Loading...
HomeMy WebLinkAboutTB-03/27/1990361 MARCH 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. Larsen, Town Clerk Judith T. Terry, Assistant Town Attorney Matthew G. Kiernan, Superintendent of Highways Raymond L. Jacobs. Absent: Councilman Thomas H. Wickham (out of town). 9:15 A.M. - Jeanne Marriner met with the Board to encourage the To~n Board to attend the Save .the Bays Workshops that are coming up soon. She also presented an overview of the activites and goals of the Peconic Bay Task Force. Mrs. Marriner extended an invitation to attend the Montauk Earth Day observance---Ronnie Wacker, who was in the audience, informed the Board that there will be Earth Day observance activities in Southold Town.at that same time.---Along this same line, Councilwoman Larsen asked that the Town Board adopt a resolution (see no. 31) urging our New York State representatives to insure the $800,00+ budget allocation for the Coastal Management Division ~rem'ains in ,the State Budget. 10:00 A.M. - For Discussion Items: (1) Request from Town Historian Antonia Booth for the Town Hall to be open a few hours every Saturday in July for an exhibit of pictures in the meeting hall and the quilt in the lobby---Town Board agreed. Super- intendent of Highways Jacobs wilt work out the logistics. (2) Letter from the Town Trustees advising they are in receipt of an application for a wetland permit with respect to the demolition of the tanks on the Carey Tank Farm, Mattituck. (3) Letter from Harbormaster John Clavin, Fishers Island, requesting the inclusion of Hay Harbor in the mooring regulations (a local law was prepared by Assistant Town Attorney Kiernan and a public hearing set - see resolution no. 44). Mr. Clavin also asked the Board to consider allocating $500.00 for placing a piling in West Harbor, Fishers Island, to mark the boulder which has been a navigation hazard and has been struck by several large sailboats in the past (see resolution no. 32). (4) Letter from the DEC regarding an Oil Spill Preparedness meeting which will be attended by Senior Bay Constable Dzenkowski (see resolution no. 33). (5) Discussion of a proposed resolution to authorize the demolition of the above ground portion of Battery 215 at Elizabeth Airport, Fishers Island (see resolution no. 34). (6) Councilwoman Larsen to determine the status of the Mattituck inlet project and county maintenance dredging projects. (7) Receipt of resumes for the Farmland Committee, Conservation Advisory Council, Youth worker for teen dances - Board will interview on April 3rd. With respect to the resumes for Environmental Consultant for the Trustees, the Trustees will set interviews and notify Town Board. (8) Request from the Conservation Advisory Council to sponsor a poster contest, and also to hire an airplane and pilot to photograph road runoff after a heavy rain fall (see resolutions 36 and 37). (9) Request from Justice Price for two additional display stations and accompanying cable for the judges' offices in the new justice building. Supervisor will advise Justice Price that there is not enough money in the 1990 for this expenditure. (10) Set 8:05 P.M., Tuesday, April 10, 1990 for a public hearing on-a proposed Local Law in Relation to Zoning (amending Section 100- 31B(7) (see resolution no. 38). (11) Set 8:07 P.M., Tuesday, April 10, 1990 for a proposed Local Law in Relation to Zoning (amending Section 100-33 - (see resolution no. 39). (12) Letter from Peconic Bay Estates Homeowners Association concerning flooding 'n the area of Route 25 and Kerwin Boulevard, Greenport, and requesting the elimination of the passing zone in that same area (see resolutions no. 40 and 41). (13) Supervisor expressed his concern about public buildings exceeding their occupancy limits in light of the disaster that claimed 87 lives in New York City over the past weekend. A memorandum was received from Principal Building Inspector Lessard who advised that his department is presently going over all of its reports of Fire Inspections and failures to inform them as to whether any cited violations have been corrected. They are going to visit the buildings and institute a new policy that the violations be corrected immediately or be closed down. Mr. Lessard me-c with the Board at this time to review his procedures. 11:30 A.M. - Board reviewed regular meeting resolutions. 12:15 P.M. Community Development Administrator James C. McMahon met with the board to request a meeting to discuss and clarify the Affordable Housing Regulations and criteria for applicants. Supervisor will schedule a meeting in the very n, ear future. 12:50 P.M. - Recess for lunch. 2:00 P.M. Work Session reconvened. Town Attorney Arnoff also present. Board audited outstanding vouchers. 362 ~IARCH 27, 1990 2:30 P.M. Planner Valerie Scopaz met with the Board to discuss the proposed sale of a parcel of town .property at the foot of Sound Drive, Greenport - the road end where the "67 Steps" are located. It has been discovered the steps are actually on the property in question and not at the foot of the road. The Board will ask for an appraisal of the property with and without an easement for the steps. EXECUTIVE SESSION 3:30 P.M. - On motion of Councilwoman Oliva, seconded by Councilwoman Larsen, it was Resolved that the Town Board enter into Executive Session. Vote of the~-~ Board: Ayes: All. The Town Board discussed litigation with Town Attorney Arnoff and Assistant Town Attorney Kiernan. 4:45 P.M. - Work Session and Executive Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, March 27, 1990, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Harris ol~ened the meeting at 7:30 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. Larsen Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilman Thomas H. Wickham (out of town) SUP~RVISOR HARRIS: An approval of the audit of bills for March 27, 19907 Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $303,353.72; General Fund, Part Town bills in the amount of $13,471.68; Nutrition Fund bills in the amount of $1,518.39; Adult Day Care bills in the amount of $100.00; SNAP Program bills in the amount of $2,425.12; Highway Fund, Whole Town bills in the amount of $25,116.23; Highway Fund, Part Town bills in the amount of $18,450.31; Capital Projects Account bills in the amount of $105,000.00; Fuel Tanks and Police Building bills in the amount of $2,675.00; Employee Health Benefit Plan bills in the amount of $9.905.07; West Creek'Estates Road Improvement bills in the amount of $100.00; Fishers Island Sewer District bills in the amount of $70.00; Southold Agency & Trust bills in the amount of $4,838.72; Fishers Island Ferry District Agency & Trust bills in the amount of $103 . 69; Fishers Island Ferry District bills in the amount of $53,738.53. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: March 13, 1990. Approval of the minutes of the Town Board meeting of Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the minutes of the March 13, 1990, regular Town Board meetinc~ be and hereby approved. Vote of the Town Board: Ayes: Councilwoman La,sen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The next meeting date is scheduled for Tuesday, April, 10, 1990, at 7:30 P.M. Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the next rec~ular meeting of the Southold Town Board wil be held at 7:30 P.M., Tuesday, ''April 10, 1990, at the Southold Town Hall, Southold. New York. MARCH 27, 1990 Vote of the Town Board: Ayes: Cg~n~]lwoman Larsen, Counclwoman Oliva, Councilman enny, Justice Edwari~iS'; Superwsor Harris. This resolution was declared duly ADOPTED. 1. REPORTS. and 5. 6. 7. 1988. 8. 9. Community Development Report for February, 1990. Annual Report for Town Justice Raymond W. Edwards for 1989. Annual Report for Town Justice Frederick J. Tedeschi for 1989. Annual Report for Town Justice William H. Price for 1989. Supervisor's Monthly Budget Report for January 31, 1990. Supervisor's Monthly Budget Report for February 28, 1990. Fisher's Island Ferry District Financial Statements, December 31, 1989 Councilmen's Report. Supervisor's Report. 363 II. PUBLIC NOTICES. 1. U.S. Army Corps of Engineers, New York District, Application of the Suffolk County Department of Public Works to dredge with ten years maintenance with beach nourishment at Cutchogue Harbor, Little Peconic Bay, Southold. Written comments by April 6, 1990. 2. N.Y. State Department of Environmental Conservation, Notice of Complete Application of New York State Department of Transportation to replace existing bridge over Dam Pond Channel with a new wider bridge generally in the same location. Comments by April 13, 1990. 3. U.S. Army Corps of Enqineers, New York District, 'Application of Constantinos Markotsis to replace a'nd extend bulkhead, replace pier assembly and dredge with ten years maintenance at Corey Creek, Little Bay, Southold. Written comments by April 13, 1990. 4. U.S. Army Corps of Engineers, New York District, Application of Gall Schlecjal to reface a timber pier, place rip-rap, reconstruct a concrete boat rap and install a timber float in Great Peconic Bay, Southold. Written comments by April 13, 1990. 5. N.Y. State Department of Environmental Conservation, ~tice of complete Application by the Village of Greenport to install a public water supply well on the north side of North Road. 6. N.Y. State Department of Environmental Conservation, Notice of Complete Application by Villacje of Greenport to install a public water supply well on the east side of Kennys Road. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 8:00 P.M., proposal of Southold Villas, Inc. to amend the Zoning Code of the Town of Southold, by changing from "A-C" to "AHD". 2. 8:05 P.M., proposed "Local Law in Relation to Taxation:, pertaining to tax exception. V. RESOLUTIONS. SUPERVISOR HARRIS: I'd like to open it up to the audience to anyone who would like to speak on any resolution, or item that we'll be covering tonight as a Town Board. I will start on my left. Is there anybody, who would like to speak on any resolution we're entertaining tonight? (No reponse.) Anyone in the audience? (No response.) If not, we will start resolutions, and at 8:00 o'clock, we will adjourn to recess for the public hearings. 1.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Recreation Director Kenneth Reeves to purchase the 1990 Southold Town Sports Leacjue equip- ment in the amount of $1,981.00; said charge to be made to A7150.4, Sport Program. 1.~Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly~ ADOPTED. 2.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following pay schedule for the Recreation Department's 1990 Instructors: Mary Mooney-Getoff - Chinese Cooking Class - $30.00 per class Basil Northam - Outdoor Education - $55.00 per session 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 364 MARCH 27, 1990 3.-Moved by Councilwoman Olvia, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Georgia Rudder to perform secretarial serv.ces for the Southold Town Tree Committee, effective immediately through December 31, 1990, at a salary of $7.$0 per hour. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-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 a contract between the Tow:n and the Suffolk County Board of Elections for the use of the Southold Town Recreatior~-~ Center, Peconic Lane, Peconic, as a polling place for Election District #10 on the following dates: Primary Day, Tuesday, September, 1990, 6:00 A.M. to 9:00 P.M., General Election Day, Tuesday, November 6, 1990, 6:00 A.M. to 9:'00 P.M., Primary Day, Tuesday, September, 1991, 6:00 A.M. to 9:00 A.M., and General Election Day, Tuesday, November 5, 1991, 6:00 A.M. to 9:00 P.M. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Jock(~y Creek Spur, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Jockey Creek Spur, in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits (Expiration Date: December, 2000); now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances to the County of Suffolk, licenses and/or dredging permit applications to Federal and State Agencies and all other documents that may be ~ requ?~d to accomplish said dredging work. '~- 5.-vote'~)~ the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the application of Jacqueline B. Moeller for renewal of her watch- man trailer at her stable/riding school, north side County Route 48, Southold, which permit expired on April 9, 1990, be and hereby is 9ranted for a six (6) month period. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for one (1) member of the Southold Town Board of Appeals for a five (5) year term to April 19, 1995. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Mark S. McDonald as a member of the Southold Town Planninc,1 Board, effective April 30, 1990, for a five (5) year term to April 30, 1995. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Community Development Administrator James C. McMahon to travel to the Dutchess County Environemntal Management Center, MillbrQok, New York, to make a presenta- tion on the Southold STOP (Stop Throwin9 Out Pollutants) Program, on Wednesday, March 28, 1990, at 7:30 P.M., and the use of a Town vehicle, and necessary expenses for 9as, tolls, and meal shall be a legal charge against the 1990 Budget. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Assessor Robert I. Scott, Jr. to attend a five day orientation seminar on MARCH 27, 1990 3 Assessment Administration, to be~¢o~du~,t,ed ~at Otsego, New York, on June 18 - 2.2, 1990, and the necessary exp~;~"~f~)~;'~g'istrati~n,' meals, lodging and travel shall t~e a legal charge against the Assessor's 1990 Budget. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Number 11 will be held until our April 10, 1990 meeting. (Resolution granting permission for Building Inspectors to attend a Code Enforce- ment Seminar.) 12.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kathleen Simpson as an Outreach Worker for the Nutrition Program, effective April 2, 1990, at a salary of $3,120.00 per annum; said salary to be paid from the Nutrition Program Budget with funds saved by the reduction in hours of a driver. 12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, 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 pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, Notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Amendment of Chapter 100 (Zoning) of the Code of the Town of Southold by amending Section 100-13. The project has been deter- mined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. COUNCILMAN PENNY: This a change in the description of dwelling and multiple dwelling to include consisting of a minimum living area of 850 square feet. It's strictly a clarification. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, there has been presented to the Town of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" (amending Section 100-13}; 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 Planning Board and Suffolk County Department of Planning 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 Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100-13 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Dwelling, One-Family - A detached building containing one (1) dwelling unit only consistinc, I of a minimum living area of 850 square feet. 2. Dwelling, Multiple - A building or portion thereof containinct three (3) or more dwelling units, each unit consistinq of a minimum I~vinq area of 850 square feet. II. This Local Law shall take effect upon its filing with the Secretary of State. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilwoman Larsen, seconded by Councilwoman ©liva, 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 for the transfer of monies from the Park & Playground Account to the General Fund for payment of the baseball field equipment and pitching machine for the Laurel Lake Park: To: Revenues: A2025 Special Recreation Facility $ 1,853.73 Appropriations: A7110.2 Parks, Equipment $ 1,853,73 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3,6 M^.CH 27, 1990 16.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon and Sons, Inc. for furnishing and placing a minimum of 50,000 square yards of Slurry Seal on Town Roads, at a bid price of $,685 per square yard, all in accordance with the bid specifications. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby deems that all items to be purchased by any Town Department must be documented on a Purchase~-~ Order which must be signed by the Department Head and Supervisor Harris before the order may be placed for said item(s). 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Penny, seconded by Justice Edwards, 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 Zoning" (amend Section 100-262A); now, therefore, befit RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, Apri 10, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by [he 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 100-262A is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, who 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 nor 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 $150.00, as set forth in Section 100-274. II. This Local Law shall take effect upon its filing with the Secretary of State. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilwoman Oliva, seconded by Councilman Penny, 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 Zoninq" (amending Section 100-284); now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, April 10, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100-284 (Zoning) of the Code of the Town of Southold is hereby amended by deleting subsection (D) in its entirety and changing the lettering . of subsections (E), (F), (G) and (H) to (D), (E), (F) and (G) respectively. II. This Local law shall take effect upon its filing with the Secretary of State. COUNCILMAN PENNY: Just a clarification, that proposed change involves abolishing vacant land C of Os in Southold Town. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Joy Bear,-William Peters and Ralph O. Williams as members of the Landmark Preservation Committee, for a two year term, effective April 5, 1990 through April 5, 1992., 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. MARCH 27, 1990 21 .-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the TOW 13oard of t.l]e. T,-o~n of Southo d hereby authorizes ant d~rects Superv~so~ Scott L. Harrl-~' to"e~(ecute a Nutrition Program 1989 Budget 367 modification between the County of Suffolk Department for the Aging and the Town of Southold, which modification results in a zero net charge. 21.-Vote of the Town 13oard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budc3et modification to the General Fund - Whole Town 1990 Budget to ldrovide for overdrawn budget line: To: A1910.4 Insurance, Contractual Expenses $ 63,000.00 From: A1990.4 Contingent, Contractual Expenses $ 63,000.00 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. his resolution was declared duly ADOPTED. 23.-loved by Supervisor Harris, seconded by Councilwoman Larsen, it was fESOLVED that the Town Board of the Town of Southold hereby authorizes the bllowincj budget modification to the Southold Wastewater Disposal District to provide f)r overage in Insurance line: To: SS1.1910.4 Insurance, Contractual Expenses $ 130.00 From: SS1.8130.4 Sewage Treatment, Contractual Expenses $ 130.00 23.-\ote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, (2ouncilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Supervisor Harris, seconded by Justice Edwards, it was F~ESOLVED that the Town Board of the Town of Southold hereby authorizes the following budc3et modification to the General Fund - Whole Town 1~--~6 -~6-~'~t ~-~r th~ 350th Committee, to provide for T-shirt deposit (Ad Shoppe - $1,000.00) a~d Journal preparation (Marston Assoc. - $3,235.75), to be paid from 350th (2ommittee donations presently held in Trust & Agency Account: To: Revenues: i A2795 Donations $ 4,235.75 Appropriations: A7550.4 Celebrations, Contractual Expenses $ 4,235.75 24.- ote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-~oved by Councilwoman Larsen, seconded by Supervisor Harris, it was ~ESOLVED that the Town Board of the Town of Southold hereby authorizes the f011owinc~ budget modification to the General Fund - Whole Town 19-~-6-~-a-~t~-~r f~e transfer of monies from the Park & Playground Account to the General Fund r payment of the regrading, infield work, weed control, etc. for the baseball field at the Laurel Lake Park: To: Revenues: A2025 Special Recreation Facility $ 2,500.00 Appropriations: . A7110.2 Parks, Equipment $ 2,500.00 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, (2ouncilman Penny, Justice Edwards, Supervisor Harris. I his resolution was declared duly ADOPTED. OUNCILWOMAN OLIVA: Yes, and do go look at it down at Laurel Lake. It's  ally looks very lovely. PERVISOR HARRIS: This provides for some of the recreational areas, that do have in the Town. We have approximately 41 acres total. That's ali we ve, recreational space, and this addition with two baseball diamonds and so on, is badly needed in the Town, and I hope we see a lot more of them in the future. 26.-~oved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the fgllowing 1990 Budget modifications to provide for funding for the Town of Southold E]mployee Health Benefit Plan by Interfund Transfers for January and February, 1990:' General Fund - Whole Town: To: A9901.9 Transfers to Other Funds From: A9060.8 Hospital & Medical Insurance General Fund - Part Town: To: 139901.9 Transfers to Other Funds From: 139060.8 Hospital & Medical Insurance $ 59,828.40 $ 59,828.40 $ 25,514.10 $ 25,514.10 368 MARCH 27, 1990 Highway Fund - Whole Town To; DA9901.9 Transfers to Other Funds $ 6,661.20 From: DA9060.8 Hospital $ Medical Insurance $ 6,661.20 Hic.~hwa¥ Fund - Part Town To: DB9901.9 Transfers to Other Funds $ 26,583.60 From: DB9060.8 Hospital & Medical Insurance $ 26,583.60 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the ~-~. refund of $18.28 to Thomas C. Kidney, which sum represents the purchase of ~ the Vehicle & Traffic Ordinance ($12.00 + $.90 tax) and a Town Road Map ($5.00 $.38 tax); whereas Mr. Kidney was concerned with the provisions of the Zoning Ordinance (Chapter 100) - Commercial Vehicles - and was unaware he was pur- chasing the wrong regulations. 27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, .JuStice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-~loved by Councilwoman Larseh, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby makes the following appointments with respect 'to, the Friday and Saturday night teen dances: Linda Dunn as a Youth Worker (subject to the approval of the Town Board following an interview), effective immediately at a salary of $10.00 per hour, three (3) hours per night, and Richard Isaacs as the deejay, effective immediately, at a fee of $150.00 per night; said charges to be made to A7320.4, Joint Youth, Contractual Expenses. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29. -Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold ~ Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will no siqnificant effect on the environment. ~ DESCRIPTION OF ACTION: Amendment of Chapter 100 (Zoninq) of the Code of the Town of Southold by amending Section 100-191 (A). The project has been determined not to have a signifidant effect on the environment because an Environ- mental Assessment Form has 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. COUNCILMAN PENNY: This is an amendment to the Town Code for the required number of parking spaces in marinas, one space per four dry racks, one space per two boat slips, mooring or dock space, plus one space per employee. 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, we will recess the rest of the resolutions, and will now go into public hearing. Do I have a motion to do so? Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding two public hearings. Meetinq reconvened at 8:40 P.M. 30.-Moved by Councilwoman Oliva, seconded by Justice Edwards, 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 Zoning" (amending Section 100-191(A); 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 Planning Board and the Suffolk County Department of Plannin~g 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 Zoning 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 as follows: I. Section 100-191 (A) is hereby amended to read as follows: Required Number Type of Use of Parking Space Marina 1 space per 4 dry racks, 1 space per 2 boats slips, mooring or dock space, plus 1 space per employee. Il. This Local Law shall take effect upon it filing with the Secretary of State. 30.-Vote of the Town Board: A,yes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 31 .-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby urges the New York State Legislature to insure that the budget item of $800,000+ for the Depart- ment of State's Coastal Management Division remains in the New York State b~dget, whereas this allocation is critical for the health of our coastal waters and marine resource. 31.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of a sum not to exceed $500.00 for the replacement of the buoy marking the boulder in West Harbor, Fishers Island, with a piling, whereas said boulder has been a navigation hazard and has beenstruck by several large sail- boats in the past. 32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 33.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior Bay Constable Donald Dzenkowski to attend a Oil Spill Preparedness Meeting to be held at Jones Beach State Park from 10:00 A.M. to 3:00 P.M., on April 3, 1990, and the use of a Town vehicle and $5.00 fee for lunch shall be a legal charge against the Bay Constable's 1990 Budget. 33.~Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 34.-Moved by Justice Edwards, seconded by Councilman Penny, WHEREAS, the Town of Southold is engaged in an obstruction removal and lighting project at Elizabeth Field Airport, Fishers Island; and WHEREAS, a concrete building, Battery 215, located on a hill directly in front of the Runway 7 end, is an obstruction to the Runway 7 approach; and WHEREAS, Battery 215 is currently leased by the Naval Underwater Systems Center who does not use the aboveground portion of Battery 215 and has indicated they will allow its demolition; and WHEREAS, to proceed with the obstruction removal and lighting project the above- ground portion of Battery 215 must be demolished to avoid shortening Runway 7-25 to an unusable length; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the demolition of the aboveground portion of Battery 215, located on a hill directly in front of the Runway 7 end at Elizabeth Field Airport, Fishers Island, provided the Town receives written permission from the Northern Division, Naval Facilities Engineering Command, Philadelphia, Pennsylvania. JUSTICE EDWARDS: I might add, this is our only airport in the Town of Southold, that's owned by the Town of Southold. 34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harr's. This resolution was declared duly ADOPTED. 35.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to the Fishers Island Fire Department to close the following Town roads for their fund-raising marathon to be held on Sunday, May 27, 1990, between the hours of 9:00 A.M. to 10:30 A.M. (or until the marathon is ended), provided they secure and file with the Town Clerk a one million dollar certificate of liability insurance naming the Town of Southold as an additional insured: Mansion House Drive, between Fox Avenue and Equestrian Avenue; Oriental Avenue, between Fone Street and Athol; Althol, between Mansion House Drive and Crescent Avenue-. 35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 36.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby ~lrants permission to the Southold Town Conservation Advisory Council to sponsor a poster contest for ~rade school children in the categories of (1) "Don't Feed the Swans", (2) "Leaking Fuel Oil Tanks", (3) "Recycling", and award three (3) $50.00 savings bonds to the best entry in each of the categories; cost of said savings bonds to be a legal charge against the Conservation Advisory Council's 1990 Budget. 36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 37.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Conservation Advisory Council to expend an amount not to exceed $275.00 for the purpose of engaging an airplane and pilot to fly CAC member Stephen Angell over areas of Southold Town after a heavy rainfall so he may photograph the heavy runoff areas into the bays and creeks; cost to be a legal charge against the: Conservation Advisory Council's 1990 Budget. 37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 38.-Moved by Councilman Penny, seconded by Supervisor Harris, 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 Zonincj" (amend Section 100-31B(7); now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, April 10, 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 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. §100-31B(7) is hereby amended by deleting subsection (c) in its entirety and changing the lettering of · subsections (d) and (e) to (c) and (d) respectively. II. This Local Law shall take effect upon its filing with the Secretary of State. COUNCILMAN PENNY: The legislative intent of this, is the Town Board should not be concerned with a profit making profit ability of uses which are permitted by special exception since the determination to permit such uses lies with the province of the Zoning Board of Appeals. There was a sub-section in the Code which stated that golf courses and tennis courts, beach clubs, etc., once they're allowed by special exception could not make a profit. 38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 39.-Moved by Councilwoman Larsen, 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 Zoning (amend Section 100-33); now, therefore, be it RESOLVED that the Town Board hereby sets 8:07 P.M., Tuesday, April 10, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc1 on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Zoning 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. 100-33 is hereby amended to read as follows: In the Agricultural - Conservation District and Low - Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall (may) be located in the required rear yard, subject to the following requirements; II. This Local Law shall take effect upon its filing with the Secretary of Stat~. COUNCILWOMAN LARSEN: It changes the word may, is being taken out, and the word shall is being added. The legislative intent behind this amendment is to reinforce the understanding that the Zoning Code permits accessory structures as a matter of right, in the rear yard area only; not in front or side yards. MARCH 27, 1990 39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 40.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit a letter to the New York State Department 37i' of Transportation urging them to correct the severe flooding and extremely deteriorated area in the vicinity of Route 25 and Kerwin Boulevard, east of the railroad overpass, at Greenport. SUPERVISOR HARRIS: This resolution is asking for the DOT to quickly address an area, which has been deteriot-ating over the year, and due to the winter has been in an eccelerated mode, and these holes have actually turned into craters, and we're asking the State of New York to please, come and fix this area, before a car completely disappears in one of these. 40.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oiiva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 41 .-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby requests New York State Department of Transportation to conduct a traffic stud,/ for the purpose of removing the passing zone on Route 25, in the vicinity east of the railroad overpass at Greenport. 41.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 42.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq 1990 Budget modification to General Fund - Part Town to appropriate revenue received from the sale of two (2) 1986 150 HP Mercury outboard motors. To: Revenue: B2650 Sale of Scrap & Excess Materials $ 1,651.00 Appropriations: B31.30.2 Bay Constable, Equipment $ 1,651.00 42.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 43.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Tonw Board of the Town of Southold hereby authorizes the release of the $250,000 Letter of Credit placed with the Town as a bond for roads and improvements in the major subdivision of Homestead Acres, all in accor- dance with the recommendation of the Southold Town Planning Board and Superin- tendent of Highways Jacobs. 43.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 44.-Moved by Justice Edwards, seconded by Supervisor Harris, 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 Boats, Docks and Wharves; now, therefore, be it RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, April 10, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows; to wit: A Local Law in Relation to Boats, Docks and Wharves BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Section 32-39.2 (Boats, Docks and Wharves) of the Code of the Town of $outhold is hereby amended as follows: Section 32-39.2 Anchoring and Mooring in West Harbor and Hay Harbor. A. All boats temporarily anchored in West Harbor and Hay Harbor at Fishers Island shall anchor in an area assigned by the Harbor Master or Bay Constable. (1) Anchoring shall not be permitted for a continuous period of more than three (3) days unless authorized by the Harbor Master or Bay Constable, which authorization may only be granted for emergency situations. B. Permanent moorings in West Harbor and Hay Harbor at Fishers Island. II. This Local Law shall take effect upon its filing with the Secretary o;f State. 44.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 45.-Moved by Councilman ,Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $350.00 for leqal services rendered to the Town of Southold bY John J. Guadagno, Esq. in connection with Yu v. Town of Southold. ~, 45,-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 46.-Moved by Councilwoman Olvia, seconded by Supervisor Harris, WHEREAS, a proposed Local Law No. 3 - 1990 was introduced at a meeti0g of this Board held on the 13th day of March, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 27th day of March, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No; 3 - 1990 be enacted as follows: LOCAL LAW NO. 3 - 1990 A Local Law in Relation to Taxation BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Section 85-2.A. is amended to read as follows: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum of tWelve thousand twenty-five dollars ($12,025.00). "Income tax year" shall mean the twelve month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net 'ncome from self-employment, but not'including a return of capital, gifts or inheritances. In computing net rental income and net income from self employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. II. This Local Law shall take effect upon its filing with the Secretary of State. 46.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This ends the regularly scheduled portion of our meeting. Before we finish up with Councilman reports, those Councilman who do have comments to make, I will ask the public if they have anything they would like to address this Board on, and I will start at this time, on my right. Come forward, please, and state your name. Thank you. WILLIAM PELL: Billy Pell from Greenport. Good evening, Town Board, Attorney. I enjoyed reading your Town address. There are a couple of parts I would like to clarify, if you would, please? I'll read it to you, one line, Scott. The Town will save $89,000.00 as part of a compromise settlement reached this year with the PBA. Having saved $89,000,00, what did you do? WILLIAM PELL: What? Explain me the 1/60th now. SUPERVISOR HARRIS: The PBA contract was signed in September of 1989. That contract contained a statement, which says the Town will enter into a 1/60th retirement contract, which is retirement for the Southold Town Police Officers, once obtaining twenty years on the force. If we had signed at that time, and agreed to the 1/60th bill, we would have had to pay $89,000.00 into the retirement system in 1989, and then in 1990 would have had to pay anotheV $122,000.00 starting January 1st. By waiting until, and working this out with the PBA, unfortunately they filed, a greivance, because the Town had dragged it's feet during that time frame, so September through we agreed with the PBA to enter into the 1/60th bill as of April 1, which is the fiscal year of the State, and by entering into that contract as of April 1, a payment was then due as of December 31, 1990, only for the 1990 portion, the 1989 was alleviated. SUPERVISOR HARRIS: The 1/60th bill is a bill that adds a retirement to the natural retirement of a police officer after twenty years. For every year above twenty years, that he serves, he gets an extra retirement added to his pension, an actual percentage. WILLIAM PELL: So that's going to cost the Town every year from now on? SUPERVISOR HARRIS: Yes. That's right. WILLIAM PELL: Approxima,tely how much? SUPERVISOR HARRIS: $122,000.00 for 1990. WILLIAM PELL: Will it stay at that, or will it go up to the amount of police.. SUPERVISOR HARRIS! It will actually drop because as tier one members drop out, and tier two people come on board, the tier one contributions are much higher, than tier two, so the Town in a long run will eventually start reducing that amount to be paid. WILLIAM PELL: Is this appropriated in the contract, or is it a State law? SUPERVISOR HARRIS: It was negotiated in the contract, when they signed it in September of 1989. Yes. WILLIAM PELL: It, also, covers the spouse, if the officer.. SUPERVISOR HARRIS: Yes, if they elect to, there's three different retirement packages, that an officer can actually sign himself to, once he goes into the system. WILLIAM PELL: One other thing, Tom's not here tonight, is anybody prepared 'to give an update on the Waste Management? SUPERVISOR HARRIS: At this time Tom is away, and he will be back, hopefully, in the next couple of days, so at the next meeting, I'm sure he'll be able to. WILLIAM PELL: When do you plan to meet with the DEC, and what is the agenda? I read about a 28th meeting or something. SUPERVISOR HARRIS: The agenda is set up by the Task Force Technical Advisory Committee. We are meeting with the DEC tomorrow morning to go over the hydro- logical studies and other areas, that the DEC would like discuss. It's called the pre-application meeting. WILLIAM PELL: Was there a consent order approving this? SUPERVISOR HARRIS: The consent order was on an agenda, that they had' sent out. However, this Town has not received any consent order to date from the legal department of the Department of Environmental Conservation. WILLIAM PELL: Do you feel that a consent order will be discussed tomorrow? SUPERVISOR HARRIS: It appears to me, if the agenda has it on it, it would probably come up in discussion. I noticed on their agenda, they had a person from their legal department attending, as I will also, have a person from our legal department attending. WILLIAM PELL: Is that a open or closed meeting tomorrow? SUPERVISOR HARRIS: As far as I know, it is a closed mee,ting, that was set up with the Task Force and the DEC in Stony Brook Building 40. WILLIAM PELL: Stony Brook up there? Thank you. You said closed, right Scott? SUPERVISOR HARRIS: That's what I understand. Yes. Is there anybody else have anything else they'd like to bring before the Board? CHARLES ZAHRA: Good evening. My name is Charles Zahra from Mattituck. Scott, what I'd like to do here, I intend to do this evening, for your benefit, and unfortunately Mr. Wickham is not here, it's for his benefit, more importantly was to establish a record as to why I continue to come before you, in regard to this letter of October 16, 1989, for which at this time has not been completely responded to by the Town Board. A little history. My disclosure of the Building Department's files, which span approximately ten years, if you recall, it was MARCH 27, 1990 August 8th of 1988, I brought a portion of this material before the Town Board under the direction of Frank Murphy. Judy Terry was present, George Penny, Mr. Schondebare, the Town Attorney, Ruth Oliva, Jean Cochran, Ellen Larsen, were all present. Here's a copy of those minutes. I don't believe Judy has a copy of this. I paid for a private recorder to provide me with these. TOWN CLERK TERRY: That was in a work session. CHARLES ZAHRA: It does say minutes of work session. I distinctly remember Frank Murphy saying not to take notes. TOWN CLERK TERRY: Not to record. CHARLES ZAHRA:Not to record it, so I don't know what that meant. TOWN CLERK TERRY: We never do. CHARLES ZAHRA: So you don't have a record of it? If you'd like one, I have one. The material I presented was responded to at a later date by the Zoning Board of Appeals, and then the Town Attorney Jay Schondebare. See the date. I see a date here of September 26, 1988 of Jay Schondebare for his portion of it. In any event, I can not find on record anything that was done with regard to this material. Now for the most part, the material was answered, concluding on feelings what was taking place in the Building Department. Yet nothing was done. Now, I've continued to monitor the Building Department since that time, and ] see that the same thing continues to go on, and basically it's what I consider to be a blatant disregard for the Code as it's written, and as he is expected, he or she whoever in the Building Department, is expected to carry it out to it's extent, and this is what concerns me. Now, this brings me to a letter of October 16, 1989. After I submitted that letter, shortly thereafter at a work session, again unrecorded, I asked Mr. Murphy as to what was taken place with it, and at that time he told me it was turned over to Jay Schondebare. December 27, Mr. Murphy said that it was turned over to the Building Department. (tape change) 1/9/90 again, I asked the Town Board and I was told several things, one of which that they were lacking in the legal department. George said at the meeting, he would go back and spend some time with the attorney to brine it to: his atte~tic~.. At thatmeeting, I was privy to a in-office memorandum from the -- Building Department, and the following meeting I tried to receive a copy of that letter, and no one seemed to know anything about it, so the following day I submitted a freedom of information form and several days thereafter I received a letter. The letter is dated December 1, 1989. Now, Mr. Murphy said they were going to look into it 12/7. Here they'd already gotten an answer from the Building Department December 1st. Now, on the 14th, 2/14/90, I received a letter from Mr. Matthew Kiernan, Assistant Town Attorney, along with a letter from the Building Department. This is a duplicate letter, I'd already received it on my own, through the freedom of information. In it, it says, last paragraph, should you wish to discuss your earlier communication in response to the Building Inspector, would you at your earliest convenience contact this office, eitlier myself er Mr. Arnoff, the new attorney. We'llbe pleased to discuss this matter with you. I do not wish there be any misconception in regard to your inquiry. February 15th, I sent the letter to the entire Town Board regarding this matter, again, and asking for a response to the letter. March 5th, I received a letter from Mr. Arnoff, in reference your letter to the Town Board, February 15th, please be advised that the Town Board referred the matter for investigation, and appropriate action, if warranted, to the Zoning Board of Appeals. Upon securing their response, I ask again to be in touch with you, so as to satisfy your earlier request. I checked down at the Zoning Board of Appeals Office, and the secretary told me that they had not been notified officially of this matter. Now this was Friday. I spoke to Gerry, the Chairman of the Zoning Board of Appeals, he, also, told me that they had not been notified officially, of this matter. I find this very confusing and frustrating. There's such a __ thing as being timely. This is not being timely. Again, I'II read for Mr. Arnoff, ask again to be in touch with you, so as to satisfy your early request. ] called Mr. Arnoff yesterday, and seemed to think it was violation of proffessional ethics to be speaking to him, due to the fact that I'm in litagation with the Town. Well, I'm not an attorney, so I'm at a loss to challange that, although I believe he may be wrong. I feel that one has nothing to do with the other. They're two entirely different matters. At the same time, I felt I was acting responsible to his request. Now, again, I'm confused. One other thing, can I have a response from someone at this point? SUPERVISOR HARRIS: Mr Zahra, I'd be glad to entertain the Town Attorney, to comment on some of your.. CHARLES ZAHRA:I don't know, he said he's not allowed to speak to me. Are you sure this is alright? SUPERVISOR HARRIS: It's gone through the Chair. MARC.. 3 7 5 TOWN ATTORNEY AP, NOFF: M'P';:'::~'~;~ ~i''m not going to debate with you this evenin9. That's not my style, although I don't know that it's yours, however, I will point out a few things to you, so as to clarify what I said to you. You are represented by counsel, qualified counsel. Eric Bressler is your attorney. Let it be known that fact exists, and has been known to me in numerous conversa- tions with Mr. Bressler. I, in fact, discussed this matter,amongst others,with him in his office one day within the past month. I told him that we were continuin9 our investigation, and that I would copy him with any of our correspondence with you. He thanked me for that. Prior to that, I had written this letter to you. I will say to you., that havin9 done that, I said, and I stand upon my earlier position, that any off the record discussions with you, when you have not formally waived your right to counsel when knowingly represented by counsel might be a breach of ethics by me, and I certainly did not want to put myself in that position, and if you recall, my request to you is quite simple. Have Eric call me, or have him drop me a note authorizin9 me to speak with you in his absence, and I would be pleased to discuss any facets of any case with you, involving you. You said, no, you wanted to make a speech before the Board tonight, so here you are. Now, let me now address some of the issues, which you presented. I can not answer for what Mr. Murphy has choosen to do between the months of October and January. I certainly can not answer for my predecessor did, or did not do, until I 9ot here in the early part of February. However, I can assure you, that before I was ever sworn in as Town Attorney, I saw your communication, the October communication, and made an inquiry as to why it was not answered. I dictated a response to you, sayin§ that I feel that the December 1st letter is atleast a starting place, why don't we send it to Mr. Zahra? I had no knowledge that you had already requested that information through other channels. It took a few days. There was a changin9 of the guard, so to speak, secretarial personnel had to become acquainted with my style, and the letter to you went out signed by Mr. Keirnan, because even as of that date I had not be sworn in. To go further, when we received your commun cation, your next communication, saying, hey, I'm not satisfied with your response. I took the matter under advisement, and I said I think you're correct. So we're going to refer the matter to appropriate agency, that being the Zoning Board of Appeals. Now, we're talking about two weeks, Mr. Zahra, not two months, not five months, since I've been involved with the case. I will say to you, that I have an inter-office memo here dated March 2nd, giving this matter to the Zoning Board of Appeals. As recently as this evening, I met with Mr. Goehringer, myself, and I have no explanation as to why that memo never reached Mr. Goehringer. It will be in his office, together with the appropriate file tomorrow morning, but I can assure you, and you're welcome to look at, the copy of the letter of transmittal between myself and Mr. Goehringer dated March 2nd. Now, I don't even attempt, I'm not even attempting to respond to your inquiries. That is a matter for another Board, and is not for me to comment at this point, but I certainly trust that answers your question. .C-HA.RLE_S-7-~A~IrI~A:Thank you very much. Maybe, I could ask George a question here, bein9 he was under that previous administration when these minutes were taken. Maybe you'd like to comment why no action was taken at that time, with regard to these questions, that were brought up, and the answers given by the Town Attorney, and the Zoning Board of Appeals. I don't mean to pick you out, George, but you were there. COUNCILMAN PENNY: It was deferred to council at that time. That's exactly what you were told before was true. .CH.AP~LES ZAHRA;~3at it was referred to counsel? COUNCILMAN PENNY: That's right. CHARLES ZAHRA:When I spoke to Mr. Schondebare, in cluclusion of his remarks, he told me at that time, that it was up to the Town Board., I'll read to you the comment from Mr. Schondebare's response. TOWN ATTORNEY ARNOFF: Mr. Zahra, before you read a little more into the record, I'd like to know what your purpose is in dwelling on the past. We are here. This is a new administration. I'm new to this job. I have told you, that within virtual my immediately ascending to this postion, I took care of your request. Now, if there was a ProCedural snafu, that managed to tie this up for another week, that's my fault. I take the blame for that, but I think that to go back to why Mr. Murphy, and he's not here to answer your question, did or didn't do anything, is a waste of everyone's time. You're free to do so. This is a public forum, but I think you should know that. CHARLES ZAHRA: First off, I'm not asking Mr. Murphy, as tO what he did. I asked George as to what took place. Second, regardless if it's a new administra- tion or not, the material is still basically fresh, and timely. Okay? I've researched it. Okay? If one commits a murder th.ree years ago, and a new attorney takes TOWN ATTORNEY ARNOFF: Certainly not. CHARLES ZAHRA: Maybe it's a poor analogy. TOWN ATTOWNEY ARNOFF: I think it is. CHARLES ZAHRA: But I'm trying to make a point here. TOWN ATTORNEY ARNOFF: I think it's a very poor analogy, Mr. Zahra. CHARLES ZAHRA: Bear with me, I'm not as qualified as you are. TOWN ATTORNEY ARNOFF: Which is precisely why I said I'd prefer to talk to your attorney. CHARLES ZAHRA: This is from the office of the Town Attorney, Mr. Schondebare, and his comments on the bottom, with respect to what George mentioned, that it was turned over to counsel. His comments on the bottom he goes, the following memos ...... 1, also enclose for your consideration and guidance, the opinion of the State Comptroller concerning the Town Board's apparent to investi- gage allegations of misconduct. At the present time, and until the Town Board decides otherwise, material COntained herein is confidential, and not subject to the freedom of information. Basically, that was his answer back to you, the Town Board., so you can't blame Jay for it. The ball is back in your court. I'd like to read, basically, 'what the State Comptroller says. He says the Town Board has inherent powers to investigate legitimate allegations of misconduct on the part of Town officers or employees. Just wanted to enter that for the record. TOWN ATTORNEY ARNOFF: Mr. Zahra, I believe the Board is fully aware of what they're in power to do, and not do. CHARLES ZAHRA: You can't answer that question, George, I asked you? COUNCILMAN PENNY: What question? You've given a lot of different things here, Charlie, and without having the opportunity to review the statement and the time frames and the dates of the material, which you are reporting from here, which is six months old. I'm sorry, I don't feel free to comment on it. This is not an inquisition. This is a Town Board meeting. CHARLES ZAHRA: So you're saying, that you don't have copies of any of this material, that you sat in on? TOWN ATTORNEY ARNOFF: I don't think that was said at all, Mr. Zahrao I find it objectionable that you're characterizing what certain people are saying in another light. I think the record is being made here, and it's quite clear what they're saying, and you're choosing to verbally change that. I think, it's not only improper, but calculated on your part to do something other than attempt to glean the information you seem to want so desperately. CHARLES ZAHRA: I just want some answers to a question. TOWN ATTORNEY ARNOFF: And we're attempting to get it for you, sir, and that's my response. CHARLES ZAHRA: When can I expect that answer? In what form? TOWN ATTORNEY ARNOFF: Once the Zoning Board makes a determination, we will, again, be in touch with you, but not until. You'll have to take that up with the Zoning Board after it's in their hands, which should be tomorrow. CHARLES ZAHRA: Thank you very much for your time and consideration, ladies and gentlemen. SUPERVISOR HARRIS: Thank you, Mr. Zahra. Is there anybody else? (No response.) Is there anyone from the Board have anything further to add? COUNCILWOMAN LARSEN: I Would like to..John Baglivi, the President of the PBA, his wife had a baby girl, and .today the Town Board offers their congratu- lations. SUPERVISOR HARRIS: The To~wci. B0ar~t certainly offers it's congratulations. Motion to adjourn? Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board meeting be and hereby's adjourned at 9:20 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Southold Town Ciera