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TB-11/28/1995
4® SOUTHOLD TOWN BOARD NOVEMBER 28, 1995 ' WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J . Lizewski, Councilwoman Alice J . Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9 :20 A.M. - Neboysha Brashich, Chairman of the Transportation Committee, met with the Town Board to advise that the NYS-Department of Transportation has notified him that the Seaview Trails project application is not complete and they would like a resolution from the Town allocating $16,000 as a matching grant for the ISTEA grant funds. The .Town Board agreed, as long as wording is incorporated in the resolution (25) stating that the funds are being allocated provided the project goes forward. 9 :40 A.M. - The Board discussed with Senior Accountant John Cushman the request of Justice Evans to pay Alan Thibodeau for ,his 1995 services as Deputy Emergency Preparedness Coordinator for Fishers Island. Mr. Cushman informed the Board that the commitment was made when the 1995 Budget was prepared in the fall of 1994, but when the resolution appointing Mr. Thibodeau was adopted it did not provide for the proposed$1,,.500 compensation. The Board agreed to correct the oversight - see resolution 26.----Resolution 27 was put on the agenda to draw on the Letter of Credit for Wild Oats subdivision if it is not renewed by Noon on December 6, 1995.----Board reviewed and revised the proposed press release and application for the Southold Town Grant Program.----The Town Board spent a considerable amount of time reviewing the revised Table of Uses for commercial properties line by line. At the conclusion of the review they agreed to meet and finalize the changes at 4:00 P.M. , Thursday, December 7th.----Councilwoman Oliva presented a proposal from Cameron Engineering, P.C. for Mobile Welding to make certain modifications to the drainage from the above grade gravel trap at the Scavenger Waste Treatment Facility (resolution 28) .----Board agreed to the reappointment of William Cremers to the Southold Town Planning Board (resolution 29) , and Robert Villa to the Southold Town Board of Appeals (resolution 30) .----Board set 3 :00 P.M. , December 7th for interviews of applicants for the Conservation Advisory Council vacancy.----The next matter for discussion was the Alarm Systems Law of the Village of Greenport. The law is very similar to the Town's Alarm Systems Law, but the• licensing authority is the Village Board; and they do not have fees for the initial application or annual renewal, and the false alarm fees are to be paid to the Village. Supervisor Wickham will contact the Village Board seeking common ordinances that relate to providing police services. This will be discussed again at the December 12th Work Session. 11 :55 A.M. - Solid Waste Coordinator James Bunchuck met with the Board to advise them that the final results of the soil testing at the Fishers Island Metal Dump show that all the test samples are below regulatory levels. Justice Evans will discuss with the contractor screening the soil and leaving it in the pit.----The Draft Closure Investigation Work Plan for the Southold Landfill was discussed. The NYSDEC's letter of November 3rd .presented comments which must be addressed. Dvirka and Bartilucci advises the DEC's comments are reasonable and will not require significant additional work for the investigation, and they will be able to incorporate the changes in the draft workplan and prepare and distribute the final workplan for $2,000. Town Board agreed to accept the proposal and placed resolution 31 on the agenda to do so. NOVEPJIBER 28, 1995 41 12:25 P.M. - Board reviewed a memorandum from Senior Accountant Cushman recommending that the title of an EISEP Aide should properly be Home Health Aide (resolution 32) .----Board reviewed a resolution to authorize certain officials to attend the Association of Towns in February, 1996 (res'olution 33) .----Resolution 34 was placed on the agenda accepting the recommendation of the Board of Assessors with regard to a reduction of assessment in a certiorari proceeding.----Board placed resolution 35 on the agenda authorizing a lease with Randall J . Feinberg for winter storage of Town equipment. EXECUTIVE SESSION 12 :35 P.M. - On motion of Councilman Lizewski, seconded by Supervisor Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd.----The Board discussed a personnel matter, a lawsuit, and. a 7c6ntractual agreement. that is in dispute. 1 :25 P.M. - The Town Board reviewed the resolutions to be voted on at the 4 :30 P.M. Regular Meeting. 1 :35 P.M. - Barbara Sommers, Executive Director of the North Fork Women's Resource Center, and Executive Assistant James McMahon, met with the Board to discuss funding for the center. Mr. McMahon advised that Suffolk County rejected the 1995 funds for the center which were slated to come from Community Development monies: Ms. Sommers said the loss of the $4,300 will affect the COOL Program, and asked the Board to consider the funding from another account. Supervisor Wickham asked Ms. Sommers to submit a written request for the Board's consideration. 1 :55 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on November 28, 1995, at the Southold Town Hall; Main Road, Southold, New York. Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J . Lizewski Councilwoman Alice J . Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Do I hear a motion of the audit of the bills? Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $394,756.24; General Fund Part Town bills in the amount of $11,768.51; Community Development Fund bills in the amount of $445.18; Highway Fund Whole Town bills in the amount of $17,824.06; Highway Fund Part Town bills in the amount of $34,349.62; Ag Land Development Rights bills in the amount of $8, 193.25; Lighting/Heating Capital A/C bills in the amount of $21 .95; Employee Health Benefit Plan bills in the amount of $27,158.44; Fishers Island Ferry District bills in the amount of $17,998.65; Refuse E Garbage District bills in the amount of $65,157*.06; Southold Wastewater District bills in the amount of $16,683.67; Fishers Island Sewer District bills in the amount of $914.17; Fishers Island Ferry District Agency & Trust bills in the amount of $931 . 18. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 42 NOVEMBER 28, 1995 Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the November 14, 1995, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: The next Town Board meeting is scheduled for two weeks from today. That's Tuesday, December 12th, and the agenda says 7:30 P.M., but that's being changed to 4:30. So, there will be today, two weeks from today, and two weeks after that, that the meetings will all be at 4:30 in the afternoon. Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, December 12, 1995, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have before us today one public hearing at 5:00 o'clock. I . REPORTS. 1 . Southold Town Trustees Monthly Report for October, 1995. 2. Southold Town Police Department Monthly Report for October, 1995. 3. Southold Town Planning Board Monthly Report for October, 1995. 4. Southold Town Community Development Monthly Report for October, 1995. 5. Southold Town Program for the Disabled Events for October, 1995. 6. Southold Town Program for the Disabled Events for November, 1995. Il . PUBLIC NOTICES. 1 . Corp of Army Engineer, New York District, application of Estate of Rita Bauer to install float, a hinged ramp and a fixed pier, and to replace bulkhead and place clean fill. Project located at Goose Creek, Southold, New York.' Comments to be received by November 28, 1995. Ill . COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1 . 5:00 P.M. , on a proposed "Local Law in Relation to Lot Creation and Merger". V. RESOLUTIONS.' SUPERVISOR WICKHAM: We have a series of resolutions on the agenda, the agenda that I hope you all have. There are some thirty-six resolutions. During the day we had a series of items, in the morning actually, until the early afternoon, and you probably got copies of that in the order of business that was conducted, and left at the back of your agenda. The two things that are not on our agenda in the resolutions that we're going to take up, that I'll mention briefly. One of them has to do with the Transportation Committee. The Chair of that committee met with the Board at 9:00 o'clock this morning, and outlined their plans, and the plans of the Town to move ahead with a system of sea view trails, three separate loops of trails in the town, at different locations in ' the town, for bicycle and recreational trails. There is a proposal for the Town to finance $50,000 worth of work on those trails, some $34,000 have already been approved by 1995 NOVEMBER 28_ !L943 t the Board, and today there was a request for an additional $16,000 to make up that $50,000. With that $50,000 in place the State of New York is poised to put in $200,000 to make a total of $250,000 to make these scenic trails a possibility in the Town of Southold. Later in the day the Board reported on the work of the Planning and Zoning Committee chaired , by Joe Townsend, and the Committee has conducted a series of meetings with the Planning Board, the Zoning Board, the Building Department, the Town Attorney, and our Board, to reconsider the zoning classifications and the uses permitted in those classification particularly in business zones in the town. We've been conducting these reviews for quite some time now. I guess it's been, Joe, at least six or eight months? COUNCILMAN TOWNSEND: Started in March, and ended in August. SUPERVISOR WICKHAM: Started in March and ended around August, and there were two or three reasons for doing this, and I just wanted to summarize them very briefly to you to give you. .we're not reporting on this tonight. There are no resolutions on it tonight, but I thought it was important for the public to have a sense of where the Town is coming from, and where we hope to go with this work. It stems in part from two policy resolutions, that the Board adopted last Spring, and those policy resolutions are, one, to encourage additional growth and development in around the existing hamlet centers, so as to keep open the open space in between them. The second policy resolution was to consider legislation and steps that would keep Route 48 open, to keep it as an express route from one end of the town to the other, and to keep the attractive vistas and the landscapes along for people who drive along that road, to keep Route 48 open. The Board felt that there is considerable potential for strip malls,and growth and development along Route 48, that would interfere with this policy, so we began the review by looking at the commercial properties so far undeveloped along Route 48, and later Route 25. As a result of that the series of meetings with the Zoning Board, the Planning Board, and everybody else, we have taken a look at the uses permitted in the various business districts, and there are lots of commercial type districts. There's industrial. There's light industrial. We have business. We have hamlet business. We have light business. They are all kinds of different business zones. We found a lot of anomalies, and a lot of questions about how they could be developed consistent with these policies. This also is an effort on the part of this Board to put the Zoning Map, and the Zoning Code closer in conformity with the goals and objectives of the Master Plan. We'll be reporting that in the coming weeks, I hope. It's an important piece of work, and of course, the public will have ample opportunity to comment on it at public hearings, and elsewhere. With that brief comment about our meeting this morning during Work Session, I think we are, ready to take up our resolutions. We have some thirty-six resolutions. This an opportunity for the public to address the Board, up to five minutes, on any one or more of these resolutions that are before us. Are there any takers out there? (No response. ) Anyone in the audience who would like to address the Board on any of these resolutions? (No response. ) Going, going, gone. We're ready to start. I .-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1995 Budget to provide appropriations for office supplies for the Tax Receivers' Office: To: A1330.4. 100. 100 Tax Collection, Contractual Expenses $ 600.00 Office Supplies, Stationary From: A1330. 1 .300.100 Tax Collection, Personal Services $ 600.00 Seasonal/Temporary Earnings I .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 44 NOVEMBER 28, 1995 2.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 1995 Budget to appropriate funds for insufficient Town Attorney budget lines: To: A1420.4.500.100 Legal Counsel $ 5,414.00 From: A1420.1 .100.100 Town Attorney, Personal Services $ 5,414.50 2 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board hereby modifies the General Fund Part Town 1995 Budget to appropriate funds for the over-expenditure of funds for a Planning Board temporary employee: To: B8020.1 .300.100 Temporary/Seasonal Employee $ 27.43 From: B8020.2.200.300 Other ,Equipment/Capital Outlay $ 27.43 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, ; WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 28th day of November, 1995, a Local Law entitled, "A Local Law in Relation to Stop Signs"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, December 12, 1995, Southold Town Hall.. 53095 Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Stop Signs BE IT ENACTED BY THE Town Board of the Town of Southold as follows: I . Chapter 92 (Vehicles E Traffic) of the Code of the Town of Southold Is hereby amended as follows: 1 . Article III, Section 92-30 (Stop intersections with stop signs) is hereby amended by adding thereto the following : Direction At Inter- Location Stop Sign On of Travel section With (hamlet) Jacob's Lane North North Bayview Road Southold Jacob's Lane South North Bayview Road Southold North Bayview Road -East Jacob's Lane Southold North Bayview Road West Jacob's Lane Southold 2. Article III, Section 92-32 (Yield intersections) is hereby amended by deleting the following : Direction At Inter- Location Yield Sign on of Travel section with (hamlet) Jacob's-Lane' North North-Bayview-Rose! -Seatheld II . This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. 'I.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. NOVEMBER 23, 1995 45 5.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a seasonal Clerk Typist for the Board of Assessors, 35 hours per week, $6.82 per hour, for the period of December 18, 1995 through January 10, 1996. 5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Data Control Supervisor Jeanne Ruland and Data Equipment Operator Mark Gajowski to attend the Microsoft Strategic Product Briefing, at the Long Island Association Conference Center, Commack, N.Y. , on Tuesday, January 9, 1996, from 8:30 A.M. to 5:00 P.M. , and mileage reimbursement and lunch shall be a legal charge to the 1996 Central Data Processing Budget. 6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.- Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1995 Budget to allocate funds for computer maintenance in the Central Data Processing budget: To: A. 1680.4.400.350 AS/400 Maintenance $ 1, 100.00 From: A.1680.1 .200.100 Part-time Personnel $ 1,100.00 7 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 8.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pat Perretti Freight Service, Inc. for the removal and disposal of Household Hazardous Waste from the Southold Town Collection Center for calendar year 19961 all in accordance with the bid specifications, and their bid proposal. 8 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 9 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Accountant John Cushman and Personnel Assistant Barbara Rudder to attend an Empire Plan Regional Meeting on Friday, December 1, 1995, from 10:30 A.M. to 12:30 P.M. , ' at the Town of Brookhaven Office Complex, Medford, N.Y. , and the necessary expenses for travel, using a Town vehicle, and lunch, shall be a legal charge to the Accounting 6 Finance Department's 1995 Budget. 9 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 46- . NOVEMBER 28, 1995 10 .-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute agreements between the Town of Southold and the following individuals for the Winter 1996 Recreation Programs, all in accordance with the approval of the Town Attorney: Lisa Baglivi (watercolor)................................................................... $25/ our Thomas Boucher (guitar).................................................................. $20/hour Eugenisa Cherouski (folk dancing)............................... $.................... 16 our George Constantinidis (miscellaneous seminars).............................. $12/person Cornell Cooperative Extension (babysitting)................................... $150 program Custer Institute (miscellaneous seminars)......................................... $20 person East End Insurance Services (defensive driving)................................ $35 person Tom Fox (cartoon drawing).............................................................. $24/class Hidden Lake Farms (horseback)........................................................ $175/person Linda Knoernschild (teen nights)....................................................... $16 hour Eleonora Kopek (arts & crafts)........................................................... $17/class Theresa Marmo (parent/toddler)....................................................... $30/parent Mattituck Lanes (bowling).................................................................. $32/person Genie Portillo (BABES ro ram P g )....................................................... $225 program Theresa Pressler (youth program) ............................ $17/hour Martha Prince (step aerobics)............................................................. $20/hour Jeanne Ruland (aerobics).................................................................... $20/hour Sam Smith (youth basketball)............................................................. $15 our Steve Smith'(weight training).............................................................. $17/hour Steve Smith (basketball/volleyball night)........................................... $20/class U.S. Coast Guard Auxiliary Flotilla 18-8 (adult boating).................. $20/person $25/couple Dorothy Wolf (bridge)........................................................................ $25/hour Mary Van Deusen (line dancing)........................................................ $30 our 10 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 1 1 .-Moved by Councilman Townsend, seconded by Justice Evans, it .was RESOLVED that the Town Board of the town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute Private Well Covenants and Restrictions for the Southold Town Human Resources Center, Pacific Street, Mattituck, N.Y., as required by the Suffolk County Department of Health Services, all in accordance with the approval of the -Town Attorney. 11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. NOVEMBER 28, 1995 4 12 . -Moved by Supervisor Wickham, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 28th day of November, 1995, a Local Law entitled, "A Local Law in Relation to Notice of Public Hearings"; now, therefore, be it RESOLVED that the Town hereby transmits this Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. This Local Law reads as follows, to wit: A Local Law in Relation to Notice of Public Hearings BE IT ENACTED, by the Town Board of the Town of Southold as follows: INTENT: The intent of this law is to ensure that citizens are given notice of public hearings on actions which will affect a specific parcel of property. All boards will provide notice via newspaper, posting and mailing to adjacent owners._ This oroc�,ss will ensure uniformity in orocedures of the various boards and commissions. I. Chapter 14 (Local Laws, Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 146'is added as follows: 6, Rezonings Prior to adoption of a local law changing the zoning of specific parcel(s) notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1 Providing Notice of Public Hearings Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application is complete the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time date place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the aoplicant to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The aoplicant or his/her agent shall file an affidavit that he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in the application. Such notice shall be made by certified mail, return receipt requested posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that he has complied with this provision. 48 N©VEMBER 28, 1995 III. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby amended as follows: 1. Section 97-24.B is amended as follows: B. Hearing. Upon receipt by the Trustees of the report of the conser- vation Advisory Council, the Trustees shall hold a public hearing on such application �+peret-less-t# aa-tare 8)-days'aetisz;te-be phis#red-+n-eae-(1 -e ereewspaper-s-havlr-g-a-Q erne raJ_4f:Gulat+ea iR-the-tewR. Notice shall be provided pursuant to Chapter 58 IV. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-254.H is amended by adding the following: H. e-Alataa+r�gBeaetertir�esaa-pbbEie hear+ag-iseeessa�-+t s#ali GGhedale-aad-aeld-the-same-Net+se-,# U--be-g+veR-aWeast4eR (-1�}-days-ptier-to-tf�e-date-9f-sesk�-hear-;rag-#y-peb l+eatiea-ia-t#e-e#+s+al tewR-RewspapeF. The Planning Board shall hold a public hearing to consider the application Notice shall be provided pursuant to Chapter 58. 2. Section 100-254.1 is hereby deleted as follows: �- The aapp4eaPA-,gall;-4a}�se4ifie4-mail,-plve-at-leas;-tef4_(19) day__!_ 3GgGe efsaid-p6ibli eaFiRg4e-all-adieiaiRg-pFeper4"wfleFs-w{thi,tea-five- handFed-fe$t-radius-gf4he-pFepesed-pFejeet- 3. Section 100-254.J through Section 100-254.N are hereby renumbered 100-254.1 through 100-254.M. 4. Section 100-275 (Notice of hearing) is hereby amended as follows: A. In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 58 iR-add441GR-?e t etiee sush#eaFiF;g-FequiFed-b law-a-wFi4eR-aetise-seataiFiRg the-fellewiRg+afGFMatiGR-sha4-be-r eRt-igy4 "eFsep pe44GRiR@-surh l�eais-agent;�eitlaeF-seFti€red-er-FegisteFed-mail;-to-eves GwReF-s#-pFepeFt-y4Fnmediatety-a4djaeeRt 4heFete-4R-the-ev pet+tieFreF-ergs er-lpas-ara�+r�teFesNF� aFpFepeF -iedlat.ety 'adjaser�t-tst�e-pFapeFty-w#pis#�-is-tk�e-sr:+bjest-ef-suel�e�tler�;-t#�efl r r4#eR41(3,4i hall-alse-be-QlveR-te-he--GWReFS ef-t#e-pFepef4y adjaseF}t-te-sust�-e�eF-pFepeF#y-sf-tl�e-pet-ilieReF-der-t#ae-par�ese-a€ tI4i6�estiGR,.tlae-werds"ewr3el-LeF-"prepeFty-ewRef"MeaR the 9 "Rer as sbewR-eF�e-s�rFfeRf-assessa�eF}well-e�t#�e-T-ew+a-g€-�eut�eld--fie Fr94Ge-FequiFed-ley-this-sestieR-shaft-be-Fnailed-la}-the-pet44GRer-, eF-lots agent;wit#iR-five-�5}-days-pFesediRg-tie-filiF}ge€-the-petitieR-iR-the �9wR-CIE F -9 f}6e-Rfe9 -9f-F gGf-6UGh-RGfiGes4i-the-fGFRi e�3 eweFR Stater:ReRt-steall-be-filed-jMtla-# -Tewp,-SleFk-at �f—f4+Rg of floe-petitieR:-9k4Gh-RGke-E;hatl GGR'taip the-fellewiRg-4pfoR:Rafiop NOVEMBER 28, 1995 49 (4-} A-stateMeRt tit-the-petitivRer-pFGpeses-te-apply-tG4he-9ear-d-e€ Appeals-ef-the-T-G; ef-Se1Aheld-fer-a-vat4GRGe-speeial-e GeptieR; special-permtt��ether-specified-Fel+e€;a� the heeGase-may-be- (� A-dessrp#+eR-s�+#l6ieRt-te-ideRtifhe prepery whisl�is-the�ubjest e�-tie-pet�t+eR- The-zeR"i6tr+st-slassifisatieR-ef---U6h-preperty- (4) A-Betaile meRt-e€ Ae-re44-5 ught-by-th"etitieRer- (5) The-prGYiaieRs-ef-the-Z-eRiRg-L-aw-applisable-te-the relie€-seught lay-th�petitieRer. (9) A-statetReRt-t at;wit#ipAve-(5) dam mush-pet+tieR-w+l�be fled iR the Seuthe4 n-94eFI' GMGe M-MaiR4;�Ga47-Sei4theid New Y4rl,, and ex MiRed4uriRg4egular-Gffise-4Qurs- (74 A State F;eRWhat a-public-hearing-with-respect te-sush-petitieR must-fie-field-by--the-beard-a€-,4p peals-ef-t#e�ewa--s€-Seutl3eld befsre-tie-rel+e€-seuQht-saR-be-graRted�hat-the-pereeR4e-wheFa the-Ret{6e-is-addressed;-er-hls-repr-eseRtat+ve;#a&4he4 @ht4e appeaFand-�e-k�eard-at�uel�-hear�Rg;and-that-�Re#sue€-�us'� hearing-w+ll-be-publa shed�R-the-ef#4eial-tewR-Rewspaper-Ret4e&s than f,.,e (5) days-pr4er-te sueh-pub4G6 earing- 5. Section 100-292 is hereby amended by adding the following: D. In addition to the above notice requirement prior to holding a public hearing on the rezoning notice shall be orovided pursuant to Chapter 58. V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is hereby amended as follows: I. Section A106-23E(1) is hereby amended as follows: E. Hearing and action on preliminary plat. ` (1) Within forty-five (45) days after the receipt of such preliminary plat by the Clerk, the Planning Board shall hold a public hearing there- on, which shall be advertised-aWease eRee-at4east-4�-days befere-Gush-hearing provided pursuant to Chapter 58 2. Section A106-24E is hereby amended as follows: E. Public hearing. Within forty-five (45) days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board thereon, whiek� s#iall be advertised-at-least GRGeat-least-five-(5) day s-befsre-such-hearing notice of which shall be Provided pursuant to Chapter 58: provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirements for such public hearing. 50 NOVEMBER 28, 1995 VI . This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Strikethrough represents deletions. SUPERVISOR WICKHAM: The purpose of this is to provide a. systematic method of public notices and advertising for public hearings, that the Town Board, the Zoning Board, the Planning Board will all adopt in more or less the same format in the same way, and we'll be sure. that people in the community have every opportunity to {know that their properties are adjacent to, or close to a property for which a public hearing has been scheduled. 12 .- Vote of the Town Board: Ayes: Justice Evans,. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc. to pay hospital bills on behalf of employee Robert Neudeck, which bills were submitted by the hospitals more than 90 days after service was provided. 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1955 Budget to appropriate funds in the Central Data Processing budget: TQ: A.1660.2.400.430 Printers $ 530.00 A.1680.2.400.450 PC Peripherals 960.00 From: A.1680.2.400.440 Personal Computers $ 1,400.00 A.1680.4.600.200 Meetings 8 Seminars 90.00 Ill.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 15 .-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the Town of Southold and Frank Polistens, D/B/A American Exteriors, Mattituck, N.Y. for the construction of an addition (Community Service Training Office) to the North Fork Housing Alliance Building, at 116 South Street, Greenport, N.Y., as per the Notice to Bidders, dated October 12, 1995. 15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the General Fund Whole Town 1995 Budget to provide for a transfer of funds in the Central Data 'Processing Budget: To: A.1680.4.400.350 AS/400 Maintenance $ 1,100.00 From: A.1680.14200.100 Part-time Personnel $ 1,100.00 16 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution .was duly ADOPTED. NOVEMBER 28, 1.995 �1 17.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Accountant John Cushman, Personnel Assistant Barbara Rudder, and Clerk Connie Solomon to attend the 1995 Year-End Serninar by Business Records Corporation, on Thursday, December 14, 1995, from 9:30 A.M. to 3:30 P.M., at Babylon, N.Y. , and the necessary expense for travel, using a Town vehicle, shall be a legal charge to the Accounting & Finance Department's 1995 Budget. 17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 18 .- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the purchase of one (1) used payloader for the Solid Waste District, all in accordance with the bid specifications. 18 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 19 .- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids from the following vendors for the purchase of Food Items for the Southold Town Human Resource Center for calendar year 1996, all in accordance with the bid specifications: Group A, Canned Vegetables Rob's Food Service Group B, Canned Fruit Rob's Food Service Group C, Beverages Rob's Food Service Group D, Cereals, Pasta, Misc. Rob's Food Service Group F, Baking Supplies, Spices Rob's Food Service Group G, Soups, Soup Bases, Sauces Landmark Food Corp, Group H, Desserts, Gelatins, Fillings Rob's Food Service Group I, Frozen Items Rob's Food Service except Breaded Chicken Breasts, Breaded Landmark Food Corp. Flounder, Fish Cakes, Tilapia Filets Hamburgers Group J, Fresh Produce Rob's Food Service Group K, Dairy Eggs, Country Crock, Sour Cream, Ricotta Rob's Food Service Whipped Cream;' Butter, Margerine, Mozzarella Cheese, American Cheese, Grated Cheese, Parmesan Cheese Landmark Food Corp. Group L, Fresh Meat Landmark Food Corp. except Bacon, Chicken Rob's Food Service Group M, Prepared Meat Landmark Food Corp. 19 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. NOVEMBER 28, 1995 20.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 1995 Solid Waste Management District Budget as follows: From: SR.8160.4.400.805 MSW Removal $ 36,524.39 To: SR.8160.4.400.810 C&D Removal $ 30,000.00 To cover CED Removal SR.8160.4.400.815 Scrap Tire Removal 4,000.00 . To cover overdrawn scrap tire ,removal line as well as anticipated costs through end of year. SR.8160.4.400.700 Equipment Rental 524.39 To cover overdrawn equipment line. SR.8160.4.200.100 Telephone 1,000.00 To cover overdrawn telephone line as well as anticipated costs through end of year. SR.8160.4.400.250 Computer Software Support 1,000.00 To cover back payments on scalehouse computer software support. From: SR.8160.2.400.700 Forklift $ 4,000 .00 SR.8160.4.400.840 Hazardous Waste Removal 2,000.00 To: SR/8160.4.100.600 Misc. Equipment Maintenance $ 6,000.00 To cover needed maintenance on recycling transfer trailers. Forklift and hazardous waste lines are in surplus due to lower than expected expenses. From: SR.8160.4.100.570 Maintenance - Payloader #2 $ 200.00 To: SR.8160.4.400.650 Payloader #2 Repairs $ 200.00 . To correct posting error. From: SR.8160.2.500.200 Garage S Shop Equipment $ 365.47 To: SR.8160.2.200.400 Computer Equipment $ 365.47 To cover overdrawn line. From: SR.8160.4.400.820 Plastic Removal $ 1,341 . 12 SR.8160.4.400.830 Mixed Paper Removal 1,472.90 To: SR.8160.4.400.830 Miscellaneous Supplies $ 2,814.02 To cover overdrawn line and pay for purchase of employee work gear (rainsuits/shirts, etc. ) . Funds from plastic and mixed paper lines are direct savings as a result of Town workers sorting and hauling these recyclables to vendors. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby promotes John F. Raynor to the position of Public Safety Dispatcher III from the Suffolk County Department of Civil Service Certification of Eligibles, effective immediately, at a salary of $37,140.45 per annum. 21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I would just like to comment that this promotion does not involve a change in salary. NOVEMBER 28, 1995 53 22.-Moved by Supervisor Wickham, seconded by .Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of . Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a Service Agreement between the Town of Southold and Lawrence Healthcare Administration Services, Inc., for processing all medical and managed care benefit claims in respect to to the Town's self-funded Health Care Benefit Plan, at a fee of $9.45 per employee per month for medical, and an additional $1 .75 per employee per month for a managed care program, for the period of January 1, 1996 through December 31, 1996, all in accordance with the approval of the Town's Insurance Consultant William F. Mullen, Jr. 22 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Data Control Supervisor Jeanne Ruland to attend the Long Island Network for Community Telecomputing Conference, at the Riverhead Free Library, from 12:30 P.M. to 5:00 P.M., Thursday, December 14, 1995, and the necessary expenses for mileage reimbursement and lunch shall be a legal charge to the Central Data Processing 1995 Budget. 23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 24.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a Contract Budget Modification to the Community Development Year 21 Program Budget, as follows: (This budget modification replaces Town Board resolution no. 21, adopted on August 22, 1995.) Description Before After Change Housing Rehab. $10,300. $6,000. -$4,300. Human Resource -0- $2,000. +$2,000. Center Improvement Housing Demolition -0- $2,300. +$2,300. Net Change $ -0- 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman, Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 25 .- Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby allocates the sum of $16,000 from Park and Playground funds for implementation of Phase II of the Seaview Trails of the North Fork project, subject tot he reimbursement grant from the New York State Department of Transportation ISTEA funds which will implement the project. 25 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski; Supervisor Wickham. This resolution was duly ADOPTED. 26 . - Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Alan Thibodeau, Deputy Emergency Preparedness Coordinator for Fishers Island, at a fee of $1,500.00, for the period of January 1, 1995 through December 31, 1995. 26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 54 NOVEMBER 23, '1995 27.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to draw upon Letter of Credit posted as a performance guarantee by Wild Oats Subdivision, Peconic, if the Letter of Credit extension is not received by Noon on December 6, 1995. 27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva; Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 28 .- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of MEM Industrial Welding Corp. , Freeport, NY, in the amount of $1,7600.00, to supply all necessary materials and labor for the fabrication and installation of a Gravel Trap Scuttle Drain and Chamber 'at the Southold Scavenger Waste Treatment Facility, all in accordance with the recommendation and approval of Cameron Engineering, P.C. 28 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29 .- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints William Cremers as a member of the Southold Town Planning Board, for a five (5) year term, effective January 1, 1996 through December 31, 2000. 29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30 .- Moved *by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED . that the Town Board of the Town of Southold hereby reappoints Robert A. Villa as member of the Southold Town Board of Appeals, for a five (5) year term, effective January 1, 1996 through December 31, 2000. 30.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. . This resolution was duly ADOPTED. 31 — Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Dvirka and Bartilucci, at a cost not to exceed $2,000.00, to incorporate certain NYSDEC changes in the Draft Closure Investigation Work Plan for the Southold Town Landfill. 31 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 32 .- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby changes the title of Dwayne Farley from EISEP Aide to Home Health Aide., effective immediately, at no salary rate change. 32 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 33 .- Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following elected, or appointed. officials to attend the Annual Meeting of the Association of Towns in New York City on February 18, 19, 20,21 : Supervisor, Councilpeople, Town Clerk, Justices, Town Attorney, Solid Waste Coordinator; and be it NOVEMBEl? 20, 1995 155 FURTHER RESOLVED THAT THE Board of Assessors and one member of the Board of Appeals and one member of the Planning Board shall be granted permission to attend the Annual Meeting of the Association of Towns on a day trip. 33 . -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 34.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the recommendation of the Board of Assessors for a settlement in the Fur & Games certiorari proceeding, as follows: SCTM# Tax Years Assessment 1001-5-3-16.1 1993/94,1994/95,1995/96 11,700 to 8,300 34.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 35 .-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a lease agreement between the Town of Southold and Randall J . Feinberg for winter storage of equipment for the period from December 1, 1995 through April 1, 1996, at a rental of $500.00 per month, not to exceed $2,000.00 per annum, said agreement all in accordance with the approval of the Town Attorney. 35 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. -rhis resolution was duly ADOPTED. SUPERVISOR WICKHAM: That completes all of our resolutions this afternoon with the exception of one, which we may take up after the public hearing. The public hearing is one on lot creation and merger. Do I hear a motion to go into public hearing? Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called 'at this time, 5:00 P.M. , for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Reconvened at 5:25 P.M. SUPERVISOR WICKHAM: We'll go back to our agenda for today. The only remaining item of resolution nature is the resolution of the hearing. Is the Board prepared to go ahead with it? I am, myself. COUNCILWOMAN OLIVA: I am. SUPERVISOR WICKHAM: How do you feel, Alice? COUNCILWOMAN HUSSIE: I don't like this. I'm going to vote, no, if you have a vote on it. SUPERVISOR WICKHAM: Joe? COUNCILMAN LIZEWSKI : I'll vote, no, also. SUPERVISOR WICKHAM: I don't think there is going to be an significant difference by waiting in terms of the way the votes are going to fall on this. This is the first I've known the two of you are voting against it. Do you want to comment? NOVEMBER 28, 1995 COUNCILWOMAN HUSSIE: We were never asked. When this first came up, which was back in April, or May, whenever it was, one of the questions that I asked was, how. many lots are actually going to be created? I was given the answer, we can't possibly find that out. Well, it's up to me, it seems like, it's an important situation. How many of these lots are going to be legally building lots? The other problem that I have with this is, that some of these lots are within the five hundred feet of the coastal, Critical Environmental Area. We haven't addressed that. Our SEQRA process we just said there wasn't going to be any problem at all with that. There is going to be a problem, and it is on those grounds that I don't like it. The other part of it is, that I don't care what the Planning Board says but having the lot created by deed to be recognized by the Town, I mean, what is that? don't like it. COUNCILMAN TOWNSEND: Both the Zoning Board and the Planning Board have recommended, that "we do this, and the reason they recommended it, and the reason they came up with this particular formula is that these are the circumstances on which they allow variances. If requirements are fulfilled basically, then they give a variance. What this does is solve. -people do not have to go through the process of having a variance. Now, I mean, the only penalty in waiting, or not doing it is that, we create more variances, and more hearings, and stuff like that. COUNCILWOMAN HUSSIE: How many lots are we creating? COUNCILMAN TOWNSEND: The same number we created anyway. The exact same number we created anyway. SUPERVISOR WICKHAM: The only difference is that it's a more regular system of permitting, • rather than requiring special legislation for the zoning. COUNCILMAN TOWNSEND: Because if somebody wants a lot, and they qualify with this, they're going to go to the Zoning Board of Appeals, and they're going to get it. This just solves that problem. To make it easier for the public, now, we're going to make them go through this whole thing, and we're going to make more work for the Zoning Board of Appeals. You've got to realize that, you know, these Boards sometimes know what they're doing, and that's why they gave us this. This isn't something ' that came out of our books. SUPERVISOR WICKHAM: Joe, do you have any comments as to your views on it? COUNCILMAN LIZEWSKI : Listening to that merger part, that Mr. Gardner said, is it happened years ago when people had lots merged, people had single and separate ownership were able to keep their lots, and people, who didn't they went by the wayside, and their lots got merged, and they lost a lot of value, and there's a possibility of that happening again in some of those areas in Nassau Point. I also don't like the fact that I don't know how many numbers, and it's really not something that's been really broken. I think people that needed to do this came through the Zoning Board process, and they got it done. You know, it's not broken. have no desire to fix it. COUNCILWOMAN OLIVA: Excuse me, Joe, I would like to disagree that it is broken, and that is why members of the Zoning Board of Appeals, and members of the Planning Board, and Planning staff, came to the Town Board, and asked to have some sort of legislation on the books that clearly spells out lot creation and merger. Before it was purely desk work on their part, and they want something that would be clear to the applicant, and clear to the different boards by which they could decide whether lots were merged or created. COUNCILMAN LIZEWSKI : I think this whole thing is going to cause more trouble than it's worth. I think it's not going to be the answer you think it's going to be. WILLIAM GARDNER: Can I say something about that? The Zoning Board may want to have their work reduced, and everything else, but what about the owner of the property? NOVEMBER 28, 1995 COUNCILWOMAN OLIVA: That's what I'm saying. It's a lot clearer. Mr. Gardner, there's nothing in the Code right now that is going to be of help to you to tell you, yes or no, except that you're on the exempt list. But, for all those other people, if you're not fortunate to be on the exempt list, you have a problem. This makes it much clearer. WILLIAM GARDNER: People go through a gimmick of transferring it to other family members. SUPERVISOR WICKHAM: We've had the public hearing. It's time for the Board to get itself together, and to exchange views among the Board members, so that we can decide. WILLIAM GARDNER: Will you, please, keep me advised? I have been through this thing for six months, and nobody has even gotten in touch with me. First, the exempt items were going to be reinstated, and then they were not. SUPERVISOR WICKHAM: We'll be pleased to be in touch with you. WILLIAM GARDNER: Okay, I'll take your word on it. Don't rush through it. There's a lot of questions on it. 36 . -Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 30th day of May, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter; and WHEREAS, the Town Board held a public hearing on. this Local Law on the 27th day. of June, 1995, at which time all interested persons were given an opportunity to be heard; and WHEREAS, as a result of the public hearing questions and concerns arose, and as a result thereof changes were made to the law which were significant enough to require an additional public hearing; and WHEREAS, the second public hearing was held on the 28th day of November, 1995, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 23 -1995, which read as follows: LOCAL LAW NO. 23 - 1995 A Local Law in Relation to Lot Creation and Merger BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. SErction 100-24 (Lot Creation) is Hereby adopted to read as follows: A. A lot created by deed or town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: 1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. 2� The lot(s) in question is/are approved by the Southold Town Planning Board. 3� The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30 1983. The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. NOVEMBER 28, 1995 B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subiect to the merger provisions of 100-25. 2. Section 100-25 (Merger) is hereby adopted to read as follows: A. Merger. A nonconforming lot'shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. Common ownership shall mean that the parcel is held by the_same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under Sec. 100-24 and meet any of the following_categories shall be exempt from the merger provision set forth above and shall not be deemed merged by, operation of this law: 1) The nonconforming lot has a minimum size of 40,000 square feet, or 2� The nonconforming lot obtained a lot size variance from the Zoninq Board, or 3-) If the lot is not on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from July 1,1983 to date. 4) If the lot is on the maps described in former Section 100-12, the nonconforming lot has been held in single and separate ownership from January 1. 1997 to date. D. Proof of Merger. The Town may require a person seeking determin- ation of merger to provide any or all of the following documents for evaluation: 11) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the Town: 2) A copy of the current tax map and survey of the lot: 3� A copy of the original survey of the lot: 4) A title search showinq single and separate ownership of the prop- erty from July 1, 1983 to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance: 5) -Other additional information or documentation as maybe deemed necessary. E. Effect of Merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with The Building Department will issue a written determination whether a property falls within an exemption to the merger provision NOVEMBER 28, 1995 i 3. Section 100-26 (Waiver of Merger) is hereby adopted to read as follows: A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: 111 the waiver will not result in a significant increase in the density of the neighborhood: '•2) the waiver would recognize a lot that is consistent with the size of lots in that neighborhood: 3) the waiver will avoid economic hardship: 4) the natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. 4. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under 100-24, are Made nonconforming and have not merged pursuant to 100-25 er-sentinued-ire a-state-ef aertseafermaRGe by the-adeptieR-Of-this-Ar-tirle-and4hat-were-siRgly and-separate"wned-as-of4he-effeeti ve-date-ef-th is-Ar-fiel e. B. A-nGRsenfer-ming-1 et-se pa rate ly-ewnedand-net-adjeining-any4et-er land-in-t#ae-saFRe-ewner-ship�.-at-the-effe6tive-date-ePhis AFtiele-and-Ret adjelRiRg-any-let-er-4and4R-the-same-ewnership-at-aRy4ime--661196e- g6jeRt-te-6Ush-date-may-be-used7er-a-bui lding--structure-r-x�ay-be-eFee- ted-eR-such-let-fGr-use,-iR-a6serdaRse-with-al{-the-ether-applicable prev4sioR6-ef-this-shapter—prev-ided-that-pFeef-ef-such-separate-ewfler- ship-+s-sdbmitted-iR-the-farm-ef-an-abstract-ef-title-shewiRg-the changes-ePitle-te-said-let which-ab&trast-shall-be-iR-the--usual-ferm; shall-be-certified-by-an-atteFr-ley-er--a-sempany-FegulaFly-deiRg-SUGh weFk4R Suffel"aunty-eF-by-a-eerper-atieR-duly licensed-to e amiRe and-enE;uFe-title-te-real-preper-ty iR-Suffelk-seunty-and-shall-sentain-a cer-tifieatieR4hat-ne sentigueu6-pr-eper-ty-was-awned--by-aR-ewRer-ef-4he prepeq-iFwetved-since-the-date-ef-aRy-pFevieusly-applicable-ZeRiRg Law. Such lot shall be gMRted-Felief-feF-front-side-and-FeaF-yard--dimeR- slens as flows required to meet the following: Yard Area Lot Front Side Both Sides Rear (sq. ft.) Coverage Width Depth (ft.) (ft.) (feet) (feet) 120,000 to 199,999 10% 75 30 60 85 100,000 to 119,999 10% 75 30 60 85 80,000 to 99,999 15% 60 30 60 85 40,000 to 79,999 20% 60 20 45 75 20,000 to 39,999 20% 4-20 4-40 40 15 35 50 4"90 Less than 20,000 20% 80 1-00 35 15 25 35 60 NOVEMBER 28, 1995 G. IR4he case-of s+agle-an"epar-ate-ownership-ef-a-fleReenfermiRg-let located-in-a-subdlvisien-plat;approved-after--Apr4l-9--1-957—by-the P4anniRg-Beard�f4he-T-ewn-ef-Seu the ld-and--fiI ed-with-the-Gaunty GIeFl,Gf-SUffG4�-Geunty;r-elief-fer-all-frent.side-and-rear-yard-andarea dimensions-shalt-b"MRted-te-the-extent-tha"gsh-freRt,side-and-rear yardandafea-dimensions-were-requir-ed-at-the-time-the-ma p-was er-iginally�-fed-�lth-the-Bounty-S-lark-s�S uffell�Seunty. 5. Section 100-12 (Exceptions) is hereby deleted in its entirety, as of January 1, 1996• All-ef-the-lets-GR4he-fellewing-subdivisien-maps-shall-be-excepted-fr-em-the let-area-and-let-Width-requirements-ef-this--chapter-and-the-let-areas-and let-widths-applicable-to raid-lets-stealI-be-as-&hewn-and-designated-en-said subdi-vlsien-maps:Green-Acres;Stratmer-s,Mar-ien-Maner;GJeaves-P-eint, Se6tien-I1;Ferdhara-Ages;-Bastian-I;Ferdham-Asres;--geGtien-ll;�terliRg Homes;€astern-Sheresr-SeGtien-I;€astern-�;heres;-geatien-ll €astern ,%her-es,eatien-N4l;€astern--8her-e"eGtien-IV;€aster-n-Sheres;-seGtiGn V- -Seutheld-Sher-es;Senny�heres;-Meese--Geve:,--Nassau-P-eint;Beer- PaFk!Village-Ma-nGr;G-1.—T-uthilJ;€dgemere-Par-l�-Willew-Ter-rase;, Seund6rest-Weeds;6ardiners-€ay-€state"eGtier4-Ifl;Harvest-Heroes; Sestler44;-13ayview�lleeds-€states;Willew-P-eint;Har-ber-Lights-€states; Section-l;-Terry W ters;Say-Haven;Ger-ey-Gr-eel-€states;W-erWrmek €-states;Northwood&;vista-Sluff;-Jackson&-banding;l3ennett'-s-Pefld; Reseweed F=rtat°s-Sunset-Knells,--gestien-l"mithfield-Par-IE P-ar-adise Reint;Harbor-l=fights-€state"eGtiOR-ill HHighweed-Nunnakoma--Water-s; Yennesett-Park;Bswnsview;-Seuth-Harbor Hemel;Peeeni"here&; SeGtien-I-PeeeRiG-Hemel;Sestien-I-Peeenie-Hemes--SeGtien-Il;Peeenie Bay-Oaks;babrel-Gauntry-€states;Or-ieRt-by-the--Sea-Section-ii,Gleaves PeiRt;�eGtieR-ltl- 6. Section 100-32 (Bulk, area and parking regulations) is hereby deleted in its entirety; Ne-buildiRg-er-premises-shalkbe-used-and-ne-building-er-part-th-weef-shall be-erected-or-aftared-in-the-Agr-isul tura I-Genserva ties-B istriGt-and-iR-the l=ew-DeRsity-residential-R--39-P istr-iet-uniess-the-same-senfer�ns-te-the Bulk-Schedule-and-Rarking�ehedule-inser-perated-inte-this-chapter-with the-same-force-afld-e#egt a6-if-sueh4egulatiens-wer-e-set-ferth-her-044R fulf,as-welt-as-te-the fellewing-bulk-and-parking-requirements: A- Jn-the-sa&e-ef a-let-hewn-single-and-separ-ate-ewner-ship-pr-ier-te Ne-vember 23,197-1,and-thereafter,—with-an-area-ef less-thaR-ferty th9usand-(4 909)-69uare-feet;-a-single-family-dwelling-may-be-eeR- strueted4hereen,-previded-4hat-the-requirements-ef-Gelu►an-vii-ef4he Bulk-Sshedi+le-and-the-P-ar-king-Seheda le-ineerper-ated-ia-this-chapter are-sempNed-wig B-- T-he-bwi"R"arking4-equirements-for-single-family-dwellingsas-set forth R-GeluraR40f-the-Puik-Sshedule-and-the-P-ar-king-Schedule incorporated-iRte-this-Chapter-shall-appl.y te-the-fellewlRg-lets (-'l-) Afl-lets-shewR-eR-major-aRb-Miner-subdivisier}-maps-which-were gr-anted-fiRal-appreval-by-the-P-lanning-Beard--pr-ier-te--May-2O- �933- F2 .AlNet&-shewR--on-major-subdivlsiGR-maps-uperi-whiGh4he-P--laRRiRg Beard has-held-a-hearing-fer-pr-eliminar-y--map-approval-prier-te May4g 1-983- "NOVEMBER 28, 1995 (3) AI lets-shewt4-en-miner-subdw+sien-maps-that-have-been-granted sketch-plan-a p p r-eva i-by-th e-P--lan n i ng-B ea rd---pri er-te-May-20-1-983- (4) Alf-lets-set-ef -er-sr-eated-b"ppreval-ef-the-P-lanniRg-Beard subsequeRt-te- Gvember23, 1-974,-and-prier-to--May-2O,4983- G- The-bulk and-parking4-eguirernents-fer-single-fa►-eily-dwellings-set-forth in-GelumRs-i-and-iii-ef-the-By'llE--Schedule-and-Parking-,Schedule iReerperated-iRte-this-chapter-shall-apply--te-the-feil ewlRg--lets= (1) Al"ets-shown-en-Rainer-subdivision--maps--whieh-have-been graRted- ketch-plan-approval-by-the-P-tanning-@Gard-en-er-after May 20,1 83. (2) All-lets-shown-en-major-subdivision--maps-upeR-which--the-P-IaRRiRg Beard-has-held-a-#nearing-for-preliminary-map-appreval-er-i-er-after Ma�983- (3) AII-lets-set-off-er-sr-eated-by-apprevakef-the-RlanniRg-Beard-eR-er after-May-2-Q-1-983- B- T-he-bulk-and-parking-reguir-ements-fer-twe-family-dwelHRgs-set-forth-IR SelurRn-Xi+- Ph9-Bul"ehedule-avid-P-arking4;ehedule-iRserperated • iRto-this-chapter-shall-apply-te-the-follewing-lets- (4-) AlHots-shewR-en fniner-subdivisien-maps-Which-have-been gmRted-sketch-plan-approval---by--the-P-laRRing-Beard-eR-er-after May�9;1�83- (2-) AlNets-shewR-en-major-subdivisieR-maps-upef-l-whieh-the-WanRiRg Beard-has-held-a-bearing-fer-pr-eliurinary-approval-eR-er-afteF-May 29;�-933- (3) AlkiGts-set-eff-er-created-by-approval-ef-the.-PIaRRing--Beard-en--er after-May 20-,983- 7. Section 100-281 A (7) (Building permits) is hereby deleted in its entirety: (7) An-appkGatieR4Gr-a-building-per-raait-fer-eeRstruetieR-en-a-vacant-let which-is Rot-eR-an-appreved-subdMfien-map shall--be-aseeaapaR- ied4)y-a-certlfied-abstraet-ef title-issued-by-a-title-cerRpaRy-whieh shall hew-single-and--separ-ate-ewnershi p-ef-the-entire-let-pr-ier4o Apr4l-9-,4-957: 8. Bulk Schedule AA is hereby added to read as follows: Bulk Schedule AA Lot Size Width Depth A. Prior to April 9. 1957 any any anv B. Between April 9, 1957 and 20,000 100 150 December 1. 1971 C. Between December 2. 1971 40,000 135 175 and June 30, 1983 II. This Local Law shall take effect upon filing with the Secretary of State. Underline represents additions. '"' Strikethrough represents deletions. NOVEMBER 28, 1995 COUNCILWOMAN. HUSSIE: I have something to say before I vote. This law has been in the works for a long time and has undergone many changes. Since it was first discussed I have repeatedly asked several question, which to date, remain unanswered. How many lots will be affected, and how many lots that are not legal building lots will now become legal building lots as a result of this law? 'The February draft of the merger law read, A lot created by deed or town approval shall be deemed legally created if any one of the following standards apply and if the lots have not merged.. The law, that we're going to vote on ' tonight has been amended to say, a ' lot created by deed or town approval shall be recognized by the town if any one of the following standards apply and if the lots have not merged. The change. came after an April 11 memo from the Planning Board Chairman Richard Ward, which said, perhaps the word legally should be eliminated , from this section. The intent of this section is to clarify those situations where the town recognizes the creation of a lot, not whether the lot was created in a legal manner. I don't agree with the premise of that statement. If the lot was not created in a legal manner 15 years ago, then ,why is the town rewarding its owner by recognizing the creation of the lot. It doesn't make sense by making it legal now. Finally, if the Town Board can't address the issue of how many lots will be created or changed by the law, then I fail to understand how it can make a determination under SEQRA that it will not have a significant impact on the environment. Several years ago, the Town Board was sued over the home occupation law, because it failed to do a proper SEQRA review of the law. Under SEQRA, the town must declare that a proposed law will be likely to have a significant impact on the environment if it affects any properties within 500 feet of Critical Environmental Areas, a Long Environmental Assessment Form is required. don't -want to make the same mistake again. I will not support this,. 36 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I would like to say this is to me is a very frustrating example of when the Town attempts to streamline it's affairs, when the attempt to put together legislation that will actually make it easier for our property owners, and taxpayers, and less costly, and more efficient, the kinds of comments that you just heard are what we have come to expect. Comments that are read out 'at the time of a vote, but really not offered in a constructive sense during the time when the legislation is being discussed, and taken under consideration, and worked on. The one comment that Alice did make, and has made from time to time, is that it's important for the Town to have a list of all of . these parcels. That I have heard before. The notion that it's going to create problems with SEQRA, and other things, no, I have never heard that until just now when we're voting, and it's kind .of a classic example of whenever the Board tries to deal in a constructive way to make some modest change, to bring some change to the Town of Southold that's positive, that's in the interests of our people, our residents, our taxpayers, to bring about efficiency, to bring about some degree of improvement in Town government, this is kind of reaction that we have learned to live with. But, I'm pleased that the thing has passed. I think it will be to the benefit of our taxpayers, and owners of property in this town, and Mr. Gardner, if there are people like you, and I'm sure there are, who see in this law the possibility of more difficulty, the Town Supervisor, and Town Attorney are. here to help you, and others like you, find ways to cope with it in ways that will actually be a benefit to you. WILLIAM GARDNER: Well, I hope that's true, because just look at this group here tonight, and think of all these lots. There are no property owners organizations to comment on it at all . They didn't know this was going on. I think there's a great misunderstanding. On your last statement, I hope it's true, that I can come in, and give, me a solution if I have problem. I understand I have no problem. Other people will, certainly. That you will help me solve my problems without, what? Change my name, or what? Have two identities? I mean this is ridiculous. Thank you. NOVEMBE}' 28, 1995 63 SUPERVISOR WICKHAM: Having passed this,_ .would the Board like to spend a few minutes discussing ways, that we'd .like 'to publicize the outcome of it? COUNCILWOMAN HUSSIE: I'd like to say something first of all. You commented on my style, Tom. SUPERVISOR WICKHAM: I didn't call it style. COUNCILWOMAN HUSSIE: Well, I'm calling it style, and I think that one of the problems is, that when I brought my concerns up in the very beginning, I was just slapped down. SUPERVISOR WICKHAM: You were not slapped down. COUNCILWOMAN HUSSIE: I beg your pardon. It's my perception that I was slapped down, and I don't like that, and if I didn't say anything about the SEQRA Review, or the Critical Environmental Area, it's because I felt that my words would fall on deaf ears, and it has nothing to do with a matter of trying to stop government from being more streamlined. SUPERVISOR WICKHAM: By whom were you slapped down? COUNCILWOMAN HUSSIE: The general tone of some of these meetings does that, and when I was told, for instance, how many lots there are? I was told, impossible. Impossible. What kind of answer is that? SUPERVISOR WICKHAM: I would leave it to the audience, to the television audience, to the rest of the Board, has this Board conducted itself in a way that slaps down people, who disagree with other Board members? I leave that as a question. COUNCILWOMAN HUSSIE: What the audience sees at this time is not what always happens. COUNCILMAN LIZEWSKI: Tom, for two years, the Penny house administration, I sat here, and watched you sit in this very chair, and wait until the end of every meeting, and _come out with the white paper, which made the headlines of the Suffolk Times for about eight months of those two years. That was never discussed at any Work Session until the end of the meeting, to help you politicize yourself, and catapult you into the position you now hold. To criticize Alice for doing it once, for saying her piece at this time, is pretty hypocritical. I can't believe that you would do that after listening to you print white papers, . going home at lunchtime, coming back, and making the rest of the Board, at that time, look terrible, because you refused to speak out at Work Sessions for over eight months, and ran a political campaign for eight months doing white papers for this whole town. Now, I asked the public to remember those days, to think back on those days of headlines. COUNCILWOMAN OLIVA: I hope they do look back at those days, Joe. I was at those Work Sessions, and I know who slapped who down. SUPERVISOR WICKHAM: Ladies and Gentleman, the election was held on November 7th. It's over. We don't need to go through it all again. We don't have to have our political diatribes in front of the Town Board meetings. Alice made her comments. I responded to them. I think they stand on their own. The question I put to the Board a few minutes ago, would the Board like to address ways of publicizing this ordinance more completely in the newspaper or elsewhere? I think it's worth consideration. Shall we take it up at the next meeting? COUNCILWOMAN OLIVA: Take it up at the December 12th meeting, because I think it is important. SUPERVISOR WICKHAM: Okay. Are there any other comments the Board members would like to make? COUNCILWOMAN OLIVA: Just to wish everybody a Merry Christmas. 64 NOVEMBER 28, 1995 COUNCILMAN TOWNSEND: Just one last thing, the implication is that there is some vast number of lots out there just on this issue, that are all of a sudden going to come in, because they weren't legal before, and now they're legal. The fact is, and we were assured of this at several meetings, that the overall impact is going to be null, because anybody that wanted a lot, that qualified under the new regulations, got it after ' going through the. process of a variance. Maybe those people who didn't want ' to pay the money for the variance wouldn't have gotten .a lot, but most anybody that wants a lot will come up with the few hundred dollars it takes to get a variance. What we're doing is saving the time and the money, and that's the issue here. I think we're not going to create any more lots with this, than we would have had you gone under the existing procedure. That's my comment on the whole thing. SUPERVISOR WICKHAM: Joe? COUNCILMAN LIZEWSKI : I just like the forum since I only have two more meetings to go, so I'd like to take a minute to just make a comment on the recent advertising, that I see on the TV for the YMCA. I just want the people out there to know that this Board is not in complete unison, and the feeling of our property for the management qualifications of the YMCA. That people do realize that the YMCA will charging everybody for anything that they do in that YMCA, and that I'm one of those people who believe that if sitting in this position., I don't believe that I should give away your property, or your property rights, and I think that a referendum someday should be held if we want to give away property, and that a trade for the management that you will'- pay for, for the programs in the YMCA, is not an equal trade for the land, . or the replacement of the ball fields, which so far I haven't heard of where it will go. There's still a lot of questions in my mind about a organization, that pay's people a quarter million dollars a year to run them, and'. I'd like to know how much Fritz Trinklein is going to get,, and how much advertising costs, and a lot of things that the YMCA is now doing. But, I want you to realize that a referendum is probably the fairest, and most honest way to go, and I'm not against the YMCA. I just think that the people deserve the right to make a determination of what should be done with their land. SUPERVISOR WICKHAM: It really surprises me that we're going back over the campaign again. COUNCILMAN LIZEWSKI : I never had the opportunity. I never said much in the campaign. I just let it be a campaign, because I wasn't running. I was not a candidate, but I felt I should stay out of it, and now I'd like to use this forum to let people know that I don't think it's a very good trade, and I think there should be. There's a lot of questions. that still should be answered, and I think the advertising campaign is amazing to me how much money this Y must have. I think basically if I was a businessman, and I said to you, okay, I'm going to give you the land for free, taxes for life for free, I'm going to pay as the public for your building, and then you can charge me for your services, I think it's almost an absurdity to say that this is a not-for-profit organization. I just find it alarming that so many people out there don't understand the simple principle. I just think that this YMCA should be deregulated as a not-for-profit organization. COUNCILMAN TOWNSEND: Joe, you are a businessman, and as such you know that you can pay your help a lot less than we would if we had to form a town facility that had these various elements 'in it, a pool with 'paid attendants. We'd be paying everybody at the CSEA rates with a tremendous retirement package, and medical plan. You don't have to do that in your business, but what we're doing is trying to create something that will save the taxpayers money, and provide the services that we would pay a tremendous amount for. We're not giving anything away. What we're doing is getting a variety of services at probably significantly less cost than we would have to charge the taxpayer. That's the idea behind it. SUPERVISOR WICKHAM: This another example where. . . COUNCILMAN LIZEWSKI: It's a difference in philosophy, Joe. NOVEMBER 28, 1995 Gam+ SUPERVISOR WICKHAM: This is another example where when the Board attempts to bring some- modest change to the Town of Southold, you can count on people to oppose it. The modest change that we tried to bring in the YMCA is a major facility that would serve the town, and parts of Riverhead Town, that wouldn't cost the taxpayer anything significant, but would result in investment of over a million dollars, and that would finance the annual operating costs, also, without any cost from the Town taxpayer. It would mean conveying to that organization three acres of Town property, but rather than a give away, as Joe described it, it's an exchange, an exchange of property, property that cost $800 an acre some years ago, when the Town acquired it, an exchange of that property in exchange for an indoor swimming pool, that meets Olympic standards, several other recreational type facilities in one and a half million dollar facility at an operating budget each year. I ask you, and I ask the audience, and I ask my fellow Board members, if the Town is serious about providing facilities, and services, to our people, and at the same time to keep control over taxes, a million and a half dollars, isn't this a reasonable proposition to put to the Town of Southold? But, I don't- really think we need to go over the election campaign again. It's three weeks behind us. Maybe it's time to go on to other subjects. Any other Board member have anything else they want to put to us? Mr. VanBourgondien, we haven't heard from you today. PHIL VANBOURCONDIEN: My name is Phil VanBourgondien. I didn't intend to say anything today. I was just going to sit here quietly, and behave myself, but now we're into the YMCA. Personally, and in speaking with a good number of my neighbors, no one that I know of has an objection to a YMCA. The objection that I, and all of the people that I've spoken to have, is that it's in the wrong place, and the YMCA is a wealthy, multi-million dollar operation, and we don't have to give them anything. If they want to make money here, they can buy the land, put up the building, and charge the fees. But, it's in the wrong place to start with, and while I'm up on the stand I had thought, Alice, you might be interested, in the times I've gone up to the Solid Waste the S.T.O.P. table always has a big sign on it, closed. Only once have I found the S.T.O.P. table open. The sum total of this seems to be, in talking with other people, but I'm trying to put paint cans down, and the sign is closed, don't put them there. The hell with then. I throw it in the yellow bag, and it will go in the dump the next time, because I'm not coming up here. Every time I come up it's closed. I don't understand why that table should be closed all the time. COUNCILWOMAN HUSSIE: I think it's open on Tuesday and Saturday, is it not? PHIL VANBOURCONDIEN: Why can't it be open all the time? COUNCILWOMAN HUSSIE: Because it needs an attendant, a certified attendant. COUNCILWOMAN OLIVA: Because the DEC one time came up, and told us what a wonderful job we were doing with the S.T.O.P. Program, and they saw that it was open every day, and that an attendant wasn't there at all times. So, before you know it, two weeks later, I think it was, or a couple of weeks later, we got a letter from the DEC, and it said unless you have a certified attendant you can not keep it open, period. So, what we had to do, because of budgetary constraints, and manpower constraints, just open it on Tuesday, and Saturdays. It is a shame that we can't have it open every day. PHIL VANBOURCONDIEN: The end result is that a lot of , stuff is going into the yellow bags. I didn't about the certified attendant. Thank you. NOVEMBER 28, 1995 SUPERVISOR WICKHAM: Any other Board member like to comment on any other matter? (No response.) If not, I'm open to a motion to adjourn. Moved by Councilwoman Oliva, seconded Councilman Lizewski, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 6:00 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. udith T. Terry Southold Town Clerk