the amount of $8,006.46; Refuse E Garbage District bills in the amount of $92,782.59; Southold Wastewater District bills in the amount of $613.50; Fishers Island Sewer District bills in the amount of $164'95; Southold Agency & Trust bills in the amount of $5,456.70; Fishers Island Ferry District Agency & Trust bills in the amount of ,$605.03. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the minutes .,of. the April 18, 1995, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Monday, May 15, 1995, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: ' We have a full agenda tonight with forty-some resolutions, which we're going to try to move right through, so that we can get the bulk of them •finished,. by eight o'clock. Then we have four public hearings, one on a proposed annexation for property adjacent to Greenport, a "Local Law in Relation to Architectural Review", one on Site Plan Approval, and one on Retirement Incentive, that's available to the town. I draw your attention, also, to,;a. letter that we received under communications from Ron Morizzo, a local builder, who is donating and planting a cherry tree on Silversmith Corner here, in memory of the children who lost their lives in the bombing of that building in Oklahoma City. I think the Board extends it's appreciation to him for that. We undertook many items of discussion in our Work . Session today. I don't think I'm going to try to characterize any of that, because it was quite lengthy, and I think we've got a large agenda on our plate for tonight. MAY 2, 1995 45 I . REPORTS. 1 . Southold Town Community Development Report for March, 1995. 2. Southold Town Building Department Monthly Report for April, 1995. II . PUBLIC NOTICES. 1 . U.S. Corp of Army Engineers, New York District, Supplemental Public Notice announcing a proposal to reissue a Regional General Permit to continue to authorize the construction of certain - non-commercial mooring structures in navigable .waters,. .of the United States with the geographic boundaries of Nassau and Suffolk County. Comments to be received by May 12, 1995. 2. New York State Department of Environmental Conservation, application of Louis Bacon to restore South Pond. Principal .to this effort will be the excavation of phragmites and the planting of freshwater wetland vegetation in the vicinity of the pond. Restoration of upland areas will also be taking place, not the least of which will be the removal of dead trees and catbriar to create a meadow. The project is located on Robins Island, New Suffolk, New York. Comment must be submitted by May 11, 1995. III . COMMUNICATIONS. 1 . Ron Morizzo wishing to donate and plant a cherry tree at Silversmith Corner, Southold, in . memory of the children lost in the devastating bombing of the Federal Building in Oklahoma City. IV. PUBLIC HEARINGS •1 . 8:00 P.M., on the matter .of the ' application of Marion Geier .to annex a parcel of property to the territory of the Village of Greenport. 2. 8:05 P.M., on a proposed "Local Law in Relation to Architectural Review". 3. 8:10 P.M., on a proposed "Local Law in Relation to Site Plan Approval". 4. 8:15 P.M., on a, -proposed "Local Law in Relation to Retirement Incentive". V. RESOLUTIONS. SUPERVISOR WICKHAM: At this time if there is anybody in the audience, who would like to address the Board on any of the resolutions, that we are about to take up? We'd- be pleased to hear from you. Yes, sir, Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. Item #2, what do you mean by that 1/4o sales tax? SUPERVISOR WICKHAM: There is a 1/4 of 1 o sales tax monies, that goes to Suffolk County. Suffolk County, in turn, makes them available to the Town, returns them to the Town fora specially designated projects. Landfill capping is one of those projects. FRANK CARLIN: Number 9, what road item? What kind of road item are you talking about? SUPERVISOR WICKHAM: Asphalt and road surfacing materials. FRANK CARLIN: Okay, number 12, medical consultant, what do you mean by Medical Consultant? What is he going to do? SUPERVISOR WICKHAM: The Town of Southold is engaged in efforts to get all of our active Policeman back on the road. Sometimes we need to have medical test conducted. That's what this item is for. FRANK CARLIN: Oh, that's why you need a Medical Consultant. Item 21, is that the same as number 22? SUPERVISOR WICKHAM: I think they're different. They're entirely different. 46 MAY 2, 1995. FRANK CARLIN: What does it mean by that? What does that mean there, Civil Service? SUPERVISOR WICKHAM: Number 21 refers to a bill that has been put up in the New York State Assembly, and also, the New York State Senate, which basically says, that Towns and Counties should be free to select from a Civil Service list for eligibles for a given position from amongst the top ten on that list, rather that just the top three. In the past, we've been limited to just three. This • bills•• that's currently pending before the Senate and the Assembly would liberalize the rules and allow towns to hire from amongst the top ten. FRANK CARLIN: But nothing is passed yet? SUPERVISOR. WICKHAM: They,re looking to the towns and the counties for endorsement before they enact it. FRANK CARLIN: I've got one more. Number 35, taking over, if necessary, the Greenport. Justice System. Have you discussed on how we'll take that over, or what will happen here in case of. . for example, if a traffic violation is stopped in Greenport by Southold Police Department, will that fine in court wherever it goes to, will go to Southold, or will it go to Greenport Village? SUPERVISOR WICKHAM: Under this proposal, everything would be handled in Southold, and it would come to Southold. Is there anyone else who would like to address the Board on any one of these forty-some resolutions before us tonight? (No response.) If not, I think we're ready to start. 1 •- Moved by Justice Evans, seconded by Councilwoman ,Oliva, it was RESOLVED that the Town • Board of the Town of Southold hereby grants . Senior Assessment Assistant. Claire Glew a maternity leave of absence, effective May 19, 1995 .. through October 2,., 1995; Ms. Glew will work approximately one day a week beginning at the end of June. 1 •- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman . Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADO15TED. 2.- Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby allocates 1/4o Sales Tax for Landfill Capping totaling $61,300 for 1995 for debt' service relating to the Serial Bond issued for. the Hydrogeological Investigation at the Town's Cutchogue Landfill; and be it FURTHER RESOLVED that the Town Clerk .is hereby directed to forward a copy of this resolution to Suffolk County Executive Robert J. Gaffney. 2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3.- Moved by Councilwoman- Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town. Board.. of the Town of .Southold hereby modifies the General Fund Whole Town 1995 Budget as follows to appropriate a portion of the savings as a result of the full time employee anticipated to be out on maternity leave for an increase in the remuneration to the Board - of Assessment Review: To: A1355.1 .300.150 Assessors, Board of Assessment Review $ 880.00 From: A1355.1 .100.100 Assessors, Full Time Employes $ 880.00 3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,- Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MAY 2, 1995 47 4.- Moved by Councilman Lizewski,seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole -town 1995 Budget to provide for the new copy machines at Town Hall: To: A1670.2.200.500 Central Copying, Copy Machines $ 8,150.00 From: A1670.4.400.600 Central Copying, Equip. Maint:/Repairs $ 6,475.00 A1670.4.100.200 Central Copying, Copy Machine Toner 360.00 A1670.4.100.100 Central Copying, Copy Machine Paper 1,315.00 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 Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Special Counsel Richard J. Cron to accept the proposed settlements for the following certiorari proceedings, all in accordance with the recommendation of Mr. Cron and the Southold Town Board of Assessors: Roosevelt Saving Bank 1000-55-5-7 235 Mill Street 1001-4-9-7 James L. E Peter Gray 1000-114-12-2 5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman 'Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.- Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town 'Board of the Town "of Southold hereby authorizes payment of $140.00 to the Traveler-Watchman for a Memorial Tree Program ad for the Tree Committee, payment to be made from the Tree Committee's 1995 Budget. 6.- Vote of the Town Board: --Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.- Moved. by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew Stype, Certified Real Estate Appraiser, to conduct appraisals on behalf of the Land Preservation Committee, at a total fee of $2,000.00, of properties - of: - Thornton E. Smith, Bergen Avenue, Mattituck, N.Y. (Tax Map No. 1000-121-1-1 .1), approximately 37 acres; and John A. Sepenoski, Old North Road, Southold, N.Y. (Tax Map No. 1000-54-3-24.1), 51 acres. 7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 8 .- Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant Joseph Conway and Public Safety Dispatcher III John Raynor to attend the Business Records Corporation user group meeting concerning operation s,r,.and updates of the Police Department's public protection computer software (CAPPS), to be held in Hyannis, Massachusetts on May 18 and 19, 1995, and the necessary expenses for lodging, meals and travel, using a Town vehicle, shall be a legal charge to the Police Department's 1995 Budget. 8 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 48 MAY 2, 1995 9.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Sotuhodl ehreby authorizes and directs the Town Clerk to advertise for bids for the following road application items for the Superintendent of Highways, all in accordance with the bid specifications: 1 . Polymer modified bituminous single course application. 2. 50% MC 250 and 50% RC 250 liquid asphalt application with sand. 3. RC 250 liquid asphalt application with stone. 4. Purchase and application' of asphalt road materials. (Grades RC-2 and MC-2) 9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAMi Number 10, an authorization for typewriter maintenance, we're holding for tonight. 11 .- Moved by Councilwoman Hussie, seconded by Justine Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc. for supplying the Superintendent of Highways with a 1995 Jeep Cherokee Sport at a net bid price of $15,180.00 all in accordance with the bid specifications. 11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.- Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1995- Budget to appropriate funds for a Medical Consultant: To: A1010.4.500.400 Town Board, Medical Consultant $ 1,500.00 From: A1010.4.600.300 Town Board, Travel Expenses $ 1,500.00 12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, ; Supervisor Wickham. This resolution was duly ADOPTED. 13•-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay medical claims on behalf of town employees Craig Geier, Judith Terry, and Joyce Wilkins, which claims were submitted more than 90 days after the date of service by the providers, Radiological Health _Service and Metpath, Inc. 13.-Vote of the Town Board: Ayes: Justice -Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, ' with regret, the resignation of John E. Page, member of the Landmark Preservation Commission, effective April 17, 1995. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 15.-Moved by Justice Evans, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to advertise for membership on the Landmark Preservation Commission to fill the unexpired term of John E. Page to April 5, 1996. 15•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly -ADOPTED. MAY 2, 1995 49 16.-Moved by Councilman Townsend, .seconded by Councilwoman Oliva, it was RESOLVED that the Town Board ' of the Town of Southold here grants permission to Raymond Cleaves Post 861 American Legion, Mattituck, N.Y., to use the following Town roads for their. Memorial Day Parade, beginning at 9:30 . A.M., Monday, May, 29,.,;,1995: Wickham Avenue, Pike Street, Marys Road, Maple Lane, Westphalia Road, Sound Avenue, Pacific Street, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 16.-Vote of the Town Board: Ayes: Justice Evans,, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town. Board of the Town of Southold hereby modifies the General Fund Whole Town 1995 Budget to appropriate funds for the I ettlement of litigation: To: A1420.4.500.200 Town Attorney, Legal Settlement - Police $ 6,000.00 From: A3120.1 .100.100 Police, Full Time Regular Earnings $ 6,000.00 17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, .- Supervisor Wickham. ;No; Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: I can't agree with this action. It flies in the face of logic, and I think there's a '6ig question of legality. 18.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorize the following modifications to the 1995 Solid Waste District Budget: To: SR8160.4.100.600 Misc. Equipment/Supplies $ 1,500.00 From: S R8160.4.100.30o Odor Control $ 1,500.00 (To cover expected future miscellaneous maintenance needs. Currently well-stocked on Odor Control supplies.) To: SR8160.4.100.570 Maintenance Payloader #2 $ 4,000.00 From: SR8160.2.500.900 Capital Reserve $ 4,000.00 (To cover overdrawn budget dine and provide for future maintenance in 195.) To: SR8160.4.100.100 Office Supplies $ 750.00 From: SR8160.2.200.300 Office Filing Equipment $ 750.00 (To cover cost of needed office supplies) 18.-Vote of the Town Board: "Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 19.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute agreements with the following individuals for the 1995 Summer Recreation Programs, all in accordance with the approval of. Town Attorney Dowd: Hanna Coe (Yoga) . . . . . . . . . . . . . . . .$20/hour George. Constantinidis (golf) . . . . . . . . . . . . . . . . . . . . . . . . . . $50/person Shirley Darling (tennis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17/class East End Insurance Services (defensive driving) . . . . . . . $35/person Al Falkowski (parenting class) . . . . . . . . . . . . . . . . . . . . . . . $49/person Tom Fox (cartoon drawing) . . . . . . . . . . . . . . . . . . . . . . . . . . . $24/class Mary Ann Galvin (aerobics) . . . ; . . . . . . . . . . . . . . . . . . . . . . . . $20/hour Hidden Lake Farms (horseback) . . . . . . . . . . . .... . , ... . . . . . . . . $175/person Kid 'N Play - Theresa Walker (kids playcenter) . . . . . . . . $35/child Kid 'N Play - Theresa Walker (parent' s time-out) . . . . . . $9/child Mattituck Lanes (bowling) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30/person Lauren Pressler (teen nights) . . . . . . . . . . . . . . . . . . . . . . . . . $15/hour 50 MAY 2, 1995 Martha Prince (step aerobics) . . . . : . . . . . . . . . . . . . . . . . . . . $20/hour Jeanne Ruland (aerobics) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20/hour Steve Smith (weight training) , , . . . . . . . . . . . . . . . ; . . . . . . . $17/hour JoAnn Terkowski (folk dandih'g) . . . . . . . . . . . . . . . . . . . . . . . $16/hour Mary Van Deusen (line dancing) . . . . . . . . . . . . . . . . . . . . . . . . $30/hour YMCA/Theresa Marmo (parent/toddler program) . . . : . . . , . . . $30/person Dorothy Wolf (bridge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20/hour 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 Councilman Lizewski, seconded by Supervisor Wickham, it was- RESOLVED that the Town Board of the Town of Southold hereby allocates $34,000 from the Park and Playground Fund for implementing Phase #1 of the . "Seaview Trails of the North Fork" project of the Southold Town Transportation Committee. 20 .-Vote of the Town Board: . Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the, Town of Southold hereby goes on record in favor of Senate Bill No. 2479 and Assembly Bill No. 5699 entitled, "AN ACT to amend the civil service law, in relation to appointments to the competitive class from an open competitive eligible fist", known as the "Rule of Ten" proposal, which amends Section 61 of the New York State Civil Service Law to expand the field of selection from the top three (3) canditlates to the top ten (10) candidates on a civil service open-competitive eligible list; and be it FURTHER RESOLVED that the Town Clerk is hereby. directed to transmit a copy of this resolution to New York State Senator Kenneth P. LaValle and New York State Assemblywoman Patricia L. Acompora requesting their support of the change. 21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22 .-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby abolishes, effective immediately, the- -Southold Town Board of Ethics, whose members are Rudolph H. Bruer, Esq., Edward J. Boyd V. Esq., and Barbara Rudder. 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 Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 10j Article IV, Section 10-50 of the Code of Ethics, hereby establishes a Southold Town Board Ethics Board, and appoints the following individuals to the Board for the following terms: Blanche K. Katz effective May 2, 1995 through May 2, 1996 Richard E. Ploth effective May 2, 1995 through May 2, 1997 William .J. Milusich effective May 2, 1995 through May 2, 1998 23•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. i MAY 2, 1995 1 24.- Moved by Councilman Lizeski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town' of Southold hereby appoints Diane Chitik as a Tax Receiver Clerk, effective immediately, at a salary of $6.35 per hour. 24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 25 .-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for a part-time Computer Equipment Operator for the Central Data Processing Department, 17-1/2 hours per week, salary commensurate with experience and be it FURTHER RESOLVED that the Town Clerk is hereby authorized to place this advertisement in Newsday as' well as The Suffolk Times. 25 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, . . . Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 26.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Forrester as Town Investigator, from the Suffolk County Department of Civil Service Certification of Eligibles, effective June 1, 1995, at salary of $34,115.00 per annum. 26..-Vote of the Town Board: Ayes: Justice Evans, • Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. Thig resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'd. just like to point out, that this Town Investigator, that we just appointed, is another name for a Code Enforcement Officer, or Ordinance Inspector, that the Town has been working on for some time. 27.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town - Board of the Town of Southold hereby appoints William Cremers as a member of the Southold Town Planning Board, effective immediately through December 31, 1995, to fill the unexpired term of Mark S. McDonaid, at a salary of $6,953.00 per annum. 27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was dulyADOPTED. SUPERVISOR WICKHAM: I'd just like to point out that we had many very well qualified candidates for this position. It was a pleasure to interview so many people, and to see the talent that is willing to serve for the town. It make it difficult for the Board to choose from among such well-qualified people, and I hope that they will continue to express interest in other positions as they come up. 28.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Tri-S Inc. Division of Environmental Services of America, Inc. (ENSA), 25 Pinney Street, Ellington, Connecticut, for furnishing services to remediate the Fishers Island Metal Dump as set forth in the bid specifications, at the following price: Mobilization . $ 10,000.00 Excavation, Transportation and Disposal of Solid Waste $259,150.00 Removal of Hazardous Waste: $79.00 per, ton fo'r TPH contaminated solid waste $255.00 per ton for RCRA - characteristic contaminated solid _waste $422,00 per ton for TSCA/RCRA contaminated solid waste 52 MAY 2, 1995 AND BE IT FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is authorized and directed to execute an agreement between the Town of Southold and Tri-S Inc. (ENSA) to furnish .the aforesaid remediation services, all in accordance with the approval of the Town Attorney. 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 Supervisor Wickham, seconded by Justice Evans, RESOLUTION AUTHORIZING THE EXECUTION AND FILING ' OF AN APPLICATION AND EXECUTION-AND DELIVERY OF A PROJECT FINANCING AGREEMENT AND OTHER DOCUMENT5 NECESSARY FOR SRF ASSISTANCE. WHEREAS, the Town of Southold, herein called the "Municipal Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the Project generally described as the Fishers Island- Metal Dump Reclamation, herein called the "Project", is desirable and in the public interest, and to that epd it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires such State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to Chapter 565 of the Laws of New York 1989 as amended, the State Water Pollution Control . Revolving Fund Act (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 York, : being a body 'corporate and politic with full and lawful power and authority 'to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the 'Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the SRF Act; and WHEREAS, the Act authorizes the establishment of a program for short-term financial assistance for the planning of eligible projects in addition to its program for long- term financial assistnace for planning, development and constriction of eligible projects; now, therefore, be it RESOLVED by the Town Board of the. Town of Southold as follows: 1 . The filing of an application for 'SRF assistance in the form required by the Corporation in conformity. with the SRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed and authorized as the official representative of the Municipal Applicant to execute and deliver an application for SRF assistance, to execute and deliver the Project Financing Agreement and any other documents necessary to receive financial assistance from the Fund for the Project described, to act.- in.. connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Municipal Applicant as may be required: The Supervisor. 3. The official designated above is authorized to make application for financial assistance under the following SRF Program for either short-term or long-term financing or both. 4. One certified copy of thi9'''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. ' MAY 2, 1995 53 29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30.- Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold, hereby reduces the fee from $70.00 ton to $40.00 per ton for heavy brush, landscaping ' and—yard wastes, including but not limited to . stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves, effective.May 3, 1995. 30 .-Vote of the Town Board: Ayes:' Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: This is another one of those last minute resolutions, that came up before, but it's a step in the right direction. As you may know, I follow the revenues and the expenditures of the Solid Waste District very, very closely, and my calculations, at this time, project a $340,000 to $360,00 surplus by the end of the year. This is, of course, in support of my contention from October, 1993 when we first started this bag program, that we would not lose money. In fact, we would make money. It's also a credit to the innovativeness, and management of Jim Bunchuck. This is one of the reasons, this fact that there would be a surplus, that I objected in November to raising the 'cost of the over the scale charge to 4-1/2 cents. The District didn't need the money. If the quality or equity between the bag prices, and over-the-scale prices was a factor, or a problem, then we should have 'lowered the bag prices, which I proposed to this Board tonight. The Solid Waste Task Force would be pleased to look at our landfill collection center operation, and make recommendations to this Board to lower fees based ' on the total picture of fiscal responsibility in, the Solid Waste District. I , think it's a good thing to do, but we have to do more. COUNCILMAN TOWNSEND: Regarding that, actually this is not an attempt to reduce revenues. This is an attempt to increase revenues. Our cost was so high for brush at the Landfill, that most of the carters were sending it out of town, and it was determined that they had to pay $35.00 a ton for out of town locations to take the brush. So, we're hoping that we can keep that material, which we can use to ultimately turn into compost, within the town. The DEC has allowed us to do that, and secondly, we did run a deficit in the garbage waste district last fall. We may run a surplus this year, but we are not trying to give back revenues at this point. We're going to wait and see, because as say, we did not have a surplus last year, Alice. COUNCILWOMAN HUSSIE: We were down $12,000 because we paid some other things, but the point that I want to make is, that we really should look at all of the fees, and not just one here and there. SUPERVISOR WICKHAM: Alice, we are looking at all those fees. You didn't contribute anything to this .discussion. You're. bringing it up now. If you feel that, bring it up to the Board. Let us consider it. We'd be delighted to take it into account. The reason I introduced this measure was, because $70.00 that we're currently' charging was far"more ' than it's costing us to deal with it. We're bringing it down, trying to put these fees in relation to what it costs the Town. If you find fees, that you feel need to be adjusted, bring them to the attention of the Board. Don't just make- a political statement in the middle -of a meeting. 31 .- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 2nd day of May, 1995, a Local law entitled, "A Local Law in Relation to Beach Parking"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Monday, May 15, 1995, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Beach Parking BE IT ENACTED, by the Town Board of the Town of Southold as follows: 54 MAY 2, 1995 I. Chapter 65 (Parking at.Beaches) of the Code of the .Town of Southold is hereby amended as follows: 1. Section 65-1 (Policy) is here by amended by adding the following: The Town of Southold provides bathing beaches and recreational facilities and parking areas adjacent thereto at various locations within the town for the use and enjoyment of residents of the Town of Southold. The Town also has many road ends which provide access to the water. The use of such facilities by persons other than residents has increased to such an extent that such facilities have become overcrowded, with the result that residents are denied the use thereof. The Town Board therefore declares it to be the policy of the Town of Southold to restrict.and regulate the parking of vehicles in the parking areas adjacent to the bathing beaches, road ends, and recreational facilities described in this chapter in accordance with the provisions hereof. 2. Section 65-2 is hereby amended as follows: A. The following beach parking areas are hereby designated as Town of Southold "Parking by Southold Town Permit.Only" areas: (1) Parking area adjacent to the bathing beach located at the terminus of Manhanset Avenue, Gardiners Bay, Greenport, known as and referred herein as "Norman E. Klipp Marine Park." (2) Parking area adjacent to the bathing beach located approxi- mately one hundred (100) feet east of the intersection of County Route 48 and Sound View Avenue, Long Island Sound, Southold, known as and referred to herein as "Southold Town Beach." (3) Parking area adjacent to the bathing beach located at the terminus of Horton Lane, Long Island Sound, Southold, known as and referred to herein as "McCabe's Beach." (4) Parking area adjacent to the bathing beach located at the terminus of Kenney Road, Long Island Sound, known as and referred to herein as "Kenny's Beach." (5) Parking area adjacent to the bathing beach located adjacent to North Bayview Road, Town Harbor, Southold (east of Goose Creek Bridge),,known as and referred to herein as "Goose Creek Beach." (6) Parking area located at the terminus of Mill Road, Long Island Sound, Peconic, known and referred to herein as "Goldsmith's Inlet Beach." (7) Parking area adjacent to the bathing beach located at the terminus of First Street, Peconic Bay, New Suffolk, known as and referred to herein as "New Suffolk Beach." B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: M State Street a/k/a Skippers Lane, Orient Harbor. Orient, from the terminus north and east on.Skippers Lane to intersection with Oysterponds Lane. MAY 2, 1995 5 5 (2) Youngs Read Street, Long Island Sound, Orient, from the guardrail at the terminus south for a distance of five hundred (500) feet. (3) Aguaview Road from Rocky Point Road, Long Island Sound, East Marion east for a distance of five hundred (500) feet, and Rocky Point Road from the terminus south for a distance of five hundred (500) feet. East Gillette Drive, Orient Harbor, East Marion, from the terminus north to Cleves Point Road a distance of one hundred 100 feet. (5 , Shipyard Lane, Orient Harbor, East Marion, along both sides from the.terminus north for a distance of one hundred.sixty 160 feet. (6) Blue Marlin Drive Shelter Island Sound, Greenport along both sides from the terminus east for a distance of one hundred 100 feet. M Island View Lane.-Shelter Island Sound, Greenport, along both sides from the terminus west to intersection of Bavview. (88) Silvermere Road, Pipe's Cove, Greenport, along both sides of the parking area adjacent to the terminus. (9) Sound Drive East a/k/a 67 Steps, Long Island Sound, Greenport, from the guardrail at the terminus south for a distance of five hundred (500) feet. (10)- Sound Drive, Long Island Sound, Greenport, both sides, between Sound Drive East and Sunset Lane. Bay Home Road, Southold Bay, Southold, along both sides from the terminus;north for a distance of three hundred (300) feet. (121 Bavview Avenue North, Hashamomuck Pond, Southold, along both sides from the terminus east for a distance of one hundred forty (140) feet." Cedar Avenue, Goose Creek, Southold, along both sides from the terminus south to Oak Avenue. Gilbert Street, Jockey Creek, Southold, along both sides from the terminus north to Jockey Creek Drive. ,(15) Glenn Road, Goose Creek, Southold, along both sides from the terminus north fora distance of two hundred (200) feet. (16) Kenney Road, Long Island Sound, Southold, west side only, from the terminus south to intersection of Lake Drive. (17) Leeton Drive, Long Island Sound, Southold, along both sides from its intersection with Kenney Road west for a distance of six hundred ten (610) feet. 56 MAY 2, 1995 Lighthouse Road Long Island Sound Southold on east side from the terminus south for a distance of six hundred fifty (650) feet. Meadow Lane Long Creek Southold along both sides from the terminus north to Grove Drive. North Parish Drive Southold Bay, Southold, along both sides from intersection with North Bavview east for a distance of three hundred (300) feet. , (21) North Sea Drive, Long Island Sound, Southold, along both sides from the intersection with Horton's Lane west for a distance of eight hundred twenty (820) feet. 22 Sound View Avenue, Long Island Sound, Southold, along both sides from the intersection with Lighthouse Road south for a distance of two hundred fifty (250) feet. (23) South Harbor Lane Road, Richmond Creek, Southold, on the west side, from the guardrail at the terminus north for a distance of five hundred (500) feet. (24) Terry Lane, Town Creek, Southold, along both sides from the terminus east to the intersection with Hobart Road. Town Harbor Lane Southold Bay, Southold, along both sides from terminus north to Terry Lane. 26 West Creek Road Goose Creek Southold, along both sides from the terminus south to Smith Drive North. LZ71 William's Road Goose Creek Southold, along both sides'from the terminus south to Smith Drive�North. 28 Willow Point Road Southold Bay Southold, along both sides from the terminus north for a distance of two hundred (200) feet. (29) Indian Neck Lane Road, Hog Neck Bay, Peconic, along both sides from the terminus north for a distance of two hundred fifty (250) feet. 30 Spring Lane Richmond Creek Peconic along both sides from the terminus west for a distance of two hundred fifty (250) feet. Wells Road Richmond Creek Peconic, along both sides from the terminus north for a distance of three hundred fifty (350) feet. 32 East Road East Creek Cutchoque along both sides from the terminus west for a distance of two hundred (200) feet. 33 Harbor Lane East Creek a/k/a Eugene's Creek, Cutchoque, along both sides from the terminus north to Oak Street. (34) Mason Drive East Broadwaters Cove, Cutchoque, along both sides from the',terminus west to Hickory Drive. Mason Drive West Haywater Cove, Cutchoque, along both sides from the terminus east for a distance of two hundred sixty 260 feet. MAY 2, 1995 5 36 Nassau Point Road, Peconic Bay, Cutchoque, along both sides from the terminus east for a distance of three hundred (300) feet. 37 Peguash Avenue, Cutchoque Harbor, Cutchogue, along both sides from the terminus north to East Road. 38 Skunk Lane a/k/a Bay Avenue, Hog Neck Creek, Cutchogue, along both sides from the terminus west to Nassau Point Road. 39 West Road, Wickham Creek, Cutchoque, along both sides from the terminus east to West Creek Avenue. L40� Fifth Street; Cutchoque Harbor, New Suffolk, along both sides from the terminus north to Jackson Street. Fourth Street—Cutchogue Harbor, New Suffolk, along both sides from the terminus north to Jackson Street. Grathwohl Road, West Creek, New Suffolk, along west side from the terminus of George Road north for a distance of one hundred (100) feet and south for a distance of one huhdre M 00) feet. Old Harbor Road, Cutchogue-Harbor, New Suffolk, along both sides from the terminus north for a distance of one hundred fifty 150 feet. (44) Third Street, Cutchoque Harbor, New Suffolk, along both sides from the terminus north to Jackson Street. 445 , The Anchorage, Mattituck Creek, Mattituck, along both sides from the terminus east to Woodcliff Drive. (46) Bailie Beach Road, long Island Sound, Mattituck, along both sides from the,terminus south for a distance of five hundred (500) feet. 4�7� Bay Avenue, Peconic Bay, Mattituck, along both sides from the terminus north to Peconic Bay Blvd. (488) Bavview Avenue a/k/a Shore Acres, Mattituck Creek, Mattituck, along both sides from the terminus west for a distance of two hundred fifty (250) feet. Inlet Drive, Long Island Sound, Mattituck, alonq both sides from the terminus south to Sound Beach Drive. 50 Knollwood Lane, Mattituck Creek, Mattituck, along both sides from the terminus east for a distance of one hundred eighty 180 feet. 5�1 , Siasbee Road, Peconic Bay, Mattituck, along both sides from the terminus north to Peconic Bay Blvd. (52) Sound Beach Drive, Long Island Sound, Mattituck, along both sides from the terminus south for a distance of fifty (50) feet, then east for a distance of two hundred (200) feet. 58 MAY 2, 1995 D. The following boat ramp areas are herebv designated as Town of Southold "Parking by Southold Town Permit Only" areas: M King Street a/k/a Hog Pond Road Orient Harbor Orient along both sides from the terminus north for a distance of three hundred (300) feet_to Harbor Road (2) Narrow River Road, Hallock's Bay, Orient, parking area on south side known and referred to'herein as "Narrow River Road Launching Ramp" and along both sides of Narrow River Road for a lstarice of 35 feet north and 350 feet south of the entrance for the parking area. LQ Bay Avenue., Gard iners Bay, East Marion along both sides from the terminus north to.bridge. Pipe's Neck Road, Greenport, along both sides from the terminus north three hundred (300) feet. Bavview Avenue South, Hashamomuck Pond Southold along both sides from the terminus east for a distance of one hundred forty (140) feet. Gagen's Landing Road Goose Creek Southold along both sides from the terminus north to Clearview Avenue. fD Lake Court, Great Pond a/k/a Leetons Lake Southold along both sides from the terminus north to Lake Drive. Minnehaha� Blvd a/k/a Nokomis Road Corey Creek Southold Parking area adjacent to launching area. Pine Neck Road, Jockey Creek, Southold, along both sides from the terminus west to North Bavview Avenue. (10) Parker's Landing Road, Richmond Creek, Peconic, from the terminus west to Indian Neck Lane. .(111 Little Neck Road, East Creek Cutchogue along both sides from. the terminus north for a distance of two hundred fifty (250) feet 12 Wilson Landing. East Creek a/k/a Eugene's Creek Cutchogue along both sides from the terminus east to Beebe Drive (13) County Road 48, Mattituck Creek, Mattituck, parking area on north side.known and referred to herein as "Town Launching Ramp at Mattituck Creek." D. A beach permit shall be required at all times between May 15 and October 15 of each year. A beach permit shall not be required at other times of the year. 11 . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions '�* Strikethrough represents deletions. MAY 2, 1995 59 31 .Vote of the Town Board: Ayes: Justice- Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 32.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 2nd day of May, 1995, a Local Law entitled, "A Local Law in Relation to Parking"; now, therefore, be it RESOLVED that the Town Board hereby sets •5:05 P.M. , Monday, May 15, 1995, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Parking BE IT ENACTED, by the.Town_, Board 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 92-41 (Parking prohibited at all times) is amended as follows: Name of Street Side Location Crescent Avenue' South At Fishers Island, from the southeasterly corner of the inter- section of Crescent Avenue with Fox Avenue, easterly for a distance of 250 feet Equestrian Avenue Northwest At Fishers Island, between Fishers Island Electric Company utility pole Nos. 28 and 29 Whistler Avenue .,South At Fishers Island, from the south- easterly corner of the intersection of Whistler Avenue and Airport Road easterly for a distance of 1,795 feet Village Lane East At Orient, between New York State Route 25 and Orchard Street Village Lane West At Orient, between a point 50 feet north of the northerly curbline of Orchard Street and a point 675 feet southerly thereof Tabor Road Both At Orient, from the southerly curbline of New York State Route 25 south- erly for a distance of 270 feet County Route 48 Both At Greenport, starting at a point 100 feet east of Chapel Lane and ex- tending easterly 100 feet Eighth Street East At Greenport, between New York State Route 25 (Main Street) and Corwin Street Seventh Street East At Greenport, between New York State Route 25 (Main Street) and Corwin Street 60 MAY 2, 1995 County Route 48 Both At Southold, starting at a point on the southeasterly corner of Sound View Avenue and extending easterly to the intersection of Bayberry Lane County Route 48 North At Southold, from the extension southerly of the easterly line of Horton's Lane, easterly for a dis- tance of 250 feet County Route 48 North At Southold, from the extension southerly of the westerly line of Horton's Lane, westerly for a dis- tance of 250 feet County Route 48 South At Southold, from the extension northerly of the easterly line of Horton's Lane, easterly for a dis- tance of 250 feet County Route 48 South At Southold, from the extension northerly of the westerly line of Horton's Lane, westerly for a dis- tance,of 250 feet Hobart Road East At Southold, from the northerly curb- line of Terry Lane, northerly for a distance of 98 feet Horton's Lane West At Southold, from the extension easterly of the northerly line of County Route 48, northerly for a dis- tance of 60 feet Mechanic Street East At Southold, between New York State Route 25 and Mechanic Street East North Bay View Road Both At Southold, for a distance of 450 feet easterly and westerly from the center line of Goose Creek Bridge Sound View Avenue , Both At.Southold, starting at the inter- section of County Route 48 and extending westerly for a distance of 620 feet Terry Lane North At Southold, from the easterly curb- line of Hobart Road easterly for a distance of 142 feet Terry Lane South At Southold, from the extension southerly of the east curbline of Hobart Road easterly for a distance of 127 feet Traveler Street South At Southold, from the southwest cor- ner of Traveler Street and Beckwith Avenue proceeding westerly for 111 feet to the guardrail MAY 2, 1995 6 .1 Youngs Avenue East At Southold, from the southerly c&b- line of New York State Route 25 southerly for a distance if 181 feet Youngs Avenue West At Southold, from the northerly curb- line of New York State Route 25 northerly for a distance if 186 feet Depot Lane West At Cutchogue, starting at the inter- section of New York State Route 25 and extending northerly for a dis- tance of 360 feet Jackson Street Both At Cutchogue, from the southerly curbline of New Suffolk Avenue, southerly for a distance of 250 feet Nassau Point Road Both At Cutchogue, from the intersection (Causeway) with Bay Avenue a/k/a Skunk Lane south for a distance of 1,750 feet New Suffolk Avenue Both At Cutchogue, at Halls Creek Bridge, Downs Creek Bridge and West Creek Bridge for a distance of 250 feet easterly and westerly from the center lines of said bridges New Suffolk Road East At Cutchogue, from the southerly curbline of New York State State Route 25 southerly for a distance of 400 feet New Suffolk Road West At Cutchogue, from the southerly curbline of New York State Route 25 southerly for a distance of 385 feet King Street South At New Suffolk, between Fourth Street and Fifth Street Love Lane East At Mattituck, from the north curbline of New York State Route 25, northerly for a distance of 20 feet Love Lane West At Mattituck, from the north curbline of Pike Street, northerly for a dis- tance of 40 feet Love Lane West At Mattituck, from the north curbline of Sound Avenue, northerly for a dis- tance of 75 feet Luther's Road a/k/a Both At Mattituck, from the guardrail at the Breakwater Road northerly terminus of Luther's Road extending southerly for a distance of 500 feet Marratooka Lane Road West At Mattituck, between Peconic Bay and Park Avenue 6 2 MAY 2, 1995 New Suffolk Avenue Both At Mattituck, from the southerly curbline of New York State Route 25 easterly for a distance of 500 feet Peconic Bay Boulevard Both At Mattituck, for a distance of 250 feet easterly and westerly from the center line of Brushs Creek Bridge Peconic Bay Boulevard North At Mattituck, from New York Telephone pole No. 22 easterly 650 feet to New York Telephone pole No. 16 Pike Street Both At Mattituck, starting at the inter- section of Wickham Avenue and extending westerly for a distance of 310.feet Pike Street South At.Mattituck, from the easterly curbline of Westphalia Road easterly for a distance of 12 feet �. Section 92-42 (Parking prohibited during certain hours) is amended as follows: A. The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Between the Name of Street Side Hours of Location Whistler Avenue North 7:30 p.m. In Fishers Island, from and 6:00 a.m. the easterly terminus westerly for a distance of 500 feet Youngs Read Both 10:00 p.m. In Orient, from the guard- Street and 6:00 a.m. rail at the northerly terminus southerly for a distance of 500 feet Rocky Point Road Both 10:00 P.M. In East Marion, from the and 6:00 a.m. guardrail at the northerly terminus to Aquaview Road Shipyard Lane Both 10:00 p.m. In East Marion, from the and 6:00 a.m. guardrail at the southerly terminus northerly for a distance of 160 feet Manhanset Avenue Both 10:00 p.m. In Greenport, from Peconic and 6:00 a.m. Bay to Inlet Lane and the public parking lot adjacent thereto MAY 2,. 1995 " Silvermere Road Both 10:00 P.M. In Greenport, along both and 6:00 a.m. sides of the parking area r adjacent to the terminus Sound Avenue Both 10:00 P.M. In Greenport, from the 67 Steps) and 6:00 a.m. guardrail at the northerly terminus to Sound Drive -%edRd-Q4Y`9 Beth 40 98-p-m- 4"FeeRpe e+a-the ~aR":99-a-.M- ReFthedy teFFRlnws seNtbe4y fern-distaRse-eft 59-feet Sound Drive West Both 10:00 P.M. In Greenport, from the and 6:00 a.m. westerly terminus easterly for a distance of 200 feet Bay Home Road Both 10:00 p.m. In Southold, from the ter- and 6:00 a.m. minus northerly for a distance of 300 feet Budd's Pond Road Both 10:00 p.m. In.Southold, from the and 6:00 a.m. guardrail as the southerly terminus northerly for a • distance of 100 feet Gagen's Landing Both 10:00 P.M. In Southold, from and 6:00 a.m. Clearview Avenue westerly to the terminus Lake Court Both .10:00 p.m. In Southold, from terminus and 6:00 a.m. northerly to Lake Drive Lighthouse Road Both 10:00 p.m. In Southold, from the and 6:00 a.m. guardrail at the northerly terminus southerly for a distance of 200 feet Pine Neck Road Both 10:00 P.M. In Southold, from Peconic and 6:00 a.m. . Bay to North Bay View Road Rambler Road Both 10:00 P.M. In Southold, from and and 6:00 a.m. including its intersection with Watersedge Way northeasterly for a distance of 150 feet Terry Lane North 10:00 p.m. In Southold, from the west and 6:00 a.m. curbline of Hobart Road westerly to Town Creek Town Harbor Lane Both 10:00 p.m. In Southold, from Peconic and 6:00 a.m. Bay to Terry Lane Watersedge Way. Both 10:00 p.m. . In Southold, from and and 6:00 a.m. including its intersection with Rambler Road north- westerly for a distance of 150 feet 6 .4 MAY 2, 1995 Indian Neck Lane Both 10:00 p.m. In Peconic, from the and 6:00 a.m. guardrail at the southerly end northwesterly for a distance of 200 feet Duck Pond Road East 10:00 P.M. In Cutchogue, from the and 10:00 a.m. guardrail at the northerly terminus southerly for a distance of 400 feet Duck Pond Road West 10:00 p.m. In Cutchogue, from the and 6:00 a.m. guardrail at the northerly terminus southerly for a distance of 400 feet East Road Both 10:00 p.m. In Cutchogue, from the and 6:00 a.m. guardrail at the easterly terminus westerly for a distance of 200 feet First Street Both 6:00 a.m. In Cutchogue, from the and 6:00 p.m. guardrail at the southerly from April 15 to terminus northerly for a September 15, distance of 200 feet both dates inclusive Haywaters Road Both 10:00 p.m. In Cutchogue, from and 6:00 a.m. Peconic Bay easterly for a distance of 230 feet Nassau Point Road . Both 10:00 p.m. In Cutchogue, from Peconic and 6:00 a.m. Bay easterly for a distance of 170 feet Pequash Avenue Both 10:00 p.m. In Cutchogue, from the and 6:00 a.m. guardraul at the south- erly terminus northerly for a distance of 210 feet Skunk Lane Both 10:00 p.m. In Cutchogue, from Peconic and 6:00 a.m. Bay westerly for a distance of 150 feet Second Street Both 6:00 a.m. In New Suffolk, from the and 6:00 p.m. guardrail at the southerly from April 15 to terminus northerly for a September 15, distance of 200 feet both dates inclusive Bailie Beach Road Both 10:00 p.m. In Mattituck, from Long and 6:00 a.m. Island Sound southerly for a distance of 500 feet Bay Avenue Both 10:00 P.M. In Mattituck, between and 6:00 a.m. Peconic Bay and Peconic Bay Boulevard MAY 2, 1995 65 Inlet Drive Both 10:00 p.m. In Mattituck, from the north- and 6:00 a.m. erly curbline of Sound Beach Drive northerly to Long Island Sound Marratooka Road Both 10:00 a.m. In Mattituck, from the and 6:00 p.m. southerly terminus thereof northerly to Park Avenue Pike Street South 6:00 a.m. In Mattituck, from the and 6:00 p.m. easterly curbline of Maple Avenue easterly for a distance of 245 feet Reeve Avenue East 4:00 p.m. In Mattituck, from the and 7:00 p.m. southerly curbline of New Saturdays; York State Route 25 7:00 a.m. and southerly for a distance 1:00 P.M. of 500 feet Sundays Sigsbee Road Both 10:00 P.M. In Mattituck, from the • and 6:00 a.m. southerly curbline of Peconic Bay Boulevard southerly to Peconic Bay Sound Beach Drive Both 10:00 P.M. In Mattituck, from Long and 6:00 a.m. Island Sound southerly for a distance of 100 feet B. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in Section 65-2 (A). 3. Section 92-43 (Parking prohibited for a limited time only) is amended as follows: The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations: Between the Time Name of Street Side Hours of Limit Location Lighthouse Road West 6:00 a.m. and 2 hrs. At Southold. parking 10:00 P.M. area for Southold Park District Museum from terminus south for a distance of 300 feet Oaklawn Avenue Both 8:00 a.m. and 15 At Southold, starting at 4:00 p.m. ex- mins. a point 300 feet south- cept Saturdays, erly of the southerly Sundays and curbline of New York holidays State Route 25 for a distance of 552 feet 66 MAY 2, 1995 Youngs Avenue West 8:00 a.m. and 2 hrs. In Southold, between 6:00 p.m. New York State Route, 25 and Mechanic Street Duck Pond Road East 10:00 a.m. 2 hrs. At Cutchogue, from the and 10:00 p.m. guardrail at the north- erly terminus southerly for a distance of 400 feet Duck Pond Road West 7:00 a.m. and 2 hrs. At Cutchogue, from the 10:00 P.M. guardrail at the north- erly terminus southerly for a distance of 400 feet First Street Both 6:00 a.m. and 15 At Cutchogue, from the 6:00 p.m. mins. guardrail at the north- erly terminus southerly for a distance of 400 feet SkUR Re Beth 7-09 a.m. and 2--1;rs- 1a4atGh9@ e;fFGm F=MeRsleR 4"Q p.m. ReGeR16-Bay westefly €er-a-dlstaRse-ef 159 feet Love Lane Both 8:00 a.m. and 2 hrs. At Mattituck, between 6:00 p.m. New York State Route and Pike Street Love Lane East 6:00 a.m. and 5 At Mattituck, for a dis- 6:00 p.m. ex- miss. tance of 48 feet north- cept Sundays -erly commencing from a point 136 feet north of the northerly curb- line of New York State Route 25 Pike Street Both 8:00 a.m. and 2 hrs. At Mattituck, between 6:00 p.m. Westphalia Road and a point 200 feet east- erly of the east curbline of Love Lane i i . This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents additions. 32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. ' This resolution was duly ADOPTED. MAY 2, 1995 - 6 .7 33.s. Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the amendment to the change of zone petitions of Deport Enterprises, Inc. from "R-O" Residential Office District to "HB" Hamlet Business, and the inclusion the adjacent parcel to the west, also owned by the applicant, in the petition for a change of zone. 33.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, . Councilwoman Hussie, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was duly ADOPTED. 34.- Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, Depot Enterprises, Inc: by application dated March 6, 1995, petitioned the Town Board of the Town of Southold for a change of zone on certain property located on -the northeasterly corner of NYS Route 25 and Deport Lane, Cutchogue, N.Y., from "R-O" Residential Office District to "B" Business District, amended to I'M' Hamlet Business District; and WHEREAS, the Southold town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, May 30, 1995, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of Deport Enterprises, Inc. for a change of zone, at which. time any person desiring to be heard should appear at the time and place above so specified, and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. 34.- Vote of the Town Board: Ayes:. Justice Evans, Councilwoman Oliva, Councilman Townsend, . Councilwoman Hussie, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was duly ADOPTED. 35 .- Moved by Supervisor Wickham, seconded by Councilman Townsend, WHEREAS, the Village of Greenport is considering the abolishment of the Greenport Village Justice Court; and WHEREAS, to do so earlier .than the date on which the Greenport Justice's term expires (April, 1997) requires special legislation from the New York State Legislature; and WHEREAS, Assemblywoman Patricia L. Acampora is exploring htis legislation and has asked whether the Town of Southold will be prepared to accept the responsibility for administration of Justice matters in Greenport's jurisdiction; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares the Town to be willing and prepared to take on all additional Justice Court matters resulting in the event that Greenport abolishes its Justice Court in the future. 35.= Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 36 .- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the. Town of Southold hereby modifies the General Fund Whole Town 1995 Budget to appropriate additional funds for the Beach Nourishment Program as follows: To: A7110.4.400.300 Park & Beach Facilities $ 1,000.00 From A8090.4.100.900 Trustees, Drainage Projects $ 1,000.00 36.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 68 MAY 2, 1995 37.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for proposals for an upgrade to the Town Computer system. 37.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly. .ADOPTED. 38.- Moved by Councilwoman Oliva, seconded by Justice 'Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the Town of Southold, Nevi"' York ' State Department of Environmental Conservation, and New York State Office of Parks, Recreation and Historic Preservation, whereby the State will waive their requirement for State access for Norman Klipp Park Boat Launching Ramp during the bathing season from Memorial Day to Labor Day, 1995, provided the Town makes available another boat launch ramp to State residents at Sandy Beach Road Boat Launch Ramp at no or reasonable fees; said agreement all i.n accordance with the approval of the Town Attorney. 38 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 39.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, WHEREAS, the Town Board of the Town of Southold 'is concerned about the high cost to the residents .and business owners in the Town of Southold of the electrical power provided by LILCO; and WHEREAS, the Town of Southold, together 'with the other East End Towns of East .Hampton, Southampton, Riverhead, and -Shelter Island, retained Entek Research, Inc., to prepare a study on the feasibility of the five East End Towns' establishment of a multi-Town community=Based municipal electric utility provider as an alternative to LILCO; and WHEREAS, one of the legal°,issues identified by the feasibility study dated March 31, 1995, is whether the State legislation (Public Authorities Law, Art. 5, Title 1-A) creating the Long Island Power Authority (LIPA) pre-empts towns on Long Island from exercising the eminent domain powers extended to the towns through other sections of law for the purposes of providing community-based electric power; and WHEREAS, the feasibility study points out, on page A-44 thereof, that " It1he most direct and obvious solution to the LIPA pre-emption issue is to persuade the New York legislature to adopt an amendment to the LIPA Act which eliminates the pre-emption problem"; and WHEREAS, the Town Board of the Town of Southold finds that through an amendment of Public Authorities Law §1020-h, a clearer legal authority for the exercise of municipal eminent domain powers could be provided, which would better enable the Town to evaluate whether it should develop a plan for the provision of community-based electric power; now, therefore, be it RESOLVED that the Town .Board of the Town of Southold hereby requests and recommends to the Legislature of the State of New York that an act amending Public Authorities Law 1020-h to add the following language be introduced and considered- for :adoption by the`State Legislature: Nothing in this title shall be construed as pre-empting, or otherwise limiting, the rights of any municipality located in whole or in part in the service area from exercising any power or authority granted to it by Article 14-A of the General. Law, including the right to acquire facilities through eminent domain as set forth in subsection six of section three hundred sixty of the General Municipal Law. AND BE IT FURTHER RESOLVED that the Town Board hereby authorizes the Town Clerk to send copies of this resolution to the Supervisors and Town Board members of the Towns and Mayors of Incorporated Villages in Southampton Town, Southold, East Hampton, Riverhead and Shelter Island, and encourages other Town Boards and Village Boards to adopt similar resolutions; and be it MAY 2, 1995 6 FURTHER RESOLVED that the. Town Board hereby directs the Town Clerk to send a certified copy of this resolution to State Senator Kenneth LaValle, and Assemblywoman Patricia .. Acompora, serving in the 1st Assembly District. 39.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, ' 'Councilwoman Hassid, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 40.-Moved by Councilwoman Hussie, seconded by Councilwoman Lizewski, it was RESOLVED that the Town Board, of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a Cook for the Nutrition Center at salary of $18,792.63 per .annum. 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 Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement with John Schott in full settlement of an action involving the Town of Southold, for the total sum of $6,000.00; said agreement in a form approved by the Town Attorney. 41 .-Vote of the Town Board: "Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: • Councilwoman Hussie, Councilman Lizewski. - - • ; This resolution was duly ADOPTED. 42 .-Moved by Councilman Townsend, seconded by Supervisor Wickham, WHEREAS, the Town Board •of. the Town of Southold has determined that it has a need for police officers available to carry out patrol duties throughout the Town of Southold; and WHEREAS, the Town has 21 officers who carry out patrol duties, of which number some officers are sick, disabled or on vacation; and WHEREAS, the Town of Southold is a tourist and vacation area which experiences a . 100% increase in population and activity during the summer, which means that a full complement of police officers becomes essential to the public health and safety during the period between Memorial day and Labor Day; and WHEREAS, Memorial Day is less than 30 days away and the necessary police officers must be hired immediately so that they can be outfitted, absorbed and fully trained in Southold procedures before the pressure of the summer begins; and WHEREAS, the Southold Police Chief has strongly emphasized the need for more police officers; and WHEREAS, the Town of 'Southold must select police officers from the "preferred list", dated December 14, 1994, and whereas certain parties on that list have declined . the position, have been. subject to correspondence with Civil Service regarding removal from the list, or are otherwise unavailable; now, therefore, be it RESOLVED that the Town Board of the Town of Southold determines that a total of four police officers, effective May 16, 1995, at a salary of $21,652.00 per annum: Cary Charters, Cary Blasko, Stephen Ryan. 42.-Vote of the Town Board: Ayes: Councilman Townsend,Supervisor Wickham. No: Justice Evans, Councilwoman Oliva, Councilwoman Hussie, Councilman Lizewski. This resolution was LOST. COUNCILWOMAN OLIVA: 1 would like to offer a resolution hiring Cary Charters, effective on -May 16. 70 MAY 2, 1995 42a.- Moved by Councilwoman Oliva, 'seconded by Justice Evans, it was RESOLVED that the Town Board of. the Town of Southold hereby appoints Cary Charters a Police Officer from the Suffolk .County Department of Civil Service Preferred List, effective May 16, 1995, at a salary of $21,652.00 per annum. 42a..-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 43.=Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund Whole town 1995 Budget to appropriate Park E Playground funds for implementation of Phase #1 of the'"Seaview Trails of the. North Fork" project: To Revenues: A2025.00 Special Recreation Facilities $ 34,000.00 Appropriations: A7989.1 .100.100 Other Recreation-Trail Systems Full Time, Regular Earnings $ 7,125.00 A7989.2.500.310 Other Recreation-Trail Systems Equipment,.. Picnic Tables 1,000.00 A7989.2.500.320 Other Recreation-Trail Systems Equipment, Bike Racks 4,500.00 A7989.4.100.350 Other Recreation-Trail Systems Paint .& Stencils 1,025.00 A7989.4.100.995 Other Recreation-Trail Systems Signs & Plaques 20,350.00 SUPERVISOR WICKHAM: This is to finance the work proposed under Resolution twenty. 43.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: 'That completes our resolutions for tonight. It's just eight o'clock, and we can move into the hearings. We'll return after the hearings for people who wish to address the Board on various matters. Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that a recess be called at this time, 8:00 P.M.; for the purpose of holding a public. hearing. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Reconvened at 9:45 P.M. 44.-Moved by Supervisor Wickham, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold on the 18th day of April, 1995, a Local law entitled, "A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995, for Eligible Employees of the Town of Southold"; and WHEREAS; a public hearing was held on this Local Law on the 2nd day of May, 1995, at which time all interested persons were "given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 6 - 1995, which reads as follows: LOCAL LAW NO. 6 - 1995 A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995, for Eligible Employees of the Town of Southold BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1 . The Town of Southold hereby elects to provide all its eligible employees with a retirement incentive 'program authorized by Chapter 12, Laws of 1995. MAY 2, 1995 71 Section 2. The commencement date of the retirement incentive program shall be May 31, 1995. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefits, shall be ninety (90) days in length. Section 4. That the employer will fund the Retirement Incentive Program provided by Chapter 12, Laws of 1995, by paying to the New York State and Local Employees' Retirement System in five (5) annual payments, the amount of which shall be determined by the Retirement System Actuary, the fist payment for which is due December 15, 1996. Section 5. This act shall take effect May 2, 1995. 411.-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 suggest we hold the rest. The hearings are over. The resolutions have been taken up by the Board. We're at that point in the meeting, where the Board is open to any comments, or discussions, or observations, that members of the audience would like to make. Mr. Swi skey? WILLIAM SWISKEY: Yes, Supervisor Wickham, you mentioned before you named the three names on the first resolution to hire Police Officers, that you had four positions. What is the other position? Is it a superior officers' position? SUPERVISOR WICKHAM: The fourth position is a way to deal with our legal requirements in attarcting three people. WILLIAM SWISKEY: Yeah, but you created four positions. SUPERVISOR WICKHAM: But we have no intention, at this time, of hiring four people. WILLIAM SWISKEY: You have no intention of hiring four people? SUPERVISOR WICKHAM: At this time. WILLIAM SWISKEY: Do you have intention of hiring any additional Sergeants? SUPERVISOR WICKHAM: Not"at this time. WILLIAM SWISKEY: I know there are several police officers presently on the Town force, that are eligible for it, and it would be good moral, and there were problems in the Greenport Police Department, believe me, but you don't want to bring them to Southold. Thank you. SUPERVISOR WICKHAM: Thank you. Mr. Carlin? FRANK CARLIN: Just a short one, Tom, just a question. On this study of the Southold traffic, on the study of the traffic safety, and that, I don't see it mentioned in here that you include the problem, or review the problem with the traffic light by A&P Shopping Center, and the King Kullen Shopping Center. That's very important. I don't see it mentioned in the paper. SUPERVISOR WICKHAM: We have from time to time asked the State of New York to review, the traffic conditions in front of those two supermarkets. We've asked them to evaluate the need for it. A lot of people have petitioned the State, and the Town, and if we get additional expressions of interest we'll resume that, but the -,State is pretty rigorous in how they handle it, and frankly, their tend0t),,Pyis not to put in traffic lights if they can help it. FRANK CARLIN: If they give you a hard time about putting a traffic light by King Kullen, just tell them to go up a thousand feet up the road, and take about four of them down from the nine, and put them up by King Kullen, because you don't need nine up there by Cox's Lane, and Route 25. 7 2 MAY 2, 1995 SUPERVISOR WICKHAM: Mr. Siegmann? ED SIECMANN: A month ago I came before this Board, because there was one of your Council people, Joe Lizewski, who wrote a letter to the newspaper, and he had some incorrect statements in that letter. I corrected those statements at that . meeting, and I never heard a word from Mr. Lizewski saying anything to 'me that night after I got done talking. In fact, Joe Ristuccia spoke, too. He would be here tonight, but he's at the wake for his father, so he can't be here. So, I'm talking for the two of us. Lo and behold I didn't think, that I was going to pick up a newspaper a month later, and find a'. repeat of the same thing of using Joe's name, and my name in the newspaper, and making some incorrect statements again. So, for the record I'd like to correct those statements, that were made in the newspaper. This is what. it said, at the last Town Board meeting I finally got a response to one of the many letters I put in your newspaper. The response "'was from TaxPac duo of Ed Siegmann and Joe Ristuccia. It was great to see them again. I have not seen them 'protecting the taxpayers at our meetings for long time. They did not protest when the taxes for the town went up to 8%. I'd like to make a correction, Joe. That meeting, that public meeting on taxes ' was held on November the 10th. Both Joe Ristuccia, and myself got up and spoke about the increase in taxes, and you were not present. You were absent that day. Now, why you go to a newspaper, and make this statement, that we weren't saying anything about the Town taxes going up, but you weren't present at the meeting. It is one of things that I'm opposing with what you're doing in the newspaper. I don't care, you can write to the .newspaper a hundred times, but put the facts- in the way they are. Don't tell the story the way you would like to tell it. In fact, I'm wondering why you have such a grievance against TaxPac, when if it wasn't for TaxPac 'starting about five years, taxes in this town were going wacky. Teachers were getting 10o increases every year in our taxes. Today if you see their down in the area of 30, or some of them are even coming in where they're going to hold it to whatever the cost of living is for the year. That wouldn't -have happened without some people finally being heard, and complaining about the way taxes were going in this town. So, why you should be beating the drum against TaxPac I don't quite understand. If fact, you should be joining us in trying to hold the taxes down in this town, and you wouldn't see so many for sale signs. You continued, and you say they did not mind being left off the Tax Committee. I explained very clearly why we were happy to left off the Tax Committee, because the Tax Committee came in with the same statements, that we've been making for five or six years, and at least nobody could point, and say, see this is the ,old -TaxPac game again, because it was a different group of people that was making that study. Why you should pick on that one, I don't know. Then it says, I guess all is . faring well with TaxPac. They probably endorse giving - away taxpayers' land with no taxes for the life of YMCA. You're back to your crystal ball again, that you spoke about a month before. You're looking in- the crystal ball, and guessing what TaxPac's position would . be. Let me explain to you what the position would be. Where they're asking to build that YMCA up on a piece of property that was donated to the Town, and when, that piece of property was donated to the Town, that tax revenue from that piece-of- property was. lost at that time. It wouldn't be lost because the YMCA would be building there, and I think the YMCA would solve a lot of the problems, that this town is having with the kids in different school districts, and you hear them, you read about them in the newspaper, -the problems that these people—that some of these children are having, and if a YMCA could correct some of them I'd be happy to see them build up on that piece of property, that we would lose nothing on, because there's no taxes being paid on that property now. So; Joe, do us a favor, if you want to talk to us about something, that you think we're doing wrong, get your story straight before you go to the newspaper. I don't go to the newspaper, and give them stories about you, although I might not like some of the things that you're doing. So, please, operate with us the way we operate with you. Thank you. COUNCILMAN LIZEWSKI : Ed, the taxpayers paid for that land. That was not donated. Taxpayers' money paid for that land on Peconic Lane. That was not donated money. That came out of the pockets of the taxpayers of this town. That was not a free gift. ED SIECMANN: It was bought from the gentleman? MAY 2, 1995 7 3. COUNCILMAN LIZEWSKI: It was bought from the gentleman. It was bought with Park and Recreation funds, but it was bought with people's money. 1 • • • ED SIEGMANN: Then I stand corrected; but, see this is where you should correct us, and not in the newspaper. JIM DINIZIO, JR. : This is the reason why I came here. I wish the Village Board was still here, because the comments are really directed at them. It's concerning the East-West Fire District, and the amount of money that our town gives them. Currently, I'm a member of the Greenport Fire Department. I live in Southold Town. - I have to put up with the votes that have been in the Village that effect me. A lot of the land, that is in the village is off the tax roll, and effects my school district. Certainly the Geier property, if they so chose, they could take that off the tax rolls. They effect me in almost every way of my life. I don't want to let them effect me in this way. I don't know, if you're thinking of using that money for other means is going to jeopardize my safety, I have no idea. I'm not an expert in that, but I do know that this Board, or the previous Board, signed a contract with them, and I believe that the money traditionally has been spent on equipment. It's been set aside for equipment. As a member. . ask Pete, we've been a member for twenty years. That money has always gone for that, and to now; 'take that money to reduce Village taxpayers' payment is not fair. I'm asking the Board, who represented the East-West Fire District to protest that in some way. The,, good way may be to set up a committee of people who live in the East-West Fire District, and I've got my hand up. Just let me know when it is, because I want to see about that. I would like for you though, if you could research I believe we raised the tars for the vote in anticipation of the - pension fund. Okay? We raised that, had our taxes raised, stating basically that we would help pay for it. Therefore encouraging a vote, that I couldn't vote, but encouraging those people to vote for that pension fund. Now, we're basically taken away from us even more. SUPERVISOR WICKHAM: Jim, can I respond to that? Two weeks ago George Capon here raised much the same question, and in response to that I spoke to the Mayor, .and asked him what his plans were, and struck us as a kind of an unfair use of the fund. His comment to me, and I've written a letter to George along those lines, was that while it's true that. .l'm just paraphrasing what the Mayor said. While it's true that we in the Village would like to use that money for purposes other than just buying equipment. We have no intention of using it to finance the awards program, so I don't know, and I can't speak for them, but I think that statement will hold, that they will not use it for the awards program. JAMES DINIZIO, JR. : Tom, I really don't care what they use it for. They're supposed to .use , it for trucks. They are supposed to use it for equipment. That is traditionally where that money goes. What Dave is saying to you is, that this will not pay the pension plan, but he certainly can buy the carousel, and put up with that money. Then meanwhile we have problems with equipment. They certainly didn't oppose when the Greenport Fire Department went out, and "purchased a brand new ladder truck for, I believe, over a half millions dollars, when they could have gotten a used one. SUPERVISOR WICKHAM: I'll have further discussions with Greenport. JAMES DINIZIO, JR. : Certainly, again, V volunteer for that committee, Tom, and certainly I can find other volunteers, too. Thank you. PETER HARRIS: My name 'is . Peter Harris, 212 Knapp Place, Greenport. At the Village of Greenport's Work Session, 1 was the first person that voiced my disapproval for the $157,000 East-West Fire District payment to the Village of Greenport. As I looked over the Village's proposed budget saw $85,000 and change earmarked for the service awards program. Having read the newspaper the same day, the Mayor was taking $86,000 from the East-West Fire District payment, which normally goes to the apparatus replacement fund. It always traditionally gone to the apparatus replacement fund, and I questioned the fact that you'.re taking. . first of all, the residents of the Village of Greenport voted and passed a referendum 74 MAY 2, 1995 knowing full well that. their taxes were going.,up, I believe, around 2.5% to cover the expense from the Village taxes point of view to cover their part of the service awards, where the Town of Southold had already agreed and had already taxed me, and the other people in the East-West Fire District, and I said to him, I said, ,Q,avid, I'm being taxed twice. I said, I already paid my share, now, you're taxing me again. He says, no, no, no, and I said, well, I beg to differ with you. You're taking $50,000 out, and put it in apparatus fund. You're taking you're 20%, which is part of contract. The Village gets 200 of that money for managing our money. Okay? He said, well, first of all you're wrong. It's not your money. He says, we are providing a service. We can do with that money what we want, and I said, well, I don't like the way you say, we can, as long as we provide adequate fire protection we can do with that money what we want. I'm saying to myself, I says, well, as a taxpayer I don't mind paying my fair share. I'm a volunteer fireman, almost twenty-five years for Greenport Village, and East-West Fire Protection District, but, and I was in favor of the service awards program, but I'll be damned, if I want to have to carry the full load, and I sincerely request that this Board check into the ramifications of what the agreement for the East-West Fire Protection agreement with the Village. I tried to explain to him. I said, Mr. Mayor and Board, the money was always. .the Village of, Greenport I can not remember when the last time the Village of Greenport taxpayers bought a piece of fire apparatus. Yes, you allocate money to .run, the department, but it's. been the East-West Fire Protection money, that's bought, and paid for all the fire apparatus that they own today. So, for them to in turn take money from my tax dollars to either pay for a service award, or to run the budget for the fire department I don't think it's fair. Believe me, I'm a Greenporter, and I'm proud to be a Greenporter. I'm proud ' to be a resident 'of Southold Town, but I think I'm getting shortchanged in more ways than one. Thank you very much. SUPERVISOR WICKHAM: We'll look into it. Mr. Flynn? F.M. FLYNN: F. M. Flynn, again. I also am a resident of the East-West Fire District, and if it is so, that my taxes are going exclusively, or at least a portion of the fire taxes, are going exclusively to the village, then I feel I'm being taxed without representation. As a matter of fact. this entire question of the service awards is questionable. At the time, I had no objection, 1 had no personal objection to the service awards per sec. I knew that they were pretty common here on Long Island, however, I did question him as to the way the cost was to be allocated. I thought it would a reasonable allocation, if the costs were allocated for service based upon demand, and I have checked, that out, and I was told by the Fire Chief, George Penny presided at the time, that the ratio of calls was approximately fifty-fifty. Now, at the time, in the Village's offices there was in the Fire Chief's handwriting' 'a ' tabulation of the "calls, which indicated, and I forget exactly, but somewhere less than fifty percent of the calls originated from the East West Fire District. It would be easy for me to check the exact statistics. That is something that should be investigated, but it supports my other contention, that it would be reckless on the part of this Board to divest itself of any portion of Southold's property to the Village of Greenport, unless you have the firm commitment as to what the property is to be used for. You can't convey that property with loose ends. For all you know, for you to do that, any sort of a sanitary plant, or anything else could be located there. To conclude, I quote a former admired president, trust or verify. Thank you. HOWARD MEINKE: It's late and hot, and I thought this was going to come earlier. I would just like to try to get a couple of answers from the Board. This relates to the program under the McDonald's situation. I was at the Zoning Board of Appeals meeting, where they talked about Special Exception, and I have admit that I didn't come away with really understanding that was a direct, verifiable set of procedures, extensions, approvals, and etc., so, I rather subscribe, with what little I know, to the North Fork Environmental's contention, that the building permit is of questionable validity, and something based on that action could be taken. I'm interested in how you sort that out, because you may say, that court procedures have been- lose, sloppy is not a nice word, but that's how it looks to me, and that's how it's been done. Maybe you feel that it has to be approve because based on what has happened in the past, we would be embarrassed if we tried to fight this. That may be true. I don't know, but MAY 2,, 1995 5 a further point is that if in fact, Cofam was some local person, that had provoked your displeasure--at some time in the past, and had gotten a Special Exception, and had let it lapse, and had a building permit of questionable legality, and he did not have a franchise with deep pockets, and you thought he was just another Joe, you could pull his building permit, and beat him into the ground, I suspect. If that is the case, that also applies to a lot of the discussion we've had here. You have to have procedures. They have to be precise. They have to be adhered to, or you can beat up this person, and you can not beat up this person, but my question was about CoFam. In your opinion, are they or are they not, on solid ground with what they're doing? SUPERVISOR WICKHAM: I'm reluctant to speak very definitely on this question, because it's quite likely that no matter what the Board does, there's likely to be litigation on one side, or the other, that we're going to get involved in. I will say, that the procedures that have been used in this were unclear, at least to- this Board, so we asked the Zoning Board to clarify it's procedures. 'You apparently sat in on their meeting on that. They've written us a note with it. The note, I guess, is helpful, but I have to say, as one member , of this Board at -least, it still isn't abundantly clear exactly the procedures that the Town takes in handling these things. I will say, that the Town acted as near as I can tell in good faith, in every one of the steps, and the actions, and the permits, and the denials, that have been taken up until qqW, and I don't think that the question can be raised, that we are applying the law in certain ways on certain people, and beating up on other people, and using it in a discretionary sense, like that. I think we've been scrupulously careful to apply it, even though I grant you that it's not all together clear, and one of the things that immerged out of today's discussion is the .need to bring out greater clarity, but I think the Board has really been extremely careful, that we not apply it in a deferential sense. HOWARD MEINKE: Oh, I, was not making any accusations, that you were. It was a statement that I thought you had the ability to do that, and a town can't be allowed to have that ability to do that. SUPERVISOR WICKHAM: Joe, would you like to add to that? COUNCILMAN TOWNSEND: I disagree with you a little bit. I thought that the Zoning Board of Appeals' position was clearly stated today at our meeting. I wasn't at the hearing, and I agree when I read the memo, it wasn't immediately apparent, but after talking to Jim Dinizio, and then reading the memo it was relatively clear. Basically I can get into it, but you just said, we don't want to get into too much detail. Other than the fact that, the ZBA felt that because of the length of time it takes to get permits, and because of the fact that the Planning Board required a Special Exception, before they start deliberation, and then the length of deliberation often exceeds six months, and a year, or two years, it has been the policy for them not to consider the Special Exception fully approved until after all permits have been obtained, and that makes logical sense. Maybe what isn't logical is why we specify six months in the Special Exception, and the Planning Board asks for a Special Exception before they start the process, but the fact is there is logic to what their procedure is. Whether that has been uniformly applied—that was the other thing, that aspect of the Special Exception seems to have been uniformly applied based on what we received from the ZBA, and that's what we're trying to find out. HOWARD MEINKE: If I could just say one more thing. Based on my experience in other towns, and cities, in Connecticut, those types of permits with time are considered very important, and it is incumbent upon the building, the contractor, the architect, to come in for exception. I'm not saying they can't get exceptions, and the Board shouldn't grant them, but it's incumbent to ask. They, wherever I've been, are in wholesale violations, if they do something, and the permit has lapsed whether it would extended if someone went' in: on bended knee, hat in hand, and said, we need an extension. They would get the extension, but they are deep yogurt because they didn't. COUNCILMAN TOWNSEND: 4h'this instance they did ask, though. 76 MAY 2, 1995 HOWARD MEINKE: I guess they did. Nobody shows a paper trail at that meeting, that would make a trail to show. SUPERVISOR WICKHAM: Is there anyone else, who would like to address the Board on any of these matters? FRANK CARLIN: You know, I never seen a subject that's a record being played, and played, and played, and played. I hope, in my opinion, it will be settled. I hope in the' next two months, I hope, in my opinion, I'll be having my big Mac. DOROTHY NINTZEL: My name is Dorothy Nintzel. We have been fighting it, and we don't want a big Mac, and that's why I'm here. So, if you need a big Mac go to Riverhead. I think the people in this town overall, except maybe for Mr. Carlin, .and a few others, don't want McDonald's and things like that here, -and this is why we are picking up on these things, that we feel were illegal,. and are not followed according to the Code of the Town. This is why 'we' •are fighting so hard, because we don't another Riverhead here. That's all I have to say. SUPERVISOR WICKHAM: I can only comment that the rules of the game, the Zoning rules that the Town•,adopted would not permit a McDonald to come up on that site now. The problem that we're in is that those rules were adopted just a few *weeks after they came in and got a permit, and actually started work on it. That's the difficulty that we're in. I think the majority of this Board has already acted in changing those rules, but the timing was just a little bit out of phase. Before Mr. Carlin is -there anyone else who would like to address the Board on this is or any other matter? FRANK CARLIN: You keep saying this subject that we don't want a McDonald in this town, we didn't want a Burger King. That's never been proven. It's never been proven that the 22,000 people in this town was against having a fast food restaurant. There's a certain group that doesn't want this fast food restaurant. So, let's put that to bed right now. In fact, I'll leave you with one more thing, because I don't want to get into this anymore. I'll leave you with one more thing. You know, I'll leave you with two things. I'm sorry, I know everyone wants to go home, but I'll leave you with two things. Three years ago, when we started originally with McDonalds, when we had a public hearing here, environmental agency had children marching up • and down the hall • here with signs saying, no McDonalds. In my opinion, it shouldn't have been allowed in here by the Town Board, to solicit in a public place. Secondly, the second one that's it for me for tonight is, when they demonstrated in front of the Burger King down there in Riverhead this last year, to and behold I stopped there, and spoke to the manager, I said, I don't understand these people. Some of them just came in here for a hamburger, and coffee, and they're out there carrying the signs. SUPERVISOR WICKHAM: Mr. Carlin, I'd like to remind you, you've characterize my position accurately two weeks ago, when you .said that I had no problem with a McDonalds in Southold provided it's in an appropriately zoned location, and I think the issue isn't whether we have a McDonalds or not, it's a question of where will it be, and in connection with our zoning districts. FRANK CARLIN: It's in a proper zone. It's in a business zone. What more do we need? SUPERVISOR WICKHAM: Since there no one else in the audience, who would like to address the Board, are there any Board members who would like to make a comment? COUNCILMAN TOWNSEND: I just want to say one thing. You know, quite frequently you've lobbied for various things on the Board. It's not uncommon at all, and in the last two appointments this Board has made, first the Zoning Board of Appeals, and now the Planning Board. There's been a MAY 2, 1995 77 lot of lobbying going on and it's difficult when you have very good candidates being lobbied for by people that have supported you in the past, and generally agree with you; and they don't happen to be the candidate that you're going to choose. Traditionally, you know, in politics - you support those people, that have supported you, and so forth. Sometimes that doesn't happen, and this is sort of an anonymous apology to people who have called me, and written me lately about the appointments. All I can say is, that the people they support are very, good and qualified, it's just sometime you have to go with other people, and I hope the people out there I'm talking to know that it's not an easy decision to make. SUPERVISOR WICKHAM: Any other comments? (No response.) Do I hear a motion to adjourn? Moved by Councilwoman liussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 10:20 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. . This resolution was duly ADOPTED. Judith Tee uthold T k