Loading...
HomeMy WebLinkAboutTB-11/28/1989178 SOUTHOLD TOWN BOARD NOVEMBER 28. 1989 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare (10:45 A.M.).. 9:15 A.M. - For Discussion Items: (1) Letter from H2M regarding installation of ~- the exit truck scale at the 'landfill - will be discussed with George Desmarais at 11:15 A.M. (2) Letter from H2M concerning the issuance of a sand mining permit at the Landfill by the DEC. Application, report, plan and short environmental assessment for was submitted to the DEC in June of 1986, and again 'n December of 1987 when the DEC could not find the first application. (3) Emergency Management Training Course - see resolution no. 32 to send Supervisor-elect Harris and Police Chief Winters. (4) Letter from Supervisor DiPirro of Southampton Town concerning a proposed Chapter 449 grant to initiate an employee assistance program to be formed by the towns of Southampton, East Hampton and Southold, and co- sponsored by the CSEA unions of the three towns. Councilwoman Cochran advised taht the Town of Riverhead uses Lighthouse, and she has spoken to Tom Walsh of Lighthouse and will invite him to the next Board work session on December 12th. (5) Councilwoman Larsen discussed the urgent need for repairs to the Gull Pond bulkhead, a.nd reviewed an estimate from North Fork Waterfront Contractors, Inc. for repair work that is necessary to be done at this time. Herbert Mandel, a resident of the Gull Pohd area reiterated Councilwoman Larsen's concerns for the deterioration of the bulkhead. It was suggested that John Guldi of the County Department of Public Works be called upon to make an inspection and evaluation. (6) Request From the Cutchogue Library for a refund of building permit fees paid in 1986 sin,ce the Town passed a Local Law in September exempting taxing entities__ or special district from payment of building permit fees. The letter will be referred to Town Attorney Schondebare who will advise the library that the local law does not contain a retroactive provision. (7)&(8) Appointment of a member to the Local Waterfront Revitalization Advisory Committee and the Tree Committee will be discussed at the Executive Session later in the day. (9) .Failure to receive bids for the removal of scrap metal and scrap paper in 1990 will be discussed later in the moring. (10) Councilwoman Cochran discussed sending two police personnel to a DARE Program training school in March of 1990 (see resolution no. 33). 9:45 A.M. Robert Harrincjton, representing the North Fork Animal Welfare League, Inc., met with the Board to ask them to press forward with the construction of an administration building for the Dog Pound. He presented the Board with a petition containing 264 signatures stating: "Due to the considerable growth in population and the resulting great increase in the number of dogs in the area, we, the undersigned, petition the Town to take some positive action to alleviate the most difficult conditions at the present Dog Shelter, and to get underway the construction of a permanent, up-to-date building, as was proposed by a resolution adopted on October 22, 1985." 9:50 A.M. Supervisor-elect Scott Harris and Councilman-elect Thomas Wickham met with the Town Board to discuss a resolution Mr. Harris proposed to the regular meeting agenda, for the formation of a Waste Management Task Force (see resolution no. 34). 10:15 A.M. - For Discussion Items (continued): (11) Letter from A-Z Parking Services, Inc. offering to assist the Town with illegal parking and scofflaw problems. The Town Board is not interested at this time. (12) Letter from Dan Rattiner of Dan's Papers, Bridgehampton, asking if there are any ordinances prohibiting him from placing metal or plastic bins on street corners for the distribution of free newspapers. Town Attorney Schondebare will be aSked to research and respond. (13) Letter from H2M to Superintendent of Highways Jacobs concerning an upcoming NYS-DEC inspection at the Cutchogue Landfill. This will be discussed with George Desmarais, H2M, later in the morning. (14) Letter from NYS-DEC concerning the solid waste/sludge composting facility recycling analysis which will also be discussed with George Desmarais. (15) Request fo E. M. Kontokosta to amend his change of zone petition for his Jem Realty Co. parcel at North Road, Greenport. Board will not accept amendment. Mr. Kontokosta must file a new petition. (16) Letter from John Clavin, Harbormaster and part-time Bay Constable at Fishers Island providing a 1989 review of his work in West Harbor. Mr. Clavin also posed questions concerning authority of Harbormaster , the possibility of expanding his authority into Hay Harbor. Town Attorney Schondebare NOVEMBER 28, 1989 179 will be asked to respond to Mr. Clavin, (17) Request from Plannin~ Board Clerk Typist Jill Thorp to, transfer to a vacant clerk Typist position with the Board of Town Trustees (see resolution no. 35). (18) Request from the Planning Board for an additional computer terminal--John Cushman will handle this. (19) Record of colleCt telephone calls to the Board of Appeals office. Consideration will be given to issuing Chairman Goehringer a 'telephone credit card. (20) Receipt of correspondence from Consultants Cramer, Voorhis & Associates with respect to the Van Duzer Appliance Company, Inc. change of zone Petition (see resolutions 36 and 37). 10:45 A.M. - Peter B'atalias, President of Peter Batalias Inc., Consuitar~ts and Contractors, Solid Waste and Resource Recoverty Systems, and associates Albert Essay, George Mathes and Patrick Pettit, representing Morris Knudsen Corporation, MK-Environmental Services Group, met with the Board to discuss their qualifications for development of municipal solid waste management systems. MK-Environmental Services booklet on file in the Town Clerk's Office. Mr. Batalias offered their services to provide the Town with alternatives to best serve the interests of the Town of Southold. They could provide for the total waste generated by the Town, requiring no capital investment by the Town, and dispose of all the waste without a landfill or incinerator. The only requirement would be for the Town to pay a per ton tipping fee substantially less than contemplated with Daneco. The Waste Management Task Force will study the information. 11:15 A.M. - George Desmarais, H2M, and Eric Petersen, Hawkins, Delafield and Wood, met with the Board. Mr. Desmarais reviewed the summary of existing recycling efforts at the Landfill, solid waste disposal options--regional approach, Southold Town approach, and formation of a Citizen Solid Waste Advisory Committee. He also reviewed the status of the proposed landfill expansion work plan. Mr. Petersen reviewed his memorandum' relative to post-referendum waste disposal options. He said the Board, in addition to reviewing alternatives to composting, may wish to consider approaches which would allow the compost project to proceedr but with a significantly altered structure to address the views of the public as expressed at the polls. Restructuring alternatives could include changes to the financing and ownership structure, changes to the business structure and changes to the physical structure of the project as it was originally conceived. Mr. Petersen went into depth on each point. Mr. Desmarais said Daneco is sti~l interested in negotiating with the Town. He suggested a meeting be scheduled with the DEC to keep them informed of the direction the Town is moving.---Mr. Desmarais also discussed additional engineering fees which have been incurred by H2M due to change orders to the Exit Truck Scale (see resolution no. 38). 12:25 P.M. - Recess for lunch. 2:00 P.M. - Audit of bills and discussion of off-agenda items. 2:35 P.M. - Review of proposed resolutions for the Regular Meeting. 2:55 P.M. - Work Session adjourned. REGULAR MEETING 3:00 P.M. A Regular Meetinq of the Southold Town Board was held on Tuesday, November 28, 1989, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Marphy 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. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen 'Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: The first order of business is a resolution approving the audit of the bills of November 28, 1989. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $184,438.26; General Fund, Part Town bills in the amount of $295,028.02: Nutrition Fund bills in the amount of $1,402.46; Adult Day Care bills in'the amount of $147.55; Home Aide Proqram bills in the 180 NOVEMBER 28, 1989 amount o~ $70.60; SNAP Program bills in the amount of $1,097~47; Community Development Fund bills in the amount of $8,978.50; Highway Fund, Whole Town bills in the amount of $16,475.30; Highway Fund, Part Town bills in the amount of $54,286.83; Scale II Capital Account bills in the amount of $9,666.60; Computer Capital Account bills in the amount of $84,470.00; Composting Facility Capital bills in the amount of $27,786.52; Fishers Island Ferry District bills in the amount of $39,248.30; Southold Wastewater District bills in the amount of $17,329.16; Fisher Island Sewer District bills in the amount of $3,444.95; Southold Agency & Trust bills in the amount of $10,200.00; Fishers Island Ferry District Agency & Trust bills in the amount of $154.06. 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: Next is a resolution approving the minutes of the Town Board meeting of November 14, 1989. Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the November 14, 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: Next is a resolution setting the next meeting date for December 12, 1989, 7:30 P.M., Southold Town Hall. I offer that resolution. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday December 12, 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. I. REPORTS. SUPERVISOR MURPHY: The first item on the agenda are reports. These are all on file.i~ the Town Clerk's Office. 1. Town Justice Price Monthly Report for October, 1989. 2. S.C.I.S.C.C. Program Agenda for November 9, 1989, and Minutes of October 13, 1989 meeting. 3. Supervisor's Monthly Budget Report for October, 1989. 4. Dimension Cable Services Monthly Report for October, 1989. 5. North Fork Animal League Inspection Report for November 20, 1989. 6. Town Police Department Monthly Report for October, 1989. SUPERVISOR MURPHY: At-this time, I'd like to ask the Councilman, if they have anything special to 'report,' starting on my right with Ruth Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. We had our Commerce and Industry Committee meeting, which the Chairman will report on. On November 16th, we had our Farmland Preservation Committee meeting. We are looking at several pro- perties. We are getting the appraisals, which are on for resolution to send to the County for inclusion in the County Farmland Program, and we've had-about 13 responses to the letters, that were sent out to all landowners of ten acres or more. We're hopeful of getting more properties into the Farmland Preservation Program. On November 20th, we went to a recycling meeting over at Southampton, and Jean is really Chairman of the Education Committee. !'11 let her report on that. On November 27th, last night, I attended the Greenport Utility Committee meeting. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ruth. George? COUNCILMAN PENNY: Yes. On the 15th, we had a Commerce and Industry Committee meeting. We discussed the potential for the Town for appointing an Industrial Development Committee, and the way it was left, is that I hope the Commerce and Industry Committee would be able to handle this aspect, at least initially. Our intent is to channel new business requests through the Commerce and Industry Committee, to develop literature to refer potential customers to us, and that literature that can, possibly, be mailed out, and made available in all Town Departments, so that if a new business does want to locate in Southold Town, that they're channeled to the appropriate members of the Commerce and Industry Committee, for their imput, and feedback, and assistance. I just received a draft copy of a piece of literature from John Berryman, in response to this, which I haven't had time to go over yet, but we'll be fine tuning it at our next meeting. We discussed the Planning Board, and selection of Planning Board members. We NOVEMBER 28, 1989 1 8 i discussed the status of the Southold~?~bt~n' Promotion Committee budget. We discussed the peddling ordinance, and fiscal and regulatory impact ordinance, which are going to be coming up, I believe tomorrow night at the Code Committee. On 11128 Supervisor-elect Scott Harris, and I, visited George's Santitation. I believe the exact location is Quoque, but it may be Westhampton. It's run by George Mathis, who's working very closely with the Town of ;"Soi~thampton in recycling, and helping them getting over some of the real heavy duty problems, that is coming up with the dump closure, such as construction debris, and land clearing debris. George will be visiting with us on Thursday. We're going to meet with our local carters here, and get some ideas on ways to handle some of bulky waste, and the rec¥clable wastes. He's got quite an operation over there. It's amazing the money that can be spent in garbage, or the money to be made in garbage. I mean, he told us what his payroll was, what he paid for the plant, and how much some of the equipment cost there, and it is just astronomical. It shows that private industry can provide us with a lot of our solutions, and still at a fairly realistic rate. His rates are about half of what I've heard coming from other places on the island c[oser to Huntington, so we'll be discussing all of this. Thank you. SUPERVISOR MURPHY: Thank you, George. Jean? COUNCILWOMAN COCHRAN: George, just a clarification, just what I wanted to ask you earlier, it's this coming Thursday? COUNCILMAN PENNY: Yes. COUNCILWOMAN COCHRAN: Okay. I didn't know if it'was a week from Thursday, or this Thursday. Thank you. Well, it was reasonable quiet with the holiday and Town Hall being closed for a little bit, but on November 15th, I did have a meeting here with Jim McMahon a'nd myself, and three representatives from three high schools. I reported this to the Town Board this morning. It was a very positive, productive meeting. We met with Dr.- Nephew from Southold, I~lr. Ellwood from Greenport, and Mr. Christie from Mattituck,'in relation to the Substance Abuse Committee and placing the DARE Program into the schools. The DARE Program presently is being offered to, I believe, it's 91 schools within Suffolk County, through the Suffolk County Police Department. It's one of the few programs, that have been developed by both educators and law enforcement, and it's got a proven record. It's one of the programs, that you can measure. It's been successful. I't started in Los Angelos, and has spread throughout the United States. All three schools..we did not have to do too much convincing, as they came to the door, and the materials I had sent out to them, prior to the meeting, they came in and they were three positive people, agreeing to place these into the schools as a part of their curriculum, the DARE Program. So, the Substance Abuse Committee, we had a meeting of the committee following at five o'clock, and of course, everyone was delighted that things are moving along as well as they are. On November 20th, as Ruth stated, she and I traveled over with B~l~ty Jessup, who also, is a representative of the Town to the ER2A, or E2RA, I can never say it, but all I want to say is equal rights amendment, the recycling meeting over in Southampton for the five East End Towns. Again, it was just a rehashing and not really, too much going on, because unfortunately, or fortunately, it depends on your point of view I guess, the players in the game have changed, so there was myself, Ruth, two other ladies, and Hodwell, were the only ones there, and were some of the people that were the main functioners within, if that's a word, this group have not been reelected. The committee, right now, seems to just kind of be in limbo, and it's unfortunate because Hod did r~port, that there are more State funds available, that would be coming down, and of course, it effects the whole recycling concept for the five East End town, as a joint venture in developing the MURF over at Westhampton, and so on and so forth, so it's my suggestion to those newly elected officials, that they do an immediate contact with your Southampton supervisor, and your other five East End to keep this committee rolling along, because they were making progress, and time is the essence. It would be unfortunate to let a lapse in this committee take_ place. On the 26th, we had the dedication scheduled for Laurel and of course, the weatherman on the radio and television all morning, kept telling me it was going to clear by noon. Of course, by 1:00 o'clock, the schedule of the dedication, it had not cleared, but we went through with the dedication, anyhow. The group wasn't as large as we had hoped. In fact, it was quite small, but we felt that we would still cut a ribbon, and had a young person cut the ribbon~ and so on, and so forth. So, hopefully, the pictures that were taken by Jim McMahon will be furnished to the press, so that people know that it was dedicated. Other than that, Frank, I think that's it. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: Thank you, Frank. it was very quiet throughout the holidays. The only thing, that I have to report on now, was a trip that I took to Shelton, ConnectiCUt, and while I was there I toured the landfill in Shelton, which is about 30 miles north of Bridgeport, located in the same area as Vansonnia and Derby. Shelton is a small city, about 33 square miles, with a population of '182 NOVEMBER 28, 1989 35,000, a~d adversely or conversely to what's happening on the eastern end of Long Island. The city of Shelton has been trying to force the state of Connecticut, to close their landfill. They have a sign outside of it, that says land full, which stated exactly the situation they had reached, and they are total capacity. The landfill is located directly on the Housatonic River, and the reason that the State has not be able to close the landfill is because they can't find room to dump the garbage. They can't find any additional site, or can they site anyplace to put the ash from the incinerator plant. We had discussed this on the Town Board during the past year, when we had looked into incineration, briefly, the problems that they were encountering in Connecticut. They're going to eastern rural Connecticut now, to try to .site additional places to dispose of the ash. They have started, in Connecticut, they have a 1991 manadatory recycling law, that comes into effect, and in their small community they started a recycling effort, that's run by volunteers. The recycling station is set up at the Police Department. They run it once a month, on the third Saturday of the month, from 8 o'clock to 1 o'clock. They're only recycling approximately .5% of their garbage right now, even though there were lines that, if you didn't get there by about quarter to eight, you could expect to be on line for a good 45 minutes. Quite a few people are participating, but in a population of 35,000. ~lt's getting the right idea to the people. I, als0, had read Mirtis Mixon's article on the Waterfront Revitalization in Greenport, and as Greenport was as prior to study of, a Federal study, I guess, to look at Waterfront areas in the north east, that are trying to capitalize them in nautical and maritime character, and I went and looked at Norwalk, Connecticut, which was mentioned in the article, since it was right on the way, and they set up a seaquarium there, which is a tourist attraction. I know the marine aquarium was proposed in Greenport several years ago, and I understand that there may be a little bit of interest to get that back on the burner, at that point, so that would be something I look forward to working with in the future. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ellen. Raymond? JUSTICE EDWARDS: After the last Town Board meeting, I came over here, on the 17th. I had quite a bit of justice paper work to do in the court office, and also, a slew of motor vehicle applications, which I took care of. I flew back early Saturday morning on the 18th, and the Town Board flew over for the critical environmental area hearing. I'm surprised no one mentioned that. It was a good turnout. People on the Island are looking for more information as to whether or not to d~esignate the whole of Fisher Island a critical environmental area. On the afternoon on the 18th, I got the noon boat after the meeting, and drove up to Allegheny County. I sent a week up there chasing deer around. I didn't shoot any. I shot at them. Had a wonderful time. It's nice to get back home to a great area, eastern Suffolk County. It's kind of depressive up there in Alleghany County. Other than that, I guess that's it, Frank. Just one exception, on Wednesday, this'coming Wednesday, two of the garbage commissioners and myself, are going to drive up into Connecticut, and look at an organization up there, Connecticut Carting, that possibly will take our recyclables off Fishers Island, and I think we're going to get something started on Fishers Island on our own, before the summer starts. Than you, Frank. SUPERVISOR MURPHY: Thank you, Raymond. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on to Item II, on the agenda, public notices, there are two of them. 1. State of New York, Public Service Commission; Notice of Additional Oppor- tunies to Comment on New York Telephone Rate Proposals on Tuesday, December 5, 1989, at the Mahony State Office Building, 65 Court Street, Buffalo, N.Y., I:00 P.M., and Thursday, December 7, 1989, at the Board of Supervisors, Nassau County Executive Building, I West Street, Mineola, N. Y., at 1:00 P.M. and 7:00 P.M. 2. N.Y.S. Department of Environmental Conservation; Notice of Application of Joyce and Joseph Zevits to construct a septic tank in the vicinity of lot 131 along the East side of Little Peconic Lane, West Lake, Southold. Comments at hearing at Southold Town Hall Meeting Room, $3095 Main Road, Southold, at 10:00 A.M. on January 24, 1990. I11. COMMUNICATIONS. SUPERVISOR MURPHY: Number 3, communications, there were two, one from a Mary Tuthill, thanking us for a proclamation, and from the Mattituck Lion's Club, thanking the Town Hall, many members in the Town Hall for donations to 1;he hurricane victims. I. Mary B. Tuthill, thanking Supervisor Murphy, and the members of the Town Board for the congratulatory message and proclamation on the occasion of the Bishop Gerald Ryan Distinguished Service Award, she had received. 2, Peter Petrowski, Secretary of Mattituck Lions, thanking the various Southold Town Departments for th.e:~.r.~ic es and money donated for the hurricane victims. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: There are two public hearing scheduled at 3:30 1. 3:30 P.M, November 28, 1989, for citizens to express views on local needs to be met with Community Development funds. 2. 3:32 P.M., November 28, 1989, for "A Local Law in Relation to Shellfish." V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Item V on the agenda, which is resolutions. At this time, I'd like to remind everyone in the audience, ,vou may address the Town Board on any proposed resolutions, at this time, if you like. We will reserve time at the end of the meeting for any other comments. Is there anyone, who would like to comment on any of the proposed resolutions today? (No response.) Hearing none, we'll move on to resolution number one, which is to accept a proposal. 1.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of E. F. Kaldor, C.P.A., P.C. to audit the books and records of the Town of Southold and its grant programs for the year ended December 31, 1989, as follows: 1. Financial and Internal Controls Audits Town Audit $ 9,000.00 Grant Audits $ 3,500.00 2. Compliance Audit of Federal Projects $ 2,000.00 TOTAL $14,500.00 1.-Vote of the Town BoaPd: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is to grant Lisa Cultuna, assistant cook in the Nutrition Center, a maternity leave of absence. I offer that. 2.-Moved by Supervisdr Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants Lisa M. Caltuna, Assistant Cook for the Nutrition Center, a maternity leave of absence for a three (3) month period, effective November 27, 1989 to February 27, 1990. 2.-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 MUR. PHY: Number 3 is to recommend the reappointment of individuals for deputy Fire Coordinators in Southold Town to the Suffolk County Department of Fire Rescue. I offer that. 3.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby recommends to the Department of Fire, Rescue and Emergency Services, County of Suffolk, the followincj individuals to be reappointed as Count,/ Deputy Fire Coordinators for a two (2) year term, commencing on January 1, 1990 and ending on December 31 , 1991: 8-0-1 William Coulter 8-0-2 Leander Glover, Jr. 8-0-3 George Lessard 8-0-q David Dennison - Fishers Island 8-0-5 A. John Gada, Jr. - Fishers Island 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 to authorize a change order. 4.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a Chanqe Order in the amount of $2,576.00, with respect to the Installation of Truck Scale and Scale House Enlargement at the Cutchorjue Landfill to provide for the installation of a Federal APD G-89 Barrier Gate with a safety edge option, all in accordance with the recommendation of the Town's consultant on this project Holzmacher, Mclendon and Murrell, P.C. 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. 1 8 4 .OVEMBER 1989 SUPERVISOR MURPHY: Number 5 is to accept a bid. 5.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stanley Cierach, Jr. to perform custodial services as an independent contractor at the Southold Town Recreation Center, Peconic Lane, Peconic, at a fee of $21,120.00 for the period of January 1, 1990 through December 31, 1990; and be it further RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized and directed to execute a contract between the Town of Southold and Stanley Cierach, Jr. for the aforesaid custodial services. 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 accept the bid of Agway Energy Products, Inc. for supplying the Town with gasoline for the calendar year 1990, at a cost of $.0200 per gallon above the Northville rack price. I offer that resolution. 6.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Acjwa¥ ~Enercjy Products, Riverhead, for supplying the Town of Southold with cjasoline for calendar year 1990 at a cost of $.0200 per gallon above the Northville Industries Corporation's Long Island tank car consumer rack price, using the lowest rack price withing five (5) days of each delivery; said bid all in accordance with the bid specifications. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman C, ochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept the bid, also, of Agway Energy Products in Riverhead for supplying the Town of Southold with diesel fuel for 1990, at a cost of $.0320 per gallon above the Northville rack. I offer that. 7.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Acjwa¥ Enercjy Products, Riverhead, for supplyinc3 the Town of Southold with diesel fuel for calendar year 1990 at a cost of $.0320 per gallon above the Nort~hviH Industries Corporation's Long Island tank car consumer rack price, using the lowest rack price within five (5) day of each delivery; said bid all in accordance with the bid specifications. 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 to accept bid of Agway Energy Products for supplying the Town with heating fuel oil, number 2, for calendar year 1990, at a cost of $.0320 per gallon above the Northville rack price. I offer that resolution. 8.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Acjway Enerr~y Products, Riverhead, for supplyin,~ the Town of Southold with heatincj fuel.oil (No. 2 fuel oil) for calendar './ear 1990 at a cost of $.0320 per gallon above the Northville Industries Corporation's Long Island tank car consumer rack price, using the lowest rack price with five (5) days of each delivery; said bid all in accordance with the bid specifications. 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 is a resolution enacting Local Law No. 22. 9.-Moved by Councilman Penny, seconded by Councilwoman Cochran, WHEREAS, a proposed Local Law No. 22 - 1989 was introduced at a meeting of this Board held on the 1st day of August, 1989; and WHEREAS, a public hearing was held thereon by this Board on the 29th day of August, 1989, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 22 - 1989 be enacted as follows: LOCAL LAW NO. 22, 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 100-13 is hereby amended by adding thereto the following: FRATERNAL ORGANIZATION - A non-profit association of persons NOVEMBER 28, 1989 185 bound by a common intere~"6~ ~bal; loe it civic, patriotic, ';sharitable, educational or historical. 2. Section 100-71A is hereby amended by adding thereto a new subsection (3) to read as follows: , (3) Buildings, structures and uses owned or operated by ~:raternal organizations and untilized for activities typically conducted by a fraternal organization including, but not limited to plublic meeting places, charitable and fund-raising events, pa~triotic observances and cateri'ng for public and private functions. II. This Local LaW shall take effect upon its filing with the Secretairy of State. 9.-Vote of the Town Board: Ayes: CouncilWoman Larsen, CouncilwomaniOliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, SuperviSor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 10 is to appoint Anthony Williams a., an EISEP Aide, at $5.50 per hour, and as a Brief Respite Aide, effective Nov.~mber 13, 1989, at 20 hours per week, at $4.50 per hour. I offer that. 10.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town BOard of the Town of Southold hereby aplcoints Anthony Williams as-an EISEP Aide, effective November 13, 1989, 30 hours per week, $5.50 per hour, AND as a Brief Respite Aide, effective November 13, 1989~ 20 hours per week,. $4.50 per hour. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman !Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, SuperviSor Murphy~- Tilis resolution was declared duly ADOPTED. I SUPERVISOR MURPHY: Number 11 is to appoint a work/study clerkI AMENDED 12/12/89 Res. #43 ~ 11 .-Moved by CouncilWbman Larsen, seconded by Justice Edwards, it wa~ RESOLVED that the Town Board of the Town of Southold hereby appbints Kimberly Walkden as a Work/Study Clerk in the Office of the Board of Town Trustees to work during her 1989/1990 college breaks, effective immediately, at ~ salary of $6.00 per hour. 11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervi~or MUrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 12 is hire a consultant. Rescinded 2/27/90 by Resol. #11 12.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of So~'~.thold hereby enc~ ages the services of Dr. John Hansen as a consultant to the Board of T~wn rustees to review the Robert Searle project at Fishers island, effective immediately, at a salary of $30.00 per hour, plus ~travel and meal expenses. 12.-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 13, we are holding to do some resear~:h on. (Ad~Zer~tise for bids for the purchase of two 1990 automObiles for the Building Department.) Number 14 is to authorize a refund. 14.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it wa~ RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $301.00 to Joseph- Andrade, which amount represents the purchase.of 20 - 4-yard Sand Tickets purchased on July 24, 1987; said refund is autl~orized because the Town of Southold is no longer selling Sand from the Landfill Site~ Cutchogue. ($280.00 - tickets at $3.50 per yard, $21.00 - Tax at 7~° = $301.00).I' 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Pe~, C---~-~-~'cilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to agree how monies levied and collected for the repair of highways in the Town is spent. 15.-Moved by Councilwoman Cochran, seconded by Councilwoman Olive, i'~ was RESOLVED by the Town. Board of the Town of Southold that pursuan~; to the provisions of Section 284 of the Highway [_aw, the Town Board agrees that moneys levied and collected for the repair and improvement of hicjhwa,vs, andl received from the state for the repair and improvement of highways, shall be elxpended as follows: The sum of $1,668,925.00 may be expended for general repairs upon ~-miles of TOwn highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the reneWals thereof;I and.be it further RESOLVED that no moneys set aside for such improvements shall be ~xPended, nor shall any work be under taken on such improvements, until the (~ounty Super- intendent approves the plans, specifications and estimates for such construction. COUNCILWOMAN I..ARSEN: Yes. The only comment I'd like to make, is road water run- off included in this.~ It'§ a million dollars. I'm sorry, I wasn't here when we went through the list. COUNCILWOMAN COCHRAN: This is general. TOWN CLERK TERRY: This is a specific one, Ellen. The County Superintendent.. If you turn if over you'll see it's a form. COUNCILWOMAN LARSEN: Yes. I read all this, when I reviewed it, but I just know that everyone has said that road water runoff was a huge priority for the Town, and this is over a million and a half dollars, and a sluice and a culvert are what bring the runoff into the waterways. 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 16 is to authorize appraisals for the Town Farmland Preservation Committee. 16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Andrew Stype to conduct the followinq appraisals on behalf of the Farmland Preservation Committee at a total cost of $2,200.00: Madeline Moelius, Main Road, Southold, 18.192 acres (1000-75-2-16); Paul Kalowski, Irene Sawastynowicz, Dorothy Mulhall and Others, Alvah's Lane, Cutchogue, 30.3 acres & 38.7 acres (1000-102-4-6 and 1000-109-1-24.1); Catherine Simicich, Bergen Avenue, Mattituck, 30 acres (1000-113- 7-19.22). 16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, SupervisoP Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: It is now 3:30, I would like a resolution to recess in order to hold a public hearing. 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 tw~ public hearings. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwo'man Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconv~ned at 3:50 P.M. SUPERVISOR MURPHY: Resolution number 17, is to set a public hearing for 8:00 P.M., Tuesday, December 12, 1989, Southold Town Hall, on a proposed local law. 17.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Soutl~old a proposed Local Law entitled, "A Local Law in Relation to Zoning" (apartments over business and .professional offices); now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, December 12, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1.Section 100-71.B is hereby amended by adding thereto subsection (7) to read as follows: (7) Apartments may be permitted over business and professional offices as regulated by section 100-91.B(4),(a) through (f), inclusive. 2. Section 100-91.B(4) is hereby amended to read as follows: (4) Apartments may be permitted over retail stor~.s and business, professional and governmental offic-~$, subject to the following requirements: II. This Local Law shall take effect upon its filing with the ~.~ecretary of State, 17.-Vote of th~ Town Board: Ayes: Councilwoman Larsen, C~.~.~nci~woman Councilman Penny, Councilwoman Cochran, Ju~.-i.~;~ Edw~:mds, Suoervisor Murphy. This resolution was declared duly ADOPTED. ' SUPERVISOR MURPHY: Number 18 is to dedicat.~: ~: certain road in Southold to be known as Garden Court. NOVEMBER 28, ,989 1 8 7 18.-Moved by Justice Edwards, seconded.by Councilman Penny, WHEREAS, Southold Gardens Proper~y ~)Wners Association, Inc. has made application to the Town Board of the Town of Southold to dedicate a certain road in Southold~-~ New York, to be known as "GARDEN COURT", and vertical sand drainage area, as shown and designated on a certain map entitled, "Map of Southold Gardens", and filed in the Suffolk County Clerk's Office on Ma,/ 7, 1979, together with release executed by the owners thereof; and WHEREAS, the Southold Town Highway Superintendent has inspected said highway 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 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, New York. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Counci man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This res~olution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to authorize a refund of $78.30 to Joseph Verity, for an overpayment of a Building Department fee. I offer that. 19.-Moved I: RESOLV refund Buildinc 19.-Vote of' Counciln This res y Supervisor Murphy, seconded by Councilwoman Cochran, it was ED that the Town Board of the Town of Southold hereby authorizes the ~f ~;78.30 to Joseph Verity, which sum represents the overpayment of a Department fee. the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, ~an Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. olution was declared duly.ADOPTED. SUPERVISOR MURPHY: Number 20 is to execute an agreement for an electric easement between the Town and Long Island Lightin9 Company. I offer that. 20.-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 Francis J. Murphy to execute an Electric Easement between the Towi~ and Long Island Lighting Company over Town property located at Southold, at the intersection of Liberty Lane and Colonial Road, over a Town-owned 20 ft. right-of-way, to the affordable housin9 program lot of Janet Perez, all in accordance with the approval of Town Attorney Schondebare. 20.-Vote of ~he Town Board: Ayes: Councilwoman Larsen, Councilwoman Olva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to accept and approve a maintenance bond. 21 .-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts and approves the $136.332.00 Maintenance Bond of. South Fork Asphalt Corp. with respect to the installation of the Exit Truck Scale at the Cutchogue Landfill, said bond as approve~, by Town Attorney Schondebare. ~ 21.-Vote of '~he Town Board: A~yes: Councilwoman Larsen, Councilwoman Oliva, Councilm~n Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to authorize the Town Clerk to advertise for resurges for the position for clerk typist for the Planning Board, at a salary of $17,474.32 per year. I offer that. 22.-Moved b}~ Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVP_jD that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the position of Clerk Typist for the Flannin9 Board, at a salary of $17,474.32 per annum, should the Plannin9 Board be unsuccessful in securing a.Clerk Typist from those resumes on file from a recent advertisement. 22.-Vote of ~e Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilm~n Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This ~'esclution was declared duly ADOPTED. SUPERVISOR MURPHY: Whole To~ 23.-Moved by RESOLVE following the trans for paym[ the Laure Number 23 is a budget modification to the General Fired ~n 1989 Budget. Councilwoman Cochran, seconded by Councilwoman Oliva, it was tha~t the Town Board of the Town of Southold hereby authorizes the ~udget modification to the General Fund - Whole Town 1989 Budget for '"er of monies from the Park & Playground Account to the General Fund nt of the supply and installation of ballfield fencing and backstops at Lake Park: ' 188 NOVEMBER 28, 1989 To: Revenues: A2025 Special Recreation Facility $ 10,587.00 Appropriation s: A7110.2 Parks, Equipment $ 10,587.00 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliv,~, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murpl~y. This resolution was declared duly ADOPTED'. SUPERVISOR MURPHY: Number 24 is to authorize the close out of the Fishers Island Sewer Capital Fund, and give the money back to FIDCO, which advanced this money of $10,000.00, and transfer $858.85 plus November interest to the Fishers Island Sewer District. I offer that. 24.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the close out of the Fishers Island Sewer Capital Fund and the distribution of monies as follows: $ 10,000.00 to be. turned back to FIDCO. $ 858.85, plus November, 1989 interest to the Fisher Island Sewer District. 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 to authorize the attendance at a computer training course. 25. -Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes two (2) employees from the Accounting & Finance Department to attend a computer training course, sponsored by Business Records Corp., at Syracuse, New York, on December 19,20,21, 1989, and the necessary expenses for airfare, car rental, meals and lodging shall be a legal charge against the Accounting & Finance Depart- ment's 1989 Budget. COUNCILMAN PENNY: I just have a question on this. How do these people travel' SUPERVISO~R MURPHY: Take a Town car. COUNCILMAN PENNY: - They're going to drive up? When we say here..it just says travel, it doesn't specify whether they want to take a plane, or whatever. COUNCILWOMAN COCHRAN: You don't know what the mode of travel is? Sometimes if it's three days away, you don't drive, you fly. COUNCILMAN PENNY: I would think that the resolution would spell out the.. SUPERVISOR MURPHY: That's what he has here. Well, he has noted for airfare, $786.00, rooms are $584.00, and a cai- would be $35.00, $40.00 a day. He's renting a car up there. COUNCILMAN PENNY: Can we amend it to include the use of the Town vehicle? SUPERVISOR MURPHY: They'll be gone another day. It might be more expensive that way. What would you like to do, George? COUNCILMAN PENNY: I'm suggesting that we select a mode of travel. I mean, if they're going to take a Town vehicle, you probably have to authorize the use of it. COUNCILWOMAN COCHRAN: I would think we could let this one go, George, and then when the Board has time to discuss it, we'll put a policy in place, or a directive, or something, so that in the future, this information...Unless you want to hold it all together. TOWN CLERK TERRY: I think he's talking about the car, because he's done the mathematics. SUPERVISOR MURPHY: They're going to rent a car there, though. That's what it is. TOWN CLERK TERRY: Why don't you do a motion to table, and while you'~re in recess find out? Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that Resolution Number 25 be TABLED. Table 25.- NOVEMBER 28, 1989 COUNCILWOMAN LARSEN: 'Well, ~:P~' {~Y"i*;e going to fly, It's spelled right out here, air fare, the rooms, and the car, $35.00 a day. They're flying up. They'll be gone for three days. It's an essential, that they take the course. The new software will be provided at no cost to the Town, et. Training is essential, provided by BRC.. -Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. (See last page of these minutes for Vote on #25.) SUPERVISOR MURPHY: Number 26 is to approve the amount of $159,621.00 for a bond for roads and improvements in the major subdivision Wolf Pit Association. I offer that. 189 26.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $159,621.00 for a bond for roads and improvements in the major sub- division of Wolf Pit Associates, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 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 approve the revised amount of $174,710.00 for a bond for road and improvements in the major subdivision of Elijah's Lane Estate. I offer that. 27.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby approves the revised amount of $174,710.00 for a bond for roads and improvements in the major subdivision of Elijah's Lane Estates,· Section III, all in accordance with the recom- mendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 27.-Vote of the Town Board: Ayes: Councilwoman I_arsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to approve the amount of $55,350.00 for a bond for roads and improvements in the subdivision of Highpoint Section Ill. I offer that. 28. -Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $55,350.00 for a bond for roads and improvements in the subdivision of Highpoint Section III, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 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 the amount of $565,530.00 for a bond for roads and improvements in the major subdivision of Highpoint II, Section One, Two and Three (DBM Affordable Housing Project). I offer that resolution. 29.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that tile Town Board of the Town of Southold hereby approves the amount of $565,530.00 for a bond for roads and improvements in the major sub- division of Highpoint II, Sections One, Two and Three (DBM Affordable Housing Proiect), all in accordance with the recommendation of the Southold Town Plannin9 Board and Sidney B. Bowne & Son, Consultin9 Engineers. 29.-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 30 is to authorize an appraisal. 30.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision of Highpoint II, Sections One, Two and Three (DBM Affordable Housincl Project) , so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A106-38E.(3), Subdivision of Land, of the Code of the Town of Southold. 190 NOVEMBER 28, 1989 COUNCILWOMAN LARSEN: Yes. I'm going on yes on this, with the agreement, that we made at the work session today, that the letter and the concerns of the people in the immediate area, that park and playground area, be set aside before the Planning Board for their response. COUNCILWOMAN COCHRAN: I, also, want some iustification from the Planning Board, since they've changed their mind, and we've changed our mind, so maybe we can come to a meeting, a meeting of the minds. Yes. 30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penn'/', Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is a request to the New York State DEC to further delay condemnation of certain properties in Orient. 31.-Moved by Councilman Penny, seconded by Councilwoman Cochran, WHEREAS, TI-tE New York State Department of Environmental Conservation has proposed to acquire by eminent domain 460+ acres in Orient, Town of Southold; and WHEREAS, the primary purpose of this acquisition is to preserve an existing wetland area from all development; and WHEREAS, to date 94 acres in separate ownership have been acquired; and WHEREAS, 275 acres are scheduled to be appropriated by November 39, 1989; and WHEREAS, negotiations for the remaining 108+ acres have not resulted in either purchase or negotiated acquisition contract; and WHEREAS, the Orient Meadowland Property Owners Association owns most of these 108-+ acres which property is not under threat of development; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby cjoes on record in behalf of the followin9 property owners in Orient: DEC Parcel Numbers; 13.2 Irving Latham 13.3 Peconic Land Trust 13.4 Constance Terry & others 13.5 Lloyd Terry 13o12 Anna Droskoski 13.13 Lloyd Terry & others 13.25 (a)&(b).Margaret Strachen 13.27 Mary Louise Blank 13.28 G. Ritchie Latham 13.38 Marion Edwards 13.47 Kenneth & Dierdre Strachen as these properties in private ownership are not threatened by development, and the Town Board requests the New York State Department of Environmental Conservation to further delay condemnation of these properties to further allow discussion of alternatives to condemnation on the aforesaid properties; these alterna- tives to include: (1) Right of first refusal to State purchase upon resale. (2) Recognition of Town preservation programs. (3) Recognition of efforts of the Peconic Land Trust. 31.-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 32 is to authorize Supervisor-Elect Harris and Police Chief Winters to attend an Emergency Management Training Course. I offer that. 32.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was' RESOLVED that the Town Board of the Town of Southold hereby grants permission to Supervisor-Elect Scott L. Harris and Police Chief H. Daniel Winters to attend ?. an Emergency ~anagement Training Course, sponsored by the New York State Emergency Management Office, on December 11 through 15, 1989, in the Long Island area, and the necessary expenses for meals and travel b-/ Town vehicle shall be a legal charge against the 1989 Budget. 32.-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 33 is to authorize two personnel to attend a Drug Abuse Resistance Education school in March, 1990. I offer that. 33.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to two (2) Police personnel to attend a training course for the DARE (Druq Abuse Resistance Education) Program at Syracuse, New York, on March 12 through 23, 1990, and the necessary e;(penses for hotel, meals, and travel shall be a legal NOVEMBER 28, 1989 1 9 charge against the 1990 Budget · : 33.-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 34 is a resolution establishing a Southold Town Waste Management Task Force. 34.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it RESOLVED that the Southold Town Board establishes herewith the Soutbold Town Task Force on Waste Manac~ement whose primary objective will be the l~reparation of a waste management plan acceptable to the Town Board, Southold Town community, and the New York State Department of Environmental Conservation. BACKGROUND: It is essential that Southold Town move quickly to put in place a waste manage- ment plan and related facilities. The proposed Task Force would assist the Town Board to address the technical, environmental, social, legal and financial issues associated with waste management in the Town in time to put the Town in compliance with all relevant laws. THE SOUTHOLD TOWN WASTE MANAGEMENT TASK FORCE: The Task Force is an official arm of the Town Board with Terms of Reference (outlined below) provided by the Board. The Task Force is a working body for the Town Board. It is expected to collect information from many places, meet with officials from other towns and agencies, communicating fully with other interested parties, and to prepare a series of recommendations for Board consideration. The Task Force cannot make decisions in the name of the Board, but will propose actions for Board decision. The initial members of the Task Force are hereby, appointed by this resolution. They include two current Town Board members representing two political parties, and the other members are selected on the basis of (1) commitme.nt, (2) expertise in one or more aspects of waste management, (3) time available to work, and (4) representation of important parts of the Southold Town community. The Town Board may appoint a limited number of additional people to the Task Force in the future upon the Task Force's recommendation. The Task Force Chairman is designated by the Town Board by this resolution. Other personnel assignments will be made by the Task Force. TASK FORCE AND TOWN BOARD: Wil or without the Task Force, the Town Board is responsible for Southold Town's policies in regard to waste management and compliance with state law. Because of the importance to the Board of the waste management plan and its implementation, the Task Force will be expected to report its progress at every regularly-scheduled Town Board meeting, and will be sensitive to guidance given it by the Town Board. The Task Force will be actively involved in implementing only one part of the plan: communication with the Southold Town community. Carryin~ out all other aspects of the Town's waste management plan will be the respor~'sibility of the Town and its dul~,, constituted bodies. CHARGE TO THE TASK FORCE: The Task Force will: 1. prepare a Southold Town Waste Management Plan acceptable to the Town Board which addresses technical, finan~:ial, legal and 'environmental concerns; 2. communicate fully with the Town Board, other towns, and the Southold Town community and New York State Department of Environmental Conserva- tion on a regular basis; 3. seriously consider, at the earliest possible time, separation, recycling, volume reduction, and privatizing parts of the waste stream; 4. seriously explore complementarities, economies and possible joint facilities with other towns; 5. recommend one or more resource recovery options to process the residual part of the waste stream. SUPPORT: Members of the Task Force will not receive payment for their time. Reasonable and normal expenses incurred by members of the Task Force in carrying out their duties will be reimbursed, however, in a manner similar to that for Town officials. This includes travel e×penses for out-of-town meetings necessary to prepare the plan, secretarial and other related expenses, AND BE IT FURTHER RESOLVED that the Southold Town ~'¥aste Management Task Force shall initiall,/ have a membership of the following nine individuals, additional members may be added at a later date if necessary, and. some individuals may be dropped. Tow of the Task Force members are member of the Town Board representing different political parties. The Task Force members shall be: Thomas H. Wickham, Councilman-Elect, Chairman (Republican) Ruth D. Oliva, Councilwoman {Democrat) 'William Cremers Johanna Northam Henry Pope John Romeril Thomas Samuels Stanford ~earl Reginald Tuthill 1, 9.Z NOVEMBER 28, 1989 34,-Vote of the Town Board: Aves: Councilweman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards. Nos: Councilwoman Larsen, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I'd like to just comment on it. I think it's a duplication of work, that has been done, and I think the Town Board. s-hould be doing the work themselves. COUNCIl_WOMAN LARSEN: The only comment, that I would like to make, is as this becomes a part of the official resolution, we are authorizing travel expenses for out of town meetings, for the members of the Task Force, Also, I would have supported it, but evidently, as the past Town Board, whenever any appo_intments were made, all the Town Board members were part of the interview, received the resumes, input was there, and even though there will be an appointment from two committee members, one will be from the Democratic party, and one will be from the Republican party, I feel that there were interviews held, and we were not included, none of the existing members of the Town Board were asked for any imput on this. That is one of my reasons for voting, no. I don't feel it was done in an appropriate manner, and imput was asked from all of us, as was the past practice of the Town Board. SUPERVISOR MURPHY: Number 35 is to authorize the transfer of a clerk typist, Jill Thorpe, from the Plannin9 Office to the Town Trustees Office, when the Plannin9 position is filled. Amended 12/27/90 by Resol. #22 35.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of Clerk Typist Jill M. Thorp from the Planninc~ Board Office to the Board of Town Trustees Office, effective upon the appo'i'ntment of a new Clerk Typist for the Ptannin9 Board Office, and after Ms. Thorp provides one (1) week of trainin9 to the new Clerk Typist. 35.-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 36 is a negative dec. on the change of zone petition of Van Duzer Appliance, Inc. I offer that. 36.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to Article 8 of the Environment Conservation Law, State Environmental Qualtiy Review and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Petition of Van Duzer Appliance Company, Inc. for a change of zone from "A-C" Agricultural-Conservation District to "B" General Business District on certain property located on the north side of North Road (C.R.48), Southold, New York. This determination is issued in full consideration of the criteria for determina- tion of significance contained in 6NYCRR Part 617.11. In addition, a Lon9 Environ- mental Assessment Form Parts I, II and III, has been prepared by the Town, and has been fully considered by the Town Board in the preparation of this determination. This Negative Declaration is issued in compliance with Part 627.8(e) (1)(ii), and in full consideration of the documentation and other relevant informa- tion provided. The following specific reasons are offered in support of this determination: 1. The change of zoning will allow for the continuation and improvement of an existing propane storage facility which has been located on the site for over 20 years. Improvement of the facility may reduce potential impact on public safety. Potential for impact is considered Iow due to operation of the facility in accordance with municipal, state and industry standards. The site is periodi- cally inspected by the Town Fire Inspector and has been found to be in compliance with standards. 2. The change of zone will not cause a sufficient intrusion into a residential neighborhood. Buffering and setbacks can be provided and should be conside,*ed by the Plannin~ Board in conjunction with future land use or: this parcel. 3. The precedent setting nature of this action has been considered in the Long Environmental Assessment Form Part III a:-.d is not considered to be suffient due to the uniquesness of this application, and the surrounding zoning, land ownership patterns and uses. 4. The potential impact of the project upon groundwater resources has been considered and found not to be significant due to the nature of the material stored. 36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. NOVEMBER 28, I989 193 SUPERVISOA mURPHY: N~m~t~ 32 is to se~ 3:30 P.M., Wednesday, December 37.-Moved by Sb~s~r Mu~ph, y, s~ by C~u~cilw'oman Cochran, WHEREAS, Van Duze~-Appliance Company, [,c,, by petition dated Octo~ 2~, 1989, petitioned the Town Board o[ the T~wn of Southotd for a chang.e ~f zone on certain property located on the north side of North Road (C.R.~8}, Southold, from "A_C" Agrieultu~a-Conservation District to "B" General Business District; said property bounded and described as follows: Beginning at a point on the northerly line of middle Road, 605.~ ~et easterly from Railroad Ave., being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson N.10°53~50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.1O~53'50"E.- ~50.B3 feet to land of Villa9e of Southold Shopping Center, Inc.; thence along said land S.23°21'20"E,-182.1~ feet to the northerly line of Middle Rd.; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'q0" W.-301.71 feet to the point of beginning. Containing ~.~815 acres; and WHEREAS, the Southold Town Planning Board and the Suffolk County Department of Plannin9 have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 3:30 P.M., Wednesday, December 27, 1989, Southold Town Hall, Main Road, Southold, New York, as time and p~ace for a public hearing on the petition of Van Duzer Appliance Company, Inc., at which time any person desiring t0 be heard should appear at the time and place above so specified; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearin9 to be published in the offical newspapers pursuant to the requirements of law. 37.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oiiva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 38 is to authorize additional engineering and inspection fees to H2M, with respect to the installation of the exit truck scale at Cutchogue Landfill. I offer that. ~38.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following additional fees to Holzmacher, McLendon and Murrell, P.C. for engineering services provided with respect to the constractor change order for the installation of Exit Truck Scale at the Cutchogue Landfill: $3,500.00 for additional design/ construction administration services, and $2,500.00 for additional construction inspection services. 38.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Council- man Penny. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 39 is to appoint three additional members to the Southold Town Substance Abuse Committee. 39.-Moved by Councilman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followin.g individuals to the Southold Town Substance Abuse Committee, effective immediately through October 24, 1990, they to serve in said position without compensation: Linda Saunders, Elizabeth MacNish, and Eric Brewer. 39.-Vote of the Town Board: Ayes: Councilwoman Larsen, C~uncilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: We're going to recess, and have an executive session on some personnel matters, and so at this time, rather than hold people up, is there anyone in the audien~:e, who would like to address the Town Board, on any matters of concern? Ritchie? RICHARD CAGGIANO: I'm Rich Caggiano, from Southold. ! happen to catch an interview on Channel 12, on Sunday night. It was Supervisor-elect Scott Harr's, and he was asked a question about the landfill problem, we have in Southold. His response was, we were talking to the Town of Hempstead. They have come to accept an agreement, or there's an agreement or some discussion going on, saying that they would accept our garbage for $60.00 a ton, plus a transportation charge. I was just curious, and ask the Town Board, wt~at the transportation charge ~ould be, and what the ? SUPERVISOR MURPHY: The Town Board has heard nothing, concerning that. COUNCILWOMAN OL1VA: Didn't even know he was on Channel COUNCILM, AN PENNY: Why don't you ask him? -- RICHARD CAGGiANO: The reason;I'm asking the Town Board, is because he said, we. I assumed he meant, we, included the Town Board. COUNCILMAN PENNY: Rich, there was a trucking rate that was established, and we have it as part of our records from Daneco, which shows very clearly the round trip rates, and it is part of Town records, and I believe, that you're going to find it runs in the realm of between $10.00 and $15.00 per ton on a round trip basis. So if you want to check that, I'm sure Judy can give you a copy of that. But it's not a fixed fee at this time, but it was research, that was done by Daneco in their proposal to us. It showed, ! think it was, Brookhaven was like $4.00. It gave every step for the way in toward the city. So you're probabl talking somewhere in the neighborhood of maybe, less than $10.00 to no higher than $15.00 a ton. SUPERVISOR MURPHY: But in answer to you, Rich, it hasn't come before this Town Board. RICHARD CAGGIANO: So it's not somthing the Town Board is' working on? SUPERVISOR MURPHY: This Town Board is not working on it. RICH~RDCAGGIANO: Okay. I guess we'll wait until the Advisory Commi,ttee is established, and they'll work on it? Thank you. SUPERVISOR MURPHY: Any other comments? Mr. Pell? WILLIAM PELL: First of all, before you go back into your work session, I'd like Mr. Penny's comment on some of the people going to computer school, from three to one, and then to two. I hope you will also, consider when you send two Police personnel away to the Drug Abuse Program, that you'd end up sending one, and have him come back, one person come back, and pass what he learned to the entire Police Department, instead of sending two. COUNCILWOMAN COCHRAN: I'm sorry Bill, that's not set up that way, in answer to you statement. This is a training, that's done by DARE USA. The two police officers. . right now, we have 1½ JAB officers that are kept busy full-time. We have added a ½ of officer, so that in addition to their present duties, they can continue and place the DARE Program in the seven or eight schools, that we have. Only the people that go to the DARE training are certified to teach it within the schools, and the school curriculum. So it's nothing that's brought back and forth. It's certification and so on and so forth. Just for clarification. WILLIAM PELL: There are two main things, I'd like to talk about today. One, was a resolution, that was passed, last Town Board meeting. The other one is something,I read in the Suffolk Times, back in September. The resolution, with permission from the Board, I'd like to direct to the resolution, who offered it. Resolution Number 33, of 11/14/89, Narrow River Road Marina dredging project. I'm looking to the fact that there was no end date in it. I'm interested to see that there is an ended date into the resolution, like September 31, 1990, so permission would end. It wouldn't be carried over from year to year, until they got the project done. There is a date submitted in the minutes, which I have a copy of, that says between Memorial Day and Labor Day, 1990, no soil shall be put there, which is fine. I have no question about that, which is fine. I'd like to see something added to end it. Also, on the same resolution, you -- said say they shall a right of access to the water. I went down there and looked at the proposed area. The width is approximately 100 feet wide. The depth is approximately 150 feet. If you leave a for a person getting a vehicle to and from the water, there will be no room left to park..for the person to park. It's fine for the summer months, but for seasonal month~ when they're scalloping and clamming, when they're working the bay, they have no room, after they take the whole parking lot 'for their fill space. We become second class citizens. We have to park in the road, or block the entrance ramp. I'd like to see you amend it, and say they can only use half the area, so half will be used for parking for the people. During all the rain, I went down there. There were two clam diggers, out there digging clams. Now, if they only had the rod to get their vehicles in and out, there would be no place to park. I wish you would reconsider that. Dredged materials, it said, will be trucked to the landfill. I heard you change that to, must be trucked to the landfill. The Town does not sell sand now. They can put it on the Town property, let it drain off, then they could NOVEMBER 28, 1989 1 9 5 sell it. If you'r~ going to give them permissi~ to use c~ property, and if ~t is sold, the Town should be reimbursed w~tho~t su~ppl~yf~e3 industry with a drainage area for Town land. That is Town bottom, Th~t~s right. I would like to see, must be trucked to landfill, or if sold, the Town is reimbursed at it's fill rate. Most of all, I was upset in the resolution, that ga~e permission to use the Town property with no insurance clause in there, to say the Town from insurance. It is. not in the resolution. If an individual is going to get hurt, or water runoff and freezes in the wintertime, if an idividual gets hurt the Town is liable. There should be an insurance clause put in the resolution, so the Town__ I urge you to reconsider, Ellen, the resolution which you proposed last Board meeting. COUNCILWOMAN LARSEN: I didn't propose it. WILLIAM PELL: You sponsored it, but it's absolutely ridiculous. COUNCILWOMAN LARSEN: I moved it, but I'll be glad to take care of the amend- ments. WILLIAM PELL: On the same idea, in the minutes of the 11/14/89 meeting, I have a problem, and I will quote from the minutes, and I'm quoting you, Ellen. I'd like to add that, Ruth and I met with the owners of the Narrow River Marina. The project was scaled almost by two-thirds. End quote. I thought the bay bottom was under the jurisdiction of the Trustees, not the Town Board. I have a letter from the local press, dated 1985, and I will quote from the letter. Supervisor Frank Murphy, The Trustees of Southold Town are responsible for all Town owned creeks' bottoms. Signed, Henry Smith, President of the Board of Trustees. I commend you for meeting with them, and getting them to scale down, but actually I believe as Ellen said today, up there, the bottom belongs to the Trustees, not to the Town Board. COUNCILWOMAN LARSEN: Bill, we met.with them in relation to the amount of dredged spoil, the tonage, that was being placed on the Town boat ramp. Ruth had met with the engineers, and had come up with the figures of how many truck loads of spoil, they were asking to put on the property, and it was unexceptable to put that volume of spoil on the property. So unless they could come up with an alternative method of taking care of the amount of spoil, our recommendation would be not to use the ramp at all, and they realized that they did not need, after conservation, did not need the amount of dredging that he originally proposed, and they still have to get a Trustees... COUNCILWOMAN OLIVA: They still have to go to the Trustees, Bill. WILLIAM PELL: I just wanted to make sure the permit wasn't issued yet, because I feel very strongly about a couple of the points. COUNCILWOMAN LARSEN: We have nothing to do with that. We don't give a permit. WILLIAM PELL: My point was, you were negotiating to reduce the size of it, and I understand... COUNCILWOMAN OLIVA: The reason was, I checked that with our consulting engineers, and originally they wanted over 4,000 cubic yards of fill, and when I checked with Sidney Bowne, that would have meant about a half acre in size, six foot high, the spoil material, and that certainly was not acceptable at all. WILLIAM PELL: Do you know how they're going to pump the fill up there, to get it up there? Hydraulic pump? Dredge, or what method is going to be used? COUNCILWOMAN LARSEN: That wasn't our concern at the time. We didn't go into that. We went into the amount of dredged spoil proposed for the site. WILLIAM PELL: I beg to differ. What's that land doing on your land? It is your thing, and I'm worried about the runoff, how they're going to dike it? Are they going to put it up there? If they build dikes, who's going to build the dikes? What type of building is it going to be? The other item, I wish to bring up, in September, I read in the local paper, a letter, an article, I come up and I got a copy of the minutes. Another proposed , it says, Robert Pfluger, president of B.P. Wreckers Limited met with the Town Board to discuss his proposed junkyard, he's operating,and composting business in Greenport on St. Peter's Church property. I have a little problem there, with it. We just went through a Master Plan. It's adopted. Under the old Master Plan, or develop- ment plan, or the new Master Plan, that permit is not accepted in that area. For him to come to this Board, and admit to you people that he's running a junkyard, and com.posting operation on a piece of land, that you all should be familar with, since you went through the Master Plan, upset me a little bit, especially since 1985. Another letter, from Town Attorney Tasker to Frank Murphy, Supervisor, Town Board. All Town Board got copies of it. Basically, you asked him, if there were any violations there. I will read the last paragraph of his letter. The foregoing, it would appear to me, that the operation in question violates Chapter 48 of the Town Code, Chapter 54 of the Town Code, Chapter 100 of the Town Code. Your Town Building Department cited him, under due process, to clean the act up. That letter was dated April 5, 1985. Another letter, April 19, 1985 from the law firm of Smith, Finklestein, Lundberg, Isler, and Yakaboski, to Mr Pfluger, Mr. Schelin, St. Peter's Church and others. -- I will read part of that letter to you. For your information, it would appear to us that the use and the occupancy of the premises currently violate provision of Chapter 48, 54, 100 of the Town Code. They had started due process to get this piece of land in order. But, what upsets me, is after Mr. Pfluger comes before,you, the Town Board in it's wisdom, sends a letter to the St. Peter's Church, dated September 18, 1989, the Town of Southold expects to grant him a temporary lease of landfill property, while his proposal for acquisition is going through the planner's stages. Until we are able to do this, we would ask your cooperation. Basically I think it means you're asking to extend the lease. On one hand, you've got one department trying to clean a mess up, then the Town Board in it's wisdom, asks the owners to extend the man's lease, so he can continue. Thank you. SUPERVISOR MURPHY: It's not quite as bad as it sounds, Bill. We are typing to accomplish something. Anyone else like to address the Town Board? (No response.) If not, we will recess and go into executive session to discuss a pending contract with our CSEA bargaining unit. At this time, I'd like to have a motion to recess. Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 4:20 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. EXECUTIVE SESSION 4:40 P.M. - Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board enter into Executive Session. Vote of the Board: Ayes: All. Supervisor-elect Harris and Councilman-elect Wickham were invited to this Executive Session.---The Board met with their negotiator for the CSEA contract, Charles Graves, to discuss negotiations.--Also discussed was the appointment of a new member for the Local Waterfront Revitalization Program Advisory Committee. There are two applicants - William Lieblein and Linda Fletcher. Ms. Fletcher was interviewed recently for the Planning Board, so a date will be arranged for the interview of Mr. Lieblein. Also discussed was appointment of Ural Talgat to the Tree Committee (see resolution no. 41). 5:06 P.M. - Executive Session ad.iourned. 5:07 P.M. - Regular Meeting reconvened. (40)-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold he~'eby authorizes the followincj budcjet modification to the General Fund - Whole Town 1989 Budc~et to provide for transfer to Composting Capital Account for Bond Counsel expenditures-- approved today, November 28, 1989: To: A9901.8 Interfund Transfers $ 27,786.52 From: A8160.2 Refuse & Garbage, Equipment $ 2,000.00 A8160.4 Refuse & Garbage, Contractual Expenses $ 25,786.52 Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was delcared duly ADOPTED. (4II-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ural Talcjat as a member of the Southoid Town Tree Committee, effective immediately to September 22, 1990, he to serve in said position without compensation. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. NOVEMBER 28, 1989 197 (25)-Moved by Councilwoman Oliva, seconded by Councilwoma~ Cochran, it was RESOLVED that 'the To~ Board of [~ ~'~n of Southold ]qereby authorizes two employees from the Ac~t~rt~ & F[~ Oepar~e~t to attend a comp.ret course, sp~nsore~ b~ ~ss R~rds C~r~.~ Sy~"ac~se~ Ne~ Yor~ o~ December 19, 20, 21, ~98~ ~d the ~cessary expe,ses for airfare, car rental, ~Js and lodging shall be a [e~a~ charge against t~e AccounUng & Finance Department's 1989 Budget. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oiiva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Supervisor Marphy, seconded by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:10 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Z.:/ Judith T. Ter~y- Southold Town Clerk