HomeMy WebLinkAboutTB-03/22/1994 MARCH 22, 1994 175
SOUTHOLD TOWN BOARD
MARCH 22, 1994
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.
9:00 A.M. - .Merlon E. Wiggin, Director, East End Seaport and Marine Foundation,
Greenport; met with the Town Board to bring them up to date on the EESMF. Mr.
Wiggin provided literature for their 1994 Calendar of Events, grant application to
the Governor's Task Force, planned maritime museum exhibits, the Marine Science
Sail/Shore Program, information on the "Regina Maris" - restoration as a George
Nichols Marine Study Center, visiting tall ships - restoration of a marine railway,
along . with A copy of • interested ships and a letter from the National Maritime
.Historical 'Society., Americas - Sall 195, and a ., living aquarium facility. The Town
Board 'assured .Mr. _ Wiggin that the Town of Southold enthusiastically supports the
East End Seaport and Marine Foundation.
9:40 A.M. - Edward Dart, Chairman, and Ural Talgat, member, Southold Town Tree
Committee, met with the Town Board to present a proposed Town of Southold - Tree
Ordinance - a proposal that would apply only to trees on Town-owned land. Mr.
Dart and Mr. Talgat also presented their proposed Memorial Tree Program, a
proposal to plant trees. and place a bronze plaque with the name of the .individual
at the base of. the tree. They would like to have a master plaque in the Town Hall
with the 'names of the all the individuals. ' They have a commitment from Bennett
Blackburn to carve the - plaque at a cost not to exceed $500.00, which the Board
approved . for expenditure from the Committee's 1994 budget. On April 29th, Arbor
Day, they will .plant the first memorial tree on the front lawn of the Southold Post
Office. - Also on Arbor Day they will again have their seedling distribution among
grammar. school students. Mr. Dart and Mr. Talgat also discussed their 1994 Tree
Planting Plan, .and their concept for a Community Garden, a small plot to grow
seedlings. The Town Attorney will look into whether open space land can be used
for this project.
10:15 A.M. - Landmark Preservation Commission Chairman John Stack, and members
Valerie Marvin,. Bill Peters,, and Ralph Williams met with the Town Board to present
their proposal to amend the Landmark Preservation Law of .Southold Town. Basically
they are"-.adding "places" and "sites" of historical architectural significance to the
law, and "Style of Architecture" and "Historic District", and "Historical Significance"
and "Landmark" to the definitions. Councilman Lizewski raised his objection to the
30% number .with regard to the percentage of property owners in a proposed district
who must consent in writing to the 'designation. He requested the percentage be
increased to 51%, .and the Commission had no objection. . -Resolutions 17 8 18 were
placed on the .agenda with regard to environmental review, and to set a public
hearing on .the proposed amendments at 8:10 P.M., Tuesday, April 5, 1994.---The
Board also agreed to the reappointment of Commission members Williams and Kassner
(resolution no. 22) - and to advertise for resumes for two new members (resolution
no. 23) , .. to replace Harry P. Fagan, Jr. and William Peters who submitted .their_
resignations (resolution no. 10) .
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1 /'] 6 MARCH 22, 1994
10:40 A.M. - Superintendent of Highways Raymond L. Jacobs and Solid Waste
Coordinator James Bunchuck met with the Town board. Mr. Bunchuck discussed
recycling at. Town Hall, and advised that. containers have been purchased for glass,
cans, and plastic . for strategic areas of the building, and the custodian will monitor
their usage. He also brought to the Town Board's attention the need to purchase
new .computer equipment for the Disposal Area scalehouse in order to run the new
software purchased last year. The old system has had repeated problems and
malfunctions, and there is no ongoing service agreement whereby the existing system
could .- be repaired, and would require a major investment in outside programming
services. The Board agreed to the new equipment, and placed resolution no. 19
on the agenda.---Superintendent of Highways Jacobs discussed his proposal to waive
the disposal. fee for brush and leaves from Town residents during the spring and
fall clean-up week. The Town Board agreed to the proposal and placed resolution
no. 20 on the regular . meeting agenda.---Discussion was held with Superintendent
of Highways Jacobs concerning the formation of a Parks Department. Funds were
. ._ placed in .the 1994 Budget to create a Parks Department this year, and hire one new.
employee. Councilman Lizewski asked that the proposal be submitted to the
Personnel Committee. . A meeting will be scheduled.
11 :10 A.M. - Next up for discussion was a proposal from Supervisor Wickham for
the creation of a Finance Committee - to be known as the Supervisor's Finance
Committee, and to include Councilman . Townsend, Councilman Hussie, Senior
Accountant Cushman, and Supervisor Wickham as Chairperson. He would like to
review, on an ongoing basis, the Town's fiscal performance in relation to its budgets;
appropriate changes to deal with changed circumstances as the year progresses;
and conduct department-by-department reviews throughout the year in an effort ' to
better .prepare the budgets for 1995. A resolution, no. 21, was. placed on the
agenda creating the committee and appointing the members.
11 :20 A.M. - Proposed change of zones on the Town Board's own motion from Hamlet
Density District to R-80 (2-acres) District on six parcels in the unincorporated area
outside Greenport Village. The Long Environmental Assessment Forms for each
parcel, as prepared by Cramer, Voorhis" l; Associates, was distributed to each Town
Board member. _ Supervisor Wickham said he would like to see the Lead Agency
Coordination process begin at the April 5th Town Board meeting.
11 :30 A.M. - Formula Food Restaurants. A lengthy discussion was held with regard
to this proposed. local. law. Councilwoman Hussie said she would like to see the
formula food ' restaurants in only Light Industrial zones, to which Councilwoman Oliva
disagreed - 'she wants them in the hamlet centers. Councilman Lizewski said he does
not want them in the hamlet centers, he wants them in the shopping centers, and
Justice . Evans agreed. Councilman Townsend expressed his opinion that he, like
Councilwoman Oliva would like them in ' the hamlet centers. Although Councilwoman
Hussie and Councilman Lizewski protested that they had only received the Long
Environmental Assessment Form and. final format for the Local Law minutes before,
resolutions 24, 25, *26, 27 were placed on the agenda to begin the environmental, the
recommendation and public • hearing process on "A Local Law in Relation to Formula
Food Restaurants".
12:05 P.M. - Thomas Samuels, Jr. , Chairman of the Stewardship Task Force, met
to :discuss the: upcoming all-day Task Force hamlet meetings to be held at Southold
School on' April 9th. Mr. Samuels introduced Jennifer Miller, a planning consultant
he wishes to engage to provide service to the Task Force for the production of the
conference. Ms. Miller presented her qualifications and discussed her proposal.
A resolution, no. 28, was .placed on the agenda to accept the proposal of Jennifer
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R. Miler Associates .for consulting services. --Mr. Samuels also discussed the budget
needs. for the conference - printing, advertising; food, custodial services, postage,
supplies and paper goods, at a total of $7684.00.
12:20 P.M. - Neboysha Brashich, Robert Bayley, and Margaret Brown, an ad hoc
Transportation ..Committee formed from the `Stewardship Task Force and the North
Fork Planning Conference, met with the Town Board to update them on the New
York State ;Department of State's assistance in preparing a grant to the Town of
$50,000; a press conference is scheduled for March 30th with Secretary of State Gail
Shaffer. The committee's Transportation Update of March 15, 1994 was reviewed
in depth, along with their plan to have a Transportation Symposium. The symposium
will,;take place during a railroad train, ride to and from Ronkonkoma on a special
train .a wrap-up session at the Railroad Museum at Greenport, followed by a wine
and cheese reception at the museum. A date for the symposium should be set by
the next Town, Board meeting.---Supervisor Wickham asked the Board if they would
like to have the Transportation Committee as an official advisory committee to the
Board. The Town Board agreed that it should have structure and be formalized.
1 :00 P.M. — Recess for lunch.
MAIRCH 22, 1994 177
2:05 P.M. The Board discussed the proposal to rescind purchase of a new fax
machine from Twin Forks Office Products whose charge is $1 ,795.00, but they would
not commit to an. extended service contract, and offered only one year at $295.00.
The agreed to accept the proposal of Advanced Business Automation at $2,000.00,
plus first year service at no charge ($300.00 value) , and an extended three year
$8 contract for. 05.00. (see resolutions 29 S 30) .
2:10 P.M. Recreation Supervisor Kenneth Reeves, . along with the Town's Insurance
Consultant William •.F. Mullen, Jr., and the Town's Insurance Agent John Stype, ' met
with the Town Board to discuss some ideas Mr. Reeves had for new summer programs: .
gymnastics,.,, swimming lessons for infants, weight training, karate, windsurfacing,
sailing lessons (a joint program with the Riverhead Recreation Department) ,
whitewater• rafting, and canoe trips. Mr. Mullen said they had reduced the
insurance premium from $400,000 to $250,000 over the last few years, and would not
like to see any programs that would put that in jeopardy. Mr. Reeves, Mr. Mullen
and Mr. Stype will meet and review the proposed programs in the future.
2:25 p.M. - Councilman Townsend presented the. Town Board with the proposed ad
for the June 4th Youth Expo '94, to be held at the Southold Town Recreation Center
in Peconic.
2:30 P.M. - Supervisor Wickham brought to the Town Board's attention a proposed
feasibility study of Peconic' County. There is support in Albany for a number of
proposals designed, to promote the East-end towns, and Peconic County is one of
them, and the . governor has supported it .in principle and has earmarked $50,000
in his budget.,.towards the $100,000 that has been determined appropriate to carry
out the study. The five East=end towns are being asked to appropriate. the
remaining. •$50,000 in shares proportional to their population. The feasibility study
will focus * largely on the fiscal impact of creating the new county. The key issue
will be to assess how the assets and liabilities of Suffolk would be distributed
between Suffolk and Peconic. The bulk of. the $100,000 cost would be used to pay
a qualified consulting firm to carry out the study. A resolution, . no. 31, was
placed on the agenda to allocate Southold Town's share of $10,000 toward the study.
2:45 P.M. - Discussed the report of the Town Hall Office Space Committee. It was
agreed to discuss this in depth at the next meeting, but in the meantime,
Councilwoman- Hussie would, look into possibly acquiring additional property; selling
Town Hall; purchasing another building, should any of the above become a consideration.
2:55 P.M. The Town Board reviewed the report of Lauren Grant, Chairperson of
the Site Selection Committee for an alternate site for a residence for the Aid to the
Developmentally Disabled. The reported recommended a residence on Pacific Street
in Mattituck, which the committee believes meets all the criteria set for by the Aid
to the Developmentally Disabled Inc. for a group home. (A group of residents from
the Greton Court area the original site selected by ADD - some who were members
of the site selection committee, were in the audience during this discussion.) The
Board placed a resolution, no. 32, on the agenda to recommend the Pacific Street
residence to ADD.
3:05 P.M. - The Town Board reviewed, and placed on the agenda for environmental
review and a date for public hearings, two proposed local laws: "A Local Law in
Relation . to Wetland . Applications" (resolutions 33 and 34) , and "A Local Law in
Relation Ao Mooring Permits" (resolutions 35 and 36) .
EXECUTIVE SESSION.
- 3:15 P.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 the Town's Labor
Management Consultant Robert Yaccarino and Senior Accountant John Cushman to -
discuss CSEA contract negotiations.---Following this discussion Town Attorney Dowd
.met with the Board to discuss the Connors litigation and Zahra litigation.---Lastly
the Town Board discussed engaging a consultant for an appraisal of the Baxter/Fort
Corchaug property, and agreed to engage the services of Given Associates. (see
resolution no. 38) .-
4:00 P.M. - The Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
4:10 P.M.' - Work Session adjourned.
178
REGULAR MEETING
A: Regular Meeting of the Southold Town Board was held on March
22, 1994,- 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 T
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: It's a pleasure to see so many people out today. I
just remind the audience, that the public is encouraged to address the Town
Board relating to agenda resolutions prior to their enactment. We'll be
taking up a series of, I think, thirty-eight resolutions tonight, and prior
to that time you'll be offered an opportunity to comment on anything, that
we will be taking up, and I believe you have copies of the agenda out
there. After the resolutions are enacted, at the end of the afternoon,
you'll have further opportunity to address the Board on any other matter,
that , is ,important, to you. In each case, the time per speaker is five
minutes, and we're pleased 'to, entertain comments up to five minutes, and
we're- pleased to end them by five minutes if possible. With that brief
introduction- is there a motion to approve the audit of the bills?
Moved by, Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED.;, that the' following -bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $203,407.85; General Fund Part
Town bills in the amount of $81,722.58; SNAP Program bills- in the amount of
$628.70; Highway Fund Whole Town bills in the amount of $22,833.84;
Highway Fund Part Town bills in the amount of $37,573.22; Employee Health
Benefit Plan bills in the amount of $16,897.25; Fishers Island Ferry
District bills in the' amount of $91,665.63; Refuse . & Garbage District bills
in the amount. of $56,007.79; . Southold Wastewater District bills in the
amount of $17,182.33; Fishers Island Sewer District bills in the amount of
$107.07; Southold Agency & Trust bills in the amount of 41,535.27; Fishers
Island Ferry District Agency & Trust bills in the amount of $383.74.
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: And we have the minutes from the previous
meeting. ,.
Moved by Councilwoman Hussie, seconded, by Supervisor Wickham, it was.
_ RESOLVED that •thee minutes of the March 8, 1994, 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 duly ADOPTED.
SUPERVISOR ' WICKHAM: We have another Town Board meeting on April
5th at 7:30 P.M.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the next regular meeting of the Southold Town Board will
be at 7:30 P.M., Tuesday, April 5, 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 duly ADOPTED.
PJLARCH 22, 1994 1 '/
SUPERVISOR WICKHAM: We have on the agenda a series of reports, that
are available to the Board, some Public Notices. We have no Public Hearings
tonight.
I . REPORTS.
1 . Southold Town Community Development Monthly Report for
February, 1994..
2. Southold Town Board of Trustees' Monthly Report for February,
1994.
3. Lawrence Healthcare CSEA Benefit Monthly Report for
February, 1994.
4. Lawrence Healthcare PBA Benefit Monthly Report for February,
1994.
5. Southold Town Planning Board Monthly Report for Jan nary, 1994.
6. Southold Town Planning Board Monthly Report for February, 1994.
II . PUBLIC NOTICES.
1 . Corps- of Army Engineers, New York District, application of
William T. Moller to construct a pier, a hinged ramp, and a float to be
secured to two pilings and one 2-pile dolphin in Horseshoe Cove, Great
Peconic Bay, Cutchogue, Town of Southold, Suffolk County, New York.
Comments to be received by March 22, 1994.
2. Corps of Army Engineers, New York District, application of
Francis C. Murphy to construct a fixed timber pier, walk ramp, and a
float to be . secured to dolphins at Stirling Basin, Shelter Island Sound,
Greenport, Town of :Southold, Suffolk County, New York. Comments to be
received by March 22, 1994.
III. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS. None.
V-. RESOLUTIONS.
SUPERVISOR WICKHAM: We are ready shortly to go into the series of
resolutions; that ; are before us. I think the audience has copies of the
agenda. Is there anything that you would like to address the Board about
related to these thirty-some items. Yes, sir? The gentleman in the back.
FRANK CARLIN: Frank Carlin from Laurel Watchdog Group. I want to
take a few seconds to explain Watchdog Group. I'm the President,
Vice-President, and Chairman of the Watchdog Group. We watch everything,
the birds, the sky, the planes., the Town Board, and the Highway
Department. You name it, we. watch it. Item on Resolution 4, is that extra
money you need for the Town Highway to execute his regular Budget to this
equipment, 500 tons of bulk, and all that? Is that extra money needed by
the Town Highway Department; or does that come out of his extra funded
budget? You got down here. .
TOWN CLERK TERRY: This is to advertise for bids.
FRANK CARLIN: Okay, yards of blacktop, whatever. What I'm 'saying is,
is this'extra for what he normally requests from his.,budget?
SUPERVISOR WICKHAM: It's part of his program, but, I believe, that the
monies to acquire this will be in excess of what we budgeted last year,
because of the excessive utilization of these materials during the winter.
Is that your question?
FRANK CARLIN: I'm easy. I'll accept it. More serious one, item 25, fast
food. There's just two things I want to say here, Tom. Thank you for
returning my phone call, Tom. I called you Monday, and your returned it
Thursday. Thanks for returning my phone call, and you did speak to me.
You took a couple of minutes, because you had another phone call, and I
guess I wasn't that important, but thanks a lot for returning my call. If
that was the NFEC . you- probably would have taken more time.
Advertisements, including trademarks, logos, may not be painted, or glued
on to windows of businesses, or on to any exterior structures, including
waste disposal,. receptacles, and flags. But, my God, if you look at A&P, if
180
MARCH 22 1994
you look . at .King,. Kullen, if you look at Handy Pantry, if you look at the
Village Market, .. they've .got logos, and stuff painted on the windows this
size, and.: you're going to sit there, and tell me this isn't discriminating.
If you're 'going' to, do that, than have them all come down in the town, and
be fair about it. . Okay by you, fine. Let's be fair about it. What's. good
for the goose is good for the gander. You're telling these people, they
can't have it, , but yet other people in the town, you're saying, are allowed
to have them up there, ' and I can read the A&P, and the King Kullen,
right from the road they're so big. Those are the things that get to me. .. :..
It—isn't really this issue. It's the reasoning here, that gets to me.
Exterior, signs, conformed on respect to sign regulation set forth in the
Zoning Code., Okay. Then you tell them down below here in item F., that
the color and material to be like every other more or less buildings in that
public space. You say they have to conform with the colors, and
everything, to everybody else in that area, if they go into a shopping
center. Let's be fair about it. I'm going to cut this short, because I can
go on, and on, and on, but I told you last Friday night, Tom, but I want
to tell you one thing, and I'm never going to forget. -this, Tom, as long as I
live. What you said in this paper here, November 18, 1993, and I'm going to
read it directly right here. It's only three lines. Supervisor-Elect Tom
Wickham has said, that he would not have a problem with a fast food outlet .
being built, in Southold, . providing' it conforms with Planning and Zoning
Board requirements. Well, in my opinion, it does, and now you're doing 180
degrees .to. get off the hook. I'm never going to forget that, and I can go
on, and on, with other articles in here, too. I'll close by saying this,
Tom. I want the whole Board to remember this. Like I told you Friday
night, I hope you know what you're doing :when you pass this law, because
a good Philadelphia lawyer will tear , this apart the way you've got it
written here, and I hope it isn't going to be another Charlie Zahra
case, and don't spend my money on lawyers.
SUPERVISOR WICKHAM: Thank you, Frank.
FRANK CARLIN: You're welcome I'm sure.
SUPERVISOR WICKHAM: Is there anyone else in the audience, that would
like to address the Board?
ANN LOWRY: Ann Lowry from the North Fork Environmental Council.
I'm going to speak about the formula foods, also, and recognize that you
have to represent the people. .I hope that you did see the videos, that we
gave you. of the. people that spoke at the Planning Board hearing. Nobody
wants fast foods here. Period. I understand, that you have to put something
in to Code language, so that a fast .food can come here, at least
theoretically. I urge you to use the greatest amount of constraint that you
can use in putting in the smallest place, ,mainly the shopping centers. I
know that that - is a judgement call about whether it's going to be
acceptable, but it seems to me from the discussion this morning, that it's
also a judgement call, so much is, everything is, I guess, but a judgement
call might' have greater consequences even, about putting the fast food into
the hamlet business, also, because, in fact, - if you do that, then I know the
NFEC has made an about turn on this,' but we've been think about it, and
we appreciate in many ways the deliberate thought, that you have been
giving this, but we're asking if you are, going to continue, we're asking you
to continue, to give it thought, because there could be a perforation in the
hamlet centers, and, that might have many worse consequences than whatever
could happen from putting them into the shopping centers, and we do ask,
if you're going to continue to ask .them to be in the hamlet centers, that
you ask for a moratorium to give a safety net, time to consider further.
Thank you.
SUPERVISOR WICKHAM: Is there anybody on the Board, who would like to
respond to this?
FRANK CARLIN: I want to say one thing, and I want to get this clear.
These people in this room, that keep saying, we, in Southold, they don't
speak for the twenty thousand people in Southold Town. I've been getting
people calling me 'up, and telling me, and meeting me on the street, wanting
to know what's going on, so let's get that on the record, that, they don't
speak for all the people in Southold Town, not twenty thousand of them.
MARCH 22, 1994 18
SUPERVISOR. WICKHAM: Frank, thank you. Are there any other comments
from the audience, who would like to address the Board before the
resolutions? If not, I think we're ready to start out on resolution Number
1 . Joe,. would -you like to start?
1 .-Moved by .Councilman Townsend, seconded by Justice Evans, it was
.RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute a lease agreement
between the Southold Methodist Church and the Town for the church
parking field behind the. church building on the south side of Route 25,
Southold, for a term of ten (10) years, commencing on January 1, 1994 and
ending December 31, 2003, for a total rent of $10.00, to be paid upon
execution of the lease; all in accordance with the approval of the Town
Attorney.
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 Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Jane- D. Ritter, part-time Clerk Typist for
the .Board of Appeals; effective March 30, 1994.
2.-Vote of. the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman . . Townsend, . Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3.-Moved by' Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to • Account Clerk Barbara Rudder to attend a Workers'
Compensation Update seminar, sponsored by the Long Island Regional Job
Service Employer Committee and the State of New York, from 8:30 A.M. to
11 :00 A.M., at the Radisson Plaza Hotel, Melville, New York, on Thursday,
March 31, 1994, . and the necessary expense for transportation, using a ..Town
vehicle-, shall •be a legal charge to the Accounting & Finance Department's
1994 Budget.
3.Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that. the Town 'Board of the Town of Southold hereby authorizes
and directs the . Town Clerk to advertise for bids for the following items
for the Superintendent of Highways:
1 . 500 tons' (more or less as may be needed) of Bulk Salt.
2. Two (2) Sand Spreaders
3. (a)10,000 linear feet (more or Less as may be needed) of Snow Fence.
(b)500 (more or less as may be needed) of 6 ft. Studded Steel "T"
Posts.
4. 150,000 square yards (more or less as may be needed) of Latex
Modified Emulsified Asphalt "Pavement Course (Microsurfacing). ,
4,Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
their resolution no. 21, adopted on March 8, 1994, amending their "Policy
with Respect to Salary Guidelines" - by increasing the per-hour salaries of
year-rouri.d, part-time employees, by establishing an effective date of March
8, 1994.
. 5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
1 8 2 :MARCH -22,- 1994
RESOLVED THAT THE Town Board of` the Town of Southold hereby
authorizes a refund of $18.00 to Stove & Stone Ltd. AND $10.00 to James
H. Rambo for unused .sand tickets (No. 51640, 4-yards, purchased on
7 6 83 = $4.00; No. 0831, 4-yards, purchased on 3/13/87 = $14.00; AND No.
65699, 4-yards, purchased on 9/21/84 = $10.00) .
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 Justice Evans, it was
RESOLVED that the Town Board of .the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute a lease agreement
between the Town of Southold and Suffolk County Board of Elections for the
use of the. Southold Town Recreation Center, Peconic Lane, Peconic, as an
official Polling Place for the Primary Election on a Tuesday in September,
1995, General Election on Tuesday in September, 1995, General Election on
Tuesday, . November. 7, 1995, all between the hours of :6:00 A.M. and 9:00
P:M.
. 7•-Vota of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.-Moved by Councilwoman Hussie, seconded by Councilwoman Wickham, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
Transfer. and- Disposal of Solid. Waste. Agreement entered into on October 9,
1993 between the Town of Southold and Star Recycling Inc., hereby
exercises its option to extend the contract for a period of three months,
beginning on April 9, 1994 and ending on July 8, 1994; and be it
FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is
authorized and directed to transmit a letter to Star Recycling Inc.
notifying them of the Towns intention. .
8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman. ; Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.-Moved by. Councilwoman Oliva, seconded by Councilman Wickman, it was
RESOLVED. that the Town Board of. the Town of Southold hereby establishes
the following 1994 pay.. schedule for .Lifeguards and Beach Attendants:
Year Number Lifeguard per hour Beach Attendant per hour
1 $ 7.42 $ 5.83
2 $ 7.69 $ 5.99
3 $ 7.95 $ 6. 15
4 $ 8.22 $ 6.31
5 $ 8.48 $ 6.47
6 $ 8.75 $ 6.63
7 $ 9.01 $ 6.78
8 $ 9.28 $ 6.94
9.-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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
with regret, the resignations of Harry P. Fagan, Jr and William Peters,
members of the Southold Town Landmark Preservation Commission, effective.
April. 5, 1994, .and extends their sincere thanks and appreciation for the
time and expertise they devoted to the Commission.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED :that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to accept
• the proposal of . New England Theater Service, In., Hamden, Connecticut,
at a total of $30,000.00 to accomplish .the following at the Fishers Island
f
MARCH 22, 1994 183
Community Theater-: ( 1 ) Provide labor and materials for retrofitting of two
(2} projectors to eliminate the use of welding machines as poser sources and.
carbon rods as .light sources, all in accordance with requirements received
from the New York State Board of Fire Underwriters electrical inspection, at
a cost of $16,303.00. (2) Provide labor and materials for the installation
of a ."sur.round sound" system at a cost of $9,067.00. (3) Provide labor
and materials for the installation of acoustical panels and burlap flame
proofed wall covering at a cost of $4,630.00.
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 Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following modification to the 1994 Fishers Island Ferry District Budget
to cover certain rehabilitation items at the Fishers Island Community
Theater:
To:
Revenues:
SM2705 Gifts & Donations $ 30,000.00
Appropriations:
SM7155.4• Theater, Expenditures r 30,000.00
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 Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners - of the Fishers Island Ferry District to
advertise for bids for drydocking the MV MUNNATAWKET for periodic
inspection and .refurbishing'.of her underwater body, all in accordance with
specifications for same.
13•.Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman . Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
14.-Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island District to grant
incremental salary increases to all full-time personnel and part-time
personnel, which increases are one year in arrears in accordance with the
CSEA contract in effect for, 1993. The following full-time personnel shall
receive 2% salary increases retroactive to January 1, 1994 and on July 1,
1994:
Frederick B. Barrett James Lemerlin
Charles Burgess Edward Moore
Stephen Burke Kevin Moroney
Mark Easter lone Norton
Eugene Henson 'Victoria Orr-Novak
Richard Hoch Kenneth Ricker
Robert Knauff John Stanford
The following part-time personnel shall be compensated at the hourly rates
shown below, effective January 1, 1994:
Walter Barnard $ 13.75 Timothy Keating $ 6.40
David Bennett $ 6.40 Anthony Mirabelli $ 7.75
Shane Clarke $ 6.40 Richard Niedojacio $ 6:55
Robert Davis $ 8.20 Carl Roth $ 6.00
Michael Gelman $ 7.00 Ellsworth Wilcox $ 17.20
Lawrence Keating $ 5.90
14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.-
This resolution was duly ADOPTED.
15.-Moved by Councilwoman Hussie, 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 lease agreement
1 MARCH 22, 1994
between the County of Suffolk Office for the Aging and the Town of
Southold- for a 1994: Ford, Econoline 12 Passenger Van Equipped for the
Handicapped, for a term commencing immediately through 2004, all in
accordance with, the approval of the Town Attorney.
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 Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold is holding a Letter of
Credit in the amount of $20,000.00 as a performance bond for roads and
improvements in the subdivision-of Chardonnay Woods; and
WHEREAS,:, the aforesaid Letter of Credit expires on April 2, 1994, and the
Town has -not received a renewed certificate as recommended by the Planning
Board; now, therefore, be it
RESOLVED .that the Town Board hereby authorizes and directs the Town
Attorney to draw upon the $20,000.00 Letter of Credit of Chardonnay
Woods if the renewal is not received by noon of April 1, 1994.
16.-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'd just like to take a minute to explain that all of
the resolutions up to this point, are resolutions that have been submitted
by various people over the last week or two, and were on our agenda, as a
result of action,. that needed to be taken. The subsequent resolutions, that
we will be taking up, were items that were on the for discussion page of the
agenda.. You may have seen that page among your papers there, and many
of those items, that were for discussion we ultimately framed resolutions
during the day. . Some of them we barely had time to put in the shape of a
resolution°;form to be acted on tonight, and some of them we started in early
this morning. So, these resolutions from here on were those that came out
of the discussions, that were held during the Work Session today.
17.-Moved by Councilwoman Hussie,seconded by Councilman Townsend,it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State . Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby given
that the .Southold Town Board, in conducting an uncoordinated review of
this 'unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: "A Local Law in Relation to Landmark
Preservation", which amends Chapter ' 56 (Landmark Preservation) of the
Code of the Town of Southold by adding "places" and "sites"of historic
architectural significance to the jurisdiction of the Landmark Preservation
Law, and adds definitions for "Style of Architecture" and "Historic
District", and "Historical Significance" and "Landmark". These amendments
have been determined not to have a significant effect on the environment
because an Environmental Assessment Form has been submitted and reviewed
and they Town Board has concluded that no significant adverse-effect to the
environment is likely to occur should the amendment be implemented as
planned.
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 Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, .there has been presented to the Town Board of the Town of
Southold .a proposed "Local Law in Relation to Landmark Preservation"; now,
therefore be it
RESOLVED that ,the Town Board hereby sets 8:10 P.M., Tuesday, April 5,
1994, Southold Town .Hall, Main Road, Southold, New York, as time and
place for a public hearing on this proposed Local Law, which reads as
follows.
_ MARCH 22, 1994 18
A Local Law in Relation to Landmark Preservation
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
1. Chapter 56 (Landmark Preservation) of the Code of the Town of Southold
is hereby amended as follows:
1 . Section 56-2 (Purpose) is hereby amended to read as follows:
The Town Board finds there exist in the Town of Southold places,
-sites,_ structures and buildings of historic or architectural
significance, antiquity, uniqueness of exterior design or
construction, which should be conserved, protected and preserved
to preserve the architectural character of Southold Town, to
contribute to the aesthetic value of the Town and to promote the
general good., welfare, health and safety of the Town and its
residents. Therefore, it is the purpose and policy of this chapter
to establish a Landmark Preservation Commission and procedures
which it .can follow to assist Southold Town and .owners of places,
sites, buildings and structures in order to conserve, protect and
preserve such places, sites, structures and buildings thereby
preserving the unique character of Southold Town, which will
substantially improve property and commercial values in the Town
and make its hamlets even better places in which to live.
2. Section 56-3 (Definitions) of the Code of the Town of Southold is
hereby amended by adding thereto the following:
HISTORIC DISTRICT - Any area which contains places, sites,
- structures or buildings which have a special character and ambience
or historical value or aesthetic interest and which represent one
(1) or more periods or styles of architecture of an era of history
and which cause such area to constitute a distinct section of the
Town.
STYLE OF ARCHITECTURE - Style recognized by one (1) of the
following organizations:
1 . The National Register of Historic Places.
2. Historic American Buildings Survey.
3. Historic America n 'Engineering Record, United States Department
of the Interior, National Park Service.
4. Division for Historic Preservation, New York State Office of
Parks and Recreation.
5. National Trust for Historic Preservation.
6. Society of Architectural Historians.
3. Section 56-3 (Definitions) is hereby amended by changing the
following to read as follows:
HISTORICAL SIGNIFICANCE - The quality of a place, site, building,
district or structure based upon its identification with historic
persons or events in the Town of Southold
LANDMARK - Any place, site, structure or building which has
historical or architect n-M-significance-value or aesthetic
'interest by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural
characteristics of the Town, County or nation.
186 MARCH 22, 1994
4. Section 56-4(A) (Landmark Preservation Commission) is hereby
amended to read as follows:
A. There is hereby created a Landmark Preservation Commission
for the purpose of conserving, protecting and perpetuating
historic -landmarks and districts in accordance With the
purposes of this Article. The Commission shall consist of
seven (7) members to be appointed by the Town Board, to
- serve without compensation. -.
5. Section 56-5(B) (Duties of Commission) is hereby amended to read
as follows:
.B. Recommend places, sites, buildings, structures and historic
districts to the Town Board for landmark designation in
accordance with the provisions of Section 56-6 hereof.
6. Section 56-6(A) (Designation of landmarks) is hereby amended to
read as follows:
A. Selection of places, sites, buildings, structures and historic
districts for landmark designation shall be determined on the
basis of historical and/or architectural significance.
7. Section 56-6(B) is hereby amended to read as follows:
B. In considering places, sites, buildings, structures, and
--- historic districts for- possible landmark designation, the
Commission shall comply with the following procedure:
8. Section 56-6(B) (1) is hereby amended to read as follows:
(1) Prior to recommending to the Town Board that a place,
site, building, structure or historic district be
designated as a landmark, the Commission shall give
written notice to the owner(s) of the property, as shown
on the last completed town assessment roll, that the
Commission is considering recommending to the Town Board
that the place, site, building or structure be designated
as a designated landmark or historic district. Such
notice shall request that the owner(s) consent to such
designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate
that if the owner(s) objects to such designation or
desires further information, the owner(s) may return the
form enclosed with the notice, which requests that the
owners and/or representatives) seeks a meeting with
the Commission .within thirty (30) days from the receipt
of such. requests by the Commissioner.
8..- Section 56-6(B)(2)(a) is hereby amended to read as follows:
(a) The owner consents in writing to such designation;
or, with respect to an historic district, fifty-one
percent (51 0) of the property owners in the proposed
district consent in writing to such designation;
9. Section 56-6(13)(2) (b) is hereby amended to read as follows:
(b) The owner, within thirty (30) days from the receipt
of the notice specified in Section 56-6 (B) (1), has
failed to notify the Commission of his/her objection
to such designation or failed to request a meeting
with the Commissioner.
0
MARCH 22, 1994 187
10. Section 56-6(B)(3). is hereby amended to read as follows:
3. When the Town Board receives a recommendation from the
Commission that a place, site, building or structure be
designated as a landmark, or an historic district be
designated, the Town Clerk shall give written notice
thereof to the owner(�,j of the property, stating the time
and place when the Town Board will meet to consider the
question of the landmark designation of such place, site,
building, structure or historic district. Such notice
shall also state that the owner shall be given an
opportunity to be heard at such meeting.
11 . Section 56-6(C) is hereby amended to read as follows:
C. ' The designation of property as a designated landmark or
historic district by the Town Board, pursuant to the provisions
of this chapter, shall not impose any obligation or
responsibility upon the owners thereof, nor shall such
designation in any manner restrict or limit the use,
development,. repair, maintenance, alteration or modification of
the property by the owners thereof.
12. Section 56-8 (Termination of landmark designation) is hereby
amended to read. as follows:
Whenever a designated landmark or historic district is destroyed or
its exterior is altered to such an extent that it ceases to have
architectural significance, the Town Board may, by resolution,
direct that the it be removed from the Register of Designated
Landmarks. Prior to taking such action, however, the owner shall
be given written notice of such proposed action and shall be given
an opportunity to appear before the Town Board and be heard
thereon.
13. Section 56-9 (Severability) is hereby amended to read as follows:
Each of the foregoing provisions of this chapter has been adopted to
an endeavor to preserve and extend the public welfare by
preserving the characteristics of historic and/or architecturally
significant places, sites, structures or districts. In the event
that any portion of this chapter shall be determined invalid, such
- determination -shall not affect or result in the invalidly of any
other provision contained. in this chapter.
II. This Local law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
** Overstrike represents deletion(s)
.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.
1 88 M-ARCH 22, 1994
19.- Moved by. Supervisor. Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of theTown of Southold hereby
authorizes the "purchase of new computer equipment for the Disposal Area
consisting of computer hardware and new version of network software,
upgrade of Town's License for new scale software system, and installation
and training, at a cost not to exceed $8,500.00.
19.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the
Disposal - Fee for brush and leaves (only) from Town residents during the
Town's spring and fall clean-up weeks - a period of seven days, all in
accordance with the recommendation of Superintendent of Highways Raymond
L. Jacobs.
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 Supervisor Wickham, seconded by Councilman Lizewski,
WHEREAS, the Town Board of the Town of Southold wishes to exercise its
fiscal responsibility on budget matters on a more timely and detailed basis;
now, therefore, be it
RESOLVED that the Town Board hereby creates a Supervisor's Finance
Committee,and appoints the following members: Supervisor Thomas
Wickham, Chairperson, Councilwoman Alice J. Hussie, Councilman Joseph
L. Townsend, Jr., and Senior Accountant John A. Cushman II . The
appointments are effective . immediately, the committee members to serve
without compensation.
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 Lizewski, seconded by Councilwoman Oliva, it wa
RESOLVED that the Town Baord of the Town of Southold hereby
reappoints Ralph Williams and Robert G. Kassner as members of the
Southold Town Landmark Preservation Commission, for a two (2) year term,
effective April 5, 1994 through April 5, ' 1996, they serve on said Commission
without compensation.
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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to .advertise for resumes for two (2 members
of the Landmark Preservation Commission, to fill the vacancies created by
the resignations of Harry P. Fagan, Jr. and William Peters.
23.-Vote . of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend; Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly, ADOPTED.
24.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Cramer, Voorhis '8 Associates, at a total sum not to
exceed $350.00,, for the preparation of a Long Environmental Assessment
Form with regard to a proposed Local Law entitled, "A Local Law in Relation
to Formula Food Restaurants".
24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
_ Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MARCH 22, 1994 189
Councilwoman Hussie: I don't like the Law, but I think we have to pay
them.
25.- Moved by Supervisor. Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby commences
the lead. agency coordination process in regard to the State Environmental
Quality Review -Act on the Unlisted action on a proposed Local Law
entitled, "A Local Law in Relation to Formula Food Restaurants".
25.- Vote of the Town Board:Ayes: Justice Evans, Councilwoman Oliva,
Councilman, Townsend, Councilman Lizewski, Supervisor Wickham. No:
Councilwoman Hussie.
This'r"esolution was duly ADOPTED.
2.6.-Moved by Supervisor Wickham, seconded by Councilwoman Olvia,
WHEREAS, there has been presented to the, Town Board of the Town of
Southold on his date, a proposed Local Law entitled, "A Local Law in
Relation to Formula Food Restaurants";now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to ,transmit this proposed Local Law to the Southold Town
- Planning Board and the 'Suffolk County Department of Planning for their
recommendation and reports, all in accordance with the Southold Town Code
and the Suffolk County Charter. This proposed "Local Law in Relation to
Formula Food Restaurants" reads as follows:
A Local Law in Relation to Formula Food Restaurants
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT. A formula food restaurant, ' by its nature, reflects a
standardized format which is evident in its corporate appearance, food
offerings, manner of presentation, and advertising, and which is at odds
with the scenic rural nature of the Town of Southold. Formula food
restaurants are intense land uses that typically are associated with
suburban communities where they are located within strip commercial zones
along major arterials. .. However, increasingly they are being located
within traditional business centers. This ordinance will limit such uses
to the traditional business core of the Town. This ordinance is in
keeping with the Coals and Objectives. of the Town's Comprehensive Plan
to encourage the economic vitality of the traditional hamlet centers while
simultaneously protecting their unique local flavor and rural character.
Accordingly, the special exception requirements are designed to ensure
that the uniform, standardized, corporate format of formula food
restaurants are modified to accord with the rural scenic character of the
Town, including the development of the hamlet on a scale that is
accessible for pedestrian access, and historical architectural tradition.
1 . Section 100-13. (Definitions) of the Code of the Town of Southold
is hereby amended as follows:
RESTAURANT - Any premises other than take out or formula
food restaurants where food is commercially sold
for on-premises consumption to 'patrons seated at tables or
counters. A•itp faci-lit-r rnmkirrg- tise-of carhop- or parfring-
kA- serv+ee to ears or for the constimptio" of food to be-
eaten 47 said ears or otitdeors-sha+F not be-considered-a•
"restaarantu for the ptrrposi_- of this- chapter-and- sha#- be-
deem£-d to be-a dr+ve-in or fast- food restaurant
RESTAURANT, FORMULA FOOD - A restaurant business
required by contractual or other arrangements to offer
standardised menus, ingredients, food preparation, decor,
external facade or uniforms.
RESTAURANT, DRI-VE-•IN- Off FAST-FOLD- TAKE OUT Any establishment other than a formula food restaurant, whose
principal business is the .sale of foods, frozen desserts or
beverages to the customer in a ready-to-consume state, usually
served in paper, .plastic or other disposal containers, for
consumption within the restaurant building, elsewhere on the
premises or for carryout for consumption off the premises.
_ q i
MARCH 22, 1994
SHOPPING CENTER - A group of retail and service businesses
which have an integrated architectural and site design and which
have anchor tenant consisting of either a supermarket or a
department store encompassing a minimum of 25,000 square feet
of area.
2. Section 100-91 (A)(7) (Use Regulations) of the Code of the Town
- a of Southold is hereby amended to read as follows:
7. Restaurants, excluding. drive-in formula food and take
out restaurants.
y 3.. Section 100-91(B)(f) (11) is hereby added to read as follows:
(11) Take-out anal- formula food restaurants, subject to the
- following requirements:
a. Adequate parking shall be provided in accordance
with that required by the Parking and Loading Area
Article of the Zoning Code. All parking spaces shall
be located within reasonable walking distance of the
site, or 300 feet whichever is less.
The improvement or development of municipal parking
may be used to satisfy this requirement The adequacy
of municipal parkinq shall be determined by the
Planning Board as part of its site plan review
procedure by 'conductinq a parking survey of the
capacity of the existinq municipal parking area to
p
accommodate the rojected increase in usage due to the
introduction of the subject land use.
b. An assessment of the potential traffic impacts of the
proposed use must accompany the long environmental
assessment form. The appropriate mitigation measures
must be incorporated into the site plan.
c. There shall be no counter serving outdoor traffic
via a drive-in, drive-through, drive-up, drive-by or
walk-up window or door.
d. Exterior signage shall conform in all respects to
the Sign Article of, the Zoning Code and, further; may
not be lit from within.
e. Advertisements including trademark logos may not' be
affixed, painted' or glued onto the windows of the
business .or onto 'any exterior structures, including
waste disposal receptacles and flags.
f. The physical design, including color and use
of materials, of the establishment shall be
• compatible with and sensitive to the visual and
physical characteristics of other buildings public
spaces and uses in .the particular location
4. Section 100-101.(B)(9) is hereby amended to read as follows:
(9) Past-food Take out restaurants, provided that
eating on the premises of the fast-flood- take out
restaurant shall be permitted only inside the structure or
in areas, specifically designated and properly maintained
outside of the structure and where minimum lot size for a
freestanding structure is forty thousand (40,000) square
feet.
MARCH 22, 1994 191
tf_
5. Section 100-101 (B) (16) is hereby added to read as follows:
(16) Formula food restaurants located within a shopping center
in this zone, subject to the following requirements:
a. There must be sufficient parking as provided for by
the Parking and Loading area Article of the Zoning
Code and such parking area shall be available within
shopping center site to accommodate the use.
b. The operation of the establishment shall not create
traffic problems.
C. There shall be no counter serving outdoor traffic via
a drive-in, drive-through, drive-up, drive=by or
walk-up window or door.
d. Exterior signage shall conform in all respects to
the Sign Article of the Zoning Code and, further, .may
not be lit from within.
e. Advertisements .including trademark logos may not
be affixed, painted or glued onto the windows of the
business- or onto any exterior structure including
waste disposal receptacles and flags.
f. The signage must conform to the existing color ,
theme and signage style of the shopping center.
g. The existing exterior architectural style of the
shopping center building may not be altered or
modified in any way to accommodate the proposed use.
h. The use must be located within the shopping center's
main primary building complex, and may not be
located within a .single freestanding structure within
the shopping center'site.
6. Section 100-191 (A) (Off-street parking areas) is hereby amended
by changing the following to read ,as follows:
TYPE OF USE REQUIRED NUMBER- OF
SPACES
Restaurant, drive-in; curb service 1 space per 2 seats or
take .out or formula food .or-fast--food 1 space per 50
square feet of gross
floor space, whichever
is greater
II. This Local Law-shall take effect upon its filing with the Secretary
of State.
* Underscore represents additions
** Overstrike represents deletions
JUSTICE. EVANS: Can we say a few words here? I was originally, I still
wish, that we could just limit it to shopping centers. I've been convinced,
that .because of legal reasons we're in a better position if we put it in two
different place,. What we're doing here is putting it out for public
hearing,. and I hope that you, all can see things differently, but it seems
that unless we give a. couple of offerings, we could lose a lawsuit if we
limit to.one spot, where we let them come in.
Q rJJ .
MARCH, 22, 1994
COUNCILMAN LIZEWSKI : I would like to say a few words. It says the
Intent. A formula food restaurant by it's nature, reflects a standardized
format which is evident, and in it's corporate appearance, food offerings,
manner of presentation, and advertising, which is at odds with the scenic
rural nature of the .Town of Southold. Formula food restaurants are intense
land uses that typically are associated with suburban communities where they
are located within strip commercial zones along major arteries. That's what
they._ usually do. Then we're saying, further. on, that we're going to put
these in our little . hamlets, which to me is where I want that rural
atmosphere. To put these things in our hamlet business centers, to me, is
destroying my hamlet business _ centers. It says, this ordinance is in
keeping with the goals and objectives of the Town's Comprehensive Plan to
encourage the economic vitality of the Town's Comprehensive Plan within the
traditional hamlet centers, and beginning we say, that these things are
usually put in places where there .is an intense land use and associated with
strip commercial zones, and we're going to put these things into our hamlet
centers, which are small, and certainly in my eyes, make our community
what it is. I can't go along with it. The whole intent to me is
cattywampus. . I can't get this, intent, where we're taking these things and
putting them in our hamlets, making this place more rural. None of this
fits to me.
26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olvia,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski. .
This resolution was duly ADOPTED.
27.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, on this date the Town Board of the Town of Southold was
presented with a proposed Local Law entitled, "A Local Law in Relation to
Formula Food Restaurants";and
WHEREAS, "on this -date the , Town Board authorized the Town Clerk to
transmit :this:. proposed Local Law to the Southold Town Planning Board and
the Suffolk County Department of. Planning for their recommendations and
reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, May 3,
1994,Southold Town Hall, Main Road, - Southold, New York as time and
place for a public hearing on this proposed Local Law which reads as
follows:
A Local Law in Relation to Formula Food Restaurants
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT. A formula food restaurant, by its nature, reflects a
standardized format which is 'evident in its corporate appearance, food
offerings, manner of presentation, and advertising, and which is at odds
with the scenic rural nature of the 7 Town of Southold. Formula food
restaurants are intense land uses that typically are associated with
suburban communities where they are located within strip commercial zones
along major larterials.. However, ' increasingly they are being located
within traditional business centers. This ordinance will limit such uses
to the traditional business core of the Town. This ordinance is in
keeping with the Coals and Objectives of. the Town's Comprehensive Plan
to encourage the economic vitality of the traditional hamlet centers while
simultaneously protecting their unique local flavor and rural character.
Accordingly, the special exception 'requirements are designed to ensure
that the uniform, standardized, corporate format.. of formula food
restaurants' are modified to accord with :the rural scenic character of the
Town, - including the development of the hamlet on a scale that is
accessible for pedestrian access., and ,historical architectural tradition.
1. Section 100-13 (Definitions) of the Code of the Town of Southold
is hereby amended as follows:
RESTAURANT - Any premises other than take out or formula
food 'restaurants where food is commercially sold
for on-premises consumption to patrons seated at tables or
counters. A-ny facility ma-kirng- case-of carhop- or parieing-
MARCH 22', 1994
lot-service to cars or for the consumption of food to be-
eaten in sail+ cars or. odtdoors-sha+i- not be-cons*dered-a
urestaarantu for the purpose• of thin- chapter-and- sha+F be-
deenmd to be--a drive-in or fast- food restaurant
RESTAURANT, FORMULA FOOD - A restaurant business
required by contractual or other arrangements to offer
standardized menus, ingredients, food preparation, decor,
external facade or uniforms.
RESTAURANT, Di+FVE-+IV- OR FA -ST-FOOD- TAKE OUT Any establishment other than a formula food restaurant, whose
principal business is the sale of foods, frozen desserts or
beverages to the customer in a ready-to-consume state, usually
served in paper, plastic or other disposal containers, for
consumption within the restaurant building, elsewhere on the
..premises or for carryout for consumption off the premises.
SHOPPING CENTER - A group of retail and service businesses
which have an integrated architectural and site design and which
have anchor tenant consisting of either a supermarket or a
department store encompassing a minimum of 25,000 square feet
of area.
2.. Section 100-91 (A)(7). (Use :Regulations) of the Code of the Town
of Southold is hereby amended to read as follows:
.7. Restaurants, excluding dri-'e-in formula food and take
out restaurants.
3. Section 100-91 (B) (f)(11) is hereby added to read as follows:
(11) Take-out and formula food restaurants, subject to the
following requirements:
a. Adequate parking shall be provided in accordance
with that required.1 by the Parking and Loading Area
Article of the Zoning Code. All parking spaces shall
be located within reasonable walking distance of the
site, or 300 feet whichever is less.
The improvement or development of municipal parking
may be used to satisfy this requirement. The adequacy
of municipal parking shall be determined by the
Planning Board as part of its site plan review
procedure by conducting a parking survey of the
capacity of the existing municipal parking area to
accommodate .the projected increase in usage due to the
introduction of the subject land use.
b. An assessment of the potential traffic impacts of the
proposed use must accompany the long environmental
assessment form. The appropriate mitigation measures
must be incorporated into the site plan.
C. There shall be no counter serving outdoor traffic
via a drive-in, drive-through, drive-up, drive-by or
walk-up window or door.
19 4 MARCH 22, 1994
d. Exterior signage shall conform in all respects to
the -Sign Article of the Zoning Code and, further, may
not be lit from within.
e. Advertisements including trademark logos may not be
affixed, painted or glued onto the windows of the
business or-onto any exterior structures; including
waste disposal receptacles and flags.
f. The physical design, including color and use
of materials, of the establishment shall be
compatible with and sensitive to the visual and
physical characteristics of other buildings public
spaces and uses in the particular location
4. Section 100-101(B) (9) is hereby amended to read as follows:
(9) Fast-fend Take out restaurants, provided that
eating on the premises .of the fast--foocr take out
restaurant shall be permitted only inside the structure or
in areas specifically designated and properly maintained
outside of the structure and where minimum lot size .for a
freestanding structure is forty thousand (40,000) square
feet.
5. Section 100-101 (B) (16) is hereby added to read as follows:
(16) Formula food restaurants located within a shopping center
in this zone, subject to the following requirements:
a. There must be sufficient parking as provided for by
the Parking and Loading area Article of the Zoning
Code and such parking' area shall be available within
shopping center site to accommodate the use.
b. The operation of the establishment .shall not create
traffic problems.
C. There shall be no counter serving outdoor traffic via
a drive-in, drive-through, drive-up, drive-by or
walk-up window or door.
d. Exterior signage shall conform in all respects to
the Sign Article of the Zoning Code and, further, may
not be lit from within.
e. Advertisements including trademark logos may not
be affixed, painted or glued onto the windows of the
business or onto - any exterior structure including
waste disposal receptacles and flags.
f. The signage must conform to the existing color ,
theme and signage style of the shopping center.
g. The existing exterior architectural style of the
shopping center' building may not be altered or
modified in any way to accommodate the proposed use.
MARCH 22, 1994 195
h. The use must be located within the shopping center's
main primary building complex, and may not be
located within a single freestanding structure within
the shopping center site.
6. Section 100-191 (A) (Off-street parking areas) is hereby amended
by changing the following to read as follows:
TYPE OF USE REQUIRED NUMBER OF
SPACES
Restaurant, drive-in, curb service 1 space per 2 seats or
take .out or formula food or-fast-foodc 1-space per 50
square feet of gross
floor space, whichever
is greater
II. This Local Law shall take effect upon its filing with the Secretary
of State.
* Underscore represents additions
-- ** Overstrike represents deletions
COUNCILWOMAN HUSSIE: A word or two, I don't want to be just a
naysayer, and I certainly would be very interested in the public's. opinion.
I've said no to all the other things concerning formula food. I am going to
vote yes on this. ' However, I would like everybody to notice that I did
recommend to the Board today, although I was defeated, that fast food
restaurants, or formula food restaurants go into the industrial zones. Our
industrial zones are along the railroad, and there's just a little bit here
and there on Route 48. It would give us an opportunity to control them.
They're still somewhat near the centers of the hamlet, but they're not in
the actual business part of the hamlet: I'd like to hear what you have to
say on that on the 3rd of May. I'm voting yes.
SUPERVISOR WICKHAM: I'd just like to make a comment myself. This is
one of those issues, where the Board differed. I think there's respect for
different opinions, and views. There are some members of the Board who
felt we'd gone too far. There were other members of the Board, who felt
we didn't go far ' enough, or that we put it in the wrong locations. The
consensus of the Board was, that we have lived with this for some period
time, and it was time to move on it, and there is no perfect answer. I don't
think there is'any single action that the Board could have. done, that would
have satisfied everybody, either on this Board, or in this room. What we
have tonight is a consensus, that in form or another seemed to the majority
of the Board the right thing to do.
27.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
.Councilman .Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
28.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town .Board of the Town of Southold hereby accepts
the' proposal of Jennifer R. Miller Associates to provide consulting
services to the Southold Town Board for the production of the Stewardship
Task Forces's .April 9, 1994 all-day planning conference, at a fee not to
exceed $2,000.00. The consultant will handle publication of the event, the
development and implementation of a public relations strategy to engender an
environment conducive to accommodation and consensus building on the Task
Force recommendations, and preparation and guidance on the subject of
group dynamics and leading goal-oriented discussions for facilitators. The
196 MARCH ,22;;.,l994
term of the services shall be effective immediately, and terminating upon
completion of. the project, on .or about April 9, 1994.
28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Aussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
29.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED, that the Town Board of the Town of Southold hereby rescinds
resolution number 24 adopted March 8 1994, authorizing the purchase of a
fax machine from Twin Forks Office Products.
29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was- duly ADOPTED.
30.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes
the purchase of one (1 ) new plain paper fax machine for Southold Town
Hall, from Advanced Business Automation, at a cost of $2,000.00, and be it
FURTHER RESOLVED .that the Town Board hereby authorizes- and directs
Supervisor Thomas Wickham to execute a purchase agreement between the
Town and Advanced Business Automation for the plain paper RICHO model
FAX 2500L facsimile machine, all in accordance with the approval of the
Town Attorney.
30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman 'Lizewski,
Supervisor Wickham.
This resolution was .duly ADOPTED.
31 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,'
WHEREAS, the Town Board of the Town of Southold wishes to join with the
town boards of East Hampton, Riverhead, Shelter Island and Southampton in
studying the feasibility of the proposed Peconic County; now, therefore, be
it
RESOLVED that the Town Board hereby authorizes and directs Supervisor
Thomas Wickham to participate in the steering committee of a Peconic County
feasibility study, and appropriates funds to be calculated on a population
basis, but.. not to exceed $10.000.00 for said study, payment of the funds to
be contingent on the other four towns participating, and subject to the
-approval of the Town Attorney.
31 .-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'd just like to comment, this does not commit the
Board to ,support for a new Peconic County. It commits us to appropriate
some money to do a study of the fiscal impact. of that. Resolution 32 has to
'do with the selection of a home for a firm called ADD. Association for the
Developmentally Disabled. The Board was presented thirty some days ago
with the proposition, that the ADD selected a .home to place four mentally
retarded adults "in, a home in Mattituck. The view of the Board, and a
number of'people was, that before we accept that proposal we ought to have
a look at other buildings, and see if, in fact, that was the most suitable
location. A committee was duly established. It met several times, I think
in the audience, there's several members who sat on that Board. It was
chaired by Lauren *Grant, who unfortunately couldn't be here today. The
committee took a look at three additional houses, plus the one house, that
was originally identified, and after quite a bit of search, and
investigation, made a . recommendation to us, and I have a copy of. their
report with me, and a map, . and I. -will just read the last sentence of that
report, and I'll- phase in terms of a resolution, and that is that the
committee strongly agreed that if a choice needs to be made, that a home on
Pacific. Street in .Mattituck, New York, which is duly noted on this map
here, would be the most appropriate house for this ADD residence.
32.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie,
WHEREAS, the Town Board of the Town of Southold, upon receiving
notification from the Aid to the Developmentally Disabled Inc. that they had
>MARCH 22, 1994 19
'odentified a potential community resident at 195 Greton Court, Mattituck,
formed a Site Selection Committee; and
WHEREAS, the purpose of the Site Selection Committee was to list, visit and
review various sites for an alternative site to that identified by the Aid
to the Developmentally Disabled Inc., and recommend to the Town Board an
optimum . home, taking into consideration factors such as proximity to hamlet
center services, traffic, etc; and
WHEREAS, after extensive research and investigation, identification of
potential residences, and inspections of same, the Site Selection Committee
identified a site they believe meets all the criteria set forth by ADD: now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
recommends to the Aid to the Developmentally Disabled In. a residence at
475 Pacific Street, Mattituck, New York.
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 Oliva, seconded by Supervisor Wickham, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of. the Town of Southold, notice is hereby given
the the Southold Town Board, in conducting an uncoordinated review of this
unlisted action, had determined that there will be no significant effect on
the environment.
DESCRIPTION OF ACTION"A Local Law in Relation Wetland
applications"which amends Chapter 97 (Wetlands) of the Code of the Town
of Southold by requiring that Wetland Applications must be accompanied by
current survey and topographical map of one year or less with contours
at two-foot. intervals. This amendment has been determined not to have a
significant effect on the environment because an Environmental Assessment
form has been submitted and reviewed and the Town Board has concluded
that no significant adverse effect to the environment is likely to occur
should the amendment be implemented as planned.
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 Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed "Local Law in Relation to Wetland Applications"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, April 5,
.1994, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this proposed Local Law, which reads as
follows:
A Local Law in Relation to Wetland Applications
BE IT ENACTED, by the Town Board of Town of Southold as follows:
1. Chapter 97 (Wetlands) of the Code of the Town of Southold is.hereby
amended as follows:
1 . Section 97-21 (,G) is hereby amended to read as follows:
G. Such application shall be accompanied by a current survey
and topographical map of one year or less with contours at
ens#eat two foot intervals, showing the area from which
the removal or in which the deposit of materials is
proposed, or in which structures are to be erected, certified
by a registered land surveyor or registered professional
engineer, licensed by the State of New York. Such survey
and topographical map shall show the soundings of the area
in which operations are proposed to be conducted. The
horizontal control of said survey shall be based on an
.approved local coordinate system. The vertical control for
elevations and soundings shall be based on the United
States Coast and Geodetic Survey datum.
11 . This Local Law shall take .effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Underscore represents additions
198 MARCH 22, 1994
34.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman, Hussie, Councilman Lizewski,
*Supervisor Wickham.
This resolution was duly ADOPTED.
35.-Moved by. Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10.
and-Chapter 44 of the Code of the Town of Southold, notice is hereby given
that the Southold Town .Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION. OF ACTION: "A Local Law in Relation to Mooring Permits:
which amends. Chapter 32 (Boats, Docks and Wharves of the Code of the
Town of- Southold by imposing stricter regulations with respect to the
issuance of mooring permits, due to the fact the use of moorings has
increased to such an extent that the number of moorings have begun to
impair the fragile marine environment in Town waters. This amendment has
been determined- not to have a significant effect on the environment because
an Environmental Assessment form has, been submitted and reviewed and the
Town Board has concluded that no significant adverse effect to the
environment is likely to occur should the amendment be implemented as
planned.
35.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
36.-Moved by Councilwoman Oliva, seconded by Councilwoman* Hussie,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed "Local Law in Relation to Mooring Permits"; now,
therefore; be it
.RESOLVED that .the Town Board hereby sets 8:05 P.M., Tuesday, April 5,
1994" Southold Town Hall, Main Road, Southold, New York as time and
place for a public hearing on this proposed Local Law, which reads as
follows:
A .Local Law 'in Relation to Mooring Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:.
I. Chapter 32 (Boats, Docks and Wharves) of-the Code of the Town of
Southold is hereby amended as follows:
1 . Section 32-39.3. (Mooring Permits) is hereby added to read as' follows:
A. The Town of Southold permits the installation of moorings- for
boats in specified locations of Town waters. The use of
moorings has increased to such an extent that the number of
moorings have begun to impair the fragile marine environment
in the surrounding Town waters. The Town Board therefore
declares it to 'be the policy of the Town to restrict and
regulate the issuance of mooring permits as described herein.
B. Resident Mooring permit.
1 . A- resident mooring permit shall be issued by the Town
Trustees to all persons who 'are qualified residents of the
Town of Southold Persons applying for a resident
mooring permit shall be requested to sign an application
in affidavit form 'and submit for inspection one of the
following* as proof of residence:
a. A valid tax receipt stub for the current year for any
taxable real property within the Town of Southold
assessed in 'the name of the applicant.
b. A valid motor vehicle registration in the name of the
applicant and to an address located within the Town
of Southold or to an address corresponding to the
address of 'a validated tax receipt stub for the
current tax' year for any taxable real `property within
the Town of Southold affixed to the application.
C. Such other proof of residence as is satisfactory to
the Town Trustees.
MAR - H 22, 1994 l g 9
2. The Town Trustees shall inspect such application to
determine that the applicant is a qualified resident of
the Town. Upon approval of the application, resident
mooring permit stickers shall be issued. One sticker
shall be placed on the mooring and one sticker shall be
placed on the boat secured to said mooring.
C. Lessee mooring permit.
1 .1 A lessee mooring permit shall be issued by the Town
Trustees to all persons who lease or rent property within
the Town of Southold but do not qualify as residents as
defined in Section 32-39B hereof. Persons applying for a
lessee mooring permit shall present an application in
affidavit form, signed by the lessee and the owner of the
property, setting forth:
a. The location of the leased or rented property.
b. The persons occupying the same.
C. The term of such tenancy.
2. Upon a determination by the Town Trustees that the
applicant is entitled to a lessee mooring permit, such
permit stickers shall be issued and affixed to the mooring
and boat in the same manner as provided for resident
permit stickers.
2. Section 32-39.4 (Moorings without a permit) is hereby added to
read as follows:
A. No person shall install or use a mooring in Town waters without
a mooring permit issued by the Board of Trustees of the Town
of Southold.
B. Any mooring without such a permit shall be removed upon
notice from the Southold Town Trustees or its designated-
age t, which notice shall be by written notice posted on the
mooring and .on any boat attached to said mooring.
C. If such mooring is not removed by the owner within thirty (30)
days after the posting of said, notice, the Southold Town
Trustees or its designated agent may direct the removal or
destruction of the mooring and the cost of said removal,
including storage charges for any boats attached thereto shall
attach to and shall become a lien upon said property, and said
property may be sold, upon direction of the court, at public
auction to defray said expenses, any surplus being returned to
the owner of record. The Town shall not be liable for any
damage. 'done to said mooring or any attached boat during its
removal, storage and sale.
-II. This. Local Law shall take effect upon its filing with the Secretary -of-
State.
* Underscore represents additions
36.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman .
Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution, was declared duly ADOPTED.
2 0 0. MARCH 22, '1994
37,- Moved by Councilman Townsend, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby retains the
services of Francis J. Yakaboski, Esq. to represent the Town in the
matter of Christopher Conners and William Conners v. Town of Southold
and Victor Lessard, at a rate of $135.00 per hour.
___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 Oliva, it was
RESOLVED that the Town Board of the Town of Southold directly retains
the services of Patrick A. Given, SRPA, of Given Associates,
Hauppauge, New York, Real Estate Appraisers and Consultants, to conduct
an appraisal on the Baxter Farm/Fort Corchaug, Tax Map
#1000-116-01-003, at a fee not to exceed $3,300.00.
38,`Dote 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 Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Barbara A. Rudder,- from the Suffolk County Department of Civil Service
Certification of Eligibles, to the ' position of Personnel Assistant,
effective March 9, 1994, at a salary of $27,597.60 per annum.
COUNCILWOMAN . HUSSIE: ., ,This is no raise in pay. It is no addition to the
work -force. It's .just an opportunity for someone who has done a lot of
work to have a higher title.
39.,-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 the resolutions, that were prepared
..and came our of our discussions today.. You've heard what the Board took
under consideration' today. What would you like to address the Board with
in five minutes or less? Can I start with the lady in the back?
LINDA FLETCHER: My name is Linda Fletcher, and I'm speaking in
concurrence with what Ann had say from the North Fork . Environmental
Council. - 1 think it was obvious here today, as it has in the past, that
there's a great deal of a lack of accord about this fast formula food
legislation, and owing . to that,. 1• really would like to urge you to consider
a moratorium, so that you can take the time to really hash this kind of
problem out. On Friday I handed out packets to each of the Board
.members, and on one side .of the packet was a whole thing about the use of
moratoria, and we provided a sample, that had been prepared by an
attorney, and I really' want to urge you, I don't want to urge you to
consider it, . l want to .urge you to it, because I think we need that in order
to make the best law we can, and with all of you not being clear about,
you, know, yourselves I think we need that time, and I think that time will
give us the protection we want. The video we provided for you shows you
that people, were standing in the halls at the Planning Board hearing to say
what they want for this town, and I, - also, think that there are many
people, who were in that audience last week, who were here Friday, who are
here today, who were here in the past year, and we supported you
. candidacy, because we wanted something for this town. We had a vision for
this town. We still have it. We felt you. held that vision; and we're asking
you to make that a realization now. Please, help us.
MARCH 22,.,. 1994
SUPERVISOR WICKHAM: Is there anybody on the Board, who would like to
address the issue of a moratorium?
COUNCILWOMAN' OLIVA: I .don't want to specifically address a moratorium,
because I haven't really checked into it very thoroughly. I don't believe
you can have a moratorium just on fast food restaurants. I have, also, a
problem. about a moratorium on business zones, because I don't know how
many applications are in the hopper right now, and I know a few years ago,
almost ten years ago, Joe can address it, there was a moratorium on some
business zones, and there were many applications in the hopper, and the
Town Board 'spent '.three-.quarters of it's time at the sessions addressing
waivers to that. My position, it's been a difficult decision, I know how
most of you feel. We are trying to do some really long term planning for
this town. . We can not just outlaw formula food restaurants, so try to find
the most legally.. defensible position we could take, and also, something that
would fit into the character of the town. It has been done in other towns,
that's why we have suggested that it would be allowed by Special Exception
in the Hamlet Business Zone. We are trying to develop our hamlets as the
core centers of our business areas. We want to attract businesses in there.
We want to attract people to come to those areas, to be able to walk around,
to see the shops, to . see the historical societies, etc., and if a fast food
restaurant is willing to come in the hamlet business area with the
restrictions we have put into it, that it must be architecturally similar to
what is in the hamlet, that it can not create a traffic problem, that if
in the Hamlet Business Zone. We are trying to develop our hamlets as the
core centers of our business areas. We want to attract businesses in there.
We want to attract people to come to those areas, to be able to walk around,
to see the shops, to see the historical societies, etc., and if a fast food
restaurant is willing to come in the hamlet business area with the
restrictions we have put into it, that it must be architecturally similar to
.what is in the hamlet, that it can not create a traffic problem, that if
more parking is required, they are going to have to provide it. In the
shopping centers themselves we only have to, we have tried to limit that,
also, that there would be just in that area, again, adequate parking.. They
had to fit into the architecture of that shopping center itself, and not
something else that would be garish, because we've seen that happen. So, I
think we've. tried very hard to work out something, that is in the long
range of planning of the town. I would just like to add, probably the next
step would be to look at these business areas to see what is in it, and see
if we like what is. in it, should we change of the things, and do a `broad
analysis of that, just as we've done with the Hamlet Density Zones. But, I
really believe this is about the best answer that we've been able to come
up, and it has not been an easy decision.
SUPERVISOR WICKHAM: . I guess the five minute rule ought to apply to the
Town Board, too. Are. there other people on the Board who want to
respond?
COUNCILMAN TOWNSEND:. My feeling is that we create a strong law, and
then if we go back to the drawing boards, put a moratorium in, and I'm
.fairly familiar with the provisions of a moratorium, and I'm not sure. . I
suppose if we did decide, threw up our hands, and say, we really have no
idea of how to ,create a law, put a moratorium in, and we know we're going
to do it, that would expire in six months, and then we'd be stuck with the
same position, because. I don't see much change of position here on this
Board. Certainly, I've thought about it long and hard, and compromised my
original position. 'You know, I consider myself an environmentalist, I
guess, but I'm also aware of the rights of property owners, and of the
future of our business district, and if you preclude something that is,
well, that - is part of the business, you know, of our culture as a formula
restaurant totally, I think you can do it, so I think you have to provide a
place for formula restaurants. We have restricted them traumatically. It's
not going to be an easy thing for. a formula restaurants, as you know it, to
exist in a hamlet center. I think that if we restricted it anymore, it
wouldn't stand . up. ' I've given it a lot of thought, and I don't think it
would be to the benefit of 'the town in a long run to not go forward with
202 MARCH '22, 1994
what we have. I know that most of you just don't want to see a formula
restaurants; any shape, size, and are looking for ways to eliminate that.
Unfortunately, we can not do that. The law we've come up with is
consistent with our goals, and so, that's why I'm going to continue to vote
to go ahead with it. I mean, obviously, there will be a hearing, and I'll
take that hearing process seriously. If something comes up, and it doesn't
look good, and we vote it down then, or then maybe we'll have a
moratorium, if it appeared as though, we were going to get somewhere. My
feeling is we probably won't end up with anything.
SUPERVISOR WICKHAM: Are there more comments from the audience? Yes,
sir?
JOE MELLENDER: My name is Joe Mellender from Mattituck, and I still
think you should do the moratorium, when some of you, your suggestion up
front, you seem to be undecided about a number of things, and still don't
have full knowledge of some of the consequences of a moratorium, so why
don't you consider a moratorium?. Look into it. Maybe, that's the only way
to really get a good substantial strong rule. I have one other comment, and
that concerns the choice of a home for the developmentally disabled. I find
that appalling, that any citizen, mentally retarded, or otherwisle, is denied
a place to live, just because somebody next door doesn't want them there,
and the Town Board went along with this, and are voting on another facility
someplace else. Unfair. UnAmerican, and unconstitutional.
SUPERVISOR WICKHAM: May I respond to that? I was one of those who
urged the creation of a committee, and it wasn't because we didn't wish to
have the home in our community. It was because we felt, and I'll speak for
myself, because 1 felt that the ADD Organization, that wants this house,
SUPERVISOR .WICKHAM: May I respond to that? I was one of those who.
urged the :creation of a committee, and it wasn't because we didn't wish to
have.the home An .our community. It was because we felt, and I'll speak for
myself, because 'I felt that the ADD Organization, that wants this house,
came in, and like pinning the tail on the donkey, basically pinpointed a
home with no- thoughtful inquiry, as to whether that was the best home, and
we accepted, I think. every member of this Board, accepted the
responsibility to have such a home somewhere in Southold Town, and
because ADD had .earlier identified Mattituck, as the preferred location, we
set the terms ,of reference for the search in the Mattituck area, not
exclusively, but we gave priority to that. Every member of this ' Board
accepted responsibility on behalf of the town, which is more than most towns
will do. To. have the home in our town, we have cooperated at every stage,
and we went out of ,our way in fact to try to find a better home for that
facility, that the one they first identified. I think we did it openly. I
:think. we did it with good criteria, and I think the location that we are
recommending, which may not be taken up, it's going to be decided by
ADD, not by us. We're just recommending.
JOE MELLENDER: Would you consider the same methods for a family
moving into Southold. If I wanted to buy a home, would you say to me, I
have a better location for -you? How can you do that?
SUPERVISOR WICKHAM: If I could respond to that. When a home for
mentally, disabled, or mentally retarded people, is to be established in the
town, there .is a very formalized legal system of steps, that are followed.
JOE MELLENDER: I'm familiar with it. The Haderman Law.
SUPERVISOR WICKHAM: That right, and the Town is obliged to respond to
them in a legal framework. We have certain steps that we are supposed to
follow. We are following those steps.
JOE MELLENDER: Your predecessor, Scott Harris, allowed homes to come
in. I don't think he did that process.
COUNCILMAN LIZEWSKI : Yes, they did.
L V
MARCH 22, 1994
JOE MELLENDER: Anyhow, despite the fact that you did it, it's still
wrong, and it's unconstitutional to go through the law, that the U.S.
Constitution, you're denying those people a right to choose a home.
SUPERVISOR WICKHAM: They still have the right to choose.
JOE MELLENDER: No, you're making a choice for them.
SUPERVISOR WICKHAM: No, we're recommending to the ADD.
JOE MELLENDER: No other family, and no other group of people would
have to go through that.
COUNCILMAN TOWNSEND: V I have to say, you know, I understand, and I
felt the same way. I felt that a group of people are coming in, because
they were scared what was going to happen in their community, and I felt
that, but the fact is, there is a law in this case, and they may well have
been right, even though that may not have been the motivation. This other
alternative appears to have more room. It appears to be more convenient. It
appears to be superior on several levels. I understand. The same thought
occurred to me, that the motivation behind this is not for the benefit of
the people, the developmentally disabled people, but more to the fear of the
community, . and I felt that perhaps if they really knew other communities
they wouldn't feel this way. But, none the less, I've gone along with this,
because it is a legal process, and I think 'that the people may end up being
benefitted. The developmentally disabled may end with a better home,
because there -did seem to be some lack of research involved here. But, I
understand where your coming from, and I agree.
- DENISE KING: My name is Denise King. ' I live on Greton Court. None of
us on Greton . Court are against the people, that want to move it, have
nothing against the mentally handicapped. What we feel that Mr. Rieb
sited one home. He knew about this in November. If he decided to come to
us, or initially came to us, and suggested what he wanted to do, and told
us what kind of people were- moving in'; and met the people, we would not
be so opposed. We found out about this in February. Within two days,
after us finding out about this, we ended up getting letters, and
newsletters, and correspondence from Mr. Rieb, .and his staff, stuck in
our doors, in our mailboxes, and our news boxes, and we didn't know what
-was going on, and he said that these are fine people. We agree with him,
as far as being fine people, but why does he feel as though, that he had to
sneak in, and basically that's what he did do, was sneak in, and wanted to
move in, and get it done, and over with. If he came to us, sat down with
us, and explained what he wanted to do, I think there would be less
:opposition. We believe there should be a house with mentally disabled, or
any kind of a group home, that is suggested, and what we are suggesting,
as a neighborhood, is something that is centrally located, and at least if
he has other houses, that he had looked at, we wouldn't be going like this.
That was our basic thing behind this. Thank you.
SUPERVISOR WICK.HAM: There's a comment.
TERRY SWEENEY: ..My name is Terry. Sweeney. I live on Greton
Court. I got a couple of things on what Denise King just said. We want
what's best for these people. We don't like the way this whole thing was
handled from the beginning. It was a middle of the night kind of thing.
SUPERVISOR WICKHAM: Are there additional comments from the audience?
2 0 4' MARCH - 2, 1994
PHIL VANBOURGONDIEN: Not a comment on that particular subject. I have
something else'. My •name is Phil VanBourgondien from Southold. Before I
tackle the . main part of my list, I would just like to mention that in
_ writing the law on the, placing of moorings, my observation has been, I'm
fortunate to live on the water, and my observation has been that there is
some moorings, that have been left in the creek, not used for the last two
years, and visiting boaters coming up the creek are catching them at night
in"`the propellers. The. man that had it there just disappeared, he and his
boat. I have no idea where he came from in the beginning. He had a boat
for several years. The last two summers the moorings have been sitting
there, and" I think one of them was taken away with the ice, so there's a
great big mushroom at the bottom doing nothing.
COUNCILWOMAN OLIVA: This is just what the Trustees wish to prevent.
They really want to know where the moorings are, and have an inventory,
and, also, because they really want to improve the quality of water in the
creeks. So, they want to know what kind of boats are mooring there, do
they have heads, all this kind of information. At least, it's like an
inventory, really, more than anything else.
PHIL VANBOURGONDEIN: My point of bringing this us was that how do
you go about making somebody pay for a mooring, that they paid to put it
down, now, two . years later they move away, and they just leave the
mooring there. Then it becomes the town's expense to remove that mooring.
Is there some. way you can have a deposit on hand, and so that when they
do 'decide they don't want it anymore, that their money is there. They
don't get it back until the mooring is removed.'
COUNCILWOMAN OLIVA: Very good point there. I'll give that on to the
Trustees.
PHIL VANBOURGONDEIN: That's just a thought that I had on, how do
you not get stuck with the cost of pulling these moorings all up, when
•people move away.
COUNCILWOMAN HUSSIE: The cost of the mooring is almost more than
enough compensation.
COUNCILMAN LIZEWSKI: A mooring anchor is about a hundred and fifty
bucks, and if they keep records on, they may change , that mooring to
somebody else. If they can record these things the way they want to, they'll
be able to transfer that mooring to somebody, who wants a mooring.
PHIL VANBOURGONDEIN: If they don't do that they leave it there, and
then the Town has to pull it, so then the Town becomes in the business of
selling used moorings. I • don't think you want want that either. I'd like
to compliment the Board on their accomplishments to date. I've been gone
for several months, .and I kept in touch with what's been going on, and I
compliment you all. I think you've been very active, and you've done a
very good job. This has been a bad winter, as you're all well aware. It's
going to costly from the standpoint of the Highway Department. Industry is
leaving Long Island. Grumman is going. We're going to have people. in the
town of Southold, that are going to be affected by that. They're going to
be moving. Some of .them have children. Our ta)t base is going to whittle
away, if we aren't careful. These are taxpayers, but there's an awful lot
of homes, and an awful lot of property for, sale, and I don't know if there's
that many buyers for it, and that brings me to the point that the taxes are
MARCH 22, 1994 2 O. 5
going to costly from the standpoint of the Highway Department. Industry is
leaving Long Island. . Grumman is going. We're going to have people in the
town of Southold, that are going, to be affected by that. They're going to
be moving. Some of them have .children. Our tax base is going to whittle
away, if we aren't .careful. These are taxpayers, but there's an awful lot
of homes,.. and an awful lot of property for sale, and I don't know if there's
that many buyers for it, and that brings me to the point that the taxes are
going to go up. School enrollment will decline, I think, eventually,
because of the workers for these .industries have children, and move away,
and go where they can get a job, and support their families. So, as long as
we're talking about increase in taxes, which is inevitable. Everything is
costing more. . The Town. gets involved in more and more things. I have a
couple of questions. I noticed, that while I was gone the Police Chief was
given a $10,000.00 raise in pay. Is there any contract with the Chief of
Police, that says that he should get a $10,000.00 increase in pay?
SUPERVISOR WICKHAM: Would you like us to respond to that? My
understanding was that this was a contractual requirement in that a person
junior to. the Chief got an increase that he was entitled, and the terms of
the contract call for the Chief getting an increase equal to, or greater,
than the increase of his Lieutenant. So contractually we were obligated to
do it, even though we serious reservations about it, and that's part of
State Law, - and it does raise the question of the suitability, of these laws,
and the contracts that govern the Police contract with the Town. They are
very serious questions, that have to be addressed, but the Town has
control over only 'part of.that.
PHIL VANBOURGONDIEN: So, from the Chief on down, that's all tied in
with the PBA contract?
SUPERVISOR WICKHAM: Yes, which in turn is fixed in part by State Law.
We will be looking at it, but the room for maneuver is limited.
PHIL VANBOURGONDIEN: My other question is, when does the PBA
contract come up for renewal?
SUPERVISOR WICKHAM: The end of this year.
PHIL VANBOURGONDIEN: And, when does the Town employees contract
come up for renewal?
TOWN CLERK TERRY: It's right now in negotiations. It expired December
31 st.
PHIL. VANBOURGONDIEN: The • other point that I would like to make
_ right now is, that I saw an ad in the paper you wanted to purchase six new
Police cars... Wasn't it in the last couple of months, six new Police cars?
TOWN CLERK TERRY: We didn't go to bid.
SUPERVISOR WICKHAM: There are' six cars in the Budget, and it is our
intent to buy six new'Police cars this year.
PHIL. VANBOURGONDIEN: Would you be able to tell me, what is the
lifetime of these Police cars in use as patrol cars, sector patrol cars?
TOWN CLERK TERRY: Two years.
PHIL VANBOURGONDIEN: The reason I ask these questions is, because
with the high tech engines that are in these big Fords, and the amount of
time that .these big engines are sitting idling, it's not unreal to get
150,000 to 175,000 miles out of these cars. In view of the fact that
they're not running very fast, or very often, they're idling most of the
time, I question whether it couldn't be a saving by using these cars longer?
see :no need to get rid of a car. I have no idea what the mileage is, but
it can't' be 40,000 to 50,000 miles a year. I doubt that very much.
COUNCILMAN LIZEWSKI.: They get a couple hundred thousand miles on
them before we let them go.
06 MARCH 22, 1944
PHIL VANBOURGONDIEN: In two years, a couple of thousand miles? I
don't believe that.
COUNCILMAN LIZEWSKI: In two years, a couple hundred thousand miles?
SUPERVISOR. WICKHAM: It's my understanding that at eighty or ninety
thousand miles ,in two years time is when the- Police Department would like to
retire them. It's for this .Board to examine that policy, and this Board
will.be examining that policy.
PHIL VANBOURGONDIEN: Congratulations. That's great.
SUPERVISOR WICKHAM: Where we come out on it I can't predict. What
we're doing this year is a result of Budget decisions, that were taken in
October and November of last year.
PHIL VANBOURGONDIEN: Okay, that's fine, because you know I think
it's a waste of money to take these cars out of circulation after two years.
That's just one of thoughts I had, and I'll also have something to say later
on -the' contracts, but I certainly think that. .my impression of an industry,_
when people get a raise in pay, it is because. of their performance. They
have performed over and above what they did before. Then they get a raise
in -pay. I don't see that happening in this sector here at all. I don't
think that that's going on particularly in the Police Department. I haven't
got any fault to find with the employees here in the Town Hall, but the
Police Department, they get. their raises. There's no increase in
productivity from the Chief on down.
LINTON DUELL: My name is Linton Duell, and I think we're going
to take a tripe from the sublime to ridiculous. The reason I'm here is, I'm
talking on behalf of myself, and three, or four other merchants. Joe
Townsend, Ruth Oliva, Mrs. Hussie, they've all heard me at one time
or another. My problem is with the yellow bags, the solid waste problem. I .
have no problem with the yellow bags. They work fine. My problem is with
the distribution of the bags to the merchants in the area. If you live in
Southold, and if drive down from say, the Southold Pharmacy to here, you
go to Mrs. Terry's. Office, you write out a check, you get a receipt, such
as this; and it takes about five minutes, and you have to get in your car,
or send one of your employees up to Cutchogue. When you get there,
assuming you already asked the town whether or not the bags are in stock,
you have to find, the one gentleman, who has the key to the trailer, so he
can unlock it, and you get your box of bags, so that you can bring them
back to your place of-work. Now, if you're in Southold, that's only maybe
only a fifteen or twenty minute operation. . If you live in Orient, , if you
own a gas station, Heather's, or myself, who own the Country Store, then
we're talking fifteen minutes up here, five or ten minutes by the time you
get .out of the town, then you drive up to Cutchogue. It's another ten
minutes, and then the question is, where is the man with the key? So, by
the time you've done this, not only have you driven close to probably forty
miles, or better, you've also wasted an hour of time. You may have had to
hire an employee to come in to handle it, or you may have sent somebody
else. Either way it's costing you money. The time involved and the
inconvenience of it is considerable. 'Now, right now we started in October
on the bag issue. We're coming into the summer season. Orient's population
will increase by 300%, and I assume the other hamlets will also see an
increase- in the number of people. If we can't get the bags, we aren't able
to get the bags' in a timely manner, than the bags won't be there, and it
won't be convenient for those people, who are looking for them. If I'm out,
I send them to the gas station. If they're out, they send them to me. If
we're , both .out, we send them to Greenport. Last week the IGA didn't
have them. . At one time Wash White's didn't have them. Van's is sometimes
out. The distribution of these bags is not going well. i_There has to be a
better system, and I think it's imperative, that this system be worked out
before summertime.
SUPERVISOR WICKHAM: Thank you. Would anyone on the Board, or here,
like to respond? Judy?
TOWN CLERK TERRY: I haven't had anyone else complain.
MARCH 22, 1994 20. 7
COUNCILWOMAN HUSSIE: Mr. Duell, you have spoken to me, Joe
.Townsend. Other people have spoken to me, and I'm not being flip, when
I ask you, do you have some sort of solution, because I can't think of any?
LINTON DUELL: I have a solution, but again, it's going to cost money
to the town. I think if you would keep apart all the grocers, and different
agencies, that are selling these bags, ,have an idea of how fast they go
through them, then on a Monday, or a Tuesday, or whatever day of the
week you want, we could call, and say, we're going to need a box of large,
or we're going to need a box of small, and then one person in town has the
responsibility to bring those boxes (tape change. )
SUPERVISOR WICKHAM: I think we understand the issue. Maybe we can
get together after the meeting, and get closer to a solution to that. Are
there other people in the audience, that would like to make a comment? The
lady in red at the door.
BARBARA KELLING: My name is Barbara Kelling from Laurel. I do a lot of
volunteer work for disabled people in Southold Town, and I want to commend
the Board for the incredible program, that "you run here, and I think you've
done a very, very fine job with this new proposed ADD house, but I do.
think that possibly in the future we do could do this a little bit better.
I think the committee has done a great job. I feel very badly, that there's
a complication. From what I hear, there's over three thousand homes for
sale in Southold Town, and that these people, who represent these disabled,
can't a solution, where we don't have confrontation, is sad. If you could
come to dances that Lynn runs, and see the cooperation between our senior
citizens, and these people, it's great. Southold Town has one of the best
programs, and I think that places like ADD do themselves a disservice when
they come, into a confrontational situation like this, and I think it could
be avoided, if they hadn't told the people; supposedly on the street, after
the fact, and if the town knows about it, before the fact, they could let
our residents know. I think everybody would work together, so - I just want
to thank you. I do think you're a wonderful advocate for the disabled.
SUPERVISOR WICKHAM: Thank you, Barbara. Yes, sir?
JOSEPH CIAMARICONE: I'm Joseph Ciamaricone. Pacific Street. In
reference to a- house picked up by, I believe, your Board members, or one
of your committees, I represent the homeowners on Pacific Street, and
Legion, right around corner, and we've got a few concerns that we'd like
answered. We had no idea this was happening. I have two small children
right next door to the house, that has been picked, and you know, there's
some concerns among everybody on the street what's going to happen. You
know, where's this . going to stop.• One is, the Building Department, your
Building Department says, they can squeeze up to thirteen people in that
house. I won't say who quoted me that, but it was told -to me yesterday.
Another 'concern is what if funding runs out for the house, and State, or
the company that owns, runs it as a halfway house for .criminals, you know,
as getting out of prison, or drug rehabilitation. I mean, we've got a quiet
street. ,We'd like to keep that way, and just that everything came to us as a
real slap in the face. We weren't forewarned, and we'd like to get involved
a little bit further in this.
SUPERVISOR WICKHAM: You have every right to•.be involved very closely
in. this. Let me ask..the director of this ADD to get in touch with you, and
if my office can be of any help, I.'d be very pleased to. We'll get
together, and have a clear understanding of what is, and is not, going to
happen, - because there are legitimate concerns. I think I understand them,
and you have every right, and your people have every right to know what's
happening, . and to be properly informed about it. I'll see that, that
happens quickly.
JOSEPH CIAMARICONE: Thank you. Can I stop by your office?
SUPERVISOR WICKHAM: Anytime. Yes, there's a question from the back.
FRANK .CARLIN: Frank Carlin. Just a brief questions on the Burger
King, and. I want to ask Councilwoman Ruth Oliva a question after that.
This I know for a fact, that last summer the high school children of
.Mattituck went into Burger King, and they requested to have three cokes.
208 MARCH 22, .1994
They gave them three cokes, and they would have had a lot more, if they
had requested it, but they didn't. They also sponsor Little League Baseball
teams. Did we ever hear of the Ronald McDonald Foundation, that supports
homeless, and sick children? So, all these fast food restaurants are all
not that bad. Okay. A. question to Councilwoman Olvia. Being that you
were on the Environmental Council, as a President, years back, you could
probably could answer. this question for me. I looked up in the Webster
dictionary to define what is a environmentalist. It said . to me, what I
thought it was going to say, a environmentalist is somebody is responsible
.to s'ee that we have clear water-, and fresh air. I 'haven't seen nothing in
there saying, how we should control where we put buildings, businesses,
how they should be built, or why they should be built. That told me'.
Maybe I'm wrong.. Maybe I'm wrong. I know 'a request was made by the
NFEC to Riverhead .Town Board proposing the stores that are going up on
north 58.
COUNCILWOMAN OLIVA: It doesn't have anything to do with me, Frank.
FRANK CARLIN: Oh, it's right. here. Maybe it's done by the North Fork
Environmental then. They're opposing that even down there.
COUNCILWOMAN OLIVA: What does that have to do with me?
FRANK CARLIN: No, but can you answer, or define, what is a
environmentalist? Is. it those two things, or is does it take in a broader
area? Maybe I'm wrong. Explain it.
COUNCILWOMAN OLIVA: I don't understand your question, because.
FRANK CARLIN: Yes, you do.
COUNCILWOMAN OLIVA: ' No, I don't, because are you asking me, am I an
environmentalist, or are you asking me for a definition? You looked up the
definition in the dictionary, so I think we have to go by what the
dictionary said. .
FRANK CARLIN: Okay, being one, can you agree with what I am saying?
COUNCILWOMAN OLIVA: They are here to prevent the environment that
surrounds you, and that also includes, and that also includes buildings,
too. It depends upon where buildings are placed, where the water is
coming from, where the wastes are going. It's all part of the environment.
FRANK CARLIN: I think, and I'II, finish this, I think back in the
Stewardship .Task Force Committee meeting was held back in last December in
Southold High School. I think an environmentalist stood there, and said,
and think this answers this in a nutshell for me, that we want to be in
control of how Southold Town is developed. Is this how we're going to have
to live in the future? The people won't have anything to say.
SUPERVISOR WICKHAM: Thank you, Frank. Is there any other comments
from the audience?
FRANK CARLIN: Next time, Tom, do me a favor though. Be a
gentleman. When I call you on a. Monday, please, I know I'm probably
nobody to you, but don't wait until Thursday to call me, and that when I do
get a chance to speak to you, you speak to me for two minutes, and then
you cut me off, because you've got another phone call.
SUPERVISOR WI.CKHAM: Frank, I'll take longer next time. Are there
comments from the floor? Yes, sir?
CHARLES NINTZEL: My name. is Charles Nintzel. I'm from Mattituck.
I really feel silly standing here now, after the seriousness of the thing.
I would like more or less on one account to know what is the definition of
Town waters?
COUNCILWOMAN OLIVA: Town waters? Are you referring to. .
CHARLES NINTZEL: I'm talking about mooring.
MARCH 22, 1994 209
COUNCILWOMAN OLIVA: All the creeks, twenty-two creeks in town.
CHARLES NINTZEL: It's just creeks?
COUNCILWOMAN OLIVA: Just the creeks. The Trustees only have
jurisdiction over the Town bottoms, which are basically the creeks in town,
and. Hallock's Bay. We don't go into the Sound, and not in the bay.
CHARLES NINTZEL: Okay. Another minor thing, I may have missed it,
but on resolution 38, I'm not so sure I heard that, that was on the the
Town Board about giving the associate. Was that passed?
SUPERVISOR WICKHAM: Yes. If that's all the comments from the audience,
I'm open to a motion of adjournment. (No response. )
— c. t
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 6:15
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�er
Southold Town Clerk