HomeMy WebLinkAboutTB-02/20/1997 355
SOUTHOLD TOWN BOARD
FEBRUARY 20, 1997
EXECUTIVE SESSION
9:10 A..M.
On motion of Councilwoman Oliva, seconded by Councilwoman Hussie, it was Resolved
that . the Town Board enter into Executive Session to discuss PBA contract
negotiations with negotiator Jamie Baker. Vote of the Board: Ayes: Councilman
Moore (Deputy Supervisor), Councilwoman Hussie, Councilwoman Oliva, Justice
Evans. Absent: Supervisor Cochran, Councilman Townsend. Also present: Town
Clerk Terry, Town Attorney Dowd.
10:00 A.M. - Building Inspector Gary Fish met with the Town Board to discuss
attendance at a Building Officials conference (resolution 31 ) , and orientation of the
new Building Inspector Michael Verity.----The Town Board then proceeded to For
Discussion items: Town Attorney Dowd and Councilwoman Oliva reported on the
progress of Cablevision franchise negotiations with the five East End Towns. The
goal for concluding negotiations will be June 20th, with public hearings and a
signing in July: The Board expressed considerable interest in the establishment
of a TV studio in one of the Southold Town schools, perhaps through an inter-school
agreement. John Figliozzi, New York State Public Service Commission consultant,
will be invited to meet with the Board at an upcoming work session.----A resolution
(32) was placed on the agenda setting the price for sale of the "Register of
Designated Landmarks".----Memorandum from Solid Waste Coordinator Bunchuck
suggesting the purchase of a Town bag vending machine. Councilwoman Hussie will
_discuss the proposal with Mr. Bunchuck.----Board set February 25th to interview
candidates for Police Sergeant.----Justice Evans presented a proposal from the
Suffolk County Departments of Planning and Health for an addi.tion to the County
Sanitary Code Article 4-Water supply to cover the regulation of the Fishers Island
water supply. The rules would regulate underground and above ground storage
of hazardous material, setbacks of sanitary systems to surface water bodies and
phaseout of underground storage tanks. The Board agreed the regulations should
be enacted through the Town of Southold Zoning Code, and will schedule a public
hearing - at the August annual Town Board meeting on Fishers Island.----
Councilwoman Hussie asked the Board if they would be interested in going out to
bid for the disposal of solid waste and possibly construction and demolition debris.
She has information of the fact there are better prices being offered than those now
being paid by the Town. The Board authorized Councilwoman Hussie to refer this
to the Solid Waste Task Force and make preparations to go to bid.----Applications
for funding under the Southold Town Grants Program were reviewed. Inasmuch as
there were so few applications, the requests will be held for the March 4th work
session, and in the meantime the Town Clerk will send applications to the 1996
recipients who had not applied.- -Resolutions (33 & 34) were placed on the agenda
granting permission to Recreation Supervisor Reeves to attend a conference, and
to authorize the expenses for same.----The Town Board members shared information
they gathered at the recent Association of Towns conferences in New York.----Town
Attorney Dowd discussed a letter from the Dickerson family with regard to the
proposed subdivision of their property on Youngs Avenue, Southold, for which the
development rights have been sold to the Town. She advised the Board that it will
be necessary for Supervisor Cochran to execute a waiver of the deed requirements
which restricts subdivisions for agricultural purposes only. A resolution will be
drawn up for the March 4th Town Board meeting.----Councilwoman Hussie asked the
Town Board to consider the purchase of PC Code Book, recently demonstrated by
General Code Publishers Corp. The Town Board members and Town Attorney Dowd
agreed this would be an important tool, and a resolution (35) was placed on the
agenda for a budget modification to provide for the payment of same.
356 FEBRUARY 20, 1997
11 :35 A.M.. - The Town Board reviewed the resolutions to be voted on at the 4:30
P.M. Regular Meeting.
EXECUTIVE SESSION
11 :55 A.M. - On motion of Councilwoman Oliva_ seconded by Councilwoman Hussie,
it was Resolved that the Town Board enter into Executive Session to discuss
employment history. Vote of the Board: Ayes : Councilman Moore, Councilwoman
Hussie, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town
Attorney Dowd.
12:45 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on February
20, 1997, at . the Southold Town Hall, Main Road, Southold, New York.
Deputy Supervisor Moore opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Councilman William D. Moore (Deputy Supervisor)
Councilwoman Alice J . Hussie
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Absent: Supervisor Jean W. Cochran
Councilman Joseph L. Townsend, Jr.
COUNCILMAN MOORE: May we have a motion for the approval of the audit
of bills of February 20, 1997?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $129,926.57; General Fund
Part Town bills in the amount of $8,187.69; Highway Fund Whole Town bills
in the amount of $24,779.18; Highway Fund Part Town bills in the amount
of $20,365.75; Ag Land -Development Rights bills in the amount of $41 .00;
Employee Health Benefit Plan bills in the amount of $39,344.61; Fishers
Island Ferry District bills in the amount of $85,734.27; Refuse and Garbage
District bills in the amount of $70,058.64; Southold Wastewater District
bills in the amount of $8,786.05; Fishers Island Sewer District bills in the
amount of $764.21; Fishers Island Ferry District bills in the amount of
$183.97.
Vote of the Town Board:. Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: A motion for the approval of the minutes of
February 4, 1997 Town Board meeting?
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the February 4, 1997, Town Board
meeting be and hereby are approved.
Vote of' the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: A motion for approval of the minutes of February 6,
1997.
FEBRUARY 20, 1997 357
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the February 6, 1997, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: A resolution setting our next Board meeting.
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the next Regular Meeting of the Southold Town Board,
will be held at 7:30 P.M., Tuesday, March 4, 1997, at the Southold Town
Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: It's my pleasure to sit in for Jean, who is not here
today, and we are reduced numbers, so we will just keep right on moving.
I . REPORTS.
COUNCILMAN MOORE: Reports are as shown on your agenda, and copies
can be found in the Town Clerk's Office.
1 . Southold Town Animal Shelter Monthly Report for January, 1997.
2. Lawrence Healthcare Town Claim Analysis Monthly Report for
January, 1997.
3. Lawrence Healthcare PBA Claim Analysis Monthly Report for
January, 1997.
4. Southold Town Justice Bruer's Monthly Court Report for
January, 1997.
5. Southold Town Trustees Monthly Report for January, 1997.
6. Southold Town Community Development Monthly Report for
December, 1996.
7. Southold Town Community Development Monthly Report for
January, 1997.
8. Fishers Island Garbage and Refuse District Report for Fiscal Year
1996.
9. Southold Town Police Department and Juvenile Aid Bureau Report
for January, 1997.
10. Southold Town Justice Evans' Monthly Court Report for January,
1997.
11 . Southold Town Justice Bruer's Monthly Court - Report for
January, 1997.
II . PUBLIC NOTICES.
COUNCILMAN MOORE: Public Notices and Communications are listed in the
agenda.
1 . U. S. Corp of Army Engineers, New York District, application of
Reydon Shores Property Owners to dredge with ten years maintenance
and upland disposal, and install floats in Southold Bay, Shelter Island
Sound, Southold, New York. Written comments to be received .by March 14,
1997.
III . COMMUNICATIONS.
1 . Thomas F. Oelerich, Acting Regional Traffic Engineer, New
York State Department of Transportation in regard to the safety concerns
at Route 25 at Love Lane in Mattituck.
2. Courtney T. Burns, Director of Oysterponds Historical
Society Museum in appreciation of Supervisor Cochran''s interest in
Southold's history.
3. Eastern Long Island Quilter's Guild, Inc. extending a thank you
to the Town for supporting their group with a donation to the Tasker
Park playground.
3,5
FEBRUARY 20, 1997
4. Suffolk County Executive Robert J . Gaffney requesting a Town
Flag for displaying.
5. Bernadette Castro, Commissioner and State Historic Preservation
Officer, New York State office of Parks, Recreation and Historical
Preservation in regard to Fort Corchaug.
6. Mary Raynor, Coordinator of Loaves and Fishes Program with
appreciation for the Grant they obtained from the Town.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M. on Acquisition of a Payloader for the Southold Solid
Waste Management District, pursuant to Section 202-b of the Town Law.
V. RESOLUTIONS.
COUNCILMAN MOORE: We had a rather quick Work Session this morning,
and so we can move right now to resolutions. If there is any comment that
anyone would like to make on resolutions, now is the time to get up and
make your comments.' (No response. ) Seeing no one interested in making
comments on the resolution, let's begin.
1 .- Moved by Justice Evans, 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 County of Suffolk, acting through its duly constituted Office of,
the County Executive/STOP-DWI Program and the Town of Southold for
the 1997 STOP-DWI funding for enforcement activities of Town of Southold
police personnel, effective January 1, 1997 through December 31, 1997, at a
total contract amount of $19,000.00; said agreement all in accordance with
the approval of the Town Attorney-
1 -- Vote
of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
-2.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town of the Town of Southold hereby designates
Councilman William D. . Moore as the Southold liaison to the America Sail `98
Committee.
2.- Vote of the Town Board: Ayes: Councilman Moore, Justice . Evans,
Councilwoman Oliva, Councilwoman Hussie.
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 grants
permission to the Southold Village Merchants Group to use the Municipal
Parking Field on the south side of NYS Route 25, Southold, for their
2nd Annual Craft Fair, on Saturday, May 24, 1997, from 6:00 A.M. to
6:00 P.M., provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
additional insured.
3.- Vote of, the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
4.- Moved by Councilwoman .Hussie, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold has terminated the
services of Enterprise Packaging Corporation for supplying the Town of
Southold with Yellow Plastic Garbage Bags for Calendar Year 1997 because
they were in default of the specifications and failed-. to provide the bags as
required; now, therefore, be it
RESOLVED that the Town Board hereby awards the bid for providing
Yellow Plastic Garbage Bags for the remainder of calendar year 1997 to
Central Poly Corporation, Linden, New Jersey, all in accordance with
their bid opened on November 7, 1996, and the Town's bid specifications.
4.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
FEBRUARY 20, 1997
5.-Moved by Councilwoman Oliva, seconded by Justice Evans, It was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 budget to provide for overexpended
Landmark Preservation Commission lines:
A.7520.1.200.100 Landmark Preservation Commission, P.S.
Part Time Regular Earnings $745.00
A.7520.4.100.100 Landmarks Preservation Commission, C.E.
Office Supplies&Materials 40.00
A.7520.4.400.300 Landmarks Preservation Commission, C.E.
Printing&Engraving 765.00
FI41&
A.7520.4.100.150 Landmarks Preservation Commission, C.E.
Preprinted Forms 250.00
A.7520.4.600.100 Landmarks Preservatibn Commission, C.E.
Restoration Assistance 1000.00
A.7520.4.600.200 Landmarks Preservation Commission, C.E.
Meetings&Seminars 300.00
S.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
6.-Moved by Councilwoman Oliva, 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 agreements
with the following . individuals for the Spring 1997 Recreation Programs, all
In accordance with the approval of the Town Attorney:
Lisa Beglivi (Watercolor)....................................................................... $251hour
Carol Benson (Country Western Line Dancing)................................... $30/hour
Barbara Blossey-Chuvalas (Basketmaking)......................................... $20/hour
Thomas Boucher(Guitar Lessons)...................................................... $20/hour
Marie Christine-Cardalena (Interior Design)........................................ $20/hour
Eugenia Chero.uski (International Folk Dancing).................................. $18/hour
George Constaritinidis (Smoking, Weight Loss)................................... $12/person
George Constantlnidis (Freelance Writing).......................................... $17/person-
Shirley Darling (Tennis).............. ....................................................... $20/class
Dreamlike Marionette Company (Puppet Show).................................... $350/show
Lauren Adult Egan CPR ................................................ $5
9 ( )..................... 0/parson
(Pediatric CPR).............................................................. $35/person
(Heartsaver)................................................................... $30/person
East End Insurance Services (Defensive Driving)............................... $35/person
Bob Fisher (Computers)...................................................................... $25/hour
Dan Gebbia (Dog Obedience)............................................................. $45/dog
Dalia Gorman (Yoga)........................:............................................I..... $25/hour
-Annelore Gstattenbauer (Cooking)....................................................... $20/hour
David Haurus (Golf)............................................................................. $37.50/person
Hidden Lake Farms (Horseback Riding)...........................•................. $17.5/person
Eleonora Kopek (Arts & Crafts)........................................................... $24/class
Mattituck Lanes (Bowling).................................................................. , $32/person
Jim Mikelbank (Youth Basketball).......................................................: $20/hour
Mary Mulcahy (Horseback).................................................................. $165/person
Basil Northam (Adventures on the North Fork)................................... $20/hour
Martha Prince (Step Aerobics)............................................................. $20/hour
Riverside Gymnastics (Gymnastics).................................................... $50/person
Jeanne Ruland (Body Sculpting/Aerobics).......................................... $25/hour
Cynthia Sturner (Ballet).................................•..................................... $20/hour
YMCA of Long Island (Parent/Toddler Program)................................ $25/parent
Chris Vedder (Golf).............................................................................. $37.50/person
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva,. Councilwoman Flussle.
This resolution was duly ADOPTED.
3`60 FEBRUARY 20, 1997
7.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussle, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Thomas Mulligan, Lynn Carlson and Walter Gaipa to the Southold
Town Substance Abuse Committee, effective immediately through October 24,
1997, they to serve without compensation.
7.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
8.-Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1997 General Fund Whole Town Budget to appropriate donated funds to
the new Tasker Park Tot Playground:
Revenues:
A.2705.70 Gifts and Donations
Tasker Park Donations $4200.00
Appropriations:
A.7110.2.500.800 Parks and Equi.pment
Tasker Park Playgrounds $11200.00
8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
9.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold . hereby modifies
the 1997 General Fund Whole town Budget to provide for the purchase, of a
boat trailer for the Bay Constable, as follows:
'To:
A.3130.2.400.200 Bay Constable, Equipment $1000.00
Boat Trailer
From:
A. 1990.4.100. 100 Contingent
Unallocated Contingencies $ 500.00
A.3130.4.400.650 Bay Constable, C.E.
Vehicle Maintenance/Repairs $ 500.00
9.-Vote of the Town ' Board: Ayes: Councilman Moore, Justice Evans;
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
'10.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Joseph Conway as Chief of the Southold Town Police Department, from the
Suffolk County. Department of Civil Service Certification of Eligibles List,
effective February 4, 1997.
10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution .was duly ADOPTED.
11 .,-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Part Town 1996 Budget as follows:
To:
B.3610.1 .200. 100 Building Department, P.S.
Regular Part Time Earnings $ 1,400.00
From:
B.3610.1 .100. 100 Building Department, P.S.
Regular Full Time Earnings $ 1,400.00
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
Resolution #12, amending resolution to extend leave of absence for Building
Department Clerk-Typist Claire Toy, was put on hold.
FEBRUARY 20, 1997 36 1
13.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1996 Southold Wastewater Disposal District budget to cover overdrawn
line Items:
SS
SSI.1320.4.000.000 Ind. Auditing&Accounting S 1,000.00
SS1.8130.1.100.100 Full Time Regular Earnings 20,200.00
SS1.8130.4.100.W Miscellaneous Supplies 110.00
SS1.8130.4.200.100 Telephone 25.00
SS1.8130.4.200.200 Light&Power 1,025.00
SS1.8130.4.400.100 Village Land Lease 6,000.00
SS1.8130.4.400.200 Village Plant Operations 13,225.00
SS1.8130.4.400.800 Sludge Removal 74,500.00
SS1.9010.8.000.000 NYS Retirement 450.00
SS1.9030.8.000.000 Social Security 1,300.00
SS1.9055.8.000.000 CSEA Benefit Fund 230.00
SS1.9901.9.000.000 Transfers to Health Plan 1,800.00
From:
SS1.8130.4.500.9W Unallocated S 119,885.00
13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
14.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby . modifies
the 1996 Fishers Island Sewer District budget to cover overdrawn line items:
Revenues:
SS2.5990.00 Appropriated Fund Balance S 3,300.00
Appropriations.,
SS2.8160.4.000.000 Sewage Treatment, Contractual Expenses S 3,300.00
14.Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
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 modifies
the Genet-al Fund Whole Town 1996 budget to cover overdrawn line items in
the Town Clerk's budget:
To:
A.1410.1 .100.100 Town Clerk, P.S.
Full Time Regular Earnings $ 20.00
From:
A.1410.1•.200.100 Town Clerk, P.S.
Part Time Overtime Earnings $20.00
15.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
16.-Moved by Councilwoman .Oliva; seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Solid Waste Management District 1996 budget to cover overdrawn line
items:
1Zeyenugg.
TO:
SR2130.00 Garbage Removal&Disposal Charges S51,715.34
Aoproyriations•
To•
SR8160.4.100200 Diesel Fuel S170.47
SR8160.4.100.600 Misc Equipment NfaintenanceJSupplies 76.21
SR8160.4.100.650 Garbage Bags 1.10
SR8160.4.400.805 MSW Removal 74,733.45
SR8160.4.400.810 C&D Removal 52,966.64
SR8160.4.500.300 Equipment Lease-Whole Town .14
j 6 FEB'RUARY '20, 1997
From:
SR1490.1.100.100 Administration,Regular Earnings 926.82
SR1490.1.100.200 Admimistration,Overtime Earnings 1,175.78
SR.8160.1.100.100 Refuse&Garbage,Regular Earnings 26,288.01
SR8160.1.100.200 Refuse&Garbage,Overtime Earnings 2,301.79
SR.8160.4.100.500 Motor Vehicle Glass 3.43
SR,8160.4.100.575 MaindSupplies-Leaf Shredder 1,314.34
SR-8160.4.100.580 Maim Ford Tractor 2,162.74
SR.8160.4.100.590 Maint-Made Tractor 523.89
SR.8160.4.200.400 Water 58.63
SR.8160.4.400.100 Engineering 7,681.98
SR.8160.4.400-M Copier Maintenance Contracts 15.08
SR.8160.4.400.500 Computer Hardware Maintenance 575.00
SR-8160.4.400.625 Tire Repair 210.00
SR.8160.4.400.670 Mack Quarry Truck Repairs 1.22
SR-8160.4.400.820 Plastic Recycling 47.94
SR.8160.4.400.840 Hazardous Waste Removal 4,324.38
SR.8160.4.600.200 Meetings&Seminars 142.31
S1L8160.4.600.300 Travel Reimbursement 826.13
SR.8160.4.600.500 Freight&Express Mail 100.00
Mi160.4.600.800 Petty Cash Expenses 277.24
SR.9010.8.000.000 NYS Retirement 9,902.04
SR.9030.8.000.000 Social Security 2,402.30
SR.9040.8.000.000 Workers Compensation 5,094.24
SR.9050.8.000.000 Unemployment Insurance 5,000.00
SR9055.8.000.000 CSEA Benefit Fund 529.84
SR.9901.9.000.000 Transfers to Other Funds 4,35654
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 Councilwoman Hussie, it was
RESOLVED .that the Town Board of the Town of Southold hereby modifies
the 1996 Highway Fund Whole Town budget to cover an overexpended line
item:
To:
DA.9901 .9.000. 100 Transfers to .Capital Fund $ 11 .00
From:
DA.9901 .9.000.00 Transfers to Health Plan $ 11 .00
17.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman x Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
18.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, It was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 budget .to cover overdrawn Building &
Grounds line items:
I
A.1620.4.100.100 Buildings&Grounds, C.E.
Miscellaneous Supplies S 10.00
A 1620.4.100.550 Buildings&Grounds, C.E.
Equipment Parts&Supplies 600.00
A.1620.4.400.700 Buildings&Grounds, C.E.
Building Rentals 500.00
From:
A-1990.4.100.100 Contingent
Unallocated Contingencies $ 1,110.00
18.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
FEBRUARY 20, 1997 363
19.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 budget to over overdrawn Programs for
the Aging line Items:
To:
A.6772.4.100.150 Programs for The Aging, C.E.
Disposables $ 400.00
A.672.4.100.200 Programs for The Aging, C. E.
Gasoline E Oil 175.00
A.6772.4.100.300 Programs for The Aging, C.E.
Travel Reimbursement 25.00
From:
A.6772.4.400.600 Programs for The Aging, C. E.
Equipment Maintenance S Repairs 600.00
19.-Vote of the Town Board: . Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
20.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of. the Town of Southold hereby modifies
the General Fund Whole Town 1996 budget to cover various overdrawn
Justice Court line items:
To
A.1110.1 .100.100 Justices, P.S.
Full Time Regular Earnings $ 750.00
A.1110.1 .200.100 Justices, P.S.
Part Time Regular Earnings 1,750.00
A.1110.4.200.100 Justice, C.E.
Office Supplies/Stationary 400.00
A.1110.4.200.400 Justices, C.E.
Water 5.00
A'.1110.4.600.200 Justices, C.E.
Travel Reimbursement Justice 275.00
From:
A.1110. 1 .100.200 Justices, P.S.
Full Time Overtime Earnings $ 2,800.00
A.1110.2.200.500 Justices, Equipment
Copy Machine 380.00
20.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
21 .-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that- the Town Board of the Town of Southold hereby modifies
the General ' Fund Whole Town 1996 budget to cover line items in the
Assessor's budget:
From:
A1355.4.500.200 Appraisals $ 1,450.00
A1355.4.600.200 Meetings E Seminars 366.75
To:
A1355.4.500.100 Legal Counsel $ 1,816.75
21 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
22.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the modifications of the 1996 Fishers Island Ferry District
budget to balance overdrawn expenditure line items:
To:
SM5610.4 Elizabeth Airport, Contractual Expenses $ 14,561 .37
SM5710. 1 Ferry Operations, Personal Services 14, 105.02
SM5710.2 Ferry, Repairs, Equipment 8,803.43
SM5710.4 Ferry Operations, Contractual Expenses 5,200.92
SM7155.4 Theatre, Contractual Expenses 6,895.00
SM9060.8 Hospital E Medical Benefits 158.36
SM9710.6 Serlal Bond Principal .40
$ 49,823.50
364 FEBRUARY 20, .1997
From:
SM1420.4 Attorney Fees, Contractual Expenses $ 5,000.00
SM1910.4 Insurance, Contractual Expenses 27,517.72
SM1930.4 Insurance Claims, Contractual Expenses 1 ,650.35
SM1950.4 Property Tax 862.26
SM5708.2 Terminal Project, Equipment 6,353.94
SM5709.2 Dock Repairs, Equipment 8,439.23
$ 49,823.50
22.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva,' Councilwoman Hussie.
This resolution was duly ADOPTED.
23.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town of the Town of Southold hereby authorizes
Lawrence Healthcare Administrative Services, Inc. to pay the medial claim
submitted by Stony Brook Ophthalmology for Judith Terry, which claim was
submitted more than 90 days after the date of Service.
23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
24.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Chief of Police Joseph Conway and Lieutenant Carlisle Cochran
to attend a one day seminar concerning disability claims, on Thursday, May
8, 1997, from 9:00 A.M. to 4:00 P.M. , at Hauppauge, New York, and the
$215.00 registration fee per person, and necessary expenses for lunch and
travel, shall be a legal charge to the Police Department's 1997 budget.
24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
25.=Moved by Councilwoman Olive, seconded by The Entire Town Board,
WHEREAS, the Southold Town Graffiti and Vandalism Committee will be
hosting a series of hamlet meetings. for the purpose of instilling community
pride within the hamlets of Southold Town; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declares
1997 as Community Pride Year in the Town of Southold.
25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: We will have the dates of those meeting shortly.
26.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Mullen Motors,. Inc. , in the amount of $24,293.00, for
supplying the Southold Town Highway Department with one (1) 1997 Dodge
W-2500 4X4 Regular Cap Pick-Up with Snow Plow, all in accordance with the
bid specifications.
26.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
27.-Moved by Councilwoman Oliva, seconded by Councilman Moore,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 4th day of. February, 1997, a Local Law entitled, "A
Local law in Relation to Merger"; 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 8:00 P.M., March 4, 1997,
Southold Town Hall, 53095 Main Road, Southold, New York, as time and
place for a public hearing on this Local law, which reads as follow:
A Local Law in Relation to Merger
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:
FEBRUARY 20, 1997 365
1. Section 100-25 (Merger) is amended as follows:
C. Exceptions. Lots which-are recognized under §100-24
and meet any of the following categories shall be exempt
from the merger provision set forth above and shall not
be deemed merged by operation of this chapter.
(4) If the lot is on the maps described in former
§100-12, the nonconforming lot has been held in
single and separate ownership from January 1, 1997
to date, or
(5) Each lot is currently developed with a one family
dwelling with a minimum eight hundred fifty feet (8501
which falls within the existing lot lines and which has
a certificate of occupancy or would qualify for one.
D. Proof of merger. The town may shall require a person
seeking determination of merger to provide any or all of
the following documents for evaluation:
(1) Proof of the date when the lot was created and the
size of the lot, together with a copy of a legal description
of the parcel, all to the satisfaction of the town..
(2) A copy of the current tax map and survey of the lot.
(3) A copy,of the original survey of the lot.
(4) A title search showing single and separate ownership
of the property from July 1, 1983, to the present time
prepared by a Suffolk County title insurance company
indemnifying the Town of Southold with twenty-five
thousand dollars ($25,000.) of insurance.
(5) Other additional information or documentation as may be
deemed necessary.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
28.-Moved by Councilwoman Oliva, seconded by Councilman Moore,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 4th day of February, 1997, a Local Law entitled, "A
Local Law to Relation to Nonconforming Lots"; 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 8:02 P.M. , Tuesday, March
4, 1997, 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 Nonconforming Lots
66 FEBRUARY 20, 1997
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 . Sectiori 100-244 (Nonconforming lots) is amended as follows:
B. .Such lot shall be required to meet the following:
Area ; Yard
(square Lot Front Side Both Sides Rear
feet) coverage (feet) (feet) (feet) (feet)
200,000 to % 60 30 60 100
399,999
120,000 to 10% . 7560 30 60 85
199,999
80,000 to 45-04 200/9 60 3020 6045 75
119,999
100,000 to 4"0 a5 -30 60 55
58�pAA-t9 15% 60 a0 8o 85
98;898
44t00A-80.000 to 20% 60 55 20 45 75
79,999
40.000 to 20°Yo 50 20_ 40_ 50
59.999
20,000 to 20% 40 15 35 50
39,999
Less than 20% 35 4-5-10 25 35
20,000
Il . This Local Law shall take effect upon filing with the Secretary of
State.
* Strikethrough represents deletions
Underline represents additions
28.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
29.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town ' Board of the Town of Southold hereby amends
resolution no. 33, adopted on February 4, 1997, 'by changing the effective
date of the appointment of Building Inspector Michael Verity from February
18, 1997 to February 24, 1997.
29.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
30.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby transfers
Clerk Typist Patricia Conklin from the Board of Appeals office to the
Building Department office,, effective February 13, 1997.
30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Counc Iwoman Oliva, . Councilwoman Hussie.
This resolution was duly ADOPTED.
FEBRUARY 20, 1997 367
31 .-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 1, adopted on February 4, 1997, by designating Cary Fish
and John Boufis as the two Building Inspectors to attend the Finger
Lakes Building Officials Association Conference at Rochester, New York, in
March, 1997.
31 .-Vote of the Town Board: - .Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
32.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby sets a
price of $8.00 (plus tax) for the Landmark Preservation Commission's new
book, "Register of Designated Landmarks", and a price of $6.00 (plus tax -
if required) for the sale of ten (10) or more copies to book stores or
museums.
COUNCILWOMAN OLIVA: I highly recommend the book. It's very good.
32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
33.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Recreation Supervisor Kenneth Reeves to attend the 57th
Annual New York State Recreation and Park Society conference to be held
from May 3, 4, 5, 6, 7, 1997 at the Lake Placid Hilton and the $123.00
registration fee, and necessary expenses for meals, lodging, registration,
seminars and transportation using a town vehicle, shall be a legal charge to
A7020.4.600.200, Recreation Administration, Meetings and Seminars.
33.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
34.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of • Southold hereby
authorizes advance fee checks in the amounts of $123.00 payable to the New
York State Recreation and Park Society and $366.99 payable to the Lake
Placid Convention and Visitors Bureau to enable Recreation Supervisor
Kenneth Reeves to attend the 57th Annual New York State Recreation and
Park Society conference to be held from may 3, 4, 5, 6, 1997, at the Lake
Placid Hilton; charges to be made to A7020.4.600.200, Recreation
Administration, Meetings and Seminars.
34.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
35.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 Budget to provide for the purchase of
PC Code Book:
To:
A.1680.2.400.520 Central Data Processing, Capital Outlay
PC Software $ 4,600.00
From
A.1990.4.100.100 Contingent
Unallocated Contingencies $ 4,600.00
35.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
36.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Andrew K. Lutkowski as a Custodial Worker I, effective March 10, 1997,
at a salary of $25,002.26 per annum.
36.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
FEBRUARY 20, 1997
i
COUNCILMAN MOORE: If anyone out there has a comment to make to the
Board, now is the perfectly good time to do it. At 5:00 o'clock we have a
public hearing, so we will, adjourn to do that, and we will pick up from
there. Any comment from anyone in the. public? Mr. Carlin?
FRANK CARLIN: Good evening, ladies and gentlemen. I don't want you to
think that I disappeared, and forgot about the Board, but like I said, my
submarine wasn't ready, my torpedoes wasn't ready, but they are ready.
But, I'm not going to use! them tonight. I'm going to do what they call a
shakedown cruise. I'm not here to criticize the Board, but I am here to
review something, some facts. I was in McDonald's one night. It was
around this time, and this � lady came in with a little girl, got her order of
food. Then she walked out, holding the girl's hand, and the food with the
other hand, and walked over to the car. When she got to the car, 'now
what happens? She's got ;one girl pulling her hand. She has the food in
the other hand. Now, she, is looking for her keys, but she can't because
her hands are occupied. So, she lets go of the little girl's hand, puts the
food on top of the roof, goes in her pocketbook, and opens the door. I
said to myself, there must be a better way to doing this. Luck would
have it there was no wind. It would have blown the food all off the top of
the roof. It's amazing how in this town all our banks have
drive-throughs. In fact, we have three of them right in Mattituck, one
right by the Hess station, and there is two in fact in the shopping sites.
One on the west side, and one on the east side. If you ever go to
Cutchogue, we have two. We have one in the shopping center, King
Kullen shopping center. As you go to Southold you have more, and
Greenport. It's amazing how we have so many drive-throughs, and yet
such an issue was made of it, was made in the past, probably will be made
now, why we can't have one in McDonalds. Well, you got to review that all
through the five years, that this went on, and incidentally it was mentioned
by the. NFEC today in that letter in today's Suffolk Times it was drawn
out for five years. It shouldn't have been drawn out for five years this
original decision on McDonald's, but what was happening was, a mountain
was made out of a molehill. All those negative issues, that were created
through the five years, the public hearings, smoke, . environment, noise,
headlights, garbage. All those negative issues, they are immature. It's one
of the nicest facilities in all of Southold Town. I said, one of the nicest
in Southold Town. That owner, and I know he is a heck of a nice man,
they bent over backwards) to make that look like it did, to satisfy the
Board, to satisfy the people. They spend a lot of money on landscaping
there to make it look' the way it is. It's really nice. He wasn't open one
month, and he donated a $2,000 check to the Laurel School. He invites the
Mattituck Fire Department to give fire safety classes to the children there.
They do so much. World-wide, let's not forget Ronald McDonald House.
They do so much for the; sick children, and the poor children, and the
homeless children. They :do so much for everybody, and yet everybody
makes a big issue about a idrive-through there. Let's use a little logic now.
You drive in, you go up to the counter, take your food, and you walk out,
and you get in your car. ;You are driving in and out. The only difference
is, you are not getting out of your car. There's no difference, is there?
Logic here, driving in, think about it, you're driving in, you getting your
food, but you are walking out, and you are getting in your car. The only
difference is you don't have to get out of your car, which is convenient for
a lot of senior citizens, and older people, who in the wintertime, or the
weather, find it difficult to get out of a car. It would be a lot easier
for them to purchase their food. It's amazing. It was said, well, we put
in the Zoning Code in 195, 1 believe it was '95. There will be no fast food
drive-throughs, but Zoning Codes are made to be amended. I'm sure
they have been amended in the past in this town. That should be no
problem. What I'm saying is, it seems to me we have a double standard in
this - town. All the drive-throughs are allowed in banks. When one fast
food restaurant wants to have a drive-through, that is taboo. It doesn't
mean the end of the world, that you have a drive-through. It will be
convenient for a lot of people. Let's not worry about ever having to see a
lot of other fast food restaurants coming into Southold Town, like Burger
.King, Roy Rogers. Southold can, support another fast food restaurant. We
got one, I think we should be happy with it. We can't support it. Let's
not get carried away with it. I think that McDonalds in the last eighteen
months was also on a shakedown cruise, and I think everything went fine.
think everything turned out to be not the way we thought it was going to
be. It turned out to be fairly good. No problem. I think they deserve to
FEBRUARY 20, 1.997 369
have an opportunity to go to the next stage, and be issued a drive-through
window. It's not the end of the world for Southold Town. It's
unbelievable. I want to square something away here once and for all. I
read today in that article, that was put in by NFEC in The Suffolk Times
letter today in the paper, 73.50 of the survey two years ago saying that
people were against having restaurant to start with unless we use some
facts here. When the Stewardship Task Force sent out resumes, they sent
out 6,000 of them, and I can prove right here in this issue of the Mattituck
Watchman on January 22, 1994. They sent out 6,000 resumes, and very
strange to a chosen area. They got back 800 of them, 13%. You got to
remember 800, and you have over 21,000 people in this town, so how can
you come up with a accurate count of what the people want using those
kind of figures of 800. 1 figure that to be about one out of every 25
surveyed. then. It's inaccurate, so let's not say that's 730, which is
actually according to this paper it was 550 on that specific poll. It was
only one third of the people in Southold Town, so how can you make a poll
and say. .and they keep say, we. Who's we? Unbelievable. That caught
my eye today. I couldn't let that go by. Eight hundred out of 6,000
returned their reply, and they call that an active poll. ' I don't call it an
active poll at all. I call an active poll, let all the people vote get
everybody's opinion. That's a fair poll, not 150. You dragged it out for
five years. I just hope this isn't going to be one of those dragged out for
five years, a mountain out of a molehill. First thing it never should have
been dragged out for five years. Time will tell. We'll have to see. Think
what I'm saying. This is all my three step formula that I'm always set to
use. I mentioned it the past two times there. A lot of things do, .when you
use this formula of mine, a lot of decisions you can make, logic, common
sense. You use those three you come out with a pretty accurate decision
on anything, but you must use all three. You can't be one sided. Thank
you.
COUNCILWOMAN HUSSIE: Resolution #25 declared 1997 as Community Pride
Year in the Town of Southold, and more specifically March is. Community
Pride Month. This is an effort to keep Southold beautiful, as beautiful as
it is, and in deed, make it even more beautiful, if that is possible.
Towards that end there are a number of hamlet meetings scheduled. They
are going to go from east to west, so kind of zero in on when your
particular hamlet is having this meeting, and please, try to attend. On
Monday March 3rd it will be at the Oysterponds School. On Thursday
March 7th in East Marion at the Fire House. On Monday March 10th at
the Creenport School. At .the Southold School on Wednesday, March 12th.
On Monday, March 24th, Cutchogue East School. Wednesday, March 26th
at the New Suffolk School. March 31 st, which is a Monday at the Human
Resource Center in Mattituck, and Wednesday, April 2nd at the Laurel
School. All of these meetings are at 7:30, and you are urged to attend.
This is your opportunity to come in with your ideas to keep things
beautiful, or on the other hand, perhaps you have something that needs
some beautification. We have to hear from you. That's all.
COUNCILMAN MOORE: Thank you. It's five o'clock.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 5:00 P.M. , for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
Meeting reconvened at 5:04 P.M.
370 FEBRUARY 20, 1997
37.-Moved by Councilwoman Oliva, seconded by Justice Evans,
A regular meeting of the Town
Board of the Town of Southold,
in the County of Suffolk, New
York, was held at the Town
Hall, in said Town, on the
20th day of February, 1997 .
PRESENT:
William D. Moore, Councilman, Deputy Supervisor
Alice J. Hussie, Councilwoman
Ruth D. Oliva, Councilwoman
Louisa P. Evans, Town Justice
In the Matter
of the
Acquisition of a Payloader for the Southold
Solid Waste Management District, . in the Town
of Southold, in the County of Suffolk, New
York, pursuant to Section 202-b of the Town
Law.
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein
called "Town Board" and "Town" , respectively) ,' in the County of
Suffolk, New York, on behalf of Southold Solid Waste Management
District, in the Towii (herein called "District") , has requested
i
the acquisition of a payloader for the District, at the estimated
cost of $90, 000; and
WHEREAS, pursuant to the Order Calling Public Hearing
To Be Held On February 20, 1997, adopted January 29 , 1997 , a
public hearing was duly held by the Town Board on • the • 20th day of
. February, 1997 at 5: 00 o'clock P.M. (Prevailing Time) at the Town
Hall, Southold, ' New York,- in the Town, and considerable
discussion on the matter has been had and all persons desiring to
be heard have been heard, including those in favor of and those
in opposition to said acquisition of a• payloader for the Southold
Solid Waste Management District; and
FEBRUARY 20, 1997 3•74
WHEREAS, the Town Board has given due consideration to
the impact that the acquisition of a payloader for the District
may have on the environment and on the basis of such i
consideration, the Town Board has found that no substantial
adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in
every respect with all applicable federal, state and local laws
and regulations regarding environmental matters including
compliance with the New York State Environmental Quality Review
Act, comprising Article S of the Environmental Conservation Law
and, in connection therewith, a duly executed Short Environmental
Assessment Form has been filed in the office of the Town Clerk;
NOW, THEREFORE, on the basis of the information given
at such hearing, it is hereby
DETERMINED, that it is in the public interest to
acquire the payloader for the District as hereinabove described
and referred to at the estimated total cost of not to exceed
$90, 000; and it is hereby .
ORDERED, that the facilities of the District shall be
so increased and improved and that such payloader shall be
acquired and, further, that the Engineer heretofore retained by
the Town Board shall prepare specifications and make careful
estimates of the expense of said increase and improvement of the
facilities and with the assistance of the Town Attorney, prepare
a proposed contract or contracts for the acquisition of such
payloader, which specifications, estimate and proposed contract
shall be presented to the Town Board as soon as possible; and it
is hereby
FURTHER ORDERED, that the expense of increasing and
improving such facilities by said acquisition of a payloader
shall be financed by the issuance of not to exceed $90, 000 serial
bonds of the Town, and the costs' thereof, including payment of
principal of and interest on said bonds, shall be paid by the
7 2 FEBRUARY 20, 1997
assessment, levy and collection of special assessments upon the
several lots and parcels of land within the District which the
Town Board shall determine and specify to be especially benefited
thereby, so much upon and from each as shall be in just
proportion to the amount of benefit conferred upon the same, to
pay the principal of and interest on said bonds as the same shall
become due and payable; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified
copy of this Resolution and order After Public Hearing in the
office of the Clerk of Suffolk County within ten (10) days after
adoption hereof.
DATED: FEBRUARY 20, 1997
TOWN BOARD OF THE TOWN OF SO OLD
.ee4l&5=
Wt liam D. Moore, Councilman (Deputy Supervisor)
Alice J. Hussie, Councilwoman
Ruth D. Oliva, Councilwoman
Louisa P. Evans, Town Justice
(SEAL) Members of the Town Board of the Town of
Southold, New York
37.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly .ADOPTED.
l EBRUARY. 20, 1997 371
38.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 20, 1997, APPROPRIATING THE AMOUNT
OF $90,000 FOR THE ACQUISITION OF PAYLOADER FOR THE
SOUTHOLD WASTE MANAGEMENT DISTRICT, IN SAID TOWN,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS $90,000
AND AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS
OF SAID TOWN TO FINANCE SAID APPROPRIATION.
Rec to
WHEREAS, the Town Board of the. Town of Southold (herein
called the "Town") , in the Count of Suffolk, New York, acting on
behalf of the Southold Solid Waste Management District (herein
called the "District") , in the Town, has heretofore determined to
increase and improve the facilities of the District by the
acquisition of a payloader hereinafter described and, after a
public hearing duly called and held, said Town Board has
determined, pursuant to the Resolution and Order After Public
Hearing duly adopted on this date, that it is in the public
interest to so increase and improve the facilities of the
District and ordered the acquisition of such payloader;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not
less than two-thirds of all the members of said Board) AS
FOLLOWS:
Section .l. The Town hereby appropriates the amount of
$90, 000 for the' acquisition of a payloader for use in and by the
District heretofore authorized to be acquired pursuant to the
Resolution and Order After Public Hearing referred to in the
Recital hereof. The estimated maximum cost of said specific
object or purpose, including preliminary costs and costs
incidental thereto and to the financing, is $90, 000 . The plan of
. financing includes the issuance of $9o, 000 serial bonds of the
Town to finance said appropriation and the assessment, levy and
collection of 'spe.cial assessments upon the several lots and
parcels of land within the District which the Town Board shall
determine and specify to be especially benefited thereby, so much
upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same, to pay the principal of and
interest on said bonds as the same shall become due and payable.
3 I. `r. FEBRUARY 20, 1997
Section 2 . Serial bonds of the Town are hereby
authorized to be issued in the principal amount of $90, 000
pursuant to the provisions of the Local Finance Law, constituting
Chapter ,33-a of the Consolidated Laws of the State of New York
(herein called "Law") , to finance said appropriation.
Section 3 . The following additional matters are hereby
determined and declared:
(a) The period .of probable usefulness of each item of
the specific object or purpose for which said $90 , 000 serial
bonds are authorized to be issued, within the limitations of
Section 11. 00 a. 28 . of the Law, is fifteen (15) years.
(b) The proceeds of the bonds herein authorized and any .
bond anticipation notes issued in anticipation of said bonds may
be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury
Regulation Section 1. 150-2 of the United States Treasury
Department.
(a) The Town Board, acting in the role of Lead Agency, j
has determined and found that pursuant to the applicable
provisions of the State Environmental Quality Review Act
("SEQRA") no substantial adverse: environmental impact will be
caused by the acquisition of such payloader.
Section 4 . Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of said bonds shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds, and any notes issued in
anticipation said bonds, shall be general obligations of the
Town, payable as 'to both principal and interest by a general tax
upon, all the taxable real property within the Town without
limitation as to rate or amount. The faith and credit of the
Town are hereby irrevocably pledged to the punctual payment of
the I principal of and interest on said bonds and any notes issued
in anticipation of the sale of said bonds and provision shall be
FEBRUARY 2.0, .1997 375.
made annually in the budget of the Town by appropriation for (a)
the amortization and redemption of the bonds and any notes issued
in anticipation thereof to mature in such year and (b) the
payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21. 00 relative to the authorization of the issuance of
bonds having substantially level or declining annual debt
service, Section 30. 00 relative to the authorization of the
issuance of bond anticipation notes, and Section 50 . 00 and
Sections 56. 00 to 60. 00 of the Law, the powers and duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing their terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and any other bonds
heretofore ,or hereafter authorized, and of any bond anticipation
notes issued in anticipation of said bonds, and the renewals of
said bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution, and of any notes issued in' anticipation of said
bonds, may be ,contested only it:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of law which should be 'complied with
at the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7 . This resolution shall take effect
immediately.
38.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
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37.6 FEBRUARY 20, 1997
39.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1 . The Town Clerk is hereby directed to publish the
foregoing bond resolution, in full, in "THE SUFFOLK TIMES", a newspaper
published in Southold, New York, and having a general circulation in said
Town for such publication, together with the Town Clerk's statutory notice
in the form prescribed by Section 81 .00 of the Local Finance Law of the
State of New York.
Section 2. This resolution shall take effect immediately.
39.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: I have to add, while I can't let this go by. This
is my playground here. Ninety thousand dollars is not hay, and I am
careful about spending $90,000, but in this instance we need this for
moving and turning the leaves, that we're getting in, and we're getting a
big batch of them in the Spring. This is for our mulch and composting
efforts that we're doing. This is a payloader, that is going to help us
to continue with* that. It is also going to be necessary for the grading of
various places within the area of the new transfer station, so it is really
doing double duty. I just thought I would bring that up.
COUNCILMAN MOORE: Any other comments from the audience? (No
response.) You can tell we are of reduced numbers. Alice and I are
suffering from head colds, and we are trying not to spread them too far
down the Board.
COUNCILWOMAN HUSSIE: One of the things, that we got from the
Association of Towns.
COUNCILMAN MOORE: You guys care to make any quick reports having
been to the Association? Ruth?
COUNCILWOMAN OLIVA: Just that some of these things we found rather
interesting. We tried to bring ourselves a little bit up to date about the
telecommunications towers, the technical aspects of it, and also the legal
aspects of it. I did • attend a case law update by Bill Sharp, who is one of
the chief counsels of the Department of State, and that is always very
interesting. Also, I attended his lecture on the takings issue,- and there
are going to be some new court cases coming down that should be very
interesting. I attended some others about combining. We have often talked
about combining services with school districts or other communities as far
as saving money; and there was some presentations to that effect. I don't
know how much that we could incorporate that, but it always' is an issue, I
think, to be explored with other districts in other communities. On the
whole it was very interesting. I would, also, like to say on February 5th
we had a meeting of the Goldsmith Inlet Study Work Group, and we did
agree to go ahead with the studies. Once the Budget is approved we will
be getting about $300,000 to complete the studies on the whole area from
Duck Pond Point to Horton Point, because without these studies- we really
don't know what we're talking about on either side, whether for or against
it. These studies should show us where the problems lies, and where it
doesn't lie, and we will get answers to the questions, that everybody is
asking.
JUSTICE EVANS: I spent two days I was there getting my Justice
certification, which we're required to do every year. I was there along
with Judge Price and Judge Bruer, and they informed us of new
developments in some of the laws, and also, hopefully, kept us current with
a law that was supposed to be judiciary.
COUNCILMAN MOORE: I'll be real quick, since we are all suffering up
here. I had the opportunity two weeks ago to attend the Police Department
graduation ceremonies for the six officers, and that was a very impressive
ceremony. One of the most important things that was stressed to the
officers coming out is it's not just a job as far as law and order goes, but
that it has to be metered out with justice and compassion. It was quite an
impressive presentation. They had the bag pipes there, and the whole nine
F+
FEBRUARY 20, 1997. 37 7
yards, and it was a very good experience. I was glad I had a chance to go
and see that. . Following up on that I attended the Association of Towns
meeting this week, and it was a very fascinating program I attended there
with. accreditation of police departments. Once again, we want the Chief
very briefly and very quickly to look into the accreditation of our police
department. I think it would be a great thing for this town to say that our
department is accredited by the State of New York and I am going to' work
very hard on seeing that that gets accomplished. That was a terrific
follow-up with the Association of Towns meeting. I, too, attended
telecommunications seminars. There were several regarding the setting of
the cell towers, and how high they can be, and where they can be placed,
and how to try to steer them in a community where they are least impacting
on your neighborhoods. It was a good session down in New York City. It
was well worth going. That's all I have to _report; I will ' 'entertain a
motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
5:08 P.M.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilwoman Hussie.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk
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