HomeMy WebLinkAboutTB-12/12/1995 SOUTHOLD TOWN BOARD
DECEMBER 12, 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.
9:15 A.M. - The Board met with Barbara Summers, Sue Madigan, and Nanette True,
members of the North Fork Women's Resource Center, to discuss their request for
a $5,600 grant from the Town. The grant, which had prior approval from the Board,
was rejected under Community Development guidelines. They appeared before the
Board now to request the funding from the 1995 Budget General Fund. Ms.
Summers said they need $10,000 for the COOL Project. They have $2,000, would
like $6,000 from the Town, and they will find the additional $2,000 elsewhere.
Supervisor Wickham proposed $5,000. Councilmen Townsend and Lizewski agreed.
Councilwoman Hussie said she 'would not support it. -Justice Evans said she would
support it, as it had been promised before, but she will not support any funds for
the North Fork Women's Resource Center for 1996. Councilwoman Oliva agreed with
Justice Evans. See resolution 30.
9:40 A.M. - Edward J. Boyd V, attorney for the Orient Mosquito District, met with
the Town Board to request a resolution of the Board approving proposed legislation
to raise from $30,000 to $40,000 the annual amount which may be expended by the
district for mosquito control:. The Board agreed to such a . resolution and placed
a resolution (32) on the regular meeting agenda.
9:50 A.M. - Joseph Gold, Chairman of the Land Preservation Committee, met with
the Town Board to ask them 'to consider moving forward with the acquisition of the
development rights in the farmland of William , H. Heins, 2600 Oregon Road,
Mattituck, and the farmland of John Koroleski, 182 Sound Avenue, Mattituck. The
Board agreed to set a public hearing for the Heins property (resolution 33) , and
asked Mr. Gold to go 'back to Mr. Koroleski and discuss the parcel he wishes to
withhold from proposal. He has a 70 acre parcel, and wishes to withhold 10 acres
on Sound Avenue. . Mr. Gold. will do this, and hopefully obtain the 10 acres for the
program, and . then a public hearing will be set for the Koroleski property on the
same date as the Heins, property.- 5:00 P.M. ,., January 23, 1996.
10:10 A.M. - Merlon Wiggin me_t .with the Board to ask them to again sponsor an
application to the federal government for ISTEA grant funds toward the construction
of a Historic Marine Railway. on the property of Greenport Yacht & Shipbuilding,
201 Carpenter Street, Greenport. He advised that the project will be leased for 30
years to the East End Seaport Foundation. Town Board agreed the the proposal,
provided the application is signed by December 22nd.
10:30 A.M. - Mark Wagner; of Cameron Engineering met with the Town Board to
discuss the Southold Scavenger Waste Treatment Facility management, operation,
maintenance and staffing.. This was a lengthy discussion which included changes
the Board would like to see in the contract with the Village of Greenport. They
generally agreed that they should explore privatizing the operation of the facility.
Structurally the plant is well designed, but lacks attention to maintenance, causing
equipment failures. It was agreed a number of physical improvements should be
carried out, and Mr. Wagner will prepare a specific proposal for the December 27th
work session.
DECEMBER 12, 1995
12:05 P.M. Steve Ridler, New York State Department of State, met with the Board
to present a proposal for a $20,000 grant under, the Local Waterfront Revitalization
Project, to evaluate and implement a solution to erosion downdrift of Goldsmith Inlet.
The Supervisor was authorized to execute the: grant application (resolution 35) . Mr.
Ridler also advised the Board that the Town now has. the final draft of the Erosion
Management Plan and Harbor Management Plan.
12:30 P.M. - Mary Mulcahy,. Recycling Coordinator, and Solid Waste Coordinator
James Bunchuck met with the Board to present a rough draft of the third
WasteWatch newsletter. Once it is in final draft form Ms. Mulcahy will bring it back
for the Board's approval.- --Supervisor Wickham- presented a proposed resolution
adopting the integrated "Solid Waste Management Plan (last revision date of August,
1995) with the intention ot-Implenlenting the solid waste management programs
(resolution 36) .'P---Supervisor Wickham also asked for a resolution (37) to engage
the services -of •Tlae �lhk'.Spot ito':reproduce 15-: s.ets..oU the'. Solid Waste Management- Plan.
---=Lastly;; Supervisor. Wickham -,submitted !a .]ett6r-,..for the Bbarel!.s• bpprbval.:to.the N,YS-
DEC tr.ansmi:ttingrith'ree cop:i-es of ,*the,finaI:'!Pa.rt.3.60. Ldhdfill (Gipsure `Irivestigation(Work
Plan,. Dece' mber1995!! (ires6.l.u1iofti.38)i:
12:50 P.M. - Recess for lunch.
EXECUTIVE SESSION
2 :10 P.M. - On motion of Justice Evans, seconded by Councilwoman Oliva, 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.----Solid Waste Coordinator Bunchuck met with the Board to
discuss a personnel problem.
2 :30 P.M. - The Town Board reviewed the proposed Town of Southold Alcohol and
Drug Testing P-.licy, and placed a resolution (39.) on the agenda to adopt it.----
Board placed a 'resolution (40) on the agenda to appoint Kenneth J. Meskill to the
Conservation Advisory Council, effective January 1 , 1996.----Town Board discussed
a memorandum from Supervisor _Wickham requesting payment for unused vacation and
compensatory time for his Confidential Secretary Lauren Grant. Councilwoman Hussie
questioned the time, and Ms. Grant said she had 2404 hours - having used some
from an accumulation of 296 over the past '23 months. A resolution (41) was placed
on the agenda for a budget modification of $5,549:00 to , pay Ms. Grant.----Board
reviewed the revised press release with regard to the Southold Town Grant Program,
and authorized its release. Copies will be sent to prior recipients.----Town Board
discussed a memorandum from Supervisor Wickham containing a proposed resolution
(42) adopting a policy that henceforth Legal Notices will be printed only in those
newspapers which provide the Town with an up-to-date affidavit of paid circulation
conducted by a -qualified private, firm specializing in such audits. Supervisor
Wickham's memorandum stated that the Public Officers Law prescribes the schedule
of rates that newspapers may charge municipalities for publishing legal notices, and
those charges are linked to the paid circulation of the newspapers, with greater
circulation justifying higher rates.----Supervisor Wickham asked the Board hdw-.they
wished to publicize the . Lot Creation and Merger Law. . It was agreed_ that a handout
that, has -.been :prepdVed :.tHro Ugh_*tinput .feb.m the (Buikdi'ng- Departmerif►; . Plannifiig Bdar.d':
and Board of Appeals will be made available to the public.
3:50 P.M. - Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
4:10 P.M. - Work Session adjourned.
[Ir`1`e r.r dty.
69
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on December
12, 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: : Would anyone like to move the audit of the bills?
Moved by Councilwoman. Oliva, seconed by Councilwoman Hussie, it was
RESOLVED that the -following bills be and hereby ordered paid:
General Fund Whole Town- bills in the amount of $126,378.15; General Fund
Part Town bills in the amount of $6,524.64; Highway Fund Whole Town bills
in the amount of $51,409.26; Highway Fund Part Town bills in the amount of
$1.7,478.01; Ag Land Development Rights., bills in the amount of $1,000.00;
Fishers Island Metal Dump Capital bills'' in the amount of $58,473.10;
Employee Health Benefit. :Plan bills in the amount of $43,569.07; Fishers
Island Ferry District bills in the amount of $9,951 .37; Refuse and Garbage
District bills in . the amount of $48,493.60; Southold Wastewater District
bills in the amount of $5,077.00; Fishers Island Sewer District bills in the
amount of $3,106.13; Southold Agency & Trust bills in the amount of
$5,480.92; Fishers Island, Ferry District Agency & Trust bills in the amount
of $910.01 .
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: Does any Board members have any questions on
this?
COUNCILMAN TOWNSEND: On the audit? I'm sorry I didn't bring this
up at the Work Session, but I noticed that Operation Safe Ride, we're still
being billed for telephone on that line. To the best of my knowledge that
closed down in September.
SUPERVISOR WICKHAM: Who manages it?
COUNCILMAN TOWNSEND: I think that's in the Rec Department, but
I'm not sure. Maybe it's still going on.
TOWN CLERK TERRY: I'll find out about it tomorrow.
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the minutes of the November 28, 1995, Town Board
meeing 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.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that -the, next regular meeting of the Southold Town Board
will be held At 4:30 P.M., Wednesday, December 27, 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.
70 DECEMBER 12, 1995
This resolution was duly ADOPTED.
I . REPORTS.
1 . Southold Town Scavenger Waste Treatment Facility Monthly Report
for November, 1995.
2. Southold Town. Building Inspectors' Monthly Report for November,
1995.
3. Southold Town Clerk's Monthly Report for November, 1995
4. Southold Town Investigator's•Monthly Report for November, 1995.
5. Southold Town Justice Tedeschi's Monthly Report for November,
1995.
6. Southold Town Trustees' Monthly Report for October, 1995.
7. Southold Town Recreation Department Monthly Report for November,
1995.
II . PUBLIC NOTICES.
1 . U..S. Army Corp of Engineers, New York District, application of
Suffolk County Department of Public Works to dredge- with ten years
maintenance and beach nourishment at Mud Creek, Cutchogue, New York.
III . COMMUNICATIONS.
IV PUBLIC HEARING.
SUPERVISOR WICKHAM: . We have this afternoon a hearing at 5:00 o'clock on
a .Local Law in. Relation to Stop Signs in the Bayview area of Southold here.
1 . 4:30 P.M., on a proposed "Local Law in Relation to Stop Signs".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have some forty-three or forty-four resolutions
before us this afternoon. , Resolutions that members of the audience have an
opportunity to address the Board about. We have a proclamation for our
Receiver of Taxes, who `is due to receive it shortly, when he arrives. We
had a busy Work Session, primarily in the morning. You've got the order of
business on the last page of the agendas before you that outline what we
undertook in that Work Session. There -were a number of interesting issues.
I think the most time consuming, and in a way, very interesting one has to
do with the Scavenger Waste Treatment Plant, that the Town of Southold
owns; but is .operated in the Village of Greenport. This is the plant that
receives waste from the cesspool trucks, that work throughout the Town of
Southold. The Town is at the moment involved in establishing a budget for
1996, which we can pay the Village of Greenport to operate that plant for
us. In the process of developing this budget, we were also talking about
some modifications and changes in the management, and in the physical
machinery, of the plant... There were a lot of other things. It's been a very
active day today on our Work Session, but I think we can just proceed to
the resolutions before us. At this time, it's my privilege to open the floor
to people in the audience who would like to address the Town Board limiting
your comments to five minutes or less on any one of the forty-three
resolutions before us this afternoon. I think the resolutions are listed
here in the agenda.
MARGARET BROWN: My name is Margaret Brown, and I don't think there's
a resolution ,on this subject on .the agenda, but I may not be able to attend
the next Board meeting. I may be out of town. I'm not sure yet. I wanted
to have an opportunity to say publically, thank you to Tom Wickham for
being our Supervisor for two years. It's been a priviledge to work with
him, and it's been a priviledge to have a town going in the right
direction. I hope it continues to be so. Thank you very much, Tom.
SUPERVISOR WICKHAM: 'Thank you, Margaret, for your comments. Frank?
FRANK CARLIN: Frank Carlin. Just got one. Number three on
modifying the Town Highway Fund. You're not taking any money from the
Highway Department Budget, are you? How does that work?
DECEMBER 12, 1995 _1L .
SUPERVISOR WICKHAM: Modifies the Highway Fund Whole Town Budget to
appropriate a portion of the capital grant from New York State for the
reconstruction of Brushes Creek. The New York State Department of
Transportation has given a grant to the Town for the reconstruction of
Brushes Creek bridge. The Town is now taking that money, and putting it
in the Highway's . budget, so that they can use it for that purpose. Anyone
else like to address the Board. Yes, ma'am?
JOHANNA NORTHAM: . Johanna Northam. Resolution #38, on the 360
landfill closure, is that available to you for review from the DEC?
SUPERVISOR WICKHAM: Sure, we have a copy in our office, and it's going
to be reproduced to make fifteen copies to be. . .
COUNCILWOMAN OLIVA: No, this is the Landfill closure.
SUPERVISOR WICKHAM: I'm sorry. This is the Landfill closure. We, also;
have copies of that in our. office. We're not going to have fifteen copies,
but we do have several.. You're most welcome to come in, and there should
be one in the Town Clerk's Office.
JOHANNA NORTHAM: Can I borrow it, and then bring it back?
SUPERVISOR WICKHAM: Sure, you can borrow one of ours.
JOHANNA NORTHAM: I would like to take this opportunity to thank you,
Tom, for your dedication to the Town of Southold. I've known you many
years. You appointed me to your Solid Waste Task Force, and it's
interesting that I was a different political ' animal that, that didn't make a
difference, and I think that is how you handled the job, nonpartisan
politics. It's been an honor to have known you, and I wish you well.
SUPERVISOR WICKHAM: Thank you, Johanna. You referred to yourself as
a different political animal. I've known you as a tiger on the Task Force,
and you were the first person, really, on the Task Force, who insisted that
the Town should not have to pay all of the costs of capping and closure,
and management according to those regulations, and we have made a effort
to follow the direction that you actually provided us. Anybody else who
would like to address the Board on any resolutions before us tonight? (No
response.) If not, I think we're ready to get started.
1 .-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town .Board of the Town of Southold hereby accepts
the bid of Charles Greenblatt Inc., at a total per item of $569.80, for
supplying the . Southold Town Police Department with Uniform Clothing for
calendar year 1196, all in.accordance with the bid specifications.
1 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham:
This resolution was duly ADOPTED.
2 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby extends
the services of Val Stype & Sons, Inc. as the Town's Insurance Broker for
the period of January 1, 1996 through December 31, 1996, all in accordance
with the recommendation of of the Town's Insurance Consultant William F.
Mullen, Jr.
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 Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Highway Fund Whole Town 1995 Budget as follows to appropriate a
portion of the capital grant from New York State for the reconstruction of
Brushes Creek bridge:
72 DECEMBER 12, 1995
Revenues:
DA.3597 NYS Transportation Capital Grant $ 38,147.50
Appropriations:
DA.5120.2:500. 100 Bridges, Capital Outlay $ 38,147.50
Other Equipment and Capital Outlay
Bridge Reconstruction
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 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 Consortium
Home Improvement Program Agreement between the County of Suffolk, Office
of Community Development, European American Bank and the Town of
Southold, all in accordance with the approval of the Town Attorney.
4.-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: Just for the assistance of the audience. Number 5
resolution, approving a lease agreement between Town and the District
Attorney for office space, is held. We didn't choose to act on it tonight.
6.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the amount of $248,675.00 for a bond for roads and improvements in the
major subdivision of Elijah's Lane Estates, Section 2 E 3, Mattituck, N.Y.,
all in accordance with the recommendation of the Southold Town Planning
Board and Engineering Inspector Richter.
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 Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1995 General Fund Whole Town budget to appropriate the insurance
recovery to repair the vehicle damaged in September, 1995:
Revenues:
A.2680.00 Insurance Recoveries $ 979.36
Appropriations
A.6772.4.200.650 Programs for the Aging, Contractual $ 979.36
Expenses - Vehicle Maint. E Repairs
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 Oliva, 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 provide proper financing for
the Hashamomuck Pond Stormwater Remediation Project:
To:
A.9901 .0.000.100 Transfers to Other Funds $ 25,000.00
From:
A.8090.4.100.900 Trustees, Contractual Expenses $ 25,000.00
Drainage
8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham. .
This resolution was duly ADOPTED.
- DECEMBER 12, 1995 73
9.- Moved by Justice Evans, 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 Cooperative
Agreement between the Town of Southold and the United States Department
of Agriculture, Natural Resources Conservation Service and Suffolk County
Soil and Water Conservation District, for services performed as part of the
1994 Non-Point Implementation Grants Program; all in accordance with the
approval of the Town Attorney.
.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend,. Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.- 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 an agreement
between the County of. Suffolk, acting through its duly constituted Office of
the County Executive/STOP-DWI Program, and the Town of Southold, for
the STOP-DWI funding ..for enforcement activities by the Southold Town
Police personnel, effective January 1, 1996 through December 31, 1996, at a
total contract amount of $16,500.00; all in accordance with the approval of
the Town Attorney.
10.-Vote of the Town Board: . Ayes: Justice Evans, Councilwoman Oliva,-
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ,ADOPTED.
11 .- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of : the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services, Inc.
to pay claims of employees Claire Toy and Christine Stulsky; which claims
were submitted to Lawrence by the provided more than 90 days after the
date of service.
11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
12.- Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Town Trustee Martin Garrell to attend the 5th Annual Public
Trust Doctrine Conference at Albany, New York, on December 15, 1995, and
the only expenses incurred will be the $40.00 tuition for the conference,
which shall be a legal charge to the Town Trustee's 1995 Budget.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of All American Fuel Co. for supplying Gasoline to the Town for
calendar year 1996 at a price of $.0733 per gallon over the Bayway
Refining Co. posting within five days of each delivery, all in accordance
with the bid specifications.
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 Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the .Town Board of the Town of Southold hereby accepts
the proposal of Rehn & Fore, Certified Public Accountants, to conduct an
audit of the books and . records of the Town of Southold and its grant
programs for the year ended December 31, 1995, at a total fee of $16,500.00
($14,500.00 for the Whole Town; $2,000,000.00 for the Community
Development Program) .
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
74 DECEMBER 12, 1955
15.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town 'Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to reallocate funds within the
Programs for the Aging 1995 budget:
To:
A.6772.4.100.200 Programs for the Aging $ 500.00
Gas & Oil
A.6772.4.400.650 Programs for the Aging 1,500.00
Vehicle Maintenance E Repairs
A.6772.4.600.300 Programs for the Aging 350.00
Travel Reimbursement
From:
A.6772.4.200.100 Programs for the Aging $1,350.00
.Telephone
A.6772.4.600.100 .Programs for the Aging 500.00
Advertising
A.9901 .9.000.000 Transfers to Other Funds 500.00
Transfers to Health Fund
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 Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund of $10.00 to Richard Garcia, which sum represents a
duplicate fee for a Cesspool Operation Permit.
16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that 'the Town Board of the Town of Southold hereby rejects
the bid of William A. Mallins Cesspools, Inc., in the amount of
$25,'000.00, for cleaning the west equalization tank of the Southold
Scavenger Waste Treatment Facility, inasmuch as this is the only bid
received,. and it appears to be excessive.
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 Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for bids for cleaning
out. the west equalization tank of the Southold Scavenger Waste Treatment
facility, all in accordance with the bid specifications as approved by the
Town Attorney.
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 Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for resumes for one
member of the Land Preservation Committee to fill the vacancy caused by the
resignation of Douglas W. McGahan to July 3, 1596.
19.- 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 mention that the Land
Preservation Committee is the committee, which discharges the Town's
responsibilities in respect of the land preservation, the Farmland
Preservation' Program, whereby the Town buys development rights to
farmland, and the Open Space Program, whereby the Town buys open space.
Both these programs' are funded out of bonds that have been approved by
the taxpayers of the town. We have a very active committee. The
DECEMBER 12, 1995 75
recommendations go to the Town Board, and ultimately are acted upon. In
fact, tonight, we have resolution dealing with some of those parcels. It's a
very important committee,. and .it's important that find people in the town
interested, and prepared to meet with them. The committee meets about once
a month, and it has a very active agenda, and I think it has a very
constructive role to play in the town.
20.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Residential. Fences Corp., 1760 Route 25, Ridge, N.Y.,
under the Suffolk County, Department 'of Public Works bid contract, in the
amount of $8,841 .82, to install a vinyl coated chain link fence and baseball
backstop at the Robert W. .,Tasker Park, Peconic Lane, Peconic; and -be it
FURTHER RESOLVED that the Town Board hereby authorizes and directs
Supervisor Thomas Wickham to execute an Agreement between the Town of
Southold and Residential Fences Corp. to install a vinyl coated chain link
fence and baseball backstop, as per the above proposal, all in accordance
with the approval of the Town Attorney.
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 appoints
Karen E. McNeil as seasonal Clerk Typist in the Office of the Town Clerk,
effective December 11, 1995 until the return to work by part-time Clerk
Typist Hilary Jersey,. at a salary of $6,82 per hour.
21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend,_ Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
22.-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 a Grant Award
between the Division of Criminal Justice Services (DCJS) and the Town of
Southold for grant of $8,000 for carpet for all of the offices at Police
Headquarters, all in accordance with the approval of the Town Attorney.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
Chapter A108, Highway Specifications, of the Code of the Town of Southold,
as follows, all in accordance with the approval of the Superintendent of
Highways and the Planning Board:
I . Section A108-45, Street Trees. Section B. is deleted in its
entirety, and is replaced by a new Section B. to read as follows:
B. Trees shall be planted at intervals of thirty (30) feet to
forty (40), feet depending on the species and the trees shall be
located five (5) feet outside the right-of-way on private
property. The street trees shall be planted on both sides of the
street and the spacing 8 locations of all trees shall be approved
by the Superintendent of Highways and the Planning Board. In
order to provide visibility for traffic safety, no trees shall be
planted within a minimum length of twenty (20) feet from the ends
of the right-of-way curve radius at intersections.
SUPERVISOR WICKHAM: This takes the place of the old part of the Code,
which said planted at thirty to forty feet depending on the species and the
location along both sides of the street, and shall be within the
right-of-way. What the new amendment says, it shall be located five feet
outside the right-of-way on private property.
23•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
f DECEMBER 12, 1995
24.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to employ Steven J. Druge as a part-time purser, effective
December 1, 1995, at a salary of $11 .00 per hour.
.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 Townsend, seconded by Justice Evans, It was
RESOLVED that . the Town Board of the Town of Southold hereby
reappoints the following . individuals to the Southold Town Council on
Veterans Affairs, effective January 1, 1996 through December 31, 1996, they
to serve without compensation.
John A, Harris Veterans of Foreign Wars
Bernard A. Heaney Catholic War Veterans, St. Agries Post No. 703, Greenport
Edward Scroxton A.R. Grebe American Legion Post No. 1045, Fishers Island
Edward Kruszeski Burton Potter American Legion Post No. 105, Greenport
Richard L. Dlehl Griswold-Terry-Clover- American Legion Post No. 803, Southold
Henry W. Drum Raymond Cleaves American Legion Post No. 061 , Mattituck
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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services, Inc.
to pay the medical bill of Martha Jones, which bill was submitted to
Lawrence Healthcare more than 90 days after the date of service.
26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
27.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town ' Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to transfer funds within the
Central Data Processing budget:
To:
A. 1680.1 .100.200 Full Time Overtime Earnings $ 617.93
From:
A.1680.2.400.520 Personal Computer Software $ 617.93
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 Hussie, 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 appropriate donated funds for
the Tree Committee:
To:
Revenues:
A2705.30 Gifts & Donations, Tree Committee $ 210.00
Appropriations:
A8560.4.400.200 Trees and Tree Maintenance $ 210.00
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 Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of ;the Town of Southold hereby accepts
the resignation. of Leona L. Urban, Mini-Bus Driver for the Southold Town
Human Resource Center, effective November 30, 1995.
29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
DECEMBER 12, 1995
30.-Moved by Councilman Townserid, 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 appropriate funds for the
North Fork Women's Resource Center:
To:
A6142.4.400.130 Office for Women, Contractual Expenses $ 5,000.00
Contracted Services
North Fork Women's Resource Center
From:
A9901 .9.000.000, Transfers to Other Funds $ 5,000.00
Transfers to Health Plan
COUNCILWOMAN HUSSIE: I vote, no, with an explanation. We already gave
this organization $4,600.00 in February. I don't think this is necessary.
3Q .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilman Lizewski, Supervisor Wickham, No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
31 .-Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, there was 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"; and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for recommendations
and reports; now, therefore, be it
RESOLVED that the Town Board hereby: sets 5:00 P.M., Wednesday,
December 27, 1995, Southold Town Hall, 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 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 process will ensure uniformity in procedures 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 14t:6;is added as follows:
6. Rezonings PriorJo 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. Uoon 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.
78 DECEMBER 12, 1995
B. By requiring the applicant 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 0 0) 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 heanna.
The applicant 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 compiled with this provision.
III. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-24.8 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 upeq-flGPeG&4haa-tee-days'RGtiee, to be
publ+shed-in n�-er-iAeFeriewspaper-s haviRg-s-geaer-al-eifsulat+ea
iR-the-tewfl. 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. ire-Rtanning-Beard-deteRn+aes-that-a-p eaFiag-is-ReseesaFy,
shall-sGhe4ule-aad-here-same-Neti4e shal "weR-at-least4ep
te-e4wsh-heaORg-by-pu1314Gatiea-44he-e€€i6ial
tewfl-newspapeF. 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:
l- e-appllsaishall;fey-eerif}ed-mail;give of lease '
of said-pWbIiG PFGPerty-e
h6R4 r�Pesed-pfejest-
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. ia-addifiGn to
; eariag-regiired by-law,-a-v+` !Rg
tr►etetF9V{fii -iR eF 2 i -hall "in- lane In,I the n�eR'-�i"GRiRgru
Board, in
•— �eithe FGeYti ie�r Fegistered mail1 even en nii
N;
DECEMBER 12, 1995 79
g'NReF G f pFGpeFt im ��{ennnn�n`rete In the even h` ��
pe ". a r^"GJ ' .".J `_ -st iR GRY FGpe dlate y
a `sly-is-the-s�►I jest-ef-s s#-Petitiea, ther:
wF4te R te-the-ewaeFs ef-th"r-epees
adjaGeRt tG SUGGh etheF pFGperty-ef the-pet4ieaer-:-i=� the-per-Pese�$E
this se e �'er"praperty-ewRef'Lmeaa-the-ewfler-as
Rt assessflaert Fe{I-e
Ratise4epeifed4ay4#i,- s gtieR--shalI be Friailed by the-pet+tieaer;ei:his
age+i; AVe-(-5)-days-presediRg•-the-f4HRg-aPhe-petftieR-+R-the -
T-AwF-QeFlis-Off iAe-Pfeef-e#-R ai4Rg-Af-6esh-Ret4ses4R4he-fGFFn ef-a
swem state^ eat sha e4e4-M#1i-the T-ewR-Clerk at-the-time-ef-€ilia@
.. e -th iAR. Gh-Retire-sk4all-6ARtaiR-tk�e ellewiag-iafeR atieR=
(-13 XstatemeRt that-the-petitieaer--pfApeses-to-apply te-the-l;Gard-A€
Appeals utheld-fer-a-vafia R;
speslal-permit A etheFspeefied-Fellef;-as-the-ease-may-be-.
(24 A4e6sr+ptieR-861MGieat-te-identify the--prepe4y-w4ish Is the subjeet
ofthe-petitiAR:
( The zGi;e district 6lassi#lsatleR-ef GWGh-pFepertY-.
(44 A detailed-statement-ef-the-Fake#sGIAgl4t by the-petR49ReF-
(5) the-p a iGRs-ef the RiRg-L-aw-app4Gable F« '�-the-Fe4ef�Aug#t
b0he-petitieReF.
(4) -statement-that-wi#hiR-five-(5)4ays;-sec; eOgGR-will-be-file44f;
the-SGUthAld TGWR-QeFk-s-eff+se;MaiR-RGad,9 thAld,?Jew-"(G*,
and-may-then-be-xamlRed-ddriRg-Fegular-efftse_-heer-s-
R A statement-that-a-public-heatifl9-w4h-Fespesr te-sush-petitieR
AppealsFnwrt be held by the E3eaFd Gf eutheld
befeFe-the-Fel+ef caught-saR-b"FaRted4, tha 4he-pe FS GR-to 'Mh.,em
the"C}GUGe is �Fessed�AF-NS FeprFeSpRntativee, has the
appeaF-and-be-heaFd-at-sash-heaFiflg-and-t#at a-RAtlse-AfSW
heaFlRgw+ll-be-published-in the-e#I"isial-tAwP-r e apeFRAt less
ftR-flve (5)-days-pFi9F te SUSh-publ IG heaFFRgc
5. Section 100-292 is hereby amended by adding the following:
D. In addition to the above notice requirement orior to holding a public
hearing on the rezoning notice shall be provided pursuant to Chapter
58.
V. Chapter A106 (Subdivision of Land) of the Code of the Town of Southold is
hereby amended as follows:
1. 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 adueFtised-at-lease-e
befeFe-sU6l1,-111, g provided pursuant to Chapter 58.
2. Section A106-24E is hereby amended as follows:
So DECEMBER 12, 1995
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, whiGh-&ha4-be-a4 i-sed--at4east
• efere-SUGh-hea&@ 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.
VI . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions.
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 Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold has no objection
to the submission of proposed legislation to the New York State Senate and
New York State Assembly by the Orient Mosquito District to amend Chapter
246 of the Laws of 1916 to increase the amount that may be expended for the
purposes of the Orient Mosquito District from $30,000 to $40,000.
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 Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 5:00
P.M., Tuesday, January 23, 1995, Southold Town Hall, Main Road,
Southold, New York, as . time and place for a public hearing on the question
of the acquisition of development rights In the Agricultural Lands of
William H. Heins, SCTM#1000-100-4-5. 1, 36.3 acres of farmland at 2600
Oregon Road, Mattituck, New York.
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
authorizes and directs Supervisor Thomas Wickham to execute a project
sponsor application to the federal government for ISTEA grant funds In
the amount of $600,000 toward the construction of a Historic Marine Railway
on the property of Greenport Yacht & Shipbuilding, 201 Carpenter Street,
Greenport, Village of Greenport, New York; last date to sign the application ;
is December 22, 1995, said agreement all in accordance with the approval of
the Town Attorney.
34.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
35.- 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 Local
Waterfront Revitalization Project Agreement between the New York State
Department of State and the Town of Southold for a $20,000 grant to
evaluate options and implement a solution to, . erosion downdrift of
Goldsmith Inlet; 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.
This resolution was duly ADOPTED.
DECEMBER 12, 1995
36.- Moved by Councilwoman Hussie, seconded by Councilman Lizewski,
WHEREAS, the Town Board of the Town of Southold has prepared an
integrated solid waste management plan in accordance with the provisions of
ECL 27-0107, now, therefore be it
RESOLVED that the Town Board hereby adopts the integrated "Solid Waste
Management Plan (last revision date of August, 1995) with the intention of
implementing such solid waste management programs, projects and plans as
are identified in the recommendation of said plan, and be it further
RESOLVED that the Town Board to the Town of Southold hereby intends
to provide the New- York State Department of Environmental Conservation
with progress reports concerning the action items and schedules contained in
the plan no later than March 1, 1997 and no later than March 1st every
two years thereafter,. and be it further
RESOLVED that the . Town Board of the Town of Southold hereby reserves
the right to submit °modifications to the plan to the New York State
Department of Environmental Conservation and to respond to requests from
the NYSDEC for such modification, to address significant solid waste issues
that may emerge since the time of plan approval.
36.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor. Wickham.
This resolution was duly ADOPTED.
37.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of The Ink Spot, in the amount of $412.50, for reproducing 15
sets of the final Part 360 Landfill Closure Investigation Work Plan,
December, 1995, for the Southold Landfill,_Cutchogue, N.Y.
37.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
38.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to transmit to the New
York State Department of Environmental Conservation three .(3) copies of the
final Part 360 Landfill Closure Investigation Work Plan, December, 1995, all
In accordance with the . Stipulation Agreement between the NYS-DEC and
the Town, dated October 5, 1994.
38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
39.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts
the following Town of Southold Alcohol and Drug Testing Policy, and
designates Barbara A. Rudder, Personnel Assistant, as the Town's Liaison
for the policy, and the Southold Town Substance Abuse Committee to
conduct training under the policy:
TOWN OF SOUTHOLD
Alcohol and Drug Testing Policy
Pursuant to the Omnibus Transportation Employee Testing Act of 1991 and regulations set
Forth by the U. S. Department of Transportation, the following policy is effective immediately:
I.• Those affected by this policy:
All employees who are required to hold a CDL (Commercial Driver's License) as part of
their job requirements or who have a CDL and are offered promotion to the positions of AEO,
HEO, CEO or any other safety sensitive position for which a CDL is required.
H. Questions regarding this policy:
Any affected employee who has questions regarding this policy should contact the Town
Personnel Officer at 7654333.
82 DECEMBER 12, 1995
III. What the Omnibus Transportation Employee Testing Act requires:
Essentially, the Act requires employers with 50 or more employees to conduct alcohol and
drug testing under the following circumstances:
1) Pre employment - applies to new employees hired in a position.that requires a CDL.
2) Promotion - applies to current town employees who are promoted to positions that
require a CDL.
3) Post accident - any accident as described in accordance with the act involving a town
vehicle driven by a town employee shall result in said employee being tested for either drugs or
alcohol, or both. Such testing must be performed within a prescribed time as follows: alcohol
testing should be performed within two hours but in no event more than eight hours of the
accident and controlled substance testing must be performed within 32 hours of the accident.
Testing performed by a certified BAT, police officer, hospital technician or any other individual
so qualified will be accepted for the purposes of this policy. No employee is exempt from this
requirement. Any employee who deliberately circumvents or refuses to comply with this testing
shall be subject to disciplinary action and shall be removed from all driving functions and
assigned to laborer duties at the appropriate rate of compensation until such time as either the
employee complies (if compliance is within prescribed limits), disciplinary action is completed,
or it is determined that the non-compliance was not deliberate on the employee's part.
4) Random alcohol testing is to be performed on 25% of subject employees annually. Drug
testing is to be performed on 50% of subject employees annually. Testing will be unannounced
and performed throughout the year. Employees will be randomly selected and random testing for
alcohol.will be conducted just prior to, during, or just after, the performance of driver functions.
5) Reasonable suspicion -Testing shall be required when it is believed that the law has been
violated. This suspicion must be based on specific observations of a properly trained supervisor
concerning the appearance, behavior, speech or body odor of the operator.
6) Return to duty- If an operator has failed an alcohol test (alcohol concentration .02 but
less than .04) he may not return to duty in a safety sensitive function (driving) for a period of 24
hours. If the alcohol concentration is. 04 or above, such employee will be prohibited from
driving until: a) a substance abuse professional has evaluated the employee, b) any requirements
for rehabilitation set by the employer and the substance abuse professional have been completed,
c) the employee passes a return to duty test with a result below .02. The employee will then be
subject to no less than 6 unannounced follow up tests over the next 12 months.
These are the minimum pre-conditions for returning to work, but'are not a guarantee of
reinstatement.
If an employee proves positive as a result of the drug testing procedure, s/he will
immediately be removed from any driving function until the completion of a rehabilitation
program as prescribed by a substance abuse professional. During this rehabilitation period, such
employee will be temporarily released from the permanent title under which s/he operates with a
CDL, and assigned to taborer duties at a laborer's rate of compensation until such time as a
substance abuse professional authorizes return to permanent duties.
IV. What constitutes "Refusal to Submit"?
A refusal to submit to required testing includes: a failure to provide adequate breath for
testing without a valid medical,explanation, failure to provide adequate urine for a controlled
substance testing without a valid medical explanation, or any other conduct which clearly
obstructs the testing process. Failure to remain readily available for post accident testing absent
legitimate medical reason also constitutes a refusal to submit.
DECEMBER 12, 1995
V. Prohibitive behavior:
All employees subject to this policy may not engage in the following activities:
• Reporting to work with an alcohol concentration of.02 or above
• Employees on standby may not indulge in alcoholic beverages or utilize illegal drugs
• Use of illegal drugs at any time
Possession of alcohol at work, use of alcohol at work, use of alcohol four hours prior to
reporting to work, use of alcohol within eight hours following an accident where a post-accident
alcohol test is required; using alcohol before such a test (whichever comes first), refusal to
submit to any required alcohol or controlled substance test, or reporting for work or remaining
on duty when operator has used any controlled substance, except if used pursuant to the
instructions of a physician who has advised that such use will not adversely affect the
employee's ability to operate a commercial motor vehicle.
VL Consequences:
Some of the consequences for violation of this policy have been discussed in earlier
sections. Section VI will better define and reiterate the penalties that shall be imposed against
employees who are in non-compliance, violation, or have been found in violation more than
once.
EMPLOYEES WHO REFUSE TO SUBMIT TO RANDOM DRUG TESTING:
First refusal: Removal from driver's position and assignment as laborer
at appropriate rate of pay, until such time as employee complies.
Second refusal: Immediate suspension and filing of disciplinary charges
which may result in employee's termination.
Once an employee is scheduled for testing, he shall not be excused for any reason unless
authorized by the town.
EMPLOYEES WHO FAIL DRUG TEST:
a) Immediate removal from driving function and assignment as laborer
at appropriate rate of pay..
b) Referral to a substance abuse professional and enrollment in a
rehabilitation program. Employee will continue in laborer position until
completion of program. Upon return to work and prior to reinstatement
to driving function, the employee will submit to a drug screen. No less
than six random screenings will occur over the next twelve months.
If the employee fails any subsequent drug tests, he shall be subject to
disciplinary action.
Except for employee refusal, and those actions mandated by law, penalties prescribed by
this section shall be applied on a case by case basis. Other considerations may come into play,
i.e., length of time sober or clean before relapse, employee's work record, and mitigating
circumstances.
EMPLOYEES WHO REFUSE TO SUBMIT TO ALCOHOL TESTING:
A refusal to submit to alcohol testing shall result in the same consequences as refusal to
submit to drug testing as prescribed under that section.
84 DECEMBER 12, 1995
EMPLOYEES WHO FAIL AN ALCOHOL TEST:
a) A BAT (Breath Alcohol Technician) will conduct the procedure and
if the employee tests .02 but less than .04 s/he shall be prohibited from
driving for a period of 24 hours.
b) If the employee fails a second alcohol test within a six month period
where a reading of.02 is observed, s/he shall be assigned and paid as a
laborer for no less than three months, during which time the employee
shall,be subject to at least'three unannounced alcohol tests. At the
completion of this three month period, if there has been no further
positive test results, the employee shall be reinstated to his or her
permanent position. If the employee tests positive during this period,
s/he shall be immediately suspended and disciplinary charges shall be
filed accordingly. If at any time an.employee requests assistance for a
problem associated with any kind of substance abuse (in particular prior
to his being scheduled for testing) the town will extend every
consideration as long as the employee is sincerely motivated.
c) If an employee tests .04 or above, such employee shall immediately
be reassigned as a laborer and paid accordingly. S/he shall not be
reinstated to his permanent position until:
• The employee is evaluated by a substance abuse professional.
• Any requirements for rehabilitation set by the town and the
substance abuse professional have been completed.
•' The employee passes a return to duty test with a result below .02.
The employee will then be subject to no less than 6 unannounced
follow-up tests over the next 12 months
VII.Training:
Employees covered by the act will be given a copy of the town's policy and its provisions
will be fully explained. Manuals will be distributed which will discuss the methods used by the
laboratory to conduct tests; as well as risks associated with substance abuse. Supervisors will be
trained to determine the appropriate circumstances for conducting reasonable suspicion tests.
Reasonable suspicion is based on specific observations of a trained supervisor based on an
employee's behavior characteristics.
Such characteristics associated with substance abuse and for which an employee may be
directed to undergo a drug screen for reasonable suspicion include, but are not limited to:
• abrupt changes.in quality of work or work output
• unusual flare-ups or outbreaks of temper
• withdrawal from responsibility
• general overall changes in attitude
• deterioration of physical appearance and grooming
• wearing of sunglasses at inappropriate times (to hide dilated or constricted pupilsy
• association with known substance abusers
• excessive borrowing
• furtive or overt behavior
• odor on breath
• difficulty focusing
• glazed appearance of eyes
• uncharacteristically passive or combative behavior
• unexplained frequent accidents
• flushed skin
• blackouts
• odor.similar to burnt rope on clothing or skin
• slurred speech
DECEMBER 12,. 1995
Obviously, most of these characteristics by themselves may not be cause for reasonable
suspicion. However, in combination or frequency of occurrence, they may constitute a
reasonable suspicion and require an employee to be tested.
VIII. Procedures for Testing
Drug testing:
a) When an employee reports to a collection site s/he will be required to show photo
identification. Failure to appear at the scheduled time for a drug or alcohol test may be
construed as a refusal to submit and shall result in actions prescribed by Section VI of this
policy.
b) Outer garments and personal belongings shall be removed and placed in a secure location
in order to avoid concealment of items or substances which could be used to contaminate the
specimen.
c) Urine collection -The employee will be given a sealed specimen kit and instructed to
provide a urine specimen in the privacy of a restroom designated and prepared for collection
procedures, in accordance with DOT requirements. With the exception of the actual collection
of a specimen, a technician shall remain in the employee's presence at all times.
The employee must provide at least 45 millimeters of urine or be advised by the technician
that more is required. The employee will be required to`remain at the collection site for a
reasonable period of time until enough urine is collected. If the employee is unable to provide a
sufficient amount of urine, the employee may be directed to remain at the site until such time as
he is able to provide an adequate amount for a specimen. A separate container shall be used if a
second attempt is required.
Immediately after collection the technician shall, in the presence of the individual, record
the temperature of the specimen using the attached temperature strip on the collection container.
The time from urination to the temperature measurement shall not exceed 4 minutes. If the
.specimen temperature is outside the range of 90.5 to 99.817 there is reasonable suspicion of
adulteration/substitution, and the technician shall ask the employee if he or she would consent to
having his or her oral temperature taken. If the oral temperature dues not match that of the urine
temperature, a second specimen must be collected and both samples will be forwarded to the
laboratory. A visual inspection will be made to assess the specimen's color and to identify any
contaminants. Any unusual color or appearance resulting from the inspection shall be
documented on the chain of custody form. Color and appearance are both significant when
assessing the specimen. If the urine specimen is a non-urine color (i.e., green, blue, etc.) the
specimen will be considered invalid or probably adulterated. However, the specimen will be
forwarded to the laboratory for analysis. The technician shall pour 30 ml into one bottle (primary
specimen) and 15 ml into a second bottle (split specimen). Both bottles shall be shipped to the
laboratory.
The employee and technician will keep the specimen in view at all times prior to its being
sealed and labeled. The employee will be requested to observe transfer and replacement of labels.
to a second container is necessary.
The tamper proof identification will be completed and affixed to the specimen bottle and the
employee will initial the seal.,
The identifying information will be entered into the permanent record book and the
employee and technician will sign the book. The technician will continue to complete all required
data on the chain of custody form and instruct the donor to read and sign the appropriate
sections.
After collection of the specimen, the specimen shall be placed in securely sealed specimen
boxes. The technician will initial and date the tape, sealing the container. Specimens will be
shipped or mailed to the laboratory within 24 hours of collection.
DECEMBER 12, 1995
Alcohol Testing:
a) When an employee reports to a collection site s/he will be requested to show plioto
identification. Failure to appear at the scheduled time for a drug or alcohol test may be
construed as a refusal to submit and shall result in actions as prescribed by Section VI of this
policy.
b) The BAT will ask the donor if s/he has eaten or drunk anything, or used mouthwash, in
the 15 minutes prior to the test. If.the donor states that s/he has, and the BAT believes that what-
the donor ate or drank could contain alcohol, the donor shall wait 15 minutes prior to starting
the breath test.
c) The BAT shall describe the procedure to the donor and then conduct the test in
accordance with the written procedures which incorporate the requirements of 49 CFR part 40,.
and the EBT manufacturer's instructions.
d) When the test is printed on the printer, the BAT shall separate the three parts of the
form. One copy will be given to the donor, one copy will be returned to the employee's
employer and the BAT will retain a copy.
If the first breath test yields a positive test result (.02 or higher) the BAT shall then have the
individual wait for 15 minutes before starting another breath test.
After the required 15 minute wait, the BAT shall again test the donor. If this test is positive,
the BAT shall advise the donor that the donor has screened and confirmed positive for alcohol.
The BAT will immediately advise the designated town representative by telephone or by
electronic means, in a confidential manner, that the donor has tested positive.
The consequences for failing or refusing to comply with drug or alcohol procedures are
prescribed under Section VI of this policy.
IX. Chain of Custody:
Chain of custody is a record of every person who has responsibility for a urine specimen,
from the moment the specimen is collected to the moment its analysis is completed. In order for
the results of a particular specimen to be considered valid, it is necessary to show that the
specimen itself has been handled responsibly and that no altering or tampering of the specimen
has taken place.
A specimen is considered safely in custody only while it is in the physical control of a
responsible technician or placed in a locked desk, file cabinet or refrigerator. Appropriate chain
of custody forms will be utilized for the purpose of maintaining control and accountability from
initial collection to final disposition of all specimens. These forms will.always accompany the
specimen through use of information which matches label items, and a sequential number
assigned to each urine specimen obtained.
X. Medical Review Officer:
The lab reports all drug tests in a confidential manner to the designated Medical Review
Officer, or MRO. The MRO is a fully certified physician with knowledge of illicit drugs and how
they are metabolized by the human body. For confirmed positive drug tests, the MRO contacts
the employee by telephone and has a confidential discussion with him or her. The employer is
not notified of the positive test result until the employee has the opportunity to talk with the
MRO. Depending upon which drug was discovered, the MRO asks questions to End out
whether the drug was legally prescribed. If the employee can explain a positive test through a
copy of a prescription, the name of a doctor, or a copy of the label of the bottle then the MRO
will mark"Negative",on the drug test result. This is despite the fact that the laboratory did
correctly determine the test as positive.
DECEMBER 12, 1995 87
The employer will never know that the employee was under suspicion of a positive test,
unless the employee chooses to inform the employer. On the other hand, if the employee cannot
explain or justify to the MRO why the test was positive, the MRO will inform the employee that
the employer will be notified of the positive result. During medical review with the employee,
the MRO will inform the employee of the right to split analysis. After MRO verification of a
positive result, the employee will be informed by the MRO that he or she will have 72 hours to
provide a request for a split analysis at a second DHHS certified lab.
After MRO verification of a positive result, the MRO will notify the employer of the
positive result. The employer must remove that employee from any safety sensitive duties. If the
split analysis fails to reconfirm the drug, the results of the test are canceled and the employee
will be restored any wages that may have been lost during this period.
Conclusion:
The Town of Southold realizes that some employees who are subject to this policy may
need assistance beyond that which is required under the Omnibus Transportation Employee
Testing Act. The Town encourages its employees to utilize the Employee Assistance Program
and to.take advantage of what it offers. This program is available to all employees and their
relatives and is not specifically restricted to drugs and alcohol. Other problems may be
addressed, whether related to substance abuse or not. An employee need not wait until he tests
positive or needs assistance in resolving problems with drug or alcohol abuse before asking for
help.
WHO TO CALL- Barbara A. Rudder
Personnel Assistant
TELEPHONE - 765-4333
The Town of Southold's administrator to conduct OTETA requirements is the "National
Association of Drug Free Employees" (MADE). This company is comprised of the following
elements:
• Program administration
• Collection services
• Laboratory services
• Tests and related materials
• Medical review officer services
• Reporting and record keeping
• Training
• Random selection
NADE's offices are located at 811 Jericho Turnpike, Smithtown, New York. The HHS
certified laboratory utilized by NADE is Roche Laboratories. The company is highly qualified to
perform such services and has a proven track record in responding to client needs in accordance
with Federal, State and local regulations. Some of its better known clients are Consolidated
Edison Company, Stony Brook University, Town of Brookhaven, Town of Babylon, Met Life,
United Airlines and Delta Airlines.
39.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman
Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was declared duly ADOPTED.
DECEMBER 12, 1995
40.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the. Town Board of the Town of Southold hereby appoints
Kenneth J. Meskill as a member of the Southold Town Conservation
Advisory Council, effective January 1, 1996 through June 18, 1997 to fill
the unexpired term of Stephen E. Angell.
40.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham. . .
This resolution was duly ADOPTED.
41 .-Moved by Councilwoman Oliva, 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 appropriate funds for paying
unused vacation and compensatory time to Lauren Grant, Confidential
Secretary to the Supervisor:
To:
A1220.1 .100.200 Supervisor, Personal Services $ 3,861 .00
Full. Time Employees
Overtime Earnings
A1220.1 .100.300 Supervisor, Personal Services $ 1,688.00
Full Time Employees
Vacation Earnings
From:
A9901 .9.000.000 Transfers to Other Funds $ 5,549.00
Transfers to Health Plan
41 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
Amended March 5, 1996 . Resolution #23
42 .- Moved by Supervisor Wickham; seconded by Councilwoman Oliva,
WHEREAS, Public Officers Law bases the cost of printing the Town's legal
notices upon the paid circulation for those newspapers; and
WHEREAS, the Town should not pay more for its legals than it is legally
obligated to pay; and
WHEREAS, a newspaper's circulation can be accurately measured by an
audit from an accredited auditing firm; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby adopts
the policy that henceforth its Legal Notices shall be printed only in those
newspapers which provide to the Town an up-to-date affidavit of paid
circulation conducted by a qualified private firm specializing in such
audits such as the Audit Bureau of Circulations or equivalent.
42.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman
Hussie, Councilman Lizewski.
This resolution was duly ADOPTED.
43.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts
the following 1996 Community Development Budget, and authorizes and
directs Supervisor Thomas Wickham to execute the Project Description forms .
for the same:
Home Improvement Program $ 90,000.00
Housing Counseling Program $ 19,650.00
Robert Perry Day Care Center $ 6,250.00
Economic Development Program $ 25,100.00
Administration $ 15,000.00
Total $156,000.00
The following is submitted under the Competitive Grant Program:
. Robert Tasker Park Improvements $ 85,000.00
43.- 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: Those are all the resolutions, that are on our
agenda tonight prior to the public hearing. It's five o'clock, and I'll wait
for a motion to break into a recess for that purpose.
DECEMBER 12, 1995
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, 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.
Meeting reconvened at 5:05 P.M.
SUPERVISOR WICKHAM: We'll resume our regular session, and would a
Board member like to read 'the forty-fourth resolution?
44•- Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, there was 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"; and
WHEREAS, a public hearing was held on this Local Law on the 12th day
of December, 1995, at which time all interested person were given an
opportunity to be heard; now,__ therefore, be it
RESOLVED .that the Town Board hereby enacts Local Law No. 24 - 1995,
which reads as follows:
LOCAL LAW NO. 24 - 1995
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 & 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)
3seob'-9--Lane North North-Bayview-Reael -SedthoW
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions.
44.- 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: . That completes our agenda of resolutions this
afternoon. Now is an opportunity to hear what people in the audience would
like to convey to the Board, and perhaps the Board members to have some
comments. We'd be pleased to hear commentary from the audience limited to
five minute, if possible.
PHIL VANBOURCONDIEN:. Phil VanBourgondien, Southold. I have a
couple of questions. On the first resolution, the clothing ' for the Police
Department, per item, $569.80, per item?
TOWN CLERK TERRY: No. That is for a total of all the items. It would be
one shirt, one jacket, whatever. This Is how we determine who is the lowest
bidder by adding up.
90 DECEMBER 12, 1995
PHIL VANBOURCONDIEN: When you read it as per item, that's an
expensive pair of pants.
COUNCILWOMAN OLIVA:_ Phil,. it says, really, per item price.
TOWN CLERK TERRY: A total per item price of $569.80, is how it reads on
the resolution.
PHIL VANBOURCONDIEN: Very good. My other question was two .weeks
you expect to hear the final results on the PBA contract in 1995 from the
arbitrator?
SUPERVISOR WICKHAM: I think it's unlikely that those final results will be
out in 1995. 1 think they'll be out in January of 1996, although it's
possible this year, just' knowing how things work. Everything always takes
longer than it's supposed, it will probably be January. So, all the
depositions will be made. . The hearings have been held, in fact, some time
ago. It's just a question of three hearing officers. getting. . .each one has
now submitted his brief. Now, it's just a question of the three of them
agreeing finally on what's going to happen, and to make that happen the
lead hearing officer has to convene this group, and sit them down, and
make his views known to them, and that hasn't happened yet.
PHIL VANBOURCONDIEN: I've mentioned this before, and I had occasion
to spend the past week in Princeton, New Jersey, and I've brought up this
subject before, but they use down there, and that's a fairly good size town,
beautiful town, they use pedestrian crosswalks where all automobiles have to
stop. I've suggested that we use it in the hamlets, particularly. It would
take' the burden off the .Police Department, particularly in the summertime.
Every vehicle has to stop. Some people may say, it creates a traffic jam. I
don't believe that. Nassau Street in Princeton, New Jersey, is a very busy
street. It doesn't seem to congest traffic, and the pedestrian have a right
of way,_ and the cars must stop. I think it's a good idea. I hope that the
new Board will . take that .into consideration. Lastly, I would like to thank
you, Tom, for what I consider an excellent job in your two years of service.
I don't always agree with you. I don't always agree with the whole Board. I
agree with the Board more than I disagree with them, and I think you've
done an excellent job, and also would like to thank Dr. Lizewski, because
I think he has been putting out. . l should say, he's been looking out for the
businessman a little bit more, and we sure need somebody looking out for
the business man, because we don't have too many businessmen around here
anymore. It seems to be getting less and less when I see stores empty all
over. So, I thank you for your efforts, and the great job you've done, and
in fact the whole Board..
SUPERVISOR WICKHAM: Thank you, Phil. It's always a pleasure having
you here. We can always count on some provocative comments, and something
to stimulate the Board.
PHIL VANBOURCONDIEN: I don't want to appear to be a troublemaker,
but:. .
SUPERVISOR WICKHAM: I have to say, the Board performs best when there
are interested people out there, who express concern on issues, and keep
us focused on what we are working on. When we are left to our own
devices, is when you never can tell which way it's going to go. Mr.
Carlin?
FRANK CARLIN: Did you finish that public hearing?
SUPERVISOR WICKHAM: We did finish the public hearing on that stop sign,
and then we enacted the law, and it's been acted upon.
FRANK CARLIN: I'm going to make this my Christmas special of the year,
and I'm going :to try to cut it down tonight, cut it down a little short
here. That's right what you said, Tom, about you're very interested in
listening to the. people address the Board, and ideas for only five minutes.
You always used to cut me off.
SUPERVISOR WICKHAM: You've got five minutes, Frank.
DECEMBER 12, 1995 91L
FRANK CARLIN: Anybody on the Town Board watch the TV show,
Donahue, because you got it from Channel 8, Connecticut? That's right. It
wasn't on a regular channel. I happened to watch it. It was very
interesting. Wasn't it?
JUSTICE EVANS: You didn't miss a thing.
FRANK CARLIN: I happen to watch it. Very interesting, wasn't it?
JUSTICE EVANS: I didn't find it interesting at all.
FRANK CARLIN: I found it interesting in one direction. Again, it's a
shame that we didn't have anybody there representing the Town of
Southold, or our Police Department, because here's one statement Donahue
said. Towns with no police, says Donahue. Creenport has no cops. You're
giving people around the country that there's no police protection there at
all. The people in the country must think, my Cod, what's going on out
there on Eastern Long Island? Donahue mentioned over public television
having sex on the Chief's desk. The people around the country must be
thinking, what's going on out there on the east end of the island? Nobody
there to stand up, and to protect us, our rights here. I'm looking at you,
too, Joe. I got something coming up here. You should have told me, Joe,
don't buy easy. I don't accept things that easy, when I know I think
might be right. Awful. But, the most important thing, that I want to do
here, and it came two minutes before Donahue went off the air. Donahue
said, oh, incidentally, we invited Southold Town, but they failed to come,
because of the lawsuit, they didn't want to come because of a lawsuit.
That's strange. Mayor . Kapell is the one that got the lawsuit, . and you
weren't willing to go, Joe. Why didn't you want to go, or Tom? Protect the
people in Southold Town. .. You're representing the town, or our Police
Department, somebody from our Police Department. Very strange. That's
what I wanted to hear, because you said at the last Board meeting I was
here, you said, that you were never invited. You wasn't invited, and you
wouldn't have went because there was a lawsuit pending. Did you say that?
SUPERVISOR WICKHAM: When you're finished, we'll respond.
FRANK CARLIN: Because I asked that. Why didn't you go, and you gave
me an answer. That was on November 14th meeting. I asked you that
question, why didn't someone of you two go, and you gave me an answer.
Now, you give me the answer.
SUPERVISOR WICKHAM: Are you all done, Frank? If you are we'll respond
to it, because Joe may want to respond. I might also have some comments.
Are you done?
FRANK CARLIN: I'm done if I don't have to respond back to you, which
I have the right to do.
SUPERVISOR WICKHAM: I'll speak first, and then Joe. You asked why we
didn't defend the Town by being there. The best defense of the town was
for us not to be there. That was exactly the recommendation we got from
legal advise. The best defense of the Town's interest is, not to be there.
To have been there (tape change) Do you want to add anything?
COUNCILMAN TOWNSEND: I got the same advise, but I'm quite certain, I
never made it a secret, that I was invited to that program. I think the
papers reported it that I was invited, and I don't remember telling you that
I wasn't invited. There was no reason for me not to tell you that. It may be
in the minutes. I don't know. You can look in the minutes.
FRANK CARLIN: I can look in the minutes, because you had to give me an
answer, one way or another one way or another. You said that you weren't
invited.
COUNCILMAN TOWNSEND: You must have misheard me, Frank.
SUPERVISOR WICKHAM: Were you invited, or not, Joe?
COUNCILMAN TOWNSEND: I was invited, and I think you must have
misheard me, if you think I said I wasn't.
92 DEC EMBER 12, 1995
FRANK CARLIN: You was invited, and you didn't want to go on account
of this would have been involved. . There wasn't any big issues there.
There wasn't a lot of issues;. but at least somebody to be there to at least
represent our town.
SUPERVISOR WICKHAM: Frank, we will be well represented in court. The
television station is not a proper place for legal representation.
FRANK CARLIN: But if "Kapell could have went there, and he had the
lawsuit.
SUPERVISOR WICKHAM: That's fine. That's for him to decide. Anything else
that you want to bring to the Board's attention, Frank?
FRANK CARLIN: I want to speak on another subject. I wasn't going to
do this, but I can either- do it too late. I can either do it two ways.
can either walk away, and come back, because I'm allowed five minutes on
any topic to- address the 'Board. Do you want me .to walk away, and come
back?
SUPERVISOR WICKHAM: I'll tell you Frank, if you continue here could you
keep it to two and a half minutes.
FRANK CARLIN: No. What for? I'm entitled to five minutes on any topic.
SUPERVISOR WICKHAM: Then why don't you walk back, and we'll see if
somebody else would like to- speak? Would anybody else like to address the
Board on any matter? Yes, ma!am?
SUSAN - MADIGAN: Sorry '. I'm late. I meant to be here earlier, but I have
a patient' at home. I came.here to thank you, Tom, for your two years here.
Susan Madigan, Village Lane, Orient. I'm here actually to just thank you
for all the work you've done for us, particularly I'm grateful to you for
our fight against the ferry, which unfortunately is beginning to rear it's
ugly head, and is in full force again, and I'm sorry you're not there. Maybe
you're not, but we are. That you're not there to help us. I want to thank
you for all you've done. for us, not only for the ferry, but I'm very
grateful, and I'm glad I got to know you, and I hope we will continue to see
you.
SUPERVISOR WICKHAM: Thank you very much, Sue. It's a pleasure seeing
you, and others in the audience. Would anyone else like to address the
Board this evening? The gentleman in the back?
FRANK CARLIN: I'll keep it short. The man wants to go home and have
his dinner, too.
SUPERVISOR WICKHAM: Name, please?
FRANK CARLIN: Frank Carlin. Didn't make the last Board meeting, but
knew what went on. When it got down to that public„ hearing there on
property merger I was sitting there; and started to laugh. My wife said,
what's the matter with you, Frank? What are you laughing at? I just can't
help it. I just can't help watching what's going on there. I hate to say
this, but sometimes I think, now, this is my opinion, sometimes I actually
think that some of you people on the Board before you even have the public
meeting your minds are . made up on what you're going to vote on. Mr.
Gardner had some good points there. Good points to. be listened to. Tom
Samuels had a good point there. You see how much property is involved,
you. won't be in a hurry to vote on this resolution. You did the same thing
on the YMCA. You shot that thing through, knowing the people might want
to vote on it, giving away .Town property. No Environmental Impact Study
was done, but you shot that through faster than a shell being blasted off to
outer space. Like it was, well, what's the difference? If it backfires in
the future; or something goes wrong, the next Supervisor will be here.
She'll have to answer to it, or somebody will have to answer for it. It's
very interesting .that our Councilwoman from Fishers Island never said
anything about 'why she voted for it. Tom, he had a shot at it, and then he
passed it over to Joe. Joe spoke on it. He passed it over to Ruth Oliva,
and she spoke on it.' It's very interesting that you never had any comment
of why you were voting on it. Well, anyway it passed, and it passed, but
DECEMBER 12, 1995 93
it's very
interesting how .things go there. Boom, boom, boom, can't wait. Always in a
hurry. The man had some good points there, Mr Gardner from Nassau
Point. Tom had a good one, too. I could see that when I was home. I
thought, God, why don't they wait awhile, and see. 1 don't understand. One
more thing, because when I have something to settle, I have to settle it,
and that's it, because I'd have a hard time sleeping at night if I don't.
I'm going to keep this short. I going to go into this, but I'm going to keep
this short, and then we'll go home. Long Island Expressway, I've got the
original copy here. September 22, 1994, here's a regular copy of the Long
Island Expressway to Mattituck resurfaces, the meeting that was held in the
Riverhead Town Board. They were all there. You were there, Tom. They
know what was said. You know what was said. I going to leave it up to the
people, but here it is, right here. I want to give it to you. Does anyone
have a copy of this? I going to give you each a copy. Read it. It's very
interesting. This will be the last one for me this year, Tom. Very
interesting, when you read it. All can't be lies. There are two things
want to read here. I can't read the whole thing, it's too much. Just two
things, and that's going to be finish it. Well, I want to do three things,
and that will be it. One thing two weeks ago, Acting Supervisor Stark
said, I never discussed Long Island Expressway with Tom Wickham. In the
September issue, 22nd issue, 1994, within hours of this discussion
Riverhead Town Board members garnered crucial support for Supervisor Tom
Wickham. That's the meeting that Stark was at, Janoski was there, and
they all were. there. Two more, and that's it. Mr. Wickham continued, an
express route would be a sensible thing to do. But Supervisor Wickham
said, he believes full extension may be the best solution. I'm not going to
go on, and say what else he said. .. He said about the maps, and the Planning
Board. Read it. It's very interesting. F wish everybody could read it. I'm
going to leave that up to the public to decide on that. Now, that's all I
have to say,, and it all can't be wrong. We have to take it for what we
believe in, and I want to finish by wishing you all a Merry Christmas and
Happy New York.
SUPERVISOR WICKHAM: I'd like to respond to this. I think you've been a
very. effective mouthpiece for the Republican organizations propaganda, but
there's a couple of mistakes.. I was not at that meeting, as you said I was.
FRANK CARLIN: Then the whole thing is wrong here, Tom.
SUPERVISOR WICKHAM: The whole thing is wrong. Frank, you said it in a
nutshell.
FRANK CARLIN: Can everybody be wrong? Can the whole paper be wrong
all the time?
SUPERVISOR WICKHAM: Frank, you have said it in a nutshell. Everything
is wrong here, as quoted. You've said it, and you're exactly correct. It's
the most accurate thing you've said this evening.
FRANK CARLIN: I didn't say, it was wrong. I said, could it be wrong?
SUPERVISOR . WICKHAM: You said, everything is wrong here, and you're
right. The woman called. me,_ the reporter called me after that Riverhead
Town Board meeting late at night, and said, Tom, what do you think of
this, and I said, it is an issue that should be studied. It is something
that you should look at, not the extension, but the provision of better
traffic flow to and from the North Fork. I have said that repeatedly. I have
said it many times. The letter that Bob Gaffney sent out to some 6,000
residents, in the Town of Southold the day before the election, is a blatant
lie. It is an outright lie, and it said that I support this, and it further
says that I had supported legislation from the Town, and an application to
the State to do that. No such thing, and he knew it was a lie. That's why
it came out the day before the election, so it couldn't be refuted, and as
you said two minutes ago, all of this is wrong. It's basically taking things
out of context, basically on the part of the newspaper or a reporter putting
things in a way that would sell newspapers, or for whatever reasons, and it
is not accurate reflection in my thinking. There has been nothing I have
94 DECEMBER 12, 1995
ever said, as a public official, there's nothing I've ever said, as a member
of the Town Board, there's nothing .I've ever said at a public meeting, that
support an extension of the Expressway. You know it. The Republican
organizations knows it. ,'Bob Gaffney knows, but it still makes wonderful
propaganda to try to win elections, and the best time to use it, the day
before the election, when it's impossible to respond.
FRANK CARLIN: Now, 'we_ have two things. That letter was wrong. This
letter is wrong.
SUPERVISOR WICKHAM: You said it yourself a minute ago.
FRANK CARLIN: Everything is completely wrong. Nothing in that letter,
but like I said to you before, the Riverhead Town Board was at that
meeting. In their mind they should know if some of this is true or not.
That's all I can say.
SUPERVISOR WICKHAM: Riverhead Town Board took an action for
Riverhead. That's it's business. We were not involved. I was not at that
meeting, as Stark correctly said, he and I had never had any discussions
about this.
FRANK CARLIN: Yet he comes along, and says in here, that within
minutes. .
COUNCILWOMAN OLIVA: Do you believe what you .read in the paper?
FRANK CARLIN: I shouldn't believe anything when you're running for
election next year, or two years from now, Ruth Oliva. I shouldn't believe
that either, should I?
SUPERVISOR' WICKHAM: Co ahead, Frank, I'm listening.
FRANK CARLIN: Another. thing, Tom, don't tell me about for the
Republicans. I stood up here many a times. .now you got me going. I stood
up here many a times;.. and I said, I don't care if you're a Democrat,
Republican, Conservative, or Independent, if you're wrong I'll tell you so.
I'm not standing up here only defending the Republicans. I'll defend the
Democrats, too, if I .think ' they're right. Don't go saying that I'm a
Republican tool here, which I'm not. 'I'm not. I tell you the trouble with
you, Tom, maybe you wonder why you lost the election. It's either your
way, or no way.
SUPERVISOR WICKHAM: . Frank, I'm responding to your question. Is there
anybody else in the audience, who would like to address the Board this
evening on any of these matters?
FRANK CARLIN: It's . either your way, or no way. That's one of the
reasons why you lost, and another thing I got many complaints about people
coming to me, and saying. . .
SUPERVISOR WICKHAM: Would anyone on the Town Board. .
FRANK CARLIN: One more thing. Like President Truman once said, if you
can't .stand the heat stay out of the kitchen, and you can't stand the heat
with me anyway.
SUPERVISOR WICKHAM: Would anyone on the Town Board like to address
any of the issues that are before us?
COUNCILMAN LIZEWSKI : I'd like to take this time to wish everybody a
Merry Christmas, and thank the voters out there for trusting me for four
years. I think the opportunity to serve on this seat as a Council of the
town is one of the highest honors that anybody could ever • receive. The
responsibility to legislate, and to serve the ' town, is - a wonderful
opportunity, and not everybody has it. I've had the opportunity to do it for
four years, and I want to thank the public for giving me support. I want to
thank them for giving me the opportunity to do so. Maybe someday I'll have
DECEMBER 12, 1995 95
the opportunity to sit here again, but it's been a wonderful four years, and
I've learned an awful lot. I've contributed as much as I could, maybe
sometime from an angle that some people didn't appreciate, but I think
everybody has to have a different opinion to make democracy work, and I
have a lot of faith •in the people in this town, and I want to thank them for
that opportunity. Thank you very much.
SUPERVISOR WICKHAM: Thank you, Joe.
COUNCILWOMAN OLIVA: I'd just like to wish everybody a very Merry
Christmas.
COUNCILMAN TOWNSEND: Same here.
COUNCILWOMAN HUSSIE: I'll add a Merry Christmas, too, obviously, and a
Happy New Year.
SUPERVISOR WICKHAM: . . Alice doesn't want to be left out. I'd like to read a
brief proclamation that the Town prepared for George Sullivan, who is our
outgoing Receiver of Taxes. The term of office for Receiver of Taxes ends
at the end of November, and this is a proclamation that the Board has
prepared for him.
Moved by Supervisor Wickham, seconded by The Entire Town Board,
WHEREAS, GEORGE R. SULLIVAN, a most esteemed official of the Town
of Southold retired from public services on November 30, 1995; and
WHEREAS, GEORGE R. SULLIVAN has loyally served the Town of
Southold as RECEIVER OF TAXES FROM December 1, 1889 to November 30,
1995; and
WHEREAS, RECEIVER OF TAXES SULLIVAN's record - of service and
dedication to the Town of Southold deserves the sincere gratitude of those
with whom and for whom he has served; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby
expresses sincere appreciation to GEORGE R. SULLIVAN for his
wholehearted cooperation on behalf of the Town, and extends best wishes for
the years ahead; and be it further
RESOLVED that a copy of this resolution be presented to GEORGE
SULLIVAN and entered in the permanent records of this Town Board
meeting.
DATED: December 12, 1995.
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 say ' on behalf of the Town,
that we wish him well, and are ,pleased to have had his service here. Sorry
that- he couldn't make it. We had hoped that he would here this afternoon,
but some other business must have come up, and couldn't make it. I'd like
to refer very briefly to the comment that was made earlier about the Lot
Creation and Merger Ordinance that the Town acted upon two weeks ago.
This is an ordinance that essentially handles the method in which
grandfathered lots will be considered. I think there was a concern on the
part of some members of the public, and maybe even some members of the
Board, that it would open up the flood gates to a lot of created lots that
would not otherwise be legally created, and I just wanted to reassure people
that it doesn't. At the meeting two weeks ago, the Board and I said that we
would be open to some way of publicizing this to the public, outlining how
the law works, and some of the provisions of the law. In discussions with
the Board today, turns out that this is a sufficiently complicated law, that
we really don't think that any effective way - is available to publicize it
through a meeting, or hearing. Rather we would just like the public to
know, the real estate people, the attorneys, people who deal with property
in the town, that there is a new law on the books, that we in Town
government would be pleased to receive their concerns, and receive their
questions as to how to deal with it. Each case is going to be handled quite
differently. The law permits a method of handling each case, so that- it can
be evaluated properly. . We don't think that a public presentation can do
justice to the separateness, and individuality of each case. So, rather what
we're saying is that- we in Town government, Town Attorney Office, my
office, the Supervisor's Office, Planning Board, Zoning Board, Building
96 DECEMBER 12, 1995
Department, are all available and open to people who would like to find out
what the implications of this new law may be on their own property. I might
also say that there was a question at the last Board meeting that the Board
undertake an enumerations, and find out how many people would be affected
by this, if that were to be done. So, I've asked the Planning Board office
together with the Zoning Board Office, to. ascertain what would be required
to do that, and their response back to us was that it would be an exorbitant
load, and a burden, it -would be extremely costly. It might also open the
Town up to. liability, and .in' short probably should not be undertaken. That
is the latest on the ordinance for merger and lot creation that we enacted
last week. The Town officials are open to discussing it with people, who may
wish to bring their concerns to the public. Are there any other notices or
comments the Board members would like to make? (No response. )
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town meeting be and hereby is adjounred at 5:35
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.
Judith T,Terry
Southold Town Clerk