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HomeMy WebLinkAboutTB-07/17/19901 SOUTHOLD TOWN BOARD JULY 17. 1990 WORK SESSION 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, Superintendent of Highways Raymond L. Jacobs, Town Clerk Judith T. Terry. 9:20 A.M. - Discussion was held concerning the advisability of rescinding the Board's July 3rd resolution to sell the Town-owned (67 Steps) property on Long Island Sound, at the foot of Sound Drive, Greenport (see resolution no. 14). The Board concluded that for the present time they should also rescind their July 3rd resolutior; authorizing the sale of the Town-owned property on Long Island Sound, at Sound View Drive, Orient until a plan can be formulated with respect to the future use of that property (see resolution no. 15). 10:00 A.M. For Discussion Items: (1) Proposal to charge a fee to the Village of Greenport for the Town Assessor's services in preparing their assessment rolls. Supervisor Harris will set a meeting with the Village Board to discuss this as well as other items of mutual concern. (2) Letter from Tree Committee Chairman Edward Dart asking permission to place an announcement in both local newspapers thanking the contributors to their recent successful tree planting project. Since there is only $100 in the donated tree-bank fund, and the announcement would list certain local nurseries and landscapers, which the Board feels would be-advertising, it was .decided that Supervisor Harris would invite the contributors to an up-coming Town Board meeting to receive a certificate of appreciation. (3) Covenants and restrictions for Southold Villas to be referred to the Planning Board for comments and a final decision will be made by the Town 13oard on July 31st. (4) Discussed method of p~y for individual on National Guard Duty. In a discussion with Town Attorney Arnoff, later in the day, it was agreed that the individual should receive his regular biweekly pay less the National Guard pay. (5) Discussed appointing Robert Villa the Town's Advocate for Suffolk County preservation or open space funds (see resolution no. 22). Later in the day discussion was held concerning the appointment of Robert Villa to the Solid Waste Management Task Force (see resolution no. 28). (6) Letter from Charles Cuddy, attorney for Russell Mann, application for a change of zone, asking the Town Board to conduct an "in house" review of Mr. Mann's Long Environmental Assessment Form, rather than engaging Cramer & Voorhis. The Board concluded they will proceed with their previous decision to have Cramer & Voorhis conduct the review. (7) Letter from Lombardi Associates with respect to the Fisher Island Sewer District and the disposal of septage into the system by A. J. Gada. Lombardi recommends that dumping be discontinued as the risk of damage to the pumping station and leaching fields would be increased and cost of repair and/or remediation would be borne by the FISD. Mr. Gada will be advised of the situation and asked to discontinue dumping.----Other items discussed: Councilwoman Wickham submitted his proposal for a "Second Garbage Informatior~ Meeting" on July 26th (see resolution no. 23).--Councilman Penny asked that consideration be given for a new bond resolution, to be voted on at the November General Election, for farmland preservation-and/or open space acquisition funds.--Commissioners of the Fishers ~ Island Garbage and Refuse District will meet with the Board on July 20th to further discuss dissolution' of their district.--Board discussed creation of a Custodial position for the 'Recreation Centaur to replace the custodial contractor who terminated his contract (see resolution nb.~'~26).--Discussed the need to purchase additiona! property around the landfill Supervisor Harris to write to adjacent property owners.-- Councilwoman Latson reported on her recent visit to the Scavenger Waste Plant and the lack of maintenance of system. The Board will discuss this with the Village Board when they meet.--Councilwoman Latson also reported on the progress of the Site Selection Committee for The Way Back home for mentally disabled. 12:40 P.M. - Recess for lunch and to attend the dedication of the Old 13ayview School House at the Southold Historical property, Main Road, Southold. 3:20 P.M. Work Session reconvened. Town Attorney Arnoff and Assistant Town Attorney Kiernan present. ---Councilman Penny discussed several pending items, including proposal to amend the Highway Specifications, appointment of Robert Villa to the Solid Waste Management Task Force, and amendments to Peddling and Boat laws.--Mr. Arnoff discussed: National Guard pay, and the Southold Villas covenants and restrictions. JULY 17, 1990 EXECUTIVE SESSION 4:00 P.M. - On motion of Councilwoman Oiiva, seconded by Councilwoman Latson, it was Resolved that the Town Board enter into Executive Session. Vote of the Board; Ayes: All. The Board discussed litigation, personnel and the proposed purchase of property by the Town. 5:00 P.M. - Audit of vouchers. 5:35 P.M. - Work Sesson adjourned. REGULAR MEETING 7:30 P.M. A Recjular Meetinc~ of the Southold Town Board was held on Tuesday, July 17, 1990, at the Southold 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 HARRIS: audit of the bills. 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 The first order of business will be the approval of the Moved by Justice Edwards, 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 $97,820.66; General Fund, Part Town bills in the amount of $50,338.11; Nutrition Fund bills in the amount of $173.69; Adult Day Care bills in the amount of $42.57; SNAP Program bills in the amount of $106.45; Community Development Fund bills in the amount of $2,000.00; Highway Fund, Whole Town bills in the amount of $6,621.42; Highway Fund, Part Town bills in the amount of $14,970.13; Agricultural Land Development Rights bills in the amount of $2,600.00; Fuel Tanks and Police Building bills in the amount of $79.50; Employee Health Benefit Plan bills in the amount of $18,576.51; Fishers Island Ferry District bills in the amount of $33,946.57; Southold Wastewater District bills in the amount of $1,300.14; Fishers Island Sewer District bills in the amount of 3557.08; West Greenport Water District bills in the amount of $2,203.00; Southold Agency & Trust bills in the amount of $364.76; Fishers Island Ferry District Agency & Trust bills in the amount of $106.15. 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: An approval of the minutes of the regular Town Board meeting of July 3, 1990, and the Special Town Board meeting of June 26, 1990, is in order. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the minutes of the June 26, 1990, Special Town Board meeting, and the rec~ular Town Board meetinc~ of July 3, 1990 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 regular Town Board meeting will be held on July 31, 1990. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the next regular meetinc~ of the Southold Town Board will be held at 7:30 P.M., Tuesday, July 31, 1990, at the Southold Town Hall, Southold, New York. JULY 17, 1990 Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Pe~'i~, :'jU~ti~e':~Ed~/arciS, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold Town Justice Edwards' monthly report for June, 1990. 2. Cablevision subscriber complaints for the month of May, 1990. 3. Southold Town Justice Tedeschi's monthly report for June, 1990. 4. SouthoId Town Clerk's Monthly report for June, 1990. 5. Scavenqer .W~ste Treatment Facility Report for June, 1990. 6. East Er~d Rec~Elrng Association Quarterly Project Report for the New York State Department of Environmental Conservation, April 1, 1990 to June 30, 1990. 7. Lawrence Healthcare Health Benefit Plan Report for June, 1990. 8. Lawrence Healthcare PBA Health Benefit Plan Report for June, 1990. 9. Southold Town Board of Trustees Report of fees collected for the month of June, 1990. 10. Southold 11. Southold May 31, 1990. 12. Southold 1990. 13. Southold 14. Farmland June 30, 1990. 15. 16. Town Recreation Department Monthly Report for June, 1990. Town Supervisor's Monthly Budget Report for month ending Town Quarterly Investment Activity Report ending June 30, Town Police Department Incident Report for June, 1990. Preservation Committee Activities Report for the Year ending Councilmen's Reports. Supervisor's Reports. I1. PUBLIC NOTICES. 1. U.S. Army Corps. of Engineers, New York District, application of Core,/ Creek Association to construct a timber floating pier assembly and install timber pilings at Corey Creek, Little Peconic Bay, Southold, New York. Written comments by July 30, 1990. 2. U.S. Arm`/ Corps of Encjineers, New York District, application of Sebastian Cove Property Owners Association, Mattituck, to replace a bulkhead, install finger piers and dredge with ten years maintenance, at Mattituck Creek, Long Island Sound, Mattituck, New York. Written comment by July 31, 1990. 3. New York State Department of Transportation Desiqnation of Restricted Hicjhway. on Route 25 at Dam Pond Channel between Mile Marker 69.6 and Mile Marker 69.7, a distance of 0.18 miles in the Town of Southold, which is being reconstructed under Contract No. 253233. Designation shall expire May 31, 1990. 4. New York Department of Environmental Conservation, Notice of Complete Application of Barry Savits to construct one single family dwelling with septic system, swimming pool, deck and circular drive with 75 foot wide buffer of undis- turbed natural vegatation, located at 1580 Soundview Ave., Southold, New York. 5. New York Department of Environmental Conservation, Notice of Complete Application of Doris Johnson to construct a 1680 square foot first story addition and 960 square foot second story addition onto an existing 634 square foot one and a half story multiple family residence (single parent), and a deck, walkway, and access ramp, located at 429 Kaplan Avenue, Greenport, New York. 6. U.S. Army Corps. of Engineers, New York District announcing the reissuance of a Regional General Permit authorizing the construction of timber piers, ramps, floats and morring piles for non-commercial use in Nassau and Suffolk Counties, New York. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 8:00 P.M. regarding "A Local Law in Relation to Accessory Buildings''. V. RESOLUTIONS. SUPERVISOR HARRIS: Before we go into the resolutions, is there anyone from the audience, who would like to address the Board on any resolution, which we are entertaining tonight? DECIA FATES: Decia Fates from Greenport. I have a petition to submit to the Board, and I would like to read it to you: We, the undersigned, believe strongly that the Southold Town Council must reconsider it's recent resolution to sell two waterfront properties, one at the end of Sound Road (known as 67 Steps), north of Greenport and another in Orient. To trade and/or sell our prime natural resources to private speculation and development, for short term financial gains or for whatever immediate beneficial reasons is a clear violation of the public trust and will deny present and future generations of Southold Town residents, as well as our many visitors, the complete and natural access to the water, the beach and the surrounding environment. We further believe that our elected officials JULY 17, 1990 can find more enlightened ways to raise funds to expand and improve facilities at the Recreational Center in Peconic, and that these two properties be maintained as public domain with free and natural access for all. SUPERVISOR HARRIS: Thank you, Mrs. Fates. Anyone else from the audience? RICH.CAGGIANO: ~.Ric~h Caggiano, President of the Greenport-Southold Chamber of Commerce. I have'~.~tter from the Board of Directors, which I will read. The Board of Directors of the Greenport/Southold Chamber of Commerce applaud the Town Board for their decision to reconsider the sale of Town owned waterfront property. Because there is only a limited supply of waterfront property in existence, it is one of our most valuable resources. This Town owned property provides one of the few places for public access to the waterfront. As development encroaches and the population increases future generations will increas'ngly appreciate the foresight you had to retain this property for their use. Although the Chamber agrees that more recreational facilities are needed in Town, and that the sale of surplus land could provide revenues for that purpose, we suggest that for the future the Town Board: 1. Inventory and prioritize all Town owned land. 2. Define the criteria used to determine which land is "surplus'. 3. Determine the "economic Impact" of the sale or purchase of public land. 4. Allow for public input when a decision to sell or purchase land is contempleted. As al, ways the Chamber offers its assistance in any way the Town Board may feel is appropriate. Respectfully submitted, Rich Caggiano, President for the Board of Directors. SUPERVISOR HARRIS: On Friday, I asked the Town Clerk to put a resolution on the agenda to rescind this resolution for the 67 Steps. Many of you, of courser did not know that. You couldn't have known that, and I've talked to Mayor Hubbard, and he said, please, as Supervisor don't get rid of this most valuable piece of property, that we have, and I said, certainly, because of your wishes and everybody else's wishes, we certainly are not going to proceed in that direction. So that's how early this introduced and Judy had it on the agenda since last Friday, and the Mayor is very appreciative. I just want you to know that this piece of property is still going to be used by most of the residents, not only of Southold Town, but certainly of Greenport, and those who have been generations there before. Certainly there will be generations there in the future. So for all of you to know that's how early this came through:~ We, also, have continued ahead on rescinding the property in Orient for sale. Originally, that was just going to be amended, but now we've rescinded that also, so both parcels are going to be rescinded, and never again, hopefully, if we can get our rules and get our covenants and restrictions in place, be sold in the future. So that was the direction the Town Board has taken, and at this time I'd like to introduce Resolution Number 14. We're going to take these two out of order for most of you tthat are here,for that specific reason, and I'll read 14. 14.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution NO. 27, adopted on July 3, 1990, declaring the Town-owned property at the easterly side of Sound Drive, Greenport, to be surplus property, and authorizing the sale of said property. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Olivaf Councilman Penny, Justice Edwards, Supervisor Harris. This' resolution was declared duly ADOPTED. JUSTICE EDWARDS: With a statement, yes. We had a long talk with Ray Jacobs today, and he said that, of course he's for this resolution, but we would like to make a park up there, but it seems we can't keep anything on top of the steps, because of the kids. They just throw everything over. You put a picnic table up there r you put a garbage pail up there r and it just gets thrown over. They just take care of it. I'm voting yes on this resolution, but maybe you can pass the word around, that the Town would be glad to make it a lot neater than what it is r if we could get some cooperation from the public. EDNA QUARTROCHE: It's not only the children, or as you say the young people. There are a great many older people, that should know better, and we live up there and we've seen it. So, you can not pinpoint our youth. JUSTICE EDWARDS: I'll pinpoint to you. You can get the word around. SUPERVISOR HARRIS: I'm voting yes, and again, I'd like to, also say that the Town Board is looking into putting covenant and restrictions on 67 steps to make it a passive park a~d again, that will make sure that it will never, never have the opportunity to be sold in the future. Also, we did as Ray said, discuss the future. When it is designated to be a passive area, a park, of putting picnic tables and so on back up there, and it was reminded to us as a Board once again, that this was tried in the past, and that it did end up over the Sound bank. People ripped the concrete. We had it set in concrete and they ripped it out of the concrete, and threw it over the edge of the bank, tables, benches and so on, so that is why it has never been placed back up, just for that reason. JULY 17, 1990 But we are, as I said, moving toW~'~d~':'p~i~ :Park with covenant and restrictions, that our Town Attorney is working on right now. So, yes, I am voting yes, obviously. The next resolution is Number 15. 15.-Moved by Councilwor~a~Oriva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 28, adopted on July 3, 1990, declaring the Town-owned property at the northerly side of Sound View Road, Orient, to be surplus property, and authorizing the sale of said property. 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: And, again, with a statement that we're going to work with covenant and restrictions, also, on this parcel. It's apparent that, that parcel can never be used, at least we don't think it can be used for anything that could be for Town purposes. But, again, we're going to keep it in the state that it's in. It is a waterfront piece of property. Actually it was a paper road through old subdivision. That was the thinking years ago, in the fifties and sixties, all subdivisions that were planned, always had a road that ended by the waterfront. So this was theoretically a paper road that was placed up there, in that subdivision back in the sixties, when it came into it's inception. So, we're working, again, in that direction, and that should take care of these two parcels once and for all, now and forever, so thank you for your concern. WILLIAM PELL: Scott, if I could on behalf of all the people here, thank the entire Board for doing a reavaluation of a resolution they passed two weeks ago, both resolutions, Orient and Greenport. To me, I feel our waterfront is the second most asset, that we have in our Township, and I think the Town should hang on and accumulate more of it, as we go along, like you did in Marratooka Lake. It's our second biggest asset we have out here. I thank the Board. SUPERVISOR HARRIS: On behalf of the Board, we thank you, too, for your concern. COUNCILMAN PENNY: What's the first? WILLIAM PELL: The first? You want to know what the first is? It's the people. SUPERVISOR HARRIS: I'd like to just say one thing before you all leave. This Board is designated and dedicated towards open space for the Township. It has been moving in that direction, expeditiously ever since January, and will continue to do so, and hopefully in the future we'll be able to have a lot more open space,_ recreation area, and waterfront property for all the residents of Southold Town to use, not only for today, but future generation, also. GEORGE SABINO: George Sabino. Just one more thing about the boat ramp in Mattituck. SUPERVISOR HARRIS: Mr. Sabino, if we go through the resolutions, as soon as we get done with this, we have another public section on other subjects right after that is you could wait until we get through with that, we'd be glad to entertain any thoughts, that you have on any other subject at that time, if you have the time. GEORGE SABINO: Are we going forward with it? SUPERVISOR HARRIS: Yes, I'd like to explain that to you at the appropriate time. GEORGE SABINO: Thank you. 1.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to the Southold Fire Department and Southold Fire Department Racinq Team, First Settlers, to use the followin9 Town Roads for staging of men and equipment for their 20th Annual Old Fashioned Parade and Drill, on Saturday, August 11, 1990, beginning at 6:00 P.M. (rain date: Sunday, August 12, 1990, beginning at 1:00 P.M.), provided they secure and file with the Town Clerk a Certificate Insurance for One Million Dollars naming the Town of Southold as an additional insured: Tuckers Lane, Griswold Street, Terry Court, and Glover Street. 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 Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the 5 6 JULY 17, 1990 followinc, l 1990 Budcjet modification to the General Fund - Part Town: To: B8020.2,~Planning, Equipment $ 1,000.00 From: B8020.4 "~l~nning, Contractual Expenses $ 1,000.00 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman /atson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilwoman Latson, seconded by Councilman Penny, it was RESOLVED that the application of Eugene Vanden Bosch, Northeast Nurseries, for renewal of his Watchman/Caretaker trailer, located on the south side of County Road 48, between Cox Lane and Bridge Lane, Cutchogue, which permit expires on August 8, 1990, be and hereby is granted for a six (6) month period. 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. 4.-Moved by Justice Edwards, seconded by Councilman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 37, adopted on July 3, 1990, appointing Edgar Hills as a Special Counsel to the Town Board. 4.-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 Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Barry Warren as a Special Counsel to the Town Board to investigate alleged improprieties and/or irregularities which have come to the attention of the Town Board; Mr. Warren's appointment to be effective immediately, at a com- pensation of $125.00 per hour. 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 Councilman Wickham, seconded by Councilman Penny, 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: A1990.4 From: A1010.4 A1110.4 A1310.4 A1320.4 A1330.4 A1355.4 A1410.4 A1420o4 A1680.4 A3310.4 "A3610.4 A4010.4 A5182.4 A5650.4 A6410.4 A6772.4 A7020.4 A7110.4 A7145.4 A7180.4 A7270.4 A7410.4 A7510.4 A7620.4 A8030.4 A8090.4 A8310.4 A8540.4 A8560.4 A8830.4 Contingent, C.E. 40,438.00 Town Board, C.E. Justices, C.E. Accounting & Finance, C.E. Ind. Auditing & Accounting, C.E. Tax Collection, C.E. Assessors, C.E. Town Clerk, C.E. Town Attorney, C.E. Central Data Processing, C.E. Traffic Control, C.E. Examining Boards, C.E. Public Health, C.E. Street Lighting, C.E. Off Street Parking, C.E. Publicity, C.E. Programs for the Aging, C.E. Recreation Administration, C.E. Parks, C.E. Joint Youth, C.E. Beaches, C.E. Bands & Concerts, C.E. Libraries, C.E. Historian, C.E. Adult Recreation, C.E. Research, C.E. Environmental Control, C.E. Water Administration, C.E. Drainage, C.E. Tree Committee, C.E. Shellfish, C. E. 4,000.00 935.00 250.00 2,000.00 480.00 1,075.00 650.00 1,000.00 1,910.00 475.00 595.00 1,660.00 5,750.00 578.00 750.00 2,750.00 350.00 400 00 600 00 1,000 00 40 00 10,000 00 200 00 450 00 100 00 250 00 150 00 1,040 00 175.00 825.00 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.-Moved by Councilman Penny, 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: B1990.4 Contingent, Contractual Expenses $ 24,885.00 JULY 17, 1990 From: B1910.4 Insurance, Contractual Expenses B3120.4 .~Police, Contractt~al .Expenses B3130.4 '~a~' Constable, Contractual Expenses B3157.4 Juvenile Aide Bureau, Contractual Exp. B3620.4 Safety Inspection, Contractual Expenses B40113.4 Public Health, Contractual Expenses B8020.4 Planning, Contractual Expenses $ 8,500.00 9,980.00 1,500.00 255.00 1,000.00 50.00 3,600.00 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 Oliva, seconded by Justice Edwards, 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: B8010.4 Zoning, Contractual Expenses $ 2,000.00 From: B8020.4 Planning, Contractual Expenses $ 2,000.00 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budget modification to the General Fund - Whole Town: To: A9050.8 Unemployment Insurance $ 7,000.00 From: A8160.1 Refuse & Garbage, Personal Services $ 7,000.00 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 Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1990 Budqet modification to the General Fund - Whole Town: To: A1680.2 Central Data Processing, Equipment $ 215.00 From: A1680.4 Central Data Processing, Contr. Exp. $ 215.00 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. 11.-Moved by Councilwoman Latson, 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 Budget Modification between the County of Suffolk Office for the Aging ' and the Town of Southold for the Town of Southold Nutrition Program, for the period of January I, 1990 through December 31, 1990, which modification results in a zero net change· _ _.11 ._Vote of the Town Bc~rd: ~,y~s~: _C_o_g~n~cilmao~ Wickhara, Councilwoman Latson, · Councilwo~'aan Oiiva, councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul Corazzini & Sons Inc., Greenport, for supplying the Southold Town Highway Department with One Thousand (1,000) tons, more or less as may be needed, of Sand Mix Asphalt with 5% AC20 - 3% mineral filler to be used, at the bid price of $23.50 per ton, all in accordance with the bid specifications. 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 Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the application of Stephen D. Mudd for renewal of his single family farm worker trailer permit, for trailer located on the property of David L. Mudd, at the north side of County Route 48, Southold, which permit expires on July 23, 1990, be and hereby is granted for a six (6) month period. 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. 16.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget mc~dification to the General Fund - Whole Town 1990 Budqet for the transfer of monies from the 350th Committee's Donated Funds held in Trust & Agency: To: Revenues: A2705 Donations $ 1,096.42 Appropriations: A7550.4 Celebrations, Contractual Expenses $ 1,096.42 JULY 17, 1990 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 Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj 1990 budcjet modification to the Fishers Island Sewer District: To: SS2.1440.4 Engineer, Contractual Expenses $ 1,624.45 From: SS2.1990.4 Contingent $ 1,624.45 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 Supervisor Harris, seconded by the entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby declares "Children For A Future: the official soncj of the Southold Town 350th Anniversary. ("Children For A Future" - written by Try-5 - Gall 13. Rast, Vocals, Gregory C. King, Drums, Frederick J. Miner, Keyboards, Keith R. Tyrer, Keybords & Saxophone, Edward M. Wisawaty, Bass Guiter, produced by Try-5 and Southold Town, recorded b~/ Try-5 and Children For a Future Chorus.) 18.-Vote of the Town Board: Ayes: Councilman Wickhamr Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, A Local Law in Relation to Vehicles & Traffic"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 31, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1.Section 92-32 (Yield intersections) is hereby amended by deleting the following: YIELD SIGN ON DIRECTION OF AT INTERSECTION LOCATION TRAVEL WITH (hamlet) Beach Road East Manhanset Avenue Greenport 2. Section 92-30 (Stop intersections with stop signs) is hereby amended by adding thereto the following: STOP SIGN ON DIRECTION OF AT INTERSECTION LOCATION - TRAVEL WITH (hamlet) Beach Road East Manhanset Avenue Greenport II. This Local Law shall take effect upon its filing with the Secretary of State. 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 Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the continued employment of Denise Conte as a Work Study Clerk to enter parcel history from the Assessor's Property Record Cards to the Town's parcel data base, at a salary of $5.00 per hour; said charge to A1310.1, Accounting & Finance, Personal Services. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Brian H. Campbell as a Youth Worker for the Saturday night teen dances, effective immediately, at a salary of $10.00 per hour for 3-1/2 hours per night, said charge to be made to A7320.4, Joint Youth, Contractual Expenses. 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 Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert A. Villa as Southold Town's Advocate for Suffolk County preservation or open space funds, he to serve without compensation other than reimbursement for travel expenses at $.20 per mile, said expense to charged to A1010.4, Town Board, Contractual Expenses. 22.-Vote Of the Town Boar~.',,,~Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JULY 17, 1990 9 23.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a Second Garba~]e Information Meetinq, to be held at 7:30 P.M., Thursday, July 26, 1990, at the Southold Town Hall, Main Road, Southold, New York, and approves an expenditure not to exceed $600.00 for publicity for said meeting. 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 Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED taht the Town Board of the Town of $outhold hereby authorizes all Town Board members, Town Trustee, Superintendent of Highways Jacobs, and Community Development Administrator McMahon to attend the 1990 State of the Bays Conference to be hold on Friday, July 27, 1990, at the Indian Cove Restau- rant, Hampton Bays, New York, and the necessary expenses for travel, registration, lunch and dinner shall be a legal charge against the 1990 budgets of the respective departments. 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 Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of $outhold a proposed Local Law entitled, "A Local Law in Relation to Use Regulations"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, July 31, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin~l on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Use Regulations BE 1T 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. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was - RESOLVED that the Town Board of the Town of Southold hereby creates the position of Custodial Worker I, and sets the salary for same at $20,342.40 per annum; said position to be located at the Southold Town Recreation Center, and will replace the custodial contractor who recently terminated his contract. 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 Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case Road, Cutcho~ue, on Friday, July 20, 1990, between the hours of 7:00 P.M. and 11:00 P.M. for the purpose of holding the 350th Anniversary Pagaent. 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. Z8.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert A. Villa a member of the Southold Town Solid Wast Manaqement Task Force, effective immediately. COUNCILMAN WICKHAM: I abstain, and I'd like to make a comment. Bob Villa was given an associate status on the committee some time ago, and the idea of his becoming a full member only emerged this afternoon, and I haven't had a chance to contact him. He's out of town. So consequently, I'm abstaining. I have a high regard for his qualifications, and I hope that there will be a way for him to serve,, but I have not had time to check this with him, so I'm abstaining. 28.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham, Councilwoman Latson. This resolution was declared duly ADOPTED. JULY 17, 1990 29.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby extends their contractual acjreement with Linda Kowalski, independent contractor and consultant to the Board of Appeals, from July 23, 1990 to September I, 1990, under the same terms, conditions and compensation as specified in her current contract. 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 Councilman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby increases the days worked by Carleen Graseck, part-time Data Entry Clerk in the Accounting and Finance Department, from two days per week to three days per week for the remainder of the summer, effective July 31, 1990, at a salary of $6.00 per hour. 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. SUPERVISOR HARRIS: It's eight o'clock, so we have a regular scheduled public hearing, and I need a motion. Moved by Justice Edwards, seconded by Councilwoman Latson, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconvened at 8:05 P.M. SUPERVISOR HARRIS: We will act upon this proposed Local Law. 31,..-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, a proposed Local Law No. 14 - 1990 was introduced at a meeting of this Board held on the 5th day of June, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 17th day of July, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 14 - 1990 be enacted as follows: A Local Law in Relation to Accessory Buildings. BE IT ENACTED by the Town Board of the Town of Southoid as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1.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 79,999 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). II. This Local Law shall take effect upon its filing with the Secretary of State. 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. SUPERVISOR HARRIS: That ends our regularly scheduled portion of resolutions. Are there any members of the Town Board, that would like to give any kind of reports or anything before I go out to the public to hear any comments, or any possible scenarios, that they may have, that the Town ~oard may be concerned with? I'll start with Tom. COUNCILMAN WICKHAM: I'd like to just alert the people, who are in attendance tonight, of the second public information meeting on garbage scheduled for Thursday evening, the 26th at 7:30, here at Town Hall. The purpose of it is to discuss, to get the views of the people, who come to attend, and to hear also the latest developments and update on what the Town is doing, and the future progress primarily on the recycling program, recyling both at the dump, and in terms of the carters and haulers, that bring stuff from their homes, so this is a meeting where people can learn what the developments are, and can register their views as to how they see things done. There will also be discussions about waste reduction, and measures that the Town could take to reduce the amount, the volume, of material coming into the landfill, and thereby comply with the DEC. I just want to put a plug in. I hope to see a lot of people there. SUPERVISOR HARRIS: Thank you, Tom. Ruth? COUNCILWOMAN OLIVA: I just wanted to thank the whole 350th Anniversary Committee for the tremendous job that they've done with the parade, which I thought was just spectacular. I know we ail enjoyed, and I think everybody that was there enjoyed it, and with their continued events down here at the park, I know it was well attended last night, and I saw people down there again, tonight, and certainly for the lovely dedication this afternoon of the Old Schoohouse, and the marvelous song with the kids. It's just terrific. They've done, really, a fantastic job, just great. I can't thank them enough. SUPERVISOR HARRIS: It's true. It's absolutely fabulous what they've done. Thank you, Ruth. Anybody else on the Town Board? COUNCILMAN PENNY: I just want to thank everybody for passing some of these Local Laws, and lightening the burden of the Legislative Committee. COUNCILWOMAN LATSON: We're always happy to do that. The Site Selection Committee will be looking at nine plus residences tomorrow, beginning at 10:30. They'll be meeting here. Next Tuesday at 10:30 will be a formal meeting of the Site Selection Committee, which includes the Town Board, at which time a progress or findings of the Board will be submitted. SUPERVISOR HARRIS: I would like to add a comment to that, that the Site Selection Committee and especially Ellen and other members of the sub-committee, that was appointed, which is part of the Site Selection Committee, to actually go out and investigate the homes as they've been coming into my office, and we have been seeing a number of homes on a daily basis of people that are interested in selling their home, or know of a home that could be possibl.y a new site for the group home, and Ellen has been working diligently with that sub-committee going out and looking at the homes, and we certainly are looking very hard for an alternate location at this time, and hopefully with the continued support we will be able to find one in the time constrains that we're under. TOWN ATTORNEY ARNOFF: Scott, I think you should point out, that the Way Back has been very cooperative. In fairness to them, they have attended it every time, and they have really attempted to work with the Town since we've agreed to go forward on this approach. JUSTICE EDWARDS: Just to add a little bitterness to the end of the meeting, back in May or June, when the Fishers Island Garbage Commission decided to dissolve the district, it was decided that the taxpayers on the Island should be petitioned to get their response. The Commissioners sent out a letter, and sent a petition to the various taxpayers, and got the required number, in fact there's probably 80 or 90 percent of the taxpayers, that wanted to dissolve the district. Then they were told that the petitions were illegal, because they weren't notarized. Now we're going to hack out again, and getting the petitions to the people, getting them notarized, and now we find out this morning, that, again, it might not be legal. So, I'd say Fishers island is more or less getting the run-around. It's true. There's probably some legal activities that haven't been done by the Commissioners' attorney, but the Commissioners wanted to hold a public hearing on the island atrthe same time the Town fathers came over in August. Now, we're told that we can't do-l;[~ra~t, because the time frame is out, and so we're having a meeting next Friday W'ith~ the Commissioners, and I hope we can get this thing ironed out because the majority of the taxpayers on the Island want to dissolve 2 JULY 17, 1990 the district, and the feeling on the same of the Town Board members here, is that the district should not dissolved. So this is going to more or less come to a head on Friday, and I hope it can be resolved as to which way the district can go to get this district dissolved, if it's in the best interest, and I think the commissioners feel that it is the best interest, and the taxpayers feel that way, also. I'm just putting this on record, because I have to face the people on the Island. SUPERVISOR HARRIS: Ray, I'd also, like to put on the record, that this Board has not deliberated in any direction either pro or con, with the dissolve of this district at this point. JUSTICE EDWARDS: I said some members. SUPERVISOR HARRIS: Okay. Now we'll turn it back to the public sector. At this point, are there any members of the audience, that would like to speak on any matter, which may be of importance to this Town Board? ALFONSE MARISSAEL: My name is Alfonse Marissael, Orient Point. I understand you Town Board members are to have a vote on the level as far as noise is concerned, but I'm talking about the gun, the bird gun, that one farmer, that I know of, is the only one that's doing it. I've made a complaint about that last week. I spoke to the Town Attorney, and I was told that, if he does it again at night to call them up, and they'll do something about it. SUPERVISOR HARRIS: Do you know who you spoke to, which attorney? ALFONSE MARISSAEL: Arnoff. TOWN ATTORNEY ARNOFF: About the cannons? SUPERVISOR HARRIS: Harvey, could you enlighten us a little bit on this. TOWN ATTORNEY ARNOFF: I don't recall. When was that conservation? ALFONSE MARISSAEL: Last week. TOWN ATTORNEY ARNOFF: It wasn't me. It must have been Mr. Keirnan, because it was not me. ALFONSE MARISSAEL: I got the card, and it said Arnoff. He came to the house. TOWN ATTORNEY ARNOFF: Mr. Wleczorek came to your house. He's the ordinance inspector. Your complaint is about the cannons? ALFONSE MARISSAEL: Yes, that's right. Well, so far he hasn't used the cannon. I was just wondering about this decibel level. I unders~an~ the Town Board has that. TOW'N ATTORNEY ARNOFF: To my knowledge, there's nothing in our Code ,about decibel levels and noise ordinances. There's nothing that's ever been enacted. ALFONSE MARISSAEL: I complained several times. I feel we have to live, too. I don't see why a person, who has a problem, has the right to solve it at other people's expense. TOWN ATTORNEY ARNOFF: You know, sir, as I was walking back from the dedica- tion of the schoolhouse today, a car drove by, that literally shook the street as it drove by, the sound of the speakers, and I was walking with the Assistant Town Attorney, and we commented how unpleasant that was. I think we're dealing with an age where certain sounds we have to come to gripes with, but I don't..the Town Board has to determine, and it has no legislation in front of it as to whether or not, we wish to try to come up with some type of enforceable noise ordiannce. I don't know of any municipality out here, that really has a completely effective noise ordinance. I know Riverhead has had numerous problems at the raceway. They've had people out there with machines to measure the decibel levels, and it depends on which way the wind is blowing on the night of the races, and things of that nature, for the residents. If in fact it's disturbing you, I think the local Police Department and, also, our ordinance inspector will attempt to assist the general public if there's continuing noise, like cannons, like barking dogs, and things of that nature. ALFONSE MARISSAEL~I would not classify this as a mere noise. TOWN ATTORNEY ARNOFF: I understand that. I've heard them. ALFONSE MARISSAEL: It's like a shot gun, and especially at night when it goes right through the night for three nights. TOWN ATTORNEY ARNOFF: I wasn't aware that he was doing it at night. ALFONSE MARISSAEL: Two weeks ago, he did it in two nights, from Friday to Saturday, from Saturday to Sunday. SUPERVISOR HARRIS: Sir, we're very fortunate that happen to have one of our Town Board members is, also, a full time farmer, also, and maybe, Tom would like to comment on this. COUNCILMAN WICKHAM: I have two comments. First, I don't understand why anybody would use them at night, and secondly, I don't understand what crops they would be using them for in July. COUNCILWOMAN OLIVA: Corn. ALFONSE MARISSAEL: I understand, but I don't ask him to grow corn, but I ask him not to use the gun. SUPERVISOR HARRIS: Well, I'm glad to hear that you did get a response, and the Town has acted on your complaint, and that's very important, sir. COUNCILWOMAN LATSON: And that he's not shooting it at night. ALFONSE MARISSAEL: He did it four years ago, then the following year, he got tired, and then he didn't do it as much, and the third year and last year he didn't do it at all. and all of sudden he went bananas and did it through the night. TOWN ATTORNEY ARNOFF: He certainly went bananas, if he was doing it at night. I think we can all'iagree on that. I don't quite understand. SUPERVISOR HARRIS: I appreciate you bringing that to our attention. Thank you. Is there any other members who have anything they'd like to bring up? JOE STANILAUS: I'm Joe Stanilaus. I have a map here, shows a piece of property, the Town of Southold owns west of Eastern Shores, contains an acre and one tenth. The County owns two parcels, and Greenport Village. I'd like to Know how we can have access to get to that piece of property? SUPERVISOR HARRIS: We have hundreds of pieces of property, that we have roads that go to the water and end, I~m not familiar with this piece without actually looking on a map. I see you have the tax map with you. I know the County owns to the west, right? JOE STANILAUS: The County owns 36.7. COUNCILWOMAN LATSON: The Town can not declare it as a public beach unless we put in facilities, such as toilets, parking, etc. and so forth, and life guards. JOE STANILAUS: Why can't we use it to just if you want to go fishing or some- thing,~ SUPERVISOR HARRIS: Is it actually blocked off? JOE STANILAUS: You can't get there on account of Eastern Shores. They won't let you in there. Eastern Shores has their gate. There's a sign from Town of Southold, $1,000 fine for littering. We don't see nothing, the end of our road. Why do you put a $1,000 fine there, and there's none down Gull Pond, or should say Norman Klipp beach? SUPERVISOR HARRIS: I'll be glad to find out for you. I'll look into this. If I could have your name, address and telephone number, so we can get back to you on this. LLOYD TERRY: M~y son was unable to come here tonight. We were aware that there was going to be some remarks in regard to boom of gun. Now, first of all, my son doesn't intend to do anything, and certainly isn't of malicious nature, but, I'll tell you 'what's happened this year. Raccoons got in and destroyed the entire' first crop of sweet corn. The birds came in, and destroyed most of the peas. The deer have b'6~ in, not far from this complaintants place, come out of the woods, and they're eating the shoots off the cucumbers. Now, there anywhere from $2,500 to $1,500 worth of damage every day. Now if somebody JULY 17, ~990 came in and took that much money out of your pocket, what would you do? You'd call the police. The farmer has no defense at all, except on the second amendment. He has a right to protect his life and property with a gun. We have tried every device known. We've used dried blood. We've used everything, sprayed with hinder, supposed to repel. Sometimes it's impossible. (tape change.) Very large investment in farming. You don't have the air conditioning office to work in. We don't have a set salary. YOu have to make your money in about six months of the year to cover your expenses for the whole year. Now then, there was one night that I was aware of, there may have been another, and I'll tell you what happened. It was the night we had the first two inch rain. My Freddy had had a particularly hard day, and I think he had to go to a meeting that night. I was unaware of the gun being there, or I would have turned it off, but amidst the thunder and the lightning and the rain, I could hear this. My wife says, don't I hear shooting? Now, it should have been turned off. The man that worked for him was right in the area. He could have turned it off. It's never happened before, other years. Now, fisherman use these guns. The vineyard people use them. I went to Riverhead the other day, and sure, within maybe twenty seconds of each, as I was coming down the road, bang, bang. So I says, we're not the only ones doing it. Now, I ask a question. What do you do? If the State was willing to come out and pay for the damage without going through the rigmarole of in 1987, my son had peppers, beautiful. Deer got in and ruined a quarter of an acre at $18.00 a bushel. I can't tell you how much money was involved, a tremendous amount. He protested to the Stony Brook people, DEC. They would send a man out. He hasn't come yet. But if you said somebody's shooting a deer, they would be out right away. I ask you, what does a farmer do? Mr. Marissael is the only one in that locality, who's ever said anything. Most are understanding, and I would personally thank the people, that have been under- standing, and haven't complained about it, if I knew who they were, but he's the only one, and he's repeatedly make remarks about it. Now, some people are just naturally gun shy like dogs, I guess, and maybe he was in the armed forces, and he's suffering from shell shock. I don't know. I sympathize with the man. I personally like him. I have nothing against him. SUPERVISOR HARRIS: What is the length of time, that this cannon is being used? LLOYD TERRY: Freddy has...he starts about 7:30, shut it off at 5, 5:30. I don't think that unreasonable, and there again, when you've tried everything that's been recommended, what do you do? COUNCILWOMAN OLIVA: I'll tell you one thing, I don't know if you've noticed it up your way, but I'll tell you down my way, there's deer all over the place. It's unbelieveable. I looked out making my bed, and there's a huge buck across_ the street. I've got deer, now, eating my lily buds. SUPERVISOR HARRIS: I should tell you, Ruth, that the damage that I have is the same on my property from the deer. This year alone, it's a tremendous amount. COUNCILWOMAN OLIVA: This year it's worse than ever, because my husband farms, you know, a piece _a_t Platt Road, and we've tried iust about everything just to keep the deer out of the beans. My Favorite beans, they just whisk, right down. But when they come even by the yard, and you know, ail the people are so worried about the darn Lyme tick, and with the deer around, I have friends in Orient, that have small children, they sat there and picked twenty, thirty off each of these kids, of the deer ticks, the little tiny ones. LLOYD TERRY: The DEC is in no way controlling the deer. They make a joke of it. You can shoot them with a how and arrow. You can shoot them with a muzzle loader, and you can shoot them with a shotgun. I don't believe that there's been as many deer killed by the legal gun season this year as cars. In one week there were three deer hit in the Orient area. Now, some day someone or some kid is going to hit by deer, and be killed. SUPERVISOR HARRIS: I don't know what the stats are, but it's been averaging at least one a week, has been killed on the roads, if not more. LLOYD TERRY: We used to get nusuance permit, and my son applied for it last year, when they were eating the head out of every cabbage, and cabbage was high in the fall. He complained to Stony Brook. Well, if it was in middle of the season, we'd do something about it, but it's hardly worth while now. This was in the middle of his cabbage season. Now, these people can not regulate. They're sitting up there in Stony Brook on concrete. What's happening out here in the fiel~l, if it isn't done,lo.c, ally, forget it. We might as well go out of business. SUPERVISOR HARRIS: Thank you, Lloyd. Is there anybody else, who would like to address the Town Board on any matter? ED DART: I'm Ed Dart, and I had sent you a communication regarding our Tree Committee's request to put a little notice in the local papers to acknowledge the community support of some of the nurserymen and landscapers, who were so cooperative in getting our first plant, semi-annual tree planting campaign out, to be successful. Plus, I'd like to address some of the community service groups, and I wonder what your pleasure was on that. If I could your endorsement to go out. COUNCILMAN PENNY: Scott was going to invite the people in, because we could do it for a lot less than ~300.00 to thank everybody, and budget constraints being what they are, we felt it was a lot easier to go this way, than to spend $300.00. ED DART: I was thinking it might be nice to let the public know. COUNCILMAN PENNY: Yes. Public service announcements on the radio, and I'm sure that the Supervisor's Office will be attending to that. COUNCILMAN WICKHAM: We were thinking of letters to the editor. COUNCILWOMAN OLIVA: Ed should do the letter to the editor. ED DART: There's another condition, that's just arisen in town, if you notice the removal of that lovely handsome Copper Beach tree. We don't know anything about that. I've gotten phone calls. My phone is ringing already. COUNCILMAN PENNY: Can I tell you something? Well, you were on the phone this morning, it was about quarter to nine, I answered the phone in the Supervisor's Office, and it was Bob Jenkins from Doroski's, and he said that there would probably be people in to question the fact that what is going on there, and he said the tree was very, very dead, and that is the reason that it was being removed. That is the reason it is being removed, and I have no reason not to believe exactly what he said. ED DART: I didn't make an observation of it before it was down. I'd like to think it was that. I just stopped over there and measured. It was four feet in diameter. I must have been 100 years old. COUNCILMAN PENNY: Bob will be very willing to discuss it with you, but he told me. ED DART: Is there any new construction? It wasn't prompted by anything like, well, we can't see the bank when you come from the west well enough. It wasn't anything like that. It was just sickness. SUPERVISOR HARRIS: We came back from a celebration this afternoon, and we just saw it, Ed. ED DART: It's kind of a shame. Saturday, they're marching in our parade, and celebrating Southold, and the next day they're cutting down one of our village treasures. I saw some of the brush, and the leaves looked pretty good. SUPERVISOR HARRIS: Thank you, Ed. COUNCILWOMAN LATSON: We'll make up the certificates for the nurserymen and landscapers, and present them at a Town Board meeting. We thought they would like that, being publicly recognized. ED DART: I though I might get the Kawanis Club to get them to invite them down to a dinner. Something like that, present them there. COUNCILWOMAN LATSON: According to Ray Jacobs, they saved the Town hundreds and hundreds of dollars. He's most appreciative SUPERVISOR HARRIS: We're very appreciative for the donations from these individuals. There's no doubt about that. Any way we can show that, we will. ED DART: But the expenditure out of our tree budget for the ads is no~' what you want to do? -- SUPERVISOR HARRIS: That's the direction the Town took this morning. COUNC'ILWOMAN LATS(~N'~:~.,We were fifty, fifty on it. We thought instead, we would give the certificates of appreciation, but since you have already done that. JULY 17, 1990 COUNCILMAN WICKHAM: What the Town Board essentially said, was we're very grateful for the donations of time and materials. We think it's very important for the Town of Southold. We agree with you, that some form of recognition has to be made. Then we started looking around, and there are ways we can extend that recognition short of expenditure of three or four hundred dollars, and we would be very open to whatever you and your committee could recommend, and in fact, we think there may be ways of even getting better recognition than a $300.00 advertisement would buy, and we're very open to whatever suggestions you can make, and our Supervisor and Town Board would like to kind of openly and publicly greet the various benefactors, who have done this, and I hope the newspapers would pick up on, and let it be done that way, rather than a paid advertisement, which almost seems like a mercantile type of approach. We sincerely feel that the voluntary spirit is what has made the town effective up to now, and we think the Tree Committee is a very important manifestation of it. So, why doesn't he come and visit with you, and put together a package. SUPERVISOR HARRIS: As I say, we'll do PSA, whatever it is, in recognition of the tremendous donations, these individuals have given to the Town this year. COUNCILMAN WICKHAM: And if you conclude that the only way to do, is by a paid advertisement, the Town Board would listen to that. We wouldn't reject it. ED DART: We tried to get the press story out tO the paper. We had one small photograph, that go kind of buried in the back. Hopefully, we can get a whole story. SUPERVISOR HARRIS: Ed, let me ask you right now, it's my understanding it's well over seventy trees. Do you have an actual number of how many trees? ED DART: I haven't taken a good count. I could probably do that, but there's still a few more yet to plant. SUPERVISOR HARRIS: On behalf of the Town Board, and myself, I would like to commend you and the Committee for the tremendous work you've done this year. The Town is really looking beautiful for our 350th. Is there anybody else in the audience, that would like to address the Board on any matter? (No response.) Hearing none, do I have a motion to adjourn? Moved by Councilwoman Oliva,' seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:30 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. Southold Town Clerk