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HomeMy WebLinkAboutTB-08/11/199286 SOUTHOLD TOWN BOARD AUGUST 11, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards (12:10 P.M.), Councilman George L. Penny IV, Councilman Thomas H. WicRham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff (11:10 A.M.), Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:40 A.M. Town Historian Antonia Booth met with the Town Board to discuss the loan of the log of Captian William Sinclair, the first Horton Point lighthouse keeper, as well as his naturalization papers, to the Southold Historical Society for display at the Horton Point Lighthouse Nautical Museum. These artifacts were recently do- nated to the Town. Also in attendance at this time was Wesley Dickinson, President of the Southold Historical Society, and Clifford Benfield, who has done much work on the museum, and assured the Town that there is an alarm system and anti-theft devices at the Nautical Museum. The Board agreed to the loan, and placed resolution no. 13 on the agenda to execute an agreement with the Historical Society for same. 9:55 A.M. Councilman Lizewski reported on his meeting with Michael LoGrande, Suffolk County Water Authority, Suffolk County Department of Law, Division of Real Estate, and a representative of the County. Executive, with respect to the order of priorities for acquisition of land around Laurel Lake with the 1/4% sales tax monies for the preservation of the groundwater. Last year the Town submitted a list of six priorities, and the County would now like the Town's first two priorities, which is the Macari parcel and the Aldri Associates parcel (see resolution no. 12). 10:20 A.M. The Town Board reviewed the resolutions to be voted upon at the 7:30 P.M. regular meeting. EXECUTIVE SESSION 10:25 A.M. On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Assistant Town Attorney Kiernan, Town Clerk Terry, Town Attorney Arnoff (11:10 A.M.).--The Board discussed personnel, litigation, contract negotiations. 1:25 P.M. - Work Session adjourned. 87 REGULAR MEETING A Regular Meetinq of the Southold Town Board was held on Tuesday, August 11, 1992, 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 Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T~ Terry SUPERVISOR HARRIS: It's been a miserable evening with thunderstorms, and lightening, and heavy rains, and I'm glad to see that there's so. many individuals out for some of our presentations, that we'll be working on in just a few minutes, I need a motion to approve the audit of the bills of August 11, 1992. Moved by COuncilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the following audited bills be and here ordered paid: General Fund Whole Town bills in the amount of $211,089.00; General Fund Part Town bills in the amount of $76,205.38; Nutrition Fund bills in the amount of $3,953.89; Adult Day Care bills in the amount of $466.72; SNAP Program bills in the amount of $3,607.11; EISEP Progam bills in the amount of $300.80; Community Development Fund bills in the amount of $16,495.60; Highway Fund Whole Town bills in the amount of $11,309.91; Highway Fund Part Town bills in the amount of $32,714.60; Gull Pond Bulkhead Repairs bills in the amount of $3,532.21; Hydrogeolic Landfill Study bills in the amount of $18,525.45; Open Space Capital Fund bills in the amount of $31,498.11; Computer Capital Account bills in the amount of $3,668.46; Waterfront Revitalization bills in the amount of $588.41; Employee Health Benefit Plan bills in the amount of $22,072.01; Fishers Island Ferry District bills in the amount of $113,968.00; West Creek Estates Road Improvement bills in the amount of $765.00; Southold Wastewater District bills in the amount of $1,648.50; Fishers Island Sewer District bills in the amount of $538.43; West Greenport Water District bills in the amount of $543.50; Southold Agency & Trust bills in the amount of $7,033.89; Fishers Island Ferry District Agency & Trust bills in the amount of $317.46. 'Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of August 5, 1992, Southold Town Board meeting on Fishers Island. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the August 5, 1992, regular Town Board meeting on Fishers Island be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the next regularly scheduled Southold Town Board meeting of August 25, 1992, at 4:00 P.M. Moved by Councilm'an Wickham, seconded'by councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southol Town Board will be held at 4:00 P.M., Tuesday, August 25, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time with very deep and sad regret I have to read a resolution honoring a member of the Zoning Board of Appeals, that passed away last night, and if you wouldn't mind I'd ask you please, to all stand while I read this eulogy. 8 AUGUST 11, 1992 Moved by Supervisor Harris, seconded by the Entire Town Board, WHEREAS, this Board has learned with deep sorrow of the death of CHARLES J. GRIGONIS, JR., a member of the Southold Town Board of Appeals; and WHEREAS, in his service to the people of the Town of Southold as a charter member of the Zoning Board of Appeals since April 19, 1957, Mr. Grigonis ' distinguished himself as a dedicated, conscientious, and concerned public servant; and WHEREAS, the Town of Southold is grateful to the family of CHARLES J. GRIGONIS,__ JR. for sharing him with the Town for the many years he gave of his time, talents and energy; and ~ WHEREAS, CHARLES J. GRIGONIS, JR.'s record of ou~t~anding public service, diligence to duty and dedication to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he served; and WHEREAS, CHARLES J. GRIGONIS, JR. exemplified the qualities of l~adership and dedication, and was an individual of great integrity, who was esteemed by his associates and respected by all; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby expresses its great loss in the passing of CHARLES J. GRIGONIS, JR., and. when the Town Board adjourns this day it does so out of respect to his memory; and be it further RESOLVED, that a copy of this resolution be entered into the minutes of this Town Board meeting, and a copy be presented tb the family of CHARLES J. GRIGONIS, JR. so that we may extend to them our sincere sympathy. DATED.' August 11, 1992. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold 2. Southold 3. Southold 4. Southold 5. Town of 6. Southold 7. ' Southold 8. Southold 9. Southold 10. Southold 11. Southold July, 1992. 12. Southold 13. Southold 14. Southold 15. 16. 17. Town Community Development Monthly Report for May, 1992. Town Community Development Report for June, 1992 Town Supervisor's Budget Report for May 31, 1992. Town Supervisor's Budget Report for June 30, 1992. Southold. Audit Report for December 31, 1992. Town Building Department Monthly Report for July, 1992. Town Town Town Town Town Clerk's Monthly Report for July, 1992. Planning Board Monthly Report for July, 1992. Police Department Monthly Report for June, 1992. Justice Tedeschi's Monthly Report for July, 1992. Scavenger Waste Treatment Facility Monthly Report for Town Dog Shelter Monthly Report for July, 1992. Town CSEA Benefit Report for July, 1992 Town Supervisor's Budget Report for July, 1992 Southold Town Board of Trustees' Monthly Report for July, 1992. Councilmen's Report. Supervisor's Report. II. PUBLIC NOTICES. Ill. COMMUNICATIONS. None 1. Allan S. Connell, President of Southold Little Leacjue Association thanking the Town for their assistance with the Little League Program IV. PUBLIC HEARINGS. None. . V. RESOLUTIONS. SUPERVISOR HARRIS: We have two orders of business tonight, ladies and gentlemen. The first order of business is to enter into public discussion, if there are any members of the audience, that would like to discuss any resolutions that we,ll be acting upon in the next few minutes. (No response.) If there is none, we also have a special dedication tonight, which will be presented by our Landmark Preservation Committee. This will be the inclusion of the Presbyterian Church into the Town's Registrar of Landmarks, and if the members, and the delegation who are here, and certainly Mr. Stack, who is Chairman of the Land- mark Preservation, would like to enact, and move on this first, before we get into the business of the evening. We certainly could do so at this time. JOHN STACK: The First Presbyterian Church has a long and well-documented history. It is the oldest organized entity in the Town of Southold. The Landmark Commission recommends to the Town Board that the First Presbyterian Church buildings and site be listed on the Southold Town Register of Historic Landmarks. The Church was organized at Southold in 1640, according to the Church History, as "The First Church of Christ" under the leadership of John Younges (Youngs) from Southwold England. The Church history also tells us that "on October 21st of that year sanction was given to it as a church by an Ecclesiastical Council gathered from churches in the vicinity of New Haven." This history, as well as other writings, is inc uded with this recommendation. ~ As was true in the Massachusetts Colony, none but church members were al~wed to hold office or vote at Town meetings. The Church and Town were one~. The Church was the first Town Government. In June of 1784, the Southold Church elected trustees and was incorporated as the "l~irst Church, Congregation or Society in Southold" under a New York State law enacted only two months earlier. The Southold Church was the first one in New York to be so incorporated. This action placed the parsonage, church buildings, cemetery and church lands under the control of the Trustees of the Church. Two church buildings existed before the present one. The building we studiedf of post and beam construction, was erected in 1803. Although many changes have taken place, much of the original fabric is still in place and functioning well. Embellishments were added as time and new pastors left their, imprint. Architectural points of interest of the 1803 origins are as follows: The timbering discernable in the attic and cellar. Paneling throughout the church showing the effects of old time smoothing, called "scrub planing'~. Moldings on doors and windows are original although some outer moldings were added later. The main doors are 1803 vintage. The boulders supporting the posts are still in place. Changes were made after 1803. The steeple was added three to five years later. The Church seating was changed in 1850 and embellishments, such as additional moldings which added an Italianate flavor to the trim, were applied. Between 1851 and 1892; the bell was hung in the steeple, the Lester clock set in place, the floor carpeted, the seats cushioned r the cellar excavated and a furnace, with chimney, put in l~lace. Between 1892 amd 1894, the large wooden posts were replaced with smaller iron ones, the large chandelier was hung f~om the ceiling, the high pulpit was removed and the present platform laid, an addition for a choir loft and a small choir entry were made when the organ was installed. The present First Presbyterian Church as been a landmark in our town for 190 years and certainly it has been an intregrai part of our history. The Southold Town Landmark Commission is pleased and proud to request the Town Board to include the First Presbyterian Church of Southold on it's Register of Landmarks. SUPERVISOR HARRIS: I'm pleasedto have in front of me, obviously, a Certificate which will include the First Presbyterian Church of Soutbold as a historic land- mark, and to the Town Register, and at this time I'd like to ask Mr. Oltmanns, President of the Board of Trustees of the First Presbyterian Church of Southold~ to come down, and I'll present him with this. This certificate reads as follows: Town of Southold Historic Landmark First Presbyterian Church, Southold, New York. This structure has been designated a Landmark, that contributes signifi- cantly with the heritage of the Town of Southold, and certainly contributions of this kind go without much saying, because it's obvious with the inclusion of anything that continues our rural heritage, and the rural character of this town be preserved, is, not only should be embellished, but also, should be recognized by the people of the town for the significant contributions that have been made in the past by all these structures. The Landmark Preservation Commission is a Commission of volunteers~ that works very hard, and of course, Mr. Stack, and members of your committee, look into many, many structures in the town for inclusion, and they have to do a tremendous amount research, and background to make sure it's authentic, and that the inclusion will be official by the Town Board. John r I don't know if you'd like to say a few words at this time. JOHN STAC'K: I'm tremendously happy to have this building on our Register of Landmarks. As you know, the only way they can put on the Landmark is to have people apply to have them put on. We don't just go out, and grab people, and landmark their house. They must apply to us £o be put on, and the church came to us~ and said that they would like to, and I'm delighted, because it's the oldest organization in the Town, and certainly our history is intergrated fully with this organization, and I'm delighted. SUPERVISOR HARRIS: Mr. Oltmanns, on behalf of the Town Board of the Town of Southold, congratulations for inclusion, and thank you for being part of our history, and the continuing effort that we make to make Southold a great place to live for each, and everyone of us. 0 AUGUST 11, 1992 WARREN OLTMANNS: I thank you on behalf of the church, Reverend Roy Brewer, the congregation, We're very happy to be part of the process of searching out older buildings in the Town of Southold. We also are very happy, and joyful, that we had as a Trustee Bob Fleald, who initiated this project, and kept on with it until tonight, and we thank him very much, and I would say in conclusion, that we pledge to Keep the church as best we can in it's present form operating, the grounds, and we'll all be proud of it. We thank you very much.' SUPERVISOR HARRIS: For the members of the audience, out in our lobby we will have on display for some time, the history of the Presbyterian Church of Southold, and I think you'll find tt~at the memorabilia, ~.~i;t' the articles out there are of great interest to those historians in this town, as well as those who are visiting,' and enjoy the heritage, that $outhold has to offer. Thank you and congratulations, again. I'm certainly glad to see there are certain members, that are going to stay with us as we do the business of the evening, and Mr. Harry Fagan, who is in the audience, has certainly provided a tremendous amount of press time for the individuals for the church, as well as, of course, the Land- mark Preservation Commission, making sure that everyone, all the media is notified of this historic event, and Harry, for that, thank you for your continuing volunteer work, that you do. On behalf of the Town, thank you. (Also present from the Landmark Preservation Commission were Ralph Williams and Robert Bayley.) Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby designates The First Presbyterian Church, Southold, New York, as a Southold Town Landmark, all in accordance with the recommendation for designation by the Southold Town Landmark Presvervation Commission, and acceptance of designation by the Board of Trustees of The First Presbyterian Church. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 1.-Moved by Supervisor Harris, seconded by Councilman Wickharn, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reimbursement of $21.00 to Mark Gagen, member of the Southold Town Youth Committee, for expenses incurred when he took four teenagers to Suffolk County's "Summer Fun Beach Blast Day" at Smith Point Park when the Town of Southold bus to the event ~vas cancelled ..... 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.rMoved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following 1992 budget for the Consolidated Local Street and Highway Improvement Program (CHIP'S): Revenues: DB1.2401 Interest & Earnings $ 1,190.00 DB1.3501 Consolidated Highway Aid 138,972.00 DB1.5990 Appropriated Fund Balance 91,203.00 Appropriations: DB1.5112.2 CHIPS Capital Outlay $ 231,365.00 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I might add, that the CHIPS money is a continuing battle, that all the towns in New York State fight for when the Legislature moves to do budgetary restrictions, or cutbacks, usually the Consolidated Highway Funds are one of the first that they offer to go, and many towns through the New York State Association of Towns, which I'm proud to belong to, as well as many other towns throughout New York State have lobbying effort, and we do have time to get involved when we get the Budget note sent to us about the elimination of CHIPS, and through the lobbying effort of all the towns together, collectively, we have found it possible that we can keep the CHIPS money coming from the State of New York. These monies are used strictly for the refurbishing of our highway systems on Town roads. This is the repaving, the resurfacing, that Ray Jacobs, and his crew, do, so eloquently, and without this money it would it make it virtually impossible to do the amount of roads, the mile lanes, that we do each year. 3.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James C. McMahon, Director of Program Evaluation, as the Town of Southold's Americans With Disabilities Act (ADA) Coordinator, effective immediately, i~e to serve in such position without compensation. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Lizewski, seconded by Supervisor ~rris, it was RESOLVED that the Town Board of the Town of Southold~ereby authorizes James C. McMahon, Director of Program Evaluation, and Southold Town's Americans With Disabilities Act Coordinator, to attend the Americans With Disabilities Act (ADA) seminar in Newburgh, New York, on August 27, 1992, and the actual expenses for registration, meals, and transportation, using a Town vehicle, shall be a legal charge against the Town Boa'rd's 1992 Budget. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ budget modification to the General Fund - Whole Town 1992 Bud.ctet to change the accounting procedure regarding Serial Bond interest payments: From: Revenues: A5031 Interfund Transfers $ 1'15,400.00 Appropriations: A9710.7 Serial Bonds, Interest $ 115,400.00 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman ¥~ickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an acjreeement between the Town of Southold and the North Fork Early Learning Center, 600 Wickham Avenue, ~¢,attituck, New York, whereby the North Fork Early Learning Center will provide child care services to Iow and moderate income residents in the Town of Southold, for the period of May I, 1992 through April 30, 1993, in consideration of the payment by the Town of the sum of $5,800.00; all in accordance with the approval of the Town Attorney. 6.~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in ~the amount of $1,086.00 (47 tickets at $23.00 each, plus $5.00 shipping and handling fee) for the October 18, 1992 New York Islander vs New York Ranger hockey game; check to be made payable to Madison Square Garden, charge to be made to A7320.4, Joint Youth, Contractual Expenses. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James Bunchuck provisionally to the position of Solid Waste Coordinator, effective August "1~1, 1992, at a salary of $39,729.67 per annum. The Town has been advised by the Suffolk County Department of Civil Service that they do not have a Certificate of Eligibles List for this postition. 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This postion that Mr. Bunchuck has just been put into is a recommendation by the Department of Civil Service. There was a title change for Mr. Bunchuck. This is not a new position as far as a new individual. It is a new position in title only, but the individual, who has been doing the job at the landfill, Mr. Bunchuck, now has a new title. AUGUST 11, 1992 9.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Bud~tet to cover anticipated needs for the remainder of 1992: To: A1440.4 Engineer, Contractual Expenses $ 500.00 From: A1910.4 Insurance, Contractual Expenses $ 500.00 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman ¥¥ickham, Councilman Penny, Justice Edwards~ Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check for the Aucjust 19, 1992 Great Adventure Trip (amount to be determined at a later date as registration is still ongoing); check to be made payable to Six Flag Great Adventure; charge to be made to A7320.4, Joint Youth, Contractual Expenses. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman ~Vickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer Cherepowich and Jason Galvin as Beach Attendants for the remainder of the summer season, effe-ctive immediately, at a salary of $5.83 per hour; and be it further RESOLVED that authorization is hereby c~ives to Recreation Supervisor Kenneth Reeves to hire Beach Attendants and Lifeguards as the need arises for the remainder of the summer season. 11.-Vote Of th~ Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Again,' an explanation of this resolution. Between now and Labor Day many of our Beach Attendants are returning to college, and that includes, of course, our Lifeguards, and they don't give the Town much notice unfortunately, when they do leave, so this gi.ves the Town the neccessary authori- zation to hire individuals, that were interviewed earlier, and on a list to keep the Town beaches facilities in operating capacity. So, it's very important that this resolution be enacted tonight, as well as others that we've had to do in the past, when the end of August has come around. It's a continuing process every year at this time. 12.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold, by resolution no. 21 adopted on'June 4, 1991, requested the Suffolk County Department of Law, Division of Real Estate, and the Suffolk County Legislature to include the following parcels located within the Town of Southold, in the list of lands to be acquired by the County of Suffolk through the Revenue Sharing Element of the Suffolk County Drinking Water Protection Program [1/.4% sales tax monies), all parcels located around Laurel Lake, Laurel: 1000-125-1-14 31.7 acres - Nofo Associates 1000-121-5-5.1 70.8 acres North Fork Bank Development Corp. 1000-121-4-9.1 64.6 acres - Joseph T. Macari 1000-121-3-7.1 45.1 acres - Peconic Homes Corp. 1000-121-4-10.1 8.2 acres - Douglas Miller & another AND, WHEREAS, the Town Board wishes to give priority-to two parcels, for acquisition, one of which is on the County of Suffolk's priority list; now, therefore, be it RESOLVED that the Town Board hereby submits the following two priority parcels 'to the Suffolk County Department of Law, Division of Real Estate: 1. 1000-121-4.9.1 64.6 acres - Joseph T. Macari 2. 1000-125-1-I 48.6 acres - Aldri Associates 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. AUGUST 11, 1992 93 13.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, the Town of Southold has recently received the log of Captain William Sinclair, the first Horton Point lighthouse keeper, as well as Captain $inclair's naturalization papers; and WHEREAS, the Town Historian Antonia Booth has advised the Town Board the the most appropriate place for these significant historical documents is the Nautical Museum at the Horton Point Lighthouse, and has requested that the Town Board lend the artifacts on a long term basis to the Southold Historical Society; now, therefore, be it RESOLVED by:the Town Board of the Town of Southold that Supervisor Scott L. Harris be and he hereby is authorized to execute an agreement between the Town of SoUthold and the Southold Historical Society pre,~.iding for the lending of these documents to the Southold Historical Society fo~'~display at the Horton Point Lighthouse Nautical Museum. 13.-Vote of the Town Board: Ayes.: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved b'y Councilman ¥~ickham, seconded by Justice Edwards,-it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Agricultural Advisor,/ Committee, effective August 11, 1992, for the follo~,ing terms, they to serve in said postion without compensation: August 11, 1992 - August 11, 1994 Jim Cross Leander B. Glover, Jr. Fred Lee Ralph PuGliese Martin Sidor Robert Van Bourgondien August 11, 1992 - Auc3ust 11, 1993 Sanford Friemann David Horton Frank McBride John Sidor Catherine simicich Gene Vanden Bosch 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice EdWards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to congratulate and thank the following members, who have asked to serve on this volunteer advisory committee. The Board feels that it's very important that the voice of the agricultural industry in this town be strong, and heard, certainly not only by this ~3oard, but by other individuals who are working towards the preservation of agricultural lands in Southold. Also, it's very important that this industry is sustained, and recognized by the Southold Town people as being the most vital industry that Southold has right now to offer for recreational purposes, and certainly, this committee when it meets, and it will be meetin~ very shortly, it will be working on a chairman. We hope that this committee will serve in such position as many other advisory committees have done in the past for the to'~n of Southold to advise this Board on, certainly, many, many items, and agendas, that they feel need to have recognition, when it come to their industry, and I'm .oleased to be part of this Board that has enacted, and created the $outhold Town's first Agricultural Advisory Committee. 15.-Moved b;J Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an additional $325.00 in fees to Bruce Anderson, Environmental Consultant, with respect to his preparation of the required SEQRA documents on the Town Board's Local Law No. 14 - ~992, "A Local Law in Relation to Zoning" (Home Occupation, Home Business Office, Home Professional Office). 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. 16.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes the payment of the outstanding $4,221.29 medical bill from The John T. Mather Memorial Hospital, which has been outstanding since January 2, 1990, for John Stulski, legally separated husband of Town employee Christine Stulsky, whereas the hospital failed to send the bill to the Town's administrator, Lawrence Health- care, in a timely manner, and the Town's plan provides for the payment of said bill. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 94 AUGUST 11, 1992 17.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James McMahon, Director of Proc~ram Evaluation, to submit applications to the necessary regulatory agencies for the following projects: Fishers Island Boat Ramp Backfill of bulkhead at the end of Skippers Lane, Orient Correction of erosion problem at the end of Rocky Point Road, East Marion 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards,~Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the application of Frank Sawicki for renewal of his sincjle family house trailer permit, for trailer located on the north side of Old North Road, Southold, used to house farm help under the 4-H Program, which permit expires on September 23, 1992, be and hereby is c. tranted for a six (6) month period. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: That was the last order of business. This Board has met now for three consecutive weeks. The resolutions that we worked on tonight, some of them were carry-overs. Not a lot of them, but some of them had been talked about in a previous meeting. This meeting was rather short when it came to the business of the town. This Board has been working hard for the last three weeks, and I'm sure is going to enjoy a week off, until the next Town Board meeting, which is scheduled for the 25th. I'd like. to compliment this Board on it's meeting on Fishers Island. The people on Fishers Island certainly displayed, what they felt were needs of their community. This Town was, I think, very courteous in listening to the needs of that community, as' well of course, all the needs that continue on the mainland. We are working on many of those endeavors, and have been for some time, and Judge Edwards, who certainly represent the Island, as well as, of course, the people as whole in Southold Town, continually brings to light the needs for the people where he resides. I don't think enough credit is given to Judge Edwards for his understanding of the issues more so probably than any of the Board members, because he deals with them on a daily basis, and members, of course, that are not on the Islao~d, or reside on the mainland do not get into the conversations, or are not part of the workings of Fishers Island on a daily basis, such as Judge Edwards is, and there were many people in the audience that I think, on Fishers Island, that should have given Judge Edwards more credit than they had. I was kind of disappointed that many members who spoke in the audience representing various-civic associations did not credit Judge Edwards enough for his fight. If they had been over here, and attend Town Board meeting, they would see, and they'd read the minutes, they would understand how the Judge continuously puts forth needs for Fishers Island, at the same time caring about the needs of the mainland. Judge, I just want to say, that I hope that in the future there are more individuals over there, that will communicate through you, rather than through their individual groups, and then once a year bring to the Board's attention certain items, which on an ongoir~g basis should be brought to your attention, so that you can continue to work with the Town Board on many problems that Fishers Island has, of course, as well as the problems, that exist on this side. Are there any members of the audience at this time, that would like to address this Board on any issues? ALFONSE MARISSAEL: My name is Alfonse Ma'rissael. Orient Point. Two years ago I though we had that settled with the blasting device, which they use on farmland. Last year it was a very quiet summer, and now starting yesterday the farmers across the way, across the road from us, next to Terry's house, started blasting away.. Now, I wonder what's going to happen now to our tranquillity for the rest of my life? Do we have to expect this every summer, or what? I thought we had that straightened out two years ago. Now, this man has started again. I don't know if it's Terry. It could be someone else, that's next to his house. Maybe he rented it out to somebody, and he's using it. I should think that farmer Terry should be responsible for that. Now, it's every minute. It used to be, when they started that five years ago, it was a minute and 20 seconds, and then it was stretched out to five minutes, when he did it during the night two years ago, and now it's every minute. I believe he has two of them. Now, what can we do about that? 95 SUPERVISOR HARRIS: As you know, this Town has had complaints in the past from individuals, who have lived around farms. You know that this is a, certainly, a short duration, that these..I guess they call them boom guns, or whatever the technical term is for them, that chase the birds away from the corn, and certainly the grapes have the same problem. There are many bills, that have been passed by Suffolk County, Farmer's Bills of Rights, which will allow a farmer to do this process, certainly not in a disruptive manner, but certainly in a manner that is conducive to his business, in short term, usually just when that crop is vunerable to birds, and then usually the boom guns end. At this point, this is the first that this Board has heard. I hav~ not heard any complaints from others. ALFONSE MARISSAEL: This just started. SUPERVISOR HARRIS: So, this is the first that this Board has heard about that. We certainly can ask the Town Attorney what his recommendation would be in this case, but I know that there are Farmer's Bill of Rights, when it comes to farming operations. Now, whether that includes going into the night, whether this gun has been on automatic, and nobody has attended to it, that is something I guess that certainly we ask the Town Attorney to do some research. Maybe, Mr. Wickham has some information on these weapons. ALFONSE MARISSAEL: Can I say something? You talk about Farmer's Bill of Rights, what about our rights? They are infringing upon our rights. They never did that before. Five-years ago vineyards started that a year before that. I can't see, this says the Southold Code prohibitive use is in all districts. I've read this a couple of times before. Now, this is quite plain to me, that the farmer has a Bill of Rights, what is it not put in here? Why isn't it said, accept farmers who do this? It's not in here. SUPERVISOR HARRIS: The reason, probably the reason, andl'lllet the Deputy Supervisor George Penny explain, he does chair.the Legislative Committee, which enacts changes to the Code, maybe he can explain why it has not been included yet. COUNCILMAN PENNY: We addressed this, I believe, when you were here two years ago. I had, and I still have somewhere a copy of that Suffolk County law, which says the Town can not pass a law, which will infringe upon the rights of these individuals. Now, I know it's taken into the Town Code, because when the County passed a law there's no requirement for us to make an exception in our Code because of a County law, but we can not pass a law according to the law that the County passed, which will supersede the rights, which they gave -the farm community. Now, this is a problem, and I realize it's an annoyance, and some people it effects more than others, and I think maybe once we have this new Agricultural Committee in place, which we just appointed tonight, that we should be discussing items such as this, so that we can foster a good relation- ship between the agriculture community, and the residents of this community. So, I would hope this comes up very early on their agenda, and that we can come up with a mutual understanding, that everybody can live with, and hopefully resolve your situation. ALFONSE WIARISSAEL: You talk about cooperation, I'm willing cooperate, if he's losing crop, I can understand. If he put it on for an hour or so, I can live with that. Sep's told me some time ago, if he sees too many birds, he'll put it on for an hour, or two. He said we had residences over there. The man, is civilized, but this guy here, I don't know something wrong with him. COUNCILMAN PENNY: I can't speak for that. I did speak to Mr. Terry personally two or three years ago after you came into the Town Board, and I don't know that anything were changed, but I did personally put in a call to Mr. Terry, and that's really as far as we could go at this time. ALFONSE MARISSAEL: Two year's ago, he was doing this right through the night, for eight hours straight, starting .June 28th until July 1st. It started Friday morning went right through the Saturday night, all day Saturday, right through to Sunday morning. It was 48 hours straight. Well, it was not every minute, it was five minutes, a big improvement. 96 AUGUST 11, 1992 COUNCILMAN PENNY: Have you been to see him personally? Have you been to speak to the man personally? ALFONSE MARISSAEL: Not lately. Twice that I went he was very hostile. not going to have a brawl with a man like that. I come here. I've finished speaking with that man, as of four years ago. SUPERVISOR HARRIS: We're fortunate that we have a Councilman who is a resident farmer, and maybe Mr. Wickham can explain the use of the guns, and what the frequency normally is for this. i COUNCILMAN WICKHAM.- There's nothing much I can say, except the guns can. be regulated. They can be turned off. They can be turned on. ALFONSE MARISSAEL: He moves it around. COUNCILMAN WICKHAM: That's right. I can't make any comment about how another farmer uses the guns, but I think the suggestion of sitting down with the man, and talking to him, is a good one. ALFONSE MARISSAEL: I'm not going to talk with that ~man. COUNCILMAN WICKHAM: Are there other people in your community, who are similarly affected? ALFONSE MARISSAEL: Yes. I have a list of names here. COUNCILMAN WICKHAM: Would any of them be prepared to talk with him? ALFONSE MARISSAEL: I don't know if they want to talk to him. COUNCILMAN WICKHAM: I think that's the way to start, before any kind of disciplinary action, or any kind of enforcement action should initiated. There ought to be an effort made to talk to him, find out exactly what the procedure is, whether or not he would be willing to put them on at certain times, and not at other times, and adopt some limitations to it. ALFONSE MARISSAEL: And then he's going to put it-on-through the night, two, and two days back to. He's not a man to speak to. He's not responsible. You can not do anything with a person like that. I want to tell you about, there is a video tape. It's called Beyond The Expressway. It talks about Orient. It's very good. Constance Terry says, and of the tape,, it's a very quiet neigh- borhood here, but the only thing that mars it is the traffic, the traffic noise. Are you worried about traffic noise, or about this bird gun? That's a lot worse. It can't compare to that. I live on the road there. I hear the traffic. I'm not bothered by it (tape change) the farmers using tractors, and raising the dust using chemicals. I don't object to that. That's his livelihood, but if he's going to start destroying my quality of life, then I have to say something. SUPERVISOR HARRIS: Councilman Lizewski? COUNCILMAN LIZEWSKI: _Those farms up in Orient are very heavy laden with deer, and I think that one of the few areas that give multiple permits for people to actually go in, and get rid of an awful lot of the wildlife. That is a very fertile area for wildlife. I think some of the farmers out there have a little bit more of problem with deer and other types of wildlife then we do further on to the North Fork. ALFONSE MARISSAEL: He had that trouble before he used a gun. COUNCILMAN LIZEWSKI: It may be at a very crui:ial time for him. I don't know the economic position. I'm just saying that it is an area where.. ALFONSE MARISSAEL: Just pu{ it on for an hour or so, but not all day. COUNCILMAN LIZEWSKI: Most wild animals are nocturnal, and birds are certainly- not nocturnal, but the wildlife up there is..there's just an awful lot of it. I think that the best way to handle it would be talk to Mr. Terry, if he's the one doing it, but I think on a personal one to one basis the best way to solve most of these problems. AUGUST 11, 1992 97 SUPERVISOR HARRIS: I know you haven't registered an official complaint with Police, at least you haven't stated that you've done that yet. AI_FONSE MARISSAEL.' I did two years ago. SUPERVISOR HARRIS: I will talk to the Chief of Police, who resides in Orient, and I will ask him if he will speak to which ever individual is involved with this. I'm not sure if it's Mr. Terry, or some other farmer that may be renting land. I don't know, but I will ask the Chief if he will contact y?u, and he will then preceed from that step. In the past when the complaints_~have come in, they've usually been resolved very quickly, just by having a F~o~i'i~ce Officer sit down with the individual, and usually an agreement can be worked out very quickly, - and many times the individuals don't realize that the guns did not go off at night, if they don't reside to them. 'Now, I don't know what farm this is, or who is renting the land or whatever, but I certainly will mention to the Chief, and let him contact you, and hopefully you can get it resolved. ALFONSE MARISSAEL: The former Supervisor said to me just what you said now, and he made an appointment, but he never showed up. SUPERVISOR HARRIS: I know I met with you two yea~s ago when this came up, and I think we had Mr. Terry, at that time who was the individual who was having a problem, come in and we had a meeting. I'm not sure who else was' at that meeting, but I know that a resolve was agreed upon at that time, and certainly I'm almost absolutely sure that the same resolve can come about again. ALFONSE MARISSAEL: l'm willing to cooperate with him, but he's got to cooperate with me. I don't want him to stick his foot in the door, 'because I'll kick it out. The next time, that's the end. Thank you. SUPERVISOR HARRIS: Are there like to address this Board on any Town Board? any other members of the audience, that would issue? (No response,) Any members of the COUNCILMAN WICKHAM: I've been asked to make a brief announcement about the 14th Annual One Dish Sailing Picnic sponsored by Save the Bays, and the Cornell Cooperative Extension. The 14th Annual One Dish Sailing Picnic is to held this Saturday on about 1:00 o'clock at the Cedar Beach Maffiri~ Research Center. It's a one dish picnic. Everyone who comes is invited to bring a dish of their own, plus they're invited to sail in. They'd like to see as many sailing P~ople as 'possible: In the afternoon there's a bunch of games.. One of the games is a tug-of-war between the people of the North Fork, and the people of the South · Fork. So we need some heavy-weights out there from both. sides to sort of tug. Appropriately, Scott, the empire is from Shelter Island. For a fund raiser for this, in the evening they're having a square dance at $15.00 a ticket, also, at the Cedar Beach facility, all the proceeds to go to Save the Bays, and the Cornell Cooperative Extension effort, so I hope a number of people will support this worthy cause. SUPERVISOR HARRIS: Are there any other members of the 13oard? COUNCILMAN PENNY: I would just like to note that Charlie Grigonis had spent some 35 years with us, and h~'s going to be greatly missed. At some point in time, we're going to have to search for somebody to fill his shoes, and it's going to be most difficult, because with 35 years experience on a ZI3A. One of the key criteria for being a ZBA member is totally familiarity with the parcels which you are addressing, and somebody that has spent the time, and the effort, and the patience that Charlie has in working with the Board all tEese years, has a great familiarity which a new Board member could never be expected to bring to the Board. It's-going to Re a very long learning process. When you lose somebody with a tenure like that it's almost impossible to fill their shoes, so to speak, so there again; on that note, and on a personal note, Charlie will be sorely missed. In regards to Judge Ed~vards, and the job that he does on Fishers Island, some of the people over there, that only come out maybe in the summertime, and don't partake of his services on a yearround basis really miss the time, and effort, that the Judge puts out on behalf of his constituents at no charge. He provides a service to the Department of Motor Vehicles in Riverhead, and I know that the Judge spends hours, and hours, on those tedious lines. I spend one hour on the line this summer trying to register a boat, and when I was speaking to 8 AUGUST 11, 1992 the Judge; he said, that wasn't bad at all, one hour. When I go in there with a dozen applications for people, or a dozen pieces of business that I have to transact, he said, I stand on the line for an hour, they let me do three, I stand in the line again, they let me do another three, I stand in the line again, they let me do another three, and maybe if I have something really, really quick they'll let me sneak in a fourth. So, the Judge has probably spent no less than three or four hours at a clip up there on the Motor Vehicle Department, and if anybody has been there, especiall,/ over the summertime, you know how blasted boring that can be, and I think that the people that don't recognize the Judge for his efforts are really missing on something, because this is a~.phenomenal service that .t prov des for h s const tuents on F shers Island, just one of the many. JUSTICE EDWARDS: Thank you, George. SUPERVISOR HARRIS: Are there any other members of the Board, otherwise I'll entertain a motion to adjourn. (No response.) Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:25 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution Was declared duly ADOPTED. Judith ~T. Terry ~/' Southold Town Clerk