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HomeMy WebLinkAboutTB-05/05/1992410 SOUTHOLD TOWN BOARD MAY 5, 1992 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV (2:00 P.M.), Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski.. Absent: Councilwoman Alice J. Hussie (visiting Southwold, England). Also present: Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Superintendent of Highways I~aymond L. Jacobs, Town Clerk Judith T. Terry. 9:45 A.M. - Jody Morcjan, Executive Director, North Fork Women's Resource Center, met with the Town Board to introduce 'herself, and to explain that the NFWRC was founded to help women on the North Fork-overcome their feelings-0f~i~ola'tion and - gain a better understanding of their strengths and weaknesses as an individual, parent, or spouse. The NFWRC uses a network of professional.s from the community and makes them accessible to the local population through a series of seminars and lectures, as well as offering a resource/lending lil~rary and a referral service. -They provide a forum in which participating individuals will be able to meet regularly, build new friendships, support systems, and learn life changing strategies that might otherwise have not been established. 10:00 A.M. - Palma Costello, co-president of the Southold School chapter of SADD (Students Against Drunk Driving), Greg DePetris, and Rachel Eisenberg, iunior class representatives, met with the Town Board to explain their goals. Ms. Costello explained that students sign a contract for life when they join SAOD, and agree to call their parents at any hour for transportation or advice, and the parent~ agree to pick them up, no question asked, or pay for a taxi with no arguments at the time. The students were invited to attend the upcoming Substance Abuse and Youth Board meetings. Also present during this presentation was: Jean Cochran, Chairman of the Substance Abuse Committee, Police Lieutenant Conway, and Police Officer Henry Santacroce, Jr., DARE Officer and member of the Juvenile Aide Bureau. 10:15 A.M. Senior Planner Valerie Scopaz met with the Town Board to fill them in on the history of the Special Groundwater Protection Areas Advisory Council, created by the Long Island Regional Planning Board. In addition to Ms. Scopaz, former Councilwoman Oliva has been attending the meetings of the council since the inception, as well as Robert Villa, currently a Board of Appeals member, who attended through his position with the Suffolk County Department of Health. Mrs. Oliva is a voting member. Ms. Scopaz advised the Board that the other East End towns also are represented by their planners.--The Board complimented Ms. Scopaz on her representation of the Town of Southold on the advisory council. 10:50 A.M. Insurance Consultant William F. Mullen, Jr. met with the Town Board to review their recreation instructor agreements, and the necessity for obtaining insurance coverage for such events as the Beatlemania Concert, and golf lessons at Island's End Golf & Country Club. 11:25 A.M. For Discussion Items: (1) Appointment of, Robert G. Kassner to fill vacancy on Landmark Preservation Commission (see resolution no. 22). (2) Proposed new Building Department form rejected by Town Board. (3) Resolution endorsing a pilot plan by the Suffolk County Water authority (see resolution no. 23). (4) Set public hearing for a proposed "Local Law in Relation to Shellfish and Eels" (see resolution no. 24). (5) Superintendent of Highways Jacobs discussed with the Town Board the need to go to bid to grind the accumulated debris from Hurricane Bob that still remains at the landfill (see resolution no. 28 authorizing Town Clerk to advertise for bids). (6) Discussion concerning Special Groundwater MAY 5, 1992 41'1 Protection Area Advisory Council - was held at 10:15 A.M. with Senior Planner Valerie Scopaz. (7) The Board reviewed the repairs that are needed at the tenni~ courts on Fishers Island that the Town is leasing from the school district. Superintendent of Highways Jacobs will obtain estimates for repair of the .courts and replacement of the fence. (8) To.wn Board decided.to make the Pro-Arrest Policy a part of the Police Rules and Regulations in the Southold Town Code (see resolution no. 25). (9) Acquisition of Development Rights in the Agricultural Lands of Madeline L. and Vernon F. Moelius (see resolutions 26 and 27). (10) Unable to find a temporary stenographer for the Board of A~sessment Review proceedings, Board members will look for a qualified individual. (11) Three proposed Local Laws were submitted by Councilman Lizewski: "A Local Law in Relation to Building Permits", "A Local Law in Relation to Applications for Building Permits", and "A Local Law in Relation to Site Plan Approval". These proposed laws will be referred to the Legislative Committee. (12) Request from Muriel Wilson requesting a street light between Factory Avenue and Old Main Road, Mattituck. Superintendent of Highways will investigate the need for the light. (13) Accepting~a parcel of open space at "The Woods at Cutchogue" is still under review by the Town Attorney. 12:50 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened and the Boar0 reviewed the proposed resolutions to be voted upon at the 4:00 P.M. regular meeting. EXECUTIVE SESSION 2:40 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, Cou~cilman Lizewski. (Councilman Wickham arrived at 3:00 P.M.) Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk-'Terry,---:The~--~oa~'d"--discussed possible purchase of property, litigation, and personnel. 3:50 P.M. -Work Session adjourned. - REGULAR MEETING A Regular Meeting of the Southold Town Board was held Tuesday, May 5, 1992, at the Southold Town Hall, Main Road, Southold, NeTM York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Fla9. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Alice J. Hussie (out of country) SUPERVISOR HARRIS: We need a motion to approve the audit of the bills of May 5, 1992. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the following audited bills be and hereby ordered paid; General Fund Whole Town bills in the amount of $101..996.49; General Fund Part Town bills in the amount of $117,939.96; Nutrition Fund bills in the amount of $2,435.59; SNAP Program bills in the amount of $2,321.13; Community Development Fund bills in the amount of $8,693.00; Highway Fund Whole Town bills in the amount of $43,738.48; Highway Fund Part Town bills in the amount of $20,324.65; Agricultural Land Development Rights bills in the amount of $1_,350.00;. Hydrogeolic_Landfill Study. bills in the amount of $484.50; Payloader Capital Account bills in the amount of $52,000.00; Employee Health Benefit Plan bills in the amount of $14,518.48; Fishers Island Ferry District bills in the amount of $9,537.47; Southold Wastewater District bills in the amount of $52.00; Fishers Island Sewer District bills in the amount of $205.49; Southold Agency & Trust bills in the amount of $6,593.10; Fishers Island Ferry District Agency & Trust bills in the amount of $46.49. Vote of the Town Board: Ayes: 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 April 21, 1992, Southold Town Board meeting. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the minutes of the Town Board meetin9 of April 21, 1992, be and hereby approved. Vote of the Town Board: Ayes: 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 May 20th. That's a Wednesday, instead of a Tuesday, 1992, 7:30 P.M. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the next regular meetin9 of the Southold Town Board will be held at 7:30 P.M., Wednesday May 20, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penn'/, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. County of 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. II. PUBLIC Annual Financial Report Update Document for the Town of Southold, Suffolk, for fiscal year ended 1991. Fishers Island Ferry District Annual Financial Report for 1991. Supervisor's Budget Report for year ended December 31, 1991. Supervisor's Budget Report for month ending January 31, 1992. Supervisor's Budget Report for month ending February 29, 1992. Supervisor's Budget Report for month ending March 31, 1992. Empire Plan Town's claims experience Report for 1991. Southold Town Dog Shelter Monthly Report for April, 1992 Southold Town Building Department Monthly Report for April, 1992 Southold Town Clerk's Monthly Report for April, 1992. Justice Edwards' Court Monthly Court Report for April, 1992. Justice Tedeschi's Southold Town Court Report for April, 1992. Councilmen's Reports. Supervisor's Report. NOTICES. 1. State of New York Department of Environmental Conservation Notice of Public Hearincj and Notice of Complete Application of proposal of Linda Wilton to construct a 28' by 40' one-family dwelling and bluestone driveway, which involves placin9 350 cubic yards of fill in approximately 5,500 square feet of freshwater wetland on Queen Street, Greenport, approximately 50 feet south of County Road 48. Public hearing June 4, 1992, 9:30 A.M., Southold Town Hall, Main Road, Southold. Written comments and filin9 for party status to participate must be received by June 2, 1992. 2. Notice by US Army Corps of Army Engineers, New York District reauthorization of the Nationwide Permit Regular:ions for the State of New York. 3. Notice of Public Hearin9 by The New York State Assembly for the purpose of consolidating emergencY services in New York on the State and local levels. MAY 5, 1992 413 III. COMMUNICATIONS 1. Sherry Johnson, Procjram Director of the North Fork Environmental Council thanking the members of the Town Board for discussing and acting upon the East End Jetport issue at the Board meeting held on April 21, 1992. IV. PUBLIC HEARING. I. 4:30 P.M. "Local Law in Relation to Water Skiing". V. -RESOLUTIONS. SUPERVISOR HARRIS: At this time, I'd like to welcome everyone, and are there any members of the audience, that would like to speak to this Board in reference to any resolutions, that we'll be enacting in the next few minutes. Yes? LINDA LEVY: My name is Linda Levy. I'm the Southold coordinator for the North Fork Enviromental Council, and on behalf of the Environmental Council I would like to speak to you about Resolution #23, .a' pilot study by the Suffolk County Water Authority. We would like you to know that North Fork Environmental Council believes strongly that safe, readily available drinking water is a right of all citizens. We also feel that bringing public water into Southold should occur in conjunction with planning. The future of Southold is depended on proper planning, and careful assessment of the needs of the town as a whole. We are therefore concerned that the pilot project being discussed is not requested with a consistent planned division for the future of the town, and in contrary it seems that the event of public water on Peconic Bay Boulevard is more a matter of ease and convenience for the Suffolk County Water Authority, than a response, and prudent need for this project in this particular location. Pilot programs such as the one proposed on Peconic Bay Boulevard could amount to virtual spot zoning, if zoning issues are not fixed. The availability of public water has historically lead to higher density zoning, unless strong measures are taken to prevent this. Under the current proposal the only business end to new ~tevelopment apply to construction on lots that did not comply to Article 6. The issue of higher density zoning being permitted is previously Iow density areas, due to the new availability of public water has not been addressed. There are, in fact, several pending developments along Peconic Bay Boulevard itself, in which permitted density will be directly affected by this supply of water, The hamlet centers, including specifically Mattituck, would be more logical choices for public water projects. These are the areas where current density that is such that a need exists for public water, and they are also the areas where the town initiated higher density might require this service. Public water can, and should be a benefit to any town. Southold is in a unique situation of being able to make public water available to it's residents, and plan a systematic management. Our town could be become an example of the way rural communities could bring in needed public services throUgh out the community. Lastly we are aware that the Suffolk County Water Authority has a very complete state of the art map of Southold, and we think that this also could be a very useful tool in incorporating public water systems, as 'well as other issues into our long range planning. SUPERVISOR HARRIS: Are there any other members of the audience, that would like to speak? Come forward please, and state your name. DOROTHY NINTZEL: My name is Dorothy Nintzel,and I live on Peconic Bay Boulevard, where-~thi~ so called pilot study would be in, and I, too, wonder why Peconic Bay Boulevard is picked for it, unless it's just for the convenience. I feel as if bringin9 public water there will end up downzoning property. Nobody seems to say anythin9 about that, and that's a worry, as to what will happen when we get public water everywhere. 1, also, think~that the cost is high, because in Connecticut we pay for public water, and is much less than what the Suffolk County Water Authority is, and I just feel that all these things happening are going to make this end of the island just like the rest of the island, if we don't put skids on it we'll be sorry, because it will be too late. SUPERVISOR HARRIS: Is there any other member of the audience, that would like to speak on any resolution, that we'll be enacting in the next few minutes? (No response.) We'll start on the first resolution. 1.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Site Plan Reviewer Robert Kassner to attend a meeting of representatives of the five East End towns, and Suffolk County representatives with regard to the implementation of the "Fast Track" program, on Monday, May 4, 1992, at 9:00 A.M., at the Dennison Building, Hauppauge, and [:he use of the Town vehecle for travel is also approved. 1.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to thank MrS-Ka-~sr~r for a'{~nfling on ~' behalf. 2.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to the Raymond Cleaves Post 861, American Legion, Mattituck, to use the following Town Roads for the Memorial Day Parade to be held on Monday, May 25, 1992, beginning at 9:30 A.M., provided they secure and file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as_ an additional insured: Wickham Avenue, Pike Street, Marys Road, Maple Lane, Westphalia Road, Sound Avenue, and Pacific Street. 2.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $5,000.00 passbook in the name of Brewer Yacht Yard, Inc., being held as a performance bond under their Soil Removal Permit to indemnify the Town for any damage to that portion of Manhanset Avenue, Greenport, where trucks were crossing from Brewer's property to St. Agnes Church property for transfer of the excavated material; said passbook release is all in accordance with inspections conducted by Superintendent of Highways Jacobs and Principal Building Inspector Lessard, who advise all work has been completed to their satisfaction. 3.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-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 the Final Application for Federal Assistance for the proposed Airfield Lighting Construction project at Elizabeth Field, Fishers Island, all in accordance with the recommendation and approval of Calocerinos & Spina, Engineers, P.C., the Town's engineers for the project. 4.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris': This resolution was declared duly ADOPTED. 5.-Moved Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 budget modification to the General Fund - Whole Town 1992 Budget to appropriate Park & Recreation funds for a new iawnmower: To: Revenues: A2025 Special Recreation Facilities $ 3,851.00 Appropriations: A7110.2 Parks, Equipment $ 3,851.00 5.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, 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 the following budget modification to the General Fund - Whole Town 1992 Budget for additional appropriation for shredder purchase: To: A142D.2 Town Attorney, Equipment $ 895.00 From: A142D.4 Town Attorney, Contractual Expenses $ 895.00 6.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolutio~ was declared duly ADOPTED. MAY 5, 1992 4 15 7.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 budget modification to General Fund - Whole Town 1992 Budget to provide additional approriation for police radio equipment for the Laurel (LILCO) tower: To: A1620.2 Buildings & Grounds, Equipment $ 4,081.00 From: A1910.4 Insurance, Contractual Expenses $ 4,081.00 7.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the application of Bruce M. Vitale for renewal of his single family watchman house trailer permit, for trailer located at 7280 Sound Avenue, Mattituck, which permit expires on May 22, 1992, be and hereby is 9ranted for a six (6) month period. 8.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southotd hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budget to appropriate the planning and zoning grant received from the J.M. Kaplan Fund: Revenues: A2705 Gifts & Donations $ 25,000.00 Appropriations: A1010.4 Town Board, Contractual Expenses $ 25,000.00 9.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly.ADOPTED. 0.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $150.00 as a deposit for use of the American Legion Hall in Greenport for the August 1, 1992 Beatlemania concert; said charge to be made to A7320.4, Joint Youth, Contractual Expenses; check made payable to American Legion Post 185.. 10.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham; Councilman Penny, JustiCe Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $470.00 (94 seniors at $5.00 each) for the June 15, 1992 senior citizen trip to Ellis island; check made payable to Circle Line Statue of Liberty Ferry, Inc., charge to be made to A7620.4, Adult Recreation. 11.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to five-(5) members of the Land Preservation Committee to attend a special informational meetin9 at Palmer Vineyards, Riverhead, on Tuesday, May 5, 1992, sponsored by the Peconic Land Trust, to discuss methods of stretchin9 the land preservation funds available in New York State; and the $15.00 charge per indivi- dual, which includes lunch, shall be a legal charge to the 1992 Budget. 12.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We have a proclamation this evening for the National Salvation Army Week, and we're proclaiming May 11th through the 17th as National Salvation Army Week, so we want to include this proclamation, which has been presented to the Salvation Army in recognition of their need to basic human necessities to millions of'people for over 125 years. 13.-Moved by Supervisor Harris, seconded by Councilman Penny, WHEREAS, THE SALVATION ARMY has been providing spiritual guidance and basic human necessities to millions of people for over 125 years; and WHEREAS, a love of God and a deep desire to-help other~ ~is the-.motivation behind the men and women of THE SALVATION ARMY; and WHEREAS, their work helps others to live meaningful and enjoyable lives, and also stands as a symbol of compassion for all the world to see; and WHEREAS, THE SALVATION ARMY extends its loving hand to all people in need without regard for race, color, or national origin; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby proclaims the period of MAY 11-17, 1992 as NATIONAL SALVATION ARMY WEEK in the Town of Sothhold and urge all citizens to join with the Town Board in honoring the.- dedicated men and women of THE SALVATION ARMY who faithfully touch so many lives in our community. Dated: May 11, 1992. 13.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This-resolution was declared duly ADOPTED. 14.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, surveys have determined that maintenance dredging is indicated in the entrance channel to Silver Eel Cove, Fishers Island, in order to ensure an adequate channel depth for ferry vessels entering and leaving the cove, and the engineering of the project has been completed, necessary permits received, and bid (including contract) documents prepared; now, therefore, be'it RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to the Board of Commissioners of the Fishers Island Ferry District to advertise for bids to accomplish the maintenance dredging project in the entrance to Silver Eel Cove, Fishers Island. 14.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Justice Edwards, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the Final Application for Federal Assistance for the proposed Runway 12-30 Rehab (Design) project at Elizabeth Field, Fishers Island, all in accordance with the recommendation and approval of Calocerinos & Spina, Engineers P.C., the Town's engineers for the project. 15.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of $outhold hereby cjrants permission to five (5) members of the Solid Waste Management Task Force to travel to Albany, New York, on Tuesday, May 19, 1992, to meet with Assemblyman Hinchey, and the actual expenses for meals and travel, using a Town vehicle, shall be a legal charge to the 1992 Budget. 16.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. COUNCILMAN PENNY: I'd like to compliment Councilman Hussie, who is away on a trip to England right now, for this initiative, and I wish the Task Force a lot of luck in this endeavor. 17.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, SRA, on behalf of the Land Preservation Committee, at a fee of $800.00, to conduct an appraisal of the property of John A. Sepenoski, at Old North Road, Southotd, Tax Map No. 1000-3-24.1, 51.1 acres. 17.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. MAY 5, 1992 417 18.-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 to the General Fund - Whole Town 1992 Budqet to appropriate Park & Recreation funds for the Mattituck Boat Ramp stone blend, electrical wire, and gravel: To: Revenues: A2025 Special Recreation FaciliUes $ 5,436.38 Appropriations: Z7110.2 Parks, Equipment $ 5,436.38 SUPERVISOR HARRISi Before we take the vote, I'd like to just say that the Mattituck Boat Ramp is finally in the completion stages, and very shc. rtly the Town of Southold, the Town Board, we Will be having a ribbon cutting ceremony to officially open the Mattituck Boat Ramp, which is located on County Road 48 in Mattituck at the head of Mattituck Inlet. 18.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, . Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southodl hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budcjet to appropriate Park & Recreation funds for Norman E. Klipp Marine Park CCA timbers: To: ~--~ven ues: A2025 Special Recreation Facilities $ 588.57 '- Appropriations: A7110.2 Parks, Equipment $ 588.57 19.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Again, if any of you get an opportunity to go down to Gull Pond, which is Norman Klipp Park, please take a look at that facility. We expended a great deal of funds, and of course work in this area to improve recreation facilities in the town, and please, note that former Supervisor Norman Klipp's memorial. There's a stone with a plaque, and they've done a very nice job of presenting this area in recognition of the time that this man served the Town of Southold. 20.-Moved by Councilman Penny, seconded by JUstice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby assesses James Gray $170.00 in additional SEQR reimbursement costs for the further scoping session to clarify the scope of the Environmental Impact Statement for the James Gray change of zone petition. 20.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. Thiis resolution was declared duly ADOPTED. 21 .-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the.Town of Southold hereby authorizes the follwoincj bUdget modification to the General Fund - Whole Town 1992 13udc, let to appropriate additional grant received from the Nassau-Suffolk Alzheimer's Association (received first $500 grant in March): Revenues: A2705 Gifts & Donations $ 500.00 Appropriations: A6772.1 Programs for the Aging, Personal Services $ 500.00 21.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: In addition I'd like to, once again, thank Vi McKeighan who is our Director of Human Resources in the Town of Southold, for the work that she has done with the Alzheimer's Clinic, and her continuing effort on this behalf for the residents is greatly appreciated. 22.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert G. Kassner a member of the Southold Town Landmark Preservation Commission, effective immediately through April 5, 1994; he to serve in said position without compensation. 22.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, the Town of Southold is responsible for the health, safety and welfare of its citizens; now, therefore, be it RESOLVED that the Town Board of the Town ~f--$~uthold he~'e'by endo~§~ a s'tt~dy of a pilot plan by the Suffolk County Water Authority to provide public water to the people in the area from the vicinity of the Riverhead Town Boundary, South of the Long Island Rail Road, up to the vicinity of Bay Avenue in the Mattituck area, subject to the Town Board reviewing and approving the survey before it is released; and BE IT FURTHER RESOLVED that the Town Board endorses an initial study by. the Suffolk County Water Authority of water needs to serve Cutchogue and New Suffolk. 23.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Supervisor Harris, seconded by Justice Edwards, 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 Shellfish and Eels"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Wednesday, May 23, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearincl, on the aforesaid proposed Local Law which reads as follows: A Local Law in Relation to Shellfish and Eels BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 77 (Shellfish) of the Code of the Town of Southotd is hereby amended to read as follows: 1. Article II (T-a-k-i~g--o~-S~e~l~s-h-)is hereby amended and shall be known as (Takinc~ of Shellfish and Eels). 2. Section 77-201 (Definitions) is hereby amended by adding thereto the following: Eels: The american eel. 3. Section 77-208.1 Eels. is hereby adopted to read as follows: A. Commericial Purposes: No more than 50 eel pots or traps per permitted in Town waters. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary resident: No more than 5 eel pots in Town waters. All pots must be identified with the shellfish permit number. II. This Local Law shall take effect upon its filing the Secretary of State. 24.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duty ADOPTED. MAY 5, 1992 419 25.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED by the Town Board of the Town of Southold that the Pro-Arrest Policy of the Town of Southold, adopted on March 12, 1991, and which reads as follows, shall be included in Chapter A107 of the Code of the Town of Southold, entitled "Police Department Rules and Reo~uiations, under a new Section A107-35A: PRO-ARREST POLICY TOWN OF SOUTHOLD PURPOSE: The purpose of this document is to set forth a policy which clearly delimits the actions to be undertaken by police agencies and which call for the immediate arrest of persons suspected of committing a violent offense against a member of the same family/household. DEFINITIONS_' COMPLAINANT: For purposes of implementation of this policy a complainant shall be defined as any of the following: spouse, parent, child or any member of a household, persons not married but livin9 together in an intimate relationship. persons not married but formerly livin9 together, same sex couples and intimate dating partners.. FAMILY OFFENSE: A family offense shall be defined as any act which may constitute or be defined as disorderly conduct, harassment, menacing, reckless endangerment, assault (any degree), attempted assault between spouses, between parent and child or between members of the same family or household ail of such conduct as,. defined under the .Penal Law of the State of New York. For the purposes /.,/of this definition, disorderly conduct includes acts amounting to disorder/I,y conduct not committed in a public place. FAMILY/HOUSEHOLD:~ Persons legally married to one another, persons related by blood or marriage, or persons formerly married to one another, persons havin9 a child in common regardless of whether they-h-~-ge ~oe'6-n m~rriA-d 6P"-live-d-tb~eth~P ~t .... any time. ORDER OF PROTECTION: An Order of Protection shall be defined as an order issued by a local Criminal Court, a Family Court. District Court or Supreme Court requiring compliance with specific conditi'ons of behavior, hours' of visitation and any other condition deemed appropriate by the court issuing said document. Any violation of an Order of Protection will subject the violator to immediate arrest. PROBABLE CAUSE: A combination of facts, viewed through the eyes of a police officer which would lead a person of reasonable caution to believe that a family offense is being committed or has been committed. Probable cause means the same thing as "reasonable cause to believe', and "reasonable grounds to believe". PROCEDURE 1. Where a police officer responds to the scene of a domestic disturbance but lacks reasonable cause to make an arrest, and where no civilian arrest is bein9 made. the officer shall remain at the scene until the officer is satisfied that any immediate danoer of violence has passed and the officer has exhausted all appropriate options to protect and assist the victim or any potential victim. 2. Whenever a police officer responds to a report of a domestic disturbance, whether an arrest is made or not. the officer shail fill out a "Domestic Disturbance Report" - PDTS-130 in addition to filling out a field report. 3. Whenever a police officer responds to a report of a domestic disturbance, whether an arrest is_ made or not. the officer shall obtain the name. date of birth and address of'an.y children less than eighteen (18) years of age who are the issue of a victim or suspect ~vhether they reside on the premises or not. Where there is reasonable cause to suspect that any child mentioned in said report may be the victim of child abuse, neglect or any other maltreatment, the Southold Town Police Department Juvenile Aid Officer shall be notified immediately. 420 MAY 5, ,992 ~,. Offenses committed by people in the following relationships shall be covered by this order as to when and how arrests are made, but are not family offenses and therefore can only be adjudicated in Criminal Court: A. Persons who are not I'egally married, but who live together in a family relationship. B. Persons who are not legally married, but formally lived together in a family relationship. 5. At the scene of a domestic disturbance where an offense has occurred, before proceeding with any action concerning a family offense, the complainant must be advised of the court options open to them and the right to make a civilian arrest. In all cases where a physical arrest is made, the defendant will be taken to Southold Town Justice Court. If the complainant chooses the Family Court forum the Justice Court must be advised by the complainant within 72 hours. In situations where the offenses are not family offenses, the only court option available is Criminal Court. A. A police officer who responds to a domestic disturbance and finds that there is evidence of a family offense or offense between members of a household and said offense is a crime, the officer shall not attempt to reconcile the parties or mediate but shall arrest the offender even if the victim requests otherwise. B. A police officer responds to domestic disturbance and finds that a family offense or offense between members of a household has been committed in the officers presence shal arrest the offender. When the violation has not been committed in the officers presence he shall inform the victim out of the presence of the suspect (whenever possiblel of the viq.t_i_m__s._right to_ make..i~_~civlil.i~.n_ arrest._. pursuant to Section 140.30 of the Criminal Procedure Law. If the victim requests a civilian arrest, the officer shall effect and process the arrest. C. When an arrest is made, whether a summary arrest due to necessity or civilian arrest, regardless of the forum chosen, Criminal or Family Court, the defendant will be charged criminally in Justice Court. Once an arrest is made, the complainant has 72 hours from the filing of the complaint with the court to change courts. ORDERS OF PROTECTION 7. A. The presentation of a Family, Crimina, or Supreme Court Order of- Protection to a member of the police force by the petitioner, or knowledge that such an Order exists, constitutes authority to take the person named therein (the respondent) into custody for an alleged violation of the terms, f probable cause exists that the respondent violated the terms of the Order of Protection an arrest must be made. There will be no attempts ko reconcile or mediate the situation. B. When a respondent is taken into custody for a violation of an Order of Protection, he will be charged with that violation, (i.e. Violation Order of Protection, Family Court-V.O.P.F. OR Violation Order of Protection, Criminal Court-V.O.P.C.) Respondent may also be charged with independent offenses, as appropriate. Upon his taking the respondent into custody, the arresting officer will attempt to have the petitioner sign a civilian arrest form. The petitioner's signature documents their understanding of the responsibilities and consequences of an arrest. If the petitioner is incaoable or refuses to sign a civilian arrest form, and probable cause exists that the respondent violated the Order of Protection, an arrest must nevertheless be made. C. In a situation where the respondent is not at the scene, (although a respondent may be taken into custody at any place, not only at the scene of the alleged violation), the police officer wil advise the petitioner of the following options, depending bn which Order of Protection applies: Family Court Order of Protection: The petitioner can respond to the Probation Department Intake Unit and file a petition, charging a Violation of Order of Protection, or may proceed pursuant to (2). MAY 5, 1992 421 Criminal Court Order of Protection: The petitioners can respond to police headquarters and file a complaint (CR. Contempt 2nd) in accordance with existin9 laws and procedures. The foregoing is subject to warrant requirement. (Payton v. N.Y.) D. The period of time' in which Orders of Protection are in effect is calculated from the date of issuance of the Order of Protection and/or the time period as indicated on the Order. This period, in months, is noted on the Order of Protection or in some instances the phrase "until further order of the court" may be noted. When this quoted phrase is indicated on the order, it is in effect indefinitely until voided by the court. E, A respondent taken into custody for an alte9ed violation of an Order of Protection may be admitted to bail by the Family Court or by any Criminal Court but never bailed by police personnel. A. When an officer makes no arrest in response to a complaint of a family offense, or offense between members of a household expanded definition as per Section 4; prior to the completion of the tour of duty, the officer shati prepare a detailed written report setting forth the reasons why no arrest was made. This report shall be filed with and reviewed by the Supervising Sergeant who was on duty at the time of the incident. Incidents of noncompliance with this order shall be reported to the Chief of Police by the officer's Supervising Sergeant. B. The to make an arrest. officer shall not use any of th~ following reasons for failing 1. That the suspect lives' on the premises with the victim. 2. that there may be a financial consequence caused by the arrest. 3. That the suspect has left the premises or willin9 to do so. 4. That the suspect and victim are married or had a prior or existing cohabitating relationship. 5. That the victim has made prior calls or is a chronic caller. 6. That the suspect gives verbal assurance that no harm shall occur to the victim. 7. That the alle9ed injury is minor or not visible. 8. That the officer feels that the victim may not cooperate in subsequent proceedings. 9. That prosecution or conviction may not occur even though there exists reasonable cause to arrest. A. An 'accusatory instrument that charges a defendant in a criminal proceedir]g with any offense listed below will have a description of the relationship between the defendant and the victim indicated on the upper right hand corner of the accusatory instrument in the following form: Defendant: Relationship to Alleged Victim Alieged Victim: Relationship to Defendant B. Where protection c~f the identity of a victim of an offense is required by law or otherwise is deemed appropriate, and where placement of the designation or relationship on the accusatory instrument would tend to identify the victim, the officer shall file a separate statement annexed to the accusatory instrument, alertin9 the court of the defendant's relationship -to the victim. Such statement shall not be made available to the public. 25.-Vote of the Town Board: Ayes: Councilman Lizewski, CounCilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 42 2 5, 1992 26.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Agricultural Development Rights Acquisition Option Agreement for the property of Madeline L. & Vernon F. Moeiius, located on the north side of Main Road, Southold, Tax Map No. 1000-75-2-16, 16 acres, at a price of $7,000 per acre, for a total of $112,000; all in accordance with the approval of the Town Attorney. 26.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 P.M., Tuesday, June 2, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the question of the Acquisition of Develoo- ment Rights in the Agricultural Lands of Madeline L. & Vernon F. Moelius, located on the north side of Main Road, Southold, Tax Map No. 1000-75-2-16. 27.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budc~et modification to the General Fund - Whole Town 1992 Budget to appropriate anticipated SEMO and FEMA said for disposal of debris from Hurricane Bob; total cost estimated not to exceed $150,000 (Town 12.5%, State 12.5%, Federal 75%): Revenues: A3960 State Emergency Disaster Assistance $ 18,750.00 A4960 Federal Emergency Disaster Assistance $ 112,500.00 Appropr. iations: ....... A8160.4 Refuse & Garbage, Contractual Expenses $ 131,250.00 SUPERVISOR HARRIS: This appropriated amount is going to take care of debris, which has accumulated up at the South01d Town Landfill, and at this date is probably well over 9,000 tons of debris. As a matter of fact the Superintendent of Highways also told the Board today, that Spring Cleanup Week has netted almost 800 tons of debris, which he has picked up along the road, and highways, within the Town of Southold, in addition to the amount that was already up there, which has to be taken care of, ground, and put into compost, which will be available to our residents once this is completed. 28.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-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 bids for a contract to grind the Hurricane Bob debris at the Southold Town landfill. 29.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: One further note, the Town Board had received back in October, a permit to burn, if that was needed at the landfill as an emergency basis. However, the Town Board in coniunction with Ray Jacobs, Superintendent of Highways, has decided not to put that permit into place, and we are continuing on the track that I had mentioned instead. One of the reasons, of course, is besides from the fact of the smoke that was created from the burning, it's also a very restrictive permit, and the hours, that you could burn, and the amount that you could burn at one time made it completely cost inhibitive for the town to even move in that direction. We have five minutes, and that is the last resolution we have, and why don't I open this up. We have a public hearing at 4:30, but before we get that, which is about four minutes from now, why don't I ask you if you would come again, and state your name, and address your questions to the Board? ANN KEMPNER: Ann Kempner. I live on Golden Lane, and I was wondering why each car of a household has to pay $25.00 for a sticker to go to the Landfill? I just think if you pay $25.00, and you have two cars, each one should be able to have a sticker for the $25.00. SUPERVISOR HARRIS: This was determined by the Board two years ago, when the fee structure was put in place, an increase in the fee. ANN KEMPNER: The increase from what? SUPERVISOR HARRIS: $2.00 it was two years ago. The cost of removing garbage has become very, very expensive today, and this doesn't even cover the amount that we do charge, and even cover what the cost of removal of garbage will be in the future. Right now, it's a break even situation, and that's the way we've been maintaining it. Other towns have been charging more than what is needed in anticipation of having to remove refuse from their landfill. ANN KEMPNER: I don't question that, but some people have two cars. SUPERVISOR HARRIS: There were a number of reasons why. One of the reasons was there was no way to really prove an individual during the time' when $25.00 was set up could come in, if they brought in one registration, and a week later brought in another registration, and said l,m the same family, I want a second sticker, it was a nightmare to administrate'. That was one of the problems put in place, and brought forward to the Town. The second reason was, it was felt that one vehicle per family would be more than enough to eleviate if somebody went to the Landfill on a daily basis, or a weekly basis, that one sticker per car would be all any family would need. ANN KEMPNER: That's not the question. The question is,what doyou do youiithat Ferson goes away from their house? Do you accumulate until they come home a month later? SUPERVISOR HARRIS: I'm lost as to what your question is to us. ANN KEMPNER: If you have tWo Cars in-the ~-~-i:iy~-rig~t?--An~l'%~e-~0-n'"-I~av~s to go someplace for a month or so with the car, or one person doesn't drive that car. TOWN CLERK TERRY: You can pay a $2.00 single entry fee. ANN KEMPNER: When it was $2.00 was it for each car then? SUPERVISOR HARRIS: Yes. ANN KEMPNER: Is this the way it is in the other towns? I don't know, SUPERVISOR HARRIS: As far as I know the other towns all have the same system. Yes. TOWN CLERK TERRY: We've looked into it. SUPERVISOR HARRIS: Including Easthampton, and Southampton, and I know they've just put ~ fee in place. They hadn't had a fee before this. I think just this year they put a fee in, and that's what they put in place also. ANN KEMPNER: There's one other question about garbage, and that is going through people's garbage. It seems to me there's some kind of invasion on privacy there. SUPERVISOR HARRIS: In order to strictly impose mandating recycling in the Town of Southold, which is mandated by the State of New York in 1992, which is this year September, the Board instituted recycling last year very early, as a matter of fact two years ago. ANN KEMPNER: I think it's marvelous. SUPERVISOR HARRIS: The only way we can enforce that is really, on a strictly on a volunteer basis to make sure that people are recycling. ANN KEMPNER: We used to have garbage pickup, but becasue of all the restrictions we take it ourselves, because we were going anyway. We do all that. We comply with the whole thing. It just seems to me, that going through sOmeone's garbage.. 424 MAY 5, 1992 SUPERVISOR HARRIS: If you have another recommendation, we'd be glad to hear another way that we can enforce this law that's in place. This is strictly done on a random basis. So many cars come in at a time, and then a car will be choosen. It's not done every car that comes in, and it's done on an intermediate basis, randomly selected. Nobody knows what date the inspector will be up there. There hasn't been one citation issued yet, strictly only a warning. It's to get people to recycle. That's what it is. it's a volume reduction. It's going tO make money~ but it's going to save money. That's the reason why we recycle. ANN KEMPNER: I understand, but also along with the garbage, again, l've seen many, many, in recent months, garbage thrown on the side of the road. SUPERVISOR HARRIS: That's happening all over the island, all over the country. Councilman Wickham? COUNCILMAN WtCKHAM: I would just say, the Task Force, which Alice Hussie chairs, and she's not here today, but they've been quite anxious, and I think all of us on the Board, have also been anxious to see that the recycling laws are really carried out in this town, and we felt there were a number of people who were not doing it properly. They were putting recycable products with their garbage, and throwing it in. That's the reason for someofthisinspection. There should ne.~er be any invasion of privacy. People will never look through letters, and mall, and personal affairs. The only thing is are there any recycable products among that garbage that should have been separated out,' and that's as far as the inspection will go. TOWN CLERK TERRY: I don't believe they even have to open the bag, do they? They use a baseball bat... RUTH OLIVA: They just put it out on a tray. It's more to hear if. something clunks as far as a can, or a piece of glass-i-S'-'~n~ce~;ned. Y~)~u ca-ri--s~e if the'~'s a milk jug sticking out or something like that. But nobody is perse going to go through every piece of your garbage. SUPERVISOR HARRIS: Thank you for your questions. At this time, ! need a motion to recess to go into a public hearing. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 4:30 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meetinc. t reconvened at 4:35 P.M. SUPERVISOR HARRIS: Would the Board like to act on this public hearing? COUNCILMAN PENNY: SUPERVISOR HARRIS: COUNCILMAN PENNY: to his name? Scott, regarding Mr. Wilmerding. It's staying in. We'll amend it later. We can't do it now. Did we get a communication from Mr. Wilmerding objecting JUSTICE EDWARDS: Let it go as is. SUPERVISOR HARRIS: We have to pass it the way it is, in order to change it later. We'll readvertise. COUNCILMAN PENNY: name, when they requested that the name not be used. SUPERVISOR HARRIS: They hadn't requested it in writing. COUNCILMAN WICKHAM: SUPERVISOR HARRIS: COUNCILMAN WICKHAM: I feel very uncomfortable passing a law with somebody's I feel the same way George does. It's up to the Board, whatever you'd like to do. Couldn't we hold it for two weeks? JUSTICE EDWARDS: We've held it already, and you're not going to advertise it again. It's $100.00 and so forth. Let it go. You change it down the line if you have to. MAY 5, 1992 4 2'5 SUPERVISOR HARRIS: This is the second change~ that has taken place. COUNCILMAN PENNY: When we have a request from an individual not to have his name in a Local Law.. JUSTICE EDWARDS: I haven't seen that request. That letter wasn't dispersed to the Town Board. TOWN CLERK TERRY: Yes, it was. Is that in this letter, Judy? SUPERVISOR HARRIS: it's strictly the footage COUNCILMAN PENNY: I believe.. Yes, it was. There's no request about his name, Judge. away from his dock, which was changed. Councilman Hussie informed that she received a fax, which SUPERVISOR HARRIS: She talked to him in person. COUNCILMAN PENNY: She informed me that she'd received a fax, which was being forwarded to the Town Attorney. Maybe the Town Attorney's Office has a copy of this. He requested that it be deleted? TOWN CLERK TERRY: He wants his name deleted. COUNCILMAN PENNY: He wanted 1.d deleted, which was the section that referred to his name. JUSTICE EDWARDS: Yes. Delete 1.d. Take the full section out. COUNCILMAN PENNY: 1.d is the Section.that 'relates to Mr. Wilmerding's name. I don't know Mr. Wilmerding, but I know that I would feel uncomfortable passing a law with somebody's name in it, When specifically requested as an :individual that they not be placed in there,. That's my personal feeling. COUNCILMAN WICKHAM: Let's try and sort it out in the next two weeks. COUNCILMAN PENNY: Can we set a public hearing right now, for the next time. JUSTICE EDWARDS: It will have to be adver;tised again then. TOWN CLERK TERRY: You would have to.. Yes. SUPERVISOR HARRIS: It's up to the Board whatever you want to do. a decision. We have a meeting to run. COUNCILMAN WICKHAM: Let's advertise again. Let's make 30.-Moved by Justice Edwards, seconded by Councilman Wickham, 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 8:02 P.M. Wednesday, May 20, 1992, Southold Town Hall, Main Road, Southold, New York,' as time and place for a public hearing on the aforesaid 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 adding thereto the following subsection: SUPERVISOR HARRIS: Okay. We're going to hold off on the vote, and we're going to readvertise. I need a motion to set May 20th at 8:02 P.M. for a public hearing in relation to water skiing in Fishers Island. 1. The following regulation 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 extablished by the first boat to start skiing i.e. clockwise or counter clockwise. c. Skiers will remain a minimum of 100 feet from any dock or shoreline. II. This Local Law shall take effect upon its filing with the Secretary of State. 30.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'm going to let Deputy Supervisor Penny run the rest of the meeting for those individuals, who would like to speak to the I3oard in relation to any other matter. Judge Edwards and I have another function, which we have to attend up island. We'll thank you for participating today, and we'll see you in two weeks. Thank you. DEPUTY SUPERVISOR PENNY: Are there any members of the audience, that wouid tike to address the Town Board at this time? ART ROSS: I'd like to thank the Board for passing Resolution Number 12, authorizing us to attend the meeting this noon. It was very informative, and several members of the Land Preservation Committee were there, and we stay all of the way to the end, but it was very well done, and gave us a lot of food for thought. Let the record show, that although Betty went with me, she paid for her~ own lunch. I'm here today, first of all, I'm going to give you an update on the Robins Island Preservation Fund role in the continuing saga of Robins Island, and that was to be a very short presentation. Now, I have to break it -~ down into two parts, and you'll see why as I go along, and it's in a way this is necessitated by the fact that this is a tale of two lawsuits, not a tale of two cities. The fund, as you know, has been pursuing the Wickham dlaim theory to Robins Island, as the first part of our tactics to try acheive public acquisition of the island. -- The lawsuit was tactic number one. We have not prevailed thus far. We lost in the District Court. We lost in the Circuit Court of Appeals, and the Fund had a board meeting on April 18th to discuss our status. We also know of discussions. We hear rumors almost every day, and you do too, discussions about the future of the island between the County, Robis of California, and Metimeier for Southold Development Coporation of Germany. So, we met to determine what our course of action should be. The Fund voted unanimously to stay with our original plan, to oppose development of the island, and to urge some sort of acquisition by a public body, or by a private party that would assure that the island remain a nature preserve with limited access. We also authorized our attorney to preceed to file an application for rehearing in the second Circuit Court of Appeals, and if that does not prevail, file a petition to the United States Supreme Court. We had said from the beginnin~g that we were in this to the end, renew, and pursue all le~gal remedies, and at the same time, we were authorized by the Board to try alert the people of Southold Town, in deed the people all around the rim of the PeconiC, to the fact that the hour might be at hand when something will take place. We were also authorized to proceed with publicity campaign to seek help from other concerned individuals about the imm~nent dispostion of the island as we understand it from the discussion participated in by the County. So, we have gone about our way. For one thing we started our appeal, and I'm going to ask our Vice- President in charge of public relations to first show you the portrait of the island, the painting that Jacky Penny did, that we are marketing, and we'll auction eventually on July 18th at a public auction on Nassau Point at the home of Jim Gray. Now, at the same time we are going forward with, as I said, our court case, and I was asked first of all to come and remind the Town Board of it's unanimous resolution of June 18, 1991, and that was a unanimous resolution b~y the Town Board, a~nd it stated that the Town Board of Southold has repeatedly indicated the suppo, rt of the purchase and the preservation of Robins Island in it's natural state, and it goes on to say, that the Board believes that the preservation of Robins Island is a regional concern, that the island's preservation would be a benefit to the entire region, and proper disposition, management, and the use of this island could be a great economic, and environmental benefit to the Town of Southold (tape change) with all expediency for the purchase of Robins Island. Now, that was ten months ago, and much has transpired since that time, and quite a bit has seems to have been standing still. As I said, we went on with our appeal. Our lawsuit is still in the court. Perhaps Betty while I'm speaking you could pass out the piece from Newsday recently, April 24th, the thoughts about our future resolutions in the court. Now, to return to the tale of two lawsuits, there's another lawsuit as all of you know. Several years ago many of us rejoiced in the fact that the Co~unty had signed the contract to purchase the island for 9.2 million dollars, and there MAY 5, 1992 2 7 was much rejoicing, however many lawsuits resulted from that. The $outhold Development Corporation, the German interest Mittimier and Son, suddenly said that they could not fulfill that contract, that it was wrongly undertaken, that they were deceived, tricked into it, and they went to bankruptcy, and they petitioned the Court for a reorganization of Southold Development Corporation, which is a solely owned subsidiary of Robinsade, Aktingesellschaft, Lichtenstein. I'll refer to them from now on as the Germans, because it's easier to say that, than what I just said, since they developed the name of Southold Development Coporation. Anyway the Germans went into court on County objective, and said we have a contract. What~ more we don't think this is a file of bankrupcy for a debtors' agreement, turned his pockets inside out, and said I'm broke. Once more we don't think this is a file of bankrupcy for a debtors' agreement, and turn his pockets inside out, and say I'm broke, I have a contract for 9.2 million dollars, that's going to drive me further tothewall, but I have a proposal to sell the asset, the only asset of the German interes[ for 15.2 million dollars, and then 1 can pay off all these creditors, mostly law firms, that weren't paid over the years. I don't see any tears coming from the Board, but anyway they said we have these creditors, one was a public: relations firm in' Nova Scotia, which is owned by the two Germans, and we would like the reorganization plan approved, and the County insisted that there were two things wrong with it. That it wasn't a valid bank- rupcy. They were using a bankrupcy court as a sword, rather than a shield, if you will, and that the County had a contract, an enforceable contract. Well, in June of 1991, the Bankrupcy Court, Judge Hall, approved the reorganization plan, and the County appealed that approval on several grounds, and on December 23th of last year, 1991', Judge Wexler gave the County a wonderful Christmas present. He decided in effect, and in fact, that the County was correct in their pursuit of this, and here's the end of his opinion, for the reasons stated above the finding by the Bankrupcy Court is reversed, and he issues, including the insertion of Debtor',s Chapter 11 was in bad faith, not in true bankrupcy, and that the elimination Of the CoUnty's claim was improper, I remand~the entire case to the Bankrupcy Court. -Ehe County was a winner, as of December,,, 1991. Immediately, the Germans filed a notice of appeal. I would have, too, and they went forward with that appeal. Then a silence prevailed. The newly elected County Executive has a Christmas present from the courts, that somewhat of a problem for him, for obvious reasons. In his campaign the Robins Island issue came up time and ti~e again, and he was generally was opposed to it, but he left it somewhat unresolved. Now, the County has won. The Germans are appealing, and we hear not very much until just recently, when we're given to understand by newspaper accounts, that the County is participating in meetings, not public meetings,, in fact, nobody in the County will talk to you about the meetings, for a compromise of the Robins Island problem. Some sort of deal between Robis, Metimier, the County, and sometime the Nature Conservancy is mentioned as an overall supervisor, of the development of the island. Rumors from those meetings are that there will be ~just ten houses, or twenty, or forty, which newspaper do you read. But nothing comes out directly. In a routine check with our Council in preparation to come to this meeting, I asked him to call the Second Circuit Court of Appeals, and find, out what the standing of the German's ~ppeal was. Much to my surprise, he said the Court says they entered a voluntary withdrawal on March 23. Now, that to me was strange. First of all, it wasn't announced in the many newspaper announcements concerning this. We knew that they had all entered stipulations saying, we won't do anything more in the courts until a month, and that was extended another fifteen days. So, I realize that according to the Court records, the appeal had been given up by the Germans. So, we started to prepare this presentation, and last night, or this morning, I guess you folks received a fax, Supervisor and ;members of the Town Board, do you have it? It is from Albert A. D'Agostino, saying, it has come to my attention that certain individuals have misrepresented the standstill agreement entered into among Southold Development Corporation, Suffolk County, and the Creditor's Committee, and have erroneously stated that my client has withdrawn its appeal of the December 1991 decision of Judge Wexler. It has also come to my attention that a l~resentation is to be made to the Town Board tomorrow, May 5, by and on behalf of these individuals. I only speak for the Robins Island Fund. Wherein will be alleged that Southold Development Corporation has withdrawn its appeal. In order to correct any misrepresentation that might result it is my intention to advise you that the representation that the appeal has been withdrawn is in absolutely in error. It has ,not been withdrawn. It is presenl~ly pending, so forth. I like to say that this came to my in a dream, but I had notice of it from a local iournalist. I immediately call reporters journalists, when they say something nice about me, and he called me this morning, and said there's a letter that D'Agostino faxed to the Board, so I went the source. I called MAY 5, 1992 the Clerk of the United States Court of Appeals for the Second Circuit, at 10:57 this morning, and he put it up on his display, and I said read it to me, and he said, on March 20 a voluntary withdrawal was filed with the Court, and it was approved, and the only conditions of the withdrawal by Southold Development, the German company, was that it could be reinstated by April 28th. There is nothing in the file about a reinstatement. That time has come and gone, and 1 asked him if it had been executed by the attorneys for the various parties, this voluntary withdrawal, and Mr. D'Agostino's name is on it. Now, I don't know if he's here, or anyone from his office, but that's why I became even more alarmed about this. What was the consideration for that withdrawal? He says, it's not so. The Clerk of the Court told me this morning that it was so. I'm not here to ask you to resolve the debate between the two lawyers obviously. What I am asking you for is some action on behalf of the previous resolution, a renewal of interest by this Board in what is going on. It's seems to me, that the County is negotiating in secret. It seems to me, that the future of Robins Island is being determined in Germany, and in California, whereas it's principal interest is right here. It's the matter of your own jurisdiction. The tradition is, I think, in Albany, is to treat us like Sleepy Hollow. If they're not objecting, or saying anything, they can read it when it comes out in the paoer. I think that should stop. I think one of you, or the Board, should authorize someone to go, and say, what is going on in the discussions, and why is the County victorious in December, sitting down, and preceding over the disposition of the Island for private development? Yogi Berra is famous for saying a lot of things, but among them he said, it ain't over 'til it's over. That's the way we feel, speaking on behalf of the Fund. There is something going on that we're entitled to know about. I share your concern that a done deal will be presented by the Executive to the Legislature, quickly passed, and the fight will now come right here to Town Hall with the filing of the first plans. There's a lot of debate on what could be done on Robins Island in the way of development. There's a lot of supposition, that it's not really going to be developed, it's another scam to up the price. The new owners are going to get even more out of it twenty years from now, but the County had, what I believe, and I think most lawyers would agree, was a very enviable legal position. They go back to the Bankrupcy Court, and ,assert their original contract. It's unusual that a winning player in a poker game, when the others have thrown in their hands, says, why don't we play another round? But that's what the County seems to have done here. I think, as I said before, the hour is late, we'll be fighting far different sort of position if the Town is presented with a done deal, where Robis Corporation owns the island, and it's only a matter of how much development you're willing to approve over there. One of my young friends in Mattituck, an attorney, was debating with me with the other day, and he said, there you go again. You're a tree hugger. I said, yes, I am. I am a t~'ee hugger, and today I was vindicated by the fact that on page 25 in today's Newsday, there's an article about New York State looking to inventory the oldest trees in the State. They have track of many of them. There are hundreds. They have track of a good many of them, but some of them are lost, and they're asking residents to report, is there something in your records that shows one? They say, we do know where many of them are. We know for example that eldest,, oldest, Elderberry tree in the State is on Robins Island, and the oldest Sumac tree lin the State is 'on Robins Island. i don't want to paraphrase the psalmist, and say that the voice of the chainsaw is heard in our land. I would rather hear, when the rain has passed, the winter is over, the voice of the Turtle Dove, and I think you would, too, But, as the law presently stands the ordinance exists with this township, as soon as the private developer has the rights, he can start on t, hose trees. It might provide a much better view to someone interested in buying the lots on the island. I say the hour is at hand, and I urge that you intervene in whatever is going on at the County level, and protect the interests of this town, and my grandchildren. Thank you. DEPUTY SUPERVISOR PENNY: Thank you, Mr. Ross. Is there anybody else who would like to address the Town Board at this time? Ronnie? RONNIE WACKER: I just wanted to remind you all, that we..that the town is behind you in your efforts to get the County to live up to it's promises to buy Robins Island, and preserve it. When the Save Robins Island Committee was first formed twelve years ago, it's hard to believe it's twelve years ago, the year's go quickly when you're trying to get the government to do some{hing, but we sent out a mailing to all of the Southold voters asking them whether they wanted to develop, or preserve the island, and the response was overwhelmingly for preservation. There were, I think, 184.4% of the replies favored preserving the island, and there's no question that people in Southold Town don't want more pollution in Peconic Bay, more traffic, more noise on the water, and eventually higher taxes for services that they will have to render. All of this will be what they'll get with development of Robins Island. So, anyway, all I wanted to say to you is, will you please lean on the County. Don't let them renege on their contract. That's important to Southold Town. MAY 5, 1992 429 DEPUTY SUPERVISOR PENNY: Yes, Ann? ANN LOWRY: I'd like to speak for NFEC, and say, that we would like to reiterate our stand to keep the island preserved, no development, no deals, I've been thinking about this before, the..if there is some deal going on with the County Executive, and the owner, there is some precedent for the authority of the Legislature, which had voted to preserve, and to buy, and preserve the island, that that not be overturned by some action by the County Executive, so I don't know how that works out, but it sounds as though it could not be done legally, that that would get into more legal problems. I iust wanted to mention that it is encouraging that your Hockbrueckner is going before a sub-committee of the Department of Interior on May 19th, and ask for $2,000,000.00 from Federal funds for the preservation of Robins Island. I had to copy this, because I couldn't remember the whole name of it, but Newsday yesterday it said that the US Fish and Wildlife Services Northeast Estuary Office visited Peconic Bay area last summer, and said Robins Island would be a wonderful place for acquisition, so that is a hopeful thing that Hockbrueckner is doing now. Thank you. DEPUTY SUPERVISOR PENNY: Is there anyone else from the audience, who would like to address the Town Board at this time? (No response.) I think in response to the number of people that we had speak on Robins Island, I'd like to put this on the next agenda for discussion with the Supervisor, and in the meantime encourage him to contact the County Executive's Office, and see if we can uncover what's going on behind this deal, and then we'll take it from there'. We'll have this on as a topic for discussion at our next meeting. I don't know what more we can do. With the limited number of people we have on the podium right now, it's unfortunate, but there's no action we can take at this time. Is there anyone else who would like to address the Town Board at this time? (No response.)- Are there any Town Board members who would like to make any comments? Joe? COUNCILMAN LIZEWSKI: ] would like to address the people, who were interested in the Water Authority coming in, and that it is a trial study, and that the people will be given the right in this town to say yes, or no, in the Peconic Bay Boulevard area, and I think the reason it's being done there is simply because there is a posibility of sort of testing the waters before they go in. We're not saying that they're there yet, and we're giving the people on Peconic Bay Boulevard the right to say yes, or no. It is a study, and it's not finalized. They will come back to the Town Board, and in a democracy I believe the people have the right to say if they want it, or they don't want it, and that's really what this is about. It's a very dense area. It is an area where there are some problems. On one side of the road there seems to be a lot less problems on the north side of the road, so we're going to find out, and I think that the best way to find out is to let them go ahead, and do their study. They will come back to the Town Board. I think it's good to realize that the Suffolk County Water Authority does not have to, did not have to. go to the lengths, that it is going to, to try to make this Water Authority powerful to this town, but it has taken that course, and I have to tell you that I think it's wonderful, that an Authority of that stature has come down and said, okay, basically what do you think you want for the town? How do you want this done? We've talked about it for many meetings. We have many meetings, and I still think it's being done in a very fair manner, and it is going to be left with the people of this town. One other thing l'd like to say is that I think I'm very upset as a Councilman as to some of the newspaper articles, that are written in our town, and do not have a lot of study done behind them, and a lot of depth of reporting, and Pm really upset that people on this Town Board, who devote a good part of their life, and a good many hours to this town whether you agree, or disagree with them, are singled out for basically harassment or haranguing by the newspaper. Sometimes they're misquoted. Very seldom are they put in the true context of what is going on, and I feel that..l hope that in the future that when people talk about consensuses, and people put things into the paper, that they do a little bit more depth in their reporting. ~1 know that my phone is always open to anybody who wants to find out something. I'm certainly, as a public figure, not going to lie to anybody. I'm going to tell them what I think, or I'm going to tell them what I know, and I think it behooves the press in the future, if they want to make headlines in the papers, to make an effort to put some depth into the reporting. I think it could help this town tremendously to look into matters a lot deeper than the front page. Thank you very much. DEPUTY SUPERVISOR PENNY: Tom? COUNCILMAN WICKHAM: I'd like to make comments on three topics. We had a resolution today authorizing visits by members of the Task Force, the Solid Waste Task Force, to Albany to find out what opportunities there are at this stage with the Legislature to find appropriate, safe, environmental safe, and fiscal sound methods of looking after our landfill, and we hope that this will have major financial benefits to the town in the future. Some of you may have an interest in the Stewardship Initiative. The Town Board at a previous meeting felt that we really needed to go back, and review the report, and think about it more carefully before making the appointments to the Task Force. At this stage it isn't even clear how many members there will be, what the criteria are, and a lot of that. Planning and Zoning Committee made a recommendation to the Board some weeks ago, but I don't think 'the Board has really discussed it seriously yet, and so no decisions have been taken regarding appointments to the Task Force, and I don't think any appointments will be made until the Board sits down, and reviews once more methods, and the methodology, the approach to making those appointments. Finally, Joe made a few comments about the Suffolk County Water Authority. I've been getting a number of letters. I have one right in front of me from people along the Peconic Bay Boulevard wondering why they've been singled out, and why they really seem to be the place where water would be first delivered. I want to make three comments, or three principles that I think a water policy for Southold Town should predicated on. First, I would look for an expression of interest from the people who would be affected. So far as I know there's been really very little expression of interest along Peconic Bay Boulevard. In fact, along those lines I asked for a meeting with some of those people recently. Both George and' Joe also came, and it was a useful meeting to get some sense of where they're coming from. So, it's not all of it being driven by the Water Authority. So, some expression of interest from the people, I think, is an important principle in helping the Town figure out where it's going to go. Secondly, there needs to be some data, or some information, outlining the quality, or quanity problems with the water, if the Town is going to move there. When the Suffolk County Water Authority people came here, they spoke about Temik. I think most of you are aware that Temik is basically is a serious threat, but diminishing threat since Temik is no longer used here. The Cooperative Extension people, and others, tell us that water quality is actually improving on much of the North Fork, so I'm not sure..l don't think the case has been made effectively, that there is a serious water quality problem along Peconic Bay Boulevard. The case may be made. Perhaps it can be made, but I don't think it's been made yet. The third principle I'd like to say is that in the Stewardship Initiative there is a very clear pattern, that has been layed out in that report for the possibility of public water in this town. Now, that pattern is to promote development in and around the village centers. That means Mattituck Village, Cutchogue, perhaps New Suffolk, and Peconic, Southold, the rest, maybe even some new village centers need to be established. That's fine, but the idea is to preserve a lot of the open space, that exists in different places, and try to promote the public water in areas of the village centers. I think that is a very sound strategy, and one that I support, and in the discussions that I've had with the Water Authority I've to promote that point of view. Thank you, George. DEPUTY SUPERVISOR PENNY: Thank you, Tom. I'd like to make some comments at this time in regard to the two topics, that have been discussed by both Councilmen. Regarding the Suffolk County Water Authority, as Tom mentioned, three Councilmen attended a meeting last night of a property owners association in Laurel. They were concerned about the request by the Suffolk County Water Authority to do this pilot testing in their area. I think that after about hour and a half of discussion the tone of the meeting changed somewhat, and they realized that what was going on, there was nothing hidden, there were no hidden secrets in what was going on, and that was strictly a pilot plan to find out what the people needs really are. A map was presented at that meeting, and has had map in this area since-I've been on the Town Board. We discussed H2M Study, the ERM Study. There's studies going back into the 70's when there was concern for the possibility ~ of bringing public water into this town. All of these studies have shown some sort of pollution in one area of the town, or another, and as I've looked at these maps, and I recall back when we started drafting our water policy, I believe it was around 1986. Two maps were brought in from two areas that were programmed about two years apart, and it showed consistency in the plumes. The plumes of the contamination move like an amoeba · They don't really go anywhere. Some dissipate, but them some build up in other areas, so the contamination in one form MAY 5, 1992 or another is already in place. It's pretty much common knowledge, and it's been addressed over the years in discussions we've had here inside the Town Hall. On the long range issue here of zoning and taxation, which was two of the main concerns from people. There's a lot of misnomers going around, and people are afraid that the minute that a water authority comes into town, that there's goes zoning. That is not true. We have a Town Master Plan. The avenue for people to apply for zone changes of less density, than two acres, is already in place. They're not coming in. We don't expect with public water, that these will automatically come in, and nobody can anticipate that zoning changes are going to be easy in Southold Town, particularly in these outlying areas which are targeted for preservation by the town studies. The issue of taxation is one that is spreading wildly, and people are afraid that something having to do with the Water Authority is going to appear on their tax bill. That is not the way it is. The Water Authority strictly deals with the users. If you want to put up your money, if you want to have the public water, you only will be bearing the price of that. If this runs by the front of your house, or the front of a vacant piece of property, there are absolutely no financial ramifications to you, if you do not use the water. This will not appear on the tax bill, and once we discussed both of these issues in depth, appro;dmately two-thirds of the 25 to 30 people that were there last night showed their..gave us the go-ahead that they were interested in completing the study, not neccessarily in the hookups, but in going ahead and completing the study, because everybody knows that along Peconi'c Bay Boulevard, as summer homes are in existence right now, sometime in the future, as is happened in many other areas in the town, when they turn into yearro~nd homes the pressure on the shallow aquifer, and. the possibility for saltwater intrusion will be greatly inhanced by yearround use. People have the right, in my mind, to decide how they want their future, and the other question that they raise is why would .we want public water? Why would we want? We've found in areas of the town, that there has been chemical pollution. People'are either using too much chemicals on their lawns, in their back yard areas, their front yard areas, or they're using the septic line cleaners. I believe there's a pocket area down in East Marion, that is twenty, thirty homes, which does not have potable water because of this. The closer the house are together, and the more of these chemicals that are used, the greater the chances for contamination. Without public water you really don't have an avenue to cure it. Like I said twenty, or thirty people in ho~es down in East Marion, they're living on bottled water because of this. Agricultural uses come and go. Pesticides that are meant to be safe when they're· first given out, like Temic we found out years later, to have a major effect on the water. Well replacement, I spent over $2,100.00 less than a year ago, to have a well put down sixty feet. I know you can't always get water at sixty feet in $outhold Town, and I understand that I got a bargain. I've heard $3,000.00 is probably the average cost of putting in a four inch casing with a submersible well. So why would people possible want this? If the line was running by the front of their house, even paying a late charge for the Suffolk County Authority still might be cheaper than going out, and trying to research a new well, and especially if a new well won't help you, if you have contamination in your area. They may have current problems. The map showed, I believe last night salt water, there were chlorides in the water, and it also showed chemical contamination probably from pesticides and nitrates. · A lot of people don't know that they have these in their water, and what happens when they go to sell their property, as people often do in Southold Town, when they decide for one reason or other they want to leave this area, they find out at the very last moment when the water test is required by the buyer, that they have a problem. So, for a long term investment in their future they may want to consider public water. This is not a pitch for public water, but this is in response to a question that raised last night, and I tried to come up as many answers as I could, why people could possibly· want it. But the end result is the poll is going to the people. The people are going to have the choice, and once we have the results of that poll, that information will be brought to the Town Board, and according to our resolution today the Town Board will be the first to receive this information. Regarding Joe's comme'nts earlier about the news. I had the opportunity last week of being the subject of criticism in an editorial by the Suffolk Times. I took exception to comments in there, that said that particularly Scott and I were not acting in agreement with a grant application, that was in black and white. I forwarded a copy of that grant application in a letter challanging 4 3 2 5, ,992 the Editor of The Suffolk Times, that if in fact, he could substantiate his comments, which I showed him in black and white, the facts, that I read my letter publically, but also, requested of him, that if he could not substantiate his comments according to the materials, that he eat the 8½ x 11 copy of his editorial. Now, as the paper so aply quote, I made a phone call, which was not returned, and so far my fax message has gone unanswered. Thank you. Does anyone else have any more comments at this time? I move we adjourn. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:20 P.M. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, . This resolution was declared duly ADOPTED.