Loading...
HomeMy WebLinkAboutTB-10/08/1992141 SOUTHOLD TOWN BOARD OCTOBER 8. 1992 A Special Meetin9 of the Southold Town Board was held on Thurday, October 8, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:15 P.M. The following Town Board members signed a Waiver of Notice of Town Board Meeting: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Couhcilwoman Alice J. Hussie. Present: Supervisor Scott L. Harris Councilman George L. Penny IV Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Moved by Councilman Penny, seconded by Councilman Lizewski, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law Amendin9 Local Law No. 16 - 1992 in Relation to Electinq a Retirement Incentive Program as Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the Town of Southold"; now,therefore, be it RESOLVED that the Town Board hereby sets 4:32 P.M., Tuesday, October 20, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law, which reads as follows, to wit: LOCAL LAW NO. - 1992 A Local Law Amending Local Law No. 16 - 1992 in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the Town of'Southold BE IT ENACTED by the Town Board of the Town of Southold as foll°~Vs: I. Local Law No. 16 of the year 1992 of the Town of Southold entitled, "A '~ Local ,. Law in Relation to Ele:ctJng a iRetirement Incentive Program as ~:Authori,zed by Chapter 64!3, '.EawS of, 1992, for Eligible Employees:of the Town of SoUthold", is hereby amended as follows: 1. Section 3. is hereby amended to read as follows: Section 3. The open period, during which eligible employees may retire and receive the additional retirement benefit, shall be -Se- 90 days in length. II. This Local Law shall take effect immediately, Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Supervisor Harris. This resolution was declared duly adopted. On motion of Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that this Special Town Board Meeting be adjourned at 4:20 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Lizewski, Judith 3'- Terry Southold Town Clerk 142 SOUTHOLD TOWN BOARD OCTOBER 6. 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 (12:55 P.M.), Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:45 P.M. - Glen Moeller and his associate Dan Brisotti, from The North Fork Early Learning Center, met with the Board to request that they continue their current $12,200 funding in 1993. They have built their operating budget around the Town funding for the past five years, and without that money they would be required to raise the tuition $56 per month. Mr. Moeller also asked the Board to make a commitment to providing space for The Early Learning Center in the proposed new Human Resource Center in Mattituck. Supervisor Harris advised Mr. MOeller that no promise was made to him to have space in the proposed center. This matter will be addressed after acquisition of the building and assessment of the Town's needs. Mr. Moeller said he was under the impression there is $50,000 left in 1992 Community Development funds for renovation of the garage building on that property for use by his center. The Board advised him of the public informational meeting to be held at 8:00 P.M. this evening to receive public input concerning the acquisition of the proposed North Fork Bank mortgage/computer center, at which time he might wish to voice his concerns; as well as a public hearing to be held just prior to that on the proposed allocation of 1993 Community Development funds. EXECUTIVE SESSION - 10:35 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, Councilwoman Hussie.-.--The Board interviewed Carlton Russell, applicant for a vacancy on the Board of Appeals who had been unable to meet with the Board when they conducted interviews at an earlier date.---The Board also met with James Reynolds and James Hagny, Special Counsel to the Town in the matter of the Victor Lessard litigation. 12:20 P.M. - For Discussion Items: (1) Decision on appointment to vacancy on the Board of Appeals - discussed in Executive Session at 3:00 P.M. (2) Board approved the specifications for improvements of the Fishers Island School District tennis courts, and the Town Clerk will advertise for bids. (3) Proposal for engineering report on the heating/ventilating/air conditioning piping leaks at Town Hall from E.S. Kalogeras, P.E., Consulting Engineer. This will be discussed with Commissioner of Public Works Jacobs when he meets with the Board after lunch. (4) Proposal to file a negative declaration and set a public hearing on the Gasser/Armoured Foundation change of zone proposal was held in abeyance until Town Attorney Arnoff communicates with the Board's consultant, Charles Voorhis, to be certain there is no environmental concern with fuel or oil residue in the equipment on display on the subject property. Will be discussed again after lunch. OCTOBE. 6, 1992 14 3 (5) Suffolk County's "Fast Track" program will be discussed by Councilman Lizewski after the lunch break. 6) Fishers Island Metal Dump will be discussed with Commissioner of Public Works Jacobs after lunch. (7) Scavenger Waste Treatment Plant expenses and Wastewater District 1991 audit wil be discussed at next meeting at which time Elaine Kaldor, CPA, will be present. (12:55 P.M.-Councilman Lizewski arrived at the work session). (8) Councilman Lizewski explained the groundwater that is being done by the Youth Board members, Chairperson Mary Ann Fleischman, and himself to arrange a workshop with groups from the community to determine the needs of the Town's youth. A further item under this same subject was the replacement of certain Youth Board members who have graduated from high school or no longer attend the meetings (see resolution no. 22). (9) Letter from Calocerinos & Spina Engineers, P.C., the Town's consulting engineers on the Elizabeth Field Airport Airfield Lighting, Visual Aids and Electrical Building project, citing the contractor's potential delay claim for the change in the Runway 30 REIL location. C&S expressed their opinion why the claim's not warranted and the Town Board concurred. The Town Clerk will convey the Town Board's concurrence to C&S. (10) Four proposed Local Laws in regard to the Zoning Code were presented to the Town Board from Assistant Town Attorney Kiernan. These proposed laws had been discussed at great length by the Legislative Committee and are ready for the process required to bring them to a public hearing (see resolutions 23 - 27). (11) Request from CSEA President Lois Atkinson to replace certain CSEA representatives on the 1992 Labor Management Committee (see resolution no. 28). 1:05 P.M. - Recess for lunch. 1:15 P.M. Work Session reconvened. All Town Board members present, Town Attorneys, Town Clerk, Superintendent of Highways Jacobs and Solid Waste Coordinator Bunchuck.---Discussion was held with regard to proposals to repair leaking HVAC pipes at Town Hall (for discussion item 3). Proposals have been received from E.S. Kalogeras, P.E., Consulting Engineers, and Fogarty Electric & Refrigeration Co. Mr. Jacobs as asked to secure a third proposal for consideration by the Board. (Item 6 for discussion) Fishers Island Metal Dump. Councilwoman Hussie submitted a draft of a proposed letter to Robert Mitrey, NYS-DEC, giving a broad outline of the Town's approach for removing metal from the site for recycling, as well as other material for disposal. After reviewing the draft, it was agreed that Councilwoman Hussie would review the problem with Dvirka & Bartilucci, the Town's consultant on solid waste management, before communicating with the DEC. (Item 4 for discussion) Gasser/Armoured Foundation change of zone petition. Town Attorney Arnoff advised he had been assured by Charles Voorhis, the Town's consultant, that there is no environmental concern with respect to fuel or oil residue in the equipment on display on the property. The Board then placed resolutions 31 & 32 on the agenda to issue a Negative Declaration, and set a public hearing on the petition. (Item 5 for discussion) Suffolk County "Fast Track" Advisory Committee. The purpose of the Fast Track program was discussed thoroughly, as was a letter from the Suff61k County Department of Economic Development asking for names of private sector professionals and/or developers to serve on a separate advisory panel to assist in efforts to expedite appropriate projects. It was the decision of the Town Board to advertise for volunteers from the community to serve on this committee, and resolution no. 33 was placed on the agenda to authorize the Town Clerk to do so. EXECUTIVE SESSION 3:00 P.M. - On motion of Justice Edwards, 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 Board discussed an increased for a pre-trial appraisal in a certiorari case (see resolution no. 34), ,:~appointment to the vacant position on the Board of Appeals (see resolution no. 35), contract negotiations, possible acquisition of property, Mellas disciplinary hearing adjournment to November 5th (see resolution no. 36), engage the services of a physician (see resolution no. 37). 5:10 P.M. - Work Session adjourned. REGULAR MEETING A Recjular Meeting of the Southold Town Board was held Tuesday, October 6, 1992, at the Southold Town Hall, Main' Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 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 ~ssistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: The first order of business is the audit of the bills from October 6, 1992. I need a motion. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $39,128.31; General Fund Part Town bills in the amount of $27,741.98; Nutrition Fund bills in the amount of $1,665.54; Adult Day Care bills in the amount of $67.05; SNAP Program bills ir~ the amount of $1,709.12; EISEP Program bills in the amount of $98.40; Highway Fund Whole Town bills in the amount of $8,268.81; Highway Fund Part Town bills in the amount of $64,502.30; Ag Land Development Rights bills in the amount of $6,071.00; Hydrogeolic Landfill Study bills in the amount of $17,827.60; Scavenger Waste Facility bills in the amount of $28..622.37; Employee Heath Benefit Plan bills in the amount of $33,728.63; Fishers Island Ferry District bills in the amount of $103,625.46; Fishers Island Sewer District bills in the amount of $1,684.50; Southold Agency & Trust bills in the amount of $9,791.88; Fishers Island Ferry District Agency & Trust bills in the amount of $677.70. 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: I need a motion to approve the minutes of the September 22, 1992, regularly scheduled Southold Town Board meeting. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED.that the minutes of the Town Board meeting of September 22, 1992 be and hereby approved. 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: I need a motion to approve the minutes of the October 1, 1992,Special Town Board meeting Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the minutes of the Special Town Board meetincj of October 1, 1992, be and hereby approved. 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: I need a motion to set the next Town Board meeting on October 20, 1992, at 4:00 P.M. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the next rec~ular meetincj of the Southold Town Board will be held at 4:00 P.M., Tuesday, October 20, 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° 2. 1992. 3. 4. 5. 6. 7. 8. 9. 1992. 10. 11. 11. PUBLI Southold Town Trustee's Monthly Report for August, 1992. Southold Town Building Department Monthly Report for September, Southold Town Clerk's Monthly Report for September, 1992. Southold Town Dog Shelter Report for September, 1992. Lawrence Healthcare CSEA Benefit Report for September, 1992. Lawrence Healthcare PBA Benefit Report fo September, 1992, Supervisor's Budget Report for August, 1992. Southold Town Planning Board Monthly Report for September, 1992. Southold Town Justice Tedeschi Monthly Court Report for September, Councilmen's Reports. Supervisor's Report. C NOTICES. 1. New York State Assembly, Notice of joint public hearinq of Ways and Means, and Environmental Conservation, to examine New York State Assembly Bill A.7613-C to create an Envrionmental Trust Fund, on October 22, 1992, 11:00 P.M., at Long Island Veteran's Nursing Home. 2. Notice of Weatherization Workshops sponsored by LILCO and Suffolk County Community College on Thursday, October 22, 1992, at 7:30 P.M. and Saturday, October 24, 1992 at 10 A.M., at Suffolk Community College, Smith- town Building, Selden, New York. Preregistration required. III. COUMMUNICATIONS. 1. Emerson Hasbrouck, Cooperative Extension Agent, Marine Program of Cornell Cooperative Extension, thanking Supervisor Harris for his participation in the 1992 Peconic Bay Extuary Conference. 2. Michael J. Caracciolo, Suffolk County Legislator regarding the August 25, 1992 public hearing sponsored by the County Executive on the 1993 proposed operating budget; IV. PUBLIC HEARINGS. 1: 8:00 P.M., Public hearing to solicitVcitizens' ideas on community Development Program funds. 2. 8:05 P.M., on the question of acquisition of North Fork Bank's former mortgage/computer center for a'new Human Resource Center for the Town of Southold. V. RESOLUTIONS 1.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby 'authorizes Town Justice Raymond W. Edwards to attend Justice Traininq School at the Nevele Hotel, Ellenville, New York on October 19, 20, 21, 1992, and the necessary expenses for registration, meals, lodging and travel shall be a legal charge against the Town Justice 1992 Budget. 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 Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and dt~_e,L---t~- the Town Clerk to advertise for bids for the removal and disposal of Household Hazardous Wastes and the Sale of Scrap Tires during 1993. 2o-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a grant agreement between the U.S. Department of Transportation, Federa Aviation Administration and the Town of Southold for Engineering Design for Runway 7-25 Overlay, Elizabeth Field Airport, Fishers Island, in the amount of $45,900, all in accordance with 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 Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Rosemary Wysocki as a Day Care Driver for one (1) hour each day, at a salary of $10.00 per hour, and Ann Schmidtchen as a Van Attendant for the Day Care van for one (1) hour each day, at a salary of $10.00 per hour, both effective immediately; salaries to be covered through the Nassau/Suffolk Alzheimer's Association grant and the Long Island Alzheimer Foundation grant, and charged through A6772.1. 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. 5.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the application of Sophie T. Saunders for renewal of her single family house trailer permit, for trailer located on the north side of the Main Road, Laurel, which permit expires on October 7, 1992, be and hereby is 9ranted for a six (6) month period. 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 Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby deter- mines that the Fishers Island Sewer District rent owned by Thomas Shillo, in the amount of $2,100.00 for the year 1992, which rent remains unpaid, shall be levied against the real property of Thomas Shillo, and shall be collected at the same time and in the same manner as Town taxes. 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 Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southotd hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. ONE to the Federal Aviation Administration for $113,020.65 for the Elizabeth Field Airport, Fishers Island, Airfield Lighting project, all in accordance with the recommendation of Calocerinos & Spina, the Town's engineers for the project. 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 Councilwoman Hussie, it was RESOLVED that the Twon Board of the Town of Southold hereby approves, and authorizes Supervisor Scott L. Harris to execute, the Lump Sum Consultant Agreement for engineering design services by Calocerinos & Spina Engineers, P.C., for services associated with the construction of a bituminous overlay on Runway 7-25 (1940' x 75') at Elizabeth Field Airport, Fishers Island; said lump sum fee in the amount of $48,982.00; all in accordance with the approval of the Town Attorney. 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. 9.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $2,115.00 (47 tickets at $45.00 each) for the June, 1993 Pocono 500 NASCAR ~ace' check made payable to Pocono Inter- national Raceway; charge to be made to A7320.4, Joint Youth, Contractual Expenses. 9 -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10 10 -Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Allie M. Hansen as a part-time Gate Attendant at the Southold Town Landfill, effective immediately, at a salary of $6.25 per hour. -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 11 -Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for 5,000 cubic yards of Screened Sand for the Superintendent of Highways. -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 Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Prohibited Parking ; now, therefore, be it RESOLVED that the Town Board hereby sets 4:30 P.M., Tuesday, October 20, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 in relation to said proposed Local Law, which reads as follows: ^ Local Law in Relation to Prohibited Parking BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended by adding thereto the following: 1. Article IV, Section 92-41 (Parking prohibited at all times.) is hereby amended by adding thereto the following: Name of Street Side Location Depot Lane West At Cutchogue, starting at the intersection of New York State Route 25 and extending northerly for a distance of 360 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. 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. 13.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the applications of Richard T. Girards, President of Wolf Pit Nurseries, Inc., for renewal of his two (2) office trailer permits, for trailers located at Wickham Avenue, Mattituck, which permits expire on October 7, 1922, be and hereby are granted for a six (6) month period. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budget to cover the purchase of basketballs for the 1993 Southold Town Men's Basketball League: From: A7620.4 Adult Recreation, Contractual Expenses $ 600.00 To: A7150.4 Sport Program, Contractual Expenses $ 600.00 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby c3rants permission to the Board of Commissioners of the Fishers Island, Ferry District to accept the bid of Thames Shipyard & Repair Co., New London, Connecticut, the lowest bidder, for drydocking the MV RACE POINT, at a bid of $15,210.00, plus $50.00 each for sacrificial anodes (zincs) and for the following supplemental items as may be found necessary, or required by the U.S. Coast Guard, when the vessel is examined on drydock: (1) Remove and replace shafts - $1,800.00 per shaft; (2) Renew hull plating - $35.00 per hour, $.50 Id. steel; (3) Renew port strut bearing - $1,800.00; and be it FURTHER RESOLVED that the Board of Commissioners be and hereby are authorized to enter into a contract with Thames Shipyard & Repair Co. to accomplish the aforesaid work all in accordance with the 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 Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq budget modification to the General Fund - Whole Town 19.92 Budget to cover overdrawn line items: To: A7180.1 Beaches, Personal Services $ 100.00 From: A1910.4 Insurance, Contractual Expenses $ 100.00 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Penny, seconded by Justice Edwards, t was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq 1992 Budget modification to the General Fund - Part Town to cover expenses relating to the Zahra action: To: B1420.4 Town Attorney, Contractual Expenses $ 2,500.00 From: B1989.4 Funded Deficit, Contractual Expenses $ 2,500.00 17.-Vote of thejTow~n Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-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 modification to the Fishers Island Ferry District 1992 Budget to cover overdrawn line items and anticipated needs: To: Revenues: SM.909 Appropriated Fund Balance $~300,200.00 Appropriations: SM.1950.4 Property Tax, Contractual Expenses $ 200.00 SM.5610.4 Elizabeth Airport 300,000.00 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.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc3 1992 Budget modification for the Consolidated Local Street and Highway Improvement Proc. tram (CHIP's) to appropriate 1992 grant: To: Revenues: DB1.3501 Consolidated Highway Aid $ 10,000.00 Appropriatons: DB1.5112.2 CHIPS Capital Outlay $ 10,000.00 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman I_izewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. OCTOBER 6, 1992 149 20.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfer with the 1992 Highwa¥ Budget: From: DA.9010.8 NYS Retirement $ 609.90 To: DA.5140.1 Weeds Brush/Miscellaneous $ 609.90 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 Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James A. Richter as Enqineering Inspector, from the Suffolk County Department of Civil Service Certification of Eligibles List, effective October 7, 1992, at a salary of $34,288.82 per annum (current salary on CSEA contract as of 7/92). 21 .-Vote of the Town Board: Ayes: Council~an'.Lizewski, Councilman Penny;-'Justice Edwards, Supervisor Harris. Abstain: Councilwoman Hussie, Councilman Wickham. This resolution was declared c:uly ADOPTED. 22.-Moved by Councilman Wickhar~, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby removes the followinc~ individuals, who no Ionc~er participate or have c~raduated from hic. th school, from the Southold Town Youth Board: Janet Grefe, James Bradberry, Stephen Kohl, Marie Tillistrand, Cynthia Kumelos, Barbara Christina, Stuart Ross, Kymberly Watz, Erick Olson, Jim Christy, Kevin Lynch; and be it FURTHER RESOLVED that .the Town Board hereby appoints the following indivi- duals to the Southotd Town Youth Board: Christina Goldsmith, Youth Representative, Greenport School District Helen Coster, Youth Representative, Mattituck School District Gall Horton, Representative of C.A.S.T. Henry Santacroce, Jr., Representative, Southold Town Juvenile Aid Bureau 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 Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.1(~', and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be n(~ significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Accessory Buildings", which amends Chapter 100 (Zoning) of the Code of the Town of Southold, and provides that in the case of a waterfrOnt parcel, accessory buildings and structures may be located in the front yard, provided such buildings and structures meet all other requirements of this chapter. This proposed amendment has been determined .not to have a significant effect on the environment because an Environ- mental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the amendment be implemented as planned. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Accessory Buildinqs"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: 150 OCTOBER 6, 1992 A Local Law in Relation to Accessory Buildings BE IT ENACTED, by the Town Board of the Town of Southold ~s follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-33 (Accessory Buildings) is hereby amended by adding thereto Subsection C to read as follows: C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided such buildings and structures meet all other requirements of this chapter. II. This Local Law shall take effect upon its filing with the Secretary of State. *Underscore represents addition(s) 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 Justice Edwards, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Siqns"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planninq Board and the Suffolk County Department of Plannin9, all in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Signs BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code fo the Town of Southold is hereby amended as follows: 1. Section 100-201(B)(2) (Applicability; permit required; application; approval; fees) is hereby amended to read as follows: 2. Maintenance: Painting, cleaning and other normal maintenance and repair of a sign or a sign strucutre, unless a structural change is made. o~ ~:he~e i~ a ¢l~a~-~ge i~ mes~s~:3e-. II. This Local law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Setback Requirements"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to tranmit this proposed Local Law to the Southold Town' Plannin9 Board and the Suffolk County Department of Plannin9, all in accordance with the Code of Law the Town of Southold and the Suffolk County Charter. Said proposed Loca reads as fo'llows, to wit: A Local Law in Relation to Setback Requirements BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section I00-239.4(A) (Building setback requirements adjacent to water bodies and wetland) is hereby amended to read as follows: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings located on lots adjacent to t-stend Sou~ sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all building located on lots adjacent to I-s-t~n-d Sot~f~ sounds shall be set back not less than oen hundred (100) feet from the ordinary high-water mark of L-or~ ~-s~ SotJ~nd said sound. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) ** Overstrike represents deletion(s) 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. OCTOBER 199 15 1 27.-Moved by Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, there ahs been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Special Exception Uses"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Planning Board and the Suffolk Count,/ Department of Planning, all in accordance with the Code of the Town of Southotd and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Special Exception Uses BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-261 (Special exception uses; approval required) is hereby amended to read as follows: There is hereby created a category of land use approval to be known as "special exception uses". Said uses may not be commenced,created, undertaken, carried out or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall ha~fe bee~ be granted for the use e+t~r by ~he-~ta~'~i~3--Bo~d, the Zoning Board of Appeals or tt~e Town-BoaPd, according to the provisions for the particular special exception use set forth in the Article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the use as being either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the reuqired special exception approval shall, have been granted for the same and the conditions imposed in such approval as prerequisites to a building permit, if there be any, have been met.. Il. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrike represents deletions. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared du y ADOPTED. 28.-Moved by Councilman Wickham, ~econded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 48, adopted at their organizational meetin9 on January 3, 1992, establishing the 1992 Labor Management Committ-ee,by~ repladng CSEA Committe members as follows: Betty Wells, former CSEA President, Curtis Horton, and Douglas Clark are replaced by Lois Atkinson, President, CSEA, Southold Town Unit, Paul Gratten, and Linda Cooper. (alternate: Christine Stulsky). 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared du y ADOPTED. 29.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the ~Town Board of the Town of Southold hereby accepts a $35,035.00 Letter of Credit from Frank A. Cichanowicz, III for his major sub- division of "Wild Oats", located at Indian Neck Lane, Peconic, which Letter of Credit is a two (2) month extension to December 7, 1992 of his current Letter of Credit which expires on October 7, 1992, said extension all in accordance with the recommendation of the Southold Town Planning Board. 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. 1 5'2 OCTOBER 6, 1992 30.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town Baord of the Town of Southold hereby ~trants permission to the Cutchoque Fire Department to use Depot Lane and New Suffolk Lane for their annual Halloween Parade to be held at 6:00 P.M., Friday, October 30, 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. 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 Councilman Penny, seconded by Justice Edwards, WHEREAS, William F. Gasser and The American Armoured Foundation, Inc. has heretofore applied to the Southold Town Board for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District {"HB"); now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of William F. Gasser and The American Armoured Foundation, Inc.; and be it FURTHER RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law the Town Board has determined that the proposed action will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared; and be it FURTHER RESOLVED that this determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Part I and II, and the following specific reasons: 1. The project has been evaluated through a Long EAF Part III which discusses in detail environmental and planning aspects of the project. 2. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons: soils are conducive to leaching, topography is flat, there is not significant vegetation, wetlands or wildlife habitat on site. 3. The proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. 4. Land use and zoning issues are a local as opposed to a regional considera- tion, and measures are available to reduce impact upon the community. 5. The use would be subject to a site plan approval by the Planning Board if the zoning is changed to Ham'let Business ("HB") in accordance with Chapter 100-91A of the Southold Town Code. 31.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Justice Edwards, seconded by Councilwoman Hussie, WHEREAS, William F. Gasser and The American Armoured Foundation, Inc., by petition received on July 23, 1992, applied to the Town Board of the Town of Southold for a change of zone on certain property located on the northeasterly side'of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"), said property bounded and described as fol-iows: All that certain plot, piece or parcel of land, wit, h the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the north- westerly side of property of the Long Island Railroad Company and from said point of beginning: RUNNING THENCE northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; RUNNING THENCE along the land now or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.64 feet; RUNNING THENCE along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; RUNNING THENCE northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; RUNNING THENCE South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long ~ Island Railroad Company; RUNNING THENCE along land of the Long Island 6, 992 1 5 3 Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid the point or place of BEGINNING; and WHEREAS, the Southold Town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, November 10, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone, at which time any person desiring to be heard should appear at the time and place above so specified; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuance to the requirements of law. 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. 33.-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 private sector professionals and/or developers to serve as volunteers on Suffolk County's Fast Track Advisory Panel, which has been created to promote economic development by working with the various permitting agencies, which are involved in the application review and approval process, thuse identifying and mitigating any obstacles which may currently cause delay in the expansion of existing businesses or establishment of new businesses. 33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 34.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase in the pre-trial appraisal fee from $1,000.00 to $1,750.00, in preparation for the certiorari case of William F. Claudio, Inc., property located at 111 Main Street, Greenport, Tax Map No. 1000-5-4-38.1. 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 Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Richard C. Wilton a member of the Soutl~old Town Board of Appeals, effective October 7, 1992 through December 31, 1994, at a salary of $6,686.00 per annum, to fill the unexpired term of the late Charles J. Grigonis, Jr. 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. 36.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby c, lrants an adjournment from 7:30 o'clock P.M., October 20, 1992 to 7:00 o'clock P.M., November 5, 1992, in the matter of the hearing on Disciplinary Charges against Southold Town Police Officer James P. Mellas, Shield #9. 36.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 37.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of William Healey, M.D., Orthopedic Surc~eon, to perform examinations for the Town of Southold, at a fee of $400.00 per examination; individuals to be examined shall be referred to Dr. Healey by the Southold Town Board or Chief of Police. 37.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 38.-Moved by Supervisor Harris, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of $outhold hereby engages the services of Lewis Edson, at a fee of $100.00, to conduct an appraisal at the property of Franklin Overton Rich (SCTM ~1000-74-3-24.1), located on the easterly side of Peconic Lane, northerly side of Carroll Avenue, Peconic, New York. 38.-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: At this time we will recess for a public hearing, and an informational meeting. I need a motion. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 8:00 P.M., For the purpose of holding public hearings. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution war declared duly ADOPTED. Meetincj reconvened at 9:25 P.M. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:25 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. Southold Town Clerk