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HomeMy WebLinkAboutTB-02/20/199735.5 SOUTNOLD TOWN BOARD FEBRUARY 20, 1997 EXECUTIVE SESSION 9:10 A-.M. 'On motion of Councilwoman Olivaf seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session to discuss PBA contract negotiations with negotiator Jamie Baker. Vote of the Board: Ayes: Councilman Moore (Deputy Supervisor), Councilwoman Hussie, Councilwoman Oliva, Justice Evans, Absent: Supervisor Cochran, Councilman Townsend. Also present: Town Clerk Terry, Town Attorney Dowd. 10:00 A.M. Building Inspector Gary Fish met with the Town Board to discuss attendance at a Building Officials conference (resolution 31)~ and orientation of the new Building Inspector Michael Verity.----The Town Board then proceeded to For Discussion items: Town Attorney Dowd and Councilwoman Oliva reported on the progress of Cablevision franchise negotiations with the five East End Towns. The goal for concluding negotiations will be June 20th, with public hearings and a signing in July; The Board expressed considerable interest in the establishment of a TV studio in one of the Southold Town schools, perhaps through an inter-school agreement. John Figliozzi, New York State Public Service Commission consultant, will be in~ited to meet with the Board at an upcoming work session.----A resolution (32) was placed on the agenda setting the price for sale of the "Register of Designated Landmarks" .----Memorandum from Solid Waste Coordinator Bunchuck suggesting the purchase of a Town bag vending machine. Councilwoman Hussie will discuss the proposal with Mr. Bunchuck.----Board set February 25th to interview candidates for Police Sergeant. ----Justice Evans presented a proposal from the Suffolk County Departments of Planning and Health for an addi.tion to the County Sanitary Code Article 4-Water supply to cover the regulation of the Fishers Island water supply. The rules would regulate underground and above ground storage of hazardous material, setbacks of sanitary systems to surface water bodies and phase out of underground storage tanks. The Board agreed the regulations should be enacted through the Town of Southold Zoning Code, and will schedule a public hearing at the August annual Town Board meeting on Fishers Island.---- Councilwoman Hussie asked the Board if they would be interested in going out to bid for the disposal of solid waste and possibly construction and demolition debris. She has information of the fact there are better prices being offePed th~n those now being paid by the Town. The Board authorized Councilwoman Hussie to refer this to the Solid Waste Task Force and make preparations to go to bid.----Applications for funding under the Southold Town Grants Program were reviewed. Inasmuch as there were so few applications, the requests will be held for the March 4th work session, and in the meantime the Town Clerk will send applications to the 1996 recipients who had not applied.----Reso utions (33 & 34) were placed on the agenda granting permission to Recreation Supervisor Reeves to attend a conference, and to authorize the expenses for same.----The Town Board members shared information they gathered at the recent Association of Towns conferences in New York.----Town Attor, ney Dowd discussed a letter from the Dickerson family with regard to the proposed subdivision of their property on Youngs Avenue, Southold, for which the development rights have been sold to the Town. She advised the Board that it will be necessary for Supervisor Cochran to execute a waiver of the deed requirements which restricts subdivisions for agricultural purposes only. A resolution will be drawn up for the March 4th Town Board meeting.----Councilwoman Hussie asked the Town Board to consider the purchase of PC Code Book, recently demonstrated by General Code Publishers Corp. The Town Board members and Town Attorney Dowd agreed this would be an important tool, and a resolution (35) was placed on the agenda for a budget modification to provide for the payment of same, 11:35 A.M. - The Town Board reviewed the resoiuLions to be voted on at the 4:30 P.M. Regular Meeting. EXECUTIVE SESSION 11:55 A.M. On motion of Councilwoman Oliva,. seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session to discuss employment history-. Vote of the Board: Ayes: Councilman Moore, Councilwoman Hussie, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd. 12:45 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on February 20, 1997, at .the Southold Town Hall, Ma in Road, Southold, New York. Deputy Supervisor Moore opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Councilman William D. Moore (Deputy Supervisor) Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry 'Town Attorney Laury L. Dowd Absent: Supervisor Jean W. Cochran Councilman Joseph L. Townsend, Jr. COUNCILMAN MOORE: May we have a motion for the approval of the audit of bills of February 20, 19977 Mowed by Councilwoman Ollva, seconded by councilwoman Hussle, it was RESOLVED: that the followin~l bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $129,926.57; General Fund Part Town bills in the amount of $8,187.69; Highway Fund Whole Town bills in the amount of $2[~, 779.18; Highway Fund Part Town bills in the amount of $20,365.75; Ag Land Development Rights bills in the amount of $41.00; Employee Health Benefit Plan bills in the amount of $39,344.61; Fishers Island Ferry District bills in the amount of $85..734.27; Refuse and Garbage District bills in the amount of $70, 058 . 64; Southold Wastewater District bills in the amount of $8,786.05; Fishers Island Sewer District bills in the amount of $764.21; Fishers Island Ferry District bills in the amount of $183,97. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILMAN MOORE: A motion for the approval of the minutes of February 4, 1997 Town Board meeting? Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the February 4, 1997, Town ~ be and hereby are approved. Vote~ of' the Town Board: Ayes: Councilman Moore, Justice Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. Board Evans, COUNCILMAN MOORE: A motion for approval of the minutes of February 6, 1997. FEBRUARY 20, 1997 35~ Moved. by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the February 6, 1997, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oli~a, Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILMAN MOORE: A resolution setting our next Board meeting. Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the next Regular Meeting of the Southold Town Board, will be held at 7:30 P.M., Tuesday, March 4, 1997, at the S0uthold Town Hall, Southold, New York. Vote -of the Town Board: Ayes: Councilman .Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILMAN MOORE: It's my pleasure to sit in for Jean, who is not here today, and we are reduced numbers, so we will just keep right on moving. I. REPORTS. COUNCILMAN MOORE: Reports are as shown on your agenda, and copies can be found in the Town Clerk's Office. 1. Southold Town Animal Shelter Monthly Report for January, 1997. 2. Lawrence Healthcare Town Claim Analysis Monthly Report for January, 1997. 3. Lawrence Healthcare PBA Claim Analysis Monthly Report for January, 1997. 4. Southold Town Justice Bruer's Monthly Court Report for January, 1997. 5. Southold Town'Trustees Monthly Report for January, 1997. 6. Southold Town Community Development Monthly Report for December, 1996. 7. Southold Town Community Development Monthly Report for January, 1997. 8. Fishers Island Garbage and Refuse District Report for Fiscal Year 1996. 9. Southold Town Police Department and Juvenile Aid Bureau Report for January, 1997. 10. Southold Town Justice Evans' Monthly Court Report for January, 1997. 11. .Southold Town Justice Bruer's Monthly Court Report for January, 1997. I!. PUBLIC NOTICES. COUNCILMA;N MOORE: Public Notices and Communications are listed in the agenda. 1. U. S. Corp of Army Engineers, New York District, application of Reydon Shores Property Owners to dredge with ten years maintenance and upland disposal, and install floats in Southold Bay, Shelter Island Sound, Southoid, New York. Written comments to be received by March lt~, · 1997. III. COMMUNICATIONS. 1. Thomas F. Oelerich, Acting Regional Traffic Engineer, New York State Department of Transportation in regard to the safety concerns at Route 25 at Love Lane in Mattltuck. 2. Courtney T. Burns, Director of Oysterponds Historical Society Museum in appreciation of Supervisor Cochran'~ interest in Southold's history. 3. Eastern Long Island Quilter's Guild, Inc. extending a thank you to the Town for supporting their group with a donation to the Tasker Park playground. Suffolk County Executive Robert J. Gaffney requesting a Town Flag for displaying. 5. Bernadette Castro, Commissioner and State Historic Preservation Officer, New York State office of Parks, Recreation and Historical Preservation in regard to Fort Corchaug. 6. Mary Raynor, Coordinator of Loaves and Fishes Program with appreciation for the Crant they obtained from the Town. IV. PUBLIC HEARINGS. 1. 5:00 P.M. on Acquisition of a Payloader for the Southold Solid Waste Management District, pursuant to Section 202-b of the Town Law. V. RESOLUTIONS. COUNCILMAN MOORE: We had a rather quick Work Session thls morning, and so we can move right now to resolutions. If there is any comment that anyone would like to make on resolutions, now is the time to get up and make your comments.' (No response.) Seeing no one interested tn making comments on the resolution, let's begin. I.-Moved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between the County of Suffolk, acting through its duly constituted Office of the County Executive/STOP-DWI Program and the Town of Southold for the 1997 STOP-DWI funding for enforcement activities of Town of Southold police personnel, effective January 1, 1997 through December 31, 1997, at a total contract amount of $19,000.00; said agreement all In accordance with the approval of the Town Attorney. 1.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussle. Thls resolution was duly ADOPTED. -2.-Moved by Justlce Evans, seconded by Councilwoman Ollva, it was RESOLVED that the Town of the Town of Southold hereby designates Councilman William D.. Moore as the Southold liaison to the America Sall 't98 Committee. 2. - Vote of tl~e Town Board: A yes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. 3.~ Moved by Justice Evans, seconded by Councilwoman Hussle, it was RESOLVED that the Town. Board of the Town of Southold hereby grants permission to the Southold Village Merchants Croup to use the Municipal Parking Field on the south side of NYS Route 25, Southold, for their 2nd Annual Craft Fair, on Saturday, May 2it, 1997, from 6:00 A.M. to 6:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southoid as an additional insured. 3.- Vote of the Town Board: Ayes: Councilman Moore, Justlc~ Evans, COuncilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. 4.-Moved by Couni:ilwoman Hussle, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold has terminated the services of Enterprise Packaging Corporation for supplying the Town of Southold with Yellow Plastic Garbage Bags for Calendar Year 1997 because they were in default of the specifications and failed: to provide the bags as required; now, therefore, be it RESOLVED that the Town Board hereby awards the bld for providing Yellow Plastic Carbage Bags for the remainder of calendar year 1997 to Central Poly 'Corporation, Linden, New Jersey, all in accordance with their bid opened on November 7, 1996, and the Town's bid specifications. 4.- Vote of the .Town Board: Ayes: Councilman Moore, Justice Evans, COuncilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. FEBRUARY 20, 1997 ~'~'~-; 5.-Moved by Councilwoman Oliva, seconded by' Justice Evans; It was RESOEVt~D that the Town Board of the Town of Southold hereby modlfles the General FUnd Whole Town 1996 budget to provide for overexpended Landmark Preservation Commission lines: A.752~0.1.200.10~. A,7520.4.100. I00 3,7520.4.400.300 From: A,7520.4.100.150 A.7520.4.600.I00 Landmark P~eservation Commission, P.S. Part Time Re~ula~ Landmarks Preservation CommJsslon, C.E. Off[ce Supplies & Materials Lalldmnrks Preservation Commission, C.E. Printing & Engraving Landmarks Preservation Commission. C.E. Prepfinted Forms Landmaxks Preservatibn Commission, C.E. Restoration Assistance 745.00 40,00 765.00 250.00 1000.00 A.7520.4.600.200 Landm,nrkS Preservation C.ommission, C~E. Meet~ & Seminnrs 5.- Vote of the Town Board: Ayes: Councilman COuncilwoman Oliva, Councilwoman Hussie. This resolutlon was duly ADOPTED. 300.00 Moore, Justice Evans, Lisa Baglivi (Watercolor) ....................................................................... Carol Benson (Country Western Line Dancing) ................................... Barbara Blogsey-Chuvalas (Basketmaking) ........................................ Thomas Boucher ~Guitar Lessons) ..................................................... Marie Christine-Cardalena (Interior Design) ........................................ Eugenta Cherouski (International Folk Dancing) .................................. George Constahtinidis (Smoking. Weigh[ Loss) ................................... George Constantinidis (Freelance Writing) ......................................... Shirley Darling (Tennis) ........................................................................ Dreaml{ke Marionette Company (Puppet Show) .................................... Lauren Egan (Adult CPR) ..................................................................... (Pediatric CPR) ........................................................... (Heartsaver) .................................................................. East End Insurance Services (Defensive Driving) ............................... Bob Fisher (Computers) ...................................................................... Dan Gebbia (Dog Obedience} .................. . .......................................... Dalia Gorman (Yoga) ........................................................................... · Annelore Gstattenbauer (Cooking) ....................................................... ' David Haurus (Golf) ............................................................................ Hidden Lake Farms (Horseback Riding) ............................................. Eleonora Kopek (Arts & Crafts) .......................................................... Mattituck Lanes (Bowling) ..................................................................... Jim Mikelbank (Youth Basketball) ...................................................... : Mary Mulcahy (Horseback) .................................................................. Basil Northam (Adventures on the North Fork) ................................... Mar/ha Prince (Step Aerobics)..; ......................................................... Riverside Gymnastics (Gymnastigs) ................................................... -Jeanne Ruland (Body Sculpting/Aerobics) .......................................... Cynthia Sturner (Ballet) ....................................................................... YMCA of Long Island (Parent/Toddler Program) ................................ Chris Vedder (Golf] ............................................................................ $25/hour $30/hour $20/hour $20/hour $20/hour $18/hour $12/person $171person $20/class $350/show $50/person $35/person $30/person $35/person $25thour $45/dog $25/hour $20thour $37.50tperson $1 ;~5/person $24/class $32/person $20/hour $165/person $20/hour $20/hour $50/person $25/hour $20/hour $25/parent $37.50/person 6. -Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilwoman Hussle. This resolution was duly ADOPTED. Moore, Justice Evans, 6.-Moved by Councilwoman Ollva, seconded by Councilwoman Hussle, It was RESOLVED that the Town Board or the Town of Southold hereby authorizes and direCts Supervisor Jean W. Cochran to execute agreements with the following Individuals for the Spring 1997 Recreation Programs, all in accordance with the approval of the Town Attorney: FEBRUARY 20, 1997 7.-Moved by Councilwoman OtiS/a, seconded by CounclJwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Mulligan, Lynn Carlson and Walter Oalpa to the Southotd Town Substance Abuse Committee, effective Immediately through October 2q, 1997, they to serve without compensation. 7.'Vote of the Town B6ard: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman,Hussie. This resolution was duly ADOPTED. 8.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby' modifies the 1997 General Fund Whole Town Budget to appropriate donated funds to the new Tasker Park Tot Playground: Revenues: A.2705.70 Gifts and Donations Tasker Park Donations Appropriations: A, 7110.2.500,800 Parks and Equipment Tasker Park Playgrounds 8.-Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilwoman Ftussie. This resolution was duly ADOPTED. $q200.00 $~200.00 Moore, Justice Evans, 9.-Moved by CouncilWoman Oliva, seconded by Councilman Moore, it was -RESOLVED that the Town Board of the Town of Southold hereby modifies the 1997 General Fund Whole town Budget to provide for the purchase of a boat trailer for the Bay Constable, as follows: To; A.3130.2.~00.200 Bay Constable, Equipment $1000.00 Boat Trailer From: A.1990.t~.100.100 Contingent Unallocated Contingencies A.3130.1~.~,00.650 Bay Constable, C.E. Vehicle Maintenance/Repairs 9.-Vote of the' Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. $ 500.00 $ 500.00 Justice ,Evans, 10.-Moved by Councilwoman Hussle, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Conway as Chief of the Southold Town Police Department, from the SuffOlk County Department of Civil Service Certification of Eligibles List, effective February q, 1997. 10,-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussle. This resolution was duly ADOPTED. 11 .'-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 1996 Budget as follows: To .' ~-. 3610.1. 200.100 From: B.3610.1.100.100 Building Department. P.S. Regular Full Time Earnings $ 1,~00.00 1.1 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans Building Department, P.S. Regular Part Time Earnings Councilwoman Oliva, Councilwoman Hussle. This resolution was duly ADOPTED. $ 1,~00.00 Resolution #12, amending resolution to extend leave of absence for Building Department Clerk-Typist Claire Toy, was put on hold. 13.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies "the 1996 Southold Wastewater Disposal District budget to cover overdrawn line items: To; $S1.1320.4.000.000 Ind. Auditing & Aozoun6ng $ 1,000.00 $,.51.8130.1.100.100 Full Time R~egnlnr EarIliIl~ 20~00.00 SS1.8130.4.100.IZ5 ~llnn~-~3u.~ Supples l t0.00 SS1~8130.4.200.100 Tdephone 25.00 SS1.$130.4.200.2o0 Light & Power 1,025.00 $S1.8130.4.400.100 xFfllage Land Lea~ 6.000.00 SSl.8130.4.400J200 V=~]agc plnnt ~fious 13~25.00 SSl.g130.4.400.800 Slud~ P~oval 74,500.00 $SI.9010.g.000.000 NY$ I~t~cu~t 450.00 ~1~9030.8:000,000 Social Secttdty 1,300.00 SS 1.9055.8.0002000 CSF-~ Benefit Fu~ct 250,00 ~t_990129.000.000 Trn,~ffea~ to l-Ieat~ Plan l,g00.00 S$1.g130.4.500.900 Unallocated S 119,g85.00 13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilwoman Hussle. This resolution was duly ADOPTED. 14.-Moved by Justice Evans,' seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 1996 Fishers Island Sewer District budget to cover overdrawn line Items: to... SS2.5990.00 Ap!~priamd Fund Balance $ 3,300.00 Apvrovriatlons: SS2.8160.4.000.000 Sc"wag~ Tre~tmen~ Conwact~l ~ S 3,300.00 1 4.-Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. Moore, Justice Evans, 15.-Moved by Councilwoman Oliva, seconded by Councilman Moore, It was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1996 budget to cover overdrawn line items in the Town Clerk's budget: To: A.l[tlO. 1.100.100 From: A.1~10.f. 200.100 Town Clerk. P.S. Full Time Regular Earnings 20. O0 Councilwoman Oliva, Councilwoman Hussie. - This resolution was duly ADOPTED. 16.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board Of the Town of Southold hereby modifies the Solid Waste Management District 1996 budget to cover overdrawn line items: l~-venues:. To; $R.2130.00 Appropriations: To; SR.8160.4.100.200 SR.8160.4.100.600 SR.8160.4.100.650 SR.8160.4.400.805 $R.8160.4.4OO.810 SR.8160.4.~00.300 Garbag~ Removal' & Disposal Charges Diesel Fuel $170.47 bfi~ Equipment Mninteuauce/Supp[ies 76.21 Garbage Bags 1. I0 MSW Removal 74,733.45 C & D Removal 52,966.64 Equipment Lease - Whole Town .14 551,715.34 Town Clerk. P.S. Part Time Overtime Earnings $20.00 15.-Vote of the Town Board: Ayes: Councilman Moore. Justlce Evans· SR. 1490.LI00.100 AdmlnNLtafiOtL Re~dnr ~in~ 92&82 ~81~.1. I~.i00 ~ ~ ~age, Re~ ~ 26.288.01 ~8160. i. i00~00 ~ & ~ ~e ~n~ 2,301.79 S~8160.4.1~.5~ Motor Ve~cle Gl~s 3.43 ~81~.4.1~,575 M~inffS~-~ S~der L314.54 ~81~.4.1~Z~ M~int-Fo~ Tmmr 2,162.74 ~81~,4,1~.590 M, int-~ Tm~or 523.89 ~8160.42~ W~ 58.63 ~gl~.4.~.l~ ~g 7,681.98 ~gI~.4.~.6~ T~ ~ 210.00 ~81~.4.~.820 ~e ~ling 47.~ ~81~.4.~0.~ ~a~ W~e ~ 4,324.58 ~8160.4.~2~ M~ & $~ina~ 142.5I ~81~.4.~3~ T~ ~~t 826.13 ~30.8.~ S~ S~ 2,~2.80 ~9o5o.8.~ ~t~ ~ 5,~o.~ 16.-Vote of the Town Board: Ayes: CouncHmau Moore, Justice Gouncllw~an Ollvn, Councilman Townsend, Councilwoman Supervisor Gochrnn. This resolution was duly ADOPTED. Evans, Hussie, 17.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southotd hereby modifies the 1996 Highway Fund Whole Town budget to cover an overexpended ilne item: To: DA.9901.9.000.100 Transfers to Capital Fund $ 11.00 From: DA.9901.9.000.00 Transfers to Health Plan $ 11.00 17.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councllwoman~Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. 18.-Moved by Councilwoman Hussle, seconded by Councilwoman Ollva, it was RESOLVED that ~he Town Board of the Town of Southold hereby modifies the General Fbnd Whole Town 1996 budget to cover overdrawn Building F~ Grounds line Items: To.' A. 1620.4.100.100 Build{riSs ~: Grounds. C.E. ML~ll,neoos Supplie~ $ I0.00 A. i620.4.100.5:50 Bu~d{n~ & Gm,rods. C.E. Ec[aipment Parts & Suppli~ 600.00 1620.4.400.700 ]SXIi{d{ngs & Oro,md% C.E. Bui]ding ReutnJs 500.00 ~1990.4.i00.100 Confi. geut U~mllocated Contingencies 18 .-Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilwoman Huss|e. This resolution was duly ADOPTED. ~ l,i 10.00 Moore, Justice Evans, 19.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1996 budget to over overdrawn Programs for the Aging line items: To: A.6772.Lt.100.150 A.672.Lt.100.200 A.6772.Lt.100.300 From: A. 6772. Lt. Lt00.600 19.-Vote of the Town Programs for The Aging, C.E. Disposables Programs for The Aging, C.E. Gasoline ~ Oil Programs for The Aging, C.E. Travel Reimbursement Programs for The Aging, C.E. Equipment Maintenance E~ Repairs Board:. Ayes: Councilman Moore, Councilwoman Ollva, Councilwoman Hussie. This resolution was duly ADOPTED. $ Lt00.00 175.00 25.00 600.00 Justice Evans, 20.-Moved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1996 budget to cover various overdrawn Justice Court line Items: To A.1110.1.100.100 A.1110.1.200.100 A.1110,Lt.200.100 A.1110.Lt.600.200 From: A.1110.1.100.200 A.1110.2'.200.500 Justices, P.S. Full Time Regular Earnings $ 7[;0.00 Justices, P.S. Part Time Regular Earnings 1,750.00 Justice, C.E. Office Supplies/Stationary Lt00.00 Justices, C.E. Water 5.00 Justices, C.E. Travel Reimbursement Justice 275.00 Justices, P.S. Full Time Overtime Earnings Justices, Equipment Copy Machine 20. -Vote of the Town Board: Ayes: Councilman Councilwoman Ollva, Councilwoman Hussle. This resolution was duly ADOPTED. $ 2.800.00 380.00 Moore, Justice Evans, Appraisals Meetings & Seminars Legal Counsel $ 1,816.75 Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussle. This resolution was duly ADOPTED. $ 1,450.00 366.75 22.-Moved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold aathor|zes the modifications of the 1996 Fishers Island Ferry budget to balance overdrawn expenditure line items: To: hereby District SM5610.4 Elizabeth Airport, Contractual Expenses $ 14,561.37 SM5710.1 Ferry Operations, Personal Services 14,105.02 SM5710.2 Ferry, Repairs, Equipment '° 8,803.43 SM5710.z~ Ferry Operations, Contractual Expenses 5,200.92 SM7155.4 Theatre, Contractual Expenses 6,895.00 SM9060.8 Hospital & Medical Benefits 158.36 SM9710.6 Serial Bond Principal .40 $ 49,823.50 Assessor's budget: From: A1356. Lt. 500. 200 A1355. Lt. 600.200 To: A1355.Lt. 500. 100 21.-Vote of the Town 21.-Moved by Councilwoman Hussle, seconded by Councilwoman Oliva, It was RESOLVED that-the Town Board of the 'Town of Southold hereby modifies the General ' Fund Whole Town 1996 budget to cover line items In the From: SM1420.4 Attorney Fees, Contractual Expenses $ 5,000.00 SM1910.4 Insurance, Contractual Expenses 27,517.72 SM1930.4 Insurance Claims, Contractual Expenses t,650.35 SM19S0.4 Property Tax 862.26 SM5708.2 Terminal Project, Equipment 6,353.94 SM5709.2 Dock Repairs, Equipment 8,q39.23 22.-Vote of the Town Board: Ayes: Councilman Councilwoman Oliva~' Councilwoman Hussie. This resolution was duly ADOPTED. Moore, $ 49,823.50 Justice Evans, 23.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town of the Town of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc. to pay the medial claim submitted by Stony Brook Ophthalmology for Judith Terry, which claim was submitted more than 90 days after the date of Service. 23.-Vote of the Town Board: Ayes: Councilman Moore, Justice EvanS, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. 24.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief of Police Joseph Conway and Lieutenant Carlisle Cochran to attend a one day seminar concerning disability claims, on Thursday, May 8, 1997, from 9:00 A.M. to 4:00 P.M., at Hauppauge, New York, and the $215.00 registration fee per person,-and necessary expenses for lunch and travel, shall be a legal charge to the Police Department's 1997 budget. 24. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. 25.~Moved by Councilwoman Olive, seconded by The Entire Town Board, WHEREASr the Southold Town Graffiti and Vandalism Committee will be hosting a series of hamlet meetings for the purpose of instilling community pride within the hamlets of Southold Town; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares 1997 as Community Pride Year in the Town of Southold. 25. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILMAN MOORE: We will have the dates of those meeting shortly. 26.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors, Inc., in the amount of $2[~, 293. 00, for supplying the Southold Town Highway Department with one (1) 1997 Dodge W-2500 I~X4 Regular Cap Pick-Up with Snow Plow, all in accordance with the bid specifications. 26.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. 27.-Moved by Councilwoman Oliva, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of the Town of Southold, on the qth day of-February. 1997, a Local Law entitled, "A Local law in Relation to Merger"; 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 8:00 P.M., March 4, 1997, Southold Town Hall, 53095 Main Road. Southold, New York, as time and place for a public hearing on this Local law, which reads as follow: A Local Law in Relation to Merger BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-25 (Merger) is amended as follows: -C. Exceptions. Lots which'are recognized under §100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter:. (4) If the lot is on the maps described in for~ner §100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997 to date, or (5) Each lot is currently developed with a one family dwellinq with a minimum ei.qht hundred fifty feet (850') which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one, D. Proof of merger. The town may shall require a person seeking determination of merger to provide any or all of the following documents for evaluation: ~... (1) Proof of the date when the lot was created and the size of the lot, .together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax map and survey of the lot. (3) A copy of the original survey of the lot. (4) A title search showing single and separate ownership of the properly from July 1; 1983, to the present time prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars ($25,000.) of insurance. (5) Other additional information or documentation as may be - deemed necessary. r · IT ' t II his Local Law shall take effec upon filing with the Secretary of ,State. * Underline represents additions St~ 27. -Vote Counc This 28. - Mo vec WriER 'South, Local WHER Board and r RESOI q-, 19! and p lkethrough represents deletions of the Town Board: Ayes: Councilman ilwoman Ol|va, Councilwoman Hussie. 'esolutlon was duly ADOPTED. Moore, Justice Evans, by Councilwoman Oliva, seconded by Councilman Moore, :AS, there was presented to the Town Board of tt3e Town of )Id, on the ~tth day of February, 1997, a Local Law entitled, 'A Law in Relation to Nonconforming Lots"; and EAS, this Local Law was referred to the 5outhold Town Planning and the Suffolk County Department of Planning for recommendations .,ports; now; therefore, be it .VED that the Town Board hereby sets 8:02 P.M., Tuesday, March ~7, Southold Town Hall, 53095 Main Road, Southold, New York, as time lace .for a publlc hearlng on this Local Law, which reads as follows: A Local Law in Relation to Nonconforming Lots BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold ts hereby amended as follows: 1. Sectior~ 100-24~t (Nonconforming lots) is amended as follows: B. Such lot shall be required to meet the following: ATe Ya~ (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 200,000 to 5% 60 30 O.._Q t00 399,999 120.000 to 10% . 75 60 30 60 85 199,999 80,000 to -15~o 20% 60 30 2__~0 60 4~5 119,999 '!, 00,000 !~ ~ 0% 75 -30 60 86 ~0,000 *.~ 4-5-% 60 30 60 8,5 ~.0,000 ~0,~00 to 2o% ~0 ~ 2o 45 75 79,999 40,000 t~. ;~o% 5_Q0 2o 4o ~0 59.909 20,000 to 20% 40 15 35 50 39,999 Less than 20% 35 4,5- 10 25 35 20.000 II. This Local Law shall take effect upon filing with the Secretary of State. * Strikethrough represents deletions Underline represents additions 28.-Vote of the Town Board: Ayes: Councilman Moore, Justice Councilwoman Oliva, Councilwoman Hussle. This resolution was duly ADOPTED. Evans, 29.-Moved by Councilwoman Hussie, seconded by Councilwoman Oli~,a, tt was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 33, adopted on February 4, 1997, by changing the effective date of the appointment of Building Inspector Michael Verity from February 18, 1997 to February 2~,, 1997. 29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussle. This resolution was duly ADOPTED. 30.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was i~ESOLVED that the Town Board of the Town of Southotd hereby transfers Clerk Typist Patricia Conklln from the Board of Appeals office to the Building Department office, effective February 13, 1997. 30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, COuncilwoman Oliva,. Councilwoman Hussle. This resolution was duly ADOPTED. FEBRUARY 20, 1997 31 .-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 1, adopted on February ir, 1997, by designating Gary Fish and John Boufis as the two BuUding Inspectors to attend the Finger Lakes Building Officials Association Conference at Rochester, New .York, in March. 1997. Ayes: Councilman Moore, Justice Evans, Co~ ~ncilwoman Hussie. This resolution was duly ADOPTED. 32.-Moved bY Councilwoman Ollva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby sets a price' of $8,.00 (plus tax) for the Landmark Preservation Commission's new bOok, "Register of Designated Landmarks", and a Price of $6,00 (plus tax - if re~quire~l) for the sale of ten (10) or more Copies to book stores or museums. COUNCILWOMAN OLIVA: I highly recommend the book. It's very good. 32.-Vote of the, Town Board: Ayes: Councilman Coun¢ilwomah,Ollva;: Councilwoman Hussie. This resolution was duly ADOPTED. Moore, Justice Evans, 33.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESO. LVED that the Town Board of the Town of Southold hereby grants permission to Recreation SUpervisor Kenneth Reeves to attend the 57th Annual New York State Recreation and Park Society conference to be held fro.m M ~ 3~ /~, 5, 6, 7, 1997 at the Lake Placid Hilton. and the L$123.00 reglstri ion fee, and necessary expenses for meals, lodging, regis~ratlon, se~in~ar and transportation using a town vehicle, shall be a.legal charge to A7020.t 600.i200, Recreation Administration, Meetings and Seminars. ToWn .' Ayes: Councilman Moore, Justice Evans, Hussie. This re tion was =duly ADOPTED. 34.-Moved b,~y COuncilwoman Oliva, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes advance fee checks in the amounts of $123.00 payable to the New York State Recreation and Park Society and $366.99 payable to the Lake Placid Con~ention and Visitors Bureau to enable Recreation Supervisor Ker ;yes to attend the 57th Annual New York State Recreation and Park t¥ conference to be held from may 3, u~, 5, 6, 1997, at the Lake Pla rges to be made to A7020. ~. 600. 200, Recreation Admini; ngs and Seminars. -~ rd: Ayes: Councilman Moore, Justice Evans, CouncilWoman Hussie. This re~olution was duly ADOPTED. ° e 35.-Moved ;by Just,ce .Evans, second d by Councilwoman Oliva, it was RESOLV~ED that the Town Board of the Town of Southold hereby modifies the Ceneral Fund Whole Town 1997 Budget to provide for the purchase of PC Cod~ Book: Te; ~-~1680.2./~00.520 Central Data Processing, Capital Outlay PC Software From A. 1990.1t. 100. 100 Contingent Unallocated Contingencies 35. -Vote of the Town Boa rd: Ayes: Councilman Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. $ ~,600.00 $ ~,,600.00 Moore, Justice Evans, 36.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southoid hereby appoints Andrew K. Lutkowski as a Custodial Worker I, effective March 10, 1997, at a salary of $25,002.26 per annum. 36.-Vote ~f the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This reSolution was duly ADOPTED. '3'68 FEBRUARY 20, 1997 COUNCILMAN MOORE: If anyone out there has a comment to make to the Board, now is the perfectly good time to do it. At 5:00 o'clock we have a public hearing, so we will adjourn to do that, and we will pick up from there. Any comment from anyone in the public? Mr. Carlln? FRANK CARLIN: Good evening, ladies and gentlemen. I don't want you to think that ! disappeared, and forgot about the Board, but like I said, my submarine wasnJt ready, my torpedoes wasn't ready~ but they are ready. But, I'm not going to use them tonight. I'm going to do what they call a shakedown cruise. I~m not here to criticize the Board, but I am here to review something, some facts, i was in McDonald's one night. It was around this time, and this lady came in with a little girl, ~got her order of food. Then she walked out, holding the glrl's handr and the food with the other, hand, and walked over to the car. When she got to the car, now what happens? She's got one girl pulling her hand. She! has the food in the ether hand.. Now, she is looking for her keys, but she can't because her hands are occupied. So, she lets go of the little girl's hand, puts the food on top of the roof, goes in her pocketbook, and opens the door. I said to myself, there must be a better way to doing this. Luck would have it there was no wind. It would have blown the food all off the top of the roof. It's amazing how in this town all our banks have drlve-throughs. In fact, we have three of them right in Mattituck, one right by the Hess station, and there is two in fact in the shopping sites. One on the west side, and one on the east side. If you ever go to Cutchogue, we have two. We have one in the shopping center, King Kullen shopping center. As you go to Southeld you have more, and Greenport. It's amazing how we have so many drlve-throughs, and yet such an issue was made of it, was made in the past, prqbabl¥ wild be ~made now, Why we can't have one in McDonalds. Well, you got to review that through the five year.s, that this went on, and incidentally it. by the. NFEC today in that letter in today's Suffolk 3;lines it out for five years. It shouldn't have been drawn out for five y~ears original decision on McDonald's, but what was he:ppening ~was, was made out of a molehill. All those negative issues,: that through the five years, the public hearings, smoke,, envlr headlights, garbage. All those negative issues, they are immature. I one of the nicest facilities in all of Southold Town. i said, erie of .nicest in Southold Town. That owner, and I know he Ps a beck of mar~, they. bent over backwards to make that look like it did, to the Board, to satisfy the people. They spend a lot of money on land.~ there to make it 1oo1< the way it is. It's really nice. He wasn't month, and he donated a $2,000 check to the Laurel School. He Matt[tuck Fire Department to give fire safety classes to the children 3ere. They do so much. World-wide, let's not forget Ronald .McDonald )use. They do so much for the sick children, and the poor children, homeless children. They do so much for everybody, and yet makes a big issue about a drive-through there. Let's use a now. You drive in, you go up to the counter, take your food, and out.', and you get in your car. You are driving in and out. The is, you are not getting out of your car. There's no difference, is there? Logic here, driving in, think about it, you re d~Jvlng in, you gettingl yoUr food, but you are walking out, and you are getting in your car. TH~; only difference is you don't have to get out of your ca~, which is convenient for a lot of senior citizens, and o der people, who in the wintertime, 0r the weather, find it dlfficu t to get out of a car. It wou d be a ~ot easier for them to purchase their food. It's amazing. It was said, well, we put in the Zoning Code in ~95, I believe it was '95. There will be no fast food drive-throughs, but Zoning Codes are made to be amended. I~m sure they have been amended in the past in this town. That should be no problem. What I~m saying is, it seems to me we have a double standard in this' town. All the drive-throughs are allowed in banks. When one fast food restaurant wants to have a drive-through, that is taboo, lit doesn't mean the end of the world, that you have a drive-through. It will be convenient for a lot of people. Let's not worry about ever having to see a lot of other fast food restaurants coming into Southold Town, like B~rger -King, Roy Rogers. Southold can support another fast food restaurant. We got one, I think we should be happy with it. We can't support it. Let's not get carried away with it. ! think that McDonalds in the last eighteen months was also on a shakedown cruise, and I think everything went '.fine. I think everything turned out to be not the way we thought it was going to be. it turned out to be fairly good. No problem. I think they deserve to wha' U use sense. on anything, but you must use all three. You can't be one sided. you. have an opportunity to go to the next stage, and be issued a drive-through window. It's not the end of the world for Southold Town. It's unbelievable, i want to square something away here once and for all. I read today in that article, that was put in by NFEC in The Suffolk Times letter today in the paper, 73.5% of the survey two years ago saying that people were against having restaurant to start with unless we use some facts here. When the Stewardship Task Force sent out resumes, they sent out 6,000 of them~ and I can prove right here in this issue of the Mattituck Watchman on January 22, 1994. They sent out 6,000 resumes, and very strange to a chosen area. They got back 800 of them, 13%. You got to remember 800, and you have over 21,000 people in this town, so how can you come up with a accurate count of what the people want using those kind of fIgures of 800. I fig re that to be about one out of every 25 surveyedl ~iien: It's inaccurate, so let's not say that's 73%, which is actually according to this paper it was 55% on that specific poll. It was only one third of the people in Southold Town, so how can you make a poll and say..and they keep say, we. Who's we? Unbelievable. That caught my eye today. I couldn't let that go by. Eight hundred out of 6,000 returned their reply, and they call that an active poll. I don't call it an active poll at all. I call an active poll, let all the people vote get everybody's opinion. That's a fair poll, not 15%. You dragged it out for five years. I just hope this isn't goi;ng to be one of those dragged out for a mountain out of a molehill. First thing it never should have out for five years. Time will tell. We'll have to see. Think saying. This is all my three step formula that I'm always set to it the past two timels there. A lot of things do, .when you ~ula of mine, a lot of decisions you can make, logic, common You use those three you come out with a pretty accurate decision Thank COUNCILWOMAN HUSSIE: Resolution #25 declared 1997 as Community Pride Year in the Town of Southold, and more specifically March is Community Pride Month. This is an effort to keep Southold beautiful, as beautiful as it is, and in deed, make it even more beautiful, if that is possible. Towards that end there are a number of hamlet meetings scheduled. They are going to go from east to west, so kind of zero in on when your particular hamlet is having this meeting, and please, try to attend. On Monday March 3rd it will be at the Oysterponds School. On Thursday March 7th in East Marion at the Fire House. On Monday March 10th at the Greenport School. At the Southold School on Wednesday, March 12th. On Monday~ March 2ttth, Cutchogue East School. Wednesday, March 26th at the New Suffolk School. March 31st, which is a Monday at the Human ResourCe Center in Mattituck, and Wednesday, April 2nd at the Laurel School. All of these meetings are at 7:30, and you are urged to attend. This is your opportunity to come in with your ideas to keep things beautiful, or on the other hand, perhaps you have something that needs some beautification. We have to hear from you. That's all. COUNCILMAN MOORE: Thank you. It's five o'clock. Moved by Councilwoman Ollva, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilwoman Hussie. This resolution was duly ADOPTED. Meeting] reconvened at 5:04 P.M. 37.-Moved ~y Councilwoman Olive, seconded by Justice Evans, A regular meeting of the ~Town Board o~ the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, in said Town, on the 20th day of February, 1997. PRESENT: William D. Moore, Councilman, Deputy Supervisor Alice J. Hussie, Councilwoman Ruth D. Oliva, Councilwoman Louisa P. Evans, Town Justice In the Matter of the Acquisition of a Payloader for the Southold Solid Waste Management District,.in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. RESOLUTION AND ORDER AFTER PUBLIC HEAiLING WHEREAS, the Town Board of the Town of Southold (herein .called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of Southold Solid Waste Management District, in the Towh' (herein called "District"), has requested the acquisition of a payloader for the District, at the estimated cost of $90,000; and W~EREAS, pursuant to the Order Calling. Public Hearing To Be Held On February 20, 1997, adopted January 29, 1997, a public hearing was duly held by the Town Board on.the.20th day of .February, 1997 at 5:00 o'clock P.M. (Prevailing Time) at the Town Hall, Southold,'New York, in the Town, and considerable discussion on the matter has been had and all persons desiring ~o be heard have been heard, including those in favor of and those in opposition to said acquisition of a payloader for the Southold Solid Waste Management District; and FEBRUARY 20, 1997 3',7ti W~EREAS, the Town Board has given due consideration to the impaot that the acquisition of a payloader for the District may h~ve on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly executed Short Environmental Assessment Form has been filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to acquire the payloader for the District as hereinabove described and referred to at the estimated total cost of not to exceed $90,000; and it is hereby. ORDERED, that the facilities of the District shall be so increased and improved and that such payloader shall be acquired and, further, that the Engineer heretofore retained by the Town Board ~hall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Town Attorney, prepare a proposed contract or contracts for the acquisition of such payloader, which specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of increasing and improving such facilities by said acquisition'of a payloader shall be financed by the issuance of not to exceed $90,000 serial bonds of the Town, and the costs~thereof, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of special assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk county within ten (10) days after adoption hereof. DATED: FEBRUARY 20, 1997 TOWN BOARD OF THE TOWN OF SOUTHOLD W~liam'D Mobre, Couqcllman (Deputy Supervisor} Ruth D. Oliva, Councilwoman Louisa P. Evans, Town Justice (SEAL) Members of the Town Board of the ToWn of Southold, New York 37.- Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilwoman Hussie. · a This resolution w s duly .ADOPTED. Moore, Justice Evans, ?0, 373 38.-Moved by Councilwoman Hussle, seconded by Councilman Moore, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 20, 1997, APPROPRIATING THE AMOUNT OF $90,000 FOR THE ACQUISITION OF PAYLOADER FOR THE SOUTHOLD WASTE MANAGEMENT DISTRICT. IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $90,000 AND AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recita~ WHEREAS, the Town Board of the Town of Southotd (herein called the "Town"), in the Count~ of Suffolk, New York, acting on behalf of the Southold Solid Waste Management District (herein ' d called the "District"), in the Town, has heretofore determine to increase and improve the facilities of the District by the acquisition of a payloader hereinafter described and, after a public hearing duly called and held, s~id Town Board has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on this date, that it is in the public interest to so increase and improve the facilities of the District and ordered the acquisition of such payloader; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section.1. The Town hereby appropriates the amount of $90,000 for the' acquisition of a payloader for use in and by the District heretofore authorized to be acquired pursuant to the Resolution and Order After Public Hearing referred to in the Recital hereof. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing, is $90,000. The plan of financing includes the issuance of $90,000 serial bonds of the Town to finance said appropriation and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable. FEBRUARY 20, 1997 'Section 2. serial bonds of the Town are hereby authorized to be issued in the principal amount of $90,000 pursuant to the provisions of the Local Finance Law, constituting Chapter33-a of the consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matter~ are hereby dete£mined and declared: (a) The period of probable usefulness of each item of the specific object or purpose for which said $90,000 serial ~onds are authorized to be issued, within the limitations of Section 11.00 a. 28. of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any. bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury DePartment. (c) The Town Board, acting in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA") no substantial adverse~environmental impact will be caused by the acquisition of such payloader. Section 4. Each of the bonds authorized by this re~otution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon~all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the ~ale of said bonds and provision shall be F~BRUARY 20, 1997 375 made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Tow~ Board relative to authorizing bond anticipation notes and prescribing their tezms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore .or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer Of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in'anticipation of said bonds, may be 'contested only i~: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (C) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution Shall take effect immediately. 38. - Vote of the Town Board: Ayes: Councilman Councilwoman Ol~va, Councilwoman Huss|e. This resolut|on was duly ADOPTED. Moore, Justice Evans, FEBRUARY 20, 1997 39.-MoVed by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The Town Clerk is hereby directed to publish the foregoing bond resolution, in full, in "THE SUFFOLK TIMES", a newspaper published in Southold/ New York, and having a general circulation in said Town for suCh publication, together with the T~own Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ~n 2. This resolutiOn shall take effect immediately. 39. the Town Board: Ayes: Councilman Mo0re, Justice Evans, C0~lncilwoman Oliva, Councilwoman Hussle. This r:eS~lution Was duly ADOPTED; COUNCILWOMAN HUSSIE: I have to add, while I can't let this go by. This is my playground here. Ninety thousand dollars is not hay, and I am careful about spending $90,000, but in this instance we need this for moving and turning the leaves, that we're getting in, and we're getting a big batch of them in the Spring. This is for our mulch and composting efforts that we're doing. This is a payloader, that is going to help us to continue with' that. It is also going to be necessary for the grading of various places within .the area of the new transfer station, so it is really doing double dutY. I just thought I would bring that up. COUNCILMAN MOORE: Any: other comments from the audience? (No response.) You can tell we are of reduced numbers. Alice and I are suffering from head colds, and we are trying not to spread them too far down the Board. COUNCILWOMAN HUSSIE: Association of Towns. One of the things, that we got from the COUNCILMAN MOORE: You guys care to make any quick reports having been to the Association? Ruth? COUNCILWOMAN OLIVA: Just that some of these things we found rather interesting. We tried to bring ourselves a little bit up [o date about the telecommunications towers, the technical aspects of it, and also the legal aspects of it. I did-attend a case law update by Bill Sharp, who is one of the chief counsels of the Department of State, and that is always very interesting. Also, I attended his lecture on the takings issue, and there are going to be some new court cases coming down that should be very interesting. I attended some others about combining. We have often talked about combining services with school districts or other communities as far as saving moneyt and there was some presentations to that effect. I don't know how much that we could incorporate that, but it always'is an issue, I think, to be explored with other districts in other communities. On the whole it was very interesting. I would, also, like to say on February 5th we had a meeting of the Coldsmith Inlet Study Work Croup, and we did agree to go ahead with the studies. Once the Budget is approved we will be getting about $300,000 to complete the studies on the whole area from Duck Pond Point to Horton Point, because without these studies we really don't know what we're talking about on either side, whether for or against it. These studies should show us where the problems lies, and where it doesn't lie, and we will get answers to the questions, that everybody is ~sking. JUSTICE EVANS: I spent two days I was there getting my Justice certification, which we're required to do every year. I was there along with Judge Price and Judge Bruer, and they informed us of new developments in some of the laws, and also, hopefully, kept us current with a law that was supposed to be judiciary. COUNCILMAN MOORE: I'll be real quick, since we are all suffering up here. I had the opportunity two weeks ago to attend the Police Department graduation ceremonies for the six officers, and that was a very impressive ceremony. One of the most important things that was stressed to the officers coming out is it's not just a job as far as law and order goes, but that it has to be metered out with justice and compassion. It was quite an impressive presentation. They had the bag pipes there, and the whole nine FEBRUARY 20, 1997 377 yards, and it was a very good experience. I was glad ! had a chance to go and see that. Following up on that I attended the Association of Towns meeting this week, and it was a very fascinating program I attended there with. accreditation of police departments. Once again, we want the Chief very briefly and very quickly to look into the accreditation of our police department, I think it would be a great thing for this town to say that our department is accredited by the State of New York and I am going to' work very hard on seeing that that gets accomplished. That was a terrific follow-up with the Association of Towns meetlng, I, too. attended telecommunications seminars. There were several regarding the setting of the'cell towers, and how high they can be. and where they can be placed, and how to try to steer them in a community where they are least impacting on your nelghi3orhoods. It was a good session down in New York City, It was well worth going. That's all I have to repert~,;- !-will~ entertain a motion to adjourn. 5:08 This :re., Oliva, seconded by Councilwoman Hussle, it was this Town Board meeting be and hereby is adjourned at the Town Board: Ayes: Councilman Moore. Justice Evans. Ollva, Councilwoman Hussie. was duly ADOPTED. Southold Town-Clerk