HomeMy WebLinkAboutTB-06/13/1995 150
SOUTHOLD TOWN BOARD
JUNE 13, 1995
WORK SESSION
Present: Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, - Councilman
Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Supervisor Thomas Wickham (1 :45 P.M. ) , Town Clerk Judith T. Terry, Town
Attorney Laury P. Dowd.
10 :00 A.M. - Newly appointed Town Investigator Edward, Forrester met with the
Board to discuss the scope of his duties in this newly created position.
10 :00 A.M. - Zoning and Personnel : Town Board placed two resolutions on the
agenda (26 & 27) dealing with the proposed Local Law in Relation to Certificate of
Determination, one a negative declaration, and the other -to transmit the law to Town
and County Planning for recommendations.----Board agreed to appoint Josephine
Boyd a member of the Southold Town Landmark Preservation Commission (resolution
28) , to appoint Mark A. Gajowski as a part-time Computer Equipment Operator
(resolution 29), and Lori McIver a Cook for the Southold Town Nutrition Program
(resolution no. 30) .----Wednesday, June 21st, beginning at 3:00 P.M. was set for
interviews of individuals on the Suffolk County Civil Service Certification of Eligibles
Lists for Clerk and Clerk Typist to fill anticipated vacancies. At 4:30 P.M. on
that day the Board will interview applicants for a part-time Clerk Typist position
at Police Headquarters.----inasmuch as there were no applicants for the
Transportation Committee vacancies after two advertisements, the Board agreed' they,
along with the Transportation Committee members, would seek applicants.----Board
discussed the Scale Operator vacancy and the short-listed applicants that were
interviewed recently. Councilwoman Hussie said she would like to check the
references on three of the individuals and .will have a recommendation for the June
27th meeting.----Senior .Planner Valerie Scopaz joined the Board and asked them to
consider appointing two summer interns to assist the Planning Department. :One
individual, Karen Miska, has been working for them during the spring semester,
without pay- :as part of a government/history class.(resolution 31) .
11 :00 A.M. - The proposed Local Law., in Relation to Providing a Change in the
Amount of Veterans' Exemptions was discussed. The Board reviewed a memorandum
from Assessor Chairman Scott Russell, and a letter from F.M. Flynn. Inasmuch as
the law is somewhat complex, -the Board agreed to hold further discussion and ask
Mr. Russell to meet with them at the June 27th work session.----The Board' spent
the remainder of the , morning discuss criteria for funding not-for-' profit
organizations. It was agreed Councilwoman Hussie and .Justice Evans would draw
up criteria for the Board's consideration, on June 27th.----The Board briefly
discussed the Community Service Program, and Councilman Lizewski volunteered to
see that the problems with the" program are resolved.
11 :40 A.M. - Recess for lunch.
1 :45 P.M. - Suffolk County Department of Health Services Commissioner Dr. Mary
Hibberd, along with some of. her associates, met with the Board to discuss Medicaid
Managed Care. Dr. Hibberd brought the Board up to date on the County's health
centers and programs, and'Mark Cronin, Project Manager of the Suffolk Health Plan,
made a presentation on how the plan works.
JUNE 13, 1995 151
2 :35 P.M. - Donald Grim met with the Town Board to discuss the contamination of
the water supply wells on his property north of the landfill. He asked the Board
to reimburse him for the $12,000 to $13,000 he has spent trying to get potable
water. He would then like the Town to drive a deep well and hopefully he will come
up with clean water. Supervisor Wickham explained that the Suffolk County
Department of Health Services has agreed to place a deep monitoring well north of
the Landfill, and the Town could use the well as a pilot well both for supply and
informational purposes related to closure protocols. He proposed to place that well
on Mr. Grim's property (resolution 32) . Supervisor Wickham then presented a
proposed resolution (33) ' rescinding a resolution for engineering services of Dvirka
and Bartilucci with regard to engineering investigation of well relocations and
filtration system.s_. at: the Landfill site at a total cost for engineering and well work
not to exceed $5,000.00, and submitted a replacement resolution (34) to engage the
services of D&B for engineering research up to $1 ,000.00, and representation before
NYS agencies up to $4,000.00. Mr. Grim presented the Board with a copy of a
survey showing the direction of groundwater flow from the Landfill, where the
former scavenger waste lagoons were located., toward his property, and the location
of the four wells on his property. It was agreed the Town Attorney would meet
with Mr. Grim's attorney, Harvey Arnoff, to discuss Mr. Grim's problems.---Council-
woman Hussie distributed a copy of an article in newspaper stating that Governor
Pataki has been asked by a top aide to declare a moratorium on the closing of
landfills in the state to give his administration time to review dump closure
regulations and policies. Councilwoman Hussie will submit a proposed resolution to
for the next meeting urging the Governor to go forward with the moratorium for
a review of the current rules with the possibility of making changes.----Supervisor
Wickham discussed a letter received from the YMCA which stated the Board of
Directors of the YMCA of Long Island requests that in lieu of the provision for the
use of Tasker Park for the YMCA, or a site in Greenport, that the Laurel Lake site
be made available instead. The request was based on further financial study as it
relates to fund raising, YMCA operations., and government subsidy. They have
determined that the Laurel , site can be self-sustaining and will not require
government support. Supervisor Wickham asked for a resolution (35) amending the
Board's prior resolution for Tasker Park and offer the Laurel Lake site.--- :-.-A
decision on the change of zone petition of Depot Enterprises, Inc. was discussed
(Councilman Lizewski, owner of the property, excused himself from the discussion) .
Supervisor Wickham said he would not look favorably on changing the zone on the
property until the property is in full compliance with the Zoning Code. It was
agreed to discuss this again at the next work session on June 27th.
3:05 P.M. - The Town Board discussed the on-going question of police hiring. In
light of the recent letter from the Suffolk County Department of Civil Service
concerning by-passing - Eric Hines and appointing Stephen Ryan, they pointed out
that it is a misdemeanor. Further correspondence states that the entire police
department payroll will be in jeopardy. Supervisor Wickham stated that their only
alternative is to rescind the appointment of Stephen Ryan (resolution 39) .
Councilwoman Hussie : said the move : is morally reprehensible: Councilman Townsend
stated the:'matter=.should--be left in the 'handsi of the- civil service hearing officer to
make the decision,'asi::_to ' w.hethei�: Eric'.`-.Hines is- fit .to be. al :Southold ` Town Police
Officer.
3 :29 P.M. - Work Session adjourned.
152 JUNE -13, 1995
REGULAR MEETING
The Regular Meeting of the Southold Town Board was held on June 13,
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
Councilman Joseph L. Townsend, Jr.
Councilwoman Alice J . Hussie
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry'
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Anyone want to move the audit of the bills?
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the following bills be and here ordered paid: General
Fund Whole Town bills in the amount of $101,898.46; General Fund Part
Town bills in the amount of $1,882.52; Community Development Fund bills in
the amount of $425.00; Highway Fund Whole Town bills in the amount of
$5,542.37; Highway Fund Part Town bills in the amount of $14,635.73;
Tractor E Payloader Capital Fund in the amount of $3,161 .90; Employee
Health Benefit Plan in the amount of $54,776.22; Fishers Island Ferry
District bills in the amount of $5,013.04; Refuse & Garbage District bills
in the amount of $36,455.08; Southold Wastewater District bills in the
amount of $3,000.00; .Fishers Island Sewer District bills in the amount of
$196.15; Fishers Island Ferry District Agency 6 Trust bills in the amount of
$768.36.
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 minutes of the May 30, 1995, Town Board meeting be
and hereby was 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 Justice Evans, '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, June 27, 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.
I . REPORTS.
1 . ' Southold Town Building Inspector Monthly Report for May, 1995.
2. Southold Town Planning Board Monthly Report for March, 1995.
3. Southold Town Planning Board Monthly Report for April, 1995
4. Southold Town Scavenger Waste Treatment Facility Monthly Report
for May, 1995.
5. Southold Town Judge Tedeschi's Monthly Court Report for May,
1995.
6. Southold Town Clerk's Monthly Report for May, 1995.
JUNE 13, 1995 153
7. Southold Town's Program for the Disabled May 1995 Events Report.
8. Executive Summary 1995 Budget as of May 31, 1995.
9. Lawrence Healthcare Town Benefit Report for May, 1995.
10. Lawrence Health care PBA Benefit Report for May, 1995.
11 . Southold Town Judge Evans' Monthly Court Report for May, 199
II . PUBLIC NOTICES.
1 . New York State Department of Transportation, Designation of
Restricted Highways, which are being reconstructed.
2. New York State Department of Environmental Conservation Negative
Declaration, Notice of Determination of Non-Significance on * McElroy
dwelling on Long Creek Drive, Southold.
3. Department of Transportation Notice of Order to place a stop sign
on Elijah's Lane.
III . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M., on the proposal of Frank Cichanowicz III to amend the
Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk
County, New York.
2. 5:05 P.M., on the proposed "Local Law in Relation to Appearance
Tickets".
3. 5: 10 P.M., on the proposed "Local Law in Relation to Landmark
Preservation".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: I hope everybody has a copy of the agenda for
this afternoon's meeting. The agenda calls for three public hearings
beginning at around five o'clock. When five o'clock comes we'll interrupt
the reading of the resolutions, and deal with those public hearings at that
time. On the last page of the agenda, there was an order of business that
governed the Work Session this morning and this afternoon. A Work Session
.that just finished about ten minutes ago, in fact, even less that ten
-•minutes ago, and there are several resolutions, that came up during that
Work Session, which had been added to the ending of the resolutions, that
are on our agenda. At this time, anybody in the audience is invited to
address the Board on any of the resolutions. that are about to be taken up.
Would anyone like to address the Board on this resolutions? Yes, Mrs. Koch
in the back?
BARBARA KOCH: My name is .Barbara Koch. It's in reference to the
resolution to use Laurel Lake for the YMCA. Is this going to be a definite
site, or can we put a hold on this? I mean, it's going to take away from
the centralization for, here. Every "time we get something for the Southold
area, Greenport, and Mattituck, it ends up further away from us. We're not
going to be able to utilize it as easily for the schools, for the
recreation, or day care center, to help the parents out here. We never seem
to get anything. I would request that you put a hold on using that.
SUPERVISOR WICKHAM: Let me just respond. I've tried, and the Board has
previously adopted a resolution, that would left it in Peconic. That was the
place that we thought made the most sense from a planning prospective for
the town. We said when we did that, that we would reconsider the location if
the Y came back to us, and found that it was financially not feasible, or
not satisfactory. They have come back to us, and they basically said, it
could have been in Peconic, but it would cost $100,000 a year of financing
from the Town. But if it's in Laurel the likelihood is that the membership
base is large enough, that it can be financed entirely with membership
without the need. of a subsidy from the Town. So, they have urged us to
consider Laurel, and I've asked that it be put on the agenda, because I'm
154 JUNE 13, 1995
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afraid that if we can't deal with it in a manner that they would be
satisfactory to them, we're likely to lose it all together. So, I've asked
to put it on for a resolution this afternoon in the Laurel Lake site.
realize the difficulty this could cause, and we can have some discussion
about it when the time comes, but I still think it's clearly in the Town's
interest to move ahead. I understand how you, and many others will feel
about it.
BILL WARNER: Mr. Wickham, my name is Bill Warner, and I'm wondering
about this YMCA in the total concept. I sat through your Work Session, and
I did not hear how much this is going to cost anybody, including the YMCA.
My general observation in the past has been that people who are for
something always consider that somebody else is going to pay for it, and not
them. I detect that, that concept is present here in this room. I just heard
that we're changing the location, because it would cost us $100,000 a year,
therefore, let's put it over there. How much is Riverhead going to contribute
to this YMCA? I have a question. What has happened to the Bailey Beach
building, and property, '..that was supposed to be for our youth? I have
never seen it in operation. You can't even get down to it anymore. There's
a big blockade across the road. I hear that we have a Peconic Recreation
Center, that is available to our youth, and it is used very little. Before
the Board goes forward - I would like to know, actually the Board would like
to know, where are all the monies going to come from? How much is this
thing going to cost? There's a lot of operating expenses, that go with it.
People cost a lot of money in salaries.
SUPERVISOR WICKHAM: Can I address those questions to the extent that I
can answer them? It would be good if a representative of the Y were here to
answer this, but I think' I can answer it reflecting their views, because
I've discussed this. with them several times. There are two questions, that
you asked, Bill. One is where is the money going to come from, and what
are the budgets, and the second question has to do with ,Bailey Beach. The
first question, it's my'• understanding that the full facility branch of a Y
out here, with an Olympic size swimming pool, will have an investment cost
of about a million and a half dollars. The YMCA proposes to manage a fund
drive to raise that money locally here on the North Fork. It would not
.require expenditure from the Town of Southold, or the Town of Riverhead,
for that matter. The operating budget for a full facility Y here in the
town, once it's established, will be on the order of $450,000 per year. That
money, if it's located in Laurel, they think can be . generated through the
programs they offer, and memberships, that would finance it. If it were in
Peconic, they . don't think that it would fully finance it. It would fall
short by about $100,000 a. year, and that's a large part of the logic for the
shift in their thinking towards Laurel Lake. In all of this the only cost
to the Town would be the release:of some property to be built on. The Town
would not participate in financing the facility, nor would the Town be asked
to contribute to the operating funds. We are being asked to make available
to the YMCA a piece of property, ' Town owned property, that they could
build it on, and the Board correctly has asked, that in making this land
available to them, we make it clear that it would revert back to the Town in
the event that the project does not go forward, or in the event that we
can't come to an ultimate agreement as to how to move the project ahead. To
turn to Bailey Beach, which has never really been on tiie agenda of the
YMCA for a location. They haven't seen that site. I can't speak for them. I
can't even speak for the Board, but . I guess it's not easy for me to imagine
that the Y would be attracted to that site for a full facility branch.
BILL WARNER: Excuse me, I didn't raise that question. All I'm asking is,
the Town, or people in the Town, conceived a recreation; center at Bailey
Beach. It was built, and it has not been used. I'm saying, why has it not
been used? There is a facility for our youth, and they do !not use it.
SUPERVISOR WICKHAM: I don't know the answer to that question.
BILL WARNER: I'd would to raise another question. Most 1aarge businesses,
corporations, as it were, before they embark on a specific program will do
what you call a market survey. As such a survey is made as to how many
people, families, children,' organizations, will use this YMCA, and what sort
of revenue will be generated thereby?
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JUNE 13, 1995 155
SUPERVISOR WICKHAM: Exactly that analysis has been made, and it was
done by the YMCA and that is exactly what has precipitated a shift from
Tasker Park to the proposed Laurel Lake site. The YMCA's rule of thumb
is that members can be expected within a fifteen minute driving radius of a
facility. If it's beyond fifteen minutes you really can't expect much
response from the membership, and the Laurel site would encompass a
significantly greater membership population to draw members from, that
would generate enough revenues to finance that annual budget. They've
done that analysis, and they've written us accordingly, and that's the basis
of the resolution today.
BILL WARNER: I'm glad you mentioned fifteen minutes, because that leaves
Orient out. It takes more than fifteen minutes from® Orient. It takes more
than fifteen minutes from Creenport.
SUPERVISOR WICKHAM: I guess, it depends on how you drive, Bill.
BILL WARNER: I drive pretty good, and from my house in Mattituck to the
church in Creenport takes me a minimum of twenty minutes. Thank you
very much.
SUPERVISOR WICKHAM: Thank you, Bill. Is there anyone else who like to
address the Board? Before you do, can I just indicate that there is another
resolution that is not on the. agenda, that you might be wanting to address,
and should for the purpose of disclosure indicate. Resolution #39 will be a
resolution before the Board to release from the service of our Police
Department an officer, Officer Ryan, as a means by which the Town can
comply with Civil Service Law.
JAMES GINAS: Good afternoon. I'm James Cinas, President of the
Southold PBA. I . would like to address the Board on the issue of police
hiring, namely the position Steve Ryan, and one other officer, who was
skipped over on the preferred list. In September of '94 Supervisor Wickham,
and the Town Attorney were presented an option regarding the expected
abolishment of Creenport Village P.D. That option was presented by me, and
the Chief of Police. It was to hire, at that time, off the existing Civil
Service list, and insure the ' integrity of the Southold Town Police
Department by using the one in three rule. It was suggested that this would
allow the Town to outlive the four year preferred list, if need be. This
suggestion apparently went unheeded. Now the Town is faced with a
dilemma. There are people on the preferred list, that the Town does not
want to hire for one reason, or another. Civil Service Law has been violated
by skipping a member on the preferred list. The Town was not put in a
position by the PBA. The Town ,was not put in a position by Civil Service.
The options were made very clear, and we have known about the preferred
list since November 17th. The options at this point to alleviate the
problem of the decertification. of the payroll would be to hire the person
skipped and challenge him under Civil Service Law, suspend him witl.out
pay, and challenge him, not to lay off Officer Ryan. The overtime approvals
for the first five months of 1995 are in excess of 4,100 hours. Forty-one
hundred man-hours clearly indicates that we need more police in this town.
Laying off a Police Officer to solve the problem, does not solve the
problem. We need people on the streets now. The Law was designed to
protect those individuals, who have lost their job through no fault of their
own. The Creenport Village Police Officers lost their job through no
apparent fault of their . own, and now, they, and the PBA are made to bear
the burden, because the Town does not want to hire certain individuals.
These individuals may or may not be quality candidates. It's not for me to
say. It's a decision the Board has to make, but there is an avenue within
the Law that allows the Town to correct the situation. That would be to hire
and suspend without pay, and challenge an individual under Section 75
hearing. .This is what we're asking the Town Board to do. Keep as many
Police Officers on the road as possible, and challenge those individuals
that they do not want to hire.
SUPERVISOR WICKHAM: Thank you. Would any member of the Board like to
respond?
15 6 JUNE 13, 1995
COUNCILMAN TOWNSEND: I would like to respond ;to Ginas' comment
about the hiring before the Greenport Police Department was disbanded.
Under that scenario, of course, Mr. Ryan would not be Hired now, and nor
would any of the other members of the Greenport Police Department be
hired. The members that you would hire would probably ibe. just coming out
of training at this point, and we would have still had the lack of service
for the first few months of the lag-time between the time the Police Force
was disbanded and the time we had to pick up that service. Secondly, under
the second, the option you're talking about, hiring and then fire, and
holding a hearing, my feeling is that at that point the burden of proof will
be much greater, because there would really have to be; something that he
did while he was in: our employ. I don't think that it (would hold water.
There would be statute of limitations we'd have to deal with, that we would
not have to deal with, if you're contemplating hiring somebody. You're
giving somebody much greater status if you hire them, in my opinion.
Probably have the PBA in here defending him, if we did hire him. So, I
don't feel that's a plausible option.
JAMES GINAS: First it was suggested to hire in mass, because we were
looking to ensure the' integrity, and have some control I over those people
hired. Correct, Steve Ryan would not be a member, but we would still be
fighting for the position of a full-time Police Officer, whether his name
was John, or Steve, or Joe, it wouldn't matter. Secor�dly, Civil Service
allows the same burden of proof in a case of deferred list whether you
challenge before the person is hired, or after they're hired, and suspended.
It allows no statute of limitations, because the challenge is conducted
based on activity that would have been charged if this person was employed
by the Southold Town Police Department, when the offei se, or the alleged
offense, or the alleged offense was committed, and I believe you will find
that they waive the statute of limitations the eighteen months, the eighteen
months, statute of- limitations, in this case because it is� a unique scenario
of a preferred list.
SUPERVISOR WICKHAM: I'd just like to comment. I don't recall you're ever
coming in, and advising me to hire, or advising us to hire in September at
that time, but I do recall you frequently, and the Chief, had urged us to
move ahead in hiring additional officers throughout last year, 1994.
JAMES GINAS: If I may address that, it was in the Town Attorney's
Office. I was present. The Chief of Police was present You were there.
The Town Attorney was there, Mr. Stark, and Gino DeStephano from Civil
Service were there, and I believe, Barbara Rudder from Accounting was
there, and the suggestion was made to hire in mass at this point, make
promotions within our department; set up the department the way we would
foresee best fit to outlive a four year preferred list, and.
COUNCILMAN TOWNSEND: At: that point they didn't know. They didn't
know that you were going to dissolve the Police Department. I'm sorry,
just wanted to interrupt you at that point. In September, it was before the
vote was held. Is that correct?
JAMES GINAS: That is correct, and it was also discussed that, at that
point, if Greenport did not abolish, the worse case scenario would be, these
people that were hired and trained would then be laid off. They would not
be members of the PBA. They would not be members of the Union. They
would be trained police officers, and they would fall above any Greenport
Village Officer on the ' preferred list, because they would, in fact, be
Southold Town Officers above Greenport Village Officers. So, in the worse
case scenario we would have spent the ,six months training these people, and
then they would have been laid off for a period ,of time.1 Their employment
would have inevitable with retirements, that are planned' for the next two
years.
SUPERVISOR WICKHAM: Would anyone else like to add Dress the Board on
any of the resolution before us this afternoon? (No response.) We have a
series of resolutions. It's just about 5:00 o'clock, and I wonder if we
shouldn't instead of getting into the resolutions, if we ' shouldn't actually
begin with the first of the three hearings. Do I hear al motion to have a
recess to begin the three hearings?
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JUNE 13, 1995 157
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, 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.
Meeting reconvened at 5:35 P.M.
SUPERVISOR WICKHAM: We can go back to our regular agenda, which
begins with taking up the resolutions before us this afternoon.
1 .-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 1995 Budget to appropriate funds for the donation
to the America's Sail event:
To:
A7550.4.400.100 Celebrations, American's Sail $ 1,000.00
From:
A1440.4.500.200 Engineer, NYS Road Runoff $ 1,000.00
1 .-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman
Townsend, Councilman Lizewski, Supervisor Wickham. No: Justice
Evans, Councilwoman Hussie.
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
the installation of a street light at the intersection of Sound Avenue and
Farmveu Road, Laurel, and a street light at the intersection • of Aldrich
Lane and Harvest Lane, Laurel, all in accordance with the provisions of the
Southold Town Planning Board with regard to Farmveu Associates Major
Subdivision; and be it
FURTHER RESOLVED that the Town Board hereby authorizes. Long Island
Lighting Company to install the secondaries to energize the above described
street lights.
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 1995 Budget modification to the General Fund Whole Town to
appropriated donated funds for the Tree Committee:
To:
Revenues:
A2705.30 Gifts & Donations, Tree Committee $ 766.13
Appropriations:
A8560.4.400.200 Trees and Tree Maintenance $ 766. 13
3--Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: I would ask the Board to hold Resolution #4. We
don't have all the information we need. Going on to #5.
JUNE 13, 1995
158
5 .-Moved by Councilwoman Hussie, 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 Ceneral Fund Whole Town to
cover cost Incurred through the Youth Scholarship Program for the Spring
Programs:
From:
A7310.4.600.300 Miscellaneous Programs $ 287.50
(Youth Scholarship" Program)
To
A7020.4.500.420 Recreation Administration $ 287.50
(Youth Program Instructors)
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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to readvertise for bids for 150,000 square
yards, more or less as may be needed, of Latex Modified Emulsified Asphalt
Pavement Course (Microsurfacing) for the Superintendent of Highways.
G.-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 Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Lawrence Healthcare Administrative Services, Inc. to pay the
bill of Lawrence s . Memorial Hospital for services incurred by a Town
employee (Serge Doyen), which bill was submitted to Lawrence Healthcare
by the hospital more than 90 days after the date of service.
7.- Vote of the Town Board: Ayes: . Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
B.—Moved by Councilwoman Oliva, seconded by Councilwoman Hussie,
At a meeting of the Town
Board of the Town of
Southold, Suffolk County,
New York, held on the 13th
day of June, 1995.
PRESENT: Thomas Wickham, Supervisor
Joseph J. Lizewski, Councilman
Alice J. Hussie, Councilwoman
Joseph L. Townsend, Jr. , Councilman
Ruth D. Qliva, Councilwoman
Louisa P. Evans, Town Justice
Members of the Town Board
--------------------------------------------------
In the Matter
of
The petition of the owners of more than one-
half of tha real property fronting on Land's
End Road, Latham Lane, and unnamed stub
road on the east side of Land's End Road.
--------------------------------------------------
WHEREAS, a written petition, dated April 27, 1995, was heretofore duly
filed with this board pursuant to Section. 200 of the Town Law of the State of
New York for the Improvement of highways in said town known as Land's End
Road, Latham Lane, and unnamed stub road on the east side of Land's End
JUNE 13, 1995 159
Road, in the Town of Southold, and shown and designated on a certain map
entitled "Map of Land's End at Orient Point", surveyed by Van Tuyl & Son
Licensed Land Surveyors, Greenport, New York, and filed in the Office of the
clerk of the County of Suffolk on May 3, 1973, as Map number 5909, and this
day filed in the Office of the southold Town Clerk, by the permanent pavement
of such portion thereof as may be necessary, and the construction of such
curbs, gutters, catch basins and drainage facilities as may be necessary; and
whereas it duly appears that such petition has been duly signed by the owners
of real property owning at least one-half of the entire frontage or bounds on
both sides of said highway; and whereas it duly appears that such petition was
also duly signed by resident owners residing on or along such highways; and
whereas such petition was duly acknowledged or proved by all signers thereof
in the same manner as a deed to be recorded; and whereas the maximum amount
proposed to be expended for the improvement of said highways as stated in the
petition is the sum of Eighty-one Thousand Four Hundred Forty-Eight Dollars
($81 ,448.00) , it is -pursuant to the provisions of said Section 200 of the Town
Law of the State of New York, hereby
ORDERED that the Town Board of the Town of Southold, Suffolk County,
New York, shall meet at the Southold Town Hall, at Southold, in said Town,
on the 11th day 'of July, 1995, at 5:00 o'clock in the evening that that day, for
the purpose of considering the said petition and hearing all persons interested
in the subject thereof concerning the same.
Town Board of the Town of Southold
Suffolk County, New York
/s/ Thomas Wickham, Supervisor
Thomas Wickham, Supervisor
Is/ Joseph J. Lizewski, Councilman
Joseph J . Lizewski, Councilman
�/� Alice J . Hussie Councilwoman
Alice J. Hussie, Councilwoman
/s/ Joseph L. Townsend, Jr. Councilman
Joseph L. Townsend, Jr. , Councilman
/s/ Ruth D. Oliva, Councilwoman
Ruth D. Oliva, Councilwoman
/s/ Louise P. Evans, Town Justice
Louisa P. Evans, Town Justice
160 JUNE 13, 1995
8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute agreements between the
Town of Southold and the North Fork Housing, Alliance for the following
programs, funded .by the- 1995 Community Development Block Grant Program,
all in accordance with the approval of the Town Attorney:
Clinton Child Care Center Program, assistance in operation of child care
center serving low/moderate income children, $10,000, for the period of July
1, 1995 through June 30, 1996.
Home Improvement Program, rehabilitate/improve private homes, $90,000, for
the period of July 1, 1995 through June 30, 1996.
Housing Counseling Program, provide comprehensive housing counseling to
low/moderate income persons, $20,000, for the period of July 1, 1995
through June 30, 1996.
Family Self-Sufficiency Counseling Program, provide direct support services
counseling to Section 8 tenants enrolled in Family Self-Sufficiency Program,
$10,000, for the period of July 1, 1995 through June 30, 1996.
Housing Agency Assistance Program, operation costs in support of a
community based housing agency, $18,000, for the period of July 1, 1995
through June 30, 1996.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
Abstain: Councilman Townsend.
This resolution was duly ADOPTED.
10.- Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the expenditure of $224.33 for the phone bill for the SAFE RIDES program,
plus any additional monthly charges; said charge to be made to Buildings
Grounds, Telephone, A1620.4.200.100.
10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .- Moved by Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, the savings from the proposed closure of the U.S. Coast Guard
Search and Rescue Detachment at Fishers Island, effective October 1, 1995,
are proportionally insignificant to' the overall cost cutting efforts. of the
U.S. Coast Guard in 1995; and
WHEREAS, the response time to the: .area of the Race will increase by
approximately 20 minutes as a result of the proposed closure; and
WHEREAS, approximately 100 calls of the 380 made each boating season are
responded to from Fishers Island, and 600 of those are emergency calls;
now, therefore, be it
RESOLVED that although the Town Board of the Town of Southold is
sympathetic to the U.S. Coast Guard's efforts to cut costs and consolidate
operations, the Town Board of the Town of Southold urges the U.S. Coast
Guard to reconsider the proposed closure at Fishers Island, and maintain the
search and rescue detachment at Fishers Island for search and rescue
operations.
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 Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1995 Budget modification to the General Fund Part Town to
allocate funds to purchase a file cabinet for Planning Board.
JUNE 13, 1995 1. 6 1
To:
B8020.2.200.300 Planning Board, Equipment $ 109.99
From:
B8020.1 .200.100 Planning Board, Personal Services $ 109.99
Part-Time Employees
12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
13.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the release of the $50,300 Letter of Credit for Southold Villas, which was
posted as a bond for certain uncompleted items in Phase I, and items in
Phase 2, all in accordance with the recommendation of the Southold Town
Planning Board and Superintendent of Highways Jacobs.
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Aproinment of 2 Lifeguards rescinded by Res. #3,1 Ju� 199.
14.-Moved by Councilman Townsend, seconded by Supervisor is am, i was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following 1995 Lifeguards, Playground Instructors, and Beach Attendants:
LIFEGUARDS
Brian Stype (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Jeff Falkowski (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Ann Tohill (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Heather Tohill (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Jed Meade (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Caroline Gallagher (1st year) . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
James Connolly (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Dennis Claire (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Sarah Weimann (lst year) . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 42/hour
Michael Stype (1st year-substitute lifeguard) • • • • . . $7 . 42/hour
.Robert Stepnoski (2nd year-substitute lifeguard) . . . $7 . 'o9/hour
"Victor Santagato (4th year) . . . . . . . . . . . . . . . . . . . . . . . . $8 . 22/hour
PLAYGROUND INSTRUCTORS
Heather Graham (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . $8 . 00/hour
Susan Winters (1st year) . . . . .. . . . . . . . . . . . . . . . . . . . . . .
$8 . 00/hour
BEACH ATTENDANTS
Susan Winters (1st year) . . . . . . . . . . . . . . . . . . . . . . . . . . $5 . 83/hour
Abigail Hansen (2nd year) . . . . . . . . . . . . . . . . . . . . . . . . . . $5 . 99/hour
14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This• resolution was duly ADOPTED.
15.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva., it was
RESOLVED that. the Town Board of the Town of Southold accepts the
proposal of Rhen E Fore, Certified Public Accountants, to conduct an
audit of the books and, records of the Town of Southold and its grant
programs for the year ended December 31, 1994, at a total fee of $15,775.00
($13,775.00 for the Whole Town; $2,000.00 for Community Development
Program) .
15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
162 JUNE 13, 1995
16.= Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Pamela Moore as an EISEP (Expanded In-Home Services for the Elderly
Program)' Aide, effective June 14, 1995, 17-1/2 hours per week, at a salary
of $6.00 per hour.
16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, is was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an acceptance of the
proposal of Hawkins, Delafield & Wood to serve as bond counsel to the
Town in Connection With the sale and issuance of $300,000 New York State
Environmental Facilities Corporation Metal Dump Abandonment Serial
Bonds-1995, which Bonds will evidence the Town's obligation to repay the
loan made to the Town pursuant to a Loan Agreement between EFC and the
Town and the related Terms Certificate.
17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.- Moved by Councilman Townsend, seconded by Justice •Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
the following appointments to Lifeguard, Beach Attendants, and Playground
Instructor made on May 30, 1995:
Andrew Ruhf, Lifeguard, 2nd year, $7.69 per hour
Jennifer Cherepowich, Beach Attendant, 3rd year, $6.15 per hour
Amy Pillis, Beach Attendant, 4th year, $6.31 per hour
Theresa Pressler, Playground Instructor, 4th year, $10.00 per hour
18•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the .Town of Southold hereby modifies the
General Fund Whole Town 1995 Budget to appropriate funds for the payment
of accumulated vacation time to a Police Officer under the terms of the PBA
Contract:
To:
A3120.1 .100.300 Police, Vacation Earnings $ 3,600.00
From:
A3120.1 .100.100 Police, Regular. Earnings $ 3,600.00
19.- Vote of the Town Board: -Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.- Moved by Councilwoman Oliva, 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 to appropriate funds for the payment
due to Police Officer Alan Czelka as a result of his disability retirement:
To:
A3120.1 .100.300 Police, Vacation Earnings $ 7,700.00
A3120.1 .100.400 Police, Sick Earnings 20,100.00
A3120.1 .100.500 Police, Holiday Earnings 1,200.00
From:
A3120.1 .600.500 Police, Retirement Reserve $ 29,000.00
20.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JUKE 13, 1995
21 .- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
their appointments, on May 30, 1995, of Michael J. Sheppard and Jerrold
H. Lutz as full-time Traffic Control Officers, whereas Mr. Sheppard and
Mr. Lutz have .declined the positions.
21 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
22.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Joseph Reiter Jr. and Joanne Jackson as full-time Traffic Control Officers,
effective immediately, at a salary of $8.35 per hour.
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 Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to engage
the services of the following individuals as part-time Deckhands,
effective immediately, at a salary of $5.75 per hour: John G. Strecker,
William C. Alter, Christopher M. Weingart.
23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
24.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following modification to the General Fund Whole Town 1995 Budget to
appropriate additional funds for travel to and from Fishers Island and for
the rental of the office space on Fishers Island:
To:
A1110.4.400.400 Justices, Fishers Island Office Rental $ +50.00
A1110.4.600.300 Justices, Travel Reimbursement, F. I . 1,050.00
From:
A1110.4.200.200 Justices, Light'& .Power, F. I . Office 1,200.00
24.- Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman
Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor
Wickham. Abstain: Justice Evans.
This resolution was duly ADOPTED_.
25•- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the .Town Board of- 'the. Town of Southold hereby grants
permission to Police Officer Edward Grathwohl to a one-day Armorer's and
Preventive Maintenance Course for " Glock Pistols at the Hempstead Police
Department Training Facility on Tuesday, July 18, 1995, and the $55.00
registration fee, and necessary expenses for travel, using a Town vehicle,
shall be a legal charge to the Police Department's 1995 Budget.
25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
26 .- Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environmental.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to
Certificate of Determination", which amends Chapter 100 (Zoning) of the
Code of the Town of Southold by deleting Certificate of Determination, in
1 6 4 JUNE 13, 1995
light of the transfer of responsibility for site plan waiver back to the
Planning Board. 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 planned.
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 Justice Evans, seconded by Councilwoman Oliva,
WHEREAS, there was present to the Town Board of the Town of Southold,
on the 13th day of June, 1995, a Local Law entitled, "A Local Law in
Relation to Certificate'of Determination"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is , authorized and
directed to transmit this Local Law to the Southold Town .Planning Board and
the Suffolk County Department of Planning for their recommendations and
reports, 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 Certificate of Determination
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 100-1313 is hereby amended by deleting the following
definition:
G€RTIRGATE-9I=-B€ €f aAT4QN--A-desunaeat-issued-by-the
B iflg-Fester-ser I€y+nQ-that-t ie-prepesed-busiaess-use-ef as
exist+ag-bdsiRess-s#FustuFe-a Rdlor-prepe"rR plies-wi#h-the-tewa's
Z-GRiflQ-cede-at-the-date -i WaRGe-
2. Section 100-280G is hereby deleted in its entirety:
G. The-Edild!Ft@4Rspester-,-at-the-fequest-ef-the-applrsaat;-skull
r-eµiew and, if appFeoFiate;shatl-issue-a-sertiF4eate-ef deteFMiRatisa
�+peR-the-lRs�estleR-efaR-e�istiRg-e�+siRess-str-ustur-e-aadler
preper r-Gempliaaee4ith-the-tewRLS-Z-eRiflg=Bede at-the-tirae-ef
issuaRse. Th fee-feF th+e issuaRee Ofa-seFti#+sate-efdeter4*RatieR
shall ;e-ee 1-3eaFd4e5e4uttefl-
I.I . This Local Law shall take effect- upon filing with the Secretary of
State.
* Underline represents additions.
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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of ,Southold hereby appoints
Josephine Boyd as a member of the Southold Town Landmark Preservation
Commission, effective immediately, to fill the unexpired term of John E.
Page to April 5, 1996.
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman . Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JUNE 13, .1.995 165
29.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Mark A. Cajowski as a part-time Computer Equipment Operator, effective
immediately, 17-1/2 hours per week, at a salary of $10.50 per hour.
29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
30.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
_ Lori McIver as a Cook for the Southold Town Nutrition Center, effective
June 19, 1995, 35 hours per week, at a salary of $18,792.63 per year.
30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
AMENDED August 8, 1995 b<< Resolution2
31 .-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Karen Miska as a part-time summer intern for the Southold Town Planning
Board, effective July 1, 1995, at a salary of $5.00 per hour.
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 Supervisor Wickham, seconded by by Councilwoman Oliva,
WHEREAS, the Suffolk County Department of Health Services (SCDHS) has
agreed to place a deep monitoring well north of the Cutchogue Landfill; and
WHEREAS, the Town Board of the Town of Southold wishes to use this well
as a pilot well both for supply purposes and for informational purposes
related to closure protocols for said landfill; and
WHEREAS, the increased cost of placing a supply well relative to a
monitoring well are not more that $1,000.00; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between
Town of Southold, Suffolk County Department of Health Services and a
property owner in the area of the landfill for the SCDHS to construct one
two-inch supply well to a depth of 1.86 feet, more or less, at a cost to the
Town not to exceed $1,000.00, all in accordance with the approval of the
Town Attorney.
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 Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Suffolk County Department of Health Services has expressed
interest in placing a monitoring well north of the Cutchogue landfill such
that the Town of Southold would not have to finance all the costs of that
well nor the water quality testing pursuant to it as anticipated in
Resolution No. 42 of May 30, 1995; now, therefore, be it
RESOLVED that the Town Board hereby rescinds Resolution No. 42 of May
30, 1995 which authorizes Dvirka 8 Bartilucci Consulting Engineers to
conduct engineering investigations of well relocations and filtration
systems at the Landfill.
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 Justice Evans,
WHEREAS, the Town Board of the Town of Southold wishes to pursue
negotiations with appropriate agencies of New York State government to
achieve a landfill closure agreement appropriate to the conditions of the
Cutchogue Landfill; and
WHEREAS, the technical representation by the Town's engineering consultant
Thomas Maher of the firm of Dvirka and Bartilucci is important in
these negotiations; now, therefore, be it
16 ,6 JUNE 13, 1995
RESOLVED that the. Town Board of the Town of the Town of Southold
her engages the services of Thomas Maher of Dvirka and Bartilucci
Consulting Engineers for 'engineer research, at an amount not to exceed
$1,000.00, and representation before New York State agencies, at an amount
not to exceed $4,000.00.
34.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
35.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold believes that a
full-facility YMCA in the Town would strengthen youth and recreational
offerings to all Town residents; and
WHEREAS, the YMCA `of Long Island has proposed 'undertaking a private
fund drive to finance, such a facility, costing approximately $1 .5 million,
in the Town of Southold, provided the Town makes available a site for the
purpose; and
WHEREAS, the Town Board by Resolution No. 24 of March 7, 1995 made
available a portion of Tasker Park in Peconic for the facility; and
WHEREAS, the YMCA of Long Island has expressed gratitude for the above
mentioned Town offer, but proposed an alternate site on Town-owned
property in Laurel; and
WHEREAS, the Laurel site is expected to attract sufficient membership such
that the . Town would not be asked to contribute toward its annual
programs; now, therefore, be it
RESOLVED that the Town Board of the Town of . ,Southold amends its
Resolution No. 24, adopted, on .March 7, 1995, by making available pursuant
to law a portion of the Town-owned Laurel Lake Park site (tax map
#1000-125-1-12) to be utilized for the construction of ' a YMCA facility,
including an Olympic-sized swimming pool, subject to the property reverting
to the Town's exclusive use in the event that the Town and the YMCA
cannot agree on implementing the project; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold hereby
supports such a project and requests the YMCA's assistance in planning the
future steps to implement the project.
35.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman
Hussie. ' Abstain: Councilman Lizewski.
This resolution was duly ADOPTED. F
36.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 23rd day of February, 1995, amended and resubmitted to the Town
Board on the 30th day of. May., 1995,, a Local Law entitled, "A Local Law in
Relation to Lot Creation and Merger";, and
WHEREAS, this Local Law was referred to the Southold Town Planning Board
and the Suffolk County Department of Planning for recommendations and
reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, June 27,
1995, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to 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 recognized by the
Town 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
conformed to the minimum lot requirement(s) set forth in Bulk
Schedule AA as of the date of lot creation.
JUNE 13, 1995 167
2) The lot in Question was approved by the Southold Town Planning
Board.
3) The lot(s) in question is/are shown on a subdivision map approved
by the Southold Town Board prior to June 30, 1983.
The lot(s) in question is/are approved and/or recognized by formal
action of the Board of Appeals prior to June 30, 1983.
B. All lots which are not recognized by the Town pursuant to the above
section shall not receive any building permits or other development
entitlements.
C. All lots are subiect to the merger provisions of 100-25.
2. Section 100-25 (Merger) is hereby adopted to read as follows:
A. Merger. A nonconforming lot shall merge with an adjacent conforming
or nonconforming lot which has been held in common ownership with
the first lot at any time after July 1, 1983. An adiacent lot is one which
abuts with the parcel for a common course of 50 feet-or more in dis-
tance. Nonconforming lots shall merge until the total lot size conforms
to the current bulk schedule requirements.
B. Definitions. Common ownership shall mean that the parcel is held by
the same person in the same percentage of ownership as an adjoining
parcel.
C. Exceptions. Lots which are recognized under Sec. 100-24 and meet
any of the following categories shall be exempt from the merger
provision set forth above and shall not be deemed merged by
operation of this law:
1) .The nonconforming lot has a minimum size of 40,000 square feet,
or
2) 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 1,1983 to date.
D. Proof of 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:
3) A copy of the original survey of the lot:
4) A title search showing single and separate ownership of the prop-
erty from July 1. 1983 to the present time, prepared by a Suffolk .
County title insurance company indemnifying the Town of
Southold with $25,000 of insurance:
5) Other additional information or documentation as may be deemed
necessary.
168 JUNE 13, 1995
E. Effect of Merger. No building permit or other development entitlement
will be issued by the Town until this section has been complied with.
The Building Department will issue a written determination whether a
property falls within an exemption to the merger provision.
3. Section 100-26 (Waiver of Merger) is hereby adopted.to read as follows:
A. If a lot has merged the Zoning Board of Appeals may waiver the
merger and recognize the original lot lines upon public hearing and
upon a finding that:
the waiver will not result in a significant increase in the density of
the neighborhood-
the waiver would recognize a lot that is consistent with the size of
lots in that neighborhood:
3) the waiver will avoid economic hardship.
4. Section 100-244 (Setbacks for Nonconforming Lots) is hereby amended to
read as follows:
A. This subsection is intended to provide minimum standards for granting
of a building permit for lots which are recognized by the Town under
100-24, are made nonconforming and have not merged pursuant to
100-25 eF6engRue44n-a-state-ef 4GRseaferFAaase-by the-adeptieR-ef
tl; Aftisle-aR44 tat-wer-a4ngly-aR4-sepai_ate["wRe"s-44he
e#se#+ue-4ate-ef4hls-AF4Gle.
B. A-aeRseafeRmlag-let-separatel-y-ewRed-and-Re"diGiRlRg-aRy-let-er
land-in-the-same-ewnership-at-the-effeGfive-date-efthiS A iGl et
adjeiniag-any-let-er--land-iR-the-sarRe-ewReFship-at�Re�dl3se-
gt�eRt-te-s�tsla-date-may-be-used;-er-a-bt�+ldiRQ-sir-ust�re-flambe-ere�-
ted-en-suGh let-fer-use;iR-asserdaRGe-w+tl4-al4he*ether-apf;4Gab4e
pfev+s+ens-ef 94r Ghapte"FGvided-tha"r-Gef-Gf suGh-separate-ewaer-
Ghip-ls-subflaitte44R-the-fec.m efaR-abstfast-eft+tle-chewing-the
slaaRges-4444e-te-said4et;which-abstract-shalt-be4R4he-usual-f Fm
shafl-be serf+fied-b"R-a#erRejr-er-a-serepaay-regdlaply--deiflg-sash
weFk4R-S44"k-G4914R"p-bra r-per-atiG"uly4GeRr-,e44e-eXaMiRe
an4-eRsdre4Me4G-real-property-iR--,Syff-G -seunty-aR4-shall-eGR4R-a
semi#ieatien4hat-Re-set4tig6eu"r-eperty-was-ewRe44"R-GwRer-oPhe
preperty-+Rvelved-slnse4he-date-efaR"r�vieusfyappiiGable-Z-eRiRg
Law. Such lot shall be granted-r-elleffsr-frnnt-side-aRc-fear-yard-diflaen-
sieRs as-WIG required to meet the following:
Yard
Area Lot Front Side Both Sides Rear
(sq. ft.) Coverage Wdth Depth (ft.) (ft.) (feet) (feet)
120,000_to
199,999 10% 75 30 60 85
100,000 to
119,999 100/0 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% 4-29 449 40 15 35 50
40;999
Less than
20,000 20% go 40 35 15 25 35
169
JUNE 13, 1995
G. inthe-sale-ens+ogle-aR4--Geparate-OWRer-s +p--G€-a-+;easen€aFFPiflg-let
leeated ifl-a by the
Waaning-Beard-e€-the-Tewn-e#Seuthe4d-and-€i-led-with.the-SeeRty
GlerIFe# yard-and-area
dimensions-shall-be-granted-to-the-extent-that- WGh Rent;side-and-reaF
yaF4-and-are"imensiens-weFe-Fequired-at-the4 me-the-+map-was
eriginally .€iled-w+th4he-Geunty-Gler-IF-of-Su#elk-6eunty.
5. Section 100-12 (Exceptions) is hereby deleted in its entirety.
ill Gf the-lets--ea-tine-€ellewing-subdMsien-maps-shal-be-excepted-fFGm the
let-aFea nd-let-width-requirements-of-this-GhapteF;and-the-let aFeas-and
let-widths rapplicable-te-said-leta-shall-be-as-shewn-and--designated--en-said
subdivision-Fnaps-�FeeF�,AsFes;�#atmers;MaFien-ManeF;Gleaes-Reim;
,%estiea-ll;-PeFdham-AeFes,-Bectiea-1,F= rdham AsFes-,-9estien-ll;-S,teFliRg
HGmes;€astern4here"eGtien-1,-€astera-Sher-es;--geGtigR 11-€asteF-R
Sher-es,estien P! €astern-SlaeFes;�estien�� €asteFn�laeres�estiea
�;-Seutk�eld-SI�eFes �unay-SI�eFes;-Meese-Gene;Plassau-Rsiat;9eeF
PaFk;Village-Manor;6-1-�ut#�ill;€dgeFneFe-Bar 411av eFrase
SeundGmst-Weeds;6ardiRers R.�tates,Sestien-lll;Hawest-Hemer
. SestieF�l;-Bayv+evv�eeds-€states;�illew-Rsint;I�arbeF-l=iQk�ts-Bstates;
Section-l;TeFry /ateFs;-l�ala�en;�eFey-GFeek€states; lest-GFeek
€states;-�JeFthweeds;�ista-Blu#;�aelEsens-l=andiRg;Benflett'�P-end;
P,eseweed-Estates;944nset-Kfiells;SestieF�-tl;S+�aitl�€ield-I�Fk -Barad'+se
ReiR"arber-Wghts€states;-Sestier�lll k#igbweed;AJi�Rnakeraa-waters
ennesetl:-Bark;-9ewRsuiew;Seutb-HaFber-Hem-es;Peseajs-SbeFes;
Sestien-l;P-esenjs-klemes;-Sestier4l;Pesenis-l=iemes,estiea-ll Paseais
Ba�9aks;-1=auFel-GeuntF�€states;9r�eF}t-by-tl�e�ea�estjea--l1;-Sleazes
Peiflt;-�estieF�-ltl-
6. Section 100-32 (Bulk, area and parking regulations) is hereby deleted in its
entirety:
Ale-beildi remises-shall-lie-used-and-ne-building er-paFt-theFeef-sf�all
lie-crested-eF alteFed-in-tk�egFisu4tural-GeAseFat+en-B+sttist and-jR the
Lew-9easjty-residential-1 9-9istrist unless-the-same-ser}€eFcns-to the
bulk Schedule-and-Parking-SGhedule-iflseFperate44Rte-thiS chapter-with
the same-feFce-and-effestas-if-such-Fegula GRGI nreFe-set-feFtb-heFein-ia
full;-as-well-as-te-the-fellewing-bulk-and-parking-FequiFemeRts=
A- IR-the-Gase-of-abet-held-iR singleand-separate-ewflership-prieF-te
AlevembeF 23, 1974, and-theFea€teF,with-aR-aFea-a€-less-thaR-€er-ty
the6tsand-(49, Qg)-squaFe-feet,-a-siRgle-family-4well+Rg-may be-seR-
strusted-thereeR,-pFevided-that-the-FegeiremeRts-ef-GelumR-vil-s€-the
Bulk-SGhedute,and-the-RaFkiRg-Schedule-4RceFpeFate44R- is-shapter
aFe-sempl+ed-with-
B- T-he-bulk-and-par-kjRg Fequw-emeRts#ar--giRgle-€amity--dwell+Rgsas set
feFth-in-GelumR-A of the-bulk-Sshed6ile-aRc4he-Rar-kiRg-�;shedule
iRserpeFated-iRte-this-shapteF-shall-apply-te-the-fellewiRg-lets-
(a} All-lete-shewR-on-majer-and-miRer- UbdwisieR-Fnaps-which-weFe
granted-€iRal-appmval-by-the-R-�aRniRg-l3ear"rier-te-May-29;
(2-) AlNets-shown-eR Majer-subdivisieR-maps-upeR-whist -the-WaRRing
Beard-has-held-a-heariRg-€er-prelimiflary map-apprevai-prier-te
May 20,19i33-
170
JUNE 13, 1995
(� AlNeta-s#�ewfl-e�ir�eFsubd+visier-�-maps-that-k�a�e-been-gFaated
sketsk�laR-appr-eval-by-tfae�lar�a+ng-Bea�r+eFte-May�9;-1-9�-
(-4) A4Nets-set-e#-eFsreated-4y-apgreval-(3Phe-Rtaaail g- GaFd
subsegdeat4e-N49vember-2�97-1;aFa"r49F4o-May-29 1-99.3-
S- fie-bulk-aFad-paFkiF;g-FeguiFerx�eF}ts-feF-siflQle-faFFEi�we4liags-set-#eFtla
ia-SalaMRS i-afld-i+i-e#-tqe-1 ull�st�edule aad-RaFl�iag Ss#�edule
inGeFpeFated+ate4his-Ghaptep44ail-apply-tG4he-fellew+ag (?ts=
04 A4-4ete-sbewp gp miaeF-subd+visien-Maps-Alhish--have-been
9Faated-aketGh-plan-appraval-by-the-PlaRRiR@-@eaFd-eF3-eF-afteF
May-29, 1993.
(�) Ail-lets--&hGWR-eR aRRiRQ
13eaF4-has-held-a-heagn@4eF-pFei+aniaary-map-appFeval-9R after-
May-29�-93�:
(�4 Ali-lets-set-Gff OF sFeated-by appFsval-ef-the-RIaRRiRg-Beard-GR G
a€teF-May-�9;1933-
9-. The-b�+ll--aR4-PaFklRg-regairemeRts4,eF-MG4am4y-dwetHR96 Get-ferth iR
Sett��R-�ii-ef-tkae-Bulk�shedule-and-far-kiRg�s�iedaie-iReer�eFated
iRte-t#is-sgapter�a4lappty-te-tl�e-fellewlflQ-lets=
A94ets-sbewfl-eR-rfliReF-subdK4SieR-Maps`-whisla-have beeR
QFaRted-sket6h-plan 2ppFeval-b tl�e-PIaRRiF}Q-Beard-eR-eFafteF
M2y�A;�-9i�3-
(�} AiNets-sl�ewfl-eR-�ajeF-subdivisieR Maps-UpeR-which-the-RIaRRiRg
Beard-k�as-hel4-a-hear4Rg-fer-pre4miRap�-appFeval-eR-er-after-May
( All-lets-set e##-eF-GFeated-by-appFevat-ef-the-P4aRRiRg-Beard-eR-ef
after ".�:ay 29,1993-
7. Section 100-281 A (7) (Building permits) is hereby deleted in its entirety:
(7) AR-applisat+ep feF- . 6til4iRg-Or-Mi -€er-seRstFustieR-eR-a-vaeaRt-let
wtiieh-is-Ret-eR-aR-appr.-eved-subdivisien-maP-shall-be-asserRPaR-
led-by-a-certified-abstfast-ef-title-issued-by-a-title-seFRpany- vhiGh
shall--shew-siRgle-and--separ-ate-swaersbip of the-eRtire-G4FieF-te
April-9,19a7-
8. Bulk Schedule AA is hereby added to read as follows:
Bulk Schedule AA
Lot Size Width Depth
A. Prior to April 9. 1957 any am any
B. Between April 9. 1957 and 20,000 100 150
December 1, 1971
C. Between December 2. 1971 40 000 135 175
and June 30, 1983
II. This Local Law shall take effect upon filing with the Secretary of State.
Underline represents additions.
`` Strikethrough represents deletions.
JUNE 13, 1995 171
36.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
37.-Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 30th day of May, 1995, a Local Law entitled, "A Local Law in
Relation to Appearance Tickets"; and
WHEREAS, a public hearing was held on this Local Law on the 13th day of
June, 1995, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 12 - 1995,
which reads as follows:
LOCAL LAW NO. 12 - 1995
A Local Law in Relation to Appearance Tickets
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 26 (Appearance Tickets) of the Code of the Town of Southold
is hereby amended as follows:
INTENT: The purpose of this local law is to include the position of
Town Investigator for Southold Town in the list of
those permitted to write appearance tickets.
1 . Section 26-2-E (Certain public servants authorized to
issue appearance tickets) is hereby amended to
read as follows:
E. Town Investigators, Ordinance Inspector and Code
Enforcement Officer. Any statute, local law, ordinance,
rule or regulation regarding housing, building, zoning,
fire safety, sanitation, amusement, signs, peddling and any
other areas concerning public order and safety, including
but not limited to all chapters of the Code of the Town of
Southold.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
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 Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 30th day of May, 1995, a Local Law entitled, A Local Law in
Relation to Landmark Preservation;, and
WHEREAS, a public hearing was. held on this Local Law on the 13th day of
June, 1995, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board enacts Local Law No. 13 -1995, which reads
as follows:
LOCAL LAW NO. 13 - 1995
A Local Law in Relation to Landmark Preservation
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 56 (Landmark Preservation) of the Code of the Town of
Southold is hereby amended as follows:
1 . Section 57-7(A) is hereby amended as follows:
A. Every application for a building permit for the
reconstruction or alteration of or addition to a landmark
listed by S.P.L. I .A., federal, state or town agencies
de9rigrrated Fandmat-k- shall be referred by the Building
Inspector to the Commission for its comments and
recommendations. No building permit shall be issued until the
Commission has filed its written comments and
recommendations with the Building Inspector and has mailed a
copy thereof to the applicant or until the passage of
fourteen (14) days from the date of referral, which ever
shall first occur.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strikethrough represents deletions.
172 JUNE 13, 1995
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: The last resolution today is one dealing with our
police force.
39.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold adopted Resolution No.
39 on May 15, 1995, authorizing the hiring of the Stephen Ryan as a
Southold Town Police Officer, starting with the busy summer season when
additional police officers are needed to assume the safety of Southold Town
residents; and
WHEREAS, the Town ° Board has been advised that the above mentioned
resolution appointing Police Officer Stephen Ryan is not in compliance with
Civil .Service Law, and that if we continue to employ him we will not be able
to pay the rest of the police force without risking. misdemeanor charges
being brought against Town employees; now, therefore, be it '
RESOLVED that the Town Board of the Town of Southold, with regret,
releases Police Officer Stephen Ryan from his employment with the Town,
effective Thursday, June 15, 1995, without prejudice to Mr. Ryan's future
employment with the Town.
COUNCILWOMAN HUSSIE: As I said at the Work Session today, the Board
should not have put itself in the position that it finds itself, and I think
it's morally reprehensible to punish an innocent person to wiggle out of a
predicament of this Board's making. I vote, no.
39.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: ' That concludes the list of resolutions before the
Board today. Is there any * member of the audience, who would like to
address the Board on any matter of your interest?
"JODY ADAMS: Jody Adams. From the newspapers after your last
meeting, and from what 1 ' ran under Foil. It would seem that you are having
a problem with open government, and sunshine laws, which are very
important to the citizen, and to good government, and I would ask that you
review these laws openly, perhaps in some forum, and update our Code,
and your own personal information, which I do think is not very good.
That's one thing, okay? Would you care to respond to that?
SUPERVISOR WICKHAM: I would be happy to review our procedures to be
sure that they meet with all the requirements, but I don't accept that we're
having problems with it.
JODY ADAMS: I think you are. I mean once you reviewed this one thing,
think—you know, there's something very strange. You really are having
problems, because you've been doing this over and over since 1979, five and
ten dollars for a 25 cents charge, and you owe the public, this money.
SUPERVISOR WICKHAM: We will look at that.
JODY ADAMS: Thank you. The other thing, very briefly, and I'm sorry
I didn't sit in on it, is to do with the pollution alleged in the area of
the dump, and things connected with it. I have found a lot of carelessness
in buildings, and dealing with building materials, specifically asbestos,
and the Town of Southold. The building I live in is carelessly mutilated by
it's owner. Asbestos is in the, air. It is a public area where anyone can
inhale it, and be killed by it essentially. I understand the Town accepts
asbestos at it's dump, which I think requires discussion. I learned a lot of
things, which I wish I had never known frankly about this town. Thank you.
SUPERVISOR WICKHAM: Would anyone else like to address the Board?
JAMES CINAS: Again, James Cinas, President of the PBA. I'd like to
say that I'm personally disappointed in the actions of the Town Board. The
JUNE 13, 1995 173
issue of a member on the preferred list, who has known to be challenged is
not going to go away. Currently we need Police Officers. This issue has to
be resolved. Fourth of July is only weeks away. We have to resolve this
before any hiring, before any other hiring can legally be done. I would
like to say for the record, the Board has already committed a misdemeanor.
SUPERVISOR WICKHAM: Would any Board member like to address that
question?
COUNCILMAN TOWNSEND: We are trying to address it, and we applied to
Civil Service for a hearing on the issue, which they have the ability to
give us, and we have been asking them. Once we provide that information to
respond very quickly. I only hope that they will respond as quickly as they
did to the prior action. Once we get that behind us .r�'I`'_tfii.nk ,,we can
proceed. I think it'st unfair of them to ask us to do something, which I
think is more properly in their ball park.
SUPERVISOR WICKHAM: Would anyone else like to address the Board this
afternoon? (No response.) If not, are there any Board members who would
to give us any comments? (No response.) It's been a lengthy meeting. it's
just six o'clock. I'm open for a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 6:00
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 Clerk
I