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