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HomeMy WebLinkAboutTB-06/26/1990-S472 SOUTHOLD TOWN BOARD SPECIAL MEETING JUNE 26, 1990 A Special Meetin9 of the Southold Town Board was held at 5:00 P.M., Tuesday, June 26, 1990, at the Southold Town Hall, Main Road, Southold, New York. 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 Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: Being as to address the location of the facility, that was to be put in place by The Way Back, Inc., on 500 Crown Land Lane in Cutchogue, the Board at this time has a resolution, which is going to entertain dealing with appointing a committee for an alternate site location, from the present site, that has been picked out. I will turn it over at this time to Town Attorney Harvey Arnoff, for further clarification. TOWN ATTORNEY ARNOFF: At the outset, the people here should be advised that through my office, and communicating with Mr. Burke of The Way Back, who is present, we have enabled to agree to extend the forty day period provided in 4134, to August 1st, as a control date. The purposes of obtaining, or at least attempting to obtain, alternative sites. As a result of that our office drafted a resolution, which I believe, the Supervisor will read, which I think is very clear, and deals with the future selection of alternative sites. SUPERVISOR HARRIS: As Harvey has indicated, we do have an extension at this point, until August 1st. It is the intention of this Board, and we will have a formal vote on it, to appoint ourselves as a site selection committee, as the base, or the core, and then after that we will, also, add certain members of the community, or whoever feels that they want to volunteer or help with this site location. As this time, I'll read this resolution, officially into the record. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, WHEREAS, the Town Board has considered the application of The Way Back, Inc. for the e$'tablishment of a community residence for the adult mentally disabled at 500 Crown Land Lane, Cutchogue, New York; and WHEREAS, the Town Board has determined that it is the best interests of the Town-of Southold, its citizens, and the applicant to suggest alternative sites pursuant to Section 41.34 of the Mental Hygienc Law of the State of New York for the proposed community residence; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby creates a Site Selection Committee for the purpose of assistinq in this, as well as all future applica- tions under Section 41.34 of the Mental Hygiene Law; and it is further RESOLVED that the Town Board declares itself to be the members of said Site Selection Committee, subject to whatever additional members the Town Board shall deem appropriate. TOWN ATTORNEY ARNOFF: I'd like to add something for the people, who are here. Under the law, we are not required to pass upon the application itself, at this point, so we are merely required to either accept it, reject it, or propose alternative sites. It's one of three at this point. We are not required to make final determination at this particular junction, in other words to reject site one, and it would inappropriate for the Board to do that at this point, because it is inconsistent with obtaining alternative sites, and working together with The Way Back towards that goal. So, in case anyone has a question, as to whether or not, a final determination is being made right now, by this resolution, on 500 Crown Land Lane, it is not. 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: Is there any other discussion, on this resolution, while we're here, pertaining to this? The Town Board now has declared itself to be The Site Selection Committee, and we will at this time entertain any members of JUNE 26, 1990,~71;: 473 the audience, who would know of anybod~'~h;~'~'~ould like to volunteer, or assist this Board in finding an alternative site, rather than the one that's proposed. Yes, sir? EDWARD VETTER: My name is Edward Vetter. My address is 2765 Highland Road in Cutchogue. SUPERVISOR HARRIS: Someone else have their hand up? Mr. Burke? FRANCIS BURKE: Supervisor Harris, and you of the Town Board have choosen to suggest alternative sites for our proposed community residence, other than 500 Crown Land Lane in Cutchogue. It is obviously neccessary for me to give you, and any oncoming committee, guidance with respect to the site. In short, we are interested in a site, which is spacious enough to comfortabl_~ accommodate eleven residents, i have attached a copy of the New York State Office of Mental Health regulations in the operation of community residences Part 586, which outlines all of the environmental and programatically requirements for the establishment of such a site. I will turn your attention to page 26 of that document, section 586.9, which pertains to the requirements of the physical site itself. These regulations set a minimum standard for the selection of such a site, and be advised that we are interested in considering alternative, which are of similar quality of the Cutchogue house. A site, which in some important respects, exceeds the minimum standard. For example, the square footage for a multiple bedroom is 75 square feet, per regulations, but in the site, which we choose, we only have double bedrooms as a maximum. Five eighty-six allows you to have up to four people in one bedroom. We anticipate not going to place, and figure on putting any more than two in one bedroom. So, the appropriate alternative site must be meet particular standards, as particular as you can get by comparison to the Cutchogue site. Be assured of our cooperation during this period. I, and my assistant, my program director are available, days, evenings, weekends, to inspect alternative sites. If you require any additional information, please contact us. COUNCILWOMAN LATSON: Mr. Burke, my comment to the Board members, and to the Town Attorney's Office is that, we specifically have what's called a residential office zone in the Town of Southold, which is located adjacent to all of the hamlets, _.and the zone was designed to accommodate the larger homes, larger older homes, so that professionals could move into them, and maintain them, and upkeep them. The residential office zone is located basically adjacent to all the amenities, that you are looking for, churches, schools, shopping, walking distance within town, so that would be the first area, that I suggest that the Site Selection Committee investigate, with the cooperation of real 'estate brokers in the Town, to see if we can find something in that line, bus lines, libraries, that type of thing. FRANCIS BURKE: I'm not familar with the zone, but it sounds good, so certainly.- we will cooperate. COUNCILWOMAN LATSON: So we'll try to at least exhaust that alternative. TOWN ATTORNEY ARNOFF: Mr. Burke, for the purposes of the Board, you and I have a discussion. So that they know, I haven't had a chance to tell them, and I..think-the public should know as well. The perimeters for the four corners of our search is the entire Town of Southold, and not limited merely to the hamlet of Cutchogue. That's what we discussed, and I wanted to have that confirmed. I wanted to confirm it. I take you at your word, but I'm just saying, so that they know we are not limited to Cutchogue. There was some misconception earlier in the week in that regard, and that's why I called you to clear that up. FRANCIS BURKE: That's true, but I would caution you, that to be out on the tip of the island, would be .... I don't mean to suggest that either. Yes, you're right, the entire township. SUPERVISOR HARRIS: Thank you, Mr. Burke. If there are any other members of the audience, who happen to know of individuals, that would like to assist the Town Board in site selection of this group home, would you please have them contact my office. The phone number is 765-1800, and I'd be glad to entertain anybody, that would come forth with any inventive ideas, as far as an alternate location goes. I know that during the public hearing, there were a number of individuals that said, or expressed concern, and said they would help this Board in any way possible, and I will certainly adhere and put them to their word of offering that help to this spot. Yes, sir? HAL MCKINLEY: : What's involved in helping the Town Board? SUPERVISOR HARRIS: Well, we have in front of us, the site selection book, and I think in there, the square footage, that is needed. As was mentior~ed, within walking of the town. Maybe, is Mr. Burke still here? Mr. Burke, would you like to address that question, briefly, if you can? 474 JUNE 26, 1990 FRANCIS BURKE: First of all, if you'd like to volunteer to sit on the committee, I would like to have, not just for this proposal, because ! know.. SUPERVISOR HARRIS: We welcome your expertise. FRANCIS BURKE: The question, I'm sorry, was? HAL MCKINLE.~ What's involved? FRANCIS BURKE: Well, essentially, I know that I've received several calls from real estate people, who got the paper, and had potential sites. Basically, becoming familar with 586, the building requirements, and being able to go out and look at a site, and see if it's relatively decent, structurely sound. You don't need to be an engineer, but if it's something we might be interested in looking at, knowing the square foot. HAL~MCKINLEY . : In other words, you have to rely on real estate brokers. SUPERVISOR HARRIS: What we'd like to do, is again, when the committee meets we will identify by what the criter~ ~,$, by site selection, that is given to us. We, also, identify locations, if it is RO zones, as has been mentioned by Council- woman Latson. Then that would be the criteria' We will identify these zones, and then go out to the public at large, then ask that they know, or possibly have a house that they would like to sell for this purpose, that will meet all the require- ments. COUNCILWOMAN LATSON: I might, also, suggest, Mr. Supervisor, that we include the building inspector in on the Site Selection Committee. SUPERVISOR HARRIS: I think that's part of your criteria ~too, isn't Fran? When you go in, you have to meet the codes and the New York State Building Code has to... HAL MCKINLEY': Can.lask you a question, Way Out or Way Back? _SUPERVISOR HARRIS: It's The Way Back. HAL MCKINLEY : Is this a profit making organization? Hal McKinley. SUPERVISOR HARRIS: No. ~ .... -COUNCILMAN PENNY:' l'would just like to address a question to Mr. Burke, ~nd that i$'~ if Mr. Burke was chosen by "the Town Board to sit on the Site Sele(:tion Committee, would this mean that the approach, that is taken in the future~by _ his organization would be different from the approach that was taken now, and that we'd revert in the site selection process back to clause B, which says that before a site is selected Mr. Burke will notify the town of his intent to put another home in the town, and then work with the Town Board, as was not done in this time. The only way, that I would support Mr. Burke being on a committee, is with that committment. Are you willing to make that committment? FRANCIS BURKE: I'm not sure I follow .... COUNCILMAN PENNY: I think you know full well, what I'm saying. COUNCILWOMAN LATSON: I'm willing to support you on the committee. COUNCILMAN PENNY: Mr. Burke, I would like an answer. SUPERVISOR HARRIS: His concern is, that the one section of the Mental Hygience Law, that states before you go to C, after you pick sites, that you go to B first, and that is you come to the municipality and say what your intentions are, and then you work and try to find a location in advance. That's what this question was. COUNCILMAN PENNY: Not pick a site, and ~hen come and do it like you did this time. FRANCIS BURKE: I think what you're referring to is what's called a site a specific letter. That is to say, we'd like to develop in your town, establish a site selection committee, and find us a place. It's not been done, I can tell you, because it is generally not cataloged to town officials, because they end up getting into real estate business. It could take you six months to find a place. It's a lot of running around, and kind of unfair to put the burden on the township to go out and find you a place. That's my feeling on it. If Southold would like to approached in that manner, I would certainly be willing communicate to the Long Island regional office, that in the future Southold receive site a specific letters. I honestly don't think you'd like it. JUNE 26, 1990 475 COUNCILMAN PENNY: Quite honestly, I think I would, personally, like it a lot better than this proceeding. SUPERVISOR HARRIS: Mr. Burke, let me ask the Board. Does anybody have a problem? COUNCILWOMAN LATSON: I want comment at this time. SUPERVISOR HARRIS: Tom? COUNCILMAN WICKHAM: I think it's very important to have the input of the director. Whether he needs to serve as a regular member of the committeee, is another question. The committee is going to come up with some alternatives, and then present them, and then he's going to evaluate it. I'm not sure if it's necessary or even desirable for him to be on a committee, and then be receiving the advice of the committee. What is important is that the committee understands clearly the criteria on which sites are selected. You referred to page 26, but those are not criteria selections. Those have to do with the specifications of the building, not the site. We're obviously concerned about the site, proximity to a hamlet. For example, whether it's in a subdivision, or just a house along a road, the number of acres surrounding it, distance from the next house. These are issues that I would have thought a site selection committee will have to take very seriously, but we don't find any guidance in this, or from what I've observed from you. So, rather than sitting on a committee, perhaps a more helpful role would be to provide the committee with all of the needed criteria of your organization, that we can intergrate, and deal with as we try to find this out. FRANCIS BURKE: I would be happy to assume that positions as an advisors with regard to the extended concerns. It is addressed, not specifically but basically what we want to do is create a normal situation as possible, so is site is legally situated within the town. We'd like to have acreage, but if you don't have acreage, it would preclude from choosing that site. I think what we need to do, is to sit down and talk this out. ~$UPERVISOR HARRIS: Thank you. Yes, sir? LARRY DOODSON: My name is Larry Doodson. I'm on Highland Road. When the committee submits a proposal for a site, does it require a majority on the committee, or a percent, or what? SUPERVISOR HARRIS: I would assume that when this committee makes a determination, it will be an unanimous determination of that site selection, and then it will, again, go out to the public, as was done before~ and hopefully, the criteria.., that has ~J been established by the Way Back, Inc. along with the Site Selection Committee will all be in accordance, and that we can all work together towards that resolve. LARRY DOODSON: Will Mr. Burke be on the committee? SUPERVISOR HARRIS: Apparently, there are some member of the Board, that would 'like tO see Mr. Burke's role be strictly advisor, so certainly there's no problem with him being advisor, and the Board being the committee, as is in the resolution that we passed. We haven't made any further appointments to the committee. TOWN ATTORNEY ARNOFF.' I think Tom's point is well taken. I think that Mr. Burke's contribution on this would be invaluable to the Board, and invaluable, or it's not the Board now, it's the Committee. It's a situation where the Board is wearing two hats. But still, 14think without it we would not be able to really dovetail his application with what we find, and I think that's important that we note that. COUNCILWOMAN LATSON.' I feel that whether member of the committeet it's six of one, half a expertise is definite, ely needed, Mr. Burke, and an alternative site. he's in advisory capacity, or a dozen of the other, and your I think it's important that we find SUPERVISOR HARRIS: And It also hope, Mrs. Segovia is not here, but that we can also tap into her resources, also, for guidance in this. Please come forward. Al_ DANKLEFSEN: My name is Al Danklefsen. I live on Crown Land Lane. The question ~ have is concerning the site selection location is whether the people, who are going to be in this home, are going to seek employment, and if so what type of employment would they be accepting, or would they be qualified for, and whatever their qualificationsr is there a job market out here for their qualifications? In other words, is this a suitable township for the type of work, that they're seeking, and whether they can get to and from work at all. 476 JUNE 26, 1990 SUPERVISOR HARRIS: I'm not sure whether this group home is considered to be an employment home. I'm sure Mr. Burke and other professionals can elaborate on this. It was my understanding that it is a way introducing a member back into society, a normal society, through a home, and then they actually move through this house into right back into society, after a number of months, whatever they happen to be in this facility. Mr. Burker am I correct in that? This is not an employment home, at this point. This really isn't a public hearing, but just~, FRANCIS BURKE: In answer to your question, is this really an appropriate site and I'll answer by saying, this an appropriate site, because mental illness exists in Southold. You've got people who live this area. We have three applications, four additional letters from people in the area r right in the area, there's people who need help, so the main reason we're coming in, has nothing to do with the job market. By the way, the majority of the people will be .in day program, not in employment. These are Southold people. These are Cutchogue people. COUNCILMAN WICKHAM: Several other agencies similar to the Way Back, when they try to identify a location, prefer to build a home from scratch, to buy a lot, to build house according the specifications, that they require. I can appreciate that this would take a little longer, but the advantage of it isw that you have a wider array of sites to select from, and the opportunity to build a house conforming to the specifications. As a member of the Site Selection Committee, I would interested to include that possibility among the selection criteri~,that we're considering. FRANCIS BURKE: I would need to discuss with my advisors, the ability that within the Office of Mental Health it is not, since you're talking about mental health. I'm sorry the Office of Mental Retardation, so I would not rule it out. SUPERVISOR HARRIS: Is there anybody else on this? (No response.) While we're in session, I'll make a comment. Today the Suffolk County Legislature was to act on the purchase for one part of Fort Corchaug, which the Farmland Phase Three, and unfortunately today, after reading a statement on to the record in favor of this, obviously for the Town, the Legislature has decided in it's wisdom right now, to defeat this resolution, Introductory Resolution 1751. It was a 9-9 vote. It's very disappointing to me, and I'm sure disappointing to the members of this Town ~Board, that in our 350th Anniversary, the Legislature has decided not preserve a part of our heritage. I hope that after their recess of one month in July, that we'll be able to introduce this back on to the table, again, and at that time, the number of votes needed to secure this introductory resolution will come forth. Any other discussion? COUNCILWOMAN LATSON.' Just one thing I'd like to bring up right now. I received a letter from Scott Dobriner, who is ready, willing and able to come back to the Town, and work on the Water Revitalization Program. He needs a commitment - in a short period of time. I would like to be able to call him. He has other job offers, but this is certainly his first choice, and let him know that he has a job with the Town of Southold this summer. SUPERVISOR HARRIS: We can discuss that right now, but the next meeting is Tuesday, so hopefully we'll put it on for Tuesday. At this time, I need a motion to adjourn. Moved by Councilwoman Latson, seconded by Councilwoman Olivaw it was RESOLVED that this Special Meeting be and hereby is adjourned at 5:30 Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latsonw Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Southold Town Clerk