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HomeMy WebLinkAboutTB-11/09/1993453 SOUTHOLD TOWN BOARD NOVEMBER 9, 1993 WORK SESSION Present: Councilman George L. Penny, Deputy Supervisor, Justice Raymond W. Edwards, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Clerk Judith T. Terry, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan. Absent: Supervisor Scott L. Harris. 9:40 A.M. - Director of Procjram Evaluation James McMahon met with the Board to advise them that although they authorized the purchase of two vans from Sayville Ford for the Human Resource Center (June 29th resolution), only one van has been delivered. Assistant Town Attorney Kiernan said that he spoke to a representative of Say.ville Ford earlier in the morning, and they will look into question of why only one van was delivered, and get back to him. 9:55 A.M. Senior Planner Valerie Scopaz made a presentation to the Town Board with regard to eligibility for funding pursuant to the Federal Intermodal Surface Transportation Efficiency Act (ISTEA). Ms. Scopaz asked the Board to consider submitting two separate proposals. (1) Seek financing to plan and implement an ongoing capital improvements program to eliminate direct discharge of stormwater runoff from State Route 25 to wetlands, creeks, the Bay and the Sound. (2) Seek financing to plan, acquire easements and construction a Town-wide network of pedestrian and bicycle trails. It was decided that Ms. Scopaz will work with James McMahon, the Stewardship Task Force, and the Task Force Transportation Subcommittee to prepare a proposal which will be available in advarice of the Dec- ember 7th regular meeting so action can be taken at that time to meet the December 15th deadli'ne. 10:10 A.M. - Joanna Gajek and Robert Goodale, President of the Eastern Suffolk School of Music, met with the Town Board to present their plan to branch out into Southbld Town. They are seeking community support and a financial grant. In response to their inquiry about utilization of Town facilities, Councilman Penny suggested the Human Resource Center and the Recreation Center. Ms. Gajek and Mr. Goodale were assured their request will be discussed during further budget reviews. 10:30 A.M. For Discussion Items: (I) &, (2) Letters from Town Justice Tedeschi and Town Justice Price requesting the Board to hire a full-time replacement for Justice Court Clerk Typist Barbara Gibaldi while she is on maternity leave (see resolution no. 31). (3) Letter signed by residents of Horton Lane, Southold, requesting four street lights between the railroad tracks and CR 48. Superintendent of Highways Jacobs was asked to make a survey of the area and make a recommendation to the Board. He reported back later in the morning suggesting the installation of two new lights (see resolution no. 34), (4) Board agreed on the reappoint of Board of Appeals member Serge Doyen, Jr. for a new five year term (see resolution no. 32). (5) Board authorized the Town Clerk to make four reservations for the Association of Towns 1994 Training School and Annual Meeting, three of those reservations are for the Town Justices who receive certification for courses taken at that time. 10:40 A.M. - Venetia McKei~han, Director of Human Resources, met with the Town Board to ask that they authorize a plaque for the Human Resource Center in appreciation to Supervisor Harris for making the center possible. It was agreed a plaque would be prepared in appreciation to several Town officials who contributed to making the center possible. 10:55 A.M. For Discussion ~tems (continued): (6) Suggested update of the Town's Investment Policy as prepared Senior Accountant John Cushman based upon the State Comptroller's updated model policy to reflect State legislation regarding municipal investments (see resolution no. 33). (7) Board set Tuesday, November 16th at 1:15 P.M. for a 1994 Budget review, and 4:00 P.M., Friday, November 19th for a Special Meeting to adopt the 1994 Budget. (8) Board authorized advertise ¢or resume for a Conservation Advisory Council member to replace John Holzapfel who wiii take office as a Town Trustee on January 1, i~94 (see resolution no. 35). 11:05 A.M. - Superintendent of Hic~hways/Commissioner of Pubiic Works Raymond L. Jacobs, and Encjineerin~ Inspector James Richter met with the Board to discuss improvements that must be made at the Human Resource Center. Mr. Richter will have a report and plan for the Board's November 23rd meeting. 11:50 A.M. - For Discussion Items (continued): (9) Letter from the NYS-DOT with regard to the need for a Disposal Permit for their vehicles. Board asked the Town Attorney to draft a local law authorizing the issuance of only one permit for certain entities, i.e. County, State, fire, park, and school districts. (10) Proposal from Dvirka and Bartilucci for preparation of bid documents for long-term hauling and disposal/processing services for the portions of the solid waste to be transferred from the Town. The Technica~ Resource Committee of the Solid Waste Task Force will be asked to review the proposal. (11) Request from Richard Hilary, concurred in by Councilman Lizewski, that a former Town Board resolution be amended with regard to reimbursement of lifeguards (see resolution no. 36}. 12:10 P.M. The Board reviewed the resolutions to be voted on at the 4:00 P.M. regular meeting. EXECUTIVE SESSION 12:30 P.M. On motion of Councilwoman Hussie, seconded by Councilman Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Councilman Penny, Justice Edwards, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Clerk Terry, Town Attorney Arnoff, Assistant Town Attorney Kiernan, Councilwoman-Elect Ruth D. Oliva.--- The Board discussed litigation and personnel. A resolution, no. 38, was placed on the agenda to reaffirm the Board's commitment to indemnify Victor Lessard in the Zahra lawsuit. A resolution, no. 39, was placed on the agenda to advertise for a full-time Town Attorney. 1:25 P.M. - Following a brief discussion with regard to letters from the DEC, Health Department and Kev!n Crawford with regard to burning in the Town of Southold, and a letter from Justice Price regarding collection of unpaid parking tickets, the work session adjourned. REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on Tuesday, November 9, 1993, at the Southold Town Hall, Main Road, Southold, New York. Deputy Supervisor 'Penny opened the meeting at 4:00 P.M., with the Pledge of Allegiance of the Flag. Present: Absent: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L. Harris DEPUTY SUPERVISOR PENNY:Can we have a motion to approve the audit of the bills of November 9, 19937 Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $109,201.90; General Fund Part Town bills in the amount of $25,669.68; Nutrition Fund bills in the amount of $1,421.28; Adult Day Care bills in the amount of $1,733.36; SNAP Program bills in the amount of $7~245.95; EISEP Program bills in the amount of $282.30; Community Development Fund bills in the amount of $7,741.18; Highway Fund Whole Town bills in the amount of $19,506.55; Highway Fund Part Town bills in the amount of $19,412.19; Tub Grinder/Stump Buster Cap bills in' the amount of $248,901.00; Employee Health Benefit Plan bills in the amount of $29,875.96; Fishers Island Ferry District bills in the amount of $43,889.59; Southold Wastewater District bills in the amount of $453.50; Fishers Island Sewer District bills in the amount of $590.00; Southold Agency & Trust bills in the amount of $5,435.87; Fishers Island Ferry District Agency & Trust bills in the amount of $1,108.86. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny; Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: I need a motion approving the minutes of October 19th, and October 22, Town Board meetings. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the minutes of the Ocober 19, 1993 and October 22, 1993 Town Board meetin'cjs be and hereby approved. Vote of the Town Board: Ayes: Cbuncilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This~resolution was declared duly ADOPTED. ;DEPUTY SUPERVISOR PENNY: ' We need a resolution setting a Special Town Board meeting, November 19, Friday at 4:00 P.M. That will be to adopt the Town Budget. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that a Special Town Board meeting will be held at 4:00 P.M., Friday, November 19, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: We need a resolution setting the next Town Board meeting November 23, 1993, at 7:30 P.M. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the next regular meetinq of the Southold Town Board will be at 7:30 P.M., Tuesday, November 23, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolu-i, ion was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: Good afternoon. I'm filling in for Supervisor Scott Harris today, who is on vacation, and will be back shortly. I. REPORTS. 1. Supervisor's Monthly Budget Report for Sep'tember, 1993. 2. Southold Town's Disabled Monthly Program Report for October, 1993. 3. Lawrence Healthcare CSEA Benefit Monthly Report for October, 1993. 4. Lawrence Healthcare PBA Benefit Monthly Report for October, 1993. 5. Southold Town Building Department Monthly Report for October, 1993. 6. Southold Ocotber, 1993. 7. Southold 8. Southold 9. Southold 10. 11. 12. Town Scavenger Waste Treatment Facility Monthly Report for Town Clerk's Monthly Report for October, 1993. Town Community Development Monthly Report for October, 1993. Town Justice Tedeschi~s Monthly Report for October, 1993. Southoid Town Planning Department's Monthly Report for October, 1993. Supervisor's Report, Councilmen's Report. II. PUBLIC NOTICES. 1. State of New York Public Service Commission Public Statement Hearings on Long Island Lighting Company Application for a Gas Rate Increase, also Notice of Evidentiary Hearing. 2. Southold Town's Program for the Disabled, and the East End Disabled Benevo- lent Fund, Inc. Program for the Disabled from November, 1993 through February, 1994. 3. Southold Town Highway Department's Public Notice of Fall Leaf and Brush Clean-Up. Ill. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. DEPUTY SUPERVISOR PENNY: We will be addressing next the resolutions, and we have a policy that the public shall be allowed five minutes to address the Town Board in relation to agenda resolutions prior to their enactment. The public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board any given topic. Is there anybody from the audience, that would like to address the Town Board at this time on any of our resolutions, that are before us? Mr. Carlin? FRANK CARLIN: Frank Carlin, Laurel. Resolution 13 basin cleaner, what is that going to cost? DEPUTY SUPERVISOR PENNY: The used catch basin cleaner for the Highway .Depart- ment. FRANK CARLIN: How much is that going to cost? DEPUTY SUPERVISOR PENNY: There has been no price suggested to the Town Board. The specifications for this were set up by the Superentendent of Highways. FRANK CARLIN: On 17, reduce the fee for the Landfill permits, is that a resolution to reduce the fee from $25.00 to $5.00, is that the one? DEPUTY SUPERVISOR PENNY: That's the one. FRANK CARLIN: Well, I want you to know that if it passes, I want to give the Boarc-' credit for doing that. It is a very intelligent, smart, fair, and reasonable decision to do. ~, also, want to thank Councilwoman Hussie for bein9 instrumental in Su99esti~,_J it~ It's a step in the right direction. Very good. Item 20, why is it we always give, not always, but I know it's a lot, we give out bids to out-of-town people. What, we can't give this to local people, some local people, instead of Syosset? DEPUTY SUPERVISOR PENNY: Local people are entitled to bid, and bid. TOWN CLERK TERRY: And bid. FRANK CARLIN: In other words, it wasn't acceptable, the bids? T-OWN CLERK TERRY: About five cents more a gallon. DEPUTY SUPERVISOR PENNY : We're bound to accept the lowest bid. FRANK CARLIN: Okay, good enough. On 24, accept the bid for these garbage bags, a company from Brooklyn, well, I would look twice at that. I'll tell you why. The garbage bags are very thin. I don't believe they're heavy enough to carry the garbage, that they're supposed to carry, especially the one, that is the large bag. I would look closely at that one before you give that bid. Garbage bags are very thin. think they could be a lot stronger than that. The ones you buy merchantwise are stronger than that. Item 38, I don't have it here, but I was reading it back there. Item 38, what does that. mean? DEPUTY SUPERVISOR PENNY: FRANK CARLIN: I don't have, DEPUTY SUPERVISOR PENNY: FRANK'CARLIN: No. Okay, TOWN CLERK TERRY: There Reaffirm commitment to indemnify Victor Lessard? don't have the updated agenda, but 39? Advertise for resumes for Town Attorney? that's all I have for now. should be an updated agenda out there. FRANK CARLIN: Okay, thank you. DEPUTY SUPERVISOR PENNY: Someone else from the audience, that would like to speak on a resolution? Margaret? MARGARET BROWN: I just had a couple' of questions. On Resolution 22, accept the bid for recycling tires? This morning at the Work Session, I didn't hear how much that was going to cost us. DEPUTY SUPERVISOR PENNY: I believe it was $898.00 per trailer load. COUNCILWOMAN HUSSIE: It's $949.00 a load, per trailer load. MARGARET BROW-N: And that's..we're letting them..we're doing that with the rims on? COUNCILWOMAN HUSSIE: Either way. MARGARET BROWN: There was a discussion about the cost of getting the rims off, and having to hire somebody, and. so forth, and so on. It occurred to me, that since we get $25.00 a ton for scrap metal, it might be worth our while to get a lot of tires with rims on to do that, to get the rims off, and to get some .value for that, because if we're going to pay to get the rubber hauled away, it would be nicer if we could get the rubber use, and we could sell it instead of having to pay somebody to take it away, but in the meantime if we could make some use of the rim, I think that would be worthwhile, unless there's only one or two in the load, so it's not worth the trouble. On 23, I'm curious to know how much we're paying for that. I didn't get a figure. DEPUTY SUPERVIOSR PENNY: There are different amounts depending upon the different 'items. TOWN CLERK TERRY: About 20 or more items. DEPUTY SUPERVISOR PENNY: And they are ridulously high. At the end of this meeting, I'll be very happy to give you a copy of this. MARGARET BROWN.: So, they do it by item, as you turn in like paint thinner, nail polisher remover, or hazardous insecticides, each thing gets a different price, that you have to pay. DEPUTY SUPERVISOR PENNY: They get up to, depending upon looks like the highest one is $540.00 for collected aerosols. This is per 55 gallon drum. Oxidizers, $250.00 .per drum. The average seems to be about $190.00 per drum. Then again, poisons and solid poisons, $540.00 per drum. MARGARET BROWN: Per drum; Thank you. TOWN CLERK TERRY: We have three bids, Mrs. Brown, they are all high. This is the lowest of them all. FRANK CARLIN: Number 38, what does that mean? DEPUTY SUPERVISOR PENNY: Do you want to do that, Harvey? TOWN ATTORNEY ARNOFF: Mr. Carlin, if you will call those litigations involving Mr. Zhara. Those was a judgement rendered for, I think, $25,000.00, If you remember that was ..reported in the paper. The Court has requested that..the plaintiff attempted'~to collect the money from Mr. Lessard, and we've agreed to indemnify, so as to allow the appellate process to continue. The Town ultimately has to answer for Mr. Lessard in this case, and to actually pay it, either now or later. We were choosing to sit back, and not pay it, but agreeing to indemnify him, which is satisfying the court, so that there will be no further collection action taken by the plaintiff, until after the appeal is concluded. It's not costing the Town any more money. Let me explain. ThereJs a judgement for $25,0'00.00. That's against Victor alone. We have agreed, and under State law and Town Code we are mandated to indemnifty to hold him harmless from this claim. Okay? Now, they want their money, and we'll say, okay, we'll do that, we'll hold you harmless in the future. We're just restating the law, in order for the Court to stop collection procedure against Victor. In other words, it's stopping the plaintiff from going after Victor to collect the money, while the appeal goes on. It's a procedural thing to stop the payment until the Appeals Court rules one way or the other. FRANK CARLIN: One way or the other. He'll either get it or he won't get it. TOWN ATTORNEY ARNOFF: Correct. He'll either get it, or he won't get it. Sorry I didn't mean to be that long-winded, but I got caught up in it. DEPUTY SUPERVISOR PENNY: Okay, nobody else from the audience at this time? Can we start with resolution #1, please? 1.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the 1994 Individual Program Application to the New York State Division for Youth for a $10,000.00 grant for the Southold Town Youth Services Program, a program which will provide individual counseling for 50 targeted youths as well as provide services and programs for the general youth population. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 2.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Scott L. Harris to execute the 1994 individual Program Applica- tion to the New York State Division for Youth for a $13,715.00 grant for the Southold Town Recreation Program, a program that will be available to all youths in the Town of Southold, providing games, sports, arts and crafts, trips and special events in locations throughout the Township. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the 1994 Individual Program Applica- tion to the New York $_tate Division for Youth for a $19,911.00 grant for the Southold Town Juvenile Aid Bureau, which is available to all youths in the Town of Southold, providing counseling, training programs, in-school lectures, improved school/police relationships and youth/police relationships. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman'Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution Was declared duly ADOPTED. NOVEMBER 9, 1993 459 4.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1993 Budget to appropriate the Kaplan Grant for 1993 Stewardship Task Force expenses: To: Revenues: A2705 Gifts & Donations $ 3,878.31 Appropriations: A1010.4 Town Board, Contractual Expenses $ 3,878.31 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, CounCilman Wickham, Councilman Penny, Justice Edwards. This resolUtion was declared duly ADOPTED. 5.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $221,675.00 for a bond for roads and improvements in the major subdivision of Highpoint Woods at East Marion, all in accordance with the ~ecommendation of the Southold. Town Planning Board and Engineering Inspector James A. Richter. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. ~This resolution was declared duly ADOPTED. 6.-M0ved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby extends the services of Val Stype & Sons, Inc. as the Town's Insurance Broker for the period of January 1, 1994 through December 31, 1995, all in accord~ince with the recom- .mendation of the Town's Insurance Consultant William F. Mullen, Jr. 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an EQBA Municipal Parks Project Agreement Amendment to the New York State Office of Parks, Recreation and Historic Preservation, with regard to the contract for the acquisition of Mattituck Inlet Park, by extending the termination date of said agreement to March 31, 1994. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 8.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget mOdification to.the General Fund - Whole Town 1993 Budget to cover anticipated needs for the remainder of the year. To: A1010.4 Town Board, Contractual Expenses $ 15,000.00 From: A9710.7 Serial Bonds, Interest $ 15,000.00 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 9.-M0ved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Baord of the Town of Southold hereby authorizes the following budget modificatiOn to the General Fund - Whole Town 1993 Budc~et to cover Bruce Anderson's billing for the Wade matter and Brick Cove matter: To: A8090.4 Environmental Control, Contractual Expenses $ 3,000'.00 From: A9710.7 Serial Bonds, Interest $ 3,000.00 9~-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Advanced Equipment ~nc., in the amount of $13,000.01, for one (1) Vermeer Stump Grinder Model 63013 for the Highway Department, all in accordance with the bid specifications. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 11.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with recjret, the resignation of Mary K. Brewer, part-time Clerk Typist for the Recrea- tion Department, effective October 31, 1993. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a part-time Clerk Typist for the Recreation Department, 17-1/2 hours per week, at a salary of $6.50 per hour. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town 13oard of the Town of Southold hereby authorizes and airects the Town Clerk to advertise for bids for one (1) Used Catch Basin Cleaner, 1980 Vactor, Model 810, or equal, for the Superintendent of Highways. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 P.M., Tuesday, December 7, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearincj for the purpose of considering a proposed amendment and extension of the contract with the Village of Greenport for fire protection and emergency service to be furnished by said Village to the Fire Pro- tection District established in said Town and known as "East-West Greenport Fire Protection District, Town of Southold, New York"; said contract includes payment to the Village of 46% of the annual cost of maintaining the Firemen's Service Award Program, as well as the following annual payments: 1994 - $142,000.00; 1995 - ~150,000.00; 1996 - $157,500.00; 1997 - $165,375.00; 1998 - $173,644.00. COUNCILMAN PENNY: I might 'add that this is in the event that the Village affirms the vote, that will be..there's going to be a Service Award Program that's put up to the public, and we will agree that we will accept the 46% provided that it is voted on within the Village of Greenport. 14. -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 15.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Hopp¥'s Cleaners, inc., Greenport, for cleaning the uniforms of the members of the Southold Town Police Department for the period from January 1, 1994 ~ through December 31, 1994, all in accordance with their proposal dated November 1, 1993; and be it FURTHER RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to execute an agreement between the Town and Hoppy's Cleaners, inc. for the aforesaid services. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 16,-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of $outhold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. for supplying 1/2 pints of Homogenized Pasteu- rized whole milk to the Southold Town Nutrition Center, Sound Avenue and Pacific Street, Mattituck, for calendar year 1994, at the price of twenty-one ($0.21) cents per 1/2 pint, all ill accordance with the bid specifications. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 17.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southo]d hereby reduces the fee for Resident Disposal Permits from $25.00 to $5.00 and Guest and Lessee Vehicle Disposal Permits from $25.00 to $5.00, effective upon the issuance of the 1994 permits. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of TuthilI-Mac, tee Service Inc., Riverhead, New York, for supplying the Town of Southold with Heating Fuel Oil for Calendar Year 1994, at a rack price which will be plus $.0665 per gallon over the Long Island Tank Car Consumer Rack Price as posted daily in the Journal of Commerce. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. -This resolution was declared duly ADOPTED. 19.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Ail American Fuel Co., Syosset, New York, for supplying the Town of Southold with Gasoline for Calendar Year 1994, at a price that will be plus $.0545 per gallon over the Long Island Tank Car Consumer Rack Price as posted daily in the Journal of Commerce. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 20.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of All American Fuel Co., Syosset, New York, for supplying the Town of Southold with Diesel Fuel for Calendar Year 1994, at a price which will be $.0633 per gallon over the Long Island Tank Car Consumer Rack Price as posted daily in the Journal of Commerce. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 21 .-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mid Island Salvac~e Corp., Deer Park, New York, for the removal of all Scrap Metal deposited at the Southold Town Disposal Site, Cutchogue, during Calendar Year 1994, at a price of $25.00 per ton, all in accordance with the bid specifications; and be it FURTHER RESOLVED that Supervisor Scott L. Harris' be and he hereby is authorized and directed to execute a contract between the Town of Southold and Mid Island Salvage Corp. for the removal of Scrap Metal, subject to the approval of the Town Attorney. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. COUNCILWOMAN HUSSIE: I'd like to explain, in case people think that weJre paying $25.00, we're receiving $25.00 a ton. 22.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of J.L.J. Rec¥clinc~ Contractors Corp., Brookyn, New York, for the removal of any size tire, on the rim or off, from the Southold Town Disposal Site, Cutchogue, at a cost to the Town of $949.00 per trailer load, for Calendar Year 1994, all in accordance with the bid specifications. 22.-Vote of the'Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, _ustice Edwards. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chemical Pollution Control inc., Bay Shore, New York, for the removal a~d-: disposal of Household Hazardous Wastes from the Southold Town Collection Center, Cutchogue, for Calendar Year 1994, all in accordat;ce with their bid proposal of November 3, 1993, and in accordance with the recommendation of Commissioner of Public Works Raymond L. Jacobs. 23.-Vote of the Town Board: Ayes: Councilwoma~ Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 24.-Moved by' Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold is in receipt of bids for suppying the Town with Plastic Garbage Bags; and WHEREAS, the lowest bidder, Paper Enterprises, Inc., has withdrawn their bid, and the second lowest bidder, Faden Bayes Corporation, failed to fulfill the bid specifications by providing sample bags; now, therefore, be it RESOLVED that the Town Board hereby accepts the bid of Halbro Control Industries, ~nc., Farmin§dale, New York, for supplying the Town with Plastic Garbage Bags, at the following prices, all in accordance with the bid specifications: 200,000 24"x32" 12 micron thick $.03 per bag 550,000 33"x40" 19 micron thick $.07 per bag 100,000 40"x48" 24 micron thick $.14 per bag i~-- 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Southold Town Substance Abuse Committee, effective October 24, 1993 through October 24, 1994, they to serve in said position without compensation: Jean W. Cochran Cynthia Kumelos 25. Henry Santacroce, Jr. Beth Wilson Kathleen McKeighan-Simpson Dr. Rory Simpson Myles Schneider Dr. Helen C. Price Elizabeth MacNish AND BE IT FURTHER RESOLVED that the Town Board hereby reappoints Jean W. Cochran as Chairperson of the Southold Town Substance Abuse Committee, effective October 24, 1993 through October 24, 1994, she to serve in said postion without compensation. -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 26.-Moved by Councilman Wickham, seconded by Justice Edwards, is was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of the necessary expenses for travel, meals and lodging for Southold Town Justice-Elect Louisa P. Evans to attend a Justice Training School at Menands, New York, on November 19, 20, 26, 27, and December 3 and 4, 1993; payment of said expenses in accordance with the Uniform Justice Court Act, Section 105, whereby the actual and necessary expenses incurred by a justice-elect for training and education shall be a legal charge against the municipality. 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, C~uncilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 463 NOVEMBER 9, 1993 27.-Moved by Justice Edwards, 'seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modifications to the Fishers Island Ferry District 1993 Budget: From: Revenues: SM.4097 Capital Grant Federal Government $ 45,000.00 SM.'5990 Appropriated Fund Balance 83,000.00 A ppropriations: SM.1420.4 Attorney, Contractual Expenses $ 5,000.00 SM.5610.4 Elizabeth Airport, Contractual Expenses 45,000.00 SM.5710.2 Ferry Repairs, Equipment 75,000.00 SM.7155.4 Theatre, Contractual Expenses 3,000.00 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 28.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, the Board of Commissioners of the Fishers Island Ferry District advertised for bids for the removal, refurbishing, and reinstallat'ion o,f approximately six hundred' (600) seats located at the Movie Theater, Fishers Island; and WHEREAS, the Iow bidder was J. S. McHugh, Inc., Garden City, N.Y., at $87,90 per seat, but when they are requested to refurbish one (1} seat in accordance with the specifications to give a comparision of their work they failed to do so; now, therefore, be it RESOLVED that the Board of Commissioners be and hereby are authorized to accept the second lowest bid of Connecticut Stage & Movie Company, Inc., at $105.00 per seat, and enter into an agreement with them for the removal, refurbishing, and reinstallation of the approximately six hundred (600) sears located at the Movie Theater, Fishers Island, all in accordance with the bid specifications. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 29.-Moved bY Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jeanette Sosnowski provisionally as an Aide in the Senior Adult Day Care Program, effective November ~2, 1993,. 1~ hours per week-' at a salary of $5.00 per hour. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilmari Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 30.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christopher Burke provisionally as a Kitchen Aide at the Nutrition Program, effective November 10, 1993, 18 hours per week at a salary of $5.50 per hour. 30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 31.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Jane Rousseau as a temporary Clerk Typist for the Justice Court, to replace Barbara Gibaldi while she is on maternity leave, effective November 22, 1993 through April 1, 1994, at a salary of $21,152.37 per annum. 31.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 32.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that- the Town Board of the Town of Southold hereby reappoints Sercje Doyen, Jr. a member of the Southold Town Board of Appeal% effective January I, 1994 through December 31, 1998. JUSTICE EDWARDS: I, also, might add that Mr. Doyen, Serge Doyen, has been in this capacity, I think Judy figured it out, for over 35 years, he's sitting on the Board of ZOning Appeals, so I offer that resolution with happiness. .32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. .This resolution was declared duly ADOPTED. 33,-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southoid hereby updates the investment Policy for the Town of Southold which was adopted on May 9, ~989, to read as follows: INVESTMENT POLICY FOR THE TOWN OF SOUTHOLD I. SCOPE 'This investment policy 'applies to all moneys and other finanCial resources available for investments on its own behalf or on behalf of any other entity or individual. II. OBJECTIVES The primary objectives of the local government's investment activities are in priority order, * to conform with all applicable federal, state and other legal requirements (legal); * to adequately safeguard principal (safety); ~' to provide sufficient liquidity to meet all operating requirements .(liquidity); and * to obtain a reasonable rate of return (yield) III. DELEGATION OF AUTHORITY The governing board's responsibility for administration of the investment program is delegated to the chief fiscal officer, who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates, add other relevant information and regulate the activities of subordinate employees. IV. PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transactions that might impair public confidence in the Town of Southold to govern effectively. Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence discretion and intelligence exercise in the management of their own affairs~ not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DIVERSIFICATION It is the policy of the Town of Southold to diversify its -deposits and · investments by financial institution, by investment instrument, and by maturity scheduling. VI. INTERNAL CONTROLS It is the policy of the Town of Southold for all moneys collected by any officer or-employee of the government to transfer those funds to the chief fiscal officer within 30 days of deposit, or within the time period specified in law, whichever is shorter. The chiefl fiscal officer is responsible for establishing and maintaining an internal control structure to provide reasonable,' but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly, and are managed in compliance with applicable laws and regulatiOns, ~:. · VII.DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the deposit of monies up to the following maximum amounts are: Depository Name Fleet Bank Suffolk County National SCNB (Tax Receiver Acct.) only Bridgehampton National Bank Shawmut Bank Maximum Amount Officer 1,000,000 5,000,000 5,000,000 1,000,000 100,000 Mary Ellen Johnson Richard Noncarrow Richard Noncarrow Ann Nestor Anthony Serio VIII. COLLATERALIZING OF DEPOSITS In accordance with the provisions of General Municipal I~aw, §10, all deposits of the Town of Southold, including certificates of deposits and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured: 1. By a pledge of "eligible securities" with an aggregate "market value',, or provided by General Municipal Law, §10, equal to the aggregate amount of deposits from the categories designated in Appendix ~k to the policy. 2. By an eligible "irrevocable letter of credit" issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of .the three highest rating oategories by at least one nationally recognized statistical rating Organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements. 3. By an eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims - pa~dng ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. IX. SAFEKEEPING AND COLLATERALIZION Eligible security used for collateralizing deposits shall be held by the depositary or a third party bank or trust company subject to security and custodial agreements. The security agreement sha~l pro~ide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon defaults. It shall also provide the conditions Under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the TOwn or its custodial bank. The custodial agreement shall provide that securities held by the bank or trust company~ or agent of and cuStodian for, the local government, Will be kept separate and apart from the general assets of the custodial bank or trust company and will not, ~n any eircumstanc~;- be commingled with or become part of the backing for any other deposit Or other Liabilities. The agreement should alsu describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securiLies when a change in the rating of a security may cause ineligibility. Such agreement shall include al! provisions necessary to provide the local government a perfected interest in the securities. PERMITTED INVESTMENTS As authorized by General Municipal Law, §11, the Town of soUthold authorizes the chief fiscal officer to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments .' * Special time deposit accounts; * Certificates of deposits; * Obligations of the United States of America; * Obligations guaranteed by agencies of the United States of America where the payment of principal and i,iterest are ~uaranteed by the United States of America. * Obligations of the State of New York; Obligations issued pursuant to LFL §24.00 or 25~00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the Town of Southold. Obligations of public authorities, public housing authorities urban renewal a~eneies and industrial developmen~ agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments. Certificates of Participation (COPs) issued pursuant to GML, §109-b~ Obligations of this local government, but only with any moneys in a reserve fund established pursuant to GML, §6-c, 6-d, 6-e, 6-g, 6-h~ 6-j~ 6-1~ 6-m, or 6-n. Alt investment obligations shall be payable or redeemable at the option of the Town of Southold within such times as the proceeds will be needed to meet.--. expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or. redeemable at the option of the Town of Southold within two years of the date of purchase. XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS a listin, g of proposed depositaries, Shall be evaluat~e.ql~at .least annually. The Town of Southold shall maintain a list of financial institutions and dealers approved' for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Southold. Security dealers not affiliated with a bank shall be required to be classified as reporting dealer 'affiliated with the New York Federal Reserve Bank, as primary dealers. The chief I fiscal officer is responsible for evaluating the financial position and maintaining trading partners and custodians. Such listing XI. PURCHASE OF INVESTMENTS The chief fiscal officer is authorized to contract for the purchase of investments: 1. Directly, inefuding through a repurchase agreement, from an authorized trading partner. ¸2. By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board. By utilizing an ongoing investment program with an authorized tracking partner pursuant to a contract authorized by the governing board. All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a banli or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such a bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town of Southold by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, §10. The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets'of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. XIII. REPURCHASE AGREEMENTS Repurchase agreements are authorized subject to the following restrictions: * Ail repurchase agreements must be entered into subject to a Master Repurchase Agreement. Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers. Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America. * No substitution of securities will be allowed. * The custodian shall be a party other than the trading partner. 33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared du~y ADOPTED. 34.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Super- intendent of Hicjhways Raymond L. Jacobs to install street lights on NYTel. Poles No. 11 & 17 on Horton Lane, Soqthold, between the railroad tracks and CR 48. 34.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. ~ -~$.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for one (1) member of the Con- servation Advisory Council to replace John Holzapfel who will take office as a Town Trustee on January 1, 1994. 35.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickhai-~i, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 36.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 23, adopted on Aucjust 10, 1993, to read as follows: "RESOLVED that the Town Board of the Town of Southold hereby authorizes a $220,00 reimbursement to the following Lifeguards who expended that sum for their training, and are employed by the Town of Southold: Sean Curran, Steve Fickeissen, Sean Gagen, Vanessa Lara, Jill Schneider, Erica Stype." 36o-Mote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. 37.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposa~ of Residentia~ Fences Corp., 1790 Route 25, Ridge, New York under the Suffolk County Department of Public Works bid contract, in the amount of $16,807.20, to install vinyl coated chain link fence and baseball backstops at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic. This project is part of the 1993 Community Development Block Grant Program. 37.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Justice Edwards. Abstain: Councilman Penny. This resolUtion was declared duly ADOPTED. 38.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, WHEREAS, by Judgement dated September 14, 1993, in the matter of Zahra v. Town of Southold , et al., plaintiff, Charles Zahra was awarded the sum of $25,000.00 against Victor Lessard, Building Inspector. WHEREAS, Mr. Zahra has appealed the Judgement against Mr. Lessard but wishes to enforce the Judgement at this time, which enforcement is currently stayed by 'the Court, now, therefore, be it RESOLVED, that pursuant to Section 18 of the Public Officers Law and Chapter 8 of the Town Code of the Town of Southold, the Town Board reaffirms its commit- ment to indemnify and sa(,e harmless Victor Lessard in connection with the above- referenced Judgement. 38.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: Number 39, a resolution authorizing and directing the Town Clerk to advertise for resumes for Town Attoreny, is on hold for two weeks. NOVEI~4BER 9, 1993 469 40.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of South'old hereby c~rants permission to the Merchants Association of Southold to use Town Roads: Tuckers Lane and Youngs Avenue, Southold, for a Christmas Parade on December 4, 1993, line-up to begin at 2:00 P.M. on Tuckers Lane, parade to commence at 3:00 P.M.; per- mission is contingent upon the Merchants Associaiton of Southold filing a One Million Dollar Certificate of Liability Insurance with the Town Clerk naming the Town of Southold as an additional insured. 40.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: That being the end of our regular agenda, we now open the meeting for anybody from the public, that has any comments to make on any topic whatsoever. Mr. Carlin? . FRANK CARLIN: Frank Carlin, Laurel. Councilwoman Hussie, like I said before, the bags are too thin, they're too expensive, and I can't see a middleman being involved with some of these bags. You bu,v a large bag, cost you $2.25, the middleman is making 22½ cents. I can't see a middleman being involved in these bags what the Town issues. You sell the bags direct, because the people who sell them get a 10% discount, don't they? Then they sell them for $2.25, don't they? So, they're making 24½ cents on my money. I can't see that. The people, that I speak to, don't like the system. It stinks. I would suggest that you look into the bags, and come up with a different system in the future. Now, for a minute I'm going to be an Andy Rooney here. How many times have you went and bought an appliance in the store, and you get your warranty, and look at the top of the list, name, serial number, model of the unit, and then you go down, and they want your whole life history of everything, where you were born, how much money you make, when it gets to that point that turns me on, when somebody wants to know, that you mail through the mail, that's not enclosed, how much money I'm making, on a warranty. It reminds me of this Stewardship Committee questionaire that I received. For a couple of examples, Town of Southold, should we establish a municipal airport? What a question. We went through that in 1986. We didn't want an airport here to start with. We had two public hearings, went to the last one. We had people lined out the door here. We didn't want one. The Board spend $54,000.00 to a researcher from Florida, and decided the people didn't want it. It was out, and they dropped the resolution. Again, it shouldn't have been put on there. It's just something tO create some problems in the future. I have a couple, and t'11 make it quick. The Town should require some trees, landscaping around business to protect., in other words, if I open up a business you're going to try to say that maybe I should be forced to plant trees on my property. No way. Should the Town permit neon lighting? Now, we don't want to have neon lighting maybe in this town on .signs. Here's one, that really catches me. If the Town would allow a large office building to be built should it be located, and first one item a is near the North Fork Bank office? What kind of questionaires ask if we're going to build near the North Fork Bank? Finally~ the one that gets me, and this turns me on seriously, when it comes to, please circle the number corresponding with your household's total income for J92, $15,000 or something. You know when I get one of these I mail with my warranty, I send the top one in, and you know what I do with the bottom one? I rip it up. One more thing. I'd like to congratulate Riverhead Town Board. I live in Southold, but I want to congratulate Riverhead Town Board for the job they're doing in their town. They not going to have one skating rink, they're probably going to have two, muncipal pool, a gymnasium. They're going to have a factory outlet center. They're probably going to have a shopping center open up by Northville Turnpike with a K-Mart there, with a Marshals there, with a Little Caesar. Well, we don't need all those. They have roadside recycling. They have street lights plentifu! right along 25 from Riverhead to the Laurel line, every other pole, and nobody's going to tell me that street lights are not important, because I worked many a ni§hts, in the middle of the night, and I came home for 33 years in snow storms, fog, and rain. If it wasn't for the lights I wouldn't have made it home. You get to Southold Town, the Laurel line becomes dark. A taco food rest- aurant is being built. A composting plant is being built. That's what I call progress. That's what I call progress. Keep that in mind. Thank you. DEPUTY SUPERVISOR PENNY: Is there anybody else from the audience, that would like to speak at this time? Margaret? 4 7 0 OVEMBER MARGARET BROWN: I would just like mention if it's appropriate about the Budget. Okay? I'm a member of the sub-committee of the Task Force in the North Fork Planning Conference on the Transportation Committee, and I know there was a discussion this morning, which ] came in late on, asking for a line item in the Budget for Community Development, or something, a place where an amount of money could be put in the Budget, so that if Jim McMahon for instance was going out, or if the Planning Department was going out looking for money from the Federal government, funding, there would be something in the Town Budget that would give credibility to the Town as a serious searcher for funds, and..maybe I'm saying it wrong. In any event, if the Town did have money in the Budget, whether it was going to be, I think the term Valerie used was leverage, it wouldn't_~ necessarily have to be used, but it would be there so that if we went out seeking funding we would be able to say, yes, there is money available, instead of saying there's nothing, and it would speed up the process of seeking funds for projects for enhancement of the roads, bicycle paths, or whatever our committee is working on, and so I would urge you to consider putting it in, perhaps transferring from some other part, not adding new numbers, but transferring it from some other place, so that it would be available to use as leverage to seek Federal funding. Thank you. DEPUTY SUPERVISOR PENNY: Is there anyone else at this time? PHIL VANBOURGONDIEN: Phil VanBourgondien. I was wondering if somebody could give me information on the discussion number nine, permit for State DOT trucks to use Landfill (tape change.) DEPUTY SUPERVISOR PENNYi It's a letter that said that they respect the fact now, that they have to pay for using our Landfill, because everybody has to pay for using the Landfill, but.they said that if they had to buy $100.00 permilt for each one o'f their trucks, that they would consider that a burden, and they would have to limit the number of trucks, that would be accessible to $outhold Town due to the fact that they didn't want to go out, and put $100.00 permit on every truck, ~-~ and so the Town Board is considering amending the pol!cy, and I believe the Town Attorney is going to be changing the law, so that muncipalities can operate uoder one blanket permit, rather than get a permit per vehicle. We want to work with the State. They'll still have to pay us for the tonnage, that they bring in, but we don't· want to limit them. I mean if they have thirty trucks, they'd have t~ make sure that the truck that came to Southold had a sticker on it, and we don'!t want to limit them in that wayt especially in cases of emergency. PHIL VANBOURGONDIEN: What would they bring into our landfill? DEPUTY SUPERVISOR PENNY: Debris from our town. PHIL VANBOURGONDIEN: Debris from the town along State highways and roadways. So, it's mostly demolition, and branches, and that type of thing? DEPUTY SUPERVISOR PENNY: All of the above. PHIL VANBOURGONDIEN: They don't bring up brOken black top, and concrete, and that sort of thing? DEPUTY SUPERVISOR PENNY: When they do small, road repairs, sure they do, but whatever they do it's within the Town of Southold. PHIL VANBOURGONDIEN: And then we have to pay to have that trucked away? They bring it in, and dump it in our Landfill. r--., DEPUTY SUPERVISOR PENNY: They will be paying for it now. TOWN CLERK TERRY: They already are. They have an account. They gp over the scale just like every other large contractor. Yes. PHIL VANBOURGONDIEN: So they pay so much a pound anything they b¢ing in, and then w'e pay somebody so much a pound to take it back out again. Does that balance out? DEPUTY SUPERVISOR PENNY: We make money on it. PHIL VANBOURGONDIEN: Good answer. Thank you. DEPUTY SUPERVISOR PENNY: Yes, Mr. Carlin? FRANK CARLIN: I have a question on that one. What is the district of the State? I believe it's from Greenport to what line do they stop, each section of the State highway? I think this district starts at Greenport, and ends up where, down towards Riverhead or where? DEPUTY SUPERVISOR PENNY: I'm not sure what district you're talking about. FRANK CARLIN: Well, they work in sections, the State does. Each one has a section' like 19 years my father had the Greenport section, when he worked for the State when he was a Supervisor. What I'm saying is, if this State truck_comes along over the Laurel line in Riverhead, and picks up debris, and keeps rolling, he's going to come into our dump with somebody else's stuff. This is what I'm trying to say here. How are we going to control.that? DEPUTY SUPERVISOR PENNY: He still would have to pay, but we don't believe they're bringing in material from out-of-town. FRANK CARLIN: Well, they're not going to mention the line when they pick the stuff up are they? It's a State truck right? DEPUTY SUPERVISOR PENNY: Frank, we have a law which prohibits us from receiving, and from them from bringing out of town debris to our Landfill. That law also applies to the State of New York. FRANK CARLIN: There's no way that that stuff coming in saying I brought this all from Southold Town, and you're going to be able to say, yeah, this is right. This is right, but nobody knows if he didn't go over three or five miles on the Riverhead line, and bring it in on the truck, so it went on the truck, and keep driving. Nobody's going to be able to prove that. Food for thought. DEPUTY SUPERVISOR PENNY: at this time? (No response.) comments? Ray? Thank you, Frank. Anybody else from the audience Would anybody on the Town Board like to make any JUSTICE EDWARDS: Just a little update on the Town's only airfield, Elizabeth Field on Fishers Island. The FAA has generated, I think, about 1.5, 1.6 million dollars to put an overlay in the two airstrips on the two fields over there, and they will not start putting this tar, aggregate asphalt, or what have you, until the beginning of April when the weather turns warm. So, in the meantime they're bringing over a blue stone aggregate by the barge loads, and I think.there's 18,000 plus yards, that they're bringing on the island. They're coming over on the barge, and they're tak!ng it off with a clam shell, and taking it, and they will setting up a batch plant on thc: island, where they will make the ashalt right on the island, and apply it to the airfield. They can't bring it over from the mainland truck by truck, because it would be just be too slow, and it would tie up the ferry service, so they're bring- ing over all the material this winter, and getting it all ready for Spring, and then in April they will begin to mix the stuff, and overlay the airport..It's going to be quite a project, and it's going to really enhance your only airport. Thank you. DEPUTY SUPERVISOR PENNY: Tom? COUNCILMAN WICKHAM: I just had a couple of comments. I've gotten a number of questions from people inquiring what the shape of the Town government will be next year beginning 1994, and needless to say there's lots of questions, and a lot of ideas that still have to be developed. I think it's fair to say we don't have all the answers, but I think we have a number of questions that we're trying to hone in on, and it's the questions we're addressing at this time. We have a small transi- tion team, that's a part from those of us who were elected with the help of several people, who are helping us focus on these issues, and we have decided that we would like to meet tentatively on Friday mornings at 9:00 o'clock here in Town Hall. This coming Friday it will be in the Conference Room here, in order to focus on those issues, that we want to work on beginning in 1994. The public is welcome. We could use the benefit of the views of various people in the town to continue to focus our thinking as we plan ahead for next year. So, we welcome that contribu- tion and participation from anybody from the town. Nine o'clock Friday mornings in the Conference Room. DEPUTY SUPERVISOR PENNY: Anybody have anything to say? (No response.) I think it's appropriate, that we have a motion to adjourn. Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:55 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk