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HomeMy WebLinkAboutTB-02/23/1995 400 SOUTHOLD TOWN BOARD FEBRUARY 23, 1995 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 Terry, Town Attorney Laury L. Dowd. 9 : 10 A.M. - The Town Board met with Planning Board Chairman Richard Ward, members Kenneth Edwards and Bennett Orlowski, Jr. , and Senior Planner Valerie Scopaz to discuss the priorities for action in 1995 on the Stewardship Task Force recommendations. Mr. Ward reviewed a timetable of the Task Force recommendations showing the items which have been completed, those that are on-going, those in the planning stage, and code revisions.----The next item for discussion was a need for a Route 48 corridor zoning review. The Planning and Zoning Committee toured Route 48 as a group on February 22nd, and it was the concensus of opinion by the Town Board that a review is valuable.----Discussion was held on the proposed "Local Law in Relation to Architectural Review", and minor revisions made to same. The Planning Board will take one last look at the proposed law and submit a recommendation to the Town Board.----Site Plan Review: The Planning Board has requested an amendment to the Site Plan Review section of the Zoning Code that would return to the Planning Board the authority to determine whether site plan approval is required. (Also present during this discussion - Thomas Fisher, Senior Building Inspector. ) Currently the Building Department issues a Certificate of Determination if requested by the applicant. Supervisor Wickham said he would like to see a proposed legislative change in this regard for the Board's consideration.----Finally, a proposed "Local Law in Relation to Lot Creation and Merger" was reviewed, and resolutions (28 and 29) placed on the agenda for a SEQRA determination and referral to the Town and County Planning Departments. 11 :00 A.M. - A hearing was held on the unsafe building of Lottie Ambroski, Route 25, Peconic (see resolution 30 for the decision) . 11 :35 A.M. - Neil Cichanowicz appeared before the Town Board to respond to questions concerning the traffic impact study on the Cichanowicz change zone petition for a proposed brew pub restaurant at Route 25, Cutchogue. Councilwoman Oliva suggested a conditional negative declaration based on mitigation of certain items at the site plan stage. Mr. Cichanowicz stated that the Department of Transportation review will most likely answer some of the questions, and would like to wait for that response. Board agreed. 11 :45 A.M. - Councilman Townsend brought the Town Board up to date on the progress of the Youth Support Committee - Southold Safe Rides Program, a proposal for a Southold Activities Association, Teen Night. (Attending and participating in this discussion - Jean Cochran, Joan Ferris, James McMahon, Diane Radigan. ) Councilman Townsend reviewed a letter he wrote to Supervisor Wickham concerning youth services. He would like the Town to sponsor a meeting with.certain individuals: Town, school, Hugs, Family Service League, counseling service active in Southold -= Town experienced in youth problems. The agenda would include an assessment review of problems, an allocation of responsibility to the appropriate existing organization, and a discussion of the best ways to coordinate a proper response from the schools and town. Councilman Townsend will begin to pull such a meeting together.----Supervisor Wickham informed the Town Board that the YMCA is FEBRUARY 23, .1995 401 interested in coming to Southold Town, but wants the Town to provide the land. Supervisor Wickham would like to lease them two acres of land on the southeast side of Tasker Park on Peconic Lane, ,Peconic, .. and ultimately, through a management contract, have the YMCA operate a complete recreational facility for the Town. The proposal will be discussed at a subsequent meeting once Supervisor Wickham has met with YMCA representatives. 1 : 10 P.M. - Recess for lunch. 2 :40 P.M. - Work Session resumed and Town Attorney Dowd reviewed with the Town Board the technical specifications -for the Fishers Island Metal Dump remediation. A portion of the specifications calls for a "contractor's site superintendent" to do certain tasks, include having successfully completed an OSHA-approved 40 hour Hazardous Material and Waste Handling Program within the last year. Justice Evans will speak to Superintendent of Highways Jacobs about the possibility of Howard Hancock, Highway Department Labor Crew Leader on Fishers Island, filling the position-----Town Attorney Dowd ask for Town Board input on obtaining a loan from the NYS Environmental Facilities Corporation for both the Fishers Island Metal Dump and the Cutchogue Landfill. Town Board agreed the Town should apply for $300,000. Personnel--- Town Board agreed to increase the per hour salary .of Fishers Island Senior Citizen Aide to $9.62 per hour (resolution no. 32) ; denied a request from Joel Lauber, Corey Creek Vineyards, for the full refund of a Board of Appeals filing fee; authorized payment of a voucher for Regina Moran's services as a matron (resolution no. 31) ; . Board agreed. to charge interest at a rate of one and one-half percent per month after a thirty day grace period on outstanding accounts payable (resolution no. 33) ; agreed to designate Solid Waste Coordinator James Bunchuck as the Town's Hazardous Communication Coordinator, . and adopted a Hazard Communication Policy (resolution no. 34) ; reviewed list of employees/officials who should file an annual disclosure statement under the Code of Ethics. 3 :20 P.M. -Town Board reviewed the resolutions to be voted on at the 4:30 P.M. Regular Meeting. EXECUTIVE SESSION 3 :30 P.M. - On motion of Justice Evans, seconded by Councilman Townsend, it was Resolved that the Town Board enter into Executive Session to discuss negotiations for purchase of property, and personnel. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd. 3 :58 P.M. - Town Board met with Board of Assessors Chairman Scott A. Russell to discuss his application to be a member of the Committee on Local Taxes. (Although this discussion was scheduled for Executive Session, Mr. Russell did not feel it was a subject for the session, and waived his right to Executive Session. Mr. Russell inquired why he was passed over for the committee, whereas he was the only remaining applicant. He said member Wallace McGahan recommended he apply and felt he would be an asset to the committee. Supervisor Wickham 'said he thought there might be a conflict, as the committee might be studying a reduction from three to one Assessor. Mr. Russell said he did not consider this a problem. He could step .aside during such discussions. Supervisor Wickham also said Mr. Russell is welcome to attend the meetings of the committee, and welcomes his continued assist- ance to the committee with the resources from the Assessors office. EXECUTIVE SESSION - 4:15 P.M. On motion of Councilman Townsend, seconded by Councilwoman Oliva, it was Resolved that the Town Board resume Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd.---The Board discussed personnel matters. 4:30 P.M. - Work session adjourned. 402 REGULAR MEETING The Regular Meeting of the Southold Town Board was held on February 23, 1995 ,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: Many of you may have known a Town employee by the name of Jonathan Wells, who died last week at the age of thirty-seven. He left a family, and many fond memories of people who knew him. A very effective person, both in his former jobs, before he came to the town. I'd just like to have a moment of silence for Jonathan Wells. COUNCILMAN TOWNSEND: We lost another employee, that I knew for many years, who worked here for twenty years, Joan Richter this week, also. TOWN CLERK TERRY: She was the only accountant at one time for many, many years. I represented the Town at her funeral. Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $154,889.83; General Fund Part Town bills in the amount of $9,668.76; Highway Fund Whole Town bills in the amount of $8,537.76; Highway Fund Part Town bills, in the amount of $26,746.76; Employee Health Benefit Plan bills in the amount of $25,632.45; Fishers Island Ferry District bills in the amount of $9,018.69; Refuse E Garbage District bills in the amount of $59,444.65; Southold Wastewater District bills in the amount of $16,253.67; Fishers Island Sewer District bills in the amount of $89.00; Southold Agency E Trust bills in the amount of $5,521 .51; Fishers Island Ferry District Agency & Trust bills in the amo.unt of $718.56. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. .This resolution was duly ADOPTED. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the February 7, 1995, 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. Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, March 7, 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. FEBRUARY 23, 1995 403 I . REPORTS. 1 . Southold Justice Evans' Monthly Court Report for January, 1995. 1995.2. Southold Town Recreation Department Monthly Report for January, 3. Southold Animal Shelter Monthly Report for January, 1995. 4. Southold Town Planning Office Monthly Report for January, 1995. 5. Southold Town Police Department Monthly Report for January, 1995. II . PUBLIC NOTICES. 1 . Army Corp of Engineers, New York District, application of William Pymm to reconstruct and construct timber groins in James Creek, Mattituck, New York. Comments to be received by March 10, 1995. 2. Army Corp of Engineers, New York District, public notice announcing a proposal by the U.S. Army Corps of Engineers to reissue Regional General Permits to authorize the construction of certain non-commercial mooring structures in navigable waters with the boundaries of Nassau and. Suffolk Counties, New York. III . COMMUNICATIONS. None, IV. PUBLIC HEARINGS. 1 . 5:00 P.M., on a proposed "Local Law in Relation to Nonresident Beach Permits". V. RESOLUTIONS. SUPERVISOR WICKHAM: We have before us today a number of resolutions. We had a public hearing this morning, dealing with an unsafe building. This morning, and this afternoon, the Board took up a number of different issues for discussion purposes, as part of preparing our agenda. I'd like to just very briefly comment on a few of them to outline what we did, but not those .that are on our agenda for resolutions. First of all, we had a visit from our Planning Board to help the Town Board and the Planning Board coordinate our approaches to Planning in the Town, so the two Boards don't go off in different directions, and they outlined ' their suggestions, and sort of a snap shot picture of where we stand in regard to the Stewardship Task Force recommendations. We then looked at what we're calling a Route 48 corridor plan. Yesterday at 4:00 o'clock most of the Town Board, and some members of the Planning Board, actually drove along Route 48 from one end to the other within Southold Town to have a look at the appropriateness of zoning along Route 48 in order to retain the qualities, that we think are important in the Town, to keep also a smooth flow of traffic, and to consider a possible review of some of the zones along Route 48. We discussed that today. We didn't take any action on it. We, also, did several other things with the -Planning Board, including a discussion about a question about merging of lot, and a discussion about where site plan review should reside, in regard to two different offices of Town government, in the Building Department, and the Planning Board. None of these things we came to a final resolution with today. After that the Board moved to a discussion about a number of youth issues. You may recall last year we spent quite a bit of time on questions of what is the Town's responsibility, and how should it be articulated in respect to youth. So, today, we talked at some length about the Youth Action Committee, that Joe Townsend chairs. We talked about additional things, that the Town should do, and the approach we should take in dealing with it, probably in association with the schools, and ultimately and finally, we discussed the pros and cons of a possible Y.M.C.A. in Southold Town. This afternoon there were a lot of other smaller issues, most of which are on resolutions this afternoon. As you know a lot of the items, that we discussed, and take up for discussion during the day on a Work Session, if we can come to an agreement, we often put them on into our agenda of resolutions to be taken up, and some of .them are tacked on the end of our list of resolutions on the agenda this afternoon. We're now at the stage of the agenda to take up the resolutions, that are before us'. People in the audience are invited to address the Board on any matter that is listed among these agenda items to be taken up in our resolutions. Five minutes, if anyone would like to address the Board on any resolutions before us. 404 FEBRUARY 23, 1995 FRANK CARLIN: Frank Carlin, Laurel. Good afternoon. Item one, Tom, and that involves item 24 about hospital benefits. Why these days? What happened there? Why was it sent in after 90 days? What happened there? SUPERVISOR WICKHAM: I really don't know why it was delayed. TOWN CLERK TERRY: May I say something? The physician or the hospital failed to submit it to our medical insurance carrier in time. They took more than 90 days, not the individuals, not the employees. FRANK CARLIN: Okay. That sounds better than the one I had on my claim the other day. They sent mine in to some doctor in New York. But anyway, item #4, 1 seen this show up a lot on resolutions on expended budgets. What do you mean by that, when you say modification, budget modification, to 1994 General Fund Whole Town to cover over expended .budget. What do you mean by that? SUPERVISOR WICKHAM: At the end of the year we have to do a complete reconciliation of all our accounts, and the Accountant is going through them one by one, sorting them all out, being sure that no Budget line was overexpended. If it was overexpended we have to bring monies in against that line to finance those lines. There are some Budget modifications, when the year is over, to balance out all those. 'We're not appropriating 195 monies against the '94 budget. We are moving around '94's money from one account to another in order that everything is in balance at the end of the year. But, it's all 194's money. FRANK CARLIN: Where do you get that money from '94's budget? SUPERVISOR WICKHAM: There was a small surplus. There will be a small surplus in one line of the budget. There will be a small deficit in another line of the budget, so we bring it from that surplus line to the deficit line, so that they are all balanced. FRANK CARLIN: On this item 22, Kaplan Grant to cover expenditures, what do you mean by that now? What money are you using there? What are you doing? SUPERVISOR WICKHAM: Number 22 refers to the Kaplan Grant of about $25,000, that came to the Town a couple of years ago. There is still $2,000 left in that grant. It's treated as, it's not a tax, it's treated as a gift or a donation. We are now bringing it in to the Budget, and putting it against some lines, that can be spent, or we haven't spent it yet. FRANK CARLIN: But it's part of the $25,000? SUPERVISOR WICKHAM: Which we got a couple of years ago. FRANK CARLIN: You're not taking any taxpayers' money to put into the Task Force? SUPERVISOR WICKHAM: Correct. We're not. FRANK CARLIN: That's what I'm watching. One more, item 2, how about this typewriter? What are you saying? From April to March, what are you saying, that you're using a typewriter in between that time? What are you saying there? I don't understand what you're trying to say there. TOWN CLERK TERRY: It's the loan of a typewriter from the Suffolk County Office to the Aging to the Human Resource Center, and the agreement is, April 1, '94 through March of '95. The Town isn't paying anything. That's the value of it.' FRANK CARLIN: $220.00? TOWN CLERK TERRY: That's the value of the typewriter. We're not paying anything. We're just executing- an agreement. We have to do it for that typewriter to be used. FRANK CARLIN: No money involved? FEBRUARY .23,. 1995 405 TOWN CLERK TERRY: No money involved. FRANK CARLIN: You can go out and bought yourself a new for that. TOWN CLERK TERRY: You couldn't get one for $220. FRANK CARLIN: I have a Smith-Corona home with a fifty thousand word memory. You can buy them now for about $250.00. SUPERVISOR WICKHAM: Would anyone else like to address the Board on any of the resolutions before us this afternoon? ( No response. ) If not, we're ready to start. 1 .- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay the medical claims of retiree Frank Arnold, and employees Barbara Gibaldi and Denise .A. Ross, which claims were submitted by the physicians more than 90 days after service was rendered. 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 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 execute an agreement between the Suffolk County Office of the Aging and the Town of Southold, for the period of April 1, 1994 through March 31, 1995, at a total cost of $220.00, for typewriter for the programs for elderly; said agreement all in accordance with the approval of the Town Attorney. 2 .- Vote of the Town - Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3 .- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to. the General Fund Part Town 1995 Budget to cover maintenance agreements for typewriter and dictaphone machine in the. office of the Board of Appeals: To: B.8010.4.400.600 Equipment Maintenance/Contract Services $ 172.45 From: B.8010.4.600.200 Meetings and Seminars $ 172.45 3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to 1994 General Fund Whole Town Budget to cover overexpended budgets: To: A3310.4 Traffic Control, Contractual Expenses $ 500.00 A7020.4 Recreation, Contractual Expenses 100.00 From• A9040.8 Workers Compensation, Benefits $ 600.00 4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4 0 6 FEBRUARY 23, 1995 5 .- 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 Consolidated Highway Improvement Project (CHIPS) fund to appropriate interest: Revenues: DB1 .2401 Interest & Earnings $ 400.00 Appropriations: DB1 .5112.2 Consolidated Highway Impr. IProj.' $ 400.00 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 Townsend, 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 Employee Health Benefit Plan to cover overexpended line item: To: MS191 .4 Insurance, Contractual Expense $ 300.00 From MS9060.8 Hospital E Medical Benefits $ 300.00 6.- Vote of the Town Board: Ayes: Justice Evans; Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This 'resolution was duly ADOPTED. 7.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town 'of Southold hereby authorizes a refund of $535.00 to Donald and Ann Webster, which amount reflects an amended building permit fee from $1,565.60 to .$1,030.60. 7 .- 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: Resolution #8, on December 27, 1994 the Town Board adopted a resolution proposing the acquisition to Suffolk County in a given order priority of several parcels, that, would help protect our drinking water. We adopted that last year in December: The Suffolk County responded with a request that we do it again using different language, a much more verbose, a much lengthier form. It's clot several pages here. I'm not going to go into it; because it says basically the same thing we said before, and there's a resolution at the end. It's Resolution #8 of the Town Board of the Town of Southold recommending .the acquisition of land, and pledging use of funds received under the Suffolk County Drinking Water Protection Program, and at the end there are one, two, three, four pieces of property between 6 and 32 acres each, all along the Special Groundwater Protection Area, most of it in the Cutchogue, Peconic area. I move this resolution. 8 - Moved by Supervisor Wickham, seconded by Councilwoman Oliva, RESOLUTION NO. 8 OF FEBRUARY 23, 1995 OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, RECOMMENDING ACQUISITION OF LAND AND PLEDGING .USE OF .FUNDS RECEIVED UNDER THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM. WHEREAS., under the Suffolk County Drinking Water Protection Program established by Article XII of the Suffolk County Charter, a portion of the funds acquired through the Quarter Percent (1 /4%) Sales Tax Program is to be' allocated to an Environmental Trust Fund; and WHEREAS, a portion of the money within the Environmental Trust Fund is to be allocated through revenue sharing to towns within Suffolk County, pursuant to a formula within S. C. Charter §C12-5(D) ; and WHEREAS, pursuant to S.C. Charter §C12-5(D), if lands exist in a town which fit the criteria for the Suffolk County Pine Barrens Preserve or Suffolk County Water _Protection Preserve, as defined in S.C. Charter §C12-2, the towns' revenue-sharing allocation under the program must be used for acquisitions of such lands; and _ WHEREAS, such acquisitions must be made by the County of Suffolk, upon recommendation of the Town, in accordance with Suffolk County Charter §C12-5(A) and (D) ; and FEBRUARY 23, 1995 4 0 7 WHEREAS, the town Board of Southold strongly supports acquisition and preservation of the parcels listed in Exhibit "A", because these lands fit the criteria in Suffolk County Charter §C12-2 for inclusion in the program; and WHEREAS, under the State Environmental Quality Review Act, Environmental Conservation Law Article 8 (hereinafter "SEQRA") , environmental review for the Suffolk County Drinking Water Protection Program was previously completed by Suffolk County Local Law Nos. 40-1987 and 35-1988; and WHEREAS, the .Drinking Water Protection Program was classified as a Type I action and negative declarations were issued by both of the above local laws; now, therefore, be it RESOLVED, that the , Town Board of the Town of Southold does formally convey its recommendation to County officials for acquisition of any of the parcels listed on Exhibit "A", pursuant to Suffolk County Charter Article 12; and be further RESOLVED,. that the Town of Southold does hereby pledge to use any revenue sharing funds received or credited as aforesaid pursuant to the Suffolk County Charter Article 12 Drinking Water Protection Program for acquisition of any of the parcels listed in Exhibit "A", subject to the conditions that Suffolk County will take full title to the subject parcels and will preserve the subject properties in a manner consistent with the provisions of the. Water Protection Program; and be it further. RESOLVED, that the Town Clerk is hereby directed to forward copies of this resolution to .the following officials and agencies : Suffolk County Executive All Suffolk. County Legislators Suffolk County Planning Department Suffolk County Division of Real Estate Environmental Trust Fund Review Board Office of Legislative Budget Review and be it further RESOLVED, that this Town Board, being the lead agency for purposes of this resolution only, hereby finds and determines that adoption of this resolution is a Type 11 action, because it constitutes implementation of an action which has previously been reviewed under SEQRA and, therefore, is routine and continuing agency administration and management, /not including new programs or major reordering of priorities; .see 6 N.Y. C. R''R. §617. 13 (d) (15) and (21 ) , as a Type 11 action; the Legislature has no further responsibilities under SEQRA; and be it further RESOLVED, that this resolution shall become effective immediately. DATED: February 23, 1995. EXHIBIT A TOWN OF SOUTHOLD SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM SITE REPUTED OWNER ACREAGE COMMENTS 1000-101-01-008.001 William Wickham 32.2 (1 ) Order of prioritiza -tion for acquisi- tion in descending order. 408 FEBRUARY 23, '1995 1000-101-02-007 Elliot Drake Evans, 6.0 (2) et al 1000-101-02-p/o-006 William Wickham 16.7 (2), 1000-74-02--015 Franklin Overton Rich 7.0 (3) 1000-085-01-004. Philip G. Horton 12 .6 (4) Assoc. 8 . - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 9 . - Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Lung Association of Nassau-Suffolk to use the following Town Roads for their ninth annual Bike Trek on Sunday, May 21, 1995, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Chapel Lane, Youngs Avenue, Oaklawn Avenue, Pine Neck Road, North Bayview Road, .Paradise Point Road, Cedar Beach Road, Main Bayview Road, Baywater Road, South Harbor Road, Indian Neck Lane, Leslie Road, Skunk Lane, Eugene's Road, New Suffolk Road, Fifth Street, Jackson Street, New Suffolk Avenue, Bay Avenue, Peconic Bay Boulevard. 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 Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Supervisor Kenneth Reeves to attend the 55th Annual New York State Recreation and Park Society Conference to be held from April 23-16, 1995, at Hauppauge, New York, and the necessary expenses for meals, lodging, registration, and transportation shall be a legal charge to A7020.4.600.200, Recreation Administration, meetings and seminars. 10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 1 1 . - Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 27, adopted on February 7, 1995, appointing Robin L. MacMurdo as a part-time Account Clerk at the Human Resource Center, whereas Ms. MacMurdo declined the position. 11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. . This resolution was duly ADOPTED. 12 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, Golden View Estates, Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Laurel, New York, to be known as WHITE EAGLE DRIVE, CONDOR COURT, EAGLE NEST COURT, WOODSIDE LANE, RAILROAD DRIVE and "DRAINAGE AREAS", as shown on a subdivision map entitled, "Map of Golden View Estates", filed in the Suffolk County Clerk's Office on August 30, 1984 as Map Number 7770; and WHEREAS, the Southold Town Superintendent of Highways has inspected the highways and has advised the Town Board that the proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it FEBRUARY 23, 1995 409 RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same. is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the office of the Clerk of the County of Suffolk, New York. 12 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13.- Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas S. Nielsen provisionally as a part-time Home Health Aide to drive for the Senior Adult Day Care Program, effective immediately, 7-1/2 hours per week, $6.00 per hour. 13. - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor. Wickham. This, resolution was duly ADOPTED. 14.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute agreements between Northeast Document Conservation Center, Andover, Massachusetts, and the Town of Southold, for microfilming six (6) volumes of historical Town records, at a cost of $1,816.00, to be paid through the Town Clerk's Local Government Records Management Improvement Fund grant. 14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski; Supervisor Wickham. This resolution was duly ADOPTED. 15 .- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1995 Budget as follows to cover overexpended budgets: To: A1010.4.500.400 Town Board, Medical Consultant $ 2,235.00 From A1990.4.000.00 Contingent, Contractual Expense $ 2,235:00 15 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16 •- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby, modifies the General Fund Whole town 1995 Budget as follows to cover overexpended budgets: To: A1910.4.300.100 Insurance, Public Officials $ 4,324.00 A1910.4.300.300 Insurance, Surety Bond 190.00 From: A1910.4.300.100 Insurance, Commercial Budget $ 4,514.00 16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 410 F.EBRUARY 23, 1995 17.- Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund Whole Town 1995 Budget to cover the invoice issued by Moore Business Equipment for maintenance on both machines, which are used to separate computer-generated forms: From: A1680.4.100.150 Computer Paper $ 29.54 To: A1680.4.400.354 Deco[lator/Detachment Maintenance $ 29.54 17 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We're having a lot of these budget modifications today, some of them for very small amounts. This one was $29.00 and some cents. The reason for that is, that we have a new computer program, that is giving us much greater detail in our Budgets. Now we can track down to very individual items, what we're spending money on. It's a much better way to control budgets. Unfortunately, the computer also finds whenever anyone of those budget lines has been exceeded, and so we have to fill it up. So, the need for a budget modification has increased tremendously with this additional level of detail, and we're going to have to talk to the computer, and see if there's a way that we can get that degree of control without having to be bothered with all this •modification. Maybe we won't have quite so much of this in the future. 18 .- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, Shorecrest at Arshamomaque Association, Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, known as Bayberry Lane, Wild Cherry Way, Stony Shore Drive and "Drainage ,Easement", designated on a certain map entitled, "Map of Shorecrest at Arshamomaque", filed in the Office of the Clerk of the County of Suffolk on April 6, 1971 as Map Number 5584; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. 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 Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the General Fund Whole town 1995 Budget to cover the creation of a new budget line: To: A7020.4.400.600 Recreation Administration $ 60.00 (Typewriter Maintenance) From A7020.4.500.420 Recreation Administration $ 60.00 (Youth Program Instructors) 19.- Vote of the Town ' Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. FEBRUARY 23, 1995 411 20 .- Moved by Councilwoman Hussie, 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 as follows to cover overexpended budgets: To: .A3310.4 Traffic Control, Contractual Expenses $ 300.00 A5182.4 Street Lighting, Contractual Expenses 300.00 From: A9040.8 Workers Compensation, Benefits $ 600.00 -,20.- Vote of the. Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29 •- 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 overdrawn appropriations: To: DA.5130.4 Machinery, Contractual Expenses $ 400.00 From: DA.5130.2 Machinery, Equipment $ 400.00 21 •- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, ' Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We are moving into a recess for a public hearing that should have been listed on the agenda, but wasn't. TOWN CLERK TERRY: It was published in the paper. SUPERVISOR WICKHAM: It's been published in the paper. It's supposed to be at 5:00 o'clock this afternoon. i Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. RECONVENED at 5:05 P.M. 22 Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1994 Budget as follows to appropriate the .Kaplan Grant as follows to cover expenditures by the Stewardship Task Force ($960.59) and Transportation Committee ($461 .08) : Revenues: A2705 Gifts & Donations $ 1,421 .67 Appropriations: A1010.4 Town Board, contractual Expenses $ 1,421 .67 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 Justice Evans, seconded by Councilwoman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Board of Commissioners of the Fishers Island Ferry District to advertise for bids for drydocking the MV RACE POINT and accomplishing of work thereon in accordance with the bid specifications. 23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 412 F EBRUARY 23, 1995 24 . - Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the .Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay the medical claim of Eastern Long Island Hospital for Elizabeth King, which claim was submitted by the hospital more than 90 days after service was rendered: 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 25 .- Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1995 Budget modification to the Central Data Processing Contractual Budget: To: A.1680.4.400.557 Court System Maintenance $ 160.00 From A.1680.4.400.355 Personal Computer Maintenance $ 160.00 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 Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Paul Clancy as a part-time Account Clerk at the Human Resource Center, effective immediately, 17-1/2 hours per week, at a salary of $8.40 per hour. 26 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 27.-Moved by 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 between the County of Suffolk, acting through its duly constituted Office of the County Executive/STOP-DWI Program, and the Town of Southold, for the STOP-DWI funding for enforcement activities by the Southold Town Police personnel, effective January 1, 1995 through December 31, 1995, at a total contract amount of $12,100.00; all in accordance with the approval of 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. 28 . -Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617. 10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lot Creation and Merger", which amends Chapter 100 (Zoning) of the Code of the Town of Southold. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29 .-Moved by Justice Evans, seconded by Councilman Townsend, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 23rd day of February, 1995, a Local Law entitled, "A Local Law in Relation to Lot Creation and Merger"; now, therefore, be it FEBRUARY 23, .1995 413 RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. This Local Law reads as follows: A Local Law in Relation to Lot Creation and Merger 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: 1. Section 100-24 (Lot Creation) is hereby adopted to read as follows: A. A lot created by deed or town approval shall be deemed to be legally created if any one of the following standards apply and if the lots have not merged: 1� The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30 1983 and the lot conforms to the following minimum lot area requirement(s) when created: La� Prior to April 9 1957: any size M Between April 9 1957 and December 1 1971 ; 20,000 sq ft Lc� Between December 1 1971 and June 30 1983: A Residential Zone: 40,000 sq. ft. M Light Multiple Residence. 40,000 sq. ft. M-1 Multiple Residence Zone: 80,000 sq. ft. C Light Industrial Zone-, 40,000 sq. ft. C-1 Heavy Industrial Zone- 200,000 sq. ft. 2� The lot in question was approved by the Southold Town Plan,unq Board. The lot(s) in question is/are shown on a map approved by the Southold Town Board prior to 1983. 4� The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to 1983 B. All lots which were not legally created pursuant to the above section shall not receive any building permits C. All lots shall be subiect to the merger provisions of 100 25 2. Section 100-25 (Merger) is hereby adopted to read as follows: A. Merger. Nonconforming parcels of property shall be merged if thev have at any time been held in common ownership with another parcel which abuts for a common course of 50 feet or more in distance. The zoning bulk schedule requirements for the combined (larger) area shall apply. B. Definitions. Common ownership shall mean that the parcel is held by the same person in the same percentage of ownership as an adioining parcel. 414 FEET AR`! 23, 1995 C. Exceptions. Legally-created lots which meet any of the following cate- gories shall be exempt form the Merger provision set forth above and shall not be deemed merged by operation of this law: J1 The nonconforming lot has a minimum size of 40,000 square feet or 21 The nonconforming lot obtained a lot size variance from the Zoning Board or 3� The nonconforming lot has been held in single and separate ownership from July 1983 to date D. Proof re Merger. The Town may require a person seeking determin- ation of merger to provide any or all of the following documents for evaluation: 1 Proof of the date when the lot was created and the size of the lot together with a copy of a legal description of the parcel all to the satisfaction of the Town, 2� A copy of the current tax map and survey of the lot 31 A copy of the original survey of the lot: 4� A title search showing single and separate ownership of the prop- erty from 1983 to the present time prepared by a Suffolk County title insurance company indemnifying the Town of Southold with insurance of $25 0007 5� Other additional information or documentation as may be deemed necessary. E. Effect of Merger No building permit or other development entitlement will be issued by the Town until this chapter has been complied with The Buildinq Department will issue a written determination whether a Property falls within an exemption to the merger provision 3. Section 100-244 (Setbacks for Undersized Lots) is hereby amended to read as follows: A. This subsection is intended to provide minimum standards for granting of a building permit for legally created lots which are made noncon- forming and have not merged pursuant to 100-25 aF-seefif4ued-ie a state 9f RGRG Rfer nG. 14, 4h d e-agd-that-wwe4:e rJiRgly' and &epaFate ed as of the eff t' 1ate Gf thi /1 FtiG'e B. A-Reflsen#ar-m;Rg4G ad4lGt-adfe+4:lfpg-aRy4et-ar ate-�� 4:tfGle-an4_fl8t ad jG4+i a Ry4Gt Nan44p tea p-a t--a%I t i M e .,L fed e rr-aeaeFdanse_Wjth alf tl�e atl�e app sable PFG'AsiGflS-9f-t +S-64aPteFF ,P„{-GNgde44ha afate-GwReF- hip i submitted fGFFt-Gf aR-abstraGt4444t4e-S-hewif;g--the GhaRges e ti#fie-te-said-I stFast-s#�al l hTT � e-esuat foFF +�ed��-aFtia##�FF#e�eF-a�Gr�paF}�Feg�4a�-I�de iflg-st�Gh weF4�-if�u#elk-GeuF}t�of-b�--armor-pores#�ef�-dull-licensed-t©�xar�if�e and-,--RSUf-&4ita e-te-Feal-pFeper#-y-ire-guffal k-GG4JRty-and-slaa I l-GoRta iR--a FEBRUARY 23, 1995 415 c&4�fia eR that RG se+ eus P��{ wa ewfle e€ e P-Fg v-e�-RGe-th,&4ate ef-aay-pf:(, tusl�-pplisable-Z-GRigg Law. Such lot shall be gfanted Felief fGr f,�;de-and---ear-yafd�e4�-. &iGRS-as-fGlaews required to meet the following: Yard Area Lot Front Side Both Sides Rear (sq. ft.) Coverage VVidt-h ©ept-h (ft.) (ft.) (feet) (feet) 100,000 to 119,000 10% 75 30 60 85 80,000 to 99,999 15% 60 30 60 85 40,000 to 79,999 20% 60 20 45 75 20,000 to 39,999 20% 4-2-0 440 40 15 35 50 40-090 Less than 20,000 20% - 80 4-00 ....,.35 15 25 35 C. the-ease-ef-sangle-arid-sepafat-&ewRer-shlp ofa-RGRGGra€ef ghat twat-e ifs-a-sabd+v+sfeR-piat;-appfoued-after-April-9,1957, by4he P-Ianaing-idea f-Seetl�eld ar�d f+led�w#1�-t ie-Cat e# jef-feF-a4-#Tent-+de-aR44-earya{-d---and-afea d+mef4siens--&hail be gfaRted-t he exteRt that SUGh at,,—,ide-and-reaf yafd-aqd-ofaa�+MeRsiGR&wefa-fequiFed-at-the-t Fne4he-map--was ef+g+r�aa1 #�led wi#1�-#1�e-Ge�tfl# GierlE o � If a cluster m a p was approved by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County after April 9 1957 and shows front, side, and rear yard dimensions those dimensions shall control over the ones set forth above. 3. Section 100-12 (Exceptions) is hereby deleted in its entirety. All Gf the let&-GR4h-e-fe4Gyviqg-sjbd+v+s+en4i4aps-shad be eXGept--- M--the f this chapteF-and t let-afeas aad tet-widtki-sappifcabi&4-G said--let-s--s4afi-be-as—.hewf4-and--desigR@tedGf 6@4'd sebd+v-isien-maps=-6r-ee-R-Asf-- Stfat4:nGr-s Ma4GP Mafnef,lea-ves--P-eiRt; SeetiO ; fn ^rGFes, 9e6t,'eR4 -F-Gfdhari-Aefes-,-Sest-iGR Ia; SteF4jng l�eff}es;€astef-fa-Shofes�eGtiofa--I;E--as#eff�--Shofes�es#�of�-i1;E-astef� �heFes, SeGti 4-P,-€astem-Shefes,-SeGtiaf NL-,-E-astef-f -hGFes,-SectaGR V Sets#beid�k�efe�URRY-ShGr-es Moose-Gave,-Na- sai-P-eiRt Deer- P-ar �J Jiage Mafaof=G i�uthi�i E-dgefnefe Par4 1:,—W law T-eff-aGe- �aur�defest-deeds;-6afdfflef�-8aj�E-st-af����e�#�8a-i-It;-Haf�es#�ar�ae� �esti �iew�leads-E-sta#es�/��ow P�iat k�a�ber--t_-+guts-Eta#�; SeGtteR-I� Tei:Fr 14ate-srBay-Havef_Gefey-Gr--eek-E'.. L-&, /2-St-Cr-ee-k Estates; �I—rYen h"'G ;�—�viuf#�asl-seRs LaAd+fKg;� s net -�P-eRd RGsea�God-E.cilat , C"nivc"T-�nr�Il i i .� -a{ad�-e P-a+ft; Hafbef--ig"+, -E-&tate&T-Seet'GR fll;i1gi�weed PJt f}a efaa IAlate s YeRReGGmoo t—P fFk 9owflsviewv;�out444 ar-bor-HGMes;P--eaoRjG-ghGr-ems SeG40R 1;P-e6eniG-H49mes SeGtioR-I,P-ecoRis4=[eflies;-SeetieR-ia;-P-eGGRac Say�al�;�:auf-el-GeuRtfy-E-states;9f�eRt-by-tl�e-Sea�ee#�eR-i1;�leaves P-eiRt;SectieR-laJ- 416 FEBRUARY 73, 1995 11 This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions, ** Strikethrough represents deletions. 29 . - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, , Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'd just like to comment briefly, that this law has been prepared by the Building Department, and the Zoning Board, and the Planning Board, in the Town of Southold. Councilwoman Oliva has kind of chaired a working group to get a consensus from those offices of the government, that would help. .and Laury Dowd our Town Attorney, to put together a consistent system for dealing with the problem of merged lots, and the creation of new lots, and we think we have a system that deserves to be put into the Town Code. 30. - Moved by Councilwoman Hussie, seconded by Supervisor Wickham, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspection of the premises owned by Lottie Ambroski and referred to as: Suffolk County Tax Map designation: District 1000, Section 75, Block 03, Lot 01, and also known as Main Road, Southold, New York, bounded on the East by J. Nierodzik property,_ on the West by the F. Lappe property, on the Southold by the J. Nierodzik property, and on the North by Main Road, and thereafter prepared a written report thereon and filed the same in his office; and WHEREAS, it was determined by the Building Inspector that the building or structure on said premises is dangerous or unsafe to the public; and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner, their agent, or other persons having an interest in said property, pursuant to the provisions of chapter 90 of the Southold Town Code; and WHEREAS, said notice required that the owner of said premises vacate the premises and either make the building on the premises safe and secure, or remove same, and secure the perimeter of the property to prevent unauthorized persons from entering the property, said work to commence within ten (10) days from the date of service of the notice and shall be completed within thirty (30) days thereafter; and WHEREAS, the owners of said premises has vacated the premises but has otherwise been unable or unwilling to comply with the provisions of said notice within the time specified therein; and WHEREAS, a public hearing on said matter was held by this Board on the 23rd day of February, 1995; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1. That based upon the written report prepared by the Building Inspector and filed in his office and upon the evidence given by the Building Inspector at the hearing held on February 23, 1995, this Board does hereby determine that the buildings or structures located on said premises are unsafe or dangerous to the public. 2. That the owner of the building has vacated the structure, but has advised the Board that she is a senior on a limited income and is unable to afford to fence or demolish the structure. That this Board does hereby determine and order that snow fence be erected around the immediate area of the building, acceptable and approved by the Building Inspector, within fifteen (15) days from this date. FEBRUARY 23, 1995 417 3. That the Building Inspector, Community Development Director and Housing Alliance are authorized and directed to prepare a demolition plan, procure estimates for the removal of the buildings or structures on said premises or fencing off said premises, and submit the same to this Board for its consideration as soon thereafter as possible. 4. That thereafter this Board shall, based upon such plan and estimate, provide for the letting of a contract for the fencing, taking down and removal of the buildings or structures on said premises. 5. That the cost and expenses of the fencing and/or taking down and removal of the buildings or structures on said premises shall be financed via a Community Block grant loan which shall be repayable upon sale of the property. 6. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by registered mail, return receipt requested, within three days of the date hereof. 30 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham._ This resolution was duly ADOPTED. 31 .- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $87.68 to Regina Moran for Matron services for the . Southold Town Police Department on February 5, 1995. 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 Justice Evans, seconded by Councilwoman Oliva, - it was RESOLVED that the Town Board of the Town of Southold hereby increases the compensation of Frank Cillan, Senior Citizen Aide for Fishers Island, from $8.90 per hour to $9.62 per hour, 8 hours per week, effective February 16, 1995. 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 Councilman Lizewski, seconded by Councilwoman Hussie, WHEREAS, it is in the best interests of the public for the Town of Southold to create an incentive to pay moneys due to the Town; and WHEREAS, the Town Board finds that it is the best- interests. of the general public that outstanding accounts payable to the Town be charged interest if the account is outstanding for a period longer than thirty (30) days; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that accounts . payable to the Town of Southold shall be charged interest a rate of one and one-half percent (1-1/20) per month after a thirty (30) day grace period. 33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 34.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of, Southold wishes to provide a safe working environment for all employees; and WHEREAS, all employees have a right to know about potentially hazardous chemicals in the work place; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby designates Solid Waste Coordinator James Bunchuck as the Town Hazardous Communication Coordinator; and be it 418 FEBRUARY 23, 1995 FURTHER RESOLVED that the Town Board hereby adopts the following Hazard Communications Policy: HAZARD COMMUNICATION POLICY POLICY Town employees are Southold Town's most important asset; providing them with a safe and healthy work environment is a primary Town responsibility. It is the policy of the .Town Board of the Town of Southold that every employee is entitled to work in a safe and healthful environment. When employees enter Town of Southold employment they have a right to know th hazardous chemicals with which they work or to which they could be exposed, and the measures they can take to avoid injury or illness when working with these chemicals. The Town provides information and training in order to reduce the possibility of accidental exposure and to comply with the OSHA Hazard Communication Standard. PURPOSE The Occupational Safety and Health Administration Hazard Communication Standard (29 CFR 1910.1200) requires that all employers develop and implement a "written hazard communication program" . Southold Town's plan (attachment A) is designed to implement the OSHA Hazard Communication Standard requirements. OSHA's primary intent in issuing this standard is to ensure that employees will receive as much information as needed concerning the hazards in their workplace. This information will be presented to Southold Town employees prior to starting work, when changing jobs which change the hazardous substances to which they are exposed, or, when new hazards are introduced into their work area. The purpose of this plan is to ensure that: All employees are aware of our Hazard Communication Compliance Plan and to ensure that it is available to all employees, theire designated representatives, and OSHA. All hazardous chemicals used in the workplace are labeled and a list of chemicals is maintained. -Material Safety Data Sheets (MSDS) are available for all hazardous chemicals. . 1 . Employees receive information and training so that they are informed of the requirements of the standards and 'trained about hazards in their workplace. All persons involved in non-routine work tasks are informed of the hazards of such tasks. Contractors and their employees are informed of hazards before performing work in Town facilites, and sub-contractors inform us of any hazardous materials brought into Town facilities, and the Town has procedures in place to deal with hazards encountered on job sites to which employees may be sent. SUPERVISOR WICKHAM: This basically establishes the outline of how the Town will take up the responsibility of communicating to all employees in the Town, that's here Town Hall, the Police Station, the Landfill, where there are hazardous chemicals and materials. They have right to know about it, and to be protected in the use of them. 34.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. FEBRUARY 23, 1995 419 35. - Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Matrons for the Southold Town Police Department, at a salary of $8.35 per hour. 35.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 36 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, the Village of Greenport intends to acquire the former "Mitchell" property on Greenport Harbor for the purpose of creating a "Harborwalk" along the water's edge, eventually connecting the Greenport Railroad property with Main Street Wharf; and WHEREAS, the Village intends to apply for a $200,000 grant from the New York State Office of Parks, Recreation and Historic Preservation to match the commitment of Village funds for this project; and WHEREAS, the Town Board of the Town of Southold finds that the proposed project will be beneficial to the residents and taxpayers of the village and that it is in the public interest; and WHEREAS, the Village of Greenport is a part of the Town of Southold; now, therefore, be it RESOLVED that the Town Board hereby offers its support of the application of the Village of Greenport to the New York State Office of Parks, Recreation and Historic Preservation for a $200,000 grant; and be it FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Village Clerk for inclusion in the Village application. COUNCILWOMAN HUSSIE: This resolution was presented to this Board at 1 :15 this afternoon. I received it too late to give it the usual consideration I give all resolutions that we pass. I regret that I have to abstain. 36 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend Councilman Lizewski, Supervisor Wickham. Abstain: Councilwoman Hussie This resolution was duly ADOPTED. 37 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jane Rousseau as a temporary part-time Clerk Typist in the Justice Court, effective immediately, 17-1/2 hours per week, at a salary of $6.82 per hour; said employment to terminate upon appointment of a full-time Clerk Typist. 37 . - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 38 .- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 7th day of February, 1995, a Local Law entitled, "A Local Law in Relation to Nonresident Beach Permits"; and WHEREAS, a public hearing was held on this Local Law on the 23rd day of February, 1995, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 4 - 1995, which reads as follows: LOCAL LAW NO. 4 -1995 A Local Law in Relation to Nonresident Beach Permits 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 65-3.F (Parking Permits) is hereby amended as follows: F. Nonresident seasenal­ beach parking permit. Beach parking permits for nonresidents for the period A-pr-H January 1 through Octeber December 31 may be issued by the Town Clerk of the Town of Southold upon application therefor at a sum prescribed by resolution of the Southold Town Board, which annual sum shall include both the vehicle and boat trailer. 420 FEBRUARY 23, 1993 ll . This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates addition. ** Overstrike indicates deletion. 38 . - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have no further hearings. We have no further work on our agenda. We reserve this part of the meeting for the input, and comment from the audience. We would be pleased to hear comments from people, not only on these resolutions, but on any matter if it's of importance to the Town. DAV I D CORWI N: I have a problem with a dog in my neighborhood, that I'd like to bring to your attention. I called your contractor three times about the dog. I've been bitten by the dog once. Your contractor sent out their truck, and the truck drove by the house, where the dog lives. The dog is running at large. Your contractor told me, we can't go into private property to pick up a dog. I understand that, and I appreciate that. I was on the phone several times. I said, the dog is out on the street. They sent the truck out. The truck drives by. I spoke to the fellow that is driving the truck. I said, you just have to sit there for five minutes. The dog will come out, and you'll see it on the street. They didn't want to do that. He just. drove by. All you contractor told me was, - you got to take your neighbor to court. We can't go on his property. Now, the Town of Southold is collecting taxes from me. They have an item, Control of Dogs, $115,000, that they pay this particular contractor. I'm paying taxes for control of the dogs. I'm not paying taxes for animal welfare. There's no line item in the budget. I don't think the State even call that line item animal welfare. They call that the dog control. Dog control is about public health and safety. It's not about keeping animals alive that don't have homes, and I got to say to you, if your contractor can't do the job, and they're just going to tell me, that I got to take my neighbor to court, because his dog is running wild in the street, knocking garbage over, and annoying people, you people are not doing your job. I think you should look into getting another contractor. Another item I'd like to address you on is the public hearing you just had this afternoon. You've been criticized a lot the last couple of meetings about adding items to the agenda. Well, I understand that happens. To facilitate your meetings, and get your business done you add items to the agenda. I can understand that. It's fair enough. But, not to have a public hearing on your agenda, and then go ahead and have it. I don't think it's right. Whether it was published in the paper, or not, it wasn't on the agenda. I picked up the agenda yesterday. The public hearing wasn't noted there. If I had wanted to have input, I wouldn't have known the public hearing was coming down. The final item I'd like to mention on is item #36, which was the grant the Village of Greenport is requesting from the State. I want to commend Councilwoman Hussie for saying she didn't have enough time to study this. Let me tell you, it would be great if the Village of Greenport could get $200,000, and buy the Mitchell property for $950,000, but, what the Village of Greenport is not telling you is that they're never going to get it for $950,000, and in addition to Eastern Savings loan of 9.5 million dollars. There's another lien against the property of 1 .4 million dollars from Israel Discount Bank of New York. There's a mechanic's lien of $230,000 on the property. There's $15,000 worth of unpaid Town, school and County taxes, and there's probably about $100,000 of unpaid Village taxes, so, basically you're kind of rushing into a resolution without knowing all facts. I would suggest to you before you do, you do like Councilwoman Hussie does, and say, I want all the facts first. Thank you. SUPERVISOR WICKHAM: Would anybody like to respond to some of the comments? Joe? COUNCILMAN TOWNSEND: I'd like to respond to both. The first issue regarding the ruling on the hearing for the change to the non-resident permit. You are a former Trustee, and you're aware of the fact that the hearing is when you make . :your comments. The fact that you didn't a comment during the hearing, that was advertised on the Bulletin Board, and the papers, and so forth. After that we can not entertain further FEBRUARY 23, 1995 421 comment. We're supposed to make our decisions based on the hearing. So, by postponing it for two weeks, and getting closer, and closer, to the, you know, the deadline, I mean, that period when that would normally happen, it didn't serve to benefit the public as far as I ' can see. So, in those incidences, where there is no comment, where there is really. . ) don't think this Board felt there was any discussion on the issue, because we had discussed it before, and then the public didn't offer any new information, I think it's appropriate that we , move on those things. It's just transacting business in a timely fashion. The second thing on the grant, I mean on the resolution endorsing the Village's application for that money. The way it was explained to me was that they were under a certain constraint to get this in, and therefore it wouldn't do much good to wait two weeks, and do it then. We had a few hours to look it over. I didn't see anything that would be a problem in terms of our committing ourselves. I mean, everything that it says I believe, and if you don't then you didn't have to vote for the resolution. It didn't require a lot of research in my opinion. The fact is, bank are discounting loans tremendously. I don't know if they're going to discount it by nine million, but they are discounting it tremendously. DAVID CORWIN: They're not throwing millions of dollars out the window, and you know that, Joe. My point is, you should investigate everything you do, and my point about the public hearing, and the resolution for the beach stickers, I understand why you wanted to do what you did, but it shows somehow administrative work isn't being done properly. It wasn't even on the agenda. I don't understand that, and you can make excuses all night about that. I wasn't on the agenda. If I came in here yesterday, and picked the agenda up,. and it wasn't on the agenda, and I don't choose to buy the paper, how do I know about it? That's all. Thank you. SUPERVISOR WICKHAM: The comment is correct. It was not on the agenda. The agenda is part of my office's responsibility. We did not put it on. I have to say, I didn't realize until we got here tonight, that we had a public hearing on, because it wasn't on the agenda. There was a slipup in our office. I'll except responsibility for that. It was duly advertised. We did have to go through with it. We did do that, and we've acted on it. I don't .think it will happen again. Are there any other comments from the audience? Yes, sir? Mr. Flynn? F.M. FLYNN: I'm F.M. Flynn, a resident of Southold, and prior to my general remarks, I'd like to refer to Resolution eight, and I volunteer to write the verbose reply to the County of Suffolk, in as much as it's somewhat of a specialty of mine. Now, as to my general remarks. United Southold's recent publication it quotes encomiums on the majority members of the Town Board for their accomplishments up to this time, up to that time. Certainly, accolades are due for some, even most of these attainments, and they generally reflect improvements over the conditions prevailing under previous Boards. However, I take issue with a degree of openness, and public participation claim. For example, the list of long range planning issues is selective, and less than forthcoming. I shall discuss my reservations, and objections, in the context of my following remarks. The majority faction of the Town Board has evidently adopted an agenda based on the Stewardship Task Force recommendations, and intends to act in accordance therewith. In recent months the Board has been occupied by protracted, and contiguous discussions of matters concerning signage, lighting, and ethics. As a result, the regulations, subsequently drafted, are ill defined, and, or, ambiguous. Subsequently, the initial land use broached by the Board with the provocative one of B&Bs in residential areas. I have previously addressed the question of the relative openness, and accessibility of the related public hearings. As to the involvement of the public, both in person, and by petition, there opposition to the citing of the B&Bs was overwhelming. Many of us consider the Suffolk Times as a veritable house organ with the Board's majority. Nevertheless, even that paper in an article in it's February 9th, 1995 issue stated, quote, the public's position frowned critically in opposition, having chosen long ago. So much for the advocacy of public involvement. The end result is to dissuade residents from further participation in public affairs. B&Bs were justified as an adjunct to the tourist industry. I don't recall the expansion of the tourist industry at the expense of residential property owners, and the largely residential character of the town, was a plank in the platform of United Southold at the last election. ' Had it been the results may very well have been different. One of the most significant 4 22 FEBRUARY 23, 1995 findings of the Task Force's citizen survey was that approximately nine of ten residents considered the preservation of Southold's character would be .of prime importance. Obviously, all the changes in zoning regulations must be considered in the context of the expressed will of residents. I believe, as apparently many others do, that the promotion of, tourism at the expense of residential owners, who constitute the bulk of the electorate, and pay most of town's taxes, is inimical to the character of Southold. Apparently, no consideration has been given to the problems of increased traffic, and the � need for additional intrastructure, and police protection. All, I need hardly add, at the expense of the beleaguered taxpayer. At least one member of the majority has reported recognized the problems, that increased tourism would bring, and advocated the expansion of the LIE to Mattituck, and effectively Southold: I believe that the majority. of the Town Board is engaged in the incremental dismantling of the admittedly flawed Master Plan without public disclosure of a full agenda, and the probable effects of their actions. The limited time allotted me does not permit a comprehensive analysis of the Task Force commendations, however, I can emphasis some of the more grievous. The Task Force advocates affordable housing, while admitting it's subsidize at the expense of the already struggling taxpayers, who will have to pay the cost of the necessary bonding, and will suffer the effects of further concessions. Additionally, it is recommended that any profits resulting from future resales revert the Town for future use in such projects. Further, it is recommended that such program, rather than be administrated by elected Town officials, be the purview of the North Fork Housing Alliance, to which fees would be paid, and start-up funds provided. Also, advocated subsidizes rental units, again, at the expense of taxpayers. Accessory apartments, including more recently built, and newly built housing, shared housing, conversion of existing residences to multi-family use. Time does not permit an exhaustive critique of other Task Force recommendations. I submit, however, that the few aspects of the - Task Force recommendations cited are sufficient to prove that their implementation would adversely, and permanent affect the basic character of Southold. Further, in view of the quantum increase in taxes, that the adoption of these recommendations would inevitably. bring, as well as the inevitably destruction of the very character, and ambiance, which residents price so highly. I advocate most strongly that the Town Board disclose it's entire agenda, and intentions, with respect to the Task Force recommendations. Rather than continue it's present policy of considered amendments on a piecemeal basis, the present policy serves to conceal until too late, the total accumulative affects of mutilation of these recommendations from the scrutiny, and analysis, and judgement of Southold's residents. As a final comment at this time, the Board makes frequent reference to confining intensive development to hamlet areas. I suggest that the Board prior to any further action on these recommendation, act in the public interest by providing a definition of hamlet, and delineate any such areas geographically, so that the residents of such areas may inform themselves as to what effect the Board's plans will have on them. Thank you. SUPERVISOR WICKHAM: Thank you, Mr. Flynn, for a very provocative set of comments. I think a number of us on the Board might want to respond to them. I'd like to begin, and 1 think you've done a service by putting a lot of things out in front of us to look at, and the public also to think about. I'd like to respond first to your comment about a member of the Board having proposed the extension of the Long Island Expressway out into Southold Town. I assume you're referring to me, because I was quoted in the newspaper along those lines. That quote was taken seriously out of context. I never proposed such a thing. I did say, that there are serious traffic problems in the Town of Southold. Those problems are going to get more serious as the years go by, and if we're not careful we're going to be in a situation similar to the South Fork. I think we do need to consider in a context of a transportation plan for the Town of Southold, a plan which .the State of New York is prepared to help finance a study as to how we should look at transportation needs, and the alleviation of problems before they get more serious. I never proposed the extension of the Expressway out here, and I had tried to make that point repeatedly. That's the first comment I'd like to make. FEBRUARY 23, 1995 423 F. M. FLYNN: Can I make a comment? Out of courtesy I didn't name you directly. However, I do recall, .meeting with .,you, and you showed me with enthusiasm a map that your father had prepared for the extension of the L. I .E. SUPERVISOR WICKHAM: There was a map prepared back in the sixties, when he was Chairman of the Planning Board, with dotted lines that goes through Riverhead, that shows the connection from the Expressway out here. I'm not here to recommend an extension of the Expressway. I am here to say, that we have serious potential problems, and in one fashion, or another, we're going to have to deal with it. I have never proposed a particular route, or a particular, 'or certainly, an extension of the Expressway. I'm willing to look. F. M. FLYNN: But, you recognize the problems, and I can only answer that, the promotion of tourism is going to add manifold problems to the town. Thank you. SUPERVISOR WICKHAM: You raised several other questions, Frank, that I would like to refer to briefly. You raised the question about basically a hidden agenda, or an agenda of items, that you feel, that some of us on the Board have in Planning and Zoning front, and there's a suggestion, and this is not the first time you've made it, that some of us have a kind of hidden agenda of the things we want to do. Towards the end of your comments you also said, that you're not comfortable with the fact that the Board is taken planning matters piecemeal one by one, and we don't seem to have a comprehensive package of where we're going with this. I think the later is more accurate, than the former. I don't see, in fact I try to get it from time to time from the Board, but I don't think the Board does, and I don't think there's a faction that does have a clear sense of a package of things that we want to try to achieve, achievements for the Town in the planning front. I do tend accept much of what the Stewardship Task Force proposed as a general direction for the Town. Am I prepared to accept all of that as an agenda for the Town? No, but I do think that a lot of that makes sense, and I think a lot of it is in the interest of trying to preserve' the quality of the Town, that I think that you want, and the bulk of the people of this town do want. One of the difficulties we had, as a Board, is taking up planning matters piecemeal. Some of those difficulties surfaced this morning. I think you were at the Work Session this morning. We don't have, we have not been able to fashion a comprehensive plan, a mini Master Plan if you will, that will direct the Town Board so that we're all together, like an orchestra, with all the different parts playing, and all the different kinds of pieces coming together. I think that's asking too much for a Board with such a wide diversions of point of view. Rather, we're taking those pieces from the Task Force recommendations, and from other supporting evidence, that seems to give us, as a Board, where we could find consensus to move ahead in selected areas. The suggestion you've made is that we are leaning too far in the direction of supporting tourism, and at that tourism is going to undermine the residential quality, that we have out here. That is a valid concern. It's a concern that I share, and I think most of us on the Board share.. We'll watch that. We have already trimmed, considerably, what we thought we would do with the B&Bs. We're aware of the concern. Other people have brought it to our attention. I think you'll see a greater sense of that, too, in the future. But, even then, I, and I only can speak for myself, I do think that the growth of businesses in the town of Southold is dependent, to some extent, on money and business brought in from outside. Is tourism in the sense.of a day trip the way to do that, or is it people who live outside, who come and use our wineries, and other sources of entertainment, and the rural quality that we have out here. Ultimately. They perhaps come back, they become second homeowners. Maybe they retire out here. To me, that is part of what is building the economy of this town. So, we're going to watch the tourism side, but I think, speaking for myself, there is value and logic in promoting, in the planning framework, a system that retains the rural quality, but still builds on reasonable business involvement based on outside support. I'm afraid I used up more than my five minutes. Is there anybody else on the Board, that would like to address some of these questions? Alice? 424 FEBRUARY 23, 1995 COUNCILWOMAN HUSSIE: We had a lively discussion, or debate, or whatever it is, on the process of adoption of various recommendations of the Stewardship Task Force this morning. I brought to the floor, again, the fact that I did not feel as the Board, this Board, all six members, had looked at the recommendations, and given them priority, and direction. The response was that the Planning and Zoning Committee had done that, and the Planning and Zoning Committee is made up of a Board. I do not buy that. I didn't buy it this morning. I don't buy it now. I have to worry that we are doing this a piece here, and a piece there. It's almost as if you were trying to decorate a- room, and you see a pretty chair, and you take it from over here, and you like those curtains, and they have nothing to do with one another. I think that we have to. you can call it a mini Master Plan, if you want to, but I think we really have to look at that, because you can not deal with- one thing by itself. There are at least two things, or sometimes more, that are impacted by one move. SUPERVISOR WICKHAM: That's true. Anyone else on the Board like to address this question? COUNCILMAN TOWNSEND: This morning I disagreed with Alice, and I still do. We, in 1983, commissioned a Master Plan. The goals of that Master Plan are much the same as our goals now. That is to remain rural, to keep a rural quality without stifling growth all together. The Master Plan goals said that, however, the Zoning Code, the Zoning Map, did not result in that. What resulted from that is a suburban spread that will effectively eat up all the land, what is now is in farms, and open space. We know what the tools are. The Stewardship Task Force, while it may not be perfect in every area, has identified a lot of these tools. We, as a Town Board, have directed the Planning and Zoning Commission to attack these problems. We're prioritized these problems. We know what we have to do, and we're in the process of doing it, to hire another consultant, to develop a whole another Master Plan might well mean we'll spend another six years going nowhere creating as our Planning Valerie Scopaz says, a lot of pretty maps that are costing $200,000. 1 don't think we need to do that. We have the tools, and we have citizens in this town, that are working on it, on the TDR Committee, on the Open Space Committee, on the Transportation Committee. They're giving us very valuable information, and we're accomplishing something in those lines. I think by the end of this year you'll see that' we have done a lot towards the accomplishment of the original goals of. the Master Plan. That's all. SUPERVISOR WICKHAM: Mr. Flynn? F.M. FLYNN: I think you misunderstood my remarks relatively to the Master Plan. I'm not advocating a new Master Plan. I've had considerable experience with the formulation of Master Plans in the past. I know what's involved. I'm asking for something else. I'm asking for the Board to' do service to your populace by telling them, and abstracting from the Stewardship Task Force those programs which you look on with favor, so that the populace, in it's own mind, can say, is this concerted effort to change these things, going to change the character of the Town? It's the voice of the electorate, not any individual's opinion, and I feel that we haven't had help to disclose this, to disclose the intentions of the Board to the residents, and frankly, the newspapers in this town have been of no assistance in that area, either, so that's the thrust of my remarks, openly disclose where you intend to go with Task Force Recommendations, not in detail, but generally. Then people who are affected, or presume they're going to be affected by them can participate based upon analysis, and based upon knowledge of what they can anticipate. SUPERVISOR WICKHAM: The Town Board did have a discussion along those lines back last year, when we reviewed first in the Planning and Zoning Committee, but that wasn't all. Then it was brought to the full Town Board, so I really can't accept Councilwoman Hussie's comment that was only done in the Planning and Zoning Committee, because the Planning and Zoning Committee brought it to the full Town Board, and reviewed with the full Board the priorities, that we had established in that committee, and then as a Board in dealing with many of these Stewardship Task Force recommendations. Now, that was last year. Maybe it's time to review it again, and see if times have changed, see if some points of view have changed. In the meantime we started work on some of those elements, that FEBRUARY 23, 1995 4 2 5 were given high priority during that review. Maybe it would be a value to, in terms of communication, . to look at - it, again, to put it together in little package, and put it out. I'm personally quite open that. F.M. FLYNN: The only thing I'll say in ending, is my final comment, .there is no value to the public to have them come to a series of fifteen or twenty successive public hearings. First of all, people aren't that well informed, and secondly, frankly most of them have their heads in the sand, and rely on City Hall, but, if you were to give them the opportunity to say, the Town Board intends to that, and intends to that, and intends to do this other thing. This is going to change my neighborhood, or it's going to change the character of the town. It's going to change my tax rate. I think they should be informed of your intention, not item by item, but a compendium of what you intend to do. Thank you. SUPERVISOR WICKHAM: Anyone else? Yes, sir, Mr. Carlin? .FRANK CARLIN: Frank Carlin. I think, in my opinion, we have too many committees in this town. Too many committees sometimes can be confusing. For example, you had two committees on a police study. One said seven police officers, and the other one said, two. However, there was one committee that I feel is very important, that we have in this town, and that is the Southold Committee on Local Taxes. I think they've done a tremendous job on that committee. A lot of work went into that. I take my hat off to them. I give them an A+. That's' a committee that is worthwhile having. Now, how many of you on this Board have read this, all twenty-nine pages of it? COUNCILWOMAN HUSSIE: We've all read it. FRANK CARLIN: We knew a lot of it, that was in there, but now it's in writing. Now, we know the problems. Now, we must take action to correct them. I understand, Mr. Wickham, that your goal for '96 is to reduce the budget and our taxes within the inflation rate. I take my hat off to you for trying to do that. SUPERVISOR WICKHAM: This is the Board resolution. FRANK CARLIN: Right. What I mean is, you as a Board. You represent the Board I understand, and I take my hat off to you. COUNCILWOMAN HUSSIE: No, he doesn't.. SUPERVISOR WICKHAM: Sometimes. When they allow me to, I do. FRANK CARLIN: I take my hat off to you. I applaud you for that. But, sorry to say, and I'll explain why, because come along in Spring, here .comes our schools with a 6,7,8% school budget increases. So, what we've gained here we're going to be losing there. It's a losing battle, especially for next year, when the State reduces our State aid. So, we know that our elected officials in Albany are not doing that much to help us with our school taxes. So, what is left? What is left for the people? The people must start and control our school taxes. What I mean by that is, when it comes time to vote on the budgets, because there ain't no law with our school taxes. I predict in the future, somewhere along the line, that the only people who will be able to live here in Southold Town will be the rich, or people who are on a very, very high retirement income. Now, you're going to tell me you can't control school budgets, and I agree with you, you can't. But, like I said the only ones who are left now to control this budget is the people, when the vote on these budgets. I know we have a problem in Laurel School with almost three rejections. We must not let them use the reasons like, well, if we don't have the budget passed we're going to eliminate transportation, busing. Well, that's a State requirement. That sometimes can happen. I seen it happen, or try to happen in my own experience. They use that, and they more or less threaten the voters, that they're not going to have transportation for the children, so they vote for it. The only one left to control our school taxes is the people, and they looked these budgets over this year very closely, because they're going to use an excuse, and get less State aid. A few more things, if I may, and I'll finish up. I just want to recommend two things, how to reduce taxes. I just want to recommend two things, and this is going to real, when you 426 FEBRUARY 23, 1995 hear these. Why we do need five Councilpeople for on the Town Board? Southampton has four. Riverhead has four. What do we need five for? I know what you're going to say to me. You're going to say to me, well, we need one on Fishers Island. I told you once before, we sell Fishers Island. We don't need it. It's ten miles from the shore. It's three miles from Connecticut. That money would build a nice recycling plant, and number two, which is important, is pay raises. I'm a great believer in pay raises, keep within the inflation rate. That goes for Police, Town, elected officials, school teachers, anybody. Keep it within the inflation rate, because senior citizens are only getting, what we got this year was 2.80, and they took taxes out, so we didn't gain anything. Keep it within the inflation rate. One more thing, and then I'm going to finish. I give President Reagan back in 1982 a lot of credit, when traffic controllers, 400 of them, said to him, we want a raise or we're going to walk. Well, he walked them right out the door. Planes kept flying. I don't recall any traffic fatalities. As the old saying is, no matter how good you are, there is always somebody better that can replace you. Thank you. SUPERVISOR WICKHAM: Thank you, Frank. I guess that's true of us elected officials, too. Any other comments of anyone who would like to address the Board? COUNCILMAN LIZEWSKI : - I think everybody has had a say, so I'd like to throw out a few tidbits. The diversity on this Board i.s fairly great, and even though the majority usually has their say, there are differences constantly, and I have to tell you that as far as the Stewardship Task Force goes, it addresses a lot of things that, at this point in time worry me, and are not relevant at this time. To me the most relevant thing at this time in Southold Town is the tax base, and the economic situation, which we seem to let go, because we have these advisory rules, and ideas, from Task Force. But, I feel that Southold Town is sliding backwards, and not forward, because it's tax base is being cut down simply because we're losing businesses, we're losing stores. We have a lot of emptiness, and we seem to be addressing laws that are going to stop new ones from coming in, but we haven't solved any other problems of why they're leaving, and why people are not succeeding in Southold Town. I think the economic base, and the tax base, that we have 'is probably the most important thing that we should be looking at, as far as legislation, and how we can make business easier, and how we can get things done more efficiently than some of the directions, that we're going. So, there 'is a difference on the Board. We do voice our opinions, and even though we're not always heard, at least we're listened to, and I think it's important that more people participate, and come to these Work Sessions, and hear what's going on. SUPERVISOR WICKHAM.: Alice, do you have any more comments? COUNCILWOMAN HUSSIE: I just wanted to agree with Mr. Carlin on. his proposal, as I heard, that the electorate understand what it's voting about on the upcoming school budgets. I think that's one of the most important things, and that the electorate think with it's brain, and not only with it's emotions. It should not be. forced to deal with an emotional issue, such as you're not going to have buses if we don't do this. Buses are not mandated except in special areas, and special occasions, so that's something that the public really ought to know. I hope that the School Board put out enough information so that the people can vote intelligently, and not by the seat of the pants. SUPERVISOR WICKHAM: Anyone else on the Board like to make some comments? COUNCILMAN TOWNSEND: Just quickly. I know that everybody looks at their own economy with, you know, and they look for local reasons for economic problems. I think that nationwide we've experienced problems with our economy, and Long Island in particular seems to be lagging behind the rest of the country in a recovery, because we've lost so much industry, Grummans, and so forth. What I hope to do is, to create new economic incentive. I feel differently, Joe. I don't think we're negatively affecting our businesses, or making businesses go out. I think all you have . to do is look at Riverhead to see why a lot of our retail businesses are going down. I think we have to look at new answers. We have to look at what makes Southold unique, what's going to create economic activity out FEBRUARY 23, 1995 7 here. The additional strip malls, and shopping centers, are not going to make Southold more prosperous: .Those that, we have are suffering, so what we're trying to do is look at new ways to approach that, to keep Southold beautiful, and rural, but also to keep our economy strong, and I. think we have to consider our hamlet. Our hamlet based businesses, and try to shore up those, and that's what our planning objectives are. SUPERVISOR WICKHAM: Mr. Carlin? FRANK CARLIN: The problem is we don't encourage tourism here. For a good example, the tank museum in Mattituck. That's been there for years, collecting tourism comes in all summer long. On account of some rules come along to make it hard for the people. They're giving them a hard time. They've been there for years drawing tourism. That's the problem in this town, you have too many rules, and restrict people from5'doing'.,,anything. That's the problem in this town, Joe. J SUPERVISOR WICKHAM: I would like to close with a very brief comment about my experiences last week at the Association of Towns meeting in New York City, and this comment (tape change) Closure in the Landfill in Cutchogue, or any other town, that can show that it is not contaminating the groundwater. After that adopted that resolution the Association of Supervisors of Suffolk County, an association of .all ten towns, unanimously adopted virtually the same resolution. Yesterday, the Association of Towns met in New York City. The Association of Town represents six hundred and some towns, virtually all of the towns of the State of New York, and they took up virtually the same resolution, and they also adopted it almost unanimously. The issue now is to, as soon as the Governor appoints the Commissioner of the DEC, to pursue this further. It's very important to the town, because the costs of capping and closing our landfill with all of the requirements, that are currently in the law, if they're not waived, the cost of doing that is somewhere in the range of eight to ten million dollars, and just as a point of reference, the entire Town Budget in . a given year, the taxes that we're collecting to finance the Town Budget for one year is about ten million dollars. So, it's a very big hit, and we feel that it's justified to waive that cost, as long as we can show that there is no significant contamination of the groundwater, related from our landfill. It's not just our town. We found a lot of interest throughout the State, and on Long Island, and even those towns, who have already financed that kind of a closure endorsed this proposal. We'll be .pursuing it further. think this brings to a close today's Board meeting. I appreciate you all being here, and comments we've gotten. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED by 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. Judith T. Terry Southold Town Cler