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HomeMy WebLinkAboutTB-10/22/19911'61 SOUTHOLD TOWN BOARD OCTOBER 22, 1991 WORK SESSON Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen WI. Latson, Town Attorney Harvey A. Arnoff, Superintendent of Highways Raymond L. Jacobs, Town Clerk Judith T. Terry. Absent: Councilman Thomas H. Wickham, Assistant Town Attorney Matthew G. Kiernan. 9:00 a.m. - The Town Board met with Tony Conetta, Dvirka & Bartilucci, to discuss the proposed transfer Tstation at the .landfill. Mr. Conetta explained the layout of the proposed 50 by 75 building and the varied possible uses for same. 9:35 a.m. - The Board-discussed with Superintendent of Highways Jacobs the request- of Town Historian Antonia Booth for the removal of an unused flower stand on the North Road, east of Madison Avenue, Greenport, where a historic milemarker is located. Superintendent of Highways Jacobs explained that the flower stand is in the Suffolk County right-of-way, and he will ask the Suffolk County Department of Public Works i'f they will remove it.--Also discussed was the petition submitted on behalf of a majority of the property owners on Elijahs Lane, Mattituck, requesting street lights. In light of the Town policy to only place streetlights at hazardous intersections, Superintendent of Highways Jacobs recommended the placement of a light at each of the two intersections on Elijahs Lane (see resolution no. 22).--The Board also discussed with Mr. Jacobs question of whether the Town will consent to "fall-down area" on Town property at the Landfill with respect to the NYNEX Mobile Communications tower application. It was decided additional time would be needed to study the area in question, and this will be discussed again on November 12th.-- Superintendent of Highways Jacobs asked the Town Board to reject the bid for repairs to the D-6 Bulldozer, as the cost would be too expensive for the condition of the machine (see resolution no. 23). Mr. Jacobs ask the Board to advertise for bids for repairs to the Dresser Payloader (see resolution no. 24). 9:55 a.m. - For Discussion Items: (1) Letter from the Town of Washington, New York, informing the Supervisor of their very satisfactory response to an inquiry regarding operations at existing landfills. They requested the contribution of $100.00 to The Landfill Questionnaire Fund for a complete data evaluation and report project. Although at this point in time Councilwomen Oliva and Latson were opposed to the contribution, later in the day Supervisor Harris asked that this matter be placed on the agenda for a resolution to make the contribution (see resolution no. 30), but lost on the vote. (2) The request from the residents ~of Elijahs Lane, Mattituck, for streetlights. See previous paragraph, as well as resolution no. 22). (3) Request from John Rastegar Associates, owners of "Home Farm Estates" subdivision, for refund of their application fee, whereas they withdrew their application (see resolution no. 25). (4) Appointment to Board of Assessment Review discussed in Executive Session, and held for further discussion on November 12th. (5) Letter from attorney representing the lot owners in "Shorecrest at Arshamomaque" subdivision concerning deeding the roads and park lot directly to the Town. Town Attorney will respond and explain the procedures to accomplish same. (6) Supervisor Harris expressed his interest in acquiring the Carey Tank Farm property wi.th 1987 Open Space funds and $250,00 Park & Playground funds if and when the property receives a clean bill of health environmentally. He asked the Town Attorney to research the use of Open Space funds for this purpose. (7) Reappointment of members to the Substance Abuse Committee (see resolution no. 26). (8) Letter from the Land Preservation Committee endorsing a "Farmer's Bill of Rights" in an ordinance accompanied by an informational release or bulletin which would seek to educate all citizens on ways to avoid confrontation and conflict. It was recommended the Town Attorney draw up such an ordinance for review by the Land Preservation Committee. (9) Councilwoman Oliva submitted a proposed "Local Law in Relation to Recycled Cardboard" for review by the Board. This law will be placed on the November 12th agenda to set a public hearing for November 26th. (10) Proposed resolution to increase the fee for a certificate of marriage from $5.00 to $10.00 (see resolution no. 27). (11) Councilwoman Oliva advised the Town Board that the Land Preservation Committee has questions as to whether they will be in competition with the' County due to discrepancies in appraisals in the past. Councilman Penny suggested our representatives speak to the County and ask if they would give consideration to us both using one of the same appraisers. (12) This was discussed under number 19 above. (13) Councilwoman Oliva submitted a proposed "Local Law in Relation to Commercial Rec~yciing'' for review by the Board. This law will be placed on the November 12th agenda to set a public hearing for November 26th. (14) Letter from PBA Attorney Erick Larsen concerning the adjourned hearing date of October 16th for the PBA grievance. This is also discussed uner number 17, and the Town Boa rd set 7:00 p.m., Wednesday, November 13th as a new date for this hearing. (15) Receipt of a petition concerning abuses at the Norman Klipp Marine Park signed by 136 residents of the area. The matter has been referred to Chief of Police Droskoski. (16) Request from the Town Clerk to distribute Tercentenary Calendar Booklets free of charge; These books have been selling for twenty-five cents, and there are over 2000 left from the 1983 celebration (see resolution no. 28). (i7) Set date to continue PBA grievance hearing (see number 14 above). (18) NYNEX Mobile Communications application (see discussion with Superintendent of Highways Jacobs at 9:35 a.m.). 10:55 a.m. John Cameron and Mark Wagner of Omni met with the Town Board to discuss their proposed composting facility to be constructed on a 51 acre site in Riverhead Town. The facility, which has received DEC and special use permits, will consist of over eight acres of buildings for complete indoor storage, has a 500 ton a day capacity, and will also'serve as a municipal recycling facility. They have an agreement with Riverhead Town to enter into agreements with other towns. Omni was invited to meet with the Solid Waste Management Task Force for a full presentation. 11:30 a.m. Town Board reviewed the resolutions to be voted on at the 4:00 p.m. Regular Meeting. EXECUTIVE SESSION ri:40 a.m. On motion of Councilwoman Latson, seconded by Justice Edwards, it was Resolved to enter into Executive Sessiorr. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson. Also present: Town Attorney Arnoff, Superintendent of Highways Jacobs, Town Clerk Terry.---The Town Board discussed personnel and litigation. 11:50 a.m. - Town Board audited vouchers. 12:05 p.m. - Work Session adjourned. OC 'OB.. 1991 ! 6 3 REGULAR MEETING A Recgular Meetinc,] of the Southold Town. Board was held on Tuesday, October 22, 1991, at the Southold Town Hall, Main Road, $outhold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Town Clerk Judith T. Terry Town Attorney Harvey A Arnoff Councilman Thomas H. Wickham (out-of-town) SUPERVISOR HARRIS: The first order of business, an approval of the audit of the bills of October 22, 1991. Moved by Councilman Penny, 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 $298,130.28; General Fund Part Town bills in the amount of $82,409.15; Nutrition Fund bills in the amount of $1,646.60; Adult Day Care bills in the amount of $2,400.74; Home Aide Program bills in the amount of $152.40; SNAP Program bills in the amount of $3,784.31; EISEP Program bills in the amount of $197.80; Community Development Fund bills in the amount of $26,601.50; Highway Fund Whole Town bills in the amount of $7,056.77; Highway Fund Part Town bills in the amount of $39,139.35; CHIPS (Highway Part Town) bills in the amount of $55,510.88; Capital Project Account bills in the amount of $156,000.00; Hydrogeolic Landfill Study bills in the amount of $28,257.00; Open Space Capital Fund bills in the amount of $49,273.36; Computer Capital Account bills in the amount of $4,333.00; Employee Health Benefit Benefit Plan bills in the amount of $105,133.93; Fishers Island Ferry District bills in the amount of $14,319.28; Southold Wastewater District bills in the amount of $21,092.00; Fishers Island Sewer District bills in the amount of $2,281.35; Fishers Island Ferry District Agency & Trust bills in the amount of $742.84. COUNCILWOMAN OLIVA: I will approve all the bills except the one for Smith, Finklestein, and Lund. COUNCILWOMAN LATSON: It was my understanding that it was pulled. TOWN CLERK TERRY: You have to say that now. COUNCILWOMAN OLIVA: I want the Smith, Finklestein, and Yakaboski bill pulled. SUPERVISOR HARRIS: For the Article 78 proceedings? COUNCILMAN PENNY: I rescind that motion. JUSTICE EDWARDS: I rescind the second. SUPERVISOR HARRIS: It was res.cinded. The second was rescinded, and the motion was rescinded. I need a motion to audit the bills, except for the Smith, Finklestein bill, which has been pulled in the amount of $3,361.60 for litigation of Town of Southold versus the DEC, and Counsel for the 1983 Landfill Law. The total amount being $5,991.58 pulled. Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $292,138.70; Nutrition Fund $1,646.60; Adult Day Care bills in the amount of $2,400.74; Home Aide Program bills in the amount of $152.40; SNAP Program bills in the amount of $3,784.31;EISEP Program bills in the amount of $197.80; Community Development Fund bills in the amount of $26,601.50; Highway Fund Whole Town bills in the amount of $7,056.77; Highway Fund Part Town bills in the amount of $39,139.35; CHIPS (Highway Part Town) bills in the amount of $55,510.88; Capital Projects Account bills in the amount of $156,000.00; Hydrogeolic Landfill Study bills in the amount of $28,257.00; Open Space Capital Fund bills in the amount of $49,273.36; Computer Capital Account bills in the amount of $4,333.00; Employee Health Benefit Plan bills in the amount OCTOBER 22, 1991 $105,133.93; Fishers Island Ferry District bills in the amount of ~;14,319.28; Southold Wastewater District bills in the amount of $21,092.00; Fishers Island Sewer District bills in the amount of $2,281.35; Fishers Island Agency & Trust bills in the amount of $742 . 84, General Fund Part Town bills in the amount of $82,409.15. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We'll make adjustments with Smith, Finkiestein, Lundberg, Isler & Yakaboski, and we'll send them a notice to hold tight. I need a motion to approve the minutes of the October 8, 1991, Southold Town Board meeting. Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the October 8, 1991, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of October 9, 1991 Town Board meeting. Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the minutes of the October 9, 1991, Special Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve Thursday, 3:30 P.M, October 24, 1991, a Special Town Board meeting. M0-V~J-I~'~ Councilwoman Oliva, seconded by Counci'lwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby sets 3:30 P.M., Thursday, Ocotber 24, 1991, Southold Town Hall, Main Road, Southold, New York, as time and place for a Special Meeting of the Town Board for the purpose of setting the date and time for the public hearing on the 1992 Budget, and for entertaining whatever additional business may properly come before the Town Board. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion for the next regularly scheduled Town Board meeting to be set on November 12, 1991 at 4:00 P.M. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the next recjular meeting of the Southold Town Board will be held at 4:00 P.M., Tuesday, November 12, 1991, at the Southold Town Hall, Southold, New York Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold Town Trustees' Monthly Report for September, 1991 2 Supervisor~s Monthly Budget Report for September, 1991 3. Southold Town's Developmentally Disabled Recreation Program for October, 1991. 4. Southold Town Police Department Report for September, 1991. II. PUBLIC NOTICES. 1., U.S. Army Corps of Engineers, New York District, Notice of Complete Application by Edward Maidei to construct split rail fence ~n area adjacent to fresh- water wetlands of Great Pon~t, Kenny's Road, Southold, New York. Comments to be submitted in writing no later than November 1, 1991. 2. U.S. Army Corps of Engineers, New York District, Public Notice of application of Claudio Family Corporation to maintain as completed tlxect docks, a filler dock section, deck, and walkway; install accessory equipment; mitigation in Greenport Harbor, Gardiners Bay and Shelter Island Sound, Town of Southold.. Comments to be submitted in writing on or before November 18, 199. 3. Notice of Cancellation of Public Hearing on the application of Lagoon Association by the New York State Department of Enviornment Conservation to have been held on October 30, 1991. OCtOBeR 1991 1 6 5 III. COMMUNICATIONS. 1. Helen DeVoe thanking the Town Board for granting her a medical leave of absence. 2. Robert Costanzo, of Umbrella Senior Home Services, thanking Supervisor Harris for attending a function at Mattituck Veterans Park, and his support of their program. IV. PUBLIC HEARING. 1. 4:35 P.M. "Local Law in Relation to No Stopping Zone". V. RESOLUTIONS. SUPERVISOR HARRIS: Before we go into resolutions, are there any members of the audience, that would like to address this Board on any resolution, that we'll be working on, or enacting in the next half hour or so? (No response.) If not, the first resolution, permission for Southold Parent-Teachers Association to use Oaklawn Avenue, Southold, for the purpose of holding an annual Halloween Parade on October 31, 1991. 1.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Parent Teachers Association to use Oaklawn Avenue, Southold, on Thursday, October 31, 1991, between the hours of 4:00 p.m. and 4:30 p.m. for the purpose of holding their Annual Halloween Parade, provided they secure and file with the Town Clerk a Certificate of Liability Insurance for at least One Million Dollars naming the Town of Southold as an additional insured. 1.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Justice Edwards, seconded by Councilwoman Olive, it was RESOLVED that the application of David S. Horton and Gerry S. Horton for renewal of their greenhouse watchman trailer permit, for trailer located on Kirkup Lane, Mattituck, which permit expires on November 7, 1991, be and hereby is granted for a six (6) month period. 2.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to United Fire Company No. 1, Cutchoque Fire Department, to use Deport Lane and New Suffolk Road (from the Cutchogue West School to the Cutchogue Fire House), on Thursday, October 31, 1991, provided they secure and file with the Town Clerk a Certificate of Liability Insurance for at least One Million Dollars naming the Town of Southold as an additional insured. 3.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilwoman Olvia, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $540.50 (47 tickets at $11.50 each) for the March 19, 1992 family bus trip to the Ringling Brothers and Barnum & Bailey Circus at Nassau Coliseum; charge to be made to A7320.4, Joint Youth, Contratual Expenses. 4.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the application of George A. McCarthy for renewal of his single family house trailer permit, for trailer located at 1900 Any Street, a private road off of the south side of Main Road, Laurel, New York, which permit expires on November 10, 1991, be and hereby is granted for a six (6) month period. 5.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16 6ocToBE. 1991 6.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Tow. n Board of the Town of Southold hereby authorizes an advance fee check in the amount of $1,036.00 for the February 14, 1992 New York Islander game (47 tickets at $22.00 each, plus $2.00 for postage and handling); said charge to be made to A7320.4, Joint Youth, Contractual Expenses; check made payable to Madison Square Garden. 6.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Latson, seconded by Councilman Penny, it was RESOLVED that the applciation of Anqe and Barbara Boursiquot for renewal of their single family house trailer permit, for trailer located on private road off of the north side of Main Road, Mattituck, New York, which permit expires on November 4, 1991, be and hereby is cjranted for a six (6) month period. 7.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution' was declared duly ADOPTED. · JkMENDED NOVEMBER 12, 1991 ,by. Resolution ~26 8.-~lovecl I~y Councilwoman Oliva, secon(~ea by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby withdraws their acceptance of the bid of John T. Montecalvo, Inc. (part of resolution no. 19, adopted on May 21, 1991) for furnishing and placing Asphalt Concrete within the Town for the period of July 1, 1991 through June 30, 1992 (650 - 1,000 tons, at a price of $36.87 per ton), whereas Montecalvo has failed to produce the necessary performance bond and insurance, or execute a contract for same since he was notified on May 31, 1991; all in accordance with the recommendation of Superintendent of Highways Jacobs; and be it further RESOLVED that in accordance with the Legal Notice to Bidders, and information and Instructions to Bidders, the $500.00 certified bid check of John T. Montecalvo, Inc. shall be forfeited to the Town of Southold as liquidated damages, and the Town Clerk shall deposit same to the credit of the Town. 8.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj budcjet modification to the General Fund - Whole Town 1991 Budget to cover anticipated needs for remainder of the year: To: A1670.4 Central Copying & Mailing, Contractual Expenses $ 8,000.00 From: A9010.8 New York State Retirement, Benefits $ 8,000.00 9.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj budget modification to the General Fund - Part Town 1991 Budc~et to cover anticipated needs for remainder of the year (E911, telephone, etc): To: B3020.4 Public Safety Communications, Contractual Expenses $ 10,000.00 From: B3120.4 Police, Contractual Expenses $ 10,000.00 10.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Detective Beth Wilson and Police Officer Henry Santacroce, Jr. to attend a course for Police Juvenile Officers, sponsored by the Bureau for Municipal Police, Division of Criminal Justice Services, at Latham, New York, from September 29, 1991 through October 5, 1991, and the use of a Town vehicle and necessary expenses for travel and meals shall be a legal expense against the Police Depar:tment's 1991 Budget. 11.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. OCTOBE 1991 1 7 12.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Henry Santacroce, Jr. to attend a Dare Instructor Seminar, spon- sored by the Bureau for Muncipal Police, Division of Criminal Justice Services, at Saratoga Springs, New York, from November 3, 1991 through November 16, 1991, and the use of a Town vehicle for travel, travel expenses, and registration fee of $500.00, which includes meals and lodging, shall be a legal charge against the Police Department's 1991 Budget. 12.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oilya, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the. Town Board of the Town of Southold hereby appoints Laura Worthington, Lynne Webb, and Pam Moore as EISEP Aides, effective October 9, 1991, at a salary of $5.50 per hour, not to exceed 30 hours per week. 13.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards., Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Resolution #14, appointing a substitute driver for Town vans, is going to be held. The Town Attorney is going to look into a legal aspect of this, for insurance purposes. 15.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that' the Fishers Island Sewer District rent owed by Tiffany Gordon, in the amount of $525.00, for the year 1991, which rent remains unpaid, shall be levied against the real property of Tiffany Gordon, and shall be collected at the same time and in the same manner as Town taxes. 15.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16,-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the town Baord of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Thomas Shillo, in the amount of $2,100.00, for the year 1991, which rent remains unpaid, shall be levied against the real property of Thomas Shillo, and shall be collected at the same time and in the same manner as Town taxes. 16.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Stephanie Graseck as a seasonal part-time Clerk Typist in the Assessors Office, for a period of four (4) weeks - December 23, 1991 through January 17, 1992, 35 hours per week, $5.00 per hour. 17.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilwoman Laton, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the Fishers Island Sewer District 1991 Budget to cover engineering expenses to date: To: SS2.1440.4 Engineer, Contractual Expenses $ 1,000.00 From: SS2.8160.4 Refuse & Garbage, Contractual Expenses $ 1,000.00 18.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 168 OCTOBER 22, 1991 19.-Moved by Councilman Penny, seconded by Councilwoman Oliva, IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF FACILITIES OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT, IN THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK PURSUANT TO SECTION 202-b OF THE TOWN LAW. ORDER CALLING PUBLIC HEARING TO BE HELD ON NOVEMBER 12, 1991 WHEREAS, the Town'Board of the Town of Southold (herein ~alled "Town Board" and "Town", respectively), in the County of Suffolk, New York on behalf of Southold Watewater Disposal District, in the Town (herein called "District"), has requested Cameron Engineering, P.C., engineers duly licensed by the Sta~e of New York (herein called "Engineers,,), to prepare a preliminary map, plan and report for the increase and improvement of facilities of the District, consisting of the construction of improvements to the Scavenger Waste Treatment Facility, including but not be limited to, removal of the existing bar rack and grit screw, installation of a mechanical bar screen, construction of an extension of the building, installation of the new grit removal system, modification of the influent channel and headworks building, installation of floor plates over the influent channel, extension of odor control piping in'the headworks building, modification and relocation of the odor control piping in the equalization tank, installation of a sound- proof door between the office area and blower room, installation of an air compressor, electrical work, relocation of existing plumbing, and other miscellaneous work, and also including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor, and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and have estimated the total cost thereof to be $225,000; and WHEREAS, the proposed plan of financing of said $~25,000 costs consists of the appropriation of $155,000 from the Southold Wastewater Disposal District Repair Reserve Fund heretofore established by said District, the expenditure of $20,000 from the 1992 Operating Budget of the District, and the issuance of $50,000 serial bonds of the Town to finance the balance of such costs; Now, therefore, be it ORDERED, that a m~eting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town,- on the 12th day of November, 1991 at 4:30 P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and the appropriation of $155,000 from the Southold Wastewa~er Disposal District Repair Reserve Fund to finance a portion of the cost thereof, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; FURTHER ORDERED, that the Town Clerk publish at least once in the "THE SUFFOLK TIMES", a newspaper published in Mattituck, New York, and in "THE LONG ISLAND TRAVELER-WATCHM3%N", a newspaper published in Southold, New York, .and hereby designated as the official newspapers of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk', the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. 19.-Vote of the Town Board: Ayes: ~ouncilwoman katson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. oc -oB . ,91 1 69 20.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board-of the Town of Southold hereby appoints Susan Raven Pia~ll as a School Crossing Guard for the Depot Lane, Cutchogue, location, effective immediatiey, at a salary of $21.00 per day. 20.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. - This resolution was declared duly ADOPTED. 21.-Moved by Councilwoman Olvia, seconded .by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following Town Roads for their annual Hallo- ween Parade on Thursday, October 31, 1991, beginning at 6:00 P.M. at the Mattituck Fire House, and ending at the Mattituck High School, provided .they secure and file with the Town Clerk a Certificate of Liability Insurance for at least One Million Dollars naming the Town of Southold as an addition insured: Pike Street, Love Lane, Westphalia Avenue, Sound Avenue. 21.-Vote of the Town Board: Ayes: 'Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22 .-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Commissioner of Public Works Jacobs to install two street lights in Mattituck, on Pole No. 7T at the intersection of Eliiahs Lane and Rachels Road, and Pole No. 19T at the intersection of Elijahs Lane and Tabor Road. SUPERVISOR HARRIS: This has been requested by a number of residents down there for security reasons, and also, for the fact that, because it's so dark on that one road. There isn't any street lights at all. This will certainly help provide besides a sense of security, also provide services for those individuals to keep it accident-free at those intersections, so I move that resolution. 22.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of H.O. Penn Machinery Co., Inc. for repairs to the D6 Caterpillar bid amount of $39,500.00), all in accordance with the recommendation of Commissioner of Public Works Jacobs. 23.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for repairs to the Dresser Payloader located at the Landfill, Cutchogue. 24.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $5,550.00 to John Rastegar Associates, owners of "Home Farm Estates" subdivision, which sum represents three-quarters of the application fee of $7,400.00, all in accordance with' the recommendation of the Southold Town Planning Board who have advised the Town Board they had completed one-quarter of the review proc.ess before the owners withdrew the application. 25.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby reappooints the following individuals as members of the Southold Town Substance Abuse Committee, effective October 24, 1991 through October 24, 1992, they to serve in said position without compensation: Jean W. Cochran, Chairperson Donna Wa Ilerstein-lglesias Henry Santacroce, Jr. Beth Wilson Thomas Rabbit Kathleen McKeighan-Simpson Dr. Rory Simpson Myles Schneider Dr. Helen C. Price Elizabeth MacNish Cynthia Kumelos 26.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman O~iva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I would also just like to comment, that these individuals, and there's one new addition on there, Henry Santacroce, Jr.~ that these individuals serve in this position on a volunteer basis, as the resolutions stated, with many hours of deliberation on drug clinics, and drug abuse in this town, and they involve, and they certainly deserve this Town Board's congratualtions for a job, that they've been doing for some time to keep drugs out of our high schools, and out of this township wherever, and whenever_~ possible. They work very hard as a committee, and they certainly have to thank Kevin Lynch, who also served on this committee for many years in his capacity, and now of course, is a Sergeant, but at that time was the Juvenile Aid Bureau Officer. So, on behalf of myself, and certainly of this Town Board, I'd like to say thank you for these volunteers, and keep up the good work for all the residents of this town. 27.-Moved by Councilwoman Latsonw seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Section 14-a[2] of the Domestic Relations Law, hereby increases the fee for a certificate of the issuance of a marriage licenses and for certificates of marriage heretofore indexed and recorded from $5.00 to $10.00, effective October 23, 1991. 27.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Clerk to distribute the Southold Town Tercentenary Calendar Booklet to the public and to the Tourist Information Centers free of charge. 28.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Councilwoman Oliva, seconded bY Justice Edwards, WHEREAS, the Town Board, by Resolution No. 30, adopted on October 8, 1991, set 7:00 P.M.r Wednesday, October 16, 1991,.Southold Town Hall, as time and place for the continuation of the hearing with regard to Police Contract Grievance: Squad Assignments and Choice of RDO's; and WHEREAS, the PBA and their Attorney Erick F. Larsen felt they did not receive sufficient prior notice for the continuation of the hearing, and therefore the October 17th hearing was cancelled; now, therefore, be it RESOLVED, that the Town Board hereby sets 7:00 P.M., Wednesday, November 13, 1991, Southold Town Hall, Main Road, Southold, New York, as time and place for the continuation of the aforesaid Police Contract Grievance hearing. 29.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, we have a few resolutions left, but before we get to that, we now have to go into a public hearing. I need a motion to recess. Moved by Councilwoman Latson, seconded by Councilman Penny, it was RESOLVED that a recess be called at this timer 4:30 P.M. for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution 'was declared duly ADOPTED. Meetinc~ reconvened at 4:35 P.M. OCTOBER 22, i991 SUPERVISOR HARRIS: We'll go back to the regular agenda. 30.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $100.00 to The Landfill Questionnaire Fund for a complete data evaluation and report project that will sort the information obtained by the Town of Washington's recent landfill questionnaire, and organize it so that the data can be logically presented to public policy and decision makers. 30.-Vote of the TOwn Board: Ayes: Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilwoman Latson, Councilwoman Oliva. This resolution was declared LOST. 171 SUPERVISOR HARRIS: I'd like to put this resolution back on at the next meeting, Judy. Also, this questionaire, ~that was sent out from the Town of Washington in Millbrook, New York> I assume that's in Westchester County. TOWN ATTORNEY ARNOFF: Duchess County. SUPERVISOR HARRIS: Duchess County is it? Some time ago the Solid Waste Task Force was authorized by this Town Board, July 2, 1991, to travel to Albany to lobby legislators, and also officials of the New York State Department of Environmental Conservation, in their effors to further understand, and try to change, and amend certain resolutions, certain pieces of legislation that had been enacted, not to mention rules, and regulations, that were promulgated by the DEC. Recently, I just received notification through, I think Joanna Northam, or Councilman Wickham, that a letter had been sent out to us, that I had not seen. We had it reprinted, and sent back out, and that letter asked us, and a response, to send in $100.00 for all the towns to participate, so they could acheive a goal to prepare a report, and submit it, as public policy makers at an early date to Albany. Obviously the rest of the towns in the State of New York are, also, incurring huge economic impacts with many rules, and regulations, that have been regulated, and implemented by the DEC, following numbers of environmental conservation laws that have been imposed upon them. I don't think it's much to ask, as a member of the New York State Association of Towns to contribute on an ongoing process to continue to fight for the taxpayers of all these 932 towns within the State of New York, on certain rules and regulations, that environmentally, as well as economically, may have problems that need to be corrected. Based on the data, that we have received, the Town of Washington had received 167 responses to date. I don't know how much money was received, because that was not in the questionaire. However, our Task Force went up there, and lobbied very hard. They brought back a lot of good informa- tion, including information that pertains to the Andros Patent, and the research that followed. This Town endeavors to protect the economic viability of ou.r Town taxpayers, and recently, I just received notification, that I have been appointed to the New York State Association of Towns Solid Waste Committee. I feel that that's an honor to deal with solid waste on the whole State basis, on a regional basis. I would be happy to participate in the future with all the other towns in the State of New York, as we try to conquer the solid waste issues in our state, which is a national issue, and certainly not a local issue all by it's self. I hope at the next Town Board meeting, when we have four votes available, that we'll pass this resolution for $100.00, which I don't think is much to ask to look into certain rules, and regulations, and to put committments before those legisla.tors, such as our Solid Waste Task Force did, tying to influence them to change their minds, and try to amend certain legislation, that has been passed, and the impact to these towns, including mandates, that have been imposed on all the towns, that was supposed to be removed this year by the Governor, which have not been removed. The one thing he did remove, of course, was the local aid to muncipalities, State Aid. There was no problem removing that, but the mandates that go with it were not removed. I think that our continuing lobbying effort, which we have to do, as well as all other lobbying efforts on behalf of many different agencies that this Town should represented to the fullest capacity, because the size of our town is certainly much bigger than many counties in this state of ours, and the impacts out here are just as great as they are to those upstate towns, if not more so. Thank you. 1991 31.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold on the 8th day of October, 1991, a proposed Local law No. 25 - 1991, entitled "A Local Law in Relation to No Stoppincj Zone"; and WHEREAS, a public hearing was held on said proposed Local Law, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Local Law No. 25 - 1991 be and hereby is enacted as follows: LOCAL LAW NO. 25 - 1991 A Local Law in Relation to No Stopping Zone 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 92-33 (Stopping prohibited at all times) is hereby amended by adding the following: Name of Street Side County Route 48 North Location In Mattituck, from the extended curb line at the intersection of Cox Neck Road, easterly for a distance of 475 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. 31.~Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to read a proclamation, that we have done on behalf of all the School Boards in the Town of Southold in proclaiming October 28th to November Ist as School Board Recognition Week. This proclamation is dated today, October 22, 1991. Moved by Supervisor Harris, seconded by the Entire Town Board, WHEREAS, an excellent public education system is vital to the quality of life for all New York citizens and communities; and WHEREAS, school board members represent a tremendous resource as local decision makers, responding to the needs of their communities based on varying local condi- tions; and WHEREAS, school boards are the voice of their communities, serving the interest of school children and preparing them for the future; and WHEREAS, school boards continually strive for improvement and progress in education, with an understanding of the need for commitment to change and growth in New York's public education system; and WHEREAS, the men and women elected by the people as members of New York's school boards deserve recognition and thanks for countless hours of service to public education; and WHEREAS, the members of New York's local boards of education have earned richly deserved commendation and appreciation for their dedicated service to the people and children of our state; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims OCTOBER 28 - NOVEMBER 1, 1991 as SCHOOL BOARD RECOGNITION WEEK in the Town of Southold; and be it FURTHER RESOLVED that this Proclamation be dedicated to the Fishers Island School Board, Oysterponds School Board, Greenport School Board, Southold School Board, New Suffolk School Board, Mattituck-Cutchogue School Board, and Laurel School Boa rd. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Also, on this one further note, and I know how distasteful this may be, ladies and gentlemen, but I have to bring it up, because I continue to be amazed on how two Town Board members refuse to pay for legal bills, that have saved this town millions of dollars in litigation, millions of dollars in shipping costs through our challenging the New York State Environmental Conservation Law 1983 legislation, as well as alledged violations, which occurred back into the 70's, through the 80's, and it continues to amaze me why we hire firms, engage them to fight .for us, and then certain individuals, because of political expediency, decide not to vote for those bills, after they originally, and I have in front Of me a proclamation from May 17, 1991, where this Town Board unanimously engaged the service of Smith, Finklestein, Lundberg, Isler, and Yakaboski to represent the Town in a summary abatement orders, and to proceed ahead under Article 78 proceedings, and on a motion for partial summary abatement, unanimously adopted by this Board to hire this firm, and once they had been engaged, and they Continue to work for the taxpayers of this town, and fight for the taxpayers of this town, for an injustice, that we know has been done, why they continue to vote against paying for them, once they have hired them, is beyond me. I find it intolerable that individuals who represent the town, as elected officials, because of political expediency, now vote against paying individuals, that they hired. Thank you. OCTOBER 22, 1991 173 COUNCILWOMAN LATSON: Of course, we did vote initially to hire the firm, because at that time we went into the lawsuit immediately before the December 18th deadline. We had no plan available in Southold. We just had a very prelimeminary beginnin9 to our voluntary recycling program, and there's was nothing, and no other alternative for the Town Board other than to truck. A seven month period passed, and -there were no additional plans presented to the Town Board. Today we saw that a transfer station was presented, and now we're talking about going to Omni. These are things that Ruth and I are very pleased to see. We're happy to see that the Town Board is finally goin9 on course with the plan, and there was no flip-flop. Again, the Supervisor Harris' Budget $200,000.00 was cut from the landfill. If the Landfill Law goes to trial as scheduled on February 2nd, and we do have to trus't there are no provisions to trust. Now, I know sometimes the other members of the Board may not agree with our opinion, but again, we are entitled to our opinion, and I think the fact that we have withdrawn from the lawsuit have got these people to move a little bit, because prior to that they weren't doing a thing. Thank you. SUPERVISOR HARRIS: Councilwoman Latson, again, for the record, and for the ladies and gentlemen in this audience, this resolution was passed on May 17, 1991. In March of 1991, this Town Board, four members adopted a Solid Waste Management Plan. This is two months after the adoption of the Solid Waste Management Plan, not before, Councilwoman Latson, as you had mentioned. COUNCILWOMAN LATSON: Scott, I'm not going to get into it. I see that you're making a political speech. SUPERVISOR HARRIS: I am not making a political speech. I am saying that we have an active legislation to hire a firm, and now when it comes to pay the firm for the work they have done, you refuse to pay them. I find that intolerable, and that's some message to send out to work force, that this town is going to hire individuals, and then not pay them. That's all I have to say on that. COUNCILWOMAN OLIVA: This is the last meeting before election. I would like to wish all the candidates my very best wishes. I wish them all good luck. SUPERVISOR HARRIS: Vice versus, Ruth. PHILIP VANBOURGONDIEN: I happened to be away on vacation about a month ago, and I came home, and trying to catch up on the local news, reading the local papers, and I was very disturbed to see the remarks ~nade by the head of the PBA about individuals on the Town Board, and the Town Attorney. I find that very regrettable. I think it's completely out of line to single out individuals. The Town Board represents the taxpayer. They are trying to get the best deal for the taxpayer, that they can get. They should not be singled out as individuals, and when the PBA makes a statement like that, in effect they are taking a swipe at the taxpayer. They're telling me that I'm a cheapskate, just the same as if these individuals are saying the taxpayers are cheapskate. They don't want to give them this. They don't want to give them that. I think we all recognize that our Police Department does a good job. They certainly aren't overworked, and I think that if they were to sit down, and take a look at what the Suffolk County Police have to give, begrudgingly, but give, and the individuals here as taxpayers in the Town, and in the County, and the State, everybody is giving, but our Police don't want to give anything. They want more, more. It's time that they bite the bullet, and except some givebacks, I guess would be the word, but [ find it very repulsive that they came out speaking about individuals. That's completely out of line, and find it offensive. Thank you. SUPERVISOR HARRIS: Thank you. I'll entertain a motion to close. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board meeting by and hereby is adjourned at 4:50 P.M. Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry fi_,/ Southold Town Clerk