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HomeMy WebLinkAboutTB-11/01/1994 186 SOUTHOLD TOWN BOARD NOVEMBER_ 1,; 1994 WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry-1Town Attorney Laury L. Dowd. 9:20 A.M. - Donald J. Grim met with the Town Board to discuss the discovery of contaminated water on his property on Oregon Road, Cutchogue, north of the Town Disposal Area. Mr. Grim dug a well on his property and the water was found to be contaminated by Board of Health codes. He feels the problem is due to the close proximity of the Disposal .Area. He distributed a copy of portions of the hydrogeological investigation report prepared by Dvirka and Bartilucci in October, 1991, which he contends contains specific information suggesting that the former landfill could be the potential source of his water contamination. Mr. Grim requested the Town to provide him with bottled. water as soon as possible at the Town's expense, and then fund the expense for driving a new well on the other side of his property in the hopes of obtaining water that .is acceptable to the codes established by the Board of Health. The Town Board told Mr. Grim they would take matter under advisement until they have an opportunity to investigate the allegations. 9:45 A.M. - Personnel: The Board discussed a memorandum from Recreation Supervisor Kenneth Reeves asking whether the Town Board would consider hiring Laura Carlisle to teach baton and walkabout programs during the Winter/Spring Recreation Programs. Town Board does not wish to utilize the services of Ms. Carlisle.----Councilman Townsend advised the Board that the Youth Support Committee. had met and set up guidelines for the Youth Scholarship Program, using the Section 8 low income limit, administration of the program by Recreation Supervisor Reeves, and overview by the Youth Support Committee (see resolution no. 26) .----Town Board set 4:00 P.M. , November 3rd to meet and review proposed Ethics Code amendments.----Supervisor Wickham asked the Town Board to consider calling for the Ordinance Inspector civil service list so they can conducts interviews and be prepared to appoint in January, 1995 if they are all in agreement. The list will be requested. 10:15 A.M. - James Dinizio, Jr. joined the Town Board for a discussion with regard to forming a Cablevision Advisory Committee. The Cablevision franchise agreement expires in May, 1995, and Mr. Dinizio, member of the Zoning Board of Appeals, and an employee of Cablevision, has offered to assist the Town Board in developing a strategy for the negotiations. (Councilwoman Hussie excused herself from this discussion as she is an investor in Cablevision.) As a. result of the discussion a resolution (no. 27) was placed on the agenda to create a Cablevision Advisory Committee and advertise for resumes-----Town Board set November 10th, 4:00 P.M. to conduct interviews of applicants for the TDR Working Group. 11 :45 A.M. - Solid Waste: Councilwoman Hussie reported to the Town Board that the Solid Waste Task Force met to consider the proposal by East End Recycling & Composting Co. for solid. waste management service for Southold Town. The Task Force unanimously recommended that% the Town Board not consider the proposal, and fully documented their reasons (copy on file in the Tow.n Clerk's Office) .----Town Board considered a . resolution to authorize additional payment to Fagan Engineers for review ' and revisions to the specifications for the clean-up and restoration of the Fishers Island Metal Dump (see resolution no. 28) .----Supervisor Wickham NOVEMBER 1 , 1994 187 brought before the Board for discussion a proposed letter to the newspapers, from the members of the Town Board, in support of the proposition to be voted on on November 8th for a $1,750,000 bond for the purchase of development rights in agricultural lands. Councilwoman Hussie, Councilman Lizewski, and Justice Evans declined to be signatories of the letter.----Supervisor Wickham presented to the Board a proposed .letter to Greenport Village Mayor Kapell and the Village Trustees asking them to consider seriously an appropriate timing for disbanding the Greenport Police Department, in the event the voters authorize it in the upcoming special election. He stressed that public safety in Greenport will be best served by a well thought out plan for providing police protection: The Board agreed to a proposed date of March 1, 1995 for the commencement of the services if it is the will of the Village Board and, the voters to disband its existing force.----Senior Accountant John Cushman met with the Board to explain a proposed bond resolution for the purchase of machinery and apparatus for lease to the Solid Waste Management District (see resolution no. 29) .----Councilwoman Oliva explained resolution no. 22 to the Town Board, which. authorizes the Town Clerk to advertise for Requests for Proposals to obtain the services of consultants to assist the town in the preparation of a Harbor Management Plan and Local Erosion Management Plan. 11 :35 P.M. - Recess for lunch.- 1 :35 P.M. - Work Session reconvened and Councilman Townsend reviewed notes from the October 25th Planning and Zoning meeting. The recommendations of the Stewardship Task Force were discussed at that meeting and the committee gave each recommendation a high, intermediate or low priority for the Town Board taking up the recommendation. The Planning and Zoning Committee will immediately be addressing how public water supply systems relate to zoning, affordable housing, and commercial zones - the format and location of existing zones. The country inn concept will be, addressed by the Code Committee, and the Supervisor's Parks Committee will be working on road ends.----Community Development Administrator James McMahon met with the Town Board to explain the proposed 1995 Community Development Budget and Competitive Grants Programs (see resolution no. 30) .---- Town Board reviewed, revised, and approved the 1995 Town Board meeting .dates.----Supervisor Wickham presented an overview of the aftermath from the 1995 Budget meetings. He outlined five areas the Board will want to address: (1) establishing minimum fines specified in the Town Code, and will ask the Town Justices for a recommendation; (2) analysis of Town printing needs with a view to possible acquisition of enhanced in-house . printing capability; (3) designing and implementing, before June 1995, a .program for greatly increasing revenues from all Town beaches; (4) establishment of criteria in considering grants to various not- for-profit organization, and elimination of duplication of services; and (5) further cost-saving modernization at the Disposal Area. The Supervisor's Parks Committee is working on the Town beaches item, Councilwoman Hussie is working on -the criteria for grants, etc., and Solid Waste Coordinator Bunchuck will be asked for input on the modernization at the Disposal Area.----Supervisor Wickham advised that a joint meeting between the Town Board and Greenport Village Board has been set for 7:30 P.M. , Tuesday, November 29th, at Town Hall.----Supervisor, Wickham asked the Board members to suggest nominees for the Suffolk County Women's Hall of Fame Award. Councilwomen Oliva will handle it with the assistance of Councilwoman Hussie and Justice Evans.----Supervisor Wickham reported on a recent meeting he attended at which there were presentations by New York Power Authority president/chief executive officer S. David Freeman and Long Island Power Authority chairman Richard Kessel with regard to public takeover of the Long Island, Lighting Company. As a result of the meeting he asked the Board to hold the proposed Entek contract and adopt a wait and see attitude. 3:50 P.M. - Town Board reviewed the proposed resolutions to be voted on at the 4:30 P.M. Regular Meeting. EXECUTIVE SESSION - 3:55 P.M. On motion of Councilwoman Oliva, seconded by Supervisor Wickham, it was Resolved that the Town Board enter into Executive. Session to discuss personnel, contracts, and negotiations. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd. 4:30 P.M. - Work Session adjourned. 188 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on November 1, 1994, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Sorry we got a little bit delayed in finishing up our affairs today. A 4:30 P.M. meeting puts quite a time constraint on the Board, in comparison to a 7:30 P.M. meeting, that are every alternate week. We have an audit of bills to be approved. Would anyone like to move them? Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $131,567.56; General Fund Part Town bills in the amount of $19,315.74; Nutrition Fund bills in the amount of $1,636.30; SNAP Program bills in the amount of $1,064.51; Highway Fund Whole Town bills in the amount of $2,838.66; Highway Fund Part Town bills in the amount of $9,886.72; Open Space Capital Fund bills in the amount of $200.00; Lighting/Heating Capital A/C bills in the amount of $508.46; Tub Grinder/Stump Buster Cap bills in the amount of $270,191 .37; Sweeper 8 Payloader Capital bills in the amount of $77,211 .00; Yard Waste Compost Capital bills in the amount of $176,366.83; Employee Health Benefit Plan bills in the amount of $49,656.18; Fishers Island Ferry District bills in the amount of $17,785.23; Refuse and Garbage District bills in the amount of $95,566.65; Fishers Island Sewer District bills in the amount of $927.50; Southold Agency 8 Trust bills in the amount of $5,537.08; Fishers Island Ferry District Agency 8 Trust bills in the amount of $1,019.00. Vote of the Town Board:. Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. .This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the October 18, 1994, Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the minutes of the October 28, 1994, Town Board Budget meeting be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board will be at 7:30 P.M., Tuesday, November 15, 1994, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. NOVEMBER 1 , 1994 189 SUPERVISOR WICKHAM: We have before us a series of resolutions to take up shortly. Those resolutions go up to, I believe, thirty-one of thirty-two separate resolutions. There's going to be one public hearing at five o'clock this after on parking at Fishers Island. We have a number of items, that the Board took up this morning, and this afternoon, in a Work Session. It's the normal practice recently to try to summarize briefly some of these discussions. As it turns out, most of the items, that were discussed today, do find themselves as part of the resolution, so there's very little material here, that we discussed, that is not part of the resolutions. There are a couple of items, and I'll just mention them very briefly. One of them has to do with the letter, that the Town got seeking an expression of interest from Southold Town, whether we wish to participate or not in the OMNI facility in Calverton. As you know, the OMNI facility is compost plant. The .Town of Southampton, and the Town of Riverhead, have. both indicated an interest in participating with them, and there's a possibility of Brookhaven, also joining. They have asked whether the Town of Southold would like to ' ship it's garbage to the proposed OMNI, facility in' Calverton. The last Town Board meeting we asked our Solid Waste Task Force, chaired by Alice Hussie, to look at that question. The Task Force met, and has given us a recommendation with some six or eight reasons why it appears not be in the Town's interests to establish an agreement, and work towards a agreement, an arrangement, with OMNI at this time. It doesn't preclude the possibility in the future, but at the present time the recommendation of the Task Force is not to proceed along those lines. This afternoon the Town Board took up the question of the Stewardship Task Force recommendations, that came out of the recommendations that the Task Force put on our desk back in the Spring of this year, and we have met as a Board to take up those recommendations, and to discuss how we wish to deal with them. The Planning and Zoning Committee of the Board chaired by Joe Townsend on my left here,. and reviewed all those recommendations, and basically come up with a high, medium, and low priority rating for those different recommendations. As we took up the high priority recommendations today, those of the Board felt through the committee had a high recommendation, and ultimately wound up with three or four issues, that we'll be delegated to the Planning and Zoning Committee for further work pursuant to the Stewardship Task Force recommendations. One of them has to do with affordable housing. Another one has to do with a review of business zones throughout the town. The third one, Joe, you got to help me here. - COUNCILMAN TOWNSEND: The third one was just the water distribution. SUPERVISOR WICKHAM: To develop a plan for the Town to deal with the prospect of public water to provided in Southold Town. We all know that public water is a likely development through parts of the town, primarily coming from the Suffolk County Water Authority, and the charge to the Planning and Zoning Committee is to develop a mechanism by which the Planning framework for the Town is not distorted or biased, through the provision of public water, recognizing that public water is likely to come. Those are the three topics that have been delegated to the Planning and Zoning Committee. In addition, out of this Stewardship Task Force recommendation, there was one proposal that was delegated to the Code. Review Committee chaired by Ruth Oliva on my left, and that is a proposal to look at country inns in Southold Town, country inns to function in a green belt, agricultural environment, a sort of upscale inn situation, and what zoning requirements might be put in place to facilitate country inns. No decisions were taken on any of these issues. They were basically delegated to those two committees to deal with. There were lots of other things that were discussed today, but I don't really think that this is the time to go into all of them. The rest of the items for discussion are on our agenda as part of our resolutions for tonight. I: REPORTS. None. II. PUBLIC NOTICES. 1 . New York State Department of Environmental Conservation, application of Suffolk County Water Authority to acquire and operate the water district known as Angel Shore operated by the Bayview Water Homeowners Association. The district is located in Bayview, Town of 190 NOVEMBER 1 , 1994 Southold, Suffolk County, New ,York. Comments to be received no later than November 3, 1994. 2. New York State Department of Transportation Notice of Order to reduce the speed limit on Travelers Street between Horton Lane and Youngs Avenue, Southold, to 30 M.P.H. 3. New York State Department of Transportation Notice of Order to establish a "No Stopping-Any Time" restriction on Route 25 at Laurel Post Office between parking area and driveway. 4. Public Notice by Superintendent Raymond L. Jacobs for Fall Leaf and Brush Clean-Up Week. 5. Army Corp of Engineers, New York District,. Notice of public hearings to be held to gather information to assist in the determination of whether to grant the New York State Program General Permit. 6. New York State Department of Environmental Conservation application of North Fork Sanitation to operate a transfer station of construction demolition debris an;d other waste collected at 8475 Cox Lane, Cutchogue,, New York. 'Comments to be received by November 25,' 1994. III . COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1 . 5:00 P.M. on a proposed "Local Law in Relation to Parking at Wilderness Point". V. RESOLUTIONS. SUPERVISOR WICKHAM: ' With that brief introduction, I think we're ready to ,go to the resolutions. This is the opportunity for people in the audience who- would like to address the Board on any matter related to the resolution, that we're about .to take up, and in order to keep ourselves on schedules, since the Board got started late; I actually brought a little timer along to be sure that the Board, and all of us, keep to our schedule. So, I believe it's a five minute opportunity for anyone who would like to address the Board on any one of the resolutions in front of us. Yes, sir? SIDNEY BREESE: My name is ' Sidney Breese, and I live down in the Bayview area, and I wondered what the connection is between this notice of application to acquire the water district known as Angel Shores, and -item #18, resolved that the Town Board approves the amount of almost a million for a bond for roads and improvements for Angel Shores? SUPERVISOR WICKHAM: What was the first reference? SIDNEY BREESE: The first one is says, public notice, notice of application to acquire and operate the water district known as Angel Shores. Is that to be operated by the Town for the benefit of Angel Shores? SUPERVISOR WICKHAM: The question is, is there a linkage between these two? I will have to speak to each of them separately, and then we'll try to figure out if there's a linkage. 'The first one is a notice, which I believe came from the Suffolk County Water Authority. It basically says, that they have agreed to take over for, I believe one dollar, the water supply system currently serving The Cove, which we understand would be expanded to include Angel Shores, at such time as when Angel Shores is built. I understand the Suffolk County Water Authority will finance that out of it's own bonds, and -it's own rates, and all that, and that is in place. You may know that a couple of weeks ago the Board took up the question, whether to endorse that. It was our understanding that the Town Board endorsement was being asked as a prerequisite before the Suffolk County Legislator would act. As it turns out we did not take an action, and the Suffolk County Legislator did. So, that deal appears to be going forward without the 'Town's having to take an action. The bond is a bond in place for the developers of Angel Shores, and has been recommended to the Town from the Planning Board after consulting with the Town Attorney. I don't know, because . I haven't looked at it carefully, but I don't think that included in that bond is provision for public water, because. .. TOWN CLERK TERRY: Yes, there 'is. Ruth, has it. SUPERVISOR WICKHAM: Ruth, would you like to address it? NOVEMBER 1 , 1994 191 COUNCILWOMAN OLIVA: I'll just read it to you. Be it resolved to adopt the Engineering Inspector's report dated August 22nd within the following notation. The cost estimate for the water system has been included in the bond estimate for the subdivision. Be it further resolved to adopt a bond estimate in the amount of $944,049.00, and to recommend same to the Town Board. The bond estimate includes the following: the August 22, 1994 bond estimate prepared by James Richter in the amount of $833,450.00. The bond estimate included in the September 27, 1994 letter from the Suffolk County Water Authority in the amount of $66,499.00, the cost for the tapping fees for the installation of service lines to the water main to the property line. One in. service lines have required at a cost of $900.00 each for the total cost for the 49 lots is $44,100.60. The required administration fee has been calculated on the bond estimated the payer by James Richter. The administration fee is for the total amount of $50,007.00. SUPERVISOR WICKHAM: Is there anyone else who would like to address the Board on any of the resolutions before us tonight? Yes, sir? Mr. Carlin? FRANK CARLIN:- Good afternoon. You know, I've been telling the Board many a year, and at the last Board meeting I had bestowed on me a new name, gadfly, by a local newspaper. You know, I had to look it up in, the dictionary what it means. But, anyway, my name is Frank Carlin. I live in Laurel, a nice place to live, but I think the school taxes are too high. It's a good thing we have the first amendment, freedom of speech. Okay, item #3, used dump truck. I'm glad to see somebody in this town, evidently it's Ray Jacobs, who is trying to save money by buying a used dump truck. That's how you do it. That's how you save money, not going out and buying a brand-new dump truck, worth four times the amount of money. That's the way you save money. I give him credit for that. Number 9, . . SUPERVISOR WICKHAM: Frank, number 9, we've withdrawn for today. FRANK CARLIN: But, I see illegal dumping. We do have illegal dumping. SUPERVISOR WICKHAM: That resolution is off the agenda for tonight. It's not ready. It will be on in some fashion in coming meetings. FRANK CARLIN: Well, I will cover that later on. Item 21, check to cover cost of tickets to the Pocono 500 Race, what are you people doing on that? What are doing, planning on sending me to the race? What is that for? SUPERVISOR WICKHAM: The Recreation Department each year has an annual bus trip to that Pocono 500 race, and it's fully financed by the participants, who go on it, so we have to buy the advance tickets, and then it's paid back by the participants, who go. FRANK CARLIN: You know you wouldn't be pushed for time, if you people would start on time. You start 20 minutes late. Every time you have an afternoon meeting you shouldn't have that problem, unless you start maybe six o'clock in the morning. Number 15, you didn't need that on there. Item 15, that's after the fact, authorize fire department to have a parade on October 31 . That's gone. Halloween already gone. You didn't need that. You could have eliminated that. SUPERVISOR WICKHAM: Thank you, Frank. Is there anyone else who would like to address the Board on any one of the. agenda items before us tonight? (No response.) By my watch it's just about five o'clock. Instead of beginning . with our resolutions, let's begin with the five o'clock public hearing. Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that . a recess be called at this time, 5:00 P.M'., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor. Wickham. This resolution was duly ADOPTED. RECONVENED AT 5:02 P.M. 192 NOVEMBER 1 , 1994 SUPERVISOR WICKHAM: We can begin taking up the resolutions of today's meeting. I .- Moved by Councilwoman Oliva, seconded Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1994 Budget to provide for lease of equipment to Solid Waste Management District and. appropriate debt service for same: Revenues• A2440 Rental of Equipment $ 201,058.00 Appropriations: A9710.6 Serial Bond Principal $ 96,831 .00 A9710.7 Serial Bond Interest 24,811 .00 A9730.6 Bond Anticipation Note Principal 67,000.00 A9730.7 Bond Anticipation Note Interest 12,416.00 1 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. COUNCILWOMAN OLIVA: 1'd just like to say to people, that are wondering, because there's going to be several of these. When they formed the Southold Garbage District they forgot to allow the district to bond, so until we can set up a bonding procedure, we have to lease the equipment to the district until we amend the Code. 2.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the Solid Waste Management District 1994 Budget to appropriate funds for lease agreement between the Town of Southold and Solid Waste Management District (debt service an obligation of the Town): To: SR8160.4 Refuse & Garbage, Contractual Expenses $ 201,058.00 From: SR9710.6 Serial Bond Principal $ 96,831 .00 SR9710.7 Serial Bond Interest 24,811 .00 SR9730.6 Bond Anticipation Note Principal 67,000.00 SR9730.7 Bond Anticipation Note Interest 12,416.00 2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3.- Moved by Councilwoman• Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of one (1) used Dump Truck for the Superintendent of Highways. 3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.- Moved by Supervisor Wickham, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R:E. items: To: Revenues: B2705 Gifts E Donations $ 1,512.25 Appropriations: B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 1,512.25 4•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman ' Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. NOVEMBER 1 , 1994 193 5.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the Southold Town Solid Waste Management District to appropriate additional funds for legal fees relating to the New York State Department of Environmental Conservation settlement: To: SR1420.4 Town Attorney, Contractual Expenses $ 3,300.00 From SR8160.4 Refuse E Garbage, Contractual Expenses $ 3,300.00 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 Councilwoman Oliva, seconded by Justice. Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Whole Town to provide additional appropriation for purchase of a file cabinet. To: A1310.2 Accounting & Finance, Equipment $ 437.00 From A1310.4 Accounting & Finance, Contractual Expenses $ 437.00 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 Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Whole Town to provide additional appropriation for the Southold Town Youth Activities Scholarship Program: To: A7310.4 Youth Bureau, Contractual Expenses $ 4,000.00 From A7310.1 Youth Bureau, Personal Expenses $ 4,000.00 7.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 8.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold Town Attorney .Laury L. Dowd to attend a conference entitled, "The Public Trust Doctrine on Long Island, Public and Private Rights in Coastal Areas", on Thursday, December 15, 1994, at MacArthur Airport, Ronkonkoma, N.Y., and $40.00 registration fee, which includes luncheon and materials, and transportation, using a Town vehicle, shall be a legal charge' to the Town Attorney's 1994 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. SUPERVISOR WICKHAM: Number nine, a resolution pertaining to Inlet Pond County Park, and number ten, authorizing a grant toward the construction of a Historic Marine Railway in Greenport, are being held. 11 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jesse Wilson and Thomas W. Murphy as School Crossing Guards, effective October 21, 1994, at a salary of between $21 .8.4 and $29.48 per day depending upon the location of the school crossing. 11 .- Vote of -tha Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 19 . NOVEMBER 1 , 1994 12.-Moved by Councilman Townsend, 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 and Steve Smith for a Men's Basketball Fall 1994 Recreation Program, at a fee of $20.00 per session; said agreement in accordance with the approval of Town Attorney Laury L. Dowd. 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 Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board .of the Town of Southold hereby authorizes the following 1994 Budget modification to the Solid Waste Management District to appropriate additional funds for legal fees relating to New York State Department of Environmental Conservation settlement: To: ' 9R1420.4 Town Attorney, Contractual Expenses $ 6,600.00 From SR8160.4 Refuse & Garbage, Contractual Expenses $ 6,600.00 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 Supervisor Wickham, 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 a sponsor agreement between the Town and Richard Ditusa, whereby Mr. Ditusa, who has purchased the - vending business of Raymond Gurriere Jr., will place and maintain coin operated vending machines (MEM's, Honey Roasted Peanuts, Western Trail Mix, etc. - excluding any tobacco or any imitations of tobacco products, such as candy cigarettes). in stores, shopping centers and other commercial locations, bearing the name of "Southold Town Senior Services", and he will pay the town a fee of fifty cents (504) per machine per month, said 'moneys to be used for the betterment of the Southold Town Human Resource Center; said agreement is subject to the approval of the Town Attorney. 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 Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use Depot Lane and New Suffolk Road, Cutchogue, for their Halloween Parade on Monday, October 31, 1994, beginning at 6:00 P.M. at the Cutchogue West School, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 15•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16.- Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of JC Sommers Associates Inc., Vernon, Connecticut, to perform the following work with, regard to .the • Fishers Island Wastewater Disposal System: Conduct the field work, office computations, and preparation .and transmittal to the New York State Department of Environmental Conservation and' Suffolk County Department of Health Services, at an upset fee limit of $2,400.00; and be it NOVEMBER 1 , 1994 195 FURTHER RESOLVED that the Town Board accepts the addition proposal of JC Sommers Associates Inc. to assist the Town in completing the renewal of any permits associated with the Discharge Monitoring Report or related to the Fishers Island Sewer District on" a time and material basis according to the fee schedule included in their proposal dated October 17, 1994; the foregoing all in accordance with the approval of the Town Attorney. 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 Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of. the Town of Southold hereby approves the amount of $22,975.00 for a bond for roads and improvements in the minor subdivision. of Conrad Bagenski, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James Richter. " 17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 18.7 Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $944,049.00 fora bond for roads and improvements, including the cost estimate for the water system, .for proposed Major Subdivision of Angel Shores, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James Richter. 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 Councilwoman Oliva, seconded by Councilman Lizewski, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 18th day of October, 1994, a Local Law entitled, "A Local. Law in Relation to Wineries"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports; now therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, November 29, 1994, Southold Town Hall, Main Road, Southold, New York, as time- and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Wineries BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT- The wine industry has been an important component, not Qnly of the agricultural community, but the Town's tourist ind us Ey In recognition of the winery's ability to contribute to the tourist industry, the Town is clearly defining a winery add u sales of wine-related products as an accessory use and allowing for outdoor for-profit events under certain conditions 1. Section 100-31A(4) is hereby added to read as follows: ( Wineries which meet the following_standards- W shall be a lap ce or premises on which wine made from rimaril on Island 7[apes is produced and sold; and fbl shall be on a parcel on which at least ten (10) acres are devoted to vineyard or other Agri ul iral purposes. and which is owned b the winery owner_ ( the winerv�strtcture shall be set back a minimum of one hundred (1= feet from a major road• and shall'obtain site plan ap rp oval 19 6 _' NOVEMBER 1 , 1994 2. Section 100-31 B(13) is hereby deleted in its entirety: Wtnenes-feH4jel"duetiof-t-and-sale—el=wine-Mdueed-fr-efti-gfapes-pritnartly �-iri-tie-vineyar-ds-en-wi�ieh-such-wit�et�+-is-leea{ed. 3. Section 100-31B(14) and (15) are hereby changed to (13) and (14) respectively: 4. Section 100-31 C(1 1) is added to read as follows: (11 Wine�nay have an a essory gift shop on the premises which may sell items aQcessQg, to wine such as corks r ws, win gl ss s decanters, items for the storag"ad display of wine hooks on winemaking and the region and DQGSPQcirlc items hearing h in ignia of th wintery Wineri s may not hays, coninier ial Undien as an ac .ssoi)!use bUt may have anon-commer .i I kitchen fa ili y for pflVate�lls 5. Section 100-30A.2A(1) is amended to read as tbllows: (1) Same as Section 100-31 A of the Agricultural-Conservation District except that wineries are ex 1 ,ded. 6. Section' 100-42B(4) is deleted as follows: (4) WtljCfies-awe{-forth-and�egulatcd-by Sc�e{tOn�-0O��$f 133 of-t�je •A�rieulfi-ural--C�nser�a{ion-Dist-rieE 7. Section.100-61 A(1) is hereby amended to read as follows: (1) Any permitted use set forth in and as regulated by Section 100-3 lA of the Agricultural-Conservation District except that wineries are ex I udeL 8. Section 100-71B(6) is hereby deleted as follows: (6) Wineries- 9. Section 100-71 B(7) is hereby changed to (6). 10. Section 100-81A is hereby amended to'read as follows: A. Permitted uses. (1) Any.permitted use as set forth in and regulated by Section 100-31 A of the Agricultural-Conservation District except wineries which shall be as sit forth � low• (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a).Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1.] Antique, art and craft shops and galleries. [2] Custom workshops and machine shops. [3 1.J Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does.not obstruct pedestrian flow or vehicular traffic and does not OCCUr Within three (3),feet of the property line. NOVEMBER 1 , 1994 197 [111 Librarics or museums. (b) Professional and business offices. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (0 Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. Wineries whi h m et the fnllnuiing standards- Lam [L] shalLfzefarnl��ae�1ic�nsed�ttLder New York St�t�aw from which wine made from pdmarily Long1slandrr^nes is produced and sold. and shall obtain site plan approval_-a . ] shall have retaiL ak�Sa.-site, 11. Section 106-81B(I) is hereby amended to read as follows: (1) Any special exception use as set forth in and regulated by.Section 100-31 B of the Agricultural-Conservation District;-exee -nefles--af-e-no"ifii�d l3e-fii-e@fl flee�14 f3-t�+t�14�-�ifley&fd. 12. Section 100-81 C(1) is hereby amended to read as follows: (1) Any accessory use as set forth in and regulated by Section 100-3 I C(1) through (8) and-"11 of the Agricultural-Conservation District, and subject to the conditions set forth in Section 100-33 thereof. 13. Section 100-91 B(10) is hereby deleted as follows: (40) Wineries. 14. Section 100-101 A(1 1) is hereby added to read as follows: (14 Wineries which m eLthe following criards: (.a) shat lee,Lf1rm winery licer�s .d under Ncw York Stale law from whiff wine inad from rirnaril n Islqad_gra eS�is ,r)rodLLo,Band sold._ nn M. S-11a ctbL in i I<1�ta2proval. n 19 V NOVEMBER 1 , 1994 15. Section 100-101 C(1) i:; hereby amended to read as follows: (1) Accessory uses set forth in and as regulated by Section 100-31 C(l) through (8) and (jam of the Agricultural-Conservation, District, subject to the conditions set forth in Section 100-33 thereof. 16. Section 100-131 A(6) is hereby ate.to read as follows: C Win ies as regulated by Section 100-101A(1 ]1_ 17. Section 100-131 B(14) is hereby deleted as follows: (4-4) NVineries. 18. Section 100-141A(3) is hereby added as follows: J Wineries as regulated by Section.100-1QJ-U 1)_ 19. Section 100-141B(3) is hereby deleted as follows: . (3j VFinefies. 20. Section 100-274G (Fees) is hereby ad.d-Qd to read as follows: For aoplications for public entertainment and special event r i _tlic fee shall be fif3y dollars ($50 00 11. This Local Law shall take effect upon its filing with the Secretary of State. * Strikethrough indicates deletion. ** Underline indicates addition. 19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 20.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to 'execute and submit the 1995 Division for Youth Program Application to the Suffolk County Youth Bureau for 1995 funding - anticipated to bey $12,100 for the Recreation Department. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman .Townsend, Councilwoman . Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of' the Town of Southold hereby authorizes- an advance fee check in the amount of $2,280 (47 tickets at $60.00 each) for the June 11, 1995 Pocono 500 Race; check made payable to Pocono Raceway; charge made to A7320.4 Joint Youth, Contractual Expenses. COUNCILMAN TOWNSEND: This is a amount that will be reimbursed to the Town. 21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. NOVEMBER 1 , 1994 199 22.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of. Southold hereby authorizes and directs the Town Clerk to advertise for Requests for Proposals to obtain the services of consultants for assist the Town in the preparation of a Harbor Management Study, and a Coastal Erosion Shoreline Study; said RFP's to be subject to the approval of the Town Attorney. 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 Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, Certified Real Estate Appraiser, at a fee not to exceed $750.00, to conduct an appraisal on behalf of the Land Preservation Committee, on the property of Sue Hanauer/Joan Bagley, 1 .89 acres, located at 2105 Lighthouse Road, Southold, N.Y., SCTM#1000-50-6-5.7. 23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 24.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Chairman Scott A. Russell and Assessor Darline J. Duffy to attend a course entitled, "Farm Appraisal", from October 31, 1994 through November 4, 1994, at Riverhead, N.Y., and the necessary expenses for meals, and transportation, using a Town vehicle, shall be a legal charge entitled, "Farm Appraisal", from October 31, 1994 through November 4, 1994, at Riverhead, N.Y., and the necessary expenses for meals, and transportation, using a Town vehicle, shall be a legal charge to the Assessor's 1994 Budget. 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, ' Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 25.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator James Bunchuck to attend the Six Annual Recycling Conference, sponsored by the New York State Department of Environmental Conservation, at Syracuse, N.Y., on November 1 and 2, 1994, and the necessary expenses for meals, lodging, registration in the amount of $115.00, and transportation, using a Town vehicle, shall be a legal charge to the Solid Waste Management District's 1994 Budget. 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 Supervisor Wickham, WHEREAS, the Town Board of the Town of Southold, on the 18th day of October, 1994, created a Southold Town Activities Scholarship Program, and allocated $5,000 for the scholarship program; and WHEREAS, the Town Board resolved that before implementation of the scholarship program guidelines shall be established and subject to their approval; now, therefore, be it RESOLVED that the following guidelines are hereby established for participation in the Southold Town Recreation Activities Scholarship Program: 1 . An applicant shall have a family income no greater than that designated as "Low Income" under the HUD Section 8 guidelines. 2. The program shall be administered by the Southold Town Recreation Supervisor, and reviewed monthly by the Southold Town Youth Support Committee. 26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 200 NOVEMBER 1 , 1994 27.- Moved Councilwoman Oliva, seconded by Justice Evans, WHEREAS, the franchise agreement between the Town of Southold and Cablevision System Corp. expires on May 22, ' 1995; and WHEREAS, the Town Board wishes to carefully examine the provisions and conditions of the existing and any proposed franchise; now, therefore, be it RESOLVED that the Town Board hereby creates a Cablevision Advisory Committee, consisting of five (5) members; and be it FURTHER RESOLVED that the Town Board hereby authorizes and directs the Town Clerk to advertise for resumes for membership of said Cablevision Advisory -Committee. 27.-Vote of the. Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman 'Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 28.- Moved by Supervisor Wickham, • seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $300.00 to Fagan Engineers for review and revisions to the specifications for clean-up and restoration of the Fishers Island Metal Dump. 28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 1, 1994, AUTHORIZING THE ACQUISITION OF MACHINERY AND APPARATUS FOR LEASE TO AND USE BY THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $335,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE AMOUNT OF $30,000 TO BE RECEIVED AS AN ALLOWANCE ON THE TRADE-IN OF MACHINERY AND APPARATUS CURRENTLY OWNED BY THE TOWN TO BE APPLIED TOWARDS THE COST THEREOF, AND AUTHORIZING THE ISSUANCE OF $305,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION. THE TOWN BOARD OF, THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK HEREBY RESOLVED (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in ,the County of . Suffolk, New York (herein called "Town" ) , is hereby authorized to acquire machinery and apparatus to be leased to and used by. the Southold Solid Waste Management District at the solid waste facility in Cutchogue, in said District, for maintaining, constructing, reconstructing and repairing same, including: (a) a payloader, at the estimated maximum cost of $255, 000 and (b) a truck tractor, at the estimated maximum cost of• $80, 000 . The estimated total cost thereof, including preliminary costs and costs incidental thereto and to. the financing thereof, is $335, 000 and, said amount is hereby appropriated therefor, including the amount of approximately $30, 000 expected to be received as an allowance on the trade-in of- existing machinery and apparatus currently owned by the Town towards the cost of the payloader, as referred to in Section 1 (a) , hereof . The plan of NOVEMBER 1 , 1994 201 a financing includes the issuance of $305, 000 serial bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2 . Serial bonds of the Town ;in the principal amount of $305, 000 are hereby authorized to. be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law" ) , to finance the balance of said appropriation. Section 3 . The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose for which said serial bonds authorized i pursuant .to this resolution are to be issued, within the limitations of Section 11. 00 a. 28 . of the Law, is fifteen (15) years; however, said bonds and any bond anticipation notes issued in anticipation of the sale thereof shall mature no later than five (5) years from the date of the original issuance of said bonds or notes . (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section, 1 . 150-2 of the United States Treasury Department . (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years . Section 4 . Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52 . 00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general 202 NOVEMBER 1 , 1994 obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount . The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and- redemption of the bonds and any notes in anticipation thereof. to ;mature in such year and (b) the payment of interest to be ,due ;and payable in such year. Section 5 . Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21 . 00 relative to the authorization of the issuance of bonds with i substantially level or declining annual debt . service and of Section 30 . 00. relative to the authorization: of the issuance of bond anticipation notes and of Section 50 . 00 and Sections 56 . 00 to 60 . 00 of the Law, the powers and dutles of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6 . The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if : (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations -are authorized in violation of the provisions of the 'constitution. NOVEMBER 1 , 1994 203 Section 7. This bond resolutions shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by Section 81 .00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, each of said newspapers having a general circulation in the Town and each hereby designated the official newspaper of said Town for such publication. 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 Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the following 1995 Community Development Budget,: and authorizes and directs Supervisor Thomas Wickham to execute the Project Description forms for same: Home Improvement Program $ 90.000.00 North Fork Housing Alliance Housing Counseling Program $ 20,000.00 Clinton Memorial Day Care Program $ 10,000.00 Administration 4 15,000.00 Family Self-Sufficiency Program $ 10,000.00 Housing Assistance Program $ 18,000.00 Total Budget $163,000.00 The following are Competitive Grants Programs: Peconic Lane Park Improvements $ 70,000.00 North Fork Women's Resource Center $ 12,500.00 Neighborhood Training Center $ 20,000.00 30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No: Councilwoman Hussie This resolution was duly ADOPTED. 31 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 18th day 'of October, 1994, a Local Law entitled, "A Local Law in Relation to Parking at Wilderness Point"; and WHEREAS, a public hearing was held on this Local Law on the 1st day of November, 1994, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED - that the Board hereby enacts Local Law No. 24 - 1994, . which reads as follows: LOCAL LAW NO. 24 - 1994 A Local Law 'in Relation to Parking at Wilderness Point BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking at Beaches) of the Code of the Town of Southold is hereby amended to read as follows: 1 . Section 65-3.1 (A) is hereby amended as follows: A. The use of Race Point art& WHdernes-s -Point as a recreational areas area on Fishers Island by persons other than residents has increased to such an extent that such areas gave area has become overcrowded with the-result that residents are denied the use thereof. The Town Board therefore declares it to be policy of the Town of Southold 204 NOVEMBER 1 , 1994 to restrict and regulate the parking of vehicles at Race Point, located at the southwesternmost tip of Fishers Island, -and WiFderness-Point to- the -east. II . This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates addition ** Strikethrough indicates deletion 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 Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold here by engages the services of Anthony Tohill as Special Counsel to the Town in the matter of the Jem Realty Co. lawsuit, at a fee- not to exceed $135.00 per hour. 32.-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 the agenda of resolutions to be taken up this afternoon, and th'e floor is now open- to members of the audience to address the Board on any matter ,bf their concern with a time period. of five minutes per person. PHILIP VANBOURGONDIEN: My name is Phil! VanBourgondien. I live in Southold. I just have a couple of. observations, that I would like to bring to your attention. I caution you -to be very, every careful in dealings with the Suffolk County Water Authority. I personally have been involved with them in the past many years ago. Once they get their foot in the door, they'll trample all over you. They are a very; every powerful organization. They answer to nobody in the County. The nearest people I can compare them with would be the DEC, who is answerable to nobody, except Cuomo, who elected them. That's all I have to say ;about Suffolk County Water Authority. I'd like to compliment the Town 11 Board, and Councilwoman Hussie, particularly, for further research .into alternate power. I think that this business about LILCO is ridiculous. What's going on right -now is just a political thing with Cuomo, and LILCO needs competition, and if we have a way of having power railed in to our town over their lines, it will cost so much less, and I compliment you, and I think we should continue to research alternate means. What LIILCO needs is competition. To be taken over by a public agency will not save us a penny. My last observation is, I can not understand why more taxpayers do not show more interest in the cost of the government, of our local government budgets. Granted school taxes, two-thirds of our tax bill, runs anywhere from 60 to 650, and so that is by far the , biggest item, but there is still room to inquire as - to ways and means to reduce the cost of operating town government; police, fire, highway, and park districts, and I just can not understand, .we scream at the- school board after they tell us that they're going to whack us with a big increase, but nobody seems to be concerned with the other one-third of our tax bill, which is local government, most of it. Thank you. SUPERVISOR WICKHAM: Thank you, Phil. I'd like to just comment briefly on the last point. The Town Board did adopt a Preliminary Budget last Friday, and has set a date for a pubic hearing; at which 'all of the public in the Town of. Southold is welcome to come, and address, the Board. The time is 3:00 o'clock, and 7:00 o'clock on the 10th of November of this year to. address the .Board on the Budget that has been tentatively put forward. Anyone else like to address the Board? il DAVID CORWIN: My name is David Corwin, and first I'd like to address you concerning the Community Development Block Grant .Program, and Parks in general. I had come into that public hearing,! and asked you to put aside some money for parks in Greenpor,t. You were unable to do it this. I hope you can put that on your list, and do it next year. It's my understanding that there's a large surplus of money in any 'account for acquisition and construction of parks, that hasn't been spent. 11 would suggest the Town needs a master plan for parks, because if we don't get started on it now, i NOVEMBER 1 , 1994 205 all of sudden you're going to look around, everything :is going to be built up, and you're going to say, gee, we should have, built some parks ten, twenty years ago. Specifically, I'd like to see you . acquire some land in Greenport to build a park there. They have some facilities. The only facilities in' Greenport are Klipp Park.- The County or the State spent a lot of money improving that park. The Town didn't spend a lot of money down there. The Village maintains the Polo Grounds down there, which people inside the Village and outside the Village use. They're all welcome to use it, but 1 would like to see the Town help the Village maintain the Polo Grounds, and I would like to see you acgwire some land around Creenport, and build a park there. You could have tennis courts, ball fields, things like that, because most of your , road in Southold Town, because of water system, and sewer system in Greenport,' is concentrated, is slated for the greater area of Greenport, and I` think to slight Greenport, and not plan now for parks there is the wrong thing to do. So, I ask you, please, try to get started on at least a master plan for parks, if you could. The other thing I'd like to. address you on is, the November 15th vote for the Police in Greenport. That's going :to have an effect, or may have an effect, depending on the outcome, of the people Inside the Village of Greenport, and possibly the people outside the Village of Greenport. Government is designed to go slow on purpose, - and I think that's a good idea. You, gentleman, you ladies and gentlemen; have been. You spent the last ten months, you've been- studying signs, you've. been studying a lot of other things, and you haven't made decisions on them yet. This particular project eliminating the Police in Greenport has gone faster than anything I've ever seen. I'm not sure why. I have some ideas of my own why that has moved so fast, but I don't think there's been enough dialogue on that subject. As I spoke to •you about the Town !study 'a couple of times, and other people have mentioned, and Supervisor Wickham said, it was a preliminary study. No question about that, you didn't say that was a final study. Everybody on the Board basically said that- Greenport is going to get substantially less protection than they have :now, and let me give you my scenario for what's going to happen, if the Greenport Police Department is eliminated on November 15th. The Town Board is going to go ahead, hire two new Police Officers. The Chief of Police of the Town says you need three, or four, already, and the Town'- will (Tape change.) You don't want ordinary police protection like the rest of the town has, you want extra-ordinary police protection, and then you're going to say, well, you need eight policemen down there, which is what the Chief of Police of Southold Town said, plus a detective. That's twenty-nine policeman, and then you'll. say, oh, you want a sub-station, too. Well, okay, we hired two police officers, we got to hire another seven, that's $700,000.00. We need a sub-station, that's . $50,000.00 a year, plus whatever else. Maybe you have your own scenarios for what happens. I'm sure you're' a little anxious of what's going to happen, because if it is eliminated, there's nothing in the budget to cover police protection inside Greenport until a year from now, so it's going to be a real problem if it's eliminated all of a sudden, and it looks like Mayor Kapell wants to eliminate it as soon as he can. I want to ask you, ladies and gentlemen, tonight, to go on record, and I think you should go on record. You have a study, which you characterize as. a preliminary study. You should all go on record. Is that what you're going to stand behind that study, or does it need some more dialogue? You know what's going to happen, and I ask you all to go on record, and say .exactly what's going to happen, if Greenport eliminates their police department, because I don't see enough information out there for the people of the Village of Greenport to make any decision. Thank you. SUPERVISOR WICKHAM: Are there other people in the audience who would like to address the Board on any matter of your interest. Yes, sir? FRANK CARLIN: Frank Carlin, Laurel. On October 15th on a Saturday in Mattituck there was, I imagine, about thirty women, with orange safety vests on, walking along both sides of the highway up as far as Krieger's. Well Drivers. They were picking up garbage, or whatever was on the side of the road, debris, whatever. Then there .were bags. They collected about ten to twelve large plastics bags, and they were stacking them by the pole by Krieger's Well Driver Company there. I think there were more on the other side, too, on the south side. I'm not sure. I rode by there Sunday, and they were still there. Now, the bomb I'm going to drop now, not atom bomb, is these bags were orange bags. Can anyone tell 206 NOVEMBER 1 , 1994 me on this Town Board, how did those orange bags get processed in this town, when we require yellow bags? You don't know. SUPERVISOR WICKHAM: We don't know the. details of that particular transaction, Frank, but there is a legal means by which municipal solid waste can be brought into our landfill over the scales, ' and it's paid for on a per pound basis in going over the scales. If people elect to bring it that way with a vehicle that is duly permitted, as having a sticker. That's a perfectly legitimate way to bring municipal solid waste into our landfill, pay on a per pound basis. FRANK CARLIN: You didn't how, in this particular case, how this was disposed of? SUPERVISOR WICKHAM: I don't know. FRANK CARLIN: I didn't expect you to know. What I'm to prove here is, that we really don't have 100% control on these ; yellow bags, on this yellow bag system. SUPERVISOR WICKHAM: Roughly half of the garbage that comes into our landfill comes in yellow bags, and roughly half of,.. it comes in over the scales. FRANK CARLIN: You're not telling the people the. .whole facts about this yellow bag system. You want to blow it up to think it's terrific. It's not terrific. It's not terrific. It's not as great as if. seems, Tom. Let's be practical. You said in 'the local newspaper, !that if Southold continues to be a reasonable clean town as far as illegal clumping goes. Mr. Bunchuck says that it 'is noticeable increase in illegal dumping, and he said it right in the paper. Who's right or wrong here? : Now, let's take it back to March. This is going way back in March. We're going to be dumping in Laurel, March 10th, dumping in Creenport, Ninth Street, March 17th, East . Marion, Police received two, three reports of illegal dumping in the past five days. That was March 24th. I'm. going back March 24th. haven't .took anything up from there, so we 'don't want paint, you and Mr. Bunchuck, whatever you done there, paint the. picture to the people that this yellow bag system is super. It is not super in my opinion. There are a lot of errors, and it's not a handle on it, like you think it is, and I, also, would say, that I can't understand why this Board doesn't want to, at least, take some kind of interest in getting involved with the OMNI Study in Riverhead on composting. I don't understand why you don't want to get involved, at least find out about it, instead of fooling around with this yellow bag system. Item number 2, Farmland Preservation, proposition number one, we'll be voting on November 8th. That's fine for a certain group of people, farmers. Not all farmers are farmers. They rent the farm, so that's great, but not for everybody, and I understand if that gets past, that is going to cost the taxpayers of about $12.00 a year on their taxes. It might be less. It might be more. Rather than see that pass, that we up the senior citizens' tax exemption from $16,000.00 to $21,000..00 a year, and give them a break for a change, which would probably cost about $1 .20 per thousand, or roughly that amount of money. I'd rather see the senior citizens get a break than this here proposition, because are the backbone, and they helped make this town what it is. SUPERVISOR WICKHAM: They're very important people. FRANK CARLIN: They're very important people. They worked to make this town what it is, and I think they deserve a break. If that gets passed, and we're going to spend $12.00 to increase our taxes, I think they could take $12.00 to increase their taxes to $41,000.00. I'm not done yet. Forget the clock. I'm not rushing, and another thing is, I hope that all they work for, the senior citizens in this town, all they work for, and do, I hope that 'the direction this Board is going, in my opinion, I hope it Isn't going to be taken away little by little, and I want to say one more NOVEMBER 1 , 1994 207 thing, as a compliment to Councilwoman Hussite. I'd , like to congratulate her on the ideas of how she would get the budget down. All the items she mentioned in getting the budget down, I think are right on target, and I give her credit for. that. She's using my three step formula. Two step, three formula, I mentioned it in the local newspaper about a month ago, common sense, and good reasoning, and I give you credit, Councilwoman Hussie, you were right on the target. I agree with every one of them. SUPERVISOR WICKHAM: Thank you, Frank. Is there anyone else who would like to address the Board in five minutes, or less a piece? (No response.) If not, I'd like to turn to the members ,of the Board who might like to let their views be known. ` COUNCILMAN TOWNSEND: I'd like to address the comment, that Mr. Carlin made about the bond issue for the preservation of farmland. Many of those senior citizens, that came out here, came out here because of the rural quality. A lot of them didn't live here all their lives. A lot of them made money on farming. Most of them stay ; here because of the environment, which is open, and largely it is open because of the industry of farming. 'Many years ago we put on the first of what we hope will be three bond issues to buy development rights of farming. That first bond issue, and I didn't get the file figures from John Cushman, it's over two-thirds, it was about ten years ago, it's over two-thirds paid. So, that and the tax, the cost of that issue initially was a lot higher than what we're expecting it to be this time. I think it's a good investment for the future of Southold Town. Open space tends to i keep taxes down. We'll gain more, in my opinion, by preserving this land, -than we would if we had some sort of multi-housing .development on those fields for a variety of reasons, cost of services, and so forth. The figure you gave of $12.00 to the average tax bill in a little high. I think the figures that I've seen are $7.00 to $11 .00, somewhere in there. Anyway, that's why I personally endorse that bond issue. SUPERVISOR WICKHAM: Would anyone else on the Board? FRANK CARLIN: I have a right to respond to it. This is great. I like debates. SUPERVISOR WICKHAM: Not a debate, Frank. You have the opportunity to make a comment. Co right ahead. FRANK CARLIN: I withdraw that statement. A comment then, okay? I read in the newspaper a while back. There was a senior citizen in that newspaper in there, and she lost her husband. She was getting $338.00 Social Security, and her husband's pension was only $100.00. She was living on $438.00 a month, Joe. This is what I'm talking about, . when I'm trying to look out for the senior citizens in this town. There are a lot of them here, that live on minimum fixed income, that .could use that extra money. Another thing is when you issue a bond issue, it's fine to issue a bond issue, Joe, but it's got to be paid back by the principal and the interest, and who pays it back, but the taxpayers pay it back. So, no matter what you borrow, it's always got to be paid back. What you borrow, you got to pay it back. SUPERVISOR WICKHAM: Thank you, Mr. Carlin. COUNCILMAN TOWNSEND: It's a referendum. We're not issuing a bond. It's a referendum. The people are going to vote on this. The average age in this town is something near 50 years old, almost senior citizens. So, what that means to me is the majority of the senior citizens are going to get to vote on this. FRANK CARLIN: Thirty-seven percent in this town are senior citizens. SUPERVISOR WICKHAM: I have a just a couple of comments I'd like to make. First of all, I had a very interesting meeting today, apropos to the question that Mr. VanBourgondien raised about the electric utility. As you know the Town of Southold was faced with an opportunity to finance a study specific to Southold Town. I met with other towns on Eastern Long Island, and in the process got five East End Towns together, to undertake the study that is currently before the Town. That study would cost about 208 NOVEMBER 1 , 1994 study that is currently before the Town. That study would cost about $4,500, as opposed to some $20,000. We did this in concert with Southampton, which is pretty far along the road . towards a study for a municipal electric utility. In view of the developments in which the New York Power Authority, and the Long Island Power Authority, would take on the duties and ownership of the Long Island Lighting Company's assets here on the Island. The meeting was scheduled this morning in Riverhead at which all five East End Supervisors participated, and to speak with the president of the New York Power Authority, and the Executive Director of the Long Island Power Authority, to get a little elearer idea as to what this proposal really means for Long Island, and specifically for the Five Towns out here. As you all know it is a political ' season, and there's no question that the Governor's proposal of a couple of weeks ago now is timed carefully in reservation to Election Day. However', several points were made at this meeting, that I would just like to throw out, and let people understand, as I understood them, and we may -all be surprised. What I'm trying to relate, or what was told to me at a meeting, and I suppose it's fact. I have no reason to doubt it. A couple of things., first, there's the proposed purchase of the lighting company would' not: be undertaken by the New York State government, and the bonding,. and the indebtedness, and the cost of that, would not be borne by the taxpayers of the State. Rather the acquisition would be made by the Long Island Power Authority, and it would be guaranteed in bonds denominated through revenues, not through taxes. The second comment is that the operation of. the utility, if it were acquired by the Long Island Power Authority, it would be operated by the New York Power Authority, NYPA, and they,' believe that they can make significant reduction in the costs, the rates, that the Long Island Lighting Company has charged up until now. In a brief discussion about it here, and also in Riverhead, we thought we will Mold in advance our initiative here in 'the five East End Towns, until it's clear whom we will be dealing with, whether it's the Long Island Lighting Company, or whether it will be NYPA, or LIPA. The general consensus of the .meeting this morning was that there is still a significant role to be played . by five municipalities on Eastern Long Island, who wish to play a more active role in keeping the costs of electricity down. I don't think the final chapter has been written to this story yet, and I think there will be more initiative taken in somewhat different direction from that, which the Town has embarked upon before. I'd also like to make a very' brief. comment to say that, I have briefed -the Board in previous meetings about an interest which the YMCA has had in establishing a unit here in the Town of Southold. They're undertaking a feasibility study for such an operation here in the town, and they came back to visit with me a few days ago to say that things look quite promising, but it's going to take a significant amount of local fund raising for property, and for a facility, which they, in turn, would be interested in managing and maintaining. They have not yet appeared before the Town Board. I've tried to arrange a meeting at the next one, if they will, but I think you may hear more about the plans for a YMCA somewhere in the Town of Southold to help meet the needs, the recreation needs, not only of younger people, but also older people, professionally managed. I think it would be a significant asset to the Town, and I look forward to they're being with the Board at a subsequent meeting. COUNCILWOMAN HUSSIE: I have, now, something to say, since you brought up the business about the electric company. A month ago the Board authorized the Supervisor to sign a contract with ENTEK to look into the feasibility of breaking away from LILCO. That contract was not signed, and although there was some talk this morning, or this afternoon, about signing that contract, we never really came up with anything. This ploy by NYPA LIPA, which I'm considering it a ploy, is just to derail the Five Town's resolve on getting something done to break away from LILCO. I'm quite disappointed. I wasn't asked directly. If anybody had asked me, do I want the Supervisor to sign the contract, I would have said, yes, but that subject never came up. - We are not out of the woods yet. I think if we're going to leave this to another Authority, we're just hiding our heads in the sand, and hoping that somebody else is going to take care of our problems for us. It's .never going to happen. In the first place, the number that is quoted, $9,000,000,000, is only part of- it. It has not taken into consideration $7,000,000,000 worth of retirement; benefits, and all of that sort of stuff. So, I thought I would bring that up, so we don't feel too good too soon. NOVEMBER 1 , 1994 209 SUPERVISOR WICKHr;,M: Thank you, Alice. Do I see, someone else in the audience, who would like to address the Board in five minutes or less? TOM SAMUELS: Tom Samuels from Cutchogue. The response of the Five East End Supervisors to Kessel's meeting today, you have to remember that the reason our LILCO are what they are is the government's action in the Shoreham matter, where LILCO stockholders were paid a premium to sell the plant for a buck, and with the subsequent rate increases that we've received. That's one thing, and the other thing that is amazing is that there is so much confidence in a government entity when running this utility, or perceived. I don't so that this criticism of the announcement that this was going to be done, and it was only going to cost $9,000,000,000 is remarkable. There's almost universal recognition of why this matter came up. It's amazing that you're willing to forestall your,-':study. .,, . Why not perceive on the course at the same time. The dollars are- insignificant given the potential benefits. We've got to get- our economy here back on step. We're seeing bad times, tough times. The Town should move ahead, the Five East End towns should move ahead, and I will speak to the other four Supervisors, but it has to go forward. This is a serious thing. LILCO rates have driven a great business off Long Island, and' they're certainly impacting us out here for those of us who are borderline to start with. So, let's move forward with our own scheme.. We have nothing to lose. Thank you. SUPERVISOR WICKHAM: Is there anyone else who would like to address the Board? (No response.) Hearing none, I'm open:to a motion to adjourn. Judith Terry�SG� Southold Town Clerk