HomeMy WebLinkAboutTB-08/23/1994 2- 8
SOUTHOLD TOWN BOARD
AUGUST 23, 1994
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 P. Dowd.
9:10 A.M. - Harry Davitian, Electric Power Services and Entek Research, and John
O'Brien, Wheeled Electric.. Power Company, along with interested observer Jerry
Warwyk, met with the Town Board to discuss 'a proposal for a feasibility study to
establish a municipal electric utility in Southold Town.' Entek Research has been
awarded the bid for conducting a similar study for the Town of Southampton. Mr.
Davitian explained :-the ..lengthy. legal..procedure required to accomplish acquisition -of Lilco's
assets in Southold Town. At the conclusion of the presentation and questions from the
Town Board, Supervisor Wickham advised that he has b§ked Southampton Supervisor
Thiele to hold off engaging the services of Entek until there has been an opportunity
to find out if some of the other East End towns have an interest in being included in
the feasibility study. This will be explored at a meeting on August 24th with the East
End Supervisors and Mayors. Association.
10:00 A.M. - Janet Gohorel, President, and Neb Brasich, Director of The Brecknock
Hall Society, Inc., met with the Town Board to enlist : their' support for the ultimate
acquisition of the 145± acres of property, the seat of one hundred and thirty-seven
years of history, tradition, and culture in Southold Town., Al draft report by the Long
Island Sound Coastal Management Program recommends ,'the ! public acquisition of the
property, and 'that it be made accessible to the public. The Brecknock Hall Society
is actively pursuing support and funding on all levels - State, County, Town, and
private sector - to bring about acquisition. The Town Board placed resolution no. 15
on the agenda. endorsing the Society's plan.
10:15 A.M. - Solid Waste Issues: Solid Waste Coordinator' James Bunchuck met with
the Town Board to discuss the numerous requests from public and private entities to
dispose of garbage/brush/etc. at the Disposal Area at no cost. Mr. Bunchuck, who
was asked by Supervisor Wickham to develop criteria said he finds that task almost
impossible. He was asked to try to come up with; criteria based upon public
interest/good of the Town/Town owned property.----Councilwoman Oliva presented a
proposal for Engineering Services from Cameron Engineering, Inc. to review shop
drawings and design the site improvements to enable the town to procure bids for site
improvements at the Scavenger Waste Plant to accept the new
above grade gravel trap
(see resolution no. 16) .----Fagan Engineering has advised. that Town Board that it is
absolutely essential that the bid documents for the Fishers Island Metal Dump project
clearly indicate how the bid will be awarded. The Town 'Attorney will draw up. a
proposal for the Board's consideration.
11 :05 A.M. - Planning and,. Zoning Issues: Town Board discussed a proposed "Local
Law in Relation to Sign-0. A review of the law revealed several - changes to be made,
which will be accomplished and it will be put back on. the agenda for discussion on
September. 6th.----A proposed "Local Law in Relation to Lighting" was reviewed briefly,
but some Board members_ had not had ample time to study it, and it will also be put
back on the September 6th agenda for further discussion.----Supervisor Wickham
reviewed his notes from a recent Town Board work session on TDR's (Transfer of
Development Rights), and all agreed that the next step should be a ' seminar on the
subject w.ith key people in .attendance who have done extensive research, or have direct
experience in the TDR field. A TDR information packet will be supplied by Senior
Planner Valerie Scopaz.----Town Board - reviewed Bed and Breakfast Facilities proposal,
covering the. current provisions in the Code, recommendations of the Stewardship Task
Force, and the requirements for minors and majors as outlined in the most recent draft
of a proposed local law. Town Attorney will provide a neww draft for the September
6th work session.
12.:45 P.M. - Recess for lunch.
AUGUST 23, 1994 29
1 :45 P.M. - Work Session reconvened and the Board discussed Personnel Issues:
Appointments to the Youth Support Committee was held for Executive Session, but the
purpose of the committee was outlined by Councilman Townsend: He would like to
create a mirrored Youth Committee; formulate a budget; provide a. scholarship program
for activities; survey public facilities; develop new youth activities; channel funding
to the program.----Appointment of a part-time Account Clerk was put on hold for
September 6th.----The Town Board agreed to recommend to Suffolk County. Legislator
Gregory Blass the name ' of Paul Stoutenburgh for appointment to the Suffolk .County
Legislative Council on Environmental Quality (resolution no. 17) .----Set 2:30 P.M. ,
Tuesday, August 30th for interviews for School Crossing Guards. -
2:10 P.M. - Policy and Finance Issues: Proposed Ethics. Code Annual Statement of
Financial Disclosure was discussed. Councilwoman Hussie and Councilman Lizewski
object strenuously to the magnitude - of the disclosure requirements. Supervisor
Wickham had prepared a memorandum providing recommended options to various
provisions of the disclosure. It was agreed he would work on the text along with
Councilwoman Hussie who would prepared a revised form.
2:35 P.M. - Michael LoGrande, Executive Director of. the Suffolk County Water
Authority, met with the Board to outline the Authority's current water service project
along the Main Road in Mattituck, from the railroad overpass into the business district.
3:20 P.M. - Policy and . Finance . Issues continued: Proposal to amend the Town's
Procurement Policy. Before adopting, a copy will be sent to Superintendent of
Highways Jacobs for his comments.----Proposed "Local Law in Relation to Scallops" was
placed on the agenda .for a public hearing (see resolutions 1.8 and 19) .----Discussed
Town' Board meeting enhancements. It was agreed Supervisor Wickham would recap the
work session for the public's enlightenment, with additional comments from those Town
Board members who wish to contribute.
3:45 P.M. - Other Business: Town Clerk Terry reported that after two attempts she
has been unsuccessful in obtaining b.ids for the surplus IBM copy machine. The Board
authorized Mrs. Terry to devise a method of disposing of the machine at no cost to the
Town. Supervisor Wickham . informed the Board that there is a second IBM copy
machine at the Recreation Center that is costing in excess of $240.00 per month. He
would like to take the machine off of the maintenance agreement, and hope it lasts until
the first of the year when the Accounting and Finance Department will acquire a new
machine, and at that, time their machine will go to the Rec Center. The Board agreed.
(Resolution no. 20 was placed on the agenda to dispose of the surplus machine in Town
Hall.)----Letter from The League of Women Voters Riverhead-Southold inviting the Town
Board to a meeting on September 28th at which time they will be asked to inform the
community about the Town's policies and programs for persons who. require assistance.
Supervisor Wickham will ask Venetia McKeighan, Director of Human' Services, to prepare
a response to -questions put forth in the letter concerning Southold Town support
services.----James Heffron, Chairman of the Town's Committee on Local Taxes, and
Sheila Gagan, summer intern who has been assisting that committee, met with the Board
'to update them on the progress being made by the committee.----Eric Mealy, summer
intern, who has been working in the Planning Board office brought the Board up to
date on duties he -performed. Supervisor Wickham reported on the tasks accomplished
by William Coster, summer intern at the Disposal Area.----Lastly, the board reviewed
the report from David Grubman, summer intern, who- spent his summer coordinating
and documenting the business study.----Memorandum from the Town Attorney with
regard to the contract with BromptonSer.vice Corp.to do electrical work for the energy
renovations at Town Hall. Since accepting Brompton'.s bid it has come to- the Town
Attorney's .attention that they do not have the proper electrical -contractor permits.
Town Attorney Dowd recommended that the •boa rd keep the Brompton bid bond to .
compensate for damages, and award the contract to the next lowest bidder, Avey
Electric (see resolutions 21, 22, 23) .----Supervisor Wickham presented his proposal -to
put together one large support office for the Planning Board, Board of Appeals,
Building Department, Trustees. Under this concept it would not � be necessary for the
public to go' from office to office to obtain information/applications/permits.
5:05 P.M. - Town Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
30 AUGUST 23, 1994 ,
EXECUTIVE SESSION
5:20 P.M. - On motion of Justice Evans, seconded by Councilwoman Hussie, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes:
Supervisor Wickham, Councilman Lizewski, Councilwoman ' Hussie, Councilman Townsend,
Councilwoman Oliva, Justice Evans. Also present: Town' Clerk Terry, Town Attorney
Dowd.----The Board discussed the proposal by the Village 6f Greenport for the Town
to provide police protection to the Village; the amendment of the contract between the
Town and Yaccarino 6 Competiello, Labor Management Consultants, for an amendment
thereto deleting Mr. Yaccarino -(resolution no: . 24) 1proposed contract from Mr.
Competiello, under the name of Labor Management As',
s'ociates, for 1995, 1996, 1997'
to be discussed during the 1995 Budget review process; appointments to the Youth
Support Committee (resolution no. 25) ; report on Land'fi,ll litigation - Special Counsel
Frank Isler will met with the Board in Executive Session' on September 6th.
6:05 P.M. - Work Session adjourned.
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REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August
23, •1994 ,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
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SUPERVISOR WICKHAM: This evening's meeting is a fairly straight
forward meeting. You can see on the agenda we, have a series of
preliminary approvals to undertake, some reports'! several public hearings.
Would someone to begin with the approval of the audit?
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that' the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $74,230.50; ! General Fund Part
Town bills in the amount of $56,147.91; Nutrition', Fund bills in the amount
of $4,495.31; SNAP ' Program bills in the amount ' of $3,005.56; EISEP
Program bills in the amount of $353.00; Community Development Fund bills
in the amount of $2,200.00; Highway Fund Whole `Town' bills in the amount
of $12,179.89; Highway Fund Part Town bills in the amount of $41,406.11;
Lighting/Heating . Capital A/C bills in the amount' of $6,834.09; Employee
Health Benefit Plan bills in the amount of $111142.4'8; ' Fishers Island Ferry
District bills in the amount of $441,767.39; Refuse and Garbage District
bills in the amount of $23,227.11; Southold 'Wastewater District bills in
the amount of $17,008.33; Fishers Island Sewer 61st'rict bills in the amount
of $98.87; Southold Agency and Trust bills in ;the amount of $5,465.89;
Fishers Island Ferry District Agency & Trust bills; in the amount of $944.55.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, - Councilwoman Hussie,'' ' Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
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AUGUST 23, 1994 31
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Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the minutes of the August 3, 1994, Fishers Island Town
Board meeting be and here 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 Hussie, it was
RESOLVED that the minutes of the August 9, 1994, Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the next meeting of the Southold Town Board will be at
4:30 P.M., Tuesday, September 6, 1994,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: On the agenda we have a number of reports, that
have been received by the Board, several public notices. Although the
agenda shows no communications, in fact there's been quite a lot of them,
but none have been listed here for distribution on the agenda notes.
1 . REPORTS.
1 . Southold Town Supervisor's Monthly Budget Report for July, 1994.
2. Southold Town Scavenger Waste Treatment Facility Monthly Report
for July, 1994.
3. Southold Town Recreation Department Monthly Report for July,
1994.
4. Southold Town Dog Shelter Monthly Report for July, 1994.
5. Southold Town Board of Trustees' Monthly Report for July, 1994.
6. Southold Town Police Department Monthly Report for July, 1994.
II . PUBLIC NOTICES.
1 . New York State Department of Transportation, Notice of Order to
add center left turn lanes on Route 25 in Mattituck.
III . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M., regarding the petition of the owners of more than one
half of the real, property fronting on Bayberry Lane, Wild Cherry Way and
Stony Shore Drive for the improvements of said roads.
2. 8:05 P.M., on a proposed "Local Law in Relation to Junior License
for Commercial Shellfishing".
3. 8:07 P.M., on a proposed "Local Law in Relation to Aquaview
Avenue".
SUPERVISOR WICKHAM: Every meeting of the Town Board we undertake
quite a series of discussion during the day, during the Work Session. The
purpose of that is to get our business in order, so that we can put it in a
fashion, that we can vote on it during the evening. Frequently, these
discussions aren't finalized in the sense that they are ready to go to the
Board for a vote, and they're held over for a period of time, until we can
finalize it. You'll notice that the next section, of the agenda includes
those for discussion items, and there are some fourteen of them. We've
discussed a lot of them today, all of them. Some of them we did finalize
them, and they do appear as resolutions later on in the agenda. Some of
32 AUGUST 23, 1994
them weren't, and if you'll notice the last page of, the agenda, if you have
it, is an , order of business that the Board used', today to carry out, and
discuss all of these items for discussion. The Board, thought that today it
would useful to summarize the For Discussion items, even though a lot of
them we didn't take a final decision on. I would like to spend just a
couple of minutes to outline to the audience, just' very briefly, the issues
that we talked about that aren't on for resolution; tonight. I'm not going
to refer to the ones for which we do have resolutions, because we'll be
taking them up later on at the next point on the agenda. You'll see on the
order of business at nine o'clock, we met with a 'group from ENTEK
Research, who made a' presentation to the Town Board regarding a possible
feasibility study to establish a muncipal electric utility here in
Southold to take over the responsibilities of the Long Island Lighting
Company. The purpose of that, obviously, would' be to save considerable
amount of monies, that the Town residents are, !currently paying to the
Long Island Lighting .Company, and they made apitch ito explain why it is
in the Towns interest, and our residents interest, Ito establish such a
utility. After some discussion about it, we decided. to do this if we can in
concert with other towns on Eastern Long Island; 'that; are considering the
same matter, and as a matter of fact, tomorrow :all of; the Supervisors of
the East End towns will be meeting together, and;;this item will be on their
agenda. So, we'll see you if there's broad support for undertaking it, so
that no one town has to do it by himself. the Brecknock Hall Society
issue will be on for resolution. Beginning at 10:!A5, ,we started discussing
solid waste issues, and the question was whethler or, not the Town can
establish a criteria for waiving tipping fees, if' people bring in refuse
for example from the beach, or from some other;.'-public service function,
that would redound to the Town's benefit. That's' not an easy thing to try
to resolve, because as' soon as you open the door to that there will be
other people trying to get in, they'd get their garbage in free and the
Board decided to send that back for further study and review before we
enact anything. At 10:30 we discussed the Scavenger ;Waste proposal for a
rock trap, and -we'll be putting that on for resolution,- and at 10:45, or a
little later, we updated the status of the plans ''to remove the materials
from .the Fishers Island Metal Dump. You may ; that the Town has
responsibility for the Metal Dump on Fishers Island. That's a small dump,
that is on Town property, and the Town has accepted, responsibility for a
long time now to clean up that Metal Dump, and we are engaging the
services of a firm to give us bid documents, that we in turn can go to bid
to have all of that material removed from the !dump, and actually from
Fishers Island. We reviewed those documents.iWe'lI be giving further
thought to that in coming weeks. At 11 :00 o'clock our Order of Business
came to Planning and Zoning issues, and the first ;one was signs and
illumination, which has been on our agenda many�;�many times over the last
several months. I think we're close to a final read on this. Our
discussion today was primarily on the question""' ''of' internally illuminated
signs, and whether they should be allowed in shopping centers, and in
hamlet business zones, as currently purposed in 'this legislation. After
quite a bit of discussion, I think the Board agreed i that probably they
should be remaining in those two areas. Thee Stewardship Task Force
discussion and recommendations, we .talked about the proposed Transfer of
Development Rights Program. The Town Board has a ;committee which met
on this topic last week, and proposed establishment of a kind of a small
seminar of a few key leaders with experience in TDRs.1, and we set a date
of next Tuesday, tentatively, for the Board to ;meet !with those experts,
and discuss the proposals of a TDR Program. 'I think it's .the sense of
the . Board that it's a good idea for the town, but there are some
intricacies, and some details that need to be clarified before we just
launch into it. At 11 :30 or so we had quite ' a spirited discussion on
B&Bs. I don't think there's anything on our agenda tonight on B&Bs.
It's proven to be quite an exciting and spirited issue,; in there are views
on all side of this one. The Board simply described the legislation as it
currently exists in our Code, and contrasted it with the fairly
liberalizing proposals of the Stewardship Task Force„ and then with the
much more. conservative recommendations of the .'current legislation. before
the Board. That's the Bed and Breakfast. We �don't have any specific
resolutions to bring tonight. We will be disc"u,ssing this ` further, and
bringing to 'another meeting in the future. Passing , over the personnel
issues, some of which are on for resolution tonight, and some of which are
just internal details. At 2:00 o'clock we met ' with ' Michael LoGrande.
Michael, as some of you may know, is the Chairman of the Suffolk County
Water Authority, a water authority which not part of Suffolk County, and
Michael and the Water Authority . are proposing' the establishment of a
AUGUST 23, 1994 33
modest public water extension into the hamlet center of Mattituck. Many of
you may know that Mattituck is an area that suffers from rather poor
quality water, and the Board, and not just this Board,. but the Boards
going back many years now, have emphasized the retaining as a Special
Groundwater Protection Area the area around Laurel Lake, that will serve
as a well field for downtown Mattituck. We're going ahead. Michael came
in to outline his plan to the Board, a plan which envisages providing
public water to as many as 160 odd homes in that area of downtown
Mattituck extending to the school, and I think we'll be hearing more about
that plan in the future. If it's undertaken it might be started within a
year from now. Our policy and finance matters beginning at 2:30 this
afternoon, we talked about the proposed Ethics Code. We concentrated our
discussion on the disclosure provisions of the . Code, which seem rather
-odorous to a number of us on the Board, and we're looking at ways to
protect the ethical behavior, if you will, of Town officials, while not at
the same time creating . an unnecessarily difficult environment. An
environment which might not even provide enough incentive for people to
come forward and run for Town positions. So, there's kind of a delicate
balance that the Board will be looking at in the future. A Procurement
procedures at 2:45 was an issue related to how the Town can solicit bids in
way that we can guarantee it gets the lowest possible prices for the town,
while not providing any special insights or favors to any one company. At
3:00 o'clock we had a Local Law regarding scallop season,which is on for
tonight, and at 3:15 we discussed a little a little bit of how the Town
Board meetings, so these meetings, particularly in the evening can be made
somewhat more informative, and useful, and one of the recommendations of
that part of the agenda was that the Board in some sense tried to
summarize what was conducted during these Work Sessions, so that is the
part of the .agenda where this is coming from. Just a couple of other
little points, at 3:50 the Supervisor described some interdepartmental
relation where I'm proposing a, I would say, a merger at the support level
of several departments - in Town Hall, namely the Trustees, the Zoning
Board, the Planning Board, and the Building Department. Those
departments will still continue as independent separate departments, but
their support staff will work in closer harmony, and in closer proximity,
so as to provide a more streamline service to the public, as they come in
to those offices. We then reviewed the intern program. Many of you may
know that we've had four summer interns working with us this summer. On
of them Bill Coster, who's finished his work with the Landfill. Another
is Sheila Gagen, who's work will end this week, as a staff person in
support of our committee of local property taxes. The third one was
actually split between two people, currently Eric Mealy. Previously to that
it was Rebecca Green, who assisted in the Planning Board over here. The
last one was David Gruben. David has already left the Town. He
assisted the Town in it's conduct of a business study questionnaire, which
is underway. There's are all summer- interns, who have essentially
completed their work with us. we have reports of their work. Some of you
may be interested in that in future. The last item that I'd like to
summarize with you just now is a proposed business study for the Town of
Southold. A study that David Gruben helped us carry out. Earlier on I
had brought to the Board the proposal that we carry out a much expanded
business study with the consulting help from a consultant from Stony
Brook. We have decided to abandon that effort by mutual agreement
between the Town and the proposed sponsors of the program. We had
hoped to attract outside support to do it. It doesn't look like that's
going to materialize, and by mutual agreement between the proposed
sponsors and ourselves we will continue the questionnaire, but not the
detailed economic study that was originally proposed. So, that gives you
flavor of how the Town Board spends today from some 9:00 o'clock in the
morning until 6:00 o'clock sharp. There's really a lot more time spent
dealing with all the details of government that you might imagine, and this
is a brief summary. Maybe some members of the Board would have a little
something to add, or some clarification that would be helpful. Joe?
COUNCILMAN TOWNSEND: It really was much more exciting than your
presentation, you better believe, but I'll let it suffice.
SUPERVISOR WICKHAM: Thank you, Joe. It's true. You know when the
Board considers resolutions, as you can see, there's a certain, if not
mechanical, a certain regularity to the Board's voting on resolutions that
have been before us. During the Work Session when different opinions are
put out on the floor. Board members kind of take issue with different
opinions of other people, and it's a much more exciting period. It is hard
to reflect that in a meeting like this.
34 AUGUST 23, 1994 �
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V. RESOLUTIONS.
SUPERVISOR WICKAM: You. have before you an agenda of the
resolutions, that we're about to take up this ev,ehing: It is the practice
of this Board to entertain any comments from members of the audience on
any one of these, or more of these resolution, that are before us tonight,
and at this time the Board would be pleased to hear your views on anyone
or more of these resolutions, that are before us! tonight. I'm afraid I've
done so much talking nobody else wants to speak. '(No response.) The
Board is ready to take -up 'Resolution #1 .
1 .- Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the .Town Board of the Town of; Southold hereby rescinds
resolution no. 33, adopted on -August 9, :,1994,, appointing Krista
Blindenhofer as an intern for the remainder of . the summer season,
whereas Ms. Blindenhofer declined the position.
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 Councilman Lizewski, 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 US Life Insurance Program to be made available
to all full-time employees at no cost to tli,e Town through payroll
deductions; said agreement to be approved by the Town Attorney.
2.-Vote of the Town Board: Ayes: Justice Evans; ;Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussiell Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED. that the Town Board of the Town of Southold hereby reappoints
Mary Mulcahy Jackson as Southold Town Recycling Coordinator, effective
August 19, 1994 through August 19, 1995, she .'' serve in said position
without compensation.
3.- Vote of. the Town Board: Ayes: Justice Evans,7 Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie;j Councilman Lizewski,
Supervisor Wickham. ' !I
This resolution was duly ADOPTED.
4.- Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of ,�Southold hereby requests
the New York State Department of Transportation , to conduct a traffic
survey on Bridge Lane, Cutchogue, for the purpose 'of reducing the 40
miles per hour speed limit, all in accordance with the recommendation of
Superintendent of Highways Jacobs.
4.- Vote of the Town Board: Ayes: Justice Evans,- Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie; Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
S.- Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 23rd day of . August, 1994, a proposed Local law
entitled, "A Local law in Relation to Designation ; of Parking Areas"; now,
therefore be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday,
September 6, 1994, Southold Town Hall, Main Road, Southold, New York,
as time and place for a pubic hearing on this proposed Local Law, which
reads as follows:
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AUGUST 23; 1994 35
A Local Law in Relation to Designation of Parking Areas
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 65 (Parking At Beaches) of the Code of the Town of Southold
as follows:
1 . Section 65-2.A (Designation of parking areas requiring permits)
is hereby amended by adding the following:
23 Gagens Landing Road, Southold, both sides for the
entire ,length.
24 Little Neck Road, Cutchogue, both sides, from the
southerly terminus northerly .for a distance of five
hundred (500) feet.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates addition(s)
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 Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Mary Louise Santacroce as a temporary Secretary for the Town Attorney
effective August 16, 1994, at a salary of $7.61 per hour, not to exceed 40
hours.
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 appoints
Ruthanne Woodhull as Exempt Secretary to the Town Attorney, effective
September 1, 1994, at. a salary of $26,780.00 per annum.
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, it was
RESOLVED that the Town Board of the Town of Southold hereby closes
Wood Lane; between Beach Road and Manhanset Avenue, Greenport, on
Saturday, September 3, 1994, between the house of 5:00 P.M. and 11 :00
P.M., for safety purposes while a wedding reception is being held on the
property. of George Koutsoumbelas, 280 Wood Lane. Mr. Koutsoumbelas
has written permission from his neighbors on Wood Lane for the closure.
This permission is subject to the receipt, by the Town Clerk, of a One
Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an additional insured.
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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the reduction of performance bond amount for the Minor Subdivision of
Charles ' Simmons, Mattituck, from $181,941 .00 to $111,450.00, all in
accordance with the recommendation of the Southold Town Planning Board
and Engineering Inspector James Richter.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
36 AUGUST 23, 1994
10•- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Detective Beth D. Wilson to attend a New York State Police
Juvenile Officers Association Training Conference, at Smithtown, N.Y.,
on September 12 through 16, 1994, and actual expenses for meals, $105.00
tuition, and transportation, using a Town vehicle, shall be a legal charge
to the Police Department's 1994 Budget.
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 ,Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 6, ' adopted on July 26, 1994, granting permission to the
American Diabetes Association, New York Downstate Affiliate, Inc., to use
Town Roads on Sunday, September 11, 1994, for their Tour 150 cycle
event, be changing the date to Saturday, September 10, 1994.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Michelle Falco as a Beach Attendant (1st .year) for the remainder of
the summer season, effective immediately, at a salary of $5.83 per hour.
12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
U.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Senior Accountant John A. Cushman II and Personnel
Assistant Barbara Rudder to attend an OSHA 10 Hour General Industry
Safety Training Program, sponsored by Lovell Safety Management Co.,
Inc., on November 3 and 10, 1994, from 8:00 A.M. to 1 :00 P.M., at the
Sheraton Smithtown, and the necessary expenses for lunch and travel,
using a Town vehicle, shall be a legal charge to the Accounting E Finance
Department's 1994 Budget.
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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
an advance fee check for the Friday, August 26, 1994. bus trip to Action
Park; charge to be made to A7320.4, Joint Youth, Contractual Expenses,
check payable to Action Park.
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 Councilwoman Hussie, seconded by Supervisor Wickham,
WHEREAS, Brecknock Hall and its 145+ acres of property is a seat of one
hundred and thirty-seven years of history, tradition, and culture in
Southold Town; and
WHEREAS, said Brecknock Hall property, stretching from Route 25 to
2,560 feet of Long Island Sound shorefront, is one of the last great open
spaces remaining on the East End of Long Island; and
WHEREAS, a draft report by the Long Island Sound Coastal Management
Program, released in March 1994 by New York's . Department of State,
contains the recommendation that the entire Brecknock Estate be publicly
acquired as a precious resource to be protected, enhances, and made
accessible to the public; and .
AUGUST 23, 1994 37
WHEREAS, said Brecknock Hall . property lies along a scenic and historic
corridor from Laurel to Orient in an area of significant regional
importance and tourist interest; and
WHEREAS, local public sentiment is strong regarding preservation of the
historic and architecturally significant Hall, now deteriorating, and
maintaining open space and access to the Sound; and
WHEREAS, the Brecknock Hall Society, founded in August, 1992 as a
not-for-profit entity dedicated to saving the Hall and its surrounding
property, is actively pursuing support and funding on all levels -_ State,
County, Town, and private sector - to bring about its acquisition, the
eventual restoration and rehabilitation of the Hall,. and use of the entire
state in a manner that would be the entire community; and
WHEREAS, such use, environmentally friendly and self=sustaining, would
benefit the regional economy and add to the quality of life of the
community; and
WHEREAS, the Society's interaction with State and -County governments
would be greatly enhanced by strong evidence of Southold Town Board
support; now, therefore, be it
RESOLVED that the Town Board supports the aims of the Brecknock Hall
Society; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold
supports the ultimate acquisition of the . said property, and in the interim
endorses the objectives of the Brecknock Hall . Society as outlined in its
Action Plan.
15.- Vote of the Town Board: . Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
16.- Moved by .Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Cameron Engineering; P.C. to perform engineering
services, at a lump sum amount of $2,230.00, to review mobile shop
drawings and design the site improvements at the Scavenger Waste
Treatment Facility to enable the Town to procure bids to 'install concrete
piers or curbs to support the new above grade gravel trap system.
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 Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby designates
Paul Stoutenburgh as their nominee to fill the vacancy on the Suffolk
County Council on Environmental Quality.
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 Oliva, 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 Scallops",
which amends Chapter 77, Shellfish, of the Code of the Town of Southold,
by adding a definition for Scalp Net; giving authority to the Trustees to
establish, by resolution, the dates of. the commercial and noncommercial
scallop season based on environmental and economic conditions in effect
each year; determine the amount of noncommercial scallops that may be
taken during. the scallop season. 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.
18.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
38 AUGUST 23, 1994
19.- Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a proposed Local law entitled, "A Local Law in Relation to
Scallops"' now, therefore, be it
RESOLVED that the Town Board hereby sets 5:05 P.M., Tuesday,
September 6, 1994, Southold Town Hall, Main Road, Southold, . New York,
as time and place for a public hearing on this proposed Local law, which
reads as follows:
A Local Law in Relation to Scallops
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended as follows:
1 . Section 77-201 (Definitions) is hereby amended by adding thereto
the following:
SCALP NET - A hand operated net attached to a handle
with an opening across the mouth of no more than 14 inches.
1 . Section 77-204A is hereby amended to read as follows:
A. Sea+Fops -may toot tm-talc-eta- from town water 4ur-mg
the per+ed from Apr:i1 + to- the thi-r4 Sunday 4-n Sep-temfe-r
+n each year, -both- dates 4vc4u4ve.
A. The Trustees of the Town of Southold may establish,by
resolution, the dates of the commercial and noncommercial
scallop season based on the environmental and economic
conditions in effect each year.
2. Section 77-204(B) is hereby amended to read as follows:
•B-. Subject to the prev-isi-ans• of- thmis seetitx:,,, du4nq
the petyod-#rem t+-o-- f+r=st• Monday after the th+r-d-SA-.i�ay in
September to 9eteber -9 4n eaeh-year, -both- dates i+wAu- +ve
•not vx a tKa-n one ha+f (+/-2+-bushel e€• sc-a- Gps-may--be
token -from town warters-tn an-y- one-(-1-)--day by 4ia-nd-or
with a -s ca p net.
B. During the noncommercial scallop season, not more than
one-half (1/2) bushel of scallops may be taken from town
waters in any one (1) day by hand or with a scalp net.
3. Section 77-204(C) is hereby amended to read as follows:
C. During the commercial scallop season, scallops may be
taken, sttbject to the provisions of thi-s siac-tlan7- dtw4nq
the period from- October +0 to- Mauch-3-1, -both- dates
-inci•asive, -s-=Hops may be taken from 'the town waters with a .
dredge or scrape having an opening at the mouth of not more
than thirty-six (36) inches in width when towed by a boat
operated by mechanical power or other means, provided that
such dredge or scrape is brought aboard the boat by hand
power without the use of a mechanical device.
II .This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline represents additions
** Overstrike represents deletions
19.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: 'We are looking for a resolution for a recess, so
that we can go into our public hearings for the evening.
Moved by Councilwoman Oliva, seconded by Councilwoman-.Hussie, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: I Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MEETING RECONVENED AT 8:24 P.M.
SUPERVISOR WICKHAM: We'll resume the consideration of the resolutions.
We're up to number 20.
AUGUST 23, 1994 39
20.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Town Clerk to make arrangements, . through
advertisements in the local newspapers, for the disposal of the surplus
Town Hall IBM copy machine.
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 Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
the award of the bid of Brompton Service Corporation to perform
electrical lighting work under the Energy Conservation Program at Southold
Town Hall, as provided for in resolution no. 25, dated July 12,. 1994; and
be it
FURTHER RESOLVED that the Town Board hereby rescinds the
authorization for Supervisor Wickham to execute a contract with Brompton
Service Corporation for the aforesaid work, as provided for in resolution
no. 20, dated August 9, 1994.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the -Town of Southold hereby directs the
forfeiture of, the bid bond submitted on July 6, 1994 with the bid of
Brompton Service Corporation for performance of electrical work at Town
Hall, inasmuch as Brompton Service Corporation has advised the Town
that it is unable to enter into a contract to perform the specified work
and the Town is thereby forced to incur additional costs in entering into a
contract with an alternate bidder.
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 Olvia, it was
RESOLVED that Town Board of the Town of Southold hereby accepts the
bid of Avey Electric, Inc., Patchogue, New York, in the amount of
$48,630.00, to perform electrical lighting improvements at the Southold
Town Hall, in accordance with the Energy Conservation Program bid
documents dated June 14, 1994; and be it
FURTHER RESOLVED that the Town Board authorizes and directs
Supervisor Thomas Wickham to enter into a contract between the Town of
Southold and Avey Electric, Inc. to accomplish the aforesaid electrical
lighting improvements at Town Hall.
23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
24.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an amendment to the
Personal Service Contract between the Town and Vito A. Competiello,
President of Labor Management Associates, engaging Mr. Competiello's
services as a professional Labor Management Consultant through December
31, 1994, and deleting reference to Robert P. Yaccarino who will no
longer be associated with Mr. Competiello effective September 30, 1994,
and authorizing Mr. Competiello to retain the services of other
professional individuals with experience in Labor Relations to assist him
in •contract negotiations and administration of said agreements with no
additional costs to the Town; said amended agreement subject to the
approval of the Town Attorney.
24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman . Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4 V AUGUST 23, 1994
25.- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of theTown of Southold hereby appoints
the ' following individuals to the Southold Town Youth Support Committee,
effective August 24, 1994, for a one (1) year term to August 24, 1995,
they to ,serve on said committee without compensation:
Laural A. Boner
Margaret Brown
Jean W. Cochran
Allan S. Connell
Mark Gagen
Sue Kreiling
Debra M. Kujawski
Jodie Morgan
Kenneth Reeves
Michelle M. Robinson
Shelly Scoggin
25.- 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: That completes the resolutions that were on our
earlier agenda, and we have. before us now the resolutions in regard to the
notice of public hearing tonight. We have three of them. It would be my
preference not to do the third one.
COUNCILWOMAN HUSSIE.: I agree.
COUNCILWOMAN OLIVA: Yes.
26.-Moved by Supervisor Wickham, seconded by Justice Evans,
--------------------------------------------------
In the Matter
of RESOLUTION FOR STREET
IMPROVEMENT
The petition -of the owners of more than one-
half of the real property fronting on Bayberry
Lane, Wild Cherry Way and Stony Shore Drive
for the improvement of said roads.
---------------------------------------------------
WHEREAS, a written petition dated May 23, 1994, was duly filed with this
Board requesting the . permanent improvement of highways in this Town
knows as Bayberry Lane, Wild Cherry Way and Stony Shore Drive and
described as follows:
All the certain piece or parcel of land, situate, lying and being at
Southold, Town of Southold, County of Suffolk and State of New York,
know and designated as Bayberry Lane, Wild Cherry Way and Stony Shore
Drive, and bounded and described as follows:
The easterly line of Bayberry Lane begins at a point on the southerly
line of Middle Road at the northwesterly corner of lot no. 1 shown on "Map
of Shorecrest", filed in the Suffolk County Clerk's Office as. map no. 5584;
and running thence along lot no. 1 three courses: (1) S.30°30'50"W.-
35.45 feet; thence (2) S.14025'E.-109.51 feet; thence (3) S.560451201IE.-
61 .96 feet to the northerly line of Stony Shore Drive; the northerly line
of Stony Shore. Drive runs thence along lot no. 1 , 2, 3 and 4 on said map
N.75035'00"E.-498.30 feet to the easterly line of Wild Cherry Way and the
northwesterly .corner of Lot no. 5; the easterly line of Wild Cherry Way
runs thence along. lot numbers 5, . 6, 7 and 8 ,S. 1402510011E.-575.0 feet to
Lot no. 9 thence along lot no. 9 and the Park and Playground
5.28037130"E.-348.22 feet to land now or formerly of Cassidy; the southerly
line of Wild Cherry Way runs thence along said land 5.73103'20"W.-44.10
feet to land now or formerly of Mutkowski; thence along said land
S.67014'W.-55,90 feet to a Private Road and the westerly line of Wild
Cherry Way; the westerly line of Wild Cherry Way runs thence along said
Private' Road, and along land now or formerly of Mallon N. 14°58'W.-35:03
feet; thence along said land N.56045120"W.-60.0 feet to the southwesterly
corner of lot no. 10; thence along lot no. 10 two courses: (1)
AUGUST 23, 1994 41
N.33014140"E.-78.04 feet; thence (2) N.28037130"W.-237.47 feet to the
southeasterly corner of lot no. 11 and the westerly line of Bayberry Lane;
the westerly line of Bayberry Lane runs thence along lot numbers 11, 12,
13, 14, 15 and 16 N.56045120"W.-794.01 feet; thence continues along lot no.
16 two courses: (1) No. 14125'W.-127.68 feet; thence (2) N.60°56'40"W.-
34.39 feet to Middle Road; the northerly line of Bayberry Lane runs thence
easterly along Middle Road on a curve to the right having a radius of
1877.0 feet, a distance along said curve of 100.08 feet to the easterly line
of Bayberry Lane and the point of beginning.
WHEREAS, said petition was duly signed by owners of real estate owning
real estate to the extent of at least one-half of the entire frontage or
bounds on both sides of such highways and also signed by resident owners
owning not less than one-half of the frontage owned by resident owners
residing in or along such highway; and
WHEREAS, the said petition was duly acknowledged or proved as to each
signer in the manner as required of a deed to be recorded; and
WHEREAS, at a meeting of said Town Board duly called and held on July
26, 1994, an order was duly adopted by it and entered in its minutes,
reciting the filing of such petition, the improvements proposed and the
maximum amount proposed to be expended for the improvement as stated in
such petition, to wit, the sum of $50,000.00 and specifying that the Board
would meet to consider the petition and hear all persons interested in the
subject thereof concerning the same, at the Southold Town Hall, at
Southold, in said Town, on the 23rd day of August, 1994, at 8:00 o'clock
in the evening of that day for the purpose of considering the said petition
and hearing all persons interested in the subject thereof concerning the
same; and
WHEREAS, the said order, duly certified by the Town Clerk, was duly
published and posted as required by law; and
WHEREAS, a hearing was duly held by this Town Board at the place and on
the date and time hereinbefore mentioned, and at: such place and time, the
said Town Board did duly consider the said petition and hear all persons
interested;
NOW, THEREFORE, after such hearing and upon evidence given there at
and pursuant to the provisions of Section 20 of the Town law of the State
of New York; it is hereby
RESOLVED that this Board does hereby determine that it is in the public
interest to make the improvements petitioned for, to wit: The permanent
paving of the highways set forth in said petition and the construction of
such curbs, gutter, catch basins and drainage facilities as may be
necessary; and it is
FURTHER RESOLVED that the Town's Engineering Inspector has prepared
definite plans and specifications and made a careful estimate of the
expenses for the performance of the work; and it is
FURTHER RESOLVED that the Town has advertised for sealed bids for
furnishing all labor, materials and equipment for the reconstruction and
restoration of all roads and drainage facilities in the Shorecrest at
Arshamomaque Subdivision; and it is
FURTHER RESOLVED that upon the award of the bid, and completion of the
improvements to the Superintendent of Highways and the Town's
Engineering Inspector, the Town will accept dedication of Bayberry Lane,
Wild Cherry Way and Stony Shore Drive.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 9th day of August, 1994, a proposed Local Law entitled,
"A Local Law in Relation to Junior License for Commerce Shellfishing"; and
WHEREAS, a public hearing was held on this Local Law on the 23rd day
of August, 1994, at which time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 18 - 1994,
which reads as follows:
42 AUGUST 23, 1994
LOCAL LAW NO. 18 - 1994
A Local Law in Relation to Junior License for Commercial Shellfishing
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended to read as follows:
1 . Section 77-202.A.1 is hereby added to read as follows:
A.1 _Ages 12 and 13 can apply for a Junior Shellfish License
which will allow them to catch half the commercial limit
and will be at half the cost. of a commercial license. The
_parents or guardian must sign- for the holder of the
junior license making the parent or guardian
responsible for any violation incurred.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions.
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 we will table the last resolution for more
thought on this parking at Aquaview Avenue. This completes the
resolution part for the evening. We now have an opportunity to be brief to
have the benefit of the views of anyone in the audience on any matter, or
matters, that they would like to bring to the attention of the Board. Yes,
sir?
FRED JENS: Fred Jens, Sound Avenue, Mattituck. Two things I'd
like to bring up. On is, has any thought been given to improving the
shoulders the Sound Avenue west of Route 48 to make it a bike safe area?
I know you did some work down in Southold, down by the beaches, and
everything, but that one stretch in there biking traffic' has increased
tremendously. Again, that one section from the Riverhead Town line right
down to where the dual line highway starts. I was just wondering if
anybody had given any thought to that? The second thing is something
that really upset me. A couple of weeks ago I called your office. I thought
we had a recycling law in the Town of Southold, and I've witnessed a
number of times the Town of Southold's garbage truck, the white truck,
dumping down in the pit totally unrecycled garbage. I don't know where
this truck picks up, this Town of Southold truck, cans, beverage cans.
It's totally not recycled. I mean, if we have a law in the town. Can you
tell me where this truck picks up?
SUPERVISOR WICKHAM: We'll have 'to check. There are places, as Judy
says, there' are place where we occasionally pick up from beaches.
Sometimes volunteers help us to pick that stuff up. We sent the Town
truck to pick it up.
TOWN CLERK TERRY: In the hamlets. The cans in the hamlets.
FRED JENS: It's just a question of a tremendous amount of cans in
there, that are totally recyclable. Thank you.
SUPERVISOR WICKHAM: Any other comments from the audience on any
matter? Mr. Flynn?
F.M. FLYNN: I'm F.M. Flynn, resident of the Town of Southold. I
have some remarks to make for the record, and at my age one doesn't miss
the opportunity. I attended this morning's Work Session where both
proposed B&Bs, and zoning and illumination legislation were discussed.
Hence my remarks. My impression of the Work. Session, frankly, was that
the Town Board was hell bent to pass this legislation. I would like to
submit my remarks before the dye is cast. Frankly speaking all of the
proposed B&B legislation to date• represents a series of blunders, false
starts, and floundering. Originally, contrary to any excepted concept of
zoning, it was proposed that minor B&Bs, classified by both the State
and Federal government as commercial enterprises, .be permitted as a matter
of right. The would-be operators merely had to notify the next door
AUGUST 23, 1994 43
neighbors to whom no appeals process was open. This .is unique in the
annuls of zoning. It's a form of spot zoning, which is an athama to the
courts, yet the Town Board encouraged spot zoning, not by it, not even
by it, but worse by the B&B (tape malfunction) an adverse effect on the
neighborhood. Apparently the majority of the Town Board, based on
subjective empirical opinion has already decided such use would not have
ill effect, but could even be desirable. It is part of the proposed that
application fees be waived. What about the existing B&Bs, how have paid
these fees, and invested substantial amounts in their properties, and are
subject to commercial real estate taxes? The minor B&Bs could undercut
their rates, and precipitate . ruinous competition to established
enterprises. Incidentally, I wonder if self ordained experts speaking to
the Board on this matter offered other than empirical hearsay opinion in
deciding whether such facilities are needed. The entire sequence of events
that implies any attempt to justify it as the result of an informed plan
and equitable zoning practice. In my opinion, what is proposed is no less
that zoning on the cheap. Both on the part of the applicants, and of the
Town Board. I believe it was stated at a Work Session or two, that seven
people, approximately seven people, have expressed interest in opening
minor B&Bs. This out of population of some 20,000. What about the
interest of the vast majority of residential property owners. In my
opinion this proposal, like the previous administration home occupation
legislation, and the provision of commercial truck parking in residential
driveways, coupled with this latest quatuor, is nothing less than an
attempt to . debase residential areas, and the property values therein.
There is no justification in zoning practice whereas consideration be given
to basic real estate economics. Rather than being based on the zoning and
economic principle sited, it is my opinion that this zoning operation can
only be explained as a pseudo populous philosophical orientation because
abetted by political considerations, but certainly contrary to the view of
the majority of residents. At a previous Work Session when a justification
for B&B zoning was advanced by correlating them with seasonal rental
problems. I consider this reason a specious overreach to support an
unsupportable premise. Such rentals are not made for insignificant
amounts, and the tenants are usually familiar with the area due to previous
exposure. Owners do not rent their homes lightly. They investigate
potential tenants. Tenant assume obligations. They sign leases, provide
security deposits, and agree to some forms of maintenance, and endeavor,
at least temporarily, to become part of the community. . A more apt
comparison would have been to rooming houses, and the problems that
tended there too. I regret to say that this Board is also operating on the
cheap. Rather than accepting it's legislative duties, it apparently
prefers to shift responsibility, and probably on to unelected officials,
who's opinion would prevail without the necessity for the submission of any
proof. For reasons I shall explain later, I am adamantly opposed to such
legislation. I believe the Board should bite the bullet, and do what is
expected of it, and promulgate entirely new zoning, new legislation,
providing for distinct areas for districts suitable for such use, and
thereby protect the rights of all residents. Rather it appears the Board's
intent to make minor incremental changes to admittedly bad and discredited
existing legislation. To cite previous bad legislation as a present,
either in this instance, or by citing home occupation as giving weight to
it, is established as a precedent that inexpiable, and indefensible. I
would now like to cite the quotation from the West Legal Publishing
Company publication Land Use is considered sufficiently authoritative to
use as a text at the Harvard . School. Under zoning amendments it states,
periodic amendments may result in allocations of spot zoning in which the
change from single family residential to multi-family residential, for
example, is essentially preferential in nature, and it can not be
reasonable justified. Now, with respect to Special Exceptions, which have
broached, the same publication cites somebody that had attempted to
distinguish between Special Exception, and Special Use permits, by defining
the former to involve the authority by the Planning Board for adjustment to
permit certain deviant uses where it can make certain findings provided for
in the Ordinance, and by defining such Special Use permits as involving
situations requiring particular attention, and special treatment due to the
neighborhood, or city-wide ramifications of the Special Use. The text goes
on to state, assumably, an implicate condition always would be that the
44 AUGUST 23, 1994
relief granted was neither lavish the Master Plan, or the neighborhood, nor
amount to such preferential treatment as to constitute spot zoning. I am
visually opposed to Special Exception treatment for B&Bs. As I have
stated such a Special Exception would be based on the subjective opinion of
non-elected, non-accountable official, not accountable to the public, and
associated, and appropriated by the very Board appointed, the very Board
which I assume is considered to shirking it's responsibilities. Exceptions
granted by the ZBA, and based solely on opinion, are more difficult to
challenge, than variances where certain standards of proof have been
established by the legislature. Further, the Special Exception criteria in
the proposed legislation, rather strengthening the current provisions,
actually weakens them. If you were to check in the Town Code -the
existing to be considered for Special Exception are far in excess of what
was proposed at the Work Session today. It is apparent to me, that the
pending legislation ignored the clear intent of the State's Enabling Act
for Town zoning. The intention of the legislature are clearly implicit in
the act. Section 267 of Town Law was repealed, and a new section 267 was
added effective July 1, 1992. Now, your proposed legislation is, at best,
most akin to issuing variances, and they, of course, are frequently decoct
the change of zone, and this is officially by . Section 262-b.2(b) states
in part, that the requested use variance if granted will not alter the
essential character of the neighborhood. Unquote. Because I'm to state
that is granted at the same time preserve and. protect the character of the
neighborhood, and the health, safety and welfare of the community. With
respect to another characteristic, another type. of variance, the law states
it must be considered, quote, whether an undesirable change will be
produced in the character of the neighborhood, or a detriment to nearby
properties will be created by the granting of such variances. One doesn't
have to be a genius to discern the clear intent of the legislature with
respect to changes of use detrimental to a neighborhood. Having said all
this I am not unalterable opposed to B&Bs. I believe the consensus of
residents approve of the location of all B&Bs on major highways. Purely
practical considerations endorse 'this contention. At the very least all
B&Bs otherwise located shall be subject to use variances. I believe that
it is incumbent on the Board, if it is to comply with the demonstrated
intent of the legislature to redraft all B&B legislation to reflect the
consideration cited throughout my remarks. I hardly believe that
roistering tourists seeking late night accommodations on dark secluded
streets does anything. . to improve the character of a residential
neighborhood. In closing, as a mere simple resident I have my own
description for proper zoning. It is a variation of an adage which we all
learned as children, a place for everything, but, and it's an important
but, everything in it's place. I believe it's incumbent, and the Town
Board alone, to provide specific districts for locations for B&B use, and
not to shift the burden of decision and probable recrimination to other
agencies. Now, as a post script in here. occurring this morning, I have
been cited by a member of this Board as employing outmoded zoning
concepts. On the contrary, I spoke in terms of districts and
neighborhoods. It is the proposed legislation, that is illegal, because
zones by parcel, effecting zones by parcel, by ownership, or on a
piecemeal basis. Now, if I may burden you with a couple more
comments.Inasmuch as I did sit in on remark relative to signage and
illumination. One I note that no mention has been made of signs on
commercial vehicles in residential driveways, and ' I don't believe anybody
can state that these do not constitute signage, and then I also question
why has no maximum sign limits has been placed on signs. Roof or
building signs have been limited, I believe, in letter size, but not area.
It is governed really by the length of the building. Now, it's a question
of which frontage constitutes the length. There are certain commercial
buildings in this town that are exposed to the highway on three sides, and
I think that is a matter on which some limitations should be placed. Now,
gather that property owners will not be permitted a directional not
advertising on property that they do not own. In other words, they can
lease, or- by agreement put up a commercial sign on property that they do
not have ownership of. Thank you.
SUPERVISOR WICKHAM: Thank you, Mr. Flynn.
AUGUST 23, 1994 45
F.M. FLYNN: I'll just add one little thing. With respect to
illumination, is there not to be a limit on the amount of lighting, perhaps
as part of the Planning Board's site approval practice? Someway or other I
believe the intent was to avoid over-illumination of property, but I don't
know that any particular aspect" of the proposed legislation approaches
that. Thank you, again.
SUPERVISOR WICKHAM: Thank you. I can't put my finger on it
quite—I'll just read on the last comment you made. It is the intent of the
Board in the draft, we're currently considering, this light ordinance is
adopted pursuant to the Town's police power light pollution is not
beneficial to the health, safety, and welfare of the residents, . must be
minimized. This ordinance prohibits excessive light, and glare by any use.
It restricts lighting in the middle of the night, and sets a maximum height
for lights, and it' goes on to say in point A, all outdoor lighting shall be
shielded so the filament is not visible from adjacent property, and shall
be arranged so as to minimize the projection of light and glare on
adjoining properties. Of course, that doesn't totally eliminate the
problem of spill-over lighting. Are there any other members of the
audience, that would like to address the Board tonight? (No response-) - If
not, I'd like to turn to the Board. There may be members of the Board who
would like to clarify or amplify aspects that we've discussed today. Joe?
COUNCILMAN TOWNSEND: Councilperson Hussie read a resolution
regarding Brecknock Hall, and we had been presented with a draft
resolution, and while that resolution sufficed in getting the job done, I
think it's important that we read into the record, the draft resolution
because I think it gives more credit, and it does the job a little more
elaborately, or perhaps gives credit where credit is due. If that's all
right? Whereas, Brecknock Hall and its 145+ acres of property is a seat
of one hundred and thirty-seven years of history, tradition, and culture in
Southold Town, and whereas, said Brecknock Hall property stretching
from Route 25 to 2,500 feet of Long Island Sound shorefront, is one of
the last great open spaces remaining on the East End of Long Island, and
whereas,the draft report by the Long Island Sound Coastal Management
Program, released in March, 1994 by New York's Department of State,
contains the recommendation that the entire Brecknock estate be publicly
acquired as a precious resource to be protected, enhanced, and made
accessible to the public, and whereas said Brecknock Hall property lies
along a scenic and historic corridor from Laurel to Orient in an area of
significant regional importance and tourist interest; and ' whereas, local
public sentiment is strong regarding preservation of the historic and
architecturally significant Hall, now deteriorating, and maintaining open
space and access to the Sound; and whereas, the Brecknock Hall Society,
founded in August, 1992 as a not-for-profit entity dedicated to saving, the
Hall and its surrounding property, is actively pursuing support and
funding on all levels, State, County, Town and private sector, to bring
about its acquisition, the eventual restoration and rehabilitation of the
Hall, and use of the entire state in a manner that would benefit the entire
community; and whereas, such use, environmentally friendly and
self-sustaining, and would benefit the regional economy and add to the
quality of life of the community; and whereas, the Society's interaction
with State and County "governments would be greatly enhanced by strong
evidence of Southold Town Board support; now, therefore, be it resolved
that the Town Board supports the aims of the Brecknock Hall Society;
and be it further resolved that the Town Board of the Town of Southold
supports the ultimate acquisition of the said property, and in the interim
endorses the objectives of the Brecknock Hall Society as outlined in its
Action Plan. That, I think, state the importance of the Society, and should
be stated.
SUPERVISOR WICKHAM: Thank you, Joe. Any other member of the Board
like to add any comments to tonight?
4 6• AUGUST 23, 1994
COUNCILWOMAN HUSSIE: I'm going to take us back to the very beginning
when you were talking about ENTEK coming to visit, or coming to talk to
us. There's a strong indication that we have significant savings on
electricity costs. There's also an indication that we would have
significant outlay of money, if we were to sever the Town of Southold from
the LILCO rate payers. There are some aspects of that endeavor that
are indigenous just to Southold, or just to Riverhead, or just to
Southampton, anyone of the towns,that wants to do it, and at the same time
there are areas, such as the legal aspect, that are indigenous to all of
the towns, that are the same for all towns. This morning's discussion
touched on potential impact of the Long Island Power Association, and the
difficulties of condemnation, the legal challenges we'll face, and the time
and money, that has to be spent for that. On the up side, thought, the
savings that we could enjoy while paying for the electricity, twenty to
thirty percent were mentioned today, and the 1985 feasibility study done
R.W. Beck, they projected 8% savings the first year, and 35% in year
five. Also on the plus side discussed this morning was the part. that
call, to reach our goal would not be much greater, or if even greater, as
great, as the cost proposed originally by R.W. Beck in 1985, because the
things that we would condemning have depreciated even more, and also,
there's some federal legislation, that makes our legal challenge a bit
easier. As you may know, or may not know, I've been interested and
involved in this since 1985, and I have to say that I'm pleased that the
Town Board is continuing looking into this possibility, although with great
caution, I must say. Tomorrow Mr. Davitian and Mr. O'Brien, the two
gentlemen who came to see us today are going to be speaking to the East
End Supervisors, and Tom and I are going there pretty much to see how
the other towns feel about us all getting together on this. That's all I
wanted to say.
SUPERVISOR WICKHAM: Thank you, Alice. Any other members of the
Board?
COUNCILMAN, LIZEWSKI : One of things that happened today in our Work
Session was that we had work study program done with our interns, and it
had a lot to do with some questions asked to our business community, and
hope to see that this Board continues to loop at that study, and take it to
the business community. I think there's an awful lot of problem with our
business property. We seem to be losing small business at an alarming rate
in some of our hamlets, and I think that it's . important that we find out
why, and what we can do as a Board to try to make businesses survive in
our town, because they are a big part of our tax base, and a big
contribution to our community.
SUPERVISOR WICKHAM: Thank you, Joe. Louisa, do you have any
comments?
JUSTICE EVANS: I was just going to add, I hope that the ' businesses will
return the questionnaires that our intern passed out, 'and we hope we can
study.
SUPERVISOR WICKHAM: Just a very brief comment. Alice did refer to the
caution, that I think is quite correct. The Board has expressed caution
about anything that involves expenditure of a lot of money, and as people,
I'm sure, recognize this Board inherited in January a program of action,
that was inadequately financed in our budget based on last year's budget,
and we've had to cope on a number of occasions with programs and
commitments, that have been undertaken in the previous Board, but no
provision . was made to finance them. Consequently, I think she's
characterized it very accurately, this Board does approach these questions
of additional outlays of funds with considerable caution, and that's why I
proposed, and why we will be discussing tomorrow the proposition of
financing these things jointly by a number of towns in the East End, rather
than just by Southold. On the question of joint activities by various
AUGUST 23, 1994 . 47
towns you might also be interested to know that the five east end towns
last Wednesday committed themselves to moving ahead with a study a
proposed Peconic County. The Town of Southold committed some $10,000.00
towards that study way back several months ago, and last week the award
of the study was given to Public Finance Management, -Inc., a firm in
Philadelphia, •that will undertake basically a economic, and feasibility,
and fiscal •study of the viability of a carving out of a new county from
Riverhead, and• points east. There are two aspects to this study, that I'd
like to just very briefly touch on. One of them is a very sensitive
parameter, is the question of how you divide the ' assets, and in particular
the liabilities. Are the bonds and the liabilities that Suffolk County has
run up over the years; a liability that will part of a new Peconic County,
or will they be liabilities of Suffolk County, and similarly how would, the
assets be divided. That's a very important part of the question that this
firm will address. The second, and in many wa'y's•; ''Wore interesting
question; at least to me, is the question of what if there is to be a
Peconic County; what will Peconic County look like in terms of the services
and the activities, and way in which. it's organized. Most people, I think,
would recognize it if it's just a copy of how Suffolk County has been.
Chances are it's not going to any more 'economical than Suffolk County has
been. There will be .a public hearing, probably 'at the Suffolk County
Community College campus shortly after Labor Day by Public Finance
Management, and the various towns to get input from people in Southold,
Riverhead, and Southampton, and five towns, as to what shape we would
like a proposed Peconic County to take? What is our vision for a county?
If it is found to be fiscally and financially viable how do we want' it to
evolve? What programs would we like it to undertake, and which ones do
we not want it to undertake? These are questions, not just for the Town
Board's of, the various towns, but for the people at large. Finally, there
is room for citizens, residents of this town, and of other towns to find a
place on the Technical Advisory Committee, and on a Citizens' Committee
related to the formation of Peconic County. If anyone's interested my
office will be pleased to take your names, and we can forward their names
to the East End Economic and Environmental Institute, which is managing
the process. That's all on the proposed Peconic County tonight. I should
just say that, Peconic County is by no means a fait accompli. This is a
feasibility study done by a very reputable firm to ascertain the economic
and fiscal appropriateness of it, and only if it is appropriate is the
process likely to move forward. With that, are there any other comments
on tonight's meeting? (No response. ) We'll close the meeting.
Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at
9:02 P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman
Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.
This resolution was declared duly ADOPTED.
X0
-Judith T. Terry
Southold Town Clerk