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HomeMy WebLinkAboutTB-10/20/1992155 SOUTHOLD TOWN BOARD OCTOBER 20, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice 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 Clerk Judith T. Terry. Absent: Justice Raymond W. Edwards - attending Justice Training School. 9:45 A.M. - For Discussion Items: (1) Request for refund of subdivision application fee (see resolution no. 18). (2) Request from North Fork Housing Alliance, Inc. for an exemption from payment of landfill tipping fee (see resolution no. 19). (3) Authorize Supervisor to sign Contract of Sale with North Fork Bank & Trust Company for proposed Human Resource Center was held for discussion with Attorney during afternoon executive session, at which time resolution no. 31 was placed on the agenda. (4) Councilwoman Hussie led a discussion with regard to Dog Shelter policies and procedure. She asked the Board how long the Town should finance the stay of a dog at the shelter beyond the mandatory five days? The Board placed this discussion on hold until later in the morning so they could move forward with previously scheduled appointments. 10:15 A.M. - Richard MacMurray, Cross Sound Ferry, met with the Town Board to discuss his proposal to open a Cross Sound Ferry terminal in Napeague in the Town ,-of East Hampton. The site, a former fish meal factory, is owned by the State of ,New York, and he is seeking to lease the site from them. Mr. MacMurray stated he already has Interstate Commerce Commission rights, to run to the South Fork. He submitted copies of petitions with thousands of signatures of individuals in favor of the proposal. A survey conducted by this company has determined that 40% of their customers go to the South Fork at the present time, and he would reroute two of his existing ferries there, and the three remaining would continue to run to Orient Point. Councilman Penny asked Mr. MacMurray for a guarantee that the 40% reduction would .not increase ~ver the years. Mr. MacMurray said he would come back in four weeks with proposals, of how they can reduce the traffic impact on the North Fork, which has increased from 100,000 vehicles in 1982 to an estimated total of 300,000 in 1992. The Board agreed to issue a resolution of support fora proposed new terminal in Napeague in the Town of East Hampton (see resolution no. 20). EXECUTIVE SESSION 10:45 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, ~Zouncilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan', Town Clerk Terry, Accountant John Cushman.---The Board met with their C.P.A. Elaine Kaldor, to discuss the statement of expenses with adjustments and questioned costs for the $outhold Wastewater Disposal District for January 1 - December 31, 1991. 11:40 A.M. - For Discussion Items (continued) (4) Dog Shelter policies. The Board discussed the cost for Dog Shelter services, the question of providing for spaying and neutering of dogs and cats with owners permission, and the majority agreed the Town would be fiscally responsible for impoundment of a dog for 30 days. Councilwoman Hussie will draft a policy for consideration at the Board's November 10th work session. (5) The Board reviewed a memorandum from Director of Program Evaluation McMahon asking for the Board's interest in 'four parcels to be sold at auction by the County of Suffolk due to unpaid taxes. Supervisor Harris will obtain property record cards from the Assessors for these parcels and the Board will discuss this further after lunch. (6) The Town Board set 4:00 P.M., Tuesday, October 27th to interview two applicants for the vacancy on the Conservation Advisory Council. 12:40 P.M. - Recess for lunch. 2:00 P.M. Work Session reconvened and the Board continued For Discussion Items: (7) Four proposed Local Laws to the Zoning Code which have been proposed by the Legislative Committee and prepared by the Town Attorney (see resolutions 21 - 28). (8) Request from the Cutchogue-New Suffolk Park District for a waiver of landfill fees. Board denied the request. (9) Memorandum from the Planning Board asking the Town Board to take the necessary action to draw upon the Letter of Credit of Long Pond Estates, Section II if certain improvements are not completed by the expiration date of the Letter of Credit - October 29, 1992 (see resolution no. 29). (5) Jim McMahon, Director of Program Evaluation, met with the Board to discuss the properties to be sold by the County of Suffolk. After reviewing each parcel, the Town Board placed resolution no. 30 on the agenda to authorize the purchase a Flint Street, Greenport parcel .---Mr. McMahon discussed with the Town Board the Community Service Sentencing Program, and will return to the Town Board on November 10th with a proposal for work locations for the participants. EXECUTIVE SESSION 3:25 P.M. On motion of Councilwoman Hussie, seconded by Councilman Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---the Board discussed contract negotiations, litigation and personnel. 3:55 P.M. - Work Session adjourned. REGULAR MEETING A Regualr Meeting of the Southold Town Board, was held Tuesday, October 21, 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: Absent: Supervisor Scott L. Harris Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Assistant Town Attorney Matthew G. Kiernan Justice Raymond W. Edwards SUPERVISOR HARRIS: The first order of business is the audit of the bills from October 21, 1992. I need a motion. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $266,126.95; General Fund Part Town bills in the amount of $67,980.61; Nutrition Fund bills in the amount of $900.00; Adult Day Care bills in the amount of $2,755.64; Home Aide Program bills in the amount of $34.20; SNAP Program bills in the amount of $2,504.22; EISEP Program bills in the amount of $326.20; Community Development Fund bills in the amount of $2,920.00; Highway Fund Whole Town bills in ~he amount of $12,389.31; Highway Fund Part Town bills in the amount of $28,854.78; Capital Projects Account bills in the amount of $163,000.00; Ag Land Development Rights bills in the amount of $600.00; Scavenger Waste Facility bills in the amount of $261.00; Employee Health Benefit Plan bills in the amount of $6,386.68; Fishers Island Ferry District bills in the amount of $46,775.66; Southold Wastewater District bills in the amount of $26,394.84; Fishers Island Sewer D!strict bills in the amount of $1,714.29; Fishers Island Ferry District Agency & Trust bills in the amount of $658.38. Vote of the Town Board: Ayes: ~Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of the Town Board meeting of October 6, 1992. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the minutes of the Town Board meeting of October 6, 1992 be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of the Special Town Board meeting of October 8, 1992. Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the minutes of the Special Town Board meeting of October 8, 1992, be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to set a Special Town Board meeting on 'October 26, 1992, at 4:00 P.M. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that a Special Meeting of the Southold Town Board wil be held at 4:00 P.M.,. Monday', October 26, 1992, at the Southol'd Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to set the next regularly Scheduled meeting of the Town Board, on November 10, at 7:30 P.M. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the next regular meetin~l of the Southold Town Board will be held at 7:30 P.M., Tuesday, November 10, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold Town 2. Southold Town 3. Southold Town 1992. 4. Southold Town September 1992. 5. Southold Town September, 1992. 6. Southold Town August, 1992. 7. Southold Town 8. Southold Town October, 1992. 9. Councilmen's 10. Supervisor's Board of Trustees Monthly Report for September, 1992. Justice Edwards' Monthly Report for September, 1992. Recreation Department Monthly Report for September, Scavenger Waste Treatment Facility Monthly Report for Community Development Office Monthly Report for Community Development Office Monthly Report for Police Department Monthly Report for September, 1992. Developmentally Disabled Recreation Program for Repbrts. Report. 1 5 80CTOBE. 20, 1992 II. PUBLIC NOTICES. 1. New York State DEC, State Environmental Quality Review, Negative Declaration Notice of Determination of Non-Significance on proposed improvements to Plum Island Ferry Terminal at Orient Point, New York. 2. New York State DEC, State Environmental Quality Review, Negative Declaration Notice of Determination of Non-Significance on proposed improvement to the home of Louis F. Sulich located on the north side of Broadwaters Road, Cutchogue, New York I11. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 4:30 P.M., Proposed "Local Lav~ in Relation to Prohibited Parking". 2. 4:32 P.M., Proposed "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". V. RESOLUTIONS. SUPERVISOR-HARRIS: Are there any members of the audience, that would like to speak on any resolution, that the Town Board will be acting upon in the next few minutes? (No response.) 1.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $5.20 to Russell Hillman, owner of Cutchogue Development Corp., which sum represents the overpayment balance in Mr. Hillman's tipping fee account; Cutchogue Development Corp. is no longer in business. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southoid hereby reappoints the followinq individuals to the Southold Town Substance Abuse Committee, effective October 24, 1992 through October 24, 1993, they to serve in said position without compensation: Jean W. Cochran, Chairperson Henry Santacroce, Jr. Beth Wilson Thomas Rabbitt- Kathleen McKeighan-Simpson Dr. Rory Simpson Myles Schneider Dr. Helen C. Price Elizabeth MacNish Cynthia Kumelos 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the application of Jacqueline B. Moeller for renewal of her sinqle family house trailer permit, for trailer used for housing employees at her stable and riding school, located on the north side of County Road 48, Southold, which permit expired on October 9, 1992, be and hereby is cjranted for a six (6) month period. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. OCTOBER 20, 1992 159 4.-Moved by Supervisor Harris, Seconded by Councilwoman Hussie, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 20, 1992, AUTHORIZING THE ACQUISITION OF (1) THE CERTAIN PIECE OR PARCEL OF LAND, SITUA'TE AT THE SOUTHEAST CORNER OFPJ~EIFIC STREET AND SOUND AVENUE IN SAID TOWN, AT THE ESTIMATED MAXIMUM COST OF $85,150, AND (2) THE BUILDING THEREON TO BE USED AS A HUMAN RESOURCE CENTER, AT THE ESTIMATED MAXIMUM COST OF $564,850, APPROPRIATING SAID RESPECTIVE AMOUNTS THEREFOR, AT THE ESTIMATED TOTAL COST THEREOF IS $650,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF SAID TOWN IN THE AGGREGATE AMOUNT OF $650,000 TO FINANCE SAID APPROPRIATIONS. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLD, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to acquire (i) the certain piece or p~arcel of land containing 1.25 acres, .more or less, including improvements and appurtenances thereon, situate at the southeast corner of Pacific Street and Sound Avenue in the Town and designated on the Suffolk County Tax Map Number District-Section-Block-Lot 141.-6-24, at the estimated maximum cost of $85,150, which amount is hereby appropriated therefor, and (ii) the building situate on said land, to be used as a Human Resource Center, at the estimated maximum cost of $564,850, which amount is hereby appropriated therefor, including the purchase of the original furnishings, equipment, machinery and apparatus required, in connection with the purpose for which said building is to be used. The estimated total cost of acquiring said land and said building, including preliminary costs and costs incidental thereto and the financing thereof, is $650,000 and the plan of financing includes the issuance of serial bonds in the aggregate principal amount of $650,000 to finance said appropriations, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the aggregate principal amount of $650,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"),~ to finance said appropriations. 160 OCTOBER 20, 1992 Section 3. The following additional matters are hereby determined and declared: (a) .The period of probable usefulness for the acquisision of said land, being the specific objec~ or purpose for which $85,150 principal amount of the serial bonds authorized pursuant to Section 2 of this resolution are to be issued, within the limitations of Sectio~ 11.00 a. 21.(a) of the Law, is thirty (30) years. (b Said existing building authorized to be acqu}red pursuant to Section l(ii) of this Bond Resolution is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness thereof, being the specific object or purpose for which $564,850 of the serial bonds authorized pursuant to Section 2 of this resolution are to be issued, within the limitations of Section 11.00 a. 11. (b) of the Law, is twenty (20) years. (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effectiv~ date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of inten~ with respect to reimbursement is made in conformity with Treasury Regulation Section 1.103-18 of the United States Treasury Department. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual OCTOBER 20, 1992 161 payment of the principal of and interest on said bonds and any notes issued in antici~pation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of th~ bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which 'the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceedin9 contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to permissive referendum. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Penny, seconded by Supervisor Harris, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section !. Within ten (10) days after the adoption of this resolution the Town Clerk of said Town of Southold, shall cause to be published, in full, in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, and "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, each having a general circulation within said Town and hereby designated the official newspapers of the Town for such publication and posted on the sign board'of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE tha~ on October 20, 1992, the Town Board of the Town of Southold; in the County of Suffolk, New York, adopted a bond resolution entitled: BOND RESOLUTION OF THE TOWN OF SOU~HOLD, NEW YORK, ADOPTED OCTOBER 20, 1992, AUTHORIZING THE ACQUISITION OF (!) THE CERTAIN PIECE OR PARCEL OF LAND, SITUATE AT THE SOUTHEAST CORNER OF PACIFIC STREET AND SOUND AVENUE IN SAZD TOWN, AT THE ESTIMATED MAXIMUM COST OF $85,150, AND (2) THE BUILDING THEREON TO BE USED AS A HUMAN RESOURCE CENTER, .STATING THE ESTIMATED MAXIMUM COST OF $564,850, APPROPRIATING SAID RESPECTIVE AMOUNTS THEREFOR, STATING THE ESTIMATED TOTAL COST THEREOF IS $650,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF SAID TOWN IN THE .AGGREGATE AMOUNT OF $650,000 TO FINANCE SAID APPROPRIATIONS. an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING said Town to (a) acquire the parcel of land containing 1.25 acres, more or less, including improvements and appurtenances thereon, situate at the southeast corner of Pacific Street and Sound Avenue in the Town and designated on the Suffolk County Tax Map Number District-Section-Block-Lot 141.-4-24, at the estimated maximum cost of $85,150, and (b) acquire the building situate on said parcel of land, to be used as a Human Resource Center, at the estimated maximum cost of $564,850, including the purchase of the original furnishings, equipment, machinery and apparatus required; APPROPRIATING said respective amounts therefor; STATING the estimated total cost of acquiring said land and building, including preliminary costs and costs incidental thereto and the financing thereof, is $650,000; and APPROPRIATING said respective amounts therefor; STATING the plan of financing includes the the issuance of $650,000 serial bonds of the Town to finance said appropriations, and the levy and collection of taxes on all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $650,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriations; THIRD: DETERMINING and DECLARING the period of probable usefulness of The acquisition of said land is 30 years; the existing building is of Class "B" construction and the period of probable usefulness of the acquisition thereof authorized pursuant =o Section 1.(b) of ~his resolution is 20 years; the proceeds of said bonds may be applied to reimburse the Tow~ for expenditures made after the effective date of said bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING ~hat said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDGING to their.payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: October 20. 1992 Section 2. After said bond resolution shall sake effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspapers referred to in Section 1 hereof, and hereby designa=ed the official newspapers for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 3. This resolution shall take effect immediately. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman kizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the application of George A. McCarthy for renewal of his single family house trailer permit, for trailer located at 1900 Any Street, a private road off of the south side of the Main Road, Laurel, which permit expires November 19, 1992, be and hereby is cjranted for a six (6) month period. 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to the Southold Parent Teachers Association to use Oaklawn Avenue, Southold, on Saturday, October 31, 1992, between the hours of 1:45 P.M. and 2:00 P.M. for the purpose of holding their Annual Halloween Parade, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 1 6 4 OCTOBE. 20, 1992 8.-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 a Day Training Services Contract between the New York State Office of Mental Retardation and Developmental Disabilities, acting by and through the Long Island Developmental Disabilities Service Office, and the Town of Southold, whereby the Southold Town Department of Human Resources will provide care, treatment, rehabilitation, education, training and support services to mentally retarded and developmentally disabled persons, for the period of August I, 1992 through December 31, 1996; annual budget of $7,800.00; 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, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-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 a Memorandum of Understanding between the Suffolk County Department of Labor and the Town of Southold for the Job Opportunities and Basic Skills (JOBS) Training Program to be utilized by Venetia McKeighan, Director of Human Services, payments to be made directly to the trainees, all in accordance with the Memorandum of Understanding for the Provision of Work Experience of said agreement; all in accordance with the approval of the Town Attorney. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to the Mattituck Lions Club to use the following Town Roads: Pike Street, Love Lane, Westphalia Avenue and Sound Avenue, Mattituck, for their annual Halloween Parade on Friday, October 30, 1992, beginning at 6:00 P.M. at the Mattituck Fire House and ending at the Mattituck High School, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the application of David S. Horton and Gerry S. Horton, owners of Laurel Greenhouses, Inc., for renewal of their house trailer permit, for trailer used as a watchman station for their greenhouse operation, which permit exPires on November 7,1 992, be and hereby !s c2ranted for a six (6) month period. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. : 12.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Major Materials, Riverhead, New York, for supplying 10,000 cubic yards, more or less, of soil for covering purposes at the Southold Town Landfill, at a bid price of $4.69 per cubic yard, all in accordance with bid specifications. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of $outhold hereby Proclaims October 24, 1992 as UNITED NATIONS DAY i¼ ~h~ Town of Southold in recogni- tion of that great international organization formed in 1945 to maintain international peace and security and to acheive international cooperation in solving economic, social, cultural, or humanitarian problems. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski~ Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Penny, seconded by The Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with recgret the resic~nation of Maureen S. Meehan, part-time Records Management Clerk for the Town Clerk's Office, effective October 16, 1992, and wishes Ms. Meehan much success in her future career endeavors. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the extended Letter of Credit for minor subdivision of "Adam Associates" in the amount of $38,345.00, for the period from November 6, 1992 through November 6, all in accordance with the approval of the Southold Town Planning Board. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 1993, 16.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budc~et modification to the General Fund - Whole Town 1992 Budqet to cover overdrawn line item: To: A7180.1 Beaches, Personal Services $ 300.00 From: A7180.4 Beaches, Contractual Expenses $ 300.00 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor 'Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Twon Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Part Town 1992 Budget to Cover overdrawn line item: To: B8020.4 Planning, Contractual Expenses $ 2,500.00 From: B1989.4 Funded Deficit, Contracutal Expenses $ 2,500.00 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $2,100.00 to Carmine Rufrono, which sum represents a subdivision application fee to the Planning Board on March 29, 1989, less cost to the Town of Southold for time expended on this application by the Planning Board and Planning Board staff. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution 'was declared duly ADOPTED. .19.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby approves the request of the North Fork Housing Alliance, Inc. for an exemption from payment of $313.20 in landfill tipping fees incurred by North Fork Sanitation on their behalf during the renovation of 429 Kaplan Avenue, Greenport, a project under- taken to help meet the special needs of some of the young single parents in Greenport and Southold Town, which is being undertaken with funding assisl~ance from the Southold Town Community Development Office and Suffolk County Community Development office. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, C-ouncilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Councilman Wickham, seconded by The Entire Town Board, WHEREAS, there exists a serious traffic problem in Southold Town due in part to traffic to and from the Orient Point Ferry; and WHEREAS, the Town Board understands that a substantial portion of this traffic originated from and/or proceeds to The South Fork of Long Island; and WHEREAS, many Southold Town residents have expressed support for the proposed ferry terminal at Napeague, now, therefore, be it RESOLVED, that the Town Board of the Town of Southold, in the belief that the creation of a ferry route from Connecticut to Napeague will reduce the volume of traffic on the North Fork, strongly endorses the proposal of Cross Sound Ferry, Inc. to open and operate a ferry service between New London, Connecticut and Napeague in the Town of East Hampton. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 21.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6 NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby g ven that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Berms" which deletes Section 100-239.3 (Berms) in its entirety from Chapter 100 (Zoning) of the Code of the Town of Southold. The proposal has been determined not to have a significant effect on the environment because an Environmental 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 proposal be implemented as planned. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilman Penny, seconded by Councilwoman Hussie, 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 Berms"; now, therefore, be it RESOLVED tl~at 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 in accordance with the Code of the Town of Southold and the Suffolk County Charter. This proposed Local Law reads as follows, to wit: A Local Law in Relation to Berms 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 100-239.3 (Berms) is hereby deleted in its entirety. II. This Local Law shall take effect upon its filing with the Secretary of State. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, 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 617.10, and Chapter 44 of the Code of the Town of Socrthold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Heic~ht Requirements for Fences or Walls" which amends Chapter 100 (Zoning) of the Code of the Town of Southold. The proposal has been determined not to have a significant effect on the environment because an environmental 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 proposal be implemented as planned. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, there has bee presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Height Requirements for Fences or Walls"; 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 Planninq in accordance with the Code of the Town of Southold and the Suffolk County Charter. This proposed Local Law reads as follows, to wit: A Local Law in Relation to Height Requirements for Fences or Walls BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-231 (Height of fences, walls and hedges) is hereby amended to read (Height of fences, walls and berms) and shall read as follows: Fences, walls heek3es of' othe~ ~i~¢e l~laf~t~neJ~ or berms w~l~Fr~ fi~ce -{-59 feet o-f ~he I~reper-t~/ -li~-~es ~nay be erected and maintained, subject to the following height limitations. A. When located in the front yard ~ton9 ~ Pr-erst-lot ~i~, of residential zones the same shall not exceed four (4) feet in height. When !ocated in the front yard of non-residential zones, the same shall not exceed six (6) feet in height. B. When located-in or along side and rear yards, the same shall not exceed six and one-half (6-1/2) feet in height. C. Whe~ toc-a-tecl ~-t+~e-r t~n- if~- t+~e f~ror~t ~ a~ee- o~- a4or~:j- s-i~re-- o~ re~d 4o~ I~-nes, f:He same-s-hat~ no~ exeeed ei~3lM~ {8} feet He~g Il. This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents additions. ** Overstrike represents deletions. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-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 617.10, 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 no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Open Storage" which amends Chapter 100 ('Zoning) of the Code of the Town of Southold. This proposal has been determined not to have a significant effect on the environment because an Environmental 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 proposal be implemented as planned. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-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 Open Storage"; 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 in accordance with the Code of the Town of Sotuhold and the Suffolk County Charter. This proposed Local Law reads as follows, to wit: A Local Law in Relation to Open Storage 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 6 8 oC OB.. 1. Section 100-236 (Open Storage) is hereby amended to read as fol lows: A-.- No unenclosed storage, except parking of operable passenger vehicles caoable of passing inspection or recreation vehicles or boats and commercial vehicles as set forth in Section 100-191, shall be permitted in a residential district. E}-.---~t'~-m. ol~rr-~t~r~ge ~-~rr~ i~ ~ co~ or n~case sh~+~the II This Local Law shall take effect upon its filing With the Secretary of State. * Overstrike represents deletion(s) 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman W!ckham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-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 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Prohibited Uses" which amends Chapter 100 (Zoning) of the Code of the Town of Southold by removing carnivals, circuses and related activities, and junkyard or refuse disposal site from that section, as those uses are addressed in other chapters of the code. The proposal has been determined not to have a significant effect on the environment because an Environmental 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 proposal be implemented as planned. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilman Penny, seconded by Councilwoman Hussie, 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 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 Town Planning Board and the Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. This proposed Local Law reads as follows, to wit: OCTOBER 20, 1992 169 A Local Law in Relation to Prohibited 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 100-237 (Prohibited uses in all districts) is hereby amended to read as follows: Bo Any use which is noxious, offensive of objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid was~es in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, eectromagnetic or other -disturbance or by reason of illumination by artificial light or light reflection beyond the imits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such such activity is licensed or regulated by other 9overnmental agencies. Artificial ighting facilities of any kind' which create g are beyond ot lines. and- r e Fa-L',ed- o n- s pt-c+~F H~rs~- frc~m- ~h e E)-.---Jurrk~ard or refuse d½~posaF sR'e-,-ex¢~l:~c-n refuse · d~posnk sP~e- est~bHs~ ~s nn-of~c~F ~o~ refuse d$~posnF s~ or d~y-nu{ho~zed ns n refuse d~posnF s~b~he T~n ~r Uses involving primary production of the following products from raw materials: Charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; proxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, includln9 gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natu[al or synthetic); soaps, including fat rendering; starc_h. F~- __D. The following processes: 1. Nitrating of cotton or of other materials. 2. Milling or processing of flour. 3. Magnesium foundry. Reduction, refining, smelting and alloying metal or metal ores. 5. Refining secondary aluminum. 6. Refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oil. 7. Distillation of wood or bones. 8. Reduction and processing Of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. II. This Local State. F. Storage of explosives. Quarries. Storage of petroleum oroducts. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than twenty thousand (20,000) gallons, including al tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within one thousand (1;000) feet of tidal waters or tidal wetlands. Law shall take effect upon its filing with the Secretary of Overstrike represents deletions Underscore represents additions NOTE: Those items which are neither underscored nor overstruck are included for purposes of relettering. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Supervisor Harris, seconded by Councilwomen Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to take the necessary lec~al action to draw upon the $193,595.00 Letter of Credit of Mohring Enterprises, Inc. if certain improvements (items in the October 20, 1B92 and highlighted items in the April 8, 1991, April 16,1992, April 26, 1991 of Engineering Inspector James Richter) are not completed ir~ the major subdivision of Long Pond Estates, Section II, Southold, by October 29, 1992, the expiration date of said Letter of Credit. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold fiereby authorizes the purchase of a surplus Suffolk County-owned parcel, Suffolk County Tax Map No. 1000-048.00-2.00-016.000, located on the south side of Flint Street, 100 ft. east of Seventh Street, Greenport, 50 ft. by 113 ft., designated as Parcel #268 on the Suffolk Coutny Department of Law, Division of Real Estate, Auction Sale Book; cost to purqhase said parcel not to exceed $1,.000.00, the total amount of unpaid taxes, which monies shall be drawn from the Community Development Block Grant Funds. 30.-Vote of the Town Board: Ayes: .Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 31 .-Moved by Supervisor Harris, 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 a Contract of Sale between The North Fork Bank & Trust Company and the Town of Southold for the purchase of the bank's mortgage/computer center located at the corner of Sound Avenfue and Pacific Street, Mattituck, New York, for the price of $620,575.00; subject to the approval of the Suffolk County Department of Health Services for the use of the premises as a Southold Town Human Resource Center. 31.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 20, 1 7 1 32 .-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resohJtion no. 47, adopted at their organizational meetinq on January 3, 1992, establishincj the 1992 Southold Town Health Insurance Committee, by replacing CSEA representatives Curtis Horton and Victor Lessard with CSEA representatives Arthur Ruroede and Barbara Rudder. 32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose of holding public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconvened at 3:40 P.M. 33.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town E3oard of the Town of Southold on the 6th day of October, 1992, a proposed Local Law No. 17 - 1992 entitled, "A Local Law in Relation to Prohibited Parkincj"; and WHEREAS, a public hearing was held on the aforesaid proposed Local Law on the 20th day of October, 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. 17 - 1992, which reads as follows, to wit: LOCAL LAW NO. 17 - 1992 A 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 addinq 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. 33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 34.-Moved by Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold on the 8th day of October, 1992, a proposed Local Law No. 18 - 1992 entitled, "A Local Law Amendinq 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"; and WHEREAS, a public, hearing was held on the aforesaid proposed Local Law on the 20th day of October, 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. 18 - 1992, which reads as follows, to wit: LOCAL LAW NO. 18 - 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 follows: I. Local Law No. 16 of the year 1992 of the Town of Southold entitled, "A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 643, Laws 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 benefits, shall be -$0- 90 days in length. II. This Local Law shall take effect imn~editely. 34.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 172 OCTOBER 20, 1992 SUPERVISOR HARRIS: That concludes the agenda items. Is there anyone present to wishes to address the Town Board on any matter of interest or cc~ncern? JOHN CLAVIN: Mr. John Clavin, Fishers Island, introduced himself. Mr. Clavin stated he would like to make a statement and then ask some questions of the Board. Finally, he had a new concern facing Fishers Island that he wishes to communicate to the Board. Mr. Calvin said, "At the August meeting of the Town Board on Fishers Island we asked if the Board could come more often to Fishers Island. At that time Supervisor Harris suggested we come to the Town meetings. The Fishers Island Civic Association Board has taken up that suggestion and will attempt to have · representatives at future meetings of the Town Board. "We are not here to antagonize or criticize, but rather to communicate. We want to see as much as possible of the Town facilities, including parks, beaches, recreation center and other services. We emphasized that they all represented Fishers Island and we wanted to have them as, 'What about Fishers Island?'" Mr. Cavin pointed out that they voted today to buy a new Human Services Center for $650,000. Fishers Island taxpayers will be paying almost 10% of that bond and its debt service. They do not object to this purchase that will provide for Senior Services, Recreation Program, Meals on Wheels and others. They just ask that the Town Board consider - What about Fishers Island? Does Fishers Island have those facilities? Does Fishers Island provide those services? Likewise, when the Town recently purchased the Carey Tank Farm property, that Fishers Island will help for it, and the residents of Fishers Island ask, "Do we have any parks on Fishers Island? Do we have a Town Beach?" Mr. Clavin asked that as the Town Board deliberates on their 1993 Budget, they also keep Fishers Island in mind. Mr. Clavin said that at the Fishers Island Civic Association meeting on October 11, 1992, with 200 in attendance, Justice Edwards advised that the Town and Fishers Island Garbage District agreement was going to be approved. They have been waiting ten years for this double taxation question to be settled. Why was it not on the agenda" Town Attorney Arnoff replied that there is just a matter of some wording changes. He assured Mr. Clavin that it will be on the agenda for the next meeting - no possible objection from Fisher~ Island Garbage District. Supervisor Harris added that they wanted Justice Edwards to make the motion. Mr. Clavin said that a recent letter to the DEC from Councilwoman Hussie was different from the original draft. It did not address the sub-surface clean-up. Was that just not addressed, or does the Board not plan to correct that condition? Councilwoman Hussie replied that it was not addressed in the letter, but the Town Board is committed to the clean-up of the sub-surface as well. Supervisor Harris added that the Town is engaging an engineer to study this problem to determine what has to be done and how to do it. Mr. Clavin asked what the status is of the proposal to refurbish the tennis courts at the Fishers Island School property? Town Clerk Terry replied that the bid notice will appear in the newspaper next week, and the bid opening will be on November 4th. The notice to bidders will appear in the New London Day as well as The Suffolk Times and The Long Island Traveler-Watchman. Mr. Clavin asked about the status of the repair of the boat launching ramp on Fishers Island. Supervisor Harris said a revision of the application for the permit is being worked on and it should be completed shortly. Mr. Clavin then advised the Board that there is a matter of great concern to the residents of Fishers Island, and that is the U.S. Navy dredging project, and the deposit of the dredged material only 1-1/2 miles off of Fishers Island. He submitted a letter to the Town Board from the Fishers Island Civic Association, dated October 17, 1992, re: Navy dredging and pollution in Long Island Sound near Fishers Island, which reads as follows: "To: Members of the Town Board: The Leaders of the undersigned organizations wish to bring to the Board's attention the alarming fact that in a few months time the U.S. Navy will be poised to begin a truly massive, pollutive, and potentially dangerous program of harbor dredging that will deposit over 2,700,000 cubic yards of Thames River muck into the waters of Long Island Sound - only 1- 1/2 miles off Fishers Island's northwest shore, and abutting waters that are part of the Town's territory. "The Fishers Island Conservancy, along with the Fishers Island Civic Association, are by this letter formally requesting the Town of Southold to take note of this situation, which has a real probability of occurring in the near future unless the Navy can be persuaded to shift the dredge spoil to alternate sites. OCTOBER 20, 1992 173 "It should be emphasized that this projected dredging program (part of the "Seawolf" submarine project) will dredge the Thames River by New London in a swath four feet deep, 150 feet wide, and nearly eight miles long! Indeed the dredging will reach as far north as the Submarine Base near Gales Ferry, Connecticut; an area where radio-active material has been deposited in the past, and where measurable quantities of radio-active sediments have been recently detected in core samplinc]. The amount of generally pollutive dredge spoil all this will dredge up is truly enormous, and it should be always remembered that the New London harbor dump site is bumping right up to the New York State line. In other words, if any of the dredge material is dumped on an ebb tide, it wilt more than likely drift into. New York State and $outhold Town waters before it hits bottom. "We ask here not only for the attention of the Southold Town Board, but also for the help of that Board in the event the Navy after completing its Environmental Impact Statement begins to move to dump this huge mass of polluted river bottom so near to Fishers Island. Such an action would negatively impact the ecosystems of Southold, New York State, and Connecticut, not to mention Fishers Island. It would also reverse a decade-long emphasis on efforts to clean up Long Island Sound. "Make no mistake - we are not worried here over either the scope or the reality of the Navy's submarine program - a program that basically we support. What we are worried about is the huge environmental impact of dumping such a massive amount of polluted and/or contaminated material in the swirling currents just off Fishers Island's northwest shore. We are taking the stand that the Navy find alternative dumping sites that would not affect either Southold's territory or our own local waters. "We are urging Southold by this letter, then, to be both aware of the problem, and the threat to our joint environments and territories. We hope that the Southold Town Board, along with our own two groups, will continue to monitor the situation closely, and that they will joint us in expressing concern of the potential danger and damage to both our own coastal waters and our own fragile environment that this projected action of the Navy's would cause. Sincerely, John H. Thatcher Jr., President, Fishers Island Conservancy; Carol O. Ridgway, President, Fishers Island Civic Association (by authorized proxy)." SUPERVISOR HARRIS: Supervisor Harris assured Mr. Clavin that he would send letters to all Of the responsible agencies asking them to abandon the plan to dump the dredged material so close to Fishers Island, and to find alternate sites that wi. II not affect Fishers Island in any way. On motion of Councilwoman Hussie~ seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:00 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk/