HomeMy WebLinkAboutTB-07/12/1994 394
SOUTHOLD TOWN BOARD
JULY 12, 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 P. Dowd.
9:15 A.M. - The Board helot a brief discussion with regard to code enforcement, and
will invite the Police Chief and Building Inspectors to the July 26th work session.
9:30 A.M. - Daniel Karpen, Professional Engineer and Consultant, met with the Board
to discuss the various energy conservation projects for Town Hall, Police Headquarters
and the Human Resource Center. The credentials of two of the bidders from the June-
3rd bid opening, Avey Electric, Inc. and. Efficiency Contractor, have been verified
by the Supervisor's Office, therefore a resolution (no. 23) was placed on the agenda
to execute a contract with them. The next resolution placed on the agenda (no. 24)
was to authorize the Supervisor to execute a grant application for the Southold Town
Hall electric light project. Following that a resolution (no. 25) was placed on the .
agenda to accept bids for additional energy conservation projects at Town Hall and
Police Headquarters as a result of a July 6th bid opening. Lastly a resolution (no.
26) was placed on the agenda to go to bid for a new HVAC system at the Human
Resource Center. At the conclusion of his presentation Mr. Karpen discussed possible
energy conservation measures at the Recreation building and Highway Department
garages.---Councilwoman. Hussie voiced her objection that the Board is moving too fast;'
they are expected to digest the information too quickly.---The Town Board agreed they
would meet another time with Mr. Karpen to discuss the Recreation building and
Highway Department garages.
10:35 A.M. - Solid Waste Coordinator James Bunchuck met with the Board to again
discuss his proposal to rent a portable Trommel screen from the Town of Huntington
for the purpose of screening leaf mulch (resolution no. 27), and then selling the leaf.
mulch (resolution no. 28) .------Discussed the proposal of Fagan Engineers to prepare
the technical specifications for the Fishers Island Metal Dump. During the course of
the day Justice Evans contacted Fagan and clarified several points, and finally .a
resolution (no. 34) was placed on the agenda to authorize the preparation of the -
specifications and environmental review procedure.
11 :05 A.M. .- Planning and Zoning Issues: Discussed the creation of a YMCA Site
Assistance Committee, appointment of members, and charge to the committee (resolution .
no. 29) .------Reviewed, item by item, certain issues on signage and illumination which
the Code Review Committee did not come to a clear consensus on at their meetings
of June 21st, June 30th, and July 5th.------The Board again discussed the proposed
"Local Law in Relation to Bed and Breakfast Facilites". Councilman Lizewski said no
to minor bed and breakfast facilities; Councilwoman Hussie said one neighbor should
be able to stop a B&B; Councilman Townsend said should only be permitted if physically
suitable. The Town Board will address this issue again on July 26th.-- --Dis-
cussed the Stewardship Task Force Recommendations. Councilwoman Hussie suggeste
that each Board member read the report and categorize as follows: policy issues,
action issues, legislative issues, and funding issues. It was agreed the Town Boar '
would deal with .the policy issues, and delegate the technical implementation to the
Planning and IZoning Committee.------Business Study: Thomas Conoscenti, Economic,
Analysis Group of the Center for Regional Policy Studies at the State University at
Stony Brook, who will be conducting the Business Survey, along with David Grubman,
Summer Intern, whb will assist with the study, met with the Board to discuss suggested
questions the survey should address as developed by Supervisor Wickham.
1 :15 P.M. - Recess for lunch.
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• .J;ULY 12, 1994 395
2:30 P.M. Work Session reconvened, and the Board discussed Policy and Finance
Issues: Discussed..-proposed "Local Law in Relation to Burning" which would delete the
chapter from the . Code in its entirety. . Town Attorney ' Dowd was asked to redraft
deleting only reference to outdoor burning of rubbish and wastepaper. Will be on the
July 26th, agenda.- ----Letter from the Greenport softball league asking the Town to
pay their' light bill from the Recreation Fund. Councilman Lizewski will ask Recreation
Supervisor Reeves to see if this can be part of the Town program.
2:45 P.M. - Personnel Issues: Set July 18th to interview applicants for the part-time
Clerk Typist position in the Recreation Department and temporary Clerk Typist position
in the office of the Town Trustees-------Agreed to the appointment of Thomas F.
Madigan to the. Land Preservation Committee (resolution no. 31) .------Selected members
`.for the Committee on Local Taxes (resolution no. 32) -------Discussed the Agricultural
Committee. The terms of certain members expire on August 11th. Supervisor Wickham
will meet' with Chairman Robert VanBourgondien and go over their agenda, and report
back on July 26th.•
3:00 P.M. - Councilwoman Hussie presented an item for discussion concerning the
elements for inclusion in a feasibility study regarding electricity alternatives for
Southold Town. The Town of Southold needs to conduct a study of the options for
electricity uses in the Town. These options are necessary in order to stabilize and
reduce the costs of living and doing, business in Southold Town. Inasmuch as the Town
of Southampton is currently conducting a feasibility study, and will receive the report
in August, the majority of the Town Board members wished to wait for that report
before moving forward.
3:20 P.M. - Mary Jackson met with the Town Board to outline a project whereby the
North Fork Audubon Society will adopt Inlet Pond Park, a Suffolk County park,
bounded by Town of Southold property, and accessed through Village of Greenport
property. Through an agreement between the County and Village, access will be
provided across Village property, the County of Suffolk provide equipment to clean up
the County and Town property, and the Town is being asked to accept the debris
'Without charge at the Disposal Area. The Town Board agreed to support the proposal,
:and placed a resolution (no. 3X on the agenda to accept the debris without charge.
3:55 P.M. - The Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
EXECUTIVE SESSION
4:05 P.M. - On motion of Councilman Townsend, seconded by Councilwoman Oliva, it
was Resolved that the Town Board enter into Executive Session. Vote of the Town
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 matters, and the
possible purchase of property.
4:20 P.M. - Work Session adjourned.
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396
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held .on July 12,
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: For those people, who are with us today, I guess
you have a . copy of our agenda,. and, the last page there was an order of
business that began. early this morning until a few minutes ago, that were
all of the discussion items, and they're all listed during the time that we
took them up. These items ;for discussion are now complete. Some of them
are incorporated as resolutions, that we'll be considering and adopting
most of them this afternoon: We have looked at the audit of bills dated
July 12. Would anyone want to move their adoption?
Moved by Councilwoman Oliva', seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $67,858.37; General Fund Part
Town bills in the amount of $15,710.06; Nutrition Fund bills in the amount
of $3,865.34; SNAP Program bills in the amount of $1,425.98; EISEP
Program bills in the amount of $74.56; Community Development Fund bills in
the amount of $3,100.00; Highway Fund Whole Town bills in the amount of
$7,702.96; Highway Fund Part Town bills in the amount of $10,882.00;
Employee. Health Benefit Plan - bills in the amount of $19,653.48; Fishers
Island Ferry District bills in the amount of $56,956.49; Southold Shore
Road' Improvement District bills in 'the amount of $122.50; Refuse E Garbage
District bills in the amount of $49,691 .72; Southold Wastewater District
bills in the amount of $1,044.00; Southold Agency 8 Trust bills in the
amount of $5,456.98; Fishers Island Ferry District Agency 8 Trust bills in
the amount of $710.39.
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: The Town Clerk has forwarded to us the minutes
of the June 28th meeting. Anyone want to move them?
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that .the minutes of the June 28, 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: I move the next Town Board meeting.
Moved by Supervisor Wickham, seconded by Justice Evans, it was
RESOLVED that the next regular meeting of the Southold Town Board will
be at 7:30 P.M., Tuesday, July. 26, 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.
s
JULY 12, 1994 397
h
SUPERVISOR WICKHAM: Following through on the agenda, we have several
reports, that are available to the Board, some Public Notices, and a series
of discussion items, that we went over during the day.
I . REPORTS.
1 . Southold Town Building Inspector's Monthly Report for June, 1994.
2. Southold Town Program for the Disabled Monthly Report for June,
1994.
!3. Southold Town Office of the Engineer Monthly Report for June,
1994.
4. Southold Town Scavenger Waste Treatment Facility Monthly Report
for June, 1994.
5'. Southold Town Justice Tedeschi's Monthly Report for June, 1994.
6. Southold Town Clerk's Monthly Report for June, 1194.
7. Southold Town Justice Evans' Monthly Report for June, 1994.
8. Southold Town Community Development Monthly Report for June,
1994.
9. Southold Towry Dog Shelter Monthly Report of June, 1994.
10. New York State Office of the Comptroller Report of Examination for
the Town of. Southold.
11 . Lawrence Healthcare tSEA Report for June, 1994.
12. Lawrence Healthcare PBA Report for June, 1994.
II . PUBIC NOTICES
1 . Corp of Army Engineer, New York District, Notice of application of
N.Y. State Department of Transportation to install gabions and a shoulder
along the shoreline of Long Beach and, ,?_Cardiners Bay at the Orient State
Park access road, Orient, Town of Southold, New York. The purpose of
the project to to prevent erosion of the park road. Comment to be
received by July 28, 1994.
Ill . COMMUNICATIONS. None
IV. PUBLIC HEARINGS. None
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have a series of resolutions, that we will be
taking up. Any member of the audience is invited to address the Board
regarding any one of these resolutions that's before you. Anyone like to
address the Board?
F.M-FLYNN: My name is F.M. Flynn. I am a resident of the Town of
Southold. My remarks really include two questions relating to resolutions
11 through 16. One question is the nature of a clerical error, and the
other is it's effect on notification requirements.
SUPERVISOR WICKHAM: Thank you, Frank. Laury, would you like to
address that?
TOWN ATTORNEY DOWD: The nature of the clerical error is that when
this resolution was adopted back on May 31 st under the designation
SEQRA status, . it indicated that this was going to be an unlisted action.
Up until then, and at that time we had intended for this to be a Type I
action. We had noticed it as a Type I action. We had sent letters out to
everybody, calling it a Type I action, but we didn't see it. We had put
down the wrong phrase, when we adopted the negative declaration, so
we've corrected it to say, now, Type I . That's the only change that there
IS.
TOWN CLERK TERRY: Would you state who made this error, please?
TOWN ATTORNEY DOWD: It was made by our Environmental Consultant.
F.M.FLYNN: May I ask, will this require a new notification?
TOWN ATTORNEY DOWD: No, it was notified as a typo.
F.M. FLYNN: I see. Thank. you.
3 9 8 JULY 12, 1994
SUPERVISOR WICKHAM: Are there any other questions about resolutions
that are on our agenda?
FRANK CARLIN: Frank Carlin, Laurel. Number six, I have a comment
on number six. + I can see that the Highway Superintendent Ray Jacobs
wants to issue a 1987 Ford pickup truck rather than a brand new one, with
like fancy ,air conditioning and electric seats and all that. I admire him
for that, trying to keep the price down instead of buying a fancy luxury
pickup truck. I give him credit for that. Number; nine on this bond, this
$21;500.' 00? Is that a Town highway, that it's going to be on, or what is
that a farm? I see farm here. What is that?
SUPERVISOR WICKHAM: This is a subdivision called Willow Terrace
Farms. The people are posting a bond in order to proceed with the roads,
etc., of that subdivision.
COUNCILWOMAN OLIVA: They pay for the roads, ,the development.
FRANK CARLIN: Just, one more question. I don't see .it .on here, just to
make sure. There's no resolution on here about funding a utility company
study, is there? Good, .I'll check that one off for today. Thank you.
SUPERVISOR WICKHAM: Is there anyone else in ,the audience, that would
like to address the Board on any matter in the resolutions before us now?
(No response.) If not, we can proceed with taking up the resolutions.
1 •- Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the 'Town of Southold hereby authorizes
the closure of Sound ' Avenue, Mattituck, from the' intersection of NYS
Route 25 to Westphalia Road, on Saturday, August 6, 1994, between the
hours of 9:00 A.M. and 3:00 P.M., as a safety precaution during the
annual Summer Fair being held by the Mattituck Presbyterian Church,
provided they file with the Town Clerk a One Million Dollar Certificate of
Liability Insurance naming the Town of 'Southold as an additional insured.
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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Lorraine A. Miller, part-time Account Clerk
in the Accounting & Finance Department, effective July 20, 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 Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for a part-time
Account Clerk, at a salary of $8.40 per hour, for the Accounting E Finance
Department.
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 Oliva, it was
RESOLVED THAT THE Town Board of the Town of Southold hereby
appoints the following individuals as Lifeguards for the 1994 summer season.
John Cassidy (1st Year) $7.42 per hour
David Tohill (1st year) $7.42 per hour
4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, , Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement with
DULY 12, 1994 3 9 .9
i.?. 7 :4.
Michael Jackson to provide gym night for ',the ' 1994 Summer Recreation
Program, at. a fee of $15.00 per hour, all in accordance with the approval
of the Town Attorney.
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 Councilman Townsend, it
was
RESOLVED .that the Town Board of the Town of Southold hereby accepts
the bid of Advanced Equipment Inc., in the amount of $16,420.00, for
supplying the Southold Town Highway Department with one (1) 1987 Ford
F-700* Dump Truck, all in accordance with the bid specifications.
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 Townsend, seconded by Councilwoman Oliva, it was
RESOLVED THAT THE Town Board of the Town of Southold hereby
rescinds resolution no. 26, adopted on June 28, 1994, authorizing a Bond
Resolution for the acquisition of development rights in agricultural lands
within the Town for the preservation of open space, at a maximum cost of
$1,750,000.
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 rescinds
resolution no. 27, adopted on June 28, 1994, authorizing.the Town Clerk to
publish the $1,750,000 Bond Resolution for the acquisition of development
rights in agricultural lands.
COUNCILWOMAN OLIVA: We're doing this because you have to do the bond
resolution within the sixty day limit of the general election, so we're too
early.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the amount of $21,500.00 for a bond for roads and improvements in the
minor subdivision of Willow Terrace Farms, Orient, N.Y., all in accordance
with the recommendation of the Southold Town Planning Board and
Engineering Inspector James Richter.
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 Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby releases
the $10,000.00 Letter of Credit, deposited with the Town Board for a
firewell in the major subdivision of Highpoint at East Marion, Section
III, inasmuch as the court reversed the Planning Board's requirement for a
firewell in that subdivision.
10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
COUNCILMAN TOWNSEND: The next six resolutions are basically the
same, as was discussed prior to the start of the resolution portion of this
meeting. There was a written error in the publishing of a type of action on
recent zone changes, as far as the SEQRA process is concerned.°
4 0 0 JULY 12, 1994
11 .-Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, the Town Board of the Town of Southold has consistently
noticed the SEQR status of this project as a Type I action, and due to a
clerical error the notice of determination adopted ' May 31, 1994 erroneously
stated the SEQR status of this project was Unlisted when it should have
stated Type I;, now, therefore, be it
RESOLVED -that the Town Board resolution of May 31, 1994 is hereby
rescinded :and this notice is reissued pursuant to Part 617 of --the
implementing regulations pertaining to article. i 9' (State Environmental
Quality Review) of the Environmental Conservation Law. The Town Board
of the Town of Southold has determined that the proposed action described
below will not have a significant effect on the ', environment and a Draft
Environmental Impact Statement need not be prepared.
Property of: Kace Realty Co.
Trifle of Action: Change of Zone on Town Board's Own Motion
SCTM# 1000-40-3-1
s/s CR 48, more than 1000' e/o Chapel Lane, Greenport
SEQR Status: Type I Action
Project Description: The project which is the subject of this Determination,
involves a the change of zone of 17.1 acres from"Hamlet
Density"to"Residence,80".. The project site contains
freshwater wetlands associated with Moore's Woods
(NYSDEC Freshwater;Water Wetlands #SO-1). The
proposed project is one of.six J6) change of zones beiconsideredd by the Town Boar at this time.in the same
geographic area
SCTM Number. 100040-3-1
Location: The site.consists of 17.1 acres.and is located on the south
side of CR 48,more than 1000' east of Chapel Lane in
the unincorporated portion of-Greenport.
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and II, and the following specific reasons:
(1) The subject change of zoning does not exceed any.of the criteria for determining significance of an action
that would warrant the preparation of a Draft EIS. Conversely,the action will minim, potential
environmental impacts thereby providing support for issuance of a Negative Declaration.
(2) The proposed project will reduce the potential development density on the subject site. As a result,
density derived impacts including:water use;'sanitary' waste volume;disturbance of land;traffic
generation;and solid waste generation will also be reduced. Accordingly,the subject change of zoning is
expected to reduce the impact of site development with regard Ito these impact areas, as compared to
current zoning. '
(3) The proposed zoning is consistent with land use and zoning of surrounding lands, and will therefore not,
cause a significant impact. As a result,the proposed change of,zoning will have a beneficial impact upon
land use in the area of the site.
(4) Consideration has been given to the review of the proposed zone change conducted by a consultant to
the Town Board,which concludes the following with regard to the site in consideration of unique site
resources:"These findings suggest that any development on this site will have environmental impacts.
Our initial impression is that rezoning to OR-W residential will provide a significant increased measure
of protection for the environment than the"HD"zoning now provides.
(5) Consideration has been given to a planning document prepared by the Southold Planning Staff entitled,
"Review of Hamlet Density Zoning in Southold Town-Report to the Town Board"dated February 1994.
This report concludes the following with regard to the site in consideraiton of unique site resources:
"77us parcel could be developed in a manner not requiring nutld ple density uses. Rezoning to a lower
density is recommended-"
( ) The subject site contains unique resources,and is occupied by freshwater wetlands over approximately 40
percent of the 17.1 acre site. The proposed change of zoning will minimize impact upon wetlands
resources by reducing the potential land use density adjacent this habitat. In addition,the lower potential
land use density will provide more flexible land use options to maximize setbacks�ond ensure
preservation of unique habitat areas.
11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman.
Townsend, Councilwoman Hussie,- Supervisor Wickham.No: Councilman Lizewski.
This resolution was duly ADOPTED.
'JULY 12, 1994 `t. O 1
12 .- Moved by Supervisor Wickham, seconded by .Justice Evans,
WHEREAS, the Town Board of the Town of Southold has consistently
noticed the 'SEQR status Of this project as a Type I action, and due to a
clerical error the notice of determination adopted May 31, 1994 erroneously
stated the the SEAR :status of this project was .Unlisted when it should
have stated Type I; now, therefore, be it
RESOLVED that the Town Board resolution of May 31, 1994 is hereby
rescinded and this notice is reissued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 (State Environmental
Quality Review) of the Environmental Conservation Law. The Town Board
of the Town of Southold has determined that
the proposed action
do -described that .
below will not have a significant effect
Draft Environmental Impact Statement need not be prepared.
Property of: John Geier & Ano.
Title of Action: Proposed COZ on Town Board's Own Motion
.SCTM# 1000-40-4-1
s/s CR 48, 400 feet w/o Moore's Lane, Unincorporated
Greenport
SEQR Status: Type I Action
Project Description: The project which is the subject of this Determination,
involves a the change of zone of.10.55 acres from
"Hamlet Density" to"Residence-80". The project site
contains freshwater wetlands associated with Moore's
Woods (NYSDEC.Freshwater Water Wetlands #SO-1)..
The site is surrounded by Village of Greenport parkland.
The proposed prof*ect is one of six(6 change of zones
being considered by the Town Board at this time in the
same geographic area and will involve common_and
potentially significant impacts.
SCTM Number. 1000404-1
The site consists of 10.55 acres and is located on the south
Location:
side of CR 48, 400 feet west of Moore's Lane,
Unincorporated Greenport:
Reasons Supporting This Determination:
This determination is issued
Part consideration
Long Environmental Asseria for essment determination Form
significance contained in 6 NY specific reasons:
Parts I and II, and the following s p
of does not exceed any of the criteria for determining significance of an action
(1) The subject changeg
that would wan-ant-the preparation of a Draft EIS. Conversely,the action will minimize potential
environmental impacts thereby providing support for issuance of a Negative Declaration.
(2) The proposed project will reduce the potential development density on the subject site. As a result,
density derived impacts including:water use;sanitary waste volume;disturbance of land;traffic
Accordingly,the subject change of zoning is
generation;and solid waste generation will also be reduced:
expected to reduce the impact of site development with regard to these impact areas, as compared to
current zoning.
(3) The proposed zoning is consistent with land use and zoning of surrounding lands,and will therefore not
cause a significant impact. As a result,the proposed change of zoning will have a beneficial impact upon
land use in the area of the site.
(4) Consideration has been given to the review of clue proposed zone change conducted by a consultant to
the Town Board,which concludes the following with regard to the site in consideration of unique site
resources:"These findings suggest that any development oil this site will have environmental impacts.
Our initial impression is that rezoning to"R-80" residential will provide a significant increased measure
of protection for the environment than the"HD" zoning now provides.
(� Consideration has been given to a planning document prepared by the Southold Planning Staff entitled,
in Southold Town-Report to the Town Board"dated February 1994.
"Review of Hamlet llensity Zoning
This report concludes the following with regard to the site in consideration of unique site.resources:
"T7ii Parcel could be developed in a nuumer not requiring multiple density uses. Rezoning to a lower
density is recorrun ended."
(6) The subject site contains unique resources,and is occupied by freshwater wetlands over approximately 33
percent of the 10.55 acre site. The proposed cliange of zoning will minimize impact upon wetlands
resources by reducing the potential land use density adjacent this habitat. In addition,the lower potential
land use density will provide more flexible land use options to maxunizP setbacks and ensure
preservation of unique habitat areas.
i
402 JULY 12, 1994
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12.- Vote of the Town Board: Ayes: Justice Evans,' Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski'.
This' resolution was duly ADOPTED.
13--Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, 'the Town Board of the Town of Southold has consistently
noticed the SEQR status of this project as- a Type I; action, and due to- a
clerical error the notice of determination adopted 1 May 31, 1994 erroneously
stated that the SEQR status of this project was Unlisted when it should
have stated Type I; now, therefore, be it `
RESOLVED that the Town Board resolution of May, 31, 1994 is hereby
rescinded and this notice is reissued pursuant to Part 617 of the
implementing regulation pertaining to Article 8 (State Environmental
Quality Review) of the Environmental Conservation Law. The Town Board
of the Town of Southold has determined that the proposed action described
below will not have a significant effect on the environment and that a
Draft Environmental Impact Statement need not be ,prepared.
Property of: LBV Properties
Title of Action: Proposed COZ on Town Board's Own Motion
SCTM# 1000-35-1-25
n/s CR 48, 1,139 feet e/o Sound Road, Unincorporated
Greenport
SEQR Status: Type I Action
Project Description: The project which is the subject of this Determination,
involves a-the change of zone of 132.08 acres from
"Hamlet Density" to "Residence;80". The project site
contains freshwater wetlands and a mix of forested and
old field habitats. The site is also adjacent to Long Island
Sound.The proposed project is one of six (6) change of
zones being considered by the Town Board at this time in
the'same geographic area and will involve common and
potentially significant impacts.
SCTM Number: 1000-35-1-25
Location: The site consists of 132.08 acres and is located on the
north side of CR 48, 1,139 feet east of Sound Road, in the
unincorporated section of Greenport.
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and A and'the following specific reasons:
(1) The subject change of zoning does not exceed any of the criteria for determming significance of an action
that would warrant the preparation of a Draft EIS. Conversely,the action will minimize potential
environmental impacts thereby providing support for issuance of a Negative Declaration.
(2) The proposed project will reduce the potential development density on the'subject site. As a result,
density derived impacts including:water use;sanitary waste volume;disturbance of land;traffic
generation;and solid waste generation will also be reduced. Accordingly,the subject change of zoning is
expected to reduce the impact of site development with regard to these impact areas, as compared to
current zoning..
(3) The proposed zoning is consistent with land use and zoning of surroundingllands,and will therefore not
cause a significant impact. As a result,the proposed change of zoning will have a beneficial impact upon
land use in the area of the site.
(4) Consideration has been given to the review of the proposed zone change Inducted by a consultant to
the Town Board,which concludes the following with regard to the site in consideration of unique site
resources:'These findings suggest that any development on this site will have environmental impacts.
Our initial impression is that rezoning to'"R48(r residential will provide a significant increased measure
of protection for the environment than the"HD"zonuig now provides.
(5) Consideration has been given to a planuing document prepared by the Southold Planning Staff entitled,
"Review of Hamlet Density Zoning in Soutlwld Town.-Report to the Town Board"dated February 1994.
This report concludes the following with regard to the site in consideraiton of unique dtf,resources:
"This parcel could be developed in a manner not requiring multiple density uses. Rezoning to a lower
density is neconunended."
JULY 12, 1994 403
(6) The subjed.site contains unique resources,and is occupied;by freshwater wetlands over approximately 3
acres of the site,55 percent of the site is considered meadow/brushland and approximately 35 percent of
the site is forested. The site is also situated on Long Island Sound. The proposed change of zoning will
minim; impact upon the Long island Sound,it's associated bluffs,wetlands as well as the upland
resources by reducing the potential land use density adjacent these habitats. In addition,the lower
potential land use.density will provide more flexible land use options to maximize setbacks and ensure
preservation of unique habitat areas.
13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No`:
Councilman Lizewski.
This resolution was duly ADOPTED.
14,- Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, the Town Board of the Town of Southold has consistently
noticed the SEQR status of this project as a Type I action, and due to a
clerical SEQR status of this project was Unlisted when it should have
stated Type I; now, therefore be it
RESOLVED that the Town Board Board resolution of May 31, 1994 is hereby
rescinded and this notice is reissued pursuant to Part 617 of the
implementing regulations pertaining to Article - 8 (State Envrionmental
Quality Review) .of the Environmental Conservation Law. The Town Board
of the Town of Southold' has :'determined that the, proposed action described
below will not have 'a significant effect on the environment and that a
Draft Envrionmental Impact Statement need not be prepared.
Property of: Mohring Enterprises
Title of Action: -Change of Zone on Town Board's Own Motion
SCTM# 1000-45-2-10s
e/s Chapel.Lane,;,Greenport
SEQR Status: Type I Action
Project Description: The project which.is the subject of this Determination,
involves a the change of zone of 20.07 acres from
"Hamlet Density"to "Residence-80". The project site
contains freshwater wetlands associated with project
Woods (NYSDEC Freshwater Water Wetlands #SO-I).
The proposed project is one of six(6) change of zones
being considered by the Town Board at this time in the
same.geographic area.
SCTM Number: 1000-45-2-10.5
Location: The site consists of 20.07 acres and is located on the east
side-of Chapel Lane in the unincorporated portion of
Greenport.
Reasons Supporting This Determination:
This determination'is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and A and the following specific reasons:
(1) The subject change of zoning does not exceed any of the criteria for determining significance of an action
that would warrant the preparation of a Draft EIS. Conversely,the action will minim; potential .
environmental impacts thereby providing support for issuance of a Negative Declaration.
(2) The proposed project will reduce the potential development density on the subject site. As a result, =
density derived impacts including:water use;sanitary waste volume;disturbance of land;traffic
generation;and solid waste generation will also-be reduced. Accordingly,the subject change of zoning is
expected to reduce the impact of site development with regard to these impact areas,as compared to
current zoning.
(3) The proposed zoning is consistent with land use and zoning of surrounding lands,and will therefore not
cause a significant impact. As a result,the proposed change of zoning will have a beneficial impact upon
land use in the area of the site.
(4) Consideration has been given to the review of the proposed zone change conducted by a consultant to
the Town Board,which concludes the following with regard to the site in consideration.of unique site
resources:"These findings sugggst that any development on this site will have environmental impacts.
Our initial impression is that rezoning to"R-W residential will provide a.significant.increased measure
of protection for the environment than the"HD"zoning now provides.
I
404 JULY 12, 1994
(5) Consideration has been given to a planning document prepared by the Southold Planning Staff entitled,
"Review of Handel Density Zoning in Southold Town-Report to the Town Board"dated February 1994.
This report concludes the following with regard to the site in consideraiton of unique site resources:
"Thus parcel could,be developed in a manner not requiring multiple density uses. Rezoning to a lower
density is reconwwtded"
(6) The subject site contains.unique resources. While not specifically identified as freshwater wetlands,on
the NYSDEC Tentative Freshwater Wetland Maps the entire site contains a high density of freshwater
wetlands vegetation species. The proposed change of zoning will mmin+izp impact upon wetlands
resources by reducing the potential land use density. In addition,the lower potential land use density will
provide more flexible land use options to ma*xu'uize setbacks and ensure preservation of unique habitat
areas.
14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor , Wickham. No:
Councilman Lizewski.
This. resolution was duly ADOPTED.
15.-Moved by Supervisor Wickham', seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold has consistently
noticed the SEQR status of this project as a Type; I action, and due to a
clerical error the notice of determination adopted May 31, 1994 erroneously
stated that the SEQR status; of this project was Unlisted when it should
have stated Type I; now, therefore, be it
RESOLVED that the Town Board resolution of May ,31, 1994 is hereby
rescinded and this notice - is reissued pursuant to Part 617 of the
implementing regulations• pertaining to Article 8 (State Environmental
Quality Review) of the , Environmental Conservation Law. The Town Board
of the Town of Southold has determined that the proposed action described
below will not have a significant effect on the environment and that a
Draft Environmental Impact Statement need not be prepared.
Property of: John Siolas S Catherine Tsounis
Tale of Action: Change of Zone on Town Board's;Own Motion
SCTM# 1000-45-2-1
s/s CR 48, 805 feet e/o Chapel Lane, Greenport
SEQR Status: Type I Action
Project Description: The project which is the subject of this Determination,
involves a the change of zone of 12 acres from"Hamlet
Density" to "Residence-80". The pro ect site contains
freshwater wetlands associated with 0ore's Woods
(NYSDEC Freshwater Water Wetlands #SO-1). The
proposed project is one of six�6) change of zones being
considered by the Town Boar at this time in the same
geographic area.
SCTM Number: 1000-42-2-1
Location: The site consists of 1.2 acres and is located on the south
side of CR 48,805' east of 'hap
_el Larie in the
unincorporated portion of reenport.
Reasons Supporting This Determination: —
This determination is issued in full consideration of the criteria for determination of
significance contained in 6.NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and IL and the following specific reasons:
(1) The subject change of zoning does not exceed any of the criteria for determining significance of an action
that would warrant the preparation of a Draft EIS. Conversely,the action will minimi�P potential
environmental impacts thereby providing support for issuance of a Negative;Declaration.
J
JULY 1-2, 1994 4 O
(2) The proposed project will reduce the potential development density on the subject site. As a result,
density derived impacts including:water use;sanitary waste volume;disturbance of land;traffic
generation;and solid waste generation will also be reduced. Accordingly,the subject change of zoning is
expected to reduce the:impact of site development with regard to these impact areas,as compared to
current zoning. i
(3) The proposed zoning is consistent with land use and zoning of surrounding lands,and will therefore not
cause a significant impact. As a result,the proposed change of zoning will have a beneficial impact upon
land use in the area of the site.
(4) Consideration has been given to the review of the proposed zone change conducted by a consultant to
the Town Board,which concludes the following with regard to the site in consideration of unique site
- resources:'These findings suggest-that any development on this site will have environmental impacts.
Our initial impression is that rezoning to"R-80"residential will provide a significaut.increased measure
of protection for the environment than the"HD"zoning now provides.
(5) Consideration has been given to a planning document prepared by the Southold Planning Staff entitled,
"Review of Hamlet Density Zoning in.Southold Town-Report to the Town Board"dated February 1994.
This report concludes the Wowing with regard to the site in consideraiton of unique site resources:
"This parcel could be developed in a manner not requiring multiple density uses. Rezoniitg'to a lower
density u recommended"
(6) The subject site contains unique resources,and is occupied by freshwater wetlands over approximately 40
percent of the L2 acre site. The proposed change of zoning will minimize impact upon wetlands
resources by reducing the potential laud use density adjacent this habitat. In addition,the lower potential
land use density will provide more flexible land use options to marim»e setbacks and ensure
preservation of unique habitat areas.
15.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman 'Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
16.- Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold has consistently
noticed the SEQR status of this project as a Type I action, and due to a
clerical error the notice of determination adopted May 31, 1994 erroneously
stated that the SEQR status of this project was Unlisted when it should
have stated Type l; now, therefore, be it
RESOLVED that the Town Board resolution of May 31, 1994 is . hereby
rescinded and this notice is reissued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 (State Environmental
Quality Review) of the Environmental Conservation Law. The Town Board
of the Town of Southold has determined that the proposed action described
below will not have a significant effect on the environment and that a
Draft Environmental Impact Statement need not be prepared.
Property of: Jem Realty Co.
Title of Action: Change of Zone on Town Board's Own Motion
SCTM# 1000-35-1-24
n/s CR 48,564 feet e/o Sound Road, Greenport
SEQR Status: Type I Action
Project Description: The project which is the subject of this Determination,
involves a the change of zone of 62.3 acres from"Hamlet
Density" to "Residence-80". The project site contains
freshwater wetlands and a mix of forested and old field
habitats. The site is also adjacent to Long Island Sound
The proposed protect is one of six (6) change of zones
being considered by the Town Board at this time in the
same:geographic area.
SCTM Number: 1000-35-1-24
Location: The site consists of 62.3 acres and is located-on the north
side CR 48, 564 feet east of SoundRoad, in the
unincorporated portion fo Greenport.
406 JULY 12, 1994
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and II, and the fbllowing specific reasons:
(1), The subject clwge of zoning does not exceed any of the criteria for determining significance of an action
that would warrant the,preparation of a Draft EIS. Conversely,the action will minimize potential
environmental impacts thereby providing support for issuance of a Negative Declaration.
(2) The proposed project will reduce the potential development density on the subject site. As a result,
density derived impacts including:water use;sanitary waste volume;disturbance of land;traffic
_generation;and solid waste generation will also.be reduced. Accordingly,the subject change of zoning is
expected to reduce the impact of site development with regard to these impact areas, as compared to
current zoning.
(3) The proposed zoning is consistent with land use and zoning of surrounding lands, and will therefore not
cause a significant impact: As a result,the proposed change of zoning will have a beneficial impact upon
land use in the area of the si�e.
(4) Consideration has been given to the review of the proposed zone change conducted by a consultant to
the Town Board,which concludes tho1ollowing with regard to the site,in consideration of unique site
resources:These findings,suggest that any development on this site will have environmental impacts.
Our initial impression as that rezoning to"R-80"residential will provide a significant increased measure
of protection for the environment than the"HD"zoning now provides.
(5) Consideration has been given to a planning document prepared by the Southold Planning Staff entitled,
"Review.of Hamlet Density Zoning in Southold Town-Report to the Town Board"dated February 1994.
This report concludes the following with regard to the site in consideraiton of unique site resources:
"This parcel could be developed in a manner not requiring nurltiple,density uses. Rezoning to a lower
density is recommended"
(6) The subject site contains unique resources, and approximately 67 percent of the site is considered
meadow/brushland and.the remaining 33 percent of the site is forested. The site is also situated on Long
Island Sound. The proposed Change of zoning will minimize impact upon the Long Lsland Sound and it's
associated bluffs,as well as the upland resources by reducing the potential land use density adjacent
these habitats. In addition,the lower potential land use density will provide more flexible land use
options to maximi setbacks and ensure preservation of unique wildlife habitat areas.
16.-Vote of the Town Board: Ayes: . Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. , No:
Councilman Lizewski. ,
This resolution was duly ADOPTED.
17 .-Moved by Councilwoman Oliva, 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 bids for Bulk Salt for snow
and ice control for the Highway Department.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-Moved by Councilman Lizewski, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to readvertise for the sale of the Series III,
Model 50, IBM Copy Machine, located in the_ west wing of Town Hall, on
July 21 and 28, 1994.
18.-Vote of the. Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman. Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.-Moved by Justice Evans, seconded by Councilman. Townsend, 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 transfer funds for Fagan Engineering relating to Fisher Island
Metal Dump closure project:
To:
A8160.4 Refuse fi Garbage, Contractual Expenses $ 1,000.00
JULY 12, 1994 407
From
A1010.4 Town Board, Contractual Expenses $ 1,000.00
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget* modification to the Fishers Island Ferry District
to.appropriate federal grant for Elizabeth Field Airport Project:
Revenues:
SM4097 Capital Grant - Federal Government $ 488,766.00
Appropriations:
SM5610.4Elizabeth Airport, Contractual Expenses $ 488,766.00
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 Councilwoman Oliva_, seconded by Justice Evans,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District
has considered the establishment of a Section 457 .,Deferred Compensation
Plan to be- made available 'to all eligible employees pursuant to Section
457i of the, Internal Revenue Code; and thereafter proposals were solicited
as provided by stature, received and thoroughly evaluated; now, therefore,
be it
RESOLVED that the Town Board of :the..Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to execute
a contract on behalf of the District with the Public employees Benefit
Services Corporation (PEBSCO) to administer a 456i Deferred
Compensation Plan for the employees of the Ferry District; and thereafter
payroll deductions are authorized for all Fishers Island Ferry District
employees. electing to participate in said plan, subject to the terms and
conditions of the Plan.
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 Councilwoman Hussie, seconded by Supervisor Wickham,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a Local Law entitled, "A Local Law in Relation to Parking by
Permit";. now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 26,
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 Parking by Permit
BE IT ENACTED, BY THE Town Board of the Town of Southold as follows:
I . Chapter 65 (Parking At Beaches) of the Code of the Town of Southold
is hereby amended as follows:
1 . Section 65-2.A. (Designation of parking areas requiring permits.)
is hereby amended by adding the following:
(20) Southold Drive, Greenport, both sides, between Sound
Road and Sunset Lane.
(21) Kenny's Road, Southold, west side only, from the
northwest corner of Lake Drive and Kenny's Road
northerly 'to the terminus of Kenny's Road.
II .This Local Law shall take' effect upon its filing with the Secretary of
State.,
22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
23.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to enter into a contract
between the Town of Southold and the following, contractors, subject to the
approval of the Town Attorney, to accomplish the following worlr under the
408 JULY 12, 1994
Energy Conservation Program (bid opened June 3, 1994, accepted by the
Town Board.' on June 14, 1994) :
Avey` Electric, Inc., P.O. Box 1429, Patchogue, N.Y.
Town Hall: Exit Signs - $940.00; Hot Water Heater - $1,360.00.
Police Headquarters: New Exit Sign - $325.00; Exit Signs -
$370.00; Electrical Lighting - $12,760.00.
Human Resource Center: Exit Signs - $595.00; Electrical Lighting -
$14,370.00-.
Efficiency Contractor, 104 Middleville Road, Northport, N.Y.
Police Headquarters: Acoustical Tile Restoration - $7,998.00
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 Justice Evans, it was
RESOLVED that the Town .Board of the Town of Southold hereby authorizes
and " directs Supervisor Thomas Wickham to execute a New . York State
Energy Office Grant Application for the Southold Town Hall electrical light
project, all in accordance with the approval of the Town Attorney.
24.- Vote of the Town Board: Ayes: Justice Evans, . Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Rescinded August 23, 1994 by Resolytion #21
25.- Moved by Councilman LIZewskI, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the following bids for the Energy Conservation Program at Town Hall and
Police Headquarters, subject to the receipt of the grant applciation by
the New York State Energy Office, and subject. to acceptable references for
the bidders:
Town Hall
Brompton Service Corporation, 11 Sheer Plaza, Plainview, N.Y.,
Accoustical Tile Restoration - $3,900.00
Brompton Service Corporation, .11 Sheer Plaza, Plainview, N.Y.,
Electrical Lighting - $44,000.00
Police Headquarters
Kolb Mechanical Corp., Sound Avenue, Mattituck, N.Y., Ductwork
Modifications - $1,400.00
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 Supervisor Wickham, 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 installation of
new hearing, air conditioning, and ventilation equipment at the Southold
Town Human Resource Center, Mattituck, all in -accordance with the bid
specification prepared by Daniel Karpen, Professional Engineer E
Consultant.
26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
27•- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Solid Waste Coordinator James Bunchuck to rent - a portable Trommel
Screen, to screen leaf mulch, from the Town of Huntington, at a cost not
to exceed $1,500.00, to be paid from the 1994 Solid Waste Management
District equipment funds; and subject to the approval of a suitable
contract by the Town Attorney.
27.- Vote of the Town Board: Ayes: Justice Evans, ' Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham..
This resolution was duly ADOPTED.
r
JULY 12, 1994 `t O J
28•-M ved by Counc gust "Townsend R secon�ed#by- Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the sale of screened leaf mulch at the Southold Town Disposal Site,
Cutchogue, at the rate of $5.00 per ton for amounts in excess of 500
pounds.
28•-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 purpose of these last two resolutions, one is
to rent the equipment to provide a better quality leaf mulch; and the
second one was to finance that by charging $5.00 per ton to contractors
and others, who would take out large quantities .of it from our Landfill.
29•-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby creates a
YMCA Site Assistance Advisory Committee, and appoints the following
members, effective July 12, 1994, they to serve on said committee without
compensation:
Diane Radigan
Planning Board Member Mark McDonald
Councilman Joseph L. Townsend, Jr.
Jean W. Cochran
Church of the Open Door Pastor Ed Hansen
'Greenport Village Mayor David Kapell
Councilman Joseph J. Lizewski
Town Trustee Peter Wenczel...
Confidential Secretary to the Supervisor Lauren Grant
AND BE IT FURTHER RESOLVED that the Town Board hereby issues the
following charge to the YMCA Site Assistance Advisory Committee:
To commend one or - more suitable locations for a YMCA facility in
Southold Town, with special reference to the following: Scope for a
swimming -pool as part of the facility; optimum location in relation to
population centers; provision for possible Town-associated programs;
likelihood of making the land available at nominal cost; minimum five acre
site; accessibility to public transportation; provision of or scope for an
appropriate building on .the site.
29•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. Abstain: Councilwoman
Hussie, Councilman Lizewski.
This resolution was duly ADOPTED.
30.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Southold Town Stewardship Task Force presented its Final
Report at a special work session of the Town Board on July 7, 1994; now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold finds said Final
Report fulfills the charge to the Task Force as enacted by the Town Board
at its May 20, 1992 meeting; and be it
FURTHER RESOLVED that the Town Board will study and enact appropriate
policies and legislation related to the recommendations comprising said
Final Report.
30.- 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 Justice. Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Thomas F. Madigan as a member of the Southold Town Land Preservation
Committee, effective immediately through July 3, 1996, he to serve on said
committee without compensation.
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 Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following individuals to the Southold Town Committee on Focal Taxes,
410 JULY 12, 1994
effective July 12, 1994 through July 12, 1995, they to serve on said
committee without compensation:
Warren Cannon Charles M. Murrin
James Foley Lynda J . Rehm
James Heffron Benjamin L. Sokobin
Wallace McGahan Philip VanBourgondien
Anne M. Molloy
31 •- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
32•- Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, the Suffolk County Department of Public Works has agreed to
remove rubbish and debris from the Town's property adjacent to Inlet Pond
Park, Greenport, and from Inlet Pond Park, using County equipment; now,
therefore, be it
RESOLVED that the Town, in cooperation with the County of Suffolk, and
the Village of Greenport, who will provide access to the park, hereby
agrees to accept the debris and rubbish at the Southold Town Disposal
Site, Cutchogue, at no cost to the County.
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 Justice Evans,, seconded by Councilwoman Oliva, it was
RESOLVED that the .Town Board of the Town of Southold hereby accepts
the proposal of Fagan Engineers, at a fee of $5,500.00, to generate a
single technical specifications for the removal of all metal recyclables
and other solid waste from the Fishers Island Metal Dump, to review
contractor's bids and make recommendations regarding award of the
contract, and prepare the necessary documents to execute the SEQRA
review procedure with regard to this project.
33.- Vote of the Town Board: Ayes: Justice Evans, . Councilwoman Oliva,
Councilman Townsend; Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That completes the resolutions on our agenda for
this afternoon. There are no public hearings tonight, and we have met
with our other various parts of our agenda. The opportunity is available
now for those of you who have come to participate, and to let the Board
know your views on any subjects that's on your mind. Yes, sir, standing
up in the back?
ALI HOMAYUNI :. Supervisor Wickham, members of the Board, I live at
22220 Soundview Avenue on the corner of Goldin Lane. My name is
Ali Homayuni. Approximately one year ago after numerous high speed
racing down Soundview Avenue, we sent a letter to Mr. Jacobs, who is
Chairman of the Highway Department, and requested that an all way stop
sign be placed at that intersection.
SUPERVISOR WICKHAM: Which intersection is this?
ALI HOMAYUNI : This is the intersection of Soundview Avenue and
Goldin Lane. There is a one way stop currently in place at that point.
It's about a quarter mile from the actual Soundview, Sound Avenue
intersection. At that time, Mr. Jacobs had stated that the road was a
State road,. and not a Town road. On further inspection, and speaking to
the Department of Transportation of New York State, as well as checking
with the Southold Town Police. We were informed that this is actually a
local road under local maintenance, and therefore under local decision .
making about the placement stops. Why I'm requesting is that someone
from Town Board, or someone . who can. instruct me as to what do, to have
an all way stop placed at that intersection. There are numerous children
on my block, of which two are mine, as well as numerous people staying at
the North Fork Motel, who frequently cross the road, and are at risk of
significant injury. Thank you.
�
'~ JULY 12, 1994
411
SUPERVISOR WICKHAM: Do you have anythi-rig in writing on this? You've
giving us a report.
ALI HOMAYUNI : I have copies of letters.
SUPERVISOR WICKHAM: If you could just send my office a copy of what
you sent to the Superintendent of Highways. We'll try to deal with it.
BERNADINE BAUSER: My name is Bernadine Bauser, and I live on 450
Indian Neck Lane in Peconic. Some information recently came to light, and
I wish to oppose the `purchase of 300 Indian Neck Lane, which is a four
bedroom house, has an adjoining three room apartment, of the State of New
York on behalf of ADD to use that an ADD home. I was informed by a
Town government official that when the owner of this property offered it
for ADD use it implied or stated, that there are no young children in the
immediate area, and that the ,area homes are comprised of only retired
people. This is grossly inaccurate as I and my husband, and daughter
who lives , right next door, approximately 150 feet from this house, with
small children. Two ,houses in the rear left of this house contain five
young children. I believe, and have been told by an individual dealing in
real estate, • that our property value marketability decreases, and our
children's safety may be- compromised should this be a done,`deal. There is
no guarantee that this house will be solely used. for only functioning
adults with disability, who require no medication, to prevent any
antisocial behavior. I also understand that there are presently ten group
homes in our community, four of these homes being within a three mile
radius of this proposed . site. One is 2.8 miles, and it's on Oaklawn. One
is 8/10th's of a mile, and it's on Skunk Lane. One is 2.8 miles, and
it's on Main Road in Cutchogue, and the fourth house is under three miles,
and it's on Boisseau Avenue. The area on Indian Neck Lane is zoned
residential,: .and if- .an adult home was to be put in there, owned by a
private entity, which is a business, doesn't that violate the residential
zoning 'law. That's first. concern. Secondly, I appeal to my town
government to intervene on my behalf, and represent us, as taxpayers,
and preserve our quality of life, which we work long and hard for. I also
request that the Town of Southold Site Committee seek an alternative site,
not in our area, which is already, saturated. This will be the fifth house
in less that three miles, and I think that is a little bit saturated at
this point.
MURIEL ANDREWS: My name is Muriel Andrews, and I live on Indian Neck
Lane, also, and I have spoken to Pat Acompora's office, and was advised
that there is a provisional law for saturation of these homes. I feel that .
five houses of this type in a three mile radius is saturation, and we don't
even know where the other six houses in Southold are. I feel it's the
State and the Town's responsibility to survey the homeowners ,.in an area,
where a site has obtained, because- morally it's not right to just slide
them in. We would like the Town to provide us with the list of all these
homes in our town, and the County as well. This can be done by notifying
all the Town Supervisors, and they in turn would send the list to you. We
would like to, also, request a special Town Board meeting prior to any
further involvement of this house located at 300 . Indian Neck Lane, and we
have a petition 'here signed by numerous members of our community, and
I'd really appreciate it if you would take it into consideration. Thank
you.
SUPERVISOR WICKHAM: Are there other people, who would like to
address the Board on this subject of the ADD group home?
JACK BLAIS: My name is Jack Blais. I live on Robinson Lane. I
think we're all here in protest of this home. The young lady was generous
in saying the house on Skunk Lane was 8/10th of a mile. It's almost 2500
feet from eye to .eye to the one on Skunk Lane. The one on Skunk Lane
was put in there with only two or three houses around, no young
children. They had a dumpster sitting out on the front yard of that house
for almost three years. I noticed now, that it's fenced in today, and I
think everybody, those people here on protest of this move, knows it
hasn't been done yet.
SUPERVISOR WICKHAM: When everyone's spoken I'll try to respond. Is
there anyone else who would like to address this? v
4 1 2 JULY 12, 1994
KAREN SUSKEVICH: My name is Karen Suskevich, and I live at 600
Indian Neck Lane, and I just wanted to reaffirm what they had said. I am
three houses down .from, two houses down from this proposed location, and
there- are ten children the four houses south of ;that location, ten children
starting at eighteen months old. Given thel fact that there is the
possibility of some of these occupants from this housing development having
to be on medication, I have a problem with that; as far as the quality of
life for myself, and my children.
CATHERINE MCGRATH SAYRE: My name; is Catherine McGrath
Sayre. I've heard of this home on Indian Neck from a neighbor Sunday.
1 want to know is there anything in the paper about this? Was there
anything published anywhere so that we would be'informed?
SUPERVISOR WICKHAM: To my knowledge there was nothing in the
papers, but the Board did take a decision, and it was in our minutes of
several weeks ago.
CATHERINE MCGRATH, SAYRE: It wasn't published in any newspaper?
SUPERVISOR WICHAM: Not to my knowledge.
CATHERINE MCGRATH SAYRE: It's a great concern to me about these
people, who will actually occupy this house. i I, myself, had eleven
children in Garden City, and a neighbor next door was around that yard
for about two days working, and I asked his wife if there were anything
wrong, and asked why, he was home in the middle of the day, and she
said, no, nothing is wrong, and the next day I got a call from the Garden
City Police asking me to speak to his wife. The man went out the 25th
floor of the Hotel New Yorker, and my children were playing in that
driveway, so I am really concerned with my grandchildren and all playing
in this immediate area. I'd like to know if any of these residents (tape
change.)
SUPERVISOR WICKHAM: Thank you. Anyone else from Indian Neck Lane
wish to address the Board on this? (No response.) If now, I'd like to just
give some understanding as I have seen it as to what has been developing,
just to communicate with you what has happened'; As you know ADD has
proposed having a home in the Town of Southold for some time. We
constituted a Site Selection Committee, not unlike the one we're proposing
for the YMCA, and that committee has had aj look, and make several
different recommendations. The last recommendation was to suggest the
location in Indian Neck Lane, and another one elsewhere in Cutchogue for
consideration by the ADD. That recommendation was made and ADD is
taking it up. We put in a call to them this afternoon, and they conveyed
to us that although the Indian Neck Lane is a ,possibility, it is not the
primary one on their agenda. It is a possibility. It is not the primary
one on their agenda at this time. They went o'n to say, and I'd like to
convey to you, that this is a group home scheduled for retarded people,
not for mentally disturbed people, and not ' for people with violent
problems, or medication requirements other than' what a retarded person
would normally have. So, I can understand concerns of neighbors, but I
don't think that it is a serious problem in terms of the violence and the
antisocial behavior, that people are sometime concerned about. Someone
mentioned earlier this afternoon, the possibility of saturation of homes in
that neighborhood, and in deed, saturation is the' 'one criteria on which the
Town can act to prevent a house from being set in that place. State law is
quite rigid, and does not give the Town much flexibility on the placement
of group homes. State law basically allows the not-for-profit
organization, such as ADD, to come into a town, and place the home
wherever it wishes with hardly any room for maneuver for the town. The
one criteria, or the one basis on which the Town can object, and can
actually balk the establishment of a home, is if saturation has been
reached. I don't believe saturation is defined, but recognize that having
three or four, or even five homes within three miles must be close to
saturation. `(tape malfunction)
BERNADINE BAUSER: I myself have an adult nephew, who is a Down's
Syndrome adult. I'm well aware of their capabilities, as well as their
limitations. My concerns are three. Number one, ;I have called ADD several
times, since finding out about this matter, and ''after many phone calls
i
- f
JULY 12, 1994 413
did finally get in touch with the director of ADD yesterday. He said .there
will some possible on medication, but it is nothing to be concerned with..
That's easy for him to say, because he's not living next door, and has no
children in the area. He did say four out of five Board of Directors of
ADD live in Southold Township (tape malfunction)
SUPERVISOR WICKHAM: All of us take medication from time to time.
BERNADINE BAUSER: Behavior. That was my question. I said
medication behavior, and he said, there is a possibility, and there are
some that are on medication.
SUPERVISOR WICKHAM: That is quite conceivable. As to the appraisal,
the ADD has done a number of appraisals in this town. I believe this will
be the fourth or fifth home that they have done appraisals on. But what
they told me today, this is not on the top of their agenda. They have
another home that is of more interest to them at this time. Another thing
that I will say is that the Board, this Board, emphatically impressed on
the Director of ADD toat when they finally decide on the. house that they
want, it is essential that they meet with the neighbors, and the community
leaders in that area before they make a commitment, and I will reiterate to
them this Board's very strongly worded request, that when they finally
decide the house that they want it is essential that they make contact with
you, and your neighbors, and have ample discussion with you before
closing on it.
BERNADINE BAUSER: In fairness to Mr. Rieb, the Board of Director of
Add, yesterday, when he realized we have a petition circulating, and that
we were concerned, after I expressed my concerns personally, not as a
group, that he would meet with us whenever was convenient. So, in
fairness to him, he did offer that. But, there were two contradictions to
What we said earlier, that we know to be not so, is that they are
interested in this house, and that there will be adults medicated.
SUPERVISOR WICKHAM: I didn't mean to point out they're not interested
in, and we'll see that the petition you sent gets sent on to him also.
JACK BLAIS: Does this house have to rezoned for the number of people
that will be in it?
SUPERVISOR WICKHAM: It's my understanding that group homes under
New York State Law can be established in residential zones without the
need for a zone change.
JACK BLAIS: And. how many people can they have, in it?
SUPERVISOR WICKHAM: I believe these homes are limited to four?
BERNADINE BAUSER: I have information for you here. Up to fourteen.
SUPERVISOR WICKHAM: But that's not. .
BERNADINE BAUSER: This came from Acampora's office today.
SUPERVISOR WICKHAM: What was your question?
JACK BLAIS: How many people can you put in that house?
SUPERVISOR WICKHAM: I believe that the ADD has covenented that this
house would be limited to four people, but I'm not exactly sure.
JACK BLAIS: It's a four bedroom house. How many people are they
going to put in that house?
COUNCILMAN LIZEWSKI : They said four.
JACK BLAIS: I don't believe it. Have you ever seen somebody that is
mentally retarded on medication, and fall off medication, and attack
people? Has anyone on the Board seen that? I've seen someone come
after my wife with a machete. He was mentally retarded and my wife
happened to be teaching retarded children, and didn't someoner that didn't
41. 4 JULY 12, 1994
have their medication came after her with a 'machete. Wasn't in this state,
and the other thing is, if you're going to let the people get in there, I.
understood that the people lied in their petition to say that they were no
young children near that home. You have young children on both side of
that home. I'm not talking about children that are in junior high school,
and high school.
SUPERVISOR WICKHAM: Okay, we've had quite al ample discussion on this.
Is this a new topic?
• I "
PETER PIZZARELLI : Peter Pizzarelli. I live on Indian Neck Lane. I
agree with everything that has been said, but the only thing I would like
the Board to see is a show of hands in the audience how many people are
here objecting to that, so that they get a better idea. I mean, only a
few people spoke, and there's really a lot of Mother people who haven't
spoken against, but are not in favor of it.
SUPERVISOR WICKHAM: Would people like to express with a show of hands
their reservations abogt the home in that area? Is there anyone who would
like to express support for such a home in that area?
DOROTHY LUECKOFF: I'm Dorothy Lueckoff. I live on Spring Lane.
I've been out here since '61, and the community has ,changed a great deal.
SUPERVISOR WICKHAM: Where is Spring Lane, please?
DOROTHY ., LUECKOFF: , Off Indian Neck. At the corner where the
Jehovah's Witness Building is, a lovely group of people who have made a
very nice quality in our area, and our area is a, sensational area. I'm in
real estate, and I know my values. I tell you this in way of introduction.
Regarding people who are in .these homes, occasionally there is a supervisor
who slip up. The one in Cutchogue I'm told that someone found a young
lady 'opening the refrigerator in their home, who had wandered off from
being maintained in her safe home. It will happen. There's no harm done,
of course, but it's a shock to find someone in your kitchen who has the.
door open in your refrigerator. It's an area of ,every good quality homes,
and I find that this kind of an .institution, which you have to call it,
really an institution, they don't want in Albany anymore. It's going •to
distract from the- values, and the dumpster that sat in Cutchogue was
constant annoyance, whether they build a fence around it or not, a
dumster is certainly not meant to go in an area of $200,000.'00, and
$300,000.00 homes. So, if you're quite serious about how you feel about
this naturally there is a consideration that these places have to be
somewhere, but do they have to be in an area of $300,000.00 homes with a
swimming pool out the back, in which a demented child or a' person could
fall into, in a drugged " state, or just a child falls into a pool and
drowns. So, a pool is not necessary for a home for like this.
i
SUPERVISOR WICKHAM: Thank you. Yes, sir?
FRANK CARLIN: Frank Carlin, Laurel. Carlin Watchdog Croup. A
few items I want to go through here this afternoon, Tom. I'll try to make
it as fast as possible. I know it's hot out there. People want to go back
and have their dinner. Something on .Chief of Police car, I can understand
the Chief getting a new Police car, but does it !have to be a Capris with
electrical seats, air conditioning, and all that? What's wrong with a Ford
Taurus? Suffolk County Police uses them. Why can't he use them? That's
my comment on: that. I'm keeping them short. , What's your comment on
that? You notice, Tom, when I say things to the' Board you never answer
me back very much. From now on I'm going to want explanations. What is
your explanation on that?
SUPERVISOR WICKHAM: The former Board budgeted a series of cars for
this year. They were purchased under the State contract .for $13,000.00
and some dollars, which is I think really a very; reasonable price for that
quality of car. I think that when we go into our budget discussions this
year, and start planning for cars next year, .,these are issues that we're
going to look at very, very carefully.
FRANK CARLIN: Very good. Okay. Check 'that one off. Farmland
Preservation, this is an issue that's going to be up on Election Day in
JULY 12, 1994 415
November of 1 .75 million bond issue, I understand. You know, when you
look at Farmland Preservation it makes me wonder a little bit. I'll give
you an example. Supposing you had one acre .of land, and you're- paying
$150.00 in taxes on it. This is only .an example now. Under this Farmland
Preservation it's cut in half, the taxes. Then you come in on agriculture.
You get a reduction on that. So, actually you end up with one acre of
land, ending up paying $8.00 to $10.00 a year taxes on that land, which
otherwise you'd be paying $150.00. Where you going to compensate all...of
this lose of revenue? See? Now, I understand you have 300 acres of
farmland. Am I right or wrong, that 200 acres is preserved, Tom?
SUPERVISOR WICKHAM: Less than that.
FRANK CARLIN: Less, about how much?
SUPERVISOR WICKHAM: Frank, I'd rather not talk about .my family
farming business at a Town Board meeting. If you want to talk about the
Farmland Preservation Program, Ruth or I would be very glad to respond.
FRANK CARLIN: All right, okay. So that's my question is, where are
we going to� compensate for this loss of tax money, and besides you put
this bond you'll have. to pay the interest on the bond, and at one point in
time $5,000,0000.00 seems like a lot of money when there's a $500,000.00
short in the budget. That's fine on that. No comment -on .that one?
SUPERVISOR WICKHAM: I don't think so.
FRANK CARLIN: Councilwoman Oliva:, end of the meeting is long
again, I don't know, but when you want to check neon signs for wattage in
the facility.
COUNCILWOMAN OLIVA: We're not doing that, Frank.
FRANK CARLIN: Then you changed your mind from the last time it was
in the paper.
COUNCILWOMAN OLIVA: If you want to ask me a question, call me up,
and ask me personally. Don't tell me what was in the paper. I don't have
any control over what was in the paper. If you want to ask me, I'd be
more than happy to answer you about anything, and I never said that neon
signs were going to be lit or unlit. It was a matter for discussion with
the Code Committee and the Board.
FRANK CARLIN: You didn't say that. You said that you were going to
check with a light meter, the wattage. My point is that you don't use a
light meter to- check wattage in a bulb.
COUNCILWOMAN OLIVA: I know that, so we decided not to use a meter at
all. They're inefficient.
FRANK CARLIN: Good enough. It wouldn't work because it wouldn't
check wattage. It only checks light intensity photographers use to check
the lighting of a room. If I want to check mine I check the -reading on it
whatever it is, I got a light meter. It's written right on the bulb for
the neon sign. One question to. .how do you get your power to Fishers
Island, your electric power?
JUSTICE EVANS: From Croton, underground cable.
FRANK CARLIN: Are the rate cheap?
JUSTICE EVANS: No, they're more expensive then here.
FRANK CARLIN: More expensive, very interesting. I'll finish it up
here. I'll keep it short. Another question here going to seem funny. Was
the American flag flying in. the Town Hall the 4th ' of July? Nobody
knows. I asked two, three people in the Town Hall, they couldn't tell me.
TOWN CLERK TERRY: Did you ask the custodians?
416
DULY 12, 1994
FRANK 'CARLIN: Yes, he didn't know. I don't know, that's why I'm
asking. As far as the study on businesses and tourism_ , Tom, a lot of
studies, spends money on studies on tourism, you ought to find out what
kind 'of tourism you have in this town. You've got it right in front of
your eyes. You go to the Chamber of Commerce in Laurel building, you go
to the Chamber of Commerce in Greenport that handles tourism all year
round, they know what tourism is looking for, and what's going on. You
don't need to spend all kinds of money to study tourism. Thank you very
much. I'm sorry, Tom, I annoyed you.
SUPERVISOR WICKHAM: Not at all. Yes, sir?
JIM ANDREWS: My name is Jim Andrews. I live at 772 Indian Neck Lane.
Just one more thing on the ADD house. I see here in the New York
Sub-selection Law, that a municipality has forty days to make a decision.
Public hearings may be held, but the community loses it say if no action is
taken by the deadline. We'd like. to make sure that this is action, so we
can suspend this deadline, you know, how many days are left in the forty
days. i,
SUPERVISOR WICKHAM: We'll see that the deadline doesn't slip. Yes, sir?
PHILIP VANBOURGONDIEN: My name is Philipi VanBourgondien. Good
afternoon, ladies and gentlemen. I also strongly object to the wasteful
practice of buying luxurious new Police cars. Unmarked cars for the Police
hierarchy should be smaller, cheap, unloaded vehicles, and after 100,000
miles has our PBA considers in their contract that these cars are unsafe.
Isn't it a shame that so many of our taxpayers in the Town of Southold
have to drive unsafe. vehicles because that is all they can afford to drive.
That is the most ridiculous, thing in a contract I have ever heard in my
life. When you buy the top of the line automobiles, and they don't
consider them safe after 100,000 miles. It just annoys me to death. I take
exception also to the new labor contract approved by the Board. I'm all
for increasing income level for public employees, but employees should earn
those increases, not just expect yearly increases. All most all
corporations today have worked no less than a forty hour week. How many
hours a week do our Town employees work? There should be increased
productivity, and efficiency for increased pay, and almost all corporations
or businesses expect their employees to pick up part of the medical cost.
The new contract they did not pick ,up any part of the medical cost from
what I, understood from the Board. If I'm wrong, please, correct me. This
is the very thing that we've been .pressuring the teacher's contract about,
and unfortunately, we didn't get them to pick up anything on the teachers,
except the new ones, who are the 'lowest paid, which is a crime. So, unless
this Town takes a long serious look at this part of the Budget our deficit
will only grow larger. I offer you the follow i ng suggestions for your
consideration in ,respect to the Budget for next year. Number one, reduce
each Town department's budget by 5 0 or 10 o I and see how well the
department heads handle their management positions. An example of that
would be the Governor of New Jersey, who has twice since being elected
reduced the tax rate in the State of New Jersey., So, apparently there is
room where it can be done. This should include scheduling vacation times
only when the slowest time of the year is present in that department, and
this is very important in departments such as 'the Police and Highway.
Number two, look at having pedestrian crossings in the hamlets. All autos
must stop the pedestrian's right of . way. It's) successful for years in
Patchogue, and I believe, in Southampton in the business districts. This
could eliminate the hiring, training, and clothing of probationary Police,
and/or so called rent-a-cops. Except for the summer's two months the
regular Police Department can easily take care of the churches, parades,
and special events traffic. Number three, with ithe increase 'in the labor
saving machinery ask the Superintendent of Highways to search out ways to
reduce his employee count, through attrition, not layoffs, and hire, if
necessary, part-time help. If all Town employees gave back a little extra
for their increased pay level, then through attrition we could downsize
Town government, and thereby reduce the taxes.) Number five, one need
only to look at the amount of closed shops, and) there are many closing,
more closing weekly. Right here in this hamlet is I a perfect example. This
is only the start of the best business months of the year, and they're
closing before the summer season starts. I suggest we are in big trouble
economically in Southold Town, and let's not forget school taxies, that are
JULY 12, 1994 4 1 7 .
driving people right out, of here, . also. The amount of homes .for sale in
Southold Town .today is frightening. As an aside, I recently took a ride
down to Nassau Point- considered one of the better areas of the town, and
the amount of for sale signs in Nassau Point in the beginning of the
summer is astronomical. Number six, profit making companies today are
surviving only through downsizing and becoming more efficient. If we
don't do the same in our town government, and our school district we are
doomed. I thank you for allowing me to present these suggestions to you
today. Hopefully, you will find something in ,my suggestions, . that will
help all of us, the taxpayers of Southold Town. I thank you very much.
SUPERVISOR WICKHAM: Thank you. I'd like to just very briefly respond
in_- two ways. - The first is, on the contract of the CSEA there was a
provision in that contract whereby they pick up, I believe, thirty percent
or a third of the increase in the medical costs, and we fought hard . for
that, and to me, and I think. the rest of us on the Board, it was an
important principal. The second comment I would make is that I'm pleased
and grateful to hear your comments. Those are the comments that this new
Tax Committee, a committee designed to look at property taxes, and how to
contain spending, and consequently taxes, should be looking at, and I'm
grateful that you're serving on that committee, and that you and others
will really examine, and put on a spotlight on these issues, and help those
of us on the Board, help the school boards, help the commissioners of the
other taxing districts in the town to make the most appropriate decisions
we can on taxing and spending. I say appropriate decisions, because it's
not just a mindless. slashing of budgets, either. There are quality of
services, quality of school, educations, etcetera, that are very important
to this town, but at the same time the• issues that you have brought to our
attention are very important, and to the long term economic viability of
it, so I'm grateful ,for it, and Phil, I'm pleased that you'll be serving on
that committee. Yes, sir?
F. M. FLYNN: I'm F.M. Flynn, again, a resident of the Town of
Southold, and I trust the Board will indulge my ,temerity in making some
critical remarks, and suggestions. I am a fairly assiduous reader of the
local papers, notably the legal notices. The Traveler-Watchman, in
particular, is the official newspapers of Southold, Southampton, and
Riverhead, as well as two incorporated villages. It struck me that the
notices, and analysis of these notices, revealed that Southold had -at least
25 times, or more, the number of variance applications than those
originating in other towns. I suggest that the Board might well employ an
intern to check the newspaper morgue to verify my allegation. Two Boards
in town issue variances. Neither seems aware of the Enabling Act's
admonition that the right to grant variances be sparingly exercised in rare
instances. I submit that the same principle applies to the Town Board with
the request to zoning changes and amendments to the Town Code. With
specific references to variances, the law dictates specific burdens of
proof for applicants. This legal requirement has been consistently ignored
by both Boards. In the case of area variances, in particular, there has
been a covert rezoning of Southold in the guise of granting variances.
The ZBA has a' exceeded the limits of it's authority, and displayed either
ignorance, or disregard of the law, perhaps influenced by the hired guns
who regularly appear before it. It comes as no surprise that, because of
Zoning Board's presuming on powers confined to legislative bodies, many
states have, eliminated use variances for the reason that they constituted
defacto zoning changes. In light of the proven "laxity of both Boards in
granting variances, it is no wonder that Southold has been inundated by a
spate of variance applications. The lack of enforcement of standards by
both Boards is typical of the laissez faire attitude prevailing in
Southold with respect to enforcement. It has resulted in the exploitation
of this attitude by owners of marginal properties to their economic benefit
and at the expense of their neighbors. I believe there is a lesson to be
learned from this by the Town Board with respect to its own zoning
decisions. With all due respect, it is my opinion ,that the Town Board, in
it's deliberations, and it's adoption of some Task Force recommendations,
has disregarded the fact that zoning decisions, and changes in the Town
Code, represent a zero sum equation. Cain equates with loss. Zoning
decisions, with their concomitant effects on value, are presumably based
upon informed: actions, both the legislative body and those who, in buying
property, are apt to be affected thereby. Informed purchasers of real
property make decision based upon their confidence in a- balifnce of land
418 JULY 12, 1994
usage and in the integrity of the Zoning. Code. I believe the Town
Attorney will confirm that- purchasers of real property acquire therewith-
the accepted legal concept known as the Bundle of Rights. Deprivation of
any of these rights imposes financial loss on property owners. This
principle is recognized, to my personal knowledge, in condenmation
proceedings where such loss is treated as compensable damage resulting as
a consequence of legislative action. Legal precedent recognizes that there
is a hierarchy among zoning .districts, and that residential districts are
to be the most protected. This represents further reason that the Town
Law specifies that zoning be by districts peculiarly suited for a
particular_ use. Town Law also enjoins a legislative body to preserve the
value of buildings. Actions by previous Boards have violated the clear
intent of the Town Law by literally destroying the concept of residential
zoning. The proposed minor B&B zoning represents a further evisceration
of residential zoning standards': Incredibly it is further, proposed that
other residents are to be denied their, inherent right of appeal to a
municipal agency. I would mean that this assault on the integrity of
residential zoning would condone certain owners to intrude admittedly
commercial activities into previously residential areas. This represents a
delegation of zoning decisions to individuals and as such an abrogation of
duties imposed on the Town Board exclusively by Town Law. Individual
owners could contrary to law create their own commercial zoning districts.
I am incredulous that it is proposed that such use be permitted as a matter
of right. What about the rights of others? The fact that neighbors might
object has been dismissed as a matter of little import. Further, these
neighbors would be denied the right to a hearing. This despite the fact,
that they face the lose. of- at least one of their precious rights recognized
by law. as part of the bundle of rights. The right to the quiet and
peaceful occupancy of a property is inherent in law, and it is proposed
that it be denied to such objecting owners without_ recourse. Does this
Board recognize that one of the attractions of property ownership in
Southold is the amenity of privacy and seclusion inherent in residential
districts? Even where one to concede that the future of this town would be
secured by the proliferation of the tourist industry, should not these
B&Bs be located on major thoroughfares in easily located larger older
homes, and not as a matter of right throughout the community? If there
were to be permitted in large, inaccessible, secluded areas where residents
have paid a premium for the very qualities of quietness, and seclusion.
Incredibly it was suggested to 'me by a member of the Board that anyone
who disagreed with the proposed changes in the Code had the option of
instituting a legal challenge. This, in my humble opinion, is a clear
demonstration of the public be dammed attitude that was the hallmark of the
previous Board, and which I had ' hoped the present Board had disavowed.
In closing,. I believe that the saddest words an opponent of legislation may
hear is the expost facto concession, you were right. I devoutly hope I
shan't be accorded the scant solace of such an admission after the damage
has done. Thank you.
SUPERVISOR WICKHAM: Thank you, Frank. We'd welcome a copy of your
notes.
HARVEY BAGSHAW: Good evening. My name is Harvey Bagshaw. I
enjoyed this gentleman's comments right here. That was a perfect
presentation. We have to do something about saving taxes, and I came
before here today, that to tell you that your Police Department has
instituted a plan on saving money in repairs of their vehicles. I was
fortunate enough last week to have the winning bid on repairing the Police
cars, and I was instructed by the Chief to use used parts from a disabled
decommissioned vehicle, and to credit 800 of the value of those parts back
to the Town, so this led from a $1,400.00 winning bid. to a touch of $900.00
by a program that was told to me by the Police Department. As a matter
of fact, I have the bills here in front of me, which are unpaid.
SUPERVISOR WICKHAM:: May I ask a question? Wouldn't it normally be
your job as a vender to structure your bid accordingly. I would have
thought that that would be the way to structure it, rather than the Chief
Instructing you to take eighty percent off for used parts.
HARVEY BAGSHAW: By using your parts. By using the Town's parts.
In other words, we use parts. . .
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JULY 12, 1994 419
SUPERVISOR WICKHAM: Why couldn't you take ninety percent off?
HARVEY BAGSHAW: Because, thank God, the Chief knows that I can't
operate on a regular freebie - clause, or anything. Basically, twenty
percent is a handling fee for going down to the County, taking the parts
off a disabled vehicle, bring them back to the shop. I'm happy with that.
(tape malfunction).
SUPERVISOR WICKHAM: Secondly, I'm sure he understands the expression
of concern here, and I'm going to reaffirm, or listen again, to what he
told us today, and that is where their preferences are. Third thing I want
to do is as this gentleman in the red shirt asked, is to find out -about the
time period within which we can pose objections if necessary.
BERNADINE BAUSER: The problem with that expiration issue, this will
be the fifth house within three miles.
SUPERVISOR WICKHAM: We'll explore that with them, but I'm not sure
what standing, and dgfinition saturation has, but we'll explore that. I'd
like to turn to the Board. Maybe members of the Board would like to
speak? Joe?
COUNCILMAN TOWNSEND: John Quinlin, who's a member of the North
Fork Aids Network asked me to relay to the public that there's going to be
a discussion on ,HIV and Aids prevention and education as in specifically
affects our community at the Human Resource Center on Thursday, July
21st, 7:30 P.M. That's at 750 Pacific Street in Mattituck, New York.
Aids and HIV infection is an increasing.-problem all over the world, and we
are not excluded from that. It's increasing in all sectors of our
community. There was show on Senior Citizens on Aids on one of the
networks last week. We know it's entering. the heterosexual community. It's
been in the homosexual- community, and in certainly in the—most people
that are drug users. We have elements of all those communities in our
town, and I think it's important that the community be educated as to it's
presence in the community, and what we can do to prevent it.
SUPERVISOR WICKHAM: Thank you, Joe. Louisa? Ruth? Joe?
COUNCILMAN LIZEWSKI: I'd like to say, Mr. Flynn, I agree .with you
on the privacy of neighborhoods on these B&Bs totally.
SUPERVISOR WICKHAM: I'd like to respond just very briefly on two
matters of budget and money, because this is an issue that has been
brought up on several occasions. I think all of us on the Board would
have exception, or deeply concerned about the spending of the budget and
the tax picture. I'd like to talk about two issues that have come to my
attention in the. last few weeks, that I'd just like to share with you, and
be sure people have a clear understanding of. The first one has to do
with a contract for handling the Town's garbage, solid waste, and
disposing of it away our Landfill. In the last several months the Town has
spent quite a substantial amount of time preparing a set of documents that
went to bid. Just last week we finally signed those contracts, that are
basically contracted with several firms to dispose of our garbage for at
least three years, and maybe as many as five years. But, the point that I
want to outline to you today is how that contract got written. Initially
we looked at hiring the consultants who have done a lot of work for the
Town to prepare our Solid Waste Management Plan, and to do a lot of other
work to do with the Town garbage business. They quoted us a price of, I
believe, was $27,500.00 to do all the research, the background, the legal
boiler plate, the preparation of the books, to oversee this bid process in
which private firms would come back to the Town with their bids, and we
ultimately would have selected it. The point I wanted to make to you this
afternoon was after quite a bit of discussion on the Board, and after we
investigated very carefully what we could, and couldn't do, we asked the
Solid Waste Task Force of the Town, which Alice Hussie chairs, and
Alice, by the way, spent a very substantial amount of-her time, hundreds
of man hours of her time, and woman hours of time, by our own Task
Force gratis, at no cost, coming up with solid bid specification.
Ultimately those contracts were bid out, and last week we signed them. In
this manner we saved some $27,500.00, and Alice, I'm particularly grateful
for your role in this. That's sort of on the expense saving
420 JULY 12, 1994
side. We, also, reach out and try to attract additional revenues where we
can, and I just wanted to outline to you that in the last few days .New
York State has announced the award of a $75,000.00 grant in support of
tourism promotion for all of the East End towns, not just Southold. This
is a grant that was possible because, and I think only. .two,.reasons. One
is that the five East End towns got together, and put together a campaign
collectively. If any one town had tried to do, I don't think it ever would
have worked. We never would have attracted that support. The second
thing about it is that the person who really wrote the grant, and made it
happen, it is the Director of the Southold Town Tourist Promotion
Committee. She's the person who the committee engaged last . year, and I
just want people to understand that there is some payoff, there is some
benefit, to the expenses, and to at least some of the personnel costs, that
the Town has adopted in recent years. So, between those items there's
about $100,000.00 of savings, and income that I think will have some
benefit to us. This tourist promotion campaign is not predicated in the
peak summer months. The idea is to spread the benefits to the earlier
Spring and the later Fall months in order to make a more even, or
balanced, program out, here. Tourism is important to the Town, not just
because we want to see people coming from outside, and buying stuff, and
going back, but that a lot of these tourists, who visit here for the first
time, like the place. They like it in part, because of the privacy, that
Frank Flynn spoke about. They like it because. our tax rates, while
high, are probably lower than some of our neighboring towns, and for a
range of reasons of open space, that Frank Carlin spoke about. All of
these are attractions. But, what it' ultimately results in, frequently, are
people who come back a' second and third time. Sometimes they buy a home
here. They enter the economy. They buy things, and become part of our
town. That's the benefit, the long term benefit, of a well conceived
tourism promotion program. With that little sermon, are there any other
comments of the people on the Board? (No response.)
Moved by Councilman Townsend, seconded by Councilman Lizewski, it
was
RESOLVED that the Town Board meeting be and hereby is adjourned at
6:05 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.
/J'tu' dii�h T. Terry
Southold Town Cler
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