HomeMy WebLinkAboutTB-10/03/1995_21
SOUTHOLD TOWN BOARD
OCTOBER 3, 1995
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 : 15 A.M. - The Unsafe Building Hearing with respect to the property of Thelma
York Aanestad, 2605 Orchard Street, Orient, was reopened. Building Inspector
John M. Boufis appeared before the Board and advised them that since the
September 19th hearing he has had no correspondence or communication from the
owner of the property. Councilwoman Oliva reported that 'the Landmark Preservation
Commission has looked at the house , as best they could, due to the overgrowth
around it, and feel that perhaps the wide floorboards or a mantel might be worth
preserving. This could be taken into consideration during the demolition. The
Unsafe Hearing was adjourned, and the Board agreed the building must be
demolished, and placed a resolution (15) on .the regular meeting agenda to reflect
this decision. They also placed a resolution (16) on the agenda authorizing the
Town Clerk to advertise for bids for the project.
9 :25 A.M. - Edward Boyd V, ' Assistant Chief of the Southold Fire Department
.appeared before the Board to ask if they had made a .decision to approve a traffic
light at CR48 and Horton Lane, Southold. Councilman Townsend said he would like
to look into other safety measures. The Board agreed to discuss this more fully
at 3 :00 PM, the scheduled time 'on the agenda.
9 :30 A.M. - Committee on Local Taxes members James Heffron, Chairperson, Lynda
Rehm, Charles Murrin, and James Foley met with the Board to present their Final
Report (copy on file in the Town Clerk's office) . Mr. Heffron and the members
discussed the report with the Board. The Town Board agreed that the report will
be distributed to department heads, along with a summary, which will be distributed
to all employees. Supervisor Wickham suggested that.a steering committee .be formed
after election that will move ahead with the recommendations in the report.
10 :20 A.M. - Supervisor Wickham reviewed his Tentative 1996 Budget.
11 :00 A.M. - Senior Accountant John Cushman met with the Board to discuss the
East-West Fire Protection District Firemen's Service Award. He said that the* Town
paid its 46% 1994 share last year, but the Village did not pay their 560 1994 share
until this August. They do not plan to pay their 1995 share until 1996. Mr.
Cushman said that it was his understanding that when the Town agreed to make the
initial payment, that the Town would , not make a second payment until the Village
made its second payment. The Village Clerk advised him that the Village has not
budgeted the second payment, and plans to wait until next year. The Board asked
Mr. Cushman to advise the Village that the Town will not make a second payment
until the Village makes their second - payment, or the Town will make a second
payment now in an amount reduced by the difference between the present value of
$73,079.00 due one year hence, at an interest rate of 6 0., the reduction to be made
up by the Village of Greenport, which would mean the Village would have to pay
an additional $4, 136.27, while the Town's payment would be reduced to $68,942.73.
Mr. Cushman will convey this to the Village.
OCTOBER 3, 1995
2 :55 P.M. - Board discussed the proposed agreement between the Town and the
Suffolk County Department ._ of Public Works for the installation of traffic control
devices at CR48 and Horton Lane, Southold, and a resolution (28) was placed on
the agenda to authorize the Supervisor to sign the agreement.----Discussion was
held with regard to the proposal of Charles Voorhis 8 Associates, Inc. for
environmental planning services for the Town-owned land at Laurel Lake proposed
for a YMCA. Councilman Lizewski and Councilwoman Hussie voiced their disapproval
of spending $1,000 of Town money before it is known whether the YMCA can raise
the money for a building. A resolution (29) was put on the agenda to go forward
with the proposed services.----Board placed a resolution (21) on the agenda
reappointing members of the Substance Abuse Committee.
11 :15 A.M. - Town Board approved a proposed budget modification by Chief
Droskoski for motor vehicle tires (resolution 18) .----Put on hold a proposed
resolution for the installation of a street light in the Shorecrest Subdivision until
Supervisor Wickham has an opportunity to talk to Superintendent of Highways
Jacobs.----Approved a budget modification for the maintenance agreement for the
blood pressure machine (resolution 19) .----Approved attendance at an Emergency
Medical Dispatch Instructor Training by Public Safety Dispatchers (resolution
20) .----Set 2:30 PM and 3:00 PM, Tuesday, October 10 for interviews for Home
Health Aide, School Crossing Guard, and Records.Management Clerk.----Town Board
reviewed the Well Drilling Project Interim Report for Oregon Road, Cutchogue,
September 1995,. by the Suffolk County Department of Health Services, Division of
Environmental Quality, Bureau of Groundwater Resources (on file in , the Town
Clerk's office) .----Board again discussed the request of former Police Officer James
Mellas for reimbursement for time spent testifying in court on behalf of the Town.
The Town offered to pay him for his time at the 25% difference between his
retirement income and full salary. He said he was insulted and would not accept
charity. The 250 offer would amount to $400. Board agreed to offer 50%, or $800.
Furthermore, Councilman Townsend would like a letter from Chief: Droskoski stating
that he told Mr. Mellas he would be reimbursed for his time. Supervisor Wickham
will obtain the letter from the Chief.
11 :45 A.M. - Venetia McKeighan, .Director of Human Services, met with the Board
to request permission to have a telephone line installed at the Retreat Office, located
in the Human Resource Center. The phone that they originally installed is reserved
for hot line calls only. They have been sharing a ,phone for all other calls: Since
calls to Retreat are increasing at such a rapid rate, phone sharing is no longer
adequate. The installation, as well as the monthly bills will be paid through the
Office for Women's budget (resolution 22) .
11 :55 A.M. - Town Board reviewed a memorandum from Planning Board Chairman
Richard Ward with regard to farm. atands, The Planning Board is concerned with
the setback proximity af( farm- -.stands to the highway or lot line, and that a building
permit could be issued for the construction of any structure up to 1000 square feet
in area within the required. front yard of any lot within a residential subdivision
regardless of the size of the lot or its location. Further, while the Code defines
a farm and farm buildings, it does not define farm stand. They submitted a proposed
definition for the Board's consideration, which is intended to discourage the
construction of permanent structures that could be converted to retail or office uses.
The Board agreed this proposal should be referred to the Agricultural Committee.
• Supervisor Wickham said he would call a long over-due meeting of the committee and
place this item on the agenda.----Report from the Land Preservation Committee,
upon request of the Board, with regard to the offering of land by the Commoners
Theland owned by-th6m:"is k-in Peconic and Cutchogue. The committee recommended to
the Board that the Town accept the donation of the land. Town Board placed a
resolution on the agenda to accept the land, subject to the approval of the Town
Attorney.----Town Board set 8:00 P.M. , Tuesday, October 17, 1995, for a public
hearing on a proposed "Local Law in Relation to Landfill Permit Fees by .Resolution"
(resolution 24) .
12:15 P.M. - Recess for lunch.
OCTOBER 3, 1995
2:05 P.M. - Work Session reconvened' and the Board met with Town' investigator
Edward Forrester to discuss the Annabel trailer permit. It was agreed to look at
the situation again at, the end of: six- months When(the .permit comes up for. renewal.
2 : 15 P.M. - Solid Waste Coordinator James Bunchuck met with the Board on soil
testing at the Fishers Island Metal Dump. He discussed this with Tom Maher of
Dvirka and Bartilucci, and he suggested the Town contact Nytest, who has tested
soil samples for the Town in the past, and set up a testing protocol. He will speak
to Nytest and obtain a cost proposal from them, and report back to the Boar.d:. .
2 :45 P.M. - Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
EXECUTIVE SESSION
3:15 P.M. - On motion of Supervisor Wickham, seconded by Councilwoman Oliva, it
was Resolved that the Town Board enter into Executive Session to discuss police
hiring and the Scavenger Waste Plant. ' 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.----As a result of this Executive `Session,. a resolution (30) was
placed on the agenda to engage the services of Jonathan Rosner to defend the Town
in the matter of the Village.:. of Greenport and Mayor David E. Kapell, individually
and on behalf of the residents of Greenpor•t against the Town of Southold, the Town
Board, the Town Police Department, and the PBA.
4:25 P.M. `'Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on, October
3, 1995, at the Southold Town Hall, Southold, 'New York. Supervisor
Wickham opened the meeting at 4:30 P.M. with the Pledge of Allegiance of
the Flag.
Present: Supervisor Thomas H. Wickham .
Councilman Joseph J. Lizewski
Councilwoman Alice J . Hussie
Councilwoman Ruth D. Oliva '
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Do I hear a motion to approve the audit of the
bills of October 3rd?
Moved by Councilwoman Oliva,. seconded by Supervisor Wickham, it was
RESOLVED that the following paid: General Fund Whole Town bills in
the amount of $45,571 .85; General. I Fund Part Town bills in the amount of
$303.61; Community Development Fund bills in the amount of $22,923.04;
Highway Fund Whole Town bills in .the amount of $5,017.89; Highway Fund
Part Town bills in the amount of $150,801 .79; Lighting/Heating Capital A/C
bills in the amount of $600.00; Fishers Island Metal Dump Capital bills in
the amount of $5,867.29; Employee Health Benefit Plan bills in the amount of
$32,208.25; Fishers Island Ferry District bills in the amount of $121-101 .15;
Refuse & Garbage District bills in the amount of $84,167.40; Southold
Wastewater District bills in the amount of $2,590.00; Southold Agency E
Trust bills in the amount of $3,129.03; Fishers Island Ferry District Agency
E Trust bills in the amount of $1,013.56.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly adopted.
OCTOBER 3, 1995 -3 9 7
Moved .by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
.,RESOLVED.. that the minutes of the September 19, 1995, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly adopted.
Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the next regular meeting _of the Southold Town Board will
.-be held at 7:30 P.M., October 17, 1995, at the Southold Town Hall, .
Southold, New York.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: One of the opportunities the Town Board has from
time to time- is to make proclamations in honor of important events, or
important periods in the Town's day to day life. This one is to commemorate
Fire Prevention Week, which is next week. It's very timely coming just after
the parade in Westhampton yesterday, that commemorated fire prevention
on a broad scale of the South Fork, and today's. proclamation is a little
different from some of the earlier ones we've done, in that it will involve
the entire Town Board, so I would like to begin by essentially reading the
first part of this proclamation, a proclamation in support of Fire
Prevention Week, and I'll just mention briefly. that we have several tips in
Fire Prevention Week as to exactly what to watch what we heat, and each
member of the Board will read a tip. Before I get into the proclamation
itself I'd just like to mention several of these tips, that are part of Fire
Prevention Week. The first one is always keep an eye on food being heated.
If you leave the kitchen turn off the heat, and a good cooking tip is if the
phone rings, or something else requires you to leave the kitchen monetarily
when cooking,, take a pot holder or wooden spoon with you as a reminder to
get back to the kitchen quickly. That's a tip that is part of Fire
Prevention Week. Joe?
COUNCILMAN LIZEWSKI : Keep young children away from appliances when
cooking. If you allow older children to cook, supervise them closely, and
teach them safe cooking practices. Good cooking tip, enforce a three foot
kid-free zone around the range and teach youngsters not to play in that
area. Alice?
COUNCILWOMAN HUSSIE: Dress appropriately for cooking. Wear short or
tight-fitting sleeves when cooking and use caution when working near heat
sources. Good cooking tip, try not to reach or lean over the stove. You
can avoid this by not storing items you use directly over or behind the
stove top. Judy?
TOWN CLERK TERRY: Provide plenty of quality, fire-resistant pot holders
and oven mitts for the cooks in your household. good cooking tip, select
heavy, fire-retardant oven mitts that nearly reach the elbow to protect your
entire forearm from heat. Ruth?
COUNCILWOMAN OLIVA: Keep the stove top clean and clear. Store things
that can catch fire, like pot holders or wooden utensils, away from heat
sources. Good cooking tip, keep food or grease from building up by cleaning
often.
COUNCILWOMAN TOWNSEND: Monitor hot oil carefully and heat it slowly.,
keeping the pan lid close at hand. Guard against splattering grease. Know
what to do in case a grease fire occurs.
JUSTICE EVANS: Use caution with electrical appliances. Plug one appliance
into an outlet at a time. Have appliances with frayed or cracked cords
repaired before using. Never stand in or near water when using electrical
appliances. Good cooking tip, unplug countertop appliances when not in use.
TOWN ATTORNEY DOWD: Turn handles inward so pots and pans won't be
pulled or knocked off the stove.
398 OCTOBER 3, 1995
SUPERVISOR WICKHAM: . We have a proclamation, that I'd like to read now.
Is there someone, Mr. Llewellyn, who would receive it with us?
Moved by Supervisor Wickham, seconded by the Entire -Town Board,
WHEREAS, the fire service of the Town of Southold is dedicated to the
safety of life and property. from the devastating effects of fire. Members of
the fire service are joined by other concerned citizens of Southold Town, as
well as schools, business, service clubs and organizations in their fire
prevention efforts; and '
WHEREAS, this year's Fire Prevention Week them targets the leading
causes of home fires and fire deaths. "Watch what you heat: Prevent Home
Fires" underscores the ' main culprits, cooking equipment and heating
equipment; and
WHEREAS, cooking is the number one cause of home fires I'n the United
States. The leading cause ' of home cooking fires and injuries is unattended
cooking; and
WHEREAS, the local fire service efforts are sponsored by activities of
organizations such as the American Burn Association, the American Red
Cross, the Congressional Fire Services Institute, the Fire Marshals
Association of' North America, the International -. Association of Arson
Investigators; the International Association of Fire Chiefs, the
International Associations of Fire Fighters, the International Association
of Black Professional Fire Fighters, the National Volunteer Fire Council,
the U.S. Fire Administration'; now, therefore be it
RESOLVED that the Town Board of the Town of Southold do hereby
proclaim the week of October 8-14, 1995 as FIRE PREVENTION WEEK which
commemorates the great Chicago Fire of 1871; and be it further
RESOLVED that the Town Board calls upon the people of Southold Town to
participate in fire prevention activities not only at home, but at work and
school as well, and to heed the message: Watch what you Heat.
Dated: October 3, 1995.
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 you have copies of the agenda, that were
available outside the door when you came in. You'll notice that at 5:00
o'clock we have two public hearings, one a Local Law in Relation to Flea
Markets, and on in Relation of Members of the Architectural Review
Committee. There are a series of reports the Town 'has available.
I . REPORTS.
1 . Southold Town Police Department Monthly Report for August, 1995.
2. Southold Town Community Development Office Monthly Report for
September, 1995.
3. Southold Town Dog Shelter Monthly Report for August, 1995.
4. Southold Town Building Inspector's Monthly Report for September,
1995.
II . PUBLIC NOTICES.
1 . New York State Department of Transportation Notice of Order
amending the existing 40 MPH speed limit to extend 1500 feet east of
Cutchogue Elementary School.
2. U.S. Corp of Army Engineers, New York District Public Notice
announcing a series of ' public information meetings pertaining to the
Regulatory Program.
Ill . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M. on a proposed "Local Law in Relation to Flea Markets".
2. 5:05 P.M. on a proposed "Local Law in Relation to Members of
Architectural Review Committee".
OCTOBER 3, .1995 3 9 9
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have a series of issues, that we took up during
the Work Session in the morning, and in the afternoon. There shown on the
last page in the Order for Business, that we took them up in during the
day. Many of those items are now converted into resolutions, that the Town
Board will take up in short order. Before we take up those resolutions is
there anybody in the audience who would like to .address the Board briefly
on any one of the resolutions that are listed in the agenda? Yes, sir?
WILLIAM SOLMAN: My name is Bill Solman, Chief of Southold Fire
Department. Resolution 28, 1 was here earlier during the business meeting,
and I understand that everything looks favorable for it. I just want to
stress it more. It's needed. I don't know if you have reports, but we have
all the statistics for the last year and a half. I don't know if everybody
has received them, as far as injuries, that we have responded to, and not
the Police Department. I don't know if you'd like my copies.
SUPERVISOR WICKHAM: Yes, I would like to have a copy of that. Are
there any other comments on this, or any of the other resolutions before us
tonight?
RICHARD WINTERS: My name is Richard Winters. I reside on Horton's Lane
to the north of Route 48. I'm asking for the Board's support for the
proposed traffic light. . I think it's important. I hate to see Southold Town
strung with traffic Fights. I hate to see the lose of the atmosphere once
they go in like regulation, it's tough to get them out. On the other hand,
crossing 48 probably four or five times, a. day, I can personally vouch it's a
dangerous intersection. There's one thing, at least, that makes that
intersection unique, and that is that the cars coming off of the dual lane
highway, which is. . on average I suspect they travel 60, 65 miles an hour.
Then they go down to the two lane highway. They're still going too fast. I
think a light at' that intersection would tend to slow them down a little bit
for Young's Avenue, which is probably equally as dangerous, Boisseau,
and then you run into the speed zone by Sawicki's. So, I think it's an
ideal spot from that point of view to slow the traffic down, as it reduces
to two lane from four lane. In addition to that there is currently one
business on the north-west corner, where sometimes pulling out of Horton's
Lane heading south they'll park in the front, not supposed to, but they do
from time to time, blocks vision. The ,other thing that causes a ' problem is
when you get Plum Island people coming home, you'll get a string of cars.
Sometimes you'll get the ferry traffic. It's still a string of cars from
Orient. I think we've all seen that, and in the summertime it's compounded
with the summertime traffic. It's not too bad in the wintertime, but when
you get a string of cars, I see people who get anxious. I'll fall asleep at
the stop sign. I don't really care, because I'm used to it, but some people,
they get anxious, and they go when they shouldn't go, and they lose track.
They don't look the two or three times that they should. I think with some
of the senior citizens, maybe they're careful, but it's a little more
dangerous. Some young people, they jump the gun. I've seen it time and
time again. That adds, and compounds the problem. I think we need a light
there. I hate to see it happen, but I think we really need it from a safety
point of view. Thank you.
SUPERVISOR WICKHAM: Would anyone else like to address the Board on
any of the resolutions before us this afternoon? Yes, sir?
J.L. CONWAY: On the same one, my name is J.L. Conway. I live on
Horton's Lane. You read my letter earlier today. The thing I'd like to bring
up, you just read a resolution about prevention. This is what this light is.
We want to prevent injuries and death. Thank you.
SUPERVISOR WICKHAM: Anyone else like to address the Board this
afternoon on the resolutions in front of us? (No response. ) At the end there
will be an opportunity to address the Board on other matters, that aren't
just limited to these resolutions.
TOWN CLERK TERRY: May I put something on the record, please? In
accordance with New York State Law I wish to formally present the 1995
Tentative Budget to the Town Board members. You all received a copy on
September 29th, so now you're ready to begin your Budget review.
Thank you.
4 O 0 OCTOBER 3, 1995
SUPERVISOR WICKHAM: Thank you, Judy. She reminded me that she did
present, as State Law requires, the Supervisor's Tentative Budget that I
prepared for the Town Board last Friday, and this morning during the Work
Session we had our first discussion about it. I'm not going to go into a
lengthy discussion about the Budget. I will say, that it calls for an
increase in spending for next year, for the Town, of about 1 .6%, but it
. calls for a decrease in taxes -by about' two and a half percent, because of
the way the revenues are constructed. We had a good discussion about it
this morning, and beginning at 8:30 tomorrow morning the Town Board will
take this Tentative Budget, .work it through, and ultimately work towards
adopting a budget, I hope later this month. With that brief introduction I
think we're ready to begin with our resolutions.
1 .-Moved by Councilwoman' Oliva,.. seconded by Supervisor Wickham, it was
RESOLVED that the Town _ Board of the Town of Southold, in accordance
with Section 76-23 of Chapter 76 of the Code of the. Town of Southold,
hereby determines that the Fishers Island Sewer District rent by A. J.
Cada Contracting, in the amount of $787.50 for the year 1995, which rent
remains unpaid, shall be levied against the real property of A. J . Cada
Contracting, and shall be collected at the same time and in the same manner
as Town taxes.
1 --Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2 —Moved by Supervisor Wickham, seconded by Justice. Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Lucia Farrell as a temporary part-time Clerk Typist for the Justice Court,
effective September 22, 1995, to fill in during the sick leave of Theresa
Zimnoski, at a salary of $6.82 per hour.
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 Justice Evans, . seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D.*. Stype, Certified Real Estate Appraiser, at a fee
of $1,000.00, to conduct an appraisal for the Land Preservation Committee
for consideration of the following property for the Farmland Preservation
Program: Marie D. Cassidy and Carole M. Cassidy, Albertson Lane,
Creenport, approximately 32 acres, SCTM#1000-5-59.3 E 59.4.
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 Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Assessors to follow through with the reduction for
1995-96 tax year, which reductions were in place for 199.4-95:
Roosevelt Savings Bank 1000-55-5-7 from $42,000 to $26,000
235 Mill Street 1001-4-9-7 from $27,000 to $19,320
James L. Cray & Peter Cray 1000-114-12-2 from $18,000 to $12,000
4•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
OC T OBER 3, 1995 401
5.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the Whole Town General Fund,
Central Data, Processing, 1995 Budget to allocate funds for the purchase of a
486 PC for Engineering Inspector James Richter:
To:
A1680.2.400.440 Personal Computers $ 2,790.00
From:
A1680.2.400.510 AS/400 Software $ 2,575.00
A1680.4.400.558 PC Software Maintenance 215.00
5•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Town Trustee Martin Carrell to attend a one-day workshop on
"Designing Stormwater Wetlands", sponsored by Cornell Cooperative
Extension/Suffolk County, the USEPA, and The Peconic Estuary Program,
at the Cornell Offices, Riverhead, on September 29, 1995, from 9:00 A.M. to
5:00 P.M., and the $25.00 registration fee shall be a legal charge to the
Trustees' 1995 Budget; and be it
FURTHER RESOLVED that the Town Board authorizes Site Plan Reviewer
Robert Kassner to attend the same workshop, and the $25.00 registration
fee shall be a legal charge to the Planning Board's 1995 Budget.
6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham. ,
This resolution was duly ADOPTED.
7.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of David C. Witimpelberg, Certified Real Estate Appraiser, to
conduct an appraisal on behalf of the Land Preservation Committee, at a fee
of $1,000.00, on the property of John J. Koroleski, 182 Sound Avenue,
Mattituck, N.Y. (Tax Map No. 1000-112-1.-9), approximately 60 acres.
7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.:-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, William M. Beebe has made application to the Town Board of
the Town of Southold to dedicate proposed highways known as Evergreen
Drive and Vineyard, Drive, and Drainage Area and Open Space Area and
Easement 20 ft. wide on Lot No. 9, designated on a certain map entitled,
"Map of The Woods at Cutchogue", situate at Cutchogue, Town of Southold,
Suffolk County, New York, filed in the Office of the Clerk of the County of
Suffolk on March 23, 1989, as Map No. 8717; and
WHEREAS, the Southold Town Superintendent of Highways has inspected
said highways and has advised the Town Board that he determines and
orders that said highways shall be laid out in the Town; now, therefore, be
it
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of New York, consent be and the same is given to the Superintendent
of Highways to make an order laying out the aforesaid highways, to consist
of lands described in said application, as shown on certain maps attached to
said application; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to forthwith cause the dedication, release, and deed to be
recorded in the Office of the Clerk of the County of Suffolk, New York.
8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
402 OCTOBER 3, 1995
9.- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
responsibility for the two (2) street lights which were required to be
installed by the developer in the subdivision of "The Woods at Cutchogue",
all in accordance with the approval of Superintendent of Highways Jacobs.
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 Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for bids for the
purchase of 500 tons of Bulk Ice Control Rock Salt for the Superintendent of
Highways.
10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, ' Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .-Moved by Justice Evans, seconded Councilwoman Olvia, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 22, adopted on September 19, 1995, to read as follows:
"RESOLVED that the Town Board of the Town of Southold hereby
authorizes an expenditure not to exceed $229.00 for expenses incurred by
individuals from the New York State Department of Motor Vehicles. to travel
to Fishers Island to process the renewal of driver's licenses for Fishers
Island residents."
11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
1.2.- Moved by Supervisor Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following 1996 Budget modification to the General Fund Whole
Town to provide for a donation to pay for chairs for the Adult Day Care
Program:
To:
Revenues:
A2705.40 Other Donations $ 806.00
Appropriations:
A6772.2.500.200 Program for the ,Aging, Other $ 800.00
Equipment, Chairs
12 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
13.- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Southold Town Trustees to retain the services of
Timothy Collins, AICP, Environmental, Planning & Land Development
consultant, East Hampton, N.Y., as an Environmental Consultant to the
Trustees, effective September 1, 1995, at a rate of $65.00 per hour; and be
it
FURTHER RESOLVED that the Supervisor Thomas Wickham be and he
hereby is authorized and directed to execute an agreement between the Town
of Southold and Timothy Collins, AICP, all in accordance. with the approval
of the Town Attorney.
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
OCTOBE R 3, . 1995 4 .03
14:-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to execute an agreement
between. National Association of Drug-Free Employees, Inc. and the Town of
Southold whereby. NADE will provide turn-key services for drug and
alcohol testing for Town employees in possession of a Commercial Drivers
License. -who are ' covered by the Federal Highway (FHWA) regulations
(OTETA), all .in accordance with the approval of Town Attorney Dowd.
14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.-Moved by Councilman Townsend, seconded by Justice Evans,
WHEREAS, the Building Inspector of the Town of Southold has made a
formal inspection of the premises owned by Thelma York Aanestad, and
referred to as: Suffolk County Tax Map designation: District 1000, Section
27, Block 1, Lot 4, and also know as 2605 Orchard Street, Orient, New
York, and thereafter prepared a written report thereon and filed in his
office; and filed the same in his office; and
WHEREAS, it was determined by the Building Inspector that the building
or structure on said premises is dangerous and unsafe to the public; and
WHEREAS, the Building Inspector promptly thereafter served a notice on
the owner, their agent, or other persons having an interest in said property
pursuant to .the provisions of Chapter 90 of the Southold Town Code; and
WHEREAS, said notice required the owner of said premises within ten days
from the date of service of the notice to demolish the above described
building and remove all debris, and the work shall be completed within
thirty (30) days thereafter; and
WHEREAS, the owner of said premises has neglected to refuse to comply
with the provisions of said notice within the time specified therein; and
WHEREAS, a public hearing on this matter was held by this Board on the
19th day of September, 1995, recessed, and reconvened on the 3rd day
of October, 1995;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS
FOLLOWS:
1 . That based upon the written report prepared by the Building
Inspector and filed in his office, and "upon . evidence given by the Building
Inspector at the hearing held on September 19, - 1995 and October 3, 1995,
this Board does hereby determine that the building or structure located on
said premises is unsafe or dangerous to the public.
2. That the owner shall demolish the above described building and
remove all the debris within thirty .(30) days of this date, October 3, 1995.
3. That in the event that the owner shall neglect or refuse to take
down and remove the structure from. said premises within the time specified
in the preceeding paragraph, then and in that event the Town Clerk shall
advertise for bids for the removal of the building or structure on said
premises and submit the same to this Board for its consideration as soon
thereafter as possible.
4. That thereafter the Board shall, based upon such bids, provide for
the letting of a contract-.for .the taking down and removal of the building or
structure on said premises.
5. That the cost and expenses of the taking down and removal of the
building or structure on said premises shall be collected by the Town of
Southold in the manner provided for in Section 90-4 of the Code of the Town
of Southold.
6. It is further ordered that a certified copy of this resolution be
sent by the Town Clerk to the owner of said premises by certified mail,
return receipt requested, within three (3) days of the date hereof.
15.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
404 OCTOBER 3, 1995
16.-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 bids for the
demolition of the Thelma York Aanestad unsafe building located at 2605
Orchard Street, Orient, N.Y.
16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17 .- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Cutchogue- Fire Department to use Depot Lane and New Suffolk
Road for their Halloween Parade to be held at 6:00 P.M., Tuesday, October
31, 1995, provided they. file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
additional insured.
17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the General Fund Whole Town, Police
Department 1995 Budget to provide additional funds for the purchase of tires:
To:
A3120.4.100.500 Motor Vehicle Tires $ 2,931 .84
From:
A3120.2.300.100 Motor Vehicle $ 2,931 .94
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 Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to -the General - Fund Whole Town 1995
Budget to cover the 1996 , maintenance agreement for the Blood Pressure
Machine:
To:
A.4010.4.400.7000 Public Health - $ 300.00
Blood Pressure Machine
From:
A.9901 .9.000.00 Transfer from ,.Other Funds $ 300.00
19.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.- Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Public Safety Dispatcher III John ,Raynor, Public Safety
Dispatcher I Claude Kumjian, and Public Safety Dispatcher I James
Fogarty to attend a National Communication Institute Emergency Medical
Dispatchers training coursed on:.,. October 30, & 31, November 1 & 2, 1995, at
East Hampton, N.Y., and the total tuition of $550.00 for the three
individuals and the use of a Town vehicle for travel shall be a legal charge
to the 1995 Budget.
20 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
OCTOf3ER 3, 1995 405
21 .- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
reappoints the following individuals to the Southold Town Substance Abuse
Committee, effective October .24, 1995 through October 24, 1996, they to
serve on said committee without compensation:
Rory W. Simpson, Chairperson
Jean W. Cochran, Past Chairperson
Cynthia Kumelos, Family Service League
Kathleen McKeighan-Simpson, National Clearing House
Elizabeth MacNish, Quannacut
Beth Dzenkowski, DARE, JAB
21 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
22.- Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town Office for Women 1995 Budget to provide the
necessary funds for the installation of a telephone at the Human Resource
Center:
To:
A.6142.4.200.100 Office for Women $ 350.00
From
A.6142.4.400.100 Office for Women $ 350.00
Workshops, Support Services
22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
23.- Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby agrees to
accept the land owned by "The Commoners" for a purchase price of One
Dollar, and authorizes the Town Attorney to make the necessary
arrangements for acquisition of the land.
SUPERVISOR' WICKHAM: The Commoners are a group of people, who's
antecedents go back to Colonial Days, 'who owned land in common in the
Town at that time. That land was used for the common good of people in the
Colonial period. It meant that people, for example, who weren't farmers who
were teachers, or preachers, or business people, who didn't have farming
properties could grow crops on this land, and use it to feed their families.
It was all part of the common establishment of that time, and it provided a
where with all for people, and some of the people with lower incomes, during
that Colonial and early American period. Those common holdings held by the
commoners at that period have been •handed down from one family, one
generation to another, through the years, and at one stage were a very.
substantial part of the holdings of Southold Town. They were some of the
choicest agricultural land. Over a period of years most of that land has
been sold. It's been acquired by other people. Until today the only
remaining portions of the land are essentially wetlands, much of it in
Peconic. I think it's about twenty some acres off Indian Neck, and there are
several other smaller- islands of wetlands. The more important, and more
valuable lands have been sold off, and I don't think it serves a productive
purpose anymore. The remaining people who are still the Commoners, and
who still hold annual meetings, and still who decide what to do with this
property, and how it would be used. Back before World War II salt hay was
taken from some of these wetlands. Now, even that ceases to have
commercial value. So, the current Commoners have asked the Town, would
you be prepared to accept this land, so that we don't have to continue to
pay taxes, and to pay for insurance of these pieces of property? They've
asked that the Town erect a small plaque on the one large twenty-five acre
wetland, that commemorates the role that the Commoners have played in the
Town of Southold. So, the Town by this resolution has agreed to essentially
pay a dollar to acquire these properties, which have had a historic purpose
in the Town of Southold, and to commemorate them with that plaque.
406 OCTOBER 3, 1995
23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
24.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham,
WHEREAS, there has been . presented to the Town Board of th4 Town of
Southold, on the 3rd day of October, 1995, a Local Law entitled, "A Local
Law in Relation to Landfill Permit Fees by Resolution"; now, therefore, be it -
RESOLVED that the Town Board hereby sets 8:00 . P.M. , Tuesday, October
17, 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 Landfill Permit Fees by Resolution
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 48-4A is hereby arnended as follows:'
A. The fees for the issuance of permits and/or licenses for vehicles
transporting refuse into any refuse disposal area maintained by
the Town of Southold shall be in the amounts prescribed by the
Town Board by resolution and as amended from time to time.
Permits shall be issued as follows:
2. Section 48-4A(1) is hereby amended as follows:
(1)(d) The-fee-fQr-�e iGsaaRse-s1 a-Fes ideaNaadf4-peFm4-sbalfke
suss#e 11-be-prescr4be4-4y-a4ese1at+era-ef the-Seu*,eld
T-GWR-Beam
3. Section 48-4A(2) is hereby amended as follows:
(2)(c) The-€ee#ar-the-+ssaaRee-efa-guest-4essee-laR4€if4-peFmi-s#;a4
be-�u�-f�e�s-s4�a11--43e-press:ibed�y�-a-resel�rtien-eftk�e
96Uthe4d Te, Garr
4. Section 48-4A(3) is hereby amended as follows:
(3)(c) Tie-fee-feFt4�e-issuance-ef-a-guest-4andfP4eFmit-s44ak4-be-sus;
fee as be p�ssribed-by-a-resa4i�#ea-ef- e�eet4�e4d-Tewa
Beams _
5. Section 48-4A(4) through (13) is hereby deleted in its entirety:
(4) P-e�lead-fee-eftwe-de4lars-( 22 -far-each-nensemmefsla4
vekris4e-efless-than-en e-teEa-ea parity-wkri�essess-fle-perfalt-
( Per--lead-fee-efthirty-4ellars--($89-)-fer each-single-axle-tF-ue4F
which-dees�et-pesses& i-peFmit.
(6a) Aanua4-fee-efsixty deliaFs-k$69-)-fer--eaeh-semmerriaP-vehie4e
#aRsperURg-4i9uid�eptie-waste;tegetber-with--aa-add'+t+eaal-fee
ofthr-ee-seRts- 0-94}4er-eaGh-gatIeR-ef4iguid-waste
disshar-ged-
(-� Ar�at�a4-#ee-ef-sixty-delJars-($t39:�-feFeae4�-semmere+a4
eeRtfaGWe-r, vehie4e-ef4ess4han-eRe-tera-M-aAmum-greys
vehiele-weight-
(9) ARR61a4-fee-efsixty-4ellar-s- rag-)-fer-eaeh-faF -vehie4e-efeRe-
ten-er-mere-eapaeity-tr-ansperting-agF+sultural-waste.
OCTOBEF, 3, 199%5 4 07
(�} per lea4fee-ef six"eOar-s-46044,er-eaeh-deeble-axle-4fesk
which-deer-RGt-p9s6ess-a peFmit-
(49) ARRaal-fee�f-tan+e�i4Rdre44weefy-dettar- ,� .-}-feF-each
siRQle-a�le�el�isie-traRs�e�tiRQ-�e{ad-waste-Egar-baQe}- ,
ARReaI-fee-ef4we�aeR4F-ed-twenty-de4ar-s-($229-)-fer-each
serf me4a4-seatraete�ehi6le-ef-raeF-e-than-eRe-teR Gapae+ty.
ARR+�aI-fae-ef e+ heRdFed-dellars {�699-}fe�eaeh de�b4e-axle
andler--GGmpaGterty-pe-vehiele-tfaRsper-ting-sel id-waste
43) ARRdal-fee Gf six-hundFed-de4ar-s4699+fGr eaeh-G49MMeFGia1
GGF*aster's-4eeble-ax4e-and/er-trastsrtra ii er--Gern-b i Ratie F-ef
mGre-thaFi-eRe-teRGapasFfy-
6. Section 48-417 is hereby deleted in its entirety:
1= AmeRdMeRt-ef fees-Aletvv+thstandiRg-aRjr-ef th"f:Gvi&i Rs-hereet�
the-TewR-Beard-may;-by-reselu ieR,-shaRge7mGdify-er-repeal-any
44he-fees-set-feFth-i" 48.4-heFeef-
II . This Local Law shall take effect upon filing with the Secretary of State.
* Undeline represents additions.
** Understrike represents deletions.
211.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: We have several more resolutions,_ but it's five
o'clock, and that's the time of our first pubic hearing.
Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Meeting reconvened at 5:10 P.M.
SUPERVISOR WICKHAM: We'll go back to the resolutions, that are on our
agenda starting with number 25.
25.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to execute an agreement
between the Town of Southold and Linda Knoernschild for the Fall 1995
Recreation Program - Teen Nights, at $16.00 per hour, all in accordance
with the approval of Town Attorney Dowd.
25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4 0 OCTOBER 3, 1995
26 .- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Data Control Supervisor Jeanne Ruland and Senior Accountant
John Cushman to attend IBM's Next Generation Client/Server Seminar, to
be held on Wednesday, October 11, 1995, from 9:00 A.M. to 12:00 P.M. , at
the Huntington Hilton, Huntington; N.Y., and the necessary expenses for
meals and use' of a Town vehicle shall be a legal charge to the 1995 Central
Data Processing Budget.
26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
27 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 18, adopted on September 19, 1995, authorizing attendance at
a conference in Connecticut, to read as follows: RESOLVED that the Town
Board of the Town of Southold hereby grants permission to Councilwoman
Ruth D. Oliva, Senior Planner Valerie Scopaz, "and Transportation
Committee Chairperson Neboysha Brasich to attend American Planning
Association's 1995 Northeast Region Conference, "What Works for New
England - The Dynamics of Change in Our Region", on October 15, 16, and
17, 1995, at Foxwoods Resort Hotel, Ledyard, Connecticut, and the
actual expenses for meals, lodging, registration and transportation shall
be a legal charge to the 1995 Budget.
27 . - Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
28.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to execute an agreement
between the County of Suffolk, Department of Public Works and the Town of
Southold for the installation of traffic control devices at County Route 48,
Middle Road and Horton Lane, Southold, all in accordance with the approval
of the Town Attorney.
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Joe, did you want to add anything at this stage?
COUNCILMAN TOWNSEND: Actually, discussions on this, from time to time
this particular item has been approached, and there's always some hesitancy
because of the issue that Mr. Winters brought up that they're concerned
about, you know, what could happen to Route 48, if- it became a series of
stop lights like the Sunrise Highway. Everybody is familiar with that kind
of thing. We have a large body of fast moving traffic, and areas of slow
moving traffic moving through it. Clearly in this instance, it's been shown
without a doubt that a light is necessary, or some other form of traffic
rerouting, which doesn't appear to be possible. So, what we had discussed
was perhaps looking at this intersgction, and other intersections, and
seeing if there isn't something we can do. that emulate that process, and
make it possible not to have lights up and down Route 48. 1 hope to do that
in the future, because it's certainly nice to have an express route, but as
we discussed there have been too many instances at this spot, and public
safety is served by a light in' that area. That's all I have to say.
OCTORER 3, 1995 `t -O J
29.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Charles Voorhis E Associates, Inc. , at a fee not to exceed
$1,000.00, to provide professional environmental planning services with
regard to the Town property at 4995 Main Road, Laurel,
SCTM#1000-125-1-12, under consideration for the location of a YMCA
recreation facility on a 2-3 acre portion of the 11 .5 acre parcel of land;
services to be provided are in accordance with the September 28, 1995
proposal for Environmental Planning Services by Charles Voorhis &
Associates, Inc.
.29..-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
30.-Moved by. Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Jonathan Rosner as Special Counsel to the Town to defend
the Town in the matter of The Village of Greenport and Mayor David E.
Kapell, Individually and on Behalf of Greenport vs. The Town of
Southold, the Members of the Town Board of the Town of Southold, The
Southold Town Police Department, Stanley Droskoski, as Chief of the
Southold Town Police Department, the Southold Town Police Benevolent
Association and James A. Ginas, as President of the Southold Town Police
Benevolent Association.
30.-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 have a brief statement I'd like to read on this,
that I've discussed with the Board. It's really a statement of the Board,
not just of me. The Town of Southold was served with the papers that were
set in motion when David Kapell led the Greenport Village Board in
alleging that Southold is not providing adequate police protection with the
Village. On behalf of the Town,. I categorically reject the allegation. We
have provided an effective police presence in Greenport equal to or stronger
that that throughout the Town and we will continue to. We will fight this
action and we will win it. The example of other villages in New York State
that have turned over police duties to .towns is relevant. Many of them
have felt exposed once they no longer controlled their own force. Some have
contracted with the town for the level 'of police service they want. I am not
surprised with the expressions of concern, despite the fact that for almost
one year Greenport officials and residents have praised the police
protection the Town has provided in the Village. This legal action,
instituted by Greenport, is the result of a hasty decision by David Kapell
and the Village Board. It could easily have been avoided. David Kapell
made no serious effort to meet with us to discuss the issue before
committing to sue the Town. This action of David Kapell and his board
will cost the taxpayers of both Greenport Village and Southold Town
substantial amounts of money. It will not strengthen police protection. It
will impede the communication between the Village and the Town on this and
other matters of mutual importance that I have attempted to sustain. It is
an unwarranted, costly mistake brought about by a precipitous action.
SUPERVISOR WICKHAM: Number 31 is a resolution to take up the matter of
the flea markets, that we had a public hearing for, but in view of the
comments by the Planning Department I'm not sure I'm prepared to move
ahead with that. Does any Board member want to comment on this?
COUNCILMAN TOWNSEND: Basically what I read was that they were in
favor of more further study. Apparently, there was concern that we need a
definition of one. Right now we don't have a definition of one, (tape
change.) Since we have a difference of opinion we should discuss it.
4 .1 .0 OCTOBER 3, 1995
COUNCILWOMAN HUSSIE: This is not unlike the farm stand issue. You
know, we want a definition thereto. We're just looking for a definition at
this time.
COUNCILMAN TOWNSEND: In my opinion it is different.
JUSTICE EVANS: Let's hold it, and discuss it at the ,next meeting.
SUPERVISOR WICKHAM: Let's hold this number 31 .
32.- Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 5th day of September, 1995, a Local Law entitled, "A
Local Law in" Relation to Architectural Review Committee"; and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for recommendations
and reports; and
WHEREAS, the Town Board held a public hearing on this Local Law on the
3rd day of October, 1995, at which time all interested persons were given
an opportunity to be heard thereon; now, therefore be it
RESOLVED that the Town Board hereby enacts Local Law No. 20 - 1995,
"A Local Law in Relation to Architectural Review Committee", which reads as
follows:
LOCAL LAW NO. 20 - 1995
A Local Law in Relation to Architectural Review Committee
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 100-258A is hereby amended by adding the following:
A. The Architectural Review Committee shall consist of five
members appointed by the Town Board to serve at the
pleasure of the Board without compensation. If possible, the
members of the Committee shall be appointed from the
following categories: two members shall be architects or
landscape ,architects, on member shall be from the Landmark
Preservation Commission, and two ten members shall be
appointed from residents of each of the hamlets of the town.
The hamlet member shall vary and shall sit only on the site
plans which are proposed 'in their hamlet. The hamlet
members shall be from the following areas: two from Fishers
Island, two from Orient/East Marion/Greenport, two from
Southold/Peconic, two from New Suffolk/Cutchogue, two from
Mattituck/Laurel.
Il . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
32 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Supervisor Wickham. No: ' Councilwoman Hussie,
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: ' That completes the resolutions that are on our
agenda this afternoon. Now, is an opportunity for members of the audience
to address the Board on any matter that's on their mind. Please keep your
comments to a brief short time, so that everyone will have an opportunity to
speak. Our guidelines call for a maximum of five minutes per person. Would
anyone like to address the Board?
CERARD GORHAM: Gerard Gorham, Southold. Are we going to have a
referendum on the YMCA?
OCTOBER 7, 3919- 411
SUPERVISOR WICKHAM: The question is, are we going to have a
referendum on the YMCA? I haven't heard any initiative on the Town Board
to put that machinery in motion. It's too late, now, to have a referendum in
this November's election in any event. Further, the Town Board has already
by resolution offered a portion of a piece of property to the YMCA for a
facility in that area contingent on their raising funds for it. Would anyone
else like to address the Board?
VIOLA CROSS: I'm Viola Cross from the First Baptist Church in
Cutchogue. On behalf of our pastor Reverend Fulford, who could not be
here today, and the members of the First Baptist Church of Cutchogue, I
am speaking for the membership. I would like to address the issue in the
Suffolk Life, that stated, it was by one of the Councilmen, I have to wonder
if the church is being used by the Republicans, as a political tool against
the YMCA. It also went on to say, I hope the church doesn't get caught in
a political battle. We want it to be known, Mr. Councilman, and anyone else,
that believe that statement, no political party, Republican or otherwise,
will ever have any influence over the First Baptist Church of Cutchogue.
The only person that will ever will have any power, or influence, over our
church will be Cod in the person of the Holy Spirit. We don't have to get
involved in politics. We have Cod, and we will keep the faith. Reverend
Fulford also will address this at a later time.
COUNCILMAN TOWNSEND: . I'm sorry. I'd like to take this moment to
apologize for that statement. I think, you know, sometimes in the heat of
campaigns, and these times of year, when you're involved in a series of hot
issues, you tend to say things you probably shouldn't say, and believe
things that maybe aren't true. As that issue came up, and I think the
writer here, he asked me if I thought that was a question, that was a
possibility? I don't think I volunteered information, and I think he'll
confirm that. When you came in, your attorney, who I consider a friend,
but also a former official of the Republican Party, I think I framed it in
that context. Well, I guess it's not outside the possibility, because the
attorney that represented them, as an official of the Republic Club, or was.
That was out of line, and I shouldn't have said it publicly, and I don't
have any reason to believe .that you're not telling the truth, so, if you'll
accept my apology, as I offered, I'd be very grateful.
SUPERVISOR WICKHAM: Would anyone else like to address the Board this
afternoon? Yes, sir?
RICHARD WINTERS: Richard Winters, again, Horton's Lane, Southold. I
want to thank the Board, and Supervisor Wickham, for supporting the
resolution regarding the light at .Route 48, and Horton's Lane, and I would
like to express my support of the Board's position on the matter of the
lawsuit with the Village of Creenport, David Kapell, etc. Your comments
were well put, and certainly have my support.
SUPERVISOR WICKHAM: Anyone else like to address the Board this
afternoon?
RON YEDLOUTSCHNIC: Ron Yedloutschnig from Southold. The last
several Board meetings we've had discussion on the TDR Program, and at
the last Work Session you had quite a lengthy discussion on it, on
proposals, and what can be done for the Southold TDR Program. I was
wondering, is there anything new, or anything going on with that now?
SUPERVISOR WICKHAM:. At the last session of the Town Board, two weeks
ago, we felt that there were serious problems that needed to be addressed.
They were brought out by the majority report, and the minority report. We
thought that perhaps they could be encapsulated in about half a dozen
issues. There are roughly half a dozen issues, that were contentious, that
hadn't been resolved. We asked to frame the debate among those five or six
issues, and have statements in writing, that reflected both sides of those
five or six issues. Town Board members were going to contribute their views
to it, and it was my understanding that our Senior Planner was going to
4 .12 OCTOBER 3, 1995
collate this information, and present a brief, not a lengthy treatise, but
just a very brief paper, outlining in just .a few paragraphs the pros and
cons on each of the five or six issues, that seem to be at the heart of the
controversy on this TDR. When we get that information I expect the Board
will take it up, we'll have further discussion, but this time we'll have
more focus to our discussion with these papers in front of us. Maybe Joe
would like to add to that, or any Board member.
COUNCILMAN TOWNSEND: I think we also discussed that the Board
members would look at it individually,. and also come up with possibilities,
you know for the next meeting.
RON YEDLOUTSCHNIG: You'll have a special working session?
SUPERVISOR WICKHAM: It will probably be during the planning and zoning
section of a Work Session at a subsequent Town Board meeting, perhaps the
next Town Board meeting, which will be two weeks from today.
RON YEDLOUTSCHNIG: Okay. The list, Mr. Townsend, that you had
supposedly written on the back of something, a list of participants that may
review the TDR Program, has that been updated? Has there been anything
done with that?
COUNCILMAN TOWNSEND: We're not at that stage right now. We're still
trying to figure out what is going to go out. But, as I say, I've got a few
names. I think yours is on there, as several of the people that have been
here, as well as some other property owners associations.
SUPERVISOR WICKHAM: Anyone else like to address the Board?
JIM HICKEY: Jim Hickey, Mattituck. Something was brought to my
attention, so I took a drive yesterday to Smithtown. It appears the
residents over there, that have the YMCA, would love to see it disappear.
The building is about the size of this room, on about a third of an acre,
with a pool comparable to one that you put in the backyard in Levittown,
small basketball court separating the parking lot by a four foot chain link
fence. Have you been there?
SUPERVISOR WICKHAM: Not the one in Smithtown.
JIM HICKEY Two garbage dumpster, litter all over, along the fence,
looks like they finally invested in a gallon of paint. It's been there quite
awhile. All these fund drives, etc., etc. , where does all that money go?
It's not going into that building.. I think you've been hoodwinked by Mr.
Fritz Trinklein. He's nothing but a high pressure salesman for the YMCA.
That's all I'm going to say about that. What are you going to do about that
piece of property with the First Baptist? Have you thought about it? I mean
if the YMCA property is worth $800.00 an acre, what would that little
quarter acre be? Why did you tell them it was full assessed valuation in the
current market? Does Fritz get a bonus? I've been around awhile, and it's
come to my attention, it's very obvious between World War I and the Fifties
you had deplorable migrant worker labor camps out here. Some of those
people built a nice little community. There is thousand of open acres out
here, and in the late thirties the Town decided they'd rip a few of those
homes down in that community, and stick a dump in with a fence around it,
and you're hesitating to give those people that property? You gave them
contaminated water, odors, rats, every other thing. That's all I have to say.
SUPERVISOR WICKHAM: Laury, did you do anymore research on the
easements, and the appraisals, and all of that?
TOWN ATTORNEY DOWD: Yes, I gave some figures to Mr. Caminiti, the
church's attorney, and he said he would get -back to his clients, and discuss
it with them, and tell us what was acceptable to them,' but he thought the
numbers that 1 was discussing sounded good.
SUPERVISOR WICKHAM: Anyone else like to address the Board this
afternoon?
OCTOB%R 3, 1995
413
JEAN YEDLOUTSCHNIG: My name is Jean Yedloutschig. I live in
Southold, and I'm not going to talk about TDRs today, but, Mr. Wickham,
do want to address you about one fact. I take offense, as a Southold
taxpayer, when Mayor Kapell comes to our Southold Town meetings, and
stands up at this podium for forty-five minutes, banging on here, I demand
that the Town Board make this decision before the night is over. Now, he is
no different than I am. I'm allowed five minutes to talk when I get up. I
know you're very lenient, and some people go over it, and some people don't
talk five minutes, but I resent the fact that you let him, as the
Supervisor, come in and dominate our Southold Town meetings, because
dare say, I would be very embarrassed if I thought the Supervisor of
Southold Town went to Greenport, and did that same thing.
SUPERVISOR WICKHAM: I have to say, I agree with you, and I would not
let it happen again.
JEAN YEDLOUTSCHNIG: And from what I've been told you don't have an
opportunity to speak at his meetings. Thank you very much.
COUNCILMAN TOWNSEND: Tom, I'd like to address that. Quite frequently
we've had people speak, rarely does Tom call people short. I mean, there
are people who speak here time and time, again, and I don't think that,
especially given the . fact that Mayor Kapell represents a large group of
people; that we'd be likely cut short, as long as he's keeping to the point.
That's true of any representative. I'm not defending what' he is saying. I'm
just saying that, that is courtesy to a representative of a large
constituency in this town.
SUPERVISOR WICKHAM: I have to say, 'this is one of the more frustrating
aspects of chairing a meeting, is the question of people who speak for a
long time, and it's a constant problem for me to deal with that. I think it
would be wise, and I'm attempting the apply the rules to everybody.
Anybody else like to address the Board? Mr. Arnoff, our former Town
Attorney?
HARVEY ARNOFF: I just have a quick question. Why did the Town seek to
go to outside counsel on the Greenport lawsuit, rather than handle it
in-house?
SUPERVISOR WICKHAM: We talked about that, Harvey, at some length, and
there were two or three reasons. It isn't because we don't have the
capability within house.
HARVEY ARNOFF: It's certainly more costly.
SUPERVISOR WICKHAM: Yes, it is. It's primarily because our plate is pretty
full with an enormous amount of work, and this would absorb almost full-time
our Town Attorney's attentions for a two week period. This is a busy two
weeks. That's just the beginning,' and then considerably more after that. We
just didn't feel that, that was a prudent use of her resources.
HARVEY ARNOFF: I didn't hear the hourly rate it's being contracted for in
the resolution. I'm curious as to what that is.
SUPERVISOR WICKHAM: The hourly rate depends, as you know, on the
level of who the different people are in the firm. The highest one for the
senior partner is over $200.00 an hour, but the people who will primarily be
working on this are in the $100 to $150, some of them $115 per rate.
HARVEY ARNOFF: Thank you.
COUNCILMAN TOWNSEND: Our legal budget this year has been
dramatically reduced from the prior year. I would like to point that out.
Even though we have gone to outside counsel on certain things, or actually
the budget for us for a couple of years has been stable. So, we're doing
pretty well on that area. Of course, recently we had some litigation that
made that go up some.
SUPERVISOR WICKHAM: Would anyone else like to address the Board this
afternoon? (No response. ) If not, I'll turn to the Board members, whether
anyone on the Board would like to make some comments.
4 1 OCTOBER 3, 1995
COUNCILWOMAN HUSSIE: We're into budget time, and this morning the
Supervisor presented his election year budget calling for a zero percent tax
increase. When we were working on the '95 budget, the one for this year,
the increase was first 120, and then it was lowered to 80. 1 asked for
reductions of almost $800,000 in various lines of the '95 budget. The
Supervisor's response was that, that was impossible, and indeed he was
working with an insurmountable shortfall from the ' previous administration,
and we - need the 8o increase. This year I .find that there is an
unappropriated fund balance of $2,000,000. How can this be? I looked into
it, and found that while working with the '95 budget there was actually
$1,300,000 available from the so called insurmountable shortfall. The
Supervisor used $600,000 of that in '95 budgets, saving more than $600,000
for this year. In addition, over-budgeting for ;'95 leaves an estimated
balance of another 1 .1 million. So, there's almost $2,000,000 to be applied
to the '96 budget. Of course, there's no increase. You paid in '95, so the
Supervisor could say, there will be no tax increase in this election year.
SUPERVISOR WICKHAM: I'd just like to comment that the Town Board is
about to get deeply involved in the budget process. I'm not going to sit.
here today, and make political comments about the budget like you just
heard. All I can say is, I was not anxious to see the 8% increase in taxes
we had last year. I certainly did not pad the budget, as. she is suggesting
last year, so we'd have a surplus this year, and I asked the Board, and I
think the Board accepted the discipline of handling 500 of the appropriated
surplus from one year to the next, so that we don't get into this business
of playing politics with the surplus. We are not playing politics. It is an
objective budget. There has been no padding of the budget, as she
suggested. Nevertheless, I look forward to engaging with Alice, and the
rest of the Board, as we go forward to making 4, responsible budget for
1996. Anyone else on the Board like to make any cmments? (No response. )
If not, I guess we're home to dinner.
Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at
5:35 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.
i
Judith T. Terry
Southold Town Clerk