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HomeMy WebLinkAboutTB-09/26/1989$OUTHOLD TOWN BOARD SEPTEMBER 26, 1989 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Coun!cilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth Di. Oliva, Councilwoman Ellen M. Larsen, Assistant Town Attorney Robert H. Berntsson, Town Clerk Judith T. Terry. ; 9:10 A.M. - Board of Appeals Chairman Gerard Goehringer and Clerk Doreen Ferwerda met with the Board to~ discuss (1) appointing former Stenographer Linda Kowalski as a Consultant to the Board for 40 hours per month, $12.50 per hour (see resolution no. 2) to train Ms. Ferwerda. In the interim a court reporter was engaged for the last Board of Appeals meeting. '(2) Mr. Goehringer asked that his office be put on line as soon as possible for access to the property records. (3) Mr. Go, bringer requested a set of keys to a Town vehicle so the Board may have access seven days a week. (4) For discussion item no. 8, Mr. Goehringer's voucher for payment at a rate of $15.00 per hour for office coverage on Saturday mornings from 9:15 to 10:15, as well as mileage for inspections. The Board agreed to pay mileage, but rejected the charge for Saturday office coverage. Mr. Goehringer did not object. 9:45 A.M. Bookkeeper John Cushman met with the Board to discuss the discrepancy discovered in the taxes raised for the Town's two Highway funds for the 1988/89 tax year. The assessment roll for Highway FUnd Whole Town (Highway 2,3,4) was applied to the amount to be rasied by taxes for Highway Fund Part Town (Highway il), and the assessment roll for Highway Fund Part Town as applied to the amount to be raised by taxes for Highway Fund Whole Town. This means that the Townwide Highwlay Fund assessment base has paid $545,560 too much in tax monies, while the Outside Village Highway Fund assessment base has paid $545,560 too little in tax monies. An adjustment will be made in the 1989/90 tax levy and Superintendent of Highways Jacobs has advised,he will hold back spending as much as possible in the. Highway Fund Part Town and the fund should be sufficient to the end of the year. 9:50 A.M. - For Discussion Items: (1) Letter from Mr. and Mrs. Walter E. Glasser, owners of the former Grange Hall, offering it for sale to the .Town for $169,000. Supervisor will respond to the Glassers advising them we are adding the modular building to the back of the Town Hall which should solve the immediate overcrowed conditions. (2) Receipt of Civil Service List for Principal Account Clerk;--will be discussed in Executive Session. (3) Board discussed letter from NYS-DEC concerning the review of the Solid Waste Composting Facility Application and DEIS, and stating the Town's application is deficient in relation to recycling activities--a key element, the Comprehensive Recycling Analysis, is lacking, and the i Town's request for a variance to this requirement cannot be favorably considered. Councilman Penny reviewed certain portion of the Part 360 regulations. He asked that Joanne Howell of the DEC be invited to the next meeting to discuss the program. Supervisor to invite Ms. Howell. (6) Another letter from the DEC concerning the Bypass landfill expansion liner design requirements was discuss'ed at this time. Councilman Penny asked the Supervisor to send a letter to the DEC applying for a liner, even though the Town has not yet purchased the property which would be lined. He feels the application should be in place at this time. (4) The Board reviewed recent State legislation permitting a $15.00 return check charge for returned checks (see resolution no. 20). (5) Board discussed reappointment of two Board of Assessment Review members. All agreed to the reappointment (see resolution no. 21). (7) Memorandum from Principal Building Inspector Lessard concerning the need to hire a special prosecutor to handle current court cases for the Building Department since Assistant Town Attorney Berntsson is leaving. This will be discussed in Executive Session. (8) 'Vouchers from Gerard Goehringer, Board of Appeals Chairman, for payment for Saturday office coverage - was discussed with Mr. Goehringer at his 9:10 A.M. meeting with the Board, and denied. (9) The Board reviewed a recent Dept. of Agricultural and Markets Dog Shelter Compliance Report. Items in question concerning the ceiling leak has been fixed, Superintendent of Highways Jacobs will take care of repairing the cap for their vehicle, as well as cement curbing to stop drainage runoff. Robert Harrington of the Animal Welfare League will obtain specifications and prices for cages for the isolation room. (10) Memorandum from Town Planner Valerie Scopaz concerning the Local Waterfront Revitalization Program. Councilwomen Oliva and Larsen will work with Valerie to coordinate the completion of the project. Councilwoman Larsen also updated the Board on status of the task completed to date and amount of money expended.-- Valerie Scopaz, who was meeting with the Board at this time, advised she would like to set a meeting between the County Health Dept. and the Town Board to discuss the Greenport Commons proiect. Board agreed. (11) Receipt of a letter from the Farmland Committee outlining a plan to accelerate the rate of acquisition of development rights for farmland parcels.--Board authorized the project, with letters to be sent to owners of farmland parcels. (12) Supervisor to schedule interviews with the 16 applicants for the vacant Planning Board ~ position. (13) Discrepancy in taxes raised for Town's two Highway Funds was discussed with Bookkeeper Cushman at 9:45 A.M. (14) Letter from the NYS-DEC reporting on their inspection of the Cutchogue Landfill on September 12th (report on file in the Town Clerk's Office). (15) Receipt of a proposed agreement between the Town and Trimax of Long Islandr Inc. whereby Trimax will accept mixed recycled pastic materials collected by the Town. The proposed agreement will be submitted to Town Attorney Schondebare for review, and for the inclusion of a cancellation clause. (16) Schedule of public informational meetings on the composting issue to begin at 7:30 P.M. on October 16 at Oysterponds Schoolr October 18 at Greenport School, October 20 at Southold School, October 23 at the Recreation Center, October 27 at Mattituck School. (17) Councilwoman Cochran reported that she has received a proposal from the Arcade Department Store to suppy and install vertical blinds in the Town Hall at a total cost of $4,820.00, which is below the bid requirements. Although Councilman Penny wished to go to bid, the Board authorized Mrs. Cochran to proceed with the project.--Later in the day, after obtaining another proposal, Councilman Penny agreed that the Arcade proposal was the lowest. (18) Receipt of a Third Party enforcement agreement with respect to a Deed of Open Space Conservation Easement (see resolution no. 22). EXECUTIVE SESSION ~1~35 A.M. On motion of Councilwoman Cochran, seconded by Councilwoman Larsen, it was Resolved to move into Executive Session. Vote of the Board: Ayes: All.--- The Board met with their negotiator Charles Graves to review the CSEA negotiations. Following this meeting the Board remained in Executive Session and discussed the receipt of a Principal Account Clerk Civil Service List--the position will be posted in accordance with the CSEA contract; the memorandum from Principal Building Inspector Lessarcl concerning the appointment of a Special Prosecutor; the Charles Zahra law suit~ appointment of four new Police Officers; health insurance coverage of former Supervisor William Pell; and Police Chief Winters 1989 contract. 12:45 P.M. - Recess for lunch. 2:05 P.M. Work Session reconvened and the Board met with representatives of AT&T to discuss upgrading the present Town Hall telephone system which has reached capacity and cannot accept the addition of telephones for the new Justice Court building (see resolution no. 26 for the purchase of a System 25). 2:35 P.M. Board audited bills for payment, and reviewed regular meeting resolutions. EXECUTIVE SESSION 2:55 P.M. -~The Town Board met with Principal Building Inspector Lessard, Senior Building Inspector Horton, and Code Enforcement Officer Wieczorek to discuss the Zahra law suit currenting in the Justice Court. 3:00 P.M. - Work Session adjourned. 78 REGULAR MEETING 3:00 P.M. A Regular Meetinq of the Southold Town Board was held on Tuesday, September 26, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Murphy opened the meeting at 3:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Councilwoman Ruth D. Councilwoman Ellen M. Penny IV Oliva Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: The first item on the agenda is a resolution approving the audit of the bills of September 26, 1989. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $39,503.14; General Fund, Part Town bills in the amount of $20,377.16; Nutrition Fund bills in the amount of $1,619.32; Adult Day Care bills in the amount of $100.00; Home Aide Program bills in the amount of $109.07; SNAP program bills in the amount of $707.95; EISEP Program bills in the amount of $54.40; Community Development Fund bills in the amount of $15,075.00; Highway Fund, Whole Town bills in the amount of $5,009.31; Highway Fund, Part Town bills in the amount of $8,529.49; Scale II Capital Account bills in the amount of $40,413.95; Composting Facility Capital bills in the amount of $64,394.77; Fishers Island Ferry District bills in the amount of $15,453.08; $outhold Wastewater District bills in the amount of $18.591.01; Fishers Island Sewer District bills in the amount of $366.83; Southold Agency & Trust bills in the amount of $11,308.26; Fishers Island Ferry District Agency & Trust bills in the amount of $925.63 Vote of the Town 13oard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Supervisor'Murphy. Abstain: Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town Board meeting of September 12, 1989. Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the September I2, 1989, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time, I'd like to set the next meeting date for October 3, 1989, at 10:45 A.M., Southold Town Hall, for a tentative budget presentation. Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the next meeting date of the South01d Town Board, be at 10:45 A.M., Tuesday October 3, 1989, for a Tentative Budget Presentation. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: There will be an executive session immediately after that. TOWN CLERK TERRY: That's a special meeting, only, for the purpose of presenting the tentative budget, October 3rd. SUPERVISOR MURPHY: The next regular meeting will be October 10, 1989, 7:30 P.M., Southold Town Hall. SEPTEMBER 26, 1989 79 Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the next rec~ular meetinc~ of the Southold Town Board will be held at 7:30 P.M., Tuesday, October 10, 1989, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time, I'd like to take a few moments to have a special presentation presented al~ this time, and I'd like.to ask Councilman Penny, if he would read it. Moved by Councilman Penny, seconded by the Entire Town Board, WHEREAS, the Town Board of the Town of Southold wishes to express their deep sorrow upon the death of DAVID C. SPOHN; and WHEREAS, DAVID C. SPOHN served the Town of Southold well as a member of the Airport Advisory Committee, Southold Town's representative to the New York State Department of Transportation's Aviation Liaison Committee, during which time Mr. Spohn was an active participant in implementing the hiring of a consultant for the Airport Site Selection/Master Plan Study, and became Southold Town's official representative on the Airport Site Selection/Master Plan Study; and WHEREAS, DAVID C. SPOHN, during his service to the Town of Southold, distin- guished himself through his outstanding dedication and expert knowledge, devoting his talents and energy to the tasks he unselfishly volunteered to undertake; and WHEREAS, DAVID C. SPOHN exemplified the qualities of leadership and dedication, an individual of great integrity, whose personal courage and character served as an inspiration to all; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses its great loss in the passing of DAVID C. SPOHN, and when the Town Board adjourns this day it does so out of respect to his memory; and be it further RESOLVED, that a copy of this resolution be entered in the minutes of this Town Board meeting and a copy be presented to the family of DAVID C. SPOHN that we may extend to them our sincere sympathy. Dated: September 26, 1989. Signed by the entire Town Board. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: We do have another special proclamation, but we'll hold off on presenting it on 4H Week, until Barbara Kelling comes. I. REPORTS. SUPERVISOR MURPHY: At this time, I'd like to move on to Item I, on the agenda, which are reports. These reports are all on file in the Town Clerk's Office. 1. Town Justice Price Monthly Report for September, '1989. 2. New York State Department of Environmental Conservation, Bureau of Pesticides, Commercial Certified Applicators Annual Report for 1989. 3. Receive~: of Taxes Report, Summury for 1988-89. 4. Town Justice Edwards Monthly Report for September, 1989. 5. Planning Board Office Monthly Report for August, 1989. 6. Supervisor's Monthly Budget Report for August, 1989. 7. Report .of C.A.S.T. Board of Directors Meeting for September, 1989. 8. Times Mirror Cable Television Report for September, 1989. SUPERVISOR MURPHY: At this time, I'd like to ask the Councilman, if they have anything special to report, starting on my left with Judge Edwards. JUST[CE EDWARDS: Nothing, thank you, Frank. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: On September 13 through 15, I believe, I met Frank and Ruth in Portland, Maine, while we attended the BioCycle Conference. This was my first opportunity to attend one of these conferences, and with Jean leaving the Town Board in January, I felt it imperative that I attend one. There was approximately 500 people at the conference from various areas in the Northeast, including, I think, people from Kentucky, Texas, etc. and so forth. The basic theme of the conference was the various technics used in compost/rig, and, also, recycling. Equipment, materials and handling was discussed. Source separation, impacts, various operating technics. Recycling, curbs/de recycling was highlighted by many speakers. Various state's legislation was going through in the aids, k/'arious states are giving th/er municipalities, in solving the landfill crisis that is facing the whole United States, and reports on composting standards with the 80 SEPTEMBER 26, 1989 EPA and regulatory agencies, their uses in agricuture, potato waste composting, and fish composting. We,also., took some tours of existing composting facilities, sludge composting facilities in Maine, and a sewer treatment plant in Maine, that take its sludge to the composting. All and all, for me it was an informative trip. What I basically heard expressed was, what had been reiterated, and supplied to me through various reports by Frank, Ruth, Jean, in their many tours throughout the United States, and many conferences they attended, but it was good for me to meet with some of the various people directly involved, and put some of the faces behind the names. I was very happy I attended. ! guess that's it, Frank. SUPERVISOR MURPHY: Thank .you, Ellen. Jean? COUNCILWOMAN COCHRAN: While Ruth and Ellen were away to the BioCycle Conference, we did have more of a Highway get-together, than a Highway Committee meeting, but Rob Berntsson, and Jake and I did utilize the time to look at the highway specs, and it's going to be more involved, I think, than the Committee realized, because we have to also review what's in the Code, against some of the chances, and there are some conflicts, so Rob suggested that we give it the adequate time it requires, and he's leaving us, so I think we may have to wait until we get the next Assistant Town Attorney on board, and then we'll start fresh. It will be one of his first assignments. September 14, we were pleased to host the Five East End Town's Recycling Committee, E2RA. I will never get that in my head. Well, 2 East End, EE, would give you 2 recycling association, so they could have done better, but anyhow that's how the grant was written, so that's the name we're stuck with. But anyhow, we did play host to them here. They were very pleased with being able to use our facility. It was the most pro- ductive meeting they have had to date, which was expressed by more than one person, so all and all, I was quite pleased that a lot was accomplished while they were meeting in Southoldo I served them coffee and cookies, and it set a different atmosphere, and I think it went very well. On the 15th, I met with Bessie Swann, from CAST, and Dr. Price, President of the Board of CAST, and we had Tom Walker come in from Lighthouse in Riverhead to review a proposed employer assistance program in substance abuse. The Committee will be reviewing that, and the Supervisor has given me a lead on another program with ~ possible grant, which we will be reviewing, also. On the 18th, I sat down with Bessie Swann from CAST, Dr. Price, Jim McMahon and myself, and we reviewed the budget. Last year, the Town budget last year in relation to substance abuse, which was funneled through CAST, and we don't see any changes in the figures, although the Committee will be changing from a CAST committee to a Townwide committee under local government. On the 20th, the Housing Committee did meet. We finalized our changes, as we see them neccessary, in the Affordable Housing Law, because as I have said more than once since the Affordable Housing Law was enacted, that we have to go through the process once, and we certainly will find where our shortcomings are, where our mistakes are, where we can improve, where we can make something happen in a better way~ So we have reviewed this. Rob iust completed the final draft to our changes, and the Housing Committee tomorrow afternoon, will be reviewing those final changes. On the 21st, I did attend with the Town Board members, and Trustees from the Greenport Village Board down to the Scavenger Waste Plant. I stayed through the review of the waste plant, and then, of course, they were going up to look at the drying beds, and I had been through that process before, and I did have another meeting, so I left. But I felt that it was a positive meeting, because the problems were discussed by both sides, pros and cons, and some solutions have been reached in trying to solve the problems. So hopefully, something will stay positive in that area. I would, also, like to say, I attended the farewell party for Rob Berntsson, our Town Attorney. A nice time was had by all. We certainly are going to miss Rob. He's done a beautiful job for the Town. We hope that we will find another young man as talented, or a woman, as talented,and as gracious, and as helpful and cooperative, as Rob has been. He's been asset to the Town. For that, we love him. Also, I attended 350th Cruise, out on the Bay, and then up the Sound towards New York. I think the roughest place was in at the dock. The rest of the cruise was lovely. It turned out to be a lovely evening. A good time was had by all, and that's about it, Frank. Thank you. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: On the 20th, we had a Commerce and Industry Committee meeting. We discussed Chamber!s recommendations to the Peddling and Soliciting Ordinance~ amendments that will be made and discussed soon in the Code Committee. We discussed the economic impact to include all properties taken off the tax rolls. They were addressed in having a local law requiring this economic impact statement involved. We, also, discussed regulatory and fiscal impact on all Town legislation. There was some discussion on the marine districts in the Master Plan, and what is caused the temps to try and change them. We got into SEPTEMBER 26, 1989 81 a discussion of what is being done on a local level to promote new industry and business in Southold Town, and we're going to follow up on that, at probably, our next meeting. The Chamber was very interested that somebody from the local business community be reappointed to the Planning Board, and they made that recommendation to the Town Board. On the 21st, I attended the meeting at the scavanger treatment plant with the Village of Greenport officials, and Town Board members. I'd like to say that we have over a 90% rating at that plant, and I'd like to commend the Village of Greenport for the job that they've done. They have a young fellow there, Tommy Cybulski, whom I've spoken about in the past, in the two years that I was on the Scavenger Treatment Committee, and Tommy really gets into things. He's a retired farmer. I think the economy retired him. He's not afraid of getting his hands dirty. The only thing I can say down there, is the place does smell a little funny, but they can't do too much about that. On the 25th, we had Police interviews, and the result is going to be the hiring of four police officers to start training at the Academy in October. Thank you. SUPERVISOR MURPHY: Thank you, George. Ruth? COUNCILWOMAN OLIVA: On September 13, 14, and 15, Frank and I, and then Ellen were at the BioCycle Conference. Frank and George Desmarias from H2M lead off the conference, so I must say they both did a excellent job in their pre- sentations, and I think the response of the whole audience was very, very positive. As Ellen has spoken about, there was much about recycling, about carters, about microbes, that even eat up hazardous waste. Therels a lot more going on with recycling in the plastics industry, and each time we go to these things, more and more is being done to facilitate the whole economy, I would say,now of garbage. It was a very interesting conference. On September 19th, I flew over to Fishers Island to hear some of the people's concerns, and take a little better tour. I must say their island is extremely fragile with many, many swale areas, wet areas, ponds and what have you, that they do really have to be very careful about how they build over there, and I hope we can do something about their concerns. On September 20th, I, also, attended the Housing Committee meeting, that Jean has reported on. On September 20th, I went to the Commerce and Industry Committee meeting, that George has spoken about, and hopefully, we will get together with some of the Commerce and Industry people, and go down to the County's Department of Economic Development and see if there is anything that we can do about bringing, perhaps, even some recycling industry out here. On September 21st, I went along with the Town Board to the Scavenger Waste Treat- ment Plant, and we had, I think, a very productive meeting. I'm hoping that we can meet about, maybe, every third month so the Hnes of communication are kept open, and there's not anybody, say throwing knives at everybody, that everybody's working together to see that the plant is operator maintained properly. On September 21st, we had an Open Space Committee meeting. We discussed various properties that are under consideration. On September 25th, yesterday, I, also, attended the Police interviews, and I would really like to compliment all the applicants,that were on the list for our new policemen. They were of extremely high caliber, and I think we all felt badly. We couldn't hire all of them. I, also, attended the going away party for Rob Berntsson. It was very, very lovely, and I do want to say, he's done a terrific job for us, and he's been a pleasure to work with, because he listens to all of us, no matter who we are, or what we are, and what our complaints, with a great deal of patience and good humors, and we certainly wish him much happiness and success in Florida. I hope it's too hot, and he comes back. Thank you. SUPERVISOR MURPHY: Thank you, Ruth. I would just like to make a few more comments. One is on that BioCycle Conference,. and it's getting very obvious that the only way to go is the recycling has to be the first part of any type of system. If you're going into an incinerator, composting, as we planned upon going into, that recycling is a definite part of the overall, program. I was very pleased, also, with the better maintenance going on, or the start of better maintenance down at the scavenger waste plant, and I do think by talking more with each other, I think we can make sure that the plant is going to be properly maintained. That was one of our primary concerns. I would, also, like to publicly thank the Cross Sound Ferry people, who donated the ferry, the John H., for our Cruise to Nowhere. It was a very nice donation, and, also, to thank the committee, who worked very, very hard, and really did a tremendous job. It really was a very, very pleasant evening for everybody who attended. Also, to echo Ruth's comment about the caliber of the young people,male and female, in the Town that had taken the Police test, and how 'great really they were. I stayed and had the others, who there was no chance of reaching, and talked to them, and really even the kids down in the 70's on their marks, where really absolutely fantastic bunch of young men and ladies. II. PUBLIC NOTICES. SUPERVISOR MURPHY: We'll move on to Item II, on the agenda, is public notices. There three of them. These are on file on the Town Clerk's Bulletin Board, if anyone is interested in them. · · 2 SEPTEMBER 26, 1989 1. N.Y.S. Department of Environmental Conservation, Notice of Complete Application of Gardners Bay Estates Homeowners Association to construct bulkhead with elevated catwalk, including dredging, at Spring Pond, East Marion. Comments by October 13, 1989, to Susan Ackerman, (516) 751-7900. 2. N.Y.S. Department of Environmental Conservation, Notice of Complete Application of Suffolk County Water Authority to construct a public water supply well w/pump rated at 150 gallons per minute. Project also includes installation of chemical treatment equipment; said project located on west side of Sunset Drive, Mattituck. Comments by October 13, 1989, to StePhen C. Mohr, (516) 751-7900. 3. U.S. Army' Corps of Engineers, N. Y. District, Notice of Federal Navigation Project, to do maintenance dredging in Mattituck Harbor, and dispose of dredge material in L.I. Sound, .ocean waters, or upland disposal site. Written comments, criticisms or protests before October 9, 1989, to Thomas M. Creamer, Chief, Operations Division, U.S. Army Corps of Engineers, 26 Federal Plaza, N.Y., N.Y. 10278 111. COMMUNICATIONS. SUPERVISOR MURPHY: Item III, is communications. There were three very nice ones. One is commenting a police officer, another from the Chief of Police, commending George Rohrbach, member of the Highway Department, for an excellent job well done, and also a letter from the publisher of BioCycle magazine wishing the Town best wishes on its composting project. 1. Dorie Whyard, oordinator of the Retired Senior Volunteer Program, commendin9 Police Officer Alan Czelatka and the $outhold Town Police Department, for their cooperation and kindness shown to her and their clients. 2. H. Daniel Winters, Chief of Southold Town Police to Raymond Jacobs, Superintendent of Highways, commending one of his employees, George Rohrbach, for their assistance in elimating a problem with the generator at the Police Depart- ment. 3. Jer~ome Goldstein, Publisher of BioCycle, Journal of Waste Recycling', wishing the Town the best with the composting and recycling projects. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: There are public hearings scheduled at 3:30 1. 3:30 P.M. "A Local Law in Relation to Vehicles and Traffic". 2. 3:32 P.M. "A Local Law in Relation to Zoning". V. RESOLUTIONS. SUPERVISOR MURPHY: We have a few minutes, we'll move on to Item V on resolu- tions. At this time, I'd like to state the position of the Town Board. If anyone here would like to address the Town Board on any proposed resolutions, you may do so now. There will be a period of time at the end of the meeting for anyone to take any other comments, other than on the proposed resolutions. Is there anyone here would like to address the Town Board on any proposed resolution? (No response.) Hearing none, we'll move on to the first one, which is a bond resolution authorizing the purchase of new computer equipment. 1.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SPETEMBER 12, 1989, AUTHORIZING THE PURCHASE OF NEW COMPUTER EQUIPMENT FOR USE BY THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $160,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $160,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YO:RK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to purchase new computer equipment for use by the Town. The estimated cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, .s $160,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $160,000 serial bonds of the Town to finance said appro- priation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as-the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $160,000, are hereby authorized to issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "/aw") to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or pur- pose for which said $160,000 serial bonds authorized pursuant to this resolution are to be issued, with the limitations of Section 11.00 a. 32 of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 5 of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the pricipal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amorti- zation and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond antincipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the po~ers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing ther terms, form and contents and as to the sale and issuance of the bonds herein authoriZed and of any bond anticipation notes issued in anticipation of said bonds, and ~he renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which title Town is not au;~horized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of .the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. COUNCILMAN PENNY: I'd like to make a comment~ ~ will not support this resolu- tion, although I support the computer system, and the use of it. I feel that we should pay for it outright. We have a surplus, an excess of $1,000,000.00 on hand, and I feel that we could be using the money right, instead of going to bonds. We have the money let's use it. There's no reason to bond at this time, and that's my position. Thank you. SUPERVISOR MURPHY: Any other comment? COUNCILWOMAN LARSEN: I'd like to make a comment. I think we discussed this at another Town Board meeting, that we can only have $5,000,000.00 in Town bonded indebtedness a year, because of IRA's arbitrage laws, that will require the Town to pay tax on the difference that you go over the bonded amount. If we do float the bond on the Baxter property, that will put us over that amount. Also, for the record, on the surplus, all of the fees that we have incurred for our composting facility, are sitting in..have not been expensed in the general budget. It was the recommendation of Hawkins, Delefield & Wood, SEPTEMBER 26, 1989 the Town's financial consultant, as well as the Town Attorney's Office to set up our budget this way. This is the result of good budgeting. Thank you. SUPERVISOR MURPHY: Any other comments? 1.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Cochran, Supervisor Murphy. Nos: Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to engage the services of a consultant. 2.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Linda F. Kowalski as a Consultant to the Board of Appeals, effective immediately, at a fee of $12.50 per hour, not to exceed 40 hours per month, for a period of six (6) months to March 12, 1990; subject to the approval of a contract for same by Town Attorney Schondebare. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards. No: Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to accept a letter of credit. 3.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the town Board of the Town of Southold here accepts the Letter of Credit, in the amount of $39,305.00, submitted by Nell Rego for the major subdivision of "Chardonnay Woods", which amount represents an increase over the current performance bond of $402,280.00, bringing the total bond amount to $442,685.00; the foregoing all in accordance with the July 18, 1989 resolution of the Town Board approving the increased bond amount, as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is a reimbursement for a filing fee. 4e -Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reimbursement of $3,000.00 to David Saland, which sum represents the difference between the filing fee for major subdivision of Peconic Trails and minor subdivision of Peconic Trails; all in accordance with the recommendation of the Southold Town Planning Board. 4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is a Budget Modification for the Highway Fund, Whole Town. I offer that. 5.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 Budget modification to the Hic. thway Fund - Whole Town to provide for a budget shortfall: To: DA5140.1 Misc./Weeds & Brush $ 2,500.00 From: DA5120.1 Bridges $ 2,500.00 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is to authorize a grant application. 6.-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 Francis J. Murphy to file an application on forms prescribed by the New York State Office of Parks-, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Quality Bond Act of 1986, in an amount not to exceed $900,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold for the Fort Corchaug Park Project. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards. No: Supervisor Murphy. This resolution was declared duly ADOPTED. SEPTEMBER 26, 1989 8__~5 SUPERVISOR MURPHY: Number 7 is a determination of sewer rent due on Fishers Island to be put on the property tax. 7.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby deter- mines that the Fishers Island Sewer District rent owned by Thomas Shillo, in the amount of $367.50, shall be levied against the real property of Thomas Shillo, and shall be collected at the same time and in the same manner as Town taxes. 7.-Vote of the Town Board: Ayes: ~Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, CouncilwOman Cochran, Justice Edwards, Supervisor Murphy. This resolution.was declared duly ADOPTED. SUPERVISOR MURPHY. Number .8 is Budget Modification, Highway Fund - Whole Town of $5,000.00. I offer that. 8.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED THAT THE Town Board of the Town of Southold hereby authorizes the following 1989 Budget modification to the Highway Fund - Whole Town to provide for Highway purchase of computer equipment: To: DA1680.2 Central Data Processing, Equipment $ 5,000.00 From: DA5130.2 Machinery, Equipment $ 5,000.00 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 it to execute a software contract. 9.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold here authorizes and directs Supervisor Francis J. Murphy to execute a Software Contract and a Software Support Agreement with Business Records Corporation for computer software installation and training for the Southold Town Police Department, at a total cost of $71,950.00. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This. resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 'is to authorize the Town Clerk to advertise for bids for 1990 milk, Police Department uniform clothing, cleaning of uniform, sale and removal of scrap paper, sale and removal of scrap metal, gasoline for Town vehicles, heating oil for Town buildings, diesel fuel for Highway Department and Landfill site, custodial contractor for the Recreation Center, and removal of scrap tires. I offer that. 10.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, 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 following items for 1990: Milk for the Nutrition Center Police Department Uniform Clothing Cleaning the Uniforms of the Members of the Police Deparment Sale and Removal of Scrap Paper from the Landfill Sale and Removal of Scrap Metal from the Landfill Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel for the Highway Department and Landfill Site Custodial Contractor for the Recreation Center Removal of Scrap Tires 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time I'd like a motion to recess in time to have a 'p~blic hearin9. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvene~ at 3:40 P.M. 86 SEPTEMBER 26, 1989 SUPERVISOR MURPHY: Barbara, do you all want to come on up, and we'll make a presentation for 4H week. JUSTICE EDWARDS: Frank, I'd like the children to each get a copy of this. BARBARA KELLING: Thank you, Frank. These are some boys, 'that, have been members for, I think, six years. They do a lot of community service, this little 9roup. SUPERVISOR MURPHY: Let me introduce the Town Board to you boys, starting over here on my left is Ruth Oliva, George Penney, Judy Terry's our Town Clerk, We have Jean Cochran and Ellen Larsen, and Judge Edwards from Fishers Island, which is part of Southold Town, too. Jay Schondebare, our Town Attorney, is also, here. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, the 4-H program of Cornell Cooperative Extension since its beginning 68 years ago has contributed much to the health and welfare of the Nation and has encouraged many young people to choose careers which help improve family and community living; and WHEREAS, during this week 4-H members, leaders and families will observe National 4-H Week with the theme:"4-H for Youth for America"; and WHEREAS, 4-H members put into practice the skills and science they learn as they develop their talents through 4-H projects and strive to "learn for living"; and WHEREAS, in these changing times young people, who .are the citizens of tomorrow, must discover and acquire the virtues of responsiblility, thoughtfulness, morality and understanding; and WHEREAS, more than 500 volunteer adult 4-H leaders are organizing their 4-H Clubs for the 1989-90 year, many others are organizing clubs for the first time; and WHEREAS, the more than 150,000 boys and girls participating in 4-H programs throughout Suffolk County soon will be taking their places in society by establishing homes of their own and joining the ranks of community leaders; and -- WHEREAS, 1989-90 is the beginning of the fifty-third year of 4-H in Suffolk Count,.,.~ now, therefore, be it RESOLVED, that the Town Board of the Town of Southold, in recognition of the fine achievements of 4-H members and their families do hereby proclaim the week of October 1 through 7, 1989 as NATIONAL 4-H WEEK in the Town of Southold. Dated: September 26, 1989. Signed by Supervisor Murphy, and the entire Town Board. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Boys, I congratulate you on your work. Keep up the good work, and I would, also, like to thank your leader, who has put in an awful lot of time, I know that for sure, working with you guys. Keep up the good work, and congratulations. We'll move onto Resolution #11, which is givin9 consent to the Supertindent of Highways to make an order laying out certain highways. I offer that resolution. 11.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, WHEREAS, Mary Louise Blank and Peter Blank, Jr. has made application to the Town Board of the Town of Southold to dedicate a certain road in Orient, New York, to be known as "OLD FARM ROAD", and a Drainage Area, as shown on subdivision map entitled "Map of Bayview Farm:, filed in the Suffolk County Clerk's Office on January 10, 1982 as Map Number 7045, together with release executed by the owners thereof; and WHEREAS, the Southold Town Highway Superintendent has inspected the aforesaid highways and has advised the Town Board that said proposed highway complies in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is hereby given to the Superintendent of Highways to make an oreder laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; aod be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SEPTEMBER 26, '1989 87 SUPERVISOR MURPHY: Number 12 is to appoint Maureen Meehan as a provisional clerk typist in the Town Clerk's Office. I offer that. 12.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of. Southold hereby appoints Maureen S, Meehan as a provisional Clerk Typist in the Town Clerk's Office, effective September 25, 1989, at a salary of $17,474.32 per annum. 12.-Vote of the Town Board: Ayes: Co_uncilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman CoChran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to authorize the Town Clerk to advertise for applicants for the Water Advisory Committee, one member, the Local Waterfront AdVisory Committee, one member and the Tree Committee, at least two members. I offer that. 13.-Moved I~y Supervisor Murphy, seconded by Councilwoman Ol;va, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for applicants for: Water Advisory Committee (one member), Local Waterfront Advisory Committee (one member), Tree Committee (at least two members). 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is a trailer permit renewal. 14.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the application of Jacqueline Moeller for renewal of her watchman trailer at Hidden Lake Stables, north side County Route 48, Southold, which permit expires on October 9, 1989, be and hereby is renewed for a six (6) month period. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to appoint Ed Drumm, effective immediately, as a traffic warden, at a salary of $7.00 per hour, and a school crossing guard, at a salary of $19.00 per day. I offer that resolution. 15.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Drumm, effective immediately, as a Traffic Warden, at a salary of $7.00 per hour, and School Crossing Guard, at a salary of $19.00 per day. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 hours a week, $4.50 an hour, 20 hours a week, $4.50 an hour, 16 is appoint Ed Theil as a Brie~f Respite Aide, and Grace McCleery as a Brief Respite Aide, effective September 28, 1989. I offer that. 16.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Theil as a Brief Respite Aide, 20 hours per week, $4.50 per hour, effective September 25, 1989, AND Grace McCleery as a Brief Respite Aide, 20 hours per week, $4.50 per hour, effective September 28, 1989. 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice .Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to authorize and execute an agreement. 17.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an ac~reement with S & L Irrigation Inc. for winterization of the sprinkler system at the Town Green, Southold, at no charge to the Town of Southold. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. T~is resolution was declared duly ADOPTED. SUPERVISOR MURPHY: We might add with our thanks. Number 18 is to grant permission to Southold P.T.A. to use Oaklawn Avenue for the annual Halloween Parade. That time is coming again. SEPTEMBER 26, 1989 88 18.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to the Southold P.T.A. to use Oaklawn Avenue for their annual Halloween Parade to be held at 4:15 P.M., Tuesday, October 31, 1989, provided they secure and file with the Town Clerk a Certificate of Insurance for at least one (1) million dollars liability insurance covering the Town of Southold as a named insured. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is a resolution of thanks to Linda Kowalski, who has retired, 19.-Moved by Councilman Penny, seconded by the Entire Town Board, WHEREAS, on May 1, 1978 LINDA F. KOWALSKI began her employment in the Supervisor's Office then, WHEREAS, on September 6, 1979, she transferred to the Zoning Board of Appeals office, and WHEREAS, on September 6, 1989, with regret the Town Board accepted her resigna- tion from the Town of Southold, after working ten (10) years with the Zoning Board of Appeals, and WHEREAS, the Town of Southold, as well as the Zoning Board of Appeals, will be deprived of her varied experience and valued professionalism, now, therefore, be it RESOLVED that let it be known to all who read this proclamation, that we wish her well. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is a resolution to impose a returned check charge. 20.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby imposes a returnec~ check charge of $15.00 to be added 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, 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 Subdivision 4 of Section 85 of the General Municipal Law. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to reappoint Sam Markel and Sam Manarel as members of the Board of Assessment Review, for a five year term, effective September 30, 1989. I offer that. 21.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Samuel S. Markel and Samuel A. Manarel members of the Board of Assessment Review, for a five (5) year term, effective September 30, 1989 through September 30, 1994. 21 .-Vote of the Town Board: Ayes :.Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Larsen. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to authorize the execution of a Third Party enforcement agreement. 22.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Francis J. Murphy to execute a Third Party enforcement acjree- ment witl~ respect to the Deed of Open Space Conservation Easement between Constance Terry, Hope T. Whitsit Gillispie, and Diana W. Whitsit Alford, the Peconic Lane Trust, [nc., the Town of Southold, and the New York State Department of Environmental Conservation, on property included in the 442+ acres of land proposect to be acquired by the NYS-DEC and lies directly north of Orient Beach State Park and is separated from it by Little Bay; said agreement subject to th;?. approval of Town Attorney Schondebare. SEPTEMBER 26, 1989 89 22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to authorize change order Number 1 to Luduca Contracting on the Justice Court building. I offer that resolution. 23.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Murphy to execute a Change Order, at'a lump sum price of $8,646.00, for Loduca Associates, Inc. to accomplish the following additional work with respect to the construction of the Justice Court building behind the Southold Town Hall: Connecting link between new and existing buildings, remova' wall and install door at the new connection, erect stockade fence at the connection, erect entry stair and platform at the north entrance, and entry platform at the south entrance, install ramp from south entrance to north parking lot, a concrete walk and pad at the north parking lot, and a painted steel handrail at the ramp, all in accordance with the proposal of Loduca Associates, Inc. dated September 18, 1989. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is the appoint of four new Police Officers, pending the passing of the neccessary tests, and also, to ful~.their residency requirements. I offer that resolution. Amended 10/10/89 by Resol. #12 24.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer Combs-Quart¥, Frank R. Kruszeski, Jr., John D. Sinninc~, and Donald Finnery as Police Officers, at a salary of $17,093.00 per annum, effective upon the commencement of the Suffolk County Police Academy Recruit School on October 23, 1989; said appointments are subject to residence in the Town of Southold, and final approval of the Suffolk County Department of Civil Service upon conple- tion and passing the remaining qualifying tests: agility, medical, psychological, and polygraph, and graduation from the Suffolk County Police Academy. SUPERVISOR MURPHY: They were excellent candidates, and I wish them well in the rest of their tests, and if they pass all those l~ests, wish them well going through the Police Academy. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is a resolution urging the Corp of Engineers to restore the east side of the Mattituck Inlet through beach nourishment on the dredging of Mattituck Inlet this winter. 2$.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was - RESOLV~ED that the Town Board of the Town of Southold recognizes the Federal Navigation Project at Mattituck Harbor scheduled for navigational maintenance dredging during the winter of 1989; and WHEREAS, pursuant to PN No. 13805-FP alternatives to the proposed off-shore dredge disposal action include beach and wetland renourishment; and WHEREAS, the mouth of Mattituck Inlet, east of the breakwater has experienced severe erosion, whereas breaching is a current threat; now, therefore, be it RESOLVED that the Town Board of the Town of Southold strongly urges the restoration of this site through beach renourishment with the dredge sediment and by passing sand from the overflow on the west side of the breakwater. 25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to authorize the Supervisor to execute an agreement with AT&T for the upgrade of the present telephone system in Town Hall, subjected to Town Attorney approval. 26.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes 'and directs Supervisor Francis J. Murphy to execute an Equipment Agreement with AT&T Information Systems, Inc. for the purchase of a System 25 which will upgrade the present Southold Town Hall telephone system, at a cost of approximately $38,000.00, all in accordance with the Equipment Agreement as approved by Town Attorney Schondebare. 90 SEPTEMBER 26, 1989 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to set a public hearing for November 9, 1989, 8:05 P.M., on the award of the contract to Daneco, or the accepting of the bid of Daneco contract on pursuant to Local Finance Law. TOWN CLERK TERRY: COUNCILMAN PENNY: TOWN CLERK TERRY: that. All providing the referendum should be successful. Is that going to give the people enough time? I will be putting in the paper, and it will say exactly SUPERVISOR MURPHY: The only people that are involved in this, really, are the vendors, who weren!t chosen. People can come and ask any questions, but this is a vendor concern, if they weren't chosen. 27.-Moved by Councilwoman Cochran, seconded by Councilwoman. Oliva, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk of said Town of Southold, shall, on October 12, 1989, October 19, 1989 and October 26, 1989, cause to published, in full, in "THE LONG ISLAND TRAVELER-WATCHMAN," a nespaper published in Southold, New York, and "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, each having.a general circulation within said Town and designated the official newspapers of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK NOTICE OF PUBLIC HEARING TO BE HELD ON NOVEMBER 9, 1989 NOTICE IS HEREBY GIVEN that, provided that the referendum on the ond and note resolution of the Town entitled: "BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 29, 1989, AUTHORIZING THE DESIGN AND CQNSTRUCTION OF A FACILITY TO RECYCLE THE TOWN'S WASTE THROUGH COMPOSTING IN ORDER TO COMPLY WITH NEW YORK STATE'S LONG ISLAND LANDFILL LAW, WHICH GENERALLY PROHIBITS THE USE OF THE TOWN'S LANDFILL AFTER 1990 UNLESS THE TOWN HAS A COMPOSTING, INCINERATION OR OTHER RESOURCE RECOVERY PROGRAM FOR SOLID WASTE DISPOSAL, STATING THE ESTIMATED MAXIMUM COST THEREOF SHALL NOT EXCEED $9,000,000, APPROPRIATING: SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $450,000 CAPITAL NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT, AND AUTHORIZING THE ISSUANCE .OF $8,'550,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION," has been approved by the authorized voters of said Town of Southold, a public hearing of the Town of Southold will be held on November 9, 1989, at 8:05 P.M. (Prevailing Time) at the Southold Town Hall, pursuant to Section 120-w of the General Municpal Law, which requires the Town to hold a public hearing on the award of contracts procured through the process established by Section 120-w to a proposer whose total proposal does not provide the lowest net cost to the Town. The Town intends to award a contract for the design, construction and operation of a municipal solid waste composting facility, to be built in the Town of Southold at the Cutchogue Landfill, to Daneco, Inc., whose proposal, received in response to the publication by the Town of a Request for Proposals dated August 18, 1988, issued pursuant to Section 120-w of the General Muncipal Law, provides the Town, in the judgment of the Town Board, with the most favorable combination of cost, facility design, system reliability, environmental protection, employment and recovery of materials, but does not, however, provide the lowest net cost of all proposals received in response to the Town's Request for Proposals. Section 2. This resolution shall take effect immediately. 27.-Vote of the Town Board: Ayes:~ Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is a Local Law No. 19, the one we had the public hearing on. SEPTEMBER 26, 1989 91 28.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, a proposed Local Law No. 19 - 1989 was introduced at a meeting of this Board held on the 12th day of September, 1989; and WHEREAS, a public hearing was held thereon by this Board on the 26th day of SePtember, 1989, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 19 - 1989 be enacted as follows: LOCAL LAW NO. 19, 1989 A Local Law in Relation to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Section 92-31 is hereby amended by deleting the following: Intersection Red Signal Facing Yellow Siqnal Facincj Depot Lane and Duck Pond Road with County Route 48 2. Section 92-31 Intersection Depot Lane With County Route 48 Love Lane and State Route 25 (Main Road) North on Duck Pond and South on Depot Lane East and West on County Route 48 is amended by adding thereto the following: Red Siqnal Facinq Yellow Sic~nal Facing North and South East and West on Depot Lane on County route 48 South on East and West Love Lane on State Route 25 II. This Local Law shall take effect upon its filing with the Secretary of State. 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is to approve Local Law No. 20, concerning zoning, which waiving the fees. I offer that. 29.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 20 - 1989 was introduced at a meeting of this Board held on the 15th day of August, 1989; and WHEREAS, a public hearing was held htereon by this Board on the 26th day of September, 1989, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 20 - ~989 be enacted as follows: LOCAL LAW NO. 20, 1989 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. Section 100-281.J is amended by adding thereto a new subsection (3) to read as follows: (3) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts and the like. Section 100-284.1 is hereby amended as follows: I. Certificate of Occupancy fees. 1. The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shal be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: fifty dollars ($50.}. (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25.). (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings; one hundred ($100.). (e) Vacant land: twenty dollars ($20.). (f) Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.). (g) Copies of certificates of occupancy issued five (5) or fewer years ago: five dollars ($5.). 2o 92 SEPTEMBER 26, I989 29. (h) Copies of certificates of occupancy issued more than five (5) years ago: ten dollars ($10.). 2. Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including, but not limited to fire districts, school districts, park districts and the like. II. This Local Law shall take effect upon its filing with the Secretary of State. -Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: At this time, I'd like to to comment on, starting That's the end of our prepared and added on to agenda. ask the Town Board members, if they have anything further on my right with Ruth. COUNCILWOMAN OLIVA: No, thank you, Frank. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, I would just like to say, that I was very happy today to see Resolution number 22 come through. It's an agreement between the Peconic Land Trust and the Town of Southold. It involves the New York State DEC, as well as Constance Terry and Hope Gillispie. Actually it eliminates the DEC from this arrangement, because they're not..it's not neccessary for them to condemm the property. As you may know, six months or so ago, that we were petitioning the DEC to let us work with some of the local inhabitants here, so that they could keep their property, rather than have it fall subject to condemna- tion, and this is the first agreement, that has been worked out, and they're right on time. A key to the agreement involves a significant role for the Town of Southold, and the Town of Southold is the third party enforcer, enforcing the restrictions on the property. The Town will only participate in this, if something happens to the Land Trust, and heaven knows, we hope nothing ever happens to the Land Trust, but this worked out very well for Constance and Hope, who are two really sweet people, and they did not want the State to take their property~-~ from them. They were very I'ucky to have the support of the Town Board, becaus~ others are not doing as well. Thank you. SUPERVISOR MURPHY: Thank you', George. Jean? ' COUNCILWOMAN COCHRAN: I would just like to echo George's sentiments, that I'rn happy that it worked out for these two landowners, and that the DEC and the Peconic Land Trust came to a compromise. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: Yes. I'd just like to relate a little experience I had when I flew out of McArthur Airport to Portland, and we landed in Boston. There was a brief layover. When I got back on the plane, there was ten, twelve seater, small shuttle. I was sitting next to this, rather young looking, gentleman, who was looking through pages nervously, and I could obviously tel that he was not a New Yorker, because New Yorkers don't engage in small talk and conversations. They either read, and this man, evidently, was not accustom to that type of thing. He had on a Izod shirt type, with the Mickey Mouse emblem on it. I asked him, where he was from. He said, Kentucky. I said, by any chance, are you going to the BioCycle Conference? Yes, as a matter of fact, he was. Well, he was from Kentucky, and his family had recently purchased 2,200 acres in a hollow for the purpose of opening up a landfill. They had over 800 acres sited, which would make them the largest landfill east of the Mississippi. He went on to reinterate to me, how they had just double lined the landfill, 26 acres with a double liner, and a complete leaching system. I said, oh my goodness, where did you ever find the money to do this? We're from a town, that people are going crazy with the money that we have to spend. He said, well, we owned a gold mine in Montana, and we sold the gold mine. I said, are you telling me that you think garbage is more valuable than gold? He's twenty-six years old, and had made $22,000,000 profit when gold was quite valuable, and this is how they were reinvesting their money, but can you 'magine 26 acres, doubled lined? COUNCILWOMAN COCHRAN: Did he say what the cost of the was? COUNCILWOMAN LARSEN: Yes. I was just about $500,000 per acre. However, they supplied all their own manpower, and all their own equipment. They had that all on site within their company. So, it was $500,000 per acre. I guess, I should say something in regards to Rob leaving. Add my own little adJ_[b.I SEPTEMBER 26, 1989 93 have enjoyed working with Rob immensely. He came to us from the DA's Office, and was known as the, Smiling DA, there, and working with him, he brought nothing but professionalism to the Town Attorney's Office, and a lot of laughter and good times for those of us who worked him. I could always joke With Rob about one thing or another, and I'm miss him. SUPERVISOR MURPHY: Thank you, Ellen. Judge Edwards? JUSTICE EDWARDS: Also, I'd like to say that I'm going to miss Rob. Robby was very friendly and informative with me, when I needed him for various questions. Secondly, I'm wondering if Ellen asked this man from the hollow there, how much he charged per ton for garbage. Maybe it would be cheaper to ship it down there. Thirdly, I was on the 350th Anniversary Cruise, also, which I thoroughly enjoined. Now, I have an extra incentive to go over to Southwold, England. I met the local brewer from Southwold, who was on that cruise, and he gave me an invitation to Southwold and the brewery. I might just take that up. Thank you, Frank. SUPERVISOR MURPHY: Thank you, sir. I would just, also, like to comment, we will miss Rob. I think he did a fantastic job, and also, I would like to thank the efforts of John Halsey for bringing about an agreement and I know the DEC is very happy about this, and really thank them for their cooperation. They did not come in as the big, bad man, and they were looking, and I think Dick Ryan did a fantastic job in the acquisition of the properties around Hallocks Bay. At this time, I'd like to ask anyone in the audience, if they would like to address the Town Board, on any matter. Alice? ALICE HUSSIE: Alice Hussie, League of Woman Voters. The League of Woman Voters of Riverhead, Southold have been asked to contribute to Riverhead Solid Waste Management Scoping process, and since the League covers both Southold and Riverhead, its interest are obviously equal. We have some questions, which are directed to anyone or everyone on this Board, and hopefully they can be answered today. Considering that each town, according to that law, has to have a municipal solid waste plan, what progress has been made by Southold Town towards a decision to interface with Riverhead to accept their solid waste, or any part of it? Has there been some sort of a decision on that? SUPERVISOR MURPHY: We've talked. A letter just came in from the Town of Riverhead, from the Supervisor, asking to talk to us.about that. Just came in this morning. ALICE HUSSIE: That just happened this morning? I got this invitation a week ago. COUNCILWOMAN COCHRAN: We've never discussed it as a Town Board up to this point. ALICE HUSSIE: Okay. I'm going to ask my second question; a~yway, but I don't know. It is something that will be of concern. Had Southold included the Riverhead option in its DEC and SEQRA applications? SUPERVISOR MURPHY: NO, we're making any application... ALICE HUSSIE: Is that going to mean, that if y~)U do decide to accept the part of Riverhead's waste, then it's going to require another application to the DEC? SUPERVISOR MURPHY: The good Lord only knows, what the DEC will do. I have no idea. ALICE HUSSIE: So, in other words, you can not give me any hint as to what I'm supposed to do on this scoping session. SUPERVISOR MURPHY: If you can tell me what the DEC is going to do today, tomorrow or the next day, I'd give you .... ALICE HUSSIE: Alright, so there's been no decision about that at all. No discussion. COUNCILMAN PENNY: Alice, the DEC told me that if the Town of Southold intends to bring in garbage or anything else from out of town as part of their plan, it has to be included at some time. It would have to be filed with the DEC and would be subject to their approval. ALICE HUSSIE: Okay, but I see two different things here. If we already got the application process in the works. 94 --, SEPTEt'~BER 26, 1989 SUPERVISOR MURPHY: We have an application to construct. We have not submitted an application to operate. This would come into the operation. That's where disposal of the bypass and all enters into it, in the permit to operate. Not in the permit to construct. ALICE HUSSIE: Okay, but the permit to construct must have in it, some idea of how large it's going to be, and if you have any intention of.. SUPERVISOR MURPHY: We set that, a year and a half ago, in our RFP on the size. We told what size we wanted. ALICE HUSSIE: And it would be large enough to accept Riverhead or anybody else's stuff.~ SUPERVISOR MURPHY: Depends. It depends on recycling. ALICE HUSSIE: Garbage, more than we can produce? SUPERVISOR MURPHY: It's apparent, in the wintertime. Yes. ALICE HUSSIE: The possibility exists? SUPERVISOR MURPHY: Definitely. Yes. Anyone else like to address the Town Board? (No response.) If not, at this time, I'd like to have a moment of silence out of respect for the memory of Jack Davis, who worked as an inspector for the Highway Department for many, many years. He was a great man. His daughter works in the DA's Office in the building, also, and also, out of respect and memory of David Spohn, who did a tremendous amount of work in Southold Town, and worked very, very hard and did a fantastic job in trying to bring about an airport in Southold Town. So at this time, I'd like to have a moment of silence. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, the Board has learned with deep sorrow of the death of JOHN W. DAVIS, former Road Engineer for the Town of Southold; and WHEREAS, in his service to the people of the Town of Southold Mr. Davis distin- -- guished himself as a dedicated and conscientious public servant; and WHEREAS, the Town Board of the Town of Southold wishes to give formal expressic of its loss in the death of JOHN W. DAVIS, a man esteemed by his associates and respected by all; now, therefore, be it RESOLVED, that when the Town Board adjourns this day it does so out of respect to the memory of JOHN W. DAVIS: and be it further RESOLVED, that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be transmitted to the family of JOHN W. DAVIS that we may extend to them our sincere sympathy. Dated: September 26, 1989. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:05 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Southold Town Clerk