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HomeMy WebLinkAboutTB-09/22/1992125 SOUTHOLD TOWN BOARD SEPTEMBER 22, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny, IV., Councilman Thomas H. Wickham, Councilman Joseph J. I-izewski, Councilwoman Alice J. Hussie. Also present: Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:40 A.M. - Mr. Ed Siegmann met with the Town Board to bring them statistics he received from the Assessors with regard to his discussion with the Town Board on August 25th about an increase in the senior citizen exemption to $19,800, the amount allowed by the County of Suffolk. 10:00 A.M. - For Discussion Items: (1) Letter from Calocerinos & Spina, the Town's engineers for Elizabeth Field Airport, advising them that Falvey Construction corporation, who is the contractor for airfield lightingr'visual aids, and electrical building, is requesting additional monies to cover the increase in labor costs due to the updated prevailing wage rate schedule. C&S adviseS the Board that the request is not warranted for several reasons, and Town Attorney Arnoff will respond to C&S that the Board concurs with their reasoning for denying Falvey's request. (2) Councilwoman Hussie discussed with the Board her proposal that in an effort to obtain compliance with various ordinances, a notice be placed in the newspaper citing the need for permits for certain key laws. Councilman Wickham suggested a meeting between the enforcement personnel and the Town Board to formulate a plan. Councilman Lizewski said he thinks there should be a complaint log and people should be made to put their complaints in writing be enforcement personnel take action. (3) Councilwoman Hussie brought before the Board the possibility of paying for garbage by the pound, and it was the general consensus that it is worth the Solid Waste Task Force looking into. 10:35 A.M. - Emanuei Kontokosta, and Howard Pachman, his attorney, and Karen Brown, Mr. Pachman,s associate, met with the Town Board to alternative proposals for the two parcels he has under consideration by the Town Board for change of zones. On the Jem Realty parcel, Greenport, Mr. Kontokosta offered to the Town Board a proposal .to reduce the 151 1/4 acre parcels and 19 one acre parcels on l,ong Island Sound to 84 1/2 acre parcels and 19 one acre parcels on the Long Island Sound. On the Southold Commons parcel Mr. Kontokosta offered the Board a proposal to reduce the 105 units to 64 units at 1/2 acres each. In each of the proposals 20% would be affordable, and he would be willing to accept the Town's cost criteria. The Town BQard took the matter under advisement. 11:50 A.M. - For Discussion Items (continued): (4) Councilman Penny brought to the. Board's attention~the proposed Jobs for the New, New York Bond ACt, which if approved by the voters on November 3rd will authorize the State to raise $800 million through the sale of general obligations bonds to help finance infrastructure improvement projects that will create qr retain productive jobs in the private sector. It was agreed that Coordinator of Program Evaluation McMahon, Councilman Wickham, and Councilwoman Hussie will work up a schedule of :suggested projects for consideration by the Town Board so a preliminary application can be filed which would allow the Town to be eligible for Jobs Bond Act funding. (5) Selection of candidates to the Board of Assessment Review was discussed during Executive Session. (6 & 7) Receipt of two memorandums from the Planning Board. One as the submission of proposed site plan amendments to the Zoning Code, and the other was the Planning Board's opinion on the legislative intent of Article XXV of the Zoning Code. The Town Board, by resolution No. 24, asks the Board of Appeals for an official interpretation with respect to site plan approval and review. 12:40 P.M. - Recess for lunch. 1:25 P.M. - Mary Ann Fleischman, Youth Board President, met with the Town Board to discuss the recently submitted Needs Assessment as prepared by the Youth Board. 2:02 P.M. For Discussion Items (continued): (8) Board decided to advertise for a second week the public informational meeting to be held on October 6th concerning the Town's intended acquisition of the North Fork Bank's former Mortgage/Computer Center for a new Human Resource Center (see resolution no. 27). (9) Proposed change order for the Scavenger Waste Treatment Plant Modifications project (see resolution no. 28). (10) Letter from the Planning Board requesting the Town Board to refund the S2,800 subdivision application to Carmine Rufrano who has failed to pursue his application and has asked for a refund. The Board will again ask the Planning Board to provide details of the amount of time spent on this application before considering a refund. (11) Set October 1, 1992, beginning at 3:45 P.M. for interviewing applicants for Board of Appeals position. (12) Authorized payment for secretarial work for Stewardship Task Force July 16th meeting (see resolution no. 29). (13) Proposed resolution petitioning the U.S. Fish and Wildlife Service to place Robins Island on the National Priorities List for land acquisition (see resolution no. 30). 2:45 P.M. The Town Board reviewed the resolutions to be voted on at the 4:00 P.M. Regular Meeting. EXECUTIVE SESSION 3:00 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, Councilman Lizewski, Councilwoman Hussie.--Discussed contract negotiations concerning the Fishers Island Garbage and Refuse District, personnel, appointments to the Board of Assessment Review (see resolution no. 31), settin9 a disciplinary hearin9 for Police Officer James Mellas (see resolution no. 32). 3:50 P.M. - Work Session adjourned. 127 REGULAR MEETING A Rec, lular Meeting of the Southold Town Board was held Tuesday, September 22, 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: It's nice to see you this afternoon. We have a short order of business, and we'll be moving very quickly through the agenda. The first order of business is the audit of the bills from September 22, 1992. I need a motion, and a second. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the folloiwng audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $163,498.48; General Fund Part Town bills in the amount of $56,955.14; Nutrition Fund bills in the amount of $3,402.51; Adult Day Care bills in the amount of $236.09; SNAP Program bills in the amount of $2,353.46; EISEP Program bills in the amount of $183.20; Hic3hway Fund Whole Town bills in the amount of $14,647.57; Highway Fund Part Town bills in the amount of $23,797.21; Hydrogeotic Landfill Study bills in the amount of $828.00; Waterfront Revitalization bills in the amount of $1,686.00; Scavenger Waste Facility bills in the amount of $14,330.75; Employee Health Benefit Plan bills in the amount of $17,565.27; Fishers Island Ferry District bills in the amount of $24,304.45; SOuthold Wastewater District bills in the amount of $22,633.34; Fishers Island Sewer District bills in the amount of $191.19; Fishers Island Ferry District Agency & Trust bills in the amount of $704.34. 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 September 8, 1992, regularly scheduled Southold Town Board meeting. Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the minutes of the Town Board meetin~ of September 8, 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 need a motion and a second to set a Special Town Board meeting at O~tober 1, 1992, at 3:30 P.M. Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that a Special Meetin~ of the Southold Town Board will be held at 3:30 P.M., Thursday, October l, 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: I need a motion to set the next regularly scheduled Southold Town Board meeting at October 6, 1992, at 7:30 P.M. Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the next recjula~' meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, October 6, 1992, at the Southold Town Hall, Southold, New York. ~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickharn, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, I'd like to do a proclamation in recognition of National Fire Prevention Week, and if I could have the following individuals from the Suffolk County Fire Services come forward, who are here representing the various agencies. Please do so now. This proclamation goes, obviously without saying, as far as the men and women who put their lives on the line on a daily basis as volunteers in the Fire Departments throughout this township of ours. This proclamation I think,is pretty self-explanatory, and I'll read for you-' gentlemen, and the people of this town at this time. Moved by Supervisor Harris, seconded by the Entire Town Board, WHEREAS, thousands of men, women and children die and suffer serious injuries in fire each year; and WHEREAS, many thousands of homes, schools, businesses and other property are destroyed by fire, resulting in untold economic an(~ personal loss; and WHEREAS, adequate fire prevention precautions would have prevented much of this loss of live and property; and WHEREAS, the Fire Services of the Town of Southold dedicate themselves to not only extinguish fire, but to try and educate the public about the dangers of fire; now, therefore be it RESOLVED, that the Town Board of the Town of Southold hereby proclaims October 4 through 10, 1992 as NATIONAL FIRE PREVENTION WEEK in the Town of Sobthold, and urge all citizens of the Town of Southold to dedicate themselves to a year-round campaign against the ever present menace of fire; and be it further RESOLVED, that the Town Board joins with all of the Fire Services in the County of Suffolk on Thursday, OCTOBER 8, 1992, at 7:00 P.M., which has been declared County-wide OPERATION E.D.I.T.H. "EXIT DRILL IN THE HOME" DAY, which is designed to cause families to discuss and preplan their emergency exit drills; test their smoke detectors; and practice the plan so that each member of the family will know what to do during a fire emergency. Dated: September 22, 1991. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Hard'is. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: On behalf of the Town Board, we extend, certainly, a sincere congratulations, and tireless effortness on your part to continue in the pursuit of safety for all our residents. The proclamation, Lennie, will be presented to you, and I'm sure that .you'll find a place of distinction to hang this amongst all your fire services, and we'd like to thank you gentlemen for coming, and please extend back to all the departments, this Town Board is with you, and continues to support you in all your endeavors for many, many decades to come. I. REPORTS. 3. 4. 1992. 5. 6. 7. Laurence Healthcare CSEA Benefit Report for August, 1992. Laurence Healthcare PBA Benefit Report for August, 1992. Southold Town Planning Board Monthly Report for August, 1992. Southold Town Justice Edwards' Monthly Court Report for August,~ Southold Town Community Development Monthly Report for July, 1992. Southold Town Police Deparment Monthly Report for August, 1992. Southold Town Developmentally Disabled Recreation Program Report for September, 1992. 8. Councilmen's Report. 9. Supervisor's Report. I1. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of Complete Application of David Weild III to construct a new bulkhead, raise height of existing bulkhead, place fil on upland, place rip-rap, construct berm, plant vegatation, renovate dwelling and garage at New Suffolk Avenue, Cutchogue, New York. 2. New York State Department of Environmental Conservation Notice of Complete application of Daniel J. McConlogue to construct an addition to attach to an existing dwelling and stabilize an eroded slope adjacent to Marion Lake. The site is located on Truman's Path, East Marion, New York. Written com~ments no later than October 16, 1992. SEPTEMBER 22, 1992 129 III. COMMUNICATIONS. 1. Don Rosen, President of the Laurel Lake Property Owners in favor of the purchase of certain Laurel Laek property. IV. PUBLIC HEARINGS. None. V. RESOLUTONS. SUPERVISOR HARRIS: As we move on with the agenda, before we go into resolutions, are there any members of the audience that would like to speak on any issue on a resolution, that we'll be enacting in the next few minutes? (No response.) If not, let's start with Judge Edwards with the first resolution. 1.-Moved by Justice Edwards, seconded by by Councilwoman Hussie, WHEREAS, as energy use links our local economic and environmental conditions; and WHEREAS, as increasing energy efficiency will reduce the consumption of fossil fuels and electricity; and WHEREAS, as a reduction in the demand for energy due to efficiency will result in dollar savings and reduced air pollutants; and WHEREAS, as these "saved energy dollars" Can be used for other economic work; and WHEREAS, as the reduced production of pollutants will help protect and preserve our environmental and human health; and WHEREAS, as the United States and New York State governments declare October as Energy Awareness Month; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares that October be proclaimed ENERGY EFFICIENCY MONTH IN THE TOWN OF SOUTHOLD, and encourages the citizens of Southold Town to work toward making thier home and work places more energy efficient; and be it further RESOLVED that this proclamation reminds us that our energy challenges call for concerted, cooperative efforts among the local governments, the states, the federal government, and the private sector, and we must begin our work toward a sustainable energy future, and energy efficiency is the first step. 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 Lizewski, seconded by Councilman Wickham, it was RESOLVED that the application of Jane and Joseph F. Barszczewski, Jr. for renewal of their trailer permit, for storage trailer located on Kerwin Boulevard, Greenport, which permit expires on October 7, 1992, be and hereby is ~ranted for a six (6) month period. 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. 3.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $152.80 to Spanos Service Station, which sum represents an application fee to the Planning Board for a proposed site plan, and was found to be unaccep- table as the Planning Board determined that the nonconforming use had been dicontinued for more than two years and is Ilo longer permitted. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain:Councilman Penny. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Wickham, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with rec~ret, the resiqnation of John McCormick, member of the Southold Town Conser- vation Advisory Council, effective September 16, 1992, and extends to Mr. McCormick their sincere thanks and appreciation for the time and expertise he devoted to his position as a member of the CAC. 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. SUPERVISOR HARRIS: I'd like-to thank Mr. McCormick for his time that he has put in on the Conservation Advisory Council. We're sorry to see good members go from these voluntary boards, and certainly this individual, we hope will be replaced with a person that will be as diligent as he was in his attendance at the meetings. 13 0 22, 992 5.-Moved by Supervisor Harris, 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 one (1) member of the Conservation Advisory Council wo fill the unexpired term of John McCormick to June 18, 1994. 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 Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the revised amount of $52,250.00 for bond for r~),ads and improvements in tlne minor subdivision of Baxter Sound Estates, Cutchogue, with an administration fee o~ $3,135.00, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. 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 Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the revised bond amount of $34,950.00 for a bond for roads and improvements in the Southoid Villas subdivision, Phase 11, Southold, with an administration fee of $2,097.00, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Super.visor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Number 8, approving and adopting Form No. 4A, Certifi- cate of Compliance to be used by the Southold Town Building Department, is held. 9.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes .the following budget modification to the General Fund - ~Vhole Town 1992 Budget to cover overdrawn line items: To: A7180.1 A7320.1 From: A7180.2 A7180.4 A7320.4 Beaches, Personal Services Joint Youth Project, Personal Services $ 6,000.00 3,000.00 Beaches, Equipment $ 2,000.00 Beaches, Contractual Expenses 4,000.00 Joint Youth, Contractual Expenses 3,000.00 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 Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budc~et to appropriate Park & Recreation funds for the following: Goldsmith Inlet Dredging: $ 3,918.75; Mattituck Boat Ramp: $100.00: To: Revenues: A2925 Special Recreation Facilities $ 4,018.75 Appropriations: A7110.2 Parks, Equipment $ 4,018.75 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SEPTEMBER 22, 1992 131 11.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq 1992 Budc~et modification to the General Fund - Part Town to cover overdrawn appropriation: To: B8020.4 Planning, Contractual Expenses $ 1,000.00 From: B1989.4 Funded Deficit, Contractual Expenses $ 1,000.00 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 Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1992 Budget modification to the General Fund - Part Town to provide additional appropriation for legal expenses as follows: Zahra Action: $ 32,000.00; PBA PERB action: $ 1,100.00: To: 'B1420.4 Town Attorney, Contractual Expenses $ 33,100.00 From: B1910.4 Unallocated Insurance, Contractual Expenses $ 33,100.00 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. 13a.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby rejects all bids received on September 10, 1992 for the purchase of one (1) emergency generator system for the Southold Town Police Headquarter and the installation of one (1) existing Town-owned generator at the Southold Town Hall, all in accordance with the recommendation of Commissioner of Public Works Jacobs and the Southold Town Attorney's Office. 13a.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13b.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for the purchase of one (1) emergency generator system for the Southold Town Police Headquarters, and the installation of one (1) existin9 Town-owned generator at the SOuthold Town Hall, all in accordance with revised bid specifications. 13b.-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. 14.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to advertise for bids for drydocking MV RACE POINT for periodic inspection, refurbishing of 'her underwater body~ and such repairs as may be found necessary, all in accordance wi.th prepared specifications. 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. 15.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to accept the proposal and enter into a contract with DOCKO, Inc. for professional engineering services in connection with the proposed development and expansion of the Ferry District's New London Terminal facility, .at a total Cost of $56,600.00. 15.-Vote Of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilwoman Hussie, 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 bids for 10,000 cubic yards (more or less as may be needed) of soil to be used for covering purposes at the Southold Town Landfill. ~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: Number 17, appointing James A. Richter as Engineering Inspector, is being held. 18.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of SouthoId hereby authorizes a reimbursement of 20¢ per mile to Thomas McCaffer¥ who held the position of Playground InstrucTor (and assisted Recreation Supervisor Reeves) during the 1992 summer season. 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 Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute ac~reements with the following individuals or businesses for the 1992 Fall Recreation Programs, all in accordance with the approva of the Town Attorney: Thomas Boucher (guitar) Shirley Darling (tennis) East End Insurance Services (defensive driving) Tom Fox (cartoon drawing) Dan Gladstone (violin) Hidden Lake Farms Riding School (horseback) Island's End Golf Club (golf) Ed Johnson (drawing) Matt Kiernan (youth basketball) Eleonora Kopek (arts & crafts) Mattituck bowling (bowling) Jennifer Shank (drawing) JoAnn Terkowski (folk dancing) Lynne Wentworth (drama) $15.00 per class (1 hour class) $14.00 per class (1 hour class) $35.00 per person enrolled $15..00 per class (1 hour class) $25.00 per class(I-I/2 hour class) $150.00 per person enrolled $37.50 per person enrolled $12.00 per class (1 hour class) $15.00 per hour (4 hours total) $15.00 per class (2 - 45 minute d~. $2.25 per person per game $20.00 per class (1-1/2 hour class) $20.00 per class (1-1/2 hour class) $14.00 per hour (1 hour class) 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer A. Shank and Noreen Frey as part-time Clerks in the Town Clerk's Office to work under the Records Management and Inventory Program Grant, effective September 23, .1992, 17-1/2 hours per week, at a salary of $6.00 per hour. 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 Justice E. dwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants per- mission to Country Time Cycle, Mattituck, to use Elijah's Lane, Oregon Road, Grand Avenue, Wickham Avenue, Mattituck, and Bridge Lane, Cutchogue, for their Biathalon Competition, to be held on Sunday, October 18, 1992, beginning at 8:00 A.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 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. SEPTEMBER 22, 1992 133 22.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification with the 1992 Hic~hwa¥ Budget: From: bA 9010.8 New York State Retirement $ 10,000.00 To: DA5140.1 Weeds & Brush/Miscellaneous $ 10,000.00 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. 23.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to assessor Chairman Scott A. Russell, and Assessor Darline J. Duff¥ to attend a "Introduction to the Income Approach" course to be held at Orange County, New York, from October 26 through October 30, 1992, and the necessary expenses for registration, travel, meals and lodging shall be a legal charge against the Assessors' 1992 Budget. SUPERVISOR HARRIS: This is for certification, ongoing certification for the Assessors. 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 Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, pursuant to Section 100-271D of the Zoning Code of the Town of Southold, the issue of the interpretation or meaning of any provisions of this Chapter, or of any condition or requirement specified or made under the provi- sions of this Chapter, shall rest in the Zoning Board of Appeals; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby requests that the Zoning Board of Appeals render its opinion in accordance with the aforemen- tioned Section on the following question: "Who has the authority under the Southold Town Code to determine in the first instance whether or not a particular applica- tion must go before the Planning Board for site plan review and approval?" 24.-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. COUNCILMAN WICKHAM: l'd like to very briefly comment on this. There is a legitimate question in the Town Code, as to who has .responsibility for this particular issue, and I think the proposal to take it to the ZBA is a appropriate procedure. They are the body to do that. The reason I don't support it, is basically I think it raises an unnecessary question for a system that is operating very well under the present circumstances. Normally the question of this kind is a result of turf battles, where you have two agencies who are basically competing for authority. In this case, neither the Building Inspector, nor the Planning Board has a problem. They've both been working very smoothly, and effectively, up until now. There's no reason to suspect a turf problem, and it's basically the wish of those people on the Town Board, who brought the issue forward to resolve it, and to get a clear cut deferentiation, and a response here. The system has worked well in the sense that the Building Inspector, and the Planning Board communicate quickly, and easily, and resolve the question in their own manner quite in a straight forward way. It hasn't been brought to my attention, that there are numbers of people out there, who have been inconvenien~:~d b-ecause of this question of responsibility, and who has the authority, and my impression is that the public is well served under the present arrangement. 25.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an amended agreement between the County of Suffolk, Department for the Aging and the Town of Southold, for the EISEP-H/C (Expanded In-Home Services for the Elderly Program House- keepter/Chore Program), to reflect a 2.5% annualized reduction to the program for the period of October 1, 1992 through December 31, 1992, all in accordance with the approval of the Town Attorney. 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. ' 134 SEPTEMBER 22, 1992 26.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED, that the Town Baord of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the general release by the Suffolk County Water Authority for purposes of installing a test well on property owned by the Town located in Cutchogue, Town of Southold and known and designated as Suffolk County Tax Map No. District 1000, Section 102, Block 1, Lot 4.14 (also known as "The Woods at Cutchogue"). Suffolk County Water Authority to share the test well information and data with the Town of Southold. 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. 27.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise, on October 1, 1992, notice of the upcoming Public Informational Meeting on the question of the acquisition, by the Town of Southold, of the North Fork Bank's former Mortgage/Computer Center, said notice to be published in The Long Island Traveler-Watchman and The Suffolk Times in a display ad format. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Chancge Order No. 1 for the Southold Scavenc~er Waste Treatment Plant Modifi- cations, in the amount of $4,419.25, for the contractor, Bensin Contracting, Inc. to remove, clean and reinstall piping for odor control, install condensate trap and make necessary field connections, all in accordance with the approval and recommendation of Comeron Engineering, P.C., the Town's engineers for the project. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes payment in the amount of $71.25 to Evelyn DeLuna who performed secretarial work for the Stewardship Task Force meeting of July 16, 1992, which sum represents 9-1/2 hours of work, at $7.50 per hour. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Councilman Wickham, seconded by Justice Edwards, WHEREAS, from time to time the Town Board of the Town of Southold has adopted resolutions supportin9 preserving Robins Island through public acquisition; and WHEREAS, the County of Suffolk was authorized under the 1986 Open Space Program to purchase Robins Island for $9.2 million; and WHEREAS, the County has been prevented from closing due to legal proceedings; and WHEREAS, such public agencies as the State Department of Environmental Conser- vation and the U.S. Fish and Wildlife Service have expressed the desire to assist in the effort to preserve Robins Island in its entirety rather than see the opportunity to acquire it lost; and WHEREAS, the U.S. Fish and Wildlife Service has expressed an interest in including Robins Island in the National Wildlife Refuge System; now, therefore, be it RESOLVED that the Town Board continues to support the county acquisition of Robins Island; and be it FURTHER RESOLVED that this Town Board petitions the U.S. Fish and Wildlife Service to place Robins Island on the National Priorities List for land acquisition so that any federal funding that might be available could be used to assist with the acquisition of the entire Island, and federal participation in the acquisition effort will enable payments in lieu of taxes to become part of the process. 30.-Vot.e of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham. This resolution was declared duly ADOPTED COUNCILMAN WICKHAM: Copies of this resolution would go to the U.S. Fish and Wildlife Service, Honorable George Hochbrueckner, Honorable Robert Gaffney, and Honorable Michael Caracciolo. SEPTEMBER 22, 1992 135 SUPERVISOR HARRIS: I introduced this reso ution today to the Board, and discussion pursued following in reference to the payment for the lieu of taxes for the New Suffolk School District. I think this issue will be resolved once and for all, once the acquisition takes place by whomever, and I hope that in the years to come that the acquisition of many properties throughout the Town of Southold that have maior impacts, environmentally and economically will all be resolved in advance before there is proceedings to move ahead for acquisition. This project has been lingering for some time, as has some other major impacts to this town, when it comes to environmental needs, and I feel that the County, and all those involved should move this issue quickly, get it resolved, so that the Town can move on with other problems, that it has where it needs funding, that are of enviromental concern, and I hope that with this matter, with the Fish and Wild Life now being involved, that they can find Federal funding to come in, and secure the island once and for all. 31 .-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William F. Englis, Jr. a member of the Southold Town Board of Assessment Review, to fill the vacancy created by the resignation of Samuel Markel, effective immediately through September 30, 1993; and be it further RESOLVED that the Town Board hereby appoints FrancisA. Thorp, (to replace WilIi.am Weinheimer), a member of the Southold Town Board of Assessment Review, for a five (5) year term, effective September 30, 1992 through September 30, 1997. 31.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny,Justice Edwards. Abstain: Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southotd hereby authorizes Supervisor Scott L. Harris to execute forthwith the Notice of Hearing, with State- ment of Charges and Specification attached, dated September 22, 1992, in the matter of Disciplinary Charges against Police Officer James P. Mellas, Shield #9, setting a public hearing at 7:30 o'clock P.M. on October 20, 1992; and be it further RESOLVED that the Town Board hereby authorizes Supervisor Harris to cause said Notice of Hearing to be immediately served personally upon Police Officer James P. Mellas. 32.-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 ends the regular portion of our Town Board meeting in reference to resolutions. Before we move to adjourn, are there any members of the audience, that would like to address this Board on any issue, that you may feel is important. Come forth, please, and state you name. LINDA LEVY: My name is Linda Levy. I'm the Southold Coordinator for the North Fork Environmental Council, and the reason I'm here today to speak to you has to do with the attendance this morning at the Town Board work session of Howard Pachman, and Emanuel Kontokosta on the issue of Jem Commons in Southold Town. The North Fork Environmental Council is very concerned that this is not an indication, that the Town Board is going once again consider the development of these two sites with higher density zoning, as being requested by Mr. Kontokosta. In particular concern, because hearings, that were held on Jem Commons, and Southold Commons, were fairly well attended by the public, more so than most hearings that I've been at, short of the Home Occupation hearing, and they were resoundingly opposed to the change in zoning to hamlet density zoning of those two sites. I'm also aware that the US/UK Task Force has written a letter, that states an opinion, that we the North Fork Environmental Council, also gave an opinion at the time of those hearings, which is that one of our greatest concerns about having any change in zone occur at those two sites at this time is that we have all been talking a lot. I mean by all, I mean the Town Board, the Task Force, the North Fork Planning Conference, and North Fork Environmental Council among others, about the possibility of instituting a TDR Program in this town. If we change the zones now before this program goes into effect, then we're not going to have anything left to work this program with. We will no longer have any fending zones. We will 136 SEPTEMBER 22, 1992 only have zones, that want to have no open space, and will have no place to send it to. This is a perfect example of the kind of, a..l'm not saying that a year from now, whenever, that I come in here, and say go ahead. I'm just saying this is an example of kind of site, that we would look to see be involved in the TDR Program. I shouldn't say kind of site, I mean the sites of Jem Commons, and Southold Commons. So, that's one concern. I'm also concerned that what I heard today was Councilman Wickham ask Mr. Kontokosta about the marketability of these houses, and the answer was true, that the economics of the site should not play at all, any role in the decision of the Town Board whether or not to change the zone. But then five minutes later, Mr. Kontokosta talked about all of the money that he has spent over .the years in trying to come up with a plan, and then holding back plans, because he's waiting. He was clearly in my estimation, why did he bring this up to you, if not to have you understand that he has spent money? But you're not supposed to be concerned, if it's not the economics, that you're supposed to deal with. He, also, said that he wasn't sure how much longer he would continue the expense of the real estate taxes, because this has been dragged on fo~ so long. Again, he's bringing economics into the question, whether or not the change of zone should hurt. When Councilman Penny asked him about the possibility of a partner, whether he looked into a partner. Again, the response was based on the cost, the cost of doing that. The cost is not an issue here. The issue as we said, quite rightly, is zoning, and whether or not this should be changed. Now, if you're not allowed to ask about the marketability, then how can he come up here, and say, you should give me a second try, you should give me a chance, because I spent a lot a lot of money on this. The other question, that I had was, at the end Mr. Pachman said that he was very pleased, that he had the opportunity to talk this thing out publically. 1 think that's an almost direct quote. I was at that Work Session, and there were about three other people at the Work Session. The agenda stating that he was having an appointment with the Town Board was not available to the general public until this morning. I don't really see how one can say, that he was talking this thing out publically, when he came he came to a Work Session, and only two or three people were there to even know that he was speaking on this. If, what.you were doing was saying, here's an opportunity to come in, and give it a try, because we're sympathitic to your concerns, and after all we haven't decided, but really this is just a proforma activity on your part, fine, but if in fact after the hearings that were held, and after the voice of the town was heard so clearly at those two hearings, this is a way in which these two properties are going to given an opportunity to §o ahead, then I think that the least that the Town Board can offer the town is the opportunity to once again, come in and speak about the new plan for development, and that's all I have to' say today. SUPERVISOR HARRIS: Thank you. Are there any other members of the audience, that would like to address the Board? SAMUEL MARKEL: My name is Sam Markel. I live in Southold Town. Mr. Harris, unfortunately I read an article in the Suffolk Times, and if it was true in your words, I believe an apology is in order from you to the Board of Assessment Review. The Review Board is governed by the laws and rules of the State of New York. As such, they must abide by these said rules, and interpret laws that are set forth by the State of New York. They have taken a oath to d_~- justice, when they were appointed. They worked hard, and come to fair decisions under the law. I think you could at this time tell me, that what I read in Suffolk Times was the truth,-then I won't have to proceed with the rest of my remarks. SUPERVISOR HARRIS: Mr. Markel, all I can say to you is you know the news- paper business, as well as anybody else. Believe half of what you see, and nothing that you read. That's all I can tell you. SAMUEL MARKEL: Well, in that case, do I take that to mean you did not say what I read in the paper? SUPERVISOR HARRIS: The comments I made were said at the time. How they were taken, and how they were phrased to you, I have no knowledge of knowing that. SAMUEL MARKEL: Did you read the Suffolk Times? SUPERVISOR HARRIS: I read the story. SEPTEMBER 22, 1992 137 SAMUEL MARKEL: Did you concur with what they said? SUPERVISOR HARRIS: Certain statements, that I made were factual. statements were not. Certain SAMUEL MARKEL: I don't have more to say on the matter, because I take it that you did not intend to cause any problems to the Board members, as far as their ability to perform. SUPERVISOR HARRIS: Absolutely not, Mr. Markel. My statements were that the reductions this year, that took place were due to the fact that the Board of Assessment Review gave a lot of money back. There were a lot of exemptions applied for, a lot of them. That was one statement that was made amongst many others throughout the budget process, which I'm endeavoring to tackle right now. One of them happens to be a fact. That so much money comes every year, and so much money does go back out the other way, including the next step, which we haven't even gotten to yet, which is the small claims process, which we don't even know what the impact, and the ramifications to this town is going to be yet for this year. SAMUEL MARKEL: I have a little background on that, which I will tell you about, but first I believe, I should speak my piece, because I won't be around to talk about it on October 3rd, I think that's when you'll be talking about the Human Resource Center. The purchase of that North Fork Bank building in Mattituck is, in my mind, not necessary to take an important piece of property off the tax rolls. The Long Island Lighting rates for electricity do very much do it to make it useful for the purpose you have in mind, and also, it is not located where most of the people, that use those services come from. I'm talking about the fact that Drosso's Restuarant is available. I call it Drosso's, I know it was somebody else, is available for sale at a much less price. Greenport Electric can be supplied. It was set up as a restuarant, was for many years. I'm sure that a lot of the materials in there can be used for the same purposes, as you're intending to use down there, where you'll have to purchase everything. I'm sure you'll have to bus people from Greenport to the new facility. That's a much closer location. 1 absolutely feel that if you looking to save some money in your budget, you.ought to start there. I heard that you're talking about a possible bond issue of about $600,000.00, and it will cost in interest about $97,000.00. Correct me if I'm wrong on those figures, but this is what I heard~ SUPERVISOR HARRIS: The debt service is being worked on righ'~ now. SAMUEL MARKEL: 1, for one, would' be very happy if this town would come to me for that bond issue, they're cjoing to put out. I think we could handle the whole deal. We'll take that $97,000.00. You won't have to go outside. Bond issues cost the taxpayers a lot of money for a long time. If they can be for a lesser amount, the cost will be for a lesser amount. I'msure Drosso~s would definitely cost a lot less than what you have in mind for the Mattituck property-. I, also, want to say, that in my reading of the paper, where most of my information comes from, Mr. Ray Edwards had to beg to get some repaving of some tennis courts. I've been on the Board of Assessment Review for many years. I always thought that the taxes paid by Fishers Island, were far in access of what those people received (tape change) I had a lot of other stuff I could say. On the Senior Citizen Center, I do hope that I'm not a lone voice in the wind. People, such as yourselves, in governing this town, and running this town, start listening to the people. I listen to them all the time, every day in the week. In fact I guess I'm the biggest complaint department there is in this town, and I get a lot of them. So, please listen. Thank you. SUPERVISOR HARRISi Mr. Markel, before you sit down. Sam, if I may for the years that I've known you. First of all, there's public information hearing, that is coming up on the 6th. I'm sorry, you won't be at it, because a lot of the information that you spoke of tonight, is in error. I would hope at that time that the information that you have presented will be clarified. Yours was certainly one of the sites that we looked at. We looked at about six or seven sites, and the Town Board deliberated very hard on each and every site., and looked at every possible aspect to see whether it would be possible to move into any one of these sites, that they deliberated on. They moved from site to site, because they're uncomfortable for one reason or another, or with problems that were not known to the public, that were known to the Board through inspections, and so on. This town has to Ioo~k to the future. It, can not stay in the present mode that it's in, on hold. A Human Resource Center in, this town is badly needed. The aging population is only on the increase. It certainly is not on the decrease. The services that these seniors need is on the increase. The amount of funding that is available is on the decrease, from State levels, and County levels. We are left with a very hard choice to make when we come up with budgets. Supervisors in particular are left with hard decisions to make, which theygive to the Town Board to deliberate on. Many of those services have to be put in a priority faction. One of those priorities happens to be the elderly population, the programs, that we have in place, and whether we sustain them. Now, Ve Mckieghan can tell you, as well as anybody else, and I know that during the public information hearing, she will do that to the public that attends, the need for this building, the need for the programs, that she has in place to be expanded, the unlimited amount of resources, that she could tap into, if she had a facility, that was owned, and not rented. The list goes on and on, but I'm not here to tell you about the informational meeting in advance. I'm only here to explain to you that everyone of the things you've brought up was looked at thoroughly by this Board, and I'd have to question whether you happen to think you're the most important person, when it comes to complaints on a daily basis. I think this Board probably receives far in excess of complaints, that you have heard on a daily basis, and I know in my office I certainly do, and these are not tough times for any of us, no matter what function of govern- ment we happen to operate in, and we certainly are doing our best to make sure, that the people sustain not only their living in this township, but also that they continue to have a future in this township, and this Board works on all aspects from young to old, including a needs assessment, which we talked about today in the Work Session, which we put in progress for the youth, something that was badly needed to find out what are the needs of our young people. Is there a future for young people? Can we move towards helping our young people to stay in this town without driving them out? Are the programs, that we could put in place, that' would be cost effective, that wouldn't be a breaker for the taxpayers? It goes on, and on, and on. What I'm saying is, Sam, is this Board works very hard, and when it comes to something of a $600,000.00 plus or minus bond, it doesn't take it lightly, and that's why it's having public information hearings, and not just doing it, and saying, we know what's good for the people, we've already heard from the people, and we know we're on the right track. We're having public information to explain exactly, step by step, what we've done to this point before that expenditure is made, so that there's a full understanding, and with the full support of the community, which I expect we're going to have on October 6th. I think the papers, and the media, will report very accurately that this Board is on the right track, and that the future is the key to the survival of Southold Town in many, many programs, that it has to unfortunately expend money on. SAMUEL MARKEL: You keep up the tax program, that you're following now, and you wouldn't have to worry about feeding ~d~ese people, because they won't able: .to _lj:y_e_..here. SUPERVISOR HARRIS: Is there any other members of the audience, that would like to address this Board? (No response.) Any members of the Town Board? COUNCILMAN PENNY: I would like to speak on two resolutions, that we acted on earlier. One which I abstained, and one.of which I put forth, which was 'Resolution #24 request for interpretation to the ZBA. I'd just like to give the public, that wasn't here today, a chance to have little background on this, and if you've been following the newspapers over the last couple months, you've seen a reference to a war between the Planning Board, and Dr. Lizewski, and myself. Well, that war is a very convenient war, that might sell newspapers, but it really doesn't relate to the discussions, that have been going on 'n the Legislative Committee, and inside the Town Hall. The reason, that I put this resolution for an interpretation in front of the Town Board, and asked for the Town Board to endorse it, and pass it on to the ZBA, is to settle this juris- ditional problem. People have come to us from time to time addressing the fact, that why do certain things take so long to happen, and who has the authority for this, and who has the authority for that? I thought that in the years that I'd spent on the Town Board I have a fairly clear understanding, however when we addressed who had the authority to require a site plan approval/ I ran into this problem with the Chairman of the Planning Board. He became quite vocal, and fed a lot of information to the public, and really misled what we were doing, so much to the point that it caused a code inteEpretation by the Editor of the Suffolk Times. Just to show you that it's dangerous when people interpret codes, it's very dangerous for the public to do it. It's very dangerous for anybody besides either the Town AttorneY?, or the ZBA to do it, because that is their job, and that is why I decided to go no further with this so called jurisdication SEPTEMBER 22, 1992 or dispute, a call for a clarification from the ZBA, so we can put this issue to bed. Is the public well served by those who over step their authority? Now, we heard earlier a dissenting vote, that everything is fine and dandy, and I~ve read this in the papers, spoken from the Chairman of the Planning Board, yet today we had a resolution, which I abstained on, where an applicant came before the Planning Board on May 8, 1992. He put up $152.80, and was told on, what's today? September 22nd, by us, and a letter from the Planning Board on September 14th. That's several months later down through the process, that the nonconforming use has been discontinued for more than two years, and the nonconforming use is no longer permitted. The Board has concluded. It is my opinion from my understanding of the Town Code, that the Planning Board has absolutely no right to make that determination. So, how is the system working well? If the person had gone, Mr. Spanos, had gone to the Building Inspector', would he not be better served? Five or six months ago, he would have had this determination. He wouldn't have had to spend time, expense, and anxiety waiting for a decision five or six months later by someone who, in my opinion, does not have the authority to give it. It's very clear, that this is what is going on. I feel that if there are grey areas in the Town Code, particularly those pertaining to applications, and to simple procedurally matters, that happen in this Town Hail on a permitting basis day by day. The public has the absolute right to know to know, number one, that the person they are dealing with has the authority to act in the manner in which they understand it. That they're not going to somebody who is giving them some information, that can not support that authority with Town Code. People have the right. We have the responsibility as legislators, and as managers of this town to make sure that all of the personnel, that work in this town, understand their jobs, under the limits of their job, and understand their full responsibility. That is the direction that I hope will come out of this in the long run, and I doubt that it could appear in other fashion in the local papers after today, because this is the second time I've said it. On a happier note, we did have a report from Mary Ann Fleishman on our youth assessment needs, that we had done. It's a little bit scary, but I look at it as a start, when I say happy. It's scary when you look at the results, and realize the problems, that are out there for kids, and for youth in the Town of Southold. The Town of Southold has been ignoring, quote, unquote, although not intentionally, of course, it's ~outh. Maybe it's just a product of the times. Things have changed. Everybody figures, well, the kids will take care of themselves. Well, this report says, that there aredefini:t~y some problems. I made a suggestion to the Town Board, and in conjunction with Dr. Lizewski, and the Recreation Department, we hope to hold a conference for people interested in youth, and the concerns of youth in Southold Town. The Town Board has agreed to hold this conference. We will invite as many people, including the heads of schools, civic associations, civic organizations, our churches, basically anybody from the public, and let's find out what we can do to help our kids. Hopefully, we'll somebody there that can interpret, and give to the public in a short amount of time, this lengthy report which we received, and hopefully, that at some time in the near future we can start on a program, that will be more helpful, and provide more guidance, and comformance with our D.A.R.E. Programs, and help the kids get on the right track in the Town of Southold. I think it's'a long time overdue, I respectfully thank the Town Board for their support of this endeavor, and I hope that Joe, and I, are able to pull this off, because I think it's very -necessary, and very, very long overdue. Thank you SUPERVISOR HARRIS: Any other members of the Board, that would like to address any subject, otherwise I entertain a motion to adjourn. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:00 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 AO©PTED~. Southold Town Clerk