HomeMy WebLinkAboutTB-09/22/1992 125
SOUTHOLD TOWN BOARD
SEPTEMBER 22, 1992
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny, IV., Councilman Thomas H. Wickham, Councilman Joseph J.
Lizewski, Councilwoman Alice J. Hussie. Also present: Town Attorney Harvey A.
Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:40 A.M. - Mr. Ed Siegmann met with the Town Board to bring them statistics he
received from the Assessors with regard to his discussion with the Town Board on
August 25th about an increase in the senior citizen exemption to $19,800, the amount
allowed by the County of Suffolk.
10:00 A.M. - For Discussion Items: (1) Letter from Calocerinos S Spina, the
Town's engineers for Elizabeth Field Airport, advising them that Falvey Construction
corporation, who is the contractor for airfield lighting, ' visual aids, and electrical
building, is requesting additional monies to cover the increase in labor costs due
to the updated prevailing wage rate schedule. C&S advises—the Board that the
request is not warranted for several reasons, and Town Attorney Arnoff will respond
to C&S that the Board concurs with their reasoning for denying Falvey's request.
(2) Councilwoman Hussie discussed with the Board her proposal that in an, effort
to obtain compliance with various ordinances, a notice be placed in the newspaper
citing the need for permits for certain key laws. Councilman Wickham suggested a
meeting between the enforcement personnel and the Town Board to formulate a plan.
Councilman Lizewski. said he thinks there should be a complaint ;:log and people
should be made to put their complaints in writing be enforcement:. personnel take
action. (3) Councilwoman Hussie brought before the Board the possibility of paying .
for garbage by the pound, and it was the general consensus that it is worth the
Solid Waste Task Force looking into.
10:35 A.M. - Emanuel Kontokosta, and Howard Pachman, his attorney, and Karen
Brown, Mr. Pachman's associate, met with the Town Board to alternative proposals
for the two parcels he has under consideration by the Town Board for change of
zones. On the Jem Realty parcel, Greenport, Mr. Kontokosta offered to the_ Town
Board a proposal -to reduce the 151 1 /4 acre parcels and 19 one acre parcels on Long
Island Sound to 84 1 /2 acre parcels and 19 one acre parcels on the Long Island
Sound. On the Southold Commons parcel Mr. Kontokosta offered the Board a
proposal to reduce the 105 units to 64 units at 1 /2 acres each. In each of the
proposals 20o would be affordable, and he would be willing to accept the Town's cost
criteria. The Town Board took the matter under advisement.
11 :50 A.M. - For Discussion Items (continued) : (4) Councilman Penny brought
to the • Board's attention - the proposed Jobs for the New, New York Bond Act, which
if approved by the voters on November 3rd will authorize the State to raise $800
million through ' the sale of general obligations bonds to help finance infrastructure
improvement projects that will create or retain productive jobs in the private sector.
It was agreed that Coordinator of Program Evaluation McMahon, Councilman Wickham,
and Councilwoman Hussie will work up a schedule of suggested projects . for
consideration by the Town Board so a_ preliminary application can be filed which
would allow the Town to be eligible for Jobs Bond Act funding. (5) Selection of
candidates to the Board of Assessment Review was discussed during: Executive
12 6 SEPTEMBER 22, 1992
Session. (6 & 7) Receipt of two memorandums from the Planning Board. One as
the submission of proposed site plan amendments to the Zoning Code, and the other
was the Planning Board's opinion on the legislative intent of Article XXV of the
Zoning Code. The Town Board, by resolution No. 24, asks the Board of Appeals
for an official interpretation with respect to site plan approval and review.
12:40 P.M. - Recess for lunch.
1 :25 P.M. - Mary Ann Fleischman, Youth Board President, met with the Town Board
to discuss the recently submitted Needs Assessment as prepared by the Youth
Board.
2 :02 P.M. - For Discussion Items (continued) : (8) Board decided to advertise for
a second week the public informational meeting to be held on October 6th
concerning the Town's intended acquisition of the North Fork Bank's former
Mortgage/Computer Center for a new Human Resource Center (see resolution no.
27) . (9) Proposed change order for the Scavenger Waste Treatment Plant
Modifications project (see resolution no. 28) . (10) Letter from the Planning Board
requesting the Town Board to refund the $2,800 subdivision application to Carmine
Rufrano who has failed to pursue his application and has asked for a refund. The
Board will again ask the Planning Board to provide details of the amount of time
spent on this application before considering a refund. (11) Set October 1 , 1992,
beginning at 3:45 P.M. for interviewing applicants for Board of Appeals position.
(12) Authorized payment for secretarial work for Stewardship Task Force July 16th
meeting (see resolution no. 29) . (13) Proposed resolution petitioning the U.S. Fish
and Wildlife Service to place Robins Island on the National Priorities List for land
acquisition (see resolution no. 30) .
2:45 P.M. - The Town Board reviewed the resolutions to be voted on at the 4:00
P.M. Regular Meeting.
EXECUTIVE SESSION
3:00 P.M. - On motion of Councilwoman Hussie, seconded by Justice Edwards, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham,
Councilman Lizewski, Councilwoman Hussie.--Discussed contract negotiations
concerning the Fishers Island Garbage and Refuse District, personnel, appointments
to the Board of Assessment Review (see resolution no. 31) , setting a disciplinary
hearing for Police Officer James Mellas (see resolution no. 32) .
3:50 P.M. - Work Session adjourned.
127
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held Tuesday, September
22, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened .the meeting at 4:00 P.M. , with the Pledge of Allegiance to the
Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J . Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: It's nice to see you this afternoon. We have a short
order of business, and we'll be moving very quickly through the agenda. The
first order of business is the audit of the bills from September 22, 1992. 1
need a motion, and a second.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the folloiwng audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $163,498.48; General Fund Part Town
bills in the amount of $56,955.14; Nutrition Fund bills in the amount of $3,402.51 ;
Adult Day Care bills in the amount of $236.09; SNAP Program bills in the amount
.of $2,353.46; EISEP Program bills in the amount of $183.20; Highway Fund Whole
Town bills in the amount of $14,647.57; Highway Fund Part Town bills in the
amount of $23,797.21 ; Hydrogeolic Landfill Study bills in the amount of $828..00;
Waterfront Revitalization bills in the amount of $1 ,686.00; Scavenger Waste Facility
bills in the amount of $14,330.75; Employee Health Benefit Plan bills in the amount
of $17,565.27; Fishers Island Ferry District bills in the amount of $24,304.45;
Southold Wastewater District bills in the amount of $22,633.34; Fishers Island
Sewer District bills in the amount of $191 . 19; Fishers Island Ferry District Agency
S Trust bills in the amount of $704.34.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes of September
8, 1992, regularly scheduled Southold Town Board meeting.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the Town Board meeting of September 8; 1992,
be and hereby. approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion and a second to set a Special Town
Board meeting at October 1 , 1992, at 3:30 P.M.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that a Special Meeting of the Southold Town Board will be held at
3:30 P.M., Thursday, October 1 , 1992, at the Southold Town Hall, Southold,
New York.-
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, .Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to set the next regularly scheduled
Southold Town Board meeting at October 6, 1992, at 7:30 P.M.
Moved by Councilwoman Hussie,. seconded by Councilman Penny, it was
RESOLVED that the next regular- meeting of the Southold Town Board will be
held at 7:30 P.M. , Tuesday, October 6, 1992, at the Southold Town Hall,
Southold, New York.
-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
128 SEPTEMBER 22, 1992
SUPERVISOR HARRIS : At this time, I'd like to do a proclamation in recognition
of National Fire Prevention Week, and if I could have the following individuals
from the Suffolk County Fire Services come forward, who are here representing
the _various agencies. Please do so now. This proclamation goes, obviously
without saying, as far as the men and women who put their lives on the line
on a daily basis as volunteers in the Fire Departments throughout this township
of ours. This proclamation I think,is pretty self-explanatory, and I'll read
for you-" gentlemen, and the people of this town at this time.
Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, thousands of men, women and children die and suffer serious injuries
in fire each year; and
WHEREAS, many thousands of homes, schools, businesses and other property
are destroyed by fire, resulting in untold economic and personal loss; and
WHEREAS, adequate fire prevention precautions would have prevented much
of this loss of live and property; and
WHEREAS, the Fire Services of the Town of Southold dedicate themselves to
not only extinguish fire, but to try and educate the public about the dangers
of fire; now, therefore be it
RESOLVED, that the Town Board of the Town of Southold hereby proclaims
October 4 through 10, 1992 as NATIONAL FIRE PREVENTION WEEK in the Town
of Southold, and urge all citizens of the Town of Southold to dedicate themselves
to a year-round campaign against the ever present menace of fire; and be it
further
RESOLVED, that the Town Board joins with all of the Fire Services in the County
of Suffolk on Thursday, OCTOBER 8, 1992, at 7:00 P.M., which has been declared
County-wide OPERATION E.D. I .T.H. "EXIT DRILL IN THE HOME" DAY, which
is designed to cause families to discuss and preplan their emergency exit drills;
test their smoke detectors; and practice the plan so that each member of the
family will know what to do during a fire emergency.
Dated: September 22, 1991 .
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, - Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: On behalf of the Town Board, we extend, certainly,
a sincere congratulations, and tireless effortness on your part to continue in
the pursuit of safety for all our residents. The proclamation, Lennie, will be
presented to you, and I'm sure that you'll find a place of distinction to hang
this amongst all your fire services, and we'd like to thank you gentlemen for
coming, and please extend back to all the departments, this Town Board is with
you, and continues to support you in all your endeavors for many, many decades
to come.
I . REPORTS.
1 . Laurence. Healthcare CSEA Benefit Report for August, 1992.
2: Laurence Healthcare PBA Benefit Report for August, 1992.
3. Southold Town Planning Board Monthly Report for August, 1992.
4. Southold Town Justice Edwards' Monthly Court Report for August,
1992.
5. Southold Town Community Development Monthly Report for July, 1992.
6. Southold Town Police Deparment Monthly Report for August, 1992.
7. Southold Town Developmentally Disabled Recreation Program Report
for September, 1992.
8. Councilmen's Report.
9. Supervisor's Report.
11 . PUBLIC NOTICES.
1 . New York State Department of Environmental Conservation, Notice of
Complete Application of David Weild III to construct a new bulkhead, raise
height of existing bulkhead, place fill on upland, place rip-rap, construct berm,
plant vegatation, renovate dwelling and garage at New Suffolk Avenue, Cutchogue,
New York.
2. New York State Department of Environmental Conservation Notice of
Complete application of Daniel J. McConlogue to construct an addition to attach
to an existing dwelling and stabilize an eroded slope adjacent to Marion Lake.
The site is located on Truman's Path, East Marion, New York. Written comments
no later than October 16, 1992.
SEPTEMBER 22, 1992 129
III . COMMUNICATIONS.
1 . Don Rosen, President of the Laurel Lake Property Owners in favor-
of the purchase of certain Laurel Laek property.
IV. PUBLIC HEARINGS. None.
V. RESOLUTONS.
SUPERVISOR HARRIS: As we move on with the agenda, before we go into
resolutions, are there any members of the audience that would like to speak
on any issue on a resolution, that we'll be enacting in the next few minutes?
(No response. ) If not, let's start with Judge Edwards with the first resolution.
I .-Moved by Justice Edwards, seconded by by Councilwoman Hussie,
WHEREAS, as energy use links our local economic and environmental conditions; and
WHEREAS, as increasing energy efficiency will reduce the consumption of fossil
fuels and electricity; and
WHEREAS, as a reduction in the demand for energy due to efficiency will result
in dollar savings and reduced air pollutants; and
WHEREAS, as these "saved energy dollars" can be used for other economic
work; and
WHEREAS, . as the reduced production of pollutants will help protect and preserve
our environmental and human health; and
WHEREAS, as the United States and New York State governments declare October
as Energy Awareness Month; now, therefore, be it
_ RESOLVED that the Town Board of the Town of Southold hereby declares that
October be proclaimed ENERGY EFFICIENCY MONTH IN THE TOWN OF SOUTHOLD,
and encourages the citizens of Southold Town to work toward making thier home
and work places more energy efficient; and be it further
RESOLVED that this proclamation reminds us that our energy challenges call
for concerted, cooperative efforts among the local governments, the states, .the
federal government, and the private sector, and we must begin our work toward
a sustainable energy future, and energy efficiency is the first step.
1 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Lizewski, seconded by Councilman Wickham, 'it was
RESOLVED that the application of Jane and Joseph F. Barszczewski, Jr. for
renewal of their trailer permit, for storage trailer located on Kerwin Boulevard,
Greenport, which permit expires on October 7, 1992, be and hereby is granted
for a six (6) month period.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes- the
refund of $152.80. to Spanos Service Station, which sum represents an application
fee to the Planning Board for a proposed site plan, and was found to be unaccep-
table as the Planning Board determined that the nonconforming use had been
dicontinued for more than two years and is no longer permitted.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain:Councilman Penny.
This resolution was declared duly ADOPTED.
4.-Moved by Councilman Wickham, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of John -McCormick, member of the Southold Town Conser-
vation Advisory Council, effective September 16, 1992, and extends to Mr.
McCormick their sincere thanks and appreciation for the time and expertise he
devoted to his position as a member of the CAC.
4,-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like-to thank Mr. McCormick for his time that he
has put in on the Conservation Advisory Council. We're sorry to see good
members go from these voluntary boards, and certainly this individual, we hope
will be replaced with a person that will be as diligent as he was in his
attendance at the meetings. _
130 SEPTEMBER 22, 1992
5.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for one (1) member of the
Conservation Advisory Council wo fill the unexpired term of John McCormick
to June 18, 1994.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by. Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
revised amount of $52,250.00 .for bond for roads and improvements in the minor
subdivision of Baxter Sound Estates, Cutchogue, with an administration fee of
$3,135.00, all in accordance with the recommendation of the Southold Town Planning
Board and Engineering Inspector James A. Richter. -
6.-Vote of the Town Board: Ayes : Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
revised bond amount of $34,950.00 for a bond for roads and improvements in
the Southold Villas subdivision, Phase II, Southold, with an administration fee
of $2,097.00, all in accordance with the recommendation of the Southold Town
Planning- Board and Engineering Inspector James A. Richter.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 8, approving and adopting Form No. 4A, Certifi-
cate of Compliance to be used by the Southold Town Building Department, is
held.
9.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1992 Budget
to cover over line items:
To: ..
A7180-.1 Beaches, Personal Services $ 6,000.00
A7320.1 .Joint Youth Project, Personal Services 3,000.00
From:
A7180.2 Beaches, Equipment $ 2,000.00
A7180.4 Beaches, Contractual Expenses 4,000.00
A7320.4 Joint Youth, Contractual Expenses 3,000.00
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.�Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of .the Town of .Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1992 Budget
to appropriate Park & Recreation funds for the following: Goldsmith Inlet
Dredging: $ 3,918.75; Mattituck Boat Ramp: $100.00:
To:
Revenues:
A2925 Special Recreation Facilities $ 4,018.75
Appropriations:
A7110.2 Parks, Equipment $ 4,018.75
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SEPTEMBER 22, 1992 131
11 .-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1992 Budget modification to the General Fund - Part Town to cover
overdrawn appropriation:
To:
B8020.4 Planning, Contractual Expenses $ 1 ,000.00
From:
B1989.4 Funded Deficit, Contractual Expenses $ 1 ,000.00
11 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1992 Budget modification to the General Fund - Part Town to provide
additional appropriation for legal expenses as follows: Zahra Action: $ 32,000.00;
PBA PERB action: $ 1 ,100.00:
To:
131420.4 Town Attorney, Contractual Expenses $ 33,100.00
From:
131910.4 Unallocated Insurance, Contractual Expenses $ 33, 100.00
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13a.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects all bids
received on September 10, 1992 for the purchase of one (1) emergency generator
system 'for the Southold Town Police Headquarter and the installation of one
(1) existing Town-owned generator at the Southold Town Hall, all in accordance
with the recommendation of Commissioner of Public Works Jacobs and the
Southold Town Attorney's Office.
13a.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13b.-Moved by Councilman Lizewski, seconded by Supervisor Harris, . it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to re-advertise for bids for the purchase -of one (1)
emergency generator system for the Southold Town Police Headquarters, and
the installation of one (1) existing Town-owned generator at the Southold Town
Hall, all in accordance with revised bid specifications.
13b.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
14.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to advertise for
bids for drydocking MV RACE POINT for periodic inspection, refurbishing of
her underwater body, and such repairs as may be found necessary, all in
accordance with prepared specifications.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved .by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to accept the proposal
and enter into a contract with DOCKO, Inc. for professional engineering services
in connection with the proposed development and expansion of the Ferry District's
New London Terminal facility, .at a total cost of $56,600.00.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizew.ski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
132 SEPTEMBER 22, 1992
16.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for 10,000 cubic yards (more or
less as may be needed) of soil to be used for covering purposes at the Southold
Town Landfill.
t6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 17, appointing James A. Richter as Engineering
Inspector, is being held.
18.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a
reimbursement of 204 per mile to Thomas McCaffery who held the position of
Playground Instructor (and assisted Recreation Supervisor Peeves) during the
1992 summer season.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute agreements with the following
individuals or businesses for the 1992 Fall Recreation Programs, all in accordance
with the approval of the Town Attorney:
Thomas Boucher (guitar) $15.00 per class (1 hour class)
Shirley Darling (tennis) $14.00 per class (1 hour class)
East End Insurance Services (defensive driving) $35.00 per person enrolled
Tom Fox (cartoon drawing) $15:00 per class (1 hour class)
.Dan Gladstone (violin) $25.00 per class(1-1 /2 hour class)
Hidden Lake Farms Riding School (horseback) $150.00 per person enrolled
Island's End Golf Club (golf) $37.50 per person enrolled
Ed Johnson (drawing) $12.00 per class (1 hour class)
Matt Kiernan (youth basketball) $15.00 per hour (4 hours total)
Eleonora Kopek (arts 6 crafts) $15.00 per class (2 - 45 minute c,6
Mattituck bowling (bowling) $2.25 per person per game
Jennifer Shank (drawing). . $20.00 per class (1-1 /2 hour class)
JoAnn Terkowski (folk dancing) $20.00 per class (1-1 /2 hour class)
Lynne Wentworth (drama) $14.00 per hour (1 hour class)
19.-Vote of the Town. Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Nloved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer
A. Shank and Noreen Frey as part-time Clerks in the Town Clerk's Office to
work under the Records Management and Inventory Program Grant, effective
September 23, . 1992, 17-1/2 hours per week, at a salary of $6.00 per hour.
20..-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants per-
mission to Country Time Cycle, Mattituck, to use Elijah's Lane, Oregon Road,
Grand Avenue, Wickham Avenue, Mattituck, and Bridge Lane, Cutchogue, for
their Biathalon Competition, to be held on. Sunday, October 18, 1992, beginning
at 8:00 A.M. , provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an additional
insured.
21 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SEPTEMBER 22, 1992 133
22.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby/ authorizes the
following budget modification with the 1992 Highway Budget:
From:
DA 9010.8 New York State Retirement $ 10,000.00
To:
DA5140. 1 Weeds S Brush/Miscellaneous $ 10,000.00
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to assessor Chairman Scott A. Russell, and Assessor Darline J . Duffy to attend
a "Introduction to the Income Approach" course to be held at Orange County,
New York, from October 26 through October 30, 1992, and the necessary expenses
for registration, travel, meals and lodging shall be a legal charge against the
Assessors' 1992 Budget.
SUPERVISOR HARRIS: This is for certification, ongoing certification for the
Assessors.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilman Penny, seconded by Councilwoman. Hussie,
WHEREAS, pursuant to Section 100-271 D of the Zoning Code of the Town of
Southold, the ,issue of the interpretation or meaning of any provisions of this
Chapter, or of any condition or requirement specified or made under the provi-
sions of this Chapter, shall rest in the Zoning Board of Appeals; now, therefore,
be it
RESOLVED that the Town Board of the Town of Southold hereby requests that
the Zoning Board of Appeals render its opinion in accordance with the aforemen-
tioned Section on the following question: "Who has the authority under the Southold
Town Code to determine in the first instance whether or not a particular applica-
tion must go before the Planning Board for site plan review and approval?"
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman ,'
ouncilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
COUNCILMAN WICKHAM: I'd like to very briefly comment on this. There is
a legitimate question in the Town Code, as to who has _responsibility for this
particular issue, and I think the proposal to take it to the ZBA is a appropriate
procedure. They are the body to do that. The reason I don't support it, is
basically I think it raises an unnecessary question for a system that is operating
very well under the present circumstances. Normally the question of this kind
is a result of turf battles, where you have two agencies who are basically 'competing
for authority. In this case, neither the Building Inspector, nor the Planning
Board has a problem. They've both been working very smoothly, and effectively,
up until now. There's no reason to suspect a turf problem, and it's basically
the wish of those people on the Town Board, who brought the issue forward
to resolve it, and to get a clear cut deferentiation, and a response here. The
system has worked well in the sense that the Building Inspector, and the Planning
Board communicate quickly, and easily, and resolve the question in their own
manner quite in a straight forward way. It hasn't been brought to my attention,
that there are numbers of people out there, who have been inconvenenbed because
of this question of responsibility, and who has the authority, and my impression
is that the public is well served under the present arrangement.
25.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the .Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an amended agreement between
the County of Suffolk, Department for the Aging and the Town of Southold,
for the EISEP-H/C (Expanded In-Home Services for the Elderly Program House-
keepter/Chore Program) , to reflect a 2.5% annualized reduction to the program _
for the period of October 1 , 1.992 through December 31, 1992, all in accordance
with the approval of the Town Attorney.
25.-Vote of the Town Board: Ayes:-Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
134 SEPTEMBER 22, 1992
26.-Moved by Councilwoman Hussie, seconded by Supervisor Harris; it was
RESOLVED, that the Town Baord of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute the general release by the
Suffolk County Water Authority for purposes of installing a test well on property
owned by the Town located in Cutchogue, Town of Southold and known and
designated as Suffolk County Tax Map No. District 1000, Section 102, Block
1, Lot 4. 14 (also known as "The Woods at Cutchogue") . Suffolk County Water
Authority to share the test well information and data with the Town of Southold.
26.-Vote of the Town Board: Ayes : Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to readvertise, on October 1 , 1992, notice of the upcoming
Public Informational Meeting on the question of the acquisition, by the Town
of Southold, of the North Fork Bank's former Mortgage/Computer Center, said
notice to be published in The Long Island Traveler-Watchman and The Suffolk
Times in a display ad format.
27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Change Order No. 1 for the Southold Scavenger Waste Treatment Plant Modifi-
cations, in the amount of $4,419.25, for the contractor, Bensin Contracting,
Inc. to remove, clean and reinstall piping for odor control, install condensate
trap and make necessary field connections, all in accordance with the approval
and recommendation of Comeron Engineering, P.C. , the Town's engineers for
the project.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
payment in the amount of $71 .25 to Evelyn DeLuna who performed secretarial
work for the Stewardship Task Force meeting of July 16, 1992, which sum
represents 9-1 /2 hours of work, at $7.50 per hour.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, from time to time the Town Board of the Town of Southold has
adopted resolutions supporting preserving Robins Island through public
acquisition; and
WHEREAS, the County of Suffolk was authorized under the 1986 Open Space
Program to purchase Robins Island for $9.2 million; and
WHEREAS, the County has been prevented from closing due to legal proceedings;
and
WHEREAS, such public agencies as the State Department of Environmental Conser-
vation and the U.S. Fish and Wildlife Service have expressed the desire to assist
in the effort to preserve Robins Island in its entirety rather than see the
opportunity to acquire it lost; and
WHEREAS, the U.S. Fish and Wildlife Service has expressed an interest in
including Robins Island in the National Wildlife Refuge System; now, therefore,
be it
RESOLVED that the Town Board continues to support the county acquisition
of Robins Island; and be it
FURTHER RESOLVED that this Town Board petitions the U.S. Fish and Wildlife
Service to place Robins Island on the National Priorities List for land acquisition
so that any federal funding that -might be available could be used to assist with
the acquisition of the entire Island, and federal participation in the acquisition
effort will enable payments in lieu of tares to become part of the process.
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham.
This resolution was declared duly ADOPTED
COUNCILMAN WICKHAM: Copies of this resolution would go to the U.S. Fish
and Wildlife Service, Honorable George Hochbrueckner, Honorable Robert Gaffney,
and Honorable -Michael Caracciolo.
SEPTEMBER 22, 1992 135
SUPERVISOR HARRIS: I introduced this resolution today to the Board; and
discussion pursued following in reference to the payment for the lieu of taxes
for the New Suffolk School District. I think this issue will be resolved once
and for all, once the acquisition takes place by whomever, and I hope that in
the years to come that the acquisition of many properties throughout the Town
of Southold that have major impacts, environmentally and economically will all
be resolved in advance before there is proceedings to move. ahead for acquisition.
This project has been lingering for some time, as has some other major impacts
to this town, when it comes to environmental needs, and I feel that the County,
and all those involved should move this issue quickly, get it resolved, so that
the Town can move on with other problems, that it has where it needs funding,
that are of enviromental concern, and I hope that with this matter, with the
Fish and Wild Life now being involved, that they can find Federal funding to
come in, and secure the island once and for all.
31 .-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold_ hereby appoints William
F. Englis, Jr. a member of the Southold Town Board of Assessment Review,
to fill the vacancy created by the resignation of Samuel Markel, effective immediately
through September 30, 1993; and be it further
RESOLVED that the Town Board hereby appoints Francis A. Thorp, (to replace
William Weinheimer) , a member of the Southold Town Board of Assessment Review,
for a five (5) year term, effective September 30, 1992 through September 30,
1997.
31 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny,Justice Edwards. Abstain: Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Scott L. Harris to execute forthwith the Notice of Hearing, with State-
ment of Charges and Specification attached, dated September 22, 1992, in the
.matter of Disciplinary Charges against Police Officer James P. Mellas, Shield
#9, setting a public hearing at 7:30 o'clock P.M. on October 20, 1992; and be
it further
RESOLVED that the Town Board hereby authorizes Supervisor Harris to cause
said Notice of Hearing to be immediately served personally upon Police Officer
James P. Mellas.
32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman ,Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: That ends the regular portion of our Town Board meeting
in reference to resolutions. Before we move to adjourn, are there any members
of the audience, that would like. to address this Board on any issue, that you
may feel is important. Come forth, please, and state you name.
LINDA LEVY: My name is Linda Levy. I'm the Southold Coordinator for the
North Fork Environmental Council, and the reason I'm here today to speak to
you has to do with the attendance this morning at the Town Board work session
of Howard Pachman, and Emanuel Kontokosta on the issue of Jem Commons in
Southold Town. The North Fork Environmental Council is very concerned that
this is not an indication, that the Town Board is going once again consider the
development of these two sites with higher density zoning, as being requested
by Mr. Kontokosta. In particular concern, because hearings, that were held
on Jem Commons, and Southold Commons, were fairly well attended by the public,
more so than most hearings that I've been at, short of the Home Occupation
hearing, and they were resoundingly opposed to the change in zoning to hamlet
density zoning of those two sites. I'm also aware that the US/UK Task Force
has written a letter, that states an opinion, that we the North Fork Environmental
Council, also gave an opinion at the time of those hearings, which is that one
of our greatest concerns about having any change in zone --occur at those two
sites at this time is that we have all been talking a lot. I mean by all, I mean
the Town Board, the Task Force, the North Fork Planning Conference, and
North Fork Environmental Council among others, about the possibility of
instituting a TDR Program in this town. If we change the zones now before
this program goes into effect, then we're not going to have anything left to
work this program with. We will no longer have any fending zones. We will
1 PTEMBER 22 1992
SE ,
only have zones, that want to have no open space, and will have no place to
send it to. This is a perfect example of the kind of, a. . l'm not saying that
a year from now, whenever, that I come in here, and say go ahead. I'm just
saying this is an example of kind of site, that we would look to see be involved
in the TDR Program. I shouldn't say kind of site, I mean the sites of Jem
Commons, and Southold Commons. So, that's one concern. I'm also concerned
that what I heard today was Councilman Wickham ask Mr. Kontokosta about the
marketability of these houses, and the answer was true, that the economics of
the site should not play at all, any role in the decision of the Town Board
whether or not to change the zone. But then five minutes later, Mr. Kontokosta
talked about all of the money that he has spent over .the years in trying to
come up with a plan, and then holding back plans, because he's waiting. He
was clearly in my estimation, why did he bring this up to you, if not to have
you understand that he has spent money? But you're not supposed to be concerned,
if it's not the economics, that you're supposed to deal with. He, also, said
that he wasn't sure how much longer he would continue the expense of the real
estate taxes, because this has been dragged on for so long. Again, he's bringing
economics into the question, whether or not the change of zone should hurt.
When Councilman Penny asked, him about the possibility of a partner, whether
he looked into a partner. Again, the response was based on the cost, the cost
of doing that. The cost is not an issue here. The issue as we said, quite
rightly, is zoning, and whether or not this should be changed. Now, if you're
not allowed to ask about the marketability, then how can he come up here, and
say, you should give me a second try, you should give me a chance, because
I spent a lot a lot of money on this. The other question, that I had was, at
the end Mr. Pachman said that he was very pleased, that he had the opportunity
to talk this thing out publically. I think that's an almost direct quote. I was
at that Work Session, and there were about three other people at the Work
Session. The agenda stating that he was having an appointment with the Town
Board was not available to the general public until this morning. I don't really
see how one can say, that he was talking this thing out publically, when he
came he came to a Work Session, and only two or three people were there to
even know that he was speaking on this. If, what. you were doing was saying,
here's an opportunity to come in, and give it a try, because we're sympathitic
to your concerns, and after all we haven't decided, but really this is just a
proforma activity on your part, fine, but if in fact after the hearings that were
held, and after the voice of the town was heard so clearly at those two hearings,
this is a way in which these two properties are going to given an opportunity
to go ahead, then I think that the least that the Town Board can offer the town
is the opportunity to once again, come in and speak about the new plan for
development, and that's all I have to say today.
SUPERVISOR HARRIS: Thank you. Are there any other members of the audience,
that would like to address the Board?
SAMUEL MARKEL: My name is Sam Markel. I live in Southold Town. Mr.
Harris, unfortunately I read an article in the Suffolk Times, and if it was true
in your words, I believe an apology is in order from you to the Board of
Assessment Review. The Review Board is governed by the laws and rules of
the State of New York. As such, they must abide by these said rules, and
interpret laws that are set forth by the State of New York. They have taken
a oath to dog- justice, when they were appointed. They worked hard, and come
to fair decisions under the law. I think you could at this time tell me, that
what I read in Suffolk Times was the truth, then I won't have to proceed with
the rest of my remarks.
SUPERVISOR HARRIS: Mr. Markel, all I can say to you is you know the news-
paper business, as well as anybody else. Believe half of what you see, and
nothing that you read. That's all I can tell you.
SAMUEL MARKEL: Well, in that case, do I take that to mean you did not say
what I read in the paper?
SUPERVISOR HARRIS: The comments I made were said at the time. How they
were taken, and how they were phrased to you, I have no knowledge of knowing
that.
SAMUEL MARKEL: Did you read the Suffolk Times?
SUPERVISOR HARRIS: I read the story.
SEPTEMBER 22, 1992 137
SAMUEL MARKEL: Did you concur with what they said?
SUPERVISOR HARRIS : Certain statements, that I made were factual. Certain
statements were not.
SAMUEL MARKEL: I don't have more to say on the matter, because I take it
that you did not intend to cause any problems to the Board members, as far
as their ability to perform.
SUPERVISOR HARRIS: Absolutely not, Mr. Markel. My statements were that
the reductions this year, that took place were due to the fact that the Board
of Assessment Review gave a lot of money back. There were a lot of exemptions
applied for, a lot of them. That was one statement that was made amongst many
others throughout the budget process, which I'm endeavoring to tackle right
now. One of them happens to be a fact. That so much money comes every
year, and so much money does go back out the other way, including the next
step, which we haven't even gotten to yet, which is the small claims process,
which we don't even know what the impact, and the ramifications to this town
is going to be yet for this year.
SAMUEL MARKEL: I have a little background on that, which I will tell you
about, but first I believe, I should speak my piece, because I won't be around
to talk about it on October 3rd, I think that's when you'll be talking about the
Human Resource Center. The purchase of that North Fork Bank building in
Mattituck is, in my mind, not necessary to take an important piece of property
off the tax rolls. The Long Island Lighting rates for electricity do very much
do it to make it useful for the purpose you have in mind, and also, it is not
located where most of the people, that use those services come from. I'm talking
about the fact that Drosso's Restuarant is available. I call it Drosso's, I know
it was somebody else, is available for sale at a much less price. Greenport
Electric can be supplied. It was set up as a restuarant, was for many years.
I'm sure that a lot of the materials in there can be used for the same purposes,
as you're intending to use down there, where you'll have to purchase everything.
I'm sure you'll have to bus people from Greenport to the new facility. That's
a much closer location. I absolutely feel that if you looking to save some money
in your budget, you ought to start there. I heard that you're talking about
a possible bond issue of about $600,000.00, and it will cost in interest,about
$97,000.00. Correct me if. I'm wrong on those figures, but this is what I heard.
SUPERVISOR HARRIS: The debt service is being worked on right now.
SAMUEL MARKEL: I, for one, would be very happy if this town would come
to me for that bond issue, they're going to put out. I think we could handle
the whole deal. We'll take that $97,000.00. You won't have to go outside. Bond
issues cost the taxpayers a lot of money for a long time. If they can be for
a lesser amount, the cost will be for a lesser amount. I'm sure Drosso's would
definitely cost a lot less than what you have in mind for the Mattituck property-.
I, also, want to say, that in my reading of the paper, where most of my
information comes from, Mr. Ray Edwards had to beck to get some repaving of
some tennis courts. I've been on. the Board of Assessment Review for many
years. I always thought that the taxes paid by Fishers Island, were far in
access of what those people received (tape change) I had a lot of other stuff
I could say. On the Senior Citizen Center, I do hope that I'm not a lone voice
in the wind. People, such as yourselves, in governing this town, and running
this town, start listening to the people. I listen to them all the time, every
day in the week. In fact I guess I'm the biggest complaint department there
is in this town, and I get a lot of them. So, please listen. Thank you.
SUPERVISOR HARRIS: Mr. Markel, before you sit down. Sam, if I may for
the years that I've known you. First of all, there's public information hearing,
that is coming up on the 6th. I'm sorry, you won't be at it, because a lot of
the information that you spoke of tonight., is in error. I would hope at that
time that the information that you have presented will be clarified. Yours was
certainly one of the' sites that we looked at. We looked at about six or seven
sites, and the. Town Board deliberated very hard on each and every site., and
looked at every possible aspect to see whether it would be possible to move into
any one of these sites, that they deliberated on. They moved from site to site,
because they're uncomfortable for one reason or another, or, with problems that
were not known to the public, that were known to the Board through inspections,
and so on. This town has to look to the future. It. can not stay in the present
mode that it's in, on hold. A Human Resource Center in this town is badly
138 SEPTEMBER 22, 19.92
needed. The aging population is only on the increase. It certainly is not on
the decrease. The services that these seniors need is on the increase. The
amount of funding that is available is on the decrease, from State levels, and
County levels. We are left with a very hard choice to make when we come up
with budgets. Supervisors in particular are left with hard decisions to make,
which theygive to the Town Board to deliberate on. Many of those services
have to be put in a priority faction. One of those priorities happens to be
the elderly population, the programs, that we have in place, and whether we
sustain them. Now, Ve Mckieghan can tell you, as well as anybody else, and
I know that during the public information hearing, she will do that to the public
that attends, the need for this building, the need for the programs, that she
has in place to be expanded, the unlimited amount of resources, that she could
tap into, if she had a facility, that was owned, and not rented. The list goes
on and on, but I'm not here to tell you about the informational meeting in advance.
I'm only here to explain to you that everyone of the things you've brought up
was looked at thoroughly by this Board, and I'd have to question whether you
happen to think you're the most important person, when it comes to complaints
on a daily basis. I think this Board probably receives far in excess of complaints,
that you have heard on a daily basis, and I know in my office I certainly do,
and these are not tough times for any of us, no matter what function of govern-
ment we happen to operate in, and we certainly are doing our hest to make
sure, that the people sustain not only their living in this township, but also
that they continue to have a future in this township, and this Board works
on all aspects from young to old, including a needs assessment, which we talked
about today in the Work Session, which we put in progress for the youth, something
that was badly needed to find out what are the needs of our young people.
Is there a future for young people? Can we move towards helping our young
people to stay in this town without driving them out? Are the programs, that
we could put in place, thatwould be cost effective, that wouldn't be a breaker
for the taxpayers? It goes on, and on, and on. What I'm saying is, Sam, is
this Board works very hard, and when it comes to something of a $600,000.00
plus or minus bond, it doesn't take it lightly, and that's why it's having public
information hearings, and not just doing it, and saying, we know what's good
for the people, we've already heard from the people, and we know we're on
the right track. We're having public information to explain exactly, step by
step, what we've done to this point before that expenditure is made, so that
there's a full understanding, and with the full support of the community, which
I expect we're going to have on October 6th. I think the papers, and the media,
will report very accurately that this Board is on the right track, and that the
future is the key to the survival of Southold Town in many, many programs,
that it has to unfortunately expend money on.
SAMUEL MARKEL: You keep up the, tax program, that you're following now,
and you wouldn't have to worry about feeding these people, because they won't bre
able: .t9 live_here.
SUPERVISOR HARRIS: Is there any other members of the audience, that would
like to address this Board? (No response.) Any members of the Town Board?
COUNCILMAN PENNY: I would like to speak on two resolutions, that we acted
on earlier. One which I abstained, and one -of which I put forth, which was
Resolution #24 request for interpretation to the ZBA. I'd just like to give the
public, that wasn't here today, a chance to have little background on this, and
if you've been following the newspapers over the last couple months, you've
seen a reference to a war between the Planning Board, and Dr. Lizewski, and
myself. Well, that war is a very convenient war, that might sell newspapers,
but it really doesn't relate to the discussions, that have been going on in the
Legislative Committee, and inside the Town Hall. The reason, that I put this
resolution for an interpretation in front of the Town Board, and asked for the
Town Board to endorse it, and pass it on to the ZBA, is to settle this juris-
ditional problem. People have come to us from time to time addressing the fact,
that why do certain things take so long to happen, and who has the authority
for this, and who has the authority for that? I thought that in the years that
I'd spent on the Town Board I have a fairly clear understanding, however when
we addressed who had the authority to require a site plan approval, I ran into
this problem with the Chairman of the Planning Board. He became quite vocal,
and fed a lot of information to the public, and really misled what we were doing,
so much to the point that it caused a code interpretation by the Editor of the _
Suffolk Times. Just to show you that it's dangerous when people interpret Codes,
it's very dangerous for the public to do it. It's very dangerous for anybody
besides either the Town Attorney, or the ZBA to do it, because that is their
job, and that is why I decided to go no further with this so called jurisdication
-
� "N �� ��
*� ��
. �� SEPTEK8BE�� 22 1992 �� =. ~~
or dispute' a call for a clarification from the ZBA, so we can put this issue
to bed' Is the public well served by those who over step their authority?
Now, we heard earlier a dissenting vote, that everything is fine and dandy,
and I've read this in the papers, spoken from the Chairman of the Planning
Board, yet today we had a resolution, which | abstained on, where an applicant
came before the Planning Board on May O, 1992. He put up $152'80, and was
told on, what's today? September 22nd, by us, and a letter from the Planning
Board on September 14th. That's several months later down through the process,
that the nonconforming use has been discontinued for more than two years,
and the nonconforming use is no longer permitted' The Board has concluded.
It is my opinion from my understanding of the Town Code, that the Planning
Board has absolutely no right- to make that determination. So, how is the system
working well? If the person had gone, Mr. Spanma^ had gone to the Building
Inspector, would he not be better served? Fine or six months ago, he would
have had this determination. He wouldn't have" had to spend time, expense'
and anxiety waiting for a decision fine or six months later by someone who,
in my opinion, does not have the authority to give it. It's very clear, that
this is what is going on. | feel that if there are grey areas in the Town Code,
particularly those pertaining to applications, and to simple procedurally matters,
that happen in this Town Hall on a permitting basis day by day. The public
has the absm|uto� right to know to knovv, number one, that 'the parson they are
dealing with has the authority to act in the manner in which they understand
it. That they/re not going to somebody who is giving them some information,
that can not support that authority with Town Code. People have the right.
� We have the responsibility as legislators, and as managers of this town to make
sore tb�t all of the personnel, that work in this town, understand their jobs,
under the limits of their job, and understand their fo|7 reapmooibi|itv. That
is the direction that | hope will coma out of this in the long run, and l doubt
that it could appear in other fashion in the local papers after today, because
this is the second time |/vm said it. On o happier note' we did have a report
from Mary Ann Fleishman on our youth assessment needs, that we had done.
)t/o a little bit scary, but l look at it as a start, when l say happy. It's scary
when you look at the results, and realize the problems, that are out there for
kids, and for youth ,in the Town of Southold. The Town of Southold has been
ignoring, quote, unquote, although not intentionally, of course, it's youth.
Maybe it's just a product of the times. Things have changed. Everybody
figures, vxe|\' the kids will take oana of themselves. NAe||, this report says,
that there aradefini.tery some problems. | made a suggestion to the Town
Board, and in conjunction with Qr. Llzenvsk[, and the Recreation Department,
we hope to hold a conference for people interested in youth, and the concerns
of youth /n Southold Town. The Town Board has agreed to hold this conference.
We will invite as many people, including the heads of schools, civic, associations,
civic organizations, our churches, basically anybody from the public, and let's
find out what we can do to help our kids. Hopefully, vve/|| somebody therm
that can interpret, and give to the public in o short amount of time, this
lengthy report which we received, and hopefully, that at some time in the near
future we can start on e program, that will be more helpful, and provide more
guidance, and cmmformonce with our D.8. R.E. Programs, and help the kids
get on the right track in the Town of Southold. [ think it/s 'a long time overdue, l
respectfully thank the Town Board for their support of this endeavor, and |
hope that Joe, and l, are able to pull this off, because | think it's very
necessary, and very, vary long overdue. Thank you
SUPERVISOR H/\RFl|S: Any other members of the Board, that would like o
address any subject, otherwise l entertain a motion to adjourn.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at S:OU P.M.
Vote ofth Town Board: Aves : Councilwoman Hossle, Councilman Llzevxski,
Councilman Wickham, Councilman Penny' Justice Edwards, Supervisor Harris'
This resolution was declared duly ADOPTED.
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. J-0clith T. Terry
Southold Town Clerk
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