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HomeMy WebLinkAboutTB-04/19/1994 248 SOUTHOLD TOWN BOARD APRIL 19, 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. 9:05 A.M.' - Donald Grim and Sandy Friemann met with the Town Board to present , their proposal to sponsor a car-show swap-meet during the summer of 1995. They envision people showing vintage cars,. antique cars and cars which they have invested time and money for show-type rallies. They also see it as an opportunity to have parts for these cars available for sale or swap. , They propose to use the property presently owned by Jim Gray, Sr. on the northeast corner of, CR 48 and Cox Lane, Cutchogue. Mr. Grim and Mr. Friemann were directed to consult with the Board. of.. Appeals, as. this is not a permit the Town Board can issue, and would most likely require the approval of the ZBA. 9:15 A.M. Daniel Karpen, Professional Engineer and Consultant, met with the Town Board 'to review. his proposal to make a- grant application to the New York State Energy Office under a new grant program called "Not-For-Profit Energy Incentive Program". After a thorough discussion of Mr. Karpen's proposal, a resolution (no.. 22) was placed on the agenda to engage Mr. Karpen's services to submit grants for the Town Hall, Human Resource Center, and Police Headquarters. 9:55 A.M. - The Board reviewed the new draft of "Waste Watch", a proposed informational mailing concerning the collection center, bags, recycling, etc:` Solid Waste Coordinator James Bunchuck joined the Board at this time to discuss the upcoming publication being prepared by Recycling Coordinator Mary Jackson. There were a few changes to the format, and the Board made it clear that they would like to review the scope of the newsletter before production. They also agreed there should be a proposed budget for this type of publicity for the remainder of the year. 10:15 A.M. - The Board discussed the recent modified changes to the text of the feasibility study for the Fishers Island Metal Dump, as prepared by Fagan Engineers. The Board reviewed the recommended scenario which would be consultation with the DEC to arrive at a negotiated agreement which would satisfy the state's concerns regarding potential contamination of groundwater while relieving the Town of the responsibility of long-term groundwater monitoring. This would require a " series of meetings between the DEC, the Town of Southold and Fagan Engineers to determine the minimum scope of work acceptable to the state and town. Supervisor Wickham made a call to Fagan Engineers and they agreed to assist the ..'Town in the negotiations with .the DEC at a fee not to exceed $1 ,000 (see resolution no. 20) . 10:35 A.M. - Councilwoman Hussie distributed copies of the draft bid documents for .Solid Waste Haul and Disposal Services, prepared by Councilwoman Hussie and Solid Waste Task Force- members Bill Cremers and Jack Romeril.---Discussed the proposed permanent transfer station at the Disposal Area. Supervisor Wickham said he has .spoken to Tony ,Conetta of DEB and he will prepare an optimal plan.---Councilwoman Hussie asked the Town Board to consider banning grass and agricultural` waste from being disposed of free of charge. The DEC forbids composting grass. The Board agreed and a proposed Local Law was drafted by the Town. Attorney and placed on the agenda for a hearing (see resolution no. 23) . Supervisor Wickham asked that the question of agricultural waste be addressed by the Agricultural Advisory Committee.---Councilwoman Hussie asked the Board's permission for the installation of a vending machine at the Disposal Area for dispensing Town garbage bags. A local businessman will supply the machine, and charge a few cents over the current wholesale charge for the service. Board agreed. APRIL 19, 1994 2 4 9" 11 :05 A.M. - Councilwoman Oliva asked the Town Board to consider a ban from burning in open barrels. The Town has an ordinance in the Code which permits burn- ing` .in a wire covered receptacle. The Suffolk County Sanitary Code prohibits burning, and that supersedes the Town Code. The State law states that townships with a population. of. less than 20,000 may burn. Solid Waste Coordinator Bunchuck stated that the 'State '.law, is being amended to permit burning of only vegetative and wood. The Board agreed that the SWM Task Force would prepare a policy and publicity to discourage burning. , 11 :40 A.M. - Town Clerk Terry " asked the Board for permission to distribute the Historic Sites Maps and 350th Celebration Journals to the historical societies free of charge. There are over 3,000 maps and 500 journals, and only about 15 of each are sold during the year. The Board agreed to the distribution, and councilwoman Hussie agreed to deliver a supply to each historical society, and to the two tourist information booths. The Town Clerk will prepare a survey of other.historical items for the Board's consideration.---The Board again discussed offering medical benefits to the' Town Trustees, Planning Board and Board of Appeals, provided they pay the premium. Councilman Lizewski opposes the proposal, and will not support it. Justice Evans and Councilwomen Hussie and Oliva suggested the Board obtain an opinion from Lawrence Healthcare concerning a requirement for a medical examination.---The Board reviewed five policies suggested for reaffirmation (see .resolution no. 21) . 12:15 P.M. - Recess for lunch. 2:00 P.M. - Work Session reconvened and the Board placed resolution no. 24 on the agenda to designate .Councilwoman Oliva to serve on the Board of Town Trustees' Shellfish Advisory -Committee.---The Board set 3:00 P.M. , Tuesday, April 26th for Interviews of applicants for the two vacancies on the Landmark Preservation Commission. EXECUTIVE SESSION 2:05 P.M*, - On motion of Councilwoman Hussie, seconded by . Supervisor Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney" Dowd. The Board discussed personnel and litigation. Resolutions 25 through 30, .to appoint individuals to various "positions, were placed on -the Regular Meeting agenda. 3:50 P.M. - The Town Board met with Thomas Samuels, Chairman of the Stewardship Task Force, and Consultant Jennifer Miller, who assisted the Task Force with the Hamlet Meetings. Supervisor Wickham outlined his proposal for handling the various recommendations of' the Task Force. He proposed that each recommendation be taken up by a Board committee prior to consideration at a regular Town Board meeting. He will submit a schedule by which the resolutions will be taken up by a combination of the Planning and Zoning Committee, Code Review Committee, and specially called work sessions.. He would like expressions of interest from Town Board members to chair .the work sessions on those recommendations of particular interest to them. The recommendation should then be referred to the Town Board for discussion and consideration, with an accompanying endorsement or comment; Code changes must be accompanied by a brief statement of intent.---Supervisor Wickham suggested that the Town Board consider the adoption of certain policies to deal with certain STF recommendations. One policy would be ."to promote and encourage new development to take place in and around the hamlet centers of the Town," and the other "to maintain Route 48 largely as an express route to expedite the movement of large numbers of vehicles through the Town on a safe and efficient manner and through an area with attractive landscapes." He would like to discuss those policies at the May 3rd meeting.---At this point, Jennifer Miller reviewed her summary report of the April 9th Hamlet Meetings, along with the final accounting of expenditures. Tom Samuels submitted a proposal to further engage the services of Jennifer R. Miller Associates to supply administrative support, ongoing public outreach assistance, and preparation of a comprehensive written summary of the public comments solicited during the Hamlet Meetings and throughout the process. He said the STF has their hands full from now until the expiration of their term on June 2nd putting " together the remainder of their recommendations to the Town Board, and would benefit greatly from Ms." Miller's services (see resolution no. 31) . 4:10 P.M. - Town Board reviewed the resolutions to be voted on at the 4:30 P.M. Regular Meeting. 4:20 P.M. - Work Session "adjourned. 2 5. 0 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on April 19, 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 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: We have program of thirty-four resolutions tonight. We have three public hearings starting at 5:00 o'clock, and we in front of us the normal parts of a meeting. Let's begin with the audit of the bills, today's bills. Moved b.y Councilwoman- Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Fund bills in the amount of $109,183,22; General Fund Part Town. bills in the amount of $69,883.52; Nutrition Fund bills in the amount of $5;170.84; SNAP Program bills in the amount of $3,748.26; EISEP Program, bills .in the amount of $400.60; Community Development Fund bills in the amount of $4,500.00; Highway Fund Whole Town bills in the amount of $35,079.53; Highway Fund Part Town bills in the amount of $44,450.86; Employee Health Benefit Plan bills in the amount of $5,488.09; Fishers Island Ferry District bills in the amount of $22,176.78; Refuse 8 Garbage District bills:; in the amount of $18,804.63; Southold Wastewater District bills in the amount of $18,155.33; Fishers Island Sewer District bills in the amount of $114.66; Southold Agency 8 Trust bills in the amount of $3,224.80; Fishers Island Ferry District bills in the amount of $486.10. 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've had circulated to us the minutes of the April 5th Town Board meeting. Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the minutes of the April 5, 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: The Board has the opportunity to schedule the next regular meeting of the Board. 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, May . 3, 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. I. REPORTS. 1 . Lawrence . Healthcare CSEA Monthly Benefit Report for March, 1994. 2. Lawrence Healthcare PBA Monthly Benefit Report for March, 1994. APRI L 19, 1994 251 3. Summer Showcase Concert Series for 1994. 4. Southold Town Dog Shelter Monthly Report for March, 1994. 5. . Southold Town Board of Trustees Monthly Report for March, 1994. 6. Southold. Town Justice Price's Monthly Report for March, 1994. 7. Southold Town Police Department's Monthly Report for March, 1994. 8. Southold Town Scavenger Waste Treatment Facility Monthly Report for March, .1994. 9. Supervisor's Monthly Budget Report for March, 1994. 10. Southold Town Planning Board Monthly Report for March, 1994. 11. PUBLIC NOTICES. 1. Corp of' Army Engineers, New York District, appl? -`on of Old Cove Yacht Club to reconstruct a non-functional fixed pier to provide adequate mooring facilities. Project located in Great Peconic Bay, New Suffolk, Town of Southold, Suffolk County, New York. Comments to be received by May 4, 1994. III. COMMUNICATIONS. IV. PUBLIC HEARINGS. 1. 5:00 P.M., a proposed "Local Law in Relation of Sidewalks". 2.. 5:05 P.M.,, a proposed "Local Law in Relation to Salvaging Centers". 3. 5:10 P.M., a proposed "Local Law in Relation to Recyclables". V. RESOLUTIONS. SUPERVISOR WICKHAM: We'll move now towards the resolutions for today. There are a series of resolutions, and the people who attend our meetings have the opportunity to speak at this time towards the resolutions. I think .you have copies of, the agenda. There are thirty-four resolutions. If anyone wishes, to address the Board on any issue about these thirty-four resolutions we'd be pleased to hear from you for a maximum of five minutes per person, per issue. Are there anyone who would like to address the Board on any issue? Yes, Mr. Flynn? F. M. FLYNN: I'm F. M. Flynn. I'm a resident of the town, and I welcome this opportunity, and publicly disclose on Resolution 14, with the .respect to the adoption of a proposed law in effect providing for review by one .State agency. That's rather indefinite. I'd like to know what State agency it is, , whether it's an existing agency, or a proposed agency? Further consolidating this in the hands of one agency, does that further remove the citizenry from participation in this process? -COUNCILWOMAN OLIVA: 1 don't think so, Frank. This was brought to us from the Long Island Sound Coastal Management Task Force Committee, and they have just. .what they 'want to do is simplify the permitting process, so that you just don't have to go through six different agencies. If they would coordinate it, so that your permit would be under one agency. F. -M. FLYNN: The question, that I'm asking is, it doesn't define the _ agency. There's an existing agency. Is it a proposed agency? COUNCILWOMAN OLIVA: Yes, it's C.Z.M:, Coastal Zoning Management. This. is an act to amend the executive law to provide for a simplified consistency review for State agency actions in the coastal area to achieve a. balance development, and preservation, that will permit the beneficial use of coastal and inland waterway resources, while preventing the loss of living marine resources, and wildlife. Diminution of open space areas are a public access to the waterfront, shoreline erosion, and impairment of water quality, scenic beauty, or permanent reverse changes to the ecological systems. To enhance and facilitate public, and when appropriate, provide access to- the coast for recreational purposes, recreation, and navigation. Section 913 of the executors is amended by a new subdivision 8 to reads as follows. Test, forth the, manner in which the coastal policies apply to the distinct coastal areas surrounding each of the coastal waters of the State. It also. adds, State. agency or agencies having jurisdiction over such identified actions shall insure that the conduct of such actions meets the established standards and criteria. All other actions shall be reviewed for consistency by the agency undertaking such action. I would assume it 252 APRIL 19, 1994 would be the lead agency. The agency making the determination of consistency shall not approve the proposed action if it is not consistent with the policies and purposes of this article or may impose such conditions as are necessary to ensure that the action is carried out in accordance, .with such policies and purposes. Any conditions so imposed shall be incorporated as part of any approval, permit or funding action. If the agency making the determination of consistency finds a failure to comply with the consistency determination or any conditions imposed thereunder, the 'agency shall ,investigate such suspected violation and shall thereafter .take appropriate. enforcement action or . request the Attorney General to institute an action to enjoin such violation, to recover any damage therefore, and to require remediation if practicable. Notice of .violations shall be promptly reported to the secretary, upon the issuance of a notice of violation. Actions as used in this subdivision shall mean projects, activities, or other actions directly undertaken by any agency; projects or activities supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding, or *agency approvals of projects, or activities, involving the issuance of a lease, permit, license, certificate or other entitlement, that is likely to require. the preparation of an environmental impact statement pursuant to Article Eight of the Environmental Conservation Law, or would otherwise affect the achievement of the policies of this article. F. M. FLYNN: Perhaps I'm being obtuse, but I still haven't heard the name of the agency. COUNCILWOMAN OLIVA: It would be the Department of State, the Coastal Management Program. This was recommended by the Department of State, their Coastal Management plan. F. M. FLYNN: That's more or less what 1 wanted to find out. COUNCILWOMAN OLIVA: The whole purpose, there's a program called Long Island Coastal Management Program, and what they're trying to do on simple things "is try to coordinate all the different agencies involved, so that it doesn't take ten years to get a permit through, and yet they still want to retain the environmental concerns in that permit, that all these conditions are met. F. M. FLYNN: All I'm saying really is with respect to the Department of State. ' I've had enough dealings with them to know that they're very remote from reality locally, and further, that they are at all similar to the DEC, they're not going to take any interest whatsoever what goes on locally. COUNCILWOMAN OLIVA: Just to answer, I think they're taking more and more of an interest. I mean, hopefully this year we will finally finish the Local Waterfront Revitalization Program, and this works hand and glove with the Long Island Coastal Management Program. What they're really trying to do is to get local communities to enact things that will protect their coastlines, protect the marine resources, while allowing water dependent uses, and more public access to the bays, and the sound, or the ocean, whatever it is, and they're holding out that carrot for funding then to help people get this access, or to repair waterfronts, or to improve water quality. So, they're asking you, do something locally, but in return if you do that, there will be some funding available to help us out. F. M. FLYNN: Thank you very much. SUPERVISOR WICKHAM: Are there any other questions pertaining to the resolutions before us? Yes, Frank? FRANK CARLIN: Frank Carlin, Laurel. Item six on the Town Board thing, what do you mean by standard workday? I never knew elected officials had..a standard workday. SUPERVISOR WICKHAM: You never knew what? FRANK CARLIN: That elected officials have a standard workday. What do mean? How many hours? What are you talking about? APRIL 19, 1994 253 SUPERVISOR WICKHAM: For purposes of the. New York State Retirement System, the contributions to that retirement system, and the ultimate payout from it, are dependent upon- how much goes into it, and whether a person qualifies as a full-time, or a part-time, and so everybody who's contributions that go into it have to categorized, as to how full-time a person they are. That's what this resolution is about. FRANK CARLIN: Item number 10, 150,000 square yards of course for the Highway Department. I thought last meeting you had the same thing on there. The %last Town Board meeting there was 150,000 yards, because I questioned it at.that time. TOWN CLERK TERRY: Was that to go to bid, Frank? This is to accept the bid. FRANK CARLIN: Oh, I'm sorry. Item 12, is that the same thing on the spreaders? TOWN CLERK TERRY: Yes. , FRANK CARLIN: I'm off today. Item 13, is that the same thing with the snow fence? SUPERVISOR WICKHAM: Right. FRANK CARLIN: I'm batting 100 today. Thank you. I'm batting zero. SUPERVISOR WICKHAM: Any other, comments from the audience before we go into the resolutions? I'd like to just point out, on your agendas you'll see before the resolutions, there are a series of some sixteen items for discussion. They were all taken up during our work session today. It ended a little after four, and they're shown on the back page, the order of business, the manner and the organization by which they were taken up, and a number of the resolutions came out of the Work Session, and the items in that order of business. So, with no further ado, would someone on the Board like to begin the resolutions? 1 .- Moved by Councilwoman Hussie,. seconded by Supervisor Wickham, WHEREAS, the Town Board of the Town of the Town of Southold has employed certain Home Health Aides to work at the Human Resources Center; and WHEREAS, the aforesaid Home Health Aides either refused the job before commencing work, left for another job and did not submit a resignation, or has had no contact with the Human Resource Center for approximately a year; and . WHEREAS, the Town -of. Southold is forced to carry these individuals on the payroll roster, even though they have not earned any wages, and.wishes to remove them from the payroll roster; now, there, be it -RESOLVED that the Town Board hereby terminates the employment of Amy Miller (didn't want the job; found other work), Kim Sakowitz (didn't want the job, found other work), Russell Pasqualina (resigned, found other work, unable to obtain a letter of resignation), and Lynne Webb (the Human Resource Center has not heard from her in approximately a year). 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 Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Deputy Town Clerk Elizabeth Neville and Town Historian Antonia Booth to attend a Records Management Workshop on "Appraisal of Archival Records:; from 9:00 A.M. to 4:00 P.M., on Wednesday, May 25, 1994, at. Holbrook, New York, and the necessary expenses for travel and meal shall be a legal charge to the Town Clerk's and Town. Historian 1994 Budget. 2.-Vote of .the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2 5 4 APRIL 19, 1994 3.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Keating as a part-time Gate Attendant at the Southold Town Disposal Area, effective immediately, at a salary of $6.50 per hour. 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 Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that• the Town Board of the Town of Southold, in accordance with the agreement entered into on October 7, 1993 between the Town of Southold and Roy A. Schelin, North Fork Sanitation Service, hereby exercises its option to extend the agreement for a period of three (3) 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 Roy A. Schelin, North Fork Sanitation Service, notifying him of the Town's intentions. 4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. S.-Moved by Councilman Townsend, 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 resumes for a Clerk for spring Tax Collection season - for the office of the Receiver of Taxes, at a salary of $6.35 per hour. 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 Councilwoman Oliva, seconded by Councilwoman Hussie, BE IT RESOLVED, that the Town Board of the Town of Southold be and hereby establishes the. following as a standard workday for elected and appointed officials per requirement of the New York State Employees' Retirement System: ELECTED OFFICIALS 6 hours per day Councilman Councilman and Fishers Island Justice Justices Receiver of Taxes Trustees 7 hours per day Town Clerk Supervisor Assessors 8 hours per day Superintendent of Highways APPOINTED OFFICIALS 6 .hours per day Members of the Zoning Board of Appeals Members of the Planning Board 7 hours per day Historian Town Attorney Secretary to the Town Attorney Secretary to the Supervisor Senior Accountant 8 hours per day Assistant Superintendent of Highways BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees' Retirement System for calculation of retirement benefits; and BE IT FURTHER . RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State 'Employees' Retirement System. APRI L 19, 1994 2 5 5 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 Councilman Lizewski, seconded by Supervisor Wickham, WHEREAS, the Town Board of the Town of Southold has established a standard workday for elected and appointed officials to meet the accounting requirements- of the New York - State Employees' Retirement System for calculation .of retirement benefits; and WHEREAS, the Town Board of the Town of Southold has reviewed sample records of official activities . for the various elected and appointed officials of the Town of Southold to determine the number of days to be reported to the New York State Employees` Retirement System; and WHEREAS, payrolls for employees of the Town of Southold, including elected and appointed officials, are processed on a biweekly basis; now, therefore BE IT RESOLVED, that the Town Board of the Town of Southold be and hereby establishes the following days to be reported on a biweekly .basis for elected and appointed officials to the New York State Employees' Retirement System: Assessors 10.00 days Receiver of Taxes 3.00 days Superintendent of Highways 10.00 days Supervisor 10.00 days Town Clerk 10.00 days Councilmen 5.00 days Councilman and Fishers Island Justice 8.00 days Justices 4.75 da;01s Trustees 4.50 days Historian 4.50 days Members of the Planning Board 2.00 days Members of the Zoning Board of Appeals 2.00 days BE IT FURTHER RESOLVED, that, since several records of activities exceed the foregoing days to be reported, the number of days to be reported. on a biweekly basis for the following elected and appointed officials only be and hereby is established: Councilwoman Alice 'Hussie 10.00 days Councilwoman Ruth Oliva 10.00 days ,Justice Frederick Tedeschi 10.00 days Planning Board Member Richard Ward 3.00 days Planning Board Member Bennett Orlowski 3.00 days Zoning Board Member Gerard Geohringer 4.00 days BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees' Retirement System. 7;-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman 'Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 8,-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. softball tournament T-shirts: To: Revenues: B2705 .Gifts & Donations $ 699.00 Appropriations: B3157.4 Juvenile Aide Bureaus, Contractual Expenses $ 699.00 8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 9,-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the. Town Clerk to advertise for bids for food for the Nutrition Center for the remainder of 1994, all in accordance with the bid specifications. 256 APRIL 19, 1994 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 Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby accept's the bid of Thos. H. Gannon and Sons, Inc., Middle Island, N. Y., at $1.20 per square yard, for the application of 150,000 square yards (more .- or- less as ;may be needed) of Latex Modified Pavement Course (Micro-surfacing) for the Southold Town ' Highway Department, all in accordance with .the bid specifications.. 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 Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute the 1994 Community -Development Block Grant Program Agreement between the County of Suffolk and the Town of' Southold, all in accordance with the approval of the Town Attorney. 11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: That resolution provides $231,000.00 of support for . various arranged different activities, that were heard at a public hearing last fall. 12.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Advanced Equipment Inc., Medford, N.Y. , for supplying the Southold Town . Highway Department with two (2) Swenson Material Spreaders Model EV 200-CS in ten foot length - $7,827.00, and twelve foot length - $8,372.00, all in accordance with the bid specifications. 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 Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid .of Chemung Supply Corporation Elvira N.Y.., for supplying the Southold Town Highway Department with 10,000 linear feet of Snow Fence (more or less as may be needed) at $48.97 per 100 ft. roll, and 500 T-Posts (more or less as may be needed) at $2.58 per post, all in accordance with the bid specifications. 13.-Vote'. of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, WHEREAS, the Town Board finds that the Town of Southold, surrounded on three sides by waterfront, has an enormous economic and environmental stake in the protection and viability of its coastal waterfront; and WHEREAS, the Town Board recognizes that permits for coastal activities often involve the jurisdiction of a number of different local, state and federal agencies; and WHEREAS, the Town Board favors the streamlining of the coastal review of federal and state agencies by the consolidation of these reviews into one state agency; and WHEREAS, a bill has been introduced in the State Legislature as S.4558, ,to wit: "AN ACT to amend the executive law, in relation to providing for simplified consistency review of state agency actions in the coastal areas"; and APRIL 19, 1994 .2 5 7 WHEREAS, the Town Board of the Town of Southold requests adoption of this proposed law; now, therefore, be it RESOLVED that the Town Board of the Town of Southold requests adoption of the proposed law to amend the executive law to provide for a simplified, unified review by one state agency of proposed coastal area activities; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is directed to transmit a certified copy of this resolution to the New York State Senatorial',, representatives for Long Island: Senator Kenneth P. LaValle, Senator Jamess, J. Lack, Senator. Caesar Trunz.o, Senator Owen H. Johnson, Senator Ralph J. Marino, and Senator Norman J. Levy. 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 Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board -of the Town of Southold hereby accepts the proposal of. NYNEX for an updated lease agreement for the Enhanced 911 Public Safety Answering Point telephone . answering equipment at Southold Town Police Headquarters; said lease agreement for a period of 60 months, at stabilized reduced monthly rate of $1,580.00, plus the monthly trunking network charge; and be it FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is authorized and directed to execute the new lease agreement, 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 Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1994 . Budget to appropriate lunch donations from April 9, 1994 Stewardship Task Force hamlet meetings: Revenues: A2705 Gifts & Donations $ 773.00 Appropriations: A1010.4 Town Board, Contractual .Expenses $ 773.00 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Irene Raico permanently as an EISEP Aide (Expanded In-Home Services for the Elderly Program), 17-1/2 hours per week, at a salary of $5.50 per hour, effective immediately. 17.-Vote of the Town Board: . Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski; Supervisor Wickham. This resolution was duly ADOPTED. 18.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an amendment of the agreement between the Suffolk County Youth Bureau, Town of Southold, and Family Service League, Inc. to include a Work Experience Participation clause pursuant to Suffolk County Local Law No. 15-1993, whereby all contractors/subcontractors of Suffolk County must agree to be 'work sites for public assistance clients of the county; said agreement to be executed in accordance with the approval of the Town Attorney. 18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman' Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 258 APRIL 19, 1994 19.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Susan Hallock as a temporary Stenographer for the Board of Assessment Review, effective. May 17, 1994, at a salary of $7.61 per hour. 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 Supervisor Wickham, seconded by Justice Evans, it was RESOLVED . that the Town Board. of the Town of Southold hereby authorizes payment, not to exceed $1,000, to Fagan Engineers, to assist the Town in negotiations with the New York State Department of Environmental Conservation for the Fishers Island Metal Dump. 20.- 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: It's now five o'clock, and we'll recess the resolutions for awhile, while we undertake three hearings. RESOLVED by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that a recess be called at this time, 5:00 P. M., for the purpose of holding public hearings. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. RECONVENED AT 5:25 P.M. SUPERVISOR WICKHAM: The hearings are closed, and we can resume our deliberations . with the resolutions. We're up to number 21 . The Town Board has a series of policies, that are part of the policies of the Board, and every year we normally reaffirm, or reconsider those policies. Today we are reaffirming five of those policies. All of them are reaffirmations, .with no changes- from last year. 21 .- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms the following policies: POLICY WITH RESPECT TO PURCHASE ORDERS . RESOLVED that the Town Board of the Town of Southold hereby deems that all items to be purchased by any Town Department must be documented on a Purchase Order which must be signed by the Department Head and the Town Supervisor before the order may be placed for said item(s). POLICY ON PREPARATION OF BID SPECIFICATIONS WHEREAS, the Town of Southold solicits bids to acquire certain goods and services; and WHEREAS, the Town must provide appropriate specification to accompany the invitations to bid; now, therefore, be it RESOLVED that it is the policy of the. Town Board of the Town of Southold that the Town Engineer, Superintendent of Highways, Town Clerk, or. any other appropriate Town official may prepare bid specifications for those cases in which said Town official has the expertise; and be it FURTHER RESOLVED that if additional expertise is required to prepare said specifications, an outside party may be consulted in preparing the specifications, in which case that party will provide the Town in writing, in advance; with the cost of providing said services. In the event that party is also a- bidder, the Town will pay the cost of preparing the specifications irrespective of whether or not the party is subsequently awarded the bid. POLICY WITH RESPECT TO BID SPECIFICATIONS RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to issue,. free of charge, plans and specification for bids, upon 'the request of Dodge Reports, Melville, New York, and Brown's Letters, ' Babylon, New York, or any other interested bid service, and to mail same if requested. APRIL 19; 1994 2 59 POLICY WITH RESPECT TO LOAN OF ENVIRONMENTAL IMPACT STATEMENT RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Clerk, Planning Board, Board of Appeals, and the Town Trustees to loan extra copies. of Environmental Impact Statements to the public for a twenty-four (24) hour period per individual, provided they submit a $25.00 deposit for this privilege; said deposit to .be returned when the EIS is returned in good condition. POLICY WITH RESPECT TO THE AVAILABILITY OF PUBLIC WATER SUPPLY RESOLVED. that the Town Board of the Town of Southold hereby establishes the policy .that the availability of public water supply will not be used by the Town Board as the sole jurisdiction for granting a change of zone application which would .result in increased density.. 21 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22.- Moved by Councilman Townsend, seconded by Supervisor Wickham, WHEREAS, the Town Board of the Town of Southold believes that substantial savings in electricity costs can be achieved in three Town-operated buildings; and WHEREAS, . Daniel -Karpen Professional Engineer & Consultant, P.C.has offered his services in assisting the Town in achieving these savings; and WHEREAS, the Town is eligible for New York State Energy Office grant funds under a new grant program called "Not-For-Profit Energy Incentive Program", to offset a portion of the expenditure necessary to achieve the savings, and Daniel Karpen will assist the Town in applying for said funds; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal .of Daniel Karpen Professional Engineer is Consultant, P.C., dated January 14, 1994, and authorizes Supervisor Wickham to enter into a contract with said firm to provide consulting services to the Town of Southold to achieve energy savings in Town Hall, the Human Resource Center, and Police Headquarters, at a fee of $1,500.00 per building, plus an engineering fee of 15 percent of the selected work and any extra or additional work that may be necessary to complete the installations. 22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. ,This resolution was duly ADOPTED. 23.- Moved by Councilwoman Hussie, seconded by Councilman Lizewski, WHEREAS, there has been presented to the Town Board of the Town of Southold a -proposed Local law entitled, "A Local Law in Relation to Grass Clippings"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 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 Grass Clippings BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 48 (Garbage, Rubbish and Refuse) of the. Code of the Town of Southold is hereby amended as follows: 1. Section 48-413(1 ) is hereby amended to read as follows: (1 ) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves. and grass -e*ppings. II. This Local Law shall take effect upon its filing with the Secretary of State: * Overstrike represents deletions. COUNCILWOMAN HUSSIE: I'd like to do a little bit of explanation here. We discussed at the Board earlier. We're coming into the grass clipping season, and the DEC will not allow us to keep grass clippings at any point on our Landfill. We can -not mix them in with grass, the leaves or anything else. So, they have to be shipped out, just like the rest of the garbage. We are therefore going to amend the Law, that includes in the items, that people must pay three and a half cents a pound for, grass clippings. I will take this time, also, to do a little urging that you leave your grass clippings on the lawn, because it's good for your lawn, and it's good for your pocketbook. 260 APRIL 1.9, 1994 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 Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby designates Councilwoman Ruth D. Oliva to be the Town Board representative on the Board of Southold Town Trustees Shellfish Committee. COUNCILWOMAN. HUSSIE: The public probably wonders what we're doing here. Supervisor Wickham was. late for his meeting this afternoon, and so, we used that rule of if you're not here to defend yourself, we'll appoint you to something. He was appointed to the Shellfish Committee originally. 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman , Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. .25.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Steven F. Sacher as Assistant Cook for the Southold Town Nutrition Program, 35 hours per week, at a salary of $8.02 per hour, effective immediately. 25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 26.-Moved by Councilman Townsend, seconded by Councilwoman'Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as members of the Southold Town Land Preservation Committee, they to serve in said positions without compensation: Michael L. Croteau, effective immediately to July 3, 1994 Joseph M. Gold, effective immediately to July 3, 1995 26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, . Supervisor Wickham. This resolution was duly ADOPTED. 27.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lucia Farrell as a part-time Clerk Typist for the Board of Appeals, effective immediately, 17-1/2 hours per week, at a salary of $6.82 per hour. 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 Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Jane . Roussseau as a part-time Clerk Typist for the Justice Court, to replace Clerk Typist Theresa Zimnoski while she is on sick leave recuperating from surgery, effective April 20, 1994 through June 6, 1994, 17-1/2 hours per week, at a salary of $6.82 per hour; and be it FURTHER RESOLVED that the Town Board amends their resolution- no. 31, adopted on November 9, 1993, appointing Ms. Rousseau as a temporary Clerk Typist for the Justice Court while an employee was on maternity leave, to indicate that the salary be subject to the appropriate increase in this entry . level, effective January 1, . 1994, when the 1994-95 CSEA contract becomes effective. 28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Claire M. Hunter as a Clerk Typist in the Building Department, from the APRIL 19, 1994 261 Suffolk County Department of Civil Services Certification of Eligibles, effective May 9, 1994, at a salary. of $21,152.37 per annum. 29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was .RESOLVED that the Town Board of the Town of Southold hereby appoints Aaron Avent as a Laborer for the, Department of Public Works, effective immediately, at a salary of $12.18 per hour. 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, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Jennifer R. Miller Associates,. at a cost not to exceed $2,500, plus approximately $1,000 in necessary out-of-pocket expenses, to supply administrative support, . ongoing public outreach assistance, and to prepare a comprehensive written summary of the public comments solicited during the Hamlet Meetings and throughout this process. 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: Now, we have the three hearings, that we heard testimony from today. Does the Board wish to move ahead on any of those topics, that we heard about? Vibuld you like to wait awhile? COUNCILWOMAN HUSSIE: Is there any opportunity to amend the Salvaging definition? SUPERVISOR WICKHAM: I 'don't think we should do that now. That's a good reason to hold it. ' Therefore do you wish to hold it? It would affect both of those. The proposal from ;Alice is to hold off on the recycling, and the salvaging, and give some thought to what you want to do. COUNCILMAN TOWNSEND: I'm not totally comfortable with this sidewalk thing. SUPERVISOR WICKHAM: Let's do one at a time. Are we prepared to hold off, and not act on that tonight, the other two? TOWN CLERK TERRY: The sidewalks comes first on your agenda. . COUNCILMAN TOWNSEND: You want to do the one that comes on the agenda? TOWN CLERK TERRY: Yes. SUPERVISOR WICKHAM: Since Alice raised it, let's do it. I'd like to hold off on it myself. COUNCILMAN TOWNSEND: ' I'll . go with it, but if the majority wants to hold off, I won't vote on it. I think what the problem would be with the second one is that .municipal recycling is specified in the first one. If you don't have anything on the books, then it's not a substantial change. However, it would be good, something on the books, then it would .be a substantial change. SUPERVISOR WICKHAM: What is it that you'd like to change, Alice. a fairly fundamental thing, or just a minor thing? COUNCILWOMAN HUSSIE: It is a phrase in the definition of .a recycling center, salvage center rather, which says exclusive" of municipal recycables. I have been saying this for quite some time, as you all know. It seems ridiculous to cause us to write a law, that forces us to spend money in this case that we're doing here. 262 APRIL 19, 1994 SUPERVISOR WICKHAM: I would like the Board to put this on it's agenda for two weeks from today, and deal with it at that time, and it seems to me that, that issue is at the heart of both those resolutions, so let's pass over them today, and go on to the sidewalks. How would the Board like to proceed with that? COUNCILMAN TOWNSEND: I would like to discuss it a little more, because I do have a problem with the penalty, no penalty, and so forth. I know that we discussed it before, but we turned 180 on this thing from the first time we dealt with it back in whenever it was in January, but I mean, the gentleman made the same point, that I was making about the plow, and everything; and if there's no. way`. there's an exception based on, you know, snow plows, and things like .that, where it's impossible to shovel your walk I have problem with it. SUPERVISOR WICKHAM: On the other hand, as someone else pointed out, there are really no sanctions written into this law. COUNCILMAN TOWNSEND: That's what I mean. SUPERVISOR WICKHAM: So, it seems both people had a point, but in a sense both points permit us to go forward with it, if we want to. COUNCILMAN LIZEWSKI: Pd' like to say that the intent of the sidewalk law, when it first came to this Board, it had a fine on it for not shoveling your sidewalks, .and being .a rural community, and having many, many areas of land space without actual houses on them, that had sidewalks on them, the penalty for not doing this just didn't seem to fit in my eyes the intent of what we wanted to do, basically was to switch the liability from the town to the homeowner insurance-wise, so putting a penalty on this and making this an enforced law for not shoveling your sidewalks, and not cleaning up the debris about it in some areas wasn't very fitting, because there are areas that didn't have houses, and there are sidewalks that aren't really used an awful lot in our town. So, I was one of the people, who asked not to have a fine put on it, if you didn't shovel sidewalks, because there were people, who go to Florida, there are people, who have land, that this would have something to do with it, didn't actually live here, so my feeling was, if you're going to stay rural, it's still rural, and the law that was originally proposed actually fit the city ,better than it fit the rural areas. The other thing was, it was a very difficult law to actually carry out. I mean, if somebody wanted to say that you didn't plow your sidewalk, and your neighbor didn't like you, then you'd be penalized, but other people who got along together, and decided not to plow the sidewalks, nobody moved on it, nobody walked on it, there would probably need to penalize anybody, so the enforcement of the law was a difficult thing for me to grasp, because it just didn't fit the entire town, so my' ability was really what I thought was the intent of the law. The other thing is, that the time limit you had. .there was a time limit when you had plow the snow in front of your walk, which I thought was. .it just didn't serve as well as a rural community. SUPERVISOR WICKHAM: I sounds to me like the best thing would be for the Town to remove sidewalks. COUNCILMAN LIZEWSKI : There was also a liability. If you plowed your sidewalk, and you were told to do so,' and someone fell on your sidewalk, you would probably be sued because you didn't do your sidewalk right. If you didn't plow your sidewalk, you'd be fined by the town, but under God's Law, you didn't. do anything, because you didn't plow the sidewalk. If,somebody fell, you probably would be able to be sued to the same extent if you did plow it, and left some ice there, so the liability question of plowing your sidewalk, and what would happen, bothered me. SUPERVISOR WICKHAM: So, you're prepared to move ahead with it? COUNCILMAN LIZEWSKI: As it is. FRANK CARLIN: How about handicapped people, Tom, that can't get out there? Are they going to have to pay a fine, because they can't shovel their snow? APRIL 19, 1994 63 SUPERVISOR WICKHAM: There are a lot of handicapped, elderly, perhaps very . young people, and they'll just have to make arrangements as any other person would have to. 32.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 5th day of April, 1994, a Local Law entitled,"A Local Law in Relation to Sidewalks"; and WHEREAS, the Town Board held a public hearing on this Local Law on the 19th day of April, 1994, at which time all interested persons were given an opportunity to. be heard thereon; now, therefore, .be it RESOLVED .that..the Town Board hereby enacts Local Law No. 5 - 1994, which reads as follows: LOCAL LAW NO. 5 - 1994 A Local Law in Relation to Sidewalks BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 80 (Sidewalks) of the Code of the Town of Southold is hereby added to read as follows: 1 . Section 80-1 ( intent) is hereby 'added to read as follows: It is the intent of the Town Board to place the responsibility of keeping sidewalks clean with the property owners adjacent to the sidewalk. 2. Section 80-2, (Snow and Ice Removal; general maintenance) is hereby added to read as follows: Each owner or occupant of any house or other building, and any owner or person entitled to possession of any vacant lot, and any person having charge of -any church or any public building in the-Town' shall, during the winter season or during the time snow shall continue on the ground, keep the sidewalk in front of the lot or house free from obstruction by snow or ° ice and icy conditions, and shall at all times keep the sidewalks in a clean condition, free from filth, dirt, weeds or other obstructions or encumbrances. 11. This Local Law shall take effect upon , its, filing with the Secretary of State. * Underline indicates addition(s) 32.-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 concludes our resolutions for today. It looks Like there are a number of people in the audience, who have issues, and topics that are important, and that the Board would like to be open to hearing. The floor is open. We're asking that comments to the Board on any matter of interest be limited to five minutes per person, please. DAVID CORWIN: My name is David Corwin, and I'd like to read a letter to the Town Board, and present it to the Clerk, if I may? April 19th, Southold Town Board. Ladies and Gentlemen. Today I arranged my schedule specifically to be able to attend the afternoon Work Session of the Town Board. The afternoon Work Session began at approximately 2:00 P.M. While this was one half hour later then the time listed in your Order of Business, your tardiness was not a surprise to me. I have attended two or three after Work sessions, which always start later than your printed Order, of Business. As soon as the Work Session started I was thrown out of the meeting room with the explanation that you where going into Executive Session. I was told that the open meeting would resume at 2:45. New York State Open Meetings Law states that an Executive Session must be voted upon and that the general areas of subjects to be considered must be identified in the motion. This procedure was not followed. Your printed Order of Business does not include a period -for Executive Session until 3:15. 1 resent being thrown out of what was listed as an open meeting. This administration had promised that affairs where to be conducted in the open. Today's example and other events that I have observed make me question whether this administration can claim to be anymore open ' than previous administrations. Very truly your, David Corwin. COUNCILWOMAN OLIVA: Dave, when you came in we had started some other business, and then we were finished with that, and we decided to go 264 APRIL 19, 1994 immediately into Executive Session to get those items of personnel over with, and it was explicitly stated that these were for reasons of personnel. The vote was taken by Town Clerk Terry, and we. went into Executive Session on those personnel matters. Nothing else besides personnel matters, and litigation, was discussed. DAVID CORWIN: The vote wasn't taken until I was dismissed from the room, and on your agenda it says 3:15 Executive Session. That's when you should have -done your Executive Session. If you wanted to do it at 1 :30, you should, have put Executive Session. I wouldn't have showed up when I did, and wasted, an afternoon. That's my rights. COUNCILWOMAN OLIVA: I'm not saying you're not right in your objections, but sometime things happen, that things are moved up forward. They don't take as much time, and we're just not going to sit here, and do nothing. We just happened to recess at that time. I do apologize for your inconvenience. You are correct in saying that. DAVID CORW I N: I'm interested in what goes on. I was the only person here, and I made the effort to come out. SUPERVISOR WICKHAM: I'd like to address this briefly. Personnel items are frequently, legitimately, undertaken An Executive Session. What we should have done was to reorganize the agenda, as we usually do do, to put the personnel lasts, so that it comes just before the other Executive Session. . The other Executive Session listed there has to do with litigation, etc., that is the other reason. So, if the personnel had been last, which it normally, is, then that might have been all included as Executive Session. We'll do that next time. COUNCILMAN TOWNSEND: I'd like to make a statement. I think, also, we have an unfortunate. . and Ruth,, .you think you're being cute, but I think that, you, know, some people take it seriously. You know, it's something where -we said, get out. of. the room now,' get out of" the 'room now. I felt that at the time, and I'm sorry that you were treated that way, so you have my personal apology. SUPERVISOR WICKHAM: Any other comments? CATHERINE TSOUNIS SIOLAS: My name is Catherine Tsounis Siolas, and I am filing a Notice of Objection in regard to the following. I received papers Sunday night stating the Town of Southold is an agency, and that my zoning of HD is going to be upzoned to R-Zoning. Let me state ' exactly what was on the papers. The project name is JohnG. Siolas and Catherine Tsounis, 825 Daisy Road, Mattituck, N.Y. Property located on the south side of Route 48, 805 feet east of Chapel Lane, Greenport, containing 1 .2 acres. My objection is this. The Town Board's motion to change the zoning of Hamlet Density should not be passed in regard to my property. I am going to read exactly what I wrote, and have given to every member of the Board. I strongly disagree with the planned upzoning of my property to a Low Density Residential R-80 District. We purchased this property in 1985, when it was being zoned for Hamlet Density. We are paying a 10 year mortgage of $20,000 on this property. The interest I have .paid on the 10 year land mortgage amounts to $80,000. This rezoning will decrease the value of my property by 500 and cause a major loss of $100,000 to my property. We believe strongly that a property's zoning should not be changed after a long period of time. The Hamlet Density. of this' property was in the Master Plan of Southold plan since the 801s. The upzoning of my property will put me into a financial hardship. I will lose 1/2 of the value of my property in one shot. By taking away the value of my property, you are taking away my property rights as an American citizen. . The rights of the middle class property owner must be protected in Southold Town, regardless of changes in political philosophies or administrations. This letter will be sent, in addition, to Governor Mario Cuomo,_ Kenneth P. LaValle, Congressman George J. Hockbuckner, County Executive Robert Gaffney, Assemblywoman Patricial L. Acampora, and County Legislator Gregory J. Blass. I would like to conclude my presentation with the following ideas.' On Thursday, April 7th, the Traveler-Watchman wrote an article about this HD Zoning, which I was not aware of, because I'm too busy working to pay for my mortgages. It stated, re-zoning on this 1 .2 acre APRIL 19, 1994 265 property was approved in an informal decision five to one by the Town Council. My honest opinion is, my fate is sealed. Everything has been pre-determined by the Town Council. Why am I here? I am here to fight on principal, to prevent the victimization of other small property owners, and I need the help of the free American press of mass media, and State, and',County politicians, who are our only hope to prevent to help the survival of .the small middle class property owner in Southold Town. Thank you. SUPERVISOR WICKHAM: Thank you. I, as Supervisor, and I think other members of the Board, would be quite happy to talk with you, if you wanted to come in at some stage, and visit with us, and explain your point of view to us. I'm going to respond' at this time. I don't know that other Board members are to the specifics of the issue, why we got into it. I would just like to clarify, that the Board has not taken a decision on any of these rezonings yet. Yours is not the only property. There's a number of them, that the Board is considering.- The five to one vote, that you referred to, was not a vote of the Town Board to do that. The meeting, that the newspaper referred to was a decision of the Board to go ahead, and consider this, and to proceed along the track, and the various steps that are required. There's still many steps in front of us, and if this ultimately does come for a public hearing, you'll have every opportunity to make a comment. CATHERINE TSOUNIS SIOLAS: Excuse me. My mother, who is the Vice-President would like to make a comment. SUPERVISOR WICKHAM: May I finish, 'please? When you'll have every opportunity to make your voice heard in a public hearing, if this does come to a public hearing at that time. CLEO TSOUNIS: Cleo Tsounis. I'm her mother. I received mail. I don't get a chance to read the newspaper. My husband may have read it. He didn't notice it. I received a letter the other day. As soon as she came out, I gave it to her. Why didn't we get a letter ahead of time notifying us, that there would be a change? Why after it was done? This is what I couldn't understand. We did not receive a letter before. A letter should have been sent before, so that we could have had a chance, not after you do something, then you send a letter? That is not right. I'm sorry. SUPERVISOR WICKHAM: I would like to very briefly say, that nothing has been done yet, and until very recently it wasn't even clear whether the Board had .the 'will to proceed this far with it. So,> I think we've acted in a timely fashion to inform people, and not to inform people of things that are not going to happen. So, are there other comments? FRANK CARLIN: Frank Carlin from Laurel. Tonight I'm going to try to make this as short as possible. I have three questions, and one food for thought. Question number one, do you need a permit in Southold Town to picket or demnostrate? TOWN CLERK TERRY: I don't know who would issue it, but I would say, no. SUPERVISOR WICKHAM: We're not *aware it. FRANK CARLIN: You mean to say with all the Ordinance, Zoning Codes, and stuff, you don't have a law, that will prevent. You mean to say I can take. fifty people, and stand out here. TOWN ATTORNEY DOWD: It's freedom of speech. FRANK CARLIN: Without a permit? JUSTICE EVANS: It's on pubic property. COUNCILWOMAN HUSSIE: You can't nail a sign, but you can certainly carry one. 266 APRIL 19, 1994 FRANK CARLIN: How come the Union only allow two people to walk? That's against constitutional rights, right? You have to follow your constitutional rights to be able to walk, right? To picket, right? JUSTICE EVANS: On public property. FRANK CARLIN: Public property, not on private property. How about State property? JUSTICE EVANS: It's public property. FRANK CARLIN,: ' Okay, I have a question for Judge Evans, and a question for Joe Townsend. I went through my files the other day, and like to bring up my files on alll the elected officials in this town. I've been doing it for years. I've got records on all elected officials in this town. You want to know anything you just call Frank Carlin. If I . don't know it, I'll find out, but there's a few things I want to make sure that we have correct in my files. I understand you are a licensed real estate broker? JUSTICE EVANS: Yes. FRANK CARLIN: Do you still practice? JUSTICE EVANS: I am a broker. My husband is a salesman. He does most of the business, but I am the one that holds the license. Yes. FRANK CARLIN: - But, you still get involved with real estate? JUSTICE EVANS: Yes. FRANK CARLIN: And Joe, you're on Peconic Land Trust, right? COUNCILMAN TOWNSEND: Yes. FRANK CARLIN: A member of the Board of Directors? COUNCILMAN TOWNSEND: Right. For your information I just tended my resignation, and they wanted me to stay on, so they had a quorum until they could replace me, and I think they've done that. FRANK CARLIN: Okay, and then my food for thought is, this is going to, be a funny one here. I'll try not to laugh at it. When Jean Cochran was Councilwoman I attended many of the Board meetings, and we a couple of times crossed wires, but when she seen me on the street she always says, hello to me, and when she's at bingo, she always says, hello to my wife. But, anyway, a Police matter came up, she always abstained her vote, and you know it took me awhile to, why does she abstain our votes for on a Police matter, you know? So, one day it dawned on me. I know why. It's a conflict of interest. Her husband, and her son, is on the Police Department. Her vote would be a conflict of interest, so I respected her .for knowing that, for having that knowledge of doing that. You know what I'm saying? I, also, because you know a conflict of interest, you know, it can drift very easily before you know it, and you don't realize you're into it, if things happen. But, while I'm on the subject of Jean Cochran; I'd like to give her some credit. I always give credit, when it's due, especially this time of year. I look across from my home, and I see the Little League baseball kids playing baseball there. They're starting to practice now. There are two fields there, and they're out there playing baseball at night. They'll be playing for two months. I look at that, and then I see that the families, and the women, they bring their children there to play on the swings, and the monkey bars, and the slides. To me that's nice. That's fabulous. I think she was responsible for that, while she was a Councilwoman, and I give her a lot of credit for that, and to me that means progress, when people can enjoy things like that. COUNCILMAN TOWNSEND: Frank, I hold Jean in great regard as well, however,. you're getting to the, point that the reason I have a conflict of interest, is that what you're getting to? 67 APRIL 19, 1994. Z FRANK CARLIN: I didn't say that. COUNCILMAN TOWNSEND: Maybe we can cut to the chase here. FRANK CARLIN: I didn't say that. I'll leave that up your judgement, but I didn't say that. COUNCILMAN TOWNSEND: I'll be happy to address it. FRANK CARLIN: Well, go ahead and address it,. if you want to, but I didn't say anything. COUNCILMAN TOWNSEND: Do you want me to address it? Is that why you mentioned it? FRANK CARLIN: Go ahead. COUNCILMAN TOWNSEND: I think that as a policy I would probably not vote on contracts that the Town might have with the Land Trust,. if I would address it. That is a judgement call, however, I think that one of the. .in Land Trust, in general, they encourage membership on the Board of Directors . of people involved in local government, because this is ,generally seen as something that is good for community, and where no,one's property rights are jeopardized, and, you know, everybody usually benefits. Because of the work load, I'm resigning from the Land Trust, not because I perceive a conflict, and ' I hope I didn't give you a wrong impression, but because of the work load, and the time it takes to get over there, and the frequency of the meetings, and so forth. That's why I'm resigning. I'm very proud of my involvement with the Land Trust. I felt that it was augmented, my role in town, and in town government before this, and so I'd like to just put that on the record in response to your question. FRANK CARLIN: I appreciate you doing that, Joe. JUSTICE EVANS:. I'd like to respond about the real estate broker. I have no problem with voting real estate matters, when I am just a real estate broker over on Fishers Island. I do not deal in real estate in any of the other hamlets in Southold, and I don't feel that I've made any decisions so far where I've been in conflict. FRANK CARLIN: Judge Evans, I didn't say that I've been accusing anybody of anything. 1 did not accuse anybody. JUSTICE EVANS: I'm just making it clear for the record. FRANK CARLIN: I was just asking a question. I had ,.two more questions. If- I hit the wrong spot, I can't help that, but I didn't accuse anybody. I want to be on the record of not accusing anybody of anything, but I do know, if you're involved in something, and you're an elected official, again, I'm not accusing anybody of anything, but as far as ulterior, or conflict of interest goes, if you're involved in something like say, Tom was a landscaper. He owns a nursery, and a resolution came up here to supply grass, and shrubs for the Town Hall, he could never vote on that, because it's a conflict interest. SUPERVISOR WICKHAM: Thank you, Frank. Keep track of things. FRANK CARLIN: You want anything, Tom? Believe me, I'm not kidding, when I say I got records of everything you want to know about in this town in files from way, way back. Just call me. If I don't have, I'll found out who does. SUPERVISOR WICKHAM: Glad to know that. Are there any other comments from the audience? . GERTRUDE KOOP: I can be guilty of flippant remarks once in chile. Now that Mr. Carlin has it clarified . that people can picket on public property, I sure hope they don't picket tonight, because the property isn't insured. My insurance covers my property, not yours, so I hope they are aware, and are careful when they walk down my sidewalk. I have a 2 6 V APRIL 19, 1994 question to ask, and I ask Tom to bear with me. I preface it, by asking if I were to open a business, I would be required to provide sufficient off street parking for that business. Am I correct? I refer to the Nutrition Center in Mattituck on Pacific and Sound Avenue, and I would invite any of you to drive that corner between 11 :30 and 1 :00 o'clock, and ask you, what you are doing for the Town to comply with the Town Law of off-street parking? As a matter of fact, from the corner of Westphalia Avenue across from Doctor Bergmann!s office all the way down to that corner of Pacific Street, up all the way along the side of Pacific Street sometimes. on both sides of the street, the seniors park while they go to lunch. There's enough of a crest on Pacific Street', that you cannot see oncoming traffic. With their parking there it reduces the width of that street to, many times, one car width. It's a hazard in driving. It's a hazard to the seniors,, who are walking across to the Nutrition Center. What is being' done? I've already spoken to Tom. SUPERVISOR WICKHAM: We've heard this from several people. I'm sure it is a problem, and I'll have to look into the progress of that. I have spoken to a couple of people to do something about it, but I haven't seen any results yet. GERTRUDE KOOP: Otherwise, somebody's going to get hurt, and it sure not going to be my insurance. SUPERVISOR WICKHAM: Thank you, Mrs. Koop. Yes, sir? PHILIP VANBOURGONDIEN: Phil VanBourgondien, Southold. I'd just like to make mention of the fact that Ms. Hussie talked about the clippings, and the newest mowers today are all mulching mowers, and it would be well. advised for the public, if they're buying a mower, to make sure that they get the new models, which is with the mulching. Mulching is also, mulching of the clippings is advocated by Cornell, and Suffolk County Cooperative Extension Service. They advocate that completely; because it fertilizes the lawn the cheapest way possible. The other thing I'd like to bring to your attention is that Mr. Townsend of the Long. Island Business News, and also, Bud Schwenk, formerly Republican County Leader, have both written in numerous local publications around the island lately, that the County, the Town, the villages, the officials of the County, Town, and villages, should take a greater interest in the-' school tax, and the school board situations. We're being taxed heavily, because sixty to seventy per cent of our County property tax is school tax, and it's run. away with costs, and that there's been some work done. I know the Town of Babylon has gotten together with the school boards in the Town of Babylon, and they have gotten together to do blacktopping, surfacing, and so on. It's cut the cost considerably for the school. In return it reduces the amount of millions that they want to increase every year, and so, these gentlemen are both encouraging that everybody in official capacities get more involved in the school districts. The last thing I would like to say is, sitting down here tonight it's a pleasure to see the Board so nicely dressed. The ladies in skirts, and blouse, or dresses, and the gentlemen with jackets and ties. It is a pleasure to look up here, and see you nicely dressed. Thank you. SUPERVISOR WICKHAM: That's a nice note to end on, but if there are additional comments, we would be pleased to hear them, too. (No response. ) Are there comments from the Board, or are we open to a motion to adjourn? I hear a motion to adjourn. Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting be and hereby adjourned at 6:10 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. AuTerry Southold Town Clerk