HomeMy WebLinkAboutTB-12/28/1990 2 5 .6
SOUTHOLD TOWN BOARD
DECEMBER 28, 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilman Thomas H. Wickham,
Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan,
Town Clerk Judith T. Terry. (Absent: Councilwoman Ellen M. Latson - out-of-
town.)
9:15 A.M. - The Town Board audited outstanding bills.
10:00 A.M., - For Discussion Items: 0) Receipt of documents from the U.S.
Department of Interior concerning the National Historic Landmark program, with
respect to the Fort Corchaug site. The Town Attorney will review the documents.,
and Councilman Wickham and Town Attorney Arnoff will work on the development
of a use plan for the property. (2) . Receipt of an Agreement for the "Mattituck
Inlet Park"_ from the N.Y.S. Office of Parks, Recreation and Historic Preservation.
The. proposed budget contains funding for boating facilities/ramp. The documents
will be referred to Community Development Administrator McMahon with a request
to re-examine the application and remove the boat ramp portion. (3) Information
for the Town , Board from the Town Clerk with respect to the application of James
Goodwin for renewal of his Junk Yard Permit at Depot Lane, Cutchogue. The Town
Clerk is awaiting an inspection report from Principal Building Inspector Lessard to
determine whether the Junk Yard conforms to the requirements of the law.
EXECUTIVE SESSION
10:35 A.M.. - On motion of Councilwoman Oliva, seconded by Justice Edwards, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva,
Councilman ' Wickham. Also present: Town Attorney Arnoff, ,Assistant Town
Attorney Kiernan, Town Clerk Terry. The Town Board discussed personnel'
matters, litigation, contract negotiations.
12:25 P.M. - Town Board reviewed proposed resolutions to be voted on at the
regular. meeting.
12:45 P.M. - For Discussion Items (continued): (4) Recommenation from the
Planning Board for an addition to the proposed Local Law in Relation to Accessory
Building Setbacks. The proposed law will be amended by incorporating the
recommendation, and resubmitted to the Board at their January 8th meeting. (5)
Letter from the Suffolk County Department of Health Services with respect to the
unacceptable water quality at the Recreation Center. Whereas the Town is already
using bottled water for drinking at the center, -the Town Attorney will write to the
Department of Health Services to clarify their requirements. (6) Receipt of a report.
on the cost of using recycled paper for copying purposes. Councilwoman Oliva will
investigate the costs and report back to the Board.
1 :10 P.M. - Work Session adjourned.
DECEMBER 28, 1990 7
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Fridday, December
28, 1990, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened. the meeting at 2:00 P.M. , with the Pledge of Allegiance to the Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Councilwoman Ellen M. Latson (out of town)
SUPERVISOR HARRIS: I need a motion to approve the audit of the bills of December
28, 1990.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $147,721 .83; General Fund, Part Town
bills in the amount of $12,109.84; Nutrition Fund bills in the amount of $5,624.58;
Adult Day Care bills in the amount of $931 .92; Brief Respite Program bills in the
amount of $416.99; Home Aide Program bills in the amount of $112.80; SNAP Program
bills in the amount of $488.47; EISEP Program bills in the amount of $43.60; Highway
Fund, Whole Town bills in the amount of $18,879.23; Highway Department, Part Town
bills in the amount of $19,831 .89; Waterfront Revitalization Program bills in the amount
of $72.00; Employee Health Benefit Plan in the amount of $27,644.66; Fishers Island
Ferry District bills in' the amount of $8,778.73; Southold Wastewater District bills
in the amount of $659.46; Southold Wastewater District bills in the amount of $659.46;
Southold Agency & Trust bills in the amount of $4,887.43; Fishers Island Ferry
District Agency 8 Trust bills in the amount of $635.72.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of December 11, 1990.
Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the December 11, 1990, regular Town Board meeting
by and hereby approved.
Vote of the. Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A meeting of the Organizational Meeting set for January
3, 1991, ,2:00 P.M., I need a motion.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that an Organizational Meeting of the Southold Town Board will be held
at 2:00 P.M., Friday, January 3, 1991 , at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
T This, resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next regularly scheduled Town Board meeting will be
January 8,, 1991 , at .4:00 P.M.
Moved by Councilman Wickham, seconded by Councilman_ Penny, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 4:00 P.M., Tuesday, January 8, 1991, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
a
258 DECEMBER 28, 1990
I. REPORTS,
1 . Southold Town Justice Price's Monthly Report for November, 1990.
2. Southold Town Trustee's Monthly Report for November, 1990.
3. Cablevision of Riverhead Subsciber complaints for the month of November,
1990.
4. Councilmen's Monthly Report for November, 1990.
5. Supervisor's Monthly Report for November, 1990.
Il. PUBLIC NOTICES.
1 . U.S. Corp. of Army Engineers, New York District, application of Edmund
E. Zeneski for placement of wire mesh cages in Town Harbor, Shelter Island Sound,
Southold, Town of Southold, Suffolk County, New York.
III . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 2:30 P.M. on "A Local Law in Relation to Shellfish".
2. 2:32 P.M. on "A Local Law in Relation to Affordable Housing".
3. 2:35 P.M. on "A Local Law in Relation to 'Recycling".
V. RESOLUTIONS.
SUPERVISOR-,HARRIS: Is there any members of the public, who would like to
address the Board on any resolution that we're doing today, before we move on
to the resolutions? Yes?
DONALD GRIM: My name is Donald Grim. I just want to ask a question. Last
time, that there was a Town Board meeting, I think a letter was sent to the Planning
Board asking if my site plan was acceptable. Now, it looks like we're going through
with Chick Voorhis. That is what?
TOWN CLERK TERRY: That is a review of your Long Environmental Assessment
form.
DONALD GRIM: - Does this lead up to one of those big studies?
COUNCILWOMAN OLIVA: Hopefully not.
TOWN CLERK TERRY: Would you like a copy of their response?
DONALD GRIM: Yes. Sounds good.
SUPERVISOR HARRIS: Is there anybody else, who. would to address .the' Board
on any resolution that we'll be entertaining in a few minutes? (No response.) We'll
move to resolutions. The first resolution is setting 8,:00 P.M., Tuesday, January
22, 1991 for a public hearing to meet with 1991 Federal Community Development Block
Grant Funds. This is to obtain citizen views. I need a motion on that.
1 .-Moved by. Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. ,
Tuesday, January 22, 1991 , Southold Town Hall, Main Road, Southold, New York,
as .time and place for a public hearing to obtain Citizen's Views on local needs to
be met with 1991 Federal Community Development Block Grant Funds.
1 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice. Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Claire
Glew as a part-time, year-around Secretary for the Board of Appeals, for the purpose
of transcribing their public hearings, effective immediately, at a salary of $7.50
per hour.
. 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the application of John C. Tuthill for renewal of his single family
house trailer permit, for trailer located on the east side of Elijah's Lane, Mattituck,
which permit expires on January 19, 1991 , be and hereby is granted for a six (6)
month period.
DECEMBER 28, 1990 L
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold accepts, with regret, the
resignation of Margaret Feeney, member of the Southold Town Conservation Advisory
Council, effective February 28, 1991 , and extends their appreciation for the time
and expertise she has so conscientiously devoted to her duties as a Conservation
Advisory Council member since June 18, 1987.
4.-Vote of the Town Board: Ayes • Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for one (1) member of the Southold
Town Conservation Advisory Council to fill the unexpired term of Margaret Feeney
from February 29, 1991 to June 18, 1991 .
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared ,duly ADOPTED.
SUPERVISOR HARRIS: With one further note, that we hope we can find a member
of the CAC, that will spend as much time as Margaret .has spent working with that
agency. They have spent a lot of time on various. matters, and, Margaret Feeney
will be sorely missed by all the Town Board members, as well as the public.
6.-Moved. by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of- Southold hereby declares itself lead
agency in regard to the State Environmental Quality Review Act with regard to the
application of B.P. Wreckers LTD. for .a collection site for unusable automobiles
and scrap metal for transport--to scrap metal facilities out of Southold Town; said
property located on Cox's Lane, west of County Route 48, Cutchogue, New York.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Cramer, Voorhis E Associates, at a cost not to exceed $500.00, to review the
Long Environmental Assessment Form with respect to the application of B.P. Wreckers,
Ltd. for a collection site for unusable automobiles and scrap metal for transport
to scrap metal facilities out of Southold Town; said review to include applicant's
Part I, prepare a Part II and III, draft a proposed declaration, including a field
inspection; the cost of said review to be paid by B.P. Wreckers Ltd. prior to the
commencement of the review.
7.-Vote of the Town . Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead
agency in regard to the State Environmental Quality Review Act with regard to the
application of Jeanne M. Grim for a recycling and salvage facility for all types of
metal products; said property located on the south side of Oregon Road, west of
Cox's Lane, Cutchogue, New York.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Cramer, Voorhis .E Associates, at a cost not to exceed $500.00, to review the
Long Environmental Assessment Form with respect to the application of Jeanne M.
Grim for a recycling and salvage facility for all types of metal products; said review
to include applicant's Part I, prepare a Part I I and. 111, draft. a proposed declaration,
including a field inspection; the cost of said review to be paid by Jeanne M. Grim
prior to the commencement of the review.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was ,declared duly ADOPTED.
f
260 DECEMBER 28, 1990
10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the application of William Bauer, President of Bauer Farms, Inc. ,
for renewal of his single family caretaker trailer permit, for trailer located off of
the south side of CR 48, 400 feet west of .Peconic Lane, Peconic, which permit
expires on January 4, 1991, be and hereby is granted for a six (6) month period.
10.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11 .-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southodl hereby appoints Frank
E. Carlin as a part-time Gate Attendant at the Southold Town Landfill, effective
immediately, at a salary of $6.00 per hour.
11 .-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris. _
This resolution was declared duly ADOPTED.
12.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the. Town of Southold hereby authorizes a change
of hours for Pamela Babcock from 32 hours per week to 35 hours per week, as
Coordinator of EISEP, Outreach Worker for the Nutrition Program, and Supervisor
of the Day Care Program, at an annual salary of $16,672.00, effective January 2,
1991 , this salary will be paid through the budgets of the respective programs.
12.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-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 Brief
Respite agreement between the Town of Southold and the Suffolk County Department
of Aging, for the period April 1, 1990 through March 31, 1991, which modification
results in a zero net change.
13.-Vote of the Town Board: Ayes: Councilman Wickham, I Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Justice Edwards, 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 Ferry District to cover
overdrawn lines, appropriate retirement system credits under Chapter 210 of
Retirement and Social Security Law, appropriate Federal Grant for Elizabeth Field:
To:
Revenues
SM409T Capital Grant - Federal Government $ 31,464.00
SM5060 Retirement System Credits $ 6,700.00
Appropriations
SM5610.4 Elizabeth Airfield, Contractual Expenses $ 17,164.00 "
SM5710.1 Ferry Operations, Personal Services $ 20,000.00
SM9030.8 Social Security, Benefits $ 1,000.00
14.-Vote of the Town• Board: Ayes: Councilman Wickham, Councilwoman. Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Penny, seconded by Councilwoman Oliva, 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, appropriate retirement system credits under
Section 210 of the Retirement Social Security Law:
To:
Revenues
A5060 Retirement System Credits $ 35 000.00
Appropriations .
A1010.1 Town Board, Personal Services $ .15.00
A1110.1 Justices, Personal Services 1,000.00
A1220.1 Supervisor, Personal Services 700.00
A1620.2 Buildings 7 Grounds, Equipment 2,500.00
A5010.1 . Superintendent of Highways, Personal Services 3,700.00
A7020.1 Recreation Administration, Personal-Services 125.00
A7110.1 Parks, Personal Services 1,300.00
A7550.4 Celebrations, Contractual Expenses 310.00
A8090.1 Environmental Control, Personal Services 2,000.00
A8160.1 Refuse E Garbage, Personal Services 23,000.00
A8160.4 Refuse E Garbage, Contractual Expenses 10,000.00
A8510.4 STOP Program, Contractual Expenses 3,100.00
A9010.8 NYS Retirement, Employee Benefits 35,000.00
DECEMBER 28, 1990 261
From:
Appropriations
A1355. 1 Assessors, Personal Services $ 7,000.00
A1410. 1 Town Clerk, Personal Services 4,000.00
A1410.2 Town Clerk, Equipment 2,500.00
A1410.2 Town Attorney, Personal Services 2,000.00
A1440. 1 Engineer, Personal Services 850.00
A1490.1 Public Works Administration, Personal Services 5,000.00
A1910.4 Insurance, Contractual Expenses 12,000.00
A6772.4 Programs for the Aging, Contractual Expenses 5,000.00
A7145.4 Joint Youth Recreation, Contractual Expenses 2,000.00
A7180.4 Beaches, Contractual Expenses 2,000.00
A9730.6 Bond Anticipation Notes, Principal 700.00
A9730.7 Bond Anticipation Notes, Interest 4,700..00
15.-Vote of the Town Board: Ayes: Councilman Wickham, 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 1990 Budget modification to the General Fund 'Part Town to cover
overdrawn lines, appropriate retirement system credits under Chapter 210 of
Retirement and Social Security Law:
To:
Revenues
B5060 Retirement System Credits $ 81 ,400.00
Appropriations
B3130.1 Bay .Constable, Personal Services $ 200.00
B9015.8 Fire 8 Police Retirement, Benefits 81,400.00
B9030.8 Social Security, Benefits 20,000.00
From:
Appropriations
B1910.4 Insurance, Contractual Expenses $ 16,900.00
B3610.2 Safety Inspection, Equipment 3,300.00
i6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Penny, seconded, by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1990 Budget to
provide for appropriation of additional 35% State Aide Cut under Section A12200
(net payment of $3,352.00 received December 27, 1990) :
To
A1996.4 Contributions to New York State $ 28,774.75
From:
A1310.1 Accounting E Finance, Personal Services $ 774.75
A1310.4 Accounting & Finance, Contractual Expenses 1,000.00
A1440.1 Engineer, Personal Services 25,000.00
A3610.1 Examining Boards, Personal Services 2,000.00
17.-Vote of the Town .Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Part Town 1990 Budget to
provide for appropriation of additional 35% State Aide Cut under Section A12200
(net payment of $1,650.00 received December 27, 1990) :
To
B1996.4 Contributions to New York State $ 14, 162.75
From:
B8020.4 Planning, Contractual Expenses $ 14,162.75
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19a.-Moved by Justice Edwards; seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute the necessary documents with regard
to the Fishers Island Airport Pavement Evaluation Study and Airfield Lighting
Design and Airfield Lighting Construction, as follows: Final Application for Federal
Assistance for the proposed Pavement Evaluation Study and Design of Airfield
2 6 2. DECEMBER 28, 1990
Lighting; Preapplication for Federal Assistance for the proposed Airfield Lighting
Construction; Draft Lump Sum Agreement for Design of Airfield Lighting, all in
accordance with the approval 'of the Town Attorney.
19a.-Vote of the Town Board: Ayes: Councilman Wickham, .Councilwoman Oliva, Councilman
Penny, Justice Edwards, , Supervisor Harris.
This resolution' was declared duly ADOPTED.
19b.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a :Lump Sum Consultant A reement
for design on the Fishers.:Island Airport- Elizabeth `Field Airfield Lighting-project
between the Town of Southold and Calocerinos S Spina, Engineers, P.C. , all in _
accordance with the approval of the Town Attorney.
19b.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Maria
Herbstritt to replace Bradley C. Conklin as a member of the Southold Town Council
on Veterans Affairs, representing the, Burton Potter American Legion Post No. 185,
Greenport, effective immediately through December. 31 , 1991 , she to serve in said
postion without compensation.
20.7Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next resolution, 21, is engaging the services of Lew
Edson to conduct an appraisal.
21 .-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Lewis Edson, at a fee of $100.00, to conduct an appraisal of the property of
Robert and Karen Kowalski (tax map no. 1000-61-1-2.2) , south side of Traver Street,
Southold.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 22 is authorizing the Supervisor to execute a contract
for Police radio services with the Village of Greenport.
22.-Moved by Councilwoman Oliva, seconded ,by Councilman Penny', it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the Village of
Greenport and the Town of Southold for radio transmissions to be received and dis-
patched on behalf of the Village of Greenport by the Town of Southold; for a .term
of five years, commencing on' January 1, 1991 and ending on December 31, 1995,
at the annual sum of $33,,000.00, to be paid on or about the 15th day of March of
each year during the term. of this agreement; and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this contract to Lew Tempera, negotiator for the Village of Greenport.)
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly, ADOPTED.
SUPERVISOR HARRIS: Setting 8:05 P.M., January 22, 1991 for a public hearing
on the East-West Fire Protection District with the, Village of Greenport.
23.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M. ,
Tuesday, January 22, 1991 , Southold Town Hall,' Main Road, Southold, New York,,-
as time and place for a .public hearing for the purpose of considering a proposed
contract with the Village of Greenport for fire protection and emergency service
to be furnished by. said Village to the Fire Protection District established in said
Town and known as "East-West Greenport Fire Protection District, Town of Southold,
New York"; said .contract provides for payments to the Village of Greenport, by
the people within the Fire Protection District, in 1991 of $118,000; 1992 of $126,,000;
in 1993 of $134,000; in 1994 in $142,000; in' 1995 of $150,000. "
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
y,^
DECEMBER 28, 1990 . 263
24a.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates the
employment of Planner Trainee Robert Kassner, effective January 2, 1991 , 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.
24a.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
�4b.-Moved by Councilwoman Oliva, seconded by. Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert
Kassner as a part-time Planner Trainee in the Planning Board Office, effective
January 3, 1991 , 17-1 /2 hours per week, $10.00 per hour.
24b.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
accepts the two year bond extension (Performance Bond #62192 in the amount of
$300,000) for Richmond Shores/REC Realty Co. , effective December 30, 1990 through
December 29, 1992.
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny,- Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At 2:30 we have a public hearing scheduled. We have
three hearings scheduled. We have to wait for the appropriate time. We have
approximately five minutes. At this time, I will go out to the audience, to save
some time later on. Is there anyone, who would like to address the Board on any
matter, that may be of interest to us, or the public. Yes, sir?
DONALD GRIM: My name is Donald Grim. Should I be answering the questions?
TOWN CLERK TERRY: You may. I was going to ask you to respond to me. You
should respond, and then we'll have it all- done. Do you want to read the question,
because we all don't all have them in front of us?
DONALD GRIM: It's asked here, if we're still going to use the property for Oak
Street Trucking? I don't think that the recycling facility will be able to make the
payments on the property, so yes, Oak Street will still be run out of that piece
of property, also, until time where the facility could make enough money to pay
the bills, and then Oak Street would probably be dissolved.
TOWN CLERK TERRY: Apparently they would like a written response.
DONALD GRIM: In a letter to you, answering these questions?
TOWN CLERK TERRY: Yes.
COUNCILMAN WICKHAM: And if we can be ,of any help, just get in touch with
US.
DONALD GRIM: As long as I don't have to do a large study.
SUPERVISOR HARRIS: I imagine every Town Board member would like to at least,
say a Happy New Year, and a Healthy New Year to everyone that is in the audience,
_and I'd like to lead off and wish everyone a Happy 1991 , a healthy year, and God
speed to all of you. Yes, sir?
PHILIP VAN BOURGONDIEN: Philip Van Bourgondien. . Could I ask what's the status
on the stay, that the Judge gave on the closing of the landfill?
SUPERVISOR HARRIS: Let me just turn that over to the Town Attorney, who will
be glad to explain.
TOWN ATTORNEY ARNOFF: The stay has been continued until the decision comes
in from the Judge. The decision should come in. . .he advised us on the record,
that he will have a decision within 20 days of our appearance in Court. Our
appearance in Court was, I think, Christmas Eve day. My recollection is the 23rd
or the 24th. I think it was the 24th, so that would put us somewhere around the '
13th of January. What the Judge does with his decision is anyone's guess. 1 mean,
the Judge is considering everything. I think it's a favorable consideration, 'i f
continued the stay beyond the 24th, I would point out to you,- though, that there's
always the distinct possibility that the Attorney General's Office, who represents
Z6.4. DECEMBER 28, 1990
the Department of Environmental Conservation, could go to the Appelate Division
in Brooklyn, and appeal that determination. As of yesterday, I don't think any
appeal has been filed. I have no knowledge of any appeal, if that answers your .
question.
SUPERVISOR HARRIS: It's 2:30. At this time, we'll go into our public hearings.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that a recess be called at this time, 2:30 P.M. , for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 3:08 P.M.
SUPERVISOR HARRIS: We have two Local Laws, that we could act on tonight. One
of them is Number 26, "Local Law in Relation to Shellfish"'.
26.-Moved by Councilwoman Oliva, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No. 30 - 1990 entitled, "A Local Law in Relation
to Shellfish", was introduced at a meeting of this Board held on the 11th day of
December, 1990; and
WHEREAS, a public hearing was held thereon by this Board, on the 29th 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. 30 - 1990 be enacted as follows:
LOCAL LAW NO. 30 - 1990
A Local Law in Relation, to. to Shellfish
BIT 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 as follows:
as follows:
1 . Section 77-221 (Dredges. and Scrapes) is hereby amended by adding a
new subsection 77-211 .2 to read as follows:
77-211 .2 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.
II. This Local Law shall take effect upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS : . Number 27, is a ''Local Law. in Relation. to Affordable Housing".
27.-Moved by Councilman Wickham, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 31 - 1990 entitled, "A Local Law in Relation
to Affordable Housing District", 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 28th 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. 31 - 1990 be enacted as follow-:
LOCAL LAW NO. 31 - 1990
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 Certficate 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.
27.-Vote of the Town, Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
DECEMBER 28, 1990 265
SUPERVISOR HARRIS: At this time, before we close the meeting, .the Town Board
has to go into Executive Session to discuss a couple of matters, that have just come
before us. We'd like to do that at this time. I'd like to wish everyone a Happy
and Healthy New Year.
Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that a recess be called at this time, 3:10 P.M. , for the purpose of an
Executive Session.
Reconvened at 3:20 P.M.
SUPERVISOR HARRIS: Could we have a motion to adjourn?
Moved by Councilman Wickham, seconded by Councilwoman '0 iva, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 3:21 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman
Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk