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HomeMy WebLinkAboutTB-08/25/1992SOUTHOLD TOWN BOARD AUGUST 25, 1992 WORK SESSION Present: Sui~ervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski (10:10 A.M.), Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. Absent: Councilman George I_. Penny IV. 9:50 A.M. - Encjineering Inspector James A. Richter met With the Board to discuss a recent field inspection and conference with professional engineers for the purpose of correcting major defects in the Town Hall heating/cooling pipe system. He submitted a proposal from E.S. Kalogeras, P.E., Consulting Engineer, for a preliminary inspection and report. The Board placed a resolution (no. 20) on the agenda to accept the proposal. 10:05 A.M. - Edward Siecjmann, representing the senior-citizens, met with the Board to ask them to (1) initiate a study to determine how much it would change the tax rate if they increased the senior exemption to $19,800, the current,~amount allowed by the County of Suffolk, and (2) figure a way to change the assessed valuation ' by increasing the assessed valuation for homes that are being used for home occupations. · Supervisor Harris said he would present the request to the Assessors and ask them for an analysis. 10:30 A.M. - For Discussion Items: (1) Letter from the North Fork Environmental Council asking permission to commence a beautification project at the site of the -Tourist Information Center on the Main Road at the outskirts of Greenport. Linda Levy, a representative of the NFEC was in the audience, and Supervisor Harris recommended that she talk to Superintendent of Highways Jacobs, and Town Tree Committee Chairman Edward Dart. Ms. Levy said they would work with those individuals, draw up a plan and then come back to the Town Board. She said the NFEC does not expect the Town to expend funds to keep up the plantings. (2) Receipt of information concerning the 1992 Retirement Incentive Program as, authorized by Chapter 643 of the Laws of 1992. The Town Board would like to offer the incentive, and scheduled a public hearing for a Local Law on same (see resolution no. 21). (3) Letter from William C. Ridgway III PhD requesting the Town Board to 'authorize release of-Fishers Island parcel information to him in electronic form. The Board agreed to authorize the release of the information provided there is no cost to the Town. (4) Copy of a letter to Superintendent of Highways Jacobs from John Stype, President of Val Stype & Sons, Inc., transmitting recommendations from our insurance company as a result of a loss-control survey on properties of the Town. (5) Proposed resolution, recommended by Superintendent of Highways Jacobs, granting the Suffolk County Water Authority a waiver of the Excavation Permit process (see resolution no. 22). (6) Request from William Parrott of Creative Retirement Planning Inc. to use the Recreation Center for public seminar on retirement planning. The Board agreed this must be denied as it is not a not-for-profit organization, but would begin to look into the possibility of creating a new policy of renting the Rec Center for public use. Councilman Lizewski volunteered to create guidelines for such use. (7) Town Clerk submitted a current list of fees for shellfish, beach and landfill permits, and asked the Town Board to review, as bids are being solicited for printing the 1993 permits and the orders must be placed by mid-September.' (8) Receipt of a proposed draft resolution on the enhancement of Long Island Sound and a Clean Water/Jobs Platform from the Long Island Sound Watershed Alliance. This resolution was placed on the regular meeting agenda (no. 23). (9) Letter from Detective Beth D. Wilson, Project DARE Supervisor, asking the Town Board to declare September 10th as DARE Day in Southold Town and September DARE month (see resolution no. 24). 11:45 A.M. - The Town Board reviewed the resolutions to be voted upon at the 4:00 P.M. Regular Meeting. 12:10 P.M. - Recess for lunch. EXECUTIVE SESSION 1:45 P.M. - On motion of Councilwoman Hussie, seconded by Justice Edwards, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilwoman Hussie. Councilman Lizewski arrived at 2:00 P.M. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.----The Board discussed contract negotiations, litigation and personnel. 3:45 P.M. - Work Session adjourned. REGULAR MEETING A Rec. tular Meetinq of the Southold Town Board was held Tuesday, August 25, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 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 Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: August 25, 1992. I need a motion to approve the audit of the bills of Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the following audited bills be and hereby ordered paid; General Fund Whole Town bills in the amount of $138,049.55; General Fund Part Town bills in the amount of $25,418.56; Nutrition Fund bills in the amount of $3,510.54; Adult Day Care bills in the amount of $557.97; SNAP Program bills in the amount of $662.52; Highway Fund Whole Town bills in the amount of $5,814.41; Highway Fund Part Town bills in the amount of $21,535.39; CHIPS (Highway Part Town) bills in the amount of $122,086.61; Agricultural Land Development Rights bills in the amount of $14.94; Hydrogeolic Landfill Study bills in the amount of $540.00; Computer Capital Account bills in the amount of $570.00; Employee Health Benefit Plan bills in the amount of $13,269.30; Fishers Island Ferry District bills in the amount of'$90,438.00; Southold Wastewater District bills in the amount of $22,583.33; Fishers Island Sewer District bills in the amount of $855.00; Southold Agency & Trust bills in the amount of $6,724.11; Fishers Island Ferry District Ac3ency & Trust bills in the amount of $284.13. Vote of the Town Board: Ayes: Councilwoman Hussie, _Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. AUGUST 25, 1992 I01 SUPERVISOR HARRIS: I need a motion to approve the minutes of August 11, 1992, regularly sCheduled Southold Town Board meeting.- Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the minutes of the Town Board meeting of August 11, 1992, 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 make a motion to approve SePtember 8, 1992, at 7:30 P.M. to be the regularly scheduled Southold Town Board meeting. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, September 8, 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. I. REPORTS. 1. Southold Town Recreation Department Monthly Report for August, 1992. 2. Southold Town Justice Edwards' Monthly Court Report for July, 1992. 3. Southold Town Developmentally Disabled Recreation Program events for August, 1992 4. Councilmen's Reports. 5. Supervisor's Report. Il. PUBLIC NOTICES. 1. U.S. Army Corp of Enc~ineers, New York District, application of Mr. and Mrs. John G. Scott to install aquaculture nursery in Mattituck.~Creek, Great Peconic Bay, New Suffolk, Town of Southold, Suffolk County, New York. Written comments no later than August 24, 1992. 2. New York State Department of Transportation Notice of Order to establish "No Turn On Red" restriction at light in Cutchogue, New York. III. COMMUNICATION. None. IV. PUBLIC HEARINGS. 1. 4:30 P.M., Acquisition of Development Rights in the Agricultural Lands of Ralph Pugliese in Cutchogue, New York. V. RESOLUTIONS. SUPERVISOR HARRIS: At this time before this Board deliberates on resolutions, that it has before it this afternoon, are there any members of the audience that would like to address any one of the resolutions that we'll be acting upon? (No response.) If not, why don't we ,start with Judge Edwards from Fishers Island for the first resolution for the afternoon? 1.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the application of Zdzislaw Mikolajczyk for the renewal of his sin.gle family house trailer permit, for trailer located on John's .Road, a private road off of the south side of Main Road, Mattituck, which permit expired on August 9, 1992, be and hereby is c, tranted for a six (6) month period. 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.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a member of the Board of Appeals to fill the unexpired term of the late Charles J. Grigonis, Jr., to April 30, 1994. 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. 1 0 2 AUGUST 25, 1992 3.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christine Schriefer as Secretary for the Southold Town Stewardship Task Force, effective August 13, 1992, at a salary of $7.50 per hour. 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. SUPERVISOR HARRIS:- Resolution #4, amending resolution #48, adopted January 3, 1992, establishing the 1992 Labor Management Committee to replace the CSEA committee member, is being held. 5.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with reqret, the resignation of Russell R. Kassner, part-time Clerk under the Town Clerk's Records Management Program, effective close of business August 18, 1992, and extends to Russell their sincere thanks and appreciation for the time and expertise he devoted to his position under this valuable program, and extends to him best wishes for much success in his new position with the law firm of Dillworth & Barrese. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to amend Section 1247.37[p) of their regulations, which became effective on May 9, 1983, to read: "westerly right-of-way line of Alvah's Lane", Cutchogue, instead of the easterly right-of- way line, whereas AIvah's Lane is populated and should 'be included in the 30 MPH area; all in accordance with the recommendation of Superintendent of Highways Jacobs. 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. SUPERVISOR HARRIS: On Resolution #5 I was remiss in congratulating Mr. Kassner for his employment with the law firm of Dillworth & Barrese, and we wish him the best of luck in his endeavors in the future. He's been a very valued employee. i know he's been very diligent in his work, and I know the Town Clerk has been extremely pleased with the performance, and the production, that has taken place since he has been employed, and with that, we wish Mr. Kassner, as I said, a great future. 7.-Moved by Justice Edwards, seconded by Supervisor Harris, WHEREAS, there has been presented to the Town Baord of the Town of Southold a proposed Local law entitled, "A Local Law in Relation to Parking"; now, therefore be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, September 8, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 on this proposed Local Law, which reads as follows: A Local Law in Relation to Parking BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article IV, Section 92-41 (Parking prohibited at all times) is hereby amended by addinq thereto the following: Name of Street Side Location Soundview Avenue Both At Southold, starting at the inter- section of County Route 48 and' extending westerly for a distance of 620 feet. Pike Street Both At Mattituck, starting at the inter- section of Wickham Avenue and extending westerly for a distance of 310 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. 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. AUGUST 25, 1992 103 8.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James C. McMahon, Director of Procjram Evaluation, to attend the 1992 Peconic Bay Estuary Conference on Friday, September 11, 1992, beginning at 9:00 A.M., at Pierson High School, Sag Harbor, New York, and the actual expenses for registration ($15.00), lunch, and transportation, using a Town vehicle, shall be a legal charge against the Town Board's 1992 Budget. 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. 9.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James C. McMahon, Director of Proqram Evaluation, and James A. Richter, Enginnering .Inspector, to attend a New York State Department of Environmental Conservation "Tidal Wetlands Seminar" at the Quogue Wildlife Refuse, on Monday, August 31, 1992, beginning at 9:00 A.M., and the actual expenses for lunch and transporta- tion, using a Town vehicle, shall be a legal charge-against the 1992 Budget. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman LizeWski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby .grants permission to the American Lun9 Association of Nassau-Suffolk to use the following Town Roads for their Sixth Annual "Autumn Escape" Bike Trek on October 17, 1992, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: in Laurel - Peconic Bay Boulevard, in Mattituck - Peconic Bay Boulevard, Bay AvenUe, New Suffolk Avenue, in New Suffolk- Orchard Street, New Suffolk Avenue, in Cuchogue - Eugene Road, Skunk Lane, in Southold - Youngs Avenue, in Greenport - Moores Lane. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman ~Penny, Justice Edwards, SupervisC/r Harris. This resolution was declared duly ADOPTED. 11.-Moved by Justice Edwards, seconded by Councilman Penny, 'it'was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $150.00 to Robert Ketcham, which sum represents a filing fee for a Special Exception to the Board of Appeals, which application was unnecessary as a Special Exception for an off premises sign had already been granted in 1970 under a previous owner; said refund all in accordance with the recommendation of the Board of Appeals. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby absolves the Town Clerk from responsibility with respect to the cash box lost by Beach Attendant Angelo S. Milazzo, Jr. on August 14, 1992, which cash box contained stationary items, unsold Non-Resident Weekday Daily Parking Permits, Non-Resident Weekend/ Holiday Daily Parking Permits, Resident Beach Permits, petty cash, and cash ($153.79 was recovered). 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. SUPERVISOR HARRIS: I might add that the Southold Town Police are following up an investigation With their Detectives in reference ~o _this. 13.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Riverhead Building Supply Corp., Riverhead, New York, for supplying the Highway Department with 10,000 linear feet of Snow Fence (more or less as may be needed), all in accordance with the bid specifications, at a price of $48.75 per 100 linear foot roll; and be it FURTHER RESOLVED that the Town Board rejects the bid of Riverhead Building SupPly Corp. for supplying the HighWay Department with 1,000 "T" Posts, whereas Superintendent of Highways Jacobs advises he is able to purchase them from the Suffolk County Bid List for less than the $3.48 bid by Riverhead Building Supply Corp. 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 by Supervisor Harris, seconded by Councilwoman-Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby 'appoints Christo~ pher Ferrer as a part-time Public Safety Dispatcher 1, effective immediately, at a salary of $7.72 per hour. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, CcJuncilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Police Lieutenant Joseph Conway, Sr., and Public Safety Dispatcher 2 John Raynor to travel to Syracuse, New York leaving on September 8, 1992 and returning on September 10, I992, for a demonstration of CAPPS Booking and Alarm Billing software at the offices of Business Records Corporation,-and the necessary expenses for meals, lodging, and transportation, using a Town vehicle, shall be a legal charge against the Police Department's 1992 Budget. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Jus[ice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Venetia McKeighan, Director of Human Services, to submit a'grant request to the Long Island Alzheimer's Foundation (LIAF) to extend the Senior Day Care hours to include weekends. 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. 17.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Samuel Smith as a backup driver for the weekend meals on wheels program, for up to ten (10) hours per weekend, at a salary of $5.00 per hour, to be paid through the Supplemental Nutrition Assistance Program (SNAP). 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 Justice Edwards, seconded by Supervisor Harri.s, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for resumes for a part-time Clerk in the Town Clerk's Office to work under the Records Management and Inventory Planning Program, 17-1/2 hours per week, at a salary of $6.00 per hour, to be paid from the Records Inventory and Planning Grant received by the Town Clerk's Office. 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. --~' 19.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of A.R. Lombardi Associates, Inc., in an amount not to exceed $2,300.00, for preparation of the Fishers Island Wastewater Disposal System Discharge Monitoring Report for Fall 1992, as required by the New York State Department of Environmental Conservation and the Suffolk County Department of Health Services by November 1, 1992; said fee all in accordance with the proposal of A.R. I_omabardi Associates, Inc., dated August 10, 1992. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman kizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of E.S. Kalogeras, P.E., Consulting Engineers,-Riverhead, New York, at a fee not to exceed $750.00, for an inspection of the complete hearing/cooling piping system of the Southold Town Hall, which their preliminary inspection indicated was rapidly deteriorating due to corrosion, and prepare a preliminary report and cost estimate for remediation of the entire heating/cooling system. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Electinq a Retirement Incentive Proqram as Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the Town of Southold"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, September 8, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing the aforesaid proposed Local Law, which reads as follows: LOCAL [_AW NO. - 1992 A Local Law in Relation to Electing a Retirement Incentive Program as Authorized by Chapter 643, Laws of 1992, fo'~ Eligible Employees of the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold, ~as follows: Section 1. The Town of Southold hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 643, Laws of 1992. Section 2. The commencement date of the retirement incentive program shall be September 14, 1992. Section 3. The open period, during which eligible employees may retire and receive the additional retirement benefit, shall be 50 days in length. Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five year period. The amount of the annual payment in each of the five years shall be determined by the Actuary of the New York State Employee' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this local law. Section 5. This Local Law shall take effect immediately. 21 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards~ Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, the Suffolk County Water Authority has requested a waiver of the Excavation Permit process, and seeks a standing permit; and WHEREAS, the Suffolk County Water Authority has agreed to contact the Highway Department each time they wish to install a water main or service an installation within the Town of Southold; and .... WHEREAS, the Suffolk County Water Authority has agreed to abide by the rules and regulations set forth in Chapter 83, Street Excavations, of the Code of the Town of Southold; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Clerk to issue a standing Excavation Permit to the Suffolk County Water Authority, all in accordance with the recommendation and approval of Super- intendent of Highways Jacobs. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 106 AUGUST 25, 1992 23.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, Long Island Sound is a natural resource critical to both the ecologica! and economic future of our community; and WHEREAS, Long Island Sound is threatened by pollution sources and habitat destruction resulting in loss of marine organisms, recreational opportunities and overall quality of life; and WHEREAS, the cost of upgrading sewage treatment plants and other pollution sources must be funded through a partnership with the federal government in a substantial and equitable way, not only to clean up the Sound and benefit related businesses, but also to create jobs in a period of high unemploy~l~nt and recession; and WHEREAS, a clean Long Island Sound is significant to the economic well-being of the region and our community through tourism, fishing and other water-related industries; and WHEREAS, industry, labor and environmental organizations have come together to support federal legislative proposals to fund a major portion of the clean-up of Long Island Sound, which would also provide jobs to tens of thousands of its residents; and WHEREAS, a Clean Water/Jobs Platform has been developed which is the basis for new federal legislation introduced by Representatives DeLauro/Lowey (H.R. 5070) and Senators Dodd/Lieberman/Moynihan (S.2831) which provides funds for the needs of the Sound and its communities' economies; now, therefore, be it RESOLVED that the Town Board of the Town of Southold supports the Clean Water/Jobs Platform developed by the Lonc~ Island Sound Labor/Environment Coalition in the Spring of 1992; and be it FURTHER RESOLVED that the Town Board supports federal legislative proposals H.R.5070 and S.2831 to provide federal funds for this effort and pledges its community to work with concerned organizations to seek solutions to these issues. 23.-Vote of the Town Board: Ayes: Councilwoman HUssie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. ~ 24.-Moved by Councilwoman Hussie,. seconded by Supervisor Harris, WHEREAS, ofter it appears as though accomplishing the dream of a nation relatively free from drug abuse and its terrible consequences is beyond our reach, but' if we look at the adversity and overwhelming odds that have been overcome in pursuit of other dreams, it is clear that this dream can also be accomplished; and WHEREAS, through the Drug Abuse Resistance Education (D.A.R.E.) Program, our children are provided with information and motivation which fosters individual and collective commitment, persistence and action; and WHEREAS, the Drug Abuse Resistance Education (D.A.R.E.) Program is our most effective weapon in breaking the cycle which perpetuates drug abuse from one generation to the next; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares September 10, 1992 as D.A.R.E. Day in the Town of Sou[hold, which day is also National D.A.R.E. Day and New York State D.A.R.E. Day, and the month of September as D.A.R.E. Month in the Town of Southold, which is also the start of the third year the Town of Southold has been providing the D.A.R.E. Program to youth throughout the Town. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. Abstain: Justice Edwards. This resolution was declared duly ADOPTED. SUPERVISOR HARRI~ The D.A.R.E. Program is obviously drug abuse resistance education, and as /~/ou know, Detective Beth Wilson has been quite an inspiration as following the I~rocedures, not only of D.A.R.E. ed_uca_tion, but also in the inspiration tha~t~, he has given to our young people throughout the high schools, where she h~s taught drug awareness, and alcohol abuse, and perhaps because the State of New York also recognizes the value of this program, we're going to flying a D.A.R.E. flag on that day with a representation of the children from our high schools of which Detective Wilson will be putting together. We're, also . going to be offering a proclamation, making September 10, 1992 as D.A.R.E. Day, and D.A.R.E. Month in Southold Town, and also, throughout the State of New York at the same time. So, I think this is a very important program. I know that the County of Suffolk has talked about cutting back funds to this program. I'm hoping that those who are involved in the legislative process will find it amongst their selves to reinitiate, and substantially fund this program for many, many years to come, because it provides, as far as I'm concerned, invaluable education to those grades who are susceptible to the ills of society in dealing with drugs, and alcohol abuse. JUSTICE EDWARDS: My comment on this, I abstained from this, from the voting on the resolution, because for the past year I have been' trying to get Detective Wilson, and associate to come, and put out a program on Fishers Island. I've done it verbally. I've done it by mail, and since this program is started they have not come over to Fishers Island, and I think Fishers Island is due for a portion of this program. Thank you, Scott. SUPERVISOR HARRIS: Judge, I talked to Detective Wilson, today as a matter of fact in reference to getting over to Fishers Island. The problem that happened last year was she was one individual. Now that she has Henry Santacroce working with her, as an assistant, she now is possible going to have time to reset her schedUle for the following year to come over to Fishers Island. Because of the the duration of the program, and the number of schools involved over here, she said it was just physically impossible to get over there for the time that is needed, but she is going to going make all available time this year, if at ail possible, to get to the school, even maybe in fall, if she can rearrange her schedule. 25.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James C. McMahon, Director of Program Evaluation, to submit the necessary permit applications to the New York State Department of Environmental Conservation, Corps of Army Engineers, and Southold Town Trustees, for the repair of the Brushes Creek Bridge, Peconic Bay Boulevard, Mattituck, New York. 25.-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: As most of you know, that's one of the few bridges that the Town of Southold owns. Most of the bridges in the township are owned by the County of Suffolk,' and this bridge is in need of repair, and Superintendent of Highways Ray Jacobs is on top of this with Town Engineer Jamie Richter, and they are now working on a schedule to get this .repair underway, as expeditiously as possible. 26.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants a waiver of an,/ and all fees payable to the Board of Appeals with respect to variances that may be-required for modifications and alterations to the North Fork Bank Computer Center, Sound Avenue and Pacific Street, Mattituck, which is to be acquired by the Town of Southold for a new Human Resource Center. 26.-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: Are there any members of the audience, that would like to address this Board on any issue, that may be of importance, not only to you, but would be of importance to this Board? Yes, come forward, and state your name, please. RONNIE WACKER: Ronnie Wacker. I was interested in this resolution to support the Clean Water/Jobs Platform of the Long Island Sound Coalition. I think that's one cause thatis so very important because environments creates jobs, and it would be good for our economy here. We are fortunate being that Peconic Bay is not yet polluted, and we are fortunate in being in a position where we can help keep it clean by the simple fact of not developing-Robins Island, and that's what brings me here. I would like to know what the Town Board is doing about Robins Island? What is happening? SUPERVISOR HARRIS: The Town Board has passed many resolutions, as you know in the past, including one just recently, and we've supported memorializing what our position is.' It's totaUy up to the litigation, that's ensuing in the County of Suffolk. That's as far as this town- can take it. 1 0 8 . AUGUST 25, 1992 RONNIE WACKER: Well, you know I think this Town should take it further. This town is the town most involved, This is like having a wedding without the bridegroom. You know we are the most involved. We are going to have the greatest inpact on our area. New Suffolk is going to suffer. Partial develop- ment of that island is going to lead to partial pollution, which would of course, inevitably lead to total pollution. You know years ago Lee Koppleman said that development of Robins Island spells the end of Peconic Bay, as a clean bay, and this is an important item for tourism, for fishing, for the total economy. There's nothing else we can depend upon. You know we can't make wishes. We have to depend upon farming, fishing, and fun, recreation, and if the people up west see what we're becoming, just like that, why bother to come out here to see another KMart? JUSTICE EDWARDS: What do you suggest we do? What do you suggest the Town Board does? RONNIE WACKER: I suggest the Town Board camp on Mr. Caffney's doorstep, and tell him we are involved, and we want to know what is going on. Why aren't we participants in this discussion? SUPERVISOR HARRIS: The question has to be addressed to the Legislature, and it's not to Mr. Gaffney's Office. I'm not going to give him the total blame for what has happened in the past. This has been going on for many, many years. Whatever administration happens to be in charge, the west end towns refuse to move on this, and to fund it. That has always been the problem we've had on the East End. We have ~ght-fo~every dollar we've gotten out here. The- fact still exists that we are two voices out of eighteen in the County of Suffolk, as far as getting funding for many, many proposals on the East End, both the North and South Fork. RONNIE WACKER: We should be up at the Legislature at every meeting, that they have. SUPERVISOR HARRIS: Ronnie, we have exhausted our remedies. This is between litigation right now. It is out of our hands. I'm advised that it's in litigation. RONNIE WACKER: You're going to the meeting tonight, aren't you? SUPERVISOR HARRIS: I'm going there strictly to talk about the Budget, that has been proposed. RONNIE WACKER: Why not Slip a word in about Robins Island? Tell them that we, in Southold, do not want partial development. We want to keep that Bay clean. SUPERVISOR HARRIS: I think tonight's meeting is strictly dealing with the proposals, and the cuts, that are taking place for programs in Southold. There is nothing to do with Open Space Programs, or quarter percent sales tax money. Although we have voiced our opinion on that very strongly, and as you know the Legislature has frozen all that money this year in '92 for expenditures, whether it's for Farmland Development Rights, whether it's for quarter percent sales tax, or whether it's Open Space purchases. All of that money has been frozen for '92. We have Joe Lizewski, who has worked very hard on freeing up that money for. one township, and that's Southold, because we haven't gotten a dime yet of quarter percent sales tax money spent here, and he has been effortly tireless in his endeavors on that, and we have no guarantees, Ronnie, any of this money will come forth in '92 either. Unfortunately, the Budget in the County of Suffolk as you know, is in dire straits, and they're trying to rectify their own house, and we as a Board are left powerless, except to pass resolutions as we've done memoralizing our strength, and what we stand before. During this whole premises with Robins Island, we have made it known what our feeling is. It's not what we want, it's what the Legislature is going to fund, It's a privately owned island in litigation. Our Town Attorney could probably tell you more about how much we can get involved with litigation on the level that it's on. No matter what we say, or what anybody else says, it's still between the- private owner, :and the owners involved in Suffolk County, when it comes to the dollar amount, and how that will be resolved legally is in the Federal courts. RONNIE WACKER: How can they make a end run around Southold Town? After all, the island is in Southold Town. SUPERVISOR HARRIS: I asked that question of Supervisor Thiele, because I saw him on a show not too long ago, and he was talking about Robins Island, and I said it's interesting that you were mentioning Robins Island, when it's not in your Township. I said, I'm glad to see that you have a strong stand, because of his stand previously when he was County Legislator. I have made it known to every entity that exists in Suffolk County, that the only people that will have the future of Robins Island in their hands will be the Southold Town Planning Board, and nobody else, if and when, ever a proposal comes before this town, andas of yet, there is none pending. None has been applied for, no Regional Planning Board, no Economic Development, no Legislative perogative is going to tell the Town Planning, and the Town of Southold, what will happen when it comes to development, or non-development of Robins Island. That's strictly up to the Town to move on that, and we have been moving on it, and until that happens, which hasn't yet, as you know, is all speculation, and anybody can throw out anything they want about what they'd like to see, and what will happen. It's strictly right now just I'd say, a Christmas wishlist on some people's parts on what will happen with Robins Island. RONNIE WACKER: You mentioned Fred Theile, and I think he has been very supportive of no development of Robins Island. He has spoken up a number of times. SUPERVISOR HARRIS: But remember, again, he was a voice of a Legislator, Ronnie, one Legislator on the South Fork, and one of North Fork, is all that represents us, and there are 1,600 Legislators, who don't want to see money come to the East End, because they feel all the money now is being dumped into the East End when it comes to development rights for farms, because we're the only ones that are left. RONNIE WACKER: We're the only place that has farms. SUPERVISOR HARRIS: But you. have to understand that, that Legislature represents a million and a half people, and they don't represent 20,000 people here, and 40,000 over there. They're reprenting everybody, and their distribu- tion of those dollars has to be justified, and especially when it comes to the political realities of their constituency within their district, so that the batte we've had for, as you know, many, many years on the East End. The battle lines have been drawn, and we're going to constantly continue to strive for getting as much money as we can back into the East End, but the reality is that we're sixteen votes versus two, and if we get some people, which we normally do, to fund project out here, at times they say, hey look, because of the financial constraints enough is enough, and our own house is in disarray, and we have to get that back in order. I think that seems to be the message, that has been sent out recently, as they have their own problems going on, and purchases of any lands anywhere is not a priority right now. I'm not disputing anything ~vith you. RONNIE WACKER: The wheel that squeaks the loudest gets the oil, and I think we have not been squeaking enough. I think we should be up there more, at every Legislati~,e meeting. SUPERVISOR HARRIS: I wish we had the staff to do that, Ronnie. We don't have the staff here to do that. We just do not have personnel to attend all these meetings. That's the way it is. We're a very small town. We're just barely getting by now with the staff that we have in place right here. RONNIE WACKER: Well, tonight when you get down to the Budget hearing, it's a wonderful opportunity to say, Mr. Gaffney, look we appreciate the problems of the economy, but know what .you are doing out here. This is our economy and you are wrecking it. SUPERVISOR HARRIS: I have expressed to Mr. Gaffney, and many other Legislators, including the presiding officer, that if the funding is not in place for Robins Island, that at least dedicate that funding allocation to Open Space in Southold Town somewhere else, so we will not lose. 1 1 0 AUGUST 2S, 1992 RONNIE WACKER: It's not unique though. SUPERVISOR HARRIS: There may be parcels, Ronnie, that are unique in their nature that never will be considered if the funding isn't even in place. RONNIE WACKER: No one even knows where the funding is coming from. They don't know if it's under Capital Budget. They don't know if it's under operations. They don't even know where the money is. Is it in escrow? SUPERVISOR HARRIS: Ronnie, you know the dilemma as well as anyone here knows what's 9oin9 on there, and if the monies are not goin9 to be dedicated, at least to. one facility, I would like some assurances that it's 9oin9 to be going to other areas within Southold, and not leaving our boundaries completely, as has been advocated right now. RONNIE WACKER: I think we have to stand up for what we feel is important, and I do believe from polls that have been taken that the people are, like 82% in favor of preservation of Robins Island. SUPERVISOR HARRIS: But those are polls that were tal~en out here. If you poll all of Suffolk County, you're going to find they don't care about us. RONNIE WACKER: No. They should know how important it is to us. This is all I'm asking, that we yell a little bit, unladylike. I think they are being discourteous to say the least. SUPERVISOR HARRIS: Thank you, Ronnie. Is there any other member of the audience, that would like to address this Board on any issue? (No response.) We have a public hearing, that is scheduled for 4:30, so at this time I need a motion to recess to go into a public hearing. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 4:40 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meetin9 reconvened at 4:43 P.M. SUPERVISOR HARRIS: Would the Board at this time like to vote on the acquisition of this property? 27.-Moved by Councilman Penny, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold entered into an option agreement with Ralph Pugliese for the lands, comprising 20 acres, Cutchogue, and desi9nated 12.1; and WHEREAS, the Town Board purchase of the development rights in his agricultural located north of NYS Route 25, west of Bridge Lane, as Tax Map Nos. 1000-85-2-p/o 1.2 & 1000-97-1-p/o held a public hearing with respect to said option on the 25th day of August, 1992, pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code; and WHEREAS, the Town 'Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in the option agreement between the .Town and Ralph Pugliese; now, therefore, be it RESOLVED that the Town Board hereby elects to exercise the option to purchase the agricultural rights in the aforesaid agricultural lands of Ralph Pugliese; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Ralph Pu§liese; and be it it FURTHER RESOLVED that the Supervisor be and he hereby is authorized and directed to executive any and all required documents for the acceptance of said development rights. AUGUST 25, 1992 11i JUSTICE EDWARDS: Before I vote I would like the audience to know that I'm voting no on this proposal, because, again, Fishers Island has been shortchanged by this program. We have .put, I'd say, well over $300,000.00 into the kitty in Southold by our tax dollars, and have not received_one penny back, so I vote no on this. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. No: Justice Edwards. This resoltuion was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to congratulate Mr. Pugliese, who's property is one that was just recently purchased. If there is no other business, I'll entertain a motion to adjourn. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:45 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 Clet~k