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HomeMy WebLinkAboutTB-04/30/1996 333 SOUTHOLD TOWN BOARD APRI L 30, 1996 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,, Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9 :20 A.M. - Senior Building Inspector Thomas Fisher met with the Town Board to request an additional employee to assist his department in making copies of Certificates of Occupancy. Since the reduction in cost from $20.00 to 25G there has been an increase -in demand. Mr. Fisher would also like this employee to assist in putting files in order, and entering information on -the computer. The Board asked Mr. Fisher to produce data to substantiate his request, and they will consider his request for additional help. EXECUTIVE SESSION 9 :30 A.M. - On motion of Councilwoman Hussie, seconded by Justice Evans, it was Resolved that the Town Board enter . into Executive Session to meet with Special Counsel Jonathan L. Rosner on the matter of the Village of Greenport v. the Town of Southold. Vote of the Board: Ayes: Supervisor' Cochran, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. 10: 10 A.M. - The Town Board continued in Executive Session, and met with (1 ) Special Counsel Frank Yakaboski to discuss. the Town of Southold v. Cross Sound Ferry litigation; (2) Vito Competiello, Labor Management Associates, to discuss the CSEA negotiations; (3) Telephone call meeting with Special Counsel Peter Bee to discuss the Erick Heinz litigation; (4) Senior Accountant John Cushman to discuss a personnel matter; (5) Town Attorney Dowd to discuss Cablevision Franchise negotiations, and personnel matters. 1 :00 P.M. - Recess for lunch. 2 :05 P.M. - Work Session reconvened, and the Town Board addressed the following items for discussion: Authorized Senior Accountant: John Cushman to request a Civil Service list for Clerk Typist for a provisional appointee to replace Claire Toy while she is on maternity leave.----Approved Abatelli Realty to conduct appraisals of Town Hall and the North Fork Bank building on Youngs; Avenue (resolution 25) .----Set the amounts of 1996 grants to be awarded to Retreat, Inc. (resolution 26) , North Fork Parish Outreach (resolution 27), and North Fork Women Resource Center for the COOL Project Spring 196. (resolution 28) .----Agreed not to appoint Bay Constables or PSD's as Seasonal Police Officers.----Senior Accountant Cushman met with the Town Board to discuss two possible new positions for the Data Processing Department, Computer Programming Supervisor and Data Processing Equipment Operator. The Board recently interviewed candidates for the Computer Programming Supervisor and agreed to create the position and set a salary (resolution 34) . They will now post the position in accordance with the CSEA contract, and recanvass the list and interview the candidates. Interviews were also held for the position of Data Control Supervisor.----Discussion on the question of a possible Retirement Incentive Program, being made available this year by the NYSE Retirement System. , Supervisor Cochran said there are at least four employees interested in the program. She will discuss it with Senior Accountant Cushman, and report back to the Board at the next 3.34 APRI L 30, 1996 meeting----Executive Assistant James McMahon met with the Town Board to discuss upcoming projects to be funded by Park & Playground Funds. The first project, acceptance of a bid for the construction of a floating dock at the New Suffolk Boat Ramp, was placed on the agenda for a resolution (29) , along with a budget modification (resolution 30) to allocate funds for park and beach improvements. Supervisor Cochran and Mr. "McMahon explained' to the Board the proposal for construction of a building at Southold ' Town Beach, which' will:be large enough for the beach attendant, and to"provide space as a mini tourist information center. The building is to be built by volunteers from the Mattituck and Greenport-Southold Chambers of Commerce.----Justice Evans reported on the resumption of the Fishers Island Metal Dump excavation.----The Board discussed the proposed increase in the senior citizen exemption to a $25,900 maximum income. .They agreed to go forward with the proposal, and Town Attorney Dowd will draft a Local Law for consideration at the May 14th meeting.----Resolutions were placed on the agenda to appoint Frank A. Field to the Transportation Committee (31 ) , and Donald E. Richert as a Court Officer (32) .----Supervisor Cochran submitted a report from Simplex Time Recorder Co. with regard to their inspection of the fire alarm system at Town Hall. Certain recommendations were made, but it did not include an estimate of-cost. This, will be requested, and then brought back to the Board:----A proposed "Local Law in Relation to Fire Equipment Access" was placed on the agenda (resolution 33) for referral to the Town and County Planning Departments.----A letter from the "67 Steps" Task Force concerning what they consider the seriously deteriorating conditions at the "67 Steps" and along Sound Road, Greenport. The- letter refers to drugs, litter, vandalism, illegal parking, harrassment, and alcohol consumption. Supervisor Cochran said that in addition to stricter- police enforcement at the site, she would like to see a person hired for the summer months to keep the road ends free of litter. She will discuss this with Senior :Accountant Cushman and bring a proposal to the May 14th work session.----Report from Senior Accountant Cushman concerning contract payments due the Village of Greenport with regard to the Scavenger. Waste Treatment Facility.----A resolution (35) was placed on the agenda to adopt an amendment to the Town Procurement ;Policy concerning the award of a purchase or contract to someone that is not the lowest bidder.-=--Resolution 36 was placed on the agenda to award the bid for removal, transportation S disposal of scavenger waste to Don Patanjo Cesspool Service Corporation.----Letter from Save The Regina Maris, Ltd. requesting free tipping privileges at the Disposal Area, due to their not for profit status. Supervisor Cochran will respond that tipping fees may not be waived, inasmuch as the Town must pay to remove waste from the Disposal Area, and the cost is borne by all taxpayers.----Memorandum from Solid Waste Coordinator Bunchuck recommending the reduction in the- tipping fee on concrete, bricks, .and asphalt to encourage their delivery to the disposal area, in light of the DEC's position that those items may be treated as clean fill to use to contour and grade the dump in preparation for final capping. This -proposal will be referred to the Solid Waste Management Task Force.----Councilwoman Hussie discussed a proposal to purchase a shredder and, trommel screen for the Disposal Area, at a cost of approximately $290,000. The Board is in agreement with the need for this equipment, and bond counsel will be contacted to provide the necessary- bond resolution, and a resolution (37) was placed on the agenda to authorize the Town Clerk to advertise for bids for the trommel screen and shredder once- the specifications have been prepared. 5:00 P.M. - Town Board reviewed the resolutions ;to be voted on at the 7:30 P.M. Regular Meeting. While doing this the Board added three resolutions : Appointment of Robert A. McCaffery as a part-time Gate Attendant (38) , authorize Town Clerk to advertise • for part-time Gate Attendants (39) , ;and appoint Robert A. McCaffery as a part-time Laborer at the Scavenger Waste Plant (40) . 5 : 15 P.M. - Work Session adjourned. 335 REGULAR MEETING A Regular Meeting f the Southold Town Board was held on April 30, 1996, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: May I have a motion for the approval for the audit of bills? Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the following bills be and hereby ordered, paid: General Fund Whole Town bills in the amount of $51,029.59; General Fund Part Town bills in the amount of $359.22; Community Development Fund bills in the amount of $4,179.60; Highway Fund Whole Town bills in the amount of - $4;219.97; , Highway Fund Part Town bills in the amount of 413,344.06; Employee Health Benefit Plan :bills in the amount of $27,838.64; Fishers Island Ferry District bills in the amount of $8,186.94; Refuse & Garbage District bills in the amount of $39,124.96; Southold Wastewater District bills in the amount of $39,124.96; Southold Agency & Trust bills in the amount of $3,563.05; Fishers Island Ferry District bills in the amount of $658.63. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of minutes of April 16th. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the minutes of the April 16, 1996, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: And setting the date' for the next Town Board meeting. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the next regular meeting of ;the Southold Town Board will be held at 4:30 P.M., Tuesday, May 14, 1996,at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend,' Councilwoman Hussie, . Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: As you can see by ,the agenda, we have two public hearings. scheduled for tonight, the first one at 8:00 P.M. , which is a Local Law in Relation to Certificates of Occupancy, and at 8:02 a hearing on a Local Law in Relation to Firewells. So, we will be stopping promptly at 8:00 o'clock to conduct this' business. 336 APRI L 30, 1996 I . REPORTS. SUPERVISOR COCHRAN: As per the agenda, the reports that are placed on file, monthly reports from the different departments, they are on file in the Town Clerk's Office. They are for your pleasure, and your viewing, if you so desire. They may be obtained from the Town Clerk's Office. 1 . Southold Town Planning Board Monthly Report for March, 1996. 2. Southold Town Police Department Monthly Report for March, 1996. 3. Southold Town Executive Summary 1995 Budget as of December 31, 1995. 4. Southold Town Community Development Monthly Report for March, 1996. 5. North Fork Animal League Shelter Report for March, 1996. II . PUBLIC NOTICES. SUPERVISOR COCHRAN: In relation to Public Notices, and Communications that come through the Supervisor's Office, I feel they should be a part of the Town Board minutes, so they are also listed'. 1 . New York State Department of Transportation Notice of Order to extend the current No Stopping Anytime along I Route 25 east of Oaklawn Avenue. Ill . COMMUNICATIONS. 1 . Felix J . Grucci, Jr., Supervisor of Brookhaven Town's letter to Legislator Blydenburgh in opposition to resolution requiring Towns to pay 100 of the cost of large County dredging projects. 2. Patrick Cullen, of New York City, expressing his concern over the problems in the Southold 7-11 area. 3. Cutchogue Free Library Board of Trustees extending thanks to Raymond Jacobs, Superintendent of Highways, and his workers for all the help provided to the library during the snowy winter. IV. PUBLIC HEARINGS. 1 . 8:00 P.M., on a proposed "Local Law in Relation to Certificate of Occupancy". 2. - 8:02 P.M., on a proposed "Local Law.. in Relation Fire Wells.". V. RESOLUTIONS SUPERVISOR COCHRAN: As you know the Town Board has a policy in relation to speaking to the resolutions that are on the agenda. You are given the opportunity at the time to address the Board in relation to the resolutions on the agenda. If you have something else that you would like to share with the Town Board, another topic, we allow time, or we provide time, at the end of the meeting for you to express yourself to the Board. So, at this time, I ask if there's anyone here that would like to address the Board in relation to the resolutions on the. agenda? (No response. ) Do , I have any over here? (No- reponse. ) In the middle? (No response. Hearing .none, we will continue with resolutions. 1 .- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of JC Sommers Associates Inc. , Vernon, Connecticut, to perform the necessary field work and office computations necessary for the preparation of the Fishers Island Sewer District Discharge Monitoring Report due by May, 1996 for the New York State Department of Environmental Conservation and the Suffolk County Department of Health Services, at an upset fee limit of $2,400.00. 1 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman liva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. i APRI L 30, 1996 337 2 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold Hereby appoints James Bunchuck to the position of Solid Waste Coordinator, from the. Suffolk County Department of civil Service Certification - of Eligibles, effective immediately, at a salary of $ii8,021 .69 per annum. 2 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend„ Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3 .-Moved by Councilwoman Oliva, seconded by Councilman Moore, WHEREAS, there has been presented to the Town Board of . the Town of Southold, on the 30th day of April, 1996, a Local law entitled, "A Local Law in Relation to Public Access to Records"; now, therefore, be it RESOLVED . that the Town Board hereby sets .5:00 P.M. , Tuesday, May 14, 1996, Southold Town Nall, 53095 Main Road, Southold, New York, as tirne and place for a public hearing on this °Local Law, which reads as follows: A Local Law in Relation to Public Access to Records. I . Chapter 73 (Records, Public Access To) of the Code of the Town of Southold is hereby amended as follows! 1 . Section 73-2(A)(7) of the Code of the Town of Southold is hereby Imended by adding the following: (d) external audits, including but not- limited to audits performed by the comptroller and the federal government. 2. Section .73-2(A) (9) of the Code of tiie Town of Southold is hereby amended by adding the following : 9. Are computer access codes. 3. Section 73-8(C) of the Code of the Town of Southold is hereby amended to read as follows : If a town agency fails to respond to a request within five (5) business days of receipt of a request as required in Section 22-61)- 73-6 hereof such failure shall be deemed a denial of access by the agency. ' 4. Section 73-8(G) of the Code of the Town of Southold is hereby amended to read as follows : The Town Board or the person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing within -3eYen- E70 ten 10 business days of receipt of an, appeal . The determination shall be transmitted, to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section. I l . This Local Law shall take effect upon filing with the Secretary of State. * Underline bond represents additions. ** Overstrike represents deletions. COUNCILWOMAN OLIVA: Laury could probably correct me if I'm wrong, but these are cleaning up our ordinances to meet the Federal and State ordinances on access to public records. Am I correct? TOWN ATTORNEY DOWD: That's right. 3.-Vote of the 'Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 338 APRI L 30, 1996 4•- Moved Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 30th day of April, 1996, a Local Law entitled, "A Local Law Amending Parking at Beaches"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:02 P.M. , Tuesday, May 14, 1996, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law Amending Parking at Beaches I . Chapter 65 (Parking at Beaches) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 65-2(B) (17) is amended as follows: (17) Lighthouse Road, Long Island Sound, Southold,, on ea-st side both sides from the terminus south for a distance of six hundred fifty (650) feet. II . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. Strikeout represents deletions. 4.-Vote: of the Town ' Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 30th day of April, 1996, a Local Law entitled, "A Local Law in Relation, to Lighthouse Road"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:05 P.M., Tuesday, May 14, 1996, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Lighthouse Road I . Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 92-41 (Parking prohibited at all times) is amended by adding the following: Soundview Avenue Both From terminus at Extension Sides Lighthouse Road easterly ;for a distance ;of 300 feet 2. Section 92-42 (Parking prohibited during certain hours) is amended as follows: A. the parking of vehicles is hereby prohibited between the hours indicated in any of the following, locations: Lighthouse Road Both 49-00 jrnr- In Sunset and Southold 6:00 a.m. from the guardrail at the northerly terminus southerly for a distance of 200 feet South Avenue . Both 40-A8 p:nr.- In (67 Steps) Sunset and Greenport from 6:00 a.m. the guardrail at the northerly terminus to Sound Drive APRI L 30, 1996 3. Section 92-43 (Parking prohibited for a limited time only) is amended .by deletin the following- Lighthouse West 6:00 am. 2 hrs At Southold, Road and 10:00 parking area for p.m. Southold Park District Museum from the terminus south for a distance of 300 feet 11 . This Local Law shall tape effect upon filing ;with the Secretary of State. * Underline represents additions. Strikeout represents deletions. 5.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.- Moved by Councilwoman Oliva, seconded -by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Executive Assistant James McMahon to' submit a grant application to the New York State Department of State, Environmental Protection Fund, Local Waterfront Revitalization Program .Grant, to implement plans for natural resources, restoration and protection projects at pre-selected locations throughout Southold Town. COUNCILWOMAN OLIVA: This grant will help to provide money for the restoration and the improvement of road ends, for drainage purposes, for habitat reasons, and we have gotten the money, to plan these things, and Jim has about fifteen, twenty sites around town, and now the money has become available through the State to implement these plans, so we're hopeful of getting �some of the money. 6.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend', Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7.- Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Finance Lease Agreement with GE Capital Modular Space for the lease/purchase of the trailer of the Southold Town Scavenger Waste Treatment Facility, at a cost of $221 .00 per month for 24 months, with a. $1 .00 buy out; said agreement all in accordance with the approval of the Town Attorney. 7.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, ' Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. B.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the , Town of Southold hereby authorizes and . directs Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and Chief of Police Stanley Droskoski to provide for his terms and conditions of employment until May 31, 1996. 8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 340 APRIL 30, 1996 9.-Moved -by Councilwoman Oliva, seconded by Justice Evans, WHEREAS, there has been presented to the Town ,Board of the Town of Southold, on the 30th day of April, 1996, a Local Law entitled, "A Local Law to Require Parking Permits Year Round"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:071! P.M. , Tuesday, May 14, 1996, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on this Local; Law, which reads as follows: A Local Law to Require Parking Permits Year Round I . Chapter 65 (Parking at Beaches) of the Code of, the Town of Southold is hereby amended as follows: 1 . Section 65.2 (D) Is amended as follows!- D. A town parking permit shall be required at all times for parking in the areas designated by Subsections B & C above. i D-.- A- beach- permit i ha+l- 'be--r.tgtm r-d-it a H tunes bet7+reerr talay- 15 an& e,&_r TeT- i5 or each-year--r'r oe�ch per-nii �ha+i- net b•e-required-at at-her times of the y�r E. A town parking permit shall be required only between Memorial Day and Labor Day of each year in the areas designated by Subsection A above. F. Failure to have or to properly disdlay a town parking permit shall be a violation of this code. 11 . This Local Law shall take effect upon filing ,with; the Secretary of State * Additions .in underline Deletions in overstrike. 9.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Justice Evans, seconded by Councilwoman Flussie, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the Stipulation of Settlement, dated April 25, 1996, in a Section 75 disciplinary hearing. 10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .-Moved by Councilwoman Hussie, seconded, by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town ' Clerk to advertise for resumes for Lifeguards at $7.42 per hour, Water Safety Instructors at $12.00 per hour, and Playground Instructors at $8.,00 per hour. , 11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town. Board of the Town ! of Southold hereby authorizes and directs the Town Clerk to readvertise for resumes for one member of the Board of Ethics, for a three year term, effective May 2, 1996 through December 31, 1999. 12.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend„ Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ! i APRI L 30, 1996 341 13.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal • of Rehn E Fore, Certified Public Accountants, dated April 25, 1996, to audit the Statement of Expenses as prepared by the Village of Greenport for the Southold Wastewater Disposal District for the year ended December 31, 1995, at a fee not to exceed', $2,500.00. 13 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman-,_,,;Townsend, Councilwoman Hussie, Supervisor Cochran. ._ ' . This resolution was duly ADOPTED. 3 14.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Rehn & Fore, Certified Public Accountants, dated April 25, 1996, to audit the Statement of Expenses as prepared by the Village of Greenport for the Southold Wastewater Disposal District for the three months ended March 31, 1996, at a fee not to exceed $1,000.00. 14.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend,; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 15.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 33, adopted on April 16, 1996, terminating Scale Operator Robert A. McCaffery effective April 24, 1996, to change the effective date to April 27, 1996. ` 15 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Justice Evans, , seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town' of Southold hereby sets the following salary scale for Neighborhood Aide, effective January 10, 1995: Entry Level $19,900.00 Step 1 $20,620.00 Step 2 $.21,090.00 Step 3 $21,563.60 Step 4 $23,072.00 Step 5 $24,687.00 16.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17 .-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby proclaims May 5-11 as Water Week. This year's Water Week theme is New York Watersheds. 17.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, Fairway Farms Association, Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Cutchogue, New York, known as Fairway Drive, Tee Lane, Wood Way, Path Way, Green Way, and Case's Lane Extension, as designated on a certain map entitled, "Map of Fairway Farms, Cutchogue, Town of Southold, Suff. Co., N.Y.", filed in the Office of the Clerk of the County of Suffolk on February. 15, 1974 as Map Number 6066; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it 342 APRI L 30, 1996 RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways,- to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk' of the County of Suffolk, New York. 18.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute, on behalf of the Southold Town Recreation Department, an Application for use of School Facilities to the Greenport Public Schools, for the use of the gymnasium on May 6, 13, 20, 27, 1996, for practice 1 by the Greenport Girl's Basketball Team, for the upcoming memorial scholarship benefit to honor Curtisha Morning, to be held at 7:30 P.M. , Saturday, June 1, 1996, at Riverhead High School. 19.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MENDED Npvember ,j2, 1996 by ResQlutio #34 20.-Move by Councilwoman ussie, seconded by 8ouncilman Moore, it was RESOLVED that the Town Board of the Town !of Southold hereby grants Claire Toy a Maternity Leave-of-Absence from her position as Clerk Typist for the Building Department Department, effective July 9, 1996 through December 2, .1996. 20 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 21 .- Moved by Councilman Moore, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town iof Southold hereby waives the Disposal Area Tipping Fee for Greenport Village's Earth Day clean-up. 21 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 22 .- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Finance Lease Agreement with GE Capital Modular Space for the lease/purchase of the Dog Pound trailer, at a cost of $228.00 per! month for 24 months, with a $1 .00 buy out; said agreement all in accordance with the approval of the Town Attorney. 22.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman , Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 23.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Deputy Emergency Preparedness Coordinator John Raynor to attend the 1996 Long Island Emergency Management Conference on June 5-6, 1996, at Hauppauge, New York, and the use of Town vehicle for travel shall ,be a legal charge to the 1996 Budget. SUPERVISOR COCHRAN: He presented it last year, so he's invited free this year, and it's an excellent conference. APRI L 30, 1996 1343. 23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant Kevin Lynch to attend a two-day seminar for Law Enforcement Officers, on the subject of Internal Affairs Investigation, at Wayne, New Jersey, on May 16-17, 1996, and the necessary expenses for lodging, meals, travel, and registration shall be a legal charge to the Police Department's 1996 Budget. 24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman . Oliva, Councilman Townsend, Councilwoman Hussie. Abstain: Supervisor Cochran. This resolution was duly ADOPTED. 25.-Moved by Councilwoman Oliva, ' seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Abatelli Realty to conduct an appraisal of the Southold Town Hall at a fee of $600.00, and the North Fork Bank Building on Youngs Avenue at a fee of $1,000.00. 25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva,, Councilman Townsend,, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 26.-Moved by Councilwoman . Hussie, seconded by ! Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $1,000.00 to the Retreat, Inc. under the Southold Town 1996 Grants Program. 26.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No: Justice Evans, Councilwoman Hussie. This resolution was duly ADOPTED. 27.-Moved by Councilwoman . Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $1,000.00 to. the North Fork Parish Outreach under -the Southold Town 1996 Grants Program. 27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $2,500..00 to North Fork Women's Resource Center (COOL Project Spring 196) under the Southold Town 1996 Grants Program. 28 .-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No: Justice Evans, Councilwoman Hussie. This resolution was duly ADOPTED. 29.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Kerry Heaney, in the arnount of ;$6, 100.00, to construct a floating dock at the New Suffolk Boat Ramp, all in accordance with the plans and specifications of the Southold Town Engineering Department. 29•-Vote of the Town . Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 344 APRI L 30, 1996 30.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund Whole Town 1996 Budget to appropriate Park E Playground funds for the purchase of items for park and beach facilities. To: Revenues:' A2025.00 Special Recreation Facilities $ 13,500.00 Appropriations: A7110.2.500.325 Park E Beach Facilities Sporting Equipment $ 200.00 A7110.2.500.350 Park E Beach Facilities Beach Improvements 7,200.00 A7110.2.500.375 Park & Beach Facilities ; Boat Ramp Improvements 8, 100.00 COUNCILWOMAN OLIVA: This is for a floating dock down at New Suffolk, or a new building, which will be an information center-, and a new booth for the beach attendants up here at Town Beach, for replanting a Town Beach, flowers that were so admired last year, and some additional signs for some other beaches. SUPERVISOR COCHRAN: May I just add to that, that where you see Park and Playground funds, , these are not monies ,that come out of the tax revenues. As you know in Southold Town, iif there is a subdivision developed, and in lieu of putting a park and playground in that division, the developer has the opportunity to supplement with ' funds, and this is the park ' and, playground funds. We use ; this just for recreation throughout the Township, and these things have been recommended and supported by the Recreation Committee, and they will be coming out of the Park and Playground Fund. Thank you. 30.-Vote - of the- Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was, duly ADOPTED. 31 .-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of, Southold hereby appoints Frank A. Field a member of the Southold Town Transportation Committee, effective immediately through April 5, 1998, he to serve in said position without compensation. 31 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 32.-Moved by Councilman Moore, seconded by Justice Evans,; it was RESOLVED that the Town Board of the Town of:' Southold hereby appoints Donald E. Richert as a Court Officer, effective immediately, at a salary of $8.60 per hour. 32 .-Vote of the Town Board: Ayes: Councilman Moore', Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 33.-Moved by Councilwoman Oliva, seconded by Councilwornar� Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 30th day of April, 1996, a Local Law !entitled, "A Local Law in Relation to Fire .Equipment Access"; now; thereforje, be it RESOLVED that this Local Law be transmitted to the Southold Town Planning Board and Suffolk County Department of I Planning, all in accordance with the Southold and Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. This Local Law reads as follows: I i I • i i i APRI L 30, 1996 345 A Local Law in Relation to Fire Equipment Access I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-235(C) is amended as follows: (C) All lots improved with a building or structure must ensure that access is at least fifteen feet in width and at least fifteen (15) feet in, height, subject to approval by the Building Inspector! for residential structures. f E 3= Fire iaY -3 tandards- For a H-Ivts- im prv-red- with a buiidirx3 or atructare are a9 FoNoays-- { � Surface-Free From-pv+.ho4es; rtjt!5 or other defeeter (2i Up- to Fifteen-{i5j feet- h-r width-an& tip- to fifteen-(45} h-Y height: adfq�ject tc.a'ppra"M-by- the 13-ui4ding Inspector for resid ential �tr-r�ctdrr_9- 11 . This Local Law shall take effect upon filing; with the Secretary of State. * Additions in bold/underlined Deletions in overstrike. COUNCILWOMAN OLIVA: We've had complaints from the Fire Commissioners, that some of these roads are impassable for the trucks, and the ambulances to be able to respond to an emergency. In fact, they took us on a tour with Alice, Jean and myself. They had the trucks all lined up with the height, and the width, so they could show us that they really do need this fifteen feet in width, and! height in order to reach some of your homes, ,and it is critical. Someone had a heart attack, and they had great difficulty getting down their road, so, it behooves everybody to try -.to get these roads cleared so they could be available for emergency access. 33.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 311.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Computer Programming Supervisor and sets the following salary scale: Entry Level $113,500.00 Step 1 $1111',705.00 Step 2 $45',537.00 Step 3 $116'.,3113.111 Step 4 $117,179.27 Step 5 $47,982.90 311 •-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 34(; APRI L 30, 1996. 35 .-Moved by Councilman Moore, seconded by Councilman Oliva, Whereas, the Southold Town Board adopted a resolution on September 6, 1994 pursuant to section lo4-b of the General Municipal Law setting forth the policies and procedures governing the procurement of goods and services which are not subject to the competitive bidding requirements of section 103 of the General Municipal Law; and Whereas, the Town Board finds and determines that thousands of dollars worth of contracts for goods.. and services are awarded by Southold Town each year; and Whereas, the Town Board further finds that the current economic downturn being experienced by the Town is adversely affecting local businesses through a reduction in business activity and related loss of employment and job opportunity ; . acid Whereas, the Town Board further finds that many of the contracts are awarded to individuals or entities that are located outside the Town of Southold and the County of Suffolk; and Whereas, the Town Board also finds and determines that the award of such contracts to individuals or entities outside the Town of Southold and the County of Suffolk, at a time when the Town is experiencing an economic downturn tends to exacerbate economic difficulties ; and Whereas, modification of the Town procurement policy will permit the Town to make purchases and award contracts for goods and services to a bidder other than the lowest responsible bidder where such other bidder maintains a principal place of business within the Town of Southold, or sells the contracted for goods which were manufactlzred within the Town of Southold, and submits a bid not exceeding ten percent (10�) more than the otherwise lowest bidder; and Whereas, modification of the Town procurement policy will permit the. Town to make purchases and award contracts for -goods and services to a bidder other than the lowest responsible bidder where such other bidder maintains a principal place of business within the County of Suffolk, or sells the contracted for goods APRI L 30, 1996 347 which were manufactured within the County of Suffolk, and submits a, bid not exceeding five percent (5$) more than the otherwise lowest bidder; Now Therefore be it Resolved that the Town of Southold hereby amends Guideline T5 of the Town procurement policy adopted on June 28 , 1994 to read as follows: The lowest responsible proposal or quote shall be awarded the purchase or public works contract. "' However, the Purchaser may award such contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the Town of Southold, or sells the contracted for supplies, material, or equipment manufactured and located within the Town of Southold, and submits a bid not exceeding ten percent (10�) more than the otherwise lowest_ responsible bidder. The Purchaser may award the purchase or contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the County of Suffolk or sells the contracted for supplies , material , or equipment manufactured and located within the County of Suffolk, and submits a bid not exceeding five percent (51) more than the lowest responsible bidder. For the purposes of this policy, the terms YLocated within the Town of SoutholdX and ](Located within the county of Suffolki shall mean having a principal place of business physically located within the geographical boundaries of. the Town or the County as applicable. In the case of an individual , partnership, association, or proprietorship, it shall, mean having an office from which at least a majority of the employees are assigned and at which at least a majority of the employees work. In the case of a corporation, it shall mean having 'its principal place of business from which the president or chief executive officer operates on a regular and consistent basis , and the address so designated on its cartificate of incorporation, located within the Town or the County, as applicable. 348 APRI L 30, 1996 35.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 36.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Don Patanjo. Cesspool Service Corp,. , Brookhaven, N .Y. , at a price of $.053 per gallon for furnishing all labor, materials, equipment, and supplies necessary to remove, ' transport and dispose of approximately 1,420,000 gallons of scavenger. waste from the Southold Scavenger Waste Treatment Facility to an approved disposal location for an eight (8) month contract period between May 1, 1996 to December 31, 1996. .- FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized and directed to execute a contract between the Town and Don Patanjo Cesspool Service Corp. to accomplish the removal, transportation and disposal of scavenger waste from the Scavenger Waste Treatment Facility, all in accordance with the approval of the Town Attorney. 36.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No: Councilwoman Hussie. This resolution was duly ADOPTED. 37 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for a trommel screen and a shredder for the Disposal Area. 37.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 38 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert A. McCaffery as a part-time Cate Attendant at the Disposal Areas, effective immediately, 17-1/2 hours per week, at a salary of $6.96 per hour. 38.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED.Moved by C 39 •-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for part-time Cate Attendants for the Disposal Area, 17-1/2 hours per week, at a salary of $6.96 per hour. 39.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 40.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board - of the Town of Southold hereby appoints Robert A. McCaffery as a part-time Laborer for the Southold Scavenger Waste Treatment Plant, effective immediately, 17-1/2 hours per week, at a salary of $13.05 per hour. 40.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman. Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution.was duly ADOPTED. SUPERVISOR COCHRAN: May I have a motion to recess for the hearing on "Local Law in Relation to C of O's? APRI L 30, 1996 349 Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that a recess be called at this time, 8:00 P.M. for the purpose of holding a public hearing. Vote of 'the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Reconvened at 8:10 P.M. 41 •- Moved by Councilwoman Oliva, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of the Town of Southold, on the- 2nd day of April, 1996, a Local Law entitled, "A Local Law in Relation to Certificates of Occupancy"; and WHEREAS, this Local Law was referred to th'e Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports; and WHEREAS, a public hearing was held on this Local Law on the 30th day of April, 1996, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 3 - 1996, which reads as follows: LOCAL LAW NO. 3 - ;1996 A Local Law in Relation to Certificates of Occupancy I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-284(H)(1)(g) is amended as follows: (g) Copies of certificates of occupancy: twenty -dol-lars f$29-} twenty-five cents (254) . 11 . This Local Law shall take effect upon filing with the Secretary of State. 41 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 42 .-Moved by Councilman Moore, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 16th day of April, 1996, a Local law entitled, "A Local Law in Relation to Fire Wells"' and WHEREAS, a public hearing was held on this Local Law on the 30th day of April, 1996, at which time all interested persons were given an opportunity to be heard; now, therefore; be it RESOLVED that the Town Board hereby enacts Local Law No. 4 - 1996, which reads as follows: LOCAL LAW NO. 4 - 1996 A Local Law in Relation to Fire Wells BE IT ENACTED, by the Town Board of the Town of Southold as follows: I . Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended by adding the following: 92-47. Fire Wells. The stopping, standing, lor parking of vehicles is hereby prohibited at all times within fifteen (15) feet of a fire well. 11 . This Local Law shall take effect upon filing; with the Secretary of State. * Underline represents additions. 42 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That ends the prepared part of the agenda. At this time we give the opportunity to you to address the , Town Board on any topic you would like to. Is there anyone that would like to share anything, a question, an answer, whatever with the Town Board? Yes, sir. Would you please take the mike and state your name? J . ROYAL GIFFORD: My name is Gifford. My question is, is there any planned procedure for the-eradication or control of graffiti, which we see evolving in our area? Graffiti seems to be approaching Southold. 350 APRI L 30, 1996 SUPERVISOR COCHRAN: We get a great deal of graffiti through the winter months. This time of year the buildings at the beaches are repainted, and so on, and so forth. My own personal feeling is that it's part of a deeper problem than just graffiti. V think it's a breakdown in some inter-structure within the community itself. When it was done up on the building where the water is being done; I checked with Michael LoGrande immediately, and they told us that they were going to be facing the building with bricks, so, of course, it would cover the graffiti. Superintendent of Highways Jacobs; is the one that usually paints and takes care of our buildings at the beaches, and that is where we have a great deal of graffiti on the bathrooms. We painted the one up at one of the Town beaches here four times : this winter, because the language was so vile, that we felt that it couldn't stay any longer than it was there. We're trying to clean it up as quickly as we see it. We're having problems at the end of some of our road ends with not only graffiti, but litter. Some of them have become hangouts for young people with the noise, and the squealing of the tires, and boom boxes going loud, and late into the night. I had a meeting with Superintendent of Highways Jacobs this past week, and presented at least one concept to the Board this morning in relation to the litter that seems to appear at all our road ends, mainly the road ends, Horton's Point, Sixty-Seven Steps. The Board is in favor of hiring a young person for the summer, that we are just calling ..our litter person for lack of a better name. This person will be paid to go to all road ends, and pick up the litter everyday throughout the summer. That takes care of the visual part of it. As you saw tonight we passed on changing the hours up at Horton's Point. We feel that's going to be part of it. Graffiti, itself, I think if we can catch someone in the act, I firmly believe that they should be prosecuted. J . ROYAL GIFFORD: Do we have statutes, which would allow that? COUNCILMAN MOORE: When they're caught, and you find out who it is, existing State Law, criminal mischief, and they've been charged with that in the past when the Police can find who has done it. SUPERVISOR COCHRAN: And we will. I think it's time we have to, because this is public property, and a lot of it is personal property, and it's being destroyed, and it's being made to appear visual unattractive, and we're hoping this solves the little problems , at the road end. We have some' other things we'll be looking at also. Closing those road ends that are problematic at an earlier hour in the evening, hopefully will help. The Town Board is very aware of the problem, and we're trying to do as much as we can, and we shall continue. J . ROYAL GIFFORD: Thank you. SUPERVISOR COCHRAN: You're welcome. Would anyone else like to address the Town Board? ANNA COSIMANO: My name is Anna Cosimano. This is in regard to an editorial in the papers dated April '18, 1996. It clearly states that the SPCA found the NFAL, North Fork` Animal! League, veterinarian not at fault for the kicking the dog in the head. I can't understand how such an organization, as large and respected as it his, can make a statement like that (tape change) two weeks ago stated that she found this incident unfounded. First of all, she wasn't on the' Board at the time, and second, she sat in on her first Board meeting when this incident was reported, and brought to the attention of Board; members. What does she found unfathomable? Things go on like this all the time. Listen to the news,' and you'll see and hear horror happening, to those who can't defend themselves such as children, handicapped people, elderly people, and animals. What I saw, as a volunteer at. the Shelter, it was made clear to me this was a no kill shelter. Only if an animal', was vicious, or incurable ill, then it would be put to sleep. Otherwise they would live their life at the Shelter until they were adopted, or died' of natural causes. There was no mention 'of a . limited facility, as was stated in the papers. There's a large amount of money from the people's contributions throughout the years. What are the funds being used for? The animals are still living in 'crowded conditions, and are not given any better care. Are the Board of Directors so independent right now, that they can, and are refusing $1,500, that would mean new memberships within this last APRI L 30, 1996 351 month? This money would help defray the cost of operating the shelter, and still they refuse it. I think our last option is we're going to have to go to court with them. Last but not least, yes, by all means let the silent numbers come forth. Let all the members of the Shelter, who have had encounters, good and bad, come forth. Let's get this matter resolved once and for all. We can't .keep going on like this, that's for sure. think our next step is just to take them to court, and make them accept these donations, these new memberships, these renewals. Everybody is calling me that they haven't gotten any checks back. We sent registered mail. They're not picking it up. I don't know what else to do, but to take them to court. Thank you very much. SUPERVISOR COCHRAN: Thank you, Anna. Is there anyone else that would like to address the Board? JIM BITSES: As they used to say in the French Revolution, Citizen Bonaparte, I am Citizen Bitses of the Town of; Southold. In any event, at the present time the North Fork Animal Welfare League, which was formerly approximately four to six hundred members consists of exactly six members, all of whom.ar.a members of the Board'. These six members came here a week or so ago, and told this Board that it was a private organization, and that they were really appearing out of the goodness of their hearts. It has never been a private organization. The Charter makes that clear. We submitted around 157 checks, $10.00 each from 157 citizens from the Town of Southold, some of them who were renewing their memberships, some of whom were asking for new membership. Here's what they did. One of those- with the membership application of our Supervisor, Jean Cochran, the application, and her check have been rejected. She has been cast in the balance, and: found wanting. On top of that, one of our foremost Councilwoman, Alicei Hussie, also submitted a check, payable to the North Fork Welfare League, applied for membership, and Madame Hussie, you have been found wanting. You have been rejected. COUNCILWOMAN HUSSIE: That was a renewal, Mr. Bitses. JIM BITSES: Along with 155 other people, this thing is so ridiculous these six people are getting advise from left field somewhere, and these advisors have told them that six people can commandeer half a million dollar trust fund, a $118,000 contract, a lease, and control. 'Very bad advise, very bad advise. Obviously, very amateurish advise. There's a contract. Town Board is, naturally, not putting forth an argument or a fight. You have entered into a contract allowing the North Fork Animal Welfare League to run more, or less, autonomously. You have given that $118,000 with full knowledge, and $118,'000 is not enough to run the Shelter, and it would be expected for the public membership to raise the shortfall themselves. I spoke to Tom Wickham- the other day about this point. I said, Tom, the consideration the Town gave the Board is $118,000, and the lease arrangement, and so or , and so forth, what was the consideration that they in turn gave? ;Oh, he said, he made a contract with several hundred people comprising the North Fork Animal Welfare League, he spoke to the Board of , Directors, because they represent these several hundred people, but we in contract with several hundred people. Why? Because we knew that $118,000 was insufficient to properly feed, house, clothe, whatever, the animals in the Shelter, and that the shortfall was expected to be raised by the members, the multiple members, of the North Fork Animal Welfare League. When he made the contract in 1994, 1 believe there were about 400 members at the time, it varies, 600 members to about 200. 1 said, where is it written in the contract? He said, oh no, it's not written in the contract. We don't have to write that in the contract. It is understood. They understood it. We spoke about it. We discussed it. We didn't put it into the contract, because it was a public organization, and we 'depended upon the public portion of that organization to raise additional funds, and number two, to provide labor, such as exercising the dogs, and doing other things for the welfare of the animals in the shelter. These were material considerations of that contract. I said, Tom, these six people claim that it's a private organization. That was not our understanding. We were dealing, and we made a contract with, a public organization, an organization of several hundred people, who ; would raise funds, and provide volunteer efforts to the Shelter. I said, well, they're not doing APRIL 30, 1996 that now. They claim, the six people claim, that they have the right to control everything, including the half million dollar trust fund, which took ten years to raise, took the efforts of maybe a thousand people to raise that half million dollars, and these people now step in, with their advise from left field; claiming, well, it's a ;private organization, we six control a half a million dollar trust fund, which we had nothing to do with raising. We six control the Animal Welfare League lease and the contract, and the rest of you can go to hell. SUPERVISOR COCHRAN: No profanity, please. JIM BITSES: Okay, go to heck. . They not only rejected our Supervisor. They, also, rejected 155 Southolders, who had only the best interest of the animals at heart. What I'm pointing toward is that there has been a failure of consideration in the contract between the Town and the people who now control the North Fork Animal Welfare League. Failure of consideration, making the contract voidable, and thereby hangs the tale. We will probably bring in the firm of Wickham, Wickham, and Bressler of Mattituck on behalf of our rescue committee, ad hoc rescue committee of the Animal Welfare League, but we would also like to see the Town join, as amicus curiae, Laury wake up. Amicus curiae, would like to see the Town join in, in our effort, on the basis of the fact that there has been a material, reach a contract, do it with a consideration expected by the Town. On top of which there has been a material overage of the parties to the contract. The Town made a contract with approximately three hundred people, now there are only six. They claim that the contract still applies to them, and we -claim that it does not, so that's another ground. In any event, Tom Wickham will be giving us, I believe, an affidavit stating the unspoken part of the contract. The former members of the Board, and the President of the Animal Welfare League, will also be giving us affidavits to that effect. We expect to be successful, and we would like have the Town along on our effort on the basis that I just stated, and of course, our first consideration is the best interest of the animals. Thank you. SUPERVISOR COCHRAN: Thank you, Jim. Thank you for your comments, Jim. We've just begun to get some information as far as the financial picture is concerned. I believe Councilwoman Oliva has it. She's reviewing it. It hasn't come to the Town Board yet. I'm sure it will be to us by the next meeting, and we will begin to look at the whole situation. Is there anyone else who would like to address the Board? (No response. ) If not, I'll call on the Coun'cilpeople, if they have anything to report at this time. I'll start on my left this time. Joe, is there anything you'd like to share with the public? COUNCILMAN TOWNSEND: Not me at this time.,, Thanks for asking. SUPERVISOR COCHRAN: Ruth? COUNCILWOMAN OLIVA: No, I don't think so. SUPERVISOR COCHRAN: William? COUNCILMAN MOORE: Nothing, tonight, thanks. SUPERVISOR COCHRAN: Louisa? Alice? COUNCILWOMAN HUSSIE: We're mute. SUPERVISOR COCHRAN: There are a couple of things I'd like to share with you. I did attend a meeting in Riverhead the other day in relation to Peconic County. As you may, or may not know, it has passed the Senate 49 to 9. It's now in a Local Government Committee, and then will probably have to go to a Ways and Means Committee before it goes through the Assembly. If it's passed in the Assembly than it goes to the Governor for his signing. The Town Board has not, as yet, discussed their stand, or their position, on Peconic County. I think that we should try to make some time at our next Board meeting to just knock it around a little bit, and talk, about it. I personally feel it's more of a philosophy than it is whether or not you're going to save dollars. 11 think it's a philosophy that provides in your thinking for self-determination. I think it's a APRIL 30, 1996 philosophy that says, we would like to continue the lifestyle the way we have it. I think it's a philosophy of keeping; the encroachment of the rest of Suffolk as we see it now, Western Suffolk. But, I think in this everyone "has to make their own decision. What the five East End Supervisors have discussed, we'll be going to Albany on June 6th, to speak with Speaker of the Assembly Silver, to try to convince him that this is important to the people of the East End. But, more importantly, I think the goal of the five East End Supervisors is to get it through this system, so that it can be a referendum, and you, the public, will decide if you want to support, and see Peconic County, happen or not. I believe between now, and then there's going to be more and more information dispersed hopefully, because there's still a lot of unanswered questions, and all of us, as East End Supervisors, realize that, but we would like to get it through the system, so that it can come to you, the voter and the taxpayer, to make the decision. Yard clean-ups, we got some complaints in number in relation to people that are putting out things that are not a part of the yard clean-ups. Superintendent Jacobs and I have discussed this. There are places that are completely cleaning an area, or a lot, not lot clearing, but there is a structure on it. That is not what the . intent of clean-up week is all about. Mr. Jacobs is already working with his staff to make a change in next year's yard pickup. There is going to have to be limit, as to how much he picks up (from each household. It's unfortunate that there are people that abuse something like this, so we all suffer in turn. There are. some 'this year that has definitely taken advantage of the fact that the Town does provide free cartage in cleaning up our yards for the spring, so that as a community we look pretty neat and tidy. So, there will be some changes in that next year, unfortunately. Also, the Town Board had a meeting with the DEC within the past two weeks in relation to our composting at the Landfill. One of things involved, one of things or questions we had asked is, if we can take CED and use it as a part of the finishing off of the slopes, and fill, and so on, and so forth, when it comes to capping;. The DEC has told us, yes, that we will be able to use this, so the Town Board will discussing at the next meeting the cost of C&D, because ;we were losing money on trucking it out of town, but now that we can use it as part of closing the Landfill I think it` becomes more valuable to u's as fill. So, we will be looking at, and encouraging people to bring construction debris to the Landfill. We talked about the road ends, and the litter- person, that we will hire. As you're aware we've been sending, or have sent out to the many businesses throughout the Township a questionnaire in relation to businesses, that is being returned directly back to the County. The County is going to analysis these, and in this kind of a survey 5% is usually an excellent return. Our return to - date is 190, so this is absolutely fantastic. We've had great cooperation from the businesses in town. In speaking with the Planning Department there are some that went out late, because of change of addresses, we had a certain amount returned to us, so .we were able to locate the addresses, and resend these out. So, what we would like to do is extend: It does have a deadline date, but we would like to extend that deadline date to May 3rd. So, if there are any businesses out there that have not yet sent in their questionnaire, and we will give this to the radio stations tomorrow, also. We would like the word spread that they have until May 3rd to return these questionnaires. They've done a fine job up until now. I would just like to share a little something with you. We're starting to collect information, and data, on a municipal swimming pool. This doesn't mean it's going to happen. It may. It may not. We don't know, but what we would like to do is collect the data, the cost, what is involved, and give it to you, again the public, to put it on the ballot, and you make the decision if you would like to see a municipal pool in the Town of Southold. So, at this point what we're doing is collecting the information, and we'll present it to you, and hear your feelings, and take it from there. Also, we are in addition to, , as far as recreation is concerned, we are putting in. .as you may or may not know last summer there were a group of people in their twenty's, thirty's, that played volleyball on the beach in .the summer. They have a league. It's a family thing. They come down with their wives and ..children, and it's really a nice evening, and they play down in New Suffolk, and this is a popular sport. We did have Family Service League come in, and there were a couple of teenagers from Mattituck, and they're interested in starting some leagues with the younger people through the teens, and high school students. So, we will be providing, and putting into place, volleyball 354 APRI L 30, 1996 courts. We're putting two up in the Laurel Lake, at Laurel Park. We're putting two in Tasker Park, and then we'll be putting the two down in New Suffolk where the adults are playing. We're hoping that this will provide some healthy recreation for young people this summer, and that it will give us the opportunity to start some leagues in volleyball for young people. Also, as Ruth said earlier in relation to recreation, the Girl Scouts on June 14th will be up at Town Beach planting our marigolds, and if there's anyone out there that would like to join us, we'll offer you a hot dog, and a soda, and please come on down. That's all I have to report at this time, and I would like to say' thank you for joining us this evening, and safe home. JIM BITSES: May I have a last word, Madame Chairman? Just a minute. We have in this town one of the largest nuclear power plants in the world. It's about seven miles from the end of Rocky Point Road. It happens to be in another state, but it's in this town. Luckily prevailing winds are from the southwest. In the winter they're from the northwest, so that the flume from this plant doesn't come over this town. Thank Cod. However, once in awhile you get a northeast storm, and not only that, but this happens to be one of the most defective plants in the world, and it has been shut down by the State of Connecticut temporarily, we don't know. It might pay us to have what is called a radiometer, a gadget that tips you off, like they . had in Sweden, when ; Chernobyl went up, and the Russians were keeping it secret, and Sweden, their radiometers went off, their Geiger counters, their clinometers went off, tipping them to the fact that there was an emergency. We don't have that type of early warning facility in this town, and it wouldn't be a bad idea if somebody called somebody in Brookhaven, or possible Dr. Bloom, if he's still in town, to ask them for further advise on this one. Thank you, and that's the last word. SUPERVISOR COCHRAN: Thank you, Jim. Just to share with you, may I have the last word? We are meeting with the Emergency Preparedness people from the County. They're very concerned about the fact of Millstone. We did go over there for a tour not too long ago. I think the first hour was spent on talking about sirens. I wasn't concerned about the sirens on top of the telephone poles. I sent word back that I was not happy with the meeting. They did take us to the plant, but it was not at all a productive day. We are setting up a meeting with the Emergency Preparedness gentleman from the County. I , know that Councilwoman Evans is going to be involved, as is their Emergency Preparedness person from Fishers Island, because as a township we are very concerned with the condition of that plant, because the prevailing wind is right across Fishers Island, and I think some of the evacuation, and some of the other safety measures, are not adequate, so we will be meeting very shortly, and discussing all these different points, and the safety of our residents on Fishers Island, and the East End of Long Island. Just to let you know we're on top of that. Joe? COUNCILMAN TOWNSEND: I wasn't going to say anything, but you talked about Peconic County issue, and I think, your point having to do with the philosophy of the East End, and so forth, is very well taken, and probably is the primary issue, but I don't ;think we can minimize the economic issue. The economic issue is very important. I want you to know that according to the study that was completed, and it was an extensive and as unbiased as you can get in this type of study, we may reduce our taxes, Suffolk County taxes, by as much as thirty percent. Right now the East End pays Suffolk County much more in taxes than we get back. I can't remember the percentages now, but it's significant, and there will also be, instead of a duplication of services, and talk about why we need another level of government, well, I think the fact is that we can be substituting a lot of the duplication of services we're getting now with Town services, relative to Highways, and perhaps some policing services, and it will be more efficient use of manpower, than what we have now. Those are things that were raised by the study, that we had a hearing, or an informational meeting by some of the people, some of the Supervisors of the East End towns, that was very, very interesting, and maybe we can get Channel 27 to run that again a't some point. APRI L 30, 199.E : 355 SUPERVISOR COCHRAN: I'm certainly not minimizing the cost involved. COUNCILMAN TOWNSEND: I didn't say that. SUPERVISOR COCHRAN: Okay, anyone else? (No response. ) If not, we thank you very much, and good evening. Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:40 P.M. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. !� Judith T. Terry Southold Town Clerk