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HomeMy WebLinkAboutTB-06/04/1991461 SOUTHOLD TOWN BOARD JUNE 4, 1991 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV (10:00 A.M.), Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson, Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:30 A.M. - Unsafe Building Hearing concerning a building on the property of Sophie Furman. kiewicz, Main Bayview Road, Southold, was rescheduled for 9:30 A.M., Tuesday, June 18, 1991. Mrs. Furmankiewicz, who was present at this time, assured the Town Attorney she would make an effort to resolve the problem before June 18th. 9:50 A.M. - For Discussion Items: (I) Home Occupation Law - was held until Councilman Penny arrived - see 10:35 A.M. (2) Conflicting statements from representatives of various groups during public meetings - was held until Councilman Penny arrived - see 10:35 A.M. (3) NYS model law relative to Coastal Erosion Hazard Act. Town Attorney Arnoff advised he discussed this with the Town Trustees and Board of Appeals. The Trustees feel they should administer the law, but both board will work together on certain cases~where their jurisdiction meets. Town Attorney Arnoff hopes to ha~e a' draft of Town CEM regulations by the next. meeting. EXECUTIVE SESSION 10:00 A.M. - On. motion of Councilman Wickham, seconded by Councilwoman Latson, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham.---The Town Board met with Stanley Parkin , former chairman of the 350th Anniversary Committee, to discuss possible litigation. 10:30 A.M. - Jody Adams met with the Board to discuss the overall problems associated with the road end at Indian Neck Lane, Peconic, next to her home. Ms. Adams had requested a street light at the terminus of the road, but after a report from Chief of Police Droskoski, and a discussion with Superintendent of Highways Jacobs it was decided that the cost would be too great, as it would require the installation of another pole, and the primaries would have to be extended. Ms. Adams advised that the existing light is at least 200 feet from the beach area where the problems and disturbances occur. Assistant Town Attorney Kiernan suggested that perhaps a floodlight on the existing pole would be a solution. Ms.-Adams had submitted a letter to the Town Clerk's office prior to this meeting with the Town Board, which the Board had not had a chance to read, and suggested that after they- read the letter she might like to meet with them again. 10:35 A.M. ~ For Discussion Items (continued): (1) Councilman Penny advised that there are certain areas that should be discussed with respect to the newly enacted Home Occupation Law: (a) Sales of seafood - there is a lack of refinement in that area. There had been an assurance while the law was in committee that sales could not occur because of Health Department regulations. (b) Tradesmen - a definition of people who do not work on their own premises, but at other people's homes, and only have an office in their home. (c) Restriction of signs - although the law did not change the sign regulations, more clarification is_ needed. (d) Perhaps reduce the size of a truck in the driveway from 25 feet to 20 feet. (e) Home professional offices - Councilwoman Oliva urged a discussion in committee when the above items are discussed. Councilman Penny suggested this be discussed at a later date, as this could take a considerable amount of time. (f) Councilwoman Latson suggested inc. luding legislative intent.---Supervisor Harris recognized Dorothy Philips, representing the Bay Haven Home Owners Association, who brought to the Board's attention that she had written a letter asking for the law to be rescinded.---Betty Brown, President of the North Fork Environmental Council, asked for a copy of a letter Councilman Penny received from a friend in Virginia which concerned the Home Occupation Law there. Councilman Penny advised Ms. Brown that the letter will be available at the Legislative Committee meeting. Ms. Brown also stated that the SEQRA Action was done incorrectly, and should have been a Type I action with a long EAF. Town Attorney Arnoff stated that it is his belief that legislation of this type does not require Type I action, but will research the question.---Ann Cremers questioned the parking of trucks, an item that will be discussed in Legislative Committee. 11:10 A.M. - Recess. 11:25 A.M. - Work Session reconvened and the Town Board continued with the For Disi~ussion Items: (2) Councilman Penny brought up for discussion the series of comments at the Home Occupation informational meeting coming from different groups with direct head-on conflict with different views within those groups. Councilman Wickham said he agrees and shares Councilman Penny's concern, but the Board cannot make this determination, this seems to be problem within the groups.--- Supervisor Harris recognized Betty Brown, President of the NFEC, who stated she was the representative for the coalition that submitted a statement the evening of the informational meeting. She said she received authority .from represenatives of each group to recite the statement.--Considerable discussion ensued with respect to the authority of trustees or directors of the various groups in question, and what votes were taken by those officers~ (3) See 9:50 A.M. (4) Discussed the fiscal impact of properties taken off the tax rolls through the open space and farmland acquisitions. Town Attorney Arnoff wil prepare a resolution for the next Town Board me~etihg. At this time the Town Board set two public hearings to combine the Open Space Committee and Farmland Committee (see resolutions no. 16 & 17). (5) Request for supplying certain materials to the US/UK Stewardship Exchange Organizing Committee - see resolution no. 18. (6) Appointment of Joseph Fischetti to the Water Advisory Committee - resolution no. 19, and Lawrence Tuthill, Jr. to the Solid Waste Management Task Force - see resolution no.' 20. The Board also set 4:00 P.M., Monday, June 17th to interview the two applicants for the vacancy on the Open Space Committee. (7) Letter from the Cutchogue Fire District terminating their lease with the Town for the parking lot across from the Fire House on New Suffolk Avenue, Cutchogue. (8) Proposed resolution (see no. 21) to request the County of Suffolk to include certain parcels located around Laurel Lake in the list of lands to be acquired 1/4% sales' tax monies. The Board also placed resolution no. 22 on the agenda in support of .IR. 1303, Suffolk County Drinking Water Protection Program. (9) Councilwoman Latson requested that comments and recommendations-on the Preliminary Draft of the Local Waterfront Revitalization Program document be sought from the Plannin~j Board, Board of Appeals, Trustees, Conservation Advisory Committee, and Waterfront Citizens Advisory Committee, and then have a meeting to review the comments. The Town Clerk will notify those groups that the comments are to be submitted to her by July 8th. (10) Brief discussion on the positive aspects of the recent meeting with the Suffolk County Water Authority. (11) Request from Venetia McKeighan, Director of Human Services, for the' Town to continue funding the Brief Respite Progrant, which funding is being discontinued by the County of Suffolk. The Town Board, realizing the critical need for this program agreed that would continue the approximately $200.00 funding to the end of the year, and consider 1992 during budget preparation. (12) Request for the appointment of two Technician-Trainees under the Fishers Island Mosquito Control Program (see resolution no. 23). 12:45 P.M. - The Town Board reviewed the resolutions to be voted upon at the 4:00 P.M. regular meeting. 1:00 P.M. - Recess for lunch. 463 JUNE 4, 1991 EXECUTIVE SESSION 2:10 P.M. - On motion of Councilwoman Oliva, seconded by Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, and Town Clerk Terry.---The Town Board met with John Halsey and his associate of the Peconic Land Trust, and Art Ross, Chairman of the Southold Town Open Space Committee, to discuss contract i negotiations.---Following this meeting the Board discussed litigation, appraisals, contract negotiations and personnel. 2:40 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, June 4, 1991, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny tV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Councilman Thomas H. Wickham Town C'ierk Judith T..Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: I would like to welcome you to the Town Board meeting. At this time, I need a motion to approve the audit of the bills of June 4, 1991. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $32,224.06; General Fund Part Town bills in the amount of $9,915.70; Nutrition Fund bills in the amount of $3,702.85; Home Aide Program bills in the amount of $128.60; SNAP Program bills in the amount of $906.35; EISEP Program bills in the amount of $97.20; Community Development Fund bills-in the amount of $192.00; Highway Fund Whole Town bills in the amount of $47,248.75; Highway Fund Part Town bills in the amount of $256,758.27; Capital Projects Account bills in the amount of $136,000.00; Hydrogeolic Landfill Study bills in the amount of $27,019.46; Employee Health Benefit Plan bills in the amount of $43,967.47; Fishers Island Ferry District bills in the amount of $16,678.34; Southold Wastewater District bills in the amount of $2,500.00; Southold Agency & Trust bills in the amount of $6,511.16; Fishers Island Ferry District Agency & Trust bills in the amount of $101.89. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I would like a motion to approve the minutes of the Town Board meeting of May 21, 1991. Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes of the May 21, 1991, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: A motion approving the next Town Board meeting scheduled for June 18, 1991, at 7:30 P.M. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the next recjular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesdayi June 18, 1991, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 2. and 1989. 3. 4. 5. 6. Southold Town Dog Shelter Report for May, 1991. Fishers Island Ferry District Financial Statements for December 31, 1990 Southold Town Scavenger Waste Treatment Facility Report for May; 1991. Southold Town Building Department Report for May, 1991. Councilmen's Reports. Supervisor's Report. II. PUBLIC NOTICES. III. COMMUNICATIONS. None. 1. Charles W. Hoppe, President of Loncj Island Rail Road in regard to information on the ticket vending machines. 2. Susan Hippie, Community Advocate of CAST, with appreciation for the donation of free circus tickets. IV, PUBLIC HEARINGS. 1. 4:30 P.M. "A Local Law in Relation to Shellfish". ,2. 4:32 P.M. "A Local Law in Relation to Dog Prosecution" V. RESOLUTIONS. SUPERVISOR HARRIS: Before we start our resolutions for the afternoon are there any members of the audience, that would like to address this Town Board on those resolutions, that we'll be enacting in just a few minutes? (No response.) Hearing none, the first resolution of the evening is granting permission for the renewal of a single family permit. 1.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the application of Maddie Miles for renewal of her single family house trailer permit, for trailer located at Hobson Drive, Mattituck, which permit expires on June 22, 1991, be and hereby is granted for a six (6) month period. 1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby ~trants permission to the Town Clerk to provide eight (8) copies of the 350th Anniversary Journal for the packets of historical background information being prepared by the Town Historian for the U.S./U.K. Exchange program participants. 2.-Vote of the Town Boardi Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: These eight copies are being loaned to these m~mbers of the U.K. Exchange Program, and at the end of the duration of that program they will be returned to the Town Hall. JUNE 4, 1991 465 3.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Cases Lane, Cutchogue, from 9:00 A.M. to 5:00 P.M., Saturday, July 6, 1991, to permit the Cutchogue-New Suffolk Historical Council to utilize the area for their 27th Annual Antiques Show and Flea Market, 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. 3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul Corazzini & Sons Inc., in the amount of $1.24 per gallon, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials, delivered to the Town of South01d Highway Department and applied, all in accordance with the bid specification; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to execute a contract between Paul Corazzini & Sons Inc. and the Town of Southold to provide all the necessary labor, materials, equipment and incidentals required to furnish and apply 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials for the Town of Southold for $1.24 per gaJlon, for a period of one (1) year from the 3rd day of June, 1991. 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Sound Shore Excavatinq Corp., East Marion, for supplying 3,000 yards (more or less as may be needed by the Superintendent of Highways) of Screened Sand for Snow and Ice Control, at a price of $5.50 per yard, all in accordance with the bid specifications. 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followinc~ individuals as part-time Public Safety Dispatchers, effective immediately, at a salary of $7.72 per hour: John Fogarty, Debbie Ginas, Dania Heagy, Scott Schelin. 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to grant the following part-time personnel 5.5% incremental salary increases effective June 1, 1991: Thomas Alligood, David Bennett, Shane Clarke, Robert Davis, Justin Driscoll, Michael Gelman, Harold Haugland, Daniel Henderson, William Henderson Ill, William Henderson IV, Eugene Henson, Peter Hobart, Timothy Keating, Henry Kopij, Jeffrey Londregan, Richard Mahar, John McGinley, Kevin Moroney, Richard Niedojadlo, Victoria Orr-Novak, John Piacenza, Aaron Rice, Charles Stepanek, Evelyn Stepanek, Wilfred Szalkowski, William Toivonen. 7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to engage the services of Monica Doucette as a seasonal reservation clerk to replace Susan Pankiewicz, effective immediately, at a salary of $7.50 per hour. 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4 6 6 JUNE 4, 1991 9.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Tonw Board of the Town of Southold hereby accepts the bid of K & R Marine Construction Inc., Islip, New York, in the amount of 572,800.00, for furnishing all of the labor, materials and equipment required for the bulkhead repair and replacement at Klipp Park, Greenport, all in accordance with the bid specifications, and subject to the approval of the Town Attorney; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to execute an agreement between the Town of Southold and K & R Marine Construction Inc. to accomplish the aforesaid bulkhead repair and replacement at Klipp Park, Greenport. 9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'm pleased about this resolution being adopted. It's been a number of years, that the Town Board has tried to move on this Gull Pond construction, and we're finally have a resolve, and now the bids are in, and we hope that we get this underway as soon as possible, so that that repair can be done to eliminate any further damage that may continue in that area. 10.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Rose Wysocki as an Aide in the Senior Adult Day Care Proc~ram, effective June 3, 1991, 22-1 /2 hours per week, at a salary of $5.00 per hour. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bids of Eastern L.I. Electronics, Inc., Quoc.]ue, New York, for supplying and installing radio equipment to upgrade the police and fire emergency medical services communi- cation systems t~or the Town of $outhold, all in accordance with the bid specifica~ tions, as follows: Site #1 - Southold Town Police Headquarters - $11,099.00 Site #2 - Old Country Road, Jamesport - $5,080.50 Site #3 - Orient Fire House, Main Road, Orient - $4,871.17 AND BE IT FURTHER RESOLVED that the Iow bid for Site #1 of Lakeland Communica- tions, Inc. is hereby rejected whereas Lakeland specified the use of a 1/2" cable rather than the accepted industry standard of 7/8" for the site which would not be acceptable, and is the major cause for the difference in price. 11 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold, pursuant to Article 1X of the Constitution, hereby requests the enachment of Assembly Bill No. 679, entitled "AN ACT to amend the highway law, in relation to increasing the amount permitted to be raised by taxes for certain highway equipment in Suffolk County"; it is hereby declared that a necessity exists for the enactment of such legislation; and the Town Board does not have the power to enact such legislation by local law. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followincj 1991 Lifeguards, Beach Attendants, Pla¥cjround Instructors, Swimming Instructor, and Beach Managers, effective immediately, at the following salaries: LIFEGUARDS Dave Cancro (4th year) Angela Fioravantes (2nd year) Jeremy McCavera (3rd year) David Melchione (2nd year) Brian Regan (2nd year) Tom Scheuermann (6th year) Jon Pultz (1st year) Dan McGunnigle (3rd year) Greg Aurre (1st year) Cathy Plock (1st year) Kathy Meere (1st year) $8.22/hour $7 69/hour $7 95/hour $7 69/hour $7 69/hour $8 75/hour $7 42/hour $7 95/hour $7.42/hour $7.42/hour $7.42/hour JUNE 4, 1991 467 BEACH ATTENDANTS Jori Pearlstein (1st year) Hayden Reichert (1st year) John Tramontana (1st year) Gerritt-Zeneski (1st year) Heather Cherepowich (3rd year) Amy Rishe (3rd year) PLAYGROUND INSTRUCTOR Valerie Kaser (1st year) Theresa Pressler (Ist year) SWIMMING INSTRUCTOR Meredith Sherter (2nd year) BEACH MANAGERS $5.83/hour $5.83/hour $5.83/hour $5.83/hour $6.15/hour $6.15/hour $7.00/hour $7.00/hour $13.00/hour Laura Carlisle $10.00/hour Arthur Quintana (3rd year) $10.00/hour 13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Accoun- tant John Cushman and Data Control Supervisor Jeanne Ruland to attend the AS/400 System Performance Tuning Seminar on June 12, 1991, 8:30 A.M. to 12:00 P.M., at the Huntington Hilton, Melville, New York, and the use of a Town vehicle, and lunch expense shall be a legal charge to the Central Data Processing 1991 Budget. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the installation of a street licjht on Greenport Village Light Pole No. 19, located south of CR 48; Greenport, on the corner of Moores Land and Cedarfields Lane; said light to installed by the Village of Greenport. ~5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This light has been requested by Village Mayor Bill Pell, and the Town Board is glad to enact this to help that affordable housing project, that we supported known as Cedarfields. 16.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed "Loca Law in Relation to Land Preservation"; now, therefore,, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 18, 1991, 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, to wit: A Local Law in Relation to Land Preservation BE IT ENACTED, by the Town Board of the Town of Southold as follows: ]. Chapters 25 (Agricultural Lands Preservation) is hereby amended to read as follows: 1. Section 25-30 (Definitions.) is hereby amended as follows: COMMITTEE - The Southold Town Land Preservation Committee. 2. Section 25-50 (C) (Alienation of development rights) is hereby amended as follows: C. Land Preservation Committee. (1) The Committee shall consist of seven (7) members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board. II. This Local law shall take effect upon its filing with the Secretary of State. COUNCILWOMAN LATSON: Can I just ask a question on that? Is' this solely for the unification of the two committees? TOWN CLERK TERRY: Solely. COUNCILWOMAN LATSON: Okay. 16.'-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4 6 8 4, ,991 17.-Moved by Councilwoman Oliva, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed "Local law in Relation to Open Space Preservation"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, June 18, 1991, Southold Town Hall, ~lain Road, Southold, New York, as time and place for a public hearinc~ on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Open Space Preservation BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 59 (Open Space preservation) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 59-30 (Definitions.) is hereby amended to read as follows: COMMITTEE - The Southold Town Land Preservation Committee. 2. Section 59-50 (C) (Alienation of fee, interest or right; instrument of conveyance; Land Preservation Committee.) is hereby amended to read as follows: C. Land Preservation Committee. (1) The Committee Shall consist of seven (7) members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board. II. This Local Law shall take effect upon its filing with the Secretary of State. 17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Clerk to provide eight (8) copies of the following items for use by the US/UK Stewardship Exchange Organizing Committee; said items to be returned to the Town Clerk upon completion of the project: Zoning Codes, Subdivision Regulations, Highway Specifications, Wetland Ordinances, Small Zoning Maps, Master Plan Background Studies, Master-Plan Summary, Master Plan Memorandum, Develop- ment Plan Maps. 18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Once again, the Town Board is pleased to be able to help the Stewardship Exchange in relation to loaning these copies out, at which time after the duration of that project they will be returned to the Town Clerk's Office for further studies with other organizations. 19.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southoid hereby appoints Joseph Fischetti, Jr., P.E. a member of the Southold Town Water Advisory Committee, effective June 5, 1991 through July 3, 1994, he to serve in said position without compensation. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lawrence M. Tuthill, Jr. a member of the Southold Town Solid Waste Management Task Force, effective immediately, he to serve in said postition without compensation. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby requests the Suffolk County Department of Law, Division of Real Estate, and the Suffolk County Lecjislature to include the following parcels located withinthe Town of Southold, in the list of lands to be acquired by the County of Suffolk through the Revenue Sharing Element of the Suffolk County Drinking Water Protection Program (1/4% sales tax monies), all parcels located around Laurel Lake, Laurel: 1000-125-1-14 1000-121-5-5.1 1000-121-4-9 1000-121-3-7 10,00-121-4-10.1 21.-Vote of the Town Board: '31.7 acres 70.8 acres 64.6 acres 46.9 acres 8.2 acres Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby requests that the Suffolk County I_ecjislature approve resolution number 1303-91 which approp- riates funds to purchase environmentally sensitive real property located with the Town of Southold pursuant to Article XII of the Suffolk County Charter 1/4% Sales Tax Program. 22.-Vote of the Town Boated: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Justice Edwards, seconded by Counci woman Olvia, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Wendy Holcomb and Marta Iwaseczko as Technician-Trainees under the Fishers Island Mosquito Control Program, effective June 4, 1991 through September 6, 1991, at a salary of $6.50 per hour; total expenditure not to exceed $7,000..00. 23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Community Development Administrator James C. McMahon, all Town Board members, all Town Trustees, and two (2) members of the Conservation Advisory Council to attend the June 13, 1991 "Managing and Protecting Long Island's Estuaries" workshop to be held at Long Island University Southampton Campus, Southampton, sponsored by the Group For The Southold Fork, The Nature Conservance, South Fork Natural History Society and Southampton College of Long Island University; and the use of a Town vehicle, and $20.00 registration cost, which includes lunch, shall be a legal charge against the 1991 Budget of the respective departments. 24.-Vote of the Town Board: Ayes: Councilman Wickham, .Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Supervisor Harris, seconded by Councilman Penny, WHEREAS, the Southold Town Board is dedicated to protecting its taxpayers relating to all pertinent legislation; and WHEREAS, the New York, State Senate has passed Bill No. 2424 which would permit Suffolk County and local municipalities to grant an 8-year tax exemption on home improvement; and WHEREAS, this legislation would only enhance sales tax and income tax revenue and rely solely on property taxes collected from its property owners; and WHEREAS, the Town of Southold has 'relied on home improvements to increase their tax base; and WHEREAS, this legislation would also diminish an already stagnant tax base; and WHEREAS, by passing this legislation, local municipalities would be forced to raise their tax rate to compensate for the loss in revenue from these exemptions; and WHEREAS, this exemption would only benefit the select few and penalize the majority; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby urges the New York State Assembly not to pass Assembly Bill No. 3712, which is the Assembly version of Senate Bill No. 2424, which would amend the Real Property Tax Law as stated above; and be it FURTHER RESOLVED that the Town Clerk is hereby authorized to forward certified copies of this resolution to all members of the New York State Assembly, Governor Mario Cuomo, all Suffolk County Supervisors, the Suffolk County Assessors Association, and Robert I. Scott, Jr., Chairman of the Southold Town Board of Assessors. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor-Harris. This resolution was declared duly ADOPTED. AMENDED July 17, 1991 by Resolution #24 26.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby creates the postion of Exempt Secretary to the Town Attorney, effective immediately, at a salary of $21,939.41 per annum. 26.-Vote of the Town Board: Ayes: Councilman Wickha'm, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This position is not a new position. This is an existing position, which is being changed for confidentiality reasons. 27.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Louise Santacroce to the postion of Exempt Secretary to the Town At~torne¥, effective June 4, 1991, at a salary of $21,939.41 per annum. 27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Before we go into public hearings, that we have scheduled for 4:30 P.M., are there any members on the Town Board, which have anything they would like to address? COUNCILWOMAN LATSON: I have a couple of things. Yesterday I had the opportunity to attend the ribbon cutting ceremony at North Fork Bank for the new offices of the North Fork Housing Alliance, and the Community Action of Southold Town. There will be, due to the generosity of North For~k Bank and Trust, they have provided both of. these community agencies with offices to be located in Cutchogue to serve the populations, that live °n the western portions of the town. This opening was a prime example of private enterprise, being the North Fork Bank, government, being The Town Board, and non-for- profit organization working in conjunction, and with one another, for the benefit of the community. So, I would just like the public to be aware, that there are offices to assist anyone regardless of race, color, creed, or nationality, now located in Cutchogue. As Scott mentioned, we're very happy to finally be pro- gressing on the bulkhead installations at Gull Pond. For a numer of years it has been in a deteriorated condition, and has been eroding to the point,-that it's almost a health hazard. So, it was with great pleasure, that the Town Board was able to go out to bid, and to work on getting a new bulkhead installed at this location. Also, this week Councilwoman Oliva, and I, had the pleasure of interviewing approximately thirty delightful young people for several positions, that had openings for beach attendant. We had a wonderful turnout of very nice, cheerful, wonderful children in the town of $outhold, who would have lik~these jobs. Historically, we have tried to keep these iobs available for high school students, and college students to supplement their incomes during the summmer months, either for college, or saving for college. It was unfortunate, that we could not have hired al! of them. We would have loved to hire all of them, but I think we have a great group working for us, and I thank those who did apply. Last but least, Resolution #25, which the Town Board passed, requesting that the Assembly and the Senate not enact legislation that would exempt homes, that do improvements up to $80,000.00 from reassessment to go on the tax rolls was voted on unanimously by the Town Board not to be passed in ~,lbany. Those of us on the Town Board have seen over the past several years more and more, where Federal and State, as well as County funding, is being decreased to the towns. Now, with the decrease in funding from the State of New York, they are looking to undermine~ our ability to collect revenues from tax assessments in order to ~ncrease their ability to collect revenues through sale tax. So for those of us on the Town Board, there will an ultimate challenge to continue to keep tight fiscal restraints on your budget, and to continue to provide you with services, because we are being undermined by every level of government. Thank you, Scott. COUNCILMAN WICKHAM: I have a very brief..in regard to Resolution #21, that was passed today, which we requested Suffolk County to include certain parcels around Laurei Lake 'for inclusion in the quarter percent sales tax acquisitions done by the County. The Town of Southold was asked to establish a list of properties, which the County would consider if they would use that money for acquiring properties from the Town of Southold. We've done that in this resolu- tion. I want to emphasis, that the County will sit down with the owners of those properties, and discuss the voluntary sale of their properties. There is no cohortion in this. There's no condemnation. It's simply an opportunity to protect land around the Laurel Lake aquifer area for protection of our aquifer, and our groundwater, and it's a voluntary program financed through quarter percent sale tax money at the County level. Thank you. COUNCILWOMAN OLIVA: I think only have one other thing, that I would like to say, too, about..] think we need some support for the preservation of Robins Island, and I'll let Ellen expand a little bit on that. With a Chairman, I believe, on one of the committees, that is not in favor of preserving any of the land, and we have to go through his committe, I think even for this quarter percent funding for these very important pieces of property around Laurel Lake. Now, Ellen go on with that. I would, also, like to say it was that i like to meet all these young people, and I had such a ball talking to these young, intelligent people the other day. It was really fun. I, also, had about a week ago, I spoke in front of the fourth grade class at Oysterp0nd$, and I really 'wish to compliment the teacher, and the fourth grade class. I have never had a more attentive audience, young or old, who asked such intelligent questions, and they were, and who seemed to retain what was told them. They were an absolute delight, and I loved doing it. Thank you. COUNCILWOMAN LATSON: Regarding funds, reference to Resolution ~21 for the protection of our watershed in Laurel, to be able to provide the people in Southold with clean drinking water in the future, and Robins Island as well. There is strong opposition in the County Legislature riqht now to cut down on any type of funding for open space preservation, or foF quarter percent sales tax monies to be used, because these monies would have to be bonded, and the County isn't fiscal..shortages at this point, as we're all aware. Represent Legislator Finley, I believe he's out of Islip, is the prime mover behind this, but those of us in Southold Town are for many years have seen the importance of keeping Robins Island as open space, because it is the largest tract of undeveloped land within the Town of Southold, and is also part of the twelve last wildlife areas in the town. So, I would just like to let you know that there's still are people out there urging for the preservation of Robins Island, and that there is a Robins Island Preservation Fund, that has been established. Thank you. SUPERVISOR HARRIS: I just have one thing to mention. With the State's Budget woes, that continue on a daily basis, we find ourselves in a position where we're going to lose approximately three quarters of a million dollars in aid to. local muncipalities. I find this deplorable, that the State of New York is going to shift the deficit down to the local taxpayers in Southold Town. Our budget, as you know, is only a little over twelve and a half million dollars. To lose three quarters of a million dollars is a disaster to the taxpayers of this township. It's something that I'm not allowed to participate in, unfortunately, because the State of New York Senate, and Assembly, and the Governor, make the final decisions on what monies we get. The unfortunate part of it is, that when they deliberate on a budget in the State of New York, we in Southold Town have already been about six months into our fiscal year, because we start our budget process ~n January, and actually in September of the following year, the year actually for it, we start the actual budget process here at Southold. So, right now we're six months into the fiscal year of 1991. We have programs in place. We have expenditures in place, and we found ourselves losing three quarters of a million dollars in programs that are already funded. It doesn't leave us in a very good position.. We either have to eliminate programs, or we have to immediately go out, and tell the taxpayers if you still want these programs in place, then you'll have to find a way to pay for them, and that means a raising of taxes, and nobody wants to do that, and certainly whether you pay it on the State level, or whether you pay it on the Town level, you still have to pay an increase in taxes for what's being done in Albany, and I find that's deplorable. I, also, think that the Town of Southold, who received $157,000.00 in CHIPS money, which is Consolidated Highway Improve- menu Program, is about to be lost , 61% of that money, and all the road resurfacing,-- all the roads that are redone in this town, come from that funding. To lose that again, in the middle of our year is a disaster, again, to the taxpayers of this township. Unfortunately, all our trips to Albany, that have made as Supervisors have fallen on deaf ears, and we're still trying to get, at this point, an accounting of exactly what we're going to receive in aid to Southold Township, but at this time, because of where the budget deliberations are, we still don't know exactly whether we're going to lose three quarters of million dollars, we're going to lose a half a million dollars. My guess is that it's going to be closer to the whole amount, continuing on what the budget had been presented by the Governor, which was a total elimination of aid to muncipalities. I just find that deplorable in this day a'nd age, when there are certain programs that are so needed, that they shift it down to a local level to try to fund it, and that's basically all I wanted to say before we go into a public hearing. Councilman Penny? COUNCILMAN PENNY: I'd just like to briefly report, last Thursday I was the invited guest speaker at the NJROTC Acheivements dinner. It was held annually. It was at Brasby resturant, and it had all of the members from the three schools, from Mattituck-Cutchogue, from $outhold, from-Greenport, that participate in the NJROTC Program. It was quite an honor to be asked to speak to them, and there were about 180 people present, which included the kids, the staff, a lot of .the people from the schools, and their families. Just like to compliment, there was one cadet there, that really, really was outstanding. He really stood out head and shoulders above. As it happens there's always one cadet that seems to reap most of the honors, and I think it's quite an honor that he has received a three year ROTC scholarship at Cornell University as a result of his acheivements, and he is a young fellow from Mattituck named Robert Scott, Jr. So, if you ever run into him, or his parents, please compliment him on work that he's done. On Saturday it was pleasure to attend the retirement dinner for our ex-Chief of Police Dan Winters, was held at Tolendal Resturant. There were several hundred people in attendance there, and I represented the Town of Southold, and we read a proclamation to Dan, which we'd given him back in December. We all wish Dan a lot of luck, and God speed in the future. He's got a house up in Maine, and he'll be spending a lot of time up there, between there and Southold Town. Thank you. SUPERVISOR HARRIS: Thank you. At this time, we have two public hearings scheduled, and I need a motion to recess. Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED thata 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 Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Reconvened at 4:40 P.M. SUPERVISOR HARRIS: At this time would the Board like to deliberate on the two Local Laws, that we just had the public hearings on? The first is Local Law No. 11, a "Local Law in Relation to Shellfish". JUNE 4, 1991 473 28.-Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law NO. 11 - 1991 entitled, "A Local Law in Relation to Shellfish", was introduced at a meeting of this Board held on the 21st day of May, 1991; and · WHEREAS, a public hearing was held thereon by this Board on the 4th day of June, 1991, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 11 - 1991 be enacted as follows: LOCAL LAW NO. 11 - 1991 BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 77 (Shellfish} of the Code of the Town of Southold i hereby' amended as follows: 1. Section 77-205(C) is hereby amended to read as follows: Churning by power may not be employed in the taking of soft clams on land below high-tide line in town waters. II. This Local Law shall take effect upon its filing with the Secretary of State. 28.Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Otiva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Councilwoman Latson, seconded by Justice Edwards, WHEREAS, a proposed Local law No. 12 - 1991 entitled, "A Local Law in Relation to Dog Prosecution", was introduced at a meeting of this Board helc~ on the 21st day of May, 1991; and WHEREAS, a public hearing was held thereon by this Board on the 4th day of June, 1991, at which time all interested persons were given an 'opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 12 - 1991 be enacted as follows: LOCAL LAW NO. 12 - 1991 A Local Law in Relation to Dog Prosecution BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 38 (Dogs) of the Code of the Town of Southold is hereby amended as follows: 1. Section 38-4 (Summons; arrest warran;O is hereby amended to read as follows: Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before his. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant, for the arrest of such person. The prosecution of any complaint, information or action brought pursuant to this section shall not be the responsibility of the Town Attorney. II. This Local Law shall take effect upon its filing with the Secretary of State. 29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. COUNCILWOMAN LATSON: Scott, in regard to Number 11, I think I was the first Town official to be aware of it. I met with Mr. Herbert at his house, and contacted Jay Bredemeyer, who followed up on it. So, I'm pleasedto see such quick response by the Town. SUPERVISOR HARRIS: Thank you, Councilman. At this time, are there any members of the audience, that would like to address this Town Board on any matter, that you feel is important to us? (No response.) I'll entertain a motion to adjourn. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:45 P.M. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry~/~ Southold Town Clerk