HomeMy WebLinkAboutTB-01/10/1995 .3 3 4-. - ---_ --- - --=
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SOUTHOLD TOWN BOARD
JANUARY 10, 1995
WORK-SESSION
Present: Supervisor ' Thomas Wickham, Councilwoman Alice J. Hussie, Councilman
J.osep.h._L.--._Tow.n.s-end,.-- .Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. Absent: Councilman
Joseph J. Lizewski.
9:15 A.M. - Solid Waste: Solid Waste Coordinator James Bunchuck was present
during these solid waste discussions.---Supervisor Wickham submitted a proposal to
the Town Board. to amend a February, 1993, Town Board resolution proposing an
exemption from Part 360 of the Environmental Conservation Law regarding landfill
closure. The Board reviewed and edited the proposed resolution, and it was placed
on the agenda for a resolution (no. 16) .---A letter from Jeanne Hunter, Main
-Bayview Road, Southold, asking for a waiver of the tipping fee. for the disposal of
garbage strewn along Main Bayview Road. Although Councilwoman Hussie and
Justice. Evans ' opposed, the waiver as precedent-setting, and could lead to a flurry
of such requests, 'Councilman Townsend asked that a resolution, with conditions,
be placed on the agenda (no. 17) .----Town Board received a copy of a NYS-DEC
permit for North ! Fork Sanitation Co. to operate a transfer station at Cox Lane,
Cutchogue. There is pending before the Board an application from North Fork
Sanitation for a .'Town permit for the same purpose. It was agreed that_ a meeting
should be scheduled with Roy Schelin, owner of North Fork Sanitation, and his
agent, Warren Sambach, to discuss proposed - conditions to be placed on the
permit.----Town 'Attorney Dowd brought the Town Board up to date on the progress
with , regard -to' the .Town's stipulation with the NYS-DEC on the landfill closure.----
Solid Waste Coordinator spoke about the possible acquisition of a leaf shredding
machine- which-he-is.-investigating.
10:40 A.M. - Planning 6 Zoning: Discussion was held with regard to a public
awareness. campaign on the recent sign- regulation changes. A proposed brochure
"Southold Signs" was reviewed and edited, and will be redrafted and again submitted
to Board members for review. A proposed dispay ad ."Does Your Sign Need a
Permit?" will soon be placed in local newspapers (resolution no. 18) .----Councilman
Townsend- . brought the Board up to date on a January 3rd - Planning and Zoning
Committee meeting. An Advisory Architectural Review Committee has been proposed,
which would report to the Planning Board on all applications that involve site plan
review. Planning_ Board Chairman Richard Ward supports the- proposal, as he feels
there are too, many applications being received with inappropriate design that could
probably have been corrected by early input from an architectural review committee.
This' matter will' be brought before the Code Committee once Councilwoman Oliva and
Town Attorney .Dowd have researched materials available for this type of advisory
committee,.----Another matter taken up at the same Planning and Zoning Committee
meeting - was, a discussion on the removal of all reference to public water from the
zoning 'code: This would - not require major change except in the bulk and parking
schedule. . .The HD zone density is determined by the availability of public water.
Planning Board Chairman Ward recommended that the HD zones be replaced by a new
R-20 zone 'and a new HD zone be created by a Transfer of Development Rights
program. The . Town Attorney will prepare a draft that would delete all reference
Ao --water- and---sewer---in - the zoning code. Councilman Townsend advised that Board
of Appeals member Robert Villa,' and Planning Board member Mark McDonald have
volunteered to work with the Suffolk County' Water Authority to develop a local water
plan that would focus on criteria, for service and protection of water quality and
rural integrity. , Town Board supports this proposed approach.
JANUARY 10, 1995 335
11 :30. A:M. Land` Preservation Committee Chairman Joseph Gold met with the Town
Board to'. present, a , conceptual" development plan of the William Baxter (Fort
Corchaug) property.. After studying the plan and considering the concept, the
Town Board agreed -with the Land Preservation Committee's recommendation to
acquire the. 37.49: ecre.:.Far.t Corchaug parrcel,..-for: $89!9,000, .subject to the approval
of the Planning Board.
11 :55 A.M.. - 'Personnel.: Town Board set 1 :30 P.M. , Tuesday, January 17th, at
the.:.Disposal, Area, for, interviews of part-time Data Entry Operator , applicants.----
4:00 ; P.M.;; Thursday, January 19th was set for second-round interviews of
applicants -for the. Planning Board and Board of Appeals.
1205 P.M. - .Finance: Supervisor Wickham presented a draft letter to Southold .
Town. grant recipients outlining how the Town intends to disburse its grants during
1995, and the changes the Board anticipated putting in place for 1996. Minor
changes were made to the proposed letter, and the Supervisor will redraft and
--resubmit-to=-the--Board-for review.'
12. 10 P.M. - .Recess for lunch.
1':40 P.M.-. - Work Session reconvened and the Town Board entertained questions from
elected officials and department heads with regard to the proposed new Code of
Ethics. Assessors.- Scott Russell ;and. Darline Duffy, Town Justice William Price, and
Tax Receiver George Sullivan"were present. Although this law does not affect Town
Justices (other than Justice Evans in her dual role as. a Town Board member) Justice
Price sat in on the discussion,,:.as the Assessors and Tax Receiver posed several
questions. . A public hearing on this Local Law will be held at 5:00 P.M. , Tuesday,
January 24, 1995.
2:10 P.M., _- Supervisor . Wickham advised the Board-Ahat Suffolk County is prepared
to go .. forward with: the E911 system throughout the County and can then avail
themselves-,of the surcharge reimbursement. He asked the Board to amend a prior
resolution concerning , application by the Town for the reimbursement of the
surcharge, .to that; of* sLfpport:of. a pending resolution of the Suffolk County
Legislature ' notifying the State of New York that it is the County's intention to
implement. a County=wide E911 and. to set a date to begin collection of a monthly
surcharge related to the costs of this implementation (resolution no. 19) .----Super-
visor Wickham presented . a proposed layout . for. interdepartmental reorganization,
which--calls.-for--the--relocation of the Board of Appeals' office to the east end of Town
Hall; .and. placement, of all Building, Planning and ZBA staff in one office. Several
employees of.' the- affected departments were in attendance during the discuss, and.
expressed- their'..feelings about the ' proposal, which could result in a reduction of
the current space now assigned to those departments.----The next item for
discussion "was to obtain proposals from three local businesses who are capable to
demolishing the Strassner unsafe building on Main Street; Greenport. This building
was the subject of an, unsafe building hearing, and the owner failed to demolish the
building as ordered.----Supervisor Wickham briefed the Board on the Business
Study. Stephen Jones, , Director of Suffolk County Planning, has offered to
designate" some to work with the Town, if the Town will provide a computer. North
Fork Bank, who 'had offered to contribute to the study, has agreed to pay for the
Computer...' .There would then be an agreement between the Town and Suffolk County
to provide.the services at $1 .00, plus a computer.
3:10 .P.M. —Town, Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
_EXECUTIVE SESSION
_3.:.1.5:-__P__.-M_.._..-_On__moti_on__of. Councilwoman . Hussie, seconded by Justice .Evans, it was
Resolved that the Town Board enter into Executive 'Session. Vote of the Board:
Ayes: Supervisor Wickham, Councilwoman 'Hussie, Councilman Townsend,
'Councilwoman , Oliva, Justice Evans. Also present- :- Town Clerk Terry, Town
Attorney Dowd.----Town Board discussed pending litigation and personnel problems.
3:45 P.M. Work Session adjourned.
336
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on January
10, 1995, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
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
Absent: Councilman Joseph J. Lizewski
.SUPERVISOR WICKHAM: Do I hear anyone moving the approval of the bills?
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 $92,059.58; General Fund Part
Town; bills in. the amount of $34,577.57; Nutrition 'Fund bills in the amount
of $1,002.49;. Highway Fund Whole Town bills in the amount of $10,201 .07;
Highway Fund Part Town bills in the amount of $10,903.34;
Lighting/Heating Capital A/C bills in the amount of $2,300.00; Employee
Health Benefit Plan bills 'in the amount of $41,963.91; Fishers Island Ferry
District bills in the amount of $106,028.31; Refuse and Garbage District
bills in the amount of $200,605.44; Fishers Island Sewer District bills in
the amount of $162.50; Fishers Island Ferry District Agency 8 Trust bills in
the amount of $927.45.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
___._.-_This-__resolution-was-- duly ADOPTED.
Moved. by- Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED . that the minutes of the December 27, 1994, Town Board
meeting be and hereby, approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the next regular meeting of the Southold Town Board will
be held at 4:30 P.M., Tuesday, January 24, 1995, at the Southold Town
Hall, Southold, . New York.
Vote �of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Tonight, you presumable all got copies of the
agenda. . We have several proclamations, that we'll' be doing in a couple of
moments. The. Board has received a number of reports, and we had a series
of items for discussion this morning, and this afternoon, and then we'll be
taken up a series of resolutions. After that at eight. o'clock we have a
public hearing on. a no parking proposal here in Southold, and that basically
is our meeting tonight. Before we get into the resolutions, and the
discussion items, it's my pleasure to take up a proclamation. We have three
people here tonight, three proclamations, and I would just like to introduce
them by saying that it isn't often that we ' have a sense of heroism, or
heroics in the Town of Southold. I guess we've come probably as close to
it, as we'll ever come tonight, not as close as we'll ever come but close to
it. . I'd like to, when we finish the proclamation, I'd like to ask the two
people that. are here with us tonight, if they would like to describe a
little bit, maybe not the heroics, but describe a little bit of what they
did exactly one month ago today for which we're issuing this proclamation.
So, if you'd like to step forward. I'll step down. These are two gentlemen
from the 106th Rescue Group of the Air National Guard, who exactly one
JANUARY 10, 1995 337
month ago tonight, were on a flight out of the Westhampton Airbase on a
rescue mission out over the Atlantic. I think you all read about it. You
probably know more about it than I do. I'd like to give this proclamation,
and then I. hope they will spend just a few minutes to outline to the group,
what it really meant, and what you actually did in that endeavor. Actually
. there are three of them here.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
WHEREAS, the sanctity and value of human life is treasured and honored as
a basic 'tenet of life, and it is in the highest pursuant and maintenance of
that believe that a ' person should expend all of his knowledge, ability and
toward_ that._goa1, even at risk to his own life and welfare; and
WHEREAS, LIEUTENANT COLONEL EDWARD FLEMING, a member of the
106th Rescue Croup of the Air National Guard, based at Westhampton
Beach, LLong Island, and a resident of Cutchogue, in the Town of Southold,
exemplifies the character, ability, knowledge, selflessness, courage and
devotion . necessary to meet the challenge when as a member of the 106th
he rushed with his group to Nova Scotia on the 9th day of December,
1994, to participate in a dangerous search mission for crew members of a
sunken Ukrainian container ship, the Salvador Allende; and
WHEREAS, braving 30 foot seas, 50 miles per hour gale-force winds, and
in-air refuelings, LTC FLEMING contributed his unique skill and
expertise, at risk to his own life, in this unique rescue mission; now,
therefore, be it
RESOLVED; that the Town Board of the Town of Southold hereby commends
LIEUTENANT COLONEL EDWARD FLEMING for his meritorious actions
and expresses its pride in the quality and dedication of his services as a
member of the 106th Rescue Group of the Air National Guard.
DATED: January 1,0, 1995'
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This. resolution was duly ADOPTED.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
" WHEREAS;-"the-"sanctity and value of human life is treasured and honored as
a basic .tenet of life, and it is in the highest pursuit and maintenance of
that belief that a person should expend all . of his knowledge, ability and
efforts toward that goal, even at risk to his own life and welfare; and
WHEREAS, MASTER SERGEANT WILLIAM BURKARD, a member of the
106th. Rescue. Croup of the' : Air National Guard, based at Westhampton
Beach, Long Island, and a resident of Mattituck, 'in the Town of Southold,
exemplifies the character, ability, knowledge, selflessness, courage and
devotion necessary to meet the challenge' when as a member of the 106th
he rushed with his group to Nova Scotia on the 9th of December, 1994, to
participate in a dangerous search mission for crew members of a sunken
Ukrainian container ship, the Salvador Allende; and
WHEREAS, braving 30 foot seas, 50 mile per hour gale-force winds, and
in-air refuelings, MSG BURKARD contributed his unique skill and
expertise, at risk to his . own life, in this unique rescue mission; now,
therefore, 'be .it
RESOLVED, that the Town Board of the Town of Southold hereby commends
MASTER SERGEANT WILLIAM BURKARD for his meritorious actions and
expresses its pride in the quality and dedication of his services as a
member of the. 106th Rescue Croup of the Air National Guard.
DATED: January 10, .1995.
Vote . of the .Town Board: Ayes: Justice Evans, Councilwoman Oliva,
- -----Councilman—Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Supervisor Wickham, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold wishes to pay tribute to
the brave men of the 106th RESCUE GROUP OF THE AIR NATIONAL
GUARD: and
WHEREAS" on December 9, 1994, the Salvador Allende, - a Ukrainian
container ship, with 31 crew members aboard, sunk in heavy seas more than
600 miles off the coast of Nova Scotia; and
WHEREAS, . the only para-rescue unit in the Northeast capable of performing
long distance helicopter rescues requiring airborne refuelings is the
106th .RESCUE GROUP OF THE , AIR NATIONAL GUARD, stationed in
Westhampton Beach, Long Island; and
338
I NUAPY 10, 1995
WHEREAS, the .106th AIR RESCUE GROUP were rushed to Nova Scotia to
undertake one of the most dangerous and dramatic rescue efforts in their
history;' with 'the para-rescue men braving 30 foot seas, 50 mile per hour
gale-force winds, and in-air refuelings of the rescue helicopters; and
WHEREAS, the 106th displayed heroic. efforts as they tirelessly searched
the turbulent seas for survivors; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby commends
the courageous and dedicated men of the 106th AIR RESCUE GROUP OF
THE AIR NATIONAL GUARD, and proudly recognizes their achievements
____.___.___befor_e__the_ residents of the Town of Southold.
DATED: January 10; 1995.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: On behalf of the Town Board here, it's pleasure to
give this to the National Guard, and for you to have the opportunity to be
with us tonight. I'd be pleased if you could just have a few words, and
explain just briefly about what went on that night. I'll just leave you to
carry on, and just explain things the best you can..
%LIEUTENANT COLONEL HILL: I'd like to start of, if I may, and I apologize
for being late. I thought we were going to have to send out a search and
rescue mission for myself. I am happy to be here, and say on behalf of the
men and women of the 106th Rescue Group, because it is community
support that we really need, and we support you as well. We are your local
community. based defense force, if you will, and we have some people with
us tonight, that are very important to our unit. Colonel Fleming here, he
would never tell you, and you would probably never find if I didn't tell
you, but he's probably one of the best qualified helicopter pilots in the
United State Air Force, if not in the world. We were fortunate to have him
to ' lead that..helicopter flight, that went out that day, and I'll let you
tell about-it;-if-you would.
LIEUTENANT COLONEL FLEMING: I • appreciate it. I hope I don't waste
everybody's time, because there's zoning to be taken care of, and
everything, but I think somebody said, you get fifteen minutes of fame, and
think on .this particular one I got a couple fifteen minute shots. It's
pretty important to me, because, or it's important because the recognition
is coming from my neighbors. This to me is the highlight of the whole month
since the mission. Basically what happened, we knew nothing about the
sinking of the Salvador Allende, when we went into work on a Friday
morning. We went in. We started preparing for a local training flight. We
found out, some people came down .the hall, and they approached me, and
they : said, there's a ship sinking about eleven hundred miles out to sea,
which is a tremendously long haul for a helicopter, and we started talking
about it, and they asked me if I though we do it. I said, I think we can,
if we have two tankers, and a spare, and we started putting it together,
got Colonel Hill involved, and we launched. It turned out that we had to
pre-locate up in Nova Scotia. We launched the next day first light, and
we were. basically strapped to the helicopter for about fifteen hours. It's
not like in a 747, when you can get up and walk around. We don't have any
water, we don't have. .you don't have any facilities. You just lock yourself
in. You're strapped, and slowly, but surely, your body starts to conform,
-" and -melt--to--the-shape of the H60. It's a helicopter that's made for two
hour sorties, but we pushed it out fourteen hours, fifteen hours, and would
have been very, very grateful if we could have come back with twenty or
thirty people, but the ocean in the middle of December, it's a very
relentless place. So, it's turned out that two people were saved. We
recovered one, and a ship recovered another, and it's mildly ambivalent,
that we could not locate anybody else, but we stayed as long as we could,.
we pushed it as long as we could. We pushed the machines as long as we
could, .and we had some difficulty getting ourselves back. All and all we
were sixteen hours in the air. It required ten in-flight air refuelings.
If we missed any of the in-flight area fuelings, as it turned out in the
end, we wouldn't have made. it back ourselves. So, I think we gave it our
best shot, and we had every intention of coming back with everybody, but,
again, the ocean isn't that kind in the winter. Anyone have any questions?
JANUARY 10, 1995 339
SUPERVISOR WICKHAM: Just it's a great pleasure to have you with us
tonight. It's a good way to start our meeting. I told them if they had more
.exciting things to do tonight, there was no necessity of staying around for
the'rest of our meeting, but of course we'd be happy to have you.
I. REPORTS.
1 . Southold Town Recreation Department 1994 Annual Receipts and
Disbursements report.
2. Southold, Town Clerk's Monthly Report for December, 1994.
3. Southold Town Clerk's Annual Report for 1994.
4. Southold Town Planning Board Monthly Report for December, 1994.
5. Southold Town Building Inspector's Monthly Report for December,
1994.
6.Southold Town Recreation Department Monthly Report for December,
1994.
7. Southold Town's Monthly Program for the Disabled for December,
1994.
8. Southold Town Justice Tedeschi's Monthly Report for December,
1994.
9. Lawrence Healthcare Town Monthly Healthcare Report for
December, 1995.
10.. Southold Town Trustees Monthly Report for December, 1994.
II. PUBLIC NOTICES.
1 . Corps of Army Engineers, New York District, application of Johanna
Smith to resheath existing bulkhead, remove an existing bulkhead, and
excavate to expand existing boat basin, dredging with ten year maintenance.
-- Project--located- in—Haywater Cove, Cutchogue, New York. Comments to be
received by January 17, 1995.
2. Corps of Army Engineers, New York District, application of New
Suffolk Shipyard to replace/construct bulkheads, dredge with upland
disposal, install pier assembly. Project located on School House Creek,
Shelter ,Island Sound, New Suffolk, New York. Comments to be received by
January 17, 1995.
3. New York State Department of Environmental Conservation, Notice of
Complete- Application of Nina A. Stevens to subdivide a 4.5 acre parcel into
two buildable lots. Comments must be received by February 3, 1995.
4.. . New York State Department of Environmental Conservation, Notice of
Complete Application of William Monos to construct a single family
dwelling, -garage driveway located on Lilly Pond, Soundview Avenue,
Southold, New York. Comments to be received no later than February 2,
1995.
5. .. New York State Department of Environmental Conservation, Notice of
Complete- Application of Johanna Smith to resheath timber bulkhead,
excavate upland area, construct bulkhead, and dredge to expand the boat
basin. Project is located on Mason Drive, Cutchogue, New York. Comments
to be received no later than February 2, 1995. ,
Ill . COMMUNICATIONS. None.
IV. PUBLIC HEARING.
8:00 P.M., on a proposed "Local Law in Relation to Gagen's Landing
Road."
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We had a series of discussions today, during the
morning and the afternoon, on a number of items. It's our custom to review
a few of them, if they're on as resolutions, and there's just one that I'd
like to briefly comment. The Board today took up the possibility of
bringing together the . Planning Board, the Zoning Board, and the Building
Department into one common are here in Town Hall. Architecturally, there's
still some questions to be worked out, in particularly questions about how
to take care of the need of filing, and filing cabinets. But, the purpose
of it .is to make Town government more user friendly, one place where the
public ' can come in to transact all it's business with the Town agencies
concerned about planning, zoning, building permits, and all of those kind of
things, so. that those people can also work efficiently and closely together.
340 JANUARY 10, . 1995
We still have a few details to work out. It's not something we have a
resolution on tonight, but it is something that I think is in the interests,
both of' efficiency in Town government, and also making the town accessible
as possible to the public. With that brief comment I can say, that we have a
series-.--of-- resolutions 'before us tonight, and it is our custom to entertain
comments, or questions, from the audience for up to five minutes on any one
of the resolutions, that's before us tonight. I think you've got copies of
the agenda. We'd be pleased to hear from anybody who would like to address
the Board on any one of these resolutions at this time.
FRANK M. FLYNN: Good evening. I'm F.M. Flynn resident of Southold.
I address my remarks to the proposed resolution number 11, the hearing on
the Bed and Breakfast. I believe that there is no question, but that is
easier for town residents to attend evening sessions, rather than afternoon
sessions, and I believe a matter of such importance to the future of the
town -should be scheduled for an evening hearing, rather than an afternoon
hearing. . Thank you.
SUPERVISOR WICKHAM: Thank you. Is there anyone else?
ED SIEGMANN: Ed Siegmann. I thought maybe you could give us an
explanation for 12 to 15, those four items that talk about overexpended
Budget lines? Could you give us an outline?
SUPERVISOR WICKHAM: Very briefly, there are four different budgets of
the Town. There is the General Fund Whole Town, General Fund Part
.-__._-_._Town,._-and_Highways Whole Town, and Highways Part Town. At the end of
the year., there are inevitably a few lines that are overdrawn, and other
lines that are not fully drawn. This is a final reconciliation of the
accounts, so that to take money from one of the lines, and still have money
to cover some of those that have. It's not to go into deficit spending for
the whole time. Yes, sir, Mr. Carlin?
FRANK CARLIN: Frank Carlin, Laurel. I'd just like to comment again
on the afternoon meeting we have. I made about three of them the last past
meetings, and another thing is to have the agendas ready on time. The last
one was, . we began the meeting, and the secretary was only handing out the
agendas. � I want to read this here letter, that was sent out, on item
number two, from this letter the United Southold sent out a week ago. Item
two here, it says the Board, quote, the Town Board agendas always are
ready the day before Tuesday's meetings. You're way off on that one.
These aren't even ready before we start the meeting.
SUPERVISOR WICKHAM: Let me respond to that. I think you're probably
right, probably not right. We do have an agenda prior to the meetings.
Usually on Friday before a Tuesday meeting, that we circulate to the Board.
That's the agenda that. assists the Board in getting it's act together. As to
the detailed agenda with every resolution on it, a lot of those resolutions
only emerge during the Work Session of that day, even sometimes late in the
afternoon, so we finalize the last list late in the day of that meeting
itself.
FRANK CARLIN: But, Tom, you can't expect people to have time to read
as high as maybe thirty-five, or forty resolutions, ,when you're starting the
meeting, and they're only being handed out. Now, I suggest that on a
afternoon meeting, that you hold your Work Session the day before. It
might be inconvenient for some people, but that's what you're getting paid
for, and at least you'll have enough time to have the agendas out, so the
people have ample time to read them.
SUPERVISOR WICKHAM: The real difficulty for us, and for the Town
Clerk, and others, is to prepare for a 4:30 meeting after a busy day. Maybe
what the Board should do, is reconsider, and have all evening meeting.
FRANK CARLIN: That's right. If you can't continue to vote, then go
back to the evening meetings, and it's a lot easier, I think, to have them
in the evening, where you don't have to interfere with your dinner, or
.whatever, you know. It was. like that at one time, and it worked out pretty
well. I would suggest that happen.
SUPERVISOR WICKHAM: We'll give some thought to those questions.
JANUARY 10, 1995 341
FRANK CARLIN: But, it did say here, I mean I don't want nobody to try
to talk me out this, that the Town Board agendas are always are ready the
----day--before--the-meeting. I don't want somebody to .say that this is wrong,
but you put it here, and you said what you delivered. So, that's one of
them I think I can cross off what you say you deliver. There will be more
as you go along through on this letter you sent out.
SUPERVISOR WICKHAM: ' Anyone else who would like to address the Board
. on any one of the resolutions, that is in front of us? (No response.) Would
any member of the Board like to begin with the first resolution?
1 •- Moved. by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates
the appointment of Rosemary Wysocki as a Day Care Driver for one (1)
hour each day, at a salary of $10.00 per hour, effective December 24, 1994,
however, . should her services be required, she shall perform her duties at
her regular rate of pay.
1 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
.This resolution was duly ADOPTED.
2.-:Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the purchase of bottled water for the Southold Town Justice Court offices at
--.-....Town_-.Hal
l.,' - ----
2.- Vote of . the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
3.- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
resolution no. 18, adopted on December 27, 1994, appointing Ann Amiaga
as a .Clerk in the Tax Receiver's office, whereas Ms. Amiaga declined the
position.
3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
4•- Moved by Justice Evans, seconded by. Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the
position of Neighborhood Aide at the Human Resource Center, and sets a
salary of $20,620.00 per annum for the position.
4•- Vote of the Town Board: ' Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman. Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
RESCINDED January 10, 1995, Resolution #2
-.5 _Move-d--_4y Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Marie D. Helinski, Assistant Senior Citizen Site Manager at
the Southold Town Human Resource Center, effective February 28, 1995, and
wishes Mrs. Helinski good health and happiness in her retirement years
ahead.
5.- Vote ' of the Town Board: 'Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
. 6.-Moved by Supervisor Wickham, seconded Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby .appoints
Dorothy Chituk as a Clerk in the Tax Receiver's office, effective December
30, 1994, at a salary of $6.35 per hour.
6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
342 JANUARY 10, 1995
---7.--Moved--by---Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement with Sam
Smith (youth basketball) for. the Winter 1995 Recreation Program, all in
accordance with the approval of the Town Attorney.
7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
8.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby terminates,
. effective immediately, the employment of Tilli Zurek, part-time
'Custodian for the Town Hall. Mrs. Zurek has failed to report for work
.since :November 23, 1994, and has failed to communicate her absence to her
immediate supervisor or Commissioner of Public Works Jacobs.
8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman.Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Councilwoman Oliva; seconded by Justice Evans, it was
RESOLVED: that the Town Board of the Town of Southold hereby appoints
Jesse Wilson as a part-time Custodian for Southold Town Hall, effective
immediate 20 hours per week, at a salary of $6.76 per hour.
9:- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED..
10.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the . Town of Southold hereby grants
permission to Senior . Accountant John Cushman and Senior Citizen Aide I I
Karen McLauglin- to attend a grants preparation workshop, sponsored by
the - New York State Office of Mental Retardation and Development
Disabilities, at St. Mary's Children and Family Center, Syossett, N.Y., on
Wednesday, January 11, 1995, from 1 :30 P.M. to 3:30 P.M.,, and the
necessary expense for travel, using a Town vehicle, shall be a legal charge
to the 1995 Budget.
•10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
11 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, ' there was presented to the Town Board of the Town of Southold,
ont he 13th day .of December, 1994, a proposed Local Law entitled, "A
Local Law in Relation to .Bed .E Breakfast Facilities"; and
WHEREAS, this proposed Local Law was referred to the Southold Town
Planning —Board--and Suffolk County Department of Planning, all in
accordance with .the Southold Town Code and the 'Suffolk County Charter;
now, therefore, be it
RESOLVED that the Town Board hereby sets 5:05 P.M., Tuesday, January
24, 1995, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this. Local Law, which reads as follows:
A Local Law in Relation to Bed & Breakfast Facilities
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The intent of this ordinance is to provide B&Bs as an
important housing base for . our tourist industry while maintaining the
residential integrity of ourcommunities. This section provides clear
criteria for B&B approval and establishes a simplified permitting process
1. Section 100-31 B(15) is hereby amended as follows:
-i
)a( Adequate Off_otFeet pa
j7
the use of the
farm+ .
JANUARY 10, 1995 343
,
CI 44
15 Bed-and-breakfast which has been issued a bed-and-breakfast
-permit by the Building Inspector: Said permit shall be issued for a
term of one year if the following conditions are met:
(a) 'A smoke alarm shall be provided on each floor and in every
quest room:
(b) The dwelling shall have at least two (2) exits and there shall be a
window large enough for emeraency egress in each quest room:
(c) The identification sign shall be no larger than two (2) square
feet:
_(d)_No accessory apartment as authorized by"Sec 100 31 B(141
hereof, shall be permitted in or on premises for which a bed-and-
breakfast facility is authorized or exists
2. . Section 100-61 A(2) is hereby added to read as follows:
L2� Bed-and-breakfast uses as set forth in and as regulated by Sec 100
31 B 15).
3. Section 100-61 B is hereby amended to read as follows:
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as-a special exception by the Board of
Appeals as hereinafter provided and, eXGGpt fnr the ,, w+ fah, iR
are subject to site plan approval by the
Planning Board:
4. Section 100-61 B(5) is hereby deleted in its entirety as follows:
And-h
5. Section 100-51 B(6) and Section 100-61 B(7) are hereby renumbered 100-
61 B(5) and 100-61 B(6) respectively.
6. Section 100-71A(4) is hereby added to read as follows:
•(3l Bed-and-breakfast uses as set forth in and as regulated by Sec 100 I
31 B 15
7. Section 100-71 B(4) is hereby deleted in its entirety as follows:
.
S. Section 100-71 B(5), Section 100-71 B(6), and Section 100-71 B(7) are
hereby renumbered 100-71 B(4), 100-71 B(5), and 100-71 B(6) respectively.
3 4-_4-._____J.ANU.ARY-.1-0-,_ 1.995 -
9. Section 100-81A(3) is hereby.added to read as follows:
'(3) Bed-and-breakfast uses as set forth in and as regulated by Sec. 100-
31 B 15 .
10. Section 100-81 B is hereby amended as follows:
B: Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of
appeals as hereinafter provided and, canon} fop herd and bFea fast
uses; are subject to site plan approval by the Planning Board:
11. Section 100-81 B(1) is hereby amended as follows:
(1) Any special exception use as set forth in and regulated by Sec. 100-
31 B of the Agricultural-Conservation District, except that wineries are
not required to be in connection with a vineyard, and except bed-and-
breakfasts.
12. Section 100-91 A is hereby amended to read as follows:
A. Permitted uses. The following are permitted uses and, except for
those uses permitted under Subsection A(1) apd A(2) and A(19)
hereof, are subject to site plan approval by the Planning Board:
13. Section 100-91A(19) is hereby added to read as follows:
19 Bed-and-breakfast uses as set forth in and as regulated by Sec. 100-
31 B 15 .
14. Section 100-91 B(5) is hereby amended to read as follows:
(5) Boarding and/or tourist homes as
set forth and regulated by Sec. 100-61 B(5) of the Resort Residential
(RR) District.
15. Section 100-101A(2) is hereby amended to read as follows:
(2) Any permitted use set forth in and regulated by Sec. 100-91A(3) to
04) 19 of the Hamlet Business District.
16. Section 100-131 B(13) is hereby deleted in its entirety.
(13) Bed and bFeaWast uses as set feFth in and as Fegulated by 1
17. Section 100-131 B(14) is hereby renumbered 100-131 B(13).
18. Section 100-141 B(2) is hereby deleted in its entirety.
(2) Bed and bFe I4. st uses as set fr,r}h in r+ as G-r�.rt�-r.
JANUARY 10, 1995 345
19. Section 100-141 B(3) is hereby-renumbered 100-141 B(2).
.20. Section 'I 00-274B is hereby amended to read as follows:
B. For all other applications, including those involving commercial
property, containing a single request [for example, an application
requesting one (1) variance or an application requisition a special
exception], the fee shall be four hundred dollars ($400.), except that
the fee for a special exception for a bed-and-breakfast shall be two
hundred fifty dollars ($250.).
21. 'Section 100-281 J(1)(i) is hereby added to read as follows:
B&B permit and inspection: one hundred dollars ($100.) for the initial
- - -----annual permit and fifty dollars ($50.) per timely annual renewal.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions.
** Underscore represents additions.
SUPERVISOR WICKHAM: I wonder if before we vote, we could have some
discussion. The suggestion was made, that it could be held at night time.
One 'way. to do that is to go ahead with the meeting as scheduled, but hold
it open, and have yet another, because it has already been advertised
TOWN -CLERK TERRY: No, the Bed and Breakfast has not.
COUNCILMAN TOWNSEND: That means we're going to have to put it off,
unless we schedule a hearing later on. Are we going to do this as
precedent, all public hearings being held in the evening from now on?
COUNCILWOMAN OLIVA: No.
COUNCILMAN TOWNSEND: Then I don't see any reason for doing it on
- .__.t ili f one;--if we're not willing to do it on all of them.
SUPERVISOR WICKHAM: Let's go ahead with it, as we have reviewed it
here. If we feel that there are additional people out there, we can always
hold it open for an additional period. So, let's go ahead as it's on our
agenda for. tonight.
11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
12.- Moved by. Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 1994 Budget to cover overexpended line items:
To: .
A1010.1 Town Board, P.S. $ 2,600.00
A1220.4 Supervisor, C.E. 1,000.00
A1355.1.Assessors, P.S. 6,000.00
A1440.1 Engineer, P.S. 600.00
A1490.1 .Public Works Administration, P.S. 100.00
A1670.4 Central Copying & Mailing, C.E. 4,000.00
A3310.4 Traffic Control, C.E. 500.00
A4010- lic4-Pub Health, C.E. 1,500.00
A5010.1 Superintendent of Highways, P.S. 2,500.00
A8090.4 Trustees, C.E. 500.00
A9055.8 CSEA Benefit Fund, Benefits 100.00
From:
A9901.9 Transfers to Other Funds $ 19,400.00
346 JANUARY 10, 1995
12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
13.- 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 General Fund Part Town to
cover overexpended budget line:
To:
B3020.1 Public Safety Communications, P.S. $ 5,000.00
B3020.4 Public Safety'Communications, C.E. 1,000.00
B3120.2 Police, Equipment 4,500.00
From:
_B9901_.9—Transfers from Other Funds $ 10,500.00
13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
14.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
- RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the Highway Fund Whole Town to
cover overexpended line items:
To:
DA9030.8 Social Security. Benefits $ 2,000.00
DA9901 .9 Transfers to Other Funds 4,500.00
From:
DA9040.8 Workers Compensation, Benefits $ 6,500.00
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
15.- Moved by Justice Evans, seconded by Councilman Townsend, 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 cover overexpended line items:
To:
Revenues:
SM3097 Capital Grant - NYS DOT $ 7,600.00
'SM4097 Capital Grant - Federal Government 80,000.00
Appropriations:
SM5610.4 Elizabeth Airport, C.E. $ 95,000.00
SM5710.4 Ferry Operations, C.E. 2,000.00
SN7155.4Theatre, C.E. 7,000.00
From:
SM5708.2 Terminal Project, Equip. $ 16,400.00
15.Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution- was duly ADOPTED.
SUPERVISOR WICKHAM: Resolution #16 is a amendment to a resolution, that
the Board passed in February of 1993, and I won't bother to go over the
original one, but just read the modified one, that we will take up now.
16.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, extensive hydrogeological studies have been conducted according
to New York State Department of Environmental Conservation protocol in and
around the Southold Town Landfill in Cutchogue; and
WHEREAS, these studies have not documented significant contamination
coming-from"the Landfill; and
WHEREAS, the Town of Southold has had in place a Household Hazardous
Waste Program since 1985; and
WHEREAS, Environmental Conservation Law Part 360 calls for capping and
closing technologies that currently cost in excess of $200,000 per acre, and
WHEREAS, the total cost of capping and closing the Cutchogue Landfill per
these regulations is likely to exceed $10 million, an amount exceeding the
total .annual taxes collected for Town Budgets; and
WHEREAS, no significa.nt environmental protection would be provided by this
investment; and
WHEREAS, the Commissioner of the New York State Department of
Environmental Conservation has authority to waive certain provisions under
the law; now, therefore, be it
JANUARY 10, 1995 34 7
RESOLVED that the Town Board of the Town of Southold hereby calls on the
Commissioner .of the NYSDEC to' grant to, the Town of Southold, and all
other municipalities operating landfills over shallow aquifers, waivers from
the full capping and closing requirements, subject to the following
provisions:
1 . The landfills no longer receive waste;
2. Exact closure steps be negotiated between the NYSDEC and the
Towns;
3. Annual DEC-approved hydrogeo samples monitoring shows no
significant groundwater contamination from the landfill; and
4._--These_.waivers can be revoked at such time as the DEC, following
specified procedures, confirms that condition (3) above is no
longer met.
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman,Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
17.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the
tipping fee for debris collected by the Jeanne & Paul Hunter family, Main
Bayview Road, Southold, under the following conditions.
(1) They notify the Disposal Area of the estimated amount of debris
to be disposed of.
(2) They notify the Disposal Area at what time and on what date they
will be delivering the debris.
(3) That they notify the Disposal Area of the license place of the
vehicle delivering the debris.
JUSTICE EVANS: I'm voting, no, with an explanation. I'm very supportive
of people doing volunteer work in the town, but I think the idea of the
Town waiving the tipping fee is opening up the door to a lot of other
requests to waive the fee, that I'm not in support of, so I'm voting, no.
COUNCILMAN TOWNSEND: Yes, with an explanation. We have a policy,
which when it is stated , it's to the benefit of the town, we will waive the
tipping fees .for projects, such as this. Now, granted that policy .refers to
groups, and organizations, nevertheless, that's a relatively small point,
and .if people are willing to spend the time to clean up our roads, I think
they should be encouraged. We're not talking about mattress springs, and
we're. not talking about engine blocks. We're talking about litter, paper,
and 1 think we ,should encourage this, and help, and if it becomes a problem
at that point, take action to correct it. That's why I'm voting, yes.
COUNCILWOMAN HUSSIE: I'm voting, no, also with an explanation. Even
though the .policy, that Joe referenced about allowing organizations to come
into the landfill with debris that they've collected, and had no charge. I
Voted, no, at that time. My feeling is, when the garbage comes into the
transfer'. station free, or whether it's paid for, it leaves the transfer
station having to be paid for. I'm afraid that this resolution waiving the
tipping fee could set a precedent, which the Town can not afford.
SUPERVISOR WICKHAM: I just have to comment. It is just extraordinary
to me. .it's really commentary on the Board how we get really at loggerheads
over what has to 'be the smallest issue, that we came up with today. I mean
the dollars and cents are really very, very small, and yet this Board can
-deal--with Jmajor�--big items, big ticket items in the hundreds of thousands
dollars we seem .to get unanimity on it. I will on a more serious not say,
that I just think we need to take advantage of the energy, the enthusiasm,
and voluntary spirit that exists in this town, and I'm sure in the long run
it's cost effective. If it means waiving the fees at the dump for those
families, and groups, that are willing to do that, I think that's a good
investment. So my vote is in favor of this.
17.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman
Townsend, . Supervisor Wickham. No: Justice Evans, Councilwoman
Hussie,
This resolution was duly LOST.
34 V JANUARY 10, 1995
18•- Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
an ex0enditure, not to exceed $500.00, for the placement of display
advertisements in The Suffolk Times and The Traveler-Watchman promoting
the new Sign Ordinance.
18.- Vote of .-the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
__._.____.This.--resolution-was -duly ADOPTED. --
19'.--Moved by-.Justice Evans, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
Resolution No. 35, adopted on June 29, 1994, to read as follows:
WHEREAS, the health, safety and welfare of Town residents is directly
dependent upon immediate dispatch of emergency services; and
WHEREAS, an up-to-date communications system is essential to the dispatch
of those emergency services; and
WHEREAS, there is provision for the NYNEX Telephone Company to collect a
surcharge up to 35' cents per telephone line to be disbursed to counties that
provide these services; and
WHEREAS, the. County of Suffolk has expressed interest in providing said
services .effective immediately; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby supports
pending resolution of the Suffolk County Legislature notifying the State of
New York that it is the County's intention to implement a County-wide E911
and to set a. date to ,begin collection of a monthly surcharge related to the
costs of this implementation; and be it
FURTHER RESOLVED that the Town Board authorizes and directs Supervisor
Thomas Wickham, together with the Supervisors of the other East End
Towns, to negotiate with the County of Suffolk a Memorandum of Agreement
for ..equitable distribution of the E911 surcharge in relation to said East _._._._..__End Towns.
19.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: It is after 8:00 o'clock, and we have scheduled a
.public hearing tonight. Do I hear a motion to recess?
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the
purpose,of holding a public hearing.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED..
Meeting reconvened at 8:05 P.M.
SUPERVISOR .WICKHAM: We'll resume the portion of our agenda, that we
left off a few minutes ago'.
20.- Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS; there was presented to the Town Board of the Town of Southold,
on--the 77fh day of December, 1994, a Local Law entitled, "A Local Law in
Relation to Gagen's Landing Road"; and
WHEREAS, . a . pubic hearing was held on the aforesaid Local Law on the
. 10th day. of January, 1995, at which time all interested persons were given
an opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 1 - 1995,
which reads as follows:
LOCAL LAW NO. 1 1995
A Local Law in Relation to Gagen's Landing Road
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter. 92 (Veh.icles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
JANUARY 10, 1995 349
1 . Section 92-42. (Parking prohibited during certain hours) is hereby
amended by adding the follows:
Between the
Name of Street Sides Hours of Location
Cagen's Landing Road Both 10:00 p.m. and In Southold,
____.---._-_ .._- __-----------_-_--_ - 6:00 a.m. from Clear-
view Avenue
westerly to
the terminus.
II. This Local Law shall become effective upon its filing the Secretary of
State.
20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
21 .-Moved by Supervisor Wickham, 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 the purchase of
screened sand for ice control and highway maintenance for the Southold
Town Highway Department.
21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That completes our resolutions for this evening.
At this time we're pleased to listen to comments, or questions, that anyone
may have on any subject of interest to them limited to five minutes per
person. Mr. Siegmann?
ED SIECMANN: After reading cover to cover on that study that was done
by the committee on taxing agencies in the town, their interim report, I
don't know how many .read the whole things, but I think it was a terrific job
done by .those people. In relation to that, I'd like to make a suggestion
for the Town Board. You did a very good job when you were at the
committee- on problems of the town, as far as. . what do you call the
committee?
COUNCILWOMAN OLVIA: The Stewardship Task Force?
ED SIECMANN: The Task Force. You publicized it, and you held meetings
on it. In fact, you held a Saturday meeting, and an awful lot of people
attended. I would like to see you approach this problem in the same light,
that you see to it that the public knows what's going on with it, and also,
that . you call meetings were people, can express themselves. I don't think
you can talk to anybody in this town, that doesn't, when you say to them,
why do you live here in Southold, that they'll give you an answer to why,
and it's all good reasons why they live here. Except we have a problem out
here, that's a serious one, that I don't think enough people have taken a
look at. You have a portion of your people that live out here, that can
afford to pay any increases in taxes that come along. Then you have a !
------- group----of---people-, - that live out here, that maybe can't afford it to that
extent, but they look at their budget, and they say, well, if I change this
around, if I move these figures around, I can see to it that I can pay these
taxes, and I continue to stay here. Then you have the group of people
that can no longer take the increases of taxes that's going on, and I think
most of those you can see are the people who have the for sale signs in the
area. I think something has to be done to convince those three groups,
that there is a middle of the road,. that could be found out here, where you
can save tax money. You know people think nothing of traveling from l
e Southold down to the AEP in Mattituck. The people in Mattituck think
nothing of traveling up to the stores up this direction, but if you want me
to travel for a book from Mattituck up to the Cutchogue Library, all of a
sudden there is a line drawn, that says Cutchogue Library has to service a
certain group of people, Mattituck, Laurel Library has to service another
group of people. I'm only giving this as an example. If there were
consolidation of those libraries, where you had a head of all your libraries
out here, where you don't have to have a head, in every library, there
would be no necessity for any library out here to be open more than five
days a week, if they would alternate their days. If one is closed on one
day, another can be closed on another day. If I need a book so bad, that I
can't wait one more day for it, then I can travel to one of those other
350 'ANUARY 10, 1995
libraries to pick up that book that I'm. looking for. This is the kind of
thing, that I'm talking about, and I only use the library as an example.
There are many other things in the town can act the same way, except
people--have--to—be- convinced, that because Southold is divided into Laurel,
Cutchogue, Southold, that that imaginary line that they draw has to go.
Maybe it's been a good thing up until now, the pride of coming from a
certain town, and that, but something has to be done to eliminate that line.
(tape change)
COUNCILMAN TOWNSEND: Marking the first phase of their work, which
was extensive, and very illuminating. It's surprising. To me there's some
things, and I thought I knew the issue, there was some surprising results.
The hard part comes now, where public input would be even more needed,
and we may well have to have the same kind of publicity and support, that
the Task Force had in the planning aspect of it. I know we have right now
an advertisement out for additional members to that committee, and I'll
encourage you, and your friends to. . l know you looked at it at one point,
to consider, you know, becoming a part of that. So, basically, as a Board,
I believe we intend to devote the same amount of intensity, and exposure,
that we did to the Task Force.
SUPERVISOR WICKHAM: Anyone else want to respond?
ED SI EGMANN: In answer to what you say, you know, at the very
beginning some of us on TaxPac were anxious to get on to that committee,
_._-.and _at__.the_._time___it happened some of us were a little upset that we didn't
get on the committee. I'm glad now, that we didn't get on the committee. I,
in my own feeling now, since I saw the way it went, I would even feel I
would stay off of the committee, that you don't get people running around
saying, oh, damn it, those goes that TaxPac bunch again. At least
they're. getting it from a different group of people in town, that amazingly
came up with the things, that we've been talking about for six, or seven
years, and I give them credit, and the job they did, we didn't do nearly a
job the way they did, to come up with the reasons , that this stuff has to be
done. So, personally, I like to operate as a TaxPac. Let them operate as
their group. We'll also operate as a senior citizen group, and get as many
groups as we can interested in it, because that way,, I think, you get more
people into the picture.
SUPERVISOR WICKHAM: Thank you, Ed. Just another comment, two weeks
ago the Town Board did adopt a policy resolution pursuant to that committee
report, which basically calls on the Town to retain a tax level of this
town, which is no greater in real terms, than the previous year. Yes, sir,
Mr. Carlin?
FRANK CARLIN: Frank Carlin, and this is my opinion. The Board
might not like it, but it's my opinion. I can't see why we need to have a
Code Enforcement_ Officer in this town, and now, I'll tell you why. The
salary will be, I understand, around $40,000.00 a year. He'll need a car.
He'll need gasoline. His benefits will be perhaps six or seven thousand
dollars. If you're going to do that, I think it's more beneficial to
Southold and Greenport to put that money, if you're going to do it, into
another police officer, which would be more beneficial, especially for
Greenport, because no one on this Board is going to tell me, that three
police officer in the middle of the summer is goings to handle Greenport.
Now, these three new police officer are, they going to be fresh from the
academy in Westhampton? Go through the 16 weeks. I believe it is, I think
it's increased now to maybe 20 weeks, but I know it was 16 weeks. Are they
going to be drawn from the Civil Service list? Are they going to be going
to the Police Academy?
SUPERVISOR WICKHAM: The answer to the question to the best I can
answer it is, we will follow strictly the Civil Service requirements. The
first people on that list have already gone through the academy. If we
select them, they don't need to go through the academy. If for various
reasons we skip over them, and we're able to pick a younger person, who
has not had that experience, they will have to go through the academy. We
haven't yet made those selections. We haven't played through all those
Iterations, so the answer to your question isn't clear yet.
JANUARY 10, 1995 351
FRANK CARLIN: The ex-police officers, that were in Greenport, wouldn't
-- t-ey graduate from the Police Academy? Weren't they on a Civil Service list?
a
SUPERVISOR WICKHAM: Yes.
FRANK CARLIN: Have you ever considered hiring them?
SUPERVISOR WICKHAM: Not only have we considered it, we are obliged to
go through that list first, before we can reach any other lists. Now, it
isn't clear that they all want to, and there are a lot of other questions
surrounding that. Those are being explored.
FRANK CARLIN: Very good. Now, last July you bought, I believe, eight
police cars, new ones. Right in the front of the paper, I forgot to bring
it, the town received eight new police cars in July, right in the front page
of The Suffolk Times. If something is wrong, or the information is wrong
from this town, but it is right in the front of the paper, in big. letters.
Eight police cars delivered Southold Town. Okay, so it was six, or
whatever. Then in November, when you're talking about your Budget, you
mentioned whether you want to think about another six, maybe this year.
Then you said, well, I'll eliminate the Detective's car, and maybe we'll buy
five this year. Now, if you bought five, that's thirteen new police cars
within a year's time. Now, you ought to consider those police cars that are
- -------stored--behind—the Greenport power plant there. Some of them look in pretty
good shape to me. You ought to consider instead of going spending a lot of
money for a brand new one, which is probably $13,000 or $14,000
purchasing those cars. If you get a year out of them, you save yourself
some money. They're only sitting there rotting away anyway. You should
consider that.
SUPERVISOR WICKHAM: We've not only considered, we are in advanced
discussions with Greenport along exactly those lines, Frank.
FRANK CARLIN: I'm doing pretty good. Now, I'm beginning to think the
way you are, Tom. Well, you answered everything that I had in mind, but I
can't see a Code Enforcement Officer in this town. Somebody to go around
the corner to try to- catch somebody not using the yellow bags, and if we
have a problem in the landfill with violations, Mr. Bunchuck should be
able to handle it. It's his area. I don't think we need a Code Enforcement
Officer in this town. It's wasting our money. I'd rather see you add
another police officer, which you're going to need to handle Greenport in
the summer, than a Code Enforcement Officer.
SUPERVISOR WICKHAM: Thank you, Frank. Does anybody on the Board
wish to address this? Are there any other questions from the audience?
..__.._Yes,...sir_,__.Mr..._...Flynn?
FRANK M. FLYNN: I'm F.M. Flynn, resident of Greenport, and I was
unable to participate in the most recent debate regarding the proposed
lighting legislation. Now, my remarks may seem a bit disjointed, but I
believe they're pertinent, and in addition, I believe in the precise
definition, and terminology. The precise definition aviates the potential
for future enforcement problems, or possible litigation. Incidentally, I
couldn't more in favor of an Enforcement Officer for this town, who will
well pay his way in fines collected, and I hereby personally volunteer for
the position. The intent or purpose of this legislation is the prohibition
of excessive light, and glare by any use. Now, excessive is a relative term,
which must be defined, and in fact many of the terms employed in this
proposed legislation are not particularly well defined , or not defined at
all in the Town Code, and in such instances, the Town Code refers to
Webster Unabridged Dictionary as the authoritative source. Now, in this
instance, the excessive is characterized by or exhibiting excess. Excess is
defined as that which is beyond sufficiency 'or necessity. Now, there are
numerous such instances in the town, and I believe, or presume, that it's
the town's intent to do something about it. Now, it was also stated in the
intent. It is the intention to reduce lighting in the middle of the night.
This is only partially true, because it doesn't pertain to all properties.
It .was intended to minimize potential for glare. It says, potential
for glare. It doesn't exist at the moment, and therefore it should be
eliminated in advance, not minimized. Now, all throughout this proposed
legislation the definition for glare is crucial to interpretation and
3 .5 2 JANUARY 10, 1995
enforcement from the proposed legislation. Clare is defined by the reference
as to shine with dazzling light. Dazzle is defined as to be overpowered by
light, 'to have vision confused by excess lighting. Now, that certainly
exists in many areas where that is tolerated here in the town, and nothing
has been done. about it. Now, with respect to paragraph 8, it states that all
outdoor lighting shall be shielded, so that the light source is not visible
from adjacent properties. This is rather loose terminology, as I interpret
it. The proper definition of these terms, again, is critical to
Interpretation and enforcement. Shield is defined as to cover with, or as
with a shield. obviously shielding requires covering the light source. I
see no such reference. Source is defined, is that from which anything comes
forth 'regarding as it's cause, or origin. Expending this concept these light
sources must be covered. Now, adjacent, again, a very loose word. It means
more. than .abutting. It is defined as laying by, or near, or close, or
continuous. With respect to confining light within property values, light
should be defined as not only direct light, but also that be redirected by
highly reflective sources, such as water and structures. Paragraph B,
refers to a general provision for parking lots. A general provision is
raucous, and unenforceable. Is it unreasonable to require reduction of
lighting. Should not the same provision apply to boat storage yards,
-.--..- ...--..particularly-.-those- --surrounded by residentially zoned properties? I believe
the proposed amendment is, in many respects, weaker and less precise than
the previous ordinance. Southold is notorious for the non-enforcement of
existing ordinances. I have observed no improvement in this respect in the
over one year the present administration has been in power. Existing
excessive lighting would be grandfathered, glaring, no pun intended,
violations have ignored consistently. I have demonstrated to the Board by
photograph of a particularly egregious example of excessive lighting, which
adversely effects the welfare of neighboring properties. No corrective
measures have been taken. If I were to phrase a descriptive title
appropriate to the proposed legislation, I would be undecided in view of the
time and money expended in it's formulation between labor lost, and much
ado about nothing. Thank you.
SUPERVISOR WICKHAM: Anyone else- like to address the Board? Yes, sir,
Mr. Carlin?
FRAN.K 'CARLIN: I have one more comment, a little sense of humor here.
I'd. like to suggest to the Board to consider this as a resolution. You
could solve the lighting problem. You'll have no more public meetings. You
won't have to worry about nothing. Everything will be over with. You'll be
all finished. We can go home. Here's what the resolution should say. After
dark, we all walk around with candles, and lanterns. A&P and Handy Pantry
they put candles in their windows. . When you go shopping in ABP, you walk
in the aisle looking for something, you walk with a lantern. Do you see
what I'm talking about now? Like we did in World War II, you take half
your headlight, and paint over the top with black for glow. I think if you
pass that resolution, you won't have nothing to worry about no more about
lighting, about public meetings, or dissension, or how people think about
what lighting should be. Thank you.
SUPERVISOR WICKHAM: Thank you. Is there anyone else in the audience,
that would like to address the Board on any matter, of their interest? (No
response.) If not, I'll turn to 'the Board. Any member of the Board who
would like to make any comments?
COUNCILWOMAN HUSSIE: I would like to make a comment. Concerning the
waiving of the tipping fees, and the Supervisor's rather belittling remarks
about the Board, and it's contentiousness -on small matters. I want the
public to know, that the large matters get equal, if not more, attention and
they are sometimes equally contentious, and they get lots of discussion. We
not only discuss the little matters.
J A N U A RY 10, 1995
353
SUPERVISOR WICKHAM: The agenda speaks for itself, as to all the matters
that are there, and I didn't belittle the Board. Actually I have a great
deal of� respect, Alice, for all of us on the Board, and the debate and the
discussion we've given. My comment simply was the proportionality of
comment, and length, and discussion in relation to the dollars and cents
concerned with that particular resolutions. Any other Board member, who
would like to make any comments? (No response.) If not, I'm open for a
resolution on adjournment.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:38
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk