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HomeMy WebLinkAboutTB-06/30/199226 SOUTHOLD TOWN BOARD JUNE 30. 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilman Thomas 'H. Wickham~ Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerl~ Judith T. Terry. EXECUTIVE SESSION 9:15 A.M. On motion of Councilman Penny, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman WiCkham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney A~rnoff, Assistant Town Attorney Kiernan, Tow~ Clerk Terry.-.--Th~ Board met with Victor Lessard, Principal Building Inspector and Frank Yakaboski, Special Counsel Ko the Board, to discuss personnel matters and litigation. Also present during the latter part of this meeting was Accountant John Cushman.----The Town Board then met with, Edward Reale, Attorney for the Fishers Island Garbage and Refuse District to the discuss the proposed Intermunicipal Agreement between the Town and that district. At the conclusion, resolution no.' 29 was placed on the regular meeting agenda to close the Fishers Island metal dump effective August 1, 1992. 11:05 A.M. - For Discussion Items: (1) Request from J. Kevin McLaughlin, Attorney for William Goodale, for .waiver of the filing fee for a reapplication to the Board of Appeals. It was determined that two prior appeals had been filed, processed, public hearings held, and decisions rendered by the Board of Appeals. The Town ,Board ruled that a waiver of the fee for a new application would inappropriate and would set a precedent. (2) Discussion with respect to a reappointment to the ,Water Advisory Committee. The Board would like to meet with Mark McDonald, Chairman of that committee at their next meeting before considering reappointments. (3) Letter from the Suffolk County Department of Law asking the Town if they are interested in a 2.2 acre parcel of property designated for Parks and Recreation purposes in a subdivision in Cutchogue. The County is planning to place it on their auction list due to unpaid taxes. The Town is interested, and Town Attorney Arnoff will transmit the Board's interest to the Department of Law. (4) Councilman Lizewski updated the town Board on the proposed, acquisition by the County of properties around Laurel Lake. (5) Information on the Opportunity and Basic Skills Program (JOBS) received by the Supervisor's office from the Suffolk County Department of Labor. (6) Creation of a Southold Town Agricultural Advisory Committee and advertisement for resumes (see resolutions 30 & 31). (7) Information from Councilwoman Hussie on the New York State Energy Research and Development Authority's Program Opportunity Notice to solicit projects designated to evaluate the feasibility of landfill reclamation. The Energy Authority anticipates that a total of $500,000 may be made available to fund projects selected as a result of this solicitation. (8) Submission by the Legislative Committee of a draft "Local Law in Relation to Site Plan Approval". The proposal law will be studied further by the Legislative Committee. JUNE 30, 1992 11:45 A.M. - The Town Board reviewed the resolutions to be voted upon at the 4:00 P.M. Regular Meeting. 12:05 P.M. - Recess for lunch. EXECUTIVE SESSION 2:00 P.M. - On motion of Councilman Penny, seconded by Councilman Lizewski, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town' Clerk Terry.---The town Board met with. Trustee President Jay Bredemeyer to discuss perso~nnel, and at 2:40 P.M. with Building Inspector Gary Fish to discuss the Board's decision to abolish his position effective July 31, 1992. 3:35 P.M. - Work Session adjourned. REGULAR MEETING A Rec~ular Meetin~ of the Southold Town Board was held on Tuesday, June 30', 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: I'd like to welcome you today. It's a beautiful day. It's the beginning of our summer season, and I wish you all the best in the oncoming months. At this time, I need a motion to approve the audit of the bills of June 30, 1992. Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of .$85,282.23; General Fund Part Town bills in the amount of $18,479.05; Nutrition bills in the amount of $5,373.37; Adult Day Care bills in the amount of $381.21; SNAP Program bills in the amount of $1,957.00; Highway Fund Part Town bills in the amount of $6,076.24; Highway Fund Part Town bills in the amount of $3,743.35; Waterfront Revitalization bills in the amount of $351.21; Employee Health Benefit Plan bills in the amount of $22,338.18; Fishers Island Ferry District bills in the amount of $10,974.11; Southold Wastewater District bills in the amount of $22,635.33; Fishers Island Sewer District bills in the amount of $230.00; Southold Agency & Trust bills in the amount of $4,570.14; Fishers Island Ferry District Agency, & Trust bills in the amount of $163.03. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JUNE 30, 1992 11:45 A.M. - The Town Board reviewed the resolutions to be voted upon at the 4:00 P.M. Regular Meeting. 12:05 P.M. - Recess for lunch. EXECUTIVE SESSION 2:00 P.M. - On motio~ of Councilman Penny, seconded by Councilman Lizewski, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town' Clerk Terry.---The town Board met with Trustee President Jay Bredemeyer to discuss personnel, and at 2:40 P.M. with Building Inspector Gary Fish to discuss the Board's decision to abolish his position effective July 31, 1992. 3:35 P.M. - Work Session adjourned. REGULAR MEETING A Recjular Meeting of the Southold Town Board was held on Tuesday, June 30~, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: I'd like to welcome you today. It's a beautiful day. It's the beginning of our summer season, and I wish you all the best in the oncoming months. At this time, I need a motion to approve the audit of the bills of June 30, 1992. Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $85,282.23; General Fund Part Town bills in the amount of $18,479.05; Nutrition bills in the amount of $5,373.37; Adult Day Care bills in the amount of $381.21; SNAP Program bills in the amount of $1,957.00; Highway Fund Part Town bills in the amount of $6,076.24; Highway Fund Part Town bills in the amount of $3,743.35; Waterfront Revitalization bills in the amount of $351.21; Employee Health Benefit Plan bills in the amount of $22,338.18; Fishers Island Ferry District bills in the amount of $10,974.11; Southold Wastewater District bills in the amount of $22,635.33; Fishers Island Sewer District bills in the amount of $230.00; Southold Agency & Trust bills in the amount of $4,570.14; Fishers Island Ferry District Agency & Trust bills in the amount of $163.03. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8 JUNE 30, 1992 SUPERVISOR HARRIS: I need Town Board meeting. Moved by Councilman Wickham, RESOLVED that the minutes of be and hereby approved. Vote of the Town Board: Ayes: Councilwoman 'Nussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice EdWards, Supervisor Harris. This resolution was declared duly ADOPTED. a motion to approve the minutes of June 16, 1992, seconded by Councilman Penny, it was the June 16, 1992, regular Town Board meeting SUPERVISOR HARRIS: I need a motion to approve the next regularly scheduled Southold Town Board meeting of July 14, 1992, at 7:30 P.M. Moved by Justice Edwa'rds, seconded by Councilmaf~ Penny, it was RESOLVED that the next rec~ular meetinc~ of the Southold Town Board will be held at 7:30 P.M., Tuesday, July 14, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold Town Justice Edwards' Monthly Report for May, 1992. 2. Southold Town Recreation Department Monthly Report for May, 1992. 3. Southold Town Board of Trustees' Monthly Report for May, 1992. 4. Councilmen's Reports. 5. Supervisor's Report. II. PUBLIC NOTICES. 1. U.S. Corp of Army Engineers, New York District application of David Weild to raise height of existing bulkhead, construct timber retaining wall, fill upland in Down's Canal, Great Peconic Bay, Cutcho§ue, New York. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 4:30 P.M., on the question of the acceptance of the option of the acquisition by the Town of Southold of the property of Mattituck Holding Corpora- tion located on the easterly side of Luther's Road, Mattituck, New York. 2. -4:32 P.M., on the proposed "Local Law in Relation to Peddlers & Solicitors". V. RESOLUTIONS. SUPERVISOR HARRIS: Are there any members of the audience, that would like to address this Board on any resolutions, that we'll be acting upon in the next few minutes? (No response.) If not, we'll start our procedures, and the first resolution of the evening, appointing a part-time gate guard at the Southold Town Landfill. 1.-Moved by Suoervisor Harris, seconded by Justice Edwards, in was RESOLVED that the Town Board of the Town of Southold hereby appoints Calvin W. Crenshaw as a part-time Gate Guard at the Southold Town Landfill, effective immediately at a salary of $6.25 per hour. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. 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 Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an acceptance of a Grant Offer from the U.S. Department of Tranportation, Federal Aviation Administration, for $54,000 for Engineering Design for Runway 12-30 Overlay, at Elizabeth Field Airpor;t, Fishers Isalnd, all in accordance with the approval of the Town Attorney. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, ~Councilman Penny, Justice Edwards,~ Su~ervisor Harris. This resolution was dec~d. ~duly ADOPTED JUNE' 30, 1992 3.,Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of So~thold hereby authorizes and directs Supervisor Scott L. Harris to execute a sponsor agreement between the Town and Ray Gurriere, ~hereby Mr~ Gu~i~re, who has purchased the vending business of Mark L. Rollins Sr., will place and maintain coin operated vending machines (M&M's, Honey Roasted Peanuts, Western Trail Mix, etc.-excluding any tabacco or any imitation of tabacco products, such as candy cigarettes) in stores, shopping centers and other commercial locations, bearing the name-of "Southold Town Senior Services", and he will pay the Town a fee of fifty cents (50¢) per machine per month, said moneys to be used. for the betterment of the Southold Town Human Resource Center; said agreement is subject to the approval of the Town Attorney. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their resolution no. 27, adopted on June 16, 1992, accepting the proposal of M&M Carting, Fishers Island, to place a dumpster at the Fishers Island Yacht Club. 4.-Vote of the Town Board: Ayes: Councilwoman. Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29 5.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following] budget modification to the Fishers Island Ferry District 1992 Budget to cover marine engine repairs and dry dock expenses: To: SM.5710.2 Ferry Repairs $ 65,000.00 From: SM.5709.2 Dock Repairs $ 65,000.00 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Twon Board of the Town of Southold hereby authorizes -the followin.g budcjet modification to the Wendy Drive Road Improvement District 1992 Budc~et to close out the project: To: Appropriations: SM1.9795.7 Interfund Loans, Interest $ 1.53 Revenues: SM1.2401 Interest & Earnings $ .47 From: Appropriations: SM1.1989.4 Funded Deficit, Contractual Expenses $ 1.06 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Justice Edwards, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of $outhold hereby accepts, with recjret, the resignation of Samuel Markel, member of the Southold Town Board of Assessment Review, effective July 1, 1992, and extends to Mr. Markel their sincere appreciation for the years he has devoted to the Board of Assessment Review as a member and as a former Chairman. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-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 Board of Assessment Review to'fill the unexpired term of Samuel Markel to September 30, 1993. 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, .Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 0 JUNE 30, 1992 9.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Soutl~old hereby rescinds their appointment (resolution' no. 19, adopted on June 16, I992) of LyneHe Faszczewski as a Beach Attendant (1st year) and Kathleen Kelly as a Swimming Instructor (1st year), whereas those individuals have decided not ~o accept the positions. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, JusticetEdwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Penny, seconded by JusticetEdwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Pillis as a Beach Attendant (1st year) for the 1992 summer season, at a salary of $5.83 per hour, and Ancjela Fioravantes as Swimminr~ Instructor (1st year) for the 1992 summer season, at a salary of $12.00 per'hour while performing her duties as a Swimming Instructor (Ms. Fioravantes has already been appointed a 1992 Lifeguard (3rd year at $7.95 per hour,'and ~vill conduct swimming lessons in the morning and lifeguard in the afternoon). 10.-Vote of the Town Board: Ayes: Councilwoman Hussie., Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-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 followincj acjreements between the Town of Southold and the North Fork Housing Alliance, Inc., for the following projects under the 1992 (Year 18) Community Development Block Grant Program, for the period of May 1, 1992 through April 30, 1993, all in accordance with the approval of the Town Attorney: CHILD CARE SERVICES FOR CLINTON DEVELOPMENT CORP. (Project No. 1039-05L-18), $18,000.00, to be utilized to complete the outside playground and parking area to meet funding source and program requirements. COMMUNITY HOUSING SERVICE AND PUBLIC SERVICE (Project No. 1036- 05-18), $22,200.00 - $12,000.00 will be used to assist in providing space costs for the building in which the North Fork Housing Alliance, Inc. operates, and $10,200.00 will be used to acquire foods and related items to be distributed via the emergency food/supply program. HOUSING COUNSELING (Project No. 1036-05J-18), $25,000.00, to be used in housing counseling services which include, but are not limited to, dissemination of information pertaining to family self-sufficiency, private and government loan grant acquisition, tenant counseling, general housing advocacy, mortgage and mortgage foreclosure counseling, housing discrimination, health and safety code, energy assistance, and legal referrals. MULTI FAMILY RESIDENTIAL REHABILITIATION PROGRAM, Kaplan Avenue, Greenport (Project No. 1042-13B-18), $50,000.00 to be used to rehabilitate an existing housing unit and provide supervised transitional housing and supportive services which will assist single female parents in becoming self-sufficient. SINGLE FANiILY RESIDENTIAL REHABILITATION OF PRIVATE PROPEP, TIES (Progject No. 1003-13-A-18), $13,500.00, to be used by the North Fork Housing Alliance, Inc. to administer the Single Family Residential Rehabilitation Program in accordance with the Town of Southold Administrative Plan. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by'Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Richard A. Winters, Certified Real Estate Appraiser, at a fee of $500.00 to reappraise the property of Andrew Cassidy & others (Tax Map No. 1000-52-5-59.3 & 59.4), 68 acres on the south side of Albertson Lane,- Greenport, which parcels are now being considered for acquisition under the Open Space Program by the Land Preservation Committee. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JUNE 30, 1992 31 13.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Baord of the Town of Southold hereby aut.horizes the installation of a 70 HPS lic~ht on LILCO pole #119L, at Clark Road and Richmond Road cross streetr Southold, all in accordance with the recommendation of Super- intendent of Highways Jacobs. 13.-Vote of the Town Board: Ayes: Councilwoman Hussiew Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SLIPERVISOR HARRIS: For the record, we have a petition with a number of home owners in the surrounding areas requesting a light in that section. Resolution #14, advertising for bids for one emergency operation generator for the Southold Town Police Headquarters, has been held. 15.-Moved by Supervisor Harris, seconded by Councilman Wickhamw it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brother, Inc., at $25.50 per ton, for supplying the Southold Town Highway Department with one thousand (1,000) tonsr more or less as may be needed, of Sand Mix Asphalt, furnished and placed at the discretion of Superinten- dent of Highways Jacobs, all in accordance with the bid specifications. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers, Inc., at the following prices per ton, to furnish and place Asphalt Concrete within the Town of Southold, as may be required by Superintendent of Highways Jacobs, all in accordance with the bid specifications; Item 1W, 0-350 tons - $37.90 per ton Item 2W, 350-650 tons - $37.90 per ton Item 3W, 650 - 1,000 tons - $29.10 per ton Item 4W - Over 1,000 tons - $28.45 per ton AND BE IT FURTHER RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized to enter into an agreement between the Town of Southold and Corazzini E~rothersr Inc. for the aforesaid Asphalt Concrete Contract for a period of one (1) year. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickharn, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Penny, 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 a Request for Budget Amendment to the New York State Executive Department, Division for Youth, for the Town of Southold Recreation Program, which reduces the 1990 budget by $5.00 of the State Aid eligibility. 17.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the twon Board of the Town of Southold hereby authorizes the Town Clerk'to issue Beac~rkin~ Permits, free-of-charge, to the followinq summer employees, provided they have their own vehicles: Beach Attendants, Beach Managers, Lifeguards, Swimming Instructors. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-~oved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew ~J. O'Donnell, Carl G. Roth, and Matthew S. Gural as part-time Deckhands for the Fishers Island Ferry District, effective immediately, at a salary of $5.75. per hour. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. Thi~ resolution was declared duly ADOPTED. 2 JUNE 30, 1992 20.-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 AR Lombardi Associates, Inc., at a lump sum cost of $1,950.00 annually, for the next two (1992 and 1993), for a total fee not to exceed $3,900.00, for On-going Operation and Maintenance Engineering Services for the Fishers Island Wastewater Disposal System, all in accordance with the approval of the Town Attorney. -. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Frank Lyburt III as a Traffic Control Officer for the sum~er season, effective immediately, at a salary of $7.72 per hour. 21.-Vote of the Town Board: Ayes: Councilwoman' Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a New York State Department of TranSportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement (Study) to conduct pavement evaluations s~udy for Runways 12-30 and 7-25; design engineering services for the installation of an MIRL system on Runway 12-30, rotating airport beacon, lighted electrical vault and airfield pilot control system; as well as an Agency Compliance Statement in accordance with the State Environmental Quality Review Act; all in accordance with the approval of the Town Attorney. JUSTICE EDWARDS: This is for Southold's only airport on Fishers Island. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute.a Cost Plus Fixed Fee Consultant Agreement for Inspection, in the amount of $10,626.00, between the Town of Southold and Calocerinos & Spina Engineers, P.C.,. for Contract AdministratiOn and Inspection during construction of the Elizabeth Field, Fishers Island, Airfield Lighting, Visual Aids & Electrical Building Contract dated December, 1991. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared dul.y ADOPTED. 24.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Sound Avenue, Mattituck, between Love Lane and Westphalia Road, Mattituck, on the following dates and times, as a safety precaution during the following public events by the Mattituck Presbyterian Church, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: . July 24, 1992, between 6:30 P.M. and 9:30 P.M., during the public concert, "Voices in Praise". August 8, 1992, between 9:00 A.M. and 3:00 P.M., during the Annual Country Fair and Auction. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris This resolution was declared duly ADOPTED. 25.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their appointment, on June 16, 1992, of Lisa Dell as a first year Lifeguard, whereas Ms. Dull has advised the Town she cannot serve as a Lifeguard this year. ~ 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, ~ Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.I This resolution was declared duly ADOPTED. ' JUNE 30, 1992 33 26.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kyle Andresen as a Lifeguard (1st year) for the 1992 summer season, effective immed- iately, at a salary of $7.42 per hour. 26.-Vote of the Town Board: Ayes: Council'woman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the folloWincj budcjet modification to the General Fund - Whole Town 1992 Budget to appropriate Park & Recreation funds for the restroom facility at Southoid Town Beach: To; · Revenues: A2025 Special Recreation Facilities $ 22,614.00 Appropriations: A7110.2 Parks, Equipment $ 22,614.00 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Indemnification Agreement between the Town of Southold, Office for Women, and Women's Outreach Network, Inc. for a Mammography Program to be conducted in the Women's Outreach Network, Inc. van at the Southold Town Recreation Center property, Peconic Lane, Peconic, on July 16, 1992, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured, and subject to the approval of the Town Attorney. SUPERVISOR HARRIS:-" There's a discussion on this first. Town Attorney Harvey Arnoff had looked into this, and were you satisfied? TOWN ATTORNEY ARNOFF: Satisfied with the agreement, and also the nature of the insurance. There's no problem. They're covered. SUPERVISOR HARRIS:. It's very important for the town, and I know you wanted to make sure that it was put in the proper procedure 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,. Counci'lman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby closes the metal dump on Fishers Island effective Auc~ust 1, 1992. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved bY Supervisor Harris,' seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Town Acjricultural Advisory Committee,· to consist of 12 members, who shall serve a two (2) year term (initial appointments shall be six (6) for one (1) year and six (6) for two (2) years); the members to serve without compensation; and be it further RESOLVED that the Agricultural Advisory Committee is hereby created for the followin~ purpose: To advise the Town Board on matters related to the agricultural industry in order to fully promote a viable agricultural industry with Southold Town. 30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman .Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 31.-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 individuals to serve on the newly created Southold Town Agricultural Advisory Committee. 31.-Vote of the Town Board: Ayes: Councilwoman Hus~ie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilman Wickham, seconded by Jus~tice Edwards, it was RESOLVED that the application of Alphenic Martin (formerly Estate of Samuel Brown)· for the renewal of her single family house trailer permit, for trailer located on the west side of Tuthill Road, Cutchogue, which permit expires on July 15, '1992, be and hereby is granted for a six (6) month period. 32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED.- SUPERVISOR HARRIS: While we're on Number 33 some~t~me ago· as the Board knows, we had a public hearing in front of the people of Southold Town a "Local Law in Relation to Shellfish". YVould the Town Board like to act now on that public hearing, that we had? There has been a number of new insertions to the proposed law, including modifications, some changes from within the State of New York Department of Environmental Conservation. Changes that were made during the time frame, when we held our public hearing, and I'd like to move in the negative the adoption of that "Local Law in Relation to Clams" based on the information that we received from the Trustees, and also from the Conservation Advisory Council, the Shellfish Advisory Committee, and also based on residents throughout this community, and their input to this Board. COUNCILMAN PENNY: You're moving not to adopt this? SUPERVISOR HARRIS: I'm moving to reject the Local Law as proposed to us. 33.-Moved by Supervisor Harris, seconded by Councilman Penny, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 20th day of May, 1992, a proposed Local Law entitled, "A Local Law in Relation to Clams"; and WHEREAS, a public, hearing was held on the aforesaid proposed Local Law on the 2nd day of June, 1992, at which time all interested persons were g'ven an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby rejects "A Local Law in Relation to Clams", which reads as follows: A Local Law in Relation to Clams BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 77 (Shellfish) of the Code of the Towr~ of Southold is hereby amended as follows: 1. Section 77-205 (D) (Clams) is hereby amended as follows: D. A permanent resident, taxpayer, a temporary resident' or a guest accompanied by a permanent resident may not take more than one i~e~l-~00~-et~ms one-half bushel of clams fro~ town· waters in one (1) day for noncommercial purposes. . 2.Section 77-205 (E) (Clams) is hereby amended by deleting the existing (E) which reads as follows: E. ~- ~ ~ ~ e - ~H~ ~,~ ~ e- ~- ~ ~a~ - ~ ~ k~ 3.Section 77-205 {El {Clams) is hereby amended by adding a ne~ {El which reads as follows: E. There shallbe no limit on the number of hard ~nd soft clams that- can be tsken from town waters for commerciam purposes. il. This Local Law shall take effect upon its filin9 .with ~he Secretary of State. * overstrike indicates deletion. ** underscore indicates addition. 33.-Vote of the To~n Board: Ayes: Councilwoman Hussie, Councilmsn Lize~ski, Councilman Wickham, Councilman Penny, Justice Edwards, SUpervisor -This resolution was declared duly .ADOPTED. SUPERVISOR HARRIS: In doing this resolution, rejecting the Local Law change, that was before the Town, it's hoped that the next submission will be one that is more prudent for the taxpayers of this town in relation to the services that this shellfish industry does provide for tourism in our local economy, and also, that the modifications that will be coming from the 'Town' Board of Trustees, and future actions will also have input from the all the various organizations, which I mentioned earlier before this Board then receives a new proposal to act upon. Thank you. The Town Board of the Town of S0uthold adds to the names for matrons in the Town of Southold. These individuals who handle female prisoners up at our jail from time to time. There are a number of times we _are shorthanded, and I'd like to add two names, hiring them to the matron list. 34.-Moved by Supervisor Harris, seconded by Councilman Penny, it was. RESOLVED that the Town Board of the Town of Southold hereby appoints Joanne Nethercott and Julia L. Kibler as Matrons for the Southold Town Police Department, effective immediately, at a salary of $7.72 per hour (minimum of $16.00 per call). 34.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards~ Supervisor Harris. This resolution was declared duly ADOPTED. 35.-Moved by Supervisor Harris, seconded by Councilwbman~Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby abolishes one (1) Buildinq Inspector position, effective July 30, 1992. 35.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We have two public hearings on for this afternoon. .The first public hearing for the afternoon is a question of acceptance of acquisition by the Town of Southold for the purchase of property known as Mattituck Holding Corporation. For some time this Board has been working towards a resolve for the purchase of this property in conjunction with monies that were obtained years ago from a grant from the New York State Parks, Recreation, and Historic Places. I need a motion to recess to go into public hearing. Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that a recess be called at 'this time, 4:30 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Reconvened at 5:07 P.M. SUPERVISOR HARRIS: We have finished our regular agenda. Would like to entertain moving on. the first public hearing in reference to purchasing the open space at Mattituck? I need a motion, and a second to exercise the option to purchase a parcel known as Mattituck Holding Corp. with Open Space Preservation money, as well as subject to, the availability and acceptance of New York State Parks, Recreation, and Historic Places matching funds. 36.-Moved by Councilman Penny, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold entered into an option agreement with Mattituck Holding Corporation for the purchase of their 1.6 acres of land located on the easterly side of Luther's Road, Mattituck, Tax Map No. 1000-99-4-1, for a purchase price of $450,000 ($225,000 Town Open Space Funds; $225,000 New York State Grant Funds); and WHEREAS, the Town Board held a public hearing with respect to said option on the 30th day of June, 1992, pursuant to the provisions of Section 59-4(C).of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the aforesaid lands set forth in said option agreement between Mattituck Holdinc~ Corporation and the Town of Southold; now, therefore, be it RESOLVED that the Town Board hereby elects to exercise the option to purchase the property of Mattituck Holding Corporation; and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Mattituck Holding Corporation; and BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized and directed to execute any and all documents for the acceptance of said development rights. 6 JUNE 30, 1992 COUNCILMAN PENNY: Discussion on it? Harvey, at what point in time is it appropriate for us to address covenants, and restrictions? TOWN ATTORNEY ARNOFF: During the acquistion process. There's no problem. There's going to be a time between now, execution of the contract, obtaining of the title report, and actually getting the funds together to close. So we have four to six weeks at least to address those issues, so we certainly can do it in the intervening time. COUNCILMAN PENNY: I would just like some certainty then in voting for this proposal, which I'm very happy to do, that we're guaranteed of having this follow up discussion, so that the concerns of the public can be met. TOWN ATTORNEY ARNOFF: I certainly will see to it, that it's put. on for discussion at a Town Board meeting. 36.-Vote of the Town Board: Ayes: Councilwo,man Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'm absolutely, positively delighted to vote in the affirmative for the purchase of this piece of property. I'd like to congratulate the Town Board before moving on to the second public hearing, Local Law, to act on that. I'd like to congratulate this Board, and the previous Boards for the work that t~.ok place. This Board in particular has moved to try to follow through what the previous Boards had started, and tried to acheive, and it certainly is a credit to' the Town of Southold, that we continue with the quality of life and our rural heritage is protected, When it comes to our waterways, and those who would provide recreation to the town, such as the Town of Southold does, for tourist indu, stry, which as we all know is the life blood of the Town of Southold. So on behalf of myself, as Supervisor, I'd like to congratulate this Board, for all the people who supported this, and let's move on with some other projects, I hope that wil, l be of the magnitude that this one will be, and we hope that we'll be able to acheive what the people of Southold particularly the residents of Mattituck would like to see done wi-th this property for future use. JUSTICE EDWARDS: I~'d like to comment on that. I did vote in the affirmative on this parcel, only with the understanding that the Town' Board is going to very seriously look into a piece of property on Fishers Island, I've been refused on several occasions. Money from the Farmland Preservation/Open Space, we have contributed close to $300,000.00 to the Town's program. We have not received one penny on Fishers' Island. There's one parcel over there, close to four acres, thatwc~ve been working on. We just keep getting a no, no, no. So, I was going to vote no on this. I'll bring to the point, put it on the record, that I did vote yes, and I hope that the Town Board does expedite this Open Space money for- Fishers Island. Thank you. SUPERVISOR HARRIS: Thank you, Judge. Would the Board like to entertain the second public hearing of the afternoon? 37.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 16th day of June, 1992, a proposed Local Law No. 13 - 1992 entitled, "A Local Law in Relation to Peddlers & Solicitors"; and WHEREAS, a public hearing was held on the aforesaid proposed Local law on June 30, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local law No. 13 - 1992, which reads as follows: LOCAL LAW NO. 13 - 1992 A Local Law in Relation to Peddlers & Solicitors BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 69 (Peddlers & Solicitors) of the Code of the Town of Southold is hereby amended as follows: 1. Section. 69-14 (Nonapplicability of other provisions) of the Code of the Town of ~outhold is hereby deleted in its entirety. II. This Local Law shall take effect'upon its filing with the Secretary of State. 37.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards p Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Before I proceed to adiourn, are there any members of the audience, that would like to speak to the Board in reference to any matterr that you feel may be of mutual concern to our Township? (No response.) If not, are there any members of the Board that would like to speak in reference to any subiect matter? (No response.) I'll entertain a motion to adiourn. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:'12 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry ~ Southold Town Clerk