Loading...
HomeMy WebLinkAboutTB-05/22/1990426 SOUTHOLD TOWN BOARD MAY 22, 1990 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV (11:00 A.M.), Councilwoman Ellen M. Larsen, Councilmarl Thomas H. Wickham, Superintendent of Highways Raymond L. Jacobs, Assistant Town ~Attorney Matthew G. Kiernan, Town Attorney Harvey A. Arnoff (11:50 A.M.), Town Clerk Judith T. Terry. Absent: Councilwoman Ruth D. Oliva (ill). 9:15 A.M. Abicjail Wickham and her clients Wendy Norris and husband Harold Grant, met with the Board to discuss Ms. Norris' offer to sell her property on New Suffolk Avenue, fronting on Marratooka Lake, Mattituck, to the Town. Ms. Wickham expressed her client's concern about public access to the property and the lack of parking facilities, since New Suffolk Avenue is a rapidly traveled road and people would be inclined to park on the shoulder. Supervisor Harris expressed his concern about limiting access, since the taxpayers in the Town of Southold would be paying for the property and feels some picnic tables and the ability to feed the wildlife should be permitted. The Board set 8:10 P.M., Tuesday, June 5, 1990 for a public hearing on the question of the acceptance of the offer of Wendy Norris for the sale of this property to the Town under the Open Space Program. In the meantime, Assistant Town Attorney will obtain from Attorney Wickham proposed covenants and restrictions pertaining to a prohibition of erecting buildings or structures on the property; keeping the property mowed and clean; and providing Wendy Norris with the right of first refusal should the Town ever decide to sell the property. 9:35 A.M. - Cynthia Beer, Traffic Committee representative of the Orient Associastion, met with the Board to discuss the problems caused by the constant flow of traffic from the Orient Point ferry. The Association sponsored a traffic study in July of 1989 and it was determined there are over 3,000 cars a day. The Association is looking for a resolution from the Town Board in support of alternate routes - possibly another crossing at Shoreham to New Haven, another at Montauk to New London, althoug~ that does not have local support, Councilman Penny suggested a ~meeting w;ii~st Hampton Town officials to discuss the matter, Mrs. Beer invited the Board to~at,t, end the June 2nd Orient Association meeting, 10:20 A.M. Fred Miner and Ed Wisowaty of the TRY-5 met with the Board to introduce the song they have written for the 350th celebration entitled, "Children for the Future". They propose to donate the revenue from sales to Lyme Disease rearch for the first two years, after that they would share the profits 50/50. The other members of the TRY-5 are Greg King, Keith Tyrer and Gail Alexander. Children from all of the Town schools will meet at 12 Noon at the Greenport School to record their part of the song. 10:30 A.M. Michael Zweiq, Chairman of the Planning Committee for a proposed "Planning the North Fork: Towards a Vison for the Future" conference to be held on Saturday, September 15th at the Southold School met with the Town Board. Mr. Zweig reviewed the agenda for the conference, and asked the Town Board to co-sponsor the conference and provide $2,000 toward expenses. Supervisor Harris advised that the budget is in bad ~hape and at the present time there is no money available. Justice Edwards stated he is unconfortable with some of the people involved with the conference - they are in litigation against the Town, and would not vote to contribute. Councilwoman Larsen said they would have her support. 10:55 A.M. - Former Councilwoman Jean Cochran met with the Board to bring them up to date on the plans and program for the 350th Committee's Education Project, whereby murals which have been prepared by students from all the Town schools would be .dedicated to the Town on June 5th. Arrangements have been made for a bus tour and host families for the Fishers Island students who will arrive on June 4th. The dedication ceremony will take place at Horton Park, Greenport, the site of the Greenport-Southold Chamber of Commerce building .----On another subject, Mrs. Cochran, Chairman of the Town's Substance Abuse Committee, updated the Board on the committee's progress. Currently they are planning summer dances at the Wharf House, Southold. 11:15 A.M. Bruce and Melinda Vitale met with the Board to request permission to place a single family watchman trailer on their property on the south side of Sound Avenue, Mattituck. Currently there is a carpenter shop on the property which has been robbed twice in the past, and people are constantly dumping debris on the property. Mr. and Mrs. Vitale plan to building a home there within two years. The Board placed resolution no. 43 on the agenda granting a temporary six month permit, not to exceed two years of renewals. 4 2 7 11:50 A.M. For Discussion Items: (1) Decision on the petition of Southold Vi~las, Inc. for a change of zone (see resolution no. 41). 12:45 P.M. - Recess for lunch. 2:10 P.M. Work Session reconvened and the Board continued with For Discussion Items: (2) Decision on appbinting a member to the Conservation Advisory Council - hold to June 5th. (3) Waiver of yard sale fees for non-profit groups - to be considered on a case-by-case basis. (4) Councilman Wickham reviewed the' proposed brochure on the Town's Recycling Program E2RA will pay the cost. Mr. Wickham also advised he will be attending the Fishers Island Civic Association's annual meeting on May 26 and speaking on waste management. (5) Letter from Howard Hancock, Chairman of the Fishers Island Garbage and Refuse District, asking for a resolution of the Town Board regarding their responsibility to the residents of Fishers Island in the event that the Garbage and Refuse District is dissolved (see resolution no. 46). (6) Letter from the Board of Fire Commissioners, Orient Fire District, concerning. the arrangement with the Planning Board for the local fire districts to chose locations for fire protection wells.--The Planning Board will be asked to research widen the aforementioned provision was put into law. (7) Receipt of an application from William Moore, attorney for Robert Pfluger, B.P. Wreckers, Ltd., for a permit to operate the temporary storage of discarded vehicles, scrap metal and resources for salvage and recycling pursuant to Chapter 48 of the Southold Town Code. Mr. Moore will be asked to meet with the Board on June 5th to discuss this application. (8) Letter from A. John Gada, Jr., Fishers Island, concerning the need to use the Fishers Island Sewer District system to dispose of sewage, since presently the only alternative is is ti dispose of it on the mainland and that is very costly. Mr. Gada suggests a surcharge for the first load and a graduated reduction in cost per load per household. 'The Town Clerk will transmit Mr. Gada's to the Town's consultant for the district, AR Lombardi Associates and ask for their direction. 2:45 P.M. - Code Enforcement Officer Vincent Wieczorek was asked to meet with the Board to discuss enforcement of the zoning ordinance concerning flags and banners. EXECUTIVE SESSION 3:15 P.M. On motion of Councilwoman Larsen, seconded by Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: All. Town Attorney Arnoff discussed litigation with the Board. 5:55 P.M. - Board reviewed regular meeting resolutions. 6:15 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, May 22, 1990, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance for the Flag. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ellen M. Larsen Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Ruth D. Oliva (ill) SUPERVISOR HARRIS: A motion to approve the audit of bills for May 22, 19907 Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby ordered paid: General 428 MAY 22, 1990 Fund, Whole Town bills in the amount of $111,824.27; General Fund, Part Town bills in the amount of $31,797.46; Nutrition Fund bills in the amount of $4,635.95; Adult Day Care bills in the amount of $404.05; Home Aide Program bills in the amount of $221.80; SNAP Program bills in the amount of $4,757.95; EISEP Program bills in the amount of $239.20; Highway Fund Whole Town bills in the amount of $7,151.07; Highway Fund Part Town bills in the amount of $14,817.93; Capital Projects Account bills in the amount of $68,000.00; Employee Health Benefit Plan bills in the amount of $14,582.14; Fishers Island Ferry District bills in the amount of $8,512.01; West Creek Estates Road Improvement bills in the amount of $2,412.00; Southold Wastewater District bills in the amount of $109,149.09; Fishers Island Sewer District bills in the amount of $1,831.18; Fishers Island Ferry District Agency & Trust bills in the amount of $58.58. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman /arsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Could have a motion approving the minutes of the Town Board of May 8, 19907 Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the minutes of the May 8, 1990, re~lular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The next meeting date is going to be Tuesday, June 5, 1990, 7:30 P.M. Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, June 5, 1990, at the Soutold Town Hall, Southold, New York. Vote of t-he Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Town Trustees Report for April, 1990. 2. Scavenger Waste Treatment Facility Report for April, 3. Town Justice Price's Report for April, 1990. 4. Town Justice Edwards Report for April, 1990 5. Police Department Report for April, 1990. 6. Supervisor's Monthly Report for April, 1990. 7. Cablevision Report for March and April, 1990. 8. Councilmen's Report 9. Supervisor's Report. 1990. II. PUBLIC NOTICES. 1. U. S. Corp. of Army Engineers, New York District, Special Public Notice regarding the Clean Water Act Section 404 Regulatory Pro~ram and Agricultural Activities. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Mattituck Holdinq Corporation's proposal for the demolition of an existing above ground petroleum s~orage tank farm. This project incl!udes three 250,000 gallon tanks, three 100,000 gallon tanks and two 20,000 gallon tanks. Comments by June 7, 1990. !11. COMMUNICATIONS. IV. PUBLIC 'HEARING. None. 1. 8:00 P.M. Public hearing on proposal to Amending Zoning Ordinance and Map. SUPERVISOR HARRIS: At this time, before we open it up to the public for any comment 'they would like to make on resolutions, that we are entertaining tonight, we'd like to present two individuals with their badges for obtaining the ra'nk of Sergeant. At this time I'd like to call forth Sergeant Joe Reiter, and Ty Cochran, and Chief Winters, and their families are here to witness this momentous occasion, and I will come down. Chief, if you would do the honors? Gentlemen, the Town is proud of the accomplishments you've acheived in your career as Police Officer, and we wish you many more years of success in your endeavors, and so again, congratulations on behalf of myself and the Town Board. We appreciate your indulgence at this time, and congratulations to the families involved. We know that you've put up with a lot of years endurance, and we know that this occassion is one, that I'm sure you'll be proud of for years to come. Congratulations. V. RESOLUTIONS. SUPERVISOR HARRIS: Town Board meeting. MAY 22, 1990 429 At this time, we'll return to our regular portion of out We will ask any member of the audience, if they wot~id like to entertain any resolution, that we will be acting on tonight. (No response.) Seeing none, we shall commence with our resolutions. 1.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget for the transfer of monies from the 350th Committee's Donated Funds held in Trust & Agency: To: Revenues A2705 Donations $ 5,000.00 Appropriations A7550.4 Celebrations, Contractual Expenses $ 5,000.00 1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to mention that the absent of Councilwoman Ruth Oliva tonight. She is undergoing some surgery, and we wish her well, and the Town Board misses, and we hope for a speedy recovery. 2.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the Geneal Fund - Whole Town 1990 Budget: To: A9901.9 Interfund Transfer $ 8,716o00 From: A1620.4 Buildings & Grounds, Contractual Exp. $ 8,716.00 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Number 3 will be held for discussion on June 5. (Resolution with respect to Board or Committee reappointments.) 4.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission- to the Southold High School Band to use Oaklawn Avenue and Jernick Lane, Southold, to practice marching in preparation for the Memorial Day Parade, on May 18, 21, 22, 23, 24, 1990, from 7:15 A.M. to 7:45 A.M. on each date, provided they secure and file with the Town Clerk a Certificate of Liability Insurance in the amount of One · Million Dollars naming the Town of Southold as an additional insured. 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Supervisor Harris, seconded by Councilman Penny, WHEREAS, the WESTERN SUFFOLK COUNSELORS' ASSOCIATION is sponsoring their 23rd ANNUAL EMPLOYMENT DAY on Thursday, May 31, 1990; and WHEREAS, EMPLOYMENT DAY was established to provide an opportunity for high school students to explore the world of work prior to graduation; and WHEREAS, this. program provides high school seniors with the unique opportunity to speak with many prospective employers from Suffolk County regarding job possi- bilities on Long Island; and WHEREAS, on this 23rd ANNUAL EMPLOYMENT DAY business, trade and technical schools will be invited to attend, as they offer another option to students who may not, for a number of reasons, be ready to join the work force immediately after graduation; and WHEREAS, it is this type of response to changing time and conditions which has made EMPLOYMENT DAY of continued value to the high school students in Suffolk County; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby Proclaims MAY 31st as EMPLOYMENT DAY, 1990 in the Town of Southold. DATED: May 22, 1990. 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Police Chief H. Daniel Winters to attend the annual training confererence of the New York State Association of Chiefs of Police, at Albany, New York, on August 26 through 30, 1990, and the use of a Town vehicle for travel, and necessary expenses for meals, lodging and registration shall be a legal charge against the Police Department's 1990 Budget. 4 3 0 M^v 22, 1990 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $350,000 reduced Letter of Credit submitted by Nell Recjo for roads and improvement~ in the maior subdivision of Chardonnay Woods, all in accordance with the Town Board's resolution of April 10, 1990 authorizing the reduction from $442,685.00 to $350,000.00, as recommended by the Southold Town Planning Board. 7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, 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 amends their Resolution No. 20, adopted on September 26, 1989, with respect to returned check charc, le: (addition underlined) "RESOLVED that the Town Board of the Town of Southold hereby imposes a returned check charge of $15.00 ~o beadded to any amount owing to the Town where a tendered payment of such amount was by a check or other written order which was returned for insufficient funds or any reason related thereto, in accordance with Section 85 of the General Municipal Law; and BE IT FURTHER RESOLVED that the Town may require, after a check has been returned for insufficient funds, future payments to be tendered in cash or by certified or cashier's check, in accordance with Section 4 of Section 85 of the General Municipal Law." 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby approves and adopts the followinc~ amendment to Chapter A106, Subdivision of Land, from the Code of the Town of Southold, as approved by the Southold Town Planning Board following a public hearing on same held on May 14, 1990; I. Section A106-38E.(3) (Money in lieu of land) of the Code of the Town of Southold is hereby amended to read as follows: (3) The amount to be deposited with the Town Board shall be two thousand dollars ($2,000.00) per lot for each vacant lot in the subdivision. For the purpose of this Section, a vacant lot shall be construed as a lot that does not contain an existing residential structure at the time the subdivision receives final approval. In a subdivision contain- ing lots designated as affordable pursuant to the Town's affordable housing code, those lots so designated shall be exempt from this computation. AND BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this amendment to General Code Publishers Corp. so they may make the appropriate amendment to the Southold Town Code. 9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilwoman Larsen, seconded by Councilman Penny, WHEREAS, on April 24, 1990 there' was presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to BuildinrJ Permit Applications"; and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 5, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc~ on said proposed Local Law which reads as follows, to wit: A LOCAL LAW IN RELATION TO BUILDING PERMIT APPLICATIONS BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 '(Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-281 A. is hereby amended to read as follows: A. Applications. Every Application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed with the Building Permit Application to enable the Building Inspector to examine such plans to ascertain MAY 22, 1990 431 if the proposed building will comply with applicable building construction, housing and fire codes. II. This Local Law shall become effective upon its filing with the Secretary of State. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Agway Energy Products of Riverhead, in the amount of $23,994.00, for the installation of Fuelinc. I Systems for the Police Department, Landfill, and Highway Department, all in accordance with the bid specifications, and certification by the Suffolk County Department of Health; and be it further RESOLVED that the Town Board hereby requires that Agway Energy Products of Riverhead file with the Town Clerk, prior to the commencement of the project, a Performance Bond in the amount of $23,994.00 as surety for the faithful perf6r- mance of the installation of the aforesaid Fueling Systems, said bond subject to the approval of the Town Attorney. 11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby en~]ac~es the services of William F. Mullen, Jr. as the Town's Insurance Consultant, effective July 1, 1990 through June 30, 1991, at an annual fee of $15,000.00, payable in twelve (12) monthly payments of $1,250.00 per month; Mr. Mullen to provide complete insurance service for the-Town of Southold. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by J~lsti~'.Edwa~-d~ seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to hire Jill E. Rogan as a part-time automobile reservations clerk, effective immediately, at a salary of $7.50 per hour. 13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- intendent of Hic.~hways Raymond L. Jacobs to purchase Bituminous Surface Treatment (single course for pavement) from the Suffolk County Department of Public Works, Letting GHR 1990 awards. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- intendent of Highways Raymond L. Jacobs to purchase Asphalt Concrete Type 2A Patching Mixture (picked up) Cold Mix from the Suffolk County Department of Public Works, Letting GHR 1990 awards. 15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, 'Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- intendent of Highways Raymond L. Jacobs to purchase Latex Modified Emulsified Asphalt Pavement Course from the Suffolk Department of Public Works, Letting GHR 1990 awards. 16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the -Eown Clerk to advertise for bids for an Annual Contract to furnish and place Asphalt Concrete within the Town of Southold, as may be required, for a period of one (1) year. 17-.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Council:man Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 432 MAY 22, 1990 18.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to a~dvertise for bids for the purchase of 1,000 Tons, more or less as may be needed, of Sand Mix Asphalt, furnished and placed. 18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Coun~:ilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of 5,000 linear feet of Snow Fence with pickets, in 100 linear foot rolls (more or less as may b'e needed);~ and 500 - 6 ft. studded steel "T" posts (more or less as may be needed). 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was RESOLVED that The Bridgehampton National Bank be desic~nated as a depository of the Town of Southoid and that funds of this Town deposited in said I~ank be subject to withdrawal upon checks, notes, drafts, bills of exchange, acceptances, undertakings or other orders for the payment of money when signed on behalf of this Town by any one (1) of its following officers, to wit: Scott L. Harris, Supervisor, George L. Penny IV, Deputy Supervisor. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby desicjnates that $1,000,000.00 securities are hereby required by The Brid.gehampton National Bank, a designated depository of the Town; and be it further RESOLVED that authorization for increase and decrease of securities shall be subject to the approval of the Supervisor. 21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that a facsimile signature be and hereby is authorized to pay all checks, drafts and other instrument for payment of money drawn upon the accounts of the Town of Southold by Supervisor Scott L. Harris, in amounts not to exceed $2,500.00, on The Bridgehampton National Bank. 22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-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 Peddlincj and Soliciting"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, June 5, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on said proposed Local Law which reads as follows, to wit: A Local Law in Relation to Peddling and Solicting BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold is hereby amended to read as follows: I. Section 69-100 is hereby amended by adding additional Legislative Intent as follows: A. The Town Board of the Town of Southold has determined that there has been a substantial increase in the number of stationary roadside I~-':~cllers selling their wares from vehicles, trailers, and makeshift stands on vacant, unimproved land adjacent to major highways. B. It has further been determined that this increase of stationary roadside peddlers is contrary to the public policy of the Town of Southold and is detrimental to the health, safety and general welfare of the citizens of the Town and to the safe flow of vehicular traffic on the highways within the Town. C. It is therefore necessary and proper pursuant to the powers granted unto the Town by virtue of Town Law Section 136 to regulate the practice of peddling. D. Except as otherwise provided herein, it is the intent of this ordinance to regulate mobile and stationary peddling while at the same time phasing out the practice of stationary peddling. MAY 22, 1990 433 E. This ordinance is Town Law Section 136- and is nog intend Town's zoning poser, and therefore, no vested rights accrue with regard to the land indicated on any license. 2. Section 69-101 (Definitions) is hereby amended by adding the following additional definitions: MOBILE PEDDLERS LICENSE - The license issued to a peddler who goes by vehicle from place to place or street to street selling or offering his goods or merchandise for sale. STATIONARY PEDDLERS LICENSE - The license, issued to a peddler who, without going from place to place or street to street sells or offers his goods or merchandise for sale from a vehicle. 3. Section 69-103 Ss hereby amended by adding the following additional Application Requirements: M. If the application is for a license to handle food in any form, the applicant shall submit proof that he or she has complied with the provisions of the applicable Suffolk County Public Health Ordinances. N. In the event that any other licenses or permits shall be required by any other governmental agency in connection with the applicant's business, same shall be produced by the applicant, and the Town Clerk shall duly note the same. O. Applicant shall provide proof of insurance for a minimum sum of $100,000.00 for personal i.njury and property damage suffered by any persons as a result of the peddler's use of property or other actions. P. Applicant shall provide proof of New York State Motor Vehicle Registration and insurance for the vehicle to be used. Q. Applicant shall provide proof of New York Sales Tax Identifica- tion number (if applicable). 4. Section 69-111-C.[3) is hereby amended to read as follows: C. The peddling of food and similar produce by farmers and persons producing such commodities. 5. Section 69-113 (Penalties for offenses) is hereby amended to read as follows: Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation punishable by a fine of not less than $250.00 nor more than $5,000.00 or by imprisonment for a term of 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued a separate and distinct offense hereunder. 6. Section 69-114 (Prohibited Activities) is hereby added to read as follows: Peddling in street and adjoining property; permitted and prohibited locations. A. No person possessing a mobile peddlers license shall permit his vehicle to remain stationary for the purpose of peddling except while sales are actually being conducted and customers are waiting for the delivery of goods which they purchased. B. Those persons possessing a stationary peddlers license will be permitted to sell their goods or merchandise only at the site indicated on the license. C. ~ In the interest of public safety and due to traffic hazards -caused by stopping of motor vehicles therefore, no peddler shall conduct business or suffer or permit his vehicle to remain stationary for the purpose of peddling along .the following highways or any portion of a lot which is adjacent to: (1) New York State Route 25 (2) County Road 48 (North Road) (3) New York State Route 25A and Sound Avenue (4) Love Lane, Mattituck, and any intersecting street within 500 feet of number (1), (2) and (3) above 7. Section 69-115 (Peddling on State Highways) is hereby added to read as follows: No peddler shall occupy any part of the State Highway for the purpose of peddling. For so long as the same is governed and regulated by State law,. violation herein should be punishable in accordance with the State Law. (Vehicle and Traffic Law §§1157(c) and 1800). 8. Section 69-116 (Size, Placement and Removal of Motor Vehicles used by Peddlers) is hereby added to read as follows: A. No vehicle which e×ceeds 25 feet in length in whole or in part shall be used by any peddler. B. The vehicles used by licensed stationary peddlers shall be placed only on the hard surface parking area of the premises in which they wish to locate and not the driveway, aisles or walkways. 43:4 MAY 22, 1990 C. BetWeen the hours of 9:00 P.M. and 7:00 A.M. all vehicles used by any licensed stationary peddler shall be removed from the site indicated on the license and any remaining portion of the property upon which that site is located. 9. Section 69-117 (Use of Signs and Displays) is' hereby added to read as follows: A. All signs used for any purpose by peddlers including those signs which are painted on or attached to his or her vehicle subject to the regulations of the sign ordinance of the Town of Southold. Portable or free-standing signs are prohibited. B. No peddler shall display merchandise if it is for sale other than on his person or in the vehicle used by him or her. Display of merchandise on the ground or on moveable structures outside the peddlers vehicle is not permitted. C.Only umbrellas which are mounted to the vehicle are permitted. II. This Local Law shall take effect upon its filing with the Secretary of State. 23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly. ADOPTED. 24.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an acceptance of the proposal of A.R. Lombardi Associates, Inc. for On-going Operation and Maintenance Engineering Services for 1990 and 1991 for the Fishers Island Wastewater Disposal System, at a lump sum cost of $1,950.00 annually - total fee not to exceed $3,900.00 for 1990 and 1991 for the annual review of power consumption based upon the Fishers Island Utility District's records and determination of the performance of the pump station; perform annual tests of the pumps to determine performance.; perform an annual inspection of the community leaching system valves, chambers, distribution and leaching field; prepare a letter report annual summarizing their findings for the aforesaid items; and be it further RESOLVED that for additional services that may be required billing will be on a time and materials basis in accordance with the standar rates of A.R. Lombardi Associates, Inc. as set forth in their proposal. 24.rVote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by' Councilwoman Larsen, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Caroline Fetzko as an EISEP Aide, effective May 17, 1990, 20 hours per week, $5.50 per hour, AND as a Brief Respite Aide, effective May 21, 1990, 20 hours per week, $4.50 per hour. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the town of Southold hereby appoints Mary Coyne as an EISEP Aide, effective May 17, 1990, 20 hours per week, $5.50 per hour, AND as a Brief Respite Aide, effective May 21, 1990, 20 hours per week, $4.50 per hour. 26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Carlisle as Beach Manager for the 1990 summer season, effective June 25, 1990, to work Monday through Friday, 11:00 A.M. to 5:00 P.M., at a salary of $10.00 per hour, plus mileage at 20¢ per mile. 27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was RESOLVED that the .Town Board of the Town of Southold hereby appoints Arthur Quintana as Beach Manager for the 1990 summer season, effective June 30, 1990, to work Saturday and Sunday, 11:00 A.M. to 5:00 P.M., at a salary of $10.00 per hour, plus mileage at 20(: per mile. 28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $159,621.00 Performance Bond submitted by Sebastian J. Navarra, Luis San Andres, and David J. Saland for roads and. improvement in the maior subdiv~.on of Wolf Pit Associates, MattituCI<, '~ ~'~'~"?"~ ...... ' all .n at~cordance with the Town Board's resolution of November 28, 1989 approving the amount of the bond as recom- mended by the Southold Town Planning Board and Sidney B. Bown & Son, Consulting Engineers. 29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to employ David S. Bennett and Shane J. Clarke as part-time Deckhands, effective immediately, at a salary of $5.50 per hour. 30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. '31.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to cjrant salary increases, effective June 14, 1990, to the following personnel at the rates shown below: Alligood, Thomas- Purser Barnard, Walter - Ferry Captain Barrett, Frederick C. - Deckhand Davis, Robert P.- Deckhand Driscoll, Justin M. - Deckhand Ewing, Christopher- Deckhand Gelman, Michael - Deckhand Goulis, Alexander- Deckhand Haugland, Harold- Purser Henderson III, William - Purser Henderson IV, William - Deckhand Henderson, Daniel- Deckhand Henson, Eugene - Marine Operator Hobart, Peter M. - Deckhand Kingsbury, Brian - Ferry Captain Kopij, Henry - Deckhand Londregan, Jeffrey - Deckhand Mahar, Richard- Purser Moroney, Kevin - Deckhand Niedojadlo, Richard- Deckhand Orr-Novak, Victoria - Freight Agent Piacenza, John - Purser Rice, Aaron - Deckhand Stankiewicz, Donald- Purser Stepanek, Charles - Reservation Clerk Stepanek, Evelyn - Reservation Clerk Toivonen, William - Deckhand 9.67 11.90 7.63 7.07 6.21 6.94 6.01 9.67 9.67 9.67 6.01 6.01 11.90 6.21 11.90 9.67 6.21 9.67 7.63 5.62 6.69 9.67 8.34 9.67 8.03 8.03 7.63 31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED tha-t 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_: Proposed "Local Law in Relation to Zonincj Definitions". The project has been determined 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: The nature of this is to add a definition of apartment, apartment house, living area, habitable floor area and dwelling unit to definition section of the Town Code. 32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 33.-Moved by Councilman Penny, seconded by Councilwoman Larsen, 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 Definitions", now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed 436 MAY 22, 1990 to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planninq in accordance with the Code of the Town of $outhold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Zoning Definitions. 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 to read as follows: 1. Section 100-13 (Definitions) is hereby amended by adding the following definitions: APARTMENT - an entirely self-contained dwelling unit consisting of a minimum of 450 square feet of living area containing complete house- keeping facilities for only one (1) family, including any domestic servants employed on the premises and having no enclosed space (other than vestibules, entrance hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit" and/or apartment: APARTMENT HOUSE - A building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments. LIVING AREA - See "Floor Area, Livable". HABITABLE FLOOR AREA - See "Floor Area, Livable". 2. Section 100-13 (Definitions) is hereby amended by amending the following definition: DWELLING UNIT - a building or entirely self-contained portion thereof consisting of a minimum living area of 850 square feet containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any "dwelling unit". A house trailer, a boarding - or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure - shall not be deemed to constitute a "dwelling unit". II. This Local Law shall take effect upon its filing with the Secretary of State. 33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, we will recess to get into a public hearing, that we have scheduled at 8:00 o'clock. Due to an omission on the agenda, that was prepared here, there was one public hearing tonight. That is in reference to Robert B. and Katherine C. Hailikias to amend the Zoning Code, including a Zoning Map of the Town of Southold and Suffolk County. We're changing an "A-C" agricultural-conservation district to "B" general business district. I'll make a motion to recess. Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, J.ustice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Reconvened at 8:10 P.M. 34.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Board member and the Town Attorney to travel to Fishers Island on Saturday, May 26, 1990, to attend the Fishers Island Civic Association meeting, and necessary expenses for travel and meal shall be a legal charge against the Town Board's 1990 Budget. 34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 35.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Principal Account Clerk John Cushman to attend the Suffolk County Comptroller's Association luncheon meetin9 to be held on Friday, June 1, 1990 at the Holliday Inn, Plainview, and the use of a Town vehicle and necessary expenses for~ luncheon shall be a legal charge against the Accounting & Finance DepartmSnt~s 1990 Budget. 35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. MAY 22, 1990 437 36.-Moved by Justice Edwards, second~d:'~b~$Upervisor Harris, it was RESOLVED that the Town Board of the ~rown of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budqet for the transfer of monies from the 350th Committee's Donated Funds held in Agency & Trust: To: Revenues: A2705 Donations $ 12,047.55 Appropriations: A7550.4 Celebrations, Contractual Exp. $ 12,047.55 36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 37.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that' the Town Board of the Town of Southold hereby amends their Resolution No. 31, adopted on May 8, 1990, engagin~l the services of Linda Kowalski as an independent contractor to the Board of Appeals, by changing the effective date from May 15, 1990 through July 15, 1990 to May 23, 1990 through July 23, 1990, and by changing her rate of compensation from $10.50 per hour for two (2) days per week (a total of 14 hours) to $75.00 per calendar day worked, not to exceed a payment of $150.00 for two day in one week. 37.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 38.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee payment in the amount of $368.00 (92 seniors at $4.00 each) for the - June 20, 1990 senior citizen trip to the South Street Seaport Museum, New York City; check made payable to Seaport Tours; charge to be made to A7620.4, Adult Recreation. 38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 39.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, WHEREAS, there has been presented to the ToWn Board of the Town of Southold an offer for sale to the Town of certain real property owned by Wend¥ G. Norris, located on the south side of New Suffolk Avenue, on Marratooka Lake, Mattituck, Suffolk County Tax Map: District 1000, Section 115, Block 003.00, Lots 022.000 and 023.000; and WHEREAS, the Open Space Committee has recommended to the Town Board that the Town purchase this property; and WHEREAS, the Town has received an appraisal of $140,000.00 for this property; now, therefore, be it RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, June 5, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin~ on the que.stion of the acceptance of this offer. 39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 40.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the County of Suffolk and the Town of Southold for the 1990 STOP-DWI Pro~ram, for the term of January 1, 1990 through December 31, 1990, at a total agreement cost of $5,400.00, all in accordance with the agreement as approved by the Town Attorney. 40.-Vote of the-Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 41 .-Moved by Councilman Penny, seconded by Councilwoman Larsen, WHEREAS, Southold Villas, Inc., by petition dated December 29, 1987, petitioned the Town Board of the Town of Southold for a change of zone on certain property located on the westerly side of NYS Route 25, Southold, from "A-C" Agricultural- Conservation District to "AHD" Affordable Housing District; and WHEREAS, the said petition was referred to the Southold Town Planning Board' and Suffolk County Department of Planning for their recommendation; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 27th day of March, 1990, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Southold Villas, Inc. be and they hereby are granted the relief demanded in said petition, subject to the following terms and conditions, which 43'8 MAY 22, 1990 terms and condition shall be incorporated in covenants and restrictions by Southold Villas, Inc. which covenants and restrictions shall run with the land in perpetuity: 1. That a one hundred foot buffer zone shall be created on the east side of the property consisting of vegetative screening as specified by the Planning Board of the Town of Southold. 2. That in the event a purchaser of a vacant parcel of real property chooses to resell same prior to any improvements being erected there- upon then said sale shall be subject to the following erms and conditions: a. The sale price shall be determined in the following manner: The purchase price paid by the purchaser increased by the consumer price index from the date of purchase to the date of sale. b. Notwithstanding the foregoing, however, prior to being permitted to sell said parcel the purchaser shall first offer same to the Town of Southold at a price consistent with paragraph "a" above. Said offering shall be in the form of a writing and shall be deemed to not be exercised by the Town either upon their refusal to purchase or alternatively the passage of 30 days from the date of receipt of notification of intent to sell. c. Any profit secured by the seller of a vacant parcel of real property over that set forth above and received by said property at time of sale shall be paid over to the Town of Southold for affordable housing purposes. 3. Only qualified purchasers under the guideline promulgated by the Town under its Affordable Housing Ordinances shall be qualified to purchase said parcel except as set forth above. 4. In the event of a resale of any dwelling units within ten years of purchase the maximum resale price shall be determined in the manner specified in Section 100-56 of the ~ode of the Town of Southold. However, the portion of the resale price in excess of the maximum allowable resale price shall be divided between the resale seller and The property of Southold Villas, Inc., subject of this change of zone from to "AHD" consists of all that certain tract or parcel of land siuate in the village and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a granite monument on the westerly line of Main Street and the southeasterly corner of land of Francis M. Gagen;running thence slong said westerly line of Main Street, South 13° 00' West 100.0 feet to a concrete monument and land of Marguerite H. Young; thence along said land of Marguerite H. Young, two course, as follows: (1) North 77° 00' West 120.00 feet to a concrete monument; thence; (2) South 21° 56' West 126.42 feet to a the Town in the following proportions: Year of Resale Percentage Percentage After Purchase to Owner to Town 1st 0% 100% 2nd 10% 90% 3rd 20% 80% 4th 3O% 7O% 5th 40% 60% 6th 5O% 5O% 7th 6O% 4O% 8th 70% 3O% 9th 8O% 2O% 10th 9O% 10% "A-C" concrete monument and land of Baker; thence along said land of Baker and land of George H. Smith estate, North 81° 12' 20" West 540.46 feet to a granite monu- ment and land of Frank Bly Estate; thence along said land of Frank Bly Estates, two courses, as follows: (1) North 12° 50" 10" East 28.0 feet to a granite monument; thence (2) North 76° 43' 10" West 895.92 feet to a stone and post and land of Diller Brother; thence along said land of Diller Brother, North 31° 1' 60" East 709.83 feet to a granite monument and land of Arthur B. Gordon; thence along said land of-Arthur B. Gordon, South 42° 49' 50" East 384.77 feet to a concrete monument; thence southeasterly and then easterly along other land of Jonathan H. Terry 774.6 feet more or less, to the southwesterly corner of land now or formerly of Helen Virginia Cleveland;, thence along said land now or formerly of Helen Virginia Cleveland, South 65° 51' 20" East, 127.2 feet to a concrete monu- ment on the southwesterly corner of said land of Francis M. Gagen; thence along said land of Francis M. Gagen, South 60° 56' East 182.68 feet to the point or place of beginning. Also, all that tract or parcel of land situate in the village ' and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly corner of land now or formerly of Helen Virginia Cleveland and running thence westerly and then north- westerly along other land of Jonathan H. Terry above described 774.5 feet, more or less, to a concrete monument and land of Arthur B. Gordon; thence along said land of Arthur B. Gordon, three courses, as follows: (1) North 30° 37' East 150.07 feet to a concrete monument; thence (2) South 72° 46' 10" East 474.11 feet to a concrete monument; thence (3) South 73° 12' East 238.03 feet to a concrete 22, 1990 4 3 9 monument and land of Rose M. Smith; thence along said land of Rose M. Smith and said land now or formerly of Hel~;¥i¥~ia Cleveland, South 17° 20' 40" West 260.2 feet to the point of beginning. 41.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 42.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby ~Irants permission to Conservation Advisory Council member Bruce Loucka to attend the Save the Bays Workshop, at the Suffolk Community College Riverhead Campus, on June 1, 1990, and the $15.00 registation fee shall be a legal charge against the Conser- vation Advisory Council's 1990 Budget. 42.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 43.-Moved by Councilwoman L~rsen, seconded by Councilman Penny, it was RESOLVED that the application of Bruce M. Vitale for permission to locate a sinc~le family watchman house trailer on his property at 7280 Sound Avenue, Mattituck, be and hereby is granted for a six (6) month period; and be it further RESOLVED that the permit for this trailer may not be renewed beyond a two (2) year period. 43.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 44.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold ehreby rejects all bids received on May 17, 1990 for an uninterruptable power supply for the Town Hall computer system. 44.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 45.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for the purchase and installation of a 5kVA power supply to provide continuous no-break power during a power outage or momentary interruption to the computer equipment at the Southold Town Hall. 45.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 46.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, Fishers Island is part of the Town of Southold; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby confirms the policy that, if and when the Fishers Island Garbage and Refuse District is dissolved, future waste manac~ement operations on Fishers Island will be the responsibility of Southold Town consistent with its responsibility throughout the Town. 46.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly .ADOPTED. 47.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budget modification to the General Fund - Part Time: To: B8010.4 Zoning, Contractual Expenses $ 3,000.00 From: B9010.8 New York State Retirement $ 3,000.00 47.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 48.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, WHEREAS~ the Town Board has spent extensive time dealing with fielding many inquiries in regard to its Affordable Housing Ordinances; and WHEREAS, the Town Board has determined that there are several areas of that. legislation which are in need of further dicussion and possible modification; now, therefore, be it RESOLVED that the Town shall, pending further applications for a change of zone to an "AHD" Affordable Housing District, immediately re-examine the existing legislation with a view towards making same consistent with the long term goals of the Town. 48.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution~was declared duly ADOPTED. 440 49.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure and use of the following Town roads by the Mattituck Fire Department on Monday, May 28, 1990, between 8:30 A.M. and 8:45 A.M. for their annual Memorial Day Parade, 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: Pike Street, Westphalia Road, Sound Avenue (from Route 25 to Westpahalia Road), and Love l,ane. 49-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This ends our portion of the meeting, tonight, dealing with resolutions. We dealt with approximately 49 resolutions tonight, and at this time our regularly scheduled portion now turns to the audience, for those members who would like to address the Board on any subject. At this time, is there anyone who would like to speak? (No response.) _Hearing none, I would like to close this meeting in remembrance of Memorial Day, for those Armed Services personnel, that gave so freely of theirselves and time in the name of freedom. I'd to close the meeting with that. Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:25 P.M. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman I_arsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Southold Town Clerl~