HomeMy WebLinkAboutTB-06/27/1995 174
SOUTHOLD TOWN BOARD
JUNE 27, 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 T. Terry, Town Attorney Laury L.
Dowd.
9:10 A.M. . - George Weiser -and, Executive Assistant James McMahon met with the
Town Board to discuss an affordable housing proposed by Mr. Weiser through his
Peconic Properties Management Corp. , Mr. Weiser is seeking the Town's sponsorship
and' support fo'r a grant- application. . to. the New York State Affordable Housing
Corporation in the amount of $25,000 per unit. Mr. Weiser is in contract to
purchase a filed subdivision;'; Elijah's Lane Estates, . Section ' 3, where there are 27
one-acre lots. The $25,000, per house is applied to .the purchase price at closing;
the same procedure as the. Southold Villas project. Supervisor Wickham said he has
a problem with the. proposal because the $25,000 is I used to reduce the cost. of a
$130,000 house to $105-,000; , rather than reducing the cost of a $105,000 house to
$80,000. He would like to look, into the proposal over the next two weeks and
discuss it again on July 11th..
10:00 A.M. - Penny Coyle, Green.port Chairperson of the Southold Town Blood
_Program, and Hilda Engesser, the Southold Chairperson, met with the Board .to
request funding to be placed in the 1996 Budget to support the four blood drives
they conduct each year. They ;actually are short of money this year and have had
to contribute their'. own .funds? for the . necessary expenses. Ms. Coyle and Ms.
Engesser were encouraged to' solicit donations from the Lions Clubs, Rotary Clubs,
Kiwanis Clubs . and , fire departments, rather than expect a donation from the Town.
10:10 A.M. Board : of_' Assessors Chairman Scott A. Russell met .with the Town
Board to discuss, the' proposed ,Local 'Law in .Relation to Providing a Change. in the
Amount-, of.'.Veterans',.-. Exemptions.` Mr. .Russell stressed that the legislation allows
the Assessors to increase or:ldecrease :th,e•7 amount of exemption based on the change
in . level of assessment upon., the completion of a re-evaluation, and can only be re-
calculated after the. completion of the re-evaluation. The new exemptions are ,_
calculated in the initial year:;•of; the new tax roll and do not get re-calculated again
until a. ' new re-evaluation.:'` or. update_ valuation is. completed. Following the
clarification by Mr. . Russell, 'the Board placed resolution 38 on the agenda for
enactment of the local law.
10:30 A.M. Board, reviewed a proposal from Daniel Karpen, Professional Engineer
& Consultant, . PC; for the installation of a return duct according. '.to code in the
Human Resource Center,". and "the installation of a variable speed control on .the
kitchen exhaust system. .: Mr'. Karpen received three proposals, and, the lowest was
from Kolb Mechanical in the amount of $6,069 to complete the project, including the
installation' of :three; phase:'-motors. -on the exhaust fans. Board member,s questioned
the need - for . the work'-:,and, what funds are available. Senior Accountant John
Cushman will check into.-. : funding and ask Engineering Inspector James Richter to
determine whether the proposal is necessary.
JUNE 27, 1995 175
EXECUTIVE SESSION
10:35 A.M. .- On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town •Board enter into Executive Session to discuss personnel
grievances of Public Safety Dispatchers and Fishers Island Highway Department
employee Edward Scroxton. 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,
Senior Accountant John Cushman,' PSD3 John Raynor. CSEA representatives: Labor
Relations Specialist Jim Henck, Southold Town. CSEA President Lois Atkinson, Labor
Management Chairperson Linda Cooper, Labor Management/CSEA 2nd Vice President
Andrew Ruroede.
11 :20 A.M. Finance: The Board discussed criteria for funding not-for-profit
organization. Following -.the June i 13th meeting, Councilwoman Hussie and. Justice
Evans drafted a proposed "Application for Town of Southold Grant" for
consideration. It was agreed to discuss this matter again at the July 11th meeting
and each Board member would submit a priority list of specific criteria for funding
an organization.----Supervisor Wickham presented a proposal for beginning a capital
budget process starting with . the . 1996 fiscal year. He reviewed the goals and
objectives he feels are important, and the amount he feels should, be budgeted in
a capital budget. He will discuss this subject again at the July 11th meeting with
a .•rou.gh. es.timat.e ,of. What.:.Ahe .need's-.'.o.f..the`various departments will be.=---Board
reviewed a proposal . from Dvirka and Bartilucci to oversee excavation of test pits
at the Cutchogue Landfill and to issue a , waste delineation report, and placed a
resolution (39) on the agenda to accept same.
12:20 P.M. Recess for lunch.
1 :40 P.M. - Solid Waste Coordinator Bunchuck met'i with the Town. Board to? outline
a comprehensive yard -waste composting plan he proposes to develop for the Town.
Mr. Bunchuck advised that a full-fledged yard waste composting plan would result
in a .carefully. screened and cured product bagged under quality control conditions
that could be sold ' at over $100 per ton. To achieve this degree of control,
however, substantial' investment would be necessary and a joint venture with
a private firm desirable. He recommended that at this stage the Town not attempt
to produce pure cured compost, but rather, produce a rougher version which could
be.-valued at about $20 per ton for bulk "deliveries. Mr. Bunchuck went into detail
on the proposed site at the Cutchogue Landfill, required equipment, demand for the
product, costs of production, yard waste availability, and a breakdown of projected
costs for -the program. Mr. Bunchuck will return on July 11th with additional
information and further discussion.
2:30 P.M. - Personnel':. Town Board appointed Jeanne M. Hogge as a provisional
Scale Operatb.r; .. (resolution 40) .----Councilman • Lizewski - reported that he
discussed the Community Service Program ,with Justice Tedeschi, Director of Human
Services • Venetia McKeighan, and ° Recreation Supervisor Kenneth Reeves, and Mrs.
McKeighan and Mr. Reeves agreed to produce a project and provide supervision for
the youthful offenders. Justice Tedeschi agreed he will make the community service
assignments on specific days.----Board set Wednesday, July 5th, 4:00 P.M. to
interview architect applicants for the Architectural Review Committee.- -Due to the
small number of applicants, ' Board agreed to readvertise for hamlet members for the
Architectural Review Committee (resolution 41) .----Councilwoman Hussie submitted
a legal opinion with regard, .to membership on an Architectural Review Committee,
stating that "A professional architect may not be a member of a tvillage board of
architectural review when plans prepared by him for a private construction project
with the village are submitted to the board for review".----Town Board reappointed
members to the Land Preservation Committee (resolution 42) .----Board held a lengthy
discussion on-the proposal of Supervisor Wickham to create a second position:of Senior
Planner and . appoint Planner Melissa Spiro provisionally to that position. The
conclusion reached was that Ms. Spiro should call for a desk audit from civil service .
for their classification of her position.----Town Board appointed Patricia Garsik as
a part-time Clerk Typist for the Police Department (resolution 43) .
3:05 P.M. - Planning E .Zoning: The first item for discussion was the petition of
Depot Enterprises,, Inc. for a change of zone. Councilman Lizewski, owner of Depot
Enterprises, asked• the Town Board to hold their decision on his . petition until he
has had.. an opportunity to clear up-certain violations on the property.----The Board
then discussed the change of zone petition of Frank Cichanowicz III for the
construction of a Brew Pub. Senior Planner Valerie Scopaz was present, and
stressed that the Planning Board's recommendation was very specific for a brew pub
project. Rudolph Bruer, attorney for Mr. Cichanowiz was present-... and offered
to answer questions. Supervisor Wickham, Councilman Townsend, and Councilwoman
Oliva said that they want restrictions placed on the zoning change. Councilwoman
JUNE 27,--1995.
17 uie, Councilman Lizewski and Justice Evans did not wish the Town to impose
Ton'ditions' . The Town. :'Attorney was asked by Supervisor Wickham to explore
restrictions that are consistant -with what the applicant has applied for.----The
Board reviewed the environmental review for Strong's Marine change of zone, and
agreed to issue 'a Negative. Declaration (resolution 44) , and set a public hearing
for 8:00 P.M., July 2.5th (resolution 45) . *A neighbor of the marina addressed the
Board at .this time expressing his objection. He was instructed to come to the public
hearing so his remarks will ,be on the record.
3:45- P.M. - James Bitses presented. the Town Board with a proposal to cede-to the
Town three acres of waterfront property on Main Bayview Road, Southold, for a
public park, along with a;_ .;8 .acre right-of-way from Main Bayview Road to tidewater
at Corey Creek. In addition he requested a change of zone on the remaining twelve
acres he owns for development as a motel recreational marina use. The Town Board
advised Mr. Bitses that they cannot make a deal for a gift of property in exchange
.for a change of zone,.'.sand, further, they have little interest in the proposal.
— Supervisor Wickham will put the response in writing.
4:00 P.M. Planning 8 `Zoning (continued) : Town Board discussed proposed Local
Law in Relation to Front Yard, Setbacks, 'and placed two resolutions on the agenda
(46 & 47),• one to issue a :negative declaration, and the second to transmit the law
to the Town and County.,Planning Departments for recommendations.----A:--second: law;
A Local Law in Relation to' Land Clearing was also placed on the agenda for the same
action (resolutions 48 6; 49) .----Councilwoman Hussie brought to the Board for
discussion the subject ' to'° .yard sales, flea markets, and peddling permits, and
outdoor sales in business zones. These subjects will ; be taken up by the Code
Committee.
4:30 P.M. - Executive Assistant James McMahon met with the Board to discuss
parking and boat launching. at Mattituck Boat Ramp. Vehicles are . launching their
boats and then parking the: vehicle and boat trailer in the municipal parking lot in .
the business section Qf Mattituck. The launching area will be posted to prevent
launching without a permit.----Councilwoman Oliva reported on a recent Anti Bias
Task Force meeting held in Town Hall. She said the group would like official
recognition. Supervisor Wickham and Councilwoman Oliva will work on an
appropriate resolution � for' the July 11th meeting.----Supervisor Wickham reported
on his recent meeting with the DEC in Albany, and a, meeting to review a proposal
from the: -Office .of Regulatory Reform to put a moratorium on proposals for capping
and closing landfills.--- Supervisor Wickham also reported that the Peconic County
Stebring .Committee would::like to schedule a series of public hearings throughout
the East End towns to present the report of the consulting firm, however, the firm
wants . $25,000 for this service, and Southold's share would be $5,000. Supervisor
Wickham will have further: information for the Board. on July 11th.- -Finally, Super-
visor Wickham reported on'-a meeting with the Regional Director of the NYS Depart-
ment iof.�.!Transpor.tation%!.concerning :proposed :projects in Southold Town for. (1) storm
water. .abatement; (2) integrated traffic survey study; and (3) a system of bike trails
throughout the Town.
5:10 P.M. - Town. Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
5:35 P.M. - Work Session adjourned.
%r 7
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on June 27,
1995, at the Southold . Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Thomas H. -Wickham
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: The Board had a chance to review the audit of
bills for this week.
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole .Town bills in the amount of $103,262.00; General Fund Part
Town bills in the amount of. $5,803.73; Highway Fund Whole Town bills in
the amount of $26,213'.95; Highway Fund Part Town bills in the amount of
$15,995.07; Ag Land Development Rights bills in the amount of $1,000.00;
Open Space Capital Fund bills in the amount of $3,069.96; Lighting/Heating
Capital A/C bills in the amount of $608.80; Employee Health Benefit Plan
bills in the amount of $27,262.45; Fishers Island Ferry District bills in
the amount of $.14,220,06;' Refuse & Garbage District bills in the amount of
$102,544.65; Southold Wastewater District bills in the amount of
$15,841 .67; Southold Agency E Trust bills in the amount of $292.00; Fishers
Island Ferry, District Agency E Trust bills in the amount of $836.54.
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 Justice Evans, it was
RESOLVED that the minutes of the June 13, 1995, Town Board meeting be
and hereby is 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 Councilman Townsend, it was
RESOLVED that the next regular 'meeting of the Southold Town Board will
be held at 4:30 P.M., Tuesday, July 11, 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 Community Development Office Monthly Report for
May, 1995.
2. Southold Town Trustees Monthly Report for May, 1995.
3. Southold Police, Department Monthly Report for May, 1995.
4. Summer Showcase Concert Series schedule for the Summer of 1995.
5. Southold Town Recreation Department Monthly Report for. May, 1995.
178 JUNE 271 1995
If . PUBLIC NOTICES.
1 . New York .State- Department of Environmental Conservation Notice of
Complete Application .: of Michael and Geraldine Dunphy proposal to
construct a .single family dwelling with deck, sanitary system and driveway a
minimum of 75' landward of . freshwater boundary. Project located on Marion
Lake, East Marion, New ..-York. Comments to be received no later than July
6, 1995.
2. . New York State Department of Transportation, Notice of Order on
the east side of Route 25 at ferry slip terminal at Orient Point, New York.
3. New York State Department of Transportation, Notice of Order on
the west side of .Route ,25' at, ferry slip terminal at Orient Point, New York.
4.:' U. S. Army Corp of Army Engineers, New York District, application
of Michael Slade to 'construct bulkhead and dredge with .upland disposal at
Wickham Creek,' Cutchogue,'' New York. _.......
Ill . COMMUNICATIONS.> ;, None.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M. on a'. proposed "Local Law , in 'Relation to Lot Creation and
Merger".
V. RESOLUTIONS.
SUPERVISOR WICKHAM:. I think most of you have tonight copies of the
agenda. It'.s available outside the door. At 8:00 we have a "Local Law in
Relation to Lot Creation . and Merger". Prior to that time the Board will .be
considering several resolutions, and we had on the last page of the agenda
you can see our , order. of business, the work that we conducted today.
Because_ we have a rather lengthy. series of resolutions I don't think I'm
going to try to summarize any of this, except say that it was, as usual with
our Work Session, it."was an exciting period with a lot of discussion, quite
a bit of business conducted. We have before us fifty resolutions, that are
on the agenda in 'front of you, plus on additional one that has been entered
as number fifty-one, , and that essentially calls on the State of New York,
the Governor, and the.,.Commissioner of the DEC, to enact a suspension of
the Landfill Closure 'regulations, and to undertake a review of those
regulations. Would anyone in the audience like to address the Town Board at
this time on any one or more of the resolutions on the agenda?
CARLA BLASKO: This isn't in regards to any of the resolutions on your
agenda.
SUPERVISOR WICKHAM:'- Excuse., me: May I ask then, although it may be a
bit of a wait, we have 'another period to entertain comments from the
audience on matters that are not on the agenda after we finish our
resolutions. Could you wait for that? Thank you. Yes, sir?
FRANK. CARLIN: Frank Carlin, Laurel. Number 22, you're going to be
buying more farmland preservation, right? What does that mean?
SUPERVISOR WICKHAM:. ,The Town already has a bond issue to acquire
farmland on. the order: ,of 1 .7 million dollars. We're going to use $500,000
of that as a match .in' order to unlock Suffolk County funds, that would be
spent here in the Town of .Southold. Without that match they're not prepared
to spend that money on acquisitions in this town.
FRANK CARLIN: Twenty-four, what is a Certificate of Determination?
SUPERVISOR WICKHAM:' A Certificate of Determination was a certificate
issued by the Building Department, which conveyed certain rights to people
who had, it-in' relation ,to'business properties.
FRANK CARLIN: This here purchase of a tub grinder. I guess it's .meant
to be rent,, rend, . .I ,guess• it should have been a t, right? Didn't we
purchase .about .two years ago.
JUNE 27, 1995 1 79
SUPERVISOR WICKHAM: Yes, we did. .You're absolutely right. It's still
there. It's operating' beautifully. We want to use it to grind up leaves.
Leaves have a lot of dirt in . them. For us to grind up leaves in our
beautiful new. tub grinder, that cost $240,000 would shorten it's life span
quickly. We found it would be more cost effective to rent one for that
purpose. Do the 'damage to a rented one, rather than our own. It's part of
the composting operation.
FRANK CARLIN: : Here's on that I'm very, interested in, ntAmber 38,.,
veterans' exemption, what do you mean by that now?
SUPERVISOR WICKHAM: Veterans of war are entitled to a certain exemption
in their property taxes. We have now. This resolution, if it's adopted,
will protect those exemptions in the event of a reevaluation on our tax base
here in the town. It's a protective feature, so that it won't be eroded.
FRANK. CARLIN-: That sounds good to me, so far tonight. I'm going to
keep this short here. Forty-six, and forty-seven, what do you mean by
front yard setbacks? Does that mean, if you build a house, it has to be a
certain distance? What,do ,you mean?
SUPERVISOR WICKHAM: Yes. In connection with business properties on
Route 48, and Route 25, and I guess throughout the Town, we're proposing
a new setback 'requirement for properties with businesses to be built on.
FRANK CARLIN: Okay, that's all I have for now.
SUPERVISOR . WICKHAM: Would anyone else like to address the Board on
any of these fifty-one resolutions before us tonight? (No response. ) If not,
I think we can launch into them.
1 •- Moved by .Councilwoman Oliva, 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
Laboratory Analytical Services for Southold Landfill Closure Investigation,
all in accordance with the specifications as approved by the Town Attorney.
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. Justice Evans, seconded by Councilwoman Oliva,
RESOLUTION AUTHORIZING THE SIGNING OF A STATE CONTRACT FOR A
NON-POINT SOURCE POLLUTION..PROJECT UNDER THE APPROPRIATE LAWS
OF NEW YORK STATE AND THE: UNITED STATES OF AMERICA:
WHEREAS,. the Town. Board of : the Town of Southold, herein called the
"Project ' Sponsor", after thorough consideration of the various aspects of
the problem and study of available data, has hereby determined that certain
work, as described in the State Contract, herein called the "Project", is
desirable, in the public interest, and is required in order to implement a
non-point source abatement project to control non-point pollution
originating from non-agricultural activities; and
WHEREAS, under Article 17 of the Environmental Conservation Law and
Section 319 of the Federal Clean Water Act, as amended, the United States
of America has authorized the State to make financial assistance available
to substate agencies for the:. implementation of a non-point source pollution
abatement and control project for non-point source pollution emanating from
non-agricultural sources; and
WHEREAS, the. Municipality, has examined and duly considered Article 17 of
the Environmental Conservation Law and Section 319 of the Clean Water Act,
as amended, and deems it to be in the public interest and benefit under this
law to enter, into a contract therein:
NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of
Southold -
1 . That Executive Assistant James C. McMahon is directed and authorized
as the official representative to act in connection with any contracts
between the Municipality and the State, and to provide such additional
information as may be required;
2. That the Municipality agrees that it will fund its portion of the cost
of said Clean Lakes Project;
118 0 JUNE 27, 1995
3. That one (1) certified copy of this Resolution be prepared and sent to
the New York State Department of Environmental Conservation, Albany,
New York, together with the State Contract;
4. That this resolution take effect immediately.
2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
- -This resolution was duly ADOPTED.
3.- Moved by Councilwoman . Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the``:; Town Board of the Town of Southold hereby
authorizes the reduction of the bond amount for the manor subdivision of
Farmveu Associates :at• Mattituck from $90,000 to $48,000, all in accordance
with the recommendation of the Southold Town Planning Board.
_ - ,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 Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Tons of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for the purchase of 1,000
tons, more or less as'.may be needed, of Sand Mix Asphalt, furnished and
applied, all in accordance with the bid specifications.
4.-Vote of the Town . Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend_ , Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5•-Moved by Justice. Evans.. seconded by Supervisor Wickham, it was
RESOLVED that :the. `Town Board of the Town of Southold hereby
authorizes and directs the ' Town Clerk to advertise for bids for an Annual
Contract to furnish and place Asphalt Concrete within the Town of Southold,
as may be required, all in accordance with the-bid specifications.
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 Supervisor Wickham, 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 appropriate donated funds for the Tree Committee:
To:
Revenues:
A2705.30 Gifts & Donations, Tree Committee $ 170.00
Appropriations: .
A8560.4.400.20- Trees and Tree Maintenance $ 170.00
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 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 as follows to appropriate
developer paid funds for the installation of street lights at Farmveu:
To:
Revenues:
A2705,40 Gifts E Donations, Other $ 2,180.00
Appropriations:
A5182.2.500.500 Street Lights, Fixtures $ 2,180.00
7.- Vote of the Town Board:' Ayes: Justice Evans, . Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JUNE 27, 1995
8.- Moved by Councilman Lizewski, 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 Seasonal
Traffic Control ,Officers' and Crossing Guards:
To:
A3120.1 .300.100 Police, Seasonal Employees $ 25,000.00
Regular Earnings
From
A3120.1 .100.100 Police,. Full time Employees $ 25,000.00
Regular Earnings
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 Supervisor Wickham, it was
RESOLVED that the, Town Board of the Town of Southold hereby grants
permission to the Cutchogue Fire Department to use Moore's Lane, Alvah's
Lane and . New Suffolk Road, Cutchogue, for staging and parade route for
their 28th Annual Parade and Drill to be held on Saturday, July 15, 1995,
at 6:00 P.M., (rain date: Sunday, July 16, 1995, 2:00 P.M.), provided they
file with the Town Clerk a One. Million Dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured.
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 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
overdrawn line items:
To:
A1620.4.400.200 Buildings E Grounds $ 500.00
Property Maintenance
A7110.4.100.100 Parks E Beach Facilities 2,000.00
Miscellaneous Supplies
From•
A1440.4.500.200 Engineer, NYS .Road Runoff $ 2,000.00
A1620.4.400.100 Buildings E Grounds 500.00
Building Maintenance
10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .- Moved by Councilman Townsend,,. seconded by Justice Evans, it was
RESOLVED that. the Town : Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to appropriate funds in the Town
Attorney's budget for the $130.00 monthly subscription charges for the Lexis
,MVP Membership Program:
To:
A1420.4.600.600 Dues E Subscriptions $ 1,560.00
From:
A1420.4.500.100 Legal Counsel $ 1,560.00
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 Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS,' maintenance cost of the Town's AS/400 Disk Drives have risen
to $590.00 per month; and
WHEREAS, EMC Corporation has offered to replace and upgrade the
existing drives at a cost of $530.00 per month for the next three years,
increasing storage capacity and decreasing power and cooling costs and
providing maintenance at no charge for that three year period; now,
therefore, be it .
182 JUNE 27, 1995
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs, . Supervisor Thomas Wickham to discontinue the
maintenance agreement- with IBM effective immediately and execute an
agreement EMC Corporation for the replacement and upgrade of the Disk
Drives.
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 Oliva, seconded by Justice Evans, 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 several
overdrawn line items:
To:
A1640.4.100.200 Central Garage $ 500.00 ---
Gasoline and Oil
A1640.4.100.500" Central Garage 1,000.00
Motor Vehicle Parts and Supplies
A7110.4.100.100 Parks & Beach Facilities 250.00
Utilities
From:
A1440.4.500.200 Engineer, NYS Road Runoff $ 1,750.00
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, .. 'Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was "duly ADOPTED.
14.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that' the Town , Board of the Town of Southold hereby modifies
the Southold Wastewater Disposal District 1995 Budget to provide for the
construction of the Gravel Trap .at the Wastewater Disposal Plant:
To:
SS1 .8130.2 Sewage Treatment Equipment $ 15,000.00
From:
SS1 .8780.4 Capital Reserve $ 15,000.00
14.-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 #15, granting permission to contractor
for remediation of Fishers "Island Metal Dump to enter into a subcontractors'
agreement, we are going to hold tonight while we investigate a question
about it.
16•-Moved by Councilwoman' Hussie, seconded, by Councilwoman Oliva, it was
RESOLVED that . the..;:..Town Hoard of the Town of Southold hereby
authorizes Superintendent of Highways Raymond L. Jacobs to install a street
light on LILCO Pole #3, located close to the intersection of Lower Road
and Ackerly Pond Lane, Southold.
16•-Vote of the Towne .Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, . Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17.-Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the $944,049.00 Letter of. Credit from Theodore and Angela Laoudis as a
bond for roads and . improvements, including the cost for the water system,
for Angel Shores major subdivision, Southold, all in accordance with the
Town Board's resolution of November 1, 1994 approving the amount as
recommended by . the Southold Town Planning Board and Engineering
Inspector James Richter.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was .duly ADOPTED.
JUNE 27, 1995 183
18.- Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the 'Town Board of the Town of Southold hereby accepts
the bid of Andrew T.'' Fohrkolb, in the amount of $1,010.00, for the
purchase of two (2) ; surplus used 1989 200 HP Johnson Outboard Motors in
as is condition for ,the Town of Southold.
18.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend; Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.- Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED THAT THE Town Board of the Town of Southold hereby-
accepts the bid of Chemung Supply Corporation, Elmira, New York, for
supplying the Southold Town Highway Department with 10,000 linear feet of
Snow Fence (more or, less as may be needed), at a price of $54.97 per 100
ft. roll, all in accordance with the bid specifications.
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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Capitol Highway Materials, Inc., Baldwin Place, New York, for
supplying the . Southold Town Highway Department with 500 - 6 foot studded
steel "T" Posts . (more or, less as may be needed), at a price of $2.74 per
post, all. in accordance with the bid specifications.
20:- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman , Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21 .- Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the '27th day of June, 1995, a Local Law entitled, "A Local
Law in Relation to Garbage Penalties"; now, therefore, be it
RESOLVED THAT THE Town Board hereby sets 5:05 P.M., Tuesday, July
11, 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 Garbage Penalties
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1 . Section 48-6C (Penalties for offenses) is hereby renumbered 48-613
and a new 48-6C is amended to read as follows:
C: Any person,' firm or corporation who or which does not pay any
charge or fee established in this chapter or who or which
violates any provision of this chapter shall be subject to a
fine not in excess of two hundred fifty ($250.) for each offense.
A separate offense shall be deemed committed upon each day
during which a violation occurs or is- committed.
11 . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
COUNCILWOMAN OLIVA: This is really giving a criminal penalty for those
people who do not pay. when ,they go over the scale at the Landfill, and they
have a charge account, and so that we can fine them.
21 •- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
1 g 4 JUNE 27, 1995
22•-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
Whereas, the County of.' Suffolk has included five hundred thousand dollars
($500,000.00) in its, :1995 -,Capital Budget and Program for acquisition of
farmland development rights in the Town of Southold in the Suffolk County
Farmland Preservation Program; and
Whereas, in order to, maximize funds and acquisitions under the County's
program, the appropriation and expenditure of these County monies is
contingent upon the Town' '-of' Southold's commitment to purchase farmland or
farmland development rights of an equivalent value with its own monies; and
Whereas the Town of ,Southold is willing, on a one-time basis, to particpate
in this matching program; and
Whereas, there are, as of this date, in excess, of one and one-half million
dollars ($1,500,000.00) in the Towns. Farmland Bond Program that remain
uncommitted, and there, are over five hundred thousand dollars ($500,000.00)
worth of applications currently under consideration, and
Whereas," applying the .;Town's funds in a matching program with Suffolk
County will result in the purchase and preservation of additional farmlands
or interests therein within the Town of Southold; now, therefore, be it
Resolved, that the .Town Board of the Town of. Southold hereby commits the
Town to new purchases 'of additional farmland or farmland development rights
with a value of five .hundred thousand dollars ($500,000.00) ; and, be it
further
Resolved, that expenditure of said funds shall be authorized from the 1994
Town Farmland Bond Issue; and, -be it further
Resolved, that the Town Supervisor is hereby authorized to execute any
agreements which may be required by the County of Suffolk to effectuate
the purposes of this resolution; and, be it further
-Resolved, that 'the Town Clerk is hereby directed to convey copies of this
resolution to the Suffolk County Executive, Suffolk County Legislature and
the Suffolk County Planning Department.'
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 and directs _.Lawrence Healthcare Administrative Services to pay
claims on behalf of - a ': Town employee (Councilwoman Ruth Oliva) which
Were submitted by the provider more than 90 days after the date of service;
and be It `
FURTHER RESOLVED that the Town Board authorizes and directs Lawrence
Healthcare Administrative Services, Inc. to pay a claim on behalf of a
second employee (Senior . Accountant John Cushman) which was submitted
by the provider more than 9,0 .days after the date of service.
23.- Vote of the Town Board': Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
i
JUNE 27, 1995 185
24.-Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 13th of June, 1995, a Local Law entitled, "A Local Law in .
Relation to Certificate .of Determination"; and
WHEREAS,this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for their
recommendations and reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 5:10 P.M., Tuesday, July 11,
1995, Southold Town Hall, Main Road, Southold, New York as time place for
a public hearing on this Local Law, which 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 100-13B is hereby*amended by deleting the following
definition:
rGtarIFIGaTc nt" nE-T€ 9GUMeAWSSNed-i3Y-the
$NF{4*Rg-iRspeG#9FGE3 IRQ4hat-*e-pFgiese44Hs{RerS-61se-9 -aR
e"Rg-business-s#plGtuFe-and/eFpmped:y-GGmp4es-w4h4he-tewp-s
zeRiBQ-Gsde-at-the-date-9f issuaR9e-
2. Section 100-28OG is hereby deleted in its entirety:
G. The4iwWiag4pspeGter,at-the-fegbest-�-appl+GaRt;shad
Feyiew and,i appFepNate,shall-i�ss�+e-a-eeF4ftate-of-dete iaat+eR
uPOR t e-iRspeGtieR-e€-aa-e istiR�usiaess-stR stuFe-andlsr-
pmpeFt} r_GGMp4apr,"4#the-tewn's ZGRiRg-9 de-at-the-t+fe�f
issuaa^� The -fQF-the-iss�taaGe-efa-se�sate-ef-deter�+Rat+en
shall-be-set be'n�n-�ea�-Fesel�+tieR
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
25.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes 'and directs the Towne Clerk to advertise for bids for one (1) new
Ford LN8000/Swenson Model A.P.B. ..combination dump body . spreader, or
equal, for the Highway Department.
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 Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
its resolution 'no. 14, adopted on May 15, 1995, authorizing the rental of a
JENZ American leaf and bag shredder for the Solid Waste Management
District.
26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
27.- Moved by Councilwoman.Hussie, seconded by Councilwoman Oliva, it was
RESOLVED . that .. the •Town Board of the Town of Southold hereby
authorizes the Solid ,Waste Management District to rent a Diamond Z tub
grinder, with an operator, from Wainscott Sand and Gravel, to shred
accumulated leaves at the landfill, at a cost not to exceed $7,500.00
27.- Vote of the Town Board: . Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
186 JUNE 27, 1995
28.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following budget modifications to the 1995 Solid Waste
Management District budget:
To:
SR8160.4.100.110 Pre-printed forms $ 1,500.00
From:
SR8160.2.400.600 Box Trailers $ 1,500.00
(To cover overdrawn line items and fund future FY95 costs. Purchase
of box trailer will be postponed.)
To:
SR8160.4.400.830 Miscellaneous Supplies $ 1,166.07
From:
SR8160.2.400.600 Box Trailers $ 1,166.07
(To cover new line. item created for miscellaneous supply needs - i.e.
bathroom supplies, etc. )
To:
SR8160.4.100.570 Maintenance Payloader #2 $ 3,000.00
From:
SR,8160.4.400.650 Payloader #2 Engine Repair $ 3,000.00
(To cover overdrawn budget line and provide for ongoing maintenance
costs for this Payloader. Engine repair occurred last year.)
To:
SR8160.4.100.580 Vehicle Maintenance Truck #1 $ 1,000.00
From
SR8160.4.400.650 Payloader #2 Engine Repair $ 1,000.00
(To cover expected .routine maintenance costs for new truck. )
To:
SR8160.2.500.700 Recycling Area Improvements $ 3,500:00
From
SR8160.4.400.650 Payloader #4 Engine Repair $ 3,500.00
(To cover overdrawn ,budget. line)
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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the 'Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to execute an amendment
to the Lease Agreement between the Town of Southold and the Southold
Town Solid Waste Management District for the purpose of modifying the
payment schedule; said amendment all in accordance with the approval of the
Town Attorney.
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 Cou ncilwoman. Oliva, seconded by Councilwoman Hussie, it was
,RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund of $150.00 to Lawrence G.. Behr, which sum 'represents
the duplicate payment of a Building Department fee for a swimming pool
permit.
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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
the appointment, by resolution no. 14 on June 13, 1995, of Ann Tohill and
Heather Tohill as Lifeguards, whereas they have declined the positions.
31 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, 'Councilwoman Hussie, Councilman Lizewski,
-Supervisor Wickham.
This resolution was duly ADOPTED.
JUNE 27, 1995 187
32.-Moved by Councilwoman Hussie, seconded by: Justice Evans, it was
RESOLVED that the Town. Board of the Town of Southold hereby appoints
John Skabry as a Lifeguard (1st year), effective immediately, at a
salary of $7.42 per hour, and Jeremy McCavera as a Lifeguard (7th
year), effective immediately, at a salary of $9.01 per hour.
32.-Vote of the Town Board: -Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
33.-Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED .that the .Town Board of , the Town of Southold hereby grants
permission to Personnel Assistant Barbara Rudder to attend a New York
State and local- Employees' Retirement System workshop on retirement
reporting at the Islip . Public Library, on Wednesday, July 12, 1995,
beginning at 9:30 A.M., and the necessary expenses for travel, using a
Town vehicle shall , be :a" legal charge to the Accounting & Finance
Department's 1995 Budget.
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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town " Board of the Town of Southold hereby grants
permission to the American Lung Association of New York to sue New Suffolk
Road, Cutchogue, Bay.. Avenue and Peconic Bay Boulevard, Mattituck, as
travel routes for their.. Big, Apple Bike Trek .on Sunday, October 8, 1995,
between 12 Noon and 2:00 P.M., provided they file with the Town Clerk a
One Million Dollar Certificate . of Liability Insurance naming the Town of
Southold as an additional insured.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for two (2) EISEP
(Expanded In-Home Services for the .Elderly Program) Aides, up to 17-1/2
hours per week, at a salary. of $6.00 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 Councilwoman Oliva, seconded by Justice Evans, .it was
RESOLVED that the Town Board of, the Town of Southold hereby appoints
Irene Raico as a full-time 'Mini Bus Drive, effective June 29, 1995, at a
salary of $11,826.98 per, annum.
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 Supervisor Wickham, seconded by Councilwoman Oliva,- it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Rosemary Wysocki as an Adult Day Care Aide for the Day Care Program,
effective June 29, 1995, 17-.1/2 hours per week, at a salary of $6.00 per
hour.
37.-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 see it's 8:00 o'clock. Do I hear a resolution to go
into a public hearing?.
188 JUNE V, 1995
Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the
purpose of hold 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 8:20 P.M.
SUPERVISOR WICKHAM: We'll resume consideration of the resolutions before
US.
38.- Moved by Supervisor Wickham, .seconded by Councilwoman Oliva,
WHEREAS, there was' presented to the Town. Board of the Town of
Southold, on the 15th day of May, 1995, a Local Law entitled, "A Local
Law in Relation to Providing a Change in the Amount of Veterans'
Exemptions"; and
WHEREAS, a public hearing was held on this Local Law, on the 30th day
of May; 1995, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enact Local Law No. 14 - 1995,
which reads as follows:
LOCAL LAW NO. 14 - 1995
A Local Law in Relation to Providing 'a Change
In the Amount of Veterans' Exemptions
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The purpose of this local law is to maintain the ratio of the amount
of the veterans' exemption to the assessed valuation of property on r
which the exemption was granted when the ratio may change as a
result of a revaluation or update of assessments, as authorized by
paragraph (a) of subdivision 5 of §458 of the Real Property Tax
Law.
1. Section 85-7 (Veterans' Exemptions) is hereby added to read as
follows:, .
(A) If the total assessed value of real property for which an
exemption has been granted pursuant to. §458 of the Real
Property Tax Law, has been increased or decreased as a result
of a revaluation or update of assessments in the Town of
Southold and a matefial change in level of assessment has
been certified by the State Board of Real Property Services for
the assessment roll on which such property is assessed, the
assessor shall increase or decrease the amount of such
exemption by multiplying the amount of such exemption by the
percentage change in level of assessment.
In accordance with paragraph (a) of subdivision 5 of such §458.
if the assessor receives the certification from the State Board
after the final assessment roll has been filed, the_assessor shall
certify the amount of the re-computed exemption to the officer
having custody and control of the roll who is directed and
authorized by such statute to enter the re-computed exemption
on the roll:
JUNE 27, 1995 189
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
39•-Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, the Town of Southold must determine which variances from the
Part 360 regulations it wishes to seek from the New York State Department
of Environmental Conservation as provided for in the Stipulation of
Settlement with that agency; and-
WHEREAS, precise boundaries of solid waste buried at the Cutchogue
landfill are unknown, and must be determined prior to seeking these
variances; now, therefore, be it
RESOLVED that the . Town Board of the Town of Southold hereby
authorizes Dvirka and Bartilucci to oversee excavation of test pits at
the Cutchogue landfill and to issue a waste delineation report on behalf of
the Town in support of Town objectives, all at a cost not to exceed $5,600.
39•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman' Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
40.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Jean M. Hogge as provisional Scale Operator, effective immediately, at a
salary of $13.05 per hour.
40.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
41 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for hamlet residents
to serve on the Architectural Review Committee.
41 -=Vote . of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
42.-Moved .by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of
Joseph Southold hereby
reappoints James H. Rich, Jr., , Josh M. Cold, James H. Pim, and John
Simicich as members of the • Southold Town Land Preservation Committee,
effective July 3, 1995, for a two year through July 3, 1997, they to serve
in said position without compensation.
42.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
43.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Patrick Carsik as a part-time Clerk Typist for the Southold Town Police
Department, effective immediately, at a salary of $6.82 per hour.
43.-Vote of the Town " Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
44.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED . that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review,). of the
Environmental Conservation Law, the. Town Board of the Town of Southold,
as lead agency, has determined that the proposed action of Strong's
Marine Inc. for a change of zone from R-80 Low-Density Residential District
to M-1 Marine District on certain property located at the end of a
right-of-way off of Camp Mineola . Road, and adjacent to James Creek,
1 .9 0 J.UNE 27, 1995
Mattituck, New York, (SCTM#1000-122-4-44.2) will not have a significant
effect on the environment and that a Draft Environmental Impact Statement
need not be prepared; and be it
FURTHER RESOLVED that this determination is issued in full
consideration of the Criteria for Determination of Significance contained in
6NYCRR Part 617.11, the Long Environmental Assessment Form Parts I, II
and the following specific reasons:
1 • The Town of Southold Trustees, considered the action in total, with regard to physical activities within
the jurisdiction of the Trustees under the Wetlands Ordinance. The Trustees have issued a Negative
Declaration, Funding that the proposed site improvements (including those on the proposed rezoning
parcel), would not have a significant impact on Lite environment. This determination was based on an
environmental assessment, and field inspection by the Board of Trustees. A permit for activity was
issued on January 26, 1995 for the proposed action.
2• -'rhe proposed project site is not overly sensitive, as it is partially used at present for marina/boatyard
related activities. Accordingly, domestic and commercial impacts have already resulted in an altered
environment, consistent with the use. Much of the area of the proposed zone change consists of dredge
spoil, and dyked areas as well as spoil are evident on site. The site is not used with any great intensity,
and under the proposal, the intensity of use will not significantly increase.
3. NYSDEC maintains jurisdiction over any activity.on site under Article 25 of the NYS Environmental
Conservation Law(ECL),-with implementing regulations of 6 NYCRR Part 661,Tidal Wetlands Land
Use Regulations. Although no vegetated tidal wetlands exist on site, the NYSDEC maintains jurisdiction
within 300 feet of the waterway,where there is no bulkheading. In addition, the Town Trustees maintain
jurisdiction over activities withiut 75 feet of the waterway under Town-Code. Therefore, any activities
currently not permitted,would be subject to further review for potential impact on the primary site
environmental resource=- the wetlands..
4.The applicant proposes to leave t inazimum 50 scenic easement'along the northwest part of the site
adjacent the dredged canal This has numerous mitigative bene6tt. Visual impact of current and future
operations are lessened, as well as noise buffering, preservation of natural habitat, bank stabilization, and
limitation on access to the dredged canal_ 5. The project will not set significant precedent because it is
a unique scenario.
6.Tbe project site is adjacent to an existing marina in an MI zone, and therefore is less conducive for the
low density residential development current allowed on the project site.
7.The proposed action has limited potential for expansion due to geographic limitations associated with the
adjacent waterways.
8-Although the action was not recommended in recent master plan updates, the action appears consistent
with Town comprehensive,planning and would resolve a current disparity with regard to R-80 zoning
adjacent with MI use; as well as existing non-conforming uses in an R-80 zone.
9.The action appears to be consistent with State Coastal Policies under the Local Waterfront
Revitalization Program with regaard to promoting public access and use of the waterway.
10.The project is for a change of zone, and further review under the Planning Board Site Plan Review
process will be necessary for any future action on the project site.
11 . Given proposed mitigation,limitations on expansion, and the fact that the facility is currently in
operation, the use appears to be compatible with !"adjacent the site. In addition, given the current
use of the proposed change of zone parcel,the limitations on anticipated use, the regulations over future
site alteration, and the scenic easement, the proposed action is not expected to have a significant
environmental impact.
44.- Vote of the Town. . Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend,. Councilman Lizewski, Supervisor Wickham. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
45.- Moved by Supervisor Wickham, seconded by Justice Evans,
WHEREAS, Strong's :- Marine, Inc., by application dated April 15, 1995,
petitioned the Town Board , of the town of Southold for a change of zone on
certain property located at the end of a right-of-way off of Camp Mineola
Road, and- adjacent to- .James Creek, Mattituck, N.Y., from R-80 Low Density
Residential District to M-1 Marine District; and
WHEREAS, THE Southold . Town Planning Board and the Suffolk County
Department of Planning have prepared official reports and recommendation on
the aforesaid petition;. now, therefore, be it
RESOLVED that the Town .Board hereby sets. 8:00 P.M., Tuesday, July 25,
1995, Southold Town, Hall; Main Road, Southold, New York, as time and
place for a. public hearing , on the petition of Strong's Marine, Inc. for a
change of zone, at which time all interested persons desiring to be heard
should appear at the time and place above so specified; and be it
JUNE 27, 1995 191
FURTHER RESOLVED that the Town Clerk be, and she hereby is authorized
and' directed to . cause , notice of said hearing to be published in the official
newspaper pursuant tot he requirements of law.
115.-Vote of the 'Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
46.-Moved by Councilwoman Olvia, 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 environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Front Yard
Setback", which amends Chapter 100 (Zoning) of the Code of the Town of
Southold, be prescribing the front yard setback requirements for business,
office and industrial districts. 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.
46.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
117.-Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS,there was presented to the Town Board of the . Town of
Southold, on the .27th day of June, 1995, a Local Law entitled, A Local
Law in Relation to. Front Yard Setbacks"; now, therefore, be it
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 Front Yard Setback
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 100-83 (Frontyard"Setbacks) is hereby added as follows:
(al Structures shall be set back;at least one hundred (100) feet from the
right-of-way.
(� There shall be an exception to (a) if the adjacent parcels are
developed in which case the minimum frontward setback shall be
the 'average of the setbacks of the adjacent parcels.
jcj A project shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street The setbacks of multiple structures'on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventv-five
(75) feet from the right-of-way.
2. Section•100-103 (Frontyard Setbacks) is hereby added as follows:
(a� Structures shall beset back at least one hundred (100) feet from the
right-of-way.
1 .9 _2 JUNE 27, 1995
(b) There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontward setback shall be
the average of the setbacks of the adiacent parcels.
Lcl A protect shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventy-five
(75) feet from.the right-of-way.
3. Section 100-143 (Frontyard Setbacks) is hereby added as follows:
(a) Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b) There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontward setback shall be
the average of the setbacks of the adiacent parcels.
Lc A protect shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street.The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
4. Section 100-133 (Frontyard Setbacks) is hereby added as follows:
(a), Structures shall be set back at least one hundred (100) feet from the
right-of-way.
(b) There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontward setback shall be
the average of the setbacks of the adiacent parcels.
Lc-1 A_proiect shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of frontage on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the average setback of the structures meets the
setback required above and all buildings are at least seventy-five
(75) feet from the right-of-way.
5. Bulk Schedule for Business, Office and Industrial Districts is hereby
amended as shown on attached page.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents,.additions.
** Strikethro ugh represents deletions.
JUNE 27, 1995 193
Town of Southold
Bulk Schedule for Business, Office and Industrial Dislricls
LIO
l.11 IIB B Light lndusttial LI
Leaned Ilan let Oeueral M-1 M-11 Park0anned Light
District Business Business Business Marine I Marine II Office Park .ludusuinl
Minhnum requirements ror business,office,
indusuial or other nonresidential use
Lot site(srpaare feel 80,00) 20.000 30,000 .10,000 8U,000 120,000 I0,000
Lot width(reel) 175 61) 150 150 150 2DO Intl
Lul depth(feel) 250 IUD 150 150 130 NO 150
Front yard(feel 60 yglia!& 15 3U yarlaUe' 35 35 73 va[Mlq' 30 variable'
Side yard(feel 20 ID 25 20 25 30 20
I10111 side yiuds(feel) .13 25 50 15 50 60 .Ill
Itcar)and(feel) 75 25 .13 25 25 75 70
Landscape area(percent) 35 25 35 25 20 35 25
Maximum permitted dimensions
Lot coverage(perceul) 20 .10 lU 30 lU 20 30
Building height(reel) 35 35 35 35 35 35 35
Number of stories 2'/0 2 2 2 2 2 2
Nf)'11IS:
For nniopnunn requirements for tesidenlinl uses,refer first to[)easily and Minimum Lot Site Schedule for Nonresidcminl Districts and then to npproprfate indicated cnlumn
In the Bulk Schedule for Residential Uses.In the Marine I mad Marine II Districts,only land above mean high water shall qualify for area calenhainas.
'Relief to appmpritue zone ordinance.-;
47.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
48.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, 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 Land
Clearing", which amends Chapter- 100 (Zoning) of the Code of the Town of
Southold, to allow owners to take advantage of the existing vegetation
on-site when developing a landscaping plan as part of the site plan
approval, and to prevent clear cutting ' of properties prior to site plan
approval. 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.
48.- 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 think it might be advisable to read out what this
"Local Law in Relation to Land Clearing", how it reads just for purposes of
clarification. The reading of this Local Law is as follow: Intent, the
purpose of this ordinance is to allow owners to take advantage of the
existing vegetation on-site when developing a landscaping plan as part of
site plan approval, and to prevent clear cutting of properties prior to site
plan approval. This only applies to business properties, not to residential
properties.
119.— Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of Town of Southold,
on the 27th day of June, 1995, a Local Law entitled, "A Local Law in
Relation to Land Clearing"; now, therefore, be it
194 JUNE 27, 1995
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, all in accordance with the
Southold Town Code and the Suffolk County Charter. This Local Law reads
as follow:
A Local. Law in Relation to Land Clearing
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . ...Chapter 100 (Zoning) 'of the-Code of the Town of Southold is hereby
amended as follows:
INTENT: The purpose of this ordinance is to allow owners to take
advantage of the existing vegetation on-site when developing a
a landscaping plan' as part of site plan approval, and to prevent
clear cutting of properties prior to site plan approval.
1 . Section 100-259 (Land Clearing) is hereby added to read as
follows:
No person shall undertake or carry out land clearing, including -
grading, clearing, cutting and filling, excavating or tree
removal associated therewith, without fist having obtained
site plan approval Weeding,� gardening, mowing, and the
selective pruning of vegetation or selective cutting of diseased
or dead trees shall not be included herein. Any landowner found
guilty of violating this section shall be fined up to five
thousand dollars •($5,000) . Site plan approval .shall be withheld
until and unless a plant restoration plan for that site is
approved by the Planning Board.
II . This Local Law shall..take effect upon filing with .the Secretary of
State.
* Underline represents additions.
49.- 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: Number 50 is a resolution that we could take up
regarding the matter that went to public hearing tonight on Lot Creation and
Merger. I think the Board would like to chew on- that for a week or two.
There. is a lot of meat in there to chew on. We do have one more
resolutions. That's number 51 .
51 •- Moved by Supervisor Wickham, seconded`by Councilwoman Oliva,
WHEREAS, NYSDEC has adopted landfill capping and closure regulations
under ECL Part 360 that treat essentially all landfills in New York State
similarly irrespective of their conditions, and
WHEREAS capping inactive landfills with the required low-permeability
barrier layer would place a financial burden on the Town of Southold in
excess of seven million dollars, and .
WHEREAS extensive hydrogeological- monitoring in areas in and around the
Southold Town landfill clearly indicates that groundwater protection for
residents potentially affected by landfill leachate can be achieved at a
fraction of this cost and in ways that the Town is prepared to commit to, and
WHEREAS Governor George A. Pataki's Office of Regulatory Reform has
proposed a temporary , suspension of landfill • closure for inactive
non-hazardous landfills in; the . state pending a review of said regulations,
now, therefore be it
RESOLVED that- the Town Board of the Town of Southold calls upon
Governor Pataki and NYSDEC Commissioner Zagata to announce said
suspension, and be it further
RESOLVED that the Town of Southold wishes to participate in the
regulatory review to be undertaken pursuant to the suspension.
51 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
JUNE 27, 1995 . 195
SUPERVISOR WICKHAM: That completes the agenda of resolutions before
us. It's now an opportunity for anyone in the audience to address the Board
on any matter of your interest, not limited to those that are on the agenda.
CARLA BLASKO: My name is Carla Blasko. This is an' open letter to
Supervisor Wickham, and the entire Southold Town Board. This letter is to
express the frustration and dissatisfaction with our local Town officials.
I'm the wife of Gary Blasko, and after what we have been through in the
past six months with local politics, I would like to set the record straight
on many matters, and ask the Southold Town Board several questions that I
hope to get answers to. Several people have asked my husband and I if his
job with Southampton Town Police Department is the reason why he declined
the position with Southold Town Police Department? The answer is yes, but
that is only a small fraction . of the reason. The other reasons were stated
in the letter to Supervisor Wickham and the Southold Town Board, which
Supervisor Wickham choose not to make public. I'm making those reasons
public. These are the reasons as stated in the letter dated May 19, 1995.
The Board voted on Monday, May 15, 1995 to hire my husband and Steve
Ryan for the Southold Town Police Department. My husband did not get
notified until 1 :20 P.M., Thursday, May 18, 1995, wanting my husband to
start on Monday, May 22, 1995. The Southold Town Board expected my
husband to give his employer, Southampton Town Police, only four days
notice. My husband stated that this was unprofessional, and inconsiderate.
The fact that, also, according to Civil Service Law .the hirings appeared to
be in direct violation of hiring practices. When asked what would happen, if
Civil Service could put an injunction on these hirings, nobody would give
my husband an answer. The fact that. the Board would expect my husband
to enforce State and Local laws, when it appears some of the Board members
don't even respect these laws. The fact that the salary offered was
$21,600., this is an insult to ,these men that have had years of training,
and experience. My husband could stay home, and collect that little on
unemployment, and yet not risk his life. My husband did commend Board
members Alice Hussie, and Joseph Lizewski, for their integrity and
common sense to stand firm, on this delicate situation. I'm proud to say
that my husband, Gary Blasko, is employed by the Southampton Town
Police Department, and will be until he retires. I thank God every day that
he did not accept the position with Southold Town Police, only because he
would be jobless right now, just as Steve Ryan is. The following question
are based on articles that I have.. read in all the local newspapers, or
watched on our local cable channels. These questions are not accusing any
of the Board members of wrong doing, but are asking the questions that the
public has the right to know the answers to. My questions to Supervisor
Wickham, and Southold Town Board are, why is it that when Civil Service
stated that the whole payroll- was decertified as long as you were in
violation of Civil Service Law, a.nd that you would be personally responsible
for the salaries of all Southold. Town Police officers, you quickly layed off
Office Steve Ryan? Was it because the pay would be taken out of your
pocket, and not the taxpayers? Speaking of the taxpayers' money, do you
realize that the overtime costs for Southold Town Police since the abolition
of Greenport is approximately $150,000., and it could be more? This wasn't
supposed to cost taxpayers of this town a penny. Who is going to pay for
all the legal fees that have occurred in the past months in reference to
these hirings? You " paid one officer money to remove himself from the
preferred hiring list. You paid for a private investigator, which you gave
you a report, but won't release it's content, or use it for any hirings.
Does this report contain information that you wanted to see? I'd like to see
this report. After all, we' as the residents of Southold Town are paying for
it, or is it not for the public's knowledge? Also, do you and the Board
members have any regard for the families of these men? I seriously doubt it.
These men have children that they must provide for, and it seems like you
don't care. These men could lose their homes. Again, I don't think you
care. Not only is this a political question, but also a question of human
decency. Here you have two men, and all they want to do is go to work,
serve this community in which they live, and provide for their families, and
sit up there dangling these jobs in front of them like it's ,a bone for a dog
with no intentions of hiring, unless you can pick, and choose however you
want. Unless you hire one of these officers in proper order you can't hire
any officers for four years. Is this .fair to all the families in this town?
This means lack of police presence, more overtime expense, and the bottom
line is more money out of us, the taxpayers' pockets, with nothing in
19 6 JUNE 27, 1995
return. Why do .you have such a vengeance for Eric Heins? Have you ever
looked at the statistics .from him, when he was with the Greenport Police
Department? Before. the media and political attention, he had a good name
for himself, and now.. you restrict him of what is -simply rumor and
allegations. 'You keep mentioning the Grand Jury report. The report was
sealed. Nothing ever . came from it, except a • bill for the taxpayers. Why
don't you hire him, and then things will be simply fall into place? He was
a ..food police officer. 'Let him prove to you that he was, and still is a good
man. Would about Steve Ryan? Here you - have a man, that wants to work.
You let him work for, about a month, but because of. your actions he and his
family are paying the 'price.. According to the local newspapers, you and the
Board knew that you were doing wrong to hire him, but you didn't care. It
wasn't your family, that would be affected. My last point is, I'm amazed
that Louisa Evans, who 'is a Judge, apparently knowingly violates Civil
Service Law, and maybe she wasn't thinking when she voted on this matter.
She should do a little research before voting on any... Civil Service matters.
My question is, if Supervisor Wickham supposedly committed a misdemeanor
with this act, and Louisa -Evans you voted, yes, also, does that mean you're
guilty of a misdemeanor,' too, and if' so, can you still act as a Justice of
the Court? In closing, Alice Hussie and Joseph Lizewski, had committed
in making the right . choices. You have our votes, and I have other
candidates to chose from in the next election. Supervisor Wickham, you have
my and my husband's number. Thank you.
SUPERVISOR WICKHAM: Maybe the way to do this ,would be to respond to
you through your number, rather than doing so openly. Let me just say,
let me just speak very: broadly. I really have to say, on the part of all of
the Board, including Alice and Joe who you spoke about, I really don't
think there's any significant political content to the decisions. They have
been unfortunate decisions. 1 understand they've hurt families. I understand
they've difficult and . hard on those . families, but the one thing I have to
say, I really don't think, maybe I'm naive about this, I really don't think
on any of us, that there's been a significant political element to those
decisions. The second' ,thing I'll say is that Civil Service rules and
regulations have been—
a very significant constraint to what the Town can
do, and some of the harm and hurt is a result of those binding constraints.
If we didn't have to live within those it would have been much easier for us
to have done what, I, at least think would have been the right thing. But,
I will respond to those letters. Let me just say., on the issue of the delay
in getting to your husband. It's true. 'We enacted a resolution on a Tuesday
night, on a Monday night, and we didn't get to him until a Thursday
afternoon. It's true, and when I found that I put up a resolution to the
Board to modify, to change, our procedures for informing candidates of
their having been appointment, so these delays wouldn't happen again. It
was inadvertent, but it .wasn't political, and it wasn't a slap, or an intent
to bias. But, -1111 respond to those questions, and I will do so happily.
Does anyone else wish to address any of these points?
LINDA FLETCHER: Good evening, "Supervisor Wickham, and members of the
Board. My name is. Linda Fletcher, and I'm here tonight representing the
North Fork Environmental Council. I have tonight, once again, petitions to
present to you with over a hundred names on them, and there probably will
be more coming in. I probably 'can double that number by the end of the
week. These petitions, ' once again, ask for action on your part to take
action on the CoFam Reality project out on the Main Road in Mattituck. I
know we've asked for this before, and I know what • your responses are
going to be, and I would just like to say that you know as well as I do, and
as well as . every member of this audience does, that when you want to do
something, when anyone of us wants to do something, we can find a way to
do it. I think there's an old saying that where there is a will there is a
way. I would like to remind you that it seems to many of us in this town,
that there is apparently lacking a political will on your part to find a way
a way to do something about this project. We are asking you, once again, to
find a way, and to do it today. Thank you very much.
SUPERVISOR WICKHAM: Would anyone on the Board like to respond to that?
COUNCILMAN TOWNSEND:' You have been before us before on the
CoFam project, the McDonald's project, and you have asked us to stop this
project.. We 'looked at -the ' information you presented to us, and we discussed
it, and we felt that there was enough substance for this Board to
JUNE 27, 1995 197
take action. It's easy to say, you can find a way, but I think you have to
have- a basis before you take an action like that, to jeopardize the
taxpayers' money. It's not that 1, or any other member of this Board is
either a big- fan of McDonald's, but there is fairness, and you can't, in my
opinion, trump a case if you don't feel that one exists. Now, this is first
time I've responded directly to it, but that's how I feel. We've taken
measures, and they may have been late, but we've taken measures to try to
improve the future in relation to this kind of establishment, and put them
in areas where they would be most appropriate; and where they won't create
as much as a problem, but as far as this particular issue is concerned, this
particular location, I think that we looked at it carefully, and the Town
Board feels that we, can't initiate action. As far as you are concerned, as
far as the North Fork Environmental Council, they are, taking the proper
action, in my opinion. They're carrying the ball, and they are not
jeopardizing taxpayers' money. They're spending that people that are
concerned about that issue want to spend, and so in that sense I think that
is the proper procedure.
LINDA FLETCHER: I'd like to respond to that. You mean, we're not
jeopardizing taxpayers' money, you may, or may not know, this suit was
filed yesterday. How do you intend to defend it? Are you taking money
out of your own private pockets?
COUNCILMAN TOWNSEND: As you may, or may not know, the Board of
Appeals is an independ I ent Board. We do financq it, but they are an
independent Board.
LINDA FLETCHER: Where does the financing come from?
COUNCILMAN TOWNSEND: It comes from the Town.
LINDA FLETCHER: It comes from everyone of us sitting here.
COUNCILMAN TOWNSEND: That's right. The point is that if you sue us,
if we took an action against CoFam, and they sued us, they would have a
very strong case for damages and so. forth. My feeling is, that. . I can't
really get into. . Ilm not going to characterize the case, but I feel in terms
of our overall .responsibility to the taxpayers, we have done what we should
have done.
SUPERVISOR WICKHAM: I would just like to respond briefly. We've just
heard in the previous speaker, who spoke right before you, about the
difficulties that the Board faces when it attempts to find a will to do
something. We thought, we had a., will, to do, and you know the consequences
of that.. She outlined quite explicitly
licitly what those consequences have been.
When ever the Board takes on n 'a. controversial issue we have weight, first
the risks to 'the Town. Many, of-- us actually have sympathies in line with
what the North Fork Environmental Council is trying to do, and what the
petitioners have done. In deed, the majority of this Board have sympathies
on record, as being in the same direction because we changed the zone, so
that such a place can not be built in that zone again. But, the applicants
got a permit to construct prior to our changing the Code. I didn't feel that
there was a legal way to remove that from them. It's like a legal right. We
looked at it. .We looked, if there aren't ways that we can contrive to do it,
and it is, I suppose, true. We could have contrived something, and we could
have made that case. But it would have been very risky, and we don't
represent just people who want to see that applications stopped. We now
represent the Town, and we represent the Town Code, and we represent the
law that's behind it, and 1, at least, I can't speak for the rest of the
Board, but, 1, at least, felt that in this case it would be imprudent, as a
steward of the town, to try to pull the permit, or to stop them in some way
after they had already received the permit. If there's a fault, the fault is
that we didn't move quickly enough to put that change of zone in before
they got here.
LINDA FLETCHER: I'd like to respond to that. I'm sorry I keep responding
to all these things, but this is something that's been bothering me for a
long time. I remember the 'night when all of you were swept into office. It
was quite a glorious night. Every candidate, that was fielded, won. It was a
feeling of royal jubilation, and if you didn't have a mandate then to
protect this town from this issue, which has been going on for five years, I
198 JUNE 27, 1995
don't really .know who :did have a mandate. You had four months. This is
hindsight now. There were four months to enact the legislation. I know
personally that the first time you sat down at this meeting, when you took.
office, a draft was put before you. You didn't get it done. These people did
not vest their rights in time. I think they are trying to say that the
attorney, that we hired, that this is a weak case. I take issue with that,
and I take issue with the fact that you were mandated to maintain the rural
character of this town; and you have fallen down on the job.
SUPERVISOR WICKHAM: Would anyone else like' to address the Board
tonight?
FRANK CARLIN: Frank Carlin. I finally get to meet Linda Fletcher. I'm
glad she's here. I don't like speaking behind someone's back, but when I
seen McDonald's being , built, finally, I hoped that this issue would have
been put to bed, but I. see it isn't, and as long as Linda Fletcher wants to ---
continue on I shall also' do so. I shall never, and I repeat never, wave the
white flag, or surrender: What we should have had instead 'of a Mac party
was a benefit for homeless and sick' children like McDonald's has. Now,
let's get into some issues here. If you were to tour that area right now,
walk around 'it, you'll ..see sidewalks, Belgium block, stockade fences are
going to be installed -on ' both sides, east and west. It's going to be a
beautiful facility. It .will be a role model for Southold Town. Southold
Town, for once, will take a step forward, instead of two steps backwards.
Now, let's go into more facts about drive-thru's. You have several
drive-thru's in .the Village of Mattituck. I'm sorry, you have several food
facilities in Mattituck Village, that you required to back out. Now, I'm not
blaming the . facility for this. I'm using this as a example. It's more
difficult to back out, than it is to drive-through. You go right down the
street here to Route 25 where the North Fork Bank is, you're driving in to
Young's Avenue, a.nd you come out on Route 25, Main Street, only 150 feet
from the traffic light intersection. Actually a gas. station is considered a
drive-through, because you drive in, you pump the gas, and you drive out.
Logic,. reasoning, that's': what ought to prevail in this case. Common sense. 1
understand, Mr. Wickham, and Councilwoman Oliva, you support DARE
Program, right? I applaud you for that, and so does McDonald's, and many
other programs. You know, you really go to consider this, like I said, a
role model for Southold. It will be beautiful. The landscape, and
everything, and the way the plans are, it will be beautiful. I applaud the
Town Board. I applaud you for sticking, by, and to know when to back off,
and know when you're right or wrong, because I tell you, the things that I
mentioned, those three items about the back-outs in Mattituck, the
drive-thru here in the bank, and also the gas stations: I don't know when
you said in the newspaper, Tom,,we believe we're on a strong legal ground.
Time will tell. (Tape 'change.) I want to finish. I don't have the
opportunity to have my picture, and ,my line-up in the newspaper all of
time. I got to do it right here.. I don't -have that kind of pleasure. I have
to express my: thoughts here, and I'm doing them tonight, and I'll repeat
again, l'm 'not waving- the white flag, and I will never surrender. I'm not
afraid of anybody. I'll challenge them here, or television, or anyplace. I
,got another thing I want to speak on. One more item before I sit down. This
is about the YMCA. I'm not against it. I'm not for it. If you're going to
have it fine. I understand you are going to have it in Laurel. Fine. It's
going to be north of the baseball field, right? Right, north of the
baseball field, between the baseball field, and the lake, right?
SUPERVISOR WICKHAM: , I'm not certain exactly where that is going to go.
FRANK CARLIN: Well, it' said in that area. Fine, but you have to consider
one thing. You know eventually some youngster will eventually travel down
around through that lake. Keep this in mind. If they fall in the lake and
drown you are going to be libel for it. Keep that in mind. I'm glad you're
having it on the north side, like in said in the paper, of the baseball
field, because I don't."want you to destroy that beautiful park we have there
with the monkey bars, swings, and .the slides, picnic benches, and the two
Little .League baseball fields, that Jean Cochran, when she was
Councilwoman developed:,,;' Thank you.
SUPERVISOR WICKHAM: . Would anyone else like to address the Town Board
on any matter of your interest today?
JUNE 27, 1995 199
RONNIE WACKER: I just wanted to make one thing quite clear to Mr.
Carlin. . My name Js Ronnie Wacker, and I'm from Cutchogue. That you
are not opposing Linda Fletcher. Linda Fletcher is presenting this charge
all by herself. She is representing the NFEC, which has a membership of
a thousand households. So you are one person against this large group,
who don't agree with you. I wasn't- intending to scare you. I just wanted to
present the facts. I wanted to thank the Town Board for it's work on the
law in relation to land clearing. This is something that should have been
done a long time ago, and I'm glad to see -is being done now. I was thinking
that as far as McDonald's is concerned that the Town Board would be within
it's right to issue a stop work order, only in that there is so much
confusion about the legality of it, that it would seem to me that it would
be, and I'm not a lawyer of course, an action that would make sense, to
stop the work until all sides can talk this out, and can come to some legal
understanding. I think the Town would like to see this. We don't understand
exactly why this stop work order has not been issued, since there is so
much opposition. We'd 'like to see it cleared up. I feel you would be within
your rights to do that. Thank you.
SUPERVISOR WICKHAM: Before inviting Mr. Carlin to address the Board,
again, is there anyone else in the audience, who would like to _address the
Board tonight? (No response.) If not, Mr. Carlin?
FRANK CARLIN: Just a couple of things I want to mention here, Tom. I
understand the flag pole. . I might be wrong, I might not be. I might right.
I might be wrong. I don't know for sure, but I was told that a flag pole is
not included in the plans in this McDonald's. That was told to me by
someone from good source. Now, if it isn't included, and the owner so
wishes to do so, is he going to be prevented from putting up flag pole to
display the American Flag?
SUPERVISOR WICKHAM: I have no. idea what the Planning Board has, or
has not required in the area of flag poles.
FRANK CARLIN: But if it wasn't on there, and you requested it, and if
he wishes to do so?
.SUPERVISOR WICKHAM: I'm sure there's a mechanism for resolving these
things.
FRANK CARLIN: Right. You have one right out there at the Town Hall.
You have them all over. You wouldn't deprive someone of flying the
American Flag, law or no law, would you, Tom?
SUPERVISOR WICKHAM: That's right.
FRANK CARLIN: Let's face .it.. Another thing is, they went to all that
this morning, McDonald's representative went to it this morning, I
understand, went through .all. the details, that was an all day meeting this
morning what ever they had, and everything is going fine, and you
probably see it by August one.
SUPERVISOR WICKHAM: Is there anyone else in the audience, that would
like to address the Town Board this evening? (No response.) If not, I'll
turn to the Board. Any members of the Board, who would like to address
ourselves, or the audience?
COUNCILWOMAN OLIVA: I'd just like to bring you up to date on something
that I think is very important, that has been happening in the town, and
that is the creation of a Anti-Bias Task Force. We started to have a meeting
back in the early part of May, and we had an extremely good turnout. We
had about thirty-five to forty people here, who were concerned, and
interested in developing some sort of a Anti-Bias Task Force, so we decided
to have another meeting which we held the first week of June. We had a
good working group. We got down to some nitty-gritty comments of what was
going on, and the problems that we are facing in this town, and the
realization that there is discrimination among many different groups in this
town. We thought we would ask the Town Board for some sort of
legalization, and confirmation of this Task Force, and they have said in the
next couple of weeks we will draw up something to make it kind of an
official committee of this .town. We're going to meeting Thurs.day, July
2 H JUNE 27, 1995
6th, at 11 :00 o'clock in the morning, and I would certainly urge anybody
that has an interest in this to, please, come out, and take part in this. I
think it's a very important endeavor. . We are going to work this summer on
some sort of a plan to help the schools with any types of discrimination,
that they may face- come the fall, so that we can work as an intermediary
between the schools, and .those people that feel they are being discriminated
against, no matter who, they are, or what they are. I think it's very
important. We have Rabbi Moss here from Suffolk County Anti-Bias Task
Force helping us. to organize- this. Our committee, we have a minister here
from Mattituck, Reverend Marvin Doscher, who is very interested in doing
this, and I do; and the . TV audience, if you're interested, please, do come
out. Again, it's July 6, Thursday, at 11 :00 o'clock in the morning right
here in Town Hall. Thank you.
SUPERVISOR WICKHAM: I'd just like to comment, I spent Thursday of last
week in Albany discussing with the State of New York about the
arrangements for the 'closing of Cutchogue Landfill. One of the positions,
that we have taken ..in :the town, and as a Board, and also the Suffolk
County Board of Supervisors, and the Association of Towns, is that all
landfills are not created equal. Some are more of a' threat to the
environment, than others, and a town like Southold, that has a landfill that
is not a contributor in any significant way in contamination of the
groundwater, should not_,. be required to invest in a plastic 'cap over the old
landfill. We have about thirty acres of extent of our landfill, which would
cost six or seven million dollars, or even more when interest charges, etc.
are added. We have .promoted to the State alternative means: of reserving the
water quality in the area around the Landfill. We're in extensive
discussions with them.: We're hopeful . that in due course the State will
recognize that there are different ways to treat landfills, and that there
are some far less costly ones appropriate to our Landfill.
COUNCILWOMAN OLIVA.: Just one more thing, I hope all of you will drive
by Town' Beach, and see what improvements are going on down there. We
said at the beginning of 'this years, that we wanted to promote our beaches,
and Tom, and the Board, have created a Parks and Recreation Committee.
Jean Cochran is the head of it wjth myself on it, with myself on it, and
Jim ,McMann, and Peg.: Murphy, and Ken Reeves. They've done such a
.wonderful job, really. We wanted to promote the beaches 'to have beaches
,would look appealing, so people would stop there. If you went by Town
Beach last year, you :didn't see hardly anybody there. If you did, they
were parking on the highway, but now we have lower the price. We are
really fixing up 'the beach. I want to thank all those wonderful Girls
Scouts, and their Moms, and everybody for the hot dogs, and the Coke,
afterwards. We all got:'together last Friday afternoon. Supervisor Wickham
cut the ribbon, and they planted all these flowers in the flower boxes. We
have new recreational equipment there, the slides, and the swings, and
they're going to have hibachis, ,and a few tables and chairs, and even that
grassy area, as the weeks, unfold, you're going to see those planted with
nice shrubs, and what have you. So, we're really trying to dress up the
beaches, so, people will come to our beaches instead of coming to our road
ends, which we kind of like to think as our own beach, but if we can have
a beach that we're really proud of, I think more people will come to it, and
we're also fixing up. Norman Klipp Part at Cull Pond, and this another
lovely beach, and I hope you will start taking a look' at that. I just want
to thank the whole committee, and especially all those Girl Scouts, and
their Moms. Thanks so much.
SUPERVISOR WICKHAM: As Ruth said, the Chair of the committee is Jean
Cochran. She really did a wonderful job, and speaking for myself, she did
such a good job, I .just hope she stays in that capacity for a long time.
Anything else tonight?
DEBBIE SIDLAUSKAS: 1. just have one question in regard to the beaches.
Debbie Sidlauskas from. Mattituck. I remember a while back about the no
parking. I can't remember the exact roads, and that's why I'm here, to see
if anyone does remember. I thought Peconic Bay Boulevard by Veteran's
Memorial Park was, also, on the no parking.
COUNCILWOMAN OLIVA: Every road end is, parking, by permit only.
JUNE 27, 1995 20
DEBBIE SIDLAUSKAS: That's what I thought, and I thought Peconic Bay
Boulevard was, also, because it's Bay Avenue, and then Peconic Bay
Boulevard together there, and I thought Peconic Bay was, also, supposed to
be, no parking.
SUPERVISOR WICKHAM: I don't think so, but we can check in our records.
We can get back to you tomorrow.
DEBBIE SIDLAUSKAS: Okay, I thought when I read it that they said
Peconic Bay, and I said, well,. that good. Maybe it was just where they
meet, or whatever. I think it should be, because everybody parks there,
and walks into the beach, and they don't pay, and they're from
out-of-town, and .l don't mind they're being there, but it's unfair.
SUPERVISOR WICKHAM: Do I hear 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 9:15
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