HomeMy WebLinkAboutTB-09/24/199197
SOUTHOLD TOWN BOARD
SEPTEMBER 24. 1991
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson,
Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff, Assistant Town
Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:30 a.m. For Discussion Items: (1) Notes prepared by Councilman Wickham from
a meeting between representatives of the Town, Southold 2000, and the North Fork
Environmental Council concerning the US/UK Stewardship Exchange and the Master
Plan litigation.---Subsequent to that meeting, a decision was rendered by Judge
Marquette Floyd dismissing the petition of the NFEC, League of Women Voters,
Southold 2000, and Weismann and Flynn against the Town to set aside the new
zoning ordinance and map.---Councilman Wickham also submitted to the Board a
proposal to submit an application for a J.M. Kaplan Fund grant for approximately
$20,000.00 tO engage professional consulting support in planning and zoning (see
resolution no. 21). Supervisor Harris suggested holding a joint meeting between
the Town Board and Planning Board to discuss a long range planning review. (2)
Councilwoman Oliva discussed the need to hold a public meeting for commercial
businesses to discuss mandatory recycling.--Councilwoman Oliva asked Supervisor
Harris to bring her up to date on amount of funds spent to date for legal counsel
for the landfill lawsuits. She said that $25,000.00 was initially appropriated, but
it appears the costs have gone over that figure, but he has not brought this back
to the Town Board for further discussion. Supervisor Harris advised that the total
amount referred to .includes both of the landfill lawsuits. (3) Town Board set
October 9th for interviewing applicants for the Board of Assessment Review. (4)
Board extended to October 8th for receiving at the landfill, without charge, debris
from Hurricane Bob (see resolution no. 20).
11:10 a.m. - The Town Board met with Mark Wagner, Cameron Enc~ineerinc~,
Greenport Village Mayor William Pell, Village T~ustee Clerk, Superintendent of Water
and Sewer Hickson, Community Development Administrator Gillooly, Scavenger Waste
Plant Supervisor Cybulski, Merle Wiggin of Peconic Associates, and Town Accountant
John Cushman. A-discussion was held with respect to the final draft plans and
specifications for improvements to the Southold Scavenger Waste Treatment Plant.
A cost estimate of $197,820.00 was submitted by Mr. Wagner. It was agreed to
procedd with the preparations of the final plans and specifications for going to bid,
and the Town Board would make the necessary provisions for sufficient funds to
meet the cost estimate.
11:45 a.m. - Steve Latham, attorney for the Fishers Island Garbage and Refuse
District, met with the Board to discuss a formula for reimbursement of tax revenues
to Fishers Island. An outline of a proposal for a Fishers Island Garbage and Refuse
District Intermunicipal Agreement was reviewed.
1:~00 p.m. - Recess for lunch.
1:50 p.m. - Work Session reconvened and the Board audited outstanding vouchers.
98 SEPTEMBER 24, 1991
EXECUTIVE SESSION
2:15 p.m. On motion of Councilman Penny, seconded by Councilwoman Oliva, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva,
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Clerk Terry.---The Town Board met with
Board of Appeals Chairman Gerard Goehringer to discuss litigation.---Following their
meeting with Mr. Goehringer the Board discussed several matters of litigation,
personnel, and possible purchase of property.
4:00 p.m. The Board reviewed the resolutions to be voted up at the 7:30 p.m.
Regular Meeting.
4:15 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meetinc. I of the Southold Town Board was held on Tuesday,
September 24, 1991, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance
to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: It's nice to see so many of you out tonight, and the first
order of business, I need a motion to approve the audit of the bills for September
24, 1991.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $133,978.78; General Fund Part Town
bills in the amount of $55,936.86; Nutrition Fund bills in the amount of $1,091.43;
Adult Day Care bills in the amount of $230.63; Home Aide Program bills in the amount
of $118.80; SNAP Program bills in the amount of $4,094.67; Highway Fund Whole
Town bills in the amount of $7,854.29; Highway Fund Part Town bills in the amount
of $28,434.91; Capital Projects Account bills in the amount of $2,400.00; Gull Pond
Bulkhead Repairs bills in the amount of $74,800.00; Hydrogeolic Landfill Study
bills in the amount of $505.00; Computer Capital Account bills in the amount of
$2,973.00; Employee Health Benefit Plan bills in the amount of $50,865.74; Fishers
Island Ferry District bills in the amount of $42,539.87; Wendy Drive Improvement
District bills in the amount of $1,351.98; Southold Wastewater District bills in the
amount of $20,203.50; Fishers Island Sewer District bills in the amount of $5,596.32;
Southold Agency & Trust bills in the amount of $1,859.20; Fishers Island Ferry
District Agency & Trust bills in the amount of $897.39.
Vote of the Town Board: Ayes: Councilman Wickham, Counciman Penny, Justice
Edwards, Supervisor Harris. Nos: Councilwoman Latson, Councilwoman Oliva.
This resolutions was declared duly ADOPTED.
SUPERVISOR HARRIS: And here again, it sounds like we have some political
expediency where the Town Board hires people, and then sends a bad signal out.
They won't pay for them after they've been hired. That's an unfortunate turn
of events. I hate to see that happen in this Town. I need a motion to approve
the minutes of September 10, 1991.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the minutes of September 10, 1991, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion approve the next scheduled Town Board
meeting of October 8, 1991, at 4:00 P.M.
Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the next rec~ular meetinq of the Southold Town Board will be held
at 4:00 P. M., Tuesday, October 8, 1991, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1. Southold Town Board of Trustees Monthly Report for August, 1991.
2. Southold Town Community Development Monthly Report for July, 1991.
3. Southold Town Community Development Monthly Report for August, 1991
4. Southold Town Justice Edwards' Court Report for August, 1991.
5. Southold Town's Developmentally Disabled Recreation Program report of'
September, 1991 events.
6. Supervisor's Monthly Budget Report.
7. Councilman's Report.
8. Supervisor's Report.
II. PUBLIC NOTICES.
1. U.S. Corp. of Army Engineers, New York District, Notice of transition
from 1989 Manual to the 1987 Manual.
II1. COMMUNICATIONS.
1. Frank Heroy, Secretary-Treasurer of the Lakeview Terrace Road Associa-
tion, thanking Assessor Scott Russell for expediting the Lakeview Terrace name
change on the Town map, and entering the name into the 911 system.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we move into resolutions,, are there any members
of the audience, that would like to address this Board on any resolution, that we'll
be entertaining in the next few minutes? (No response.) If not, we'll proceed
on the agenda.
1.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Elizabeth Neville to attend a Records Management Grant Application/Administration
Workshop, on behalf of the Town Clerk's Office, at Riverhead, New York, on October
29, 1991 (alternate date: November 6, 1991, Holbrook, New York), and the use of
a Town vehicle for travel, travel expenses, and lunch expense, shall be a charge
against the Town Clerk's 1991 Budget.
1.-V0te of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 16, adopted on September 10, 1991 to read as follows: "RESOLVED
that the Town Board of the Town of Southold hereby grants permission to Account
Clerk Barbara Rudder, and Clerk Typist Georc~ia Rudder (CSEA Secretary), to
attend a Package 7 Advisory Committee meeting on Wednesday, September 25, 1991,
at 5:00 P.M., at Hauppauge, New York, and cost for mileage or use of a Town
Vehicle is hereby authorized."
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Wickham, seconded by Councilwoman Latson, it was
RESOLVED that the application of the First Baptist Church of Cutchoque for renewal
of their sincjle family church parsonaqe trailer permit, for trailer located on the
north side of Middle Road, Cutchogue, which permit expires on October 14, 1991,
be and hereby is cjranted for a six (6) month period.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of A. R. Lombardi Associates, Inc. to prepare the 1991 Discharge Monitoring Report,
requi'red by the New York State Department of Environmental Conservation and
Suffolk County Department of Health Services, with respect to the Fishers Island
Wastew,ater Disposal System; cost for said services not to exceed $2,100.00, all in
accordance with theii' proposal dated September 9, 1991.
4.-Vote of the~Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the-Town Board of the Town of Southold hereby authorizes the
followinc~ budc~et modification to the General Fund - Whole Town 1991 Budc~et to
allow for the correction to charge playground instructors and swimming instructors
payroll items from Off Street Parking to Joint Youth Project:
To:
A7320.1 Joint Youth Project, Personal Services $ 5,000.00
From:
A5650.4 Off Street Parking, Personal Services $ 5',000.00
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an Extension Ac~reement between the
Suffolk County Department for the Aging and the Town of Southold for the CSE
Senior Day Care Program, for the term of April 1, 1991 through March 31, 1992,
at a cost not to exceed $20,867.00 for said extension period; all in accordance with
the approval of the Town Attorney.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Penny, 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 Extension Agreement between the
Suffolk County Department for the Aging and the Town of Southold for the CSE
Housekeeper Chore Program, for the term of April 1, 1991 through March 31, 1992,
at a cost not to exceed $19,713.00 for said extension period; all in accordance with.
the approval of the Town Attorney.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SEPTEMBER 24, 1 0 I
8.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was
RESOLVED that the application of Joseph W. Petrauska for renewal of his singl~
.family house trailer permit, for trailer located at 490 Hill Street, Mattituck, which
permit expired on September 13, 1991, be and hereby is 9ranted for a six (6)
month period.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Coastal Erosion Hazard
Areas"; now, therefore, be it
RESOLVED that the Town Board hereby sets 4;30 p.m., Tuesday, October 8, ~991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearin9 on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Castal Erosion Hazard Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 6 (Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law, the Town of Southold. County of Suffolk, State of New York, hereby
enacts by Local Law No. , 1991, this chapzer.
Section 6-2 (T~tle)
This Chapter shall be known and may be cited as the "Town of
Southold Coastal Erosion Hazard Area Law."
Section 6-3 (Effective Date)
This chapter shall take effect twenty (20) calendar days from the
date of this chapter's adoption and filing pursuant to Section 27 of the
Municipal Home Rule Law, or the date of filing the official maps,
whichever is later,
Section 6-L[ (Purpose)
The Town of
Southold hereby assumes the responsibility and
authority to implement and administer a Coastal Erosion Management
Program within its jurisdiction pursuant to Article 3~t of New York State
Environmental Conservation Law. In addition, it is the purpose of this
chapter to:
Ae
Establish standards and procedures for minimizing and
preventing damage to structures from coastal flooding and
erosion and to protect natural protective features and other
natural resources.
Regulate. in coastal areas subject to coastal flooding and
erosion, land use and development activities so as to minimize
or prevent damage or destruction to man-made property, natural
protective features and other natural resources and to protect
human life.
Regulate new construction or placement of structures in order to
place them a safe distance frqm areas of active erosion and the
impact of coastal storms to ensure that these structures are not
prematurely destroyed or damaged due to improper siting, as
well as to prevent damage to natural protective features and
other natural resources.
Dm
Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
Eo
Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified,
their construction and operation will minimize or prevent damage
or destruction to man-made property, private and public
property, natural protective features and other natural
resources.
Section 6-5 (Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
Ao
Is prone to erosion from the action of the Long Island Sound,
Gardiners Bay, Long Beach Bay and Orient Harbor. Such
erosion may be caused by the action of waves, currents running
along the shore and wind-driven water and ice. Such areas are
also prone to erosion caused by the wind, runoff of rainwater
along the surface of the land or groundwater seepage, as well as
by human activities such as construction, navigation and certain
forms of recreation.
Experiences coastal erosion which causes extensive damage to
publicly and privately owned property and to natural resources.
as well as endangering human lives. When this occurs,
individuals and private businesses suffer significant economic
losses, as do the town and the state, either directly
through property damage or indirectly through loss of economic
return. Large public expenditures may also be necessitated for
the removal of debris and damaged structures and replacement of
essential public facilities and services.
Experiences erosion-related problems that are often contributed
to by building without considering the potential for
damage to property, by undertaking activities which destroy
natural protective features such as dunes or vegetation, by
building structures intended for erosion prevention which may
exacerbate erosion conditions on adjacent or nearby property
and by water action produces by wakes from boats.
Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often-only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections
of the Town of Southold, major erosion protection structures of
great length would be required to effectively reduce future
damages due to erosion.
Section 6-6 (Definitions)
The following terms, as used in the chapter, shall have the meanings
indicated, unless the context clearly requires otherwise.
ADMINISTRATOR - The local officials responsible for administrating
and enforcing this chapter. The Southold Town
Board of Trustees is hereby designated as the Administrator.
BEACH - The zone of unconsolidated earth that extends landward
from the mean Iow-water line to the waterward toe of a dune or bluff,
whichever is most waterward. Where no dune or bluff exists
landward of a beach, the landward limit of a beach is one hundred
(100) feet landward from the place where there is a marked change in
material or physiographic form or from the line of permanent
vegetation, whichever is most wa~erward. Shorelands subject to
seasonal or more frequent overwash or inundation are considered to
be "beaches."
SEPTEMBER 24, 1991
103
BLUFF - Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The waterwaro imit of a bluff
is the landward limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean Iow
water. The landward limit is twenty-five (25) feet landward of the
receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (25) feet landward of the point of
inflection on the top of the bluff (The "point of inflection" is that
point along the top of the bluff where the trend of the land slope
changes to begin its descent to the shoreline.)
COASTAL EROSION HAZARD AREA MAP - The final map and any
amendments thereof issued by the Commissioner of the New York
State Department of Environmental Conservation. which delineates
boundaries of Coastal Erosion Hazard Areas subject to regulation
under this law.
COASTLINE - The lands adjacent to the
Town of Southold's coastal waters is the coastline.
COASTAL WATERS - Coastal waters are Long Island Sound and its
connecting water bodies, bays, harbors, shallows, and marshes.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose, windblown, or artificially place~l
earth the principal component of which is sand.
EROSION - The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ice,
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind, runoff of surface waters, or
groundwaters, or groundwater seepage.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area. or a natural protective feature area.
EROSION PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty.
revetment, breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence
or one where construction has commenced or one where construction
has not begun but for which a building permit has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION - An addition to a structure resulting in a 25
percent or greater increase in the ground area coverage of the
structure other than an erosion protection structure or a pier, dock,
or wharf. The increase will be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTING
STRUCTURE.
MEAN LOW WATER - The approximate average Iow water level for a
given body of water at a given location, determined by reference to
hydrological information concerning water levels or other appropriate
tests.
MOVEABLE STRUCTURE - A structure designed and constructed to
be readily relocated with minimum disruption of the intended use.
Mobile homes and structures built on skids or piles and not have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area. beach, bluff.
primary dune. secondary dune. or marsh, and their vegetation.
SEPTEMBER 24, 1991
NATURAL PROTECTIVE FEATURE AREA - A land and/or water area
containing natural protective features, the alteration of which might
reduce or destroy the protection afforded other lands against erosion
or high water, or lower the reserve of sand or other natural
materials available to replenish storm losses through natural
processes.
NEARSHORE AREA - Those lands under water beginning at the near
Iow water line and extending waterward in a direction perpendicular
to the shoreline to a point where mean Iow water depth is 15 feet, or
to a horizontal distance of 1,000 feet from the mean Iow water line,
whichever is greater.
NORMAL MAINTENANCE - Periodic replacement' or repair of same-kind
structural elements or protective coatings which do not change the
size, design or function of a functioning structure. A functioning
structure is one which is fully performing as originally designed at
the time that normal maintenance is scheduled to begin. Normal
maintenance of a structure does not require a Coastal Erosion
Management Permit.
PERSON - Any individual, public or private corporation, political
subdivision, government agency, public improvement district,
partnership, association, firm, trust, estate, or any other legal
entity whatsoever.
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes within a coastal area. Where there is
only one dune present, it is the primary one. Occasionally one or
more relatively small dune formations exist waterward of the primary
dune. These smaller formations will be considered to be part of the
primary aune for the purposes of this chapter. The waterward limit
of a primary dune is the landward limit of its fronting beach. The
landward limit of the primary dune is 25 feet landward of its
landward toe.
RECEDING EDGE - The most landward line of active erosion or in
cases where there is no discernible line of active erosion, it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate, expressed in feet per year, at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction, modification, restoration
or placement of a structure, or major addition to a structure, or any
action or use of land which materially alters the condition of land.
including grading, excavating, dumping, mining, dredging, filling, or
other disturbance of soil.
RESTORATION - The reconstruction without modification of a
structure, the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. Modifications, however, may be allowed if they do not
exceed preexisting size limits and are intended to mitigate impacts
to natural protective features and other natural resources.
SECONDARY DUNE - The major dune immediately landward of the
primary dune. The waterward limit of a secondary dune is the
landward limit of its fronting primary dune. The landward limit of a
secondary dune is 25 feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT - Those habitats which:
are essential to the survival of a large portion of a particular fish
or wildlife population; support rare or endangered species; are found
at a very Iow frequency within a geographic area; support fish or
wildlife populations having significant commercial or recreational
value; or that would be difficult or impossible to replace.
SEPTEMBER 24, 1991
105
STRUCTURAL HAZARD AREA - Those shorelands located landward of
natural protective features and having shorelines receding at a long
term average recession rate of one foot or more per year. The
inland boundary of a structural hazard area is calculated by starting
at the landward limit of the fronting natural protective feature and
measuring along a line perpendicular to the shoreline a horizontal
distance landward which is 40 times the long-term average annual
recession rate, ~,,
STRUCTURE - Any object constructed, installed or placed in. on. or
under land or water including, but not limited to: A building.
permanent shed; deck; in-ground and above-qround pool; garage;
mobile home; road; public service distribution-, transmission, or
collection system; tanks: docks; piers; wharf; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach
nourishment; or any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities which are not
reguJated by this chapter include but are not limited to: elevated
walkways or stairways constructed solely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial access to the beach; docks, piers, wharves, or
structures built on floats, columns, open timber piles, or other
similar openwork supports with a top surface area of less than 200
square feet. or which are removed in the fall of each year; normal
beach grooming or clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas, in order to
maintain or increase the height and width of dunes; routine
agricultural operations including cultivation or harvesting, and the
implementation of practices recommended in a soil and water
conservation plan as defined in Section 3(12) of the Soil 'and Water
Conservation Districts Law provided, however, that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
VEGETATION - Plant life capable of surviving and successfully
reproducing in the area or region and which is compatible with the
environment of the Coastal Erosion Hazard Area.
TOE - The lowest surface point on a slope face of a dune or bluff.
ARTICLE II
REGULATIONS
Section 6-10 IAreas)
The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within the Town of Southold based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the Area are established on the final map prepared by the
New York State Department of Environmental Conservation under Section
34-0104 of the New York State Environmental Conservation Law and
entitled. "Coastal Erosion Hazard Area Map of the Town of Southold".
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
34-0104 of the New York State Environmental Conservation Law.
Section 6-11 (Requirements)
No person may engage in any regulated activity in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold. as amended, withou~ first obtaining a Coastal Erosion
:Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A Coastal Erosion Management Permit will be issued only with a
finding by the Administrator that the proposed regulated activity:
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
Prevents, if possible, or minimizes adverse effects on natural
protective features and their functions and protective values,
existing erosion protection structures, and natural resources.
Section 6-13 (Structural Hazard Area Restriction)
The following restrictions apply to regulated activities within
Structural Hazard Areas:
A Coastal Erosion Management Permit is required for the
installation of public service distribution, transmission, or
collection systems for gas, electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
The construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowed if satisfactory provis~ions are made for their removal.
D. No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
No movable structure may be placed or constructed such that
according to accepted engineering practice, its weight places
excessive groundloading on a bluff.
Plans for landward relocation of movable structures must be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edge. The last owner of record, as shown on the
latest assessment roll, is responsible for removing that
structure and its foundation, unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
With the attachment of a Removal Agreement to the Coastal
Erosion Management Permit, the landowner or the signatory is
responsible for the' landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure, dune migration, or wave
or ice action must be removed within sixty (60) days of the
damaging event.
Any grading, excavaticm, or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-14 (Nearshore Area Restrictioh)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches, bluffs, or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand. gravel.
and other unconsolidated material for beaches. Sandbars¢ which are
located in nearshore areas, control the orientation of incoming waves and
promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts, glays, and organic matter to form
a fairly cohesive bottom that resists erosion.
The following restrictions apply to regulated activities in nearshore
areas:
Excavating. grading, mining, or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited.
except construction or maintenance of navigation channels.
bypassing sand around natural and man-made obstructions and
artificial beach nourishment.' all of which require a Coastal
Erosion Management Permit.
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within
nearshore areas. Any deposition will require a Coastal Erosion
Management Permit.
C. All development is prohibited in nearshore areas unless
specifically provided for by this local law.
Section 6-15 (Beach Area Restrictions)
Beaches buffer shorelands from erosion by absorbing wave energy
that otherwise would be expended on the toes of bluffs or dunes.
Beaches that are high and wide protect shot.lands from erosion more
effectively than beaches that are Iow or narrow. Beaches also act as
reservo,rs of sand or other unconsolidated material for longshore littoral
transport and offshore sandbar and shoal formation.
The following restriction apply to regulated activities in beach areas:
A. Excavating. grading, or mining which diminishes the erosion
protection afforded by beaches is prohibited.
Be
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited 'within beach
areas. Any deposition will require a Coastal Erosion Management
Permit which may be issued only for expansion or .stabilization
of beaches.
Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
D. All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-16 (Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High. vegetated dunes provide a greater degree of protection than Iow,
unvegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
areas, their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beachgrass
or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
The
areas:
following restrictions apply to regulated activities in dune
In primary dune areas:
1.
Excavating, grading or mining of primary dunes is
prohibited.
Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit.
All depositions must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of, or restore a dune or
dune area.
Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the
Department.
Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location, design, and potential impacts of the structure on
the primary dune.
Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes, and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches.
B. In secondary dune areas:
All depositions must be of clean sand of a compatible type
and size, and all grading must be performed so as to
increase the size of, or restore, a dune or former dune
area.
o
Excavating, grading, or mining must not diminish the
erosion protection afforded by them.
Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
o
Permitted construction, reconstruction, restoration, or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune: and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions.
All other activities and developments in dune areas are
prohibited unless specifically provided for by this chapter.
The restrictions of Section 6-17, Traffic Control, apply to dune
areas.
Section 6-17 (Bluff Area Restriction)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
The
1.
following activities are prohibited on bluffs:
Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
The restrictions of Secti;3n 6-17, Traffic Control, apply to
bluffs.
o
All development unless specifically allowed by Subdivision
6-8 of this chapter.
4. Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
5. Soil disturbance that directs surface water runoff over a
bluff face.
B. Activities specifically allowed under this Subdivision are:
Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction, modification or restoration of
an erosion protection structure.
Bluff cuts done in accordance with conditions stated in a
Coastal Erosion Management Permit issued for the provision
of shoreline access, where:
Cut is made in a direction perpendicular to the
shoreline.
b. Ramp slope may not exceed 1:6.
Side slopes may not exceed 1:3 unless terraced or
otherwise structurally stabilized.
Side slopes and other disturbed non-roadway areas
must be stabilized with vegetation or other approved
physical means, r
e~
Completed roadway must be stabilized and drainage
provided for.
3. New construction, modification or restor;ation of walkways
or stairways done in accordance with conditions of a
Coastal Erosion Management Permit.
Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
Section 6-17 (Erosion Protection Structure Requirements)
The following requirements apply to the construction.
or restoration of erosion protectic;n structures:
A.
modification,
The construction, modification, or restoration of erosion
protection structures must:
Not be likely to cause a measurable increase in erosion at
the development site or at other locations.
Minimize, and if possible, prevent adverse effects upon
natural protective features, existing erosion protection
structures, and natural resources such as significant fish
and wildlife habitats.
Bo
All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success, or where
sufficient data is not currently available, a likelihood of
success in controlling long-term erosion. The protective
measures must have a reasonable probability of controlling
erosion on the immediate site for at least 30 years.
All materials used in such structures must be durable and
capable of withstanding inundation, wave impacts, weathering,
and other effects of storm coHditions for a minimum of 30
years. Individual component materials may have a working life
of less than 30 years only when a maintenance program ensures
that they will be regularly maintained and replaced as necessary
to attain the required 30 years of erosion protection.
A long-term maintenance program must be included with every
permit application of construction, modification, or restoration
of an erosion protection structure. The maintenance program
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs, a bond may be required.
Section 6-18 (Traffic Control)
Motorized and non-motorized traffic must comply with the following
restrictions:
Motor vehicles must not travel on vegetation, must operate
waterward of the debris line, and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff.
B. Motor vehicle traffic is prohibited on primary dunes, except for
officially designated crossing areas, and on bluffs.
Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
ARTICLE III
EMERGENCY ACTIVITIES
Section 6-21 (Applicability)
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety, or welfare, including
preventing damage to natural resources. Whenever emergency activities
are undertaken, damage to natural protective features and other natural
resources must be prevented, if possible, or minimized.
Section 6-22 (Notification to Administrator)
The Administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form, outline
the public health or safety or resource for which protection was sought,
and relate the measures which were taken to secure the protection.
Section 6-23 (Improper or Insufficient Notificatioo)
If the Administrator determines that regulated activity has been
undertaken without a Coastal Erosion Management Permit, and does not
meet the emergency activity criteria, then the Administrator will order
the immediate cessation of the activity. In addition, the Administrator
may require:
SEPTEMBER 24, 1991
111
A. Removal of any structure that was constructed or placed without
a Coastal Erosion Management Permit, and'
The return to former conditions of any natural protective
feature that was excavated, mined, or otherwise disturbed
without a Coastal Erosion Management Permit.
ARTICLE IV
VARIANCES AND APPEAL
Section 6-30 (Variances from Standards and Restrictions)
Strict application of the Standards and restrictions of this chapter
may cause practical difficulty or unnecessary hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the following criteria are met:
Eo
No reasonable, prudent, alternative site is available.
All responsible means and measures to mitigate adverse impacts
on natural systems and their functions and values have been
incorporated into the activity's design at the property owner's
expense.
The develOpment will be reasonably safe from flood and erosion
damage.
The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
Where public funds are utilized, the public benefits muss
clearly outweigh the long-term adverse effects.
Section 6-31 (Format and Procedure)
Any request for' a variance must be in writing and specify the
standard, restriction, or requirement to be varied and how the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the.applicant.
Section 6-32 (Fees)
Each variance request must be accompanied by the
$250.00 unless said fees are modified by the Town Board
resolution.
required fee of
under separate
Section 6-33 (Expiration)
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one (1)
year from the date of approval or approval with modifications or
condition. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard Board of
Review.
112 SEPTEMBER
Section 6-34 (Coastal Erosion Hazard Board of Review)
The Southold Town Board is hereby designated as the Coastal Erosion
Hazard Board of Rev'ew and has the authority to:
Ao
Hear. approve, approve with modification or deny request for
variances or other forms of relief from the requirements of this
chapter.
Hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the
Administrator in the enforcement of this chapter, including any
order requiring an alleged violator to stop, cease and desist.
Section 6-35 (Appeal)
The Coastal Erosion Hazard Board of Review may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination of the
Administrator, including stop or cease and desist orders. Notice of such
decision will forthwith be given to ~11 parties in interest. The rules
and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
All appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by' the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department of Environmental Conservation for his
information.
All appeals must refer to the specific provisions of this
chapter involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims.
Section 6-36 (Appeal to the Court)
Any person or persons, jointly or severely aggrieved by a decision
by the Coastal Erosion Hazard Board of Review or any officer.
department. Board or Bureau of the Town. may apply to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules.
ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-40 [Coastal Erosion Management Permits)
A Coastal Erosion Management Permit will be issued for regulated
activities which comply with the General Standards 16-12), restrictions,
and requirements of the applicable sections of this chapter providing the
following is adhered to:
The application for a Coastal Erosion Management Permit must be
made upon the form provided by the Administrator and must
include the followin9 minimum information:
1. A description of the proposed activity.
A map drawn to a scale no smaller than 1:24.000. showing
the location of the proposed activity.
Any additional information the Administrator may require to
properly evaluate the proposed activity.
SEPTEMBER 24, 1991
Co
Each application for a Coastal Erosion Management Permit must
be accompanied by the required fee or fees as established by
the Town Board under separate resolution.
Permits will be issued by, and bear the name and signature of
the Administrator, and will specify the:
1. Activity or operation for which the permit is issued.
Address or location where the activity or operation is to
be conducted.
Do
3. Name and address of permittee.
4. Permit number and date of issuance.
Se
Period of permit validity. If not otherwise specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
When more than one (1) Coastal Erosion Management Permit is
required for the same property or premises under this chapter,
a single permit may be issued listing all activities permitted
and any conditions, restrictions or bonding requirements.
Revocation of a portion or portions of such consolidated permits
will not invalidate the remainder.
Eo
A Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance with
the policies and provisions of Article 34 of the Environmental
Conservation Law, the Coastal Erosion Management Regulations
implementing Article 34 (6NYCRR Part 505), and the laws and
policies of the Town.
F. When an application is made fpr a Coastal Erosion Management
Permit, variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit,
variance, hearing, or application procedures required by another
federal, state or local regulatory agency pursuant to any
federal, state, or local law or ordinance, the Zoning
Enforcement Officer shall, at the request of the applicant,
consolidate and coordinate the application, permit, variance and
hearing procedures as required by each regulatory agency into a
single, comprehensive hearing and review procedure. However,
nothing contained in this section shall be deemed to limit or
restrict any regulatory agencies, which are. properly a party to
such a consolidated review proceeding, from the independent
exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or
other forms of approval as they may have been granted by law.
G. In the event the Board determines that an engineer's report is
necessary to assist it in its determination then the Board shall
secure and engineer to evaluate the impact of the application
upon the rate of Coastal Erosion. The fee necessarily attending
to such engineer's services shall be born by the applicant and
shall not exceed two thousand five hundred dollars ($2,500.00).
Section 6-ti2 (Bonds)
The Town may require a bond or Other form of financial security.
Such bond or security must be in an amount, with such surety and
conditions as are satisfactory to the Town so as to ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
113
SEPTEMBER 24, 1991
Section 6-43 (Administrator}
The
conferred
duties to:
authority for administering and enforcing this chapter is hereby
upon the Administrator. The Administrator has the powers and
Ao
Bo
Apply the regulations, restrictions, and standards or other
provisions of this chapter.
Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards, restrictions and requirements of this chapter.
C. Review and take appropriate actions on completed applications.
D. issue and s'gn all approved permits.
E. Transmit written notice of violations to property owners or to
other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspectioms.
H. Serve as the primary liaison with the New York State Department
of Environmental Conservation.
Keep official records of all permits, inspections, inspection
reports, recommendations, actions of the Coastal Erosion Hazard
Board of Review, and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental Conservation.
Perform normal and customary administrative functions required
by the Town, relative to the Coastal Erosion Hazard Areas Act,
Article 34 of the New York State Environmental Conservation
Law, 6 NYCRR Part 505, and this chapter.
Have, in addition, powers and duties as are established in, or
reasonably implied from this chapter as are necessary to
achieve its stated purpose.
Section 6-44 ( Interpretation
The provisions, regulations, procedures, and
chapter will be held to be the minimum requirements
out the purposes of this chapter.
standards of this
necessary to carry
Section 6-45 (Conflicts)
The provisions of this chapter will take precedence over any other
laws, ordinances, or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws,
ordinances, or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Severability)
The provisions of this chapter are severable. If any clause,
sentence, paragraph, subdivision, section or part is adjudged invalid by a
court of competent jurisdiction, the effect of such order or judgment does
not affect or invalidate any other provisions of this chapter or their
application to other persons and circumstances.
SEPTEMBER 24, 1991
115
Section 6-47 (Environmental Review)
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act
ISEQR), Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition to information required under this
chapter. ~
Section 6-u.8 (Violations and Penalties)
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding five thousand dollars ($5,000.00) or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation of this chapter will constitute a separate additional
violation. Nothing herein will prevent the proper local authorities of
the Town from taking such other lawful actions or proceedings as may be
necessary to restrain, correct, or abate any violation of this chapter.
ARTICLE VI
AMENDMENT
Section 6-50 [procedure)
The Town Board may, on its' motion or on petition, or on
recommendation from the Trustees, amend, supplement or repeal the
provisions, regulations, procedures or standards of this chapter.
When an amendment is duly proposed, the Town Board must:
Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposed
amendments and request his advice as to whether such
amendment is subject to his approval, and if so. whether such
amendment conforms to the minimum standards of a certified
program.
Issue public notice and conduct a hearing on all proposed
amendments. The Town Board, by resolution, must cause notice
of such hearing's time, date, and place to be published in the
official newspaper not less than 10 days prior to the date of
the hearing.
Refer to the proposed amendment at least 30 d'ays prior to the
public hearing, in writing to:
The Trustees, unless initiated thereby, for its review of
the amendment and its report to the Town Board of
recommendations thereon, including a full statement of
reasons for such recommendations.
The County Trustees for its review and recommendations
pursuant to Article t2-B, Section 239 of the NeW York
State General Municipal Law.
Section 6-51 (Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conservation for Certification.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
COUNCILMAN PENNY: I want to compliment the State, that after a couple of years
of lobbying that was done on behalf of residents of Southold Town, they finally
made some changes in the law, which made the law palatable to us as a Town Board
here. This law was originally a very confiscatory law. It said that if you had a
residence, that was damaged by storm damage, and by water damage in the shoreline
areas, that it could not be replaced. Now, an appeal process has been put in place,
and it's going to be controlled by our local Trustees, so it is a case where occassionatly
the State does listen to it's residents, and in this case they definitely did, and
we're pleased to put up for a public hearing. Thank you.
SUPERVISOR HARRIS: I'd also like to comment a minute before we get into the
vote. This Coastal Erosion Hazard Area is a very powerful document, that has been
adopted, that will be adopted by this Town. This document will insure Home Rule
in the Town of Southold, and not generic plan as was first recommended, with
it many restrictions, as was previously stated by Councilman Penny. This document
we feel should help the Town of Southold in many areas of environmental protection,
but the same time providing relief, and certainly the Home Rule aspect of it, which
is very important to the residents of this town, so that we can be treated as a
separate entity, and not as I said before, as a generic entity. So, with that we'll
proceed with the vote.
COUNCILWOMAN LATSON: I would like comment, also. The overall intent of the
law is to protect beaches, and dunes, and bluffs, from building on a primary or
secondary dune system that exists within the town, and to require setbacks for
structures, so that a harden structure such as erosion control devices, that we
see today, ietties, and bulkheads, which eventually cause, although they serve an
initial purpose, lead to a Ion9 term elimination of our shoreline, and all and all,
it is a good law. It is another regulation, but the overall intent of the law is to
protect the dune system, and to protect the beaches in the town. So, I will vote
yes.
COUNCILWOMAN OLIVA: It's been a long time coming, though, because I worked
on it in the early 80's. Yes.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance
fee check in the amount of $25.00 for the October 9, 1991 program on 'Fat in the
Diet'; said charge to be made to A7320.4, Joint Youth, Contractual Expenses; check
made payable to Cornell Cooperative Extension of Suffolk County.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants Helen DeVoe,
Clerk Typist in the Buildin9 Department, a leave of absence for medical reasons,
for a two (2) year period, effective immediately.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: With condolences.
12.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute the SEQR Agency Compliance Statement
for the NYS Department of Transportation Elizabeth Field Airport State Funding
for the Airport Property Map, and to remove obstructions in the approaches to RW
12-30 and 7-25 and improve safety areas; and be it further
RESOLVED that Supervisor Harris be authorized to execute the New York State
Department of Transportation Aviation Transportation Infrastructure Renewal Project
Grant Agreements (Project No. 0913.03), (1) Remove obstructions in the approaches
to RW 12-30 and 7-25, and improve Safety Areas; and (2) prepare Airport Property
Map for Elizabeth Field/Southold Airport, all in accordance with the approval 'of
the Town Attorney.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SEPTEMBER 24, 1991
117
AMENDED November 26, 1992 by Resolution #16
13.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
extension to November 1, 1991 for outstanding medical bills of the late Marion A.
Regent, former Town employee, whereas the bills have been submitted in accordance
with the Town's health plan requirements, but Medicare is still processing them.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
'~.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Oak Street Trucking Inc., in the amount of $4.17 per yard, for supplying 10,000
yards of soil, more or less as may be needed, for covering purposes at the Southold
Town Landfill, Cutchogue.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Council~¥oman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilwoman Latson, seconded by Councilv~oman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Rhode Island Mack, Warwick, Rhode Island, for supplying the Southold Town
Highway Department with one (1) used 1985 Mack R686ST truck tractor for $28.000.00,
all in accordance with the bid specifications.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following modification to the General Fund - Whole Town 1991 Budc~et to adjust the
budget modification of July 17, 1991 since the reduction in State Revenue Sharing
is not required to be shown as a Contribution to New York State:
From:
Revenues:
A300] State Revenue Sharing $ 168,500.00
Appropriations:
A1996.4 Contributions to New York State $ 168,500.00
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants permission
to Assessor Scott A. Russell, Assessment Assistant Claire Glew, Assessment Clerk
Denise Ross, and Data Processing Supervisor Jeanne Ruland to attend a demonstration
of the RPS (real property) system which is used with the Town's AS/400 computer
system, at the Town of Clarkston, New York, on September 25, 1991, and the use
of a Town vehicle, necessary expenses for travel and lunch shall be a legal charge
against the Assessor's Office 1991 Budget.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Penny, seconded by 'Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Accountant John Cushman and Director of Proc~ram Evaluation James McMahon
to attend a Federal/State disaster assistance applicant briefing for Hurricane Bob
on Monday, September 23, 1991, at 1:00 P.M., at the Ammerman Campus of Suffolk
Community College in Selden, and the use of a Town vehicle and necessary expense
for lunch shall be a legal charge against the 1991 Budget.
18.-Vote of thelTown Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of A.R. Lombardi Associates, Inc. to conduct a smoke testing program of the Fishers
Island Sewer District system, all in accordance with their proposal dated September
20, 1991, at a cost not to exceed $2,000.00.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Council~zoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUSTICE EDWARDS: Just a comment on this. On the Fishers Island Sewer District
system we have to believe over there that there are quite a few street drains, that
are tied into the sewer system, and in order to find out which drains are draining
off road runoff water into the sewer system, what they do is put a big smoke bomb
in there, and blow the smoke back through the system, and just check the different
culverts along side the street, and see were the smoke is commng out, and these
culverts will have to be blocked off from the continuous of running the water, because
everytime over there, our energy usage charge running the pumps is probably
triple of what it normally should do. So I will vote yes.
20.-Moved by Councilwoman Oliva, s~conded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Southold Town Landfill to accept, without charge, brush, leaves, trees and stumps
from the destruction caused by Hurricane Bob, until October 8, 1991.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Once again, l'd like to thank the Town Board for authorizing
the landfill to be opened upon our request for two more weeks. This certainly should
help to expedite, we hope, the final cleanup from Hurricane Bob, and certainly will
help the Highway Department on an expedition that they have been on for the last
fou~ weeks, going through the town as quick a manner as possible considering the
amount of debris they've had to pick up, at least on a first time basis, and hopefully
by the end of this week, or the begin,ning of next week, there will at least one
complete pass made initially, and then the Highway Superintendent Ray Jacobs will
then endeavor to start over again, and clean up those areas which possible have
been left again untouched, even though they went through once, because many areas
that he went through very quickly, those residents certainly didn't have an opportune
time to get all the debris out, because Highway has been so efficient. So with that,
this certainly should expedite, and thank you, Town Board, for that offering. The
last resolution of the evening that we have is a resolution asking for the Southold
Town Board to hereby authorize myself to execute an application to the J.M. Kaplan
Fund for a planning grant, and like a motion, and a second on that.
21.-Moved by ~ounc~[Iwoman Oliva, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Scott L. Harris to execute an application to the J.M. Kaplan Fund for a planning grant.
COUNCILWOMAN LATSON: Yes, and I'd like to thank Councilman Wickham for looking
into this grant application for the Town Board. He feels that the fund will seriously
consider a grant for $20,000. to help the Town finance a planning grant in relation
to our Master Plan, and it's update.
COUNCILWOMAN OLIVA: Yes, and I just hope this is the start Of a very exciting
time in the planning process to go forward to look at the comprehensive plan in
a far more enlightened manner.
21.-Vote of the Town Board: Ayes.: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd, also, like to comment briefly on this resolution, that
we have just passed. The Southold Town Board has informally agreed to explore
the Planning Board with ways to update the Town's Master Plan. The basis for
these discussions will be written recommendations from the UK and the US Steward-
ship Exchange. The Town Board is seeking a mutually convenient date for the
two Boards to meet, and has asked the Town Attorney to outline a framework,
or a process which a review would be then undertaken. As part of this exercise
the Town Board recognizes the need for outside professional support, similarly
in some respects to that utilized in preparing previous Master Plans by the Town.
Accordingly the Board has formally adopted a resolution today endorsing applications
for support which would finance those professional consult.i,ng serwces. The
exact shape of this effort will not be clear exactly at this time for various, because
there still is a lot to endeavor upon. The US/UK Stewardship Exchange report
is not yet available. We hope that that is expedited, and those who have helped
bring about the US/UK Exchange Program will push that effort. Numberous views
from different groups, and individuals have yet to be solicited. The joint meeting
of the Planning and Town Boards has yet to take place, and ~the Town Attorney's
procedural recommendations are not yet available. Nevertheless it is the sense
of the Town Board to move ahead with this important undertaking with all reasonable
speed, and I can assure you that this Town Board will endeavor and has endeavored
SEPTEMBER 24, 1991
119
to do that, and the start of it was tonight, obviously, with the passage of this
resolution. Also, while we proceed to go out to our audience, I notice there is
a young class out here from high school, an economics class from Southold High
School. I'd like to welcome you to see the workings of Town government in your
town, and this meeting was a rather quiet meeting, although there are some meetings
that are certainly a lot more exciting, than tonight, and I don't want you to have
a picture in your mind that Southold Town is always as mundane as you have seen
operate. However, a number of weeks ago this Town endeavors upon the tax base
of this throught litigation, continuinc~ litigation, with the DEC, and the Attorney
General's Office, and in protecting t~e economic base of this town through that
litigation. I'm pleased to support and recognize that as of the end of last week,
we have been successful with a permanent state against the DEC, and the Attorney
General, from our Landfill closure. Until the Article 78 proceeding, and for those
of you in economics, that is the proceeding that gives you administrative relief
from a ruling that is decreed by a Department, such as the DEC has done a number
of weeks, and with that permanent stay in place, we are pleased to announce to
each one of you tonight, that the landfill is now, and continues to be legally open
under the Court's protection, until such time as that Article 78 has been adjudicated.
In the meanwhile, this is time for us to endeavor to proceed ahead, and God speed
to work with the DEC, as we have been on a continuing basis, to come up with
a resolve for a lot of the solid waste issues, that are before us, and other townships
on the East End. Hopefully, we will come up with a resolve with the economics,
and the environmental issues, that are before us, when it comes to this cause,
that we have been fighting so diligently for for you, and others like yourself,
for the future of Southold Town, not to mention the taxpayers, and the residents,
that are here today. So, as I said be~fore, I welcome you to the Town of Southold's
Board meeting. I would hope that many of you will endeavor to come back, many,
many times, as your school year proceeds, to watch your Board, your elected officials
in office, and also in action, I hope a little bit more than you've seen tonight.
But, welcome, and congratulations again for coming tonight, and I hope that you
go back, and have some good reports back in your high school, that you can share
with some of your classmates. At this time, I'd like to go out to the audience to
find out if anyone of you out here has any questions, that you feel are important,
that may not know about, or maybe that we do know about, that hopefully we can
answer for you, if you feel so moved. Is there anyone in the audience, that would
like to address this Board?
COUNCILWOMAN LATSON: I would just like to comment a little bit. These young
students here tonight, and young adults are here tonight, are members of the $outhold
Town Youth Board. I think some of them are here to speak with you. As you know
the Town Board formed the Youth Board in January of 1991. We authorized their
membership, and we have various community members,along with youths,sit down
and try to do a needs assessment for the town. They worked for a year this month
on this report, and the preliminary report was initially submitted to your office,
and circulated to the Town Board. As part of their Youth Board meeting they asked
for the opportunity to come in, and address the Town Board tonight. We have several
members out in the audience, who are members of the Youth Board, Cindy Goldsmith,
Isaac Kaplan, Damon Rallis, and other students from various school districts, who..
Ama~0. cta Barney in the back, Bonnie Mazzaferro, Mark Gagen, Mary Anne Fleischman,
Mr. Westgate from Southold School. They are here tonight, sbme of them are going
to speak. They've formulated their speeches on their own. I have no idea what
they're going to say. I feel that they probably strongly support the work that
they've done, so I guess you can begin to recognize them and see what they have
to say to all of us. '
SUPERVISOR HARRIS: Would the first one come up? Would you state your name
for the record, please?
CINDY GOLDSMITH: Cindy Goldsmith. The Southold Town Youth Board was
established in order to investigate the needs of the youth in Southold Town, in
order to provide the base for a structured long range program, and improving the
welfare of the youth. My name is Cindy Goldsmith, a representative from Greenport.
I'm here to discuss a Town Recreation Center. Now, this Center would different.
The students would be involved. They would run it, and they would make and
choose what to do. It wo~!d~beideal for basketball meets, games, teen parties, which
I would gladly get involved in. This place would be a safe place to hang out.
You'd give kids something constructive to do. Maybe change their attitude as far
drugs or alcohol. From my own experience I feel this Town does realize that there
is very little activity to do. You have to over the age of twenty-one, and under
ten. I'm urging you to read and review the report we've put together. I'm urging
you to approve the funding. We have worked for over eight months on this. We
have interviewed, and surveyed people, like Dr. Weiss from Family Service League,
school from local districts, and Bessie Swann, Executive Director from CAST. I'm
urging you to read and review, and approve the funding. Thank you.
SUPERVISOR HARRIS: Thank you, Cindy.
ISAAC KAPLAN: l'm Isaac Kaplan. l've been on the Youth Board for almost a
year. go to Southold School. Every day after school I see kids my own age hanging
out, smoking and drinking. A lot of these kids have troubled home lives, and don't
have much to do. Our schools have almost no after school programs except sports.
Most of them just wander around until dark. Illegal drugs, sex, and drinking are
just a way to pass the time. These kids need adults to talk to, and help them sort
out their problems. Guidance counselors, and teachers often try to help. They're
usually too busy with their regular job to offer a real solution. Another problem
is that small schools, like ours on the North Fork, kids see facility members every
day. They have a hard time really talking to them, when we know we'll .have to
face them the next day in class. A trained counselor came to each school for a
few hours each week would be better able to help us, because kids are naturally
trust him, or her, much more. If a counselor is going to be successful kids have
to trust them, and totally open up. A counselor would also be trained to deal with
the drug and alcohol addictions, that most teachers don't know how to cope with.
As you can see schools in Southold Town need a professional counselor to help kids
get off drugs, and alcohol, and off the street. Any money we spend now is worth
it, because a person that has a lot of problems now, can be turned around, and
made into a productive citizen of Southold Town for the rest of his, or her life.
Another benefit of studies successful counselor program now, that at the present
time State and County departments are looking to contribute money to strengthen
existing substance abuse counseling program. I'm urging you to thoroughly read
our preliminary report and approve the budget set forth in it. A successful recrea-
tion program keeps kids busy, provided with a good counseling program will make
Southold Town a healthy and safe environment for us to grow.
AMANDA BARNEY: Good evening. My name is Amanda Barney. I'm a 17 year
old youth representative from Mattituck. In Mattituck High School the door is closed
to students and facility at 4:45 P.M. The administration deems this neccessary to
prevent loitering students from damaging school property, and generally engaging
in improper behavior. The established Southold Town Youth Board could be beneficial
by setting up after school programs for those students who don't have anyone to
go home to at 2:30 in the afternoon. Using it's funds the Youth Board could set
up programs promoting constructive behavior, such as arts and crafts for the younger
students, and perhaps counseling for all who want it. Please consider approving
the funding for the Southold Town Youth Board, so students will have a local place
to hang out, socialize, and be creative in a supervised environment. Thank you.
SUPERVISOR HARRIS: Thank you.
DAMON RALLIS: My name is Damon Rallis, and I'm from Greenport High School.
I'm on the Youth Board. When many people look at Southold Town from a distance,
they may see a typical rural community. They may get the impression that the welfare
~of the youth in the community is probably one of the least pressing concerns. If
you're one of these people, you're wrong. Tonight, Cindy spoke of how a Rec Center
run by the youth is important to this community. You may say to yourself, these
kids find plenty to do, and they don't need our help. You're right. They do find
plenty to do. Every weekend I see children as young as twelve years old, drinking
and getting high. Twelve years old, when I was that age my idea of fun was building
a fort with my friends. Isaac talked about the need for youth counseling. You
may think that there are so few problems here, that counseling is useless, but that's
wrong. This summer a friend of mine told me she was pregnant, and was looking
for help. After a month of stress and confusion, she finally made her way to
counseling, and a operation. Maybe it would have made things a little easier if
she had counseling close to home. Please help the youth of Southold Town. They
need you now more than ever. Maybe it's too late to change the ways of a few,
but with your support we can turn the welfare of the youth community around.
Thank you.
SEPTEMBER 24, 1991
121
SUPERVISOR HARRIS: s there anyone else from the Youth Board, that would like
to speak at this time? If not, I'd like to first applaud for the job that you've been
doing since the Youth Board was formed by Southold Town. This Board recognizes
the need for youth in this town to have activities, and certainly to have a outline
for those activities, which you are structuring right now. For those of you who
are here, and those who aren't, we applaud you for volunteering your time to serve
on the Board, to not only deal with your peers, but also to deal with the individuals
in Southold Town, who are not yet born, that will come into this township, and
find this a great place to live, and hopefully find this a place to stay. Many of
you who have come tonight have expressed your concerns, and our concerns were
just as severe as those that have stressing in your every day lives, and one of
the reasons that we as a Board have endeavored to pursue a Youth Board in this
Township is because it has been ever increasing on our minds, that while we are
constantly worrying about the everyday matters, that are before us, that the youth,
the future of Southold Town sometime goes by us without recognition. We see what's
happening in many areas within the Town as a Board, especially in the evenings
with little to do, except for maybe going to the movies. Many place, of course,
that you go to, to frequent, to get together, the police in this towns have to sort
of herd you, sort of like cattle from place to place, which .to me is very sad. The
Town youth of Southold should have a place that they can get together, enjoy their
comracter, y, but certainly should have activities ourlined by you, that you feel would
be worthwhile for everyone in the town to pursue, and not only as I said today,
but for those people who aren't even here yet. So, as you endeavor to go down
this road, and continue to give of your time so freely, feel free at any time to
certainly contact any of us on the Board to help you in these matters, and we will
with all deliberation look at that Budget, that has been provided this year, and
look at a way that we can fund that, at the same time still provide the essential
services to the rest of the town, that are needed when the economics of the State
of New York, not no mention the County, are in dire straits, and with that I thank
you for coming tonight.
COUNCILWOMAN LATSON: I would like to comment a few things in this respect.
I've had .the opportunity, as the Town Board Chairperson, to work with a lot of
these kids for over a year, and to work with Mary Anne Fleischman for over a year,
and Mark, and Bonnie, and many others, i can tell you it's been an interesting
'learning experience for me. I've learned a lot from these kids. I've learned a lot
about their problems, not so unlike the problems, I graduated from Greenport High
School in 1971, and some are like the problems we were beginning to face at that
age, but I think that they're even getting a little more difficult now. I'd just like
to acknowledge the complete Southold Town Youth Board membership at this time.
Harvey Arnoff, our Town Attorney. Jim Christie from Mattituck School District.
Janet Greife, Cynthia Kum.~-]~)s from East End Community Services. Damon Rallis,
who spoke this evening. Ry_a_n:~- Springer from Southold High School. Stephen K'Qbl
from Southold High School'. Jim Martinson, who will do..he is a computer specialist,
and will do the final analysis on all our surveys, when they're completed. Karen
Di~ffl~y,', RN, Bonnie Mazzaferro, community members, extreme dedication to the youth.
Ken Reeves, our Recreation Director of Southold Town. John Witherspoon from
HUGS. Beth Wilson, Detective now, and member of the Juvenile Aid Bureau. Kevin
Lynch a former member of the Juvenile Aid Bureau. Stuart Ross, Southold High
School. Marie .T:~l.l~i~tr.~_[Lc~:, who faithfully served as our secretary, and attended
approximately four, or five meetings every month. The Committee was divided into
three groups. Most Committee members were required ~o attend two meetings a
month, a full Board meeting, and a sub-committee meeting. Marie attended many,
and did all of our minutes for us, and submitted them to the Town Clerk. Amanda
Barney from Mattituck S.chool District. Mark Gagen, who has worked with the youth
in the town., especially in Southold for probably fifteen years f~om his volleyball
games to hi.s youth envolvement through St. Patricks Church. Cynthia Goldsmith
from Greenport Sc:hool District. Isaac Kaplan from Southold School District. Jim
McMahon, our program evaluator, and Eric Olson, who was a member of one of the
first original Youth Boards in Southold Town, and Judy Finch, and with that I'd
like to thank you all for coming tonight, and that's about all I have to say. I
appreciate all the work and effort that you've done, as does the whole Town Board.
SUPERVISOR HARRIS: Ellen, also we'd like to thank you for the job that you've
done in chairing this, and getting this staying on course with it. We understand
it was not an easy task, especially on a first endeavor, but as the time goes on
we hope to improve many aspects, and we hope to get a lot more people involved
in the Youth Program. Mary Anne I know you and I have chatted quite a few times,
and one of the areas that seems right now to be a little short is many adults to
be involved on the Board itself, the Youth Board, and I realize that time constraints
are very valuable in everyone's everyday lives, however, the youth of our town
are, also, very important, and certainly to take a few hours out a few nights a
week to help this Youth Board get underway, and get it structured properly, as
the assessment continues will be well worthwhile in many years to come.
COUNCILWOMAN LATSON: Also, we got additional support from the Probation Depart-
ment in the County on the juvenile problems. There are two Probation Officers,
who are being assigned to this area, so the problems with the youth are there,
although we do have a terrific community of young people in Southold Town.
SUPERVISOR HARRIS: Yes?
GLENN MOELLER: My name is Glenn Moeller. I've addressed you all before, i'm
the Director of the North Fork Early Learning Center. I submitted a letter to the
Town Board. I assume you've ail received it. I'd just like to put in a little bit
of the level of austerity, that we've been operating under for the last year. I
know that all aspects of the Town, we've been iust discussing youth just now, and
this is pretty appropriate where it fits in. But I need to discuss a little bit the
level of austerity we're operating under, and the closeness to closing the program
the program is at this time. Going back a year in November of 1990, due to constraints
from the Town Board, our funding was cut from what it's annual amount has been,
which was $11,000. to $6,400., a $4,600. cut. Immediately after that, within weeks
after that, our program because of depending on this money, layed off two full time
teachers, so the program then existed with one full time teacher, and myself; as
now teacher director in both jobs. That continued for November, December, and
January. At that time I went out and found a second director's job at a day care
center in Riverhead. I was now a director of two day care centers part time. My __
salary was cut back appropriately. That saved a few more thousand dollars. That
went through the spring semester. By the end of the spring semester the enrollment
in the program had picked up a little bit. The paperwork had backed up far enough
that if I didn't come back, we wouldn't have a program. I then came back full time
to the program, again. We operated at a break even level through the end of the
summer, and through the summer. At this time, in September, again, becauSe of
the seasonal nature of day care, and because basically the level of need in the town,
which is a need that's not big enough to run a break even center. A break even
center ususally is described as a center with about a hundred children. We run
with about twenty children. It's fifty families, that we serve per year, but most
of them have part time schedules, two or three full days per week. So, we've
-struggled with it. I think if you compare. If you go to that Child Care Council
of Suffolk, and took for some comparitive budget, I think you'll find we're the winner
or close to it in terms of a thrifty program. We're certainly the cheapest. You
go to anything west, and I think there may be one program probably in Riverhead,
(tape change.) from the North Fork Bank, a non-secured 'loan based on good wishes
towards us. We have $4,600. loan, basically from the Town, so we're asked 'to put
up a month's deposit in advance, and that $8,600., $5,000. of it is already gone
from deficit. We're running about $1,000. a month deficit at this moment, which
means the town has tentatively earmarked for us for 1992 would fall short of even
breaking us even to start the year in 1992. Basically since we have no endowment
we have no significant property, we can't carry a deficit of five or ten thousand
dollars. We'll just be forced to close. We can't meet a payroll, so I would invite
you, certainly, to come down and visit the center. I would invite you to request
specific types of financial data from me, so you can confirm, or-look into how the ~
program is being run, and I'll be more than happy to open up everything for the
Town Board, and basically try to get you to adjust your sense of appropriateness
in the level of our funding I think in terms of the community that we serve. The
community, again, about 50 families a year, give or take in that area, and if you
look who they are, and the fact that they're all working people, which means some-
thing to some people. We have a third of the program is on scholarship basically
through Suffolk County, which is money that comes through actually the Federal
and State government, but Suffolk has to pay a part too, and even with all their
cuts, they've only cut us back 10%. We still have most of that money 'coming. As
you see in the letter, the biggest Federal ~unding day care bill in history just passed,
and that money is going to be made available through the State in the form of different
grants in the coming year. Right now, I think we need a sense of proportion, if
you look at what you spend in other areas in human services. I don't want to compete
with any other areas, that's what's so difficult. I mean, there's not a single human
service I'm in opposition to saying, I want their money. But if you look at the
SEPTEMBER 24, 1991
123
proportion of funding that the Seniors get, and others that are a little more powerful
in numbers in this community, and look at the proportion of money, that the young
children are getting, I think you may be able to come up with a few more dollars,
and help us at least break even by the end of 1991,
COUNCILWOMAN LATSON: There's a women, Venetia McKieqhan, who directs our
Senior Citizens Day Care, and goal of hers for a long time,-and a goal that we have
been working on for quite some time is to find a approriate building, that will jointly
have a senior citizen, and a day care center for the town.
GLENN MOELLER: We've been working closely with Venetia, and with the town.
COUNCILWOMAN LATSON: Vee is about the best grant writer, that you could ever
come up with. She can find grants. I think it looks very hopeful for you.
GLENN MOELLER: We got nervous for awhile, I mean mainly through the newspaper
at times, there would be I don't know how many articles. I mean, you have to know,
Ellen, I have blue prints going back through two administrations, and I haven't
lost faith, but I'm getting older. I'd like to see this long term promise come through
at some point. I've worked closely with Venetia. I understand the need for a perma-
nent building is important. We can't expand at that present site. We have one
big room, which is even too big for what we use. We can't break it into two little-
rooms. We can't expand on the building, because of certain sewerage problems,
and whatever. Frankly, it's not a permanent location. It's becoming more used
recently by other groups. We really ~eed a permanent location, just like every
other human service, if it's meant to be a service it stays.
COUNCILWOMAN LATSON: More and more women, I think, with young children
are looking either for part time, or they're getting into job sharing, and some do
have to work full time. There's no doubt about it. They have to be full time workers.
In a situation now with day care, you have to show the Social Security number of
the child care giver on your income tax return in order to write the child care deduc-
tion off. Now, how 'we can say we're trying to help people get appropriate day
care, and I couldn't leave my child with the grandmother on a fixed income, and
write my child care expenses off, because she doesn't want to have to report that
money, and rightly so. So the Federal government should really look at what they're
doing as far as child care goes, and it's a growing problem, because women are
going to be in the work force. It would be nice if every mother could stay home
until a child is three or four, that would even be better, but we haven't reached
that point yet in this society, unfortunately.
GLENN MOELLER: The younger the children are, the more expensive the service
is. Basically, to understand how impossible it is to break even in day care, the
school district, which all our taxes support in great amounts run classrooms twenty
to one ratio. When I run a classroom, I have to run it with a mixed age group
of three and four year olds with a seven to one ratio. If I serve the next age group,
which people are clamoring for, which there are no programs on the entire North
Fork, which is toddler care, one and a half to three year olds, I have to run a
four to one ratio. When you're hiring a teacher, no matter how underpaid, and
the day care teachers get half or less than the school district teachers, and are
working through the summer, and to five o'clock every day, and the administrator
gets half of what the school district administrator gets, even an assistant school
administrator..a half.. There's just no where further to cut on expenses in terms
of our operation, and that four to one ratio, the people who need that care, which
is just about everyone, they can't afford to pay a fourth of the people's salary. There
has to be some form of public envolvement, if you're going to go along the road
of caring for children at a young age in any way, and ! think the time has come
to take a hard look at it, because the monies about to come, and I'm a successful
grant writer. Every grant I've applied for we've gotten. We've gotten a total
amount, including the money from thee Town. That's $84,000 in the last four years,
and unfortunately I think you know the way grants work. You can't just sit still
and say we'd like to operate again next year. You have to do something new. You
have to go out, so the next step for us would be into toddler, and there are
$30,000. grants from the State waiting for that, that would more than fund the class-
room and the operation. You've got to move forward.
SEPTEMBER 24, 1991
SUPERVISOR HARRIS: When you ancJ I have talked quite frequently, and even
including the letter that we helped give you to get a line of credit for your
establishment, we'll certainly help you. You and I have had discussions on and
off, despite whether you've read in the newspapers or not, you and I have had
this discussion. You definitely are included in al the plans for a human resource
center, when this town feels they have found an appropriate site that will not only
meet the needs of today, but will meet the needs of the future of Southold Town
n expansion capabilities. You have always been a part of that process.'VeeMcKieghan
has always included you in that process, and hopefully we will be coming to a resolve
with that at some time. I hope shortly, and not the time that you said you've been
waiting, but certainly you are in the same situation as many other organizations
with cutbacks, and finding pressures put on you when it comes to the economics
of the area, and certainly the young people in this town, the husband and wife
that both have to work, certainly have to find day care as necessary way to do,
to survive basically in this town, and the service that you provide through the
North Fork Early Learning Center, these individuals go up to five years of age,
and you have about twenty. Last year you had twenty-eight, right? I think this
year you're going to have twenty-five, is that what you were telling me?
GLENN MOELLER: The building in terms of every squane foot is licensed for twenty-
nine. We generally run at about twenty-one in terms of the need in the community,
as long as it's not crowded in the classroom. But it fluctuates wildly. You get
to September.you graduate fifty, sixty, seventy percent of your children. You
don't get them all back immediately. The enrollment comes in throughout the whole
year, and there's constantly ups and downs enrollment yet. We have one administra-
tor, no secretary, no computer. You can't get any smaller. If you want to have
a program at all, you have to at least carry a one classroom program, even through
good times and bad, and I guess what I'm saying is while we're waiting this building,
even the most speedy move towards this building, you know, you'll be talking about
next year some time. Don't let us close for the lack of a few thousand dollars
operating money. If you'll look at that sense of proportion, the amount of money
we're getting for what we're serving, I think, you know, you know you can return
that funding level back to what we were getting for the three year before it. It
sounds like just a small amount of money to you, but it's life and death to us.
Another five thousand dollars, we close over five thousand dollars. That's two
payrolls for me.
COUNCILWOMAN LATSON: What are your operating hours, Glenn, Monday through
Friday?
GLENN MOELLER: We operate right now, Monday through Friday, from eight to
five, which is a little tidy. That even cuts our budget. We used to be eight to
six, and appropriate hours might even be seven-thirty to six, but then it means
two shifts of teachers. No one can work more than eight hours. That ups your
budget. We cut back to eight to five at one point with an unpaid lunch hour. To
work these teachers for nine hour days, we have a bare bone budget. We can't
get any smaller, or tighter. You know, I don't want to get too ridiculous, but
to put it out there further, I am the maintenence man. I am the lawnmower. I am
the repairman. I think we have $100.00 a month now, you. know, consultant on
the books to keep some of the things straight, but I do the bookkeeping. One of
the staff teachers does typing for free. It's that kind of a thing. You just can't
get any tighter, and I'm saying you've got to come through for us iust with a little
operating money, just until this grant money comes through. Get us into that new
buildin, g, the grant money, we'll carry it for awhile, but I think long term you have
to look at the realities of running a day care program. It's not going to break
even, unless you move me to Port Washington, and let me charge twice as much
money, and then even earn money on it, but if you're going to ask me to operate
in this community, and serve the working people who come to me. Working people,
that come to me basically are both working, and half working for themselves out
of a truck, and they're not people who are going to take a 50% raise in tuition,
which right not I'd have to do to break even.
SUPERVISOR HARRIS: Glenn, we appreciate your comment in addressing your
concerns, and certainly this Board will be deliberating during the budget process
with not only your needs but many other in the community with similar situations
based on the economics.
SEPTEMBER 2~, ,991 1 2 5
GLENN MOELLER: We'll look forward to your answer on that, because again, just
like you, we have to put out a budget together right now for next year, and it
would help us in terms of not doing foolish loans, or whatever, or foolish closings,
if we could know as soon as possible what your response will be.
SUPERVISOR HARRIS: Thank you. Is there any other member of the audience
that would like to address this Board? (No response.) If not, I will entertain a
motion to adjourn.
Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:30 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Southold Town Clerk