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HomeMy WebLinkAboutTB-07/29/1986 61 SOUTHOLD TOWN BOARD JULY 29, 1986 WORK SESSION Present: Supervisor Francis. J. Murphy, Justice Raymond W. Edwards, Councilman James A.. Schondebare, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker. Absent: Councilman Paul Stoutenburgh: (hospitalized) . 8:30 A.M. : The Board met at K_enneys Beach with New York State -Sea Grant -Extension Program representative Jay Tanski to discuss the erosion problem at that ,,beach. - 9: 15 A.M. - Police Chief H. Daniel Winters met with the Board to proposed corrections at Police Headquarters to correct uncomfortable temperatures. Councilman Penny, when a member of the Building and Grounds Committee, requested Garrett Strang, Architect, to make suggestions with respect to the problem and he had. suggested an energy audit 'of the existing building, with comparision of "as is" and improved con- ditions. Councilman Penny suggested the possibility of completely sealing and weather- proofing the outside of the building as a solution. Supervisor Murphy feels there should be a capital improvement provision in the budget for work to be"Aaccomplished on all of the town buildings over the next couple of years. It was decided Chief Winters would meet with Garrett Strang to review his �'proposal.--Chief Winters informed the Board the new fence around the impound area is being installed within the next wceek , and will include woven material to shield the area, from the public. 9: 30 A.M. - Superintendent of Highways Raymond L Jacobs met with the Board to explain the flyers that are being distributed to persons entering the Landfill explain- ing the law relative to covering debris.--He also advised that another fire had occurred at the Landfill on the evening of July 28th, but was contained very quickly. 9:55 A.M. - Executive Administrator Victor Lessard met with the Board to discuss the issuance of Cesspool Construction and Operation Permits. ' Coordination will be instituted between the Suffolk County Board of Health_ and the Town with respect to new cesspools on already developed property to devise'a manner of control. At the present time it is possible to control licensing n6v cesspools with Health Depart- ment permits for new dwellings, the alterations or replacements are a problem. A procedure will be worked out between the Building Department and the Town Clerk's Office. 10:05 A.M. - Community Development Administrator James McMahon met with the Board to advise them that the President had signed into law a special bill to provide supplemental appropriations in Community Development funds and the Town can expect to receive an additional $29,000 for 1986. These moneys must be appropriated by. the Town or Suffolk County Community Development will assign them, perhaps not where the Town would like to use them. He suggested placing them in the line item for the Southold Affordable Housing Projects at South Harbor Road, Southold and Seventh Street, Greenport. r To .do ,this the Supervisor must be authorized to sign a project application (resolution No. 24) . Councilman Penny objected to the use of the funds for only two projects. He felt more people should benefit from the funds. 10:20 A.M. - Receiver of Taxes George Mellas met with the Board to discuss his purchase order for mailing envelopes for the 1986-87 tax year. Supervisor Murphy had not signed the purchase order as he wished to investigage the possibility of presort printing on the envelopes. Mr. Mellas advised the Board it would. be too costly to presort. This must be done by zip code and the tax bills are by county tax number. Mr. Mellas will now be permitted to order the envelopes.--A memorandum from Mr. Mellas with respect to needed repairs in his office quarters were discussed and the estimate for the•,,,work to be accomplished is $100 for material and approximately two weeks of labor. Work will be completed before the new tax receiving season at the end of November.--Discussion with respect to the appointment of Deputy Tax , . Receivers at each of the local banks, which-Mr. Mellas objects to. Town Attorney 6 2 JULY 29, 1986 Tasker advised the Board the bill did not pass in Albany permitting the Town Board to appoint deputies. This may only be done by the Receiver of Taxes. Furthermore, the Suffolk County Tax Act does not provide for the Town Board make the appoint- ments. However, he is awaiting opinions from Albany with respect to this matter. 10:40 A.M. - Venetia McKeighan, Director of the Southold Town Nutrition Program, and other similar senior citizen programs, met with the Board to discuss her request for a change in title to Director of Senior Services, citing the. fact that the title of Site Manager. or Director of the Nutrition Program causes her to lose credibility at the many meetings she attends with respect to the numerous senior programs she administers (see resolution No. 25) .--Mrs. McKeighan also brought to the Board's attention the valuable service being rendered the Board by the Geriatric Network, made up of professionals who have been working for four years on a planned, alternative health care system. She requested the Board to recognize the Geriatric Network and establish same as the designated committee on health issues and services_, for the elderly in Southold Town (see resolution No. 26) . 11:00 A.M. - For Discussion Items: .(1) Request for the transfer of the Alfred Steiner trailer permit to Roy Schoenhaar who is contracting to purchase the Steiner property (see resolution No. 27) . (2) Letter from Holzmacher, McLendon and Murrell, P.C. reelative to a permeability test on. clay samples to be brought into the Landfill for capping purposes (see resolution No. 28) . (3) Garrett Strang's recommendations with respect to correcting uncomfortable temperatures at Police Headquarters (Chief Winters to meet with Mr. Strang. on this matter) . (4) Letter from Suffolk County Community Development Director Joseph Sanseveri•no giving his opinion, with respect to Federal Community Development Block Grant Regulations;. on the- transfer of the wood chip, grinder to Fishers Island. Mr. .Sanseverino advises that machine,: bought with CD funds, must benefit low and moderate income persons, eliminate slums or blight, Fishers Island does not meet the criteria. (5) Request from Richard Cron, Esq. , on behalf of Greenbriar Homes, Inc. , requesting a refund of their $5,680.00 inspection fee with respect to the Greenbriar Acres Subdivision which was abandoned in October .1980. . The Board would like a further breakdown of expenses incurred by the Planning Board and other agencies with regard to this subdivision. (6) Suggestion of Supervisor Murphy that proposals be sought,.to reaplace the carpeting within the Town Hall. The majority. of the Board- advised Supervisor Murphy that he should obtain samples for the carpeting, have specifications prepared, and then present to the Board for a resolution to go to bid' for a specifi type of carpet. , (7) Discussion relative to proposed"Local Law to repeal the Home Improvement Contractors Law of the Town of Southold", leaving the authority .for Home Improvement Contractor Licenses to the Suffolk County Department of Consumer- Affairs who have the staff to investigate applicants (see resolution No. 29) . (8) Reviewed a proposed job description for Senior Building Inspector and the need to create such a position (see resolution No. 33) . 11 :35 A.M. - Robert Webb and James Bitses, SEACOM, met with the Board to urge them to adopt a resolution .providing for the submission of a proposition at the general election to be held on November 4th with ;respect to acquiring the distribution facilities of LILCO (see resolutions No. 30, 31, 32) . 11 :55 A.M.-- Gary E. Loesch, P.E. , Project Director, Holzmacher, McLendon and Murrell, P.C. , met with the Board to review the draft "Solid- Waste Management Report" which examines current solod waste disposal practices, identifies future alternatives in consideration of the "Long Island Landfill Law", and recommends various steps and tasks that should be conducted prior to implementing a full-scale resource recovery project. 12:45 P.M. - Recess for lunch. 2: 15 P.M. - William Peters, President, Board of Trustees, Cutcho ue Free Library, met with the Board to request the waiver of the $866 building permit fee, and $400 in fees for site plan, variance, special exception and set-off approvals with respect to the expanstion of the library building. Town Attorney Tasker pointed out that the Cutchogue Free Library is not eligible for a waiver of the fee due to the fact it is not a public library, but a free association library--not a public entity. Mr. Peters read a letter outling his request (on file in the Town Clerk's Office) , citing the fire districts and park districts as being exempt (which they are as public entities) and asserting that the library falls under this classification (which it does not, and to waive the fee would be discriminatory) . 2: 15 P.M. - Frankin Bear, Chairman of the Water Advisory Committee, addressed the Board with respect to the Water Treatment Program and the need to get started on Phase I, which would include the employment of someone to manage the program. Mr. Bear presented a proposed brochure which would provide information on water testing, type of water treatment unit which may be needed, services to be expected with respect to installation of units and monitor their performance, approximate cost, as well as contaminants in the water and health problems they may case. The Board advised Mr. Bear the Committee should begin to prepare a job description for a project manager and submit the proposal to-the Town Board. The brochure cannot be printed `'' until a manaaer has been employed to deal with the r)roaram. JULY 29, 1986 63 2:55 P.M. - Master Plan - Zoning —Orient and Route *25, Cutchogue. Supervisor Murphy advised the Board that Councilman Stoutenburgh has expressed his support for three acre zoning at Orient, -and an R-O district on Route 25, Cutchogue, opposite Key Food shopping center. _ Councilman Schondebare stated that he would favor two acre zoning in Orient, with the exception of the Hallocks Bay and Narrow River Road area, where he favors five acre zoning. Councilman Penny presented a contour map of Orient. and recommended that all areas below the seven foot elevation be designated five acres; the remainder of Orient to be two acres. John Tuthill, Orient resident, informed the Board he felt this was a good comprise. Lloyd Terry, Orient, protested the proposal as a violation .of human rights. John Berryman, speaking for the Board of Directors of the Greenport-Southold Chamber of Commerce, said Orient should be zoned the same as' the rest of Southold Town. Vilma Marston, President of the Water, Land, Wildlife Protection Group, . Peconic; said Orient should be zoned at the highest acreage possible. Orville Terry, Orient, opposed the two acre/five acre proposal; the zoning should be three acres for all of Orient. With respect to Route 25, Cutchogue Supervisor Murphy, Justice Edwards, and Councilman Stoutenburgh and Schondebare all favor R-O District. Councilwoman Cochran and Councilman Penny favor Business. 3:30 P.M. - The Board reviewed the regular meeting resolutions. 4:40 P.M. - Audit of bills. 5: 00 P.M. - Work Session adjourned.and the Board interviewed Civil Service Eligibles for the position of Public Safety Dispatcher. N REGULAR MEETING 7: 30 P.M. A .Regular Meeting of the Town Board of the Town of Southold was.held on Tuesday, July 29, 1986 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at-7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Councilman Paul Stoutenburgh (hospitalized) SUPERVISOR MURPHY: Thank you. Councilman Paul Stoutenburgh is in the hospital. He has a kidney infection, I guess, and hopefully they'll .find out exactly what caused it and how to treat it. We, in a gesture of kindness to Paul, we sent him flowers today. Hopefully he'll take it 'as we're hoping he gets better. Okay, the first order .of business is a resolution to approve'the audited bills of July 29th. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $38,051..13; General Fund Part Town bills in the amount of $7,802. 33; Fishers Island Ferry District bills in' the amount of $48,286..52; Recreation Activity Fee Account bills in the amount of $525. 35; Agricultural Land Development Rights bills in the amount of $21. 65;. Southold Wastewater District bills in' the amount of $167. 30. Vote of the Town Board: Ayes: Councilman, Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, .Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Next is 'a resolution to approve the minutes. of the regular Town Board meeting of July 15th, 1986. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the minutes of the July 15, 1986 Regular Meeting of the Town Board of the Town of Southold be and hereby are approved. Vote of the Town Board: Ayes: Councilman Penny, .Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 6 4 JULY 29, 1986 SUPERVISOR MURPHY: The(-next is to set the next meeting dates: the first one is August 6, 1986 at 1:00 P.M. on Fishers Island at their school, and the second is a regular meeting here, August 12, 1986, 7:30 P.M. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the next regular meetings of the Southold Town Board will be held as follows: 1:.00 P.M. , Wednesday, August, 6, 1986, at the Fishers Island School, Fishers Island, New York; and 7: 30 P.M. , Tuesday, August 12, 1986, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I . REPORTS. SUPERVISOR MURPHY: Moving on to Reports. . The reports are all on file in the Town Clerk's Office for anyone who would like to look at them. 1. Town Justice Edwards - monthly report for June 1986. 2. East End Counseling Project Report for June 26, 1986. 3. Fishers Island Ferry District Audit Report for the 1985 fiscal year. 4. At this time I would like to ask our Councilmen if they have anything special to report., starting on my right with George. COUNCILMAN PENNY: Yes, on the 17th we had a meeting of the Town Labor- Mansagement Committee and were discussing many joint concerns of both the .employees -and the employers. On the 18th the CSEA Committee met to go =over job descriptions_ for the- possible position of Senior Building Inspector. On 7/23 we had a meeting of the Code Committee, which Jay Schondebare will report on. Also the Landfill Committee on the 2.4th. On the 28th, which was yesterday., we met; with the Village of Greenport. There were several items--is somebody going to report on that?--of discussion--I'm. the first one and I get to.do it? We discussed the 7th Street Sewer Project; some concerns in the Scavenger Waste Plant; SEACOM and the involvement of .the Village of Greenport, or non-involvement thereof; and the Baymen's dock project. . Last night I attended a meeting of the Water Advisory Committee and there was discussion of a proposed Town Treatment Program; a proposed flyer to be sending out to the residents; the possibility of hiring an employee.to do some follow-up on, his; the Suffolk County Water Authority and where they stand.with Captain Kidd, which is in negotiations; and some of the things that are happening with the Village of Greenport's water supply network. I'm reporting on this because the chairman, Paul Stoutenburgh, is absent this evening. . For people that are following the Dog Pound and the Peconic Center, the PeconicCenter contracts have been approved by the Town Attorney and should be signed, hopefully this week. TOWN CLERK TERRY: Tomorrow, George. COUNCILMAN -PENNY: I have been told by the contractor that they will be ready to start almost immediately and it should be just a few weeks and they'll ,have that work knocked out. The Dog Pound, .for the people that have not seen this in the paper, the advertisement for it, we're getting a few of the insurance concerns ironed out and that should be going out hopefully a week from Thursday into the local papers. And I have just one more thing that we didn't hit today, and I'm. just curious if we can have an executive session before this meeting is concluded, because we have still left open the Dog Pound .Contract which we didn't discuss today. Thank _you. SUPERVISOR MURPHY: Thank you, George. Jay? COUNCILMAN SCHONDEBARE: Yes, thank you, Frank. We did have a Code Committee meeting. We've agreed at the Code Committee and made a recommendation to the Town i Board, and we're going to repeal the Home Improvement Contractor Law that we have on the books. What that will do will have an effect of throwing the control of Home Improvement Contractors in the Town of Southold in the hands of the Suffolk County Department of Consumer Affairs. We found out that they were getting their licenses revoked in the County of Suffolk, coming out here from the west end, for ten dollars picking up one of our licenses and going to work again, and causing us a great deal of problem and problems for the people in this community. We just don't have the ability and the where-with-all to do the credit checks, judgment checks, police department checks that they have in the County of Suffolk. So, if the resolution passes, we will repeal our local Home Improvement Contractor's Law. We also had a Landfill meeting, at which time we discussed the conditions at the Landfill, especially with regards to the white metals that are up there. It's looking pretty good and it looks good as far as the brush is removed, the building looks good--as far as a Landfill can look good--and then when you look over to the west you'll see these two large mountains of white metal, which is your stoves and every other piece of metal that people discard. You've got two mountains of them. We have a contract fior.. pick-up of those metals, but basically the law ofl supply and demand controls, and if they can't sell the metals they're not interested in' picking them up. So what we hope to do, or we contacted the person who has the contract with us and he assured JnY 29, 1986 65 us that after August 1st he'll be able to put his trucks back on th-e road and get up there and start taking away some ofthose_metals. In the mean time what we're going to do is try to find a compactor which will reducethe size of those metals and hopefully we can get a used one and Ray Jacobs is in charge of that matter. We talked about repairs up there. You don't want to hear that, because it's always discouraging. It's always large figures. And that. was it. Oh, and we had the joint meeting with the Village of Greenport which was already reported on. Thank you., .Frank. SUPERVISOR MURPHY: Thank you, Jay. Jean? COUNCILWOMAN COCHRAN: Yes, on the 17th 1- .also attended the CSEA management meeting, on the 18th the CSEA Committee, on the 23rd .the .Code Committee, on the 24th the Landfill, and, of course, yesterday with the Village Board, and the respective chairmen have previously given you a repoht:on this: Thank you. SUPERVISOR MURPHY: . Thank you, Jean. Judge Edwards? JUSTICE EDWARDS: The only comment I have to make, Frank, is on the Island we've had excellent cooperation from the Building Department and the electrical inspector over the past I'd..say four years or so. They visit at least.once a month-- or twice a month to do the building inspectors. The plumbing and the electrical. Our biggest problem has been getting the Suffolk County Health Department over to give the okay to backfill the-septic systems and the dry wells. During a conversa- tion of Bob Villa of the Suffolk County Health, we're going to make an arrangement where the Assistant Building Inspector that we have on the Island, who's on the Town payroll, be certified by three or four days of training over here in Suffolk County this fall, where he will be certified to give the okay to backfill these tanks ont he Island. It's been a problem because the contractor .will get three or four houses- and put these tanks in .and then have to leave these pits open before they inspect them before he can backfill them, so this is going to be a real good program and I'm:very happy that Suffolk. County has looked on us with their favor. That's it, Frank. Thank you. . SUPERVISOR MURPHY: Thank you, Ray. As you notice we set the meeting for Fishers Island for next week, and one of the biggest advantages of doing thisr is exactly what Ray was just talking about. We've had tremendous coopers-tion from various state and county agencies when they finally do realize that Fishers Island is part.of.i-Southold Town, is part of Suffolk County, and that they have a responsibility there, and they've been going out of.their way to try to help. the situation. The Town has been very, cooperative, we've flown inspectors over. The Department of Motor Vehicles now gives licensing tests on Fishers Island, and this comes about really basically because they get the chance, the officials, the higher ups in the agencies. get a chance to go over to Fishers Island and out, yes it is a big island, that it is part of our Town, and that they need special treatment. So I'm very glad to see it. I'd .just like to comment also on Jay's comments in the dump. It, I guess, is a sign of the times when you have such a huge mountain of white metal that we have there, that everybody is making money or has money to spend, because they're all replacing their refrigerators, washing machines, hot water heaters and everything and it's causing us a problem, but I'm glad things are looking good .in the Town. The only other comment I would like, and much more information will be coming to the press through press releases., ads and all that, we are planning a STOP Program in the Landfill--Councilman Stoutenburgh would have reported on it--and it's set for September 6th, it's on a Saturday, and we felt that was a very good day where we still have a lot of summer residents, people closing 'up their houses, and that hopefully we'll get a large amount of material turned in to the Landfill so it can be properly disposed of instead of dumping it in the Landfill and only causing problems for our kid's kids. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving on on the agenda to item number 11, Public Notices. 1. Department of the Army, Corps of Engineers, application by Budd's Pond Marine to construct a timber. bulkhead, backfill, and wave screen, at Budd's Pond, Southold. Written comments to the Corps by August 6, 1986'.. 2. . Notice from the Times Mirror Cable Television concerning a notice to us that no increase in "1986•, and the New York.Commission on Cable TV regulations regarding rate increases, and that they will not abide by just the minimum, they will do all they can to notify anybody. 3. New York State D.O.T., notice of an order expanding the 30 MPH speed limit in'Mattituck west to Laurel Lane. III. COMMUNICATIONS. SUPERVISOR MURPHY: Moving on to the third item, Communications. 1. From the Southold Town Baymen's Association, Inc. on working with and supporting our efforts, the Town Trustees and the Town Board and Highway Depart- ment to control road runoff. 2. The next is from the Orient Association supporting the preservation of Orient Point. Hopefully we'll have some good news. The County, as you know, passed a 6 6 JULY 29, 1986 resolution authorizing the negotiations for the purchase of Orient Point and hopefully it will go through. 3. From the County of Suffolk, Office for the Aging, on the Human Resources Division notifying us of an award of $8,408.00 in grant monies for our Brief Respite Service with hour Home Aide Program in the Town. We had Vee McKeighan in today talking to the Town Board and I think, and without bragging, and it's through Vee's efforts, Town employee's efforts, Town Board's efforts that we, I think,. have probably one of the best all-round programs for addressing the aged, nutrition and all, probably in Suffolk County, probably in Nassau and Suffolk County. We've gotten many grants-- special grants that have only been awarded to us. The last one was on our Senior Day Care, and it's .a fantastic'program. All I can ask is that anybody who can offer any help, or who has any problems, to contact Vee McKeighan. It really. is amazing how far-reaching our program is 'and I think we're doing a very good job. Not pat " the Town Board and all of us on the back, but Vee really is doing a fantastic job,. and it's only come about through the cooperation of the various agencies, the hospit the nursing home, Father Rocco, the Town Board and the County government that wive been able to achieve this. It's something 11m. very proud of. IV. PUBLIC HEARINGS. (None) V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to item V on resolutions. I would just like to remind the people here that if anybody would like to address the Town Board on any proposed resolution that's listed on your agenda you may do so at this time. Anything else of any interest to you that is not on the agenda, there will be a period of time at the end of the Town Board meeting where,-'anyone in the - audience may address the Town Board at that time. So at this time I would ask if anybody in the audience would like to make a comment to the Town Board on any of-the proposed 'resolutions that we have to offer? John? JOHN COSTELLO: Yes, I have a question on Resolution 36 on the agenda. It's turning that "M" Light Multiple Residences back to Agricultural, two acre zoning. Sounds to me that someone's jumping to a lot of conclusions. There would be - moderate income housing on this parcel of land. It's a delay. Another step. -There are a lot of things that all can be discussed and ironed out. There's going to be a site plan presented to the Planning Board. There's one 'way to get it done, is we got to get it on the table. I've been forced through many. hearings so far--I never contended to be a builder nor a developer. Had it gone through the first proposal could build the roads and sell of lots. That's beside the point. Now I've been screening, dealing and talking with developers months and months on this project. I think I've selected the right type of builder, one that would not devalue any of the surrounding properties in the area. I do not want to see Fleetfield devalued, Eastern Shores devalued. I'd .rather see a nice home on that site under the "M" zone to give separate and..individual lots. All we. need is a variance plus a site plan approval. I'me got involved with Don Bracken, .who's a developer in Smithtown. He does a beautiful house. His partner, and one of the financiers behind it is 'a woman named Diane Carroll, not the singer. They want to see the project go, and they're intent on doing some moderate income housing in Southold Town. I want to see moderate income housing in Southold Town. If we need individual lots we can get into a variance. 1 want to be cautious. I've had many people offer deals on it where they could throw up another Cardboard City. I'm not interested in it and don't think Southold Town should be. But I'd like to see projects that would look like Fleetfield and I'd like to see them conform as close the Code as possible, and if it has to be discussed, I'm sure it's got to be discussed with the Planning Board anyway., and 1'd like to proceed under those pretenses. I think it would be a big help to Southold Town. Everybody's worked hard to get it to this stage. Fm not a builder. 1 have to get someone.involved with me. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address the Board? Mr. Barth? PHIL BARTH: I just want to talk in favor of Resolution 30, 31 and 32, which is the one for taking over the LILCO facilities. I. think that although the County and the State are in the process of doing something about a takeover of LILCO we should not miss the opportunity for doing something on our own in case the State and -the County plan falls through, at least we'll have something to move forward on, and the studies that we've done and the money that we've spent will :not be spent in vain. SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board on any resolutions? Jay? COUNCILMAN SCHONDEBARE: If you take a look at Number 30 on the agenda, just so that anyone who is not aware; the cost of taking over LILCO system is not $23,555. TOWN CLERK;TERRY: I left off a few zeros. JULY 29, 1986 67 COUNCILMAN SCHONDEBARE: That' 'should be $23,555,000. Slight problem with a few zeros. COUNCILMAN PENNY: Would Mr. Barth like to change his comments on that? COUNCILMAN SCHONDEBARE: Mr. Barth, are you still in favor now that we added a few zeros? MR. BARTH: Yes. SUPERVISOR' MURPHY: Okay, if there are not any other comments I'd like to move on to the first resolution tonight to authorize to enter into a contract with Chief Winters for terms and conditions of his employment. I.-Moved by Councilman Penny, ;'seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis 'J. Murphy to execute a contract between the Town and Police Chief H. Daniel Winters to provide for the terms and conditions of employ- ment of Chief Winters throughout his tenure as Chief of Police of,the Southold Town Police. Department. 1.-Vote of the Town Board: Ayes: Councilman Penny, Councilman Schondebare, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Cochran. This 'resolution was declared duly ADOPTED. -SUPERVISOR MURPHY: Number 2 we're going to hold (purchase- of a copy machine for Police Headquarters) . Number 3 is to authorize the Highway Superintendent to clears up a cemetery. 3. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby requests Superin- tendent .of Highways Raymond L. Jacobs to. take the. necessary steps to clean and groom the Old Cemetery located in Brown's Hills, north of Route 25, Orient. 3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice .Edwards, Supervisor Murphy. `- This resolution-_was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is to rescind a prior resolution. 4. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their. Resolution No. 22, adopted on July 1, 1986, transferring $4,000. 00 from Joint Youth Activity Account A7320.4, Contractual Expenses, to Petty Cash, Recreation Activity Fee Account, within the General Fund Whole Town 1986 Budget, to cover salary expenses and supplies needed for the summer 'recreation program. SUPERVISOR MURPHY: I might comment on this, because there's two other resolutions, three other resolutions coming after it. This is on. the advice of the Town.auditors. Our auditors who do our reports for the County and the 'State, that they recommend that this be done this 'way. This is the new Recreation Department and it's the first season we're coming into it and they recommended that we change the method just for the safety of the Town people, the Town employees, so nobody can possibly get in trouble on it. 4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4a is to authorize an expenditure. 4. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was (a)RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of $578.31 to be paid from the Recreation Acitivity Fee Account, and $966.08 to be paid through appropriate expense lines in the Recreation Budget for July. 1986 expenses (total $1,544.39) : Salary: Horseback Riding $240. 00 Arts 8 Crafts 150. 38 Teen Programs 175.00 Supplies: Playground $218. 00 Arts S Crafts 232.54 Teen Programs . ' 118. 47 Advanced Fee Payment: Parking 8 Admission (ocean bus-trip) $ 60. 00 Transportation: , Ocean bus ,trip (2) $350. 00 4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- (a)man Schondebare, .Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 68 JULY 29, 1986 SUPERVISOR MURPHY: Number 4(b) is to authorize an advance payment of $30. 00 for an August ocean bus trip. 4. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was (b)RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of. $30.00 by the Recreation Department for advance payment fees for .the August ocean bus trip. 4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- (b)man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to authorize and direct that the signature of the Town Clerk Judy Terry hereby shall be required as a second signature on all checks written by the Southold Town Recreation Activity Fee Account. 5. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was WHEREAS, it has been recommended by the auditors .for the Town that two signatures be required for all checks written on the Town of Southold Recreation Activity Fees Account No. 014-30599 5, which checks are presently being signed by Recreation Director Susan Fossett; now, therefore,. it is RESOLVED that the Town Board hereby authorizes and directs that the signature of Town Clerk Judith T. Terry be and hereby shall be required as a second signature on all checks written on the Town of Southold Recreation Activity Fees Account. 5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. -_ SUPERVISOR MURPHY: Number 6 is to accept a resignation of a part-time employee. 6. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Janet Staples as a part-time Clerk in the Accounting Department, effective August 6, 1986. 6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to accept a bid. ' 7. Moved by Councilman Penny, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Awisco New York Corp. , Maspeth, New York, for supplying the Southold Town Highway Department with one (1) Miller Trailblazer 44G Welding Machine at the bid price of $6,513.95. SUPERVISOR MURPHY: . I might just comment that this came about because a program of reducing the volume in the Landfill has been so successful with our tub grinder we've done hundreds of thousands of yards of material and that you have to constantly hard-face these blades and program was so successful that we have to buy a new welding machine. We wore the other one out. 7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice.Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to set a public hearing. 8. Moved by Councilman Schondebare, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in relation to Stop Intersections," now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, August 12, 1986, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1986 A Local Law in relation to Stop Intersections BE IT ENACTED by thel Town. .Board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]) Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold is amended as follows: I. Section 92-30 (Stop Intersections) is amended as follows: Direction At Intersection Name of Street of travel with Location Sterling Place [North] East Champlin Place Greenport Sterling Place [South] West Champlin Place Greenport JULY 299 1986 69 Champlin Place East Sterling Place Lireenport Champlin Place -- West Sterling Place re�enport Madison Avenue South VFest Street reenport II. This Local Law shall take effect upon' its filing with the Secretary of State. $.-Vote of the Town, Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 9 is to authorize the advance of funds to pay the contractor his final payment on the Laurel Lake/Chamber of Commerce project. R Moved by Councilwoman Cochran, seconded by.' Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the advance of $1,615.00 from the General Fund Whole Town Account to pay J. R. Home Improvements for work performed at the Laurel Lake/Chamber of Commerce Project, said moneys to be reimbursed to the General Fund from Community Develop- ment Year 11 funds to be received from Suffolk County. 9.-Vote of the Town Board..: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY:. Number 10 is to authorize me to enter into an agreement with: the County of Suffolk Office for. the Aging for the operastion of our Brief Respite Program: I offer that resolution. 10. Moved _by Supervisor Murphy; seconded by Councilwoman Cochran, it was " RESOLVED that the Town Board of the Town of Southold hereby authorizes and. directs Supervisor Francis J. Murphy to execute an agreement between the County of Suffolk, ,Human Resources Division, Office for the Aging, and the Town of Southold fdr the operation of the Brief Respite Program, for the period July 1, 1986 through June 30, 1987; the Town to receive the sum of $8, 408. 00 for this program. 10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. ` SUPERVISOR MURPHY: Number 11 .'is to accept a resignation. Y, 11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Marion Gordon as .Home Health Aide in the Southold Town Senior Adult Day Care Center, effective July 31, 1986. 11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Number 12 is to accept another resignation. 12. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Faith Tiner as Home Health Aide in the Southold Town Senior Adult Day Care Center, effective May 14, 1986. 12.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to grant a salary increase for one of our Building Inspectors who is a provisional employee. 13. Moved by Councilman Schondebare, seconded by Supervisor Murphy,' WHEREAS, Provision Building Inspector Angelo Accardo has satisfactorily completed three months of employment with the Town as of July 1, 1986, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby grants Angelo Accardo a salary increase from $18,000. 00 to $22,360.00, effective July 1, 1986. SUPERVISOR MURPHY: I would like to comment on this. 1 think it's most important that the Board pass this tonight. We have run out of candidates on the Civil Service List. The List will not be available for probably maybe up to six months, and we would be in serious problems if this man left us and he still is provisional and if he, has not passed the test that he took and is not up on the list when the list is posted he will be released at that time, but this salary that we're showing here, the $22,360.00 is what's in the present contract for the CSEA employees for that job category. So 1 would strongly urge that we pass this tonight so as not to lose this man. 70 JULY 29, 1986 COUNCILMAN PENNY: 1 make a motion to table it. TOWN CLERK TERRY: Do I have a second? JUSTICE EDWARDS: Second. 13. -MOTION TO TABLE RESOLUTION NO. 13: Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that Resolution No. 13, to grant Angelo Accardo, Provisional Building Inspector, a salary increase from. $1.8,000 to $22,360 be and hereby is TABLED. 13.-Vote of the Town Board: Ayes: Councilman Penny, Justice Edwards. Noes: ounci woman Cochran, Councilman Schondebare, Supervisor Murphy. This 'resolution was declared LOST. SUPERVISOR MURPHY: I'd like to replace that resolution. 13. Moved by Councilman Schondebare, seconded by Supervisor Murphy, WHEREAS, Provisional Building Inspector Angelo .Accardo has satisfactorily completed three months of employment with the Town as of July 1, 1986, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby _grants Angelo Accardo a salary increase from $18,000.00 to $22,360. 00, effective July 1, 1986. 13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Supervisor Murphy. Noes Councilman Penny, Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: Number 14 is transfer from General Fund Part Town 1986 Budget. 14. Moved by. ,Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within the General Fund Part Town 1986 Budget: From: B1990. 4 Contingent $1,500.00 B3620.4 Building Inspector,Equipment $1,900.00 B3130. 4 Bay Constable, Contractual $ 415.00 Into: B1910. 4 Insurance $3,400. $3, 81500 00 B3130.2 Bay Constable, .Equipment $ 415.00 $3,815.00 14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counci man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 15 is to authorize a transfer in the General Fund Whole Town 1986 Budget. 15. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfer within the General Fund Whole Town 1986 Budget From: A1990. 4 Contingent $10,000.00 Into: A1010.4 Town Board, Contractual $10,000.00 to cover expenditures to date and provided estimated $2,257. 00 for further expenditures. 15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 16 is to appoint Renee Chituk as a Beach Parking Attendant for the 1986 season at a salary of $4.05 per hour. I offer that. 16. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town.of Southold hereby appoints Renee Chituk as a Beach Parking Attendant for the 1986 summer season, effective immediately, at a salary of $4.05 per hour. 16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 17 is to authorize the use of Town roads. 17. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Crop Walk committee for the hamlet of Southold to use the following Town roads on October 19, 1986 for their annual Crop Walk to raise money for Church World Service and the local community, provided they secure and maintain the proper insurance to hold the Town of Southold harmless: Oaklawn Avenue, Pine Neck Road, North Bayview Road, North Parish Drive, Dayton Road, Anchor lane, JULY 29, 1986 71 Brigantine Drive, Seawood Drive, Ma'j' yi.view Road. 17.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to appoint Ortrud B. Hanus as a part-time Clerk in the Accounting Department, effective August 1st, 1986, at a salary of - $5.50 per hour. I offer that resolution. 18. Moved by Supervisor Murphy, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ortrud B. Hanus as a ,part-time Clerk in the Accounting Department, effective August 1, 1986, at a salary of $5.50 per hour. 18.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. 'SUPERVISOR MURPHY: Number 19 is a transfer in the Fishers Island Ferry District 1986 Budget. 19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following transfers within the Fishers Island Ferry District 1986 Budget: From: Operation Feerry $3,670.00 New York State Retirement 789.23 $4,459.23 m _ ,Into: _ Accounting $3, 670.00 Insurance Claims 789.23 - $4,459.23 19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 20 is to authorize a modification of the 1986 General Fund Whole Town Budget. 20. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification of the 1986 General Fund Whole Town Budget: A980 Revenues $30,450.00 A3115 Shellfish $30,450.00 A960 Appropriations $30,450.00 A8830..4 Shellfish $30,450.00 20.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare,. Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 21 is to appoint an Aide. 21. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lori McIver as a Health Aide in the Southold Town Senior Adult Day Care Center, effective August 4, 1986, 15 hours per week, $3.35 per hour. 21 .-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 is to appoint Aides. 22. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Marion O'Connor, Roblerta Zebroski and May Johnson as Respite Aides in the Brief Respite Program, effective immediately, 10 hours per week, $4.00 per hour. 22.-Vote of' the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 23 is to advertise for an Assistant Cook. 23. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Nutrition Program Director. Venetia McKeighan to advertise for an Assistant Cook for the Nutrition Program, 35 hours per week, $6.39 per hour.- 23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. - 7 2 JULY 29, 1986 SUPERVISOR MURPHY: Number 24 is` to authorize the allocation of the additional $29,000 that we are.happily receiving from HUD for our Community Development Program. 24. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. .Murphy to execute a Suffolk County Consortium Project Description Form for the allocation of an additional $29,000. 00 in 1986 Community Development Funds to be used toward the Southold Affordable Housing Projects at South Harbor Road, Southold and Seventh Street, Greenport. COUNCILMAN PENNY: I'd like to comment at this time. The only reason I'm going to vote against this resolution is because I feel that we have a better use of these funds. Right now we have a pretty serious problem with the Seventh Street Sewer Project whereas we're caught in a glitch between the old policy and the new policy fo the Village of Greenport and the residents have expressed exasperation at-being required to pay a $2600 hook-up fee and it seems as if the Village of Greenport is not willing to waive that fee,. and I feel that-these funds could be better used to help more people at this time with a much more pressing need and that's .why I'm voting the way 1 am. SUPERVISOR--MURPHY: Anyone else like .to make a comment? COUNCILWOMAN COCHRAN: 1 would just like to say that the way I understood -it from Jim McMahon this morning is that if we did not submit this proposal, with this specific project in mind, that then the Community Development people could place_ that into our Community Program anywhere they liked and I supported the idea of us controlling where the money was going. COUNCILMAN SCHONDEBARE: 1 for one would say that I would not use the $29,000=towards, the Seventh Street Project to begin with. We've already layed out $55,000 towards that project and I think that's exactly what the Village of Greenport is looking towards, and that is more money out of the pockets of the Town of Southold, and I would not appropriate this funding towards that project. JUSTICE EDWARDS: This $55,000 project is just sitting there and not being used. COURULWOMA.M.COCHRAN : It's a matter of working out a solution at this time. SUPERVISOR M-URPHY: I thought we were working out a solution: I thought that was the agreement of the two Boards. Any other comments? (No response.) 24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Supervisor Murphy.. Noes: Councilman Penny, Justice Edwards. This--resolution was declared LOST. SUPERVISOR MURPHY: Number 25 is to appoint a Town Director of Senior Services, effect7ve.�rninediately. 25. Moved by Councilwoman Cochran, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Venetia Mc-Keighan --as Southold Town's Director of Senior Services, effective immediately. SUPERVISOR MURPHY: I think it should be seconded, Judy, by everybody on the T.ow.n:,:;Board_._I .don't think we could have a better Director. 25.-Vote of-the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man--Scho:ndebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 26 is to designate a Town -Committee on Health Issues and Services for the Elderly in Southold Town. 26. Moved by Justice.Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the Southold Town Geriatric Network as the designated Southold Town Committee on Health Issues and Services for the Elderly in Southold Town, and hereby appoints the following individuals to that committee: Venetia McKeighan, Southold Town's Director of Senior Services Bonnie Hoffman, representing North Fork Counseling Service Jay Slotkin, M.D., physician with special interest in Geriatrics Edythe Passano, Community Service Representative, Suffolk Co. Office for Aging Betty Davis, Public Health Nurse Stacia Rempe, R.N., representing Eastern Long Island- Hospital JULY 29, 1986 73 Dorothy Kiernan, Nurse Practitioner Dorrie Whyard, Retired Senior Volunteer Program (RSVP) representative 26.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to authorize a transfer of a trailer permit that expires on September 21st. 27. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED. that the Town Board of the Town of Southold hereby authorizes the transfer of Trailer Permit No. 54 from Alfred W. Steiner to Roy J. Schoenhaar, which permit expires on September 21, 1986, for trailer located on a right-of- way off of the southeast side of Main Road, Mattituck, New York. COUNCILMAN SCHONDEBARE: Just let me state that I'm going to vote against this. I can't say that the-people do not have a just cause for having a trailer, .or wishing to purchase this trailer, but I really think this Town Board is going to have to come to grips with the issue one way or the other, because I'm sure there are many other people in this Town who have similar problems and similar needs and who would like to have a trailer, and they're not allowed to do so, and we seem to go from one case to another. We have no concrete proposals, and I think it's unfair: I will vote against it. SUPERVISOR MURPHY: Any other comments? COUNCILWOMAN COCHRAN:' A would just like to say until such time as the Town Board sits down and seriously discusses this, that I feel up to this point we've evaluated giving trailer permits based on the need and the situation involved, and I'll support this. JUSTICE EDWARDS: I was going to vote`'against it, and I spoke of it during the Work Session, but after• hearing from George Penny what the circumstances were that was the one that changed my vote. I think there's a need for it. Normally wouldn't have voted for it. ` COUNCILMAN SCHONDEBARE: I can't say that there's not a need for it. -There is, considering the circumstances that were presented to us. What I'm say is is that there are a lot of other people in this Town with a similar need and we tell those people "no". We have an arbitrary and capricious handling fo these darn trailer permits. COUNCILWOMAN COCHRAN: I think we have, in the past, our decisions are based on need and the circumstances. SUPERVISOR MURPHY: And this trailer's been in existence, Jay, since 1962. COUNCILMAN SCHONDEBARE: Right, and it is my understanding is they put it there contrary to even our own rules and regulations and ordinances. SUPERVISOR MURPHY: Town Boards twice a.'year gave a permit for it since 1962. COUNCILWOMAN COCHRAN: Right. COUNCILMAN SCHONDEBARE: No. SUPERVISOR MURPHY: Sure they did. COUNCILMAN SCHONDEBARE: They had it there and they were told to get one. COUNCILMAN PENNY: Can I say something? Everybody else has. When this first came up, which I believe was two weeks ago, there was no intention of the need, and I voted against it. It was just basically offered as a transfer. The party that was purchasing the trailer contacted his attorney and wanted to know what his rights were, and as of that point not having any need whatsoever being shown to us, I voted against this, and now the application has been made in the proper fashion and there is a need which I feel is justified, and that's why I voted for it. SUPERVISOR MURPHY: Any other comments? (No response.) 27.-Vote of the Town Board:' Ayes: Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 28 is to authorize Commissioner of Public Works Ray Jacobs to exchange equal amounts of sand for clay being brought into the Southold Town Landfill Site. I offer that resolution. 74 JULY 29, 1986 28. Moved by Supervisor Murphy, seconded by Councilman Schondebare, WHEREAS, Commissioner of Public Works Raymond L. Jacobs has requested permission to exchange equal amounts of sand for clay to. be brought into the Southold Town Landfill Site, Cutchogue, which material is to be used by the Town for capping purposes, and WHEREAS, tests have been conducted on the clay material by Soil Mechanics Drilling Corp. and found to be less permeable than New York State Department of Environ- mental Conservation Part 360 requirements for capping of sanitary landfills, now, therefore, be it RESOLVED that the Town Board hereby grants permission for Commissioner of Public Works Jacobs to exchange equal amounts of sand for clay being brought to the Land- fill Site by Roscoe King, contractor on behalf of Harold Reese, developer of the major subdivision known as Hill Crest at Orient, located on Route 25, Orient, New York. SUPERVISOR MURPHY: The story behind this is a man has surplus clay on a site and he needs sand and we had the clay tested and it is an acceptable capping material for the landfill so we feel that we'll take this in and stockpile it until the time comes when we have to cap our landfill, which is pretty soon. 28.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-` man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. -SUPERVISOR MURPHY: Number 29 is.'to set a public hearing. 29. Moved by Justice Edwards, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law to repeal the Home Improvement Contractors Law of the Town of Southold," now, therefore, be it REOLVED that the Town Board hereby sets 8: 05 P.M., Tuesday, August 12, 1986, Southold Town Hall, Main Road, .Southold, New York, as time and place fora up blic hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1986 A Local Law to repeal the Home Improvement Contractors Law of the Town of Southold BE IT ENACTED by the Town Board .of. the. Town of Southold, as follows: I. The Home Improvement Contractors Law of the Town of Southold, constituting Chapter 50 of the Code of the Town of Southold is hereby repealed. II. This Local Law shall take effect upon its filing with the Secretary of State. 29.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 30 is the first of three on our SEACOM project, if you want to call. it, but to start the authorization for the Town to acquire LILCO's assets, and it's a resolution and bond act. I offer that resolution. 30. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, RESOLUTION AND BOND ACT AUTHORIZING THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW - YORK (A) TO ESTABLISH, OWN AND OPERATE A PUBLIC UTILITY SERVICE SYSTEM, (B) TO ACQUIRE THE DISTRIBUTION FACILITIES OF THE LONG ISLAND LIGHTING COMPANY WITHIN THE TOWN BUT OUTSIDE THE BOUNDARIES OF THE VILLAGE OF GREENPORT AND GREENPORT'S SERVICE AREA IN SCHOOL DISTRICT NO. 10 AND TO CONSTRUCT NECESSARY ADDITIONS THERETO AT AN ESTIMATED MAXIMUM COST OF $23,555,000, (C) TO APPROPRIATE SAID AMOUNT THEREFOR, (D) TO ISSUE $23,555,000 GENERAL OBLIGATION SERIAL BONDS OF THE TOWN, OR SO MUCH THEREOF AS MAY BE NECESSARY TO FINANCE JULY 29, 1986 75 SAID OBJECT OR PURPOSE, AND (E) TO LEVY A TAX TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS AND TO -ESTABLISH RATES, RENTALS AND CHARGES FOR THE SERVICES RENDERED SUFFICIENT TO PAY. ALL OPERATING COSTS AND PRINCIPAL AND INTEREST ON SAID BONDS AND TO BE BUDGETED AS AN OFFSET TO ANY SUCH TAX. Recitals WHEREAS, the Town of Southold, Suffolk County, New York (the "Town") has been concerned for some time with the high cost of electric power in the Town and the effect of such cost on the economic growth and well-being of the Town; WHEREAS, the Town retained R.W. Beck and Associates, Engineers and Consultants. (the "Consulting Engineers.") to prepare a preliminary feasibility study. for the acquisition and operation by the Town of certain of the electric distribution properties of the Long Island Lighting Company, Inc. ("LI LCO" or "the Company") within the Town which study was submitted to the Town Board (the "Board") through the Town Supervisor on July 8, 1985; WHEREAS, the Consulting Engineers concluded, among other . things, and based upon the analysis presented in such report, that the Town's acquisition and operation of certain of the company's electric properties in the Town can result in savings in the cost of electricity to customers in the Town; WHEREAS, Section 360 of the General Municipal Law constituting Chapter 24 of the consolidated Laws of the State of New York, (the "General Municipal Law") empowers any municipality of the State to construct, lease, purchase, own, acquire, use and/or operate any public utility service within or without its territorial limits for the purpose of furnishing to itself or for compensation to its inhabitants any service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law and provides that any resolution of the Board setting forth the proposed method of constructing, leasing or acquiring the plant and facilities for such service together with the maximum and estimated cost thereof and the method for furnishing such service shall be submitted for the approval of the electors of the Town at the next general election in such Town held not less than ninety (90) days after the adoption th—eof; NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK .(by the affirmative vote of not less than three-fifths of the voting strength of said Board) AS FOLLOWS: 76 JULY 29, 1986 Section 1. Pursuant to the General Municipal Law arid other laws applicable thereto; the Town is hereby authorized to establish, own and operate a public electric utility se,rvice system within and/or without its territorial limits, or within any part of its territorial limits, for the purpose of furnishing to itself and for compensation to its inhabitants any service similar to that furnished by any. public utility company specified in Article 4 of the Public Service Law. Notwithstanding any general or special law, pursuant to the provisions of subdivision 2 of Section 360 of the General Municipal Law, the Town may, in the future, construct, lease, purchase, own, acquire, use and/or operate any additions to such system within or without its territorial limits for the purpose aforesaid. For such purpose the Town is hereby authorized to purchase gas or electrical energy from the State of New York or from any state agency, or other municipal corporation, or from- any private or public corporation. Section 2. The proposed method of providing such public utility electric service is. by the acquisition of certain distribution, substation and transmission facilities of Long Island Lighting Company either through purchase or condemnation proceedings in conformance with law and by the construction of additions and incidental improvements as necessary to provide for such electric service, which method is hereby authorized. While acquisition of facilities to serve the entire Town of Southold may be undertaken pursuant to future resolutions, electric service would be provided through the facilities acquired pursuant to this resolution solely to an electric ' utility district which will be comprised of the territory within the. boundaries of the Town outside of the boundaries of the Village of Greenport and Greenport's service territory in School District No. 10. The transmission and distribution facilities which are to be acquired by purchase or condemnation are the 69 kilovolt line which serves Peconic and Southold Substations, which emanates from the Riverhead Substation which is located approximately seven miles from the Town line; the 23 kilovolt. subtransmission line which runs from the Town line all the way across the peninsula to Orient Point; a double circuit 23 kilovolt subtransmission line served from Riverhead Substation which runs through Tuthills Substation into Mattituck Substation; a single circuit 23 kilovolt subtransmission line which runs from Mattituck and ties into Peconic, Southold and Orient Point Substations, and continues through Orient Point Substation to serve Plum Island; and two express 13. 8 kilovolt distribution feeders from the Southold Substation which provides service to Greenport and Shelter Island. Section 3. The maximum and the estimated total cost of such acquisition and construction under the aforesaid proposed method is JULY 29, 1986 77 $23,555,000. Section 4. The proposed method of furnishing such electric service, once such system is acquired as aforesaid, consists of (a) purchasing power from the Power Authority of the State of New York, and any other sources as may be required to ensure power availability to all the electric system's customers, (b) delivering said power to the electric service system of the Town for distribution to its electric customers at transmission or distribution voltages over the transmission facilities of the Power Authority of the State of New York and .the transmission substation and distribution facilities of the Company, and such other entities as may be required to ensure power availability to all of the electric system customers, (c) installing metering equipment to monitor power flow between the Town's electric system and the Company's . remaining electric' system, and (d) constructing, any. necessary additions to the existing distribution facilities so acquired as aforesaid. Section 5.. The Town's utility system shall be administered by a Town Utility Board which shall be established and whose members shall be appointed by the Town Board of the Town of Southold, Suffolk County, New York, in the manner provided by law. The Utility Board is authorized to operate the municipal utility throughout•the boundaries of the Town of Southold, outside of the boundaries of the Village of Greenport and Greenport's service territory in School District No. 10, or, at the Board's discretion, in any section or portion of the Town in which municipal service has been authorized by lawful resolution and .approval of the electorate. Section 6. The method of operation of, and the rates, rentals and charges for such service shall be fixed by the Town Utility Board in the manner provided by law and the indebtedness of the Town issued for such purpose shall be self-liquidating and, in ascertaining the power of the Town to contract indebtedness, shall be excludable from the Town's constitutional debt limit pursuant to Section 123 of the Local Finance Law upon application to and approval by the State Comptroller. Section 7. Pursuant to the provisions of the Local Finance Law and the provisions of other laws applicable to the Town of Southold, $23,555, 000 in serial bonds of the Town, or so much thereof as may be necessary, are hereby authorized to be issued for the acquisition and construction of the aforesaid utility system. The estimated maximum 166st of such specific object or purpose is $23,555,000 including buildings, land or rights in land and the necessary original furnishings, equipment, machinery and apparatus and preliminary cost of surveys, maps, plans, estimates, and hearings in connection therewith, and other costs incidental thereto and the financing thereof including but not 78 JULY 29, 1986 limited to legal fees.- printing or engraving, publication.. of notices, taking of title, apportionment of costs, and interest during acquisition and construction and said'amount of. $23,555, 000 is hereby appropriated therefor. Section 8. The plan of financing includes the following: the issuance of $23,555,000 serial bonds of the Town or such amount thereof as may be necessary to finance such object or purpose and notes in anticipation of the sale of such bonds; all the taxable real property within the Town shall be subject to th-e_levy and collection of a tax to pay the principal of said bonds or notes and the interest thereon as the same shall become due and payable; and electric service rates, rentals and charges for services rendered shall be fixed, charged and collected in order that the revenues therefrom after deducting in each year all the costs of operation, maintenance and repairs of the system for such year will be sufficient to pay the principal or and interest on such bonds .or notes and shall, and are hereby authorized"to, be budgeted as an offset to any such tax. Section 9. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the specific object,.or purpose for which the bonds authorized by this Resolution and Act -are to be issued, within the limitations of Section 11. 00 a. 5 of the Local Finance Law, is thirty (30) years. (b) Current funds are not required prior to the issuance of the bonds herein authorized or of any notes in anticipation of the sale of such bonds pursuant to the provisions of Section 107. 00 d. 3 (d) of the Local Finance Law. (c) The proposed maturity of the bonds authorized by this Resolution and Act will be in excess of five (5) years. Section 10. Subject to the provisions of this Resolution and Act and of the Local Finance Law, and pursuant to the provisions of Section 30. 00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Sections 50.00 and 56.00 to 60. 00 of said Law, the powers and duties of the Town Board relative to authorizing the issuance of any notes in anticipation of the sale of the serial bonds herein authorized or the renewals of said notes and relative to authorizing bond anticipation notes and prescribing the terms, for and contents and as to the sale and issuance of the serial bonds herein authorized and of any notes in anticipation of the sale of said serial bonds or the renewals of said notes, are hereby delegated to the chief fiscal officer of the Town of Southold. Section 11. Each of the serial bonds authorized by this Resolution and Act and any notes issued in anticipation of the sale of said bonds or the JULY 29, 1986 79 renewals of said notes shall contain the recital of validity -prescribed by Section 52.00 of the Local Finance 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 as to 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 said 'bonds or the renewals of said notes, and provision shall be made annually in the budgets of the Town by appropriation for (a) the amortization and redemption of .the notes and bonds to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 12. The validity of the bonds authorized by this Resolution and Act 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 and Act 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 Constitution. Section 12. The estimate of $23,555,000 as - the maximum cost of the aforesaid specific object or purpose iv hereby approved, and this Resolution and Act shall not become effective until. submitted at the general election to be held on November 4, 1986 and approved by a majority of the votes cast on the question of the approval or disapproval of this Resolution and Act. COUNCILMIAN PENNY: I'd like to make a comment. At this point what we are passing on is not the expenditure or the bond issue of $23,555,000. 00. What we are passing on is an opportunity to the public to decide whether or not they want us to follow in this behalf. We have deliberated on this for a long time. The County. is also working 'int heir own direction. The State is working in their own direction, and there are those that feel that maybe if one of those ventures do not pan out that the Town would be willing to take on this venture on their own. Well, that is an issue that is not being voted on at this time, it is just whether or hot we let the people decide, and ;that is the way I'm voting tonight. JUSTICE EDWARDS: Another comment. The people on Fishers Island, of course if this goes through, will be taxed again without representation and I'm going to go along with the resolution, but mind you when it comes time to vote on the Island think the people on the Island are going to vote in the negative, because it's just going to be more money out of their pockets for no services again. Thank you, Frank. SUPERVISOR MURPHY: That's only a guess. Any other comments? (No response.) 80 JULY 29, 1986 30.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is a resolution for the submission of this resolution for a referendum at the next general election to be held on November 4th, 1986. 1 offer that resolution. 31. Moved by Supervisor Murphy, seconded by Councilman Schondebare, RESOLUTION PROVIDING FOR THE SUBMISSION OF A PROPOSITION AT THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1986: WHEREAS, on July 29, 1986, this Town Board adopted a Resolution and Bond Act entitled: "Resolution and Bond Act authorizing the Town of Southold, Suffolk County, New York (A) to establish, own and operate a public utility service system, (B) to acquire the distribution facilities of the Long Island Lighting Company within the Town but outside the boundaries of the Village of Greenport and Greenport's service territory in School District No. 10 and to construct necessary additions thereto at an estimated maximum cost of $23,555,000, (C) to appropriate said amount therefor, (D) to issue $23,555,000 in general obligation serial bonds of the Town, or so much thereof as may be necessary to finance said object or purpose, and (E) to levy,.a tax to pay the principal of and interest on said bonds and to establish rates, rentals and- charges for the services rendered sufficient to pay all operating costs and principal and interest on said bonds and to be budgeted as an offset to any such tax." (Adopted July 29, '1986) . . WHEREAS, Section 360 the General Municipal Law of the State of New York requires that an .Act which authorizes the Town to establish,-;;own and operate a public utility service be submitted for , the approval of the Town h v electors at a general or special election; now, therefore, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD: Section 1. The following Proposition shall be submitted to the voters of the Town of Southold at the general election to be held on November 4, 1986, for their approval or disapproval: FORM OF SUBMISSION OF TOWN OF SOUTHOLD PROPOSITION NO. 1 SHALL "Resolution and Bond Act authorizing the Town of Southold, New York (A) to establish, own and operate a public utility service system, (B) to acquire the distribution facilities of the Long Island Lighting Company within the Town but outside the boundaries of the Village of Greenport and Greenport's service territory in School District No. 10 and to construct necessary additions thereto* at an estimated maximum cost of $23,555,000, (C) to appropriate said amount therefor, (D) to issue $23,555,000 general obligation serial bonds of the Town, or so much thereof as may be necessary to finance said object or purpose, and (E) to levy a tax to pay the principal of and interest on said bonds and to establish rates, rentals and charges for the services rendered sufficient to pay all operating costs and principal and interest on said bonds and to be budgeted as an offset to any such tax," (Adopted July 29, 1986) BE APPROVED? Section 2. An abstract of such Resolution and Bond Act is as follows: JULY 29, 1986 81 ABSTRACT FIRST: RECITING that the Town of Southold (the "Town!') retained R. W. Beck and Associates to prepare -a preliminary feasibility. study for the acquisition and operation by the Town of certain'of the electric distribution properties of the Long Island Lighting Company, Inc. within the Town; that such study concluded that .such ' acquisition and operation can result in savings in' the cost of electricity: to; consumers. in the Town; that Section 360 of the General Municipal Law empowers any municipality of the State to- construct, lease, purchase, own, acquire. use and/or operate any public utility service within' or -without .its territorial limits. for the purpose of furnishing to. itself -or for compensation .to its inhabitants any service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law; and that .any resolution of the Town Board setting forth. the proposed method of constructing, leasing or acquiring the plant . and facilities for such service together with the maximum and estimated cost thereof, and the method for furnishing such service shall be submitted for the approval of the electors of the Town at the next general election in such Town held not less than ninety. (90) days after ;the adoption thereof; SECOND: AUTHORIZING the Town to establish, own and operate. a public electric I utility service system within and/or without its territorial limits. or - within any part. of its territorial limits, for -the purpose of furnishing —to itself and for compensation to. its. inhabitants any service similar to. that furnished by any public utility company specified in Article 4 of the Public ' Service Law; providing that the Town may in the future, construct, lease, purchase, own, acquire, use and/or operate any additions, to such system within or without its territorial limits for the purpose aforesaid;* providing that .for such purpose the Town is hereby authorized to purchase gas or electrical energy from the State of New York or from any State agency or other municipal corporation or from any private or public 'corporation. .THIRD: Stating that .the proposed- method of providing such public utility electric ' system is ' by the- acquisition of certain • distribution, substation and transmission facilities of the Long Island Lighting Company either through purchase or condemnation proceedings and by the construction of additions and incidental improvements as necessary to provide for such electric service, stating.. that while acquisition of facilities to serve the entire Town of Southold may be undertaken pursuant to 8 2 JULY 29, 1986 future resolutions, electric service would be provided through "the facilities acquired pursuant to. this resolution solely to. an electric utility district which will be comprised of the territory within the boundaries of the Town outside of the boundaries of the Village of Greenport and Greenport's . service territory in School District No. 10; further setting forth the transmission and distribution facilities to. be acquired by purchase or condemnation. FOURTH : Stating that the maximum and the estimated total cost of such acquisition and construction under the aforesaid' proposed method is $23,555,000. FIFTH : Stating the proposed method of furnishing such electric service, once such system is ' acquired as aforesaid, is to consist of (a) purchasing power from the Power Authority of the State of N.ew York, and any -other -sources as may be required to.ensure power availability to all the electric. system's customers, (b) delivering such power to. the Town's electric ' service system for distribution to. its. electric * customers over' the transmission facilities of the Power Authority. of the State of New York and the transmission substation and distribution facilities of Long Island Lighting Co. , and such other entities as may be required to ensure power availability. to all of the electric * system customers, (c) installing metering equipment.._to monitor power flow between the Town's electric system and Long Island Lighting Company's . remaining electric' system, and (d) constructing any necessary additions to the existing distribution facilities so acquired as aforesaid: SIXTH : Stating that the. Town's .utility. system shall be administered by a Town Utility Board to be established and whose members will' be appointed by the Town Board; providing that :such Utility Board is authorized to operate the municipal utility throughout the boundaries of the Town, outside of the boundaries of the Village of Greenport and Greenport's service territory in School District No. 10, or, at the Board's- discretion, in any section -or portion of the Town in which municipal service has been authorized. SEVENTH : Stating that the method of operation of, and the rates, rentals and charges for such service shall be fixed by the Town Utility Board in the manner provided by law and the indebtedness of the Town issued for such purpose shall -be self-liquidating, and the power of the Town to. contract indebtedness shall be excludable from the Town's constitutional debt limit ' pursuant to. Section 123 of the Local Finance Law upon application to and approved by the State Comptroller. JULY 29, 1986 83 EIGHTH : Authorizing the issuance of $23,555,000 of serial bonds of the Town for the acquisition and construction of the aforesaid utility system; stating the estimated maximum cost of such specific ' object or purpose is $23,555,000, including buildings, land, furnishings, equipment, apparatus, and other costs incidental thereto. NINTH : Stating the plan of financing is ' the issuance of $23,555,000 serial' bonds—and notes in anticipation of the sale of such bonds; stating that all the taxable real property within the Town shall be subject to the levy and collection of a tax to pay the principal 'of said bonds or notes and the interest the as the same shall become due and payable, and electric service rates, rentals and charges for services rendered shall be fixed, charged and collected in'order .that the revenues therefrom, after deducting in' each year all of the costs. of operation, maintenance and repairs of the system for such year, wil.l .be sufficient to- pay the principal of and interest on__ such bonds or notes and shall, and are. hereby authorized to,. be budgeted as an offset to any such tax. TENTH : Determining the period of usefulness of said specific object or purpose is ' thirty (30) years; that current funds are not required by the Local. Finance Law; that the proposed maturity of the bonds authorized therefor will exceed five years. ELEVENTH : Delegating to the Supervisor, the chief fiscal officer of the Town, the powers and duties as .to the issuance of said bonds and notes, and any bond anticipation notes issued in*anticipation of said bonds, or the renewals thereof. . TWELFTH : Determining that said'bonds and notes issued in anticipation of said' bonds and the renewals of said. notes shall be general obligations of the Town and pledging to.their payment the faith. and credit of the Town. THIRTEENTH : Stating that .the, validity of the bonds authorized by said resolution and of any notes issued in' antici'pation' of the sale of said bonds may only be contested if: (a) the same are authorized for a 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; and FOURTEENTH : Stating that said Resolution and Act shall not become effective until 'submitted to: and approved by the qualified voters of the Town at the general election to be held on November 4, 1986. 84 JULY 29, 1986 Section 3. The Town Clerk of the Town of Southold shall forthwith and not less than 36 days prior to said Election forward a certified copy of this resolution to the Suffolk County Board of Elections. 31.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is to provide for the publication of this resolution. 32. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was, RESOLUTION PROVIDING FOR THE PUBLICATION OF TOWN RESOLUTION AND BOND ACT NO. 30 AND NOTICE OF SUBMISSION OF A PROPOSITION THEREON AT THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1986. BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, AS FOLLOWS: Section 1. The Town Clerk of the Town of Southold is hereby directed to cause to be published a copy of Resolution and Bond Act No. 30, adopted by the Town Board on July 29, 1986., together with a notice that a Proposition for the approval or disapproval of said Resolution and Bond Act shall be submitted at the general election to be held on November 4, 1986, such publication to be made once in each of the six weeks immediately preceding said general election, in each of the following newspapers having a general circulation in the Town of Southold, which newspapers are hereby designated the official newspapers for the purpose of said G- publication: The Long Island Traveler-Mattituck Watchman The Suffolk Times Section 2. Said Notice shall be in substantially the form as follows: TOWN OF SOUTHOLD NOTICE OF PROPOSITION TO BE SUBMITTED AT THE GENERAL ELECTION TO BE HELD ON. NOVEMBER 4, '1986 NOTICE IS HEREBY G.IVEN that at the General Election to. be held on November 4, 1986, between the hours. of 6:00 o'clock A.M. (E.S.T.) and 9:00 o'clock P.M. (E.S.T.) , the following Proposition will be submitted to the qualified electors. of. the Town of Southold, to wit: PROPOSITION NO. 1 SHALL "Resolution and Bond Act authorizing the Town of Southold, New York (A) to establish, own and operate. a public utility: service system, (B) to acquire the distribution facilities of the Long Island Lighting Company within* the Town but outside the boundaries of the Village of Greenport and Greenport's . service territory in School District No. 10 to construct necessary additions thereto at an estimated maximum cost of $23,555,000.. (C) to, appropriate. said amount therefor, (C) to issue $23,555,000. general obligation serial bonds of the Town, or -so much thereof as may be necessary to finance said object or purpose, and (E) to. levy a tax to: pay the JULY 29, 1986 85 principal of and interest 'on, said'bonds and to establish rates; rentals and charges for the services rendered sufficient to pay all operating costs and principal and interest on said bonds and to be budgeted as an offset to=any such tax," (Adopted July 29, 1986) BE APPROVED? NOTICE IS FURTHER GIVEN that the polling places in each of the respective election districts. of the Town of Southold- shall be the same polling places as shall be used for voting at the General Election held on that day. An abstract of said Resolution and Bond Act stating the purpose and effect thereof is as follows: ABSTRACT FIRST: RECITING that the Town of Southold (the "Town") retained R. W. Beck and .Associates to prepare a preliminary feasibility. study for the acquisition and operation by the Town of certain*of the electric distribution properties of the Long Island Lighting Company, Inc. within the Town; that such study concluded that .such acquisition and operation can result in savings in' the cost of electricity: to consumers in the Town; that.'Section 360 of the General Municipal Law empowers any municipality of the State to- construct, lease, purchase, own, acquire• use and/or operate any public utility service within* or -without .its territorial limits. for the purpose of furnishing to itself or for compensation to its. inhabitants any service similar to that furnished by any public utility company specified in Article-4 of the Public, Service Law; and that any resolution. of the Town Board setting forth the proposed method of constructing, leasing or acquiring the plant and facilities for such service together with the maximum and estimated cost thereof, and the method for furnishing such service shall be submitted for the approval of the electors of the Town at the next general election in such Town held not less than ninety. (90) days after the adoption thereof; SECOND: AUTHORIZING the Town to- establish, own and operate a public electric I utility. service system within and/or without its territorial limits or within any part. of its territorial limits, for -the purpose of furnishing to itself and for compensation to its. inhabitants any service similar to that furnished by any public utility company specified in Article 4 of the Public:: Service Law; providing that 'the .Town may in the future, construct, lease, purchase, own, acquire, use and/or operate any additions, to such system within or without its . territorial limits for the purpose aforesaid; providing that for such purpose the Town is hereby authorized to. purchase gas or electrical energy from the State of New York 86 JULY 29, 1986 or . from any State agency or other municipal corporation or from any private or public 'corporation. TH 1 RD: Stating that .the proposed method of providing such publ is utility electric system is ' by . the acquisition of certain distribution, substation and transmission facilities of the Long Island Lighting Company either through purchase or condemnation proceedings and by the construction of additions and incidental improvements. as necessary to provide for such electric service, stating that while acquisition of facilities to serve the entire Town of Southold may be undertaken pursuant to future resolutions, electric service would be provided through the facilities acquired pursuant to. this ' resolution solely to. an electric utility district which will be comprised of the territory within the boundaries of the Town outside of the boundaries of the Village of Greenport and Greenport's . service territory in School District No. 10; further setting forth the transmission and distribution facilities to. be acquired by purchase or condemnation. FOURTH : Stating that the maximum and the estimated total cost of such acquisition and construction under the aforesaid proposed method is $23,555,000. FIFTH : Stating the proposed method of furnishing such electric service, once such system is ' acquired as aforesaid, is to consist of (a) purchasing power from the Power Authority of the State of New York, and any other sources as may be required to. ensure power availability to all the electric system's customers, (b) delivering such power to. the Town's electric ' service system for distribution to. its electric ' customers over the transmission facilities of the Power Authority. of the State of New York and the transmission substation and distribution facilities of Long Island Lighting Co. , and such other entities as may be required to ensure power availability to all of the electric ' system customers, (c) installing metering equipment to monitor power flow between the Town's electric system and Long Island Lighting Company's remaining electric system, and (d) constructing any necessary additions to the existing distribution facilities so acquired as aforesaid: SIXTH : Stating that the. Town's .utility system shall be administered by a Town Utility Board to be established and whose members will be appointed by the Town Board; providing that such Utility Board is authorized to operate the municipal utility throughout the boundaries of the Town, outside of the boundaries of the Village of Greenport and Greenport's service territory in School District No. 10, or, at the Board's discretion, in JULY 29, 1986 87 any section or portion of the Town in. which municipal service has been authorized. SEVENTH : Stating that the method of operation of, and the rates, rentals and charges for such service shall be fixed by the Town Utility Board in the manner provided by law and the indebtedness of the Town issued for such purpose shall -be self-liquidating, and the power of the Town to. contract indebtedness shall be excludable from the Town's constitutional debt limit ' pursuant to. Section 123 of the Local Finance Law upon application to and approved by the State Comptroller. EIGHTH.: Authorizing the issuance of $23,555,000 of serial bonds of the Town for the acquisition and construction of the aforesaid utility system; stating the estimated maximum cost of such specific object . or purpose is $23,5SS,000,. including buildings, land, furnishings, equipment, ..apparatus, and other costs incidental thereto. -- - NINTH : Stating the plan of financing is the issuance of $23,555,000 serial bonds and notes in anticipation of the sale of such bonds; stating that all the taxable real property within the Town shall be subject to the levy and collection of a tax to pay the principal of said bonds or notes and the interest thereon as the same shall. become due and payable, and "electric service rates, 'rentals and charges for services rendered . shall be fixed, charged and collected in'order .that'the revenues therefrom, after deducting in" each year all of the costs. of operation, maintenance and repairs of the system for such year, will' be sufficient to. pay the principal of and interest . on such bonds or notes and shall, and are. hereby authorized to,. be budgeted as an offset to any such tax. TENTH : Determining the period of usefulness of said specific object or purpose is thirty (30) years; that current funds are not required by the Local. Finance Law; that the proposed maturity of the bonds authorized therefor will exceed five years. ELEVENTH : Delegating to. the Supervisor, the chief fiscal officer of the Town, the powers and duties as .to- the issuance of said bonds and notes, and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof. . TWELFTH : Determining that said' bonds and notes issued in anticipation of said' bonds and the renewals of said: notes shall be general obligations of the Town and pledging to.their payment the faith and credit of the Town. THIRTEENTH : Stating that .the validity of the bonds authorized by said resolution and of any notes issued in anticipation of the sale of said bonds may only be contested if: (a) the same are authorized for a purpose for which the Town is .not .authorized to expend . money, or (b) the 8 8 JULY 29, 1986 provisions of law which should be complied with at the Mate 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; and FOURTEENTH : Stating that said' Resolution and Act shall not become effective until submitted to: and approved by the qualified voters of the Town ,at the general election to.be held on November 4, 1986. Section 3. The Town Clerk of the Town of Southold is hereby further directed to cause to be published in full, a copy of Resolution and Bond Act No. 30 adopted by the Town Board on July 29, 1986, together with the statutory notice attached, as prescribed by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, such publication- to be made once in each of the following newspapers having a general circulation in the Town of Southold, which newspapers are hereby designated the official newspapers for the -purpose of said publication: The Long Island Traveler-Mattituck Watchman The Suffolk Times Said publication shall be effected as soon as possible after the ca-rivass of the results of the voting on the Proposition with respect to said Resolution and Bond Act at the general election provided that the said Proposition shall have received the approval of a majority of the votes cast thereon. 32.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice .Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 33 is a resolution to create the position of a Senior Building Inspector. 33. Moved by Councilman Penny, seconded by Councilman Schondebare, it was RESOLVED that the Town Board fo the Town of Southold hereby creates the position of Senior Building Inspector for the Town of Southold. 33.-Vote of-the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council— man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 34 is to declare ourselves lead agency. 34. Moved by Justice Edwards, seconded by Councilwoman Cochran, 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 in the matter of a proposed Local Law entitled, "A Local Law to provide for the regulation of public assemblies." 34.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Coun. man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY : Number 35 is to authorize the transmittal of this proposed Local Law to the Town Planning Board and Suffolk County Department of Planning. offer that resolution. 35. Moved by Supervisor Murphy, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law to provide for the regulation of public assemblies," now, therefore, be it ` RESOLVED that the Town Clerk be and she hereby is-authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and Suffolk JULY 29, _086 89 oun y epartment of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: LOCAL LAW NO. - 1986 A Local Law to provide for the regulation of public assemblies BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: I. Sudivision C of section 100-114 thereof is repealed, and subdivision D to J inclusive are relettered accordingly. 11. Said chapter is amended by adding a new section thereto, to be section 100-114. 1, to provide as follows: Section 100-114. 1 Public Assembly Permits. A. Definitions For the purpose of this section, the following terms, phrases and words shall have the following meaning : PERSON - Any person, firm, partnership; association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. PUBLIC ASSEMBLY - The gathering together of fifty or more persons for amusement, athletic; charitable; civic; dining, educational, entertainment, fraternal, fund raising, patriotic; political, promotional, -recreational, religious, social or similiar purposes. TOWN BOARD - The Town Board of the Town of Southold. B. Permit Required Notwithstanding any other provision of this, code or other provision of law, no person shall maintain, conduct, promote, use or occupy, any land or premises for public assembly purposes, other than in established theatres, auditoriums or other premises licensecCor permitted for public assembly purposes as limited by law, except pursuant to a permit authorized by the Town Board and issued by the Town Clerk pursuant to the provisions of this section. C. No owner , lessee, licensee or other person having any right to or interest in'any real property within the jurisdiction of the Town of Southold-shall license, rent, lease or otherwise permit the use of such real property or any part thereof for public assembly purposes, other than in established theatres, auditoriums or other places licensed or permitted for public assembly purposes as limited by law, except pursuant to a permit authorized by the Town Board as hereinafter provided. D. Application The Town Board may issue a permit to use premises for public assembly purposes upon the written application made by the person who proposes to maintain, conduct, promote or operate such public assembly use or participate therein, together with the owner, lessor or licensor who proposes to rent, lease, 'license or otherwise permit the use of premises for such use, all hereinafter designated as applicant. E. Application Procedure (1) The applicant shall file a verified application with the town clerk at least thirty (30) days prior to the date or dates upon which such public assembly use is 'to.take place, together with the permit fee in the sum of ten ($10.) dollars. (2) The Application shall state: (a) The names and addresses of all of the applicants (b) The location, size and facilities located on the property. intended to be used for the public assembly event. (c) The number of persons expected to attend. such. event. (d) The date or dates and hours during which the event'will be held. 9 0 JULY 29, 1986 (e) The means of accommodating the persons attending such event with respect to: (1) ' Food (ii)'' Shelter NO— Facilities for toilet and other personal sanitary needs for men and women. (iv) Emergency first aid. (v) Parking of cars, showing the means of ingress, egress and parking areas. (vi) Provision for public safety, guards or special police to assist in the control of traffic and the supervision of persons attending the event. F. Issuance of Permit The Town Board, after considering the application and after causing due investigation and report to.it,: and after considering the facts and circumstances in the matter; may authorize the Town Clerk to issue a permit upon such terms and conditions as it deems necessary and proper to ensure the public health, safety and welfare. Upon the issuance of a permit,'-the Town Clerk shall cause a copy thereof to be transmitted to the Chief of Police of the Town Police Department. G. Bond The applicant shall post a bond suitable to the Town Board as to amount and surety, or a cash deposit in lieu of a bond, to ensure the cleanup - and restoration of the premises upon which such event takes place within forty-eight (48) hours after the close of the event. ` H. Waiver The Town Board shall have the right, in the exercise of its discretion, to waive one or more of the requirements or provisions of this section, upon application to it by the applicant„ if the Town Board determines by resolution that such waiver will not;adversely affect the public health, safety or welfare. Ill. This Local Law shall take effect upon its filing with the Secretary of State. 35.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 36 is to authorize the Town Clerk to submit to the Southold Town Planning Board and Suffolk County Planning Board a motion to change zone. . 36. Moved by Councilman Schondebare, seconded by Supervisor Murphy, WHEREAS, the Town Board, pursuant to Section 100-150A of the Southold Town Code, on its own motion, proposes to change the zoning classification from "M" Light Multiple Residence District to "A" Residential and Agricultural District on the real property located at the southeasterly corner of County Route 48 and Moores Lane, Greenport, comprising 49 acres, more or less of land, and shown on the Suffolk County Tax Map as District 1000, Section 040, Block 5, Lot 1, said premises being more particularly bounded and described as follows, to wit: BEGINNING at the point of interesection of the easterly line of Moore's Lane with the southerly line of Middle Road (County Road 48)', said point being the north- westerly corner of the premises herein described; running thence along said south- erly line of Middle Road three courses: (1) North 66 degrees, 09 minutes, 10 seconds East 96.61 feet; thence (2) North 69 degrees, 02 minutes, 10 seconds East 985. 10 feet; thence (3) North 71 degrees 28 minutes 20 seconds East 312.64 feet to the westerly line of a subdivision known as "Fleetfield"; thence along said westerly line of "Fleetfield", South 16 degrees 01 minutes 50 seconds East 1450. 11 feet to land of Village of Greenport; thence along said land of Village of Greenport, two courses: (1) South 58 degrees, 15 minutes 00 seconds West 714.04 feet; thence (2) South 74 degrees, 45 minutes 00 seconds West 670.00 feet to said- easterly line of Moore's Lane; thence along said easterly line of Moore's Lane, North 17 degrees, 15 minutes, 00 seconds West 1523.22 feet. to the point of BEGINNING. Containing 48.7186 acres. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: JULY 29, 1986 9 1 1. That pursuant to . the provisions of Section 100-150B of the Southold Town Code the Town Clerk be and she. hereby is directed to transmit a certified copy of this resolution to the Southold Town Planning Board, together with instructions to said board to prepare an official report together with its recommendations, all pursuant to said Code. 2. That the Town Clerk is hereby directed to transmit a certified copy of this resolution to the Suffolk County Planning Commission, together with such maps, documents and information as it may require, and request said Commission to make written recommendations with respect thereto pursuant to the provisions of the Suffolk County Charter. SUPERVISOR MURPHY: Any questions? COUNCILMAN SCHONDEBARE: Yes, I'd like to make a statement. The purpose of my doing this, and basically I introduced the resolution--it's been something I've been wanting to do for the last couple of months ever since were were advised by the owner of the premises that they're under a lot of pressure because the parcel is zoned "M" for condominiums to be developed on that property. We were told that the Town had not moved forward with regards to affordable housing. The Town had in fact passed an Affordable Housing Act, and to date no one has come forward with any proposal with regards to affordable housing on this property. The idea of the change of zone to an I'M" was at the request of Mr. Costello, who indicated to us that he would have affordable housing on these premises. At that time I remember the Supervisor asked for guarantees that they would, in fact, occur before the zone change was made and we declined to accept his recommenda- tion and we made the zone "change. It would appear that an "M" zone is still not goi.ng to be Affordable Housing zone. We have an AH zone on,our books which is the! Affordable .Housing Zone. So whether or not the property is Agricul.tural- Residential' two acre zoning, or whether it's "M" as it presently is, the zone change is still going to be required in order to have our Affordable Housing Zone, unless someone's under the impression. that our Affordable Housing Zone, or affordable housing can be modified and changed. This Town Board, together with the Planning Board, together with the Housing Advisory Committee, spent long, long hours and many, many days coming up with an Affordable Housing Code. We finally agreed on it and implemented it 'and it's specifically tailored' for this piece of property. And this is the code upon which the application should be made. So_L see no reason to have this as an "M" zone at the present time. You still ' would have to make the change of zone. The only thing it allows .at the present time is multiple residences and condominiums, and 1 think what we should do is change this back to an Agricultural-Residential and then when the affordable housing proposal comes in'we can make the change of zone under the new Affordable Housing District. It still has to be a change of zone one way or the other, but I think this will take the pressure off the developer: Also I feel that it's in the best interest for the Town and the best interest of the welfare of the people within the Town that this property revert to two acre zoning. SUPERVISOR MURPHY: Couldn't agree with you more. Any other comments? COUNCILMAN PENNY: 1'd like to make a comment. Number one, the AH Zone of which the Councilman speaks is not available yet for anybody that applied for it, because it's part of our Master Plan, which we haven't---- COUNCILMAN SCHONDEBARE: No, iit's in our zoning now. COUNCILMAN PENNY: That's right. I'm sorry. I'm off base on that one. I've spoken in the last-,,day or two to the people that are selling the property and they have reassured me that there will be affordable housing on this property. They have requested that they bring in the new purchasers---the property hasn't trans- ferred to my knowledge---it's only gone into contract at this time. As a matter of fact they just recently went into contract--probably within a week--and they would like to bring the people in to the Town Board to let their intentions .be known, and agree with them that this is a worthwhile approach, and that we let this be heard so that we get this from the people and not from the hearsay gossip that's running around Town. SUPERVISOR MURPHY: Why not bring it back to where it started from? COUNCILMAN SCHONDEBARE: That still goes back to what I said. It doesn't matter whether it's an "M" or an "A" Residential. You still have to go for a zone change for affordable housing. It doesn't matter. So why leave it as an "M" hanging out there all this time? COUNCILMAN PENNY: Why would they apply for something when they just went into contract? COUNCILMAN SCHONDEBARE: They obviously want an "M" zone, don't they? COUNCILMAN PENNY: I don't know what they want. COUNCILMAN SCHONDEBARE: Here comes the condos. 92 JULY 29, 1986 SUPERVISOR MURPHY: Any other comments? COUNCILWOMAN COCHRAN: Yes, I would also like to add to what George has said. I think we're jumping the gun. We placed a great deal of faith in John Costello and the project that he brought to this community, and I feel that there is still a great need for moderate income housing and I would like to give the new owners the opportunity to at least come in to the Town Board and perhaps share with us their intent. I've weighed what Jay has to say, because he said it earlier in the day and I've been thinking about it, and I weighed it against the need for moderate income housing and I cannot support this at this time. think that the least we could do is give two weeks time. COUNCILMAN. SCHONDEBARE: 1 still fall back to what I said before, Jean. What does it matter? You still have to make the zone change to an AH. COUNCILWOMAN COCHRAN: Sorry, I don't agree. SUPERVISOR MURPHY: I don't think anyona is questioning John's motivations or anything. COUNCILWOMAN COCHRAN : I'm not questioning that, Frank. SUPERVISOR MURPHY: No, I said anybody 'else. COUNCILWOMAN COCHRAN: But I think I'll Just keep the faith -a little bit longer. ' SUPERVISOR MURPHY: Yes. Okay. Any other comments? (No response.) 36.-Vote of the Town Board: Ayes: Counrilma:n Schondeba:re, Supervisor Murphy. Noes: Councilman Penny, Councilwoman Cmth-iron, Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on agenda. At this time I would like to ask any Town Board members if they have anything else to say? Ray? JUSTICE EDWARDS: Well, the only comment that 1 have is that I followed John Costello right from the beginning .with :his ;p,rzOject and '.I':m going to stick around a little longer. I think it's! Southold Tow:.n1s ccl�nce to :have. some affordable housing. SUPERVISOR MURPHY: Jean? COUNCILWOMAN COCHRAN: Just dike to aW -,there's :more to be lost than gained. Two weeks isn't too much. TOWN CLERK TERRY: is this supposed to go back on in two weeks? Is that what you're asking for? COUNCILWOMAN COCHRAN: Pm raskigg ttwo %weeks for tfhe new owners to at least some some intent. SUPERVISOR MURPHY: Okay. Jay., any zamments? COUNCILMAN SCHONDEBARE: No. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, I'd 4-Rce 'to g& !b' aek -to that Executive,,Session because our! contract is going to expire with -.the Ami:mi-al .Welfare .League ancL!d think that if we could finish that up we could 'ha-ve ?the a=tract in place. 'n'm going to be aw: but, before the next meeting. SUPERVISOR MURPHY: We could meet :r. gh:t :after, rather than chase everybody else. Let them comment. We could meet right :after. We could recess or we could meet after and put it on the agenda for 'Fishers Island. COUNCILMAN PENNY: That would be fine. I'm just asking that we address it tonight, because the contract expires on the '31st of July. SUPERVISOR MURPHY: All right, if anyone else in the audience would like to make any comments to the Town Board, now is the time. John? JOHN COSTELLO: I'd like to thank the .Board for their confidence again. Just last week--you know, we have an application with Greenport for water, sewer and electricity on this property. The Utility Committee, as of last week, recommender going into negotiations. Before that the Planning Board probably wouldn't even JULY 29, 1986 93 entertain a site plan. They're going to enter into negotiations now. I did not want to submit a site plan for anyone else, .any developer to be stuck with. I'm a dock builder. I'd have had docks all over that property. Now they're going to put houses on it. The dollars--the reason I haven't been screaming about the Affordable Housing Law or putting my input into it, I don't know what it costs to build a square foot of house when you're building a hundred or when you're building fifty. They do. You can also check with Mr. McMahon. I've had my men the last couple of weeks put their names on a list hopefully being able to get top of the list on any affordable housing or moderate income housing in Southold Town. If that's the way its selected I want them on there first. I also put Costello Marine Contracting on that list because I do need employees. I hope it doesn't just pertain to individuals. l think this is a problem we can all discuss. I. have to get a developer to build houses. 1 think I have the best one for Southold Town. The best one for the people in that area, and I'm very content with them. 1 would like to know if the Board would put us on some session in the afternoon to discuss any of these questions that they might have on any of their hesitancies on this project. I'll know more about dollars and what it costs to build. them and we're willing to talk to you. Thank you. SUPERVISOR MURPHY: John, if you'd like to have you and your other people come to the next work session, call my office and we're schedule you. JOHN COSTELLO: I would appreciate that. Thank you. SUPERVISOR MURPHY: Sure. Any other comments from anyone in the audience? Yes, ma'am? DIANE CARROLL: Good evening everybody. May name is Diane Carroll. I hope I'll be building out here along with Donald Bracken. Mr. Bracken has built homes for thirty-five years in Nassau and Suffolk Counties, and I've been building with him for the last seven or eight years. John Costello is not going to be let down and Southold Township won't be let down either. We will be bringing in moderate price homes here, regardless of the "M" zone. The probably will be town houses, but there will' be moderate priced homes here, and don't anybody feel that-there won't. I'm so glad that the resolution did not pass, for John's sake„ and -1 look forward to meeting you all again and we will come before you naturally as quickly as we can with our plans, and that's all 1 can say. - COUNCILMAN SCHONDEBARE: Can I assume that'your plans are in accordance withour Affordable Housing Zone? DIANE CARROLL: You can't assume anything. I will discuss it. My partner and will discuss it. COUNCILMAN SCHONDEBARE: That's my problem. DIANE CARROLL: What?, \ f I I COUNCILMAN SCHONDEBARE: That's my fear. Do you know what our Affordable Housing Zone is? DIANE CARROLL: Don't have any fear. Don't have any fear. Don't jump the gun, and it's right that you didn't pass the resolution tonight. It was jumping the gun. Something that can always be done in the future. And there won't be a need for it. Good night. SUPERVISOR MURPHY: Thank you. Is there anyone else here would like to speak? Jim? JAMES BITSES: Very briefly, ladies and gentlemen, I want to congratulate you for passing the resolution that will put SEACOM before the public. It's in the highest traditions of democratic government, and again I want to congratulate you all. Thank you., COUNCILMAN SCHONDEBARE: Mr. Bitses, let me just say that if anyone needs congratulations it is you. I believe you were the first one to come marching in here. You were the first one to make a presentation, and I think we ought to give you a thank you also. JAMES BITSES: Robert Webb---- COUNCILMAN SCHONDEBARE: Mr. Webb followed---- SUPERVISOR MURPHY: We thank the both of you. ROBERT WEBB: I feel like I should have a parking space out here. For over a year now we've appeared in work sessions. We've disagreed and we've agreed, and this is only the first step and hopefully it will work out in the future. And of course in the long run it's what we all want, it's lower rates so that businesses 94 JULY 29, 1986 can continue to work in Southold Town and prosper and the people can live here comfortably. Senior Citizens won't have to give all of their income to the electric company, and that's basically what we're all after. So hopefully this will be the beginning of it. Thank you very much again. SUPERVISOR MURPHY: Thank you, sir. Thank you for your comments. Anyone else like to comment? (No response.) If not I would like to entertain a motion to . adjourn, and thank everyone for coming here tonight. COUNCILMAN PENNY: What about a recess? SUPERVISOR MURPHY: Oh, I'm. sorry, to recess. We have to go into Executive Session, so you're going to have to leave. The only resolution that will be passed after will be probably approving the Dog Contract for the next two years. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that this meeting be and hereby is recessed at 8:40 P.M. for an Executive Session. : i .;i, Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. EXECUTIVE SESSION 8:41 .P-.M. - The Board discussed the terms and conditions of the proposed agree- ment__with the North Fork Animal Welfare League, Inc. for the Dog Pound services. 8:45 P.M. - Regular Meeting reconvened. 37. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the Town and the North Fork Animal Welfare League, Inc. whereby the League, under Section 114 and 115 of the Agricultural and Markets Law shall provide dog officer services and dog pound services for the period of August 1, 1986: through July 31, 1988; at the contract sum of $61,084.50 for the period of August 1, 1986 through July 31, 1987, and the sum of $66,084.50 for the period of August 1, 1987 through July 31, 1988. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. On motion of Supervisor Murphy, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:47 P.M. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. a Judith T. Terry �- -Southold Town Clerk