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HomeMy WebLinkAboutTB-08/20/1996SOUTHOLD TOWN BOARD AUGUST 20, 1996 WORK SESSION Present: Supervisor Jean Wi Cochran, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Councilman William D. Moore, Town Clerk Judith T. Terry. Absent: Town Attorney Laury L. Dowd. 9:05 A.M. Arden Scott and Fraizer Dougherty, spokespeople for a group of Greenport residents, met with the Town Board to ask them to revise the parking restrictions at the terminus of Sound Road (67 Steps), Greenport. The recent law restricting parking between sunset and 6:00 A.M. has prohibited the residents from parking and using the beach, where they said there isn't a problem. The problem is at the parking area, and the restricted time has not solved the problem of loitering, littering and vandalism. Supervisor Cochran said there must be a compromise. The disturbances at the road end affect the residents of the area. Perhaps the Town should go back to the way it had been for years, 10:00 P.M. to 6:00 A.M, The matter was referred to the Code Committee for review. 9:30 A.M. Mary Mulcahy Jackson met with the Town Board to bring them up to date on her accomPlishments over the past few years as Recycling Coordinator. A resolution (23) was placed on the agenda to reappoint Ms. Jackson through August, I997. 9:40 A.M. Town Board placed a resolution (24) on the agenda to appoint Ann Morris as a part-time Clerk Typist in the Building Department.----The Board agreed to the property swap with Alvin and Patricia Combs, and asked Supervisor Cochran to meet with ~them to discuss the cost of the survey.----Town Clerk Terry asked the Town Board to consider a modification to the 1996 Capital Budget to provide for the purchase of a dehumidifier for the storage room. Board agreed, and prices will be obtained and a budget modification will be prepared when there is a firm price.- Board again discussed the proposal for a visitor pass for residents whose property fronts on a roadfront adjacent to a Town beach where parking is prohibited.. Since there were still questions concerning cost, total number of permits to be allowed, and should they be dated, the proposal was sent back to the Code Committee.---- Resolutions (2~5 & 26~). were' placed on the agenda to accept bids for a new Leaf and Yard Waste Shredder,' and a .new Trommel Screening Plant for the Solid Waste Management District, 10:00 A.M. - Senior Planner Valerie'Sc~opaz met with the Town Board to ask whether they wish to participate in the tax "Incentive Plan" proposed by Suffolk County. The deadline is rapidly approaching and the County needs the Town's draft plan to incorporate in the presentation to the Suffolk County Legislature for adoption. The Board agreed consideration should be given to marinas and mariculture. Ms. Scopaz Said that Suffolk County Department of Economic Development Commissioner Thomas Junor offered to assist her with the preparation of the Town's draft plan. 1~3:40 A.M. Town Board reviewed the Town Attorney's recent Landfill Closure Update, and Solid Waste Coordinator Bunchuck's update on the Landfill Closure Investigation work currently underway.----Supervisor Cochran submitted a proposal from Superintendent of Highways Jacobs for the purchase of a parcel of-land from the County of Suffolk. The property is a portion of Pond Lane, off of Laurel AUGUST 20. 1996 Avenue, Southold, and has been offered to the Town prior to sale at public auction. The Board placed a resolution (27) on the agenda to express the Town's interest in the parcel.----Town Board discussed proposed Local Law in Relation to Speed Limits - Boats. Due to the provision concerning operation of a boat within 500 feet of any shoreline, Justice .Evans questioned the applicability to Fishers Island. She will ask the Harbor Committee to review and comment. In the mean time a resolution (28) was placed on the agenda to hold a public hearing on September 3rd.----Justice Evans asked the Town Board to appropriate $500 for the removal of the remaining debris at the Fishers Island Metal Dump. She has worked out a plan with Superintendent of Highways Jacobs whereby the debris could be brought over to the Cutchogue Landfill in~ a truck returning from a Fishers Island project for the Highway Department. Board agreed, and a budget modification for the expenditure will be on the September 3rd agenda. ----Councilman Townsend discussed his proposal I~or the creation of a Police Advisory Committee to advise the Town Board with regard to Police Department matters. The Town Board agreed the committee should consist of seven members Chief Conway, Councilman Moore, and fi~e individuals from the pUblic. A resolution (29) was' placed on the agenda to create the committee and advertise for members. 11:45 A.M. - Town Investigator Ed Forrester met with the Town Board in regard to the application of Bay Watch at Club Wave Restaurant Corp. for a liquor license. tn June, 1996 the Town Board issued an objection to the issuance of a license to the State Liquor Authority, due to the fact the restaurant site was also used as a site for rentals of jet skis and other watercraft. The Board was under the impression the restaurant ~rented the jet skis and they objected to alcohol being sold where the rentals take place. However, upon further investigation it was 'determined that although the property is owned by one person, the ski rentai estal~lishment and the restaurant establishment are run by two separate lessees. Mr. Forrester confirmed these facts, stating that the proprietor of the restaurant has another successful, restaurant operation further up the Island. The Town Board reconsidered their earlier objections. They said they do noti~feel the proprietor of the restaurant ;should be ~penalized because of the zoning violations by the owner of the pr~operty. The B6ar~l directed the Town Clerk to notify the State Liquor Authority that they .witl~draw their objections to the issuance of a liquor license. 12:05 P.M. - Recess for lUr~ch. 1:35 P.M. Work Session reconvened and the Town Board reviewed the resolutions to be voted on at the 7:30 P;M. Regular meeting. EXECUTIVE SESSION 2:05 P.M.- On motion of Councilwoman Hussie, seconded by Justice Evans, it was Resolved that the Town Board enter into Executive Session to discuss personnel - hiring, promotion, compliance. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry. 2:45 P.M. - The Town Board met with Solid Waste Coordinator James Bunchuck to discuss (1) the removal of the debris from the Fishers Island Metal Dump; (2) a motor vehicle accident in Bohemia on July 20th by a landfill driver; and (3) the scrap tire removal cohtract. -The scrap tire contractor has failed to remove the tires for quite some time, 'resulting in a stockpile of three to four thousand tires. He would like to cancel the contract and seek the services Of the next lowest bidder. Town Attorney Dowd will be asked-to find a legal means to' accomplish the cancellation. EXECUTIVE SESSION 3:10 P.M. - On motion of Justice Evans, seconded by Councilwoman Hussie, it was Resolved that the' Town Board enter into Executive Session to discuss the appointment of a Police Lieutenant. (Supervisor Cochran left the room at this time and did not participate in the discussion.) Vote of the Board: Ayes: Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry.----As a result of this Executive Session, a resolution (32) was placed on the agenda to appoint Sergeant Carlisle E. Cochran as a Police Lieutenant. 3:30 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on August 20, 1996, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussle Councilman Joseph L. Townsend, Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Absent: Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: August 20, 19967 May I have a motion to approve the bills of Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the followin~l bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $105,911.11t; General Fund Part Town bills in the amount of $7,878.~4; Community Development Fund bills in the amount of $500.00; Highway Fund Whole Town bills in the amount of $6,263.18; Highway Fund Part Town bills in the amount of $!9,215/58; CHIPS (Highway Part Town~ bills in the amount of Stt0,/J.68.60; Fishers Island Metal Dump Capital bills ii3 the amount of $28.00; Employee Health Benefit Plan bills in the amount of $30,617.22; Fishers Island Ferry District bills in the amount of $67,766.65; Refuse & Garbage District bills in the amount of $137,037.61; Southold Wastewater District b|lls in the' amount of $1~138.87; Fishers Island Sewer District bills in tine amount of $505.36; Fishers Island Ferry District Agency & Trust bills in the amount of $1,123.02. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of the minutes of August 6, 1996, Town Board meeting. Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the August 6, 1996, Town Board meeting be and hereby are approved.. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Su pervisor Cochr~n.. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of the minutes of August lt~, 1996, our Town Board meeting on Fishers Island. Moved by Justice Evans~ seconded by Councilwoman Ollva, it was RESOLVED that the minutes of the August 1Lt, 1996, Fishers Island Town Board meeting, be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oi|va, Councilman Townsend, Counc|lwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR GOCHRAN: Setting the next Town Board Meeting September 3, 1996, at u~:30 P.M. AUGUST 20. 1996 Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED. that the next regular meeting of the Southotd Board will be held at [1:30 P.M., TUesda¥~ Septembe~ 3, 1996, at the SouthOld Town Hall, Southoid, New York. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: presentatiOns ,from the Benfield? At this time we are going to have some special Historic Landmark Designation Committee. Mr. CLIFF=BENFIELD: Tonight is the second night that the Town Landmark Commission is heI.ping the distribution of landmarks alread, y committed due. to property owners in the TOwn of Southold, and also, tomght, we would hke to present one marker to. a new recipient, and that would Eric Haesche, who is the proprietor of the Vail-Booth. So, we will do that plaque first. The plaques are bronze plaques, that was designed by the CommiSsion, and so made to be mounted on a house. They can be mounted with a sign under. This is an example of the kind of designation that could be made on a house. This, however, we would prepare at a cost with the property owner, of course, to put on their house. Otherwise, the plaque is fine just the way it is. The Commoners choose to have a large one made like this mounted on their sign. Of courser there is no house the sign on, so they have to mount it on something. The Landma nized tonight will be the Landmarks of New Suffolk~ of . and Orient Point, so we'll start with New Suffolk. The first one s for the Methodist Mission and New suffolk Scl~ool,. Is Mrs. McCowan here Thls is' house is recognizable by its unusually high stone foundat . now a private home, built by Benjamin Webb and use. Webb presented the building to the as a mission by itinerant Ministers on the circuit as a - meetings and Sunday afternoon services. After New hooi was destroyed by fire, the school district rented the Mission a year. At this point in time only t.he basement of the bU ,~. After the building was complete, d classes were held the New Suffolk School District bought the nd' held classes there until 1907. The house still has its origin f,. The Old Harbor House, I'm sorry the Finkelsteins couldr We are now to C;reenport, and we would like to 31ng-Doroski House, Gerald Do.roski. I'1! ,star, t reading this now to save time.' Built about 1810 as an mn at Steamboat Junction, this lar important rE hand gar[ innov: ~e .builde~ income elements vet' struc! consi columns door similar Joshua Faro that very re~ of C( Champl, Young versrons in t, and have erecte, moved two blocks west about 1890. It is an Of Greenport's days as thriving steamship harbor for as fish and cargo. Post and beam construction blends elements. This is the only known use of the ;nport at the time of construction and it shows an of the local architecture style by the allowed for the full use of the attic story as nS for travelers. The old inn shares architectural t.o Gre. enport such as the use of a square shape wide with a side entrance. The striking entranc, e Doric columns, a pair of freestanding Doric rway and an engages pair at the extremes of the separate the two pairs. Take a look and you'll find in and around the heart of Greenport. Probably built by this'.house has been carefully restored with a lovely porch sometime after 1890. The next house we recognize we are do. It is the Youngs-Guerlain-Co~le House. It contains f..irst house, one of the first house in Southold, the house gs. Sparky Coyle will receive the plaque. The was once part of the home of Colonel John settler Pastor John Youngs. There are at least ry. One, by former Town Historian Wayland Lted that it was part of the 1638 Jackson house on the bay English house in New York. It was later trisected, to Champlain Place. But another history seems to ;I. That version has it that the house was originally of Sterling Creek, part of the large homestead of AUGUST 20. 1996 Colonel John Youngs. Passed down in the family, it was eventually divided, literally, by two of the five sons of Deacon Thomas Youngs. A brief history in the possession of SparkY Coyle, a Iongtime owner of the house, from 1936 to 1995, cites a letter of August 29, 1827, which included the llne, "Brother Joshua began sawi.ng the house-today". Half the house was moved to 2345' Main (.N.o.rtl~) Road in Greenport, adjacent to Brecknock Hall. This half of the building OWned as of this date, June 1996, by Frank Mclntosh is also on the Town's register. SUPERVISOR COCHRAN: Sparky, congratulations. CLIFF BENFIELD: There is a lot more to go on that. The Cuerlain family also occupied that house for some thirty-six years, and that's why is is named Youngs-Guerlain-Coyle House. We'll go on to Orient. We come to one that I'm very happy to present, because he happens to be a very active member of our Landmark Commission, and that's Ralph and Elinor Williams. This is for the J House. We' all know the Terry~'Mulford House. It stands ( you see it from the left. It is a beautiful place there, il shingled residence with saltbox profile built in late 1; I hate to go through the whole thing, because' Ralph has a thesis that was done on his property. I'm sure he would be delighted to read it off to you. SUPERVISOR COCHRAN: :'Congratulations. CLIFF BENFIELD:' designing their Terrywold, J~ Although this 168~1, and the second oldest earliest: Terr Terr' Terr' consider the house of 1700 part of '1 was later was large quilting east and now wide floo~ a small to be the bldei It!s very seldom that someone can participate in designation. Our next one is for House. Is Hope Gillispie here? Okay. original doorWay, the east wing dates from ion from 1700. The east Wing is believed to be 'the in Orient after the Terry-Mulford House. The is Johnathan Terry, St. who died in 1732. by the tenth generation members of the been out of ithe family. Some historians to have been ,once been the Joshua Curtis Cres of property are still being farmed. This is 'Farm House which included 100 acres of land that thirds~for family members. The house once had a moved to the o, rville Terry property' to the The attic :veil's pegged, hand hewn beams, e'i HSL es, dado/wide chair rail. There is room ati east end, what is considered of the house. It's a very old house. HOPE GILLISPIE: Ail I can say is, don't anybody buy an old house. CLIFF BENFIELD: House, and Shanahan mu seum of Orient's opera Long store as ~ in 1832. Gilson Vail: i and acquiPed Village HOuse the Societ~ will you Moved here Greeoport, fireplace than belief th~ Colonel G~org the Webb: l Oyster Pond Village Lane. Landmark we are recognizing is the Village Historical Society. Is Mary - Lee is now the headquarters and principal Historical Society. Augustus Grlffen, 'lng most of his mature years The tavern was a stop on the also operated as a school, and a was enlarged and a second story added in' 1856. The house was sold to Samuel and downstairs in the 1870's and picturesque ornamentation. family until its purchase in 194[[ by as a museun~ for displaying the possessions. While you are here the Webb House/Constance Booth Inn. second location near Sterling Harbor in contains more bedrooms with which greatly supports 'the Augustus Criffen~'s journal tells of between Virginia and Boston, visiting ~e whe~ the structure was located in Greenport and the house became known as the Orange :ally furnished and maintained by the ety. There's ohe more, Cideon Youngs House on your own house. She is accepting this one for AUGUST 20. 1996 herself. The dormer and bay windows, which were added in the late 1800's, tend to obscure the fact that thrs is quite likely the oldest existing house in the Orient Historic District. Certainly, it is the' best documented originally deeded to Johnathan Youngs by L.T. GideOn Youngs in 1701, successive deeds trace the ownership through six generations of Youngs until 1962. Structural evidences of antiquity includes a large Georgian mantelpiece, hand hewn beams, some boxed, uses of buttermilk paint, a succesSion of reefs from wood shingles to tin, to the present asphalt. In 1996 the building was renovated once again. The Methodist Church was organized and held meetings in this house prior to the building of its church in 1836. On the 17th of September we will distribute the plaques to the people of Southold, and I hope that all .the people that have received them tonight, and the next meeting we have when we do this, will put them on their: houses> and wear them proudly. We're proud of our landma'rk, and we' know that you have to be, too. I want to remind you, that one must apply for a Landmark designation. It doesn't just happen. There are three reasons why houses become landmarks in Southold, one, be ause they have s??clal slgn,flcance, two, they are concerned with a histori.C si~e, or wi:Ih something happened, or three, their llfe is identified wilth a famous person in history. So, thank you very much. SUPERVISOR COCHRAN: Your committee does fine work, so thanks to the committee, also. CILFF B.ENFIELD: I would just llke to mention the members, Bob Kassner, John Stack, and Barbara Jones. She has been our intern from Columbia University. She has been very helpful, and of course, Ralph Williams. I. REPORTS. SUPERVISOR COCHRAN: As you know our agenda also includes Reports, which are listed on the printed agenda. If there is anyone, that is interested, they are public information. You may obtain a copy from the Town Clerk. Also, Public Notices are listed, and Communications. 1996. 1. Southold Town Board of Trustees Monthly Report for July, 1996. 2. Southold Town Justice Evans' Monthly Report for July, 1996. 3. Southold Town Justice Bruer's Monthly Court Report for JulY, Southold Town Investigator's Report for August, 1196. 5. Southold Town Justice Price's Monthly Court Report for July, 1996. 6. Southold Town Program for the Disabled, August through November Events for 1996. 7. Lawrence Healthcare Town Claim Study Analysis for July, 1996. 8. Lawrence Healthcare PBA Claim Study Analysis for July, 1996. 9. SOuthold Animal Shelter Monthly Report for July, 1996. 10. Southold Police Department Monthly Report for July, 1996. Il. PUBLIC NOTICES. 1. New Yor:k Department of Environmental Conservation, Notice of Appllcati.on of Barbara Braatz .to establish a basin adjacent to an.existing boat basin. Project is located' at 5250 Vanston Road, Cutchogue, New York. Comments to be received by A'ugust 30, 1996. 2. State of New York Public Service Commission Notice of Public Statement Hearings on Long Island Lighting Company's Electric Rate Levels. Appointments not necessary. Comments may be in writing. 3. Corp of Army Engineers, New York District, application of Town of Southold Community Development Agency to dredge with upland disposal and remove wetland vegetation in Marion Lake, East MaFion, New York. Comments to be received" by September 13, 1996. tr. Corp of Army Engineers, New York District, application of Michael Slade to dredge with ten years maintenance and upland disposal, construct rock revetment, reconstruct piers in Wickham Creek~ Cutchogue, New York. Comment to be received by September 18, 1996. AUGUST 20. 1996 III. COMMUNICATIONS, 1. Thor Hansen, President of Southold Citizens for Safe Roads, Inc. in regard to the Cross Sound Ferry, 2. Jeannette~V. Dumas of Southold, New York, writing in support of prohibiting jet skis within 1500 from the shore. 3. Bert X H.a~e.rty o.f U.S. Small Business Administration with a request for help publiciz ng minority small business firms. 4. Josep.h. R. TUttle,i Project Engineer of New York state Environmental Facilities' Corporation ih relation to the Fishers Island Metal Dump Reciamatlon project; Co-President of Mattituck Chamber of Commerce Superintendent of HighWays Ray Jacobs for cleaning up~ Pike Street, Mattituck~ m anticipation of" the Mattltuck Street Fair'. 6. Ryan, North F°rk Beach VolleyBall League Director expressin! the Town'.for creating beach' VolleYball courts. 7. ; Greenport~softball League thanking Southold Town for the donation :to the league. IV. PUBLIC HEARINGS. 1. 8:00 P.M., on a proposed "Local Law in Relation to Electing a Retirement Incentive Program as Authorized 'by Chapter 30, Laws of 1996, for the Eligible Employees of the Town of Southold". 2. 8:05" P.~., on a proposed "Local Law Requesting the New York State Legislature to Approve Legislation Permitting a Binding Referendum on the Creation of PeconJc County in the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold and Requiring a Four-Fifths Vote of the~ Town Board of the Town of Southold in Approving any Actions Relating to the Creation of PeconJc County". V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has. a policy, that prior to the passing of resolutions, if there is anyone here .that would like to speak to a Parti~ular.resolution, now is the time. Is there anyone that would like to address the-Town Board on any of the printed resolutions? (No response.) You will have the opportunity later at the end of the Board meetin.g to address the Board on any given topic, and of course, you know there is a hearing scheduled, one at eight, I believe, and one at 8:05. So, we will begin our resolutions, if there is no one that would like to speak to the Board at :this time. 1.-Moved by Councilwoman Hussie, seconded by JUstice Evans, it was RESOLVED that -the Town Board of the Town of Southold hereby designates the Vail-Booth ~House, owned by Eric Haesche, 59[[05 Main Road, corner of Laurel Lane, Southold, N.Y., as a Southold Town Landmark, all in accordance with the recommendation for designation by the Southold Town Landmark Preservation Commission, and acceptance of designatlon by Eric' Haesche. 1.-Vote of the Town 'Board: Ayes: Councilman Moore, Justice ' Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project for the Heavy Duty Hydraulic Hoist at the Highway DePartment, effective immediately. Capital Project Name: HYdraulic Lift Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.80 Transfers from Other Funds $16,600.00 Appropriations: H.1620.2.500.~00 Buildings & Grounds, Capital Outlay Fee for Services, Non-Employees Hydraulic Lift $16,600.00 AUGUST 20. 1996 2.-Vote of the Town- Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OlJva, Councilman Townsend, Councilwoman ItussJe, Supervisor Cochran. This resolution was duly ADOPTED. 3--Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Sou]hold hereby rescinds resolution no. 29, adopted on June 11, 1996, appointing Helen Va]elias as a Contingent Permanent Clerk Typist in the Building Department, to replace, Claire Toy while she is on Maternity Leave, whereas Ms. Va]elias declined the position. 3.-Vote of the Town Board: Ayes: Counclhnan Moore, Justice Evans, Councilwoman OlJva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resblution was duly ADOPTED. q.-Moved by Councilwoman Ol|va, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Sou]hold hereby authorizes and directs the Town Clerk to advertise for bids for Bulkhead Recon struction and Restoration at Kl|pp Park, Cull Pond Inlet, Manhanset Avenue, Creenport, New York. q--Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, CouncJhnan Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED, 5.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a drainage easement between William R. Mosher and Ella Mosher and the Town of Sou]hold, as part of the New York State Nonp01nt Implementation Crant Program ~ Hashamomuch .Pond Stormwater Remediation Project, all in accordance with the approval of the Town Attorney. 5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman HussJe, Supervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Councilman Townsend, seconded by Councitwm,an Oliva, it was WHEREAS. the New York State De£en'ed Compensation Board, pursuant to Section 5 of tile New York State Fipance Law ("Section Y') and tile Rules and Re_oulations of the New York State Deferred Compensation Board (the "R. ules and Regulations"), has established tile Modal De[erred Compensation Plan for Emp{oyees of the Tmvn of Son]hold (the "Model Plan") and offers the Model Plan ['or adoption by local employers; WHEREAS, the Town of Southold, pursuant to Section 5 and the Rules and Regulations, has adopted and currently administe<s th~ Model Plan in a Form known as the Deferred Compensation Plan For Employees of the Town of Son]hold: WHEREAS, the'Board }]as recently amended the Model Plan. retroactively effective to January I. 19,96, by adopting amendments titled as tbllows and set Forth on pages 2 throuah 7 Following; 2. 3. 4. 5. 7. 8. Alternate Payees By Court Order Compliance With Distribution Rules Of Internal Revenoe Code Investment Of Amount Deferred Powers Of Attoruey Claims Procedures Designation O[Beneficiaries Defined Terms Typographical Corrections WHEREAS, the Town of $outhold has reviewed all eight (8) of the amendments anti upon due deliberation, has-concluded that it is prudent and appropriate to incorporate all eight amendments as set Forth on pages 2 through 7 of this resolotion: AUGUST 20. 1996 WHEREAS. the Board has established the ability to amend an existing Model Plan or adopt a new Model Plan. Since the Town-of Southold is proposing the inclusion of all eight (8'} or'the Board's amendments, it would be our desire to choose the new Revised and Restated Model Plan which incorporates all these amendments, as opposed to amending our existing Model Plan: and NOW. THEREFORE. BE [T RESOLVED. ttmt the Tnwn of Southold hereby adopts the ':Model Deferred Compensation Plan tbr Employees of the~Town o£ Southold Amended And Restated Effective January 1. 1996" Name of Local Enmlover = Th.e l'own nf Alternate Payees by Court Order [A&t o ne,, defined term to Section I: remm~ber apl,'opriateO] "Plan Certified Domestic Relations Order" means any judgment, decree or order. including, but not limited to, appro,~al of a property settlement agreement, which has been detemfined by the Administrative Service Agency to meet the requirements of a qualified domestic relations order within the meaning o[ Section 414(p) of the Code. {Amend the third sentence of Section 4.5 as follows[ Except as otherwise provided under Section I 1.5,__n_No such amounts, property, income or rights may be. assigned, used as collateral or otherwise disposed of in any manner by the Participant prior to distribution of such ammmts under Sections 6 and 7. [Add a new Section 4.6] 4.6 Notwithstanding any other provision of the Plan. during any .period when amounts are segregated on behal[ of aa~ alternate payee pnrsuant to a Pla~nl'Certified Domestic Relations Order as provided in Section l l.5(b), the alternate payee may be entitled to direct the investment of such an~ounts in accordance with this Section 4 to the extent provided itt such order. In the event that an alternate payee fails to specify au investment direction, any amounts segregated on behalf o[ the alternate payee shall be invested in the same manner as the relevant Participant's Acconnt. [Amend the first sentence of Section 11.5 as followx] 11.5 (a) .Except insofar as may otherwise be required by law or hi accordance with this Section 'I 1.5, no amomtt payable at any time under the Plan shall be subject in any manner to alienation by anticipation, sale, transfer, assignment, bankruptcy, pledge, attachment,, charg~ or encumbrance of any kind, and any attempt to so alienate such amount, wl~ether presently or thereafter payable, shall be void. [Add a new Section ll.5(b)] (b) Payments with respect to a Participant's Account may be made to one or more.alternate payees pursuant to the terms of a Plan Certified Domestic Relations Order: provided, however, that notwithstanding any other provision of the Plan, Section 4 of the Code or any Plan Certified Domestic Relations Order. uo paytnents with respect to a Participant's Account shall be made to an alternate payee pursuant to the ~erms of a Plan Certified Domestic Relations Order prior to the earliest date as of which payments to the Participant could commence under Section 7 (without regard to Section 6), nor shall such Plan Certified Domestic Relations Order create any rights greater than the Participant's rights under the Pta.n and Section 457 of the Code. In the event a Plan Certified Domestic Relatiorts Order is received by the Plan prior to such date upon which payments contd commence to the Participant. a portion of the Participant's Account. which pm-mm AUGUST 20. 1996 shall be determined in accordance with tile Plan Certified Domestic Relations Order, shall be segregated on behalf of each alternate payee designnted undeT such Plan Certified Domestic Relations Order until paymem is made to the ahernate payee ill accordance with this Section 11.5. No liability whatsoever shall be incnrred by the Board, Employer. Administrative Service Agency, Review Committee. Custodian or any Financial Organization solely by reason of any action taken in accordance with this Section I 1.5 pursuant to the terms of a Plan Certified Domestic Relations Order. , Compliance with Distributiou Rnles of (he iulernnl Revenue Code [Add a new Section Z 7] 7.7 Notwithstanding anything in the Plan to the contrary, all distributions will he made in accordance with the Treasury Regulations under Section 401(a)(9) of the Code. including, but not limited to. Treasury Regulation Section 1.401(a)(9)-2. 67' Investment of Amounts Deferred [Add the following new sentence to the end of Section 4. I] The Board shall have the right in its sole discretion to replace any Financial Organizatiou or Fund with a successor Financial Organization or Fund amt to incur any and all reasonable fees and expenses on behalf of die Plan in conuection with st, ch replacement. {Add a new subsection 4. 4(c)] (c) The Administrative Service Agency shall have tile right to decline to implement any investment direction upon determination that: (i) the persongivmg the direction is .legally incompetent' to do so: (ii) implementation of the investment direction would be contrary to tile Plan or applicable law or governmental ruling or regulation including, but not li~nited to, Treasury Regulations; or (iii) implementation of tile investment direction wo~Hd be contrary to a court order including, bu! not limited to. a Plan Certified Domestic P, elations Order. Powers of Attorney [Add a new Section 4. 7] 4.7 No power of attorney, other than one properly executed in accordance will} Section 5-1501 of Title 15 of'the General Obligations Law of the State, as snch may be amended frortl time to time, shall be effective in penmt an attorney-in-fact to make any investment d~rection on behalf of a Participant except upon specific determination by the Admiuistrative Service Agency that ~he insmmmnt expressly grants the power to act on behalf of the Participant regarding Account investment direction under this Plan. {Add a new Section 8.3] 8.3 No power of altomey, other than one properly executed in accordance wilh Section 5-1501 of Title 15 of the General Obligations Law of the State, as such may be amended from time to time, shall be effective m permit an attorney-in-fact to make or change a Beneficiary designation on behalf of a Participant except upon specific determination by Ihe Administrative Service Agency 01at the instrument expressly grauts the power to act on behalf of the Participant regarding Beneficiary designation under this Plan. AUGUST 20. 1996 Claims Procedures [Add a new defined term to Section 1: renumber appropriately] Review Committee" means tile cotrunittee designated by the Board to review claims to rights or benefits under the Plan and requests for hardship withdrawals under Section 6 in accordance with Section 9. l(c) of the Plan. [Antend Section 9. I as follows] 9.1 (a) The Board shall have genera[ authority tinder the Plan. 'Fire decisions of the Board shall be final.' biuding and conclusive on all interested persons for a~l purposes. The Board may deleqate its .~eneral a_uthorit¥ as it deems approvriate in accordance with the terms of the Plan and all aoplicable Code sections ~d Treasury RegulationsA_provi_ded. however, such delegation shall be subject to revocation at an,,' time at the discretion of tim Board. Notwithstandinq any other pr_ovision of the Plan. the Board's general au_thoritv include the right to review, revise, _modify, revoke, or vacate any decision ma_de or action taken by any vartv under the Plan which rLght includes, but is not limited to, th_e righ!t_o review, revise, modify, revoke, pr vacate any decision of the RevieTM Conm~ittee at any tune upon reasonable notice to the claimant. [Add a new Section 9. ](la) (b) Any claim to rights or henefits under the Plan or request for hardship withal rawal under Section 6 must be filed ill writing with the Board. or with such other entity as the Board may designate. Within 60 days after receipt of such claim, the Board. or such otl~er entity designated by the Board. shall notify the claimaut that the claim has been granted m' denied, in whole or in part. Notice of denial of any claim in whole or in part by tile Board. or such other entity designated by the Board, shall include the specific reasons for denial and notme of the rights granted by Sectmn 9. l(c). (c) Any claimant who has received uotice of denial, ill whole or tn part. of a claim made in accordance with tire foregoing subsectiou lb) may file a written request within 31) days of receipt of such denial for review of the decision by the Review Cormnittee.. Within 90 days after receipt of such request for review, the Review Committee shall notify the claimant that the claim has been granted or denied, in whole or in part; provided, however, that the Review Comnfittee may in its discretion extend such period by up to an additional 120 days upon notice to the claimant prior to expiration of the original 90 days that such additional period is needed for proper review of die claim. Notice of denial of any claim in whole or in part by the Review Committee shall iuclude tile specific reasons for denial and shall be final, binding and conclusive on all interested persmls {'or all purposes. Designation df Beueficiarles [Amend the first sentence of Section 8. 2.as follows] 8.2 If no such Beneficiary designation is in effect at the time of a Participant's death. or if no designated Beneficiary survives the Participant, the payment of the amom~t, if any. payable under the Plan upon his or her death shall be made to the Participant's Surviving Spouse, if any, or: if the Participant has no Surviving Spouse or the Surviving Spouse catmot be located with reasonable diligence by the Employer or the AdLninistrative Service then to his or her c-hitdren-p~r-stirpes.--orqf-nene.-4he~Ho-his-~e-her-estate. AUGUST 20. 1996 Defined Terms [Amend Section 1.19 as follows] 1.19 "S__eparatlon froln Service" or "Seuarates [[Oli1 Service" means a separation from tile service of the Employer within tile meaning of tile Ti'e~uiw promulgated under Section 4574~(e)(4)(&)0ii) of the Code. includina, but not limited to. Tmasu~ Regulation Section re6~mem. ]Add a new defined term to Section 1; re,timber appropriate(v] "Treasury Regulations" means the regulations promulgated by the Treasnrv Department under the Code. as' now in effect or as hereafter amended. All citations to sections of the Treasury Regulations are to such sections as they may from time to time be amended or renumbered: [Amend the final sentence of the Purpose Section ax follows] Tile Plan is intended to satisfy the requirements for au "eligible deferred compensation plan" under Section 457 of the Code, and all other applicable provisions of law and the Treasor_y Re_g_ulatio~s. issued thereunder. {Amend Section 3.3 ax_follows] 3.3 The Employer shall withhold of cause to be withheld from auv Amounts Deferred and from any amounts distributed from Participants' Accounts, all federal, state, city or other taxes as shall be required pursuant to rely law or governmental ruli~ or regulation includine, but not limited tO, Treasury Re.m.tlatimxs ar rating. [Amend the second, sentence of Section 7.450) as follows] Such distribution shall commence not later than tile December 31st ofithe Year immediately following the Year in which the Participant died or, in the event such Beneficiary is the Participant's Surviving Spouse. on or before the December 31st of the Year in which such Participant wmfid have attained age 70~A, if later (or, in either case, on any later date prescribed by regu!at'~cns cf the U.S. Deparlment-of the_Treasury Reeulatiotks). [Amend Section I1.1I a~ follows] 11.11 The Plan and all rights thereunder shall be governed by and construed in accordance with the Code and the Treasury Regulation_s_ promulgated thereunder and the laws of the State. Typographical Corrections {Am end Section t. 18 folio ws] 1.18 "Regulations" mean_s. [/Intend Section 2. I (b) as fol]ows] Each Employee.. pm~icipant in a plan described under Sections . . . AUGUST 20. 1996 6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 7.-Moved by Councilwoman Olive, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following . budget for the 1996 Consolidated Highway Improvement Program (CHIPS) administered by the Highway Department: Revenues: DB1.3501.00 State Aide Consolidated Highway Aid $ 201,630.93 Appropriations: DB1.5112.2.~00'.905 Consolidated Highway Improvement Capital Outlay Highway Resurfacing/Reconstruction $ 201,630.93 7.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Olive, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 23rd day of July, 1996, a Local Law entitled, "A Local Law in Relation to Bulk and Parking Schedules"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for recommendations and reports; now, therefore, be it RESOLVED that the ToWn Board hereby sets 5:00 P.M., Tuesday, September 3, 1996, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Bulk and Parking Schedules 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 S.outhold is hereby amended as follows: 1. Section 100-32 (Bulk, area and parking regulations)is hereby amended by adding the following: No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120~ R-200 and R-~00 Districts unless the same conforms to the Bulk Schedule and parking Schedule incorporated into this chapt r with the same force and effect as if such re~lulations were set forth herein full. II. This Local Law shall take effect upon filing with the Secretary of State. * Additions underlined. 8 .- Vote of the To.wn Bbard: Ayes: Councilman Moore, Justice Evans, Councilwoman Olive; Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9-~ Moved by Councilman Townsend, seconded by Councilwoman Olive, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $200.00 to Felice Semon, which sum represents one-half of the filing fee for Appeal No. L[375 to the Board of Appeals; said refund all in accordance with the recommendation of the Board of ApPeals. 9.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 20. 1996 10.-Moved bY Councilwoman Olive, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $75.00 to John M. Wagner, Esq., on behalf of Richmond S. Corwin, Jr., which sum represents a portion of the filing fee for Appeal No. [t390 to the Board of Appeals; said refund all in accordance with the recommendation of the Board of Appeals. t0.- Vote of ithe Town' Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Quality Review Act in the matter of the petition of Riverhead Building SUpply Corp. for a change of zone from Hamlet Density (HD) Residential District to Light Industrial Park/Planned Office Park (LIO) District on certain property located on the south side of NYS Route, Creenpor[, SCTM#1000-Lt6'I;2.1, consisting of 3.5 acres. 11.- Vote :of ithe Town Board: Ayes: Justice .Evans, Councilwoman Olive, COunCilman T. oWnsend, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This reso~Uti0n was duly ADOPTED. 12.-Moved RE~ the exceed respect, zone Park paid 12.- Cou Abstain This re~. )uncilwoman Hussle, seconded by Councilwoman Olive, it was that the Town Board of the Town of Southold hereby engages Charles J. Voorhls & Associates, Inc., at a cost not to to review the Long Environmental Assessment Form with ~he petition of Riverhead Building Supply Corp. for a change of Hamlet Density (HD) Residential District to Light Industrial ed Office Park )LIO) District; said review to include ~:Part I. prepare a Part II and Part III, draft a proposed .' including a field inspection; the cost of said review to be applicant prior to the commencement of the review. Town Board: Ayes: Justice Evans, Councilwoman Ollva, Townsend, Councilwoman Hussle, Supervisor Cochran. ~man Moore. was duly ADOPTED.. 13.-Moved~ by~Council.w.~man Olive, seconded by Councilman Townsend, WHEREAS, a petition has been received from Riverhead Building Supply Corp. fora change of zone on certain property located on the south side of Route 25, Greenport, New York, from Hamlet Density (HD) Residential District 'to Light Industrial Park/Planned Office Park (LIO) District; now, therefore~ be it RESOLVED that the Town Clerk be and she hereby is author|zed and' directed to transmit this petjtlon to the Southold Town Planning Board and the SUffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. 13.-Vote of the Towri Board:' Ayes: Justice Evans, Councilwoman. Olive, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. 14.-Moved ,by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of 5outhold hereby authori~zes and directs Supervisor Jean W. Cochran to execute agreements with the following individuals for the Fall 1996 Recreation Programs, all in accordance with the approval .of the Town Attorney: 72- AUGUST 20. 1996 Thomas Andreiack (Faux Finishes) ...................................................... Lisa Baglivi (Introduction to Watercolor) ............................................... Harry Beresford (Men's Basketball) ...................................................... Thomas BouCher (Guitar Lessons) ............................................. : Laurie Jean Como (Piano) .................................................................... Maureen Clancy (Senior Writing) ......................................................... George ConstantinidiS (SmOking Cessation, Perm. Weight Loss) ....... Betty Crowson (Self-DiScovery) ............................................................ Shir ey Dar lng (Tennis) ....................................................................... Dreamlike Marionette Co. (Puppet Show) ............................................. Lauren Egan (Adult: CPR) .................................................................... (Defensive Driving) ............................... Tom Fox (Cartoon Dr, awing) ................................................................ Dan Gebb a (Dog Obedience) ............................................................ Dalia Gorman (Yoga) ........................................................................ Linda Knoernschild (Volleyball) .......................................................... Ele0n0ra Kopek (Arts& Crafts) ........................................................... Mattituck Lanes (Bowling) ................................................................... Karen McNeil (Cheerleading) .............................................................. Jim Mikelbank (Youth Basketball) ....................................................... Basil Northam"'' (AdVentures :on the North Fork) .................................... Theresa PresSler (youth Program). .................................................... Martha Pric~ce (step', Aerobics) ............................................................ River§ide Gy~a~'[ic~s (Gymnastics) ................ .............. ~.. .................. Jeande Ru and (~)iBy ~culpting/Aerobics) ................... ~....' .................. Steve Sm ith i(Wei~!~t Training) ............................................................ Joann Terkow~ski',(~i ~ternation~al Folk Dancing) ................................... Mary Van DeUser~:(iCountry Western Line Dancing) ........................... Chris .Vedder'~Gc~!f),,:... .......... ;. ........................................................... Dorothy Wolf {R~f~eSher~ Bridge) ................................................... ;'" YMCA of Long Island (Parent/Toddler Program) ................................ 14.-Vote of the Town. Board: Ayes: Councilman Moore, °V Councilwoman OH a, Councilman Townsend, Councilwoman Supervisor This resolution was duly ADOPTED. 15.-Moved by CouncilWoman'.:Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold the followlng ,1996' Beach Attendants and Lifeguard: BEACH A~ENDANT. S ~ Patrick cst year) .................................................... Jeremy wil~elm (1 st year) .................................................. rson ~r,~nt Itussie, hereby appoints $ 5.83/hour 5.83thour: LIFEGUARD Courtney Gallagher (1st year) ............................................ $ 7.42/hour 15.- Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Townsend, Moore, Justice Evans, Councilwoman Hussle, 16.-Moved by Councilwoman Hussle, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Deputy Supervisor William D. Moore to execute the 1995-96 PBA Contract, all in accordance with the approval of the Town Attorney and the Town's Labor Management Consultants. 16.- Vote of the Town Beard: Ayes: Councilman Moore, Justice Evans, Councilwoman OlJva, Councilmat~ Townsend, Councilwoman t-lussle, Supervisor Cochran. This resolution was duly ADOPTED. AUOUST 0.19, ' 73 17.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an Extension Agreement between the Suffolk County Office for the Aging and the Town of Southold for the Community Services for the Elderly (CSE) Day Care Program, to extend the term of the agreement from March 31, 1996 to March 31, 1997., at a total agreement cost of $20,867.00; all in accordance with the approval of the Town Attorney. 17.-Vote Boa ,es: Councilman Moore, JustiCe Evans, Townsend, Councilwoman Hu ssie, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold .hereby extends the appointment of Roxana L. Crux, Seasonal Clerk Typist for the Police Department, for one month, effective 'September 1, 1996 through September 30, 1996, 35 hours per week, at a salary of $6.82 per hour. 18.-~ n Board: Ayes: Councilman Moore, Justice Evans, Townsend, Councilwoman Hussie, Super~zJsor Cochran. This resolution was duly ADOPTED. 19.-Moved.;by Councilwoman Oliva, seconded by Justice Evans, it was RESOEVED. that the TOwn Board of the Town of Southold hereby authorizes the following modification to the 1996 General Fund Whole Town budge~ to provide funding for the Supervisor's car: To: :~0 ' ~r' ~00 ' 750 From: A9010.8.000.00 Central Garage Contracted Services Automobile Leases New York State Retirement Employees Retirement $ 1,150.00 $ 1,150.00 19.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OlJva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED, 20.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the 1996 Budget to provide additional funding for the Fishers Island Metal Dump project: . General Fund Whole Town To.' A9901.9.00.100Transfers to Other Funds Transfers to F! Metal Dump Capital Fund $ 8,118.00 F rom: A9010.8.000.00 New. York State Retirement Employees Retirement System $ 8,118.00 Fishers Island Metal Dump Revenues: H8.5031.00 Transfers from Other Funds Transfers from' General Fund Whole Town $ 8,118.00 Appropriations: H8.8160.2 Refuse & Garbage, Capital Outlay FI Metal Dump Remedlation $ 8,118.00 20.- Vote of the Town Board; Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 20. 1996 21.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was WHEREAS, the Board of the Fishers Island Ferry District advertised for bids for-the recbnstruction of the East Ramp in Silver Eel Cove, Fishers island, N.Y., · in accordance with plans and specifications prepared by DOCKO, Inc., and two-bids were received, the upon review, the bid of Chesterfield * Associated ' Inc. was found to be the-- lowest responsible- bidder; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the Bo~rd'of Commissioners to accept 'the $11t3,000.00 bid of Chesterfield Assocfates Inc., and enter into a contract with them. to accomplish the East Ramp Reconstruction all in accordance with the plans and specifications. 21.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman : Oliva~ Councilman Townsend. Councilwoman Huss|e, Supervisor Cochran. This resolution was duly ADOPTED. 22.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the.cloSure of Case's Lane. Cutchogue,-on Saturday, October 5, 1996, between the Village Green and the Library (with the road blocks to be placed so as not to~ block the entire Library= parking lot, and continue south to the end of the allow access to all homes from the other end of Ca: 9:00 A..M. and 5:00 P.M., as 'a s.a. fety precaution dur,h nnual Harvest Fair to be held by the Matt tuc~ Lioness Club on 'een, Main Road, Cutchogue, N.Y., provided they file with the Town a One Million:Dollar Certificate of Liability Insurance namil~g the Town of Southold as an additional insured. 22.-Vote of the Town B( .. ';Ayes: Councilman, Moore, -Justice Evans, Councilwoman Townsend, Councilwoman Hussle, Su pei-~isor Cochran. This resolution was duly ADOPTED. 23.-Moved by Councilman Moore, seconded by Councilman Townsend, it was RESOLVED that the . Town- Board of the Town of Southold hereby reappoints Mary' Mulcahy Jackson as Southold Town Recycling Coordinator, effective August 19, 1996 through August 19, 1997, she to serve in this position without compensation. 23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2~.-Moved by Councilman Townsend, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ann Morris as a part-time Clerk Typist for' the Building Department, effect|ve immediately through December 2, 1996, 17-1/2 hours per week, at a salary of $6.82 per hour. 24.-Vote of the Town Board: Ayes: Councilman Moore, -Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochra n. This resolution was duly ADOPTED. 25.-Moved by Councilwoman Hussie, seconded.by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trius, Inc., in the amount of $168,811.00, for supplying the Southold Solid Waste Management District with one (1) Jenz American Model AZ35 Mobile Leaf and Yard Waste Shredder, all in accordance with the bid specifications. 25.- Vote of the Town Board: Ayes: Councilman Moore, J'ustlce Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 20. 1996 26.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Ehrbar, inc., in the amount of $139,492.95, for supplying the Southold Solid Waste Management District with one (1) Re-Tech P622 Trommei Screening Plant ($109,552.95 and Auxiliary Stacker with necessary operating hydraulics ($20,9110.00), all in accordance with the bid specifications. 26. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, :Councihnan Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duty ADOPTED. 27.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to notify the Suffolk County Department of Law that the Town is interested in acquiring a parcel of property to be offered* for sale at public auction which adjourns Town property: SCTM~f1000-056-01~002.03~l, part of Pond Avenue, located on the easterly side of Laurel Avenue, Southold. 27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN; We will stop at this point for ti~e public hearings scheduled at 8:00 o'clock. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that ,a recess be called at this time, 8:00 P.M., purpose of holding a public hearing. VoLe of the Town Board: Ayes: Councilman Moore, Justice ~ouncilwoman Oliva, Councilman Townsend, Councilwoman Supervisor Cochran. This resolution was duly ADOPTED. for' the Evans, liussie, Reconvened at 8:50 P.M. SUPERVISOR COCHRAN: We will continue with our resolutions, and we will pick up with number 28. Ladies and gentlemen, if you would llke to stay there is a proposed resolution, number 3~1, acting on the hearing that you just had, so if you are interested in knowing the results I would invite you to stay. 28.-Moved by Councilman Moore, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 20th day of August, 1996, a Local Law entlt[ed, "A Local Law in Relation to Speed Limits - Boats"' now, therefore, be it RESOLVED that the ' Town Board hereby sets 5:02 P.M., Tuesday, September 3, 199,6, South01d Town ttall, 53095 Main Road, Southold, New York, as time and.place for a public hearing on this Local Law, which reads as follows: . . A Local Law in .Relation to Speed Limits-Bqats BE IT .ENACTED. BY THE Town Board of the Town of Southold as follows: I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1. Section 32-31 is hereby amended by ~d_gl_j[!g the following: BOATS - Every vessel, rLcJ_u_d_jL~.g b__u_t~_L~gt_ liLu_iLe_d_L_o_Personal watercraft arid speci¢i_Jy_g/'gp, craj_t propelled in any manner. 2. Section 32-34 is hereby d_eJ_e_!._e_d in its entirely. 3. Section 32-35(C)(1) is hereby d_e_Let__e.~ in its entirety. 4. Section 32.36.3 is hereby amended by _a_d_diLig the following: I. No boat propelled other than _b_,(h_aDd shall cruise or be operat_e__d. within one hundred .(1__00) feet o[ a bathing, float or any lifelines delineatln.q a swi ~]mln.q area. 5. Section 32.36.3(F) is hereby LJ_e ! fl ! fl _d_ i~ ils entirety. AUGUST 20. 1996 6. Section 32.36 is hereby amended by adding the following new Subdivision C and relettering subsequent subseclions: C. No boat, as defined in section 32-31. pro_pelled oilier than by_ hand. shall ope. rate in excess of five (5) mil_es__per hour within five hundred (500) feet of any_ sl]oreline, nor shall such boat be o~eraLe_.d. in excess of five (5) hill_es oer hour W~!~ir] fi.f~y_ f__50_0_) fee_t_of any.o__e&s_gE bathin.q or sWimmin_g2_or an-~Ch_ored or mop_r_ed boat. 7. Section 32.38 is hereby amended by ¢._d_dj_ng the fdllowing: II. Nothing herein coniained shsII prohibit the ¥own Board of the Town of SoMhold from issui~g spec al permils ,..,y_i_tl_~r~_a~s_onable cor~ditio~s for aquatic events, boat races or ether such events under proper' supervision irt lirhited areas for limited periods. This Local Law shall take effect upon filing with the Secretary of State. Additions underlined. COUNCILMAN MOORE: What we're trying to do in this, you'll see it in the newspaper legal note, is address issues that have been raised about jet skis. This is a big issue. It has drawn a lot of attention to the Board, a lot of comment upon it, and we are 'trying to compress down a whole variety of conflicting, or confusing regulations in relation to speed on the waters near our shores. So, I' encourage you to check the legal notice when it comes out, and at the public hearing we're going to explain more fully what that is all about. Right now, we are iust setting the public hearing for the ne~t meeting. 28.-Vote of the Town Board; Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Moore, Justice Evans, Townsend, Councilwoman Hussle. 29.-Moved by Councilwoman Hussle, seconded by Councihnan Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the waiver of the tipping fee for debris being transported from the Fishers Island Metal Dump to the Southold Town Disposal Area, Cutchogue. 29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Councilman Townsend, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Southold Town P(~lice Advisory Committee to analyze Southold Town Police procedures and costs and 'make suggestions to management that would improve efficiency and effectiveness; and be it FURTHER" RESOLVED that the- Southold Town Police Advisory Committee shall consist of seven (7) member, s: Chief of Police Joseph Conway, Councilman William D. Moore, and five (5) members of the public, who will serve without compensation, for a period of one (1) year; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for resumes for the five (5) members from the public. COUNCILMAN TOWNSEND: Before this goes to vote I would like to comment. This follows a long process that has been golng on for a couple of years, and I think It's a step tn following up on the Committee for Local Taxes encourages us-to do, to look at the needs in the community, look at the way departments are being run, and try to change it the best way possible at the lowest cost possible, That's what the goal of this committee is. I think the Board is in agreement that we can do this. This is in no way an attack, or challenge the Police Department. What it is, is an attempt to make tt~eir job more interesting, actually, and also make it more cost effective. AUGUST 20. 1996 30. - Vote of the Town Board: Ayes: Councilwoman Oiiva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Moore, Justice Evans, Townsend, Councilwoman Hussie, 31.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town, Board of the Town of Southold hereby amends resolution no. 28, adopted on July 23, 1996, appointing Joseph S. Wysocki as a Police Officer, to change the effective date to September 10, 1996. 31 .- Vote of ;the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OliYa, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 32.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carlisle E. Cochran.as a Lieutenant on the Southold Town Police Department, from the Suffolk County Department of Civil Service Certification of Eligibles, effective August 21, 1996, at a base salary of $76,332.00 per annum. 32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussi'e. Abstain: Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I would like to just take a moment, and this is more or less a traditional thing that we do. We did it with our new Chief of Police. I would llke to first thank the Town Board for being fair in their judgement. Sergeant Cochran becoming Lieutenant, as you know he is my son. His father and I are proud of him on I~is accomplishment. He was number one on the list. He has earned this position, and he will do a fine job for the Town of SouthOld. So, if I may Lieutenant Cochran, would you please come forward, and your wife, Joan, would you please come forward, and your children, Abigail and Carhsle. It's traditional that a wlfe of Police Officer pins their promotion on the husband. Abigail, and your brother, Carlisle llke to give your dad his Lieutenant bar? Congratulations. 33.-Moved by Councilwoman Oliva, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 8th day of August, 1996, a Local Law entitled. "A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 30, Laws of 1996, of the Eligible Employees of the Town of Southold"; and WHEREAS, a public hearing was held on this Local Law on the 29th day of August, 1996, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 14 - 1996, which reads as follows; ' LOCAL LAW NO. 14 - 1996 A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 30, Laws of 1996, for the Eligible Employees of the Town of Southold BE IT ENACTED BY THE Town Boar'd of the Town of Southold as follows: Section 1. The Town of Southold hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 30, Laws of 1996. Section 2. The commencement date of the retirement incentive program shall be October 3, 1996. Section 3. The.open period during which eligible employees may retire and receive the additional retirement benefit, shall be ninety (90) days in length. Section 4. the actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum or in five (5) annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under the local law. Section 5. This act shall take effect August 20, 1996. -78 ^oousT 20. 1996 33.- Vote of the Town Board: Ayes: Councilwoman Ollva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Moore, Justice Evans, Townsend, Councilwoman Hussie. 34.-Moved by Councilwoman Hussle, seconded by Justice Evans, WilEREAS, there was presented to the Town Board of the Town of Southold, on the 8th day of August. 1996, a Local Law entitled, "A Local Law Requesting the New York State Legislature to Approve Leg~slat on Permitting a Binding Referendum on the Creation of Pecenlc County 'in the Towns of East Hampton, Riverhead. Shelter island, Southampton, and Southold and Requiring a Four Fifths Vote of ~the Town Board of the Town of Southold in Approving any Actions Relatlng to the Creation of Said County"; and WttEREAS. a public hearing was held on tl3is Local Law on the 20th day of August, 1996. at which time all interested persons were given an opportunity to be heard thereon; now. therefore, be it RESOLVED that the Town. Board hereby enacts Local Law No. 15 - 1996. which reads as follows: LOCAL LAW NO. 15 - 1996 A LOCAL LAW REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE LEGISLATION PERMITTING A BINDING REFERENDUM ON THE CREATION OF PECONIC COUNTY IN THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER ISLAND, S~THAMPTON, AND SOUTHOLD AND REQUIRING A FOUR FIFTHS VOTE OF.THE TOWN 'BOARD OF THE TOWN OF SOUTHOLD IN APPROVING ANY ACTIONS RELATING TO THE CREATION OF SAID COUNTY. BE IT ENACTED, by the Town Board of the Town of SouthoId, as follows: Section 1. Legislative Findings. [t [s hereby found by the Town Board of the Town of SouthoLd that the creation of a new county in tile State of New York ~.rom the Towns of East Hampton, Riverhead, Shelter Island, SouthamPton, and Southotd is an issued that has been Long discussed among the residents of these East End Towns. [t has Seen the ultimate goal to achieve the passage of state legislation which would create the new county, to be known as Peconic County, subject to the final, approval of the people of Lhese East End Towns through a binding referendum. To that end, a Financial Feasibility Study was completed in 1995 to investigate whether the creation] of Peconic County was financially feasible and to provide East End residents with the necessary information to make an ..... at,on of .the new county. Said informed decision on the ~ ' Study was funded thorough the joint efforts of_- the Stats of New York and the five East End Towns. The Study was completed · by an independent and objective municipal financial management-firm under the auspices of the East End Eco~zomic and Environmental Task Force~ Said Study concluded that not only was the creation] of Peconic County feasible, it was fiscally desirable. In summary, the study found that due to the strong second-home economy on the East End, the East End generates 14.4% of all Suffolk general fund tax revenues despite having only 8% of the year round population. Further, that because of this strong revenue .base and the level of services provided by Suffolk to the East End, each year East End residents pay about $20 million more in taxes than the cost o~ providing county services to the East End. The result Ls that the creation of Peconic County would result in a reduction in the County portion of the real property tax burden of over 50%. In addition, the study provided for a division that would be fair to the remainder of Suffolk County. While the tax savings to the East End would be substantial, bhe loss of tax revenue to Suffolk would represent only about 1.25% of all its total revenue. Further, Suffolk would be compensated for the East End's share of existing councy liabilities in.an amount equal to the East End's current tax contribution for such liabilities. Today, ?econic County's share of these liabilities would be about $75 million. addition, Suffolk would continue to share in the use of such assets as ~parks, open space, the jail and community Said Feasibility Study has beeil subject to intense public scrutiny over the last year, including numerous public hearings and intergover~m~ental reviews. The conclusions of the study have withstood such review. The Town of Southold now wishes to proceed with the next step towards the creation of Peconic County. Through this local law the Town Board of the Town of Southold hereby requests that the New York State Legislature adopt i~gisiation establishing a procedure by which Peconic County may be created, subject to final approval of the voters of the East End Towns. Further, ~his Town Board believes that the creation of the new county sh~ll require clear and convincing support from its constituent towns if it is to be successful. 'Po help insure that such clear and convincing support exists, it is also the purpose of this locai law to require that any action taken by the Town of Southold to advance the creation of PecOnic County must be approved by a four EifthS vote of the Town Board. It is understood that subjecting actions of the Town Board advancing the creation of Peconic County to a four fifths vote instead, of a simple majority will curtail the power of the Town 'Board under Section 23(2)(f) of the Municipal }fomle Rule Law, thereby subjecting this local taw to a manda~to~y referendum (See Comptrokler's Opinion 78- 735) . The Town Board wishes to subject this local to a referendum, not only to permit voters to decide' on the issue of requiring al four fifths vote of the Town Board on actions advancing the icreation of Peconic County, but also to allow voters to e~xp~ess their position on the Town's request that the State Legislature create Pecon~c county subject to the approval of v01ters of the East End in binding referendum. Finally, it is understood that Section 63 of the Town Law requires that actions of the Town to advance the creation of Peconic County be approved by only a simple majority of the Town Board. ?ursuant to Section 10(1)(d)(3) of the Municipal Home Rule Law, the To~n Board expressly supersedes the application of the Town Law in such instances. Section 2. Request for State Legislation~ The Town Board of the Town of Southold hereby requests that the New York State Legislature adopt legislation establishing a procedure under which the voters of the Towns of East Hampton, Riverhead, Shelter Island, .Southampton, and Southold, in a binding referendum, can decide the question of creating a new county, to be known 'as Peconic County, from the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold. Section 3. Four Fifths vo~e Required for Town Board Votes to Advance Peconic County. Actions by the Town Board of the Town of Southold which advance the creation of Peconic County shall require a four fifths vote of the Town Board. For the purposes of this section, "action" shall include any resolution which authorizes the appropriation of money, the institution of legal action, directs a Town officer or employee to take an action, or any other activity designed to advance the creation of Peconic County. Section 4. Form or Proposition. Pursuant to Section 23(2)(f) of the Municipal Home Rule Law, this local law curtails the powers of the Town Board requiring a mandatory r~ferendum. Therefore, the following proposition shall be submitted to the electors of the Town of Southold at the general election to be held November 5, 1996: AUGUST 20. 1996 "Shall LOCAL LAW NO. OF 1996, ENTITLED 'A LOCAL LAW REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE LEGISLATION PERMITTING A BINDING REFERENDUM ON THE CREATION OF PECONIC COUNTY IN THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER ISLAND, SOUTHAMPTON, AND SOUTHOLD, AND REQUIRING A FOUR FIFTHS VOTE OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD IN APPROVING ANY ACTIONS RELATING TO THE CREATION OF SAID COUNTY' be approved?" Section 5. SeverabilJty. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdlctlon to be invalid, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, of the qualified electors of the Town of Southold upon the .proposition. COUNCILMAN MOORE: I would like to make a comment before I vote. There is. an expreSSion, in the law that says, hard cases make bad law. What it means is you want to get somewhere, but there is no really good ratlona~ reasonable approach straight down th road that can get you there. The fear Js that 'the consequence you can end up with some pretty crazy results later on down the road. We have got a case invol~ing this process that concerned about, and talked abou~t. It is a hard case. It is a :n o.f the frustration of thirtY' :years, because of the wa uP in.Albany. I am not crazy .about the law. I don't think it's ~a good :law as the process goes, but it's born of frustration, and as fr.ustratlon I appreciate, and I recognize, because we can't' seem to make oi3e man :in Albar~y allow elected representatives to get a piece of legislation on the floor for a vote. That rule in.i~Albany makes no sense to me: ,. rul reel~ like saying, go change it. .However and if a binding then I vOte, yes, don't llke the law;; .bUt it. I vote, yes. ! apr Lion, ~n in one way give a sma!Il step t0ward 'getting ill mean something to Albany. down the road. recognizing I don~t Iikei. the I)~ocedure, I we can get a message to Albany, then we'll-do COUNCILWOMAN OLIVA: I would just llke to say I am looking forward to seeing a tremendous amount of information being brought to the people of the Town of Southold any way you can from small groups to 'large groups, and newspapers, because the less the people are informed I do not think you are going to get the advisory referendum answer that you want to get. COUNCILMAN TOWNSEND: I would like to comment also. a long time to wait for an issue to come to the people. difficult question, and it is ~(tape change) Thirty years is Yes, it 'is a SUPERVISOR COCHRAN: I would like to, just once again, say to Supervisor Sherman; and Fred, give the public all the information you possible can, and I will vote, yes, to make it unanimous. 34.- Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Moore, Justice Evans Townsend, Councilwoman Hussle SUPERVISOR COCHRAN: As the close of our meetings I usually ask for reports from the Town Board. I think I will forego that tonight, because it has been a long day. If there is anyone that would like to address the Town Board on any other topic now is the tlme for your input. Is there anything else. any other concerns, that you would llke to share with the Town Board we certainly are here to hear them. (No response.) If not. I will ask for a motion to adjourn. Moved by Councilwoman Hussle, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:00 P.M. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans. Councilwoman Oliva. Councilman Townsend, Councilwoman Hussie. Superv'isor Cochran. This resolution was duly ADOPTED. - · Ter Southold Town Clerk