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HomeMy WebLinkAboutTB-07/12/1988222 SOUTHOLD TOWN BOARD JULY 12, 1988 Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, CoUncilwoman Jean W. Cochran, Councilman George L. Penny IV', Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare. EXECUTIVE SESSION . 9:20 A.M. - Councilman Penny discussed Dog Pound contract negotiations. ,The Board discussed requesting an appraisal for possible purchase of property. William F. Mullen, Jr., Town' Insurance Consultant, met with the Board to discuss litigation. WORK SESS. ION 10:00-A.M.- - Don Witschieben and approximately 15 residents of the West Mattituck Beach Association and. Capt. Kidd;Estates met with the Board to discuss continuing serious motor, vehicle.violations on the. Capt. Kidd Beach and Park District areas, and to request the Town Board, Police and Highwa~ Departments to immedia~tely implement recommended actions to deter the vehicles, i.e. barriers across the beach and at t~e i foot of Inlet Drive and western end of Sound Beach Drive. Petitions were submitted with respect to the foregoing.. Chief. Winters, p~esent during this discussion, adVised .that the: police have had few complaints concerning this area, and after special empha~ .n .this area the past week-end found few signs of possible violations. The group Was] advised' that. the major portion of the area In question belongs to the Mattituck Park District, therefore the Town Board has no jurisdiction. However, at the urging of the residents present it was agreed a meeting would be arranged with the Park District Commissioners to jointly discuss the problem. 10:55 A.M. - Robert Brown, Architect, met with the Board to review thei'r earlier' proposal for a Town Hall addition. Mr; Brown--will meet with the Town Attorney to go over a proposed contract for his services, reapply for errors and omissions insurance, and conduct a study of projected departmental needs within the Town Hall. Mr. Brown said he should, be able to givea reasonablestant to designing the project within four to six weeks. 11:10 A.M. - For Discussion Items: (1) Reviewed Town of East Hampton disposal site fees. Disposal fees for other East End Towns will be provided to the Board~ members for discussion at the July -26th meeting. (2) Receipt of proposed covenants and res- trictions .to appear in the deed from Peconic'Land Trust to the Town of Southold for the Southold Town Green-property. (3) DisCussion of proposal by DEC to purchase three parcels' of Town-owned land in'Orient. Supervisor Murphy, Councilwomen Oliva and Larsen favor the sale of the property to the DEC, Councilwoman Cochran, Justice Edwards and Councilman Penny oppose the sale. (4) Letter from Ralph M. Verni, property owner on the easterly side of Inlet Lane, Greenport, protesting 4-wheel drive vehicles and motorcycles accessing the Town Beach at the end of Manhanset Avenue. Board will inspect the property and request Highway Department to repair the barri~ which existed-lbefore it was destroyed, by vandals. (5) Discussed placing a "Tick al "' ' ' · · T k inset in The Suffolk L~fe at a cost of apl~_.rox,mately $900.00 (see reso Ution oo. 16). (6) Letter'from the .Southold Town Water~Advisory Committee requesting the Town Attorney to clarify the 1987 Open Space Bond Issue to determine if open space, purchased under the bond, may be utilized for public well sites. The letterJ was referred to Town Attorney Schondebare. JULY 12, 1988 22'3 11:20 A.M. - John Tuthill and Irving Latha~7Orient, met with the Board to discuss a NYState road drainage pipe at the Main Road, Orient. Mr. Tuthill said the pipe leads to a canal 30 ft. wide and 1250 feet long which empties road runoff into HaIlocks Bay. Supervisor Murphy said he would speak to the NYS-OOT about this situation. 11:55 A.M. - Recess for lunch. 1:30 P.M. - Work Session reconvened and the Board 'audited outstanding bills. 2:00 P.M. - Garrett Strand, Architect, met with the Board, to discuss a proposed ne~w Dog Pou~'d administration: bui ding which he estimates would cost approximately $1~0,000 if bid trade-by-trade. Supervisor Murphy recommended the Town lease the North Fork Animal Welare League the land and they construct the building. This was not resolved. They then discussed needed insulation, new windows and heating system for the Police Headquarters. Coun.ciiman Penny believes the work should be treated as a single project, whereas Supervisor Murphy asserted that each portion could be done separately--new windows would have no bearing on a new heating system. It was finally agreed that the TOwn will requeSt LILCO to do an energy audit of the building before proceeding any~ fur-ther. EXECUTIVE SESSION 3:05 P.M. - Town A'tt'Orney Schondebare discussed pending litigation with the Board. 3:45 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A .R_egular Meeting of the Soutl~old:Town Board was held on Tuesday, July 12, · 1988 at the Southoid Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 7:30 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. OIiva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: Good evening. The first order of business tonight will be a resolution to approve the audit of the bills of July 12th, 1988. .~loved by. CouncilWoman Cochran,. seconded by Councilwoman Oliva, it was RESOLVED 'that the foll0wing audited bills be and hereby are oral&red paid: General Fund Whole 'Town bilT~ in the amount of $77,825J76; General Fund Part Town bills in the amount o~= $32,;765.33; Highway Department Whole Town bills in the amount of $7, 809~. 98; Highway .Department Part. Town bills in the amount of $10,527.26; Fishers Island Ferry Oistrict bills 'in the a~ou'nt of $14,782'. 33; Fishers Island Ferry District Agency and Trust bills i.n the amount~of $33~.B9;' Fishers Island Sewer DistriCt bills in the amount of $1,809.00; Nutrition Fund bills in the amount of $9,541~85; Adult Day Care PrOgram bills in the amount of $8~8.92; Home Aide Program bills in the amount of ~302.40; Snap Program bills in'the amount of $1,429.35; Eisep Program bills in ~he amount of ~20.60; Agricultural Land D~-'~lopment Rights bills in the amount of ~600.00;-Shellfish Managements.Capital Acco~:nt bills in the amount of $5,911.70; Community Development Fund bills in the amount of $3,859.14. ~ote ~ the Town Board: Ayes-: C~uncilwoman Larsen, Councilwoman O iva Councilman p ~'~ , ~ enny~. Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED~ SUPERVISOR MURPHY: Next is the approval of the minutes of the Town Board meeting of June 28, 1988. Moved by Justice Edwards, seconded by Councilwoman Oliva~ it was RESOLVED 'that the minutes of the June 28, 1988 Southold Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilwoman Earsen, Councilwoman OIiva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor, Murphy. This resolution was declared du~y ADOPTED. SUPERVISOR MURPHY: Next is to set the next two meeting dates~ The firstis July l~th, 8:30 A.M,, Southold Town Hall. and the one after that'is July 26th, 1988, at ~ 3:00 P.M., South0ld Town Hall. i Offer that resolution.~ Moved by 'Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOI~VED 'that. the next meeting of~ ;the Southold Town Board will be a Special Meeting to be held at 8:30 A.M,, Thursday, July. 14, .I988, at the Southold Town~ Hall, Main Road. Southol~l,.i New Yor'k., and.tl~'.fOl'l~win~ meeting will be a Recjular Meeting] to be held at 3:00 P.M'.; TUe~d.a~¥~; Ju1¥.'26',. i!98~.-at the Southold Town .Hall, Main Road, Southold.,. New Y. ork. · Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny,. Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This reSOlution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: Moving on to the first item on your agenda are Reports. These are on file in the Town- Clerk's Office for anyone who would like to read them. 1. Town Justice Edwards - monthly report for June, 1988.~ 2. Recreation Department - monthly report for June, 1988. 3. Town Dog Shelter - monthly report for June, 1988. 4. Town Clerk - monthly report for June, 1988.- 5. Building Department - monthly' report for 'June, .1988. - 6. Scavenger Waste Treatment Facility - monthly report for June, .1988. 7. Trustees -' monthly report for June, 1988'. have 8.' Councilmen - And at this. time I Would llke to ask the Councilmen if they anything special to report, starting on my left with Judge Edwards. JUSTICE EDWARDS: Thank you, Frank. The Island is off and running. It was a very, very~ busy 4th of July'weekend. I think ,on Friday alone they transported over -300 cars from the. Connecticut shore to the Island. They had the party on the Green' on Saturday, which was enjoyed by ~all. It's usually a cook-out put on, by the-'~'~---t~re, department, and they have a Fife and Drum Corps that comes over from . Connecticut and the kids. get ~their balloons and everything, and it's just one grea't day. We had an Executive Meeting of 'the Board of Directors of the Civic Association on Saturday mornJ~'ng and we went over the growth plan of the Island, went over the Watsh Park. Affordable Housing, and how we can cut down the growth on Fishers Island. .It"s growing in' leaps and bounds and a lot more percentage-wise then you're seeing here in Southold. We had, I believe, nine houses go up this winter which is certainly a record. So they're, going to .look very seriously into taking steps to hold this growth down. The water study that We're doing over there and all the wells 'are drilled and dug and they.~re starting to do some research into that to see how much water we do have to support the community. Thank you. SUPERVISOR MURPHY: Ellen? COUNCI-LWOMAN~LARSEN: Oh, thank you,. Frank.' On the 30th of June Town Attorney ;S. chondebare held~a open seminar for all the elected officials and employees within'the Town of Southold to review.the procedures that we should be following regarding the SEQR process. It was very informative seminar, a lot of questions were answered. Ir'was a good way to help'out everyone working within the Town to coordinate-'the.'various c~epartments to comply with ~he State. Law.. On ,July 6th there was a Housing Committee meeting to'further review the AHD Law which Council- woman..Gochran W/Il report on. That evening'~ attended a meeting of the Peconic' Bay Task Force. On July :29th an~39th at Southampton College there will be State of the Bays Conference held. Speakers will range from Gall Shaffer, Secretary of State, members of the D.E.C., Gordon Colvin, head of the Marine :District for the EPA Region in this area~. Various elected officials from Towns, as well as Fran Flanagan who has headed the Task Forc-e for the Chesapeake Bay. At that Seminar we had~- at the last Peconic Bay ~ask-Force meeting Jennifer Ebb from State Senator Johnson's~~ office, who is the chairman of the Long Island Marine District and ' ~ all legislation that initiates within 'three nautical miles Of the Tappanzee Bridge asked for support on legislation from Pecoriic ask Force ,regard- ing tidal wetlands regulations to increase the penalty and for all the m0neys't~ go back and to_be earmarked to be funds to restore marine districts, and ~ight now they're going into a general fund. He~s also introducing legislation to prohibit dumping of sewage and sludge into marine environment which ha-~a lot of support, i atten~ted JULY 12, 1988 225 a meeting the Water Advisory Committee, which Councilwoman Oliva will report on, and also a---I guess that's it. Thank you. SUPERVISOR MURPHY: That was busy enough. Jean? COUNCILWOMAN LARSEN: I feel I missed one somewhere along the line. COUNCILWOMAN COCHRAN: Well, if you find it you can jump back back in again, Eiien. On June 30th i also attended the SEQR Work Shop conducted by A[tor~ey Schondebare and ! felt it was beneficial to all those that did attend. On July 7th the Housing Committee did once again meet. We finished reviewing 'the law. Our Attorney Rob Berntsson is now looking at it. He's taking two weeks to write up and finalize the changes--the proposed changes that we are going to present to the Town Board, so the Committee will be meeting again in two weeks to review our changes and just.make sure that~we're all on the same wave length. Also on the 7th I met with the Supervisor and John DeNiro and discussed a..possible recreation-type p'~0gram, or it would come under recreation, '[hat would be beneficial to both the senior citizens so once and the youth,:and it,s :in its preliminary stages, we~.check on credentials and quali=ficatlons and SOr forth this will be .shared with the~To~vn Board. Actually in. between I?ve been working on some work as far as BUild.in, which is a inment, Frank. And that's about it. It's SUPERVISOR MURPHY: Thanks, Jean. George? COUNCILMAN PENNY: Yes, on the 29th I attended a meeting of the Code Committee, which.' the chairman .Wj~II report on~. On the 5th I attended a meeting of the Water Advisory Committee, which the chairman will also report on~ I attended the Housing Committee,.on the .7th wl~ich has already, been reported on. Thank you. SUPERVISOR MURPHY: . Thank you, George. Ruth? COU~NCILWOMAN OLIVA: Yes, on June 29th we had a Code Committee meeting. We discussed pre, existing C.O.'s to a change a few things in the Code about them, and had a very good discussion about it and came to conclusions to do it and also we will be upping the fees for it. We discussed vacant land C.O.'s and we will be putting that into the Code, and single and separate search prior to giving out a vacant land C.O. which should help to define it a :little bit better. We also are going to change the wording in the minor subdivision regs from "may" to "shall" so that they will be filed with the County Clerk and therefore be easie[" for the Assessor and the people here in Town Hall to get that information. We' are meeting again ~on~orrow night and we'll, be discussing non-conformity, iunk yards and vehicles, fences and a new form that will kind of standardize every, body herein:Town Hall filling out the same type of form. The next day .I. believe we had the SEQR workshop. Which was really exdellent, and ! thank J~y~. very-much.for giving ~it to us. It was very informative. On July 5th we had a Water Advisory. Committee meeting and we discussed~-had a general discussion at first over the comments from Joe Baier from the week before and then the. Chairman, Frank Bear, broke the committee down' into sub-committees for reports that will be due back in a preliminary form on August 2nd as to education program, job. description for somebody here in Town Hall full-time to take care of the educational processes, and be~knowledgable in water aspects, and also the other committee will work on the core watershed area to see whether it is a viable idea, and what other ideas they can come up with° On July 7th I .also attended the Housing Committee meeting which. Jean reported on. I think that's it. Thank you very much, Frank. SUPERVISOR MURPHY: Thank you, Ruth. As you can see everybody's been quite busy. I'd just like to make a couple comments. On Sunday of one of four places !~ had_tO,go, to_to .~epresent.the Town, one was a celebration for the second fireman in the. Village of Greenport who was cele.b~ating over 50 years of service~ (Fre-~-d-l~dwin). This is absolutely fantastic. This 'is in about a two month period of time two people celebrated their anniversary, ir'really is great. On-_going information for the public, there.will be-~ r_esolution tonight 'authorizing the distribution of very good Lyme Disease literature that will be sent out to everybody. Our special meeting that we have scheduled for Thursday.is'the result of about five years of work for many, many people in trying to get a land transfer tax through~, ~ar~d it looks very promising. We have to send up a Home Rule Message. We should-have the final version tomorrow morninq and hope to vote on Jt on Thursday and then I will actually be bringing ail of the six Home Rule Messages up to Albany to make sure that they arrive in time, because there's a possibility that the Assembly and Serrate might recess for quite a period of time, o we do~ t want to m~ss ~t. We are making progress on Fort Corchau~ also in our efforts--!~i~hink everybody's efforts to try to save the site from any development. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Okay, moving on to the second item on the Agenda is Public Notices. There's quite a few of them, there's nine of them. These are on file on the Town Clerk's B~Jlleti~ Board for anyone who is interested, and please comment. I. U.S. Army Corps of. Engineers, public notice of permits issued during the month of May. 2. U.S. Army Corps of Engineers, announcement of availability of transcripts of the public_hearings held on-February 25, ~i988 and April 21, 1988 concerning an application: .by the New York Power Authority for the proposed Sound Cable Project. 3. U.S. ArmY- Corps of Engineers, notice of 'application of' Goldsmith's Boat Shop for bulk, head replacement~, ten year maintenance dredging at Town Creek, Southold...Comments until- July. 25,. ;1988;.: . . . . - 4.- -U,-S.. Army..Corps of Engineers,. notice of application of Suffolk COunty Department of Public Works for ten year' maintenance dredging with beach disposal at Stirling-.Basin, Greenporl~.. Comments .until July 25, :1988. - - 5. . .U.-S.; Army. Corps of Engineers, notice of.applicatiOn of: Suffolk County Department of' PUblic Works, for ten year maintenance dredging with beach disposal at Wunneweta_~.ond,. Nassau Point, CutchOgue. Comments until July~ 25, 1988. 6. .New. York State.Department .of Environmental Conservation, notice of applica- tion of John Beebo to subdivi!de one 2; 2 acre parcel into two, i. 1 acre lots so that each lot will have one of two existing houses on it, at the WeSt.side of Beebe Drive between Moose Trail and Fawn' Lane on Eugene.-Creek, Cutchogue. Comments until July 22, .1988;.: ................ 7. New, York State Dep~rtment of Environmental Conservation, notice of applica- tion of Geraid.Schultheis.by JMO. Consulting, to replace existing spetic system with new tank and pools, requiring setback variance under Tidal Wetlands Land Use Regula- tions, on Schoolhouse-Creek.,-New. Suffolk. Comments until July :29, 1988. .- 8. U.S.; Army Corps of Engineers, notice .of application of TOwn of Shelter Island for floating clam rafts at Menantic, Log Cabin and Fixin Creeks; Shelter Island 5ound. Comments until July 20~..1988:.: 9. ..New _York State Department of Environmental Conservation, notice 'of applica- tion of Cross sound Ferry Ser.V. ices, Inc. to maintenance dredge 380 ft. by 31'5' ft. ferry .slip to 15 ft. below mean Iow water, and resultant 5000~cubic yards of sand and gravel to be placed on applicant!s adiacent upland property, on Gardiners:Bay, Orient. Comments until'July'.29, :I988;: !11. COMMUNICATIONS. - SUPERVISOR .MURPHY: There are three communications. 1. Custer Institute, Inc.-thanking the Town for the-1988 grant of $1,500. Custer has worked along with us on Fort C(~rchaug, and have been helping them. They've been doing a tremendous job and they have very limited funds, and' it is nice to get a thank you when you do help some of these organizations. 2. Eve yn L. Kuhn expressing her pleasure of attending the dedication and deed trans~o~-~-~-~r the new Town Green, and suggesting that a suitable plaque be placed somewhere on the Town Green as. an appropriate tribute to Joseph Hartranft who was born and died at that location, and was an artist and painter of great repute in this area. 3. Aurelie D. Stack, Eastern Long Island Quilter'S Guild, thanking the Town for the use of the Recreation Center on June 18th for a quilt display. IV. PUBLIC' HEARING. SUPERVISOR MURPHY; There is one public hearing (petition of Harold Reese for a change of zone) scheduled for tonight in fifteen minutes, so we'll move on to the resolutions. V. RESOLUTIONS.._ SUPERVISOR MURPHY; I would just like to state the Town' Board policy that if anyone would like to '~ddress the Town Board on any of the proposed resolutions now is the time to do it. if you want to just address the Town Board we will have time after the reso'lutions and the public hearing to address the Town Board on any matter.' So at this time is there anyone wht3 ,~ould like to address the Town Board on any of the proposed resolutions, starting on my left? (No response.) In the middle? (No response.) Over on the right? (No response.) Hearing none we'll move on to Resolution No. 1 which' is tO grant permission. 1.-Moved by Councilwoman Cochran, seconded by Councilwoma~ Oliva, it was RESOLVED that the Town Board of the Town of Southold h~eby c~rants permission to the Mattituck Pr~sbyterian Church, George E. Gaff~a, ~oordinator of the CROP Walk 1988 to use ~he followin Town Roads in Mattituck and Cutcl~ogue, for their Crop Walk route beginning at 1;00 P.M., Sunday, October 16, .1988', prowded they file with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional insured: Moores Lane, New Suffolk Avenue, Deep Hole Orive, Reeve Avenue. JULY 12, 1988 227 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 a member of the Tree Committee. 2.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVEO that the T,own Board of the Town of SouthOld hereby appoints Ronnle Wacker as a' member, of the T, ree.Committee, effective July 12, i988 through September 22, :1988~,- she -to serve in said position without compensation. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, C~ouncilwoman Oliva, Councilman kenny,· C0un¢il~oman c0chran, Justice EdwardS, SuPervisor Murphy. This resolution was. declared duly ADOPTED. SUPERVISOR MURPHY: And Number 3 is to accept a bid. 3.-Moved by Councilman Penny, seconded ny Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chemung S. upply~_,~orporation for supplying the Town with 10,000 lin. feet, more or less , .of Snow Fence at $37.47 per 100 foot roll, and 500, more or less, 6 foot studded steel T-I%sts at $2.,397 each. all in'accordance with the bid specifications. 3.~Vote ~ Town, Board:. Ayes:. Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman. Cochran. Justice Edwards, Supervisor Murphy. This resolution was declared: duly.ADOPTED. SUPERVISOR MURPHY: All right, Number 4, Ruth, why don't you grant permission to the Lioness Club. 4.-Moved by. Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED ;that the _Town Board_ of the Town of Southold hereby grants permission to the Lioness. CIu]3 of Mattituck. to use Southo!d Town Property behind the Information Center on the north side of Route .25, Laurel, for their Fall Festival to be held on October 1, :1988~: provided they secure and file with the Town, Clerk a Certificate of Insurance .nami'ng_~the T-own of Southold as an additional insured. 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 appoint a Beach Attendant. 5.'-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED. that the. Town Board of the Town of Southold hereby appoints Lisa Lennon as a Beach, Attendant, effective immediately for the remainder of the 1988 summer season., at a-salar_y of $4.55 per hour'. 5.-Vote of the Town Board: Ayes:-Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman, Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared 'duly ADOPTED. SUPERVISOR' MURPHY: Number 6 is to accept the bid of Mullen Motors for supplying the Town' with one ,1988:'full size pick up truck. I Offer that resolution. 6.-Moved by Supervisor MurPhy, seconded by. Councilwoman Larsen, Jt was RESOLVEO.'that the Town Board of the TOwn of Southofd hereby accepts the bid of Mull.en'.Motor_s, Inc.. for-suppl¥in~l the Town with one (1) :1988 Full Size Pick-Up Truck with-an-8 .foot bed, at a_ bid.. price of $11,.696.00,. all in accordance with the Bid specifi~a~tion s; ....... 6.-Vote of the Town Board: Ayes:. Councilwoman Larsen, Councilwoman Otiva, Councilman Penny,. Councilwoman. Cochran, Justice Edwards, Supervisor Murphy. This -resolution. was declared dulY .ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept another bid; 7.-Moved by. Councilwoman. Cocrhan, seconded by Councilwoman Oliva, it was RESOLV'EO."that_the Town Board of the. Town of Southold hereby accepts the bid of C.-B.. Hoobe~ & Son :Inc. for supp'l¥~ng the Town with one (1) Forklift Attachment for the Brown Bear Cub Tractor !ocated at the Landfill Site, Cutchogue, at a bid price..of-.$7,450.00.delivered and installed, all in accordance with the bid specifications. 7..-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman. Cochran, Sup-~-~,iso~-' Mi~rphy. No;' J~ustice Edwards. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: Number 8 is to appoint a part-time Public Safety Dispatcher. 8--Mo~'ed~sY Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVEO. that the. Town Board of the Town of South01d hereby appoints Holly C. Parcelluzz.i as a part-time Public Safety Dispatcher, effective immediately, at a salary o---f--~6_50 per hour. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, ~Councilman iSenn'~, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to appoint, Jean Mulligan as a summer Clerk for the Police Department, effective immediately. I offer that resolution. 9.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jean Mulligan as a summer season Clerk for the Poi.ce Department, effective immediately, at a salary of $5.00 per hour.. · 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, CoUncilwoman Oliva, CoUncilma~ Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared 'dulY ADOPTED. SUPERVISOR MURPHY: Number 10 is to grant permission to the Mattituck Fire Depart- ment. 10.-Moved by. Councilwoman Larsen, seconded by Councilwoman Oliva, it was RESOLVED_ .that the Town Board of the Town of Southold hereby 9rants permission to. the Mattit~ck~..V.olu.nteer~ Fire Department to close .Pike Street from Wickham Avenue .to Love Lane on Saturday, July 30, ;1988, from 1:00 P.M. until 1:00 A.M., so they may hold their Annual, Street Dance,. provided they secure and file with the Town Clerk a Certificate of. Insurance naming the Town of Southold as an additional insured. 10.rVote 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: N[imber 71 is to increase the rate of pay for Health Aides. 11.-Moved by Councilwoman Cochran~ seconded by Councilwoman Otiva, it was RESOLVED .that the--Town-Board of the Town of Southold hereby increases the hourly rate of pay for the-'followin~t Health Aides in the Senior Adult:Day Care Center to $4.50. per. hour.for- ~20 hours per ~veek:. Carolyn Smith, Ann Schmidtchen, Pat Volinski. 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 to appoing Frankie Lee Freeman as a,weekend SNAP Driver. I offer that resolution. 12.-Moved by Sup~,isor Murphy, seconded, by Councilwoman Cochran, it was RESQLVEO .that the-Town .Board_ of-the'~Town of Southold hereby appoints Frankie Lee Freeman as a--weekend SNAP Driver, effective July. 9, 1988, 5.hours per day,' $5.00 per hour, and as a Kitchen Aide' for the Nutrition Program, effective i July 13, :1988,~ 20 hours per week, :$4.00 per' hour. 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 appoint individuals to the Nutrition, Home Aide and EISEP Programs. 13.~Moved by. Councilman Penny, seconded by. Councilwoman Oliva, it was RESOLVED/that~the_Town_Board of the Town of Southold hereby appoints thefollowincj individuals:for .the. Nutrition Program,. Home Aide Program and EISEP Program: Danny McKni§ht as a Nutrition Program Driver., effective July 25, 1988, at a salary ;of- .$9,.900.00 per .annum. . . Loraine Murphy. as a Driver in the Home Aide Program,. effective July 13, 1988, 20 hours per. week, _at a salary, of $5.00 pek hour. Kendal Kelly as an EISEP Aide, effective July 14, :1988, 16 hours per ~Veek, at ~ a,sal~y.of.$5';00.per hour. ' J: ~1 13.-Vote of .the Towp Board: Ayes:. Councilwoman Larsen, Councilwoman Oliva, C0uncilmar~, Penny,.'Councilw:oman Cochran, 'Justice Edwarc~, Supervisor Murphy. This resolution was declared duly-AD(gPTED, SUPERVISOR MURPHY: Number 14 is budget modifications, General Fund, Whole 'Town. 14.:Moved by Councilwoman Ollva',- seconded by Councilman Penny, it was RESOLVED_ tha~ the Tow.~.13oard of the Town of Southold hereby authorizes the follow- !ng 1988 Budget" modification to the General Fund - Whole Town: To: From: A71,~0.2 Beaches, Equipment .$ 940.00 (1) A8510.4 STOP Program, Contractual Expenses 5,200.00 [2) A9040.8 Workers- Compensation 18,000.00 (3) A7180.4 Beaches, Contractual Expenses $ 940.00 A8160.~ Refuse & Garbage, Contr. E~penses 5,'200.0~0 A9010.8 NYS Retirement -'-'? 18,000.00 JULY 12, 1988 229 (1) To accommodate purchase ; (2) To accommodate additional STOP Program ex~ in Workers Compensation experience rating credit. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman pe~ny, 'COuncilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is a budget modification to the General Fund, Part Town. l$.-Moved by,~'Councilwoman Larsen, seconded by Councilwoman Cochran, it was RESOLVED~that the~ Town. Board of the Town of Southold hereby authorizes the follow- ing ;1988 Budge, t modifications~to the General Fund - Part Town: To: B3620.2 Safety InSpection, Equipment $ 225.00 B9040.8 Workers Compensation 34,000.00' From: B3620,~4 Safety Inspection,~ Contractual Expenses $ 225.00 B9015.8 ~ Fire & POlice. Retirement 31,000.00 BI-990.~ . Contingent 3,000.00 *- -To .accommodate r:_edUc'tion in'~Vorkers. Compensation experience rating credit. 15.-Vo~e of the ToWn Board:' Ayes:. Councilwoman Larsen, Councilwoman (~liva, Councilman Penny, C0Un.c.ilw~mar~. C0(~hr~n, :Justice Edwards, SuPervisor Murphy. . This resolution was declared duly ADOPTED.' SUPERVISOR MURPHY: Number 16 is to authorize the expenditure of $900.00 to place an insert in Suffolk Life of ,Tict~ Talk", a public information newspaper concerning Lyme Disease. I Offer that ~resolution. The cost of the printing of this paper was borne' by the Task Force~ from the~ South Foi'k and Suffblk County. 16.-Moved by Supervisor MurPhy, seconded by Councilwoman Cochran, it was RESOLVEI~ 'that ~the Town Board of the Town of Southold hereby authorizes the~expend- itureof~approximately ;$900.00 to place an !nsert in The Suffo k Life newspaper of i;Tick Talk", a' pubi~c information newspaper concerning Lyme Disease; sa d cost' to be ~ cl~arg~.agains~ .the General Fund '- Whole Town 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: Okay, Number 17 is to authorize attendance at a State of the Bays~ Conference.. 17.-Moved by CouncilWoman Cochran, seconded by. Councilwoman Larsen, it was RESOLVED. that -the-Town Board of the.Town of Southold hereby authorizes the Town Board members and-one (.;1). member of the. Conservation Advisory Council, and one (l) -member of the Board of Town Trustees to attend the 1988 State of the Bays C~nfere- ence on Friday,. July :29, ;1988 at Southampton. College of Fine Arts Theatre, Southampton, anc~ the Registration and the'fee for. Lunch in the amount of $15.00, and Banquet and Annual Meeting fee of $20.00 shall be a legal char. ge againsl~':the Town of Southold :1988: Budget ........ 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: And Number 18 is to set a public hearing. I offer that resolution. 18.~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 Appearance Tickets"; now, ~herefore, be it RESOLVED that the Town Board hereby sets 3:30 P.M., Tuesday, July 26, 1988, Southold Town Hall, Main Road, Southold, New York, as time and .place for a public hearing on th~ aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Appearance Tickets BE IT ENACTED by -',' Town Boaf'd.~of the Town of Southold as follows: I. Chapter~ 26 (Appearance Tickets)-Of the Code of the Town of Southold is hereby amended ~ follows: 1. Section 26-2 is amended by adding a new Subsection "E" to read as follows: E. Ordinance Inspectors and Code Enforcement Officers. Any statute, local law, ordinance, rule or regulation regarding housing, building. zoning, fire safety, sanitation, amusement, signs, peddling and any other areas concerning public order and safety, including, but not 'limited to, all Chapters of the Code of the Town of Southold. II. T--["~-s Local Law shall take effect upon its filing with the Secretary of State. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards. Supervisor Murphy. This resolution was declared dufy ADOPTEO. SUPERVISOR MURPHY: Number 19 is to accept a bond estimate. 19.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bond estimate in the amount of $69,603.98 for the major subdivision "Golfview", located at East Marion, 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 Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: And~'l~l'umbeid 20 is to accept another bond estimate. 20.-Moved b~/ Councilwoman Oljva, seconded by Councilwoman Cochran, it was RESOLVEO that the Town Board of the Town of Southold hereby accepts the bond estimate in the amount of $21,946.50 for the major-subdivision"East Marion Woods", located at East Marion, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 20.~Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman Cochran, Justice Edwards,- Supervisor Mur~phy. This resolution was declared .duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to hire an appraiser. Rescinded 7/26/88 Resolution No.25 21.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was .RESOLVEO that the Town Board of the Town of Southold hereby engages the services of Lewis Edson for the purpose of conducting an. appraisal of the subdivision of Henr~, Arbeen¥, Kenneys Road, Southold, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A106-38E.[3)~ SUbdivision of Land, of the Code of the Town of Southold.._ · 21.-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' 22 is to authorize another appraisal. 22.'-Moved by. Councilwoman. Cochran, seconded by- Councilwoman Oliva, it was RESOLVED-that.the.Town Board of the Town of Southold hereby engages the services- of. Lewis Edson -for the ;purpose of conducting, an ap[3raisal of the subdivision of Nichola-. Atiano, C.R. 48, Peconic, so the Town Board may determine the amount of money to be deposited With the Town in lieu of land for park and playground purposes, all in accordance, with Section A106-38 E.(3), sUbdivisiOn of Land, of the Code of the T. own of. SoUthold 22.r-Vote of the Town Board: Ayes:. CouncilWoman Larsen, Councilwoman Oliva, CounciJman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 Js to authorize the renewal of a trailer permit for a Watchman/caretaker trailer. I Offer that resolution. 23.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was RESOLVED. that the application of Northeast Nurserives for renewal of a watchman/caro- taker trailer permit,, for trailer located on the south side of Route 48, Cutchogue, which permit expir~es AUgust 8, .1988, be and her~eby is ~tranted for a six (6) month period.. . 23..-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR M.I~RPHY: It's now 8:00. O~c]ock and I'd like a resolution to recess in order to 'hold a public hearing. Moved by'Co'uncilWoman Co,bran, se4;onded by. Councilwoman Olive;: it was RESOLVED. that a recess be called at [-h~s tim~, 8:00 P.M., for t~;'~purpose Of holdin~ a public hearing,, on the-petition of Harc~ld Reese for a cha. r~.ge of zone from "C-1" General Industrial District to "A" Residential and Agricultural DJstr~ict on certain property located on the. northerly side of Route 25, East Marion. Vote, of the Town Board: Ayes :.-'Councilwoman Larsen, Councilwoman OlJva, Councilman Penny, Councilwoman, Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared'duly ADOPTED. Meeting reconvened at 8:03 P.M. SUPERVISOR MURPHY: I will reopen the regular Town Board meeting and we will now make a decision on the Harold Reese change of zor~'-petition. JULY 12, 1988 24.-Moved by Justice Edwards, seconded~ by Council.woman Larsen, WHEREAS, Hard d Reese?'~¥ petl{~,:br~ltSJd¢~A~f'll 12, '19'88, petitioned the Town Board for a change of zone on certain property situated at East Marion, Town of Southold, New York, from ~'C-1" General Industrial District to "A" Residential and Agricultural District; and WHEREAS, said petition was referred to the Southold Town Planning Board and the 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 12th day of JuJy, i988, at which time aii interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Harold Reese be and he hereby is granted the relief'demanded in ~" said petition from ~'C-1" General Industrial District to "A" Residential and Agricultural District on all that. certain plot, piece or parcel of land, situate, lying and being at East Marion,. Town of Southold, County of Suffolk and State 'of New York, being bounded and desc['ibed as follows: Beginning at a point marked by a pipe on the westerly,'line of land of Harold Reese, Sr. and Harold Reese, Jr. at the northwest corner of the land now or formerly of Frank R. Russel, which point is north 77 degrees 35 minutes 27 seconds west 1578.22 feet from Suffolk County Monument No. 10-1243, 'said' monument being north 334,063.87 feet east 2,'460,282.43 feet in New York State Plane Coordinate System, Long Island Zone; runn:~ng s'outh 77 degrees 58 minutes 14 seconds west along the land now or formerly o.f Ronald Edeen, Jr., a' distance of 1.55.85 feet; thence south 74 degrees 31 minutes 54 seconds west, still along the land now or formerly of Ronald Edeen, Jr., a distance o:f 59.26 feet-to the land now or formerly of Frank E. and Ethel M. Begora; ther~ce south 78 degrees 29 minutes 54 seconds west along the land now or formerly of '.F~ank E. and Ethel M. Begora, a distance of .295.42 fee.t; thence south 27 degrees :~8 minutes 06 seconds east'still along the land now or formerly of Frank E. and Ethel M. Begora, a distance of 11.58 feet to the land now or formerly of Myron'B.. Brown; thence south 76 degrees 28 minutes 04 seconds west along the land now or formerly of Myron B. Brown, a distance of 180.7B feet to the land now or formerly of Robert S. and Helen M. Koch; thence north 24 degrees 08 minutes 36 seconds west along the land now or formerly of Robert S. and Helen M; Koch and along land now or formerly of Dorothy E. Cook, a distance of 932.'76 feet; thence south 65 degrees 51 minutes 24 seconds west still along the land now or formerly of Oorothy E. Cook, a distance of 137.75 feet; thence north 24 degrees 41 minutes 56 seconds west still along the l;~nd now or fOrmerly of Dorothy E.. Cook, a distance of 529.80 feet; thence north 23 degrees 47 minutes- 16 seconds west still along the land now or formerly of Dorothy.E. Cook, a distance of 269.74 feet; thence north 65 degrees 51 minutes 34 seconds east still along the land · now or formerly of Dorothy E. Cook, a distance of 1~1.21 feet; thence north 24 degrees 08 minutes 36 seconds west still along the land n~w or formerly of .Dorothy E. Cook, a distance of 206.00 feet; thence north 25 degrees '26 minutes 56 s~conds west still along the land now or formerly of Dorothy E. Cook, a distance of 311;78 feet to the land now or formerly of Ott Uhl, Jr., and other; thence north 61 degrees 16 minutes 04 seconds east along the land now or formerly of Otto Uhl, J"r., and others, a distance of 156.76 feet to the land now or formerly of Spencer Terry, Jr.; thence south 25 degrees 31 minutes 36 seconds east along the land now or formerly of Spencer Terry, Jr., a distance of 836.45 feet; thence north 65 degr.ees 47 minutes 54 seconds east, still along the land now or formerly of Spencer Terry, Jr., a distance of 288.00 feet to land now or formerly of Harold Reese, Sr. and Harold Reese, Jr.; thence along the land of Harold Reese, Sr. and Harold Reese, Jr., the following ten (1) courses and distances: (1) south 24 degrees 12 minutes 06 seconds east, a distance of 114.00 feet; (2) north. 63 degrees 38 minutes 54 seconds east, a distance of 132.47 feet; (3) south 31 degrees 31 minutes 06 seconds east, a distance of 365.92 feet; (4) south 26 degrees 17 minutes 26 seconds east, a distance of 243.77 feet; (5) south 27 degrees 12 minutes 56 seconds east, a distance of 125..51 feet; (6) South 25 degrees 15 minutes 46 seconds east, a distance of 89.21 feet; (7) south 26 degrees 13 minutes 26 seconds east, a distance of 340.95 feet; (8) south 26 degrees 01 minutes 36 seCOnds east, a distance of 84.75 feet; [9) south 27 degrees 23 minutes 06 seconds east, a distance of 92.49 feet; ~10} south 24 degrees 53 minutes 26 seconds east, a distance of 106.94 feet to the point Or place of beginning. 24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman ...... P_enny, ~-oun¢llwoman L;ochran, Justice Edwards, Supervisor Murphy. This resolution .was declared dul.y ADOPTED. SUPERVISOR MURPHY: Okay, we* have one more final resolution which we'll hold for the very end. At this time I'd like to ask any Town Board members if they have any further comments, starting on my right with Ruth. COUNCILWOMAN OLIVA: Yes, Frank has been privi eged to be elected as a delegate to the New York convention inAtlan[a, Georgia which will be held next week, so we'll all be looking for him on TV and ! hope he has a wonderful time. It should be fascinating. SUPE-I~¥1SOR MURPHY: COUNCILMAN PENNY: SUPERVISOR MURPHY: Thank you. Quite an honor. George? Nothing at this time, thank you. Jean? .-' JULY 12, 1988 COUNCILWOMAN COCHRAN: I'd just like to apologize to Ann Schmidtchen ~or mis- pronouncing her name earlier. I sometimes get going so fast with these resolutions you stumble over your own tongue. Thank you. SUPERVISOR MURPHY: Maybe I should borrow your jacket so you can spot me at the convention. COUNCILWOMAN COCHRAN: Well, I don't always watch the Democratic Convention. i have from time to time. i used to watch both of them, but I will~ certainly turn in this year, Frank, and we expect you to give a wave and we'll wave b~ck. SUPERVISOR MURPHY: Okay. Ellen? COUNCILWOMAN LARSEN: Have a great time, Frank. SUPERVISOR MURPHY: Thank you. Raymond?~ JUSTICE EOWARDS: Enjoy, Frank. SUPERVISOR MURPHY:. Okay. Now, is 'there anyone in the audience would like to address~the Town' Board on any matter?,~Sir~ AI-FONSE MARASEL: My name is ~Alfonse Marasel~. I would like to ask--find out what will be done about the bird gun right near us? It was started appropriately on July the 4th. Next day the same thing. Now, I spoke to this farmer last year and he said he Would'no longer use it unless he would take it down by the Bay a mile and a half away~ Now all of a sudden he started again. What can be done about it? ~1 spoke to Lieutenant Droskoski,'.~Stash, and he said there's nothing you can do unless the Town Board decides this is a Violation of 'the Southold Town Code. SUPERVISOR MURPHY: At the present time it is 'not in violation of the Town Code. ALFONSE MARASEL: Why is that? SOPERVI$OR MURPHY: We don't have any code against it. ALFONSE MARASEL: I'd like to read to you the definition ~f.a Code,~.~'The systemati~y arranged and comprehensive collection of laws." t~!t that a Code? lsn~.t ~th~t a law? 1 !~i It's a law against it. according to the southold Code, "prohibited uses in all districts"~ SUPERVISOR MURPHY: I Would ,suggest maybe whatever you have that you're .talking about, maybe contact the Town Attorney in Town Hall, call him during the d~y, and refer to what you're talking about and he!Il Iook~it up. for you. AI_FONSE MARASEL: In the meantime we can be annoyed by this noise. He hasn't been doing it now--since as I said just two days, July ~th and the 5th. I haven't heard it.' I don't-know ifit'~ him' that'S using that particular gun now, but ! heard it this' morning. Stash said that if they use it at night he would get a summons. TOWN ATTORNEY SCHONDEBARE: Sir, let me talk to you after the meeting and show me what you-have and you and ! will discuss it. Okay? ALFONSE MARASEL: Yes. Anyone else like to comment to the Town SUPERVISOR MURPHY: Thank y~u, sir. Boa rd? Dave? DAVID ROSENBERG: My name is David.Rosenberg, President and owner of the Old Mill lnr~ in Mattituck. Since the last Town Board meeting granting the Tow~ Attorney all and any measures assuring the people of Southold their safety by closing the Old ~ill Inn because of non-conformance or not having a existing Building Code, I'm a little surprise~ ~o mention has been made of it at this meeting as to a recent court li~.~il order, i'd like ~o state that in the Supreme C~0urt for the County of Suffolk, Honorati~iiil!' Joseph Colby signed an Order to Show Cause '~pon the Town of Southold at the S~pre~ Court, Griff~ng Avenue~ Riverhead~, ~on¥~the 20th day.of July a~ 9:30 A.M. or soon thereafter, showing that why the Town of Southold should close me. The Town at that Supreme Court hearing on 'Friday, it was their position that I should be closed immediately, l'd like to know'what the position of the Town Board is now ~oncerning my restaurant so that I can l~repare ~for whatever measures I have ~to and continue with my business. SUPERVISOR MURPHY: Oave, I think this is litigation and we can't discuss it here with you. TOWN ATTORNEY SCHONDEBARE: You have an attorney who has appeared in the action to represent you. Neither I nor this Town Board can talk to you directly. We have to talk and discuss it with your atl~orney. '1~ other words your brother, and we can't discuss it with you, and it's on ~or July 20th as I remember it. JULY 12, 1988 233 DAVID ROSENBERG: TOWN ATTORNEY SCHONDEBARE: And the Board was informed of the Court's decision during its Work Session by me today. DAVID ROSENBERG: Okay. Ail right. Thank you. SUPERVISOR MURPHY: Board? (No response.) with great sorrow. Thank you, Dave. Anyone else like to address the Town Okay, if not | would iii(e to add a final resolution tonight 25.-Moved by Supervisor Murphy, seconded by the Entire Town Board r WHEREAS, this Board has learned with cteep sorrow of the death of CAROL A. BOLGERr former member of the Board of Assessment Review; and WHEREAS, in her service.~to.~the people of the Town of Southold since November 7, '1985 Mrs. Bolger distinguished herself as a dedicated and conscientious public servant; and WHEREAS, the Town Board of the Town of Southold wishes to give formal expression of its loss in the death of. CAROL A. BOI-GER, a woman esteemed by her associates and respected, by all; now, therefore, be it RESOLVED that when the Town Board adjourns this day it does so out of respect to the memory of CAROl A. BOLGER; and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be transmitted-to the family of CAROL A. BOLGER that we' may extend to them our sincere sympathy. 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. SUPERVi~SOR MURPHY: Okay, at this 'point i would like a resolution to adjourn and thank everybody .for coming out tonight. Moved. by- Councilman Penny, seconded by. Councilwoman Cochran, it was RESOLVED -that. this_Town Board meeting be and hereby is adiourned at 8:10 P.M.- Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman Penny, Councilwoma'n Cochran, Justice Edwards, Supervisor Murphy. This. resolution was declared 'duly ADOPTED. Southold Town Clerk