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HomeMy WebLinkAboutTB-03/24/1992SOUTHOLD TOWN BOARD I~ARCH 24, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny. IV, Councilman Thomas H. Wickham, 'Councilman Joseph .1o Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. EXECUTIVE SESStON 9:45 A.M. On motion of Councilwoman Hussie, seconded by Cour~cilman Wickham, 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. Also present: Town Attorney Arnoff and Assistant Town Attorney Kiernan. The Board met with the chairmen and representatives of the Town Trustees, Planning Board and Board of Appeals to discuss litigation. 10:45 A.M. Emerson Hasbrook, Cornell Cooperative Extension, met with the Town Board to disc~uss their proposed Southold Town Water Quality Project. They propose to undertake, in conjunction with the Town, a project to attempt to specifically, identify sources of fecal coliform pollution in _selected creeks and embayments and then to offer recommendations to abate those identified sources. They propose to carry the program over a two year period. Mr. Hasbrook submitted a proposed annual budget of 35,200 for the Town, with Cornell putting for $24,064. The Board advised him that the Town has limited funds at the present time for road run-off. problems, and don't know where they would find funds for this type of project. The Conservation Advisory Council is currently working on a similar project in Goose Creek, and has others on the drawing board. The Board will take the proposal under consideration. 11:20 A.M. - Lorraine Santacroce met with the Board to request pe~'mission to locate a 33 ft. house trailer on her property at 945 Tuthill Road Extension, $outhold, the subdivision of Highpoint Meadows. The Board asked Mrs. Santacroce to check, the covenants and restrictions on the deed to her lot to determine whether she would be permitted to place a trailer on the property. Mrs. Santacroce returned just prior to the 7:30 P.M. regular meeting and advised the Board the location of a trailer is not permitted under the C&R's. 11:30 A.M. - Insurance Consultant William F. Mullen, Jr. met with the Board to advise them he had obtained a new public officials liability insurance policy carrier, 2 Million Dollars coverage for $12,500, with a $10,000 deductible. He recommended terminating the current policy Flat, which the Board authorized him to do.--Mr. Mullen brought to the Board's attention advertising signs which have been placed directly on the sidewalk two in particular in Cutchogue. He advised the Board that the sidewalks are the Town's responsibility and he is concerned about the liability. The Town Attorney will notify the Ordinance Inspector. 11:35 A.M. Joseph Amato, P.E., and his associate Janice Dic. tena, Cameron Encjineerincj, P.C., met with the Board to explore the possibility of a Marine Vessel Pump-out Facility to be located at the Town's Scavenger Waste Treatment Facility in Greenport. They have been involved in a pilot program in East Hampton. They agreed to make a recommendation of what the Town should proceed ~vith and submit a proposal for consideration. 24, 1992 3 6 3 11:55 A.M. - For Discussion Items: (1) Request from Police Chief Droskoski attendance at a sem.nar by two public safety dispatchers (see resolution no. 10). (2) Request from Chief Droskoski to attendance at an Underwater Aircraft Accident Investigation seminar by the two bay constables and two police officers (see resolution no. 11). (3) Letter from the Suffolk County Department of Health Services regarding an amendment to the County Sanitary Code with respect to rooming house permits. This will be referred to the Building Department for comment. (4) Proposed resolution, drafted by Councilman Wickham, concerning the Long Island Regional Planning Board's Special Ground Water Protection Area in Southold Town. Following discussion of certain wording in the resolution, Councilman Wickham agreed to redraft it and represent it ~fter the lunch break (see resolution no. 21 for the final proposal). (5) Draft Findings Statement for the Jem. Commons change of zone petition as prepared by Cramer, Voorhis & Associates. Board wished additional time to study, and this will be placed on the April 7th agenda for discussion. (6) Proposed resolution to reappoint Gerard Goehringer a member of the Board of Appeals (see resolution no. 12). (7) Proposal from Cashin Associates, P.C, for additional Planning/Environmental Services on the Town of Southold Local Waterfront Revitalization Plan (see resolution no. 13). (8) Proposal from General Code Publishers Corp. for a recodification project of the Southold Town Code. Assistant Town Attorney Kiernan will obtain information from other towns concerning the code books. 12:35 P.M. - Recess for lunch. EXECUTIVE SESSION 1:45 P.M. - On motion of Councilman Penny, 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.' Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Superintendent of Highways Jacobs, Principal Account Clerk Cushman, Town Clerk Terry.---The Town Board met with their Labor Relations Consultant Robert P. Yaccarino to discuss the proposed new collective bargaining agreement between the Town and the C.S.E.A. 3:10 P.M. Environmental Consultant Bruce Anderson met with the Board to discuss the SEQRA process .with respect to the proposed new Home Occupation Law. 3:45 P.M. For Discussion Items (continued): (9) Reappointment of Kenneth L. Edwards as a member of the Southold Town Planning Board (see resolution no. 14). (10) Request from Recreation Supervisor Kenneth R,eeves to attend a one day seminar on Basic Supervision was denied. (11) Req~uest to attend a meeting at Triangle Consulting with respect to the Town's Parcel software (see resolution no. 15). (12) Authorize refund to Mattituck Airbase, Inc. (see resolution no. I6). (13) Compilation of monetary penalties for Town ,Code offenses prepared by Councilwoman Hussie. Will be discussed again a~fter' further research by Councilwoman Hussie. (14) Letter from the New York State Division of Equalization and Assessment advising that the terms of the members of the Board of Assessment Review must be staggered so only one term expires each year (see resolution no. 17). (15) Letter from Fish Unlimited requesting the five east end towns to invest $1,000 each to help underwrite the "Peconic Bay/Nitrogen Conference" to be held on July 23rd and 24th. Supervisor Harris will respond that the Town did not budget for such an expenditure. (16) Proposed "Local Law in Relation to Water Skiing" set public hearing (see resolution no. 18). 1117) Software Agreement for the tax collection system (see resolution no. 19). (18'1 Proposal by Councilwoman Hussie to establish a.policy with respect to compensation of Town employees who are members of committees. This will be discussed again at the April 7th work session. (19) Request permission for Ordinance Inspector Wieczorek and Building Inspector Fisher to attend a Code Enforcement Educational Conference. Board members will discuss this request with Principal Building Inspector Lessard. (20) Proposed specifications for highway construction in minor subdivisions. Town Attorney will put in proper form for a resolution. :3:6:4 MARCH 2., 1992 EXECUTIVE SESSION 4:50 P.M. - On motion of Councilman Penny, seconded by Councilman Lizewski~ 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, Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The Town Board discussed possible purchase of property and pending litigation. 5:05 P.M. - The Town Board reviewed the resolutions to be voted upon at the 7:30 P.M. regular meeting. 5:20 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meetinc. t of the Southold Town Board was held Tuesday, March 24, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M.,with Pledge of Allegiance of the Flag. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilman George L. Penny IV Councilman Thomas H. Wickham ) Stewardship Initiative ) Meeting at Mattituck High School SUPERVISOR HARRIS: As you can see, we have two Board members that are absent tonight. They are running the fourth in a series of six hamlet meetings, that the Town Board initiated in reference to the United States/United Kingdom Stewardship Intiative, and after this Town Board meeting tonight some of the members here, depending on the time frame, are going to try to go up there, and join the other members of the Board in hearing the public from this hamlet of Mattituck, that's being held tonight at the Mattituck High School, and get some more imput in reference to the eleven intiatives, that were presented to the Town Board by the US/UK Team back in July. At this time, I'd like to welcome the people in the audience. I need a motion to audit the bills from March 24, 1992. Moved by Justice Edwards, seconded by Councilwoman Hussie, it. was RESOLVED that the following audited bills be and haereby ordered paid: General Fund Whole Town Bills in the amount of $227,910.82; General Fund Part Town bills in the amount of $47,313.47; Nutrition Fund bills in the amount of $3,411.57; Adult Day Care bills in the amount of $100.00; SNAP Program bills in the amount of $2,065.05; Community Development Fund bills in the amount of $9,363.01; Highway Fund Whole Town bills in the amount of $6,226.01; Highway Fund Part Town bills in the amount of $8,247.32; Employee Health Benefit Plan bills in the amount of $23,408.09; Fishers Island Ferry District bills in the amount of $53,035.67;Southold Wastewater District bills in the amount of $67,749.99; Fishers Island Sewer District bills in the amount of $154.63; Southold Agency & Trust bills in the amount of $4,377.87; Fishers Island Ferry District bilIs~in the amount of $166.84. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of March 10, 1992, Town Board meeting. 24, 1992 3 6 5 Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the minutes of the Town Board meetincj of March 10, I992, be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion setting the next regularly scheduled Town Board meeting for April 7, 1992, at 4:00 P.M. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:00 P.M., Tuesday, April 7, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. T-his resolution was declared duly ADOPTED. I. REPORTS. 1, Lawrence Healthcare CSEA Report for February, 1992. 2. Lawrence Healthcare PBA Report for February, 1992. 3. Southold Town Developmentally Disabled Recreation Program Report for March, 1992. 4. Councilmen's Reports. 5. Supervisor's Report. II. PUBLIC NOTICES 1, Suffolk County Senior Citizens Advisory Board Award nominations to be received by April 20, 1992. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Fishers Island Development Corp. proposing to construct a maintenance building, sanitary system, concrete pad for a propane tank, a gravel parking area, well, and relocate an existing barracks, mimmum 65 feet from NYS DEC regulated freshwater wetlands on golf course, Fishers Island, New York. Comments must be submitted by April 9, 1992. 3. Notice of Evidentiary hearing on Long Island Lighting Company's application for a gas rate increase. 4, Notice of public meeting regarding Brown Tide Comprehensive Assessment and Manac~ement Program. 5. New York State Department of Transportation amended Order of Establishment of "School Speed Limit of 25 MPH on Pike Street, Mattituck, NY. 6. New York State Department of Trans oration amended Order of Establishment of "School Speed Limit of 25 MPH on Oaklawn Avenue, Southold, NY. III. COMMUNICATIONS. I. Bessie E. Swann, Executive Director of C.A.S.T. thanking the Town for supporting "Can It Day". 2. Detective Beth D. Wilson, D.A.R.E. Instructor in regard to the Super- visor's participation and assistance in their program. IV. PUBLIC HEARINGS. 1. 8:00 P.M. on a proposed "Local Law in Relation to Peddling and Soliciting". 2. 8:02 P.M. on a proposed "Local Law in Relation fo Refuse and Recyclables". V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, before we go into regularly scheduled portion of our meeting, we have. a number of resolutions on tonight, and two pubic hearings, scheduled for 8:00 o'clock, and 8:02 P.M., are there any member of the audience that would like to address this Board in reference to the resolutions, that we'll be deliberating upon shortly? (No response.) If not, let's move to the resolutions, and why don't we start with Councilwoman Hussie? 1.~Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby cjrants permission to five (5) member of the Southold Town Landmark Preservation Commission to attend the Long Island Landmark Commissions Conference, sponsored by The Society for the Preservation of Long Island Antiquities, The Preservation League of New York State, and The New York State Office of Parks, Recreation and Historic Preservation Field Services Bureau, at Grace Auditorium, Cold Spring Harbor Laboratory, Cold Spring Harbor, New York, on Saturday, April 11, 1992, and the $10.00 per person registration fee, and $7.50 per person lunch charge shall be a legal charge against the Landmark Preservation Commission's 1992 Budget. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the application of Joseph W. Petraukas for renewal of his sincjle family house trailer permit, for trailer located at 490 Hill Street, Mattituck, which permit expired on March 13, 1992, be and hereby is granted for a si× (6) month period. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Justice Edwards, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Patchogue Kiwanis Club and Maryhaven Center of Hope, a non-profit agency serving the mentally retarded and developmentally disabled, to use the following Town roads on Sunday, June 14, 1992, for their fund raising bike-a- thon: Peconic Bay Boulevard, Sigsbee Road, Factory Avenue, and Sound Avenue, provided they secure and file with the Town Clerk a Certificate of Liability Insurance in the amount of One Million Dollars naming the Town of Southold as an additional insured. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southotd hereby authorizes and directs the Town Clerk to advertise for bids for repair of the rear differential on the Caterpillar 816B compactor. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $458,475.00 for a bond for roads and improvements in the major sub- division of Summit Estates, East Marion, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. 5.-Vote'of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-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 a Contract Budget Modification Request between the County of Suffolk and the Town of Southold for an amendment to the Expanded In-Home Services to the Elderly Procjram, which amendment results tin a zero net change. 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute agreements, in accordance with the approval of the Town Attorney, with the following individuals or businesses for the 1992 Spring Recreation Programs: Shirley Darling (tennis) East End Insurance Services (defensive driving) Fred Endemann (celestial navigation) Hidden Lake Farms Riding School (horseback) Island's End Golf & Country Club (golf lessons) Matthew Kiiernan (basketball) Mary Mooney-Getoff [Chinese cooking) Ralph Scheider (square dancing) JoAnn Terkowski (folk dancing) Terese Wunderlich (aerobics) $14.00 per class (1 hour) $35.00 per person enrolled $25.00 per class (1 hour) $150.00 per person enrolled $37.50 per person enrolled $15.00 per hour (2 hours) $40.00 per class (2-1/2 hours) $40.00 per class (2 hours) $20.00 per class (1-1/2 hours) $20.00 per class (1 hour) 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Once again, these 1992 Spring Recreation Programs are continuing as we bring to the people of Southold Town as much recreation facility programming as we possibly can have with the limited funds, that we have to spend. We are constantly trying to improve the Recreation Center, and the programs that we offer, and I think some of these courses, that are on here, are retained courses, that we've had a number of years. However, there are some that we'll be adding, and we hope that people will use this to the maximum facilty. This is your Recreation Department, and the Recreation Department Committee is doing ail it can to make sure that these s'ervices are what you're looking for, and what are needed within the community. 8.-MOved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $70.00 to enable Recreation Supervisor Kenneth Reeves to.partake in a Water Safety Instructor course at Sayville Jr. High School, and the textbook fees of approximately $25.00 to $35.00 shall be reimbursable; check made payable to SayvHle Public Schools, charge to be made to A7180.4, Beaches.. Contractual Expenses. 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Justice Edwards, seconded by Councilman Lizewski, 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; and be it further RESOLVED that the Board accepts the proposal of A.R. Lombardi Associates, Inc., on a time and material basis according to their 1992 fee schedule, to prepare the Permit Renewal for the Fishers Island Wastewater Discharge System to the New York State Department of Environmental Conservation and the Suffolk County Department of Health Services, all in accordance with their, proposal for the aforesaid services dated March 23, 1992. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Public Safety Dispatcher 2 John Raynor, and Public Safety Dispatcher Claude Kumjian to attend a s~minar presented by the University of Delaware, entitled "Use of Supervisory Principles Within Communication Centers", on April 14 and 15, 1992, at New Castle, Delaware, and the tuition of $275.00 per person, and necessary expenses for meals, lodging and travel shall be a legal charge against the Public Safety Communications 1992 Budget. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This resolution the Town Board felt was necessary for these individuals in order to obtain the highest possible standards for our Public Safety Dispatcher that we have. In our PoHoeDepartment we have a state of the art facility there, and we feel that that facility is probably one of the highest standards, that we can maintain for the safety of our residents, and the people that run that facility on a daily bais, such as John Raynor, who is the Chief Safety Dispatcher, and Claude Kumjian, who is probably one of the older Public Safety Dispatchers, that the Town has, are some of the keys to the running of a smooth operation, and their public education, and enhance- ments, that they bring, back to this town are directly beneficial, not only to the residents, but, also, to the Police for which the services they provide to each, and every one of us. So, we certainly are in favor of education, and hope that they will come back with a lot of information to help this town go into the next decade. Thank you. 11.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby cjrants permission to Senior Bay Constable Donald Dzenkoski, Bay Constable Andrew Epple, Police Officer Joseph Conwa¥, Jr., and Police Officer Edward Grathwohl to attend an Underwater Aircraft Accident Investigation, Rapid Water Rescue, Recovery Techniques course at Shelter Island, New York, on April 29, April 30, and May 1, 1992, and the tuition of $175.00 per person, and the necessary expenses for meals and travel shall be a legal charge against the Bay Constable's 1992 Budget. 11'.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Once again, this resolution unfortunately is apropos considering the tragedy that just took place at LaGuardia Airport, and USAir flight where a number of people, as you know, were killed. It's certainly is something that we ~eel this town should never need we hope, but in case a tragedy does occur here, which is a possibility, considering that we do have an airport, not only in Mattituck, but also one on Fishers Island. We certainly need the health and safety of those residents protected, and this incidental requirements, that these officers will be going towards in educating, again, themselves with nothing more than a benefit to a standard, which we try to uphold within our Police Department, so we hope that the information, again, that's received from these gentlemen will be useful, but hopefully, will never have to be used within the Town boundaries. 12.-Moved by Councilman Lizewski, seconded b,v Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Gerard P. Goehringer a member of the $outhold Town Board of Appeals, effective April 30, 1992 through April 30, 1997; and be it further RESOLVED that the Town Board hereby reappoints Gerard P. Goehringer Chair- man of the Southold Town Board of Appeals for calendar year 1992. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it wa RESOL~VED that the Town Board of the Town of Southold hereby accepts the proposal of Cashin Associates. P.C., dated March 11, 1992, to perform additional work on the Town of Southold Local Waterfront Revitalization Plan, at a cost not to exceed $9,500.00 for the aforesaid services; all other terms and conditions of Cashin Associates' orignal contract with the Town of Southold, dated August 13, 1990, shall continue to apply. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Once again, this Waterfrom~t Revitalization Plan, that the Town has been working on for a number of years, is a State mandated plan, of which if we didn't customize it, and present our own plan to the needs of this community, the State would come down, and impose a plan on us, that is generic, and certainly would not fit in with the community of the Town of Southold, so the work that has been going on with the Waterfront Revitalization Committee, Cashin Associates, and Town Board member George Penny, and other members of the Board, who have been working towards a resolve of this, finally we hope LRPW will at one point be benifical, we hope to the plan for many years to come, to this town for many years to come, and we certainly are doing all we can right now to finalize this document, considering the magnitude, because in one way it actually is a mini Master Plan for the waterfront for the Town of Southold. MARC. 2., 1992 3 6 9 14.-Moved by Justice Edwards, seconded by Councilman Hussie, it was RESOLVED that the Town t3oard of the Town of Southoid hereby reappoints Kenneth L. Edwards a member of the Southold Town Planninct Board, effective April 30, 1992 through April 30, 1997. JUSTICE EDWARDS: Before we vote I want to put some comments in here. When Kenny was first appointed,I was chastised by the Supervisor at the time, for voting for a first cousin to put him on the Board, but 1 told the Supervisor at that time, that Kenny would have been the popular choice on Fishers Island. I can honestly say, that Kenny has more than fulfulled his duties flying back and forth from Fishers, sitting on the Town Planning Board. The only meetings, that has missed, is the times that Mr. Orlowski has told him not to come over, because of Budget constraints, or because of weather. I think that you can directly show that Kenny has been very, very active in participation on the Southold Town Planning Board. I offer this resolution. Thank you. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd also like to comment that Ken has been a very valuable member of the Planning Board, and very diligent in his attendance. At times, it's not easy to come from Fishers Island with the weather restrictions, that are imposed, but Ken seems to always make his way over here, and miss as the Judge has said very few meetings, and the Town is extremely pleased with the performance of Mr. Edwards in his many years of being on- this Board. We wish him many, many years of success in the years to come, because this is what the Town needs are people who are dedicated to the long term future planning of the Town of Southold, of which Fishers Island certainly is no stranger to long term planning, considering some of the documents that they have in place over there, Judge. 15.-Moved by Councilwoman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Data Control Supervisor Jeanne Ruland, ZBA Secretary Linda Kowalski, Planner Melissa Sp~ro, and Clerk Typist Georgia Rudder to attend a meeting at Triangle Consulting 'n Woodbury, New York, on April 9, 1992, at 9:30 A.M., to view possible enhancements to the Town's Parcel software (already imolemented for the Village of Westbury), and discuss the task of interfacing said Parcel System to the Assessor's Real Property System; a Town vehicle is authorized for transportation. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Tdwn Board of the Town of Southold hereby authorizes the refund of $1,500.00 to Mattituck Airbase, Inc., which sum represents the $1,000.00 filing fee for their change of zone petition, which they have withdrawn, and the $500,00 SEQRA reimbursement fee for the envrionmental review by Cramer, Voorhis & Associates, which was never initiated on the Town behalf. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I might add, that this amount is being refunded in totality. There have been no administrative costs associated with this application, and so we can refund the whole amount. In many instances where administrative costs are definitely in place, so the towr~ has had to structure the refund based on the amount of hours, that the staff have put in with a petition change such as this, but in this case no action had ever been taken, so we're glad to refund the total amount. 17.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby adjusts the term of Board of Assessment Review member Samuel G. Markel to expire on September 30, 1993, all in accordance with the requirements of the New York State Division of Equaltization and Assessment which requires that the term of each member of the Board of Assessment Review expire in a different year. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to at this time, have our Town Clerk explain to the members of the audience. We had to adiust the term of this inc~ividuai based on a State requirement, and Judymaybecan take a couple of minutes iust to explain why we had to do this. TOWN CLERK TERRY: Some years ago, the terms expired in different months of the year, and a few years ago, the New York State Division of Equalization and Assessment said that all terms must expire on September 30th, as well as each of the five members terms must expire in different years. We had already had their terms in place, and it turned out that we h~d two people expiring in the same year, so under their rules and regulations we had to adjust one term. Now, we are in total compliance with the State regulations. 18.-Moved by Justice Edwards, seconded by Superwsor Harris, 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 Water Skiing"; now, therefore be it RESOLVED that the Town Board hereby sets 4:30 P.M., Tuesday, April 7, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this~"oresaid proposed Local Law, which reads as follows: A Local Law in Relation to Water Skiing BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1. Section 32-35 (C) (Water-Skiers) of the Code of the Town of Southold is hereby amended by addinc~ thereto the following subsection: 1. The following regulations shall apply only to Hay Harbor: a. Water skiing is permitted after 5 P.M. on weekdays and all day Saturday and Sunday unless organized waterfront activities are planned by the Hay Harbor Club. b. Water skiers will follow a pattern established by the first boat to start skiing i.e. clockwise or counter clockwise. c. Skiers will remain a minimum of 50 feet from any dock or shoreline. d. Skiers and boats will come no closer to the Wilmerding dock than a yellow float placed by Mr. Wilmerding to mark that boundary. II. This Local Law shall take effect upon its filing with the Secretary of State. JUSTICE EDWARDS: Now, I'm going to comment on this. This is Hay Harbor on Fishers Island, and with the laws that govern the Code Book now, I believe it's within 500 feet of shore skiing is not permitted, and if that held true in Hay Harbor, there would be only a little bit of a doughnut in the center of the Harbor, that would be allowed to be skied upon legally. So, this has been modified strictly for Hay Harbor on Fishers Island, and it is a very active harbor for skiing in the evening. I offer that resolution. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd also like to comment a little bit. That's the leadership of Judge Edwards. This has been ongoing now for over a year. The constituency from Fishers Island, the Fisher Island Civic Association, and many other groups over there have met with the Town Board during our Town Board meeting, that we normally hold in the summer over there, and they have asked oh a number of occassions, for us to implement this because of problems that have occurred throughout the summer, when the population is at it's peak, and the Town Board was ready to act on this last year, as early as last fall, however the members of the Fishers Island Civic Association had to ask the Town Board to hold off, until they could form another committee, which is called what, Ray? JUSTICE EDWARDS: Hay Harbor Committee. SUPERVISOR HARRIS: Hay Harbor Committee, which could meet with the Civic Association to come up with their final recommendations to this Local Law, so we have be immediable to the needs of Fishers Island residents, and we're glad to, as I said, at the leadership of Judge Edwards, who has been basically telling the Board, and responding to the needs of the residents of Fishers Island in keeping us informed with what's happening, as far as their meetings go. So for that, Judge, thank you for the information. MARCH 24, 1992 711 19.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Software Agreement between Acumen Computer Services and the Town of Southold for the purposes of providing software for the administration of real property tax collections, as defined in the agreement; said cost not to exceed $12,000.00; agreement all in accordance with the approval of the Town Attorney. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-M0ved by Councilman lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Superintendent of Highways Raymond L. Jacobs and Town Attorney Harvey A. Arnoff to travel to Albany, New York, on April 1, 1992, for a conference with the New York State Department of Law concerning Interogatories and Combined Discovery Demands, in the matter of the State of New York v. Town of Southold, Spill No. 85-1219, and the necessary expenses for meals and travel shall be a le9al charge to the Town Attorney's 1992 Budget. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Supervisor Harris, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold' wishes to take practical steps to preserve the high quality of the Town's groundwater; and WHEREAS, the Long Island Reoi0nal Planning Board (LIRPB) has recognized the Special Groundwater Protection Area (SGPA) comprising about 3,000 acres along County Road 48 between Mattituck and Southotd; and WHEREAS, the Town Board of the Town of Southold is examining, through its Stewardsh~olnitiative, policies and possible legislation to facilitate the sale or transfer of development rights to farmland, among other things; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby endorses the LIRPB recommendations for the SGPA calling for (1) Suffolk County funds to acquire open space and farmland development rights within the SGPA, (2) continued County support for the Cornetl Cooperative Extension Services' best management practices for agriculture, and (3) continued support for agricultural districts and agricultural reserves, all in accordance with the LIRPB and the Town's Stewardship Initiative; and be it further RESOLVED that the Town Board of the Town of Southold will address practical and equitable procedures aimed to minimize density of new housing development within the SGPA, such as clustering outside the SGPA, in accordance with the Town's proposed Stewardship Initiative. SUPERVISOR HARRIS: I might add, that there are some proposal's in this draft of Long Island Regional Planning Board, which this Board does not wholeheartedly endorse, however being that there are two areas, that have been designated over the years, one being around Laurel Lake, and the second being through the spine of Peconic, Cutchogue running along the railroad tracks. The Town Board feels that endorsing the Planning Board, and most of it's concepts as a draft document is the most beneficial way to preserve the groundwater especially for the future of the Town of Southold. However, there are certain parts when it comes to the number of acres, that should be mainl~ined atonce, therefore restricting the farmers' rights, has most of the Board members exactly in a tizzy exactly what their intensions were, when the~,were trying to deal with some of these farms, and at the same time taking away the rights, that some of these farmers have in reference, to the equity within their land. In reference to that this Town Board recognizes the rights of our farms, the heritiage for 352 years, that this Town has endured, and as I said, generally endorses all of the concepts within the draft Planning Board document. However, there are certain areas of that document, that this Board is uncomfortable with, and as time develops, and as they come to a finality with this document, we hope that imput from Southold Town will be valuable towards the future-protection Of these areas when it comes to long term planning in regards to public drinking water supplies. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, CoLincilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time I need a motion to recess to go into public hearings. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconve6ed-' at 8:10 P.M. SUPERVISOR HARRIS: At this time, would the Board like to ~nove on the first public hearing of the evening, a "Local Law in Relation to Peddling and Soliciting". 22. -Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold on the 10th day of March, 1992, a proposed Local Law No. 8 - 1992 entitled "A Local Law in Relation to Peddling and Solicitng"; and WHEREAS, a public hearing was held on the foresaid Local Law on the 24th day of March, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 8 - 1992, which reads as follows, to wit: A Local Law BE IT ENACTED, by the LOCAL LAW NO. 8 - 1992 in Relation to Peddling and Soliciting Town Board of the Town of Southold as follows: I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold is hereby amended as follows: 1. Section 69-103(B)5 is hereby deleted in its entirety. 2.Section 69-103(B) is hereby amended to read as follows: B. This Chapter shall not apply to any of the following: (1) Sales conducted pursuant to statute. (2) Sales conducted pursuant to the order by any court. (3)Any person selling personal property at wholesale to dealers in such articles. (4) The sale of fruits and vegetables raised on the property where being sold. (5)A-n-y he~r~>ly ~Jiset~a-r~-ed mem~-t~he I~nFt~ ~ ~d F~ ~ has ~~ I~se u~ A~e (5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide charitable, religious, patriotic or other organization of worthy cause deemed to be in the public interest and which organization is represented locally by a Town resident. (6)Any person sellin9 personal property at a garage sale held at his residence. (7)The sale of newspapers. (8) Any merchant havin9 an established place of business within the Town of Southold. I1. This Local Law whall take effect upon its filing with the Secretary of State. * Underscore represents additions ** Overstrike represents deletions Text which is neither underscored nor overstruck is merely included for purposes of renumbering. '22v-Voteofthe Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS:' Would the Board like to move on the second Local Law of the evening, a "Local Law in Relation to Refuse and Recyclables"? 23.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of-Southold on the 10th day of March, 1992, a proposed Local Law No. 9 - 1992 entitled, "A Loca Law in Relation to Refuse and Recyclables"; and WHEREAS, a public hearing was held on the aforesaid Local Law on the 24th day of March, 1992, at which time all interested persons were given an oppor- tunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 9 -1992, which reads as follows, to wit: MARCH 24, 1992 373 23. LOCAL LAW NO. 9 - 1992 A Local Law in Relation to Refuse and Recyclables BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 48-2(A) is hereby amended to read as follows: A. No person shall collect, store, accumulate, throw, cast, deposit or dispose of, or cause or permit to be collected, stored, accumuJated, thrown, cast, deposited or disposed of, any refuse and/or r~c¥cable upon any premises or upon any street, highway, sidewalk' or public place within the Town of Southold, except when authorized by the Town Board. 2. Section 48-5 is hereby amended to read as follows: No person shall convey or transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart, wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or rec¥clables in such public places and streets. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris, This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: That finishes up, ladies and gentlemen, our regular portion of the agenda in reference to public hearings, and resolutions. Are there any members of the audience, that would like to speak to this Board on any matter, that you feel would be of particular interest to us, now is the time. Come forward, please, and state your name. JOHANNA NORTHAM: My name is Johanna Northam. I just want to about the Special Groundwater Protection Area. I had received from a group of people who are attached to the Suffolk County Groundwater Protection Area. There were problems with a lot of group homes. However with the Southold Ground- water Protection, they were very pleased. As you know, there is a Federal Law, Groundwater Protection. There is Federal Law designating Long Island sole source of aquafilter. So, we have all these experts, that have told us that we should protect. We have the Long Island Regional Planning Board with their experts telling us this area should be protected. It was brought up at the work session, that there's concern. We're talking about specific areas, and there is concern, I think, about farmers SUPERVISOR HARRIS: Rights of the owners of the properties. JOHANNA NORTHAM:Do"the owners understand the Jaw, that are on the books, the Federal laws about designating sole source of aqua, and wh~/?'· I mean, is it the Board's decision because they feel the farmers would be unhappy with this, or is it because that you feel that..this has come up in the past, I think it was ten acre zoning, that came up a few years ago, and now we're talking about five acre zoning. We're talking about a spine, that..you know, I come from Nassau County, and Alice comes from Nassau County, and we black topped Nassau County, and we have ibrobl'ems. Today I walked through Brecknock area, which we're going to lose probably, because it's going ap; fb~r auction. We have problems with Dam Pond. We have problems with Corchaug. He're we have all the experts. I'm not saying you're not experts, but we have all these experts. We have all these laws coming from the Federal, State, telling us that recharge areas should be protected, and the feeling that I get is, that, well, the farmers will be upset about this, and what I guess I'm asking, I'm a bit naive about farmers here, that they would be unhappy, that they would not want to protect this area. Is it, because they're not knowledgable about these laws, that designate the sole source aquifer? They're not knowledgable about the spine (tape change) COUNCILMAN LIZEWSKI:~ I think the farmers are knowledgable of.what they have. I've met with the Farm Bureau, and a lot of the local farmers being on the Groundwater Committee, and being the head of it, and they are knowledgable about the spine. We have a local Groundwater Committee. We deal with the Suffolk County Water Authority, the Fire Departments. SUPERVISOR HARRIS: Councilman Lizewski, by the way, Johanna, is Chairman of the Groundwater Resources standing committee of the Town Board, so he's been meeting on a weekly basis with all these groups in reference to public water, and future water for Southold. COUNCILMAN LIZEWSKI: We quickly got in place this year the possibility of purchasing over 150 acres around Laurel Lake, which will preserve water for a long period of time, and we're worried about the water spine in Cutchogue. There's supposed to be a couple of loops, basically the way the Water Authority would like to do it, and preserve that water. We feel that there's a lot of things, that are already in place in our town. I mean if you come to these meetings of the areas, that we have put in place for affordable housing, you can see how you can cluster pieces of land, and preserve other pieces of land, and the Planning Board, fortunately for us, has people like Mark McDonald on it, who is very concerned about the water, and Bob Villa is on my committee. These people are very knowledgable. He was head of the Public Health Department, and-'really great to be aligned with, as far as preserving the water on the North Fork, and they have worked very hard. For instance, in the Laurel Lake area, a lot of the land, that is to be purchased has been kept on hold almost, until we can get this money from the County to purchase it, and the plans for the development along the spine will be handled, a lot of it, clustering, and things that can be done to it, so the farmer will not be hurt. The thing that I object to is mandating to this farmer, that he only has..if he has one hundred acre, he only twenty lots, five acre lots, okay? Years ago, and I came from a farm family, a farmer was told he had 100 acres, he had half acre lots. At that time he had fifty half acre lots. That's wonderful. We went to one acre lots, and the farmer says; gee whiz, I lost a lot of money. I could have had fifty half acre lots. Now I can only have one acre lots.. now I can only have one acre lots, 200 half acre lots, now I can only have one acres. Then we went to two acre zoning. Now I can only have 50 lots, so we decreased everything that he was always told, and he continued to fall, and he kept on losing, and losing, and losing. We want to preserve the farmland. We want to preserve the water spine, but to transfer development riqhts, and the way that things can be zoned out of it, not that he loses the val~Je to his five acre zoning. In other words, the five acre zoning I object to personally, because I think we can do him with two acre zoning, give him what is his due for that piece of land under present system, that we have, with transfer development rights, or clustering part of his land outside of that water spine, so he gets more development in that area, and leave that spine alone. But, 1 don't think that the full answer is to just take and zone that whole thing five acres, when we have a method of, maybe some of these farms, some of these farms are half in, and half out, so there are methods of doing this without jumping up, and saying, we have to give five acre zoning to this area. We want to preserve that area just as much as anybody does. It's just a method in which we intend to do it, and the fact that i don't want to devalue what these people have been told for the last thirty years. You know, they went from half acre, to one acre, to two acre. Now they're being told, wait a minute, we don't want you do even two acre. We want you to do five acre. We want the preservation of the land, but without taking away his value. Once again, which has been done to him for the beginning of time. This poor farmer, who everybody wants to keep here, has been beaten to death by everybody who wants what he has under his land, or everybody who wants to look at his land, and I think that his rights have a very important place in this town.. JOHANNA NORTHAM: Tom Wickham explained it at the work session, and what he explained to me this morning, to us, made sense, and it seems if there was a negative. . they felt no, no, they didn't want to go on. You wouldn't even propose, or consider Tom Wickham's proposal? We have all the tools, and the maping. COUNCILMAN LIZEWSKI: They 'have the maping, but they don't live here. SUPERVISOR HARRIS: Johanna, by the way, this resolution that we adopted tonight was written by Tom Wickham. He wrote this in conjunction with the Board, and this is his resolution 'n it's totality. Councilwoman Hussie would also like to address this. MARCH 2~, 1992 3 7'5 COUNCILWOMAN HUSSIE': Your question is, obviously, the disparity between the Long Island Planning Board's resolution, and the resolution that we did. While we do concur that the land has to be saved, and the water has to be protected, the spine, we did not think that we wanted to give that authority to somebody outside the town. We might wind up doing exactly the same th'lng, but we would like to have that prerogative be ours. JOHANNA NORTHAM: Then what you're saying to me is that even though the Federal law talked about designating sole source of aquafers, that the Long Island Regional Planning Board, who are really experts, maybe you'll look into their recommendation, but you feel that, as a Councilperson for Southold, that you should have final decision. COUNCILWOMAN HUSSIE: The decision should really be here, and it might eventually concur with both the Federal and the County. SUPERVISOR HARRIS: There is a legal aspect to this, also, at this time, and I think Harvey Arnoff, the Town Attorney, would like to address that. TOWN ATTORNEY ARNOFF: There's one thing, that troubled me, and we discussed it, and I don't know if you were present for the discussion today, but the Board is inclined, and I think that implicit in what this resolution was to imbide the determination, and recommendations of the Stewardpship Initiative, and we feel, and I think that the matter that's presented by this resolution, including the five acres, etc., will be matters that are discussed, and recommendations brought to this Board from this Initiative, and the Board will then be in a better position to make an informed decision. I think their decision here today is certainly well advised. I think it certainly comports with anything that we should be doing at-this time, especially since we have undertaken this really important task, and that's the Stewardship Initiative, which ygu know that Mr. Wickham has been very active. JOHANNA NORTHAM: I disagree with you. I feel we can't use the Stewardship Initiative as a ploy. TOWN ATTORNEY ARNOFF: I don't think that is what is happening. JOHANNA NORTHAM: Get a Task Force together, and there are issues, whether it's a Code change for stopping fast-food restaurants, or a dock being very important zoning laws to protect groundwater. We have the information. We have the expertise in front of us, but should say, well, we have a US/UK Study coming up, so let's wait. I feel that we have expertise. We have laws on the books, which probably would be enforceable, if we designate, and we could show them the spine, that should be protected. I'm really surprised that on that, we didn't jump on that, because being from Nassau County, and seeing what happened, this is no slap in anybody's face here, because of what happened with local Board is that they did reject the State, and Federal recommendations. SUPERVISOR HARRIS: I don't think, again, that this finalized. I don't think that this Board is moving in any direction, not to preserve the future water supply for this Town. There are a number of studies, that have been done, as you well know, the 208 Study, the '86 update from that. There have been well water studies probably done on this island, and probably anywhere else in the country, and I don't think anybody knows water as well as these people, who have condoned these studies, or have been involved in these studies, including Lee Koppleman, who heads the Long Island Regional Planning Board, who we work very closely with. We are trying to work in an area right now, in the hamlet studies. The reason why we're conducting hamlet studies in reference to the planners, that came over here from the United Kingdom, in conjunction with the United States, the reason why we're having hamlet studies is to find out exactly what the residents in each of those hamlets think or realize is needed for the future planning for $outhold. Much of that is precedent upon public water, or water as a whole. I think anybody that you would talk to would tell you that the amount of water, the quality of water, has never been a concern in Southold Town. There's more water here than we'll need for many, many, I'll say, centuries to come. It's the quality, not the quantity of water, is what we're trying to preserve, and that quality is why we had these two areas designated. As Dr. Lizewski mentioned, Bob Villa, and others, were very instrumental in getting that designation in Southold Town, which provided funding under the quarter percent sales tax to purchase properties within those spine designated footprints for their preservation. But in absence this year of the '92 monies, because the Legislature, and the County Executive Pat Halpin, the former County Executive, did away with funding for the municipalities unc~er the quarter percent sales tax monies for the year 1992. We have been left in a position now, where we're going to have to move to try to preserve these areas n other ways, inventive ways, such as the Pecomc Land Trust, who as Joe mentioned earlier, has been involved now with'157 acres around Laurel Lake towards the total preservation, working with developers up there, so they can preserve as much of the area as is needed for public water supply. There have been many studies done. The Suffolk County Water Authority probably has the best mapping of our water in Southold, anywhere available with their computeriza- tion that exists, and their areas that they need for public water for the future and predesignated sites, that they're going to need for public water, well fields, that they'll need, and with those areas we recognize that part of the water study, that we're doing right now, is to basically tell the Water Authority, and put a policy in place, which Joe's committee is working on, exactly how much of this 3,000 acres is needed to be preserved. [ think anybody will recognize that you don't have preserve all 3,000 acres. What we have to preserve is a portion of that area. That is probably the most sensitive area, the one that has the deepest area as far as the water goes, with the dome for public water supply for the future to run into areas that are marginal rir3ht now. This Board has been committed to that every since it's inception, as have other Boards have in the past, so I don~t want you to ever think that this Town is ever moving in a direction away from the future water supplies, and SPGA's. This Board has worked very hard to maintain those, and to get funding for purchases, but because of the economic times, we have to be sure that if the preasure is turned on, again, once the soft market disappears, that this Town's prepared for the influx, and the residences that could come, and in order to prepare for that we have to have to have public water supplies, and those public water supplies, especially we're talking about affordable housing within a half mile of the hamlet centers, such~as the Master Plan right now requires. These well fields are going to have to be in these SPGA's, either owned by the Water Authority, or owned by other individuals, maybe owned by the Town of Southold, but how much has not been determined, and we don't want to put the cart before the horse, and say that everything in these area needs to be totally preserved, because that may not be true, and I don't think there are enough experts out there, that can say, yes, this is how much water you're going to need, because nobody does have that answer right now. We're looking for those answers, and that's why we're moving slowly in this direction, b~t by no means are we precluding that SPGA's aren't a valuable._ tool for the future of Southold, because they definitely are, and we're doing all we can to enhance those areas to protect them through many ways such as you heard this morning in the Work Session, through ways that you heard Joe mention, such as transfer development rights, which is not in place in this town, but which may be a good tool, the cluster concept would certainly recognizes now, that clustering right now, any area over ten acres in mandatory in the town, and if we're going to cluster, let's cluster the areas around that spine, if the properties are in there, and we'll put the density outside of the spine area. Those are the ways, that we're talking about working, and still preserving the equity, and the rights of the people who made this town great for 352 years, and that's the agricultural community, and the same time these people we hope will continue to farm, and we hope that they'll never sell their land, and they'll continue to provide agriculture in the open space that's needed for this township, and we're working in many areas, as Joe is right now, with Arthur Kuntz, and so on, to make sure that that happens, and it continues to be a reality, such as the Stewardship Exchange Committee. The final document, that was presented in July has recognized, also. There were eight individuals, that came over, and said the beauty of Southold is your open space, and your farmlands, that are inbetween your hamlets, and your number one priority should be to try to protect that at all costs, and that's certainly the area we're moving on, and that's why these hamlet meetings are so important, because we want the public imput. Once we gather this information, then we'll intelligently be able to move in the areas, that we consider to be priority from the people who we represent. Are there any other members that would like to make a comment? In the back, yes? JOHN DOHT: My name is ~lohn Doht. I'm a resident of Southold Village, and I just would like clarification, Scott, if you would, Resolution =197-1 believe it's $12,500.00 for software for the Tax Receiver's Department. Can you tell me at present, you're on the manual system? SUPERVISOR HARRIS: Presently, it's totally manual. Yes. JOHN DOHT: And when you entertain putting in this software system, would you be reducing staff? 377 MARCH 24, 1992 SUPERVISOR HARRIS: I would say that in the future there's a good likelihood that staff could be reduced with this computerization. Yes. JOHN DOHT: I assume that probably in preparation of bills, because it's always a last minute thing, that there's a lot of overtime that probably occurs. SUPERVISOR HARRIS: There's not much overtime, but there are a number of individua s that are on a seasonal basis, that work in that office, and what we're trying to do is bring up sort of a system, that has a lot of manual work involved in it right now, including receipting, and so on, were it will all be done by computer, to help speed up the time that's necessary, and we recognize, that there will be people within that department that may be retiring in the future. There's a good chance that with this computer software, we won't need to replace those people because it will basically make up the need for additional personnel to get the receipts out, to make sure the people are here for the hours needed, when everybody has to have them in by the 31st of May, and I don't know, Judy, do you want to add to that? TOWN CLERK TERRY: We'd be eliminating the process with the State, and printing our own tax bills in house. All our tax bills, and all our tax rolls will be printed here. SUPERVISOR HARRIS: There are a lot of additional benefits. Right now the Town of Southold has to travel to Newburg, for instance, to pick up the tax bills, because we were on a State system, that printed the tax bills for us. Next year, we're going to print those bills in house in a mailer actually, and it will totally be generated here, and mailed out of here, which will save this Town about $6,000 to $7,000 a year, which is what we pay now to the State of New York to have this process done for us. This way we'll keep it in house. Are there any other members? JUSTICE EDWARDS: I just want to add:a few more comments. It's nice to be back after three months. I will say, I had a very enjoyable trip. The month that I spent in Australia was educational. I went to Town Board meetinq in the Sire of Marong outside of Bendiqo for three different meetinqs. Got -to know the Town Board, and the Chief Exe~:utive Officer, and the Mayo~, very well. Spent three evenings with Rotary down there. I have some good comments for Rotary here in Southold. I also spent a couple days at two different landfill operations down there. They have the same problems, that we have here. They don't have the groundwater problem, because they've got plenty of water in Southern Australia, but all and all, it was a great trip, and l'm very glad to be home, and the work has piled up for me, and I'm digging in. Thank you. SUPERVISOR HARRIS: Welcome back. In closing, I'd just like to explain to the audience where we are in reference to the landfill suit that the three towns of East Hampton, Riverhead, and Southold started in December of 1990. Right now we continue to landfill under the Court's protection. As you know, March 17th, St. Patrick's Day, we were supposed to go to court, which was decreed by the Appellate Court, a trial, -which would test the scientific basis, as well as the constitutionality of the Long Island Landfill Law as it applies to the East End towns, and what has transpired, and why we're not in Court yet, or have a tri~l underway, is sort of a lengthy process, but I'll try to put it in a Readers Digest form if possible. About two weeks ago, on I think it was on a Wednesday, the State of New York came into the Supreme Court of Suffolk County, and asked that through a process know as a subt:oena process, that Commissioner Johrling, and others, who head the DEC should not be permitted to testify in this trial, and we said, we're following the Court's decision, based on Judge Mary Warner's court degree, which said basically, we're doing away with discovery which is a pretrial process, and we're going to give you subpoena power to give you wherever you want to on the witness stand, so following that procedure the State came in, filed papers, to tried to what's called I think the word is, quash, I guess the title is this subpoena . So we had to file papers, of course, showing why the Commissioner should come down here and testify, because he's a key individual in our trial. The State did not like the Supreme Court's decision, that, yes, he was going to be on the witness stand testifying, so the next day they took us to the Appellate Court in Brooklyn, and our legal firm, of Smith, Finklestein, and Isler, who are representing us, had to go into Brooklyn the next day, and show papers why we should have them again on the witness stand, and the Appellate Court at the same time, said we'll make the decision, but we'll still want the trial to proceed. So, with that, we cross-appealed, and said, Your Honors, the reason why it's important 37!!8 MARCH 24, 1992 that you stay the trial is because this man is key to our testimony, and if you don't render a decision, we think the trial should be stayed, which means put in abeyance, and a day before the trial was to begin, the Appellate Court affirmed the Towns of Southold, Riverhead, and East Hampton. I'm saying, yes, you're absolutely right, you should stay this trial, because this is a matter that we still have to go over with some great scrutiny, and we want you to have oral argument in front of us on April 8th to show exactly why this individual should not be exempted from testifying in this trial. So, that is the step we're in right now. We expect that after that oral argument is made in Brooklyn, we don't know what the time frame will be for the Appellate Division to render a decision, and after that we'll have to start the process all over again, set the subpoenas again, and wait for a trial again, and make sure all the schedulin9 is convenient with everyone in accordance, so we're sort of on a holding pattern once, again, but still legally landfilling, and to date the three towns of East Hampton, Riverhead, and Southold, while we continue to try to work with the DEC towards a resolve, and it doesn't stop us from working with them, because we have been. We've saved over $9,000,000.00 to date of taxpayers' money to remove solid waste from our landfills, so we hope that scientifically, as we move through the courts, that we'll be able to prove our case, and we have some very good key witnesses, expert witnesses, on our behalf, that will be testifying in trying to protect the economy, and obviously the tax bases of these respective towns, and we'll just see what transpires as time goes on, but I just wanted you to know where we were, because I know ma'ny people don't understand the legal process. I think I'm going to write a book after this about the trials and tribulations of landfilling on Eastern Long Island, but besides from that, I wish everyone a nice evening, and I entertain a motion to adjourn. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting 'be and hereby is adjourned at 8:38 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. ,~ ' Judith T. Terry //~ Southold Town ClerR'