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HomeMy WebLinkAboutTB-07/03/1990477 SOUTHOLD TC)~N' i~)ARD JULY 3, 1990 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards (10:05 a.m.), Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen ' M. Latson, Councilman Thomas H. Wickham, Superintendent of Highways Raymond L. Jacobs, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. EXECUTIVE SESSION 9:30 A.M. On motion of Supervisor Harris, seconded by Councilman Wickham, it was ResOlved that the Town Board enter into Executive Session. Vote of the Board: Ayes: All. The Board met with Charles Cuddy, Esq., employer of Linda Kowalski, consultant to the Board of Appeals. 9:45 A.M. For Discussion Items: (1) Reappointment of Walter L. Smith and Mark S. McDonald to the Water Advisory Committee - Board discussed future direction of the Committee. Supervisor Harris said that he will convene the committee once the reappointments have been made (see resolution no. 24). (2) Request from the Board of appeals for an additional computer monitor and keyboard. Supervisor Harris will give the monitor and keyboard from his office for their use for the present time. (3) Proposal from Dvirka and Bartilu¢ci for the preparation of a Comprehensive Recycling Analysis in support of the current solid waste planning eff~ort. (see resolution no. 25). 10:15 A.M. - Community Development Administrator James McMahon met with the Board to review the Town's Shellfish Culture Program. 10:35 A.M. - John Stack, Chairman, and Ralph -Williams from the Landmark Preservation Commission met with the Board to discuss the proposed distribution of the Commission's upcoming book, "Houses of Southold Town...The First 350 Years". 10:45 A.M. - For Discusson Items (continued): (4) Reviewed the recommendations of the Waste Management Task Fork with respect to measures the Town should consider to reduce the volume of material coming into the laridfill. (5) Appointment to the Conservation Advisory Council (see resolution no. 38). (6) Increase Senior Citizen exemption from 20% to 50% on County taxes, per enactment of Assembly Bill 3321 (see resolution no. 26). (7)&(8) Sale of Town-owned parcel at Sound Drive, Greenport, and Sound View Road, Orient (see resolutions 28&29).. (9) Appointment of Scott Dobriner as a summer intern to work on the draft Local Waterfront Revitalization Program document (see resolution no. 31). (10) Charge to the Village of Greenport for the Board of Assessors to provide assessment services (hold to July 17th). (11) Letter from the NYS-DEC concerning their completed evaluation of bacteriological water quality in Southold Bay and associated tributaries. (12) Request from Thomas and Violet Reed for the purchase of Town-owned property on Flint Street, Greenport, currently being considered for the Town's affordable housing program. (13) Covenants and Restrictions for Southold Villas - to be discussed during Executive Session. (14) Appointment of additional members to the Site Selection Committee for a community residence for the adult mentally disabled to be established by The Way Back, Inc. 12:35 P.M. - Review of resolutions to be voted upon at the 7:30 P.M. Regular ~Meeting. 12:50 P.M. - Recess for lunch. 2:15 P.M. - Work Session reconvened. EXECUTIVE SESSION On motion of Councilwoman Oliva, seconded by Councilman Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ail Ayes. --- Discussed purchase of the Wendy Norris property at New Suffolk Avenue, on Marratooka Lake, Mattituck (see resolution no. 33).---Consent Order to the Suffolk 478 JULY 3, 1990 County Department of Health Services with respect to the fuel tank at Police Headquarters, Peconic (see resolution no. 34).---Possible litigation with respect to the Highpoint Meadows affordable housing project, Boisseau Avenue, Southold (Councilman Penny left the room during this discussion as he is supplying materials to the property owner, Herbert Mandel, for two houses being built at the site).--- Personnel.---Possible purchase of property.---Engaging services of a special counsel to the Town Board (see resolution no. 37) .---Covenants and Restrictions for Southold Villas to be held to July 17th. 4:45 P.M. - Following the audit of vouchers this Work Session adjourned. REGULAR MEETING 7:30 P.M. A Re~]ular Meeting] of the Southold Town Board was held on Tuesday, July 3, 1990, at the $outhold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: Being a lot of people have a lot of things, they'd like to do after this meeting tonight, we're to start move on things. At this time, I'd like to open it to the floor, if anybody has anything that they'd like to address to the Town Board for any resolution we'll be acting on. Yes? (No response.) Could I have a motion for the audit of the bills of July 3, 19907 Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $62,746.17; General Fund, Part Town .- bills in the amount of $8,047.83; Nutrition Fund bills in the amount of $2,921.92; Adult Day Care bills in the amount of $74.97; SNAP Program bills in the $2,600.37; Highway Fund, Whole Town bills in the amount of $1,948.31; Highway Fund, Part Town bills in the amount of $4,665.12; Agricultural Land Development Rights bills in the amount of $5,000.00; Fuel Tanks and Police Building bills in the amount of $75.13; Employee Health Benefit Plan bills in the amount of $3,308.82; Fishers Island Ferry District bills in the amount of $3,232.34; Southold Wastewater District bills in the amount of $18,000.00; Fishers Island Sewer D~istrict bills in the amount of $1,838.60; Southold Agency & Trust bills in the amount of $5,012.24; Fishers Island Ferry District Agency & Trust bills in the amount of $79.15. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We need a motion to approve the minutes of the Town Board meeting from June 19, 1990. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the June 19, 1990, re~tular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The next meeting date~is Tuesday, July 17, 1990, at 7:30 P.M. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the next recjular meetincj of the Southold Town Board will be held at 7:30 P.M., Tuesday, July 17, 1990, at the Soutbold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oiiva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. - 479 JULY 3, 1990 I. REPORTS. 1. Justice William Price Monthly Report for June, 1990. 2. Southold Town 350th Anniversary Committee Financial Activity Report through June 30, 1990. 3. Southold Town Dog Shelter Report for June, 1990. 4. Southold Town Building Department Report for June, 1990 5a. Lawrence Health Care Administration Detailed Benefit Analysis for April 30, 1990. 5b. Lawrence Health Care Administration Detailed Benefit Analysis, Town Plan of June 22, 1990. 5c. Lawrence Health Care Administration Detailed Benefit Analysis, PB^ Plan of June 22, 1990. 6. Town of Southold Audit Report for December 31, 1989. 7. Councilmen's Reports. 8. Supervisor's Report. 11. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of Complete Application by Constantine P. Georqiopoulos for construction of five single family dwellings, septic systems, driveways and fill, more than 67 feet from freshwater wetlands, located at Lake Drive, Southold, New York. Written comments by July 13, 1990. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Comstantions Markotsis to reconstruct in-kind, in-place 90 feet of bulkhead, construct five feet of new bulkhead and ten foot return located on a canal off Corey Creek, Williamburg Road, Southold, New York. Written comments by July 12, 1990. 3. U.S. Corps of Army Engineers, N. Y. District, application of Marcello Ferrante to place off-bottom clam racks in Southold Bay, Shelter Island Sound, Southold, New York. Written comments must be submitted by July 18, 1990. 4. New York State Department of Envionmental Conservation, notice of Public Hearing and Information Meetin~l on June 1, 1990, on their proposal to amend it's water quality regulations. Comments must be submitted by September 12, -1990. 5. New York State Department of Environmental Conservation, Notice of Complete Application of Agnes M. Dunn proposing to demolish an existing 576 square foot house and construct a new 1144 square foot house with the adjacent area of the freshwater wetland designated #50-1. Project is located on the Southeast corner of Queen Street and County Road 48, Southold, New York. Comments must be submitted by July 12, 1990. 6. New York State Department of Environmental Conservation, Notice of Complete Application of Georcje de Menil proposing to renovate an existing garage/~- apartment and the construction of an 800 square foot wood frame addition on sono tube piers located on Brickyard Pond, Fishers Island. Comments must be submitted by July 20, 1990. 7. Department of the Army, New York District Corp of Army En~tineers: application of Robert Boger to install a 3 by 16 foot ramp and a 5 by 30 foot float secured to two timber pilings in Dug Canal, Great Peconic Bay at Arshaomoaque, Town of Southoid, Suffolk County, New York. Comments requested by July 11, 1990. 8. U.S. Corp of Army Encjineers, N. Y. District, Notice of Public Meetings concerning the Federal Manual for ldentif¥in~l and Delineatin~l Jurisdictional Wet- lands, to be held July 23, 1990 from 2 P.M. to 10 P.M.,in Sacramento, California; ~luly 25, 1990 from 2 P.M. to 10 P.M., St. Paul, Minesota; July 27, 1990 from 2 P.M. to 10 P.M. in Baltimore, Maryland. Written comments must be submitted by August 3, 1990. 9. County of Suffolk, Department of Consumer Affairs public information meetings regarding a new County Law recjulatin~t water filter devices, Thursday, July 12, at 7:00 P.M., Riverhead County Center Legislative Auditorium; Monday, July 16, at 7:30 P.M., Legislative Auditorium, Hauppauge. III. COMMUNICATIONS. 1. Donald Janse, of The Fishers Island School, thanking the Town of Southold for their hospitality shown the Fishers Island singers during a visit. 2. Thomas C. Werner, Department of Transportation, Division of Traffic Engineering and Safety, regarding Consolidated Local Street and Highway Improve- ment Program (CHIPS) funds. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, we'll move into resolutions, and the first resolution is to appoint a Senior Adult Day Care Aid and an EISEP Aide. 480 JULY 3, 1990 1.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town of the Town of Southold hereby appoints Melanie Fetzko as a Senior Adult Day Care Aide, effective June 18, 1990, 20 hours per week, $5.00 per hour, A~ID as an EISE~' Aide, effective June 18, 1990, 20 hours per week, $5.50 per hour. 1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Justice Edwards, seconded by Councilwoman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget: To: A1910.4 Insurance, Contractual Expenses $ 25,000.00 From: A9060.8 Hospital & Medical Insurance $ 25,000.00 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby approves the payment of 1990 Suffolk County Comptroller's Association dues, and expenses incurred with respect to said association. 3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. 4.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, on June 5, 1990 there was presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Accessory Buildinc~s"; and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it -RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 17, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on said proposed Local Law which reads as follows, to wit: A Local Law in Relation to Accessory Buildings. 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: I. Article III, Section 100-33 (B) (Accessory Buildings) is amended to ~- read as follows: B. (1) On lots containing up to 9,999 square feet, such buildings shall be set back no less than five (5) feet from any lot line. (2) On lots containing from 10,000 square feet up to 19,999 square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (3) On lots containing from 20,000 square feet up to 39,999 square feet, such buildings shall be set back no less than fifteen (15) feet from any lot line. (4) On lots containing from 40,000 square feet up to 79r999 square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. (5) On lots containing in excess of 80,000 square feet such buildings shall be set back no less than thirty (30) feet from any such lot line. 2. Article ill, Section 100-33 (Accessory Buildings) is amended by deleting, in its entirety, sub- section (C). I!. This Local Law shall take effect upon its filing with the Secretary of State. 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was ~leclared duly ADOPTED. JULY 3, 1990 481 DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Use Re~lulations". The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilwoman Latson, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a propsed Local law entitled, "A Local Law in Relation to us Regulations"; now, therefore, be it RESOLVED that the Town Clerk' be and she hereby is authorized and directed to transmit this proposed Local law to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Use Regulations. 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 to read as follows: 1. Article IX, Section 100-91 (B) (3) (Use regulations) is hereby amended to read as follows: Motel and hotel uses as set forth in and regulated by §100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. II. This Local Law -~hall take effect upon filing with the Secr~etary of State. 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.LMoved by Councilwoman Oiiva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to the Mattituck Presbyterian Church to hold their annual Crop Walk on Sunday, October 21, 1990, to commence at 12:45 P.M. at the Mattituck School, and using the following Town Roads in Mattituck and Cutchogue: Moores Lane, New Suffolk Avenue, Deep Hole Drive, Reeve Avenue, and Maple Avenue, provided they secure and file with the Town Clerk a Certificate of Insurance for at least One Millian Dollars naming the Town of Southold as an additional insured. 7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, '- Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Contract Budget Modification Request from the Department of the Aging for the Brief Respite Program for the period July 1, 1989 through June 30, 1990, which modification results in a zero net change. 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oiiva, Councilman. Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc, l budc. tet modification to the General Fund - Whole Town 1990 Budget: To: A3510.2 Control of Dogs, Equipment $ 4,995.00 From: A3510.4 Control of Dogs, Contractual Expense $ 4,995.00 9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice EdWards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of $outhold hereby commences the lead ac. tenc¥ coordination process in regard to the State Environmental Quality Review Act on the Type I action of the petition of Russell E. Mann for a change of zone from "A-C" Agricultural-Conservation District to "HD" Hamlet Density District on certain property located on the southerly side of Terry Court, Southold, New York. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JULY 3, 1990 11.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Cramer, Voorhis & Associates, at a cost not to exceed $500.00, to review the Lon~l Environmental Assessment Form with respect to the petition of Russell E. Mann for a change of zone; said review to include applicant's Part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by Russell E. Mann prior to the commencement of the review. ll.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, WHEREAS, a petition has been received from Russell E. Mann for a chan~le of zone on certain property located at the southerly side of Terry Court, Southold, from "A-C" Agricultural-Conservation District to "HD" Hamlet Density District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planninq Board and the Suffolk County Department of Plannin~l, all in accordance with the Southold Town Code and the Suffolk County Charter. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chemical Pollution Control, Inc., at the following prices, for the removal and disposal of Household Hazardous Waste from the Southold Town Collection Center, for a period of one (1) year, effective July 3, 1990: Household Hazardous Waste Training $ _100.00 per man/day (if three (3) or more towns send up to five (5) people each for -- training - no charge) Equipment Inventory $ 800.00 Assistance With Permit Renewal Application $ 75.00 per hour Safety Equipment $4,300.00 (excludes acceptable air monitoring device that will detect airborne chemical contamination (MNU) Removal of the Drums: 55 gallon drum of collected pesticide waste $54~0..00 per drum 55 gallon drum of collected aerosol containers $540.00 per drum 55 gallon drum of other collected household wastes $190.00 per drum 13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved' by Councilwoman Latson, seconded by Supervisor Harris, WHEREAS, the State of New York provides financial aid for resource recovery equipment, source separation equipment, or both, for the implementation of small scale, Iow-technology approaches to resource recovery; and WHEREAS, the Town of Southold, hereby called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE iT RESOLVED BY the Town Board of the Town of Southold: 1. That the filing of an application in form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That Supervisor Scott L. Harris is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the applica- tion and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Solid Waste Manaqement Project. 4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective Responsibili=ties by attached joint resolution relative to a joint Solid Waste Recovery and Management Project. ~83 JULY 3, 1990 5. That five (5) Certified Copies of this Resolution be prepared and sent to the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA- TION, ALBANY, NEW YORK 12233-4015, together with a complete application. 6. That this resolution shall take effect immediatley. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget for the transfer of monies from the 350th Committee's Donated Funds held in Trust & Agency: To: Revenues A2705 Donations $ 1,829.13 Appropriations A7550.4 Celebrations, Contractual Expenses $ 1,829.13 15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by-Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ budget modification to the General Fund - Whole Town 1990 Budcjet: To: ^1110.2 Justices, Equipment $ 300.00 From: Al110.4 Justices, Contractual Expenses $ 300.00 16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.~-Moved by Councilwoman Oliva, se~:onded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget: To: A5031 Interfund Transfers $ 5,000.00 From: A2801 lnterfund Revenues $ 5,000.00 17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to employ John C. McGinley as a part-time Deckhand, effective immediately, at a salary of $5.50 per hour, AND Edward J. Scroxton as a seasonal clerk for the Fishers Island Com- munity Theatre to replace Frank Gillan who has resigned, effective immediately, at a salary of $80.00 per week. 18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 31, adopted on May 22, 1990, upon the request of the Board of Commissioners of the Fishers Island Ferry District, by adding the name of Justin Hauser to the list of employees receiving incremental salary increases, and setting his salary at $5.62 per hour. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to advertise for bids for painting trim and the cupola on the Ferry District Annex building at Fishers Island, said painting to be accomplished per specifications. 20.~Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. ~his resolution was declared duly ADOPTED. 484 JULY 3, 1990 21 .-Moved by Justice Edwards, seconded by Supervisor Harris, WHEREAS, in accordance with the Airport and Airway Safety and Capacity Expansion Act of 1987, the Federal Aviation Administration requires all Sponsors to certify that Plans and Specifications prepared for all projects are in compliance with Federal Aviation Administration Standards and meet all requirements imposed on them under the Act; and WHEREAS, the Town of Southold wishes to make the aforesaid certification to the Federal Aviation Administration with respect to the Elizabeth Field Airport Obstruction Removal and Lighting Project; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Certification of Plans and Specifi- cations by Sponsor, and Sponsor's Plans and Specifications Reveiw Checklist with respect to the Elizabeth Field Airport Obstruction Removal and Lighting Project, all in accordance with the Certifications and recommendations of Calocerinos & Spina Engineers, P.C., the Town's engineers for the aforesaid project. 21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 13, adopted on May 8, 1990, designating Ralph Martin, Jr., Commissioner of the East Marion Fire District to be Southoid Town's representative as a member of the Suffolk County Fire, Rescue, and Emergency Services Commission. 22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town_ of Southold hereby designates Bill Anderson, East Marion, to be Southold Townls representative as a member of the Suffolk County Fire, Rescue, and Emerc~ency Services Commission. 23.;Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Mark L. Smith and Mark S. McDonald as members of the Southold Town Water Advisory Committee, effective July 3, 1990 through July 3, 1995, they to serve in said position without compensation. 24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dvirka and Bartilucci for the preparation of a Comprehensive Recycling Analysis in support of the current solid waste planning effort, at a cost not to exceed $15,000, all in accordance with the Scope of Services dated June 26, 1990 as submitted by Anthony O. Conetta on behalf of Dvirka and Bartilucci, Consulting Engineers; said cost includes preparation of a draft Comprehensive Recycling Analysis in _accordance with all applicable Part 360 regulations, and two (2) meetings with the DEC to discuss their comments; subsequent meetings, changes, modifications, and additional information required by the DEC would be an additional cost, and would be covered under Section 2 of the current contract between the Town of Southold and Dvirka and Bartilucci. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Counci'lman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilwoman Latson. This resolution was declared duly ADOPTED. 26.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby adopts, effective for the 1990/91 tax year, the provisions of Assembly Bill 3321A which increases the Senior Citizen exemption on Suffolk County taxes levied against the Town of Southold from 20% to 50%, all in accordance with the provisions of the said statute which amends the Real Property Tax Law. 26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilman Penny, seconded, by Councilwoman Oliva, WHEREAS, on the 11th day of September, 1947, the Town of Southold acquired certain real property situate on the easterly side of Sound Drive, formerly known JULY 3, 1990 as Sound View Avenue, Greenport, Town of Southold, County of Suffok, State of New York, consisting of approximately 40,414 square feet which premises are shown and designated on the Suffolk County Tax Map as District 1000, Section 033, Block 4, Lot 78, and WHEREAS, the aforesaid real property at Greenport is presently vacant and not required for Town purposes except for the reservation of an easement over the northwesterly corner of said premises for purposes of ingress and egress to the Long Island Sound from Sound View Drive and further for the maintenance of the wood stairs and guardrail situate thereupon. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED that the real property owned by the Town of Southold and located on the westerly side of Sound Drive, formerly known as Sound View Road, Greenport, New York is no longer needed or required for Town purposes, except as set forth above and is to the extent provided herein accordingly declared surplus property, and IT IS FURTHER RESOLVED, that the said surplus real property as hereinabove described shall be sold pursuant to the applicable provisions of law and upon such terms and conditions as the Town Board may deem just and proper. 27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor_Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilwoman OliYa, seconded by Supervisor Harris, WHEREAS, on the 3rd day of September, 1963, the Town of Southold acquired certain real property situate on the northerly side of Sound View Road, Orient, Town of Southold, County of Suffolk, State of New York, consisting of approxi- mately 23,303 square feet which premises are shown and designated on the Suffolk County Tax Map as District 1000, Section 15, Block 3, Lot 47, and WHEREAS, the aforesaid real property at Orient is presently vacant and not required for Town purpose. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED that the real property owned by the Town of Southold and situated on the north side of Sound View Road at Orient, New York is no longer needed or required for Town purposes and is accordingly declared surplus property, and 'IT IS FURTHER RESOLVED, that said surplus real property be sold pursuant to the applicable provisions of law and upon such terms and conditions as the Town Board may 'deem just and proper. COUNCILMAN PENNY: I'd iust like to raise a question. Are we creating a sub- standard lot by zoning with this, Harvey? TOWN ATTORNEY ARNOFF: No, it preexists. Preexiting non-conforming lot. COUNCILMAN PENNY: Yes, but it was not a residential lot. TOWN ATTORNEY ARNOFF: Yes, it was. COUNCILMAN PENNY: It was always a residential lot. Okay, thank you, Harvey. 28.-Vote ~f the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budget modification to the General Fund - Part Town: To: B8020.2 Planning, Equipment $ 3,127.00 From: B8020.4 Planning, Contractual Expense $ 3,127.00 29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Supervisor Harris, seconded by Councilm~n Wickham, it was RESOLVED that the application of Samuel G. Brown to renew his single family house trailer permit, for trailer located on the west side of Tuthill ~oad, Cutchogue, New York, which permit expires on July 15, 1990, be and hereby is granted for a six (6) month period. 30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 485 486 JULY 3, 1990 31.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Scott Dobriner as a summer intern, effective immediately to September 6, 1990, to work on the draft Local Waterfront Revitalization Proc. lram document, at a salary of $10.00 per hour. 31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilman Wickham, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followinc~ members of the community as additional members to serve on the Site Selection Committee for a community residence for the adult mentally disabled to be located in the Town of Southold by The Way Back, Inc.: Jennifer Gould, Gary Long, Valerie K. Cardona, Edward Vetter, Mary Regan, Barbara Michelsen, John P. Sullivan, Reverend Warren Beaven. 32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I might add, that the beginning of next week, early in the week, Monday or Tuesday, we'll try to set up our first Site Selection Committee meeting for the Board. 33o-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Contract of Sale for the purchase of the property of Wendy Norris, located on the south side of New Suffolk Avenue, - on Marrtooka Lake, Mattituck, Suffolk County Tax Map: District 1000, Section 115, Block 003.00, Lots 022.000 and 023.000, at the sale price of $140,000.00. 33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. ~This resolution was declared duly ADOPTED. 34.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Order on Consent to the Suffolk County Department of Health Services with respect to the underground gasoline storage facility at the Southold Town Police Department Headquarters, Main Road, Peconic, New York; and be it further RESOLVED that Supervisor Harris be and he hereby is authorized and directed to transmit a check in the amount of $250.00 to the Suffolk County Department of Health Services, along with the Consent Order, in satisfaction of the alleged violation of the Suffolk County Sanitary Code. 34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 35.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of lnte~lrated Power Systems, Inc. in the amount of $10,215.00 for supplying and installing a 5kVA power supply to provide continuous no-break power during a power outage or momentary interruption to the computer equipment at Southold Town Hall, all in accordance with the bid specifications. 35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Now this will provide the Town of Southold with a UPS or uninterrupted power for the Police Headquarters, which is on line with this computer system, and can not afford outages due to power reduction or power faults. 36.-Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, to conduct an appraisal of the Baxter property located at the corner of NYS Route 25 and Eliiahs Lane, Mattituck. 36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JULY 3, 1990 487 Rescinded 7/17/90 by Resol. #4 37.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby engages the ser- vices of Edqar Hills as a Special Counsel to the Town Board, at a compensation of $125.00 per hour, effective immediately. 37.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution wa~ declared duly ADOPTED. 38.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert W. Keith as a member of the Southold Town Conservation Advisory Council, effective immediately through June 18, 1991, to fill the unexpired term of John B. Tuthill. 38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: That ends the resolution part of the Town Board meeting. Are there any Town Board members, that would like to make any Councilman reports at this time? Is there any member of the audience, that would like to address the Board on any matter, that they feel may be pertinent, that we may be made knowledge of? VALERIE CARDONA: My name is Valerie Cardona, and thank you very much for the appointment on the Site Selection Committee. Yesterday, I attended the Long Island Task Force meeting of which I am a member, and one of the things that we managed to get a hold of, of course it's a little after the facts, but Mr. Arnoff made me aware of, the impact in the Fair Housing Amendments on land use regulations effecting people with disabilities. The Amendments Act is of 1988, and was ~ffective March 12, 1989, and it's from the Mental Health Project. I don't know if you have copies of this. Mr. Burke gave me copies. -SUPERVISOR HARRIS: If you have extra copies, we would appreciate it. TOWN ATTORNEY: I may be familar with the content of it, I'm not familar with it by title. VALERIE CARDONA: The contents of it..We're going to have a meeting next week? SUPERVISOR HARRIS: The beginning of the week. Yes. if you could leave that later. Is there any other member of the audience, that has anything they'd like to address the boarc~ on? (:ORRINE (3ARClA:. My_name.~is.~=orr~neGarcia. I live on 505 Bayer Road, Mattituck. We have..l'm sure everyone is familar-with my situation. I sold a piece of land, went to the Zoning Board. The Zoning Board dissapproved. I am in the same position as many other people, who had been on the Special Exception list for the CO's, have built houses, sold the lots, built houses. What happens to all these people? The Town's telling me, I can't sell my property. I should have sold it, one piece, built a house, the builder needs a permit for a setoff before the Supreme Court. What happens to all these other people, that have done this in the past six, seven years? Will they be coming into the setoffs? How's the Town going to work this? SUPERVISOR HARRIS: Town Attorney, would you like to address this? TOWN ATTORNEY ARNOFF: ! believe the Zoning Board has had an application in front of it, and it just rendered a decision within the last month, if my memory serves m',e- correctly,declaring that the issuance of the certificate of occcupancy to be invalid, as well as the building permit on your. particular site. Am I correct? CORRINE GARCIA: 'Right. TOWN ATTORNEY ARNOFF: I certainly am not prepared, nor would I endeavor to speak of other unknown innuendos, which you choose to make here. If you choose to submit something in writing to the Town Attorney. If you have complaints to file about the actions of our Building Department and Building Inspector, or the Zoning Board, or the Planning Board, then please, certainly as a citizen of the Town, feel free to do so. I think that is your right, but to make statements, broad statements, there are..I mean, I'm reminded of the MacCarthy hearings, when there were Communists under every rock. I mean, the fact that he said didn't make it so, and the fact that you say it, doesn't make it so. ~88 JULY 3, 1990 CORRINE GARCIA: I've got a piece of paper in my car, that it says it so. I have it all in detail. I didn't bring it with me, because I didn't realize the meeting was starting so quickly. If you'd like, I'll go out to the car and get it. TOWN ATTORNEY ARNOFF: Well, you can submit whatever documents, that you'd like, and if you wish to file formal complaints against the Building Department, I suggest that you do just that. CORRINE GARClA: Now, where do you go to settle this? Is the law adopted that you go to the Zoning Board? TOWN ATTORNEY ARNOFF: It depends on the nature of the application. It depends on whether there are variances required as well. Do you need lot size variance? Do you need side yard variance? That's a Zoning Board matter. The Zoning Board would act, and then the Planning Board would approve it, or disapprove it after the Zoning Board. It might be a dual board application on the setoff. CORRINE GARClA: Is some setoffs still in the Planning Board, or are they..? TOWN ATTORNEY ARNOFF: I believe they are. COUNCILWOMAN LATSON: Mrs. Garcia, I'm not familar with your case, and probably a lot of the Town Board members aren't, because we're a separate entity from the Zoning Board, but if you feel you have been unduly grieved, and would like to bring it to the Town Board's attention, then I suggest after the meeting that you either put together a letter, or forward the paperwork to the town with specific complaints, and then we can review it, and discuss it in the future, if we feel that it's something that is out of the ordinary. CORRINE GARCIA: Well, for me to say I'm duly grieved right now, that's not for me to say to the Town Board. That's for me to say, or the builder to say ~in Supreme Court. What i'm saying now is, what is going to happen to ali these other people in the Zoning Board? COUNCILWOMAN LATSON: We're not the Zoning Board, that's what we can say. We're not the Zoning Board. CORRINE GARClA: Well, in the Zoning Board's attempt to gain a political point, and a political vendetta, he has made some people happy, where he's having all these other people have their lives turned around, and a letter mailed to them, saying..l've already asked if this is going to happen or not, and I was told that these people have to come into setoffs. TOWN ATTORNEY ARNOFF: I believe that in response to your question, your statement, I don't believe the Zoning Board of Appeals in this Town is one person. You're referring to it as he. It is a Board. It speaks sometimes through it's chairman, but it speaks by the vote of it's majority. I resent you saying, he, when you're referring to the Zoning Board, because I don't believe it acts as one person. That's the first thing. The second thing, I might add, is that if you have a complaint, as any citizen has the right, you can direct your comments to appropriate agency. If you're not sure of the appropriate agency feel free to d~signate those complaints to my office, and I will see to it, that it gets channeled to the appropriate agency for appropriate action, if warranted. I think that answers your question, but your mere statement, that there are people out there, doesn't make it so. CORRINE GARClA: We're talking about sixty or seventy people, that have done the same thing, that I have done, makes it so, because I've researched it, Mr. Arnoff, and for you to tell me that I don't have my information correct. TOWN ATTORNEY ARNOFF: I'm not saying that. ~ don't think you're hearing me. i don't think you're hearing me, and I'm not debating this. This is not a debate. CORRINE GARCIA: You're saying for me making an outlandish statement like that. It's a fact. I've researched it. I have these names, who did build houses, and who didn't built, houses. So if you're telling me, yes. COUNCILMAN PENNY: Excuse me, but I think the proper place to address the ruling of the ZBA is by filing an acticle 78. It's clearly indicated in the State law,, and it's indicated in the Town Code Book. CORRINE GARClA: I'm not addressing the ZBA now. I'm saying he said, no, the Town is telling me... JULY 3, 1990 COUNCILMAN PENNY: What I'm saying, is if you are aggrieved by a decision of the ZBA, the proper format to follow is to file an Article 78 in court. CORRINE GARClA: I'm not saying I'm aggrieved by it. COUNCILMAN PENNY: We have no jurisdiction over the ZBA. CORRINE GARCIA: I realize that. What I'm saying is the Town is saying, you have one piece of property. It's up to the Town to turn around and send these lettersout, and say we must come in for a setoff. Sixty or seventy people are going to get these letters now from what I'm told by a Town Attorney. I spoke to Mr. Kiernan. What's going to happen now? TOWN ATTORNEY ARNOFF: I can't answer for what Mr. Kiernan told you. what he told you. I'm certain he got that information from someone else. certainly do not confirm or deny this. That's CORRINE GARClA: What I'm saying here, if you can't say, okay, approval goes to Garcia. You can not do, but all these people can. That's what I am not happy with. TOWN ATTORNEY ARNOFF: I think l've answered your question. I think I've told you what you should do. CORRINE GARCIA: Okay. I will write a letter then, and take it up, and you'll channel it the proper office. Is that what you told me to do? TOWN ATTORNEY ARNOFF: ! think I've made myself clear. SUPERVISOR HARRIS: is there anybody else, that would like to address the Board on any matter? CHARLES ZAHRA: I don't know if you are aware that I'm petitioning the Town ~with regards to some of my property on Pike Street, 140 Pike Street. I'd like to hand out a petition, that number 1,400 individuals in the Town, who are in agreement, that enough is enough. Approximately one thousand of these people, I think, I've spoken to myself personally. It's not an easy chore going around doing something like this. I hope I never have to do it again. But I must say, it was a very uplifting experience speaking to all these individuals. It's also made me feel that i'm not the only one, that has problems with the Town. There are many problems out there. I wouldn't want to be in you people's shoes, especially around election time, after hearing some of their feelings. One of the questions, .-- that was asked of me while I was out canvassing, how many do you need, how many numbers? It was an interesting question. I really couldn't answer them. i'm not qualified to answer it, but I gave some thought to it. I would like to ask you a question, Scott. Approximately how many people in the Town vote. SUPERVISOR HARRIS: I think there's over 10,000 registered voters. CHARLES ZAHRA: How many people actually vote? SUPERVISOR HARRIS: Somewhere around 8,500, 9,000 people vote. CHARLES ZAHRA: I was told approximately 5,000. SUPERVISOR HARRIS: It's more than that. CHARLES ZAHRA: Again, how many do I need? I think 1,400 is a fair example of the population, not that each and every one is qualified to vote. If I was to ask you the question, how many do I need? I think I could get that number. If you told me I need 8,000 registered voters, I can get them. Now, out of the 1,400, there were ten in opposition. Ten people. ~A couple of them did not live around here, knew nothing of the area, knew nothing of the project, and I can understand that. One had me tried and convicted, and I can understand that, after listening to some of things he said. He only heard one side of the story, and that's fine, too. A couple of people were afraid of retribution. I feel sorry for those people, and I hope the same things never happens to them. The total ten, I'll say this, if they should ever run into this problem, ever, I'll be the first one there to help them get through it. What I handed out along with. my petition~, the reason why I feel my permit was pulled. I don't know if you're aware of this. Here's a outline of the conversation between myself and Mr. Lessard. On November 5th, here's an application under the freedom of information, on November 4th, which Judy received a copy in her office, and there's a bill from a copy machine I purchased on November 5th from the North Shore Business Products. The amount means nothing, details of the machin_e, the paper, and the cabinet that I wheeled into Town Hall. These dates are very important, as 489 490 JULY 3, 1990 you well know. If you don't remember, i'11 refresh your memory. On that same, very day, my permit was pulled, revoked. For those reasons, and those reasons alone, I feel that's why my permit was pulled, because I was trying to execute my rights under the freedom of information, and I also, consider a violation of my constitutional rights. That's it in a nut shell. I'm sure any jury would agree with it, and I may get that chance yet. SUPERVISOR HARRIS: Mr. Zahra, can we have a copy of that? CHARLES ZAHRA: Yes. ! haven't been up here in quite some time. I felt I'd give this Board, enough time to handle the matter. I believe, the last time I was up here was 4/10/90 according the minutes I have here. Is there any new progress on this issue? SUPERVISOR HARRIS: Yes, based on the information you have provided, the Board, today, took appropriate action to look into the matter, as brought forth, and matters are being executed at this time. CHARLES ZAHRA: The matter has been looked into for some time. SUPERVISOR HARRIS: The Board deliberated today, and directed the Town Attorney. CHARLES ZAHRA: Okay, because I was told that at this last meeting, that I would hear something after the ZBA deliberated on it from Mr. Arnoff, and as far as I know the ZBA has rendered a decision of sorts sometime ago. I have not been able to access that. I haven't tried with the FOl. I don't know if they would give it to me or not. TOWN ATTORNEY ARNOFF: Which decision are talking about? CHARLES ZAHRA: over to the ZBA. time? I understand the ZBA looked into this matter. You sent it Do you have objections to my getting a copy of this, at this TOWN ATTORNEY ARNOFF: No. Tonight? CHARLES ZAHRA: No, I don't mean tonight. TOWN ATTORNEY ARNOFF.' And I won't be here tomorrow, Charlie, but I will be glad to, before the end of the week, the report of the ZBA, I have one in my office. I'll be glad to give it to you. CHARLES ZAHRA: Fine. That's basically all I have to say, unless you have any questions. SUPERVISOR HARRIS: I don't have questions at all, Mr. Zahra. Thank you for your time. Is there anybody else, that would like to address the Board on any matter? WILLIAM PELL.' Billy Pell from Greenport. I want to know two things. First of all, I'd like to know once we acquire the Norris property, what do we plan to develop it, use it, what's it going to be used for? SUPERVISOR HARRIS: There's a set of covenants and restrictions, that go with the purchase of the property. Mr. Arnoff, do you have them in front of you by any chance, what the covenant are? TOWN ATTORNEY ARNOFF: Basically it's passive use. It's an open space type of use. In the event, my recollection is for twenty-five years, if the Town chooses to sell it, they will bring it to the right of first refusal, if we sell it. WILLIAM PELL: To Norris? TOWN ATTORNEY ARNOFF: To Norris. It's a right of first refusal. It's not an option. It's not an option at any fixed price. I don't think.that we caN't put any structures up on the property. It's basically to be retained in it's orginal condition, I~ut that's really what they want. WILLIAM PELL: Retain it like it is now? TOWN ATTORNEY ARNOFF: There will be no maintenance, perse, by us. In other words, they have tried to put mowing and maintaining the fence and that was removed. I'd be glad to show you a copy of the contract. I have it in my office. I just didn't think I'd need it here tonight. It's available for you if you like. JULY 3, 1990 491 WILLIAM PELL: How big a piece of property? COUNCILMAN PENNY: About two acres. COUNCILWOMAN LATSON: It's 1.7. COUNCILWOMAN OLIVA: It's 1.8, I think. WILLIAM PELL: I'm trying to see in my mind, how will the general public know this is Town property, that they can walk on it, they can go down to the lake, launch a canoe? How will we know this? SUPERVISOR HARRIS: Probably the same way as many other parcels, that the Town has purchased over the years. There's not going to be any general posting, this is Town property, such as any other areas that the Town owns. It's just going to be an area for preservation. Obviously, we don't want development on it. We feel it's too pristine an area to have development. That lake is very special, and that is what the intent is, of the Open Space Committee, obviously, and this Town Board by purchasing this property. WILLIAM PELL: So there will no way that the town,other than looking up on a map. SUPERVISOR HARRIS: And reading about it in the media. WILLIAM PELL: Well, years from now, somebody moved into town, they would have no way to know, this is for your use, if you want to go on it. There would be no way at all. SUPERVISOR HARRIS: Basically, Bill, it's like any other piece, the County will purchase, or .the Town purchases, it will be available if somebody wants to know, is there any property that the Town owns around the lake, so people :.could access it from some point. Obviously, it will be made available, if they asked that question. I'm sure anybody would be able to tell them. COUNCILWOMAN LATSON: There are various publications. I have a book that lists all the parcel owned by each town in Suffolk and Nassau. So in those type of publications, it would be listed. WILLIAM PELL: Basically, but there would be no sign saying, this is the boundary line here, this is the boundary line here. Don't go on the other people's property. COUNCILWOMAN LATSON: Not at this stage. WILLIAM PELL: Second question. Up the Sound Road, are you retaining the water property, or does that go with the sale of the property? SUPERVISOR HARRIS: Which parcel, Bill? In Greenport? Sixty-seven steps are being retained by the Town. I'll let Harvey explain. TOWN ATTORNEY ARNOFF: We're retaining an easement. The area that is necessary to get to the sixty-seven steps to maintain area and maintain the s~eps, is being retained as an easement by the Town. So the answer to your question is a technical, legal question, Bill. So, we're selling the whole parcel with every- thing, waterfront, everything, subject to the easement that the Town will have, and it's citizens, and the general public over that parcel in that northwest corner. WILLIAM PELL: My next question is, how much waterfront on the Sound will the Town own after you sell this piece on the easterly side? TOWN ATTORNEY ARNOFF: Nobody owns any wat.~rfront on the Sound, because the highwater mark is in the public domain. WILLIAM PELL: When you go down the sixty-seven steps.. TOWN ATTORNEY ARNOFF: Then you're at the high water mark, aren't you? WILLIAM PELL: You're about 20 feet above it. TOWN ATTORNEY ARNOFF: We have an easement to the Sound. WILLIAM PELL: How wide is it? SUPERVISOR HARRIS: It goes ri§bt out. It goes straight out. 492 JULY 3, 1990 SUPERVISOR HARRIS: Are you talking about wide or depth? WILLIAM PELL: Right down to the water. SUPERVISOR HARRIS: It goes right out to the water, right to the high tide mark. I think it's approximately 40 feet. I think there's approximately 101~ foot left besides the 40. I think it's a 140 foot parcel orignally, or 150 foot. WILLIAM PELL.' My follow-up question is, do you feel that is enough watert:ront to take care of the people ,l~la-ckt:ishing up there, swim up there, or go up there to walk down that 40 feet. I've been there, Scott. I've lived there. We went over to the east, because we knew the Town owned that piece. If we go to the west, we get people on our back, get off of our beachr and they're right. COUNCILWOMAN OLIVA: Below the high tide is anybody's. WILLIAM PEI_L: I agree. My point is, at high tide, you have 8, 10, 12 cars up there. Men go down there fishing. It's high tide. You're giving them forty feet where they had 140 feet before. You're taking something away from the public, that have used it for years. Is this your intent? SUPERVISOR HARRIS: The intent is to sell the parcel of property, and still retain use by the public for sixty-seven steps, and the maintenance, and that forty foot, or whatever it is easement, that goes with that. WILLIAM PELL: So your intent is to cut the public use down to approximately from 140 feet to 40 feet? SUPERVISOR HARRIS: Approximately, I guess that would be a good interpretation. WILLIAM PELL: Does this have to call for a referendum? SUPERVISOR HARRIS: Not necessarily. It's subject to a permissive referendum. WILLIAM PELL: How do we make sure it does get one? Request it? TOWN ATTORNEY ARNOFF: voters. If there's the possibility you want to meet with me to discuss a another type of an easement, which we might use-over the waterfront, that might be something the Board might consider. We haven't specified the type of easement, if you read the resolution here, it's an ingress and egress at this point. We can do what we want when we advertise it for bids. So, we're not locked into any specific thing. I think you have to get five percent of the registered WILLIAM PELI.: I'm very much against the Town selling any waterfront property. They don't make anymore. The one in Orient, ! feel upset. When you sell water- front property, which only goes up in value. We are buying some on a lake. SUPEI~VISOR HARRIS: Mr. Pell, let me ask you a question. Your objection to this parcel in the manner it may be sold, where you in objection to the County purchasing Orient Point? Why not? WILLIAM PEI_L: Because it was for public use. SUPERVISOR HARRIS: Was it? What can the public do with that piece of property? WILLIAM PELL: Walk down there. 'SUPERVISOR HARRIS: That's all they can do. They can not fish. They can not ride their bike. There was approximately 44 acres of beautiful property, that has been removed, that the taxpayers of this Town can not use, except for walking to. That's a shame. : WILLIAM PELL: I walked up there. I love it. I love to walk Orient Point, and look at the water. I enjoy that. I do. Some people don't. SUPERVISOR HARRIS: But what I'm saying is, the same thing that exists there, there was an amoun~ of property where the Town should have purchased that, and they didn't, for the Town to use, and unfortunately the County came in and when they purchased it, they eliminated everybody from using it, except for a walking trail. That to me is a crime~ JULY 3, 1990 493 WILLIAM PELL: That's perhaps why I'm a little upset about selling this portion of land. SUPERVISOR HARRIS: Is there anybody else in the audience, that would like to address the Board, on any matter? (No response.) A motion to close? Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:25 P.M. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED.