HomeMy WebLinkAboutTB-12/27/1994 288 DECEMBER 27, 1994
SOUTHOLD TOWN BOARD
DECEMBER 27, 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 L.
Dowd.
9:00 A.M. - Interview scheduled with Vincent Wieczorek for the position of
Ordinance Inspector. Mr. Wieczorek failed to appear.
9 : 15 A.M. - The Board met with the following members of the Committee on Local
Taxes: James Heffron, Chairman, James Foley, Wallace A. McGahan, Charles M.
Murrin, Lynda J. Rehm, Philip Van Bourgondien. The Committee members brought
the Town Board up to date on their activities. They asked the Board's permission
to conduct in-depth studies on (a) personnel in the context of town government and
public schools, (b) school district expenditures, (c) structure of local government,
(d) public safety, (e) other resources - identify out of Southold resources which
offer ideas or information on controlling local government expenditures. They also
asked the Town Board for appointment of additional committee members. Only six
of their members ' are available from January to April, and they could use members
with expertise in the areas of public safety, labor relations, municipal law, public
education law, and management. The Board agreed to advertise for 'additional
members, to assist the members, and to replace Wallace McGahan who advised he
intends to resign (resolution no. 12) . At this time Supervisor Wickham presented
a proposed Policy on Taxes for consideration by the Town Board. After discussion,
it was placed on the agenda for adoption (resolution no. 13) .
10:40 A.M. - Town Attorney Laury Dowd discussed her memorandum to the Board
concerning _submission of certain information to the New York Environmental Facilities
Corporation to be eligible for short and long term loans from the State Water
Pollution Control Revolving Fund. Solid Waste Coordinator Bunchuck will prepare
the documents for the Cutchogue Landfill closure, and she had prepared a document
for the Fishers Island Landfill closure. Board approved the letter on behalf of
Fishers Island.
10:45 A.M. - Executive Assistant James McMahon met with the Board to report on
the weekend northeaster storm damage throughout the Town, which did considerable
damage along the shoreline.
10:55 A.M. - Joseph Fischetti, Chairman of the Transfer of Development Rights
(TDR) Working Group, met with the Town Board to bring them up to date on the
progress of the newly appointed group.----Following this discussion the Town Board
reviewed the detailed proposal of Mark McDonald, Planning Board member, and the
Town's Advocate for Suffolk County Preservation or Open Space Funds, proposing
to the Town Board a priority list of properties to be acquired with the Towns. share
of the 1 /4% sales tax money. Town ' Board approved of the priority list and placed
a resolution (no. 14) on the agenda for adoption.
11 :30 A.M. - Venetia McKeighan, Director of Human Services, and Senior. Accountant
John Cushman, met with the Town Board to discuss a proposed grant for 1995 Day
Training from the. Long Island Developmental Disabilities Service Office. Mrs.
McKeighan advised that there are three developmentally disabled people provided
for under the program, and a portion of the grant goes toward an individual on her
DECEMBER 27, 1994 289
staff who has training in that field. :. The major problem has been completion of the
lengthy and time consuming forms for this $9,700 grant. Whereas the Bookkeeper
presently employed at the Human Resource_ Center is retiring in February, it was
agreed an advertisement should be placed` in the newspapers seeking an Account
Clerk who would be capable to-handling the reporting forms required for the various
grants at the center (resolution no. 16) . The Beard also placed a resolution (no.
15) on the agenda to authorize Supervisor Wickham to execute the 1995 Day Training
grant.
10:50 A.M. - The Town Board reviewed a proposed resolution (no. 17) to authorize
an application for a grant to hire three new police officers under the new Federal
Crime Bill, which would, if approved by the federal government, finance up to 75%
of their salaries for three years.----Town Board scheduled January 11 , 12, 13, 1995
for interviews of applicants for the Planning Board and Board of Appeals
positions.----Board placed a resolution (no. 18) on the agenda to appoint Ann
Amiaga as a Clerk in the Tax Receiver's office.----Discussion was held with regard
to criteria for not-for-profit funding, and agreed to institute tightened requirements
for 1995 and use the criteria for 1996 funding.
12 : 15 P:M. - Recess for lunch.
1 :50 P.M. - Work Session reconvened and Town Board reviewed the latest draft of
the proposed new Code of Ethics. After minor changes, a resolution (no. 20) was
placed on the.agenda to hold a public hearing on January 24, 1995.
2 :15 P.M. - The Board met with William Cremers, Mildred Boyce, and Deborah Doty,
representatives of the North Fork Animal Welfare League, to review the final
revisions to the proposed NFAWL_ contract with the Town for 1995-1997 for dog
control and shelter services. . Supervisor Wickham proposed amendments, with respect
to the ,impact of the rate of inflation on the amount of compensation for 1996 and
1997, and a resolution (no. 21) was placed on the agenda to authorize the execution
of the contract with the amendments incorporated therein.
3 :00 P.M. - Councilwoman Hussie presented a report on the proposed Inlet Pond
County Park Contract. She recently visited the site with Superintendent of
Highways Jacobs, and they discovered an extraordinary amount of CSD '- . concrete
and asphalt, which was not a part of the proposed agreement. Initially the Town
agreed to waive tipping fees for rubbish and garbage from the initial clean-up of .
the site. The Town also agreed to grade the road, but Councilwoman Hussie
stressed that the Town should in no way maintain a Village road. This matter will
be looked into more closely by Town Attorney Dowd.
3:10 P.M. - Board of Assessment Review Chairman John Sullivan met with the Town
Board to request a revision to the compensation provisions for the members who
spent the most time during the past grievance day proceedings (resolution no. .22) .
3 :25 P.M. - Town Board received - a proposal from Cramer, Voorhis S Associates to
conduct a review of the Traffic Impact Study prepared by Frank Cichanowicz III
with regard to his change of zone petition. Resolution to accept the proposal (no.
23) was placed on the agenda.
3 :35 P.M. - Town Board reviewed the resolutions for the 4:30 P.M. regular meeting.
EXECUTIVE SESSION
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, Councilman Hussie, Councilman Townsend,
Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town
Attorney Dowd, . and Personnel Assistant Barbara Rudder.----The Town Board
discussed personnel matters.
4:00 P.M. - Work Session adjourned.
290 DECEMBER .27, 1994
REGULAR MEETING
A Regular Meeting of. the Southold Town Board was held on
December 27, 1994, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Wickham opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Thomas H.. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Would someone like to move the audit of the bills
for December 27th?
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $97,652;96; General Fund Part Town
bills An the amount of $40,054.80; Nutrition Fund bills in the amount of
$5,979.36; SNAP Program bills in the amount of $1,030.18; .EISEP Program
bills in the amount of $504.20; Highway Fund Whole Town bills in the amount
of $62,034.86; Highway Fund Part Town bills in the amount of $65,484.09;
Employee Health . Benefit Plan bills in the amount of $25,274.58; Fishers
Island Ferry District bills in the amount of $15,999.45; Shorecrest at
Arshamomaque bills in the amount of $31,100.00; Refuse and Garbage District
bills in the amount of $21,809.85; Southold Wastewater District bills in
the amount of $17,008.34; Fishers Island Sewer District bills in the amount
of $187.50; Southold Agency and Trust bills in the amount of $5,494.57;
Fishers Island Ferry District Agency E Trust bills in the amount of $910.67.
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 December 13, 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 Hussie, seconded by Justice Evans, it was
RESOLVED that the next Organizational Meeting of the Southold Town
Board will be held at 4:30 P.M., Tuesday, January 3, 1995, and the
next regular meeting of the Southold Town Board will be held at 7:30
P.M., Tuesday, January 10, 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: On the subject of regular Town Board meetings,
we had scheduled a joint meeting between the Village of Greenport's
Board, and our Town Board tonight. That meeting had to be rescheduled,
because there was a conflict with the Mayor of Greenport. The date hasn't
yet been put on, but it's proposed sometime early in January. You have a
copy of the agenda, I hope. There is a series of reports the Board has
received. We have in front of us tonight some twenty-four resolutions that
are listed there, plus resolutions number twenty-five, twenty-six, and
twenty-seven, that we may take up as a result of the public hearings.
DECEMBER 27, 1994 291
I. REPORTS.
1 . Southold Town Planning Board Monthly Report for November, 1994.
2. Southold Town Police Department Monthly Report for November, 1994.
3. Southold Town Community Development Office Monthly Report for
November, 1994.
II. PUBLIC NOTICES.
1 . New York State Department of Transportation Notice of Order
amending the .area speed to 30 MPH for Traveler Street
2. New York State Department of Transportation Notice of Order to
amend the area speed to 25 MPH for South Beach Road.
III . COMMUNICATIONS. None.
There are three public hearings, that are scheduled for five o'clock this
afternoon. There were a series of discussion points, that the Board
undertook during our Work Session today. I don't think that- I will review
them at this time, because almost all of them are actually reflected in the
resolutions, that we'll be taken up.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M., on the proposed acquisition of property located on the
west side of Lighthouse Road offered to the Town by Sue Hanauer and Joan
Bagley.
2. 5:05 P.M., on a proposed "Local Law in Relation to Lighting".
3. 5:10 P.M., on a proposed "Local Law in Relation to Senior Citizen
Exemption".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We'll move directly to the resolutions, and I'll
remind the audience, that this the opportunity for anyone in the audience to
address the Town Board on any matter related to the resolutions that are on
our agenda. Please, try to keep your comments within five minutes. Yes,
sir?
DAVID CORWIN: My name is David Corwin. Resolution 13, 1 think it
may come back to haunt you, but more power to you if you can do it.
Resolution 14 is what I really want to . address you on, and that is a
resolution to give the County a list of properties, that you want to acquire
for protection of water sheds. I spoke to Frank Murphy about six years ago
about the possibility of the Village of Creenport receiving properties under
this program, this quarter percent sales tax money, for their well fields.
He said, it was available to the Village of Creenport. It never went
anyplace. My understanding is that your list is near Cutchogue off County
Road 48. 1, would say to you all that the Village of Creenport should be
given some priority for well sites. There are possible well sites along
County Road 48 in ' Southold and Peconic, that would serve the Village of
Greenport's. purpose. They've dug several well in the last couple of years,
and increased their capacity. They have increased their capacity more. Sam
McGlinden used to come to the Village of the Creenport, and the theory
was that they were 500 gallons a minute wells. Well, they never worked
out, because they always brought up salt water, 'and then Sam McGlinden
finally decided what the Village needed was a lot of small wells stretched
- out along, 'and I think that even if the Suffolk County Water Authority goes
ahead, and starts pumping in Laurel Lake. They dug a very deep well
there. I think they're going to find if they pump 500 gallons a minute, I'm
not an expert by any means, I think they're going to find they can bring
up salt water, too. The point I want to make is, you've got to have these
wells—probably you've go to have them stretched out along the whole North
Fork. I think you should give the Village of Creenport the opportunity,
while there's a couple of parcels available beyond this list, we don't know
the future of the water system in the Village of Creenport, and may be
taken over by the Water Authority, or may not. If it isn't, they should have
the opportunity to have wells. The New York State Department of
Environmental Conservation is now forcing the Village of Creenport to a
water ledger, and what they want to do is see how much water comes east of
292 DECEMBER 27, 1994
Mill Creek, and how much water comes from west of Mill Creek. They may
end up doing the same thing with the Water Authority in terms of Laurel
Lake in your designated watershed area there, and then you say, you've got
to shift it along. So, the point I want to make, please, consider giving
the Village of Greenport the opportunity to give you a couple of parcels,
they would like to have purchased that they can put future wells on.
Thank you.
SUPERVISOR WICKHAM: Thank you, David. I'd just like to respond
briefly'.to say that the expectation of the County . is, that these sites would
be located within a Special Groundwater Protection Area, and that one of the
criteria, that we adopted in making the proposed recommendations. Joe?
COUNCILMAN TOWNSEND: May I respond, also? The other thing that
would concern me about that is that the Village is negotiating with the
Water Authority. They don't seem to be making much progress, but if the
Village acquired this property, and then it was used as, you, know, just a
leverage to get more money out of the Water Authority, because it's another
asset of the Water Department. We would essentially be giving it to the
Water Authority, and they finance everything equally, you know, when
they're tremendous bonding, and so forth, and I really wouldn't have a
desire to use our money for that purpose, to subsidize all the users of the
Water Authority. So, until that's resolved, if we found that Greenport was
going it's own way, and going to actually help us provide a unified water
plan for the entire town, including their- franchise area, I would be more
inclined to go in that direction.
DAVID CORWIN: I understand where you're coming from, but my point is
you may end up needing wells all along the North Fork, and this is the time
to get the property now. The real estate boom went bust. There's a lot of
property for sale. Now is the time to do it, and you could always put some
stipulations on it. I don't see why you don't put stipulations on it. We're
not giving the Village of Greenport a gift. We're trying to build a future
water system for the Town of Southold.
SUPERVISOR WICKHAM: Thank you. Any one else, who would like to
address the Board? Yes, sir, Frank?
FRANK CARLIN: I didn't have time to read these all, Tom, but I'll go
through a couple of them, anyway. My name is Frank Carlin, Laurel. I
hope you all had a Merry Christmas. I wish you all a Happy New Year. I
know I had a Merry Christmas, even with my increase in my Town taxes for
next year, but I still- had a nice Christmas. Item one, Tom, on that bond,
how much interest you paying for those bonds, those $42,000.00 there?
SUPERVISOR WICKHAM: The Town proves a bond for $42,000, it means
that they have—the applicant has to post a bond with the Town for that
amount of money.
COUNCILWOMAN OLIVA: It's an improvement of roads. We're not paying
for that. They give us a bond.
FRANK CARLIN: Okay, number five, it's kind of funny number five on
the senior citizen exemption. What does the tax increase of the tax
exemption of $21,299 have to do with the environment? I don't understand
that.
COUNCILWOMAN HUSSIE: It's a process we have to go through everytime
we put in a law. We have to do it.
FRANK CARLIN: You don't have to do that as a resolution though. NEW,
COUNCILWOMAN HUSSIE: You do.
FRANK CARLIN: Okay. This one here. is better. Number seven,
requesting the Department of Transportation to do a traffic study to
determine no parking zone at both sides of Route 25. There's something
that comes in here, that I don't like. It comes in, commencing at a point
west of the Long Island Railroad Bridge, .and extending easterly up to about
100 feet. Now, I understand what the problem is there. The problem is on
either end of the bridge, where that new place opened up there. Now
DECEMBER 27, 1994 293
you're getting into my territory. I got a business up there. I'm in
agriculture zone there. If you're thinking about putting a no parking zone,
what am I going to do about my business? That's an eight foot shoulder
there. There's plenty of room to park there., That was put in there in
1989, when I fought to get that bridge raised, and that curve. That road
is sufficient for parking. It's got eight foot shoulders on both sides.
You've got to eliminate that west side, because then they'll be extending
this thing down 200 or 300 feet down, and I can't do nothing about it.
SUPERVISOR WICKHAM. Frank, I don't think there's any intent on the part
of the Board, or the originating Board, that actually proposed to extent
that significantly west of the bridge.
FRANK CARLIN: Well, then eliminate west then. You're leaving yourself
open there, Tom. It says, extending west, but how many feet? You don't
even say how many feet. You say how many feet east, but not how many
feet west.
SUPERVISOR WICKHAM: We'll give some thought to that. Thank you.
What else would you like to bring to our attention?
FRANK CARLIN: That's all I could read on right now. I had more, but I
didn't have time to read it.
SUPERVISOR WICKHAM: Alice, would you be open to say from the bridge
east?
COUNCILWOMAN HUSSIE: Yes.
SUPERVISOR WICKHAM:. Would we be open to have it read from the bridge
east? I really think that's the intent.
TOWN CLERK TERRY: Actually, just say, commencing at the Long Island
Railroad bridge extending easterly.
SUPERVISOR WICKHAM: Let's revise the resolution accordingly. Is there
anyone else who would like to address the Board on any one of the
resolutions, that's on our agenda this afternoon? (No response.) If now, I
think we're ready to begin. Would someone like to .read the first one?
I .-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the amount of $42,420.00 for a bond for roads and improvements in the
minor subdivision of Gregory Simonelli, Grand Avenue, Mattituck, all in
accordance with the recommendation of the Southold Town Planning Board
and Engineering Inspector James A. Richter.
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 Hussie, it was
RESOLVED . that the Town Board of the Town of Southold hereby approves
the amount of $78,100.00 for a bond for roads and improvements in the
minor. subdivision of Anna K. Plock (a/k/a Plock Shellfish Preserve),
Southold, all in accordance with the approval of the Southold Town Planning
Board and Engineering Inspector James A. Richter.
2•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3•- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
resolution no. 18, adopted on October 18, 1994, appointing Leona Urban and
William Evans as weekend SNAP drivers, whereas these individuals are
already employees of the Town of Southold.
3•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
294 DECEMBER 27, 1994
4.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has 'determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Question of the acceptance of an offer of
property by Sue Hanauer and Joan Bagley for acquisition by the Town
of Southold under Open Space Preservation. . The proposal has been
determined not to have a significant effect on the environment is likely to
occur should the proposal be implemented as planned.
4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: A Local Law amending Chapter 85 (Taxation)
of the code of the Town of Southold, by increasing the partial exemption for
senior citizens to a maximum level of $21,299. The proposal has been
determined not to have a significant affect 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.
5 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.-Moved by Councilman Townsend, seconded, by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Mazzaferro Bros., Inc., in the amount of $9,466.00, for the
installation of concrete curbs and electrical connection at the Southold
Town Scavenger Waste Treatment Facility, all in accordance with the
recommendation of Engineering Inspector James Richter; and be it
FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is
authorized and directed to execute an agreement between the Town of
Southold and Mazzaferro Bros., Inc. to accomplish the aforesaid work.
6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
7.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, 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 study
to determine the need for a "No Parking" zone along both sides of Route 25,
Mattituck, commencing at the Long Island Rail Road bridge and extending
easterly up to about 100t feet east of the intersection near the gasoline
station property at Bray Avenue and Route 25.
7.-Vote of the Town . Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
DECEMBER 27, 1994 2 9 5
8.-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 the acknowledgement of
and agreement to the provisions of the provisions of the Letter of Agreement
between the New York State Division of Criminal Justice Services and the
Town of Southold for a Local Court Automation Project Grant, all in
accordance with the approval of the Town Attorney.
8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a Local law entitled, "A Local law in Relation to Gagen's Landing
Road";, now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, January
10, 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:n
A Local Law in Relation to Gage 's Landing Road
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Section 92-42.' (Parking prohibited during certain hours) is hereby
amended by adding the following:
Between the
Name of Street Sides Hours of
Gagen's Land Road Both 10:00 p.m. and In Southold,
6:00 a.m from Clear-
view Avenue
westerly to
the terminus
. This Local Law shall become effective upon .its filing with the
Secretary of State.
9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman ' Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the installation of a dedicated telephone line by NYNEX, at a cost of $280,
to activate the computer set-up under the NYS Division of Criminal
Justice Services grant, to provide a data communications link to DCJS
utilizing the Criminal Justice Data Communication Network (CRIMNET) .
10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
11 .- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the
tipping fees for trees and limbs only, resulting from the December 23rd.
and 24th , northeaster, for a two week period, effective December 28, 1994
through January 11, 1995.
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 authorizes
and directs the Town Clerk to advertise for resumes for additional members
of the Committee on Local Taxes.
12 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
296 DECEMBER 27, 1994
13.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold recognizes the adverse
impact caused by local property taxes in Southold Town; and
WHEREAS, the Town Board wishes to adopt a standard to control future
growth in local property taxes; and
WHEREAS, the Town Board wishes to set an example to all other taxing
entitles in the town, including but not limited to the seven school
districts, eight fire districts, and to the County of Suffolk; now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby adopts the
policy that the annual budgets under its control will result in taxes and
fees attributable to Southold Town government no greater in real terms
(adjusted for inflation) than the taxes and fees of the previous year; and
be it
FURTHER RESOLVED that the Town Clerk be and she is hereby authorized
and directed to communicate this policy as a home-rule mandate to relevant
officials of the County of Suffolk, State of New York, and the Federal
Government, whereas legislation from those governments impacts local
spending and taxing rates.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts for
the following priority acquisition list for the Town of Southold's portion
of the 1/4o sales tax; each of the sites are within the Southold Special
Groundwater Protection Area, and are wooded, except one which is next to
an exiting well site; they are scattered through the SGPA to offer some
option in water development, and the ranking is based on hydrogeology and
geography while taking water supply needs into consideration.
Section/Block/Lot Acreage
1 . 1000-101-1-8.1 32.2
2. 1000-101-2-7 6.0
1000-101-2-p/o 6 16.7
3. 1000-74-2-15 7.0
4. 1000-85-1-4 12.6
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski.
Abstain: Supervisor Wickham.
This resolution was duly ADOPTED.
15.- 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 the 1995 Day Training
Services Contract between the New York State Office of Mental Retardation
and Developmental Disabilities Service Office, and the Town of Southold,
whereby the Southold Town Department of Human Services will provide care,
treatment, rehabilitation, education, training and support services to
mentally retarded and developmentally disabled persons, for the period of
January 1, 1995 through December 31, 1995, for an annual budget of
$9,701 .00, all in accordance with the approval of the Town Attorney.
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 Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for an Account Clerk
for the Human Resource Center, 17-1/2 hours per week, $8.40 per hour.
16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
DECEMBER 27, 1994 29 7
17.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie,
WHEREAS, the Town has recently expanded the area requiring police
coverage; and
WHEREAS, the Town wishes to economize the cost of providing said police
service; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Thomas Wickham to execute an application for Federal supplement
in hiring three new police officers and to submit said application on or
before December 31, 1994.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I'd just like to comment, that this resolution is a
way that the Town can avail funds being made available through the Federal
Crime Act, that was passed earlier this year at a Federal level to assist
localities in basically financing the start-up costs for newly hired police
officers.
.18.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Ann Amiaga as a Clerk in the Tax Receiver's. Office, effective December
28, 1994, at a salary of $6.35 per hour.
18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas 'Wickham to execute a lease agreement
between Randall J. Feinberg and the Town of Southold, for a 2500 square
foot area building on Sound Avenue; Mattituck, to be used for winter
storage of Highway Department equipment, said lease commences on December
1, 1994 and ends on April 1, 1995, at a monthly rent of $500.00, not to
exceed $2,000.00, all in accordance with the approval of the Town Attorney.
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 Justice Evans, seconded by Supervisor Wickham,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 27th day of December, 1994, a Local Law entitled, "A
Local Law in Relation to the Code of Ethics"; now, therefore, be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, January
24, 1995, 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 the Code of Ethics
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 10 (Code of Ethics) of the Code of the Town of Southold is
hereby deleted in its entirety and new Chapter 10 (Code of Ethics) is
hereby adopted to read as follows:
1 . ARTICLE I (GENERAL) is hereby adopted to read as follows:
§ 10-10 (Legislative Intent) . The purpose of this act is to
establish minimum standards of ethical conduct for Town officers
and employees to help ensure that the business of government is
free from improper influence that may result from opportunities
for private gain. At the same time, it is recognized that
public service cannot require a complete divesting of all
proprietary interest, nor impose overly burdensome disclosure.
requirements, if local governments are to attract and hold
competent administrators. Although the assurance of ethical
conduct will continue to rest primarily on the personal
integrity of the officers and "employees themsel.v..es; on the
commitment of elected and appointed officials,-'and on the
2 9 Q D.ECEMBER 27, 1994
vigilance of their ,communities, the establishment of the
standards and guidelines set forth in this chapter is an
additional step toward providing the highest caliber of public
administration for local. governments and increased confidence in
public officials. By requiring public annual disclosure of
interests that may influence or be perceived to influence the
actions of public officials, this chapter is intended to
facilitate consideration of potential problems before they
arise, to minimize unwarranted suspicion, and to enhance
the accountability of government to the people.
Unless otherwise stated or unless the context otherwise requires,
when used in this article:
A. Appear and Appear Before - shall mean communicating
in any form, including, without limitation, personally, through
another person, by letter, or by telephone.
B. Customer or Client means (a) any person to, whom a
Town officer or employee has supplied goods or services during
the previous twelve (12) months having; in the aggregate, a
value greater than $1,000 or (b) any person to whom a Town
officer's or employee's outside employer or business has
supplied goods or services during the previous twelve (12)
months having, in the aggregate, a value greater than $1,000
but only if the officer or employee knows or has reason to know
the outside employer or business supplied the goods or services.
C. Gift and Financial Benefit - shall include money,
services, licenses, permits,contracts, authorizations, loans,
travel, entertainment, hospitality, career advancement or any
promise thereof, or any other gratuity or promise thereof. A
financial transaction may be a financial benefit but shall not
be a gift unless it is on terms not available to the general
public. "Gift" and "financial benefit" do not include campaign
contributions authorized by law.
D. Town Officer or Employee means any officer or employee
of the Town, whether paid or unpaid, and includes, without
limitation, all members of any office, board, body, advisory
board, department, district, or committee of the Town. "Town
officer or employee" shall not include:
(1) A judge, justice,. officer, or employee of the unified court
system;
(2) A volunteer fire fighter or civil defense volunteer; or
(3) A member of an advisory board of the Town if, but only if,
the advisory board has no authority to implement its
recommendations or to act on behalf of the Town or to
restrict the authority of the Town to act. This shall not
include the Ethics Committee. ;
E. Outside Employer or Business means:
(1) Any activity, other than services to the Town, from which
the Town officer, employee or household member receives
compensation for services rendered or goods sold or
produced;
(2) Any entity, other than the town, of which the Town
officer, employee or household member is a member, officer,
or employee and from which he or she receives
compensation for services rendered or goods sold or
produced; or
DECEMBER 27, 1994 299
(3) Any entity in which the Town officer, employee or
household member has an ownership interest, except a
corporation of which the Town officer or employee owns less
than five percent of the outstanding stock.
(4) For purposes of this definition, Compensation shall
not include reimbursement for necessary expenses,
including travel expenses.
F. Person - shall include both .individuals and entities.
G. Relative - means a spouse, domestic partner, child,
step-child, brother, sister, or parent of the Town officer or
employee, or a person claimed as a dependent on the Town
officer's or employee's latest individual state income tax
return.
H. Subordinate of a Town officer or employee shall mean
another Town officer or employee over whose activities he or she
has direction, supervision, or control, except those who serve
in positions that are in the exempt classification or the
unclassified service under the Civil Service Law.
2. ARTICLE If (RULES OF CONDUCT) is hereby adopted to read as
follows:
§ 10-20 Coal. Town officials and employees must exercise their
official duties solely in the public interest and must avoid
conflicts of .interest or the appearance of conflicts of
interests to the greatest extent possible.
§ 10-21 Avoidance of Conflicts. Town officers and employees
shall not knowingly acquire, solicit, negotiate for, or accept
any interest, * employment, or other thing of value which would
put them in violation of this code of ethics.
§ 10-22 General Prohibition. A Town officer or employee shall
not use his or her official position or office, or take or fail
to take any action, in a manner which he or she knows or has
reason to know may result in compensation for any of the
following persons:
(A) The Town officer or employee;
(B) His or her outside employer or business or that of a
member of his or her household;
(C) A member of his or her household;
(D) A customer or client;
(E) A relative.
§ 10-23 Recusal. A Town officer or employee shall promptly recuse
himself or herself from voting, advising, or otherwise taking
discretionary action on a matter before the Town when acting on
the matter, or failing to act on the matter, may financially
benefit any of the persons listed in § 10-22 of this Chapter.
§ 10-24 Recusal Procedure. Whenever a Town officer or employee
is required to recuse himself or herself under this code of
ethics, he or she:
(A) Shall promptly inform his or her superior, if any;
(B) A member of a board shall state the general nature and
extent of the conflict of interest upon the public record
of the board, and
(C) Shall immediately refrain from participating further in
the matter.
300 DECEMBER 27, 1994
§ 10-25 Gifts. No Town official or employee or member of any
official or employee's family shall, directly or indirectly,
solicit, accept or receive any gift .under circumstances from
which it could reasonably be inferred that the gift was intended
to influence him or her, in the performance of his or her
official duties or was intended as a reward for any official
action on his or her part.
§ 10-2.6 Representation. A Town officer or employee shall not
represent any other person in any matter that person has before
the Town nor represent .any other person in any matter against
the interest of the Town.
§ 10-27 Appearances. A Town officer or employee shall not appear
before or exert influence over any board or department of the
Town, except on his or her own behalf or on behalf of the Town. "
§ 10-28 Confidential Information. Town officers and employees
and former Town officers and employees shall not disclose any
confidential information or use it to further anyone's personal
interests.
§ 10-29 Political Solicitation. A Town officer or employee shall
not knowingly request or knowingly authorize anyone else to
request any subordinate of the officer or employee to
participate in any election campaign or contribute to a
political committee.
§ 10-30 Revolving Door. A Town officer or employee shall not
appear or practice before the Town as to particular matters on
- which the Town officer or employee personally worked while in
Town service unless acting in response to a request by the
appropriate official for the sole purpose of providing
information. A Town officer or employee shall not appear or
practice before the Board or Department in which he or she
previously served, except on his or her own behalf, for a
period of one year after the termination of his or her municipal
service or employment.
§ 10-31 Inducement of Others and Bribery. A Town officer
or employee shall not induce or aid another officer or employee
of the Town to violate any of the provisions of this code of
ethics.
§ 10-33 Exclusion From Code of Ethics. The provisions of
Article II shall not prohibit, or require recusal as a result of
the following:
A. An action specifically authorized by statute, rule, or
regulation of the Town of Southold, the State of .New York
or of the United States.
B. A ministerial act.
C. Gifts
(1) Received by the Town officer or employee from his or
her parent, spouse, or child; or
(2) Having an aggregate value of $500.00 or less during
any twelve-month period; or
(3) Accepted on behalf of the Town and transferred to the
Town.
D. Gifts or benefits having a value of $100 or less that are
received by a Town officer or employee listed in Section 11
of the Domestic Relations Law for the solemnization of a
marriage by that officer or employee at a place other than
his or her normal place of business or at a time other than
his or her normal hours of business.
DECEMBER 27, 1994 301
E. Awards from-charitable organizations.
F. Receipt of Town services or benefits, or use of Town
facilities, that are generally available on the same terms
and conditions to residents or a class of residents in the
Town.
C. Representation of constituents by elected officials without
compensation in matters of public advocacy.
3. ARTICLE. III (DISCLOSURE REQUIREMENTS) is hereby adopted to
read as follows:
§ 10-40 Annual Disclosure.
A. Officers and employees required to file. The following
classes of officers and employees of a Town shall be required to
file a signed annual disclosure statement:
(1) Officers and employees who are elected;
(2) The heads of departments and their deputies and other
persons authorized to act on their behalf;
(3) Officers and employees who hold policy making positions,
including members of the boards of the Town;
(4) Officers and employees whose job descriptions or actual
duties involve the negotiation, authorization, or approval
of nonministerial permits or licenses or variances.
B. Time and place for filing. Annual disclosure statements shall
be filed with the Town's ethics board:
(1) Within 120 days after the effective date of this section;
(2) Within 30 days after becoming subject to the requirements
of subdivision A of this section; and
(3) No later than May 15 of each year thereafter.
C. Changes in disclosed information. Within 30 days after a change
in the information contained in his or her most recently filed
annual disclosure statement, an officer or employee shall file a
signed amendment to the statement indicating the change.
D. Contents of annual disclosure statement. The annual disclosure
statement shall disclose:
(1) With respect to any office, trusteeship, directorship,
partnership, or, other position held in a business, association,
.proprietary or not-for-profit association held by a Town
officer, employee, or spouse, the nature of the position and the
name and address of the organization shall be disclosed.
(2) Give the title of the position and the name and address of
any employer of the officer, employee or spouse which is a
source of income in excess of $500.00.
(3) Describe the nature and location of any real property or
investments within the Town, or within one mile of the boundary
of the Town, in which the officer, employee, or spouse has a
financial interest.
(4) Identify each interest in a trust, estate or similar
beneficial interest (except for IRS eligible retirement plans)
in which the officer, employee or spouse has an investment in
excess of $2000.
302 DECEMBER 27, 1994
(5) List the name and address of donors of all gifts received
by the officer, employee or spouse, excluding gifts from a
relative, which have an estimated value in excess of $500.00.
(6) Identify the name, address and general nature of
reimbursement for travel expenses in excess of $250 for any
matter that relates to your official duties.
(7) Describe any interest the officer, employee, or spouse has
in any contract involving the Town.
(8) Identify the name and address of any person to whom the
officer, employee or spouse owes a debt in excess of
$500.00.
E. Good faith efforts. Failure to disclose the information required
by this section with respect to Town officer's or employee's
spouse or other relative shall not constitute a violation of.
that subdivision if the officer or employee has made a good
faith effort to obtain the information and if he or she also
sets forth those efforts in his or her disclosure statement.
§ 10-41 Designation of Officers and Employees Required to
File Annual Disclosure Statements.
A. Within 90 days after the effective date of this Chapter,
and during the month of March each year thereafter, the
Town Board of the Town of Southold shall:
(1) Cause to be .filed with the Town's ethics board a list
of names and offices or positions of all officers and
employees of the Town required to file annual
disclosure statements pursuant to this Chapter; and
(2) Notify all such officers and employees of their
obligation to file an annual disclosure statement.
§ 10-42 Maintenance of Disclosure Statements.
A. The Town Clerk shall transmit promptly to the Ethics Board
each annual disclosure statement filed with the Clerk pursuant
to this Chapter.
B. The Ethics Board shall index and maintain on file for at least
seven years all annual disclosure statement filed with the Board.
4. ARTICLE IV (ETHICS BOARD) is hereby adopted to read as
follows:
§ 10-50 Establishment of Ethics Board.
A. A Southold Town Ethics Board of three persons shall be
appointed by the Town Board. The Ethics Board may establish
rules for its own operations, which shall be available to the
public, but whether included or not, .the following procedures
shall pertain to its activities:
(1) The Ethics. Board shall state in writing the disposition of
every request for opinion and every investigation it
conducts, and the reasons for the disposition. All such
statements and written requests shall be kept on file.
(2) The Town Board shall make available to the Ethics Board
such meeting space, clerical support, and expense
reimbursement as the Town Board, in its discretion and
consistent with budgetary constraints, deems advisable.
DECEMBER 27, 1994 303
(B) Appointment and removal.
(1) Members of the Ethics Board shall be appointed by the
Town Board of the Town of Southold and may be, nominated
by any member of the public. They shall serve without
compensation.
(2) Ethics Board members may be removed by the Town Board
for reasons of gross misconduct, substantial neglect of
duty, or inability to perform the duties of office, or
failure to meet qualifications listed in subsection D
hereof.
(C) Term of office. The term of office of Ethics Board members
shall be three years expiring on December 31st, except that
upon initial appointment, one member shall have a term of one
year, another shall have a term of two years and the other a
term of three years respectively.
(D) Qualifications.
(1) From the period of 12 months prior to appointment and
throughout his or her term of office, no Ethics Board
member or member of his or her family shall hold any
elected or appointed office or employment with the Town of
Southold except as a member of a. citizens' advisory board.
(2) From the period of 12 months prior to appointment and
throughout his or her term in office, no Ethics Board
member shall be a party to any proceeding before the
Town, other than judicial proceedings, or have business
dealings with the Town other than- routine requests such as
applications for building permits, certificates of
occupancy, marriage licenses, or other similar matters.
(3) Members of the Ethics Board shall be subject to the
provisions of this law, including the Annual Disclosure
Statement.
(4) Members of the Ethics Board shall be provided with legal
defense and indemnification equivalent to members of the
Town Board.
10-51 Powers of the Ethics Board.
A. The Ethics Board has the power to review the annual disclosure
statements, to review annually this Code of Ethics and recommend to
the Town Board any changes which it deems appropriate; to render
advisory opinions on any matter 'of ethical conduct of Town officials
and employees, at the written request of any Town Board, official,
employee, or private citizen; to conduct investigations or to refer
cases to the Town Board, District Attorney or Town Attorney for
consideration of appropriate criminal prosecution;, or to seek civil
relief to compel compliance with this law.
§ 10-52 Investigation Procedures.
A. Upon receipt of a sworn complaint by any person alleging a
violation of this Chapter or upon determining on its own
initiative that a violation of the chapter may exist, the Ethics
Board shall have the power and duty to conduct any
investigation necessary to carry out the provisions of this
304 DECEMBER 27, 1994
Chapter. In conducting any such investigation, the Ethics
Board may administer oaths or affirmations, subpoena
witnesses, compel their attendance, and require the production
of any books or records which it may deem relevant and material.
B. The Ethics Board shall state in writing the disposition of every
sworn complaint it receives and of every investigation it
conducts and shall set forth the reasons for the disposition.
All such statements and all sworn complaints shall be indexed
and maintained on file by the Board, and shall be submitted to
the Town Board for its consideration and or action.
C. Any person filing a sworn complaint with the Ethics Board shall
be notified in writing of the disposition of the complaint.
D. The termination of a Town officer's or employee's term of office
or employment with the Town shall not affect the jurisdiction of
the Town's Ethics Board with respect to the requirements
imposed by. this Chapter or by the Town's Ethics Code, if any,
on the former officer or employee.
§ 10-53 Review of Lists and Disclosure Statements.
A. The Ethics Board shall review:
(1) The annual disclosure statement of the designated officers
and employees to determine whether the lists are complete
and accurate.
(2) All annual disclosure statements to determine whether any
person required to file such a statement has failed to file
it, has filed a deficient statement, or has filed a
.statement that reveals a possible or potential violation of
the Chapter or the local ethics code, if any.
B. If the board determines that an annual disclosure statement is
deficient or reveals a possible or potential violation of this
chapter the board shall notify the person in writing of the
deficiency or possible or potential violation and of the
penalties for failure to comply with this Chapter or the local
ethics code.
§ 10-54 Public Inspection of Ethics Board Records.
A. Notwithstanding the provisions of Article 6 of the Public
Officers Law, the only records of the Ethics Board which shall
be available for public inspection are:
(1) Annual disclosure statements list filed pursuant to this
chapter;
(2) Lists of officers and employees required to file .annual
disclosure statements;
(3). Rules and regulations of the Ethics Board;
(4) Final disposition of an investigation by the Ethics
Board;
(5) Advisory opinions provided that information identifying the
persons requesting the opinion is deleted from the copy
made available for public inspection;
(6) Educational materials, annual reports, and local ethics
acts.
DECEMBER 27, 1994 305
S. ARTICLE V (PENALTIES) is hereby adopted to read as follows:
§ 10-60 Penalties.
A. Disciplinary Action. Any Town officer or employee who
engages in any action that violates.any provision of this
Chapter may be warned or reprimanded or suspended or removed
from office or employment, or be subject to any other sanction
authorized by law or collective bargaining agreement, by the
Town Board or person or body authorized by law to impose such
sanctions. A warning, reprimand, suspension, removal, or
other authorized sanction may be imposed in addition to any
other penalty contained in this Chapter or in any other
provision of law.
B. Civil Fine. Any Town officer or employee who knowingly
violates any provision of this Chapter may be subject to a civil
penalty, including a fine not to exceed $1,000. In addition a
violator may be subject to a civil forfeiture to the Town of a
sum equal to three times, the value of any financial benefit he
or she received as a result of the conduct that constituted the
violation.
C. Damages. Any person, whether or not a Town officer or
employee, who violates any provision of this Chapter shall be
liable in damages to the Town for any losses or increased costs
incurred by the Town as a result of the violation. Such
damages may be imposed in addition to any other penalty
contained in any other provision of law or in this Chapter,
other than a civil forfeiture.
D. Misdemeanor. Any person, whether or not a Town officer
or employee, who intentionally or knowingly violates any
provision of this Chapter shall be guilty of a class A
misdemeanor.
§ 10-61 Voidable Contracts.
Any contract or agreement entered into by or .with the Town which
results in or from a violation of any provision of this Chapter shall
be voidable by the 'governing body of the Town. Such ratification
shall 'not affect the imposition of any criminal or civil penalties
pursuant to this Chapter or any other provision of law.
§ 10-62 Debarment.
A. Any person, who intentionally or knowingly violates or induces
a Town officer or employee to-violate any provision of this
Chapter shall be prohibited from entering into any contract with
the Town for a period of five years from discovery of.the
violation.
B. No person, whether or not a Town officer or employee, shall
enter into a contract in violation of the bar imposed above.
C. Nothing in this section shall be construed to prohibit any
person from receiving a service or benefit, or from using a
facility, which is generally available to the public.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
306
DECEMBER 27, 1994
Annual Statement of Financial Disclosure
Town of Southold
For 199_
1 . NAME AND ADDRESS.
Last Name Middle Initial First Name
Title
Department or Agency
Department or Agency Address Telephone No.
Residence Address Telephone No.
2. INTERESTS.
List any office, trusteeship, directorship, partnership, or other position in' any
business, association, proprietary, or not-for-profit organization held by you or your
spouse which are involved with the Town of Southold in any manner.
Name and Address
Position of Organization
2. EMPLOYMENT (including self-employment) .
Describe any sources of income other than town employment providing more than $500
per year for you or your spouse.
Name and Address
of Source of Income
3. INVESTMENTS.
Itemize and describe al-1 interests .you or your spouse have in the value in any
business, corporation, partnership which regularly does business with the Town,
excluding any entity of which you. own less than five percent of the outstanding stock
or value. List the location of all real property within the Town or within one mile
thereof, in which you have an interest, regardless of its value.
Name and Address of Description
Business or Real Estate of Investment
DECEMBER 27,1994 3 0 7
4. TRUSTS.
Identify each interest in a trust or estate or similar beneficial interest in any assets
in excess of $2,000, except for IRS eligible retirement plans or interests in an estate
or trust for you, your spouse or dependent children.'
Description of
Trustee/Executor Trust/Estate
5. GIFTS
List the source of all gifts aggregating in excess of $100.00 received during the 'last
year by you or your spouse, excluding gifts from a relative. The term "gifts" includes
gifts of money, property, service, loan, travel, entertainment, thing or promise.
Name and Address of Donor
6. TRAVEL EXPENSES
Identify and describe the source of any third-party reimbursement for travel-related
expenditures in excess of $250.00 for any matter that relates to your official duties.
The term "reimbursement" includes any travel-related, expenses provided by anyone other
than the Town for speaking engagements, conferences, or fact-finding events that relate
to your official duties.
Name and Address of Source Description
6. INTEREST IN CONTRACTS.
Describe any interest you or your spouse now have in any contract involving the Town.
Description of interest in Contract
7. DEBTS.
Identify all persons to whom you or your spouse owe debts in excess of $5,000.00.
Creditors
Signature Date
308 DECEMBER 27, 1994
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, Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
Town of Southold and the North Fork Animal Welfare League, Inc., whereby
the League will perform the duties and responsibilities of dog control
officer in the enforcement of the provisions of Article 7 of the
Agricultural and Markets Law and the rules and regulations promulgated
pursuant thereto in the Town of Southold, including the Incorporated
Village of Greenport, and operate and maintain, at its own expense, the
Town Animal Shelter at Peconic Lane, Peconic, as a shelter for dogs seized
by its dog control officer and for lost, strayed or homeless dogs; for the
following term and compensation: January 1, 1995' to December 31, 1995, the
sum of $115,000.00; from January 1, 1996 to December 31, 1996, the sum of
$118,000.00, unless the rate of inflation during 1995 exceeds five percent,
in which case an additional $1,5000.00 is payable; and from January 1, 1997
to December 31, 1997, the sum of $121,000.00, a sum computed as $3,000.00
more than the 1996 compensation, unless the rate of inflation during 1996
exceeds five percent, in which case an additional $1,500.00 is payable; said
agreement all in accordance with the approval of the Town Attorney.
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 Justice Evans, seconded by Councilwoman • Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 33, adopted at the January 4, 1994 Organizational Meeting,
which set the compensation of the members of the Board of Assessment
Review, to read as follows: "Sets the total compensation for the Board of
Assessment Review at $3,120.00, effective January 1, 1994 through December
31, 1994, said members to earn $57.20 per meeting until the level of total
compensation, is reached."
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 Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Cramer, Voorhis E Associates, at a cost no to exceed $750.00,
to review for accuracy and consistency, and submitting recommendation to
the Board on the Traffic Impact Study submitted by Frank Cichanowicz III
with regard to his petition for a change of zone; the cost of said review to
be paid by the applicant prior to the commencement of the review.
23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No:
Councilman Lizewski.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Resolution number 24 is a follow up to the revised
Code of Ethics, that the Town Board has prepared, and it requires us to
determine that there would no significant effect on the environment. So,
it's resolution that the Town Board has determined, that there will be no
significant effect on the environment, and the question of a Local Law in
relation to the Code of Ethics.
24.-Moved by Supervisor Wickham, seconded by Justice Evans, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Review Act, and 6NYCRR Part 617.1o, 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.
DECEMBER 27, 1994 309
DESCRIPTION OF ACTION: A Local Law amending Chapter 20 (Code of
Ethics) of the Code of the Town of Southold, to establish minimum standards
of ethical conduct for Town officers and employees to help ensure that the
business of government is free from improper influence that may result from
opportunities for private gain. 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.
24.- 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: Those are the resolutions that are on our prepared
agenda. There are three more resolutions, that we may take up following
the hearings this afternoon. We have three hearings, one to deal with a
proposed acquisition under the Town's Open Space Program, one to do with
our proposed Local Law in Relation to Lighting, and one regarding Senior
Exemptions. So, we'll hold these resolutions until after we go into- the
public hearing.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding public hearings.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Reconvened at 5:30 P.M.
SUPERVISOR WICKHAM: We can resume our business meeting, and the
resolutions that we have on the agenda.
25.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham;
WHEREAS, Sue Hanauer and Joan Bagley have offered to sell their
property to the Town of Southold under the Open Space Preservation
Program; and
WHEREAS, the Town Board of the Town of Southold held a public hearing on
the question of the acquisition of the Hanauer/Bagley property on the
27th day of December, 1994, pursuant to the provisions of Chapter 59,
Open Space Preservation, of the Code of the Town of Southold, at which
time all interested persons were given an opportunity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Town of
Southold Acquire the Hanauer/Bagley property; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the property of
Sue Hanauer and Joan Bagley, described as follows:
1 . SCTM#1000-50-6-4, comprising approximately 4.945 acres,
located on the southwest corner of Soundview Avenue and Lighthouse
Road, Southold, N.Y., $150,000.00.
2. SCTM#1000-50-6-5.7, comprising approximately 1 .9 acres,
.located on .the west side of Lighthouse Road, Southold, N.Y., $75,000.00;
and be it
FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby is
authorized to execute any and all required documents required for the
acquisition of the aforesaid property.
25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
26.- Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 13th day of December, 1944, a Local Law entitled, "A Local Law in
Relation to Lighting"; and
WHEREAS, this Local Law was referred. to the Southold Town Planning Board
and the Suffolk County Department of Planning for their recommendations
and reports, all in accordance with the Southold Town Code and the Suffolk
County Charter; and
310 DECEMBER 27, 1994
WHEREAS, a public hearing was held on this Local Law on the 27th day of
December, 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. 30 - 19941,
which reads as follows:
LOCAL LAW NO. 30 - 1994
A Local Law in Relation to Lighting
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 to read as follows:
1 . Section 100-31 (B)(5)(e) is. hereby deleted in -its entirety.
e- Sufficient-exterim- H+aminatiom of the site- sha+F•
be-required-to provide-converrerrce- and- safety- A* sac+r
H+ami nat'rott, sha+l- bz-shteFdecF form the view-of a H-
surrotmcFi=ng streets- and- Fots-
2. Section 100-31 (B) (5) (f) is hereby changed to 100-21 (B) (5) (e) .
3. Section 100-31 (B) (7) (e) is hereby deleted in its entirety.
e- T+re- d+rect• source-of aH-exterior- Hg+rting- sha+l- be-
sh+ekk-d from-the view-of starrotn-Yd rrg resit+entiai Fots:-
4. Section 100-31 (B) (8) (c) is hereby deleted in its entirety.
e- Act F outdoor-'Hghti ng- sha+F- be-arranged- a ncH-ot
sh+eFderd to eHmirmte-the g+arre of Hgtit-s- toward- near
resirfentiei Fots-,- streets- or other pubic facHkies-
5. Section 100-31 (B) (8) (d) is hereby changed to 100-31 (B) (8) (c) .
6. Section 100-61 (B) (4) (d) is hereby deleted in its entirety.
d.- NO- Hg*s- sha+l- create a g+are on-adj-oirt ng property-.-
7. Section 100-61 (B) (4) (e) is hereby changed to 100-61 (B) (4) (d) .
.8.. Section 100-101 (B) (12) (g) is hereby deleted in its entirety.
f 93- Ot.tt kxn- a rea Hg+rti ng- s ha+F- be-th a t generai Fr
required-for secar+ty purposes- and- sha+F• be-restricte&
to the front *one-third {4f33 of the kAr dept+r.- AjlF
outdoor-Hgfiting- sha+F- be-bcated- at a height of not mor.
than-fourteen {44} feet- above- grot id level- and- so d+rectec}
that H+aminatkm should-not extend- beyortd Fob Hues.-
9.: Section 100-101 (B) (12) (h) is hereby changed to 100-101 (B) (12) (g) .
10. Section 100-191 (0) is hereby deleted in its entirety.
O:- fHamirm*on Off-street- par-king- areas shotdd-be-
adetriate-ly-H+aminated-far convetrerrce- and- safety,- but-no-
H.gi7ti ng- far Par-king- areas sha+l- c a use-g+are o n-a dj oiriirtg
. properttes.-
11 . Sections 100-191 (P) and (Q) are hereby changed to (0) and (P) .
12. Section 100-239.5 (Lighting) is hereby added to read as follows:
INTENT - This ordinance is adopted pursuant to the Town's police
power. This ordinance prohibits excessive light and glare by any use,
restricts lighting in the middle of the night and sets a maximum height
for lights to minimize the potential for glare.
A. All outdoor lighting shall be shielded so that the light source
is not visible from adjacent properties and roadways. Lighting
fixtures shall focus and direct the light in such a manner , as to
contain the light and glare within property boundaries.
DECEMBER 27, 1994 311
B. It is a general principal of the Town that parking lot lights
should be turned off or reduced in intensity between 11 •30 P.M. and
4.00A.M.
C. All freestanding outdoor lighting fixtures shall be limited to
a height of no more than fourteen (14) feet above ground level.
The fixture shall focus and direct the light as specified in
subsection A above.
D. Recreational lighting may exceed the above height limit but is
subject to the following standards:
1 . All intensive recreational lighting shall be so located on
the property with reference to surrounding properties that
it shall be reasonably screened from view and
compatible with the existing or potential use of
neighboring properties.
2. No outdoor recreational facility, public or private, shall
be illuminated after 11 :00 P.M. except to conclude a
recreational or sporting event or any other similar
activity conducted at or in the facility which was in
progress under such illumination prior to 11 :00 P.M.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
* Underscore represents additions
** Overstrike represents deletions
26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
27.- Moved by Councilwoman Hussie, seconded by Councilman Townsend,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 13th day of December, 1994, a Local Law entitled, "A Local Law in
Relation to Senior Citizen Exemption"; and
WHEREAS, a public hearing was held on the 27th day of December, 1994,
at which time all interested persons were given an opportunity to be heard;
now, therefore, be it
RESOLVED that the Town Board hereby enact Local Law No. 31 - 1994,
which reads as follows:
LOCAL LAW NO. 31 - 1994
A Local Law in Relation to Senior Citizen Exemption
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 85 (Taxation) of the Code of the Town of. Southold is hereby
amended as follows:
1 . Section 85-1 .A. 0) Partial exemption for senior sitizens, is
hereby amended. to read as follows:
Extent of
Exemption
Income (percent)
up to $-12-024 up to $13,799 50
+27025 tO +27624 13,800 to 14,799 48 45
}2-625 to 1.3;2i4 14,800 to 15,799 40
+37225 to +3 8824 15,800 to 16,799 35
}37825 to +47424 16,800' to 17,699 30
+47425 to +57824 17,700 to 18,599 25
}57825 to +5-624 18,600 to 19,499 20
1.5-625 to 1.6;224 19,500 to 20,399 15
+67225 to 467825 20,400 to 21 , 299 10
312 DECEMBER 27, 199!4
2. Section 85-2A. Conditions, is hereby amended to read as follows:
No exemption shall be granted:
A. If the income of the owner or the combined income of the
owners of the property for the income tax year immediately
preceding the date of making application for exemption
exceeds the sum, of sixteen thousand eight -hundred twenty-
f-ive dollars f$}6 625-} twenty-one thousand two hundred
ninety-nine dollars ($21,299. ) . "Income tax year shall mean
the twelve-month period for which the owner or owners filed
a personal income tax return or, if no return is filed, the
calendar year. Where title is vested in either the husband
or the wife, their combined income may not exceed such
SUM. Such income shall include social security and
retirement benefits; interest; dividends; total gain from the
sale or exchange of a capital asset, which may be offset by
a loss from the sale or exchange of a capital asset in the
same income tax year; net rental income; salary or earnings;
and the net income from self-employment, but not including
-a return of capital, gifts or inheritances. In computing net
rental income and net income from self-employment, no
depreciation deduction shall be allowed for the exhaustion,
wear and tear of real or personal property held for the
production of income.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
Underline indicates addition.
** Overstrike indicates deletion.
27.- 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 action on the resolutions on our
agenda this afternoon. The hearings are finished. The time has come for
the opportunity for the people, who have come today, to give us the benefit
of your views on any subject of your interest.
DAVID CORWIN: My name is David Corwin. I'd like to address you on
four subjects, if I may? The first is master plan for parks. I asked you
two months ago, I guess, to consider a master plan for parks in the Town
of Southold. Specifically as it applies to the Village of Greenport, because
the bulk of the development is slated around that hamlet, and I would,
again, like to ask you to take some action on a master plan for parks to
begin acquiring property while property is available. My understanding is,
you have some money in a fund just for those purposes. Second thing I'd
like to address you on is Police protection in the Village of Greenport. If
you take a ride down Monsell Trail in the Village of Greenport, which is
the extension of North Street in the Village of Greenport, there's a lot of
illegal dumping going on along that road, and, I would like to see some more
presence of the police in the Village of Greenport to try to discourage this
type of thing.
SUPERVISOR WICKHAM: Excuse me, what street is this?
DAVID CORWIN: Monsell Trail, an extension of North Street.
COUNCILMAN TOWNSEND: It's a dirt road, and it's been dumped there
for many years.
DAVID CORWIN: For a long time, without question, but between the fees
at the dumps, and the change whatever, I don't know. There's a lot of
junk there. Broken windows, there's been a 'lot of broken windows in the
Village of Greenport. Some people would say it's the Fire Department. I
believe it's kids. I was driving down Main Street today, and I saw a
window broken. The Village Highway crew was cleaning up a broken window
in the old Mills Building, used to be a Bohack's building. It's just
kids, I think, kind of running wild. I think what the Village needs is to
see more Police cars riding around in the street to discourage this type of
activity. I see the Police cars parked head to head outside the Village of
Greenport. I don't know what they're doing, passing papers back and forth,
DECEMBER 27, 1994 313
or whatever. I don't see why they can't come inside the Village, and patrol
around the Village. If their presence was. there the people thought, oh, I
saw a cop an hour ago, they would be less likely to the vandalism. Also on
that subject, originally your study called for the hiring of seven men. Your
Police Chief wants to hire eight men. Now, the Town Board is proposing the
hiring of two men to take over the Village of Greenport's policing needs.
The third thing I want to address you on is the Committee of Local Taxes.
You had some people in here today, that had some very good ideas as far as
local taxes are concerned, 'but one thing that I think you should consider
doing is a reassessment of the whole town. I think there's a lot of money
there. Riverhead is going to full value assessment. Southampton is going to
full value assessment. Brookhaven just recently completed full value
assessment. My understanding of the assessment practice is you are assessed
on what it costs to build a house in 1953. Correct me if I'm wrong on that,
and over the years you've gotten a lot of disparities. Some people were
assessed too high. Some were assessed correctly. Some people were assessed
too low. The people that were too high. The people that were too high
figured the system out, and now they are were they should be. But the
people with them too low, they don't come in, and say raise my taxes. Well,
I say to you, there's money there to distribute to the Whole Town
assessment budget, if you would go ahead, and go to full value assessment.
The New York Times had an article today about Certiorari proceedings, and
if I could .I'd just like to read a couple of quotes 'to try to make my point
on this. According to the New York Times, what revolt has revealed, and
they're talking about Certiorari proceedings, is major inequalities in the
property tax system. Many houses have not been assessed since they were
built fifty years ago, when modest houses cost about $10,000. They're
talking about Nassau County there. They go on to say, but in equities that
accumulated over the decades through legal rulings, political decisions, and
shifts in construction costs exists. As a result. many house, usually older
ones, tend to be assessed with far lower figures, than compared to units.
We don't hear from homes that are under assessed, said Robert S.
Clinger, Town Attorney of Harrison. The problem could largely be
corrected by periodically assessments of all properties for County officials
say, local politicians have been loathed to do that, because they fear that
homeowners who end up paying higher taxes, would never forgive them at
the polls.. Well, I just have to say, your job is to make tough decisions,
take a stance, and I would encourage you to go ahead with full value
assessment. The final thing I'd like to address you on is Highway services
whole town. You responded to an inquiry I had two months ago, I guess,
Supervisor Wickham, in terms of $48,000 the Village of Greenport is paying
into Highway Whole Town, and 1, appreciate your response. I have been up
here several times at Budget hearings to bring up this subject. You are the
first person that had the courtesy to respond to my inquiry. I don't agree
with your conclusion, that the Village shouldn't get any services for
$48,000 they pay into Highway Whole Town. Be that as it may, thank you
for your response, however, I have to take an exception to the last line of
your letter, and you say, furthermore I think it would be difficult to find
some support on our Board for changes that would transfer additional tax
burdens from the Village to the Town until we, the Town, have digested the
current changes resulting from our taking up Police functions in the
Village. Maybe I'm interpreting this improperly. Correct me if I'm wrong,
but I think what you're saying is, gee, if the Town of Southold has got to
pay more, money to police the Village of Greenport, we're not going to even
consider that Highway Whole Town $48,000 the Village pays into the Whole
Town fund. The two are not connected. They're two different subjects. I
don't think that you should, or want to take any commutative measures
against the Village of Greenport, because they eliminated their Police
Department, and I just hope you will reconsider your position on this.
Thank you.
SUPERVISOR WICKHAM: Maybe I could clarify on that position. What I
really meant to say was, that there's going to be a period of adjustment and
digestion,. and we need to get through that period of digestion before we
take on any new, and possibly significant burdens. That's all. Not that
they're connected, not that this ' is for all time, but that the Board, I
think, is going to want to adjust, or digest the responsibilities we
currently have before we look at any other serious adjustments there.
DAVID CORWIN: Okay, fair enough.
31 4 DECEMBER 27, 1994
SUPERVISOR WICKHAM: Joe Townsend.
COUNCILMAN TOWNSEND: I'd like to respond to your comment on full
value assessment. Up until a few. years ago every town feared that they
would have to do it, because the law appeared to indicate that we had to be
assessed at 100. What has happened though with that, is that not only is it
a very costly process, , you know, the estimates are between $60. and $100.
per parcel to reassess, if you have some outside group do it, which most
communities do. The other problem is, that it rapidly goes out of date. You
mentioned Riverhead, for instance. I don't know when their reassessment
was done. I know now, that equalization rate is at thirty something
percent, low thirties. When they did it, it was 1000, so within four or
five years it's already gone down to 30%, so it constantly has to be done
over and over again, and nobody really has figured out how to do that, you
know, in-house costs. You know they had to increase their yearly in-house
costs. The second thing, you mentioned all these Certiorari that are being
filed by this new industry, the reduction of taxes industry, or whatever. I
think that to a degree that serves the same purpose in a way, even though
it works on the top half only, as you pointed out, because no one is going
to file for an . increase in their taxes. I think what happens is, now,
there's a whole other group of people that are slightly overassessed,
because their taxes have gone up, and now they're going to complain, and,
gradually you'll get to a point where it is easy for, you know, the
Assessors to go out, and pick up those degresslessly underassessed
properties. At that point, I think, it will gradually become easier and
easier to better equalization rate. I think our Assessors are doing that
now, doing a better job at it.
DAVID CORWIN: That's my point, to bring the people that are too low
up. I question when the Assessors are doing a whole lot about it, because I
don't think they particularly want to touch a hot potato either. Yes, you're
correct. The full value assessment loses it's value very quickly.
COUNCILMAN TOWNSEND: It's a very costly process.
DAVID CORWIN: It will bring the lower assessment up to make a fair
distribution of what a building is, and a fair tax, a real estate tax.
SUPERVISOR WICKHAM: Thank you, David. Yes, sir,. Mr. Siegmann?
ED SIECMANN: I appreciate what the previous speaker spoke about, but
when we talk about equities in taxes, your equity really is your school
taxes, and some of the other taxes, that you have, because two people
living side by side, one with a household with a $30,000.00 income, another
one with a household of a $100,000.00 income, both assessed at the same
value, have to pay the same taxes. This is where your inequity is, and it's
time that people who are looking for inequity in this area, -or in any area,
turn their argument to correcting these situations, and 1 think it will do
maybe a lot more than your assessed valuation will do, although I'm not
opposed to assessed valuation being looked at, but let's do the important
things first.
SUPERVISOR WICKHAM: Thank you, Ed.
RICH BURDEN: My name is Rich Burden. I live at 2800 Old Jule Lane.
I called your house the other morning, Mr. Wickham. We have a problem on
Old Jule Lane, and I approached the Highway Department about a year ago
about it after the October storm, and was told that in the Spring they would
get some surveyors out. The water breaches over on Old Jule Lane now
for some reason, and it did it once, and I checked with the neighbors. It's
done it once in about ten years. The last three years it's been pretty
constant, to severity where the Radich house across street the kitchen
table floated out the window. If someone ever goes down there from the
Board, and just wants to take a look, pass my basketball shoot on the left
hand .side there is a sign that says, children at play. . You'll see the sign
way up in the air, and the water was over children. Okay? I' will bring you
pictures, if need be, but I don't think anybody on the Board really realizes
how severe the water is down there. The house two houses down from me,
on this last storm, had eight inches through the center of the house. The
bottom line is, that up the street without using names or anything, there's
a house that has a drain, that's right smack in his driveway from the Town
DECEMBER 27, 1994 315
running right into the creek, and we can't get anything done down here.
I've asked. It's been three years. I've-put up with three storms. My boat
floated off the trailer, was in the middle of Old Jule Lane at the last
storm. We could go on and on. The guy's Cadillac.. . I drove a rowboat over
a guy's Corvette next door, and looked down through his glass top roof.
.The bottom line is nothing is being done, and you know, could we
somehow. .all I'm asking the Board is to come up with a time frame or policy.
SUPERVISOR WICKHAM: Okay, can I just respond? After you called I
spoke to our Superintendent of Highways, and he had a few suggestions,
and I suggest that he, and maybe, I and you, go and have look at the
place, take a look at it, and come up with a plan. It's hard for the Board
to deal with this in the absence of a plan from our Highway Superintendent.
He's the guy who really—and he has some ideas on how .to address it. So,
what we need to do is get a plan from him, that may require some additional
support from the Board, but let's bring him up there, and he would like to
come.
RICH BURDEN: That's fine. The only reason I came up tonight is because
I spoke to him on the phone a year ago at the October storm. They've been
very good to respond with pumps two days at a time. You spend a ton of
money if there are guys sitting there with pumps to pump out the street.
The bottom line is, a year . ago they said in the Spring they would send
someone down with some surveying equipment, get an idea of what is going
on, and again, I was been flooded, and so were all my neighbors, and no
policy is in effect. So, let's get a policy going.
SUPERVISOR WICKHAM: Could you remind us of your phone number again?
COUNCILMAN TOWNSEND: I'm familiar with the property down there. I
know the house across the way. I knew the previous owner of the house
across the way, that they recently built up. That is going to be an
increasing problem around Southold Town. I can speak to that from personal
experience, in that when I bought my house, the. first ten years I didn't
have a problem, and then since 1989, since the hurricane, my basement been
totally full a couple of times, and water is all around the foundation.
Next time it may come over my first floor, I don't know, but it's something
that FEMA has been looking at. I know, for instance, you can now buy
flood insurance for repeated, if you've been flooded several times over the
last ten years, you can buy what's called remediation, which will allow you
to lift your house up, and do some major construction things. That's a
Federal program, and that's something you should look into.
RICH BURDEN: Mr. Radich, you know, on his house, the FEMA people
bought the mortgage on his existing house, and gave him X-amount of
dollars, the way I understood it, and then gave them a 4% mortgage with the
additional money added on to raise his house, and don't get me wrong, he
raised his house, but that's not solving the problem of water coming in, and
I have to tell you it's only breaching in two spots. I think that if we
address this it's curable. We can cure this problem. I'm sure it exists in
other areas of the town, but this one is more severe.
COUNCILMAN TOWNSEND: I'm not saying it can't be addressed, but
townwide there will be many areas, like myself, there's, no way the town
can address my problem, unless they allow me to build up on pilings, you
know with the ordinances and so forth, I probably won't be able to touch it.
RICH BURDEN: That's the problem I have. I'm trying to put a built in
pool in the house, and I'm up to $4,000.00 just in normal—excuse me, that
you addressed Mr. Lizewski, I'm up to $4,000.00 in fees to the town,
DEC, and everything just to put a normal swimming pool in the back of my
property. I mean, it just does not 'stop. 1 just had to come down, and for
another $750.00 the square foota.ge report, you know. . .
COUNCILMAN TOWNSEND: It's costly, but you pay the price of being
near the wetlands. I'm not saying, you're not being treated, you know,
poorly, I don't know, but the fact is that it's—thirty years ago there were
very few houses on the water. Now, there are a lot, and there's going to
be a lot of problems in the future because of that. At least that's what the
insurance industry thinks, and that's why we're having such a hard time
getting insurance on the water, and they're increasing.
316 DECEMBER 27, 1994
SUPERVISOR WICKHAM: We'll take a look at that. Yes, sir, Mr. Carlin?
FRANK CARLIN: Frank Carlin. 1 have two questions. I spoke to you,
Tom, about two months ago about the North Fork Animal League, and you
told me you were going to look into it, and you didn't, and it looks me you
just took it over. There's too much going by. Has the Town signed a lease
yet for that property for the North Fork Animal Shelter? What's holding it
up?
SUPERVISOR WICKHAM: Just today we agreed to a three year lease for the
North Fork Animal Welfare League to continue their Dog Control services.
We, also, have in an advanced stage of preparation a long term agreement
by which the North Fork Animal League will build a building on Town owned
property. This is almost ready to go. It will probably be one of the first
things we do in 1995.
FRANK CARLIN: That's good. Number two, in October you had a public
hearing on Community Development Block Crant, $160,000.00. Is there
anything in writing, or could you tell me actually, what you decided on
where to spend that money?
SUPERVISOR WICKHAM: We had a public hearing in which a number of the
items were listed, where that money would go. I don't have the list in
front of me, but I think some of it included the North Fork Housing Alliance
rehabilitation of homes, and so on.
TOWN CLERK TERRY: They adopted it. They adopted the Budget for it.
FRANK CARLIN: Okay, just this final one here. I've lived in this town
for over forty years, and I could never figure .out why Creenport was an
incorporated village. I could never figure that one out, perhaps back in
the historical days or whatever, but I don't understand it, because I'll
tell you why. On general election, they can vote on a general election, but
we can't vote in the Village election. To me that's odd. Again, another
point here,: they had the opportunity to vote to abolish the ' Police
Department, but yet Southold didn't have the opportunity to vote if we
wanted to accept it. Now, they're getting rid of the judge. Evidently, it's
Southold Town's responsibility to be taking that over. Can anybody on this
Town Board tell me, by Southold Town taking over the Justice system,
which I understand when they dropped the bomb on the guy who had cases
on file, that they would increase our load on our judges here in this town,
in our town, in Southold? It's bound to. It's going to. To increase a
load, going to increase a load on. our judges here in Southold Town, because
I can see it coming in the future, just like the Police Department here.
Well, down the line they're going to say, we can't handle all these cases,
we're going to have to hire another judge. Another judge needs a
secretary, or a typist, or whatever. I can see that coming the future. So,
I don't understand, and I don't understand why we didn't, in Southold,
didn't have the opportunity to vote if we wanted - to accept the police
department. You said yourself, Tom, that one public meeting there, that we
didn't have to take them. You said that at a public meeting, when it was
about the police department, we don't have to' actually take that
responsibility over. I believe you said it. I might be wrong. Anyway, I
don't knovy why we never had the opportunity for our taxpayers in Southold
Town to give our opinion, to be able to vote, if we wanted to take this
over. But, I can see it coming, and I don't think that our Judges can
handle, are going to handle that extra work load; and an example, Judge
Evans, it's going to increase her work load, too, being part of the justice
system coming over here from Fishers Island. I can see it coming in the
future, and I wouldn't be a bit surprised that you're going to see, we need
another judge, the judge goes the whole thing, or whatever. Anyone on
this Board answer my question? I guarantee this would happen.
SUPERVISOR WICKHAM: I can only say two things. One is, that without a
police force, without a village police force, there really isn't a lot of
logic in continuing the justice system in Creenport. So, from a logical
point of view, there's not a lot of logic to continue it, and it's quite a
substantial cost associated with it, that doesn't have a lot of
justification. But, that's a decision they're taking, not us. As to the
impact in Southold Town, the judges have informed me several times, that
they think they can undertake the additional load with those additional
DECEMBER 27, 1994 317
cases from Creenport, as an insignificant increase in their current load.
Yes, there's some increase, but, no, it's not significant to the point that
it would require hiring new people; or new staff to do that. So, that's
what they've advised us. We're going to have to .watch them, Mr. .Carlin.
We're going to have to see exactly how it's going to play out. (tape change.)
FRANK CARLIN: Budget of 7.40, now tax up 7.8%. Cot an increase from
the Suffolk County for 330, and thanks to Suffolk County Legislators, you
-did a good job on Southold here. We pay the highest County tax there is.
Even Easthampton has minus 37, Shelter Island a minus 25. Why do we
always get the short end of the stick here in Southold Town as taxpayers?
SUPERVISOR WICKHAM: Thank you, Frank: It's nice to have you with us.
COUNCILWOMAN HUSSIE: Mr. Carlin, you did have one question about,
we in the Town of Southold did not have the opportunity to vote on the
changes, that happened in Creenport. The State Law, not our laws, but
laws of the State of New York dictated that we don't have an opportunity to
do that. The State Law says, that if a village abolishes something the town
must take it over. It's not, if we want to or not.
FRANK CARLIN: Just pick up the phone, and say, Mr. State, you want
us to take it over, then you help us pay for it.
COUNCILWOMAN HUSSIE: We'd love to do that.
COUNCILMAN LIZEWSKI : Same thing with the County. If we disbanded
our police force, Frank, the County would have to service us, but we lose
the right to say how many police we have doing it, just like the village has
lost the right to say how many police they're going to have.
FRANK CARLIN: I don't know, 33% County tax this year for us out here,
what do we get here for service? What do we get? One more question,
Tom. Request in there that a study be made on that no parking zone in
Laurel, have you ever written to the Department of Transportation, also, to
study putting in traffic lights, again, I keep mentioning this, in the AEP,
and the King Kullen shopping center? Have you people been pushing this?
SUPERVISOR WICKHAM: Yes, in several respects we have explicitly for
that areas, and beginning next year we anticipate having a major
transportation study done of the whole town, that will give considerable
focus to that particular problem area. We recognize it's a problem area. We
want to deal with it. We want to straighten it out, and make it a safer
place.
FRANK CARLIN: Every time I go by that traffic light on Main Road and
Cox Lane there, I almost cry. They can put eight of them up there, but
they can't put any of them up in the King Kullen or ABP. I almost cry.
You know another thing is, they've got a ,no-walk light up there, too, a big
.red light, and a no-walk sign up there on the south side of the road, and
there ain't even no sidewalk.
SUPERVISOR WICKHAM: Anyone else like to address the Board on any
matter? Yes, sir, Mr. Jens?
FRED JENS: Feasibility without raising my taxes. I think I addressed you
about four months ago, and I don't know if anything transpired. The
shoulder on Sound Avenue from the start of 48 west to the Riverhead Town
line. You know the reason I requested this is, the bike traffic in that
area, and with the businesses, myself, Harbes' farm stand, and whatnot,
it's not a pressing thing, I was just wondering whether any thought was
given. The road is fine. There's no problem, but the bicycle track in there
is horrendous, and half of the time that's what ties up the traffic is the
bicycles, without raising my taxes.
SUPERVISOR WICKHAM: That's a switch. The car traffic is fine, but the
bicycle traffic is horrendous. What you're asking is, can an apron be made
to accomodate bicycle traffic on the side?
FRED JENS: Right now, there's gravel.
318 DECEMBER 27, 1994
SUPERVISOR WICKHAM: We'll put that in as part of the study. Would
anyone on the Board have any additional comments?
COUNCILWOMAN OLIVA: I would just like to wish everybody a very
Healthy and Happy New Year.
SUPERVISOR WICKHAM: A motion to adjourn?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 6:03
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Liiewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk