Loading...
HomeMy WebLinkAboutTB-12/11/1990 223- SOUTHOLD TOWN BOARD DECEMBER 11,_:1990 WORK SESSION Present: Supervisor Scott L. Harris, Raymond W. Edwards, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson, Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Superintendent of Highways Raymond L. Jacobs, Town Clerk Judith T. Terry. 9:30 A.M. - The Town Board met with Donald Grim who submitted an application to recycle and salvage all types of metal products at his property on Oregon Road, west of Cox Lane, Cutchogue. This application must go to the Planning Board to determine whether the new plan is consistent with the site plan for his property they have already approved. Further, the Planning Board will be asked if they wish to join the ' Town Board as co-lead agency under the SEQR process. The applicant for the permit is Jeanne M. Grim, President. Mr. Grim told there is current ly a wood chipper and screening plant on the property. 9:50 A.M. - For Discussion Items: (1) Mandatory Recycling = the Board discussed a proposed Local Law pertaining to same. They agreed a proposed law on recycling clean wood should be incorporated in this proposal (for discussion item #13) . The Town Board will redraft the proposal. `10:10 A.M. - Tony Conetta, P.E., of Dvirka and Bartilucci, the Town's consultant -on the Solid Waste Management Plan, met with Town Board to bring them up to date on the environmental review of the plan. They have begun incorporating the comments received during the comment period into the final document, and are now preparing to address those of the DEC which were received on December 6th. They will then produce the final EIS and a findings statement. The Board advised them to reply broadly to the 19 pages of comments from the DEC, incorporate them into the final document, and then apply for the final permits.---Tom Maher, of D&B discussed the Hydrogeologic Investigation Work Plan. The DEC has the final document, but have not reviewed it as yet, so approval cannot be granted to the Town. (At the Regular Meeting the Town Board will be adopting resolutions to go _ to bid for laboratory analytical services (#18) and well drilling services (#19) . 11 :25 A.M. - For Discussion Items (continued) : . (2) Principal Building Inspector Lessard met with the Board to review his 1990 Building Department fees, and his proposal to amend -the Code to increase .building permit fees for 1991 .- The Town Attorney will draft a proposed Local Law to implement the suggested fee increases. (3) Appointment of members to the Southold Town Youth Board (see resolution no. 39) . (4) Discussed appointment of Assistant Superintendent of .Public Works James Bunchuck as Southold Town's representative- to the East End Recycling Cooperative (see resolution no. 40) . (5) Reviewed a proposed Local Law in Relation to Shellfish as recommended by the ' Town Trustees (see resolution no. 41 setting public hearing) . ' Discussed transfer of three Town-owned lots to the North Fork - Housing Alliance for affordable housing (see resolution no. 42) . -(7) Explanation of the 1 $125,000 advance from Highway Whole Town to the General Fund Whole Town which ,,was accomplished by resolution on November 27th. (8) Set January 7th and 9th, =from 4:00 P.M. to 7:0,0 P.M. to interview the 34 applicants for the vacancy on the Board of Appeals. (9) Proposed Local Law in Relation to Brush, Weeds and Debris, as requested by the Fire District Officers Association, was referred to ' the Legislative Committee. (10) Update report on the water study for Fishers Island - Supervisor Harris advised the Board that the County Legislature has approved the $20,000 expenditure, and $40,000 additional has been pledged by the Fishers Island Conservancy, FIDCO, and the Sanger Foundation. The next step is -to determine who will take lead agency. (1) Update on the Laurel Lake area property - Special Groundwater Protection Area - Supervisor Harris stated that- the properties in question have been included in the 1 /4% sales tax program for arquision. (12) -Receipt of proposals . for Operation and Maintenance Evaluation services for the 224 DECEMBER 11 , 1990 Scavenger Waste Treatment Facility from Cameron Engineering, P.C. - $7,5001' and Velzy Associates - $9,600. Councilman Penny advised the Board that Cameron was called in to straighten out the East Hampton plant and they were highly successful, and recommended the Board retain their services (see resolution no. 43) . (13) Proposed Local Law in Relation to ,Garbage, Rubbish and Refuse Fees with reference to clean wood was incorporated into the proposed ,law on recycling and set down for a public hearing (see resolution no. 56).. (14) Letter and information material for the Town Boards information from the United States Department of the Interior concerning National Historic Landmark recognition :of Fort. Corchnug. This will be = placed on the December 28th work session agenda for further. discussion. (15) Resolution proposed by Councilwoman Latson with respect to the Nomination Document which will include the Peconic Bay System in the National Estuary Program (see resolution no. 44) . 12:40 P.M. - Recess for lunch. 2:25 P.M. - Work Sesson reconvened. EXECUTIVE SESSION On motion of Councilman Wickham, seconded by Councilwoman Oliva, it was Resolved that the. Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman . Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff, Assistant Town At Kiernan, Superintendent of Highways_ Jacobs, Town Clerk Terry. -- The Board discussed possible purchase of property and personnel. 3:00 P.M. - Public Safety Dispatcher John Raynor and representatives from Metro One met with the Town Board to discuss . siting two towers or monopoles to support their. antennas in the Town. Lynne Lorimer, Real Estate Consultant advised the Board that Metro One has sited the Landfill in Cutchogue, or the Baxter property, on the corner of Elijah's Lane and Route 25 in Mattituck (private property) for one location, and the Town Hall or the Town Green (Board advised this. would be out of the question) at the corner of Youngs Avenue and Route 25, Southold, as another location. At the present time the Board feels the Landfill would be the only appropriate location. It was decided that- the Metro One representative will work with Town-Attorney Arnoff concerning possible sites. EXECUTIVE SESSION 3:50 P.M. - On motion of Councilman Penny, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present: . Town Attorney Arnoff, - Assistant Town Attorney Kiernan, Superintendent of Highways Jacobs, Town Clerk Terry.---The, Town Board met with Attorney Frank A. Isler to discuss engaging the services of his firm, Smith, Finkelstein, Lundberg, Isler 8 Yakaboski, with respect to the Landfill. Law litigation (seq resolution no. 53), and to defend the Town in the matter of Zahra v. Town of Southold (see resolution no. 54) . 5:10 P.M. - The Town Board reviewed the resolution to be voted upon at the Regular meeting. 5:20 P.M. - Audit-of outstanding vouchers. 5:45 P.M. - Work session adjourned. j DECEMBER 11 , 1990 225 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, December 11, 1990, 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 Councilwoman Ruth D. Oliva .Councilwoman Ellen M. Latson Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: I'd like to, before we officially start, wish everyone a Happy and Healthy Holiday season, that's coming upon us, and I hope that you enjoy with your family, the Town of Southold, and with family and friends, in the next coming weeks. In the interest of brevity, we're going to. we 'have a lot of resolutions on tonight. We have a lot of presentations to do tonight, so we're going to go through the normal order with the Pledge, and the approval of bills and audit, and then we're going to jump to two resolutions, then •we will come back to presenta- _:,.i.tions. Just so you sort of follow, we're going to go to #50 first on your sheet, and then we're going to go to #49 next, and then we will back to the presentations right after that. Could we just bow' our heads for a minute, for a moment of silent'- prayer for our 'sons and daughters, that,are over in the Far East, wish them bravery, and all the luck. We're behind them 1000. 'We need a motion for the audit of the bills of December 11, 1990. Moved by Councilwoman Latson, 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 $55,579.62; General Fund, Part Town - bills in the amount of $220,006.79; Nutrition Fund bills in the amount of $9;377.53; SNAP Program bills in the amount of $477.73; Highway Fund, Whole Town bills in the- amount of $20,481 .81 ; Highway Fund, Part Town bills in the amount -of $182,794.22; Open Space Capital Fund bills in the amount of $1,995.00; Employee •Health Benefit Plan bills in the amount of $34,778.11 ; Fishers Island Ferry' District bills in the amount of $12,691 .40; Southold Wastewater District bills in -the amount of .$18,000.00; Southold Agency 8 Trust bills in the amount of $6,155.61 ;. Fishers Island Ferry District Agency S Trust bills in7the amount of $523.76. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, . Justice Edwards, Supervisor Harris. This resolution was- declared duly ADOPTED: --. SUPERVISOR HARRIS: A motion to approve the minutes of the Board -meeting of November 27, 1990. _. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes- fo the Town. Board meeting of November 27, 1990, be and hereby approved. - Vote of the Town Board: Ayes: Councilwoman Latsor)., Councilwoman Oliva, Councilman Penny, - Justice-Edwards, Supervisor Harris. Abstain: Councilman Wickham. This resolution-.was declared duly ADOPTED. SUPERVISOR HARRIS: Setting the next regularly scheduled Town Board meeting on December 28, 1990, at 2:00 P.M. , I need a_motion. I Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 2:00 P.M. , Friday, December 28, 1990, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. a 226 DECEMB'ER 11 ; 1990 I . REPORTS. 1 . Cablevision of Riverhead's Monthly Report for October, 1990. 2. Southold Town Dog Shelter Monthly Report for November, 1990 3. Southold Town Building Department Monthly Report for November, 1990. 4. Southold Town Clerk's Monthly Report for November, 1990. 5. Scavenger Waste Treatment Facility Monthly Report for November, 1990. 6. Southold Planning Board Monthly Report for November, 1990. 7. Lawrence Healthcare CSEA Health Benefit Report for November, 1990. 8. Lawrence Healthcare PBA Health Benefit Report for November, 1990. 9. Southold Town Justice Edward's Monthly Report for November, 1990. 10. Southold Town Justice Tedeschi's Monthly Report for November, 1990. 11 . Southold Town Recreation Department Report for November, 1990. 12. Southold Town Police Department .Report for November, 1990. 13. Fishers Island Wastewater Disposal System Fourth Annual Operation and Maintenance Review Report. 14. Councilmen's Report 15. Supervisor's Report II. PUBLIC NOTICE 1 . Department of Environmental Conservation, State of New York, Notice to Shellfish Harvesters, Conditional Shellfishing Programs for portions of the uncertified shellfish lands in Hashamomuck Pond, Mattituck Inlet and Mattituck Creek, Town of Southold from December 5, 1990 to April 15, 1991 . III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1 . 8:00 P.M. "A Local Law in Relation to Zoning Application Fees". V. RESOLUTIONS SUPERVISOR HARRIS: We'll start off with Resolution #50. 50.-Moved by Councilman Penny, seconded by the Entire Town Board, it was RESOLVED 'that the Town Board of the Town of Southold hereby appoints Joseph Conway, Sr. as Lieutenant of the Southold Town Police Department, from the Suffolk County Department of Civil Service Certification of Eligibles, effective January 2, 1991, at a 1990 base salary of $59,014.00 per ,annum, pending settlement of the 199.1-1992 Police Benevolent 'Association Contract. 50.-Vote. of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice ,Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The next Resolution is #49. 49.-Moved by Justice Edwards, seconded by the Entire Town Board, it was RESOLVED that the Town.Board of the Town of Southold hereby appoints Stanley Droskoski as Chief of the Southold Town Police' Department, from the Suffolk County Department of Civil Service Certification of Eligible, effective January 2, 1991, his salary is subject to a contract to be negotiated by the Southold Town Board. 49.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The first order of business, is going to be a presentation . of the Landmark Designation to Robert and Catherine Harper of the Southold Historical Society. John Stack are you here? Did they come forward? I know they're both here. I saw them in the back. Congratulations. .. Do you have the i rest of that, Judy. TOWN CLERK TERRY: Yes. Would you like to do the Horton Point Lighthouse next?. Antone Skwara is here from the Southold Park District. SUPERVISOR HARRIS: Tony, a-re you Chairman of the Park of the Park District in Southold, and John will do the official presentation for the Horton Point Light- _ house, and the rest of these John, would you like to read them? . S DECEMBER 11, 1990 227, JOHN STACK: Congratulations to the Southold Historical Society, represented tonight by President Katherine Mayne. Their Landmark Designations are: Bayview Schoolhouse, The Pine Neck Barn, Thomas Moore House, The Haliock Currie-Bell House, The Downs Carriage House, The Treasure Exchange, and the Cleveland- Glover, Frank Gagen Blacksmith Shop. My sincere congratulations go to them. I would just like to say, I'm very pleased that we were able to make these designations within the centennial year. As you know, in order to be designated as a historic house, or building, you must apply for the designatiory and the register: is kept here at the town, and we are always encouraging people to apply, to let us go out, examine the houses, and have them get onto the Town Register. of historic places, so please, spread the word around, because,-we'd like to try and get some more houses on here. Thank you, very much. ALICE HUSSEY: I'd like to say a few words on behalf of the Officers, and the' Trustees, and the members of the Southold Historical Society. We're very delighted with this designation of landmark status, and we do want to express our appreciation to the Town for all of it's cooperation in that endeavor, as others, especially the i Bayview Schoolhouse. We're very pleased to have that on our grounds. We, also, want to thank the Park Department, the Southold Town Board, the United States Coast Guard for the help that they gave to us in restoring the light on the tower in the lighthouse, and also, making the tower accessable to the public, and as far as the Schoolhouse is concerned, I think you might be interested to know that it will be open in the Spring, ready for use, ,and if you happen to i know of some school desks around 1914 era, and, or a stove, .we'd like one. Thank you. SUPERVISOR HARRIS: Thank you Alice. On behalf of the Southold Town Board, I'd like to congratulate the Landmark Preservation Commission for the job well done for the year, preserving and providing historic places in Southold for recognition for all the public to enjoy, and behalf of the Town Board and the people of Southold Town, we thank you from -the bottom of our heart. I'd like to give them a round of applause. The members; who are here, of course, are Bill Peters, Joy Bear, and John Stack. Ralph Williams, and Joe Townsend, .who are unavailable. Thank you very much. At this time, Ed Dart, you're the 'Chairman I of the Tree Committee, and we have certificates of appreciation for all the vendors within the Town, who have donated their time and services, and certainly donated trees to make Southold, and keep Southold a rural and historic place, and to keep i it beautiful. Ed, why don't you come up? I have the certificates on the table, and I'll come down with you, and we'll proceed ahead. The floor is yours. EDWARD DART: This year marked one of our most successful years with. the Southold Tree Committee.Through the generosity of a number of growers within the town, and landscapers, we were able to plant well over a hundred nice street trees. You've seen some of them on the highway, other ones in front of the land- fill, so it's been sort of a first time successful effort, and we're very, very pleased, and we'd like to continue this in future years. It was basically a low cost project due to the generosity of some of our local growers, and landscapers. Now, we've ' asked some of these people to come. I don't know if they're here, but if they're not here, we'll deliver these certificates to them. I certainly want you all to know, that these are the people, that have been generous. This is Tim Coffey from Tim Coffey Nursery in Southold, Shamrock Tree Service from Mattituck, Peter Sterling, I see from Plantings by the Sea. Come on up, and get this, Pete. Peter is responsible for planting right here, Horton's Lane. You noticed there's a whole nice row of trees from end to end, and Peter Sterling donated the day's labor of his crew. .: Pester Sterling planted the Zacova trees and Linden trees on Horton's Lane from end to end, so thanks very. much, Peter. Northeast Nurseries, you've seen them up on Route 48 there. Are you Gene? Oh good, I've never met you, got one of the most pregressive nurseries going on the North Fork. He seems ' to turn out a wonderful crop of trees, and we're very grateful for his generousity. - Thanks again, Gene. Indian Neck Corporation is Dave Chhanowicz, and with a couple of volunteers from the Kawanis Club, and myself included, we dug a few holes, and planted some trees in Mattituck area. So I don't ,know if Dave is here tonight, but certainly the Chicanowicz family has been very, . very helpful to us. Shade Tree Nursery, is there anyone here from Shade Tree Nursery? Jamesport, out of towners, still helping to contribute to our cause. Jon Lake, Landscaping. Come up, Ed, good to see you. Wolf Pit Nurseries in Mattituck. Peter Costage, he's a nursery broker. Anybody from Doroski's Nursery here? Here's the Chichanowicz family here with Holly Hollow Nurseries. They're a wholesale grower in Peconic; as you .know. Another high school classmate of mine, Jay Acksen from Acksen Nursery in Bayview. Then, again, the Chicanowicz with 22 8 DECEMBER 11, 1990 Braircliff Landscape, who they participated on, two sides of our project. Unce for giving us some trees out of their nursery, and the other side of their business participated in a day's work'of planting. So, we'll see that these firms get this recognition, and your recognition as well, too. Thanks very much. SUPERVISOR HARRIS: Once, again,. on behalf of the Town Board and the people of the Town of Southold, thank you very much, and we certainly appreciate what you've done for Southold. EDWARD DART: I did notice two•:enthusiastic fellows from the Landfill here. They dug up some trees from the back of the Highway Department. Dave Zuhoski, and Marty. Dave and Marty work up at the Landfill, and they're two of the enthusiastic fellows from up there, and it was their efforts that got that nice, dare I call it a promenade into 'the landfill. It will be a promenade one day. _ SUPERVISOR HARRIS: At this time, could we have Lieutenant Conway, come forward, please,, and Chief, soon to be, Stanley Droskoski, and of course, still our Chief Dan Winters, and at this time, why don't we start with Lieutenant and work our way down. We'll save the best for last. How's that? We'll take some pictures. We have a resolution, that is permanently part of the record of the 1 Town of Southold, honoring Chief Harold Dan Winters, who's retiring from public service on January 1, 1991 . The Town Board wishes to pay tribute. Moved by Supervisor Harris, seconded by the Entire Town Board, WHEREAS, the Town Board of the Town of Southold wishes to pay tribute to CHIEF OF POLICE HAROLD D. WINTERS who is retiring from public service on January 1, 1991 ; and WHEREAS, CHIEF HAROLD D. WINTERS joined the -Southold Town Police Department on August 29, 1957, attained the ,rank of Sergeant on November 7, 1962, the rank of Lieutenant on April 27, 1968, and Chief of Police on July 15, 1981, and has faithfully served the people of the Town of Southold throughout his career in law enforcement; and WHEREAS, ,through his unselfish dedication and untiring efforts, 'CHIEF OF POLICE WINTERS has enriched the lives of thousands, lending his expertise and knowledge to ensure the success of the many programs he created, managed and directed, now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses their sincere appreciation to CHIEF OF POLICE HAROLD D. WINTERS for his outstanding service to the Town of Southold, and extends their sincere best wishes for happiness and good health in his retirement years ahead; and be it further RESOLVED, that this resolution shall be made a part of the permanent records of the Town of Southold and a copy is. hereby presented to CHIEF WINTERS. DATED: December 11, 1990. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: On behalf of the people, and the Town Board of the Town of Southold, our sincere congratulations, best wishes, and happy retirement, Dan. CHIEF WINTERS: Thank you very much, Scott. I really appreciate it, and .l want to thank the Town Board, also. Certainly, we've had a good relationship. I guess started before many of you were Board members. COUNCILWOMAN LATSON: You started when I was three years old, Dan. CHIEF WINTERS: And that's why I think it's time for me to move along. Many times fellows hang on, and hang on, and don't have any ,time to enjoy their remaining years, not that I'm going to die tomorrow. But I was doing a bit of calculating. today, and Judy will check me on this, I know it, I think my pay checks have been signed by nine different Supervisors. That's quite a record, I think. Thank you all, very much. SUPERVISOR HARRIS: On behalf of the Town Board, and the people of Southold Town, I'd like to congratulate Stanley Droskoski, Chief as. of this January 2, 1991 , Lieutenant Joe Conway, Lieutenant, obviously as of January 2, 1991, and, Dan, can tell you, we're going to miss you. We know that the new Chief upcoming, and incoming, will have his..work cut out for him to fill your rather large shoes. So, on behalf of that, congratulations. DECEMBER 11 , 1990 229 STANLEY DROSKOSKi; This is perhaps,a little premature on my part, because January 2nd isn't here yet, but I feel I have to thank the `people, my family, my friends, my associates, who have been here tonight, those who have supported me in my endeavors. I feel I have to thank the Town Board. for offering me an opportunity to fill the last phase of my career. I feel I have some very big shoes to fill. There about 13, but Chief Winters has lead me down the primrose path. He's guided me. He's encouraged me, and I wish him the very best, and I hope to do the job, that he's been doing. Thank you. CHIEF WINTERS: It wasn't always primrose. SUPERVISOR HARRIS: We're going proceed now with the regularly scheduled Town Board business, in a minute, as soon as we say good-bye to everyone, and wish them a Happy Holiday, we will start resolutions, this time in order. Ellen, would you like to start them off? 1 .-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby designates the following structures as' Southold Town Landmarks, all in accordance with the recommendation for designation by the Southold Town Landmark Preservation Commission, and acceptance of designation by Robert and Catherine Harper, and the Southold Historical Society: Robert and Catherine Harper, "Reeve-Wickham House", Mattituck Southold Historical Society: (1) Cleveland-Glover, Frank Gagen Blacksmith Shop (2) Hallock Currie-Bell House (3) The Pine Neck Barn (4) The Thomas Moore House (5) The Downs Carriage House (6) The Bayview School House (7) The Treasure Exchange Southold Park District: Horton Point Lighthouse. 1 .-Vote of the Town Board: Ayes: .Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny,. Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. _ 2.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and. directs Supervisor Scott L. Harris to execute the decision in the Matter of the Grievance filed by the Southold Town Police Benevolent Association, Inc., pursuant to the terms and conditions of the collective bargaining agreement for the calendar years 1989-1990. 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budget modification to the General Fund - Part Town for insurance deductible due National Casualty for the claim of Terry Smith vs Town of Southold regarding dismissed Police excessive force claim: To: B3120.4 Police, Contractual Expenses $ 5,000.00 From: B1910.4 Insurance, Contractual Expenses $ 5,000.00 3.-Vote of the .Town Board: - Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.=Moved ,by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the. Town Board of the Town of Southold hereby reappoints the ;.following individuals to the Southold Town Council on- Veterans Affairs, effective December 31, 1990 through December 31, 1991, they to serve without compensation: 'John A. Harris, Veterans of Foreign Wars Bernard A. Heaney, Catholic War Veterans, St. Agnes Post No. 70.3, Greenport Edward Scroxton, A. R. Grebe American Legion Post No. 1045, Fishers Island Bradley C. Conklin, Burton Potter American Legion Post No. 185, Greenport Richard L. Diehl, Griswold-Terry-Glovers American Legion Post No. 803,Southold Henry W. Drum, Raymond Cleaves American Legion Post No. 861, Mattituck 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2 3 lJ DECEMBER 11 , 1990 5.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Supervisor Scott L. Harris to travel to Albany, New York on December 3 through 5, 1990, to meet with New York State Legislators concerning the 1983 Landfill Law, and the use of a Town vehicle and necessary expenses for travel, meals, and lodging shall be a legal charge against the Supervisor's 1990 Budget; and be it further RESOLVED that Supervisor Harris be and he hereby is granted permission to travel to Albany on one more occasion prior to the end of 1990, to again meet with State Legislators concerning the Landfill Law, and those expenses shall be a legal charge against the Supervisor's 1990 Budget. 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, .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 hereby authorizes the following budget modifications to the General Fund - Whole Town 1990 Budget to establish .budgetary item for recording ,of State Revenue Sharing monies withheld. from the Town of Southold as per State Comptroller's Accounting Release dated October 31, 1990: To: A1996:4 Contributions to. New York State. $ 48,290.69 From: A9010.8 NYS Retirement, Employee Benefits $ 48,290.69 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Scott A. Russell to attend a two-day seminar entitled, "Local Assessment Services - Data Collection Training", sponsored by the New York State Division of Equalization and Assessment, Bureau of Certification and Training, on December 4 and 5, 1990, from 9:00 A.M. .to 4:40 P.M., at the Southampton Town Hall, Southampton, New York, and the use of a Town vehicle and necessary expenses for travel and meals shall be a legal charge against the Assessor's 1990 Budget.. 7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget for the transfer of monies from the 350th Committee's Donated Funds held in Trust S Agency: To: Revenues: A2705 .Donations $ 50.00 Appropriations A7550.4 Celebrations, Contractual Expenses $ 50.00 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town .Board of the Town of Southold herby approves the amount of $815,525.00 for a bond for roads and improvements in the major sub- division of Cove Beach Estates, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B.' Bowne S Son, Consulting Engineers'. 9.-Vote of the Town Board: Ayes :- Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ,ADOPTED. 10.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $431 ,310.00 for a bond for roads and improvements in the major sub- division of Long Meadow Estates, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. DECEMBER 11, 1990 231 11 .-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Affordable Housing - District"; and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations; now, therefore, be it _ RESOLVED that the Town Board hereby sets 2:32 P.M. , Friday, December 28, 1990, 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: A Local Law in Relation to Affordable Housing District 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 100-57(C) (Procedure) is hereby amended by adding thereto a new subsection (7) to read as follows: (7) An applicant for a Certificate of Eligibility aggrieved, by any determination of the Director shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. II. This Local Law shall take effect upon its filing with the Secretary of State. 11 .-Vote of the Town Board: Ayes:.; Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilman Wickham, seconded by 'Justice Edwards, it was RESOLVED that the Town Board 'of the Town of Southold hereby appoints Kathleen Baruth and Webster McNeil as EISEP Aides, effective December 6, 1990, 20 hours per week, $5.50 per hour. 12.-Vote of the Town Board: Ayes: Councilman Wickham; Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared 'duly ADOPTED. 13.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold re-acknowledges the donation of the Old Bay View Schoolhouse from Parker and Chester Dickerson and reaffirms its ownership interest therein which will continue indefinitely for the cost of two (2) peppercorns a year; and WHEREAS, the Town Board of the Town of Southold wishes to assure proper maintenance and upkeep of the Old Bay View Schoolhouse; and WHEREAS, .the Town Board of the Town of Southold has received an offer from the Southold Historical- Society to be responsible for the upkeep and maintenance of the Schoolhouse in exchange for the Town's declaration that the building is on permanent loan to the Southold Historical Society; now-, therefore, be it RESOLVED,- that the Town Board of the Town of Southold hereby declares that said building shall be on permanent loan to the Southold Historical. Society for payment of one 0) peppercorn a year, with the express understanding that the Schoolhouse will remain open and accessible to the public. 13.=Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, we have a public hearing scheduled for 8:00 o'clock. I need a motion to recess. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that a recess be .called at this time; 8:00- P.M. , for the purpose of holding a public- hearing. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Reconvened at 8:08 P.M. 232 DECEMBER 11 , 1990 14.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following Budget modification to,the 1990 Nutrition Program to appropriated un- anticipated Participant Income and to modify the County .contract so as to bill and receive full funding from the County: Revenues To: A1 .1840 Participant Income $ 9,500.00 Appropriations To: A1 .6774.4 Gas E Oil $ 700.00 A1 .6778.4 Supplies 49.00 _ A1 .6780.4 Food 13,700.00 A1 .6781 .4 Equipment Repairs 61 .00 A1 .6782.4 Vehicle Repairs 340.00 From: A1 .6772. 1 Personal Services $ 1,350.00 Al .6779.4 Disposables 3,500.00 A1 .9030.8 Fringes 500.00 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards,. ,Supervisor Harris. This resolution was declared duly ADOPTED. " 15.-Moved by Justice Edwards, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 28 - . 1990, entitled, 1"A Local Law in Relation to Sewer Rent" was introduced at a meeting of this) Board! held on the 10th day of October, 1990: and WHEREAS, a public hearing was held thereon by this Board on the 13th day of November, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 28 - 1990 be enacted as follows: LOCAL LAW NO. 28 - 11990 A Local Law in Relation to Sewer Rent BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 76 (Sewers) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 767-21 .A. is hereby amended to read as follows: A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system which shall be based upon an annual charge of five hundred dollars ($500.) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of two hundred fifty dollars ($250.) on the first days of January and June of each year. II . This Local Law shall take effect upon its filing with the Secretary of State. COUNCILWOMAN LATSON : Judge, I had two calls from people on Fishers Island, and they said that they were interested in a meeting .with the engineers, and yourself, on the status of the Sewer District, and I assured them that you were working on that, if you had not already formulated it to be. JUSTICE EDWARDS: I would like the names of those people, please. 15.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town' of Southold hereby authorizes the following amendments to the Community Development Program Budgets: Current New Project Budget Increase Decrease Budget Cutchogue Free Library FY 13 $4,978.50 -0- $4,978.50 -0- Home Improvement Special Rehab. -0- $4,978.50 -0- $4,978.50 for AHP Elderly Day Care Program $4,000.00 -0- $4,000.00 -0- Home Improvement DECEMBER 11, 1990 233 Special Rehab. -0- $4,000.00 -0- $4,000.00 for AHP Affordable 'Housing Program Grant to $2,239.06 -0- $2,.239.06 -0- Subrecipient FY 12 Home Improvement Special Rehab. -0- $2,239.06 .-07 $2,239.66 for AHP 16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. l n 17a.-Moved by Councilman Wickham, seconded by Councilman Penny, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 11, 1990, AUTHORIZING A HYDROGEOLOGIC INVESTIGATION AT THE TOWN LANDFILL, STATING THE ESTIMATED MAXIMUM COST THEREOF 'IS $400,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVED (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-Suffold, New York (herein called "Town"), is hereby authorized to conduct a hydrogeologic- investi- gation at the Town landfill, including establishment of decontamination facilities, equipment, materials, supplies and well set-up; construction and sampling of the borehole; installation of casing (riser,' pipe).. acid screen; setting sand pack around the screen and installation of a bentonite. seal above the screen; sealing the well riser pipe annulus; installing a locking surface casing and surface seal; development and completion of the well; containment of drillings, cuttings, purge water and development water; site cleanup and disposal of clean cuttings 'and fluids. The estimated maximum cost of said specific'object or purpose, including preliminary i costs and costs incidental thereto and the financing' thereof, is $400,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $400,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real_ property in the Town, to pay the principal of said bonds and theinterest thereon as the .same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $400,000, are herey 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 appropriation. Section 3'. The following additionai matters are 'hereby determined and declared: (a) The period. of probable usefulness of said specific object or purpose for which' said $400,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11 .00 a. 6-b of the Law, is twenty "(20) years; however, the period of probable usefulness of said $400,000 serial bonds is hereby limited to ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes ;issued in anticipation thereof in accordance with Section 107.00 d. 4 of the Law. (c) 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 payment of the principal of and interest on said bonds and any notes issued in anticipation 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 .the 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. i 2,34 DECEMBER 11 , 1990 Section 5. Subject to the provisions of this resolution and of the Law and prusuant 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 hereby 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 proceeding contesting such validity, is commenced within twenty days after the. date of such publication, or (c) such obligations are authorized in violation of the provisions of the construction. Section 7. This bond resolution is subject to permissive referendum. COUNCILWOMAN LATSON : I would just like to make a comment. This resolution has been revised to stretch out the payment period from five years to ten years, to lessen the tax impact from the resolution, that was introduced to us previously. We have correspondance dated October 31st from Dvirka and Bartolucci, where they have anticipated the cost for the complete study at about $236,000. 1 asked the Supervisor why, at the work session, which is appropriate, $400,00M, .. Well, it was recommended by Dvirka and 'Bartolucci, .although it's unlikely that. .we'll be asked to install additional well clusters, that we. have this' amount of money available. So, hopefully, the hydrogeologic studies will not cost the Town $400,000, they'll cost us more in the neighborhood of $250,000. Thank you. SUPERVISOR HARRIS: Hopefully; Ellen, it stays as low as -it possible can. COUNCILWOMAN OLIVA: I'd just like to say, that I think it's really vitally important, that we have this hydrogeological study. It's important to find out if there is a flume, where there is a flume, and if it is affecting our groundwater, or if it's not affecting ou'r groundwater. From that, we wil,l be able to determine which direction in which we will take. It is really the base, I think, of our understanding of the landfill. 17a.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman .Penny, Justice 'Edwards, Supervisor Harris. This resolution was declared duly ADOPTED:. SUPERVISOR HARRIS: And as was mentioned, this resolution is just the preface to what we're going to be doing, anticipating the next two ;resolutions, which will be going out to bid for two of the procedures,- that are needed. Hopefully, we . can start this project sometime the end of February, the beginning of March. This hydrogeologic study, it's actually not a study, it's actually'a project. It's construction, and also, it will be very pivotal to the whole plan for Southold Town, and we have to prove unfortunately to the DEC under Part 360, that we are not guilty here, (tape change) this process of driving wells at a cost of over $10,000.. a peice. We have approximately 14 wells, that are- going to be put in, in seven clusters of two. It's very unfortunate that'the Health Department wells, which were up there, which were monitored, show that this leach ate contained no more organics, or inorganics, or heavy metals, than that that's contained in saltwater. Unfortunately the DEC wants further verification other than that, which has been done by Suffolk County already, and the taxpayers are, once again, asked to bear the full brunt of these costs to prove our. case, and it certainly should strengthen our case, when it comes to the fact that the leachate, that is up there, is not polluting the groundwater in the fashion, that the DEC has remitted, or said that we've done. DECEMBER 11 , 1990 235 17b.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, I-N THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVED AS FOLLOWS: Section 1 . The Town Clerk of said Town .of Southold, shall within ten (10) days after the adoption of this resolution cause to be published, in full, in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, two newspapers 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 that on December 11, 1990, 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 Southold, New York, adopted December 11 , 1990, authorizing a hydrogeologic investigation at the Town landfill, stating the estimated maximum cost thereof is $400,000, appropriating said amount therefor, and authorizing the issuance of $400,000 serial bonds of said Town to finance said. appropriation," an abstract mf which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING said Town to conduct a ,hydrogeologic investi- gation at the Town landfill, including establishment of decontamination facilities; . equipment, materials, supplies and well set-up; construction and sampling of the . borehold; installation of casing (riser pipe) and screen; setting. sand pack around the screen and installation of a bentonite seal above the screen; sealing the well riser pipe annulus; installing a locking surface casing and surface seal; development and completion of the well; containment of driIIings,cuttings,purge water and development water; site cleanup and disposal of clean cuttings and fluids; and STATING the estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000; APPROPRIATING said amount therefor; STATING the plan of financing includes the issuance of $400,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property .in the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $400,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness of the specific object or purpose for which said $400,000 serial bonds are to be issued, is twenty (20) years; however, the period of probable usefulness of said $400,000 serial bonds is hereby limited to ten (10) years; current funds are not required by the Law to be provided prior to the issuance of the bonds or 'any notes in anticipation thereof; and the proposed maturity os said $400,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that 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: December 11 , 1990. Judith T. Terry -Southold Town Clerk Section 2. After said bond resolution shall take 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 designated '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. 17b.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2 3 DECEMBER 11, 1990 COUNCILWOMAN OLIVA: I'd just like to say that, just in case there is .a leachate problem, that we prove it's a leachate problem, then it does entitle us to funds on the quarter percent sales tax money to clean it up, so; that's .a help to the Town, too. 18.-Moved by Councilman Penny, 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 bids<for Laboratory Analytical Services for the Southold Town Landfill, all in accordance with the', bid specifications as prepared by Dvisrka and Bartilucci Consulting Engineers.! 18.-Vote of the Town Board: Ayes: Councilman. Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, ,Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilwoman Oliva, 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 bids for Well Drill'.ing Services for the Southold Town Landfill, all in accordance with the bid specifications as prepared by Dvirka and Bartilucci Consulting Engineers. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, . Councilman Penny, Justice Edwards, ;Supervisor Harris. This resolution was declared duly. ADOPTED. 20.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED by the Town Board of the Town of Southold that pursuant to the pro- visions of Section 284 of the Highway Law, the Town Board agrees that moneys levied and collected for the repair and improvement of highways,! and received from _ the State for the repair and improvement of highways, shall be expended as follows: The sum of $1,619,000.00 may be expended for general repairs upon 188.88 miles of Town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof; and be' it further RESOLVED that no moneys set aside for such improvement, shall be expended, nor shall any work be undertaken on such improvements, until the County Superintendent approves the plans, specifications and estimates for such construction. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, ,Supervisor .Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of. Southold hereby grants -permission to Assessor Robert I . Scott; Jr. and Supervisor Scott L. Harris to travel to Albany on January 2, 1991 to attend a meeting to challenge the Town of Southold's equalization rate, and the necessary expenses for travel and meals shall be a legal charge against the Assessor's and Supervisor's 1991 Budget. 21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. r 22.-Moved by _Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the application of Mary .H. Petrauskas Ciupryk for renewal of 'her single family house trailer permit which expires on December 12, 1990, for trailer located at 390 Hill Street, Mattituck, New York, be'and hereby is .granted for a six (6) month period. 22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor. Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of funds within the 1990 Highway - Whole Town Budget: From: DA.5130.4 Machinery, Contractual $ 5,000.00 To: DA5142.2 Snow Removal, Equipment $ 5,000.00 23.-Vote!'of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly, ADOPTED. DECEMBER 11, 1990 237 24.-Moved by Supervisor Harris, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa Spiro to the position Planner Trainee, from the Suffolk County Department of Civil Service Certification of Eligibles List, effective December 11, 1990, at a salary of $23,915.58 per annum. SUPERVISOR HARRIS: This is an employer, that we've had here on a provisional basis, who has passed her civil service test, and has of now acquired permanent status within the Town. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Sonya Smith from -her positions- as a Kitchen Aide, under the Nutrition Program, and a Brief Respite Aide, under the Brief Respite Program, effective November 30, 1990. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Councilwoman .Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board 'of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget to cover overdrawn budget line items: To: A1010.4 Town Board, Contractual Expenses $ 5,000.00 A1110.4 Justices, Contractual Expenses 2,000.00 A8160.4 Refuse & Garbage, Contractual Expenses 50,000.00 A8540.4 Drainage, Contractual Expenses 1,000.00 A8660.4 Community Development, Contractual Exp. 15.00 From: - A7180.1 Beaches, Personal Services $ 5,000:00 A8310.1 Water Administration, Personal Expenses 2,500.00 _ A8310.4 Water Administration, Contractual Expenses 515.00 A9010.8 NYS Retirement, Employee benefits 50,000.00 26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budget modification to the General Fund - Part Town to cover overdrawn lines, anticipated needs: To: 133120.1 Police, Personal Services $ 200,000.00 B3120.4 Police, Contractual Expenses 20,000.00 B3130.4 Bay Constable, . Contractual Expenses 2,000.00 B990.1 .9 Transfers to Other Funds 500.00 From: B3120.2 Police, Equipment $ 20,000.00 B9015.8 Fire E Po1'ce Retirement 124,000.00 139060.8 Hospital F Wedical Insurance 78,500.00 27.-Vote of the Town Board: Ayes: Councilman Wickham,, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budget modification to the Employee Health Benefit Plan to appropriate recoveries from Stop-Loss aggregate insurance policy: To: Revenues: MS..2680 Insurance Recoveries $ 150,000.00 Appropriations: MS.1989.4 Medicare Reimbursement $ 20,800.00 NIS.9060.8 Hospital E Medical Insurance $ 129,200.00 28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This. resolution was declared duly ADOPTED. 238 DECEMBER 11 , 1990 29.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the' Town Board of the Town of Southold hereby authorizes the following 1990 budget modification to the Fishers Island Sewer District to provide for overdrawn line item: To: SS2. 1440.4 Engineer, Contractual Expenses i $ 565.00 From: SS2.8160.4 Refuse & Garbage, Contractual Ex,p. $ 565.00 29.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, 'Supervisor Harris. This resolution was declared duly ADOPTED. m- 30.-Moved by Justice Edwards, seconded by Councilman Wickham it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the' following , 1990 budget modification to the Fishers island Ferry District to provide for lighting & obstruction removal at Elizabeth Airport, and to cover overdrawn line items and anticipated needs: To: Revenues: SM599 Appropriated Fund Balance $ 180,000.00 Appropriations SM5610.2 Elizabeth Airport, Contractual Expenses $ 180,000.00 SM5710.4 Ferry Operations, Contractual Expenses 30,000.00 SM9060.8 Hospital & Medical Insurance 8,000.00 From: SM1910.4 Insurance, Contractual Expenses $ 30,000.00 SM9010.8 NYS Retirement 8;000.00 30.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, 'Supervisor Harris. This resolution was declared duly ADOPTED. 31 .-Moved by Councilman Wickham, seconded by Justice Edwards, it wa's RESOLVED that the Town Board of the Town of Southold hereby authorizes a cash advance in the amount of $30,000.00 on December 12, 1990, and up to $100,000 00. on December 26, 1990 from the Highway Fund - Whole Town to the General Fund Whole Town; said advances to be repaid to the Highway ,Fund - Whole Town upon receipt of other cash due the General Fund - Whole Town: 31 .-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice. Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. _ 32.-Moved by Justice Edwards; seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to terminate the employ- ment of Walter E. Du quid as a Deckhand, effective November 7, 1990. 32.-Vote of the Town Board: - Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 33.-Moved by Justice Edwards, seconded*by Councilwoman Oliva,, it was RESOLVED that 'the Town Board of the Town of Southold hereby. authorizes the Board of Commisssioners of the Fishers Island Ferry District to hire Frederick C Barrett, part-time Deckhand in the employ of the Fishers ,Island Ferry District, as a full-time Deckhand, effective November 8, 19.90, to fill the vacancy created by the termination of Walter E, Duguid. 33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 34.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that, Town Board of the Town of Southold hereby terminates the employment of provisional Clerk Typists Lynda Rudder and Jane Blados, effective December 4, 1990, all in accordance with the provisions of Section 65(3) of the New York State Civil Service Law and Rule XII (1) of the Suffolk County Civil Service Rules. 34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I v DECEMBER 11 , 1990 239 34.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that Town Board of the Town of Southold hereby terminates the employment of provisional Clerk Typists Lynda Rudder and Jane Blados; effective December 4, 1990, all in accordance with the provisions of Section 65(3) of the New York State Civil Service Law and Rule XI I (1) of the Suffolk County Civil Service Rules. 34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, 'Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 35.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby abolishes the position of Clerk Typist in the Office of the Town Trustees presented held by, Jane Blados, and the position of Clerk Typist in the Office of the Building Depart- ment, presently held by Lynda Rudder, Effective December 4, 1990. 34.-Vote of the .Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 36.-Moved by Supervisor Harris, seconded by. Councilwoman Oliva, it.was. RESOLVED that the Town Board of the Town of Southold hereby appoints Lynda Rudder as a temporary full-time- Clerk Typist in the Building Department, effective December 4, 1990 through December 31, 1990, and Jane Blados as a temporary, full-time Clerk Typist in the Office of the Town Trustees, effective December 4, 1990 through December 31, 1990, both at their current salary of $18,435.30 per annum, 36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice,, Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 37.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jane Blados as a part-time Clerk Typist in the Town Clerk's Office, effective January 2, 1991 , 17-1./2 hours per week,'$7.00 per hour. 37.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly .ADOPTED. 38.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby permanently reassigns Senior Account Clerk Betty Wells to the Southold Town Police Head- _ quarters, effective December 3, 1990, at her salary, which is to be charged to B3120.1, Police, Personal Services. 38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 39.-Moved by Councilwoman Latson, seconded by-Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints .the following individuals to the Southold Town Youth Board, effective January 1, 1991 through December 31, 1992, whose objective will be to undertake an investigative study of the needs of the youth in Southold Town, said individuals to serve without . compensation: Greenport School District; Youth Representatives: Cynthia Goldsmith, Damon Rallis. Mattituck School District, Youth Representatives: Amanda - Barney, Janet Grefe, Adult Reprentative: James Christie. Southold School District, Youth Representatives: Isaac Kaplan, Ryan Springer. Alternates: Stephen Kohl, Stuart Ross. Greenport/Orient/East Marion Adult Resident Representative James Martinson, Mattituck/Cutchogue/New Suffolk Adult Representative Bonnie Mazzaferro, Southold/Peconic Adult Representativve Marie Tillistrand. Civic/Church/Business Representatives: Karen Diffley, .Mark Gagen. Agency/Organization Representatives: B.O..C.E.S. is Barbara Christina, C.A.S.T.:James Bradberry, Family Service League :Cynthia Kumelos, H.U.G.S.: Kimberly Walz. Southold Town Department Representatives: Community Development: James McMahon, Juvenile Bureau: Kevin Lynch and Beth Wilson. Law:. Harvey Arnoff, Recreation: Kenneth Reeves, Town Board: Councilwoman, Ellen Latson , other Representatives: Councilwoman Ruth Oliva, Eric Olsen. Chairperson: Mary Ann Fleischman. 39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. i , I I 2 f� 4 lJ DECEMBER 11 , 1990 40.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of 'Southold hereby appoints Assistant Superintendent of Public Works. James Bunchuck as the Southold Town Representative to the East End Recycling Cooperative,' in accordance with) the Intermunicipal Agree- ment for same among the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton, and Southold. 40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman. Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 41 .-Moved by Supervisor Harris, 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' Shellfish"; now, there- for, be it RESOLVED that the Town Board hereby sets 2:30 P.M. , Friday, December, 28, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place fora public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Shellfish BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 77 (SHELLFISH) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 77-211 (Dredges and Scrapes) is hereby, amended by adding a new subsection 77-211 .2 to read as follows: 77-211 .1 . No person shall remove beach grasses or wetland vegetation of any kind, nor ;place, spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Trustees of the Town of Southold. 11. This Local Law shall take effect upon its filing with the Secretary of State. 41 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 42.-Moved by Justice Edwards, seconded- by Councilwoman Oliva, it,. was RESOLVED, that the Town Board of the Town of Southold i hereby authorizes the. Supervisor, Scott L. Harris, to execute any and all documents, as prepared by the Town Attorney, necessary to effectuate the transfer of two (2) Town owned lots on Flint Street in Greenport,. and one (1) Town owned lot on Walnut Street in Mattituck, by Quit Claim Deed to the North Fork Housing Alliance, together with appropriate Covenants and Restrictions, so that any improvements of the three (3) parcels shall conform to the Affordable Housing Legislation of the Town of Southold. 42.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 43.-Moved' by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town. of Southold hereby accepts the pro- posal of Cameron Engineering; P.C. , for Operating. the Maintenance Evaluation of the Southold Town Scavenger Waste Treatment Facility, at� a lump sum fee of $7,500.00. 43.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. - COUNCILWOMAN LATSON Number 44 is a rather lengthy memorializing resolution, which endorses the nomination of Peconic. Bay by the Southold Town Board to the National Estuary Program. I know I've been involved, as I well as Ruth, with the Brown Tide Comprehensive Management Plan Assessment Studies from the first year of the Brown Tide, and Scott has overwhelmingly endorsed this at the .recent Supervisor's meeting. I don't know if you want to add anything, Scott. SUPERVISOR HARRIS: This is a very important document, and it's supported, not only by this Board, but it's supported, obviously, by' everybody, that not only makes a living from the East End, but everybody else, that realizes that the Brown Tide was just one portion of the crisis that faced our Peconic Bays, and this umbrella policy, which we're going to try to establish, is Nominating Petition, which will be introduced by the Governor, and down into Washington, will give us a broad base support for all aspects of the Peconc Bay,'s relation to problems that exist, so that we can get financial help in those area's, that are so badly needed, when the people on the East End are seeking relief. 1 hope that every town will be in support of this, as we move down the track, and let's hope that 1991, is a good year for the Peconic Bays. DECEMBER 11 , 1990 241 COUNCILWOMAN OLIVA: This has been five and a half years in the making. 44.-Moved by Councilwoman Latson, seconded by the Entire Town Board, WHEREAS, the Peconic-Gardiners Bay Estuary provides essential habitat for many diverse species of shellfish, finfish, and waterfowl, and other important aquatic organisms; and WHEREAS, the Bay serves as a cornerstone in supporting the region's economy; WHEREAS, the Bay provides unique recreational opportunities and enhances the quality of life on the East End; and WHEREAS, portions of the Bay have experienced degradation of envionmental integrity resulting in closure of considerable acres of shellfish grounds with a disastrous effect on local baymen; and WHEREAS, in the past five years the brown algae bloom has had a devastating effect on shellfish populations, resulting in a loss of approximately $3 million annually to the local shellfish industry; and WHEREAS, the cause of the Brown Tide is unknown,and WHEREAS, algae blooms are often associated with overland runoff from fertilizers, agricultural chemicals, and roads, and with effluent from sewage treatment plants and on-lot sewage systems; and WHEREAS, further damage and continued degradation to the Bay may lead to severe reduction of fishing, swimming, boating, and other recreational uses and con- sequently have a deleterious effect on the tourism/resort and second-home industry; and WHEREAS, through the cooperative efforts of local, County, State and Federal government and citizens, advances have been made to better understand factors which have impacted the Bay, and . WHEREAS, through the same cooperative efforts greater public awareness has supported all efforts to preserve the Bay and restore currently degraded areas of the Bay to their former status;-and WHEREAS, in spite of these efforts, a 1.more formal structure and coordinated managment "program for all 'levels of-government is needed to address the critical issues facing'-the Peconic Bays;"and WHEREAS, Congress has designated the Peconic. Bay for priority consideration for inclusion in`to the National Estuary 'Program 'and WHEREAS, the U.S. Environmental Protection Agency must approve the Peconic Bay inclusion into the National Estuary, program; and ­ WHEREAS,. the. Suffolk County Department of Health Services is in the process of Preparing a' nomination document which will be presented to the U.S. Environmental Protection Agency; and WHEREAS; the essential component.'for'success ful :restoration of the Peconic Bay is local governmental support and mutual cooperation to achieve this objective; NOW,' THEREFORE,. BE .IT RESOLVED that the Town Board of the Town of Southold wholeheartedly endorses and supports efforts to preserve the Bay and restore areas currently.degraded; and BE' IT`-FURTHER-RESOLVED that' the Town Board of the Town of Southold hereby calls upon .the Governor of the State. of. New York to expeditiously/ review and accept 'the nomination document being prepared by the Suffolk County Health Department;'' and BE IT FURTHER RESOLVED that the Town Board of the Town of Southold requests the Environmental Protection Agency to expeditiously review and accept the Nomination Document which will include the Peconic Bay into the National Estuary Program and also, access to federal funds for remedial measures; and BE IT FURTHER RESOLVED that the Town Board of the Town ofl Southold pledges _ mutual cooperation with other levels of government and states as a paramount goal the preservation of the Peconic Bays and restoration of the water quality of . degraded areas of the Bay and its tributaries to the fishable and swimmable state for the benefit of present and future generations; and BE IT FURTHER RESOLVED .that the. Town Clerk is hereby directed to forward copies of this resolution to the Clerks of the Towns of East Hampton, Shelter Island, Southampton; and Riverhead, and majority and minority leaders of the New York State Senate and Assembly, the Governor of the State of New York, the Long Island Delegation to the New York State Legislature, the Majority and Minority leaders of the United States House of Representatives and the United States Senate, the President of the United States, and the Lone Island Delegation to the United States Congress. 44.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 242, DECEMBER 11, 1990 45.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 11 , 1990, REPEALING AND REVOKING THE BOND RESOLUTION HERETOFORE ADOPTED NOVEMBER 13, 1990. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVED (by the favorable vote of not less than two-thirds of all the members of said Town Board) : AS FOLLOWS: Section 1 . The bond resolution of the Town of Southold, in the County of Suffolk, New York, heretofore adopted by the Town Board of said Town at a regular meeting of said Town Board held on November 13, 1990, and entitled: "Bond Resolution of the Town of Southold, New York, adopted November 13, 1990, authorizing the reconstruction of the Gull Pond bulkhead, within said Town, stating the estimated maximum cost thereof is $100,000, appropriating said amount therefor, and authorizing the issuance of $100,000 serial bonds of said Town to finance said appropriation," is hereby repealed and revoked. Section 2. No indebtedness has been heretofore contracted or encum- brances made pursuant to the resolution hereinabove cited. in Section 1 . hereof. Section 3. This resoltuion shall take effect immediately. 45.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman. Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This bond resolution number 46a is the Town of Southold is going to adopted today in authorization for reconstruction of Gull Pond, the bulkheading within the Town estimated maximum cost is $1,00,000. , appropriating said amount of these bonds is going to be $100,000 in serials, and this to financially aid this project. The reason why we had to withdraw the resolution,that we did a number of weeks ago, is because after reviewing this bond, it was found that the life of this bond was only five years, where it should' have been ten. There was an error made through the counsel; and it has been corrected, and now, the life of this is now ten years, which again, will help support, not only the recon- struction, but certainly help the people of Southold easing the burden of paying for this. So, I definitely move this resolution. 46a.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 11, 1990, AUTHORIZING THE RECONSTRUCTION OF THE GULL POND BULKHEAD, WITHIN SAID TOWNS TATING THE ESTIMATED MAXIMUM COST THEREOF IS $100,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TWON BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK,- HEREBY RESOLVED (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 reconstruct the bull Pond bulk- head, within said Town. The estimated maximum cost of 'said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, if $100,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $100,000 serial bonds of the Town to finance said appropriation, 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 principal amount of $100,000, are hereby authorized to be issued pursuant to the provisiosn 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 appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said $100,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11 .00 a. 22(b) of the Law, is twenty (20) years; however, the period of probable usefulness of said $100,000 serial bonds is hereby limited to ten (10) years. y 3 DECEMBER 11 , 1990 243 (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 4 of the Law. (c) . 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 payment of the principal of and interest on said bonds and any notes issued in .anticipation 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 the 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 author- izing 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 anti- cipation 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 fo 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 r e- ar.e:not substantially. complied with and an:action, -suit or proceeding contesting such validity, is commenced within twenty days after the date of' such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to permissive referendum. 46a.-Vote of the Town Board: Ayes: Councilman.Wickham, Councilwoman Latson, Councilwoman-Oliva,,_Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was-declared duly ADOPTED. 46b.-Moved by Councilwoman .Latson, seconded by Supervisor Harris THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFO"LK, NEW YORK, HEREBY RESOLVED AS FOLLOWS: Section 1 . . The Town Clerk of said Town of Southold, shall with ten (10) days after the adoption of this" resolution cause, to be published, in full, in !',THE .LONG ISLAND:TRAVELER-WATCHMAN," a newspaper published in Southold, New York- and in "THE' SUFFOLK TIMES," a newspaper published in Mattituck, New York, two newspapers '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 that on December 11, 1990, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolu- tion entitled: "Bond Resolution of the Town of Southold, New York, adopted December 11, 1990, authorizing the reconstruction: , . of the Gull Pond bulkhead, within said Town; stating the —estimated maximum cost thereof is $100,000, appropriating said. amount therefor, and authorizing the issuance of $100,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING said Town to reconstruct the Gull Pond bulk- head, within said Town; and STATING the estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental.theret6 and the. financing thereof, is $100,000; APPROPRIATING said amount therefor; STATING 244 DECEMBER 11 , 1990 the plan of financing includes the issuance of. $100,00.0 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $100,000 serial bonds of the Town pursuant to the Local Finance Law of the State. of New .York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the .period of probable usefulness of the specific object or purpose for which said $100,000 serial bonds are to be , issued, is twenty (20) years; however, the period of probable usefulness of said $100,000 serial bonds is hereby limited to ten (10) years; current funds are not required by the Law to be provided prior to the issuance of the bonds or any notes in anticipation thereof; and the proposed maturity of said $100,000 serial bonds will exceed five (5) years; FOURTH : DETERMINING that 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; i FIFTH ; DELEGATING to the Supervisor the pourers 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: December 11, 1990. Judith T. Terry, Southold Town Clerk. Section 2. After said bond resolution shall take 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 designated 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. 46b.-Vote of the Town Board: Ayes: Councilman Wickham, . Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 47.-Moved by Councilwoman Oliva, 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 Budget Modification to the CSE Day Care Program agreement between the County of Suffolk and the Town of Southold, for the period April 1, 1990 through March 31, 1991, which modification results in a zero net change. 47.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 48.-Moved by Supervisor Harris, seconded by Justice Edwards, it was . RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Budget Modification to the Nutrition Program agreement between the County of Suffolk and the; Town of Southold for the period January 1, 1990 through December 31, 1990, which modification results in a zero net change. 48.=Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly .ADOPTED. I - 51 .-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Karen McNeil as a Brief Respite Aide under the� Brief Respite Program, effective December 18, 1990, at a salary of $5.50 per_hour, 20 hours per week. 51 .-Vote of the Town Board: - Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. . 52.-Moved by Councilman Wickham, 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 submit a grant application to the New York State Department of Environmental Conservation for a $20,450.00 grant for a demonstration project by the Conservation Advisory Council to encourage community involvement and' support in the State's Solid and Hazardous Waste Management Program. 52.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. DECEMBER 11 , 1990 245 53.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 35, adopted on November 13, 1990, to retain Beveridge E Diamond, P.C. as counsel with regard to the 1983 Landfill Law, and hereby appoints the law firm of Smith, Finkelstein, Lundberg, Isler E Yakaboski as counsel with regard to the 1983 Landfill Law; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forward a certified copy of this resolution to Beverage & Diamond, P.C. , Smith, Finkelstein, Lundberg, Isler & Yakaboski, and the Town Attorney's Office. , 11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervi-sor Harris. This resolution was declared duly ADOPTED. 54.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Smith, Finkelstein, Lundberg, Isler & Yakaboski as special counsel, at a rate of $135.00 per hour, to defend the Town in the matter of Zahra v. Town of Southold. 54.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 55.-Nloved by Justice Edwards, seconded by Councilman ,Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followrin:g" additional members to the Southold Town Dog Shelter Relocation Committee, effective immediately: Alice N1alinauskas and Frank Carlin, they to serve without compensation. 55.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman' Oliva, Councilman Penny, Justice Edwards, ' Supervisor Harris. This resolution was declared duly ADOPTED. ... 56.-Moved by Councilwoman Oliva, seconded by The Entire Town Board, 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 Recycling"; now, there- fore, be it RESOLVED that 'the Town Board hereby sets 2:35 P.M. , Friday, December 28, 1990, Southold Town Hall, Southold, New York, as time and place fora public hearing on. the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Recycling BE IT ENACTED .by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 48-1 (Definitions) is hereby amended to read as follows: REFUSE - Any hurian, animal or vegetable refuse, offal, swill, cesspool and/or septic waste; '.sewage, garbage, paper., ashes, junk, trash, rubbish, waste, or whatever material composed,_ discarded machinery or parts thereof, discarded vehicles or part thereof and an unlicensed moter vehicle parked, stored or standing outside an enclosed building in an inoperative -condition for more -that thirty (30) days. REFUSE shall not include cans, glass, plastics or newspaper as further defined "herein. 2. Section 48-1 (Definitions) is hereby amended by adding thereto the following: CANS - Shall be a recyclable and shall mean containers with or without labels comprised of aluminum, tin, steel, or a ' combination thereof, which contains or formerly contained only food and/or beverage substances. CANS shall not mean oil, paint, pesticide or aerosol cans. GLASS - Shall be a recyclable and shall mean all- clear (flint) green and brown (amber) colored glass containers. GLASS shall not mean wired glass, crystal, ceramics, plate, window, laminated, mirrored glass, or light bulbs. PLASTICS - Shall be recyclable and shall mean all food, beverage or household containers, such as: : Soda; detergent, bleach, milk, juice, shampoo bottles, cooking oil bottles, rinsed clean. PLASTICS shall not mean caps, appliances, plastic with metal parts, six pack rings, biodegradable bags, disposable diapers, pens, razors, flower pots or bags, fiber- glass, waxed cardboard containers, vinyl or styrofoam. NEWSPAPER - Shall be a recyclable and shall include newsprint : and all newspaper advertisement. ,NEWSPAPER shall not include phone books, junk mail, plastic bags, cardboard_ boxes, brown paper bags, magazines, catalogs or glossies. 3. Section 48-3 (A) (Town Refuse Disposal Area) -is hereby amended by adding thereto the following: - '4 DECEMBER 11 , 1990 I _ I ' A. SELF-HAULERS 1 . No cans as defined hereing shall be deposited at any Town of Southold disposal area unless such' cans are separated from any and all solid waste, trash, rubbish, vegetative yard waste, cardboard, glass, metal or paper. Such cans are to be deposited only at designated areas within such Town disposal, area. 2. No glass as defined herein shall be deposited at any Town of Southold disposal area unless such I glass is separated from any and all solid waste, trash, rubbish, vegatative yard waste, cans cardboard, metal or paper. Such glass is to be deposited only at designated areas within such Town disposal l area and in the area designated for the particular color of glass (i.e. clear, amber or green) . ' _ 3. No plastic as defined herein shall be deposited at any Town of Southold disposal area unless such' plastic is separated from any and all solid waste, trash, rubbish, vegatative yard waste, cans cardboard, glass or paper. Such plastic is to be deposited only at designated areas within such Town disposal area or transfer station. 4. No newspaper as defined herein shall be deposited at any Town of Southold disposal area unless such newspaper is separated from any and all solid waste', trash, rubbish, vegetative yard waste, cans, cardboard, glass or plastic. Such newspaper is to be deposited only at designated areas within such Town disposal areal. B. PRIVATE TRASH HAULERS/CARTERS 1. The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect waste, pursuant to the provisions of this chapter, shall place recyclables in a separate, rigid container at curbside for collection on 'such day or days as the licensee serving such residence shall designate. 2. It shall be unlawful for any person to place out for collection any container in which other solid waste is mixed with recyclables. 3. It shall be unlawful for any person to collect from a residence. solid .waste mixed with recyclables. 4. It shall be the responsibility of every resident of the Town who does not utilize the services of a person licensed to collect waste pursuant to the provisions of this chapter, to deliver or cause to be delivered recyclables, separated from all other solid wastes, to the recycling area of the Town landfill for deposit into the appropriate receptacles maintained at said recycling area. 4. Section 48-4 (13) (3) (Fees) is hereby amended to read as follows: 3. Wood, including .but not limited to timber, logs, boards and the like, unless such material is designated, by the landfill atendant as clean (i.e. , wood containing no _ nails or other metals), reusable and/or recyclable, in which case, such material shall not be subject to the fees as set forth in this Chapter. 5. Section 48-6 (A) and (B) (Penalties for Offenses) is hereby amended as follows: A. Any person committing an offense of illegal dumping under. . fffffffiffiil� this chapter .shall, upon conviction thereof, be guilty of a violation punishable as follows: 1 . For a first offense: a. A fine of not less than one thousand dollars ($1;000.) and not more than fifteen hundred dollars ($1,500.) , or b. Imprisonment for a term not, exceeding ten days (10), .or . c. Community service of forty hours (40) ,to be performed within thirty days (30) ;of the date of sentencing. 2. For a second offense: a. A fine of not less than two thousand five hundred dollars ($2,500.) and not, more than five thousand dollars ($5,000.), or / DECEMBER 11 1990 Z 47 b. Imprisonment for a term not exceeding thirty days (30) , or c. Community Service of one hundred and twenty hours (120) to be performed within ninety days (90) of the date of sentencing. B. Any person committing 'an offense against this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount.of one hundred dollars ($100.) for each offense. Any person committing a - - second and/or subsequent offense within twelve (12) months of the date of the fist offense shall be subject to a civil penalty enforceable and collectible by the .Town in the amount of two hundred dollars ($200.) . Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. II . This Local Law shall take effect upon it filing with the Secretary of State. 56.-Vote of the Town Board: Ayes: Councilman Wickham, 'Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. COUNCILWOMAN OLIVA: I'd like to just say one thing. I think it should be".- noted, with 'the offenses, and Harvey brought it to my attention. I just want to read this section of the new proposed mandatory 'recycling, "any person committing any offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty.of a violation punishable as follows: For a first offense: A fine of not less than one thousand dollars and'not more than fifteen hundred dollars,. or b, imprisonment for a term not exceeding ten days, or community service of forty hours to be performed.-with thirty days of the date of sentencing. For a second offense: A fine of not less than two thousand 'five hundred dollars and not more than five thousand dollars, or imprisonment for a .term not exceeding thirty days, or, community service of one hundred and twenty hours to be 'Performed within ninety. days of the date of sentencing. Any person committing any offense against this chapter shall. be subject to a civil penalty enforceable and collectible by the Town in the amount •of one hundred dollars for each offense. Any person committing a second and/or subsequent offense with twelve months of the date of the first offense shall be subject to a civil penalty enforceable and collectible by the Town in the amount of two hundred dollars: Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue." So, they're putting some teeth into it. -Hopefull,"­we will not have to use it. Thank you. TOWN CLERK TERRY: And you might•add that, this entire Law, proposed Law, will be published in the newspapers. It will be there for everyone to read. Do you want to vote on the public hearing, that we had on the Zoning? 57.-Moved by Councilman Penny rseconded by 'Supervisor Harris, WHEREAS, a proposed Local Law No. 29 - 1990 entitled, "A Local Law in Relation to Zoning -Application Fees" was introduced at a meeting -of this Board held on the 26th day of October,, 1990; and WHEREAS, a public hearing was held thereon by this Board on 'the 11th day of December, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that. Local Law No. 28 - 1990 be enacted as. follows: LOCAL LAW NO. 29 - 1990 - A Local Law in Relation to Zoning Application Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 1.00 (Zoning) of the Code of the Town of Southold is hereby amended as follows. 1 . Section 100-262(A) (Application; hearing; approval; violations of conditions) is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to .the Zoning Board of Appeals, which shall review :the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory',- the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The -fee fora special exception shall be three hundred dollars ($300.), as set forth in § 100-274. I I 248 DECEMBER 11 , 1990 2. Section 100 274 (Fees) is hereby amended to read as follows: Applications to the Board of Appeals for any relief herein shall be accompanied by a; fee as hereinafter provided. A. For applications involving fences, accessory, structures, .or accessory buildings containing .less than two hundred square feet (200) in floor area, the fee shall be one hundred fifty dollars ($150:) B. For all other applications, including those involving commercial property, containing a single request (for example, an application requesting one variance or an application requesting a special _.. exception) , the fee shall be three hundred ;dollars ($300.) C. For applications containing more than one request, (such as an application requesting an area variance and' a width variance) , the fee shall be five hundred dollars ($500.) . II . This Local Law shall take effect upon its filing with 'the Secretary of State. 57.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson. This-resolution was declared duly ADOPTED. SUPERVISOR HARRIS: That ends the regular portion of our meeting. I'm going to let Councilman Penny take over at this point. I'm going to try to get back to my district to exercise my right to vote tonig,ht, in a Fire- District election. Have a nice Holiday, and I'll see lyou soon. Supervisor Harris left at 8:45 P.M. COUNCILMAN PENNY: At this point are there any additional comments by any Town Board members,, before we go to the public for their comments? COUNCILWOMAN LATSON: I would just like to give a brief Councilman's report. On the 8th we had a Planning and Zoning Committee meeting, which Ruth chaired. I'm sure she'll report on. We, also, had interviews for. the Police Lieutenant, and I have to say that both candidates for the job were obsolu,tely excellent, or else they wouldn't even have been" sitting there to be interviewed to begin with. On _ Thursday, we held a recycling .finance alternative meeting; and we discussed the 1991 anticipated Town recycling costs. They're estimated at about $100,000. We discussed several metholds of financing this, in addition to the $25. sticker fee, that was passed by the Town this year. We wanted to keep any user fee involved as low as possible, but as wide and broad based as possible to include all. We discussed formation of a garbage district at this time, but we ruled it out, because we felt it would just be too 'bureaucratic and confusing to implement at this time, and also, taxing the general tax base, which was kind of out because we've adopted our 1991 budget. We discussed several alternatives. Among them was a punch card to have punched, and 'pay a fee when you go into the landfill to dump household garbage, and several other imethods. The best, after we 'reviewed many methods used in many towns through a very comprehensive booklet, that was presented to us in publication. We're' looking at bag purchases for this year in implementing charges for bags of garbage to offset the cost of garbage to be anticipated this year, =not a very popular, or something that we're enthused about doing, but none the less .responsible to look at just the same. On the 2nd', I also had some meetings with Bessie Swann from the- Village of Greenport on low income housing needs .in Greenport. On Monday, December 3rd, I met with the East End Arts Council. Last year we allocated $3,0'00. for a cultural planning study for the Town of _ Southold.. Judy Weiner.- of East End Arts Council and Angie, I can't remember her last name, did a survey and the analysis: Lois Southoff of the Mattituck Chamber .of Commerce, Bea Hardy, and many other participated in the survey. We are, endeavoring to bring additional fine arts to the North Fork. • During economic depressed times people tend to go to more movies, and tend to go to more functions closer to home, and the results of this study pointed out that 640, an overwhelming majority of the population within the Town of Southold, stated that the group that needs to be addressed was the teens. We ,also had a meeting on runoff with Ray Jacobs to' implement the road runoff drainage program for ;Goose Creek this year, and last 'night we attended ;the meeting on the Waste Management Task Force. The only other thing, that I'd like to .comment, I thank you for your indulgence, is the decision, or the resolution, to hire the law firm in defense of the Town: Several statements were made. ,Many statements were made over a year, ago., on both sides of the political fence; as far as. the landfill law, went, and I personally voted for advocated, the approval of the Daneco plant to 'provide a facility in the Town to handle the non-recyclable municipal solid waste with Shelter Island, River- head, and Southold Town. ; Today, it's interesting to see that Southampton, River- head and East Hampton are all entertaining requests for proposals for composting plants in their towns. We, also,also, said last year, that we knew the DEC, or we anticipated the DEC would fully enforce the. .or attempt to enforce the 1990 landfill closure on December 18. On the other hand, we were told not to vote for the plant, that we would find ai municipal agreement among the towns, that we would j ' 249 DECEMBER 11, 1990 get an extension on the landfill law, and that if all else failed, that we could truck. In April or -May of last year, I don't remember the date exactly, I submitted quite a report to Tom Wickham, and the Solid Waste Management Task Force, outlining the astronomical cost associated with the town with the trucking solution. The Solid Waste Management Task Force. .some of the members are sitting in the audience now, have an attitude or a philosophy, that we can landfill, and many of the Town Board members feel this way, too, for the next 30 years, through the year 2015. That's certainly not my attitude, and I don't think we'll ever get a judge to agree. However, I don't agree with the, DEC pro-burn mentality, and I believe we have to have more time. As an elected official, I can not ask the public to go cold turkey, and endure the extreme economic hardships and costs associated with trucking out of town, and implementing the Long Island Land Law on a short term basis. While I will support any relief attainable to the taxpayer, be assured that I will work with the Supervisor, .the Town Board, and the Solid Waste Management Task Force to come up with a permanent solution, .that does not rely on landfilling. , Thank you, George. COUNCILMAN PENNY: Ruth? COUNCILWOMAN OLIVA: Just a quick update on the Planning and Zoning. I attended most of the meetings, that Ellen has already reported upon. The Architectural Advisory Committee with go to the Legistative Committee to draw up something in the Code to help the Planning Board with their architectural review. We do not have a report yet for the affordable housing. Hopefully, that will be done soon. We talked about the different commercial zones, to look all over at some of permitted uses, that are allowed now. Some are allowed by special exception. Some of the uses are too similar. We even have a gas station, that's in a marine zone. We discussed the fact that, either the Planning Board has some time to .do something in house, or use student- i.nterns in the summertime. They felt that they needed some sort of landclearing ordinance, which we'll have to go back and discuss. We discussed about open space management. ' If we do acquire some lands under the open space quarter per. cent sales tax of our own, bringing some sort of management..plan, and Jim McMahon suggested that Tom Mumff from Southampton might come over. They're doing an open space management plan. Perhaps he would- come over, and talk to us. We thought it would be a good idea to do some coordination with the Tree Committee, as far as our. affordable housing districts are concerned to get some trees up, and we would like to have perhaps another SEQR workshop, as we have had in the past with the former Town Attorney. We need a beginner's course, and another*advanced course. -... I -.would just like to add something, too, about voting for the lawyers to litigate the landfill law. I do feel we do-need some sort of professional' legal help. It's unfortunate that we have had to wait to the enth hour, really, to -the eleventh hour, to come up with some of these questions, that perhaps should have been made available to us, or we should have thought of a few years ago, and now we're just down to the eleventh and half hour, to decide. this.. I,.take ,note .of Ellen's comments about the other towns going to. the.composting. .1 have always believed' in the composting. I do believe that perhaps there are some changes needed in the landfill law, or to allow us to do something, if we completely do the 700 recycling and reduction. My thought is, and as an environmentalist, I must say this, that the-produce -you have left is basically food stuff, dirty papers, and what have you, and just to dump that into the ground, even with 30 tons a day, it's 30 tons a day, 365 days a._year, year in and year out, and I don't see that that is a good way of. .e' nvironmental way of getting rid of -your- garbage, when there is an alternative of making a product, that is usable, and perhaps even salable, and then the remainder, which is left from that process, could be put into a lined' or even an unlined landfill, because there should nothing .that would be hazardous to the groundwater. Thank you. COUNCILMAN PENNY: Tom? - COUNCILMAN. WICKHAM: I'd, like to hold my comments, and I may respond to questions, that come from the audience. COUNCILMAN PENNY: Ray? JUSTICE EDWARDS: Back to Daneco's $8,000,000. composting, Of course I was for the composting, but we were not given the total picture on that. If the composter was in—wouldn't have been in operation yet, perhaps maybe it would have been, but we would still be looking for a place to haul the ash out of there, probably forty, fifty percent residue. We would have to put in a lined landfill. don't think the residue could be buried directly into the landfill, and that $8,000,000. for the Daneco composter did not include the lined landfill, nor the trucking, so I think we're on the right track the way the Town Board, the present Town Board, is going now, and I think only the future will prove we're right. Thank you. i 250 _ DECEMBER 11 , 1990 COUNCILWOMAN OLIVA: Judge, I just want to say, that my remarks were not specifically designed to the Daneco plant intself, or the proposal that was made. COUNCILMAN PENNY: I would just 'like to say, that I'm very happy to see the unitity of the Town Board at this time. It's been a long time coming. I think that finally we have a unanimous agreement here to challange the `Long Island Landfill Law, which through the work of many people on our Task Force, and many citizens in our community, with the encouragement of TaxPac, the League of Women Voters, Southold 2000, the NFEC, and several other groups on record, and many personal comments, -that have been made by individuals, is that Southold Town can not comply With the Landfill Law, as it is worded, and I concur With that 1006. It's been my position, and litigation has been inevitable from the day that we started this, and the DEC has put us in a position by not responding in a timely fashion by only acting as a . . 1 can't use the word I'd like to use, but all they've done is sit there, and told us everytime that we've come up with a proposal, and some of these, including the hydrological study are doing on three years now, they've only told us what we can't do, but as they've told us over and over, again, that although they are mandated under the New York State to offer us techiic_al assistance, they've told us right up front, that they have no' technical assistance to give us. So, I'm very happy to see that the Town Board has taken this position, and I wish us all, and the other East End towns with us, luck with this pending litigation. We'd like to go to comments with the audience at this time. - Please come up to the podium, state your name, and whatever matter you'd like to address the Town Board on. CHARLES ZAHRA: Charles Zahra from Mattituck. Subject matter is a letter of October 16, 1989. The last time I spoke to you peoplewas 7/30/90, and I'm just . curious if you could give me an update, as to what's taking place with this matter. .. TOWN ATTORNEY ARNOFF: What letter is that? CHARLES ZAHRA: The Alvah's Lane. TOWN ATTORNEY ARNOFF: What letter are you talking about? I'll answer your question. What was the letter in July, that you're referring to, the one in 1990? CHARLES ZAHRA: In July, that was the last time I spoke to the Board, .with reference to that letter, and where it was going. Scott Harris said that based on the information I had provided, that. . TOWN ATTORNEY ARNOFF: I didn't know what you were talking about. At the present moment, no comment is being made in- regard to that, because of your pending litigation. We feel that in part, in whole or in part, it may only be food for your litigation, and, also, .I think we Would be ,ill advised to release any information, provided same were .available,-'and that is my position as Counsel 'of the Town, and I really don't feel that any further comment is appropriate considering . the pending litigation. I'll tell you, there is no written report, so. freedom of information does not apply. CHARLES. ZAHRA: I just want you to know, that .I disagree with you. TOWN ATTORNEY ARNOFF: Fine. That's certainly your right. CHARLES ZAHRA: I believe it's for the benefit of the entire Town of Southold. So you're saying, at any given point, a report will be given on any' action taken? TOWN ATTORNEY ARNOFF: I've made my comment. CHARLES ZAHRA: Thank you. JOHANNA NORTHAM: Good evening. My name- is Johanna Northam. I have two issues I want to address. The first one is about the recycling, mandatory recycling. am disappointed that you didn't address the. construction debris, because that is a major part of our waste stream. COUNCILMAN PENNY: This law addressed only recycables. It's in the process of being drafted. JOHNANNA NORTHAM: The second issue is litigation. You have agreed to take Counsel with Beverage S Diamond, I believe it is. COUNCIMAN PENNY: No. They were just replaced this evening by Smith, Finkel- stein, Lundberg, Isler and Yakaboski. DECEMBER 11 , 1990 251 JOHANNA NORTHAM: Are they familar with environmental laws? Because I feel as a Task Force member, that for a. year we designated ourselves with the law, and the issues, and we should exhaust every 'avenue that's available, before we ` even discuss it. Thank you. COUN 1LMAN PENNY: Is there anybody else in the audience, that would like to address the Town Board? WILLIAM PELL: Billy Pell from Greenport. I wonder if we can have an update on the landfill, on what's going to happen in the next few days. COUNCILMAN WICKHAM: I'd like to make three or four points, Bill, that I think would outline the thinking of this Town Board at this time. Really four points. The first.one, I think the question that you pose is the question on everybody's mind basically. What is going to happen on the 18th or the 19th,. A. message from the Town of Southold is, that the dump, the landfill, will continue to be open. Discussions about closing it, and padlocking it, and walking away from it, I think are irresponsible, and do not reflect the views of the Town. The buildinq will be open. The gates will be open. It's Town property. We do not anticipate it's being closed. If there were a closure, it would be to the ground area way in the back. were the landfill actually occurs. There's recycling that's going on. It's a permitted activity, the STOP Program, the yard waste composting. Certainly, those things are not going to be stopped. Residents should continue to bring in their garbage, as they have been doing for years and years, and carters should bring it in. The Town will take responsibility for where it goes. At the moment, our thinking is, that -it could continue to be landfilled in the back. If .by the time the 19th comes around, we don't think that's prudent, we have. contingency plans where it could be taken. But, in any event, as far as the people of the Town are concerned, the landfill will continue to operate as it has in the past, and people should feel free to bring in their materials. Second part I want to refer to is the point that Johanna made about the madatory recycling. We view this as an extremely important measure for the Town of Southold, and I think you'll find the Town Board will adopt those ordinances as quickly as feasible. As was brought out in her question, the Town is, at the moment, preparing legislation for the possible fazing out of construction type materials, also, from the landfill, which will make a substantial dent, almost 500, in the materials that are brought in. The third thine want to say, is I want to make a few comments about how the Town is doing to be relating with the DEC in the future. I'd like to profess those comments with two sentences from the lead editorial from a local newspaper last week, and I'll just quote this. But this much seems clear, the Long Island Landfill Law deserves a place in history as the biggest governmental fiasco since the Southwest Sewer District. The landfill challenge called for broad vision, and true leadership, but what we've seen is chronic confusion, and petty. politics with a vacuum of leader- ship in Albany. I think that reflects the views of most of us on the Town Board. We have been frustrated at every step in trying to deal with the DEC. It's .not. . I'm not able to outline to you this evening briefly, .how the Town is doing to try to press it's legal challange. All I can say is, we believe there are sound grounds for challanging the-application of the law, the interpretation of the DEC has assigned .to the Town of Southold. As you- may know, or shortly learn, in the runup to the deadline next week, in the last few, days the DEC is spending it's time trying to press the Town of Southold into a consent order. The hydrogeologic study is that we passed a bond, we passed a resolution endorsing a bond, is basically a study to measure the impact- of the dump as it exists, and the possible contamination of groundwater as that water moves towards the Sound from where the landfill is. We made an application to make those studies way back in, I - believe, it was May of last year. As of today, we still have not got an approval from the DEC to carry it our, and without that approval it's foolhardy for the Town to spend massive amounts of money, and then to be told, no, what you're doing is not in conformance with our recommendations, and.. we will not abide by those data, and still despite all kinds of representation, we have not got a permit to conduct those studies. There are all kinds, of frustrations, and basically, it is those difficulties which have lead us, at this late date, to challange the applica tion of the law to the Town of Southold. There was a comment from one of my collegues, that it's rather too bad that it's come at the last minute, but in part that's because w'e've tried to work in constants with the towns of Riverhead, Southampton, Easthampton, and Shelter Island,. and at the moment all of them, except for Southhampton, are•on board on this. We think it is the responsible thing to do to press the DEC to stand up and say we are not prepared to live with the strictures of this law, as they have been applied to us. We can't tell you exactly where we're going to come out on it, but we think it is the responsible thing to do with this town. ' Lastly, I want to comment on the importance of a bi-partisan effort on the part of the town. As George mentioned tonight, we had, 252 I think, a good demostration of how the town should approach the problem, and how we should relate to the DEC. We had a unanimous Board movements on each of the major pieces. That doesn't mean that each of us has exactly an identical point of view, and you've heard some of the variation in our views. That's important, but what is much more important is that both, we on the Board, and the public at large, support broadly this effort, and we'll be coming to the people. of the town asking for demonstrations of that support, as we continue to negotiate and to seek a relationship with the DEC, that is clearly in the town's interest. As far as the Board goes, each one of us on the Board has played an important role so far, and I think we each will continue to play an important role in seeking a solution to the problem, that it's in the- Town's interest. I not going` to name it now, but each one of us has had a particular role, that has been important, and I think each one of us will continue to take that role. Thank you. COUNCILMAN PENNY: Anybody' else in the audience like to address the Town Board? STEVE LATSON: Steve Latson. I surprised Ellen tonight. I'm from Southold. It's been long time with this whole dump issue, and I have my own feelings, which has nothing to do with Ellen whatsoever. I've got a little demonstration here of a point of information flyer what with Republican. I think this kind of says it all easily. First, I'd like to say_ that, when the Brown Tide came, which is a pollution issue, and so is the dump. All of these are environmental issues. Myself, and a couple of other baymen from the East End, formed a group called Green Seal, and we brought scallops back to the Peconic. We had to deal with the DEq. We had to deal with the UDC. We had to deal with the Army Corp of Engineers. We had to deal with the IRS, because Green Seal, it turned out, our pargnt, group, had horrible book work, and essentially they were. totally We had 'to take what was left, deal with the IRS and everything else. We had to deal with lawyers, and all kinds of people. We. brought scallops back, and went through an awful lot of hard work, book work. I feel that considering that you guys have known since 1980, that this is happening, that the Town citizens have been given a great disservice, what is finally happening, and you know, I'm sure you will disagree with me, but that's the way I feel, and it's just'really upsetting to me. I really feel the person that was involved in a program, very similar to what you're doing, you know, in many ways. We had to deal. with a lot of very high official organizations, the DEC, -UDC, the IRS, the Army Corp of Army Engineers, etc. So I don't know that deal with that many organizations. We accomplished something in three years, you know. I .don't know why you didn't do it in ten. Anyway, here's ,finally what I'd like to just show you.- This is one of those straight and narrow simple choices, but when you get to the second page, seek relief from some of some of the more rigid features of the Long 'Island Landfill Law. Of course, we will comply with the State law. So, I guess what I'm really saying is, when you run an -election next time, maybe you'd better be a little more honest, and then finally there's a picture here, and it says, Frank Murphy,: will it be nice if starting on the 18th all these trucks from Islip, Medford, Mastic, Centereach, Coram, Yaphank were lined up at our composting plant, come to the Town of Southold with their garbage, which would relieve our taxpayers. Now, I believe this deep in my heart, that this was a good plan, because we would have been forerunners. Instead, here's the Town of Southold back here, and some truck lined up with God knows what dump. Excuse my language. I think this cartoon says it all. Obviously, we have to work together, move on into the future. You guys blew it. Sorry. Good night. WILLIAM PELL: One other question I'd like to ask Tom. If we compost, if we were to compost up there in the future, how much ash would'we get out of ' composting at our landfill? COUNCILMAN WICKHAM: 300. No not ash. 30o product. WILLIAM PELL: I couldn't see where ash came out of composting. COUNCILMAN WICKHAM: 1 don't believe it does. COUNCILMAN PENNY: I think what Bill is relating to is, that Ray in his earlier discussion mentioned the word ash. JUSTICE EDWARDS: Residue. I'm sorry. COUNCILMAN PENNY: What he meant was residue, and I don't think it was inten- tional. Are there any more comments from the audience? DECEMBER 11 , 1990 253 DOROTHY PHILLIPS: I just wanted to know, if you take this into court, 'are there any fines or penalties, or anything that the town suffers, because we are takinq .this route? COUNCILWOMAN LATSON: We're seeking an injunction. DOROTHY PHILLIPS: Is that an injunction? COUNCILWOMAN LATSON : Yes, that what we're doing to seek right now, an injunction, a relief from the Long Island Landfill Law. That's what we're asking for. We tried through the Legislature, and now we're going to try through the courts.. DOROTHY PHILLIPS: In the meantime, you are going to do your best to follow. the Law as it applies after the 18th of December? .COUNCILWOMAN LATSON : We'll try. DOROTHY PHILLIPS: Okay, that's what I wanted to know. Have you contempleted the length of time, that this could be in court? This go be forever. Think of the Master Plan. COUNCILMAN PENNY: Harvey, would you like to address some of these questions? TOWN ATTORNEY ARNOFF: : I'm listening to the question, because under the curcum- stances, litigation of this nature can be given a priority in the courts. It's just a question, whether we. get involved in the Appellete process, and whether or not, there is stays, and injunctions. actually issued by the Court. DOROTHY PHILLIPS: Well, the League of Women Voters, and the North Fork Environmental Council is involved in a suit against the Town, also, and that's suit has moved not a bit. . TOWN ATTORNEY ARNOFF: I'm aware of that lawsuit, because I happen to handling that for the Town, and first of all, sometimes you're dealing with the question of priorities of the Court. In that particular lawsuit, there was a determination made by the. Court, but there was _a question of standing, of plantiffs',to bring the litigation. That will, in itself, tend to delay, because a hearing has to be scheduled on that issue, that narrow issue, before the facts of the case can be dealt with. That is not the issue here, so where you have intervening issue, as you do in the Master Plan litigation, that type of issue is not contemplated. Certainly as a muncipality,. this town, or any other muncipality. under the number of the landfill legislation, would standing in court to challenge it. DOROTHY PHILLIPS:-...Well, 'the .difficulty with this kind of lawsuit is, that while it's in Court, all sorts of things happen to,the ,landfill, . and. to the environment,. because nothing stops. I can't think if this will relate to the landfill situation. The other thing I'd like to say is that the people in this Town are all convinced that that is a very safe landfill, that the leachate_is. .they're all convinced of this. They all feel, that they want the landfill to stay, and our residue, after we have taken the 75% recyclables, and. 10% out for this, and the residue it goes into the landfill. The problem with this is that I think all of us are.convinced, that this is the way to go, but I don't think you've been exactly honest:with us. I don't think that's the way you're going to be allowed to go, and I think people in town - should have a realistic assessment of what's going to happen. COUNCILMAN WICKHAM: 11d like to address that. I'd like to begin by saying, that "your' concern about, do we know how much this is going to cost the town, and do we know how long it's going to take, those are very important concerns, and I would not want 'us to go away tonight thinking this is some easy matter, that's going to be handled painlessly, at no cost, and quickly. It's likely to be pencrastinated.lt's likely to be expensive, and quite frankly, I don't think any of us, knows at this point exactly where we're going to wind up. But we feel it is the responsible thing to do, that we can't just accept the cost, and the consequences, without fighting in some manner. That's basically how, I think we all feel. It is being shared. The costs are being shared by other towns. DOROTHY PHILLIPS.: The other thing, also, that in this whole process of ten years, the orignal bill was written, did anyone ever try along those ten years, to change the bill. I mean actually get legislators in action, take a bill, and try to amend it. In ten years, that has not even happened, has it? 2 5 4 DECEMBER 11 , 1990 COUNCILMAN PENNY: There have been legal court challanges, and there have been offerings of amendments. DOROTHY PHILLIPS: And none of this has gotten anywhere. We have never been able to put enough pressure on our legislators. COUNCILWOMAN OLIVA: The legal challange is last, Dorothy, in court. COUNCILMAN WICKHAM. Her question is basically make- a change in the law through the Legislator, and the answer to that is, there have been many efforts made here on eastern Long Island, but they have been thwarted by many more voters, .that legislators in the other parts around New York City, and what not, that have a much heavier weight. Part of the purpose of our bringing this action, together with the other towns, is to, again, mobilize an effort to redress the law beginning next year. . DOROTHY PHILLIPS: It's awfully late in the game, and mind boggling to think we're doing it at .this point. COUNCILMAN PENNY: People work best under pressure, and as late as ten after. six tonight, Joe Sawicki called the Supervisor's Office from Albany, to among other things, to let us know that there may be some new movement in the Legislature. They've had some concessions, and this is going to be a day to day, hour to hour, scenerio up until the 18th or 19th, and maybe not even until the 1st of the year, but there had been attempts made, right now, even as we speak, the Legislators are trying to get a consensus among themselves, and the Long Island Delegation is trying to get their act together, so that they can come in with some legislation, that will offer support for all of the :towns, because there are nine towns, I believe, it's nine out of the ten towns, that are involved in the Long Island Landfill Law. All require legislative, administrative, relief, or an extension, so we are not alone. DOROTHY PHILLIPS:. You did complete all of the work involved in applying for an extension? TOWN ATTORNEY ARNOFF: The Law does not permit extensions. COUNCILMAN PENNY: We are requesting in a Legislative extension, through our local Legislature. We have not made an extension application to the DEC, because it's not proper for us to do, because we don't meet the criteria at this time. We have applied definitely for a Legislative extension, and that is what the Legislators are trying to get for us right now. COUNCILMAN WICKHAM: .The DEC has told us, that we can not receive an extension given the status of our Landfill.- DOROTHY PHILLIPS: Thank you. Thank all of you. I know you've worked awfully hard on this. FRANK CARLIN: Frank Carlin. Laurel. I wasn't going to speak tonight, but it came around the subject. In the Newsday back- in 1986, 1 believe it was, the sources, from town sources, it said in. there, plans for composting plant. I have the copy home. I forgot to bring it. It had a list of all- the different towns, that proposed a composting plant, and I have the.copy home. I'll bring it to you. Southold was in there in 1989, to build a -composting plant at the cost of $4,000,000, at that time, to produce 125 tons a day of garbage. Breaking ground was scheduled in '87, and the completion of this composting plant was in 188. 1 don't know if you know about it, or anything, but it was in the Newsday, with the list of them there. It's too bad we didn't follow through on that plan. We would have been out of this mess. But then we had a second shot in 1989, to build a plant-, although it went up to $9,000,000. COUNCILWOMAN LATSON: __ It was 7.2 million, was the cost of the plant. FRANK CARLIN: Okay, say 7.2, what you say, million dollars. But we failed on that one, so I guess by listening, to this so called plan, that we had, what happened. We had a plan, and we didn't want the composting plant, and composting plant, again, doesn't produce ash. You talk about incineration, so let's get our stories straight on that. Thank you very much. Four years ago, it only costs us $.4,000,000. COUNCILMAN PENNY: Anymore comments from the audience at this time? DECEMBER 11, 1990 255 JOHN NICKLES: John Nickles from Southold. I'd like to say that I think you're doing a good job. There is something, however, that is wrong tonight, probably one of the few things you can correct for us, and is your Town Seal is crooked. The Sterling side is at two o'clock, instead of 12 o'clock. I thought the acting Suoervisor would be the right one to straighten it out with his background, and lumber, and so on. He can get out his plumb line and straighten it out. COUNCILWOMAN LATSON : I probably knocked it, when I put these Christmas decorations up. COUNCILMAN PENNY: Anyone else like to address the Town Board at this time? COUNCILWOMAN LATSON : Yes, a peaceful Happy New Year. Moved by .Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:20 P.M. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. AJluiXt7h T. �ry Southold Town Clerk I