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HomeMy WebLinkAboutTB-01/11/1994 82 SOUTHOLD TOWN BOARD JANUARY 11, 1994 EXECUTIVE SESSION 9:10 A.M. - On motion of Councilwoman Hussie, 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.---The Town Board met with Special Counsel Frank A. Isler to discuss the Stipulation of Settlement and Compliance Schedule of the DEC with regard to the Landfill Lawsuit. 10:10 A.M. - Warren Sambach Sr. and Roy Schelin met with the Town Board to discuss Mr. Schelin's application for a Transfer Station Permit. Also present: Senior .Planner Valerie. Scopaz and Head Building Inspector Tom Fisher. Mr. Schelin explained that he . will accept construction demolition, scrap metal, damaged cars, refrigerators, stoves, , wood, aluminum - all recyclables, including glass and plastic, and will truck it out of town. Mr. Sambach said an application has been made to the DEC. for a transfer station. Initially the Board thought this should be described as a' recycling and salvage facility, but the Town Attorney advised that transfer station would be a satisfactory title. Resolutions 21 S 22 were placed on the agen to begin the SEQRA process. 10:35 A.M. - Tom Samuels, Chairman of the Stewardship Task Force, and members Michael Zweig and Greg Palast, along with Planning Board member Mark McDonald, and Senior Planner Valerie Scopaz., met with the Town Board to bring them up .to date. They advised the Board they will soon be presenting the Town Board with draft recommendations on transfer of development rights, winery uses, transportation plan, zoning code and map, and signage control. They. outlined recommendations that are still ;in the discussion stage. Mr. Samuels advised that they plan to hold five hamlet meetings over February and .March to seek assistance from the hamlet residents in identifying growth areas and preservation areas.---Mr. Palast then presented to the Town Board proposed code changes to restrict fast food restaurants. After a discussion of the proposal, it was agreed that Councilwoman Oliva would work with Town Attorney Dowd to draft a local law incorporating the recommendations for the Town Board to review at the January 25th work session. 11 :25 A.M. - -Gerard Goehringer, Board of Appeals Chairman, accompanied by Head Building Inspector Tom Fisher, appeared before the Town Board to bring to the Board's attention at least two occasions the Building Department may have used an old rule concerning an attachment between an accessory building and the principal building, , and the principles for setbacks, yard location, etc. Any attempt to deviate from the zoning requirement will require the property owner to apply for relief .from the Board of Appeals in accordance with the rules of procedure established in' the zoning code. Mr. Goehringer had anticipated the appearance of a resident who wished to request the Town Board to waive a filing fee for appeal, but due to the absence of that individual was unable to proceed further w an explanation of the problem. JANUARY 11 , 1994 v 3 11 :55 A.M. - Supervisor Wickham called for a discussion on Youth. He submitted a list of seven general principals .for discussion purposes, to guide the Town Board as it develops policies in support of the youth of Southold Town. Also in attendance: Detective Beth Wilson, DARE Officer, Recreation Director Kenneth Reeves, and Community Development Administrator Jim McMahon.---Supervisor Wickham's first point:' "There is at present significant support toyouth through various existing organizations .and institutions, but that support has tended to be uncoordinated and in many respects inadequate. Town support should be designed to give those existing programs great impact, not . to substitute for them." Councilman Lizewski said that his number one objective is the creation of a new body with leaders of all community sports groups as members. Councilman Townsend said he would like to see a coordination of existing community activities, services and facilities. Justice Evans said she will not be ready to move forward until she has had discussions with professional people. Councilwoman Hussie said she would like to find out what. areas. of need exist that are not addressed and covered by the school districts. Supervisor Wickham said he is in agreement with Councilwoman Hussie, but also feels there is a need for the group Councilman Lizewski .proposes.---An agreement was reached for Councilman Lizewski, Councilwoman Hussie and Supervisor Wickham to come up with a more explicit statement for the January 25th work session. 1 :15 P.M. - Town Trustees Krupski, President, Holzapfel, Albertson, Garrell, and Wenczel met with the Town Board to discuss designation of creek dredging projects, and the placement of spoil from the projects. The Town Board agreed that the Town Trustees should have the responsibility for developing the priority list„ and spoil placement should be in their jurisdiction, and they will submit to the .Town .Board for the 25th of January, their recommendations.---The Trustees also asked the Town Board to abolish the Shellfish Advisory Committee. They see this as a Trustee responsibility should they wish to create one. The Board agreed, and a resolution to abolish will be placed on the January 25th agenda.---Thirdly, discussion,was held with regard to the progress of the Local Waterfront Revitalization Program. Councilwoman Oliva E Trustee Garrell will call a meeting of the Advisory Committee, and invite a representative of the Department of State.---Another .item of discussion was the litigation with the Department of State regarding the ownership of Hallocks Bay, in the area of Long Beach, Orient. They would like to pursue the 'litigation to determine jurisdiction based upon the Andros Patent.---Finally, discussion was held concerning road runoff and the resurfacing of Route 25 to Orient Point. The Trustees, joined by Councilwoman Oliva, will formulate a plan and priority list and arrange a meeting with the DEC to discuss remediation measures. 1 :50 P.M. - Recess for lunch. 3:10 P.M. - For Discussion Items: (1) Youth matters discussed at 11 :55 A.M. (2) Reaffirm Policy Decisions to be held for January 25th work session. (3) Change of Zone petition of E.M. Kontokosta (Southold Commons) - see .resolution no. 23. (4) Creation of a Commission on Taxes, Town Hall Space. Management Committee, and Groundwater Resources Committee was put on hold until January 25th. (5) Councilman Townsend stated his proposal to engage a professional to conduct a review of various .Town departments in an effort to provide a better, more cost effective Town goverment; and to improve the efficiency and service of the Town departments utilizing the existing staffs. Councilman Townsend was authorized to seek proposals. EXECUTIVE SESSION 3:45 P.M. - On. motion of Councilwoman Hussie, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss Assessors, - Planning Board, litigation (Brooklyn Historical Society) . Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans.---As a . result of this Executive Session, the following resolutions were added to the Regular Meeting agenda: No. 24. To appoint Scott Russell as Chairman of the Board of Assessors. .No. 25. To declare the Planning Board seat to which Henry P. Smith has been appointed as vacant.. No. 26. To appoint Bennett Orlowski, Jr. to fill the vacant seat on the Southold Town Planning Board. 5 :20 P.M. - The Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. One additional resolution, no. 27, was placed on the agenda for a budget modification regarding Tasker Park improvements. 5 :25 P.M. - Work Session adjourned. 84 JANUARY 11 , 1994 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on January 11 , 1994, at the Southold Town Hall, Main Road', Southold, New York. Supervisor Wickham ' opened the meeting at 7:30 P.M. , with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. 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 SUPERVISOR WICKHAM: I will hear a motion to approve the audit of the bills dated January 11 , 1994.. Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the following' bills be•:a.nd hereby ordered paid: General Fund Whole Town bills in the amount of ,$140,478.22; General Fund Part Town bills in the amount of $45,744.62; Nutrition Fund bills in the.amount of $1 ,930.68; SNAP Program bills in the amount $226.59; EISEP Program bills in the amount of $27.40; Highway Fund Whole Town bills in the amount of $11,161 .65; Highway Fund Part Town bills in .the amount of $11 ,161 .65; .Tub Grinder/Stump Buster 'Cap bills in the amount of $13,800.00; Employee Health Benefit Plan bills in the amount of $18,334.32; Fishers Island Ferry District bills in the amount of $13,904.81 ; Refuse & Garbage District bills in the amount of $1,•010.62;Southold Wastewater District bills in .the amount of $58-1 .00; Southold Agency E Trust bills in the amount of $2,299.62; Fishers Island Ferry District Agency S Trust bills in the amount of $906.79. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. . SUPERVISOR WICKHAM: I'll entertain a motion to approve the minutes of December 21 , 1993. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the December 21 , 1993 Town Board meeting be and hereby approved. . Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. SUPERVISOR WICKHAM: Would anyone like to move the next Town Board meeting? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board will be at 4:30 P.M. , Tuesday, January 25,. 1994, at the Southold Town Hall, Southold, New York. • Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. .I . REPORTS. 1 . Southold Town Community Development Monthly Report for November, 1993. 2. Southold Town Program for the Disabled Monthly Report for December, 1993. 3. Southold Town Recreation Department Monthly Report for December, 1993. 4. Southold Town Clerk's Monthly Report for December, 1993. 5. Southold Town Clerk's Annual Report for 1993. 6. Southold Town Building Department Monthly Report of December, 1993. 7. Southold Town Justice Tedeschi's Monthly Report for December, 1993. 8. Southold Town Justice Price's Monthly Report for December, 1993. 9. Southold Town Justice Edwards', Monthly Report for December, 1993. 10. Southold Town Planning Board Monthly Report for December, 1993. 11 . Southold Town Board of Trustees Annual Report for 1993. 12. Scavenger Waste Treatment Facility Monthly Report for December, 1993. JANUARY 11 , 1994 85 13. Councilmen's Report. 14. Supervisor's Report. 15. Southold Town Community Development Monthly Report for December, 1993. 16. Southold Town Community Development Yearly Report for 1993. 17. Lawrence Healthcare CSEA Year End Report for 1993. 18. Lawrence Healthcare PBA Year End Report for 1993. 19. Southold Town Trustees Monthly Report on Fees for December, 1993. 11 . PUBLI.0 NOTICES. 1 . Corp of.Army Engineers; New York District, application of Raymond Goodwin to construct a fixed pier, a hinged ramp and a float to be secured by two dolphins. Project located in Little Creek, Little Peconic Bay, Southold Town, New York. III . COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR WICKHAM: We have tonight an agenda with some twenty-seven resolutions. We have no public hearings scheduled. We're open to comments from the audience. People, who are here, who would like to make any comments at this time, regarding resolutions; that are before us, and to be taken up in this evening's agenda. In addition, at the end of the meeting, if anyone in the audience has additional comments they'd like to make on any other items, or these resolutions, they're welcome to do that at this time. : So,'' at this point, are there any comments on tonight's resolutions on the agenda? RAYMOND EDWARDS: Ray Edwards. Resolution number 9, rescind Resolution No. 25, adopted on September 21 st, what is that resolution, please? JUSTICE EVANS: It's the 911 with the call forwarding system. RAYMOND EDWARDS: . Call forwarding:. Thank you. SUPERVISOR WICKHAM: Any other comments on tonight's resolutions? (No response.) If not, we'll move into the first resolution. If not, J.oe do you want to start? 1 .-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was , RESOLVED that- the Town Board of the Town of Southold hereby adopts the following 1994 Community Development Budget, and authorizes and directs Supervisor Thomas Wickham to exceute the Project Description Forms for same: Southold Town- Housing Rehabilitation: and Home Improvement Program: Rehabilitation of. private homes of low/middle income families . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . $90,000. Family Self-Sufficiency Program: Social worker and application ,fees to support the Section 8 Program (50 families) . . . . . . . . . . . . . . . . . . . . .$10,000. Housing Counseling Program: Provide relocation, mediation, placement, application and technical assistance . . . . . . . . . . . . . . . . . . . . . .$15.000. Public Service Programs: Rent and space cost for North Fork Housing Alliance and support of the Emergency Food Pantry . . . . . . . . . . . . . . . .$22,200. Clinton Memorial Child Day Care Center: General support to not-for-profit child day care center, serving low-income families . . . . . . . . . . . . . . . . . .$10,800. Administration: Administration of Community Development Program . . . . ... . $15,000. Total Budget $163,000. I .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 8,6 JANUARY 11 , 1994 2.-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 submit to the Suffolk County Community Development Consortium the, following 1994 Community Development Competitive Grant(s) Program applications: Tasker Park Renovation $20,000. Add softball field, fence-and bleachers to- an existing facility . Foreclosure Assistance $50,000. Foreclosure counseling and assistance to 8 - 10 families. Clinton Memorial Day Care Center $50,000. Financial assistance to child day care Program. Community Service Training Office $50,000. Section 8 Rental Assistance Office, Records Office, LIFT Program, FSS Program . Leveraged Investments for Tomorrow Program $43,975. Help disadvantage youths that have dropped out of high school. Renovation of Youth Service Center $41 ,400. 218 Center Street, Greenport. 2.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution Was declared duly ADOPTED. 3.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the' Town Board of the .Town of Southold hereby accepts the bid of East Area General Contractors, Inc. , Southampton, N.Y. , in the amount of $59,989.00, for construction of a concrete block building to house storage and restroom facilities at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y. , all in accordance with the bid specifications; and be it FURTHER RESOLVED that the Town Board hereby authorizes and directs Supervisor Thomas Wickham to execute a contract between the Town and East Area General Contractors, Inc. for the aforesaid project. 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution. was declared duly ADOPTED. 4.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the- resignation of Christine Schriefer, Student Intern in the Supervisor's office, effective December 30, 1993. 4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This reso.lution was declared duly .ADOPTED. 5.-Moved by Councilman Lizewski, seconded by Justice Evans, it was. RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department. of Transportation to establish a 25 mph speed limit on Sound Beach Drive, in the Captain' Kidd area of Mattituck. 5.-Vote of the Town Board: Ayes: Justice Evans, Council-woman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 6.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Elizabeth A. Neville, Deputy Town Clerk, and Antonia S. Booth, Town Historian, To attend a Grant Application Review Session for the 1994-95 Local Government Records Management Improvement Grant,' sponsored by The State Education Depart- ment, State Archives and Records Administration, on Thursday, January 13, 1994, from 9:30 A.M. to 11 :30 A.M. , at the State Office .Building, Hauppauge, and the necessary, expenses, for lunch, and travel, using a Town vehicle, shall be a legal charge to the Town Clerk's and Town Historian's 1994 Budget. 6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. JANUARY 11 , 1994 87 7.-Moved by Councilman Townsend, seconded by Councilman Wickham, it was RESOLVED that the: Town Board of the Town ,of Southold hereby authorizes .the following budget modification to the General Fund - Whole Town 1993 Budget to appropriate, November income from "Latch-key" child care program to cover payroll and program expenses: To: Revenues A1310 Day Care Tuition $ 332.00 Appropriations: A6055.1 Day Care, Personal Services $ 262.00 A6055.4 Day Care, Contractual Expenses 70.00 7.-Vote of the Town .Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend; Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 8.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the Town of Southold and the North Fork Animal .Welfare League, Inc. for dog control officer and dog shelter services for the period from January 1 , 1994 through December 31 , 1994, at a sum' of $115,000.00, to be paid to the League in twelve equal monthly ,payments. 8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution, was declared duly ADOPTED. 9.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 25, adopted on September 21 , 1993, "authorizing the expenditure of a sum not to exceed $2,000.00 to cover the cost of implementing the configuration of a new 911 circuit to serve .Fishers Island, all in accordance with the proposal submitted by Justice Raymond W. .Edwards, dated September 21 , 1993; said proposal to include a radio link installed in Southold, with antenna and hardline coax cable." 9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was. declared duly ADOPTED. 10.-Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a Service Agreement between the Town of Southold and Lawrence Healthcare Administration Services, Inc., for processing all medical and managed care benefit claims with respect to the Town's self-funded Health Care Benefit Plan, at a fee of $8.85 per employee per month for medical, and an addition fee of $2.25 per employee per month for a managed ,"care program, for the period from January 1, 1994 through December 31 , 1994, all in accordance with the approval of the Town's Insurance Consultant William F. Mullen, Jr. 10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 11 .-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an application to the Senate Insurance Company for Excess (Stop Loss) Insurance in connection with the Town of Southold's self-funded Health Care Benefit Plan, all in accordance with the recommendation of the Town's Insurance Consultant William F. Mullen, Jr. 11 .-Vote of.the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 12.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,. WHEREAS, the Town Board of the Town of Southold has designated several banks for the deposit of-Town_ funds; and WHEREAS, the General Municipal Law, §10 requires that all public funds in excess of the amount insured under the provisions of the Federal Deposit Insurance Act be secured; and 88 JANUARY 1-1 , , 1994 WHEREAS, deposits of the Town in excess of the amount insured are secured by eligible securities in accordance with General Municipal Law, §10; and. WHEREAS, the General Municipal Law, §10, requires that all securities pledged to secure deposits be held pursuant to a written security and custodial agreement; and WHEREAS, the written security and custodial agreements between the Town and. the depository .banks specify that a custodian be designated; now, therefore, be it . RESOLVED that the Town Baord of the Town of Southold hereby appoints the following custodians to provide safekeeping services to. hold securities pledged in a custodial account on behalf of the Town of Southold: Chemical Bank United States Trust Company of New York Chicago Trust Company of New York 12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 13.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Holzapfel, member and Chairperson of the Southold Town Conservation Advisory Council, effective January 1 , 1994 when he took office as a Southold Town Trustee. 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 14.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 21 , adopted on December 21 , 1993, . appointing Debora L. Ginas as a Public Safety Dispatcher - I from the Suffolk County Department of Civil Service Certification of Eligibles. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman. Hussie, Councilman Lizewski, Supervisor. Wickham. This resolution was declared .duly ADOPTED. 15.-Moved by Councilwoman Hussie, seconded. by Councilman Lizewski, it was RESOLVED that the "Town Board of the Town of Southold hereby rescinds resolution no. 22, adopted on December 21 , 1993, appointing Sheila M. Klos as a Public Safety Dispatcher I from the Suffolk County Department of Civil Service Certification of Eligibles. 15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This .resolution. was declared duly ADOPTED. 16.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the. Town Baord of the Town of Southold hereby authorizes Planner Melissa Spiro and Data Control Supervisor Jeanne Ruland to attend a meeting on Janaury, 12, 1994, at -10:00 A.M. , with ,the Suffolk County Planning Department, at the Suffolk County Center, Riverhead, regarding use of computer-generated land- use maps, with the use of a Town vehicle for transportation. 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Townsend, `seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the .Town of Southold hereby rescinds resolution no. 55, adopted on January 4, 1993, authorizing the Town Clerk to advertise for resumes for a part-time Clerk Typist for the Supervisor's Office. 17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 18.-Moved by Justice Evans, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town "Clerk to advertise for resumes for a part-time Clerk-Stenographer for the Supervisor's Office, 17-1/2 hours 'per week, $7.25 per hour. 18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie Councilman Lizewski, Supervisor Wickham. This resolution was' declared duly ADOPTED. JANUARY 11 , 1994 8` " 19.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check for textbooks for the lifeguard training program; amount to be determined once registration is complete; check payable to the American Red Cross; charge to be made to A7320.4, Joint Youth. This program is to be held at the Brookhaven National .Lab Pool :from January 15," 1994 through April 2, 1994. Vote of the Town Board: . Ayes:. Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,- Supervisor Wickham. This resolution was declared duly ADOPTED. 20.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that thel Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for spring recreation instructors in The Long Island Traveler-Watchman and The Suffolk Times; said charges to be made to A7020.4 Recreation Administration, Contractual Expenses. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.' This resolution was declared duly ADOPTED. 21 .-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act with regard to the application of Roy A. Schelin for a Transfer Station Permit to construct. a Transfer Station for construction demolition, scrap metal, damaged cars, dismantling with shipping off site, refrigerators, stoves, wood, aluminum, parking of sanitation trucks, trucks, cars, dumpsters; said property located at 8475 Cox Lane, the southwesterly side, 475.72 feet southeasterly of .Oregon Road, Cutchogue, New York. 21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend,. Councilwoman Hussie, Councilman Lizewsk.i, Supervisor Wickham. This resolution was declared duly ADOPTED. 22.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was . RESOLVED that the Town Board of the Town :of Southold hereby engages .the services of Cramer, Voorhis & . Associates, at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the application of Roy A. Schelin for a Tranfer Station Permit at 8475 Cox Lane, Cutchogue, New_ York; said review to include applicant's Part I, prepare a Part 11 and III, draft. a proposed declaration, including a field inspection; the cost of said review to be paid by Roy A. Schelin prior to :the commencement of the review. 22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, -Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 23.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, WHEREAS, the Town of .Southold has considered the petition for a change of zone from 11R-80" Residential Low-Density District (2-acre minimum) to "HD" Hamlet Density District on certain property of Emanuel Kontokosta (Southold Commons) located on the west side of Boisseau Avenue, south of Middle Road, Southold, New York, containing 32 acres of vacant land known on the Suffolk County Tax Map as District 1000, Section 55, Block 5,, Lot 17; and WHEREAS, the petition and map was the subject of a public hearing on the 10th day of March, 1992, at which time a number of persons spoke against the proposal; and WHEREAS, the applicant has not agreed to meet all the provisions of the Town of Southold's Affordable Housing Ordinance (Town Code Section 100-56) ; and WHEREAS, the proposed project would place demands in excess of the capacity of the Greenport Water Company, therefore, it does not appear to be in the interest of the public health,. safety, and 'welfare to increase the density as proposed; and WHEREAS, the Town Board of the Town of Southold finds that the density of the proposed project is not needed for the public good at this time; now, therefore, be it RESOLVED that the Town Baord of the Town of Southold hereby denies -the petition of Emanuel Kontokosta for a change of zone from "R-80" to "HD", without prejudice. 23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend., Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. This resolution was declared duly ADOPTED. i 9 O, JANUARY 1994 24.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, Section 22B of the Town Law allows the Town Board of any. town having more than one Assessor to, establish the office of Chairman of the Town Assessors, who, in addition to his regular duties, shall perform such services to connection with assessment and taxation of property for state, county and town purposes as the Board shall direct; now, therefore, be it - RESOLVED that Assessor Scott A. Russell be and hereby is designated to hold the office of Chairman of the Board of Assessors until the 31 st of December, 1994, at the pleasure of'the Town Board, all in accordance with Section 22B of the Town Law;_ and be it FURTHER RESOLVED that the compensation for such appointment be fixed at $2,000.00 per annum, payable in regular, bi-weekly payments. 24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution 'was declared duly ADOPTED. SUPERVISOR WICKHAM: The next resolution is Number 25. I'd like to make a couple of comments about first.. I'd like to begin by saying that on December 7th of last year, the Town Board at that time undertook a precedented resolution to appoint a member of the Planning Board as someone who had not expressed interest, who had not been interviewed, and in fact, who didn't even know he was under consideration to the appointment that was made. At that time, I spoke against the resolution, and I asked the Board to take it back, and said, that I would do what I could to change it. : We have this opportunity today to change it on a technicality. It's purely a technicality. I'll read the resolution to you in a moment, but I want . to indicate the reasons for it, why we're doing it, and the fact that the longer term interests of the Town, and those people, who in good faith .did express interest, and were interviewed for the position, to protect their interests, and the interest of more people like them-in the future. 25.-Moved by Supervisor Wickham, seconded by Councilwoman Olvia, WHEREAS, Henry P. Smith was appointed to the Southold Town Board on Decemb ►- 7, 1993, and was duly notified to that effect on December 8, 1993; and WHEREAS, Henry P. Smith did not take his Oath of Office. with the 30 days follov g notification as required under Section 30 of the Public Officers Law; now, therefo be it RESOLVED that the Town Board of the Town of Southold hereby declares the Planning Board seat to which Henry P. Smith has been appointed as vacant. THOMAS SAMUELS: Mr. Supervisor, may I speak? I'm sorry that I was late, but I'm somewhat handicapped, and I couldn't make it. I'd like very much to have an opportunity to speak on this issue prior to the vote. I have no doubt, that it won't infuence your decision, but I'd like to speak on the issue. SUPERVISOR WICKHAM: Has it been seconded? Okay, we'll have discussion, first, from the Town Board. Anybody from the Board who would like to comment? COUNCILWOMAN HUSSIE: Yes, I have something to say. I had some time to reflect on this. This was brought to us at about 4:30 this afternoon, which in a sense, was almost .as sudden as the appointment on December 7th. I have since had some time to reflect, and my feeling is that two wrong don't necessarily make a right. I voted against the appointment on December 7th not because I have anything against Mr. Smith, but because the procedure was not followed that we had prescribed ahead of time, and because the whole thing was done so suddenly, we didn't have a chance to think about it, and between 4:30 and now, I feel that we haven't had any time to think about this either. I don't think I can make an educated vote on this. SUPERVISOR WICKHAM: Do you have any other comment, Alice? COUNCILWOMAN HUSSIE: That's about it for now. SUPERVISOR WICKHAM: Any other Board members wish to comment? JANUARY 11 , 1994 91. COUNCILMAN TOWNSEND: Nothing, but what you said. I think that it's unfortu- nate that things like that happen on a .technicality. I guess it seems to be a fairly strong provision of the .law. In this instance, despite the fact that I know Henry to be a public servant of long standing. I do believe, that the decision is made for political reasons, and I have. no doubt that this actual technicality to be a political decision, but I do feel it's in the best interest of the town, and that's why support it. SUPERVISOR WICKHAM: Ruth? COUNCILWOMAN OLIVA: I was here when that decision was sprung on us on Decem- ber 7, 1993. 1 know there have been a number of very fine applicants that had applied for the position. They were duly interviewed. Some had very excellent resumes. Mr. Smith had not applied. . He had not indicated any interest in the position. This is nothing against Mr. Smith, who I think has served admirable, when he was on the Trustees, but I do feel that it would be a disservice to the people that were interviewed, and sent in their resumes, not to go back to the origi- nal subject. Thank you. SUPERVISOR WICKHAM: Anybody else? Joe: COUNCILMAN LIZEWSKI : I think it's a disservice not to re-interview. I think it's a disservice to wait until 4:00 o' clock in the afternoon to receive this kind of infor- mation being on the Town Board. I don't remember ever in the last two years of my term on this Board, being asked to make this kind of decision in the middle of the day, or at the end of the day. This information was always given to me early enough in the day,, where I could think about it, or have the opportunity to sound some people out on, a decision. I don't ever remember being given this kind of information, with this kind of shock, at that late a point at a meeting. I don't think this reflects well on people, who actually came into office claiming open meetings, and open government. SUPERVISOR WICKHAM: Anybody else on the Board? Louisa'? JUSTICE EVANS: I'd like to say, that I . don't really know either of the people discussed here. I don't know Henry Smith very well. . I don't have anything against him, but I feel in principal the way he was appointed was wrong, when people came and interviewed for the position. . I'm sorry that we have to do it on a technicality, but I'd like to do it so that is legal, but it's really on the principal that I will make my vote. SUPERVISOR WICKHAM: Anybody else from the B.oard? Henry, do you wish to make a comment? HENRY SMITH': You say a technicality. I have a letter here..,Resolved the Town Board of the Town of .Southold hereby appoints Henry P. Smith as a member of the Southold Town Planning Board for a five year term affective immediately through December 31 , 1998., It's got the Town seal on it. You say, this is a technicality, but I was notified on December _8, that I had to be sworn in. I was not notified on December 8th. f have no letter. Anything with that stature should have been sent to me by registered mail, or at least hand delivered, or something like that. So, that is a big technicality, because you did not notify me. 1 went to your swearing- in ceremony on Peconic Lane. There was no mention of it. I'm sure there must have been people on this' Board, that knew that 1 had to be sworn in. Nobody said anything. My name.was not put on it, so this is your mistake, not my mistake.. Now, you say a technicality. It's a. technicality, maybe .that you have, but it's certainly not my technicality, and I don't know why I should. take the force of the brunt of this. . I mean, I've served the Town well for fourteen years, and I expected to serve the Town well on the Planning Board. That was my whole idea. I love this town. I was born here. I was raised here, and I want to serve this town. When I was appointed to the Planning Board, it was a great honor to me, and I really was touched by it, and I accepted it, and now you're coming to me with this technicality, that, you know, this is something wrong here. Like Alice said, two wrongs don't make a right. Now, you're going to take two wrongs to make a right by this techni- cality? That's not right. This Town Board went along, and, did that, I'd be ashamed of you. I really would. If you say, you want to start a clean slate. You want to have everything out in the opening. This is the new Town Board. The openness, and everything, and boom, here I am. You have a technicality. You parade a technicality. Here's your chance to correct it. I mean, I'm sorry, I just can't. .This is your technicality. I did everything I was supposed to. What else can say? 9 2 � JANUARY 11 , 1994 SUPERVISOR WICKHAM: I'll entertain one more speaker from the .floor at this time. THOMAS SAMUELS: Tom Samuels. I come before you primarily as a citizen of the Town of Southold. I've known the Town Board members, with the exception of Mrs. Evans, for years. I've known. Tom for a long time. I've known the Supervisor. Excuse.me,Mr.Supervisor.. I should. call you that. The appointment of the so called, Lame Duck committee members, is not a novelty in government, as you all know. I' have nothing against Benny Orlowski, who I number as one of my friends, as 1 do Henry. I'm familiar with Henry's. government service for many, many years. He served well, and faithfully. The issue, as to whether he was properly appointed, or not, is a legal question, and I'm certain that our Town Attorney 'investigated that position, but surely, if it were in an illegal appointment, she would have spelled it out. If I'm wrong, CounselQx:,_ please inform me so. Did you in fact, or am I allowed to ask the question? I won't ask the question. I don't want to appear to 'be unnecessarily adverse in this matter. Mr. Supervisor, I've known you for many years. I'm sure your values in most areas, as you well know. What was done here with this last minute thing is reprehensible, and for those in the audience who don't realize what the word is, I believe you should look it up. You professed, and likely so, I suppose in your mind; and those of your supporters, to be an advocate of open government, above board. My assumption is that your supporters, and the majority of the people that elected you felt the same way. I think .that, this taking this tack almost at an initial Town Board meeting casts a pall on your administration. I had hoped and prayed that would not be standing at this microphone for at least a year, and that was my' intent. I believe you should the opportunity to accomplish what you think is best for the Town of Southold. This is something which will set a pattern in people's minds, increase surveilance of every activity. I can't recall how many times you complained to me about the agendas of Supervisor Harris being inadequate and late: I can't recall how many times Mrs. Oliva complained to me about the very same issue. There's something wrong. Why did it have to be done this day at 4:30? Why did I have to find out about it at 5:00 o'clock? Why did Henry Smith have to find out about it, when I called him? In addition, it is my belief, and strong belief, that at the Inauguration someone should have said to Henry, you're to be sworn in. I don't know if it should be the Town Clerk, or the Supervisor, or a member of the Planning Board. Have, in fact, other members of the Planning Board been sworn in? I don't know. Have 'you searched the records? I don't know. But, there's a failure here in fairness,- and it should not happen. Now, you have a Planning Board, which is on record as supporting your positions unanimously. Henry has never denied any of those positions. He hasn't spoken to them. He has been as unpolitical as possible. The only political act he made,in the whole campaign, was standing in front of King Kullen with myself on a cold day in November. So, you don't that he's going to be against these positions. You don't know what he's going to do. He happens to be a very effective Town official. I have nothing against Benny, but why do this? Why set a tone for your administration, and this goes beyond anything that I can recall in the four years, that I have been active in this area. It goes beyond it. I don't think there's another precedent; where at 4:30 in the afternoon, this happened. Now; if in fact, it happened with the Henry Smith appointment, if in fact it did, did you justify that? If you did not justify that, a moment ago you were complaining about his appointment, you've done exactly the same thing. So, Mrs. Hussie is correct. Two wrongs don't make a right. I ask you to reconsider this position, and I'd like very much to have the Town Clerk research the issue, as to whether other Planning Board members have, in fact, been appointed, and I'd like very much, if possible, for the Town Attorney to give us an opinion; as to whether the actions of the Town Board, the former Town Board, were in fact legal, when they appointed Mr. Smith to his office. Please, reconsider. It's not fair. It's not right. It's not Southold. Thank you. SUPERVISOR WICKHAM: I think you've had plenty of opportunity to speak, Henry. HENRY SMITH: Well, I'd just like to say, you know, I have been non-political about this. The last time I was elected on the Trustee Board, I said, Jay, let's have an open this year. I'll step down as Vice-President. Put Al in. He's a Democrat. I said, let's be bi-partisan on this Board, so we did that. Everybody thought it was great. When I came up here the other day, and got my proclamation, Al Krupski sat up there, and said, Henry Smith and Jay Bredemeyer taught me what good government is all about, and all I'm doing is asking the Town Board, come on, show me what good government is about. JANUARY 11 , 1994 9/ 3 SUPERVISOR WICKHAM:. I'd just like to speak for myself. I haven't spoken since the motion was on the floor. I just want to reinterate, and I believe I speak for the rest of the Board. Not one of us is doing this with any pleasure, and not one of us is doing this in- any sense directed to Henry Smith. I'm ready to move the motion. HENRY SMITH: It's a technicality he's telling, me. It's a technicality, that I wasn't notified. That's a technicality.' 25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was declared duly ADOPTED. 26.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, .WHEREAS, the Town Board has received expressions of interest from residents interested in service on the Southold Town Planning .Board; and WHEREAS, the Town Board has interviewed said candidates; now, therefore, be it RESOLVED that the. Town .Board of the Town of Southold hereby designates Bennett Orlowski, Jr. to. fill the vacant seat on the Southold Town Planning Board, effective immediately through December 31 , 1998. 26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was declared duly ADOPTED. 27.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the rollowing budget modification to the General Fund - Whole Town 1994 Budget to appropriate Park Recreation funds for completion of Tasker Park project; balance of costs to be borne by Community Development Block Grant Funds: To: Revenues: A2025 Special Recreation Facilities $ 9,396.00 Appropriations: A7110.2 Parks, Equipment $ 9,396.00 27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. SUPERVISOR WICK HAM: That takes care of our resolutions for tonight. Are there additional people in the audience, that would like to have some comments for the record? Yes, sir, could you give your name, please? ROGER CLARK: My name is Roger Clark. I'd like to present to the Town Board a zoning issue, that I've encountered. It's concerning future construction. Evidently, there was meeting scheduled this morning, at which I was to be given an opportunity to address my problems with the Town Board, and the Zoning Board, but unfor- tunately, because of a mixup somewhere I wasn't notified of this meeting. So, I'd just like to present 'my. case to you, and get this off my chest, if I could have just five .minutes of your time. I'll say, good evening to Mr. Chairman, and the Town Board members, and congratulations, also, to the Southold team. My name is Roger Clark. I presently live in East Marion. My wife and I presently reside in East Marion. You'll have, to excuse my notes. I'm not good at public speaking. We presently live in East Marion with our two daughters ages one and a half and four. We're in the process of finally building our home at High Point Meadows in Southold after waiting patiently, sometimes impatiently for four years, while we gathered funds, and hammered out exactly what we wanted -for our home. Upon filing for a building permit; we ran into a snag, regarding our proposed breezeway. Apparently there is a interpretation of the Zoning Laws, that states that any accessory in a sideyard must be attached to the, main structure with an enclosure. Now, to compile this interpretation, we basically have three options. One is to spend an additional $1 ,300.00 to expand our foundation, enclose our breezeway, which would also require sheetrock in the garage on one .wall of the garage to meet Town Code. The second option is to spend $400.00 or $500.00 to screen in the breezeway, which we have been told would comply with the current interpretation. ,However, both of these options could seriously change the effect of having an open breezeway with railing, etc. , that we have painstakingly tried. to acheive. Our third option is to spend the same $400.00, and go to the Zoning Board of Appeals to request a variances, so that we can construct this breezeway, as originally planned. One problem with this, as you can see; I have pictures here, if you'd like to see them. One problem with this, as you can see by the pictures we present to you, there are several homes in the same development with very similar, or exact setups, and a's far as we know, none of these homowners have found themselves in our present situation. Please keep in 9. 4 JANUARY 11 , 1994 mind, that there are many other homes in Southold Town with similar, or exact, designs. We understand that there are curcumstances beyond our control with a new Town Board, changes in the Building Department, and so forth, regarding enforcement, and it's interpretation. We ask that you, please, .review our case with all fairness, and consider a waiver of the $400.00 administration fee required to appeal this interpretation. We feel that 'because our breezeway is attached with a roof and railing, it should meet, specifications, and we are asking for nothing more than what other homeowners have acheived without any additional financial hardship involved. (tape change.) Please, take note that we have spoken to at least one homeowner of one of the homes in these pictures, and their breezeway was approved, and inspected last year by the present Building Department personnel. Thank you for your time. SUPERVISOR WICKHAM: I'm sorry that somehow notice didn't get to you. We did have you on our agenda this morning at, I believe, 11 :00 or 11 :30 this morning, and I'm sorry that there was snafu somewhere. ROGER CLARK : I was notifed after the meeting to the fact, wondering where I was. I was not notifed. I wanted to get it off my chest. SUPERVISOR WICKHAM: I'd like to make two comments. The first, and maybe other members of the Board would like to comment. My first. comment is, that to my knowledge I'm not aware of any time when a Zoning Board application fee has been waived by this Board. ROGER CLARK: I know. Excuse me, please. But then, again, there has never been anybody in our predicament before, either. SUPERVISOR WICKHAM: My second comment is, if you could put it in writing, or even just a reference, a note, to this affect, address it to the Board. The Board would take it up, and consider it, and give it due consideration. COUNCILWOMAN OLIVA: Mr. Clark, I spoke to you on the telephone, and I said if I could keep those pictures, that I would try and research that with the Building Department, and then go back to the Zoning Board of Appeals, and check with them, and did receive a note late this afternoon from the Chairman of the Zoning Board of Appeals stating that, if you would like to meet with them, they are meeting tomorrow night. ROGER CLARK: I have been notified of that.. COUNCILWOMAN OLIVA: You have been notified. It's 7:20, if you would care to explain. this. I will do some research tomorrow morning, and I'll call you, and I'll see what I can come up with. ROGER CLARK: You have a copy of our plans, too? COUNCILWOMAN OLIVA: Yes. This is the copy. I have your number, and I will call you. SUPERVISOR WICKHAM: - Are there any other comments from the floor? RAYMOND EDWARDS: Ray Edwards, regarding Resolution 25. I'm going to ask the four incoming elected officials, starting with Judge Evans. Have you been sworn in? JUSTICE EVANS: Yes, I have. RAYMOND EVANS: Who notified you of the swearing-in ceremony, by letter or verb SUPERVISOR WICKHAM: I did, didn't I? JUSTICE EVANS: I think I heard from all the other Town Board -members. RAYMOND EDWARDS: Councilwoman Oliva, have you been sworn ;in? COUNCILWOMAN OLIVA: Yes, sir. RAYMOND EDWARDS: Who notified you of the swearing-in ceremony? JANUARY 11 , 1994 95 COUNCILWOMAN OLIVA: Tom said we were all going to get together, and I just happened to be at the Town Clerk's Office, and I signed the documents. JUSTICE EDWARDS: Councilman Townsend, do you get sworn in? COUNCILMAN TOWNSEND: Yes. JUSTICE EDWARDS: You were notified by whom? COUNCILMAN TOWNSEND: I was in. the Town Clerk's Office, and I walked in, .and spoke to the Town Clerk, and she mentioned to me that. . JUSTICE EDWARDS: She mentioned. Okay, that's four. COUNCILMAN TOWNSEND: I received no notice in the mail. JUSTICE EDWARDS: Mr. Smith was not notified. Okay, now, Ray Edwards repre- senting the Fishers Island Civic Association. I spoke with the President today, Leslie Goss, and I'm directing this to the Board, and especially to the Southold Attorney. We want to keep on record, ,that the people on Fishers Island are very serious about the overnight fishermen, and parkers, the out-of-staters, that come down on Race Point, .and we're very concerned about that. We spoke about some type of license, or per where we could eliminate some of these overnight campers, and parkers. I just want to reinterate. The Civic Association is going to follow this up to the Town Attorney, and I think Justice Evans can fill the Town Attorney on any of this. Thank you .very much. SUPERVISOR WICKHAM: Thank you, Ray. It's nice to have you with us, again. Are there other comments from the floor? COUNCILMAN LIZEWSKI : I voted on the Jem Commons, and the reason I voted for it is, because the Jem Commons does not have to be acted upon at this time, and it meets the criteria of both Master Plan. .Southold Commons, I'm sorry, and the Stewardship Task Force, .which asks for an increased density in the hamlet areas, both within a half mile of the post office. The criteria for these things are both in the Stewardship, and our Master Plan. It did not have to be acted upon at this time, even though there was need for the. project, and could have been negotiated with covenents .and` restrictions, once again, with the people who have done it, and I don't .like the idea of changing things in midstream, and I know the TDR's take the place of this, but I have a worry about this ever coming up again, or anybody wanting to do this with the cost of putting in for a subdivision, and the time that it takes to do so. So, I hope that .maybe someday economics will permit somebody to continue with the ideas in the Master. Plan, and what the Stewardship Task Force is about, when it comes to development in the hamlets, but I don't think this needed to be rejected at this time. SUPERVISOR WICKHAM: Are there other comments from the floor? (No response.) Anybody from the left hand section? -(No response.) If not we'll move to the Town Board. Does anybody on the Board wish to make any comments? Alice? COUNCILWOMAN HUSSIE: I would like to clarify something. Resolutions number 14 and 15 rescinded the appointment of two Public Safety Dispatchers, and I just wanted to let everyone know, that there was absolutely nothing wrong with the dispatchers, but there was something wrong with the process, and so we're going to fix the process. SUPERVISOR WICKHAM: I'd like to make just a few comments tonight. First of all, I'd like to compliment the Board. It was our first regularly scheduled meeting, apart from the Organizational Meeting, and despite the difficulty of some very controversal resolutions, that I don't think any of us were happy with, I was very pleased at the way the Board worked smoothly together. I'm not papering over differences among us. Those differences clearly are there. Will continue to be there, but there was an understanding that I find a pleasure to work with. I'd like to comment tonight, very briefly, about Robins Island. I've been quoted from time to time. I've made comments from time to time that have been picked up, and I think I would like to speak directly to the people of the Town, so that people here have an understanding of what is being said, and what is developing in Robins Island. I'd like to introduce the subject a little to say, that 'I have met in the last several weeks with the County Executive, with. the Supervisors of other East End towns, and with the man, one Mr. Bacon, who recently bought the island, and I'd like to go back, and look a little bit of the history of the island, and the families, that have owned it since it was intially granted as a patent to one Mr. Sterling back in Colonial times. The Wickham 96 JANUARY 11 , 1994 family owned it for awhile, the Tuthills in the 1800's, the Robins Island Club, which was basically a shooting preserve in the late 1800's, the Lane family, which built a large manor house in the early 1900's, and more recently John W. Mackie, who owned it from the mid 1950's to the mid 1970's. Each one of these families, who's owned it, and there are many others who've owned it in between, but these are sort of dominant families, who have owned it for periods of time, have preserved it quite effectively during their period of time. They've used it in different ways. T,he Tuthill family operated a brickyard on. it. Other families have taken timber from it, and more recently it's been operated as a shooting preserve: for people, who like to do that kind of thing over there. There have been periods of upheavel, and turmoil, and the ownership ,in recent years has been characterized by speculation, and people trying to develop it, and that's not only in recent times. There's been other periods. As a matter of fact, if you look historically, whenever there is sort of a depression, or major economic change in the world, that's when the ownership of Robins Island tends to turn, and the threat of development becomes much greater. So, starting about 1970, when John Mackie sold it, there's been an upsurge of interest in trying to preserve the island. This has come at a time, when different owners have bought it attempting to develop it, and there's been a series of proposed plans to develop 'the island from time to time, the most recent one being the Robis Corpora- tion Plan following Mitt meyer. Together there have been a number of people, some of them in this room, and a number of organizations, that have tried to prevent it from being developed, who have stood for the preservation of the island in a more or less natural state, that it is now. So, with that introduction, I'd like to summerize briefly a couple of recent meetings, that I've had on it, and where I think the island seems to be going, based on these meetings I've been to. First of all, I'd like to refer to a meeting between the County Executive, and the Supervisors of the various East End towns, in about the second week in December, and that was a meeting of over two hours spent acquainting with Robins Island, and two or three things immersed from that meeting. One was a preference on the part of the County Executive to promote the interest of Robis, and the development of 22 luxury type homes on the island for the Robis people, and clear reluctance- on his part, and I don't think it's just the County Executive. I think he's reflecting, and he said he was reflecting a large number of legislators, who's votes would be needed in subsequent vote at the Legislature, a clear reluctance to affectively tie up the island in any form of preservation. Since that time, as you may know, the man who came in and purchased the island, a Mr. Bacon, has been over to Robins Island. I accompanied him on one of those trips, together with a number of other people, and he subsequent to that has actually purchased the island. There's a few contingencies still not totally sewn up. He is not in full possesion of the deed, but the acquisition is largely, I think, in hand. He would like to operate it as a shooting preserve, as John Mackie did. He would like to retain it in it's preserved state, provide limited access to it, rather like Marshomack Preserve on Shelter Island. He would like to restore the original manor home. He',s quite a restoration buff himself. He's restored the home he's living in, quite an elaborate restoration,and this looks like quite a challenging activity to him. He would like to build ultimately one .home, he says, or one unit, for his family to live in from time to time, when he's out here summers or vacations. There are a lot of questions, that remain to be put in place. One of them, of course, is how does one combine a shooting preserve with a limited excess nature preserve? I'm not sure how that's going to happen, but clearly that's one of the things available at this time. In the discussions more recently about how Mr. Bacon is going to proceed with this, he has done two things. One of them is, he has made a grant, or he is committed to making a grant of 1 .1 million dollars in an endowment for management fund. The proceeds of which would be used to manage, and care for, and look after Robins Island. Robins Island ' has actually deteriorated somewhat in the last twenty some years, as there has been a succession of proposed developers. The management plan would retain the natural qualities, would look after the manage- ment to keep people off, except through channeled, and limited excess for research, and natural purposes. It would, also, presumable pay for some of the intrastructure needed to support that,. like roads, or trails, necessary for that purpose. The Natur( Conservancy has been selected as the organization, who would help the owner carry out this plan, and the Conservancy has agreed to do it, and in the process has also dropped out of supporting the County's counterplay to acquire the island, according to an earlier contract. There are ,several conclusions that I've come to, and that I'd like to share with you, because these are conclusions that I have occasionally discussed publicly, and I just want people here to have an understanding of where I'm coming from, and where 1_ think other people are. The first comment of a general nature I'd like to make is, that in the last twenty years or so,. there's a tendency to equate preservation with public acquisition. That is the expenditure of taxpayer's money to buy land, and open space, for the public good. I think we have maybe lost track of the role that private ownership can play in genuine preservation, and all one has .to do is look back on the history of'Robins Island JANUARY 11 , 1994 9 .7 and on many other parcels of land here in Southold Town,, and see the continuing stewardship that concern families can play, and continue to play. I think Mr. Bacon is that kind of person. He is not a developer. He has no plans to build, or to speculate with it. Second conclusion, that I'd like to leave with you tonight, is that in many ways the management plan for an island, or a preserved area, is more important than the acquisition itself. How it will be managed, and the people behind it, the ideas, and the planning for it, are very important. One of the, I would say, failures of other plans, including the County plan up until now, has been they have not been willing to address a management plan, much less the financing for a manage- ment plan. The man, who recently bought the island, has committed himself to that, and I believe he is sincere, and I think it's reflected in. his selection of the Nature Conservancy to help do that. Thirdly, I think where possible it's desirable to leave preserved lands on the tax rolls, and not remove them totally from the tax rolls. I think that people in New Suffolk, and in the town will benefit to the extent, that they do remain on the tax rolls. Finally, there are people, and I'm one of them, who wonder what are the long term guarantees in private ownership? What is the long term guarantee that the land, in fact, will not be developed? At this point, I don't think we have those guarantees. I can only say, that Mr. Bacon has pledged himself to be working towards them. He's committed. He understands what the issues are, and in good faith is exploring them. In due time he says they will be in place. That basically brings us up to the present day. I understand that today, or tomorrow, the County will make a decision, whether or not, to appeal the purchase that Mr. Bacon has made. There's been some discussion about whether they would do that, and I don't have the most recent. information, but I would not be surprised if the County concludes that the preservation goals, that Mr. Bacon has articulated for the island are consistent with it's own, preservation interests, an appeal may not be necessary. I leave you with this information, because utimately Robins Island is very important for the future of Southold Town. The Town should play a role. We have a responsibility in protecting, and preserving, the future of this town, and Robins Island i.s an important part of it. I have offered these, comments in terms of trying to keep people up to date with what's happening, and with establishing, to some extent, a dialogue, and a discussion 'on it. Are there any comments, or questions? LINDA LEVY: I'm Linda Levy. I didn't realize you were going to bring -up Robins Island tonight, and -I would. like to make a couple of. .actually I have a question regarding what you just said. I think that we pretty much recognize that the County has shown that they have never, had a real intention to purchase the island, and while some of us may feel that public acquisition would be the best solution, certainly that's not the best solution in this case. We haven't seen an evidence of it from the County. The big concern that; F know I have, and I believe that the North Fork Environmental Council has, along with other environmental groups, is this issue of guarantees, and it would seem to me, that one way in which we could insure that while it's under private ownership, we would never, have to worry that if something goes bad for this guy, and he has to sell it, that somebody else could buy it, and develop it the way that Robis was planning to do, that if the Town Board would consider upzoning the island,, or creating a sending zone, when we do TDR's, or in some way setting up the zoning on that island to insure that no one can ever develop it with twenty houses, or in fact, forty houses, as it's currently zoned. I think that it would put a lot of people's minds at ease. As far as Mr. Bacon's concern, which I understand is that he needs to have a certain value set, because as anyone in his position would, wants to have some 'kind of tax relief after if he does, you know, either donate his development rights, or whatever he may plan to do, it would seem to .me that a house on ten acres is going be, which what he might get now, is not going to be of any greater value than a house on forty acres. So, it wouldn't harm him, if we upzoned the island, because the value is still there, because it everybody knows it cost a lot more to get forty acres of land, than it does to get ten acres of land, .and so, my question is, whether the Town Board would consider, as part of this whole package, and working really in conjuction with the stated goals of Mr. Bacon to preserve the island, whether the Town Board would_ consider either upzoning, or some mechanism that would guarantee us in the town, in the future, that if Mr. Bacon ever stops owning this island, that we can rest assured that it would not be developed? 98 JANUARY 11 , 1994 SUPERVISOR WICKHAM: Thank you, Linda. We've had a lengthy meeting. Are the any additional comments? (No response.) I'll entertain a motion to close. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that ,the Town Board meeting be and hereby is adjourned at 8:40 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman. Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. Judith T. T�erry Southold Town Cler