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HomeMy WebLinkAboutTB-11/27/1990SOUTHOLD TOWN BOARD 2O9 NOVEMBER 27, 1990 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry, Town Attorney Harvey A. Arnoff (12:20 p.m.). Absent: Councilman Thomas H. Wickham (out of town). 9:40 A.M. - Robert Arner, East End Recycling Association, met with the Board to review his suggestions to meeting recycling requirements through public education, market development, and incentives. He addressed waste reduction through reduction at the source: point of purchase education, commercial recycling, institutional recycling, new construction, procuring recycled materials, ban the disposing of recycling materials, small quantity generators hazardous waste reporting. Mr. Arner suggested that the Town Board might wish to consider a materials swap which would develop opportunities to maximize recycling. 10:15 'A.M. Insurance Consultant William F. Mullen, Jr. and Principal Account Clerk John Cushman met with the Town Board to discuss renewal of insurance policies as of the first of the year. He is cited a savings of $350,000 between 1989-1990 on health insurance, and will be working with Lawrence Healthcare to arrive at a reasonable premium for 1991. On the snow vehicles he is worked out a plan whereby the Town will only be charged for insurance for the days of use. Mr. Mullen said he is accepting proposals by December 4th for the 1991 Town insurance coverage. 10:40 A.M. - James Richter, Engineering Inspector, met with the Board to submit his preliminary cost estimate and interior layout for the proposed Nutrition Center in the Baxter building at the corner of Route 25 and Elijahs Lane, Mattituck. (Glenn Moeller, Director of the North Fork Early Learning Center, was also in attendance). The building layout provides space for the learning center. Mr. Moeller said there has become available increased funds for day care programs, and the monies could be used toward renovation of the building. The Town Board all agreed to move ahead with negotiations for purchase of the building from Mr. Baxter. 11:00 A.M. - Assistant Town Attorney Kiernan presented a draft of a proposed "Local Law in Relation to Recycling" which would become part of the Garbage, Rubbish and Refuse Ordinance. The proposal will be referred to the Solid Waste Task Force and the Recycling Committee. EXECUTIVE SESSION 11:05 A.M. - On motion of Councilman Penny, seconded by Justice Edwards, it was Resolved that the Town Board enter into Executive Session. Vote of the Town Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson.---The Town Board met with Riverhead Town Deputy Supervisor Monique Gablenz and Councilwoman Denise Civiletti to discuss possible litigation with respect to the 1983 Landfill Law. 12:15 P.M. For Discussion Items: (1) See 11:00 A.M. Local Law on Recycling to be referred to the Task Force and Recycling Committee. (2) Memorandum from Community Development Administrator McMahon with respect to a letter from Bessie E. Swann, Executive Director of the Nor[h Forl< Housing Alliance, Inc. requesting ..... conveyance of two lots - one on Flint Street, Greenport, and one on Walnut Street, Mattituck, to the Alliance for development of' three affordable housing units.--Mr. McMahon stepped into the meeting to explain to the Board that the Farmers Home Administration will give 100% financing for the lots and .the construction. Questions were raised concerning the size of the lots and public water. The Town Attorney was asked to discuss the request from Mrs. Swann with Edward Reale, Attorney for the NFHA and report back to the Board. 12:40 P.M. - Recess for lunch. 2:15 Work Session reconvened. For Discussion Items (continued): (3) SEQRA process with respect to the application of Robert Pfluger for a Refuse Disposal Site Permit. Town Clerk was ask to contact the Planning Board to determine whether they wished to be Co-Lead Agency with the Town Board. (4) Applicants for the newly created Youth Board. Interviews will be conducted on December 5th and 6th. (5) 2 1 0_ NOVEMBER 27, .1990 Water Study for Fishers Island. County Legislature was to vote today on allocation of funds. (6) Bid of B.P. Wreckers, Ltd. to remove scrap newspaper for fiscal year 1991 (see resolution no. 19). (7) Letter from John M. DiVello, Mattituck Sanitation, requesting the Town Board to pass a resolution "that in order to attain a commercial solid waste permit in the Town of Southold, an applicant must show proof of income, with a minimum of about $8,000 to $10,000 per month income deriving from sanitation service accounts in the Town of Southold". The Town Attorney with research the question and respond to Mr. DiVello. (8) Board decided to hold last meeting of the year on December 28th at 2:00 P.M. (9) Bond resolution authorizing preparation of a Hydrologic Investigative Work Plan for the Landfill (see resolution no. 20). (10)&(11) Authorize Town Clerk to advertise for bids for Laboratory Analytical Services for the Landfill, and Well Drilling Services for the Landfill (see resolutions 21 & 22). (12) Proposed "Local Law in Relation to Accessory Building Setbacks" (see resolutions 23 & 24). (13) Refund granted to Henry B. Faucon for variance application fee (see resolution no. 25). (14) Proposed amendments to the Highway Specifications (see resolution no. 26). (15) Discussed purchase of the William Jarosz property - a right- of-way off of Soundview Avenue, Southold, where one of the affordable housing projects is located (see resolution no. 27 authorizing the purchase). (16), Councilwoman Oliva reported on the Planning & Zoning Committee meeting on behalf of Councilman Wickham (a) prefer Architectural Advisory Committee, (b) decided it would be best to analyze strip business areas throughout the Town, not just Mattituck area, and the NFEC agrees with them; (c) management of the Baxter Ft. Corchaug property. (17) Councilwoman Latson asked that a resolution be placed on the agenda (no. 28) in support of the Town Trustees' position in opposing the 1991 County Budget cut for dredging. EXECUTIVE SESSION 4:00 P.M. On motion of Councilwoman Oliva, seconded by Councilwoman Latson, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson.---The Town Board discussed personnel, litigation, contract negotiations. 5:35 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, November 27, 1990, at the Southold Town Hall, Main Road, Southold, New York. Deputy Supervisor Penny opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Absent: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L. Harris Councilman Thomas H. Wickham DEPUTY SUPERVISOR PENNY: You may notice that there is very few of us up here tonight. Councilman Tom Wickham is overseas, and Scott Harris, the Super- visor, is home with a plumbing emergency, so he has to be excused this evening. I'd like a resolution for the audit of the bills of November 27, 1990. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was. RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $126,349.86; General Fund Part Town bills in the amount of $29,492.50; Nutrition Fund bills in the amount of $4,692.93; Adult Day Care bills in the amount of $148.24; Home Aide Program bills in the amount of $140.40; SNAP Program bills in the amount of $509.77; EISEP Program bills in the amount of $104.00; Community Development Fund bills in the amount of $310.00; Highway Fund Whole Town bills in the amount of $61,037.22; Highway Fund Part Town bills in the amount of $3,597.60; CHIPS (Highway Part Town) bills in the amount of $109,958.12; Landfill Sand Capital Fund bills in the amount of $7,904.68; Employee Health Benefit Plan bills in the amount of $47,603.17; Fishers Island Ferry District bills in the amount of $22,621.44; West Creek Estates Road Improvement bills in the amount of $1,070.00; Southold Agency & Trust bills in the amount of NOVEMBER 1990 2 1 1 $111.95; Fishers Island Ferry District Agency & Trust bills in the amount of $413.54. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman OIiva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I'd like a vote on the approval of the minutes of the Board meeting of November 13, 1990. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes of the To~vn Board meetinc~ of November 13, 1990, be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: We need an approval of the minutes of a.'Special Board meeting of November 14, 1990. Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the-Special Town Board meeting of November 14, 1990, be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: We need a resolution setting the next meeting date December 11, 1990, at 7:30 P.M. Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the next re.gularly scheduled meeting of the Southold Town Board will be held at 7:30 P.M., on December 11, 1990, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: CouncilwOman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. I. REPORTS. DEPUTY SUPERVISOR PENNY: We have several reports on file in the Town Clerk's Office, from the Board of Trustees, the Planning Board, the Supervisor's Monthly Budget Report, Councilmen's report, if anyone would like to give a report later, and the Supervisor's Report. 1. Southold Town Board of Trustees' Monthly Report for October, 1990. 2. Southold Town Planning Board Monthly Report for October, 1990. 3. Supervisor's Monthly Budget Report for October, 1990. 4. Councilmen's Report. 5. Supervisor's Report. II. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of Completion of Draft EIS and Notice of SEQR Hearing on Management of Shellfish in Uncertified Areas Program, SUNY Stony Brook, December 6, 1990 at 7:00 P.M. and Borough Hall, Brooklyn, New York, Thursday, December 13, 1990, at 7:30 P.M. 2. Metropolitan Transportation Authority (MTA), Notice of Public Hearinq on behalf of the Long Island Rail Road to solicit comments concerning proposal to adjust services, Wednesday, December 5, 1990, 4:00 P.M., Nassau County Board of Supervisors Executive Building, One West Street, 5th Floor Meeting Room, Mineola, New York. III. COMMUNICATIONS. 1. Deborah Weiner, Project Director of the Retired Senior Volunteer Program thanking the town for their on-going support of RSVP, and for interest in RSVP and the seniors of Suffolk County. 2. Lisa Visser, from the CROP Committee thankinq Supervisor Harris for his participation in the 7th Annual CROP Walk for the ~ungry. IV. PUBLIC HEARINGS. DEPUTY SUPERVISOR PENNY: We have a public hearing, which we will adjourn for at 8:00 o'clock. I. 8:00 P.M. on "A Local Law in Relation to Parking Regulations". 2 1 2 NOVEMBER 27, 1990 V, RESOLUTIONS. DEPUTY SUPERVISOR PENNY: Before we go into resolutions, we have policy at scheduled Town Board meeting, the public attending shall be allowed five minutes to address the Town Board in relation to agenda resolutions prior to their enactment. The public will, also, be given time at the conclusion of the regularly scheduled business agenda to address the Town Board on any topic. So, if there's anybody in the audience that would like to address the Town Board on any resolutions, that appear on the agenda, please come forward to one of the mikes, and state your name. (No response.) Hearing none, we ,have a Special Proclamation before we start with the resolutions, honoring Joe Sawicki, who is retiring from the Board of Appeals after many years. Joe was unable to make this meeting, and the next meeting, but he'll be stopping by the Town Hall, and will receive his copy from the Supervisor. Moved by Councilman Penny, seconded by the Entire Town Board, WHEREAS, JOSEPH H. SAWICKI, a most esteemed official of the Town of Southold is retiring from public service on December 1, 1990; and WHEREAS, JOSEPH H. SAWICKI has given generously of his time and talent in his faithful service to the residents of the Town of Southold as a MEMBER OF THE BOARD OF APPEALS since his appointment on September 23, 1980; and WHEREAS, MR. SAWICKI's record of fine service, diligence to duty and dedication to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgement as a member of the Board of Appeals; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to JOSEPH H. SAWICKI for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extends their best wishes for the years ahead; and be it further RESOLVED, that a copy of-this resolution be presented to MR. SAWICKI and entered in the permanent records of this Town Board meeting. DATED: November 27, 1990. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 1.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold on the 26th day of October, 1990, a proposed Local law entitled, "A Local Law in Relation to Zonin9 Application Fees; and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, December 11, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearincj on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Zoning Application Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the-Town of Southold is hereby amended as follows: 1. Section '100-262 (A) (Application; hearing; approval; violations of conditions) is hereby amended to read as follows: A . An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be three hundred dollars ($300.), as set forth in § 100-274. 2. Section 100-274 (Fees) is hereby amended to read as follows: Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures, or accessory buildings containing less than two hundred square feet (200) in floor area, tile fee shah be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial property, containing a single request (for example, an application requesting one variance or an NOVEMBER 27, 1990 213 application reguesting a,~p~e~j~l,~×,ceptior]), the fee shall be three hendred dollaPs' C. For applications containing more than one request, (such as an application requesting an area variance and a width variance), the fee shall be five hundred dollars ($500.). II. This Local Law shall take effect upon its filing with the Secretary of State. 1.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 2.-Moved by Justice Edwards, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 27 - 1990, entitled, "A Local Law in Relation to Sewer Rent" was introduced at a meeting of this Board held on the 10th day of October, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 13th day of November, 1990, at which time all interested persons were given an opportunity- to be heard thereon; new, therefore, be it RESOLVED that Local Law No. 27 - 1990 be enacted as follows: LOCAL LAW NO. 27 - 1990 A Local Law in Relation to Sewer Rent BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1. Section 76-21.A. is hereby amended to read as follows: A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of five hundred dollars ($500.) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of two hundred fifty dollars ($250.) on the first days of January and June of each year. II. This Local Law shall take effect upon its filing with the Secretary of State. 2.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Justice Edwards. No: Councilwoman Latson. This resolution was declared duly LOST. 3.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes and directs the Town Clerk to c~ive written notice to the following individuals/organiza- tions that the Town Board will consider Landmark designation of their house/ buildings at the Board's December 11, 1990 meeting, at 7:30 P.M., at the Southold Town Hall: Robert and Catherine Harper, "Reeve-Wickham House", Mattituck Southold Historical Society: (1) Cleveland-Glover, Frank Gagen Blacksmith Shop. (2) Halleck Currie-Bell House (3) The Pine Neck Barn (4) The Thomas Moore House (5) The Downs Carriage House (6) The Bayview School House (7) The Treasure Exchange (8) Horton Point Lighthouse COUNCILWOMAN LATSON: The Historical Society has done a great job in getting historical buildings preserved in Southoid town. 3.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Penny, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Assessors Scott A. Russell and Darien J. Duffy to Attend an Assessor Training Certification seminar entitled, "Introduction to Appraisal Approaches", at Putnan, New York, on January 7 - 11, 1991, and the use of a Town vehicle, and necessary expenses for registration, rooms, meals and travel shall be a legal expense against the Assessor's 1991 Budget. 4.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 5.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold 'hereby 9rants permission to Assessors Scott A. Russell and Darline J. Duffy to attend an Assessor Training Certification seminar entitled, "Assessment Administration", at Herkimer, New 21 4: NOVEMBER 27, 1990 York, on February 25 through March 1, 1991, and the use of a Town vehicle and necessary expenses for registration, rooms, meals and travel shall be a legal expense against the Assessor's 1991 Budget. 5.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 6.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following amendments to the Cemmunity Development Program Budgets: Current New Proiect Budc~et Increase Decrease Budcjet Cutchogue Free Library FY 13 -0- Home Improvement Special Rehab. for AHP -0- $4,978.50 Elderly Day Care Program $4,000.00 -0- Home Improvement Special Rehab. for AHP -0- $4,000.00 Affordable Housing Program Grant to Subrecipient FY 12 $2,239.06 -0- Home Improvement Special Rehab. for AHP -0- $4,978.50 $4,978.50 -0- -0- $4,978.50 $4,000.00 -0- -0- $4,000.00 $2,239.06 -0- $2,239.06 -0- $2,239.06 COUNCILWOMAN LATSON: No. This came up at the last Town Board meeting, and Jim McMahon put this on. I asked him to provide an explanation of this, put a note in the box, so that we know what we're voting on, and it wasn't provided. I don't know what the repercussions of this vote would be. I don't, and until I'm informed, I will vote no. 6.-Vote of the Town Board: Ayes: Councilwomam Oliva, Councilman Penny, Justice ~-dwards. No: Councilwoman Latson. This resolution was declared duly LOST. 7.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Maureen Meehan as a Temporary Clerk Typist in the Office of the Town Clerk, for the period December 26, 1990 through January 18, 1991, at a salary of $7.00 per hour. 7.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oiiva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $38,345.00 Letter of Credit posted by Adam Associates as a Performance Bond for roads and improvements in their major subdivision, all in accordance with the Town Board's resolution of December 27, 1989 approving the amount as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 8.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly. ADOPTED. DEPUTY SUPERVISOR PENNY: Number nine is on hold. Matt Kiernan, the Assistant Town Attorney, wanted more information on this. (Loan the Old Bay View School- house to the Southold Historical Society for payment of one peppercorn a year.) 10.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Outlay Report and Request for Reimbursement for Construction Procjrams for submission to the Federal Aviation Administration - N.Y.A.D.O., for partial payment of $31,464.00 fop Calocerinos & Spina Engineers, P.C. with respect to the Fishers Island Airport - Elizabeth Field, Obstruction Lighting and Removal Project. 10.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 11.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Extension Agreement between the Suffolk County. Department for the Aging and the Town of Southold to extend the Brief Respite Program term of agreement from January 1, 1991 through March 1991 without additional funding, and sufficient funding exists in the 1990 Suffolk NOVEMBER 27, 1990 County Operating Budget. 11.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 12.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Report of Disadvantaged Business Enterprise (DBE) Accomplishments for Fishers Island Elizabeth Airport, all in accordance with the recommendation of the Town's Engineers for the Elizabeth Airport - Calocerinos & Spino. ~ ~__12.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Olive, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 13.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Peter Bubb and Karen McNeil as EISEP Aides, effective November 26, 1990, at salaries of $5.50 per hour for 20 hours per week. 13.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a cash advance in the amount of $125,000 and additional amounts as needed from the Highway Fund Whole Town to the General Fund Whole Town; said advance(s) to be repaid to the Highway Fund Whole Town upon receipt of other cash due the General Fund Whole Town. 215 COUNCILWOMAN LATSON: I would just like to comment before I vote. The Town of Southold is out of cash right now. We are..have a resolution before us to forward money from the surplus fund in the Highway Department to meet cash for the end of the year. This $125,000 will only take us through our expenses to the end of November. We still have two payroll periods to meet. It's estimated we'll need an additional $300,000 in cash. We've heard much talk about sound fiscal manage- ment all year long. The Town of Southold has never been in a deficit cash situation before. We have never been faced with the fact of floating revenue anticipation notes. Now, Elaine Kaldor, who is the Town's Auditor, has assured us that this is a legal way to proceed, that we may legally. I would bemore ~mfortable if we had it in writing, that we can proceed this way, to take the fund from Whole Town... from Highway, give it to Whole Town, surplus funds from Highway, put it in Whole Town, but I will not vote no, because there are vendors and people in the town, that are relying on this money to get their bills paid, so my vote is yes. COUNCILWOMAN OLIVA: Yes, and I would echo Ellen's comments. DEPUTY SUPERVISOR PENNY: ! will vote, yes, and I'd just like to say, that there is plenty of money coming in to carry us through the end of the year. We don't get the second half of our State mortgage tax until sometime in January, so q~Jite often this is happening in many other municipalities, and I don't know that this has never happened in Southold Town before. I'd like to do a lot of checking before I made a statement to that effect, but fiscally we're in good shape. 14.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 1';.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Holly Perrone to the position of Clerk Typist in the Planning Board Office, from the Suffolk County Department of Civil Service Certification of Eligibles, effective November 27, 1990, at a salary of $18,435.00 per annum. 15.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED~ 16.-Moved by Justice Edwards, seconded by Councilwoman Olive, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew Stype, at a fee not to exceed $1,000., to conduct an appraisal of the William J. Baxter property, located on the corner of Main Road and Elijahs Lane, Mattituck, New York. 16.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Penny, seconded by Justice Edward~, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 1990 Budget modification to the General Fund-Part Town: 2 1 6 NOVEMBER 27, 1990 To: B3120.4 B3130.1 B8010.4 From: B1990.4 B3120.2 B3120.2 Police, Contractual Expenses Bay Constable, Personal Services Zoning, Contractual Expenses Contingent, Contractual Expenses Police, Equipment Bay Constable, Equipment $ 2,000.00 7,000.00 1,824.03 $ 6,851.34 2,000.00 1,972.69 17.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 budget modification to the General Fund - Whole Town 1990 Budget: To: A1670.4 Central Copying & Mai~ing, Contractual Exp. $ 5,000.00 From: A6772.4 Programs for the Aging, Contractual Exp. $ 5,000.00 18.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 19.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of B.P. Wreckers, Ltd., in the amount of $25.00 per ton to be paid by the Town for the removal of all Scrap Newspaper deposited at the Southold Town Landfill Site, Cutchogue, during the period from January 1, 1991 through December 31, 1991, all in accordance with the bid specifications; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to execute an agreement between the Town and B.P. Wreckers, Ltd, for the removal of the Scrap Newspapers. 19.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 20.-Moved by Councilman Penny, seconded by Justice Edwards, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW / YORK, ADOPTED NOVEMBER 27, 1990, AUTHORIZING THE PREPARATION OF A HYDROLOGIC INVESTIGATIVE WORK PLAN FOR THE TOWN LANDFILL, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $400,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by 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 prepare, pursuant to Section 99-d of the General Municipal Law, surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning for a capital improvement which it is contemplated might be undertaken in the future, consisting of the preparation of a hydrologic investigative work plan for the Town landfill. The estimated maximum cost of said specific pject or purpose, including preliminary costs and costs inciental thereto and the financing thereof, is $400,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $400,000 serial bonds of the Town to finance 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 $400,000, i are hereby authorized to be issued pursuant to the provisions of the Local Finance L Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law") to finance said appropriation. Section 3. The following additional matters are hereby determined and decla red: (a) The period of probable usefulness of said specific object or purpose for which said $400,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 62(a) of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 5 of the Law. (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 20.-Vote of the Town Board: Ayes: Councilwoman Oliva, Justice Edwards. No: Councilwoman Latson. This resolution was declare duly LOST. NOVEMBER 27, 1990 2 i 7 bond anticipation notes issued in anticipation -of'~ the sale of said bonds shall cont~.n 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 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 i~sued 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 30.00 relative to the authorization fo the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to author- zing 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 bond anticipation 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. Section 7. This bond resolution 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 §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 having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. Councilman Penny, DEPUTY SUPERVISOR PENNY: I don't think it's appropriate to pass these bills, (Resolution #21 to advertise for bids for Laboratory Analytical. Services for the Southold Town Landfill, and #22 to advertise for bids for Well Drilling Services for the Southold Town Landfill.) without having made the proper appropriation to pay for it, so they. will be held. 23.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Qu. ality Review Act, and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of' the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordianted review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Amendment to Chapter 100 (Zoning) of the Code of the Town of Southold in relation to accessory building setbacks. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form as been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. -!3.-Vote of the Town Board: Ayes: Councilwoman ~-atson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 24.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Accessory Building Setbacks"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planninq Board and the Suffolk County Department of Plannin9 in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Accessory Building Setbacks 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: 218 NOVEMBER 27, 1990 1. Section 100-33(B) (Setbacks) is hereby amended to read as follows: 1-. On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. 2. On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. 3. On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. II. This Local Law shall take effect upon its filing with the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I'd like a resolution to recess. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, 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: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. Reconvened at 8:05 P.M. 25.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $150.00 to Henry B. Faucon, which sum represents the filing fee for a variance application to the Board of Appeals which was filed on October 15, 1990, and was determined to be unnecessary following actual measurments of the property time and adjacent property, all in accordance with the recommendation of the Board of Appeals. 25.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 26.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves and adopts the followinc, i amendments to Chapter A108, Hic~thway Specifications, from the Code of the Town of Southold, as recommended by the Superintendent of High- ways, Town Board Highway Committee, and Planning Board: I. Chapter A108- (Highway Specification) .of'the' Code of the Town of Southold is hereby amended as follows: 1. Section A108-15[A) is hereby added to read as follows: The specifications set forth in the following chart shall apply to all contructed roadways after December 1, 1990: Finished Number of Lots Pavement Width Serviced by Road * 12 Ft. 1 * 16 Ft. 2-4 * 16 Ft. 5 & Over 20 Ft. 5 & Over 24 Ft. 5 & Over 28 Ft. Ail Density (1) All R. Zones All R Zones R-200+, R-400+ R-120+, AHD+, HD+ R-80, R-40, AHD & HD Industrial * Designates road pavement without curbs, utilizing drainage in swales; vs. roads with curbing and drainage basins within the pavement area. + On site parking as required by the Planning Board. (1) Zone District designaHon or land developed at density of Zone District, i.e., R-80 Zone, but developed at R-120 density, road width would be reduced from 24 to 20 Ft. Planning Board may require wider roads when necessary. 2. The attached drawings, numbered SD-854M-1 and SD-854M-2, shall be added in numerical order to the current drawings at the end of Chapter A108. II. This resolution shall take effect immediately. 26.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 27.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of the William Jarosz property, a private right-o-f-way off of the south side of Soundview Avenue, Southold, at a cost of $2,500.00, all in accordance with the contract for same to be prepared by the Town Attorney. 27.-Vote of the Town Board: Ayes: Councilwom~in Lal~son, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. NOVEMBER 27, 1990 Councilwoman Oliva, 219 28.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby c. loes on record in support of the Town Trustees' resolution adopted on November 15, 1990, opposing the 1991 Suffolk County Budget cut for dredgin. 28.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the Town of Southold and police Chief Harold D. Winters for the payment of accrued earned compensation in three (3) equal payments on or before the 15th day of January of each of the three succeeding years - 1991, 1992, 1993, all in accordance with the agreement as prepared by the Town Attorney. 29.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. ThiS resolution was. declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: Would you like to act on Local Law #28? 30.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, WHEREAS, a proposed Local Law NO. 27 - 1990 entitled, "A Local Law in Relation to Parkin9 Rec~ulations", was introduced at a meeting of this Board held on the 13th day of November, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 27th day of November, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED THAT Local Law No. 27 - 1990 be enacted as follows: LOCAL LAW NO. 27 -1990 ^ Local Law in Relation Parking Regulations 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 hereby amended by adding thereto the following: Name of Street Side Tabor Road Both Location At Orient, from the southerly curbline of N.Y. Route 25 southerly for a distance of 270 feet. 30. 2. Section 92-42 (Parking prohibited during certain hours) is hereby amended by adding thereto the following: Name of Street Side Between the Location ~ Hours of Oaklawn Avenue Both 15 Minute parking between 8 A.M. and 4 P.M. except Saturdays, Sundays and Holidays II. This Local law shall take effect upon its filing with the Secretary of State. -Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. In Southold, starting at a point 300 feet southerly curbline of New York Route 25 for a distance of 552 feet. DEPUTY SUPERVISOR PENNY: This concludes our regularly scheduled agenda. Are there any Councilman, at this time, that would like to give Councilmen reports? COUNCILWOMAN LATSON: We'll be holding interviews for the Mouth Board shortly. This is formulated in the Town of Southold under the guides, that we thought we were going to reach 20,000 population, but we didn't. We're about 400 short, but we're going ahead with it anyway, live met personally with some of school superin- tendents. They all agree that services are not being for youth in Southold Town, so I'm excited, because in an area of tough fiscal times, which is not going to help us with the schools. It's going to get tougher for the town. It's going to get tougher for human service agencies, and their funding. The Town of Southold will assist to start coordinating the various services, that are available to youth, and not only that, the available recreational programs that are available to youth, and also, we hope to increase it. We've got some very interesting people, very enthusiastic people coming in for interviews, and I'm excited about it. The reason I voted no on the bond for the $400,000., and we had considerable discussion among the Town Board members, today, on this. It is a study, that has to be performed. It's required,and ithas'tobed~ne to close and cap the landfill. However, I have not received any copies, as a Town Board member, of the original hydrological draft 2 2 0 NOVEMBER 27, 1990 work plan all though I asked for them several time, and the final work plan was submitted today with only one copy. Now, the Town Board historically has been copied w~th every document of importance, so that every member has a copy. Now, I would ask you, as the public, if you were sitting in my position, and you had not received one copy of anything, and you're being asked to spend $400,000. of taxpayers' money, would you do it? I have to think about that, and I can not do it, because I have not seen one form. I have not been kept up to date. I have not been kept abreast of this, and I have copies for the press, or anyone who's interested as to exactly what I have gotten. Thank you. COUNCILWOMAN OLIVA: that we're very glad that the recommendations of the Planning and Zoning Committee for an Architectural Advisory Committee to the Planning Board will be sent to the Legislative Committee for, hopefully, adoption into the Code, and we're looking forward to having this done sometime early next year. I'd, also, like to say that we are working on a mandatory recycling law to be enacted in the first quarter of next year, but I do want to say, that I have been very excited by the fact that our recycling percentages of household waste have been going up every month, and last month it was up to 8.2% of the total household garbage. I find that a good increase. I'm very delighted with the people, that have done it on a voluntary basis, and I urge those that have not done it on a voluntary basis to get on board, because it's going to be mandatory before you know it, and you should all get used to it now. Thank you. I'd just like to report on the Planning and Zoning Committee, JUSTICE EDWARDS: Okay, we're off and running. Councilwoman Latson is talking out of both sides of her mouth. Resolution fi2, which is the sewer rent on Fishers Island, she did not vote on, for what reason I do not know. Resolution #14, she said that she voted on it with reservations, because the vendors had to be paid. Resolution #2, sewer rents on Fishers Ks.land, those venders have to be paid,, too. We can all be thankful that the Town Board moved some monies from other funds in there to pay these vendors on the Fishers Island Sewer District. Now, those monies have to be repaid, and the only way to repay them is to bring up the rent for one year, to get them out of the hole. Now, this was not brought up at a work session this afternoon. It was possible, that we could have talked this over, but this is typical of Councilwoman Latson. All during the Budget procedure, she would vote no, no, no, with no reason, and no explanation, and no ideas on how to change these fees. I think it's very, very unfair that she picked on this one resolution, #2. Thank you. COUNCILWOMAN LATSON: Judge, these sewer rents according to the law, that was read, the first installment won't be due until the first of January, so Cou~r]cilman Edwards has.. JUSTICE EDWARDS: Justice Edwards. Thank you. COUNCILWOMAN LATSON: has plenty of time to get it past. It's not going to effect Fishers Island Sewer District. It's not going to effect the vendors getting.. JUSTICE EDWARDS: But why not pass it now, then. Why wait two weeks? COUNCILWOMAN LATSON: Because there were a lot of concerns raised. (Tape change. ) DEPUTY SUPERVISOR PENNY: We all heard the public hearing, and we all know the reasons the rents went up. JUSTICE EDWARDS: That's right. Thank you. DEPUTY SUPERVISOR PENNY: Are there any members of the audience, who would like to comment on any matter at this time? WILLIAM PELL: Can you enlighen us on what's going to happen on December 19th, as far as closure of the landfill? Bring us up to date perhaps? Tom Wickham isn't here, maybe, somebody could. DEPUTY SUPERVISOR PENNY: We have not sat down and addressed this as a Town Board, Bill, so I think that it would be unfair for each one of us to comment individually. This is a matter, that will probably be handled in Executive Session with our Attorney, and the results of that will be made public once the Town Board has come up with the final conclusion. COUNCILWOMAN LATSON: We aren't negotiating consent order. The Supervisor informed us today, that he is talking to Brookhaven. So, at least, talks have started in that direction, because I asked the same question, myself, Bill, of the Supervisor. Are you talking to them? And, yes, he is. According to him we can take our garbage to both Brookhaven, and Smithtown. They have both agreed to accept it. NOVEMBER 27, 1990 221 DEPUTY SUPERVISOR PENNY: Bill, I would just like to clarify one thing on Scott's behalf. The Supervisor told us he has had discussions with the Supervisors of each of those towns. There has been not Town Board action on our behalf, on their behalf to confirm this, so anything that you're hearing right now, and Scott would say exactly the same thing, it is strictly speculative. We haven't gotten into the n_itty gritty with anybody. WILLIAM PELL: But you are talking to Brookhaven? DEPUTY SUPERVISOR PENNY: Scott has spoken to some of the Supervisors, who have expressed a willingness to help us, which I think in Brookhaven's case it's something that they stated very early on, at the beginning of the year, so nothing has really changed, but we do not have commitments from their Town ~3oards, or commitments from our Town Boards to take them up on it. COUNCILWOMAN LATSON: I didn't say that we did. I just said, that I know that they're talking, because I think we should be talking about it as a Town Board~ WILLIAM PELL: How are we doing with this joint legal with Riverhead Township, going after the DEC, hiring a lawyer outside? Anything new on that? DEPUTY SUPERVISOR PENNY: We have not made any determination of going after the DEC, or how we're going to handle it. We have tentatively hired, or agreed to go into a agreement with some of the other East End towns, to hire a mutual attorney, and no decision has been made as to what the nature of that action is going to be. WILLIAM PELL: But, we did agree to go in with them? DEPUTY SUPERVISOR PENNY: Yes, we did. WILLIAM PELL: Resolution ~14, the advance of $125,000. from highway surplus funds, I believe that was the resolution. . DEPUTY SUPERVISOR PENNY: It was strictly a cash transfer. WILLIAM PELL: How much surplus does Highway have in that line item? DEPUTY SUPERVISOR PENNY: It's not a surplus transfer. It's strictly a cash transfer. WILLIAM PELL: The second half of that one, who decides..it says, as needed, additional amount as needed. Who decides as needed, the' Supervisor, the Town Board, or what? DEPUTY SUPERVISOR PENNY: I think the wording of that was probably a little sketchy, and any other transfers will probably be coming before this Board. That was a word that 1 didn't happen to catch earlier. COUNCILWOMAN LATSON: No, I didn't catch that either. What number was that? Resolved that the Town Board of the Town of Southold hereby authorizes the cash advance in the amount of $125,000., and additional amounts as needed..an addition amount as needed, so it could be more than $125,000. WILLIAM PELL: That's my question, who decides? DEPUTY SUPERVISOR PENNY: I think that the Town Board will act on another resolution at that time, Bill, in spite of what that resolution says. WILLIAM PELL: I thought I heard that. DEPUTY SUPERVISOR PENNY: We afternoon at the end of a very long of words might have gotten by us. spent a very, very brief amount of time this day going' over the resolutions, and a couple COUNCILWOMAN LATSON: Why don't we amend that? COUNCILWOMAN OLIVA: Can we amend that right now, George? DEPUTY SUPERVISOR PENNY: Yes, let's amend it. Are there any more comments: from the audience? (No response.) Hearing none, I'll have a resolution to delete the words, and additional amounts as needed, from the prior resolution. Can I have a motion on that? 2 2 2 NOVEMBER 27, 1990 Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Re~blution No. 14, adopted this date, November 27, 1990, by deleting the words "and additional amount as needed"; said resolution to read as follows: "RESOLVED that the Town Board of the town of Southold hereby authorizes a cash advance in the amount of $125,000 from the Highway Fund Whole Town to the General Fund Whole Town; said advance to be repaid to the Highway Fund Whole ton upon receipt of other cash due the General Fund Whole Town" Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. COUNCILWOMAN LATSON: Thank you, Mr. Pell. DEPUTY SUPERVISOR PENNY: I would like a motion to adjourn. Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:20 P.M. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. F