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HomeMy WebLinkAboutTB-08/20/1996 58 SOUTHOLD TOWN BOARD AUGUST 20, 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. Absent: Town Attorney Laury L. Dowd. 9:05 A.M. - Arden Scott and Fraizer Dougherty, spokespeople for a group of Greenport residents, met with the Town Board to ask them to revise the parking restrictions at the terminus of Sound Road (67 Steps) , Greenport. The recent law restricting parking between sunset and 6:00 A.M. has prohibited the residents from parking and using the beach, where they said there isn't a problem. The problem is at the parking . area, and the restricted . time has not solved the ' problem of loitering, littering and vandalism. Supervisor Cochran said there must be a compromise. The disturbances at the road end affect the residents of the area. .Perhaps the Town should go back to the way it had been for years, 10:00 P.M. to 6:00 A.M. The matter was referred to the Code Committee for review. 9:30 A.M. - Mary Mulcahy Jackson met with. the Town Board to bring them up to date on her accomplishments over the past few years as Recycling Coordinator. A resolution (23) was placed on the agenda to reappoint Ms. Jackson through August, 1997. 9:40 A.M. - Town Board placed a resolution (24) on the agenda to appoint Ann Morris as a part-time Clerk Typist in the Building Department.----The Board agreed to the property swap with Alvin and Patricia Combs„ and asked Supervisor Cochran to meet with .:them to discuss the cost of the survey.----Town Clerk Terry asked the Town Board to consider a modification to the 1996 Capital Budget to provide for the purchase of a dehumidifier for the storage room. Board agreed, and prices will be obtained and a budget modification will be prepared when there is a firm price.- ,Board again discussed the proposal for a visitor pass for residents whose property fronts on a roadfront adjacent to a Town beach where parking is prohibited.. Since there were still questions concerning cost, total number of permits to be allowed, and should they , be dated,, the proposal was sent back to the Code Committee.---- Resolutions (2-5 E 26). were placed on the agenda to accept bids for a new Leaf and Yard Waste ..Shredder, • and a .new Trommel Screening Plant for the Solid- Waste Management District. 10:00 A.M. - Senior Planner Valerie Scopaz met with the Town Board to ask whether they wish to participate in the tax "Incentive Plan" proposed by Suffolk County. The deadline is rapidly approaching and the County needs the Town's draft plan to incorporate in the presentation to the Suffolk County Legislature for adoption. The Board agreed consideration should be given to marinas and mariculture. Ms. Scopaz said that Suffolk County Department of Economic Development Commissioner Thomas Junor offered to assist her with the preparation of the Town's draft plan. 10:40 A.M. - Town Board reviewed the Town Attorney's recent Landfill Closure Update, and Solid Waste Coordinator Bunchuck's update on .the Landfill Closure Investigation work currently underway.----Supervisor Cochran submitted a proposal from Superintendent of Highways Jacobs for the purchase of a parcel of- land from the County of Suffolk.. The property is a portion of Pond Lane, off of Laurel AUGUST 20. 1996 Avenue, Southold, and has been offered to the Town prior to sale at public auction. The Board placed a resolution (27) on the agenda to express the Town's interest in the parcel.----Town Board discussed proposed Local Law in Relation to Speed Limits - Boats. Due to the provision concerning operation of a boat within 500 feet of any shoreline, Justice Evans questioned the applicability to Fishers Island. She will ask the Harbor Committee to review and comment. In the mean time a resolution (28) was placed on the agenda to hold a public hearing on September 3rd.----Justice Evans asked the Town Board to appropriate $500 for the removal of the remaining debris at the Fishers Island Metal Dump. She has worked out a plan with Superintendent of Highways Jacobs whereby the debris could be brought over to the Cutchogue Landfill in a truck returning from a Fishers Island project for the Highway Department. Board agreed, and a budget modification for the expenditure will be on the September 3rd agenda.----Councilman Townsend discussed his proposal for the creation of a Police Advisory Committee to advise the Town Board with regard to Police Department matters. The Town Board agreed the committee should consist of seven members - Chief Conway, . Councilman Moore, and five individuals from the public. A resolution (29) was placed on the agenda to create the committee and advertise for members. 11 :45 A.M. - Town Investigator Ed Forrester met with the Town Board in regard to the application of Bay Watch at Club Wave Restaurant Corp. for a liquor license. In June, 1996 the Town Board issued an objection to. the issuance of a license to the State Liquor Authority, due to the fact the restaurant site was also used as a site for rentals of jet skis and other watercraft. The Board ' was under the impression the restaurant rented the jet skis and they objected to alcohol being sold where the rentals take place. However, upon further investigation it was determined that although the property is owned by one person, the ski rental establishment and the restaurant establishment are run by two separate lessees. Mr. Forrester confirmed these facts, stating that the proprietor of the restaurant has another successful . restaurant operation further up the Island. IThe Town Board reconsidered their earlier objections. They , said. they . do ,not .feel the proprietor of the restaurant 'should be 'penalized because of the zoning violations by the owner of the property. The Board directed the Town Clerk to notify the State Liquor Authority that they withdraw their objections to the issuance of a liquor license. 12:05 P.M. - Recess for lunch. 1 :35 P.M. - Work Session reconvened and the Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular meeting. EXECUTIVE SESSION 2 :05 P.M. - On motion of Councilwoman Hussie, seconded by Justice Evans, it was Resolved that the Town Board enter into Executive Session to discuss personnel - hiring, promotion, compliance. Vote of the Board: Ayes: Supervisor. Cochran, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore: Also present: Town Clerk Terry. _ 2:45 P.M. - The Town Board met with Solid Waste Coordinator James Bunchuck to discuss (1) the removal of the debris from the Fishers Island Metal Dump; (2) a motor vehicle accident in Bohemia on July 20th by a landfill driver; and (3) the scrap tire removal contract. The scrap tire contractor has failed to remove the tires for quite some time, ' resulting in a stockpile of three to four thousand tires. He would like to cancel the contract and seek the services of the next lowest bidder. Town Attorney Dowd will be asked to find a legal means to- accomplish the cancellation. EXECUTIVE SESSION 3:10 P.M. - On motion of Justice Evans, seconded by Councilwoman . Hussie, it was Resolved that the Town Board enter into Executive Session to discuss the appointment of a Police Lieutenant. - (Supervisor Cochran left the room at this time and did not participate in the discussion. ) Vote of the Board: Ayes: Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry.----As a result of this Executive Session, a resolution (32) was placed on the agenda to appoint Sergeant Carlisle E. Cochran as a Police Lieutenant. 3:30 P.M. - Work Session adjourned. 6•0 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on August 20, 1996, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 4:30 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 Absent: Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: May I have a motion to approve the bills of August 20, 19967 Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $105,911 .14; General Fund Part Town bills in the amount of $7,878.44; Community Development Fund bills in the amount of $500.00; Highway Fund Whole Town bills in the amount of $6,263.18; Highway Fund Part Town bills in the amount of $19,215/58; CHIPS (Highway Part Town) bills in the amount of $40,468.60; Fishers Island Metal Dump Capital bills in the amount of $28.00; Employee Health Benefit Plan bills in the amount of $36,617.22; Fishers Island Ferry District bills in the amount of $67,766:65; Refuse E Garbage District bills in the amount of $137,037.61; Southold Wastewater District bills in the amount of $1,138.87; Fishers Island Sewer District bills in the amount of $505.36; Fishers Island Ferry District Agency 6 Trust bills in the amount of $1,123.02. 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 the minutes of August 6, 1996, Town Board meeting. Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the August 6, 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 wa's duly ADOPTED. SUPERVISOR COCHRAN: Approval of the minutes of August 14, 1996, our Town Board meeting on Fishers Island. Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the August 141 1996, Fishers Island 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: Setting the next Town Board Meeting September 3, 1996, at 4:30 P.M. AUGUST 20. 1996 Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Board will be held at 4:30 P.M., Tuesday, September 3, 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: At this time we are going to have some special presentations from the Historic Landmark Designation Committee. Mr. Benfield? CLIFF BEN FIELD: Tonight is the second night that the Town Landmark Commission is helping the distribution of landmarks already committed due to property owners in the Town of Southold, and also, tonight, we would like to present one marker to, a new recipient, and that would Eric Haesche, who is the proprietor of the Vail-Booth. So, we will do that plaque first. The plaques are bronze plaques, that was designed by the Commission, and so made to be mounted on a house. They can be mounted with a sign under. This is an example of the kind of designation that could be made on a house. This, however, we would prepare at a cost with the property owner, of course, to put on their house. Otherwise, the plaque is fine just the way it is. The Commoners choose to have a large one made like this with the plaque mounted on their sign. Of course, there is no house to mount the sign on, so they have to mount it on something. The Landmarks that will be recognized tonight will be the Landmarks of New Suffolk, of Greenport, and Orient Point, so we'll start with New Suffolk. The first one is for the Methodist Mission and New Suffolk School. Is Mrs. McGowan here? This is house is recognizable by its unusually high stone foundation. The structure, now a private home, built by Benjamin Webb and intended for religious use. Webb presented the building to the Methodist Society for use as a mission by itinerant Ministers on the circuit as a place to hold prayer meetings and Sunday afternoon services. After New Suffolk School was destroyed by fire, the school district rented the Mission for ten dollars a year. At this point in time only the basement of the building was complete. After the 'building was completed classes were held upstairs. Eventually the New Suffolk School District bought the building for $350 and held classes there until 1907. The house still has its original tin roof. The Old Harbor House, I'm sorry the Finkelsteins couldn't make it this evening. We are now to Greenport, and we would like to recognize Fanning-Doroski House, Gerald Doroski. I'll start reading this now to save time. Built about 1810 as an inn at Steamboat Junction, this large structure was moved two blocks west about 1890. It is an important relic of Greenport's days as thriving steamship harbor for passengers as well as fish and cargo. Post and beam construction blends hand sawn and pit-sawn elements. This is the only known use of the gambrel roof in Greenport at the time of construction and it shows an innovative practical adaptation of the local architecture style by the builder. The gambrel roof allowed for the full use of the attic story as income producing i'nn rooms for travelers. The old inn shares architectural elements very common to Greenport such as the use of a square. shape structure three bays wide with a side entrance. The striking entrance consists of two pairs of Doric columns, a pair of freestanding Doric columns flanking the doorway and an engages pair at the extremes of the doorway. Sidelights separate the two pairs. Take a look and you'll find similar doorways in and around the heart of Greenport. Probably built by Joshua Fanning, this house has been carefully restored with a lovely porch that was added sometime after 1890. The next house we recognize we are very happy to do. It is the Youngs-Guerlain-Coyle House. It contains remnants of the first house, one of the first house in Southold, the house of Colonel John Youngs. Sparky Coyle will receive the plaque. The Champlain Place structure was once part of the home of Colonel John Youngs, son of Southold settler Pastor John Youngs. There are at least versions of its history. One, by former Town Historian Wayland Jefferson, indicated that it was part of the 1638 Jackson house on the bay in Greenport, the first English house in New York. It was later trisected, and one part moved to Champlain Place. But another history seems to have consensus backing. That version has it that the house was originally erected 1688 at the head of Sterling Creek, part of the large homestead of �j AUGUST 20. 1996 Colonel John Youngs. Passed down in the family, it was eventually divided, literally, by two of the five sons of Deacon Thomas Youngs. A brief history in the possession of Sparky Coyle, a longtime owner of the house, from 1936 to 1995, cites a letter of August 29, 1827, which included the line, "Brother Joshua began sawing the house today". Half the house was moved to 2345 Main (North) Road in Greenport, adjacent to Brecknock Hall. This half of the building owned as of this date, June 1996, by Frank McIntosh is also on the Town's register. SUPERVISOR COCHRAN: Sparky, congratulations. CLIFF BENFIELD: There is a lot more to go on that. The Guerlain family also occupied that house for some thirty-six years, and that's why is is named Youngs-Guerlain-Coyle House. We'll go on to Orient. We come to one that I'm very happy to present, because he happens to be a very active member of our Landmark Commission, and that's Ralph and Elinor Williams. This is for the Terry-Mulford House. We all know the Terry-Mulford House. It stands on Main Road as you see it from the left. It is a beautiful place there. The colonial shingled residence with saltbox profile built in late 17th Century. I hate to go through the whole thing, because Ralph has a thesis that was done on his property. I'm sure he would be delighted to read it off to you. SUPERVISOR COCHRAN: Congratulations. CLIFF BENFIELD: It's very seldom that someone can participate in designing their own Landmark designation. Our next one is for Terrywold, Johnathan Terry House. Is Hope Gillispie here? Okay. Although this house has lost it's original doorway, the east wing dates from 1684, and the main section from 1700. The east wing is believed to be the second oldest structure in Orient after the Terry-Mulford House. The earliest Terry on record is Johnathan Terry, Sr. who died in 1732. Terrywold is currently owned by the tenth generation members of the Terry family and it has never been out of the . family. Some historians consider the main section only to have been once been • the Joshua Curtis house of 1700. Forty acres of property are still being farmed. This is part of the original Terry Farm House which included 100 acres of land that was later was divided into thirds for family members. The house once had a large quilting room . which was moved to the Orville Terry property to the east and now used as a barn. The attic reveals pegged, hand hewn beams, wide floor boards, some HEL hinges, and a dado/wide chair rail. There is a small field stone cellar under dining room at east end, what is considered to be the oldest part of the house. It's a very old house. HOPE GILLISPIE: All I can say is, don't anybody buy an old house. CLIFF BENFIELD: The next Landmark we are recognizing is the Village House, and owner is the Oysterponds Historical Society. Is Mary Lee Shanahan here? This building is now the headquarters and principal museum of the Oysterponds Historical Society. Augustus Griffen, Orient's early historian, lived here during most of his mature years operating a tavern 'in this Federal era house. The tavern was a stop on the Long Island stage line but the building also operated as a school- and a' store as well. In 1807 the building was enlarged and a second story added in 1832. Griffen died at age 90 in•• 1856. The house was sold to Samuel Gilson Vail in 1853 and enlarged upstairs and downstairs in the 1870's and acquired its present graceful proportions and picturesque ornamentation. Village House remained in the Vail family until its purchase in 1944 by the Oysterponds Historical Society as a museum for displaying the Society's most precious and perishable possessions. While you are here will you accept the plaque for the Webb House/Constance Booth Inn. Moved here in 1955 from its second location near Sterling Harbor in Greenport. The house is much larger and contains more bedrooms with fireplace than its mid 18th century North Fork which greatly supports the . belief that this was indeed a inn. Augustus Griffen's journal tells of Colonel George Washington, enroute between Virginia and Boston, visiting the tap room of this house when the structure was located in Greenport and called Constance Booth's Inn. Later the house became known as the Orange Webb House. Today it is authentically furnished and maintained by the Oyster Ponds Historical Society. There's one more, Gideon Youngs House on Village Lane. This is your own house. She is accepting this one for AUGUST 20. 1996 herself. The dormer and bay windows, which were added in the late 1800's, tend to obscure the fact that this is quite likely the oldest existing house in the Orient Historic District. Certainly, it is the best documented originally deeded to Johnathan Youngs by L.T. Gideon Youngs in 1701, successive deeds trace the ownership through six generations of Youngs until 1962. Structural evidences of antiquity includes a large Georgian mantelpiece, hand hewn beams, some boxed, uses of buttermilk paint. a succession of roofs from wood shingles to tin, to the present asphalt. In 1996 the building was renovated once again. The Methodist Church was organized and held meetings in this house prior to the building of its church in 1836. On the 17th of September we will distribute the plaques to the people of Southold, and I hope that all the people that have received them tonight, and the next meeting we have when we do this, will put them on their houses, and wear them proudly. We're proud of our landma'rk, and we' know that you have to be, too. I want to remind you, that one must apply for a Landmark designation. It doesn't just happen. There are three reasons why houses become landmarks in Southold, one, because they have special significance, two, they are concerned with a historic site, or with something happened, or three, their life is identified with a famous person in history. So, thank you very much. SUPERVISOR COCHRAN: Your committee does fine work, so thanks to the committee, also. CILFF BENFIELD: I would just like to mention the members, Bob Kassner, John Stack, and Barbara Jones. She has been our intern from Columbia University. She has been very helpful, and of course, Ralph Williams. I . REPORTS. SUPERVISOR COCHRAN: As you know, our agenda also includes Reports, which are listed on the printed agenda. If there is anyone, that is interested, they are public information.. You may obtain a copy from the Town Clerk. Also, Public Notices are listed, and Communications. 1 . Southold Town Board of Trustees Monthly Report for July, 1996. 2'. Southold Town Justice Evans' Monthly Report for Juiy, 1996. 3. Southold Town Justice Bruer's Monthly Court Report for, July, 1996. 4. Southold Town Investigator's Report for August, 1196. 5. Southold Town Justice Price's Monthly Court Report for July, 1996. 6. Southold Town Program for the Disabled, August through November Events for 1996. 7. Lawrence Healthcare Town Claim Study Analysis for July, 1996. 8. Lawrence Healthcare PBA Claim Study Analysis for July, 1996. 9. Southold Animal Shelter Monthly Report for July, 1996. 10. Southold Police Department Monthly Report for July, 1996. II . PUBLIC NOTICES. 1 . New York Department of Environmental Conservation, Notice of Application of Barbara Braatz _to establish _a basin adjacent to an- existing boat basin. Project is located ' at 5250 Vanston Road, Cutchogue, New York. Comments to be received by August 30, 1996. 2. State of New York Public Service Commission Notice of Public Statement Hearings on Long Island Lighting Company's Electric Rate Levels. Appointments not necessary. Comments may be in writing. 3. Corp of Army Engineers, New York District, application of Town of Southold Community Development Agency to dredge with upland disposal and remove wetland vegetation in Marion Lake, East Marion, New York. Comments to be received by September 13, 1996. 4. Corp of Army Engineers, New York District, application of Michael Slade to dredge with ten years maintenance and upland disposal, construct rock .revetment, reconstruct piers in Wickham Creek, Cutchogue, New York. Comment to be received by September 18, 1996. 64 AUGUST 20. 1996 III . COMMUNICATIONS. 1 . Thor Hansen, President of Southold Citizens for Safe Roads, Inc. in regard to the Cross Sound Ferry. 2. Jeannette V. Dumas of Southold, New York, writing in support of prohibiting jet skis within 1500 from the shore. 3. Bert X Hagerty of U.S. Small Business Administration with a request for help publicizing- minority small business firms. 4. Joseph R. Tuttle, Project Engineer ' of New York State Environmental Facilities Corporation in relation to the Fishers Island Metal Dump Reclamation project. 5. Patricia Moore, Co-President of Mattituck Chamber of Commerce extending appreciation to Superintendent of Highways Ray Jacobs for cleaning up Pike Street, Mattituck in anticipation of the Mattituck Street Fair. 6. Mike Ryan, North Fork Beach Volleyball League Director expressing appreciation to the Town for creating beach volleyball courts. 7. Brian Hansen, Greenport Softball League thanking Southold Town for the donation to the league. IV. PUBLIC HEARINGS. 1 . 8:00 P.M., on a proposed "Local Law in Relation to Electing a Retirement Incentive Program as Authorized 'by Chapter 30, Laws of 1996, for the Eligible Employees of the Town of Southold". 2. 8:05 P.M., on a proposed "Local Law Requesting the New York State Legislature 'to Approve Legislation Permitting a Binding Referendum on the Creation of Peconic County in the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold and Requiring a Four-Fifths Vote of the, Town Board of the Town of Southold in Approving any Actions Relating to the Creation of Peconic County". V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy, that prior to the passing of resolutions, if there is anyone here that would like to speak to a particular resolution, now is the time. ' Is there anyone that would like to address the Town Board on any of the printed resolutions? (No response.) You will have the opportunity later at the end of the Board meeting to address the Board on any given topic, and of course, you know there is a hearing scheduled, one at eight, I believe, and one at 8:05. So, we will begin our resolutions, if there is no one that would like to speak to the Board at this time. 1 .-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby designates the Vail-Booth House, owned by Eric Haesche, 59405' Main Road, corner . of Laurel Lane, Southold, N.Y., as a Southold Town Landmark, all in accordance with the recommendation for designation by the Southold Town Landmark Preservation Commission, and acceptance of designation by Eric Haesche. 1 -Vote of... the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2— Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project for the Heavy Duty Hydraulic Hoist at the Highway Department, effective immediately. Capital Project Name: Hydraulic Lift Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031 .80 Transfers from Other Funds $16,600.00 Appropriations: H.1620.2.500.400 Buildings & Grounds, Capital Outlay Fee for Services, Non-Employees Hydraulic Lift $16,600.00 AUGUST 20. 1996 65 , . { 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 Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 29, adopted on June 11, '1996, appointing Helen Varellas as a Contingent Permanent Clerk Typist in the Building Department, to replace Claire Toy while she is on Maternity Leave, whereas 'Ms. Varellas declined the position. 3•-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4•-Moved by Councilwoman Oliva, 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 bids for Bulkhead Reconstruction and Restoration at Klipp Park, Cull Pond Inlet, Manhanset Avenue, Creenport, New York. 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 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 drainage easement between William R. Mosher and Ella Mosher and the Town of Southold, as part of the New York State Nonpoint Implementation Grant Prograrn ' - Hashamomuch -Pond Storrnwater Rernediation Project, all in accordance with the approval of the Town Attorney. 5--Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I 6 -Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was WHEREAS, the New York State Deferred Compensation Board, pursuant to Section _5 of tine Mew York State Finance Law ("Section 5") and the Rules and Regulations of the New York State Deferred Compensation Board (tire "Rules and Regulations"), has established the Model Deferred Compensation Plan for Employees of the Town of Southold (the "Model Plan") and offers the ✓Model Plan for adoption by local employers; WHEREAS, the Town of Southold, pursuant to Section 5 and the Rules and Regulations, has adopted and currently administers the Model Plan in a Form known as the Deferred Corpensation Plan For Employees of the Town of Southold; W itREAS, the Board has recently amended the Nlodel Plan, retroactively etTective to January 1, .1996, by adopting amendments titled as follows and set forth on pages 2 through 7. following; 1. Alternate Payees By Court Order 2. Compliance With Distribution Rules Of internal Revenue Code �. Investment Of Amount Deferred 4. Powers Of Attorney .5. Claims Procedures 6. Designation Of Beneficiaries 7. Defined Tefrirs 8. Typographical Corrections WHEREAS, the "Town of Southold has reviewed all eight (8) of the amendments and upon due deliberation, has concluded that it is prudent and appropriate to incorporate all eight (8) amendments as set Forth on pages 2 through 7 of this resolution; 66 AUGUST 20. 1996 ViT EREAS, the Board has established the ability to amend an existing Vlodel Plan or adopt a new vlodel Plan. Since the Town-of Southold is proposing the inclusion of all eight (3) of the Board's amendments, it would be our desire to choose the new Revised and Restated Model Plan which incorporates all these amendments, as opposed to amending our existing -iodel Plan. and NOW. THEREFORE. BE IT RESOLVED. that the Town of Southold hereby adopts the `tilodel Deferred Compensation Plan for Employees of the Town of Southold Amended And Restated Effective lanuary I, 1996" Name of Local Emolover = The i mm 1 $jmdw (t I Alternate 119yees by Court Order [Add a ner+, defined term to Section l; rennntber nhPropriatelyl "Plan Certified Domestic Relations Order" means any judgment, decree or order, including, but not limited to, approval of a property settlement agreement, which has heen determined by the Administrative Service Agency to meet the regt.tirements of a qualified dornestic relations order within the meaning of Section 4 14(p) of the Code. [Amend the third sentence of Section 4.5 as followsl Excgpc as otherwise provided under Section_I1.,5, nNo such amounts, property, income or rights may be assigned, used as collateral or otherwise disposed of in any manner by the Participant prior to distribution of such amounts under Sections 6 and 7. (Add a new Section 4.61 4.6 Notwithstanding any other provision of the Plan, during any.period when amounts are segregated on behalf of an alternate payee pursuant to a Planl'Certified Domestic Relations Order as provided in Section 11.5(b), the alternate payee may be entitled to direct the investment of such amounts in accordance with this Section 4 to the extent provided in such order. In the event that an alternate payee fails to specify an investment direction, any amounts segregated on behalf of the alternate payee shall he invested in the same manner as the relevant Participant's Account. [Amend the f rst sentence of Section 11.5 os followsl 11.5 a) Except insofar as may otherwise be required by law or in accordance with this Section"11.5, no amount payable at any time under the Plan steal I be subject in any manner to alienation by anticipation, sale, transfer, assignment, banknrptcy, pledge, attachment; charge or encumbrance of any kind, and any attempt to so alienate such arnount, whether presently or thereafter payable, shall be void. (Add a new Section 11.5(b)J (b) Payments with respect'to a Participant's Account may be made to one or more alternate payees pursuant to the terms of a Plan Certified Domestic Relations Order; provided, however, that notwithstanding any other provision of the Plan, Section 41d(p) of the Code or any Plan Certified Domestic Relations Order, no payments with respect to a Participant's Account shall be trade to an alternate payee pursuant to the terms of a Plan Certified Domestic Relations Order prior to the earliest date as of which payments to the Participant could continence under Section 7 (without regard to Section 6), nor shall such Plan Certified Domestic Relations Order create any rights greater than the Participant's rights under the Plan and Section 457 of the Code. In the event a Plan Certified Domestic Relations Order is received by the Plan prier to such date upon which pavrnents could commence to the Participant, a portion of the Participant's Account. which 1)(11,0011 AUGUST 20. 1996 shall be determined in accordance with the Plan Certified Domestic Relations Order, shall be segregated on behalf of each alternate payee designated under such Plan Certified Domestic Relations Order until payment is made to the alternate payee in accordance with this Section 11.5. No liability whatsoever shall be incurred by the Board, Employer, Administrative Service Agency, Review Committee, Custodian or any Financial Organization solely by reason of any action taken in accordance with this Section 11.5 pursuant to the terms of a Plan Certified Domestic Relations Order. 2. Compliance with Distribution Rules of the Internal Revenue Code [Add a new Section 7.71 7.7 Notwithstanding anything in the Plan to the contrary, all distributions will be made in accordance with the Treasury Regulations under Section 401(a)(9) of the Code, including, but not limited to, "Treasury Regulation Section 1.401(a)(9)-2. 3, Q Investment of AJnounts Deferred [Add the follo%ving new sentence to the end of Section 4.11 The Board shall have the right in its sole discretion to replace any Financial Organization or Fund with a successor Financial Organization or Fund and to incur any and all reasonable fees and expenses on behalf of the Plan in connection with such replacement. (Add a new subsection 4.4(c)1 (c) The Administrative Service Agency shall have the right to decline to implement any investment direction upon determination that: (i) the person-giving the direction is legally incompetent' to do so; (ii) implementation of the investment direction would be contrary to the Plan or applicable law or governmental ruling or regulation including, but not limited to, Treasury Regulations; or (iii) implementation of the investment direction would be contrary to a court order including, but not limited to, a Plan Certified Domestic Relations Order. 4. 0 Powers of Attorney [Add a new Section 4.7] 4.7 No power of attorney, other than one properly executed in accordance with Section 5-1501 of Title 15 of'the General Obligations Law of the State, as such may be amended from time to time, shall be effective to permit an attorney-in-fact to make any investment direction oil behalf of a Participant except upon specific determination by the Administrative Service Agency that the instrument expressly grants the power to act on behalf of the Participant regarding Account investment direction under (his Plan. (Add a new Section 8.31 8.3 No power of attorney, other than-one properly executed in accordance with Section 5-1501 of Title 15 of the General Obligations Law of the State, as such may be amended from time to time, sliall be effective to permit an attorney-in-fact to make or change a Beneficiary designation on behalf of a Participant except upon specific deter-urination by the Administrative Service Agency that the instnttnent expressly grants the power to act on behalf of the Participant regarding Beneficiary designation under this Plan. 68 AUGUST 20. 1996 ® Clai.tns Procedures (Add a new defined term to Section 1; renrunber appropriately] "Review Committee" means the committee designated by the Board to review claims to rights or benefits under the Plan and requests for hardship withdrawals under Section 6 in accordance with Section 9.1(c) of the Plan. (Amend Section 9.1 as follows) 9.1 (a) "file Board shall have general authority under the Plan. The decisions of the Board shall be final, binding and conclusive on all interested persons for all purposes. The Board may delegate its general authority as it deems appropriate in accordance with the terms of the Plan and all applicable Code sections and "Treasury Regulations provided. however, such delegation shall be subiect to revocation at any time at the discretion of tite Board. Notwithstandingany other provision of the Plan, the Board's general authority sliall include the right to review, revise. inodify, revoke, or vacate an decision made or action taken by any party under the Plan which right_includes. but is not limited to, the ri�lit_to review, revise, modify, revoke or vacate any decision of the Review Committee at anv time upon reasonable notice to the claimant_ (Add a new Section 9.1(b) - (r.)J . (b) Any claim to rights or benefits under the flan or request for hardship withdrawal under Section 6 rnust be filed in writing with the Board, or with such other entity as the Board may designate. Within 60 clays after receipt of such claim, the .Board, or such other entity designated by the Board, shall notify the claimant that the claim has been granted or denied, in whole or in part. Notice of denial of any claim in whole or in part by the Board, or such other entity designated by the Board, shall include the specific reasons for denial and notice of the rights granted by Section 9.1(c). G (c) Any claimant who has received notice of denial, in whole or in part, of'a claiin made in accordance with the foregoing subsection (b) may file a written request within 30 days of receipt of such denial for review of the decision by the Review Committee. .Within 90 days after receipt of such request for review, the Review Committee shall notify the claimant that the claim has been granted or denied, in whole or in part; provided, however, that the Review Committee may in its discretion extend such period by up to ail additional 120 days upon notice to the claimant prior to expiration of the original 90 days that such additional period is needed for proper review of the claim. Notice of denial of any claim in whole or in part by the Review Committee shall include tiie specific reasons for denial and shall be final, binding and conclusive on all interested persons for all purposes. 6. 0 I)esignation of 13eneficiaries (Amend the first sentence of Section 8.2„ns follows] 8.2 If no such Beneficiary designation is in effect at the time of a Participant's death, or if no designated Beneficiary survives the Participant, the payment of the amount, if any, payable under the Plan upon his or her death shall be made to the Participant's Surviving Spouse, if any, or.if the Participant has no Surviving Spouse or the Surviving Spouse caiuiot be located with reasonable diligence by the Employer or the Adnvnistrative Service Agency, then to his or her ehildreo-per-.titpes;ems+€-none,-tli*etrf e4iis-er-her-estate. AUGUST 20. 1996 6 9, , 7• Defined Terms [Amend Section 1.19 as folloilul 1.19 "Separation from Service" or "Set�arates from Service" means a separation from the service of the Employer within the nieaning of the TIreasuivRegulatiolls promulgated under Section 4574A-(e)(4)4-&)(iii) of the Code, including, but not limited to. Treasury Regulation Section 1.457-Z�li)�21-*anEt-fll�-aEe1�nF-+��Fhe-Psie-rpant's-deaFl�-ar retirement. lfl dd a neiv defined tern to Section 1; renumber nppropriotely] "Treasury Regulations" means the regulations promulgated by the 'treasury Department under the Code, as' now in effect or as hereafter amended. All citations to sections of the Treasury Regulations are to such sections as they may from time to time be upended or renumbered: [Amend the final sentence of the Propose Section as Jollows) The Plan is intended to satisfy the requirements for an "eligible deferred compensation plan" under Section 457 of the Code, and all other applicable provisions of law and the Treasur Regulations issued thereunder. [Amend Section 3.3 as follows] 3.3 The Employer shall withhold or cause to be withheld from any Amounts Deferred and from any amounts distributed from Participants' Accounts, all federal, state, city or other taxes as shall be required pursuant to any law or governmental ruling or regulation including but not limited to Treasury Re ulg ations-or--ruling. [Amend the second,senterice of Section 7.4(b) as follows] Such distribution shall commence not later than the December 31st ofjthe Year inunediately following the Year in which the Participant died or, in the event such Beneficiary is the Participant's Surviving Spouse, on or before the December 31st of the Year in which such Participant would have attained age 701fz, if later (or, in either case, on any later date prescribed by regulation". f the U.S. epar4ment=-e€the Treasury_Resulatiotr). (Amend Section 11.11 as follows] 11.11 The Plan and all rights. thereunder shall be governed by and construed in accordance with the Code and the Treasury Regulations promulgated thereunder and the laws of the Slate. 8' TYI)ogr-Aphicnl Corrections (Amend Section 1.18 follows] 1.18 "Regulations" nicans . . . . [Antend Section 2.](b) as follollul Each Employee . . . participant in a plan described under Sections . . . 70 AUGUST 20. 1996 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 Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following' budget for the 1996 Consolidated Highway Improvement Program (CHIPS) administered by the Highway Department: Revenues: DB1 .3501 .00 State Aide Consolidated Highway Aid $ 701,630.93 Appropriations: DB1 .5112.2:400.905 Consolidated Highway Improvement Capital Outlay Highway Resurfacing/Reconstruction $ 201,630.93 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 Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 23rd day of July, 1996, a Local Law entitled, "A Local Law in Relation to Bulk and Parking Schedules"; .and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the _ Suffolk County Department of Planning for recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, September 3, 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 Bulk and Parking Schedules BE IT ENACTED by the Town Board of the Town of Southold as follows: I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-32 (Bulk, area and parking regulations)is hereby amended by adding the following: No building -or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conform_ s to the Bulk Schedule and parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. ll . This Local Law shall take effect upon filing with the Secretary of State. * Additions underlined. B.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman .Oliva; Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9— Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of . the Town of Southold hereby authorizes a refund of $200.00 to Felice Semon, which sum represents one-half of the filing fee for Appeal No. 4375 to the Board of Appeals; said refund all in accordance with the recommendation of the Board of Appeals. 9•- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 20. 1996 71. 10.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $75.00 to John M. Wagner, Esq., on behalf of Richmond S. Corwin, Jr., which sum represents a portion of the $400.00 filing fee for Appeal No. 4390 to the Board of Appeals; said refund all in accordance with the recommendation of the Board of Appeals. 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 Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Quality Review Act in the matter of the petition of Riverhead Building Supply Corp. for a change of zone from Hamlet Density (HD) Residential District to Light Industrial Park/.Planned Office Park (LIO) District on certain property located on the south side of NYS Route, Greenport, SCTM#1000-46-1=2.1, consisting of 3.5 acres. 11 .- Vote of the Town Board: Ayes: Justice . Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor . Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Charles J. Voorhis & Associates, Inc., at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of Riverhead Building Supply Corp. for a change of zone from Hamlet Density (HD) Residential District to Light Industrial Park/Planned Office Park )LIO) District; said review to include applicant's Part I. prepare a Part II and Part III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. 12.-Vote of the Town Board: Ayes: Justice , Evans, Councilwoman . Oliva, Councilman Townsend, . Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. 13.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, WHEREAS, a petition has been received from Riverhead Building Supply Corp. for a change of zone on certain property located on the south side of Route 25, Greenport, New York, from Hamlet Density (HD) Residential District to Light Industrial Park/Planned Office Park (LIO) District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman. Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. 14.-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 agreements with the following individuals for the Fall 1996 Recreation Programs, all in accordance with the approval .of the Town Attorney: 72 AUGUST 20. 1996 Thomas Andrejack (Faux Finishes)....................................................... $20/hour Lisa Baglivi (Introduction to Watercolor)............................................... $25/hour Harry Beresford (Men's Basketball)...................................................... $15/class Thomas Boucher (Guitar Lessons)....................................................... $20/hour Laurie Jean Como (Piano).................................................................... $20/hour Maureen Clancy (Senior Writing)......................................................... $20/hour George Constantinidis (Smoking Cessation, Perm. Weight Loss)....... $12/person Betty Crowson (Self-Discovery) ...................................... $20/hour Shirley Darling (Tennis).......................................... .............................. $18/cl2ss Dreamlike Marionette Co. (Puppet Show)............................................. $250/show Lauren Egan (Adult CPR)..................................................................... $40/person (Pediatric CPR).............................................................. $25/person East End Insurance Services Defensive Driving) $35/person ( ............................... Tom Fox Cartoon Drawing) $24/class Dan Gebbia (Dog Obedience)............................................................. $451dog Dalia Gorman (Yoga)............. ............. $25/class Linda Knoernschild (Volleyball).......................................................... $20/class Eleonora Kopek (Arts & Crafts)........................................................... $24/class Mattituck Lanes (Bowling)................................................................... $32/person Karen McNeil (Cheerleading).............................................................. $20/hour Jim Mikelbank (Youth Basketball)..................... ... $20/hour ................................. Basil Northam (Adventures on the North Fork).................................... $17/hour Theresa Pressler (Youth Program)..................................................... $17/hour Martha Prince (Step Aerobics)..............................................:............. $20/hour Riverside Gymnastics (Gymnastics)................................................... $50/person Jeanne Ruland (Body Sculpting/Aerobics).......................................... $20/hour Steve Smith (Weight Training)............................................................. 7/your Joann Terkowski ( International Folk Dancing)................................... $18/hour Mary Van Deusen (Country Western Line Dancing)........................... $30/hour Chris Vedder (Golf)........'................. $37.50/person Dorothy Wolf (Refresher Bridge)....................................................... $25/hour YMCA of Long Island (Parent/Toddler Program)..................•.............1' $48/parent 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 Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following 1996 Beach Attendants and Lifeguard: BEACH ATTENDANTS . Patrick Murphy (1st year).................................................... $ 5.83/hour Jeremy Wilhelm (1 st year).................................................. 5.83/hour LIFEGUARD Courtney Gallagher (1 st year)............................................ $ 7.42/hour 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 Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Deputy Supervisor William D. Moore to execute the 1995-96 PBA Contract, all in accordance with the approval of the Town Attorney and the Town's Labor Management Consultants. 16.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Flussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 20. 1996 7.3 17.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby . authorizes and directs Supervisor Jean W. Cochran to execute an Extension Agreement between the Suffolk County Office for the Aging and the Town of Southold for the Community Services for the Elderly (CSE) Day Care Program, to extend the term of the agreement from March 31, 1996 to March 31, 1997., at a total agreement cost of $20,867.00; all in accordance with the approval of the Town Attorney. 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 Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby extends the appointment of Roxana L. Crux, Seasonal Clerk Typist for the Police Department, for one month, effective September 1, 1996 through September 30, 1996, 35 hours per week, at a salary of $6.82 per hour. 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 Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED. that the Town Board of the Town of Southold hereby authorizes the following modification to the 1996 General Fund Whole Town budget to provide funding for the Supervisor's car: To: A1640.4.400.750 Central Garage Contracted Services Automobile Leases $ 1,150.00 From: A9010.8.000.00 New York State Retirement Employees Retirement $ 1,150.00 19.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. ` This resolution was duly ADOPTED. 20.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the 1996 Budget to provide additional funding for the Fishers Island Metal Dump project: General Fund Whole Town To: A9901 .9.00.100 Transfers to Other Funds Transfers to FI Metal Dump Capital Fund $ 8,118.00 From: A9010.8.000.00 New York State Retirement Employees Retirement System $ 8,118.00 Fishers Island Metal Dump Revenues: H8.5031 .00 Transfers from Other Funds Transfers from GeneraF Fund Whole Town $ 8,118.00 Appropriations.: H8.8160.2 Refuse & Garbage, Capital Outlay FI Metal Dump Remediation $ 8,118.00 20.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7 � AUGUST 20. 1996 21 .- Moved by Councilwoman Oliva, seconded by Justice Evans, it was WHEREAS, the Board of the Fishers Island Ferry District advertised for bids for the reconstruction of the East Ramp in Silver Eel Cove, Fishers Island, N.Y., in accordance with plans and specifications prepared by DOCKO, Inc., and two - bids were received, the upon review, the bid of Chesterfield - Associated Inc. was found to be the lowest responsible bidder; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners to accept -the $143,000.00 bid of Chesterfield Associates Inc., and enter into a 'contract with them to accomplish the East Ramp Reconstruction all in accordance with the plans and specifications. 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 Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane, Cutchogue,- on Saturday, October 5, 1996, between the Village Green and the Library (with the road blocks to be placed so as not to. block the entire Library parking lot, and continue south to the end of the Village Green to allow access to all homes from the other end of Case's Lane) between 9:00 A.M. and 5:00 P.M., as a safety precaution during the annual Harvest Fair to be held by the Mattituck Lioness Club on the Village Green, Main Road, Cutchogue, N.Y., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 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 Councilman Moore, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Mary Mulcahy Jackson as Southold Town Recycling Coordinator, effective August 19, 1996 through August 19, 1997, she to serve in this position without compensation. 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 Townsend, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ann Morris as a part-time Clerk Typist for the Building Department, effective immediately through December 2, 1996, 17-1/2 hours per week, at a salary of $6.82 per hour. . 24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman - Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 25.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trius, Inc., in the amount of $168,811 .00, for supplying the Southold Solid Waste Management District with one (1) Jenz American Model AZ35 Mobile Leaf and Yard Waste Shredder, all in accordance with the bid specifications. 25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was..duly ADOPTED. ' 1. AUGUST 20. 1996 7 D 26.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Ehrbar, Inc. , in the amount of $139,492.95, for supplying the Southold Solid Waste Management District with one (1) Re-Tech P622 Trommel Screening Plant ($109,552.95 and Auxiliary Stacker- with necessary operating hydraulics ($20,940.00), all in accordance with the bid specifications. 26.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman ' Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 27.-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 notify the Suffolk County Department of Law that the Town is interested in acquiring a parcel of property to be offered, for sale at public auction which adjourns Town property: SCTM#1000-056-01-002.0311, part of Pond Avenue, located on the easterly side of Laurel Avenue, Southold. 27.-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: We will stop at this point for the public hearings scheduled at 8:00 o'clock. Moved by Justice Evans, seconded by Councilwoman Hussie, 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 8:50 P.M. SUPERVISOR COCHRAN: We will continue with our resolutions, and we will pick up with number 28. Ladies and gentlemen, if you would like to stay there is a proposed resolution, number art, acting on the hearing that you just had, so if you are interested in knowing the results I would invite you to. stay. 28.-Moved by Councilman Moore, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 20th day of August, 1996, a Local Law entitled, "A Local Law in Relation to Speed Limits •- Boats"' now, therefore, be it RESOLVED that the - Town Board hereby sets 5:02 P.M., Tuesday, September 3, 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 Speed Limits' -Boats BE IT .ENACTED, BY THE Town Board of the Town of Southold as follows: I . Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1. Section 32-31 is hereby amended by addiri,g the following: BOATS - Every vessel, inc;luciiiic but not limited topersonal watercraft and specialty frroperaff, propelled in any manner. 2. Section 32-34 is hereby deleted in its entirety. 3. Section 32-35(C)(1) is hereby deleted in its P11tirety. 4. Section 32.36.3 is hereby amended by addi ig life following: I. No boat propelled gtlI( r than by hand shall cruise or be operated within one flundreci 100 feet of a bathingfloat or any lifelines delineating,a swimrniny area. 5. Section 32.36.3(F) is hereby deleted in its entirety. 76 AUGUST 20. 1996 6. Section 32.36 is hereby amended by adding the following new Subdivision C and reletlering subsequent subsections: C. No boat, as defined in section32_3I, propelled other than by hand, shall operate in excess of fives miles per Boor within five hundred (500) feet of ar��shorelirie,_rror shall such boat be operated in excess of five_(5) miles per hour within lift o0) feet of any person bathingor swimming or anchored or moored boat. 7. Section 32.38 is hereby amended by adding lhe following: Nothing herein contained shall prohibit the Town Board of the Town of Southold from issuing special permils ,Kith reasonable conditims for aquatic events, boat races or other such events under proper supervision in limited areas for limited periods. II . This Local Law shall take effect upon filing with the Secretary of State. * Additions underlined. COUNCILMAN MOORE: What we're trying to do in this, you'll see it in the newspaper legal note, is address issues that have been raised about jet skis. This is a big issue. It has drawn a lot of attention to the Board, a lot of comment upon It, and we are trying to. compress down a whole variety of conflicting, or confusing regulations in relation to speed on the waters near our shores. So, I encourage you to check the legal notice when it comes out, and at the public hearing we're going to explain more fully what that is all about. Right now, we are just setting the public hearing for- the next meeting. 28.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 29.-Moved by Councilwoman Hussle, seconded by Councilman Moore, it was RESOLVED that the Town Board of the l"own of Southold hereby authorizes the waiver of the tipping fee for debris being transported from the Fishers Island Metal Dump to the Southold Town Disposal Area, Cutchogue. 29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Southold Town Police Advisory Committee to analyze Southold Town Police procedures and' casts and make suggestions to management that would improve efficiency and effectiveness; and be it FURTHER' ' RESOLVED that the Southold Town Police Advisory Committee shall consist of seven (7) members: Chief of Police Joseph Conway, . Councilman William D. Moore; and five (5) members of the public, who will serve without compensation. for a period of one (1) year; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for resumes for the five (5) members from the public. COUNCILMAN TOWNSEND: Before this goes to vote I would like to comment. This follows a long process that has been going on for a couple of years, and I think It's a step in following up on the Committee for Local Taxes encourages us -to do, to look at the needs in the community, look at the way departments are being run, and try to change it the best way possible at the lowest cost possible. That's what the goal of this committee is. I think the Board is in agreement that we can do this. This is In no way an attack, or challenge the Police Department. What it is, is an attempt to make their job more interesting, actually, and also make it more cost effective. AUGUST 20. 1996 -7 7 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 Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 28, adopted on July 23, 1996, appointing Joseph S. Wysocki as a Police Officer, to change the effective date to September 10, 1996. 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 Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carlisle E. Cochran as a Lieutenant on the Southold Town Police Department, from the Suffolk County Department of Civil Service Certification of Eligibles, effective August 21, 1996, at a base salary of $76,332.00 per annum. 32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie. Abstain: Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I would like to just take a moment, and this is more or less a traditional thing that we do. We did it with our new Chief of Police. I would like to first thank the Town Board for being fair in their judgement. Sergeant Cochran becoming Lieutenant, as you know he is my son. His father and I are proud of him on his accomplishment. He was number one on the list. He has earned this position, and - he will do a fine job for the Town of Southold. So, if .I may Lieutenant Cochran, would you please come forward, and your wife, Joan, would you please come forward, and your children, Abigail and Carlisle? It's traditional that a wife of Police Officer pins their promotion on the husband. Abigail, and your brother, Carlisle like to give your dad his Lieutenant bar? Congratulations. 33.-Moved by Councilwoman Oliva, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 8th day of August, 1996, a Local Law entitled, "A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 30, Laws of 1996, of the Eligible Employees of the Town of Southold"; and WHEREAS, a public hearing was held on this Local Law on the 29th day of August, 1996., at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 14 - 1996, which reads as follows: , LOCAL LAW NO. 14 - 1996 A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 30, Laws of 1996, for the Eligible .Employees of the Town of Southold BE IT ENACTED BY THE Town Board of the Town of Southold as follows: Section 1 . The Town of Southold hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 30, Laws of 1996. Section 2. The commencement date of the retirement incentive program shall be October 3, 1996. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be ninety (90) days in length. Section 4. the actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum or in five (5) annual installments. The amount of the annual payment shall be determined by the Actuary of, the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under the local law. Section 5. This act shall take effect August 20, '1996. S AUGUST 20. 1996 33.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. art.-Moved by Councilwoman Hussie, seconded by Justice Evans, WliEREAS, there was presented to the Town Board of the Town of Southold, on the 8th day of August, 1996, a Local -Law entitled, "A Local Law Requesting the New'" York State Legislature to Approve Legislation Permitting a Binding Referendum on the Creation of Peconic County in the Towns of East Hampton, . Riverhead, Shelter Island, Southampton, and Southold and Requiring a Four Fifths Vote of the Town Board of the Town of Southold in Approving any Actions Relating to the Creation of Said County"; and WHEREAS, a public hearing was held on this Local Law on the 20th day of August, 1996, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town.'. Board hereby enacts Local Law No. 15 - 1996, which reads as follows: LOCAL LAW NO. 15 - 1996 A LOCAL LAW REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE LEGISLATION PERMITTING A BINDING REFERENDUM ON THE CREATION OF PECONIC COUNTY IN THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER ISLAND, SOU'THAMPTON, AND SOUTHOLD AND REQUIRING A FOUR FIFTHS VOTE OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD IN APPROVING ANY ACTIONS RELATING TO THE CREATION OF SAID COUNTY. BE IT ENACTED, by the Town Board of the Town of Southold, as follows : Section I . Legislative Findings . It is hereby found by the Town Board of the Town of Southold that the creation of a new county in the State of New York from the Towns of East; Hampton, Riverhead , Shelter Island, Southampton, and Southold is an issued that has been long discussed among the residents of these East End Towns . It has- been the ultimate goal to achieve the passage of state legislation which :could create the new county, to be known as Peconic County, subject to the final approval of the people of these East End 'Towns through a binding re f e r.endunr . To that end, a F.i.nancial. Feasibility Study was completed in 1995 to investigate whether the creation of Peconic County was financially feasible and to provide East End residents with the necessary information to make an informed decision on the creation of the new county . Said Study was funded through the joint efforts of: the State of New York and the. five East End Towns . The Study was completed - by an independent and objective municipal. financial man agement. f.irm under the auspices of the East End Economic and Environmental 'Task Force . Said Study concluded that not only was the creation of Peconic County feasible, .it was fiscally desirable . In summary, the study found that due to the strong second - home economy on the East. End, the East End generates 14 . 4% of all Suffolk general fund tax revenues despite having only 8'* of the year round population . Further, that: because of this strong revenue base and the level of services provided by Suffolk to the East End, each year East End residents pay about $20 million more in taxes than the cost of providing county services to the East End . The result is that the creation of Peconic County would result in a reduction in the County portion of the real property tax burden of over 50% . In addition, the study provided for a division that would be -Pair to the remainder of Suffolk County . While the tax savings to the East End would be substantial , the loss of tax revenue to Suffolk would represent only about 1 . 251 of all its total revenue . Further, Suffolk would be compensated for the East End ' s share of existing count- AUGUST 20. 1996 7 9 liabilities in an amount equal. to the East End ' s current tax contribution for such liabilities . Today, Peconic County' s share of these liabilities would be about $75 million . In addition, Suffolk would continue to share .in the use of such assets as ,parks , open spare, the jail. and community college . Said Feasibility Study has been subject to intense public scrutiny over the last year, including numerous public hearings and intergovernmental reviews . The conclusions of the study have withstood such review. The Town of Southold now wishes to proceed with the next step towards the creation of Peconic County. 'Through this local law the 'Town Board of the 'Town of Southold hereby requests that the New York State Legislature adopt legislation establishing a procedure by which Peconic County may be created, subject to final. approval. of the voters of: the East End Towns . Further, this Town Board believes that the creation of the new county shall require clear and convincing support from its constituent towns if it is to be successful . To help insure that such clear and convincing support exists , it is also the purpose of this Local law to require that any action taken by the Town of Southold to advance the creation of Peconic County must be approved by a four fifths vote of the Town Board. It is understood that subjecting actions of the Town Board advancing the creation of Peconic County to a four_ fifths vote instead. of a simple maJ ority will curtail the power of the Town Board under. Section 23 ( 2 ) ( f) of the Municipal Home Rule Law, thereby subjecting this local Law to a mandatory referendum (See Comptroller ' s Opinion 78- 735 ) . The Town Board wishes to subject this local to a referendum, not only to permit voters to. decide' on the issue of requiring a four fifths dote of the Town Board on actions advancing the creation of Peconic County, but also to allow voters to express their position on the Town ' s request that the State Legislature' create Peconic county subject to the approval of voters of the East End in binding referendum. Finally, it is understood that Section 63 of the Town Law requires that actions of the Town to advance the creation of Peconic County be approved by only a simple majority of the Town Board . Pursuant to Section 10 ( 1 ) (d) ( 3 ) of the Municipal Home Rule Law, the Town Board expressly supersedes the application of the Town Law in such instances . Section 2 . Request for, State Legislation . The Town Board of the Town of Southold hereby requests that the New York State Legislature adopt legislation establishing a procedure under which the voters of the 'Towns of East Hampton, Riverhead , Shelter Island, -Southampton, and Southold, in a binding referendum, ' can decide the question of creating a new county, to be known 'as Peconic County, from the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold . Section 3 . Four Fifths Vote Required for Town Board Votes to Advance Peconic County. Actions by the Town Board of the Town of Southold which advance the creation of Peconic County shall require a four fifths vote of the Town Board . For the purposes of this section, "action" shall include any resolution which authorizes the appropriation of money, the institution of legal action, directs a Town officer or employee to take an action, or any other activity designed to advance. the creation of Peconic County. Section 4 . Form or Proposition. Pursuant to Section 23 ( 2 ) ( f) of the Municipal Home Rule Law, this local law curtails the powers of the Town Board requiring a mandatory referendum. Therefore, the following proposition shall. be submitted to the electors of the Town of Southold at the general election to be field November 5 , ' 1996 : AUGUST 20. 1996 "Shall LOCAL LAW NO. OF 1996, ENTITLED 'A LOCAL LAW REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE LEGISLATION PERMITTING A BINDING REFERENDUM ON THE CREATION OF PECONIC COUNTY IN THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER ISLAND, SOUTHAMPTON, AND SOUTHOLD, AND REQUIRING A FOUR FIFTHS VOTE OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD IN APPROVING ANY ACTIONS RELATING TO THE CREATION OF SAID COUNTY' be approved?" Section 5. Severability. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgement shall have been rendered.. Section 6. Effective Date. This local law shall take effect after approval at the general election to be held November 5, 1996 by the affirmative vote of the qualified electors of the Town of Southold upon the proposition. COUNCILMAN MOORE: I, would like to make a comment before 1 vote. There is an expression .in the law that says, hard cases make bad law. What it means is you want to get somewhere, but there is no really good rational reasonable approach straight down the road that can get you there. The fear is that the consequence you can end up with some pretty crazy results later on down the road. We have got a case involving this process that we have all been concerned about, and talked about. It is a hard case. It is a hard case born of the frustration of thirty years, because of . the way the process works up in Albany. I am not crazy about the law. I don't think it's a good law as the process goes, but it's born of frustration, and as frustration I appreciate, and I recognize, because we can't seem to make one man in Albany allow elected representatives to get a piece of legislation on the floor for a vote. That rule in Albany makes no sense to me. That's the rule I feel like saying, go after that and change it. However, I recognize the frustration. I appreciate the frustration, and if allowing a vote here can in one way give a small step toward getting a binding referendum that will mean something to Albany down the road, then I vote, yes, to this process, recognizing I don't like the procedure, I don't like the law, but if we can get a message to Albany, then we'll do it. I vote, yes. COUNCILWOMAN OLIVA: I would just like to say I am looking forward to seeing a tremendous amount of information being brought to the people of the Town of Southold any way you can from small groups to large groups, and newspapers, because the less the people are informed I do not think you are going to get the advisory referendum answer that you want to get. COUNCILMAN TOWNSEND: ' I would like to comment also. Thirty years is a long time to wait for an issue to come to the people. Yes, it is, a difficult question, and it is :(tape change) SUPERVISOR COCHRAN:. I would like to, just once again, say to Supervisor Sherman', and Fred, give the public all the information you possible can, and I will vote, yes, to make it unanimous. 34.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman' Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. AUGUST 20. 1996 SUPERVISOR COCHRAN: As the close of our meetings I usually ask for reports from the Town Board. I think I will forego that tonight, because it has been a long day. If there is anyone that would like to address the Town Board on any other topic now is the time for your input. Is there anything else, any other concerns, that you would like to share with the Town Board we certainly are here to hear them. (No response.) If not, will ask for a motion to adjourn. Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:00 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