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HomeMy WebLinkAboutTB-06/21/1983 140 SOUTHOLD TOWN BOARD . JUNE 21, 1983 _ EXECUTIVE SESSION 8: 45 A.M. - The Board met with Special Attorney Richard Lark who, updated them on pending legal proceedings, and discussed personnel . 10:00 A.M. - Mr. Steve Tsontakis , owner of the Captain Kidd Water Company since 1965, reviewed the history of the water system to date. He feels the company should be publicly owned and plans to get out of the water business by the end of the year one way or another. Mrs. Cleo Tsounis, President of the Captain Kidd Civic Association, presented a letter to the Town �Board calling for the Town Board to proceed to award a contract for a Teasibility study of the water. district in Captain Kidd Estates. Later in the meeting the Board discussed the Captain Kidd Water Company and requested the Supervisor to contact . the New York-State Public Service Commission and invite a representative to the July 5th Work Session to inform the Board of the results of the P. S.C. investigation of the water company. 10: 30 A.M. - Mr. Tsontakis, representing Mr. and Mrs. Thomas Occhiogrosso, discussed their wetland permit violation, and asked for permission to amend the Town permit to conform to the D.E.C. permit. Town Attorney Tasker advised the Board that as a result of the public hearing on June 7th, at' which time the Board sustained the decision of the Building Inspector, the existing wetland permit is revoked and a new wetland permit must be applied for. -- 11:00 .A.M. - The Board began reviewing the agenda. 11: 30 A.M. - Mr. Dan Fogarty of Fogarty Electric & Refrigeration appeared before the Board and explained that the compressor on the air conditioning system at Town Hall is beyond repair and presented his estimate for purchase and installation of a new compressor. The Board deemed this an emergency, due to the heat of the summer , and the length of time to obtain a bid for same, and will place a resolution on the agenda declaring an emergency and authorizing Mr. Fogarty to . proceed with obtaining a installing a new compressor. 12:20 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened. 2:05 P.M. - Account Clerk Joan Richter met with the Board and sub- mitted a brief description of duties performed by the Accounting Department from January through June 1983. Supervisor Pell informed the Board that Account Clerk Betty Wells has. indicated she plans to resign in mid-July and he recommended that , since the Town has grown so much in the past few years, and will continue to do so, he would like to see an Accountant hired, as well as a Clerk-Typist--perhaps a new high school graduate who has had bookkeeping and other business courses. The Board agreed that this would be the right direction and authorized Supervisor Pell to begin looking for an Accountant and to contact the three schools for applicants for the Clerk-Typist position. 2:45 P.M. - Work Session adjourned. June 21 , 1983 1 4 1 REGULAR MEETING f + A Regular Meeting of the Southold Town Beard was held at 3:Oa P.M. , Tuesday ,, June 21 , 1983 at the Southold Town Hall , Main Il v.,.a.d£ `t Southold, New York. Supervisor Pell opened the meeting with the; Pledge of Allegiance to the, Flag.. Present : Supervisor Wil -lam K. Pell_, IrIT Councilman John. r,% NjLc.k_les Councilman Lawrence Murda( k, Jr. Councilman Francis J. MtLrphy Councilman Joseph L. ' Townsemd,, Jr. Justice Raymond W. Edwards ` Town Clerk Judith Ti'. Terry Town Attorney Robert W. Ta.sker Superintendent of Highways Raymond O. Dean Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the minutes of the June 7, 1983 meeting of the Southold 'Town Board be and hereby are approved. Vote -of the Town Board: Ayes: Justice Edwards , Councilman _T0xVn-Se21d, C1:11 _Gilman M_ -..u-ph-y;=Coun-c-ilman Murdock, Councilman Nickl.es,. Supervisor Pell.This resolution, was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Supervisor Pell, it was RESOLVER. tha,t the following audited bills be and hereby are ordered paid: Home, Aide Program bills in the amount of $433.65. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7: 30 P.M. , Tuesday , July 5, 1983 at the Southold . Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This -resolution was declared duly ADOPTED. I . REPORTS. -. SUPERVISOR PELL: These reports are placed on file in the Town Clerk' s Office or mine and anybody wishing to review them can do so at either office. 1. North Fork Animal Welfare League' s monthly report (May 1983) . 2. Justice Tedeschi ' s monthly report (May 1983) . 3. Justice Price ' s monthly report (May 1983) . 4. Long Island Cablevision' s monthly report (May 1983) . 5. Assessor' s monthly report (May 1983) . 6. Southold Town Landmark Preservation Commission ' s minutes of the May 18, 1983 meeting. 7. Southold Town Farmland Preservation Committee ' s minutes of June 1, 1983 meeting. 8. Police Department ' s monthly, report (May 1983) . 9. Councilmen 's reports - At this time I will ask the Council- men to make any reports they would like to make. Judge Edwards, any- thing you wish to report? JUSTICE EDWARDS: Just that our mooring program on Fishers Island is going quite well . We will be ready for the seed clams when they come Thursday. And I ' d like to introduce my Bay Constable John Clavin in the back of the room. SUPERVISOR PELL: Hello, John, glad to have you wish us. -- Councilman Murphy? (Nothing further, Bill . ) Councilman Nickles? (Nothing further. ) Councilman Murdock? l 4 2 June 21, 1983 COUNCILMAN .MURDOCK: Nothing new since we did our landfill report . We' ll have our resolutions out of that report later -in the meeting. SUPERVISOR PELL-: Councilman Townsend? 'COUNCILMAN TOWNSEND: Not much. Actually everybody has been involved in the same thing. Frank and I and Larry have spent a fair amount of time on the Landfill Committee. John and I have been working with the Water Advisory and the Farmland Preservation Committee, and you and I have been working on the Police Committee. It has been a very active couple of weeks. I can 't think of a night in the last couple of weeks _ that I haven 't been out on some Town business. There ' s going to be a lot of activity and a lot of resolutions to come before the Board emanating from these committees in the next couple of months so you' ll be hearing a lot more reports later on in greater detail. SUPERVISOR PELL: Thank you, Joseph. II . PUBLIC NOTICES. SUPERVISOR PELL: The following public notices are placed on file in down Clerk' s Office and on the--.Town Clerk ' s Bulletin Board. , I.f ,,_.,.goody wishes to. review Lhem in detail they can do 'so there. 1. Application to the U. S. Army Corps of Engineers bg ',—-X1aus. . Honig; Mr. Cosimano, and Mr. 'a nd__ . . G- place :each -fill, riprap at Bay THaven, Little Peconic Bay , Southoldl . Comments by July 2, 1983. 2. Notice: of Order from the N.Y.S. Department of Transportation for 30 MPH speed limits within the Cutchogue area. 3. Application to the U.S. Army Corps of Engineers by Port of Egypt Marina to rearrange location of existing floating docks within an existing operating marina, at Budd' s Pond, Southold. 4. Application to the U.S. Army Corps of Engineers by- Mr. Joseph Markapodi to construct a timber pier; walk ramp, and float retained by timber piles, for a private recreational mooring facility to extend forty-two feet seaward from the line of mean high water at East Creak (Eugene Creek) , Little Peconic Bay, Stillwater Avenue, Cutchogue. Comments by June 29, 1983. 5. Application to U.S. Army Corps of Engineers by Mr. Stephen Perricone to construct a timber piex., walk ramp, and float retained by timber piles, for a private recreational mooring facility to extend forty-two feet seaward from the line of mean high water at East Creek (Eugene Creek) , Little Peconic Bay, Beebe Drive, Cutchogue, New York. Comments by June 29, 1983. III . COMMUNICATIONS. 1. Letter from Legislator Gregory Blass informing us that if the Town Board asks to ,have the Jockey Creek Bridge raised more. than 1. 3 feet it will cause a two year delay in the project because they will have to go through Emminent Domain proceedings. I told the Town Board to ®go over his letter and I would put it back on the agenda in two weeks. 2. Technician ' s reports from the New York State Department of Public Service in reference to the Captain Kidd Water Company. It tells the Board what they have done and how much it costs and the Town Board did hear from the owner of it today as well .as some residents there and we will ask a member of .the Public Service Commission to be at our July 5th Board meeting to go into a little further detail with it . 3. This is something the Town was sent by the New York Sea Grant Institute, that on May 17th the governor of our state signed the Aquaculture Planning Act (Chapter 104 of the Laws of 1983) , which will deal with Cornell University and others to do an in depth state-wide study on the value of aquaculture in the state and they asked if your Town would like to be involved in it and of course our Town Board instructed me to say yes we would, and to tell them what we have been doing in Southold Town in regards to the scallop . program, clam and seed clams, etc. , and I will be more than happy:"`.., to do that. 4. Letter from Attorney William H. Price, Jr. stating his client would like to take over the dead-end road where a bridge used to go across on Old Grand Avenue Bridge,Mattituck, and they asked if the Town planned to abandon this property, and of course, the Town is not. So we will go back to him and say, no, we 're not going to abandon it . June 21, 1983 143 IV. HEARINGS. - There are no hearings today, we move right on to Resolutions. V. RESOLUTIONS. 1. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Encorisultants, Inc. on behalf 'of Richard Hiltz for a Wetland Permit on certain property located at 1615 Anchor Lane , on dug canal off Peconic Bay, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, ,,Councilman Townsend, Councilman Murphy,. Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 2. Moved by Justice Edwards , seconded by Councilman .Townsend, it .was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental .Quality Review Actin the matter of the application of Encot8ql"tants, Inc.* , on behald 'of Anthony Forosich, for a Wetland Permit on certain property located at Anchor Lane, on dug canal off Peconic Bay,. Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was -declared duly ADOPTED. 3. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Enconsultants, . I. nc. , on behalf of George Koch, for a Wetland Permit on certain property located at Anchor Lane, on dug canal off Peconic Bay, Southold, New York. Vote of ' the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. - 14. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that Supervisor William R. Pell , III be and he hereby is authorized and directed to employ the necessary Lifeguards and Beach Attendants, to work as needed. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 5. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $500. 00 from A7320. 4 - Joint Youth Account , to pay expenses of the East End Arts and Humanities Council for the Douglas Moore Memorial Concert to be held on the Cutchogue Green on August 12, 1983 at 8:00 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman _ Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN TOWNSEND: Mr. Supervisor, when you sign that resolution I want you to give the pen to Mr. Miller here who is a bonafide descendant of Douglas Moore. What is your relation? MR. JEFF MILLER: He was my grand-uncle. SUPERVISOR PELL: We' re honored with your presence, sir. Just get the story right . 6. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Eastern Horizon Construction Co. , Aquebogue, New York, at the bid price of $4, 971.00, for the installation of stairs at Horton ' s Point , Southold, all -in accordance with Notice to Bidders and Bid Specifications. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 144 June 21 , 1983 i 7. Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell , III be and he hereby is authorized and directed to enter into a Fire Alarm Service Agreement between the Town of Southold and Simplex Time Recorder Co. for inspections, testing and normal maintenance at the Southold Town Hall, from July 1, 1983 through June 30, 1984, at the annual fee ` 0 1068. 00. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 8. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that Supervisor William R. Pell , III be and he hereby is authorized and directed to enter into a Fire Alarm Service Agreement between the Town of Southold and Simplex Time Recorder Co. for full service at the Southold Town Police Headquarters, from March 1, 1983 through February 28, 1984, at the -annual fee of $133. 00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, - Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: 'Number '9 is 'a hold, we 're not ready to move on that . (Set a public hearing on proposed"Local Law in relation to authorizing the issuance of appearance tickets by Building Inspectors. ") 10. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality. Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby .given that the Southold Town Board, as lead agency for the action described. below, . has . determined _ that -the project , which . is unlisted, will '.riot 'Piave 'a signif icant 'ef f ect on tie .'environment . . Description of Action: . .Application of Enconsultants, Inc. , on behalf of Annette Golden and Nicholas Carnes, for a Wetland 'Permit to construct stone revetment above line of MHW, using excavated material for backfill, at 635 Bayshore Road, on Pipes Cove, Greenport , New York. The project has been determined not to have a significant effect ..9 on the environment for the following reasons: An environmental assessment .has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response. from the. Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that - this project would not have, a significant effect on the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department , it is assumed that there are no objections nor comments from those agencies. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared dulY ADOPTED. 11. Moved by Supervisor Pell , seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold set 3 :00 P.M. , Tuesday, July 5, 1983, Southold Town Hall, Main Road, Sothold, New York as time and place for a public hearing in . the matter of the application of Annette Golden and Nicholas Carnes for a permit "in accordance with the Wetland Ordinance of the Town of .Southold, to construct stone revetment above line of mean high water, using excavated material for backfill, at 635 Bayshore Road, on Pipes Cove, Greenport , New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 12. Moved by Justice Edwards, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James T. Reynolds, Smithtown, New York, as a Special Assistant District Attorney, effective this date, June 21 , 1983, at a fee of $100. 00 per hour, and a maximum of $400.00 court fee per ' day. Vote of the Town Board: Ayes:, Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. June 21, 1983 145 13. Moved by Councilman Murphy, seconded;,b:y, Justice . Edwards , it was RESOLVED that the Town Board of the Town of Southold hereby allocates $400. 00 from the Joint Youth Account A7320.4 to pay expenses incurred by the East End Arts and Humanities Council for the Greenport Summer Players. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. Abstain: Councilman Townsend. This resolution was declared duly ADOPTED. 14. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall , Main Road, Southold, New York on the 19th day of July, 1983 at 3: 35 P.M. , .at which time and place all interested persons will be given an opportunity to be heard upon the following matter: A Local Law in Relation to Portable Kerosene Heaters BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Section 45-401, Subdivision C, paragraph (4) of the Southold Town Fire Prevention Code is hereby amended to read as follows: (4) Portable Heaters (a) Unvented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building construction, alterations or repair. During this period of building construction, 'alteration or repair, the heating equipment must have adequate ventilation and must have a means of fire extinguishing available. Unvented portable heating equipment used for this purpose must be listed by a nationally recognized testing laboratory and operated and maintained in accordance with manufacturer's recommendations_. This paragraph (a) does not apply to New York State approved-- kerosene fueled heaters being used in one and two':family dwellings. (b) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. (c) Portable electric heaters shall be -equipped with automatic shut-off devices for safety purposes in the event of tip-over. (d) Refueling operations for all solid, liquid, or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater to a safe location and waiting for it to cool prior to refueling. (e) Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be pro- tected from damage, excess heat and comply with the appli- cable storage and handling requirements specified in this Chapter. II. Section 52-53, Subdivision J of the Housing Code of the Town of Southold is amended to read as follows: J. Portable Heaters _ (1) Unvented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building con- struction, alterations or repair. During this period of building construction, alteration or repair, the heating equip- ment must have adequate ventilation and must have a means of fire extinguishing available. Unvented portable heating equip- ment used for this purpose must be listed by a nationally recognized testing laboratory and operated and maintained in accordance with manufacturer's recommendations. This 1 4 G June 21, 1983 subdivision.J does not apply to New Ydrk State approved kerosene fueled heaters being used in one and two-family dwellings. (2) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. (3) Portable electric heaters shall be equipped with automatic shut -off devices for safety purposes in the event of tip-over. (4) Refueling operations for all solid, liquid, or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater to a safe location and waiting for it to cool prior to refueling. (5) Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be protected from damage, excess heat and comply with the applicable storage and handling requirements specified in Chapter 45 of the Town Code. l III. This Local Law shall take effect immediately. Vote of the Town Board: Ayes:' Justice- Edwards, Councilman Townsend, Councilman Murphy,. Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 15. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $43. 00 from General Fund Whole Town Accounts A3660.1 School Attendance Officer, Personal Services, to A3640. 4 Civil Defense, Contractual. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman -- Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of . Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying and installing 470 lineal feet of galvanized mesh fence, and necessary gate, corner and line posts at a Town drainage sump located on the east side of Depot Lane, Cutchogue, New York. Vote `of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Justice Edwards., seconded by Councilman Nickles, it was RESOLVED that the Chief of Police of the Southold Town Police Department be and hereby is authorized and directed to enter into a Lease Agreement with the New York State Police for the installation of a Racal-Milgo information system at the Southold Town Police Headquarters at a monthly rental of,.-$228. 00, for a term of sixty- six (66) months, which said rental shall include maintenance. Said agreement to contain all of the terms and conditions set forth in Appendix B of the Memorandum from the New York State Police sent to the Southold Town Police Department . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Councilman Lawrence Murdock, Jr. offered the following resolution and moved its adoption:- BUDGET NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 21, 1983, AUTHORIZING THE ISSUANCE OF A $45 , 000 BUDGET NOTE OF SAID TOWN PURSUANT TO SECTION 29. 00 a. 2. OF THE LOCAL FINANCE LAW TO PROVIDE FUNDS FOR PERSONAL June 21, 1983 , 4 7 �5 SERVICES FOR WHICH INSUFFICIENT PROVISION IS MADE IN THE CURRENT BUDGET. THE TOWN BOARD OF' THE: 'Ii:'O-WN, ©'F' SO,`UTHO'L,D, IN THE C-0 TY "B_ � SUFFOLK, NEW YORK, HEREBY RESOLVE'S (;by a fa.volrabTe vote, of majority of the voting strength of said Board) , AS FGLLO �- Section 1. The Town of Southold (hereii.n called 7� rl:'t in the County of Suffolk, New York, hereby authorizes the assume of a $45 , 000 budget note of the Town for the'. specific objeot: orwn-rpose of providing funds for personal services at the Town Landfill :. in Cutchogue° in said Town, for which there is" insufficient provision in the annual budget for the current fiscal year of. — -the Town.. Said mote shall be issued pursuant to Section 29..,00 - 2 . of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of ;New York (herein called "'Law"11 Section 2 . The following matters are hereby detelmin , and declared: (a) Said Budget Note is authorized to be issued pursuant to Section 29. 00 a. 2 . of the Law, as follows :- (1) Town Budget for 1983 fiscal year. $:5 ,800-0,000. 00 (2) 5 0 of amount in (1) above $ 2 ;01 000 .00 (3) Budget Note allowable $; 29 ,.000 . 00 (b) Said Budget. Note may be renewed from time-,, tO time but, said Note, including the renewals thereof, shall mat.ure- no later than the close of the fiscal year succeeding the fiscal year in which such note is issued. Said Note is not issued in renewal of any note or notes. Section 3. It is hereby certified that upon the basis of the facts and circumstances now in existence and herein set forth, i it is not expected that the proceeds of this issue of a Budget --- Note will be usedin a manner that would cause such Note to be "arbitrage bonds" within the. meaning of Section 103 (c) of the United States Internal Revenue Code of 1954 and the regulations thereunder. A part of the anticipated cumulative cash flow deficit of the Town computed pursuant to the Code and regulations of the United States Treasury Department, .as amended is to be financed by the Note to be issued pursuant to this resoution. The principal 1 4 8 June: 21, 1983 ..mount of such Bu get Note is $45 , 000- 00 , which amount is not greater - cash flow deficit referred to above. than tie anticipated cumulative ic The''anticipated cumulative cash flow deficit is estimated to be ....as follows: Balance as of May 31, 1983 719, 190. 00 Estimated Estimated Cumulative ("Net" ) Expenses Receipts Surplus (or Deficit) For Month of For Month of At End of Month June $1982 5'061 .00 $48, 300 . 00 5681 : 984 00 1 U July 150, 100 . 00 $134, 500 00 53138400 95 . 00 $8, 53 , - August 147, 1 I . .5,100 $414, 724. 00 . September .$133,1890,_00 , $4.0' 000'. 00 $320, 834 .00 October $127. 8 1 6 00 $10: 000 . 00 $203, 028 ,00 November $162, 506 . 00 $7, 000 . 00 $47..,-,52-2 . 00 December $184, 839 . 00 $90, 0001,00 -'$47, 317. 00 Aj4xi. r4un)-C'4MUI.9,tA-Ve 'Cash Flow ;Deficit $47, 317. 00 12/31/83 January 1984 Receiver of Taxes $124, 320. 00 $1,202, 990. 00 $1, 031, 353 . 00 Maximum Cumulative Cash Flow Deficit $ Reasonable Cash Balance (following month' s expenses payable prior to estimated receipts for that month) Total There are no amounts in a general fund account or any other account available, for the payment of the estimated expenditures s.et forth above . which may be invaded to pay such expenditures without a requirement that any such amount be reimbursed. Section 4 . The Note herein authorized shall contain the recital of validity. prescribed by Section 52 . 00 of the Law, and shall be a general obligation of the Town and the faith and credit of the Town are irrevocably pledged to the punctual p.ayment of the principal of and interest on said Note, and unless said Note is otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget of the Town and a tax sufficient to pro ide l,for the payment thereof shall be levied and collected. Section 5 _ Subject to the provisions of this resolution � and of the Law, and pursuant to Sections 30 - 00 , 50 . 00 , 56 . 00 to 60. 00 of the Law, the power to authorize and prescribe the terms, form and contents land as to the sale and issuance of any renewals of the Note herein authorized, are hereby delegated to the Supervisor, as chief fiscal officer of the Town. June 21, 1983 14a Section 6 . Said Note herein authorized shall be executed in the name of the Town, by its Supervisor and the corporate seal of the Town shall be affixed thereto and attested by its Town Clerk. Section 7. This resolution shall take effect immediately. * * The adoption of the foregoing resolution was seconded by Councilman Joseph-L. Townsend, Jr. and duly put to a vote on roll call, which resulted as follows : - AYES: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. ;1OES: None. The resolution was declared adopted. 19. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, the air conditioning unit at the Southold Town Hall has a burned out compressor, and WHEREAS, it is summertime and there is insufficient time to go to bid, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares this an emergency situation, and be it further RESOLVED that the proposal of Fogarty Electric & Refrigeration be and hereby is accepted to provide and install a replacement Copeland brand compressor for the central air conditioning system at the Southold Town Hall at a total cost of $6,200. 00, which includes replacement compressor, labor, driers, clean out of system, refrigerant and re-controlling equipment , and be it further RESOLVED that the Supervisor be and he hereby is authorized and directed to pay for said installation upon completion and acceptance. Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Any Councilman have anything they wish to bring up, at this time? Judge Edwards? (Nothing. ) Councilman Murphy? (Nothing. ) Councilman Nickles? (Nothing. ) Councilman Murdock? (Nothing. ) Councilman Townsend? (Nothing. ) Anybody wish to address the Board? Yes, sir? One dollar dog license fees. MR. STUART HARVEY, Southold: Right. The dogs can 't vote, but I think it ' s a painless tax compared to we give $400.00 to this and everything else that comes out . At two cents a day or two cents a week, rather, would come out of dog owners. I know some of them can 't see this, but not everybody is good to their dogs as some of the owners. I 'm sure people that object , I mean, feel that too, so I think it ' s being humane, it ' s not costing all the taxpayers, just us people with dogs and I ' d like to see the Council do something about it so I don ' t have to write any more letters. Can I put this letter into record on the subject? SUPERVISOR PELL: Absolutely, the Town Clerk will accept it . (Letter to the Editor, Long Island' Traveler-Watchman. "Editor: Why does the Southold Town Board hesitate to raise our dog license fee one dollar per year? This would cost a dog owner less than an additional two cents a week and with 3,500 dogs licensed in Southold would give the animal shelter an additional $3, 500 a year. I am sure being concerned over our own pets we should welcome a chance to help the shelter spare some stray animal until it has a chance to be adopted. Yours truly, A. Stuart Harvey. ") .150 June 21, 1983 SUPERVISOR PELL: Anybody else wish to address the Board? MR. HARVEY: I wasn ' t finished. I also think that we ' re stalling enough on a computer. We should get--for $6, 000 we can get one, inc u ing a wri e-out that would do the Town Hall , or for instance Terry with all her stuff and the Building Department , because it will probably take a year before anything gels on the other. In the meantime I think it would take quite a load off both the-- keeping track of money, permits and everything else. I think you should think about it. SUPERVISOR PELL: I agree with that one one hundred percent . Dogs I might not agree with one hundred percent , but that one I do. Anybody else wish to address the Board? COUNCILMAN MURDOCK: I think what I should announce is that we will cancel the Code Committee meeting for tomorrow night because of the illness ,of Victor Lessard, and we will also call a meeting of the Landfill Committee in Ray Dean' s office at 8:00 o ' clock Friday morning. SUPERVISOR PELL: We are already to adjourn. Does anybody else wish to address the Board before we adjourn? (No response. ) If not , the motion is in order to adjourn. Moved by Councilman Nickles, seconded by Supervisor Pell, it was -- RESOLVED that this Southold Town Board meeting be adjourned--- SUPERVISOR PELL: Do you want to address the Board, you just walked in late. MR. FRANK CARLIN, Laurel : Sorry, I didn 't quite make it here on time. I ' ll start with this one, Mr. Pell, this is one for you. SUPERVISOR PELL: Thank you. MR. CARLIN: This was taken from the Suffolk Times on May the 26th and the last meeting was May the 24th. "The announcement was made at the Tuesday meeting of the Southold Town Board by Supervisor - -- Bill Pell, who said that Town officials have promised action within 30 days and to call in 30 days. " The 30 days--in fact since the petition was handed in--it ' s been 42 days and really the only thing we have done so far is some new signs put up there. Something' s wrong here, I believe and I feel maybe I don't want to tell you how to do your job, but I suggest maybe that you contact Commissioner Larocca and request how come they haven ' t lived up to their promise. We have---I can report this, they've put new signs up in the area by the curve and bridge about a week ago and there were new signs, but they were the same speed limit, and there were to slippery signs. So, some calls were made and two days later they put new signs back up again, lowering the speed limit , slippery signs were put up , but none on the west side of the curve, which is where all the accidents are happening. SUPERVISOR PELL: We received a letter in Town Hall on June 20th. I will give you a copy of it and it lists all the things they 're going to do and you can take it from them. (Letter from the N.Y.S. Department of Transportation, James L. Larocca, Commissioner. ) This was discussed at Board today. So before you leave, see my office and ask for a copy of it . Next question. Your picnic benches, I think, are up there. MR. CARLIN: They are? I really appreciate it . SUPERVISOR PELL: If not, they will be. MR. CARLIN: I know the people will enjoy it because-- SUPERVISOR PELL: Next question. MR. CARLIN: Next question? Now,--- SUPERVISOR PELL: Pacific Street , the water drain on Pacific Street is being looked into. Next question. MR. CARLIN: Boy, you' re really pushing me here. SUPERVISOR PELL: We were all ready to adjourn. Keep going. MR. CARLIN: I made it in about a half an hour, but anyway--now, as far as caution lights so, they were 'nt up yet . 151 June 21 , 1983 SUPERVISOR PELL: That is addressed` in the letter you will get a copy of. MR. CARLIN: I want to just take a few minutes, I think this is important to explain what ' s going on. I contacted LILCO, my friend down in Huntington, Regional Director, Marty McDonald, who is in charge of all eastern end lighting and they have no request so far-- or any request from the State to put up---supply power to the caution lights. And also, I requested that when the State requests the power, would they be so kind to give them a priority and .they said they would. They can' t hook power up to something that isn 't there. And also the street lights. They' ll give that priority when they go up and I understand that--well let me stop night now--Frank, this is the question I think is your line now. Tomorrow is 30 days. . It was said a month ago; the lights will be up in 30 days. You have any reason why they 're not up? SUPERINTENDENT OF HIGHWAYS DEAN: They're being ordered. COUNCILMAN .MURPHY: The man hasn ' t,. got them up yet . I guess they haven ' t been delivered to his barn. SUPERINTENDENT OF HIGHWAYS DEAN: But I can call your friend McDonald and he ' ll get them up immediately? MR. CARLIN: Yes, yes. SUPERINTENDENT OF HIGHWAYS DEAN: Will you leave me his name and . telephone number? MR. CARLIN: Yes, I 'm going to leave you his name. In fact I spoke-- SUPERINTENDENT OF HIGHWAYS DEAN: And if I call he can guarantee it? MR. CARLIN: He said, give me a call , as soon as you give me a call-- who puts them up, you or--- —_ SUPERINTENDENT OF HIGHWAYS DEAN: I put them up, and you can guarantee they ' ll get them lit? MR. CARLIN: He said he' ll get them lit . He' ll give them a priority. SUPERINTENDENT OF HIGHWAYS DEAN: What ' s a priority? Right now I 'm working three to four to five months for a priority and I 'm talking to some guys--- MR. CARLIN: I can assure you you will have the power. SUPERINTENDENT OF HIGHWAYS DEAN: In a week or so? MR. CARLIN: Oh, yeah, maybe sooner. SUPERINTENDENT OF HIGHWAYS DEAN: Give me the numbers. MR. CARLIN: Right now, here it is: Marty McDonald---I even know the pole numbers you're putting them on. SUPERINTENDENT OF HIGHWAYS DEAN: I want to send it to him directly. MR. CARLIN: Marty McDonald. His phone number if 733-4761. I was speaking to him around 2:00 o ' clock. Both the lights and the caution lights will be given special attention when they are put up. They can ' t hook nothing to nothing, so anyway, that takes care of that problem. These pictures were taken May the 27th of the water at the south end of that area there Pacific Street and this is the other end looking the other way. You can see there ' s a lot of water there. SUPERVISOR PELL: Do you want to leave these with the Town Clerk? MR. CARLIN: These are the only copies I have, but if you are going to need them I ' ll leave them, but I think I got some prints I . can make up, but I ' ll leave them with you. SUPERVISOR PELL: That ' s on Pacific Street . MR. CARLIN: That ' s the corner of Sound Avenue and Pacific Street where the sound comes in sometime&-when it rains, and the south 1 5 2 June 21, 1983 side, Route 25 and Pacific Street just almost across as you're coming out to Auto Parts there. That area there is real bad. So, you said you got information on this . letter from the State, . right? SUPERVISOR PELL: Yes. MR. CARLIN: The -action, because so far I got sent in 42 days we only got some signs up and haven' t completed all the signs but we' re fighting for the one to get down there on the other end of the curve which we need the most , that ' s where we need it but it ' s not in there and the curve sign, the 45 miles an hour sign is right on the curve, it don 't belong there, it ' s no good there, it ' s got to be further back because the 55 mile an hour -is supposed to come down. But I understand that LILCO cleared your permits for the lights and when you' re ready--you' ll get the power. COUNCILMAN MURPHY: They' ll be up very shortly. SUPERVISOR PELL: Anything else? MR. CARLIN: I think that ' s it . COUNCILMAN MURPHY: Thank you for your work, Frank. MR. CARLIN: You' re welcome. Vote on the motion to adjourn at 3: 35 P.M. : Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell . This resolution was declared duly ADOPTED. Judith T. Terr:7 Southold Town Clerk ---