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HomeMy WebLinkAboutTB-12/27/1989SOUTHOLD TOWN BOARD DECEMBER 27, 1989 221 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, Assistant Town Attorney Matthew G. Kiernan. (Also present: Supervisor-Elect Harris, Councilman-Elect Wickham) EXECUTIVE SESSION - 9:20 A.M. On motion of Supervisor Murphy, seconded by Councilwoman Oliva, it was Resolved to enter into Executive Session. Vote of the Board: Ayes: All. The Board met with Valerie Scopaz to discuss the transfer of Jill Thorp, Clerk Typist for the Planning Board, to the office of the Town Trustees. It was agreed Ms. Thorp's transfer would be effective December 28, 1989 (see resolution no. 22). 9:25 A.M. - Tl~e Board met with Ed Siegmann. Mr. Siegmann discussed various aspects of the Waste Management Program. He said he would not want to see the Town Board abdicate their authority to the Waste Management Task Force. He said he has heard it said that if 'the Town is not able to meet the December, 1990 deadline, they are making arrangements to ship the garbage out of Town. He asked the Town Board to work toward extending the landfill law and securing money from the state to help solve our problem.---Mr. Siegmann also asked the Board to take a look at the senior citizen tax exemption. The county has increased theirs 'by $600, and the Town's, which is now $13,000, should go up to $13,600.---In response to Mr. Siegmann's comments with respect to the Task Force, Councilman-Elect Wickham advised Mr. Siegmann that the charge of the Task Force is to make recommendations to the Town Board-.---In response to Mr. Siegmann's comments concerning shipping out garbage, Supervisor- Elect Harris said he would never consider trucking off of Long Island, only on Long Island as a regional approach. 9:55 A.M. - Georc~e Desmarais, P.E., Holzmacher, McLendon & Murrell, P.C., met with the Board to review H2M's proposal to perform Engineering/Analytical Services for the Southold Scavenger. Waste Treatment Facility for 1990 (see resolutions 23 and 32). Mr. Desmarais reviewed the operation of the facility over the past year.--Mr. Desmarais went on to discuss the Recycling Analysis and Part 360 Application he is working on for the Town which must be submitted by December 31st. This is the last item to complete the composting application, and he feels should be submitted should the Town turn to some form of composting in the solid waste management plan. After January 1st the DEC will not accept an application without a solid waste management plan. Mr. Desmarais also recommended 'the installation of wells on the 16 acre site to the west of the landfill for use down the line when the close of the landfill comes about. He said he was advised by the Dan Morganelli of the DEC that the DEC will soon be stepping up their inspections of landfill sites. EXECUTIVE SESSION 10:50 A.M. On motion of Councilwoman Larsen, seconded by Councilwoman Oliva, it was Resolved to enter into Executive Session. Vote of the Board: Ayes: Ail. Also present: Councilman-Elect Wickham, and Assistant Town Attorney Matthew G. Kiernan, and George Desmarais, H2M. The proposed acquisition of the Carey Tank Farm was discussed. 11:10 A.M. - While still in Executive Session the Board met with PBA President John Baglivi to discuss the~"l/60th bill". 11:15 A.M. - Insurance Consultant William F. Mullen, Jr. met- with the Board to review 1990 insurance coverage. For the catastrophic coverage he recommended the $50,000 coverage at a cost of $79,781.00. The Board agreed. 11:30 A.M. For Discussion Items: (1) Letter from the Suffolk'-C~Unty Dr. Martin Luther King, Jr. Holiday Commission seeking support from the towns by representation at a luncheon, and asking the Town to purchase a table for 10 at a cost of $350. Town is unable to spend town funds in this manner. (2) Memorandum from the Chairman of the Board of Appeals submitting the Board of Appeals' opinion with respect to a complaint concerning the Richard Ziedler property. (3) Proposal from H2M for 1990 services for Scavenger Waste Treatment Facility (see resolutions 2'3 and 32). (4) Proposal of Dimension Systems Inc. to purchase the Merlin 3070 telephone 222 DECEMBER 27, 1989 system console and control box (see resolution no. 24). (5) Receipt of two appraisals on the McBride property, Cutchogue. Councilman Penny recommended that the Board request a test well on the property. (6) Receipt of Civil Service list for Scale Operator at the Landfill. The Board will treat it as a local list and interview the one Town resident for the present time. (7) Proposed Local Law to amend the Zoning Code With respect to Public Golf Courses will be reviewed further by the Code Committee. (8) Set January 23, 1990, 8:00 P.M. for a public hearing on the Draft Environmental Impact of Southold Villas, Inc. with respect to their change of zone petition (see resolution no. 25). EXECUTIVE SESSION 11:50 A.M. On motion of Councilwoman Cochran, seconded by Supervisor Murph,z.~. it was Resolved to enter into Executive Session. Vote of the Board: Ayes: All. T! Board met with their negotiator-Charles Graves to review the proposed 1990-91 CSE contract. 12:35 P.M. - Town Board reviewed regular ~eeting resolutions. 12:45 P.M. - R~ecess for lunch. 2:30 P.M. - Work Session reconvened and the Board audited bills. REGULAR MEETING 3:00 P.M. A Regular Meeting of the Southold Town Board was held on Wednesday, December 27, 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. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry SUPERVISOR MURPHY: The first order of business is a resolution approving the audit of the bills of December 27, 1989. Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was RESOLVED that the followinq audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $30..919.14; General Fund, Part Town bills in the amount of $38,918.95; Nutrition Fund bills in the amount of $488.60; Adult Day Care bills in the amount of $53.55; SNAP Program bills in the amount of $1,063.81; Community Development Fund bills in the amount of $138.75; Highway Fund, Whole Town-bills in the amount of $13,124.40; Highway Fund, Part Town bills in the amount of.$5,185.31; Composting Facility Capital bills in the amount of $26,322.91; Fuel Tan~s and Police Bldg. bills in the amount of $1,750.00; Fishers Island Ferry District bills in the amount of $16,771.71; Fishers Island Sewer District bills in the amount of $945.00; West Creek Estates Road mprovement bills in the amount of $485.35; Southold Agency $ Trust bills in the amount of $21.64; Fishers Island Ferry District bills in the amount of $255.97. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. Abstain: Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a resolution approvi'ng the minutes of the Town Board meeting of December 12, 1-989. Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was RESOLVED that the minutes of the December 12, 1989, rec~ular Town Board meetinq be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murph,v. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is a re~oiu~°n setting the next meeting date, the Organizational meeting for the new Town Board will be on Tuesday, January 2, 1990, at 7:30 P.M., Southold Town Hall, and Tuesday for the first regular meeting of the Town Board, Tuesday, January 9, 1990, at 7:30 P.M., Southold Town Hall. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Organizational Meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, January 2, 1990, and the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday Januar,v 9, 1990, at the SouthoId Town Hall, 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, we have special presentations, and the first one is a resolution for Frank Kujawski, Jr. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, FRANK A. KUJAWSKI, JR., a most esteemed official of the Town of Southold is retiring from his positions of TOWN TRUSTEE and DEPUTY SUPER- VISOR on December 31, 1989; and WHERE~,~, FRANK,A. KUJAWSK-I, Jt<. gave generously of his time and talent in his faithful service to the residents of the Town of Southold as TOWN TRUSTEE from January 1, 1980 to December 31, 1985 and April 5, 1988 to December 31, 1989, serving as PRESIDENT OF THE 'BOARD OF TOWN TRUSTEES from April 21, 1988 to December 31, 1989, and DEPUTY SUPERVISOR from January 1, 1985 to December 31, 1989; and WHEREAS, TRUSTEE KUJAWSKI'S record of fine service, diligence to duty and dedication to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgement as TOWN TRUSTEE and DEPUTY SUPERVISOR; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses its sincere appreciation to FRANK A. KUJAWSKI, JR. for his unselfish and whole- hearted cooperation and untiring efforts on behalf of the Town, and ,extends their best wishes for the years ahead; and be it further RESOLVED, that a copy of this resolution be presented to TRUSTEE KUJAWSKI and entered in the permanent records of this Town Board meeting. Dated: December 27, 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. SUPERVISOR MURPHY: Charles Watts is unable to be here today, but I am going to read his proclamation into the record. We, also, have a Town Seal, which we will give to Scott to present to him. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, CHARLES C. WATTS, a most esteemed official of the Town of Southold, is retiring from public wervice on December 31, 1989; and WHEREAS, CHARLES C. WATTS has given generously of his time and talent in his faithful service to.the residents of the Town of Southold as ASSESSOR since January I, 1978, serving as Chairman of' the Board of Assessors from 1984 to 1985 and 1987 through 1989; and WHEREAS, CHARLES C. WATTS' record of fine service, diligence to duty and dedication to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgement as ASSESSOR: now, therefore, be it RESOLVED, that the ToWn Bo ard of the Town of Southold hereby expresses its most sincere appreciation to CHARLES C. WATTS for his unselfish and whole- hearted cooperation and untiring efforts on behalf of the Town, and extends their best wishes for his retirement years ahead; and be it further RESOLVED, that a copy of this resolution be presented to ASSESSOR CHAIRMAN WATTS and entered in the permanent recurs of this Town Board meeting. DATED: December 27, 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 SUPERVISOR MURPHY: Pep, would you like to come up and stand by your wife, at this moment? I'll read the proclamation for Jean Cochran. Moved by Supervisor Murphy, seconded by the Entire Town Board, WHEREAS, JEAN W. COCHRAN, a most esteemed official of the Town of Southold is retirinq from her postition of COUNCILWOMAN on December 31, 1989; and 224 DECEMBER 27, 1989 WHEREAS~ JEAN W. 'COCHRAN has given generously of her times and talent in her faithful service to the residents of the Town of Southold as COUNCILWOMAN since May. 22, 1984; having served immediately prior to that as a TOWN TRUSTEE: from January 1, 1984 to May 21, 1984; and WHEREAS, COUNCILWOMAN COCHRAN'S record of fine service, diligence to duty and dedication to the Town of Southold deserves the sincere gratitude of those with whom and for whom she has served; and WHEREAS, the Town of Southold wil be deprived of her wise counsel and judgment as COUNCILWOMAN; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to JEAN W. COCHRAN for her unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extends their best wishes for the years ahead; and be it further RESOLVED, that a copy of this resolution be presented to COUNCILWOMAN COCH and entered in the permanent records of this Town Board meeting. DATED: December 27, 1989. Vote of the Town ~3oard: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILWOMAN COCHRAN: I would just downs, and agreements and disagreements, I've always enjoyed the work, and whether as people, I think you're all great. Thank like to say, that we've had ups and but I've always enjoyed the challenge. we agreed or disagreed many times, you very much. SUPERVISOR MURPHY: Jean, we have one more. COUNCILMAN PENNY: This is for you on behalf of the Town Board, the Town Clerk and the Town Attorney. COUNCILWOMAN COCHRAN: That's beautiful. Very nice. It's the gazebo, down here on the corner. It's one of the many committees, I served on, but it's lovely. Thank you. SUPERVISOR MURPHY: We have one, Jean. It's the Town Seal, just to remind you of your service. Put it up in your house, and look at it. You did a great job for the Town, and it's presented in appreciation to Jean W. Cochran, Southold~--~ Town Trustee, 1984, Southold Town Councilwoman, 1984 to 1989. Jean, again, thank you. COUNCILWOMAN COCHRAN: Thank you, Frank. This will have a place of honor, because it really is lovely. Moved by Councilwoman Oliva, seconded by the Entire Town Board, WHEREAS, FRANCIS J. MURPHY, a most esteemed official of the Town of Southold is retiring from public service on December 31, 1989; and WHEREAS, FRANCIS J. MURPHY has given generously of his time and talent in his faithful service to the residents of the Town of Southold as SUPERVISOR since January 1, 1984, having served immediately prior to that as COUNCILMAN from January 1, 1981 through December 31, 1983; and WHEREAS, SUPERVISOR MURPHY'S record of fine service, diligence to duty and dedication to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; and WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment as SUPERVISOR: now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses its most sincereappreciation to FRANCIS J. MURPHY for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town, and extends their best wishes for the years ahead; and be it further RESOLVED, that a copy of this resolution be presented to SUPERVISOR MURPHY and entered in the permanent records of this Town Board meeting. DATED: December 27, 1989. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution ~vas declared duly ADOPTED. SUPERVISOR MURPHY: Thank you, Ruth. Thank you very much. I appreciate it. It really was a pleasure serving on the many Town Boards, and in particular this Town Board. I think we did accomplish an awful lot, and it was my priviledge, really in serwng with all of you.- Thank you. COUNCILWOMAN LARSEN: And as the Supervisor of the Town, Frank.served as a Councilman from 1981 to 1983, and the Supervisor from 1984 to 1989, Frank helped bring two party leadership to the Town of Southold. He took a Board, that was divided, yet through his leadership capabilities, was able to go through the issues, and settle many of them. Frank, it's been a personal pleasure for me, to work with you for the past two years. I'll miss you sorely. Thank you for the time and effort, that you've given the Town. You're the only East End DECEMBER 27, 1989 Supervisor, who grabbed the solid waste issue by the horns. I think you should be commended for that, and highly ~~! SUPERVISOR MUI~PHy: Again, thank you very much. This will have a place of honor in our house for many years to come. COUNCILWOMAN LARSEN: Ruth took that picture, thai Was presented to you, by the way. That's the photography of Ruth Oliva. I. REPORTS. 2 2 5 SUPERVISOR MURPHY: Now to get on to the serious part of our final Town Board meeting for 1989. The first item is report. These are all on file in the Town Clerk's Office for anyone, who would like to read them. 2. 1989. 3. 4. Town Justice Price Monthy Report for November, 1989. Scavenger Waste Treatment Facility Monthly Report for November, Town Justice Edwards Monthy Report for November, 1989. Supervisor's Monthly Budget Report for November, 1989. 5. Report of the New York State Comptroller's Examination of the Town of Southold, 1988. 6. Southold Town Planning ~3oard Monthy Report for November, 1989. 7. Technical Staff Meeting with Suffolk County Water Authority for December 15, 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: Right after the Town Board meeting, the next meeting, Jay Schondebare held an advanced course on SEQRA, which was very well done, and I enjoyed it very much. On December 13th, we had a Code C~ommittee meeting. We discussed the peddling ordinance, that the Chamber wanted. There was still more work to be done on it. We spent most of the rest of the time~ talking about accessory structures, and there's still, again, more work to be done on storage, the bulk and parking for different zones, and we will be continuing, working on that. On Decembe~ 14th, I went to Hauppauge to do some additional work, with the Special Groundwater Protection Area. As far as our draft, a proposal to have the East End of the Special Groundwater Protection Area included into the main body of the rest of the counties. On December 14th, we had a Solid Waste Task Force Committee meeting. Also, on December 14th, I attended the executive session with the CSEA with Charlie Graves. On December 15th, we had a Technical Advisory Committee meeting with the Suffolk County Water Authority, and they brought us up to date on some things, such as Bayview Ventures, and Captain Kidd, and what have you. We will, hopefully, be having some meetings with the Technical Advisory Committe with the new Town Board, to bring them up to snuff. On December 18th, we had a meeting of the Recycling Committee. We're just starting to get going on that, for the Town. We had another meeting of the Solid Waste Task Force, the same afternoon. On December 20th, we had another meeting of the Solid Waste Task Force. I think, that's it. Frank, thank you. SUPERVISOR MURPHY: Thank you, Ruth. George? COUNCILMAN PENNY: Yes. I have nothing in particular to report, except that I attended a lot of those similar meetings, and with the spirit of the holidays, I'm not going to get into anymore garbage. I want to wish everyone a Happy New Year, and I look forward to the next four years. Thank you. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Yes. I would like to give a quick overview of my committees. I will try to keep this short, because like I'm finished, and I haven't left yet. It's a terrible feeling. I would just like to run down through these, with some of the things, that the committee has accomplished, and in some places there are recommendations. In relation to Parks, as you know, the Laurel Lake Park is completed on the front half pretty much. The lake area,still, has to be done, and what I've done with my files, I have left a note in the front of each one, as to what the committee was working on, and what direction we were taking at the time, so that the new Chairman has a little something, although they may have served the committee, so for unfinished business. Also, it was a pleasure to work on helping to bring about the tourist information booth in Laurel. I think between the booth and the park, that's now been updated, we have a lovely, lovely site, that Southold Town can be proud of. In the Spring, they will be following through, with the help of the DEC, in developing the area near the lake, hopefully as the plan had called for, for a visual type picnic area, DECEMBER 27, 1989 and nature trails, and access for the handicapped. So hopefully, this-project will be brought to it's completion. Also, I know there's been a great deal of talk of a boat ra'mp on the corner of a Westphalia area. I realize the need is there for a boat ramp for our local baymen. The site, several years ago, five years ago, when I first came on the Board, I felt was the site. It's been resurrected, and I think it's worth investigating, again, as a boat site. There will be some concerns, as far as cost, and if it's an expense, that will justify the project, if not the Parks Committee, and the land does belong to the Trustees, but the Parks Committee at one point had felt very strongly, as I still do, that it would certainly be a credit to upgrade the corner by making it a rest stop, with the visual effects of the creek ricjht there. It would be a lovely rest stop along the North Road, which we do not have for people traveling through, and I think all of us realize, that tourism is a big key in our economy, and certainly -- the more pleasurable, we make areas for people traveling through, the more they want to visit the area. I know when we travel, we always took for that roadside stop to have our picnic lunch, when our children were younger, because it was what we could afford. Also, I was very pleased, and I'm pleased that the Town Board presented me with a picture of th~ gazebo. It was one of the committees, that was a real pleasure, because it was a fun type committee, working with John Halsey, and the Peconic Land Trust. He's a fine, fine gentleman, one of the finest I've ever met, and he's sincere. He felt great accomplishment in working through the Park, the Green that we have now, down on the corner. The only thing, I think that's important, I was agreeable to serving on the committee, because I felt that it would be a living, breathing park. It has not been used to the extent, that the committee hoped that it would be. We'd like to see concerts, and maybe, the Boy Scouts, if they had little fund raising, or just it should be a park, and the Board should encourage people to use the facility, because it was meant to used. It's not just there to look at, as another open space. So that I would like to see happen in the future. In relation to affordable housing, when I first came on the Board, the Town did not have an inventory of Town owned properties, so I worked very closely with Jack Sherwood, and redeveloped a listing of the Town owned properties, here in Southold Town, and through this, we were able to find some lands, that were not used, that we were able to utilize for affordable housing. In addition to the fourteen houses, that are just about complete, or hopefully they're in by now, ! haven't checked with Jim, the Committee was able two in the Greenport area, down at the corner of Linnett and Seventh. These were Iow income houses, which where sold at a lower cost. We have two more houses, that are being worked on, as far as Walnut in Mattituc~, and another on Flint, that hopefully can be sold again, to Iow income, I~elow $50,000.00. I would suggest, when went through the fourteen houses for. this affordable housing program, and I know there was criticism of the lottery, and perhaps that was premature, unfortunately, but there is no fair way to do this. A lottery is the only way to insure that you're not accused of political favoritism, in the people that received these homes. I would make the recommendation to the Board, that in the future, we would look at the affordable housing law, but this was not used in producing these fourteen houses. I would suggest to the Board, that the next time that they used Town property, in the affordable housing area, that they change the zone on the property first to the affordable housing zone. Hopefully, the Board will still consider the selling of some Town property, that can be utilized to buy raw land to do a more involved housing project. This is all feasible, and this can all happen. The problem that we met with, in making this sort of project happen, is the water problem. We did meet with Greenport Utility Committee, and they felt that.., and we had correspondence that there was no way, that Greenport could make water available to us. So this has been the biggest stumbling block, in trying to provide affordable housing, is the availability of water, because you want to develop your affordable housing zones, where water is available, public water, because then you get the density you need, to keep the project affordable. Under Building and Grounds, this was one of my fun committees. I would walk through Town Hall, and say we've got to make this place neat and tidy, and I think, thanks to Alex, that it has been brought up to a certain level. There were areas, that needed painting, tiles being fixed, just on and on, many maintenance things, that needed looking after. -- There are stil some things, and Ken is concerned up in the Recreation Center, that hopefully Scott will be followed through on. The Building Department does do an 'nspection, and there are some listings on there, which our Supervisor gave to Alex, and in addition, there are some minor repairs, as far as shades, so on and so on, and the front door has to be replaced, but all this, again, will be in the file, so that it can be ongoing in keeping up with the buildings, and there's no reason, I believe, that they are assets of the taxpayer, and that they should be maintained the same as everything else is maintained. Under beaches, I think our beaches are in pretty good shape, as far as this summer is concerned, t's one of the few services, that people can visually see in return for their taxes, is providing Town beaches. They know we plow snow, but they look at beaches, as one of the things, that they get in return for their taxes, and thanks to Ellen and my committee, I think we've brought it up to snuff, and Paul Stoutenburgh before Ellen, but our biggest and main problem is life guards. As the Board heard me say, more than once, during this past year, DECEMBER 27, 1989 2 2 7 we'll be lucky if we can keep our~,beache~ all opened. We're having great difficulty, since the Red Cross stopped giving swimming lessons, which you know, began with the beginner, then to the intermediate, and work your way up to the ranks of lifesaver. The kids seemed to go through this progression, and then they would reach lifesaving, and we would have life guards to pluck. They're no longer there. We offer the swimming program, and of course, maybe, it should be structured that it does start with the beginning, .and go into inter- mediate, and through to life saving, and that way, at least we'd be training kids to work their way up. It's a possibility for the Beach Committee to understand, but the Committee over the past year, we did increase some of the beach fees, because we felt that, the only way we're going to get life guards is to increase their salary. It's something that you have to have, so this is going to be an ongoing problem, as far as the availability of life guards. I don't think the young people today, see it as that glamorous job, that our young people used to feel it was years ago, to sit in the sun and get tan for the summer, and look at all the pretty girls, but that's not happening. Beaches, when we first started our recreation program, it was my feeling, that your recreation program should really be parks and recreation as a combined uhit, and of course, beaches work into that, as part of your park system. I went in the direction of keeping recreation separate, because at that time, we already had an established budget for our beaches and parks, or the few parks we own. If we had thrown recreation into that, the public would have thought, my God, look at the budget for recreation; They would not always distinguish between the two areas, so recreation was kept as a separate budget, but I really think that they're all interelated, and they really all should work through the same committee. Fortunately the Supervfsor realized that they do relate, and he did put the same people on Recreation, as Parks and Beaches, so it worked out very well, because one overflows into the other. Also, unfortunately, I was misquoted in one of the papers back, but that happens, you know, when you serve in public life, in relation to the New York State Division for Youth, requesting that, in the firsf quarter of 1990, that we have a recreation type drop-in center available for the young people, that comes from Joe Marino, that holds the position, that oversees this whole direction, and if not,it certainly does threaten our funding in our JAB, and some of our other areas. I think this can be easily done. The misquote was, that I felt that it was water done the drain. I never feel that way. We have tried it in the past. It has not worked, because of our geographic area,of the township. It's difficult to service young people, all.'in one area. I think you have to do some outreach programs, where you take some programs to the different locale. We do not provide bus service. It's difficult for parents to bring their young people for a few hours in the evening, because now days, in order to survive, both the husband and wife have to work to provide a living for their families, but I think that you try, again, and if it doesn't work, you try it again, because it's something that's important enough to try again, and again. I do not see it, as money down the drain. I am somewhat dissapt:ointed in the area of Recreation, I think it comes from the lack of facilities. Our recreation program, we provide certain services, and it's very difficult to justify to the taxpayer, preventive type projects, and I always see your Boy Scouts, your Girl Scouts, any of these, your Town recreation, as a preventive measure for young people. It's very difficult to measure, after a child gets in trouble, and they end up going through the court system, you can attach a cost to it, and you can come to a conclusion, but anything that's preventive is very hard to measure, and people can not. justify cost on preventative type activities. I think it's very important, that the Town begin to build their recreation activities in the area, and again, it depends on the land and the facility, but I had hoped at this point, that the Town would going in the direction of, at least providing tennis courts, and perhaps a few ball diamonds. It's something, that I see the Recreation Department, as, yes, providing some services, and providing some program, but it's been on the same plan, since we started it, and I think more has to be put into it, to begin to obtain additional things to help this program go. It's important. Believe me,. it's important. Highway Committee. There is something, we have left there. We've been trying to get in place, I think., for the last couple of years, highway specs for the minor subdivisions. Now, before Rob Berntsson left us, the Committee did finalize all of this, but now what has to happen, it has to be integrated into what is going on, what is already in the Code. So this is a nice job, that the Committee can give to our Town Attorney, whoever, or our Assistant Town Attorney, and have the pleasure of integrating all of this, because it's sorely needed, and Superintendent Jacobs would agree with this, because he's the one that's been pushing for it, for quite some time. The Highway Committee did at one point, agree to meet with the Planning Board once a month. We don't meet, if there's nothing_ to be on the agenda. If there is something to be on the agenda, then we meet, but I think it has been fruitful, when members of both committees are present, and I will leave it at that. I did have some suggestions and recommendations for a better way of work for the Town Board. I'm going to hold that. I think our next Supervisor will have his own management skills. I think there are better ways for the Town Board to work as a unit. I think it's unfor;~unate that, when there is a great deal of dissention at the top, it does filter down, and effect those at the bottom, and I think that's part of what has happened in Town Hall, and there are solutions, and ways to correct this, and Scott, God bless you, it's going to be yours. I would like to say, I am staying witl~ the Substance Abuse Committee. It's something very dear to my heart. I don't think many residents,in the Town, realize the seriousness of the problems of substance abuse in Southold Town. I think we've been negligent in not doing something prior to this. Thank God, we're in it now, because I think it's something that's sorely needed. It's not only a problem, that effects our youth. It's a problem, that also effects our seniors. You'll see many, many articles or documentaries on TV, where our seniors save prescribed drugs for committing suicide, or many other things, so it's an educational .... the main focus of the committee will be educational, because the more that people are informed, the better they understand, so hopefully that will be our role. I would like to congratulate Scott Harris, and wish him well as our new Superviso and Mr. Wickham, also. It's time involved, but I'm sure you'll derive a great deal of pleasure. It's a good challange, and I'd like to end my report in thanking Frank. As I said earlier, don't get emotional now, Jean. I think we've worked well together. We had g ve and take, an.d good luck to you in your retirement, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jean, for that very nice report. Ellen? COUNCILWOMAN LARSEN: Nothing, Frank. Thank you. SUPERVISOR MURPHY: Raymond? JUSTICE EDWARDS: Nothing, thank you, Frank. SUPERVISOR MURPHY: I have a couple of comments, I'll make at the end of the meeting. II.PUBLIC NOT-ICES. SUPERVISOR MURPHY': Moving on to the second item on the agenda, public notices, there are four of them. 1. Suffolk County Department of Plannin,q, Notice of Public Hearings on increase in bus fares and selected bus route modifications on January 4, 1990, ~-~. from 4:00 P.M. through 8:00 P.M. in the Riverhead County Center Legislative Auditorium,~ and on January 8, 1990, from 4:00 P.M. through 8:00 P.M. in the Hauppauge County Center Legislature Building. To speak pre-register to Gerald V. Cronin, Director of Transportation Operations, S.C. Dept. of Planning, H. Lee Dennison Bldg., 11th Floor, Hauppauge, N. Y. 11788-5401. 2. N.Y. State Deparment of Environmental Conservation, Notice of Complete Application of James and SusanT. rentalange to construct 80' rip rap to stablilize shoreline at Wickham Creek, Peconic Bay, Cutchogue. Written comments to Susan Ackerman, 516-751-7900, by January 12, 1990. 3. N.Y. State Department of Environmental Conservation, Notice of Com- plete Application of Irene Miller to construct a single family residence with private well and septic system set back approximately 75' from freshwater wetlands oo Lakeview Avenue. Written comments to Susan Ackerman, 516-751-7900, by January 12, 1990. 4. N.Y. State Department of Environmental Conservation, Notice of Complete Application of Valerie Kramer to construct a home, septice and gravel driveway; said home located 21' from an exisiting bulkhead and deptice septic system located 90' from bulkhead, on Robinson Road, Greenport. Written comments to Susan Ackerman, 516-651-7900, by January 12, 1990. III. COMMUNICATIONS. SUPERVISOR MURPHY: Item number 3, communications, there was one from a Dick Neumann, from New York Telephone Company, which was a program, that we instituted in Southold Town, the first town in New York State to put this enhanced 911 system in, and him thanking the Town for the effort, and many people, who did an awful lot of work to see that this was implemented. Just going to show you, that Southold Town really is a caring town, and that I think we do provide very well for the people, and I,in particular was very proud to be part of this enhanced 911 switch-over in Southold Town. 1. Richard M. Neumannj New York Telephone Company, expressing appreciation and satisfaction for a successful cutover to the E911 Emergency Telephone Service. IV. PUBLIC HEARING. SUPERVISOR MURPHY: There is a public hearing to be held at 3:30, so we'll have a resolution to recess to hold that public hearing. 1. 3:30 P.M., public hearing on Van Duzer proposal to amend the Zoning Code. DECEMBER 27, 1989 229 Moved by Councilv~oman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 3:40 P.M., for the purl~ose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oiiva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Meeting reconvened at 3:45. SUPERVISOR MURPHY: Moving on to Item 5, resolutions. At this time, I'd like to remind everyone in the audience, the Town Board policy, if you want to address the Town Board on any proposed resolutions, you may do so now. There will be a time at the end of the meeting for any other comments to the Town Board. Anyone like to address the Town Board, on any of the proposed resolutions today? (No response.) Hearing none, we offer the first resolution, to appoint Nancy Wilson, as an EISEP Aide, effective December 4, 1989. I offer that. 1.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Nancy Wilson as an EISEP Aide, effective December 4, 1989, 20 hours per week, $5.50 per hour. 1.-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 2 is to appoint the members of the Southold Town Councils on Veterans Affairs, effective January 1, 1990 through December 31, 1990. I offer that. 2.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town .of Southold hereby appoints the following individuals to the Southold Town Council on Veterans Affairs, effective January 1, 1990 through December 31, 1990: John A. Harris, Veterans of Foreign Wars Bernard A. Heaney, Catholic War Veterans, St. Agnes Post No. 703, Greenport John Pzbzroski, A.R. Grebe American Legion Post No. 1045, Fishers Island Bradt~y C. Conklin, Burton Potter American Leqion Post No. 185, Greenport Richard Diehl, Gr swold-Terry-Glover American-Legion Post No. 803,Southold Henry W. Drum, Raymond Cleaves American Legion Post No. 861, Mattituck 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 MURPHY: Number 3 is a resolution releasing the $65,000.00 Letter of Credit for roads and improvements in the major subdivision of Reydon Court at Bayview. 3.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $65,000.00 Letter of Credit for roads and improvements in the maior subdivision of Reydon Court at Bayview, all in accordance with the recommendation of the Southold Town Planning Board, Superintendent of Highways Jacobs, 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. SUPERVISO°R MURPHY: Number 4 is a renewal of a single family trailer permit for a six month period to David Mudd. I offer that. - 4.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the application of Stephen D. Mudd for renewal of his single family farm worker trailer permit, for trailer located on the property of David L. Mudd, at the north 'side of County Route 48, Southold, which permit expires on January 23, 1990, and hereby is ~tranted for a six (6) month period. 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 to approve the amount of $425,150.00 for a bond for the roads and improvements in the Mooresland at Greenport, major subdivision. 2 3 0' DECEMBE. 27, ,989 5.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of S'outhold hereby approves the amount of 5425,150.00 for a bond for roads and improvements in the Mooresland at Greenport ma or subdivision, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 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 a letter of credit. 6.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Irrevo- cable Letter of Credit #208, established by The Union Savings Bank, in the amount of $486,475.00 for roads and improvements in the Elijah Lane Estates, Section Il maior subdivision, all in accordance with the Town Board's resolutior, of June 20, 1989 approving the amount as recommended 5y the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murph,v. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept another letter of credit. 7.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Irrevocable Letter of Credit #216, established by the Union Savings Bank, in the amount of $174,710.00, for roads and improvements in the Eliiah Land Estates, Section II1 major subdivision, all in accordance with the Town Board's resolution of November 28, 1989 app. roving the amount as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 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 a Budget Modification to the General Fund, Whole Town, of $600.00. 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 General Fund - Whole Town: From: A4046.4 Handicapped, Contractual Expenses $ 600.00 To: A7320.4 Joint Youth, Contractual Expenses $ 600.00 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 is to authorize the installation of two street lights on Poles No. 1 & 2, on Tabor Road, opposite the new Orient firehouse. 9.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Commissioner of Public Works Raymond L. Jacobs to install two (2) street lights on Poles No. 1 & 2 on Tabor Road, opposite the new Orient firehouse. 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 approve a $60,000.00 bond resolution for alterations to the Southold Town Police Headquarters. I offer that. 10.-Moved by Suoervisor Murphy, seconded by Justice Edwards, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 27, 1989, AUTHORIZING THE PARTIAL RECONSTRUCTION AND ALTERATION OF THE POLICE HEADQUARTERS BUILDING, WITHIN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $60,000,-APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $60,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: DECEMBER 27, 1989 23'1 Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to 'partially reconstruct and alter the police headquarters building, within said Town, including original furnishings, equipment, machinery and apparatus required for the purposes for which such building, as so reconstructed and altered, is to be used. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto, and the financing thereof, is $60,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $60,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $60,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance /aw, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law") to finance said appropriation. Section 3. The following additional matters are hereby determined and decla red: (a) The existing police headquarters building is of at least Class "C" construction as defined by Section 11.00 a. 11 (c) of the Law, and the period of probable usefulness of said specific object, or purpose for which said $60,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitation of Section 11.00 a. 12(a)(3) of the Law, is ten (10) years; however, the proposed maturity of the serial bonds authorized pursuant to this resolution or any bond anticipation notes issued in anticipation thereof, shall not exceed five (5) years from the original date of issuance of such obligations. (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. 4 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 /aw, and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Tow~, 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 principal 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 amortization and redemp- tion 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 anticipation notes and of Section 50.00 and Section 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the 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 the renewals of said bond anticipa- tion 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 the Town is not authorized 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 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 ~lirected 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 pub'lished 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. 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: Number 11 is to accept a bid for improvement to the Police Department, 11.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Robert Johnsen, Southold, for alterations to Southold Town Police Head- quarters, at a bid price of $57,700.00, which reflects a base bid of $65,700.00, less the deletion of Alternate #3 - gable design elements on the east roof of the building at a cost of $4,000.00, and Alternate #4 - gable desing elements on the west roof of the building; and be it further RESOLVED that the following conditions shall be 'mposed: (1) The exterior insula- tion and finished system will not be installed until such time as the weather provides an ambiant temperature in excess of 40 degrees as required by the manufacturer. (2) The fiberglass insulation, which is to be installed above the ceiling of the interior corridor, is subject to written notice to proceed with this aspect of the work given by the architect and/or the Town Board. (3) The project shall be completed within sixty (60) days from April 15, 1990. AND BE IT FURTHER RESOLVED that the Supervisor be and he is hereby authorized and directed to execute a contract between the Town of Southold and Robert Johnson for the aforesaid alterations to the Southold Town Police Headquarters. 11.-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 12 is a 1989 Budget Modification to the Highway, Whole Town Fund of $2,600.00. I offer that. 12.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc3 1989 Budget modification to the Highway - Whole Town: From: DA.5130.4 Machinery, Contractua] Expenses $ 2,600.00 To:- DA.5130.~ Machinery, Equipment $ 2,600.00 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 is to designate The North Fork Bank & Trust Company a~s a depository of the Town. 13.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED. 1. That The North Fork Bank $ Trust Company be and hereby is designated as a depository of this Town for the Receiver of Taxes Account. 2. That The North Fork Bank & Trust Company is hereby authorized to receive any and all checks, notes, drafts or other instruments for the payment of money payable to this Town or to its order when bearing the apparent endorse- ment of this Town either by hadwriting, typewriting, stamp impression, or by any other means, with or withour the signature of any person purporting to be an office or agent of this Town. That any officer, agent or nominee of this Town is hereby authorized to endorse the name of this Town either by handwriting, typewriting, stamp impression or by any other means, on any and all of the aforesaid instruments. That said Bank nay receive any and all such checks, notes, drafts or other instruments for the payment of money for deposit or discount to the credit of the Town and it may conclusively assume, without inquiry, that all such deposits or discounts and all withdrawals of the proceeds thereof represent the exclusive property of said Corporation, hereby ratifying, confirming and approving 'any and all acts of said Bank in heretofore receiving for deposit or discount any such checks, notes, drafts or other instruments for the payment of money from the Town and permitting withdrawal of the proceeds thereof. 3. .The funds of this Town deposited in said Bank be subject to withdrawal upon checks, notes, drafts, bills of exchange, acceptances, undertakings or other orders for the payment of money including such as may bring about an -- overdraft or cause a debit pursuant to any existing agreement between said Bank and the Town when signed whether by signature or facsimile thereof on behalf of this Town by any one of its following officers, or authorized signatures,- to wit: George R. Sullivan, Receiver of Taxes. 4. That The North Fork Bank & Trust Company is hereby authorized to honor any such items without inquiry as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order of any signing officer or other person -tendered in payment of his individual obligations. 5. That the Town aoes hereby give to the Bank a continuing lien for the amount of any and all liabilities and obligations of the Town to the Bank and claims of every nature and description of the Bank against the Town whether now existing or hereafter incurred upon any and all money, securities and any and all property of the Town and the proceeds thereof now or hereafter actually or constructively held or received by or 'n transit, in any manner to or from the Bank, its correspondents or agents from or for this Town, whether for safekeepin, custody, pledge, transmission, collection or otherwise coming into possession of the Bank in any way or placed in any safe deposit box leased by the ~3ank to the Town. The Bank is also hereby given a continuing lien and right of set-off for the amount of said liabilities and obligations upon any and all deposits and credits of this Town with, and any and all claims of this Town against the Bank at any time existing and the Bank is hereby authorized at any time or times without notice, to apply such deposits or credits or any part thereof to such liabilities or obligations and in such amounts as the Bank may elect although such liabilities or obligations may be contingent or unmatured and whether any collateral therefor is deemed adequate or not. 6. That each of the foregoing Resolutions and the authority thereby conferred shall remain in full force and effect until revoked or modified by written notice actually received by the Bank at its office where the account of this Town is then maintained, setting forth a Resolution to that effect stating to have been adopted by the Town Board of the Town of $outhold and signed by one pur- porting to be the Town Clerk or Deputy Town Clerk of this Town and bearing the purported seal of this Town; that the Town Clerk or Deputy Town Clerk of this Town or any other officer of this Town is hereby authorized and directed to certify, under the seal of this Town or not, but with like effect in the latter case, to the Bank the foregoing Resolutions, the names of the officers and other representatives and specimines of their respective signatures; and that the Bank may conclusively assume that persons at any time certified to it to be officers or other representatives of this Town continue in such until receipt by the Bank of written notice to the contrary. 7. That the Corporation agrees that any oral or written stop-payment order must specify the precise account number and payee, date, amount and number of iten and be given to one authorized in paragraph 3 hereof. The Town agrees to indemnify and hold the Bank harmless from and against any and all claims and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages, expenses, suits, whether groundless or otherwise, and fr6m and against any and all liabilities, losses, damages, expenses and costs {including but not limited to counsel fee) resulting from the Bank's non payment of such item. The Town further agrees that the Bank will in no way be responsible or liable (a) for certification or payment through error or inadvertance of items which the Town has requested said Bank not to pay or for delay in executing such request, (b) if by reason of such certification or payment items drawn, accepted or made by the Town are dishonored by said Bank and returned unpaid, or (c) for dishonoring and returning items unpaid for any reason which, but for a stop payment order, would be applicable. Said Bank shall.not be liable for loss in transit or other wise of cancelled vouchers and/or statements or loss resulting from failure to present or by reason of late presentation of any item. 8. That unless the Town shall notify the Bank in writing with fourteen calendar days of the delivery or mailing of any statement of account and cancelled check, draft or other instrument for the payment of money (hereinafter referred to as "Instrument") of any claimed errors in such statement, or that the Town's signature upon any such returned Instrument was forged, or that any such instrument was made or drawn without the authority of this Town or not in accordance with the signature arrangement set forth in paragraphs 2 or 3 hereof, or that it was raised or otherwise altered, or unless this Town shall notify said Bank in writing within six months after the delivery, or mailing of any such Instrument that an~/ endorsement was forged, improper, made without the authority of the endorser or missing, said statement of account shall be considered correct for all purposes and said Bank shall not be liable for any payments made and charged to the account of the Town or for any other errors in the statement of account as rendered to it. No legal proceedings or actions shall be brought by this Town against the Bank to recover any payment of any instrument upon which any signature or endorsement has been forged or was improper, or which was drawn, made, accepted or endorsed without the authority of the Town or the endorser or not in accordance with the signature arrangements stated in paragraphs 2 and 3 hereof, or which was raised or altered, or on which an endorsement was missing unless (a) the Corpor~ion shall have given the written notice as provided 'hereinabove, and (b) such legal proceedings or action shall be commenced within one year after the date when such statement and cancelled instrument were delivered or mailed to the Town in the case of an unauthorized signature or any alteration on the face or back of the item or one and one-half years in the case Of an unauthorized endorsement. 9. The Town also agrees-to be bound by all the rules, regulations, con- ditions, limitation and agreements contained in any signature card, deposit ticket, check book, statement of account, receipt, instrument or other agreement received by this Town from the Bank or delivered to the Bank by this Town, with the same effect as if each and every term thereof were set forth in full herein and made a part hereof'. 10. That in, the event of any litigation in which the Bank and the Town are adverse parties, the right to a trail by jury and to interpose any defense based upon any Statute of Limitations or any claim of laches and any set-off or counterclaim of any nature or description, is hereby waived by the Town. All such itigation shall be brought exclusively in Suoreme Court, Suffolk County, New York and shall be governed by the Laws of the State of New York. The Town agrees that if any attorney is used, from time to time, to enforce, declare or adjudicate any of the provisions herein or any of the rights herein granted to the Bank or to obtain payment for any amount due the Bank by reasons of transactions arising out of, relating to, authorized by, or made pursuant to this agreement, whether by suit or by any other means whatsoever the Bank's reason-~-~ able attorney's fees shall be due and payable by the Town. The Bank shall not, by any act, delay, omission or otherwise, be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing, signed by the Bank, and then only to the extent therein set forth; failure of the Bank to insist on compliance with, or to exercise any right or remedy granted to it by, the resolutions and agreements set forth herein or any of its rules, regulations, condi- tions, limitations and agreements contained in any signature card, deposit ticket, sheck book, statement of account, receipt, notice, instrument, or other agreement shall not be deemed a waiver thereof or a bar thereto on any other occasion nor shall same extablish a course of conduct. 11. That any notice to the Bank shall be deemed effective only if sent to and actually re~-~ived at the branch, division or department of the Bank conducting the transaction hereunder. Any notice to the Town shall be deemed sufficient if sent to the last known address of the Town appearing on the records of the Bank. 12. That any provision hereof which nnay prove unenforceable under any law shall not affect the validity of any other provisions hereof. AND BE IT FURTHER RESOLVED that there is no provision in the Laws of the State of New York limiting the power of the Town Board to pass the foregoing resolutions and that tl~e same are in conformity with the provisions of said Laws of the State of New York. 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 to desiqnate the Suffolk County National Bank as a ~lepository of funds for the Receiver of Taxes. 14.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Suffolk County National E~ank be designated as a depository of the Town of Southoid and that funds of the Town Deposited in said Bank be subject to withdrawal upon checks, notes, drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when signed on behalf of this Town by the Receiver of Taxes George R. Sullivan; and be it further RESOLVED that the Suffolk County National Bank is hereby authorized to pay any such orders and also to receive the same for credit of or in payment from the payee of any other order without inquiry as to the circumstances of issue or t~de dispostion of the proceeds even if drawn to the individual order of any signing officer or tendered in payment of his individual obligation; and be it further RESOLVED that the foregoing powers and authority will continue until written notice of revocation has been delivered to the Suffolk County National Bank; AND BE IT FURTHER RESOLVED that the Town Clerk of the Town of Southold be and she hereby is authorized to certify to the Bank the foregoing resolutions and that the provisions thereof are in conformity with the Laws of the State of New York; AND BE IT FURTHER RESOLVED that there is no provision of the Laws of the State of Ne~v York limiting the power of the Town Board to pass the foregoing resolutions and that the same are in conformity with the provisions of the Laws of the State of New York. 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 authorize the approval of the amount of $67,560.00 for a bond for the ma.~or subdivision Orient Park Estates. I offer that resolution. 15.-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 $67,560.00 for a bond for the major subdivision Orient Park Estates, all 'n accordance with the recommendation of the Southold Town Planning Board and Sidney B. E3Owne, & Son, Consulting Engineers. 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. DECEMBER 27, 1989 SUPERVISOR MURPHY: Number 16 is to reduce the bond estimate for Adams Associates major subdivision from $48,345.00 to $38,345.00. I offer that. 16.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the reduced estimate for the Adams Associates major subdivision from $48,345.00, 235 as approved by the Town Board on September 12, 1989, to $38,345.00, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 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 rescind a prior resolution. 17.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town Of Southold hereby rescinds their resolution no. 46, adopted on December 12, 1989, engaginc~ the services of Irene Robinson as an independent contractor for the Accounting Department, whereas Mrs. Robinson has declined the position. 17.-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 18 is to approve the amount of $78,870.00 for a bond for roads and improvements ir~ the major subdivision of Alan Cardinale of Mattituck. I offer that. 18.-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 $78,870.00 ~or a bond for roads and improvements in the major sub- division of Alan Cardinale at Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Sidney 13. Bowne & Son, Consulting Engineers. 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 to approve the reduced bond estimate for Highpoint, Section 111 subdivision. I offer that. 19.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the reduced bond estimate for Hic/hpoint, Section III subdivision from $55,350.00 to $54,350.00, which original estimate was approved by the Town Board on November 28, 1989; said reduction all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 19.-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 20 is to adopt a proposed Local Law in relation for deletion of ~luplicate fees. I offer that. 20.-Moved by SuperviSor Murphy, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" (deleting duplicate fees); now, therefore be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, January 9, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the foresaid 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 100-262A is hereby amended to read as follows: A. An application fo~' a special exception approval shall be on the form for same provided by the Building Inspector and shall be submitted in triplicate to the Building Inspector, who shall review .the application for completeness and conformity with this chapter. The 13uilding Inspector shall reject the applicat if it is not in conformance and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Building Inspector shall forward the application to the Board having jursdiction thereof. II. This Local Law shall take effect upon its filing with the Secretary of State. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olivat Counci man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is a budget modification to the General Fund, Whole Town 1989 budget of $26,322.91. 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 authorizes the followinct Budc~et modification to the General Fund - Whole Town 1989 Budc, let to provide for transfer to Composting Capital Account for Bond Counsel expendi- tures on warrant of December 27, 1989: To: A9901.9 Interfund Transfers $ 26,322.91 A5990 Appropriated Fund Balance $ 26,322.91 21 .-Vote of the Town Board: Ayes: Councilwoman /arsen, Councilwoman Otiva, Councilman Penny, Councilwoman Cochran0 Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to rescind a prior resolution authorizing the secretary Jil Thorp to transfer. 22.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was, RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 35r adopted on November 28, 1989, authorizing the transfer of Jill Thorp from the Planning Board Office to the Board of Town Trustees Office, to read in part: "effective December 28, 1989". 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 hire the H2M firm for the engineering and analytical services to the Southold Scavenger Waste for 1990 on a per diem basis not to exceed $13,000.00. I offer that. RESCINDED 12/27/89 by Resol. ~32 m 23.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED~that the Town Board of the Town of Southold hereby engages the services of Holzmacher, McLendon & Murrell, P.C. to perform Engineerinc,~/Analyti~ Services for the Southold Scavenger Waste Treatment Facility for 1990, on a per diem basis not to exceed $13,000.00 for the performance of Tasks 1, 3, and 4, as well as necessary expenses for Tasks 2 and 5 - analyze influent and effluent samples, and samples from scavenger truck vehicles, all as outlined in their proposal dated December 1, 1989. 23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilwoman Cochran, Supervisor Murphy. No: Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2LI is to accept a proposal of Dimension System for the purchase of our old Merlin telephone system. I offer that. 24.-Moved by Suoervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dimension Systems, Inc., Blue Point, N. Y., for the purchase of the Merlin 3070 telephone system console and contro box, at a purchase price of $2,600.00. 24.-Vote of the Town Board: Ayes: Councilwoman /arsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is to set a public hearing for January 23, ~ 1990, Southold Town Hail, 8:00 P.M., on the DEIS for Southold Villas. I offer that. Rescinded 1/9/90 by Resol. # 28a 25.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED tl~at the Town Board of the Town of Southold hereby deems the Draft Environmental Impact Statement submitted by Southold Villas, Inc., with respect to their oetition for chancre of zone from "A-C" to "AHD" to be complete, establishes a 30 day' comment period to Januay 27, 1990, and hereby sets 8:00 P.M., Tuesday January 23, 1990, Southold Town_ Hall, Main Road, Southold, New York, as time and place for a public hearing on said Draft Environmental Impac-t Statement provided (1) the applicant performs additional suosurface investigation to determine the potential for irreversible loss of significant cultural resources, and (2) the applicant corrects the Assessment of Potential Nitrogen Contamination, contained in Appendix #2, all in accordance with the recommendation of Cramer, Voorhis & Associates, Environmental and Plannincl Consultants. 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. DECEMBER 27, 1989 237 SUPERVISOR MURPHY: Number 26 is to rescind a prior resolution to go to bid for a 1990 vehicle. I offer that. 26.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their resolution no. 38, adopted on December 12, 1989, authorizing the Towr~ Clerk to advertise for bids for the purchase of one (1) 1990 autom~obile for the Building Department. 26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Ol~[va, Councilman Penny, Councilwoman Cochran, Justice Edwards. No: Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is a budget modification to the General Fund, Whole Town of $58,100.00. I offer that. 27.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj budc~et modification to the General Fund - Whole Town 1989 Budclet to cover overdrawn expenditure account: Appropriations A1010.4 Al110.1 Al110.4 A1220.1 A1220 4 A1310 1 A1310 4 A1355 2 A1410 1 A1620 1 A1620.4 A3310.4 A5010.1 A6772.4 A8160.1 A8160.4 Revenues: A599u Town Board, C.E. Justices, P.S. Justices, C.E. Supervisor, P.S. Supervisor, C.E. Accounting, P.S. Accounting, C.E. Assessors, Equipment Town Clerk, P.S. Buildings & Grounds, P.S. Bbildings & Grounds, C.E. Traffic Control, C.E. Superintendent of'Highways, P.S. Programs for the Aging, C.E. Refuse & Garbage, P.S. Refuse & Garbage, C.E. 3,000.00 6,900.00 1,000.00 5,700.00 1,000.00 500.00 650.00 400.00 5,800.00 1,600.00 1,000.00 250.00 5,300.00 1,000.00 23,00O.00 1,000.00 Appropriated Fund Balance $ 58,100.00 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 new one, too. It's a budget modification, 1989 General Fund, Part Town. I offer that. This is to make up shortfalls in the line items. 28.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj 1989 Budget modification to the General Fund - Part Town to provide for overdrawn budget lines: To: From: B3120.1 Police, P.S. $171,000.00 B3157.1 Bay Constable, C.E. 3,000.00 B3620.1 Safety Inspection, P.S. 18,500.00 B8020.4 Planning, C.E. 8,000.00 B1910.4 Insurance, C.E. $ 67,800.00 B9010.8 NYS Retirement 20,000.00 B9015.8 Police & Firemen Retirement 31,000.00 B9030.8 Social Security 10,000.00 B9040.8 Workers Compensation 8,700.00 B9060.8 Hospital & Medical Insurance 63,000.00 28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justi.ce Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 29 is a budget modification for the Fishers Island Sewer District, of $5,000.00 JUSTICE EDWARDS: Question on this, Frank, where's this money coming from, SS2.59907 TOWN CLERK TERRY: That's the sewer district. It's going from appropriations to appropriations. It's going from equipment to contractual, and then he's allocating additional funds into the revenues. You'll have that, by the end of this month, anyway, because I receive that money for the next year's payment. 1990 payments are already coming in. 2 3 8 989 29.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ 1989 budget modification to the Fishers Island Sewer District to cover overdrawn budget line: Appropriations: To: SS2.8160.4 Refuse & Garbage, C.E. $ 5,000.00 From: SS2.1990.4 Contingent 550.00 $S2.8160.2 Refuse & Garbage, Equip. 1,000.00 Revenues: To: SS2.5990 Appropriated Fund Balance 3,450.00 29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochrar~, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is a budget modification to the Fishers Island Ferry District. I offer that. 30.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1989 budget modification to the Fishers Island Ferry District to cover overdrawn budget lines: To: SM1930.4 Insurance Claims, C.E. $ 250.00 SM5710.1 Ferry Operations, P.S. 15,000.00 SM7155.4 Theater, C.E. 350.00 SM9030.8 Social Security 300.00 From: SM5610.2 Elizabeth Airport, C.E. $15,900.00 30.-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 31 is on the change of zone hearing, that we had today.~ If you would like to act on that, I would offer it. 31 .-Moved by Suoervisor Murphy, seconded by Councilwoman Oliva, WHEREAS, Van Duzer Applicance Company, Inc., by petition dated October 24, 1989, petitioned the Town Board of the Town of Southold for a chanqe of zone on certain property situated at Southold, Town of Southold, New Yo~k, from "A-C" Agricultural-Conservation District to "B" General Business District; anD WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 27th day of December, 1989, at 8:00 P.M., at which time all interestecJ persons were given an apportunity to be heards; now, therefore, be it RESOLVED that Van duzer Appliance Company, Inc. be and hereby is c~ranted the relief de~nded in said petition on the following described property: Beginning at a point on the northerly line of Middle Road, 605.44 feet 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.10°53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23°21'20"E.-182.11 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°38'40"W.-301.7I feet to the point of beginning. Containing 4.1815 acres. 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: That's 'the end of our added on .... COUNCILWOMAN COCHRAN: Before we go into that, when we got into tlhe resolu- tions, that I do not have new copies for, how can undo a vote, that I v~ted yes, but I meant to vote no? My intention was to vote no. How do I d° that? Where's the attorney? I had no intention of voting a yes, on 23. I was looking through, and trying to keep up, and I was completely confused, and it is my fault. It was four to two to approve, it. SUPERVISOR MURPHY: DECEMBER 27, 1989 2 3 9 You can offer a resolution to rescind that. 32.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby recinds their resolution no. 23, adopted this date, December 27, 1989, with respect to engaging the services of Holzmacher, McLendon & Murrell, P.C. to perform Engineering/ Analytical Services for the Southold Scavenger Waste Treatment Facility for 1990. 32.-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: That's the end of our prepared and added on agenda. At this time, I would like to ask any other Town Board members, if they have any other comments, starting on my left with Judge Edwards. JUSTICE EDWARDS: The only thing I want to comment on, Frank, is that I'm looking forward to the beginning of the New Year. Thank you. SUPERVISOR MURPHY Thank you, Raymond. Ellen? COUNCILWOMAN LARSEN: As you might have seen, the agenda is very dr'/ at times. Today was what I consider one of our driest agendas, but our two outgoing elected officials, Councilwoman Cochran, and Supervisor Murphy, I don't think but another Town Board member can fully appreciate the dedication and the hard work, that these two people have put into their term of office. How many things in your own personal life, that you may have to put on a back burner, because the Town of Southold becomes your first priority, and I know with these two particular individuals, both Jean and Frank, the Town of Southold was a priority for them, and that public service, and the service that they gave to the residents of the Town of Southold, will be remembered for many years to come, and Jean, I would like to personally say, that the two years, that I have worked with you, I have found to be very fulfilling. I have enjoyed working with you. You have been very helpful to me. You've always been very open to my opinion. You've always considered them carefully, and incorporated them, and given credit were credit is due. It's really been a true pleasure, and I wish you, and your husband, and your family, the best of everything. Frank, as far as y~ou go, you've brought the Town Board a brain storm. You could come with a new idea, and you always had the ability to express, and you were willing to listen to many different points of view, from many different people. I think that was very healthy for the Town, to be able to bring new philosophy. Nothing wa~ more apparent in the number of applications, we got from the Southold Planning Board in this last vacancy, which we attracted very, very qualified people, and I think that's attributed to the openness, that you brought to government, and to let everyone in the Town of Southold know, that no matter who you were, the Town of Southold is available to you, and I think that's a pretty good compliment. SUPERVISOR MURPHY: Thank you. It is. Jean? COUNCILWOMAN COCHRAN: I would just like to say, I intend to pop my head through the door once in awhile, and give a wave, and I'd like to wish everyone a very healthy and happy New '¥ear, and God bless you all. SUPERVISOR MURPHY: Thank you, Jean. George? COUNCILMAN PENNY: Yes. I'd just like to wish the best to everybody here, and a Happy New Year, and it's been a pleasure to serve with Frank and Jean, and I wish them the best in the future. SUPERVISOR MURPHY: Ruth? COUNCILWOMAN OLIVA: I'd just like to say, Jean, I've worked on quite a few committees with you, and I have admired your hard work, and the dedication, and the time you have spent on all of them, and certainly, you have my sincerest admiration on the stand that you have taken with the composting, that we all went into, and I wish you and Pep, the best of retirement, and a healthy and happy New Year, and Frank, it's been my priviledge and pleasure to work with you these past few years. Since I started to know you back in 1981, when I was mostly up there yelling at you, but t can't tell anybody how much time this man has spent working for good of the Town of Southold. He has worked 36 hour days, for as many years as he's been here, and I think he deserves our absolute gratitude, and admiration, and I wish you, and your family, the happiest and most healthful of New Years. Thank you, ' SUPERVISOR MURPHY: I have just a few short comments. One, this is my last meeting. I'm about 300 Town Board meetings, I imagine. I didn't ask Judy to add them up, but I'm sure it's about 300 meetings, and it really was a pleasure to work with many, many people, this Town Board and Town Boards before this, going back to the days..we have our ex-supervisor here, which I'm joining in his ranks in a couple of days. It really was very, very rewarding on the many, many programs, that Southold Town has put into place. I think we are a leader in many, many areas, and I'm very proud of that. It was a great honor for me to work with these many people, and for the people of Southold Town, and I wil be here. I will be around. I'm not retiring. I'm retiring from this -- field, but unfortunately, I still have to go to work. So at this time, thank you. It really was a pleasure serving with everybody, and serv ng the people of South~ Town. So at this time, I'd like to ask anyone in audience, if they would have anything to say to the Town Board. This is the last chance for this Board. Charl:io ? CHARLES ZAHRA: October 16, 1989, I submitted a letter to the entire Town Board, and sent one to Scott Harris, also. I have yet to receive a response, and I was just curious, if anything is being done on this matter. COUNCILWOMAN LARSEN: Can you refresh my memory on the conte~ats we received? CHARLES ZAHRA: The reference was the construction of a house on Alvah's Lane in Cutchogue. Are you all familiar with it? SUPERVISOR MURPHY: I believe it went to the Building Department. We'll look into, and I'll get you an answer where it is. CHARLES ZAHRA: Okay. The last time, I think, you said Jay was Iookinq into it. -- SUPERVISOR MURPHY: We'll see if we can get you an answer. Anyone else like to address the Town Board? Scott? SCOTT HARRIS: I'd like to thank this Board for all the work, it has done, in all the years. As a resident, and as a taxpayer, I know that this Town has embarked on many, many issues, and that this Town Board, particularly Frank and Ruth, and Ellen, and Ray, and Jean have been taking on many tasks, that concern many, many hours of work. I know, for a fact, that those who are public officials are never thanked enough for their time and effort, that they do put into a job. Whether they get elected, or whether they don't get elected, there's never enough credit given to those people, who put themselves forth, and run, and try to do a job for the people where they live and represent, and on behalf of myself, I'd like to thank you for the opportunity of knowing this Board. I'd like to thank you for the time I've served under this Board, as an assessor, and 1, also, would like to wish you all a Happy New Year, and wha~ ever endeavors, you may head into in the next year, and the next decade, God bless you all. Thank you very much. SUPERVISOR MURPHY: Thank you, Scott. We wish you well. Anyon~else? Mr. Pell? WILLIAM PELL: Thank you, Frank. First, I'd like to ask George and Ray, why they abstained' from paying the Town bills? What bills are in there? JUSTICE EDWARDS: I didn't do any of the audit, Bill. COUNCILWOMAN COCHRAN: The four of us did the audit to give us our quorum. George and Ray, I think, came in a little later, and we were finished already. Theyalwaysabstain, if they haven't worked on it. COUNCILMAN PENNY: That's a good part of it. There's more, I'd be very happy to discuss with you anytime. WILLIAM PELL: Is there anybody, who is willing give a report on the new Waste Management Committee, which was formed a month ago? You had some meetings. I know Ruth was on. it. SUPERVISOR MURPHY: Tom gave a report during the work session, Bill. you would like to comment further, Tom, on progress? WILLIAM PELL: I sure we'd all like to hear where we stand. If DECEMBER 27, 1989 241 THOMAS H. WICKHAM: 1'11 sumarize very quickly to say that, the charge of the task force has been to put the Town in compliance with State law according to the guidelines, that have been provided to us. We have begun actively working on recycling. There is a recycling committee, which Ruth is the Chairperson. We've had a series of meetings, and we're beginning to put into place,a recycling program for the Town. It will presumeable be voluntary beginning early in the year, and become a mandatory program,by the middle of the year. We have a technical resources committee of the task force, which is screening prospective engineering consultant firms, that would give us support of an engineering nature, and we hope by the end of this year, to have scopes of services presented for our consideration, that we can, then, go back and try to get prices for. We've had discussions with Brookhaven, and we'll have discussions with other towns, also Southampton, with the view of putting together a regional resource recovery option, that involves towns other than just Southold. We had, I believe eight meetings, and another one tonight. There's been a great deal of activity, and I would say, a good spirit of cooperation. SUPERVISOR MURPHY: Thank you, Tom. WILLIAM PELL: Is there anymore about transporting, as Scott mentioned on television? Are we looking at transportation for that, or not? SUPERVISOR MURPHY: That's the next Board, Bill. WILLIAM PELL: I just thought if this' committee was.. COUNCILMAN PENNY: The charge, of this task force has been to develop a solid waste management plan, and I'm sure that, whatever different alternatives pop up, that they will..every viable alternative will be researched under the solid waste management plan, and then brought to the Town Board for consideration. So all aspects have to be addressed, and this is something that the Town has not done in the past, and is something that is the charge of the task force. So as far as taking one item, or two items out of the context of the entire solid waste management plan, until that plan is drafted, it's really Unfair for us to say, or anybody to say that the Town Board is leaning in one dire~:tion or another, because there is no leaning right now. It's strictly in its research stages, and we'll be very happy to keep you appraised of how it develops. WILLIAM PELL: Thank you. This money, that you take in lieu of parks and land, that goes into the general fund? SUPERVISOR MURPHY: A trus COUNCILWOMAN COCHRAN: I SUPERVISOR MURPHY: Part o here by the Southold Savings came from this fund. TOWN CLERK TERRY: And fa and the ballfield. WILLIAM PELL: I was just won COUNCILWOMAN COCHRAN: T WILLIAM PELL: Very good. L or two, a lot of nice things wet feelings_,_a~ one of the ex-Town you leave here, but yet as you with my wife, you ride around was going to happen there, we of the town. Something over h, in red tape. We walked their I~ to the majority of the people in to me, you get that personal s and all the praise that you .don' as past Board members, you ha' account for parks and recreation. will spent back on parks and recreation. the funds for the development of the park down ~nk. One Jean just got the picture of the gazebo, Laurel Lake, and all the playground equipment, dering where the money went. ~at's where it belongs. ~st, I'd like to address if I could for a minute e said about Jean and Frank, I'd like to add my Board officials. It feels empty for awhile, when ride around this town, and I still do it today lere, and you say, well, remember something prevented it, because it wasn't in the best interest .~re, I helped that person out. It was doubled ermit through. It might not mean a hill of beans the town, but if it does to you, as it does ~tisfaction within, and its worth all the reward t get, as Mr. Harris said, but to the two of you, f~e that personal satisfaction, that you helped the community, which you live ~n, which you love. I'd do it today, ~ I'd welcome you to__, as you will do it, too. Thank you, very much. COUNCILWOMAN COCHRAN: Thank you. SUPERVISOR MURPHy: Anyone else like to address the Town Board? (No response.) Hearing none, I would just like to make one more comment. I wish everybody the very best for the New Year. Have a healthy prosperous, and a very good New Year, and I wish the best for the incoming Town Board. I wish them the best, and I'm sure Jean is available. I'm available at any time to help out at any time. We'll be happy to, and at this time, I'd like a motion to adiourn and thank you for coming out. Moved 5y Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:15 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OliYa, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duty ADOPTED. ~/' ~udith T. Terry ,~ Southold Town Clerk-