HomeMy WebLinkAboutTB-03/08/1994147
SOUTHOLD TOWN BOARD
MARCH 8. 1994
WORK SESSION
P~esent: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. HUs-~ie, C.ouncilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd (11:25
9:00 A...M. - Venetia McKeighan, Director of Human Services, met with the Town
Board to explain a new program she would like to institute, a hotline for abused
individuals. Through fund raising she has $2,000, which will pay for the
installation of a telephone at the Human Resource Center, and the monthly telephone
bills for a long time to come. Mrs. McKeighan explained that the program will be
coordinated with Retreat representatives, and she has already identified individuals
who will volunteer to answer the telephone, and open their homes as a secure place.
The Town Board gave their commitment to assist with the telephone bills should it
become necessary in the future.
9:30 A.M.-- Ken Komoski and Earl Fultz of LINCT (Long Island Network for
.Community Telecomputing) met with the Town Board. They explained that LINCT
is a regional coalition of nonprofit organizations committed to helping local
communities served by WLlW to provide community-wide education and information
services. These services are to be to and from homes, libraries, schools,
businesses, community service, religious, and municipal agencies. Corporation of
Public Broaddas-ting funding will be used to further the development of LINCT-East,
a five-town community telecomputing cooperative being formed to serve the education
and information needs of'104,000 Eastern Long Islanders. The L, INCT-East proposal
will serve as a testbed and model for efforts elsewhere on Long Island. Funding
in the amount of $111,900 has been requested from CPB and will cover the costs of
a LINCT~Coordinator, clerical, communication and publication support, software, and
honoraria for. learning and evaluation consultants. The Coordinator will assist with
local telecomput ng development, and regional and local fund-raising from Associated
Business communities.. 3:hey :already have $1,000 from ABCs, but need $5,000 to
start up. They are not as~cing for a contribution from the ToWn, they wOuld like
a commitment. That commitment will aid in obtaining donations from individuals in
the Southold Town .communities. Supervisor Wickham said he would like to see the
Town make the commitment, and Board agreed that the'Superviso~ 'should be the one-
to: .work with LINCT,
10:00 A.M. -Charlotte Bianchi, Regional Administration of the American Red Cross,
came before the Town Board to accept a proclamation designating March, 1994 as
"Red Cross Month. Supervisor Wickham presented the following proclamation:
WHEREAS, the AMERICAN RED CROSS has given round-the-clock service to our
military personnel wherever troops are stationed, at home or abroad, standing by
the world over to assist them and their dependents; and
W~IEREAS, the, AMERICAN RED CROSS stands ready to come immediately 1~o the aid
of people stricken,by flood, fire, or stor.m, and provides hospitals, health ~g~ncies
and phYSicians with whole blood and blood derivatives, thus greatly contributing
-~to'the health'of thelAmerican people; and
iWHEREAS,~the RED,, CROSS in Southold Town helps keep our families safe andhealthy
through training in: first aid, water safety and home nursing; now, therefore, be
it
RESOLVED, that the' month of MARCH, 1994 be known as "RED CROSS MONTH" in
the Town 'of South°id, and the Southold Town Board urges all citizens tO join in
support of, our RED CROSS with our money, blood donations and volunteer service.
1.48 MARCH 8, 1994
1.0:30 A.M. - Solid Waste Issues. In attendance: Recycling Coordinator Mary
Mulcahy Jackson, and Solid Waste Coordinator Jim Bunchuck. There was a
discussion on recycling in Town Hall. The need for containers for glass, plastic,
and cans in the public area of the bt~ilding has been identified. Councilwoman
Hussie, Ms. Jackson and Mr. Bunchuck will work together and purchase the .proper
containers. Ms. Ja~:kson reported that she spoke to all departments in Town Hall
and they are anxious to cooperate. She submitted a report of her findings.---
CouncilwOman Hussie put forth a proposal to exercise the extension of the contract
for handling and disposal of solid waste. The contract with Star provides for an
additional three months, which would take the contract to July. In the meantime
she is certain the specifications will be complete to advertise' for a longer term
contract, and awarded. It was agreed that the specifications will have options for
a two year contract - one year, plus one year extensioh, and a five year con%ract,
three extension.---Supervisor Wickham reported on Plans
for a .~ ~te to be held in' Stony Brook in April. A conference
or" " for 'the- mutual 'advantage and -mutual interaction of ·all .the
Towns~. )iscu'sslon was held with regard for stronger enforcement procedures at
the disposal area. Violators are disposing of garbage that is not in the Prescribed
Town ;.Bags. Mr. BunChuck said a video camera could be installed that would record'
the violation, as well as the license plate of the violator; COuncilwoman Hussie said
the Town Attorney has advised her that the video tape is admissible !n Court. It
was agreed that Supervisor Wickham, Councilwoman Hussie, Mary Mulcahy Jackson,~
and jini Bunchuck will work together and in two weeks bring to the Board
infor i on the cost of the video proposal, and a p~oposed broader enforcement
prog, . Transfer station: SUpervisor' Wickham rei~0rt~d~ that' Jim Bunchuck has
dra~n up an alternate Proposal tl the Dvirka & BartilUcci Pian ~ a proposal slightly
reducing'tl~e.si'zeo:f.theproposal. However, before arranging ~ visit to D&B to go ove~
both proposals, Supervisor Wickham suggested sending a copy to an engineering
firm, Fagan Engineering for instance, for an evaluation. He has spoken with Fagan,
and the cost would'be ~pproximately $1,000. Councilwoman Hussie cautioned that
if~they do end up with a change, there could be a significant cost to redraw'the
entire plan. it was agreed {see resolution no. 15) to engage the services of Fagan
Engineering for an analysis of the D&B plans.
11:15 A.M. - Youth Issues. Councilman Townsend stated that the Youth Expos~ition
has ~ ten/:~tive[Y..set, for May 21st at the Recreation Center. He would Jike the
Board forward at this time with approval for a budget for the exposition, and
: '~ committee~ (see resolution no. 16).' The Board discussed the
I in the local newspaper promoting the expositi6n;~anci
seeki lentificatio~ )f those individuals/groups that lead, sponsor, or teach"young
Southold Town.
11:55 ~A.M. - Personnel Issues. Discussed offering medical benefits to additional
Town officials Who would pay for the cost ($490.00 a month for the family plan, .and
$220 a month for an individual plan). The possibility of requiring a mediCal
exam.l ~ was considered. The question was raised abou who would be offered
the -, currently only e ected, but why not appointed; then why
not part-time? There must be additional study before this can be resolved,---The'~
Board diScussed a memorandum from Board of Appeals Chairman Goehringer advising
that one of, their part-time Clerk Typists will soon be resigning, and a replacement
will be needed. The Board put a resolution (no. 17] on the'agenda authorizing the
Town Clerk to advertise for resumes for a part-time Clerk Typist for that office~---
Authorized the provisional appointment of an EISEP Aide (resolution no.-18).£-
Supervisor Wickham ~expl~ained his proposal for the installation of a new telephone
line for ~his office, .~and !transfer of the Town Hall main number, 765-1800, to the
Town Clerk's Office, as proposed by the Town Clerk. At the present time many
of the~c~!ls to the Supervisor's office mustThe be transferred to other departmentS,
and wi~h a limited %taff this is burdensome. Town Clerk's Office is better able
to hard'lie the volumA and has volunteered to do so, explaining that under the new
configuration of hum?ers, the calls will level off (see ?esolution no. 19 authorizing
installa~i6n of ~he ~'~{ewl line).---Request 'from Assessor chairman Russell fo~''a~n
increas~ in per die~ ,pay for their Consultant Jack Sherwood. Mr. Sherwood'.has
not had an increase in four years, and the $4,800 budgeted for his 1994 services
will not increase (see resolution no. 20).
~2:20"P.M. William Araneo, Branch Manager of Suffolk County National Ba-f~k,
Mattituck, and President of the Southold Town Promotion Committee, met with-the
Town Board to introduce Gall Marriner-Smith, the new part-time Promotion Director.
Ms. Marriner-Smith made a brief statement to the Board. At the conclusion of this
meeting, Councilwoman Hussie agreed to be the Town Board's liaison to the Promotion
Committee.
12:35 P.M. - Recess for lunch.
M~iRCH 8, 1994
149
1:50 P.M. - The Work Session reconvened, and the Board commenced discussion on
Planning and Zoning Issues. Hamlet Density: Lengthy discuss with regard to
rezon.ng certain Hamlet Density (HD) parcels to Residential - 2 acre (R~80). The
parcels in question, were subject of review, discussion, and a special Town Board
Work Session on February 25th. Eight HD parcels are the subject of the study. (1)
Kace Realty, south side Route 48, 1000 ft. east of Chapel Lane, Greenport; (2)
Geier Estate, south side Route 48, 400 ft. west of Moore's Lane, Greenport; (3)
Aliano, south side 'Route 25, 577 feet east of 9th Street, Greenport; (4) Wolowitz,
north side Route 2.5, 1,139 ft. northeast of Sound Road, Greenport; (5) 'Mohring,
east side Chapel Lane, south of Route 48 and north of Route' 25, Greenport; (6)
Nocro Ltd., no~thern end of Griffing Lane, 1,076 ft. north of Route 25, Cutchogue;
(7) Siolas, South side Route 48, 805 ft. east of Chapel Lane, Greenport; (8) Jem
Realty, north, side Route 25, 564 ft. east of Sound Drive, Greenport. After lengthy
discussion Supe ' m put forth the proposal to rezone to .R-80 parcels 1,
2, 4, 5~ 7, 8 6 in Cutchogue to stay HD, and parcel 3 in Greenport could
date. Support for the proposal was. received from
Fownsend, and Justice Evans. Councilwoman Hussie
Sa she is concerned about litigation. Councilman
the proposal unless they do all of the HD .,.parcels,
litigation. A resolution (no. 23)'Was placed on
lc ces of Cramer, Voorhis & Associates, Environmental
Cc to p~ Environmental Assessment Forms for the, parcels
in .~ d be in a position to commence the environmental
their March 22nd~ meeting.---Fast Food: Councilwoman Oliva submitted
four proposals for conceptual, approval by the Town Board: (1) Create a definition
f~or
Restaurants
.ortions of "
form
Cou
3,:15 i
!;o
. ence.
nts, and rename existing definition for Fast Food
(2) Allow Formula Restaurants in specified
Jsiness zones (that fall under the Shopping Center
and in "HB" Hamlet Business zones by Special
defined Take-Out Restaurants in the HB zone by
a definition for Shopping Center. Following
Town Attorney would put ~:he proposal in Local Law
& Zoning Committee to be held on March 18th.
that he would like to have input from the business
moving to a public hearing.
man of Stewardship Task Force, met with the Board
ti Task Force on accessory uses at wineries, lobbying
funding, revisions to bed-and-breakfast ordinance,
data base on affordable housing, revisions to the
izewski asked that all of the proposals go to the Code
be public input. Councilwoman Oliva suggested that
Planning & Zoning Committee.---Mr. Samuels then
the program for the April 9th hamlet confer-
Many Places".
3:55 P;M. - introduced to the Board Pat Conklin, who he has
Selected' as a in his office, and who will be appointed
at the 7:30 P.M. Regular Meeting (resolution no. 11).
4:00 ~p.M. -
resolution no. 21
ProfessL
of. HighwaYs
Audit. ---Lau ren
Selection
This ,will' be arra
project, and pla,
submitted by Buoy
is. The Board reviewed several more policy decisions (see
Cilman Townsend submitted a proposal from Daniel Karpen,
P.C., who would apply, on behalf of the Town,
Energy Conservation Grant. It was agreed that before
Supervisor Wickham would talk to Superintendent
ice Chief Droskoski, and possibly seek a LILCO Energy
~isor Wickham's Secretary, and Chairperson of the Site
for the Aid to the Developmentally Disabled, reported
progress of the committee. The committee will be
,~commendation to the Town Board at their March 22nd
sie asked if a procedure could be established whereby
ed of work sessions and public meetings of the Board
Planning Board. The Town Clerk will coordinate.---
for some rec~ularity for standing committee meetings.
~.---The Town Board reviewed the offer of dedication of a
Road, Mattituck, in the area of a Town affordable housing
~lution no. 22 on the agenda to accept the offer of dedication
~tona Aliperti.
150
EXECUTIVE SESSION
4:35 P,M, - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva,
it was Resolved that the Town Board enter into Executive Session to discuss
litigation, Present: Supervisor Wickham, Councilman Lizewski, Councilwoman
Hussle, Councilman Townsend, Councilwoman Oliva, Justice Evans, Town Clerk
Terry, Town Attorney Dowd.
5;00 P,M, - The. Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regula~r 'Meeting.
5:~30 P.M, - 'WOrkr Session adjourned.
REGULAR MEETING
A-Regular Meetinq of the Southold Town Board was held on March 8,
1994, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR'WICKHAM: Just a reminder about the ground rules at Town
Board meetings. We normally have a period prior to adoption of the
resolutions for people who want to speak on any of the resolutions, that are
before the Board tonight. At the end of the meeting we have an
opportunity for members of the audience to comment on anything, that is of
importance to the Town Board to know about. We're asking that you keep
your comments' brief. There is a fair number of people tonight, and we
actually have a timer alarm here tonight to be sure that people do keep them
brief. Was it fi~ze minutes, ten minutes, that we asked? I believe that is
was a five minute period, that each person is entitled to use in addressing
the Board, ten minutes for a public hearing, five minutes for a regularly
scheduled meeting of this kind. Those of you want to know what the
resolutions are tonight, there is a copy of the agenda, with a summary of
those resolutions, outside the door. You should all have a copy of it. First
of ail, we'll ask for-a motion of the audil~ of the bills.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the followinc~ bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $52;306.52; General Fund Part Town
bills in the amount of $13,571.38; Nutrition Fund bills in the amount of
$3,985.64; Community Development Fund bills in the amount of $47,569.98;
Highw,ay. Fund bills in the amount of $1,621.67; Highway Fund Part Town'
bills Jr~ the amount of $3,410.18; Waterfront Revitalization bills in the
amount of $366,66; Employee Health Benefit Plan bills in the amount of
$7,976.10; Fishers Island Ferry District bills in the amount of $13,563.60;
Refuse & Garbage bills in the amount of $58,481.21; Southold Wastewater
District bills in the amount of $70.00; Southold Agency & Trust bills in the
amount of $2,200.80; Fishers island Ferry District Agency & Trust bills in
the amount of $358.99.
Vo~.e of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman 'Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MARCH 8, 1994
151
SUPERVISOR WICKHAM: We have before us minutes of the meeting of
February 2u,, 1994~ Is the Board prepared to accept them?
Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the minutes of the February 2Lt. 1994 Town Board meetincI
be and hereby approved.
Vote ~ of- the Tb~n Board: Ayes: Justice Evans. Councilwoman ' Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Su.perviSor Wickham. '
This resolUtion Was dUly ADOPTED.
SUPERVISOR WICKHAM:' We have another meeting scheduled for later this
month.
iMoved,by, COuncilwoman Oliva. seconded by Supervisor Wickham. it was
RESOLVED ,that the next regular meetin~ of the Southold Town Board will
be at 4:30 P.M.. Tuesday. March 22. 1994. at .the Southold ToWn Hall.
Southold. New York.
Vote of the Town Board: Ayes: Justice Evans. Councliwoman Oliva.
Councilman '~ ToWnsend. Councilwoman Hussie. Councilman LizewSki.
.upervisor Wickham.
his =resolution .was duly ADOPTED.
I. REPORTS.
i~ Southold Town's Program for the Disabled.
2/. Southold Town Building Department Monthly Report for February,
199~.
3. Southold Town Scavenger Waste Treatment Facility Monthly Report
5.
1994.
6.
1994.
7. SOuthold Town Police Juvenile Aid Bureau Annual
January, 1993 through December, 1993.
$. Southold Town Police Arrest Report for January, 199Lt.
9. Southold Town Justice Tedeschi's Monthly Court
February, 1994. 10.
)wn Clerk's Monthly Report for February, 199L~.
Town Recreation Department Monthly Report of February,
Southold Town Justice Price's Monthly Court Report for February,
Report for
Report for
Southold Town Dog Shelter Monthly Report for February, 1994.
II. PUBLIC NOTICES.
1. Corps of Army Engineers. New York District. application of
William T. Moiler to construct a pier. a hinged ramp. and a float to be
secured to two pilings and one 2-pile dolphin in Horseshoe Cove. Great
Peconic Bay> Cutchogue. Town of Southold. Suffolk County. New York.
Comments to be received by March 22. 1994.
2. 'Corps of Army Enqineers, New York District, application Francis
C. Murphy t~ construct a fixed timber pier, walk ramp, and a floa~
secured to dolphins at Sti'rling Basin, Shelter Island Sound, Greenport,
Towr~ of South01d, Suffolk County, New York. Comments to be received by
March 22, 1994.
Iil. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS. None.
V. 'RESOLUTIONS.
SUPERVISOR WICKHAM: That takes care of the preliminary business for
tonight. We have no public hearings, and we do have a series of
resolutions. Some of you have copies of the agenda, and summary of those
resolutions. Is there anyone in the audience, who would like to speak
towards one or more of these resolutions? Yes. sir. Frank?
FRANK CARLIN: Frank Carlin, Laurel, from the Carlin Watchdog
Group. Item 8 on the purchase of a Supercab Ford Pickup, that was
purchase in Sayviile, I understand. We can't seem to purchase anything
local at the 'Ford distributor here, or does the State law require that?
SUPERVISOR WICKHAM: Frank, we also asked that question today, as we
reviewed these resolutions. We went out to bid. and there was a bid from a
local company, and it was close, but it was not as Iow cost as this one.
that s before ustonight.
1 5,2 MARCH 8, 1994
FRANK CARLIN: Item 15. transfer station, whatever happened to the one
that we star~ed back in the fall? we started to build this transfer station
here. and whatever happened to it? It seemed to come to a halt to me. and
there's a concrete-foundation there, as far as I see. Whatever' happened to
it?
SUPERVISOR 'WICKHAM: The Town built, beginning in October. a
temporary transfer.facility, which we're usin9 right now. The DEC has
given us 'to understand that that will not suffice indefinitely. That"s. a
t~mporary station, while we put in place a permanent .station. We'have
before us plans for a permanent station. Those plans call for a fairly
substantial expendriture of money. The purpose of resolutions Number. 15 is
to.review th~se ,plans, it's like a second opinion from a doctor, review
those plans with another engineering firm to be sure that it ,s in the
Town's interest, and we're not paying for more than we need.
FRANK CARLIN: You're using it now. though?
SUPERVISOR WICKHAM: No. The new transfer station for which Resolution
1~5 is addressed has yet to'be built.
FRANK CARLIN: Do you have an idea what it's going to cost us?
SUPERVISOR WICKHAM: Resolution 15. I think, has a set price of
$1.000.00 to review the plans.
FRANK CARLIN: To review it? You should know by now how much the
thing is going to cost the taxpayers.
SUPERVISOR WICKHAM: We believe, that it will be on the order of
$200,000.00 to $400,000.00 to build the building, that has been designed,
and that's why we want to review these plans once more before we take that
plunge.
FRANK CARLIN: Okay. You know I think you're aware of, I'm not 9oing
to take much more time here, but I k'now, I believe you're aware that
they're trying to pass a federal law by September there will be, if it
passes, it could be that there will be no more out-of-state shipping of
9arba9e. You're aware of that, I hope? If that happens it's going to be
changing a lot of things around there, I presume. Don't you think so?
Well, they are according to Ray Corwin, the Regional Director of the DEC.
SUPERVISOR WICKHAM: Alice-Hussie and I attended a meeting in New
York last week on the Association of Towns at which this was discussed at
some length. We also recognize the possibility of that. and indeed, we are
looking for ways to dispose 'of solid waste here on Long Island. but we want
it to be cost competitive. We want it to be a low cost solution.
FRANK CARLIN: But, as you know, there's only five incinerators plants
on the west end, and if they come to the point some day, when they can't
accept our' garbage, we might have a problem here, so, ! think, start
looking a little bit forward here. Als0, I understand you have a cost of'
$80,000.00, according to Mrs. HUssie there, for the study, but you you
have plan. proposed to give to the DEC by April 15th, right? The garbage
disposal plan, do you have a plan in operation to be given to the DEC by
April 15th, am I correct in saying that?
COUNCILWOMAN HUSSIE: We have a Solid Waste Management Plan.
SU'PERVISOR WICKHAM: It has been sent already.
FRANK CARLIN: It has been sent. and you hope that it gets accepted.
right? It's a possibility it might not be accepted, right, and if it isn't
we 9° back tO the drawing board, right? Okay. I wish you luck.
SUPERVISOR WICKHAM: Thank you. Any other comments on resolutions
before 'the Board tonight? (No response.) If not, would someone on the
Board like to begin?
1 .-Moved by Councilman Townsend. seconded by Councilwoman Oliva. it was
:RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for a new 1994 Street
Sweeper for the Superintendent of Highways.
1.-Vote of the' Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
2.-Moved by Justice Evans. seconded by Councilman Townsend. it was
RESOLVED that the Town Board' of the Town of Southold hereby authorizes
Superintendent of Highways Raymond L. Jacobs to purchase, from New
York State 'Bid Contract No. 16612-T. one new 1994 Samsung Model SL150
3-Yard Wheel Loader. at a price of $77.211.00.
Ayes: Justice Evans. Councilwoman Oliva.
CounCilman ToWnSend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: We have before us tonight, as Resolutions ~3. a
proclamation 'being made to the American Legion. which is celebrating it's
75th anniversary today, and I would like to read that proclamation. It
will be actually handed out to the various American Legion posts in the town
at some future stage, when everyone is here. But. I would just like to read
the proclamation. I have a copy right here.
3.-Moved by' Super¥isor Wickham. seconded by Councilman Lizeski.
WHEREAS. Tl~e American Legion. the nation's largest veterans
organization, marks its 75th birthday March 15-17. 1994; and
WI~EREAS. the 3.1 million men and woman of The American Legion
continue to serve our nation as volunteers in a variety of worthy efforts;
and
WHEREAS. the citizens of the Town of Southold. in the County of Suffolk.
appreciate the many community projects undertaken by the men and women
of Criswoid-Terry-Glover Post No. 803. Burton Potter Post No. 185.
Raymond Cleaves Post No. 861. and Alfred R. Grebe Post No. 1045; and
WHEREAS. this deVoted service to our community continues to benefit a
diverse public through such programs as American Boys State. American
Scholarship Programs. and many more specialized efforts; and
WHEREAS; the volunteer spirit of the members of
Griswold-TerrT-GloverPost No.803. Burton Potter Post No. 185. Raymond
Cleaves Post No;, 861. and Alfred R. Grebe Post No. 1045 is fitting of
recognition by a[l~ citizens of the Town of Southold. 'County of Suffolk; now.
therefore, be it
RESOLVED that the Town Board of the Town of Southold do hereby call
upon all citizens to observe March 15-17. 1994 as the 75th birthday of
The American Legion. and commends the volunteerism, community spirit.
and dedication of the men and women of Griswold-Terry-Glover Post No.
803. Southold. New York. Burton Petter Post No. 185. Greenport. New
York.' Raymond.Cleaves Post No. 861. Mattituck. New York. and .Alfred R.
Grebe Post No. 10~5. Fishers Island. New York as outstanding examples
of commitment to their community.
Dated: March 8. 1994.
SUPERVISOR WICKHAM: Is there anyone here from these posts with us
tonight? [No response.) This was read out. and it will be made. and
presented to them on the appropriate day for their service to the community.
3.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WlCKHAM: This morning we had another proclamation for the
American Red, Cross where the month of March is set aside as dedicated to
the Red Cross as a special recognition to the work, and achievements of that
organization has played nationally and in this town. We had a Charlotte
Blanche. She was the Regional Administrator of the Red Cross here to
receive that this morning. She couldn't be here tonight, so we presented it
in the morning.
4.-Moved by Councilwoman Oliva. seconded by Councilwoman Hussie. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the followin.~ budget modification to the General Fund - Whole Town 199,3
Bud,qet to cover additional services provided pursuant to Town Board
resolution of December 7. 1993 for Local Waterfront ReVitalization Project
not included in capital projects fund chargeable to the General Fund.
To:
A1010.4 Town Board. Contractual Expenses $ 4.500.00
From:
'- A8540.4 Drainage, Contractual Expenses- 9 4,500.00
4,-Vote of the Town Board: .Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
'Supervisor Wickhatn.
This resolution,was duly ADOPTED.
5.R~lOved by Councilman Lizewski. seconded by Councilwoman Hussie. it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Charles Martin Krause as a part-time Gate Attendant at the Southold Town
Disposal Area. effective immediately, at salary of $6.50 per hour.
5.-v~3te of the' Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resOlution was duly ADOPTED.
6.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supevisor Thomas Wickham to execute a.~reements with the
following individuals or businesses for the Spring 199[t Recreation Programs,
all in 'aCcordance with the approval of the Town Attorney.
James Barney (drama) $20. per hour
Shirley' Darling [l~ennis) $16.00 per class[I hour class)
East End InsUrance(defensive driving) $35.00 per person enrolled
Tom Fox(cartoon drawing) $22.50 per class( 1.25 hour class)
Daniel Gladstone {music) $30.00 per class(1.25 hour class)
Hidden Lake Farms (horseback riding) $175.00 per person enrolled
Paul Hunter (gardening) $17.00 per hour
Eleanora Kopek {arts S crafts 916.00 per class(1 hour class)
Mary. Mooney-Getoff (Chinese cooking) 925.00 per hour
JenhJfer Moore :[portrait drawing) 918.00 per hour
Valentine _StyP~ (basketball) 915.00 per hour
JoAnn Terkowski[folk dancing) 916.00 per hour
Aileen Rosin {aerobics) $20.00 per class
6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
SUpervisor Wickham.
This resolution was duly ADOPTED.
7.-Moved.by Councilwoman Hus-~ie, seconded by Justice Evans, it was
RESOLVI~D that the Town 'Board of the Town of Southold hereby authorizes
and directs Supervisor Wickham to execute an agreement between the
County of Suffolk, acting through its duly constituted Office of the County
Executive/STOP-DWI program, and the Town of Southold, for the
STOP-DWI funding for enforcement activities by the Southold Town police
personnel, effective January 1, 1994 through December 31, 1994, at a total'
contract amount of $12,100.00; all in accordance with the approval of the
Town Attorney.
7.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, CouncilWoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8-.-M°Ved by Councilwoman Hussie. seconded by Councilman Lizeski. it was
RESOLVED 'that the Town Board of the Town of Southold hereby accepts
the bid ~of Sayville Ford. in the amount of $16.799.00. for supplying one
[1) new 1994~Ford F-150 Supercab Pickup for the Bay Constable. all in
accordance with the bid specifications.
8,-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
MARC, 1,,1 5 5
9.-Moved by Councilman Townsend. seconded by Justice Evans. it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Bay Constable Kent McCarthy and Andrew Epple to attend
a Marine Law Enforcement Training Seminar from May 9 through 13. 199u~.
between the hours of 8:00 A.M. and 5:00 P.M. each day. at the SUNY
Stony Brook campus, and the $20.00 registration fee per attendee, and
necessar~y expenses for 'travel and meals shall be a legal charge to the Bay
Constable's 199Jr' Budget.
· 9.-Vote~ of the TOwn Board: Ayes: Justice Evans. Councilwoman Oliva.
COuncilman . Townsend. Councilwoman Hussie. Councilman Lizewski.
SuPervisor Wickham.
This resolution Was duly ADOPTED.
moved by Councilwoman Oivia. it was
Board of the Town of Southold hereby ~
(2) PUblic Safety Dispatchers to attend a Two-Day
Seminar. sponsored by the East Hampton
Villi ~ Department. on May 5 and 6. 1994. from 8:30 A.M. to 4:30
P.M.. ar $20u..00 registration per attendee, and necessary expenses for
tPavei and meals Shall be a legal charge to the Police Department's 199L~
Budget.
10.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman OEva.
CounCilman Townsend. Councilwoman Hussie. Councilman Llzewski.
Supervisor :Wickham.
This resolution was duly ADOPTED.
11.-Moved by Supervisor Wickham. seconded by Councilwoman Oliva. it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Patricia Conklin as a part-time stenoqrapher for the Supervisor's Office
effective Thursday. March 10. 1994. 17-1/2 hours per week. at a salary of
$7.61 per hour.
11.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
12.-Moved by Councilwoman Oliva. seconded by Justice Evans. it was
R.E. SOLVED that the Town Board of the Town of Southold hereby accepts.
with re,qret. !the resiqnation of Thomas Riley. Assistant Cook for the
' Southold Town Nutrition Program. effective March 5. 1994.
12.-Vote of the,Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman TOwnsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor ,Wickham.
This resolUti0n was !,.duly ADOPTED.
13.-Moved by Councilman Townsend. seconded by Justice Evans. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the followin,q budget modification to the General Fund Whole Town 1993
Bud,cjet to cover overdrawn appropriation for a heater at the Highway
Department welding shop:
To:
A1620.4 Buildings & GrOunds. Contractual Expenses $ 1.000.00
From:
A16L~0.4 Central Garage. Contractual Expenses $ 1.000.00
13.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wicl(ham.
This resolution was duly ADOPTED.
14~-Moved by Councilman Lizewski. seconded by Councilwoman Hussie. it was
RESOLVED that~ the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for resumes for an Assistant Cook
for the Southold TOwn Nutrition Center. 35 hours per week. $8.02 per hour.
.14.-Vote of the Town Board: ,Ayes: Justice Evans. Councilwoman Oliva.
CounCilman T~)wnsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
15.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby enqa_cles
the services of Facjan Enqineers to review the plans that have been
prepared by Dvirka S Bartilucci for a Transfer Station at the Southold
Town. Disposal Area, at a cost not to exceed $1,000.00.
15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otiva.
Councilman' ~ Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resOlution was duly A, DOPTED. ,._
16.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED. :~bat the Town Board of the Town of Southold.hereby sets
Southold Town Recreation Center. Peconic Lane,
allocates a sum nbt tO"exceed $1,200-.00 for
for Publicity and arrangements for said Exposition;
FURTHER RESOLVED that the Town Board hereby creates a :Youth
EXposition plannin9 Committee, and appoints the following individuals Who
sl3~li 'serve on saic~ committee without compensation.
' Isaac Kaplan
Three .other students from local schools Ito be identified)
Mark ;Gagen
Jean Cochran
Southold Town Recreation Supervisor Kenneth Reeves
Southold Town Community Development Director James McMahon
Southold Town Councilman Jospeh L. Townsend, Jr.
Shelly Scoggln
Eilee~ Kapell
Robert Costantini
Anne McDonald
Alan Connell
Walter Krupski
Sue Kreillin9
Margaret Brown
16.-Vote of the "Town Board: Ayes: Justice Evans. CouncilWoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham,
This resolution was duly 'ADOPTED.
17.-Moved by Justice Evans. seconded by Councilwoman Oliva. it was
RESOLVED that the Town Board of theTown of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for a
part-time Clerk Typist for the Board of Appeals. 17-1/2 hours per week.
$6,82 per hour.
17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva.
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Hussie. seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Elaine Schortemeier provisionally as an EISEP (Expanded In-Home
Services for the Elderly Program) Aide, 17-1/2 hours per week, $5.50 per
hour, effective March 9, 1994.
18.- Vote of the TOwn Board: Ayes: Justice Evans, Councilwoman Oliva,
COuncilman Townsend, ~;ou ncilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED-
19.-Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of South0td hereby authorizes
the inStallation of a new telephone line to the existing system at Southold
Town Hall, at a cost not to exceed $282.05.
19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.-Moved by Councilwoman Oliva. seconded by Justice Evans. it was
RESOLVi~D ithat the Town Board of the Town of Southold hereby authorizes
an increase in the per day compensation of Assessor Consultant John
Sherwood from $100.00 to $125.00. effective January 1. 1994. provided the
total compensation for 1994 does not exceed $4.800.00.
20.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend. Councilwoman Hussie. Councilman Lizewski.
Supervisor .Wickham.
This resolution w~s dul~ ADOPTED.
21.-Moved by Councilwoman 'Hussie. seconded by Supervisor Wickham. it was
RESOLVED that the ToWn .Board of the Town of Southold hereby reaffirms
and/Or amends the followin,q Town Board Policy Decisions:
POliCY WITH RESPECT TO LATENESS
when an employee is absent without authorization for any
how de minimis and where the relevant
that there is no satisfactory excuse or
l~?i,.t|rnate explanation, the employee shall not be compensated for such
p~riod-°f lateneSs, and a corresponding deduction shall be made against the
p.y perled during which the absence occurs; said determination shall be
reduced to writin~ by ~:he department head.
POLICY WITH RESPECT TO WORK/STUDY STUDENTS
RESOLVED that the Town Board of the Town of Southold hereby establishes
the has beer in the past. that Work/Study Students
.E.A. Contract. and shall not be entitled to
for time worked for the Town of Southold.
POLICY WITH RESPECT TO EMPLOYMENT ADVANCEMENT
RES( of the Town of Southoid hereby establishes
a poi promotions for those Town employees who are
duly by virtue of Civil' Service deS!gnafion.
POLICY WITH RESPECT TO SALARY GUIDELINES
the Town of Southold tha~ year-round.
be hired at the following rates:
Clerk $6.30 per hour
Clerk-Typist $6.82 per hour ~'
C:lerk~Sl~nographer $7.61 per hour
Irt Clerk $7.61 per hour
erk $8.40 per hour
$7.87 per hour
$6.56 per hour
These ees shall be eligible for per hour percentage increases
1:oi those of the CSEA contract and at dates provided for in
that cor
21 .-V
Cou~
Su
This
Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilwoman Hussie. Councilman Lizewski.
y ADOPTED.
22. -Moved
th~
of R
of d~
Buovod~
Attorn,
Beginn
be
thence
degrees
bearing
feet;
the arc
feet;
minutes~
· Wickham. seconded by Councilwoman Oliva. it was
Town Board of the Town of Southold hereby accepts
ication submitted by Buovodantona Aliperti.of a portion
all in accordance with the terms for offer
executed by Supervisor Thomas WiCkham and
dated March 3. 1994. as approved by the Town
of the portion of Rachael's Road is as follows:
,int on ,the southerly side of Rachael's Road. said point
00 feet westerly from the end of a curve connecting the
Rachaet's Road and the westerly side of Elijah's Lane;'
~ng the southerly side of Rachael's Road South 51
10 seconds West 67.u.7 feet and along the arc of a curve
having a radius of 175.00 feet and a length of 135.64
;ly across Rachael's Road North 5 degrees 45 minutes
to the northerly side of Rachael's Road along
to the left having a radius of 150.00 feet and
North 51 degrees 21 minutes 10 seconds East 67.47
across Rachael's Road Southold 38 degrees 38
East 50.00 feet to the point or place of beginning.
SUPERVISOR WICKHAM: This resolution will. if adopted, transfer to the
Town a portion of road. which will enable the Town to maintain that-road
properly.
22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman .- Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
23';~Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of- Cramer, Voorhis ~ AsSociates, dated March 8~ 199~, at a
total' sum not to exceed $1,200.00. for the preparation of'~Long Environmental
Assessment Forms for six (6) proposed rezonings to be undertaken on the
Town Board's own motiOn.
· 23.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva,
Councilman Townsend. Councilwoman Hussie. Councilman /izewski.
Supervisor Wickham.
T~his resolution was duly ADOPTED.
24.-Moved by Councilwoman Hussie. seconded by Councilman Lizewski, it was
RESOLVED that the Town BoaFd of the Town of Southold hereby authOrizes
the purchase of one (1) new plain paper fax machine for SouthoId Town
Hall; from'Twin Forks 'Office Products. at a cost of $1.995.00.
24.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva.
Councilman Townsend, Councilwoman Hussie. Councilman Lizewski.
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WiCI4HAM: That completes our resolutions for tonight.
There's ,been~ a very patient audience out there, 'while we've gone through
these things. YoU've heard what business we transacted today. I might add
that about a=thirdl of these resolutions were prepared late this afternoon,
and our Town Clerk. i don't think you had any dinner, did you?
TOWN CLERK TERRY: No.
SUPERVISOR WICKHAM: Has gotten them all prepared for us with a real
level of efficiency. What would you like to speak about at this time? Are
there people in the audience, who would like to speak? Yes. We have a
person on the left.
ED SIEGMANN: Ed Siegmann. First before I say what I want, I want to
make sure that everyone understands, t'm in favor of doing anything you
can for the youth to, either, keep them out of trouble, or to take care of
them when they get into trouble. But, I've read some articles in the paper
lately, that I think is giving the Board a bum rap in reference to how
they're handling the situation on proposing what to be done for the youth,
and the money tO be spent, and the reason I say this, I just want to take
one school district alone, that's the Mattituck-Cutchogue School District.
They spend: $336;202.00 each year for four guidance counselorS,.. one
psychiatrist,~ and one part-time psychiatrist. They also spend $201,408.00
for extra curricular activities for the youth, which is a total of
$537,688.00. This is only one school district, that's spending that kind of
taxpayers' money. When you move to all of the other school districts, and
add what their spending, you're talking somewhere in the figure of a million
and a half dollars, that is being spent by the taxpayer for guidance
counselors, psychiatrists, and recreation, things to keep the youth busy.
and i congratulate the Board for taking the position, that they are, that
they want to lOok at all these things first before they determine, whal~
they're going to do, as far as the youth program is concerned, because i
think it would be a mistake, either to duplicate any of the programs, that
are already in effect, or not to use some of the organizations, that are
already in effect to take care of the problem for youth, and when they get
into trouble, and you know better than I what those organizations are, and
therefore if you continue along those lines, you will eventually come out
with a program for the youth that's worthwhile, and not spend the
taxpayers' money foolishly. Thank you.
SUPERVISOR WICKHAM: Thank you, Ed. I wonder if this would be an
app?priate time to ask if there's anyone on the Board, who would like to
outhne briefly the resolution, that we did adopt tonight, regarding youth.
~]ARCH 8, 199~,
159
it out ¢
COUNCILMAN TOWNSEND: I guess that's directed at me. Tom. Awhile
back the ToWn Board decided, i,t would be a good idea to. perhaps, have a -...-
survey Cion~ of-ai'l' th~ activities, that are offered 'in the-t&wn, private, "'
public; by schools, individuals, and put them in a brochure, so that people
in the town know what's available. Along with that. we thought it might be
in the spirit of, you 'know. town cooperation and communication, to have a
exposition of these activities. Consequently, I got together a small
working committee of a few people, that have started making a list. filling
survey forms of the activities that are available. The goal is to have a
'big'e~ent, where we Will have everybody in a booth, or a table, and show
the c. ommunity what is available, provide the people, that are running these
activitie~ with:both potential me~bers, and volunteers. Also, give these
people.an oPportUnity t° review what they do. and put it down in a graphic
form, so that people can see what they do. and give the town a chance to
review What kind 0f~ support is needed We thought we would have the
meeting in the morning, an exposition in the morning, and people come. and
see what is' available~ 'and then in the afternoon session we would have a
meeting of the members of the people that participated to see 'how the Town
Could .better service these activities through facilities, perhaps some help ~
With insurance, outright funding, and so shortly you'll be Seeing an
asking for people, that are either involved in
Jes, or have an idea for an activity, or want to
~, to contact us. and we've expanded the,committee
more effectively do this. Basica hoping
a spirit of cooperation.' an, ~of
town through those people, t~hat are now ~g
SUPERVISOR WICKHAM: Thank you. Joe. Are there any other: comments
from the audience 'tonight? :
FRANK CARLIN: Does that five minutes also apply to the Town Board?
SUPERVISOR WICKHAM:~ Yes. Absolutely.
FRANK CARLIN: I'll start now. Southold is ahead in recycling. I read
this in: the February issue of our local newspaper. You make it look so
rosy, that we are recyclin9 less than Riverhead Town, but we're not taking
into effect, or into account, that how much. and we think that there's not
much il!egal dumping. Well. remember back in November. when the merchants
were complaining from Greenport. and Mattituck, and Southold, that there
was ill~gal 'dumpin9 9oing on in their dumpster. It was so bad, that they
had to ~Ut a padlock on .it. It was seen in Baiting Hollow at one time right
in the ~wsPaper here, that it was a commercial truck with a Southold
n illega, ily dumping. It was also said in the newspaper here, that it was
seen iOni E~lwards Avenue illegal dumping, so let's not try to give the people
in Southold Town,- please, the impression that this recycling program is so
great~ because et's tell it the way it is. These are facts, and no one in
here,i o~-anybody :on the 'Town Board. is 9oin9 to tell me that they monitor
over ;20~0' miles (;fl highway.in this town. and there is no illecjal dumping.
Let's in(~t try to make ever:ythin9 look so rosy. Tell it the way it is.
SUPERVISOR WICKHAM: Alice, do you want to tell it like it is?
COUNCILWOMAN HUSSIE: No. Go ahead and tell it like it is.
FRANK CARLIN: For my five minutes, I'm allowed two more after you. Go
ahead, ma'am.
COUNCILWOMAN HUSSIE: Finish. Mr. Carlin.
FRANK CARLIN: No, I'm all finished. I proved my point, 1 think.
COUNCILWOMAN HUSSIE: I'm sorry, that I can not agree with you entirely
just because' it's written in the paper. I think that one of the things is
that a lot of people are much more aware of illegal dumping, and
unfortunately illegal dumping has been going on, even before we put the
bag program in effect. We are trying very hard to do as many things as we
possible can tO prevent this. One of the difficulties is the Tact that when
a citizen sees someone doing this illegal dumping, that citizen does not
want to become involved. I get calls. The Police get calls. Anybody else
gets calls, but the person who has seen it does not want to become
~i~¥olved, and yet without that actual seeing of it, it's it very hard
prosecute that sort of thing, because the third party comes along, and
says, somebody said that you dumped something here, and the person says,
wi~at do: you mean? You weren't even here. it's not something that we ar.e
entirely i~noring, but we're trying to find the best way to do it. to do ,t
~. I regret that there are people in the Town of
and I think it was. in the ~ are
referring to, who feel lot of garbage from SOuthold ils up in
In
rom
deal with it. I don't think our
solid waste going to Riverhead is a serious problem, but I do think it's
happening to some exLent, and we want to control it, so we're goi, ng to
brir~g out some proposals, that we think will help us to deal with, it more
fully.
FRANK CARLIN: Tom, I respect that, and I realize that, but you know,
also, there was found in Laurel lake area where there was illegal dumpin9.
but to make a survey in this time of year in November and December, which
is the winter months, we should make that more in the summer, and then
you can tell how much recycling you got. When there's more summer peQple
here, then you can make your comparison. I'm ~not saying, they are~ in
Riverhead or they're not. I see what I read here~ Do you understand what
I'm saying here? So, we can always make everything look so rosy. I'm the
type of guy like my friend Judge Edwards said one time. I say it the way it
is, and I don't care if anybody likes it or not. Let's say it the way it is,
and be honest with ourselves. That's all I'm asking you.
COUNCILWOMAN' HUSSIE: One interesting point, Mr. Carlin, SOuthampton
is considering, using a bag or a tag system. Doesn't need any comment, just
thought I'd let you know.
FRANK CARLIN: If I had more than five minutes. I could discuss that.
Someday'l will. but you know what bothers me. Tom. a little bit? I have to
admit this. I don't know. it's sitting right in front of it there. When we
have to go so far as put a timer on the Board meeting. I think we're think
we're getting far out of range here. You know. people from other towns
can see it on TV. Please.
SUPERVISOR WICKHAM: Thank you, Frank. Thank you for being with us.
COUNCILMAN TOWNSEND: Can respond to that last thing? Frank, the
reason we had to do that is, because our Supervisor is so softhearted he
can't bear to tell people, when they've been talking past allotted time, so
you basically forced that on us.
SUPERVISOR'WICKHAM: It was a help to me. Is there anyone else in the
audience on the left side, who would like to make a comment? Anyone in the
middle, who's here who would like to address the Board on any topic tonight?
MARCH 8, ,99~ 1 61
YVETTE MELLENDER: My name is Yvette Mellender. I live in
Mattituck. I would like to address Number 7. a discussion of fast foods. I
just wrote a few things, and I was here last night. They did open up the --..~
meeting for us to speak, and Mr. Ward. I want to thank him for being the
gentleman, that he is. We wanted a change in government. We have always
listened, and watched, and voted on the issues. In fact. if you see our car
it's sports for the first time ever. because I don't believe in bumper
stickers, a bumper sticker that says United Southold for a Change. We were
here last night. There were about 200 people here last night, and the site
plan was. up front, but almost all of those in attendance addressed the
inappi~opmateness of the Burger Kin9 in our town. rather than the site
plan. Which is what the meetin~ was all about. Those of you Who were here
yesterday, please bear with me while I read my statement, because those of
yoU who I would like to hear it again, where not here last night. I'm
sorry;' ' had the public hearing on McDonald's somebody sitting
near m, your family lived in Southold Town? Joe and I
are y out here. We left homes, and job. and children.
and :his rural area. this paradise. I travel fifty miles each
· hen I get home I feel like I am in the Garden of
the North Fork is a state of' 'mind. It is a way
fight to maintain. We love and support, our
~, our share of restaurant eating~ and' never found a
our community, and let our voices be heard
this. 'and all fast food proposals, and'let's' 9ire three
th FOrk hamburgers.'and the Elbow Room. and the 'Half
FiShermen's Rest. and Dougherty,s. That's it.
Shell ' R
SU
~HAM: Thank you. Are there other commences, that people
tonight? Yes. there's a lady in the b~ck.
CATH HARPER: My name is Catherine B. Harper. and I be9 the
Boa and understanding, and this is my security blanket, and
to read because I have good ,heart. but not Lo [tape
9races the entire North Fork. and I can't help the pride that
Ife but in a greater sense every community member brings something
special to the neighborhood, and I question the endowment, that Burger
it!s Who'~ kidding who. colonial facade. I question the endowment
c n9 to our community. I believe that Burger Kin.g Will
out. with many temptations of criminal miSChief. I
9~ve us pollution, that will assault the senses.
TI fresh smells comin9 from there, and further more a'lot
of y of the grandeur of the nightti~ ~ sky. whi¢~ I
these are almost small items in face .of the
that Burger King compromises our town's :haracter. a~d
than that. I really feel that Burger King will pave the
reSt:of the fast ,food! life. and they will compound a )n
to ~our community. Last night Mr LoCrande proposed a year long
morato.rlum on; fast food establishments, and I really think that's prudent
and wise. Mr~. Wickham. last November you counted on everybody in the
Southoid Community to vote out good old boy politics, and We. didn't let you
dOwn. and we:w~n,t let your ticket down. because we believe that you
represented the quality of life that we all value in Sou~hold. Now. we the
community are counting on you to meet the challenge of preventing the
triumph" of a onset of convenience at any cost. and if Burgher King real!y
means it's slogan of. have it your way. I'm appea lng to, you. please.
please. ~,,say no way. and hold the onions.
SUPERVISOR WiCKHAM: Well, that a hard act to follow. I do have some
comments, and ] know other members of the Board do, and we think we
understand what brings you here tonight, and I can't say, that we can
answer all those questions. I wonder, though, if before we start
responding if it wouldn't, be appropriate to hear a few more people. There
may be other comments, and we'd be able to respond a little better. Frank,
do you have just a brief comment?
FRANK CARLIN: More than anybody else I'd like to go up.
SUPERVISOR WICKHAM: You've been there, so let's come back to you after
we've had other people. Linda Levy?
1 6 2 MARCH 8, 199.
LINDA LEVY: My name-is Linda Levy. and I live in Peconic. and just to
make sure it's understood, I'm not speaking on behalf of anyone besides
myself tonight. You just said, that you thought you had a good idea of
why people are here-tonight, and I just though maybe I would let you know
what my understanding is, which is that last night the Planning Board had. a
hearing, a public hearing, on the Burger King application. Actually I was a
little bit disappointed, that no one from the Town Board went to that
hearing, because since you are, or at least you said. that you are
considering a change in the fast food law you might ,have wanted to hear
'what was ,transPiring for an application, that's happening right now. BU~,
anyWay~, as a result 6f that meeting people were quite upset. They felt that
they needed 'to see a stop to ,this Burger King. and: they were told quite
cleariy by 1 Board. and quite correctly, that ti~e Planning B~ard
)wn Board can. and that's why people are here
Board has accepted the application. Under the
ul Iai King is permitted' in ~hat -zone, The- only
~r the Town Board to d° something. Since a lot
of able to come tonight. I Was asked to bring you the
resUlted in this hearing, that Was hel.d, last ni:ght: There
names here. and I have an additional fifty,that. I can't give
,. I have tO make copies of them before I/give them but. but this
is fo In the m~nths since the announcement of the Burger
King' been many meetings, and newspaper stories.
and" an election has been Held. I ~say. most importantly.
because :c;urse of that~ election campa[9n the failings of the
Harris ac ation were symbolized for many people by the hollow
pr~mises regardin9 outlawing fast food restaurants. When McDonald's tried
tO:come to tjOwni'we were promised, this wonit happen again. we'll change the
law. The law · was never changed, and Burger Kin9 submitted it's
appI month of it's submission the North Fork Environmental
met requesting the Ion9 awaited Code change. Three
of a~d Ruth. you W~re in the audience cheering us
no Code Change was proposedi. As the campaign
Burger; Kio9 al~licat[on. ~-he issue .of fast food
ac I b~ the St~Twar~lshiP Task Force. It was addressed
in' a survey by the NFEC. and it was addressed at the
Most of the people here. tonight, have dutifully
, .the Planning Board. only to be told that the Town
can prevent the development of the Burger King
Code. It has always been known, that the need ,for
a fast food is not only for the future, but if at
ail p~ss!ble of Burger King,. I. myself, have had
dis~dssibns f you on this Board about the need for that
Ch; ~e people Of this Town have already been promised.
}lication was a very last time. ,that a fast fOOd
restau e the opportunity to apply under our Town Code.
Now, the new TOwn Board is promising us. that Burger King will be the last
one. soon we'li':h~ve a new Code. Yet. you have stalled in even presenting
the language for; this new Code for over Lwo months. Another hollow
Promise: A mOra~orium. as was suggested last night,, and as people here
have'been asking for. Could be passed much more quickly than an elaborate
Code change. Then you woUld hage a full six month, or maybe even a
y,ear, to quibble over the language, and over your fears, that maybe
~6mebody might 9et mad. Weli. your fears have bee~ realized, because we
a~e mad. ar~! even~ more to the point, we're saddened and disappointed.
because nothing has changed at Town Hall.
SUPERVISOR WICKHAM: Are there other people in the center here. who
would like to address the Board?
JIM HICKEY: Mr. Wickham. my name is Jim Hickey. I live in the
former residence of Frank and Betty Jane Murphy. which you should be
familiar with.
SUPERVISOR WICKHAM: Frank and Betty Jane? The former residents?
JIM HICKEY: Yes. they don't live there any more. I do. Are you familiar
with the p~ans, that were here last night?
SUPERVISOR WICKHAM: Roughly. Yes.
JIM HICKEY:
wide?
SUPERVISOR WICKHAM: I don't know the answer.
JIM~ HICKEY: I do. To allow two way traffic. Supposedly
be 500 cars an hour at peak time. going in each direction ol
Eiglity-eight of them are supposed to go into Burger King
were to ~o west. how would they ge~ out of there with
traffic? ~There going to come out the back, get dumped on1
travel. South to Peco~ic. That's the 'only way out of there.
going t0 be~ f~nce (~n three sides like a the others? Can
SUPERVISOR WlCKHAM: I can't answer it. because th
MARCH 8, 1)94
The alleged fire lane on to Old Main. why ~s it twenty feet
there's going to
the Main Road.
If these cars
that volume of
~ Bray. have to
Why isn't there
,ou answer that?
s Board and I
haven't been responsible for those plans, and ~ve haven't r~eviewed them in
detail~ but I would belinterested in your analysis.
~JIM HICKEY: I'm an ex Police Officer for thirty yea~s, and as you
know Old Main Road has a blind curve right where I live. IHow could a fire
truck respond to a fire. and make a right turn without tu~rning over. and
Mr, Ward,~ last night, he agreed that the fire truck would] come from the
Main Road; and make a left turn. So. all that is. is a pl(y. Apparently.
the Combe family, that was the selling point to Burger K ng, dual access
from two roads. You're not fooling anyone with that alleged fire lane, and I
also voted:for United Southold to be swept in. and the boltom line is they
can be swept out. That's all I have to say.
SUPERVISOR WICKHAM: Other comments tonight from the au
a woman from the back.
dience? There's
CYNTHIA HALSEY: ! don't think that the people who pt the chairs up
here realized 'People are sick. I'm Cynthia Halsey. I was here last night.
I was ~the One` that talked about stinking chimneys from ba~ grease drifting
down onto other people's properties, and I'm sure it all n that beautiful
tape they had. I'm object to franchises of ail kinds, that are national.
and international, because it puts you at the mercy of tl~at lovely thing
known as the corporate culture. If culture can be called. If you look at
fast food alleys anywhere, particularly in Riverhead. ~,,ou'll Find that
although those franchise appear to be different, they .act,ually all belong
to one or 'two very, large international corporations, and th.· one last night
is sald to be headc~uartered in Britain. i'm not sure about [hat. It was. or
is. part of Texaco~ which also has Taco Bell. and Kentuck Fried Chicken.
and alt those other lovely aids to indigestion. However. don't think ':we
should be welcoming that sort of thing. I think it injuries everything-in
the economy of this town. not just the aesthetics, which a~'e a part of the
economy of this town. what is politely known as the botto~n line. all your
proper~y values, how people make their livings, or how theyldon't, why you
~vant t° welcome other people to the town. or whether they v~ant to come. or
whether they don't, d~pend on the atmosphere you give the~. That's some
atmosphere; Also. I never thought of a fast food r~staurants as a
temptation to vehicular crime. People say the young peeple want these
thir~gs. Last night they said. save us from attacks by vandals in cars. and
you're thinking about what you want to do for youth. I tl~ink you should
keep Burger King. and ail of it's kind away from us. and ~ moratorium on
building V~ould be a very good way start. Thank you.
ALICE MURPHY: My name is Alice Murphy. I'm sixteen
Now. last night it was made very clear I was made very cie
that our opinion didn't seem to make too much of a differer
to say before I go home. that we are the youth, and we are
will be here in the future, and you have to live with the cl
Town makes today, and just because we're not old enough t¢
be heard.-also. .i don't see it. I don't feel that a Burger
when there is one fifteen minutes up the road in Riverhe~
seen how disgusting Riverhead looks, and the crime rate in
that it's much less here. but do we need that in Mattit~
throucjh Orient are the last places on Long Island. that
scenery, and when I grow up. and I bring my children bac~
think of coming back here. and seeing a Burger King.
Wendy's. and when people, who make these corporations se
:rom Greenpor~t.
~r by Mr. Ward.
ce, but I'd like
the people, who
mices, that this
vote we should
King is needed,
id. We have all
Riverhead. not
~ck? Mattituck
you have nice
here. t hate to
McDonald's. a
that a Burger
King can be built here. they're all going to know, and w ~h all the open
land. that they can also build here. and I'd be very ashame(I of everyone in
the town. if they let'it be built. I know I wouldn't want a Burger I~ing or
any fast food restaurant in my backyard.
163
1 6 4 M^,c, 8. ,9.,
SUPERVISOR WICKHAM: Any other comments from the audience? There's a
gentleman in the back,
FRED JENS: You remember me from last night. Fred Jens. Mattituck.
The minority in this room, we've got a lot of people fighting for the
deli, ! fault both the people in the room, the Board sitting before us,
and previous Boards, As a twenty-eight year resident in this town, it's
seems we are both politically, and as citizen incapable of deciding what we
want in this community, until someone proposes it, Many assessments have
.been made for a.Master Plan. We have to protect this group, We have.to
protect. ~that 9r0~Jp,. we have to get u-~ed tO citizen's rigl~ts', '~-i~e politic ans
i~aVe to be Worried about be!ng re-elected, I'm i n favor of Burger: King for
the pure sense, that the zoning permits, Where were your minds, a lot of
you in this room are .old enough, ten years ago to prevent the evolution of
this coming about? Where's a foresight in this community? Someone owns a
parcel, of, prope~'ty, It's zoned, change of zoning prior to the fact, We're
fire fighting in this community. Let's stop being fire fighters, Itts the
citizens and politicians jointly, that are responsible for the position we
are in,
SUPERVISOR WICKHAM: Are .there other comments? There's a lady on the
left,
CAROL BIRCH: Hi. My name is Carol Birch. I also spoke last night, and
i'd like to repeat myself, First, I'd like to say that I learned in school
l~hat history is going to be repeated unless we learn from our experiences, I
moved to Southotd to get away from the fast food life style, I like this
location, and what I see here. I lived in Deer Park, and moved there when
it was a two lane road like the Main Road here. There were big tall trees
that-shaded the road, and the Department of Transportation came in, and
they widened the road, and there are a lot of fast food restaurants in Deer
Park. When you ride down Deer Park Avenue, you don't know whether
you're in Massapequa, Deer Park, Islip, you could be anywherE'. ~ I
would really hate to see that happen here. The other town I lived in was
New Hyde Park, and similarly to this town, they had a McDonald's that
wanted 'to come in, and they had to promise, that they would build a colonial
style building on Jericho Turnpike. You're shaking your head, no.
SUPERVISOR WICKHAM: I've seen it,
CAROL-BIRCH: You've seen it, It's a shame, and it also has stopped
traffic. Jericho Turnpike is a busy street, a lot like the Main Road, lots
of cars turning left, and turning right, and it backed up traffic terribly
in that section of New Hyde Park. I also would like to ask a question. I'm
here two and a half months. I understand the bottom line is money in a lot
of cases, I'd like know if Burger King would help our economy, or hurt it?
If businesses go,.the small mom and pop dells, and that type of place go
out of business, won't that hurt our small economy more than one
cooperation, that's going to take the public out of the town? I really feel
that the bottom line in a lot of businesses, and a lot of places, The
bottom' line is money, and economy. Aren't we hurting ourselves? Thank
you.
SUPERVISOR WICKHAM: Thank you.
FREDDIE WACHSBURGER: Fredd)e Wachsburger. It seems to. me that
the first time that anything happens anywhere it's a real watershed, and I
think the first fast food place to open would be a very significant,
symbolic change, and it's .so much easier to not do that first thing, the
first time, than to try and deal with the consequences. I. can understand
that a lot of people feel it's important to have a place that's inexpensive,
where you can go with the kids. It seems to me, that there are some very
good examples of places like that already, which are local, run by local
people, which profits stay local, and who hire people at decent wages, not
just minimum wage, which most of the fast food places do. It seems to me
kind of misleadingr when people talk about all the jobs, that fast food
Citizen from Orient.
MARCH 8, 1994 i 6 $
places might provide, when one realizes, what the salary scale is. that they
offer. There is some terrific places. You always sort of say, wow. we're
passing the Modern Snack Bar. You know you get sort of a feeling of joy,
when you pass it. and I think of all the times that I've driven to towns in
New England. that are supposed to be wonderful towns, and you 9° to see
the beautiful architecture, and' as you're driving in. you see a McDonald's
or Burger King. you say. oh. too bad. It's too late. We should have 9otten
here e~'lier; -! wouldn't like-to think about people havin9 to-say that. as
they enter SouthOld Town. Thanks.
SUPERVISOR WICKHAM: Are there more comments on this side of the room?
MARK HARROUN.'. How are you doing? My name is Mark-Harroun, and
i don't know. thins is a touchy subject. You know. you kind of feel both
ways. You love Southold Town. and it's a quaint little, not built up area.
an~l.everythin9; Anyway, the last time I drove to Riverhead, it was about
a half 'hour. and the last time I ate in the Elbow Room it was pretty
expensive, and you know. I love Joanthony's burgers. They're great. I
ha~e.a ,Big Mac~ or-a Whopper every once in awhile, too. and every time
,I'm traveling, you know, those McDonald's, those Wendy's. that's where I
9o.' but ! reall~ don't 'know what to say. I don't think that a McDonald's or
a Burger King would be the end of Southold Town,. if that happened.
McDonald's. because, nothing against the local
great in my eye. but they are pricey sometimes., and
and not having a whole lot of money McDonald's is
in my budget, you.
SUPERVISOR' WICKHAM: Any other comments? There's a blue sweater in
the back~
B. RUCE ISAACS~: ', Bruce Isaacs from Cutchogue. Relative to the fast food
s~tuation. I think that one thing that the Town Board can do fairly quickly.
and without much controversy is something that was promised to us by the
Harris administration a while ago. and that is. to at least change the Code
to at least ban drive through restaurants. The last Supervisor said. that
the former Town Attorney couldn't define the difference between drive
through banks, and drive through restaurants, but I think that the new
Town Attorney could probably do that. I think this would be an easy first
step. at :least to show that the Town Board does understand what's going on
here tonight, and it would be a step in the right direction anyway. I'm
also ,in favor, of course, possibly, if you can do it. a moratorium on fast
food for a few months, so you can take your time, and discuss what you're
doing now. but, thanks a lot.
SUPERVISOR WICHAM: Are there other comments? Yes. sir?
name is Ben Courts. I'm sixteen, a junior in
I really don't feel that we have a use for a Burger
King. I like~ i personally driving around, seeing the scenery in the
wintertime; There's :snow on the trees, not covered with all cups. and
whopper ,wrappers. and bags. I like the summertime, seeing the same thing.
you to the beaches, looking at the water. My friend and I can
~zatch the sunset, you know. seeing a clean beach. I hate
come
unb
and
like Joanthony's and John's. lose business to a fast
~he traffic out here. because we have a lot of tourists
the summertime, and the traffic would be..the traffic is
canlYOU imagine all the tourists in the summertime getting
feel that Southold and Mattituck is a beautifultown.
leave,it that way.
SUPERVISOR WI~CKHAM: Thank you. Any other comments?
SHELLY ~SCOGGIN: My name is Shelly Scoggin. and I've said this to
the pr;evious Town Board. and I can't believe I have to say it again. I am a
business owner in town. and tourism is what keeps me alive, and every
tourist that comes in my store talks about how quaint and beautiful our town
is. i ithink they come here to 9et away from everything, and McDonalds. and
Wendy"s. and the way to get them to spend money locally it's to keep it
looking like a place, where you want a vacation, not like River~head.
SUPERVISOR WICKHAM: Thank you.
1 6 6 M^,c, 8.
HAZEL FUNKE: Good evening everybody. My name is Hazel Funke.
I'm property owner here in Southold three years, and I do come from the
south., and yes one of your main attractions is that you are a beautiful
little town. ItLs really hard to find that kind of life style anymore.
want to say that I agree with Mrs. Oliva research, and do hope you
postpone Burger King. or any fast food place getting in. I~m not interested
in hurting the restaurants that we have. that are catering to a small town
like Southold. but if anyone does any research on McDonald's. or those, kind
of place, youql see that their service people are machines, and the~!l~e
future technology are machin,es, that give you change and say. goodbye.
,a.nd,me_dically',speaking the kind of indUstrial food', t~at's serve~l I~,.
Klna ot establishments, have been ~roven to ca"-- L ...... --/
r- u=~ ~luar~ stress: on our
youth, that at the age of twenty their hearts look like .forty-five year old
men that have worked hard. and I hope for interest, of our youth, that we
adults look to their future, besides the fact the` mark you' might make for .
these people like Burger King. Thank you.
SUPERVISOR WlCKHAM: Thank you. Anymore7 The lady in the middle.
K, ELLY CAPPA: Hello. I~m Kelly Cappa from Southold. and I~m
thingSeventeen'to b 'l Could repeat everything that's been said. I just have one
· r~ng up. The fast food restaurants thrive on volume, and the only
time we really have the volume to hold them is during~ the summer. Are
the~ going to be "a seasonal restaurant? We're just ,going to have an empty
building there in the winter..so. I don't see how it's conceivable to you to
have them there.
SUPERVISOR WICKHAM: Thank you. I think we're back to you. Frank.
FRANK CARLIN: Can I make a quick statement here before I go on the
time limit?
SUPERVISOR WICKHAM: Sure.
FRANK CARLIN: Maybe you have a little sense of humor here. You know
the last 'time about McDonald's. I come up here. and said. I feel like a
Rambo up against an army division. Well, in this Burger King case. I feel
like a Hoag' Coggins trying to take on a Lag team match here. but
anyway I'll see what I can do. I think the mistake we got here is when the
Town Board got vacuumed into this issue, because once you got vacuumed
into this issue it becomes a political issue, and you know yourself, as well
as I do. what a political issue can do. Now. is a fair for a man. who owns
that property , that's zoned business, and you come along after you ~do
this. and say you've changed the Zoning Code to prevent him from selling
that property, or renting it ou~. because we don't want a fast food
restaurant in the area, Is that fair to that man. who owns that property?
In my opinion it isn't. If we're going to go along, every time we have a
problem in the this town. and fall back on changing the Zoning Code for a
crutch, then we might as well throw the Master Plan out the door. and live
got one thin9 to say to Michael LoGrande. Where was you when they were
puttin9 up all the fast food restaurants on Route 58 ohm Riverhead? Now.
back to this. I know he was. the famous foundin9 father. I remember that
one. back in '86, I won't discuss that tonight. I want to say one more
thing. We should use the system. Zoning Board of Appeals rules on a fast
food restaurant by no window. The Plannin9 Board has it. and they're
planning on it. We use the system. If we were to build the McDonald's six
months after that. it would have be forgotten about. People would have gone
on their way, because time heals, and 1'11 tell you one. more thin9 I've been
wanting to say this. that-if people in this town would have seen that we
have better water, less nitrates, iron. better garbage system, let's face
it. it needs improvement, reduce our school taxes, we'd be a lot better off.
I hope when this is' finished, it's finished, but letls do it in a fair way.
but-! got an idea how this is going to come out. When I mentioned
political, and i know enough about politics how it's going to work. but we
should have used the system we have in our Town Hall here. the Board of
Appeals down to the Planning Board. Thank you very much.
MARCH 8, 1994
167
SUPERVISOR-WICKHAM:-We've heard a lot of comments tonight. It's going-to
be very difficult for me. and I'm going to set the clock myself now. It's
going to 'be very difficult for me to kind of pull this together, and so what
I Wc~uld like to do is outline some broad comments as to the procedure that
the Town Board has followed so far. a little-bit of clarification regarding
a moratorium, clarification about the role between the Town Board. and the
Planning Board. which the people have alluded to. and then I'd like to
invite other members of the Board to give their views, because on an issue
of this.kind, inevitable there's diversions of opinion, and we need to take
ali of that into account. So. I'd like to begin very briefly. First of all,
i believe. I'm going to speak for myself, and other members of the Board
can comment as they wish. or not. but I believe, and I think it's the
consensus of the Board. that it probably would be illegal to outright ban
fast food restaurants in the town. We don't think it would stand up. and
we don~t think it would be an appropriate thing to do for that reason.
Having said that. there are a number of things that the town can do. and
what we Can do. and what zoning specifically provides for. are opportunities
:zone
the
bu'
that
the
Town
F the
the.agenda was to review the of that
~st: food! restaurant. We've
on our ag ]ularly
s. It has the explicit subjeCt one
g Committee. but: I'll let the people on
ak to that in a little while. The Boated has taken very
, the way. a number of other diStraCtions, and
weIve, also had to deal with these ~firs~t
restaurant is something that ~he Bt Been
the beginnin9. Before I ( he . that
have not yet made a c r it.
we're taking, and .
the distinction between' qanning Board
a Town Board's jurisdiction: tt ~ was said ,earlier
ght's meeting, some comment was made'to the: effect
Board really has:no jurisdiction of these things. It'S in
Town Board. The way I understand these t~in(.Is.
Zoning Ordinances, and the Z0n
~ns as to those places: in
under which a fast food
of the town. it's the
in accordance with, the
Planning Board it is obliged
to vote according to the
iwn Code as it currently exi.~
a. I should say a straight
as it's come forth, and~ j suppose ii e
it will render a decisi~on.
entertain discussion, frOm an
9 Board. or before
~kept hands Off. which we-
t(~' be a bona fide app
'id that let ,me now ouUine what
but I don.'t want to give you the
sod to it. In fact. there is
of the reasons it taken ~this 10n
views, and tried to come to a
er~ position with the fast food business, and
have redefined fast'=, food in
fast food restaurants from your mom
to be able to defihe, and ,we now
would probably apply
areas. Secondly. we have
it's the Planning and
the Town Board at
ago. almost two weeks ago. wh
restrict the formuila food; o~ fast
zones in this town. One' of them would ,be in the
we currently have two shopping centers, and
downtown parts of our Mattituck. Cutchogue.
arid the hamlet centers, the downtown centers, and
168
MARCH 8, 1994
at
of our.
all I'!1 s
i'd be
incident, ally, the area currently applied for by Burger King. is not one of
those downtown, so called hamlet business locations, So. if the proposal.
that is currently under consideration by this Board. were adopted~if that
proposal were a~lopted by this Board. it would not be possible for Burger
Kin~ to establish it's operations at the site. where they now propose. I'd
jUs~ like to Close very briefly. There's some questions. A couple of
people have raised the question as to whether those of us. who were elected
in November. have a commitment to these issues, and to try to manage, and
to control an innovation. ,such as fast food restaurants in this town, Each
erie of us will have to answer- that ourselves,r and I can't speak for anybody
else on the Board. I will speak for myself. I have many reservations, and
I have promoted., frankly., a restriction of where they would placed, but.
represent not only a constituency, that I hope voted us to office, in form
or represent the whole town, and I think I have a responsibility
the views ~of everybody in the town. In January we inherited
'1 .-know that the old Board had said that they would do
it for a long time. and it really didn,t, and in January we
n. 'and we tried to integrate the views, of lots of people. We've
views tonight. Even though there are different on the
just trying to ram something through, we have
of siowly~ Looking at~ it tonight, it's been
~ of us could wish it had moved faster. Other people
move slower. It's a process we ,are reaching consensus.
reached. It may never be reached. We have scheduled
of this Town Board, and an intervening meeting of one
mg commlt[ees to deal with it before that tim~. That's about
i Can come back to it later, if there are questions; and Ed.
to entertain your question, but I wonder if I should give an
opportunity ,to other members of the Board to amplify; your comment of what
live had t(; say, Ruth?
COUNCILWOMAN OLIVA: I'd like to give a little background, too. It was
something that was handed to us by the previous B!oard. who had three
years to do something. It did nothing~ When this Board came in. we did
~eat down. and try~ to decide what were we going to do. We looked at other
Codes i~° See how ithey had restricted their areas, when they did not want
fast food restaurants, because basically, and I've spoken to Planning
au[horities on this. and legal authorities, you can not just ban them, You
can't restrict trade. So. the Key was ,to come up with a definition, that we
found aCcePtab!e~ and that we thought would stand up in court, and thanks
to some. research, and some very good people, we camp up with a definition
of a f~rmU~la restaurant, and I think that's an excellent definition. So.
then we seiki.' ol~ay...we have this defir~ition, but in our Code Book..it says.
restaurant, drive-i;n, fast food. If we leave that drive-in category, that
is going t° outlaw'our pieces, our~ Mom and Pop dells, and what have you.
So. wel are proPoSing ~o put restaurants, take out. which will include ~;all
those Other people. Then. we said. how can we not deny a fast f(Jod
restaurant, but restrict it in a place, that we tk~ink we can control, and
may or may not be atl~ractive to people, that want to put in fast food
restaurants. So. we came up with a proposal after much discussion, about
allowing them in hamlet business with a special ,exception. Again. ladies
and. gentlemen, do not think of hamlet business as it is today. We have to
think ab0at it as it might look five years from now~ We have said. that our
goal is Lo put the development in the hamlet areas. We want to encourage
our Mom and Pop businesses, that are in these areas for our tourist
economy, so we therefore thought, if we must have a fast food restaurant
why shouldn't it be in the hamlet areas? Why make it in a business area.
that's stuck out there, and draw all the ~raffic there? We want the
traffic, and/or the transportation to come to our hamlet centers. So. if we
must have one. or if there even will be one. at least when they come maybe
they'll walk around to the other shops, or the Historical Society. and so
forth. That was one plan. Second one. the idea was proposed were we
have these shopping centers. They're not really tJhe most attractive things
that we have in town. and maybe, that would be a good place, if a fast food
restaurant would'want to even put something there. But. at least it would
be in there where there is parking, where there are other shops, and
again, they could still walk around to these other shops, so we thought.
fine. we'll .do this. We had a discussion at Planning and Zoning last
Friday. We came to more or less a consensus (tape change) Committee at
5:00 o'clock on March 18th. which is a Friday afternoon . to discuss the
legislation. I welcome to see any of you there. Moratorium has been brought
up. Many years ago. I was a proponent of moratorium, We got the two acre
zoning instead. I would just like to remind everybody, with a moratorium
we have to go through the whole SEQRA process in order to enact a
moratorium. It is like. a local law. It will take a month to six weeks. We
can have this proposal, if everybody agrees on the Board. The four of us
agree in the six, week period. So. why prolong something with a moratorium
'for a year or slx months, when then the Board can say. well. we have a
morat°~iUm. We have a lot of time. and we!re going to dr~g this on. and °n.
and on. I~ would like to see it come to a r;sol~tion in the next month to
six weekS, and we t~y to do the best we can to accomplish the goals, and
that is at least to restrict them where we want them. and~ that is my
position. Thank you,
SUPERVISOR' W:ICKHAM:- Alice. do you want to comment?
,COUI
the
This ,pro
food
to ~
a fast
Yes. I do. I'm sorry. Ruth. that you mentioned
because in that I have to say something about that.
st food restaurants has been with us for a number of
igh the last Board was unable to come up with any
that was agreeable, or acceptable. I have not been sitting
have looked, searched far and wide. up and
North to South to find some definition of a fast
be something..not even a definition, to find a
at all. However. in the United States we
iW{ also. have free enterprise, and it is against the law
per sec. I have to disagree to a certain
fast food restaurant, a f6rmula food restaurant, is
.~. It's not going to change anything. I.also. object
putting it in to the hamlet centers. We have
We are going to put all sort of things in the
i't think a fast food restaurant belongs anyplace, and
in a hamlet center, and as for putting it in a
~n't agree with that. Two of the things that were
and proposed as reasons, that we should not
was garbage. The other was traffiC. Certainly
or, a formula food restaurant is not going
e problems, A moratorium. I'm just going to say
you can't have a moratorium on one piece of
qy. or something like that. It has robe a class, or
like all business. So. if we did a moratorium, it
~Usinesses. all business stop building; That's all.
SU
~ WICKHAM: Thank you. Alice. Anyone else on the Board?
JUSTICE: EVANS: I'm just sorry that people feel that we haven't been doing
anything. I feel that we've been trying to act responsibly. Instead .of
jumping in with new laws. we've been trying to find ways to at least, my
opinion of trying not to have fast food. so I do agree with Alice. that I
dOn',t think it's legal to completely ban them. but we're trying to do it in
a onsible way. so whatever kind of legislation we put in is going to
stoicmd is going to work. and not going to get the town ~n trouble, and
we end up with a 'lot of fast food restaurants. We're trying to find a
solution, that's going to be long term. and it takes time. You can't just
char overnight. A little aside on the garbage issue.- I heard someone
about, you know. we don't want to see all these fast food
wrappers here and there, well. I hate to admit that people on Fishers Island
litter. We don't have fast foods out there. We see coffee cups all the
time; in the, woods, the sides of the road. and that to me. is people
problem. I mean. it!s litter, but that's just a little side that I have.
SUPERVISOR WICKHAM: Joe. do you have comments, that you would like to
add?
· COUNCILMAN TOWNSEND: I'm the Chair of the Planning and Zoning
Committee where 'this thing has been the subject of intense discussion, and
unfortunately. I have to admit to the prejudice' a lot of' you have. that .... .
basically don't like fast food restaurants on several levels. What it does
to my body in terms of the weight, so forth. It's not that it doesn't taste
good. and the way they look sometimes. They tend to have bright.
inappropriate colors, and big huge signs with buckets on them. and stuff
like that. All those things, I think we all associate with fast food
restaurants.. Unfortunately. like most prejudices, the law forbids you from
indulging these 'prejudices. In this instance, it's zoning laws. You can
~'~uide it. You can control where they g0, You can even control ~l~e ....
appearance. Which is what we hope to do. Alice said. she didn't .think they
,belonged in the:hamlet centers, My personal opinion, and this is personal.
is that. 'if you put them ,n hamlet centers, you promote foot traffic to them.
and not car.traffic, which will enable the whole hamlet center to be more
enlivened, because there will be more people walking around the hamlet
center. It may not be as attractive to fast food owners, but it does serve a
planning purpose to scale. It would be smaller. To get on to the moratori'um
thing. I took some heat in the last campaign for proposing a commercial
~oraterium. when the Master Plan was proposed, so I'm familiar with the
process of moratorium. The problem is we're talking about something, that
has gone ithrough all' the steps necessary. I have rnot paid too. much
attention. I have not attended Planning Board meetings, as you gladly
pointed out. I think it weakens our case as a Board tr~/ing to move on a
overall change on a Zoning Code. if you attend a meeting, where~ your
Zoning Code is definitely going to affect that. I think you're going to
have to show that you're considering the entire t~)wn, not just one
application, but I do know this application is almost all the way through.
We are perhaps one curb cut away from final approval. A moratorium, in
my opinion, not only as Ruth pointed out. would not take a lot less time
than the application. I mean than our Change of Zoning would take. b t ,t
alSO will ~r;obably be unsuccessful, because th.ey've ~one tOO far in my
opinion, based or~ the way I understand moratoriums are legally applicable.
So. basically. I'll finish with saying that my goal will be to move this
thing. We may not' have a total majority in our decision, but it will be
moved, and it will happen as soon as we possibly can. ~-~t
SUPERVISOR WICKHAM: I'd like to just summarize. You've heard a littl'e' bit
of flavor tonight ;of the diversion of views within the Board. There's
nothing, surprising~ about that with six independently minded people, there
are going to .be d'ifferent views. Maybe we've taken too long to try. and
pull them together. I really can't say. What I can say is that at today's
Work 'Session the Board agreed that two weeks from today, we would take up
a resolution, I can't judge. I can't predict how it's go;~ng to be voted, as
Joe just said. but the sense of today's discussion that we would prepare a
resolution for adoption, or consideration, two weeks from tonight, dealing
With fast food. and the shape of that resolution, and the language of it
will be prepared at a meeting on Friday. ~larch 18th, at 5:00 o'clock in
this room. and you're welcome to attend. The current direction of our
thinking is to restrict fast food restaurants to two locations, one. is
shopping centers, the other is the hamlet business in the downtown hamlet
areas. Both of these are by special exception with a list of criteria, and
restrictions. Amongst those restriction is no drive through windows in both
cases, and a series of other restrictions. There has to be adequate
parking, signage, advertisements. Advertisements shall not be affixed to
the windows, and so on, and so forth, a number of these kinds of
restrictions. That is the current provisions, that we discussed-today, and
which the Planning and Zoning Committee, which Joe Townsend chairs, will
take up on Friday, the 18th. It may get revised at that meeting, but in
one fashion or another, I am quite sure we will have a resolution to take
under consideration for possible adoption on fast food restaurants two weeks
from today. I know there's a lot more that could be said. ladies and
gentlemen. This isn't the end of the saga, I'm sure. I wonder if there are
other subjects, or other topics, that people would like to raise. Ed?
ED SIEGMANN: I don't want to get away from the topic, and I want to
point out something to you. think ahead. You know. we gave last Board
1.100 signatures from Mattituck, asking for a traffic light in front of the
ASP Shopping Center. The Traffic Department turned us down. The ASP.
the fellow who owns. Cardinale. who has the A&P Shopping Center refused
to pay to have a light put in front of the shopping center, and all I can
say. to you. we only have two shopping centers, that I know of. That's the
ASP Shopping Center. and the King Kullen Shopping Center. If you put a
fast food restaurant in the A&P Shopping Center. we'll never get out of
there.
COUNCILWOMAN. OLIVA: Ed. you have one in there now. You have-the
Subway.
ED ~SIEGMANN: Yeah. you got the Subway there. We have the movie
hou~se there with six or eight movies, that you can go in. the bank. In the
summertime, you try to come ou~ of that A&P shopping lot. you can't get out
of there, so I'm saying, if there's ever a fast food restaurant put in that
shopping center, you'd better have a traffic light on one end of it. and a
~raff|c light on the other end. that works in unison, stops the traffic, and
perr~its the people to come out of the shopping center.
SUPERVISOR WICKHAM: Thank you. Ed. I think you've made a good
.point~ If the town is successful in concentrating a lot of the development
,n the hamlet centers, there will have to be real changes in traffic
patterns, and how we live in the hamlets. There's a person in the middle.
DEBBIE SILAWSKAS: Hi. I'm Debbie Silawskas from rvlattituck. I just
have one concern, when I hear that. you know. they'll be able to go in a
hamlet~ district on the strip malls.
COUNCILWOMAN OLIVA: No strip malls.
SUPERVISORWICKHAM: Shopping centers.
DEBBIE SILAWSKAS: Shopping centers. Okay. well.~ we do have some strip
things going on.
SUPERVISOR WICKHAM: Excuse me. We would not want..
DEBI~IE SILAWSKAS: I know. but is there anything to prevent anymore
of the strip kind of thing, that has gone on, on the North Road?
COUNCILMAN LIZEWSKI: I hope to be bringing up work on that. I've
looking into what the Town of Islip. and other places, have done to stop
strip malls, and I expect to have a large amount of information, but our
plates been pretty full. I don't think that this has anything to do with
putting them in strip malls. We have no intention of having Burger Kings,
or McDonald's in strip malls.
DEBBIE SILAWSKAS: I was thinking ahead.
JUSTICE EVANS: The definition of shopping center and strip mall are two
different things.
DEBBIE SILAWSKAS: Right. but I would also like to see, and you know,
maybe~ not naturally along with this resolution, but I would, also. like~ to
see a stop to that kind of development. :
SUPERVISOR WICKHAM: Right. Joe Lizewski has brought that measure
to our attention. If only we can get to it with all the other things that
are immediately in front of us. I think that will be one of the next things.
COUNCILMAN TOWNSEND: There's only a couple small things you have to
do 1~o change it. length of building, and variable setbacks could eliminate
the whole strip zone. It's as simple as that.
DEBBIE SILAWSKAS: Okay. how would we stand legally? Maybe the
Town Attorney. how do you legally deferentiate? If you say they can go in
shol~ping centers~ how do you deferentiate a shopping center from a strip
thing, that has three or four stores?
1 7 2 MARCH 8, 1994
COUNCILWOMAN OL'~A: Just quickly, using a shopping center is
designated, I'll just give it off the top, is a group of retail, and service
businesses, which have an integrated architectural, and site plan design,
and which have an anchor tenant consisting of either a supermarket wit~ a
minimum of X square feet of sales area. or a department store with a
minimum of X square feet of sales area, so that takes strip malls right out
of it.
DEBBIE SILAWSKAS: That's what I was concerned about.
SUPERVISOR WICKHAM: Thank you very much.
FREDDIE WACHSBURGER: Could I have a clarification? Talking about the
possibility of putting fast food places in hamlet business districts,
immediately .imagine McDonald's on Village Lane in Orient. rI mean, is that
possible Under this kind of consideration?
COUNCILMAN TOWNSEND:
~OUNCILWOMAN OLIVA:
five hundred feet away?
If you had adequate parkin9 and cesspools.
Do you have adequate public parking for at least
FREDDIE WACHSBURGER: Well, who knows what could happen. Suppose
you wanted to create parking at the Historical Society for business, so that
becomes parking which would enable..
COUNCILWOMAN OLIVA: Public parking, that would be private,
SUPERVISOR WICKHAM:
these technical provisions.
Friday, March 18th, we'll be discussin9 all of
Be grateful to have your input. Yes. sir?
BOB O'BRIEN: Bob O'Brien, Main Road in Laurel. How would this
effect the hamlet of Laurel business district? We have three stores there
I'IOW.
COUNCILWOMAN OLIVA: We'd have to look and see what it's zoned. I
think one of next projects, anyway, as Debbie pointed out, is strip malls.
it's the whole idea of business zones. We have things, that are really not
conforming uses. Tl~ey aren't were they're supposed to be. and things are
supposed to be where they shouldn't be, so that is our next big project,
and that's going to be a big project.
BOB O'BRIEN: Thank you.
SUPERVISOR WICKHAM: Yes. sir?
FRED JENS: I don't want to stay with Burger King, but I do have one
quick statement on a Burger King issue. Generally fast food restaurants do
not create traffic. They rely on a existing traffic. They do create parking
problems. Next time I'd like to move to number 8 discussion of the
Stewardship Task Force hamlet meetings. I read in the paper that, they
were considering having just one meeting, instead of the group meetings.
Has that been settled? Is that correct? I'm kind of objecting to the one
meeting. It kind of limits everyone's participation, especially on a weekend
with business people.
SUPERVISOR WICKHAM: The recommendation of the Task Force, that they
put to the Town Board today was that, they would like to have one meeting
called, Southold One Town Many Places, and though there would be one
place, the meeting would be actually be concurrently with separate meetings
for Orient, East Marion, Greenport, Peconic.
FRED JENS: All one day in one location.
SUPERVISOR WICKHAM: Now, the Board raised the same questions, that
you did, and' the response was that if there seems further interest after
that time, we would encourage them to hold additional meetings of some kind
in those different hamlets afterwards, but initially there's one meeting
called Southold One Town Many Places, and that's to take place on
Saturday, April 9th in the Southold High School. You'll be hearing a lot
more about it. It's a very important meeting. Yes?
MARCH 8, 1994
173
HAZEL FUNKE: Hazel Funke. again. I just wanted to raise the point. I
~.ealiZe that development is really; great for our tax roll. but I'm hopin9.
noL that i'm formal supporter, because I have a lot of reservations about
Some of the things that happened under the administration, but I do think
that if there's any possibility that you can influence homeowners in-this
town to be able 'to have their development taxes, say when you make an
improvement on your home, if you can have it 'rolled back, or follow the
tkhind of suggestion, that he did recommend in the. latter of last year, Where
e taxes and the increase aren't paid up to' for like, I think, it was like
ten. twelve years.
COUNCILWOMAN OLIVA; Eight years, I think, eight to ten.
HAZEL FUNKE: I know that as a new family here we're strongly in
support of:that, because we are good citizens. We pay our taxes, bul~e're
a young: family,, and it's very c~ifficult to meet some of the rising c°sts.
and I just came from a School Board meeting, and you know. the children do
cost. and buildings 'costs. so if you can help us out.
SUPERVISOR WICKHAM: You know, if you came from a School Board
're the right person for me to respond to. We looked into
I thought it sounded a very good issue, and one
but when we looked into the fine print, the
e reduction of-taxes, would apply only te the, town
taxes. It would not apply to our sc~ nor
: ',portion of our taxes that goes to the , [he
.taxes is only something on the.. order of .~ o~,so
tax, that we all pay, and there were ~ther
.' that made it sound much less attractive' to us we
and so I haven't pursued it. I'll be glad to t you
We all recognize that the school taxes are
':the~[ax rolls. Some on the order of 65%. 70%. ane
}or's proposal. I think we'd brihg it
y.
some of the contracts that go on. the~
as a parent, I would like the best for ut
make a few sacrifices, and live a,
and: give .my child more time on my own ~s,
that you can take into consideration. ~do
We can support in the future if needed,
untee~ more, but the same thing can effect us in
If we can. afford to have new businesses come in. and help Lhem out. a~nd
for them to bring their businesses he~e; I
that you can find ways to make
~ers to improve their property, maybe," ~ss
when I 9et my dog this summer, so
to have to build a cement
a hundred dollar minimum tax '
J :1 know from investigation, that each s
was $t00.00 minimum increase on
i '~ kind of making money off of-the
about the last Board. but I know that McD{
i support all of you. and I did vote for you, 'so
Thank you.
ma
'yoU'll c
SUPI
With that. I wonder if there are members of the
like to make any closing statements, or have we heard
~ents for toni9ht?
COUNCILMAN LIZEWSKI: I want you to realize, that a couple things
baslcall¥:~Came thr~ough":tonight at this meeting. We all do have a litfle'/sit
of difference on hOw this thing is going to operate, and what we really
want. 'One 'of the things, that was basically said was that there's a very
strong-opinion by this. Board, that Burger King can be stopped at this time.
There's'~a :~loubt that it can be stopPec~ at this place in time, where it is in
it's proc.ess and application, so, if that's a premise to'work from, the next
PremiSe~lS'if::Burg~r King was to come in. what are going to ,do to make
~u~e:t;that; more Bu~"ger King§'"don't come in? At the present time ,n Southo]'~l
ToWn;there are pr~ably three or four place, that actually meet the criteria
for~. a BUrger:,.Kir'~g., tha{'s three acres under Special Exception in this town.
th~'s:Tbusiness zoned; There are.very few parcels of land. that are really
avi~ilabi~:'fbr;'Bu~ger King, to come to this town. I think by increasing the
area~;'~bY";Putting .them into, hamlet business areas, and putting ther~ into
shisPping~ C~nte.r. by right, you may be increasing the opportunitY for these
plac~s'.an'd: '~iV,ng'them actually mor;e scope than what they presently have
~nder:?SPecl'~! Excepti,0n. because when you say Special Exception. the
B..oard t~at-~you have n power, the time it comes i~. Or the people you have
i~ that::offiC~, make that decision, so. you know. you all feel that you're
vet. and when you make a decision it's going to stay.
what the personalities ten years are going to be for.
ere. and who's going to make that 'deciSion. So. I
many do we really Want to let in?' Are we
place Where these people can-go~ Maybe."if
we~ er King definitely going to come ih. and we're-
not them. maybe the other places tha~ are available
they wouldn't come to" them. because of the
and maybe that's an-area, that we ought to
~is thlng~ by putting it;in the-h'arnlet'business
ght to Come into the shopping centers with the
they have. I don't know if we're moving. !
,but I don't' know if we're moving in the right
~--~shut off fast foods, and the' a~ount' that we want. We
hamlet areas, and the idea Of hamlet pl~Ces, where
for tourism. I don't know if .1 really want a
ue hamlet. I don't know if I want one in Southold
that may be already built; that. these places
some of these Special Exception laws. I don't
some food for thought to think about these hamlet
~creasing the amount of areas; that you can put fast
: decreasing them. So. those are the questions
~ind;: ,Thank you very much.
SI
Alice? Anyone on the Board? [ No responses)
tonight. Ruth. has'a motion to adjourn.
Oliva. s'econded .by Supervisor Wickham. it was
Board meeting be and hereby is adjourned at 9:'25
Ayes: Justice Evans,. Councilwoman Oliva.
Councilwoman Hussie. Councilman Lizewski.
was duly ADOPTED.
/' 'gudith T. Terry~'
Southold Town Clerk