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HomeMy WebLinkAboutTB-11/23/199314 $OUTHOLD TOWN BOARD NOVEMBER 23, 1993 EXECUTIVE SESSION 9:40 A.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Clerk Terry, Town Attorney Councilwoman-Elect Oliva.---The discuss the landfill litigation. Absent: Justice Edwards. Also present: Town Arnoff, Assistant Town Attorney Kiernan, Board met with Special Counsel Frank lsler to 10:50 A.M. - The Board met with Insurance Consultant William F. Mullen, Jr. to discuss the Town's insurance coverage. There was considerable discussion with regard to the deductible for the medical insurance policy which is currently $75,000 for any one individual per calendar year. Mr. Mullen recommended increasing the deductible to $150,000. The Town Board, with the exception of Councilman Penny, agreed and resolution no. 20 was placed on the agenda authorizing the increase. Mr. Mullen informed the Board that the town has saved $609,000 since going to self insurance in May of 1989. 11:15 A.M. - For Discussion Items: (1) The proposal of Councilman Wickham (Supervisor-Elect) to l advertise for a Town Attorney met with considerable opposition from Supervisor Harris, Councilman Penny, and Councilman Lizewski. Councilman Penny said he would support it if it did not mean eliminating the full-time Assistant Town Attorney position. Councilman':Wi¢kham. said:he was not prepared to promise that there would be both aTown Attorney and Assistant Town Attorney next year. Supervisor Harris said this matter should be dealt with by the new administration. He. is perfectly happy with the current Town Attorney and Assistar~t Town Attorney. Councilman Li~'ewski ~Vanted to see a specific salary in the ad, and whether or not the new Town Attorney could maintain an outside practice. Although Councilman Wickham asked that the proposed resolution be placed on the regular meeting agenda, Supervisor Harris said he would not permit it; furthermore, there were not enough votes to pass such a resolution. (2) Appointment of a Building Inspector - discussed at 12:30 P;.M. in Executive Session. (3) Set ~25.00 for issuance of a Certificate of Determination and Certificate of Compliance (see resolution no. 21). (4) Letter from James Dolce, Legal Coordinator for the NYS Office of Parks, Recreation and Historic Preservation, objecting to the fees charged to non-residents at the Norman Kiipp Ma~ine Park. After considerable discussion, it was the consensus of the Board that the fees are reasonable. (5) Memorandum from Building Inspector Thomas Fisher asking that the Board consider increasing the fee for CertifiCates of Occupancy that are over and under five years old. Assistant Town Attorney Kiernan will prepare a Local Law for the regular meeting (no. 22) increasing the fees ;to $20.00. (6) Memorandum from Planning Board Chairman Richard Ward requesting an amendment to the Zoning Code exempting two-family dwellings from site plan review (see resolution no. 23). (7) Appointment of a Clerk in the Tax Receiver's office was discussed during Executive Session at 12:30 P.M. (8) Councilwoman Hussie and Councilman Wickham reported on a recent meeting with a representative of the NYS-DEC concerniJ~g the Fishers Island Metal Dump. Since the mon_ey to clean-up and restore the site is not in the budget, nor is a bond in place, the Board will hold this for further discussion with Justice Edwards at the December 7th meeting. 12:25 P.M. - The Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting, EXECUTIVE SESSION 12:30 P.M. On motion of Councilwoman Hussie, seconded by Councilman Lizewski, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Absent: Justice Edwards. Also present: Tdwn Clerk Terry, Town Attorney Arnoff, Assistant Town Attorney Kiernan, Councilwoman-Elect Olive, Councilman-Elect Townsend.---The Board discussed litigation, appointment of ~a Building Inspector - John M. Boufis (see resolution no. 24)~ a pendift:cj"'grievance; impending lawsuit, appointmei-,t of a Clerk in the Tax Receiver's Offi~- PatriCia W~ WOod (~ee resolution no. 25). 12:50 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on November 23, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris- Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie · ':'~ Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Absent: Justice Raymond W. Edwards SUPERVISOR HARRIS: 1 ne'ed a motion to approve the audit of the bills from November 23, 1993. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $160,939.42; General Fund Part Town bills in the amount of $49,146.82; Adult Day Care bills in the amount of $884.76; SNAP Program bills in the amount 'of $433.13; Highway Fund Whole Town bills in the amount of $47,936.42; Highway Fund Part Town bills in the amount of $19,165.18; Yard Waste Compost Capital bills in the amount of $33,226.32; Employee Health Benefit Plan bills in the amount of $123,042.33; Fishers Island Ferry District bills in the amount of $35,660.12; Southold Wastewater District .bills in the amount of $4,926.23; Fishers Island Sewer District bills in the amount of $109.57; Southold Agency & Trust bills in the amount of $2,848.94; Fishers Island Ferry District Agency & Trust bills in the amount of ~601.50. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We need a motion to approve the minutes from November 9th Town Board meeting. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the November 9, 1993, Town Board meetin~ be and hereby approved. ' Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. NOVEMBER 23, 1993 SUPERVISOR HARRIS: We need a motion to approve the minutes of the Special Town Board meeting of November 19th. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the November 19, 1993, Special Town Board meetin~l be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We need a motion to set the next Town Board meeting at' December 7, 1993¥ at 4:00 o'clock P.M. Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the next re~lular meetin9 of the Southold Town Board will be at 4:00 P.M., Tuesday, December 7, 1993, at the Southold Town Hall, Southoid, New Yor---~-. Vote of the' Town BOard: Ayes: ~ouncilwoman Hussie, Councilman Lizewski, Councilman Wickham~ Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, it gives me great pleasure to present a procla- mation to Jean Maloney from the East End Care l~anager for Long Island Care Associa- tion'for AIDS Care, ~lnc~, in reference to December 1, 1993, as World AIDS Day in the Town of Southoli:l. Is Jean here? l~d like to r~ad the proclamation in reference to World AIDS D, ay presented by the Town Board. We hope you put this in a place of distinquished merit, somewhere within the halls of your facility. Moved by Supervisor Harris, seconded by The Entire Town Board, WHEREAS, the global spread of the HIV infection and AIDS necessitates a worldwide effort to increase communication, education and preventive action to stop the trans- mission of HIV and the spread of AIDS; and WHEREAS, the World Health Organization has designated December 1 of each ~,ear as World AIDS Day, a day to expand and strengthen the worldwide effort to stop AIDS; and WHEREAS, the World Health Organization now estimates that 14 million people are currently infected with HIV and that over 2.5 million of them have gone on to develop AIDS; and WHEREAS, the American Association for World Health is encouraging a better under- standing of the chaHeng~ of HIV and AiDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS in the United States continues to increase with an estimated I to 1.5 million Americans currently HIV positive and over 315,000 AIDS cases reported (as of June 1993); and WHEREAS, World AIDS Day provides an opportunity to focus on HIV infection and AIDS, caring for people with HIV infection and AIDS and learning aboutAIDS; and WHEREAS, World AIDS Day 1993, "Time to Act;" will focus on taking action and expressing the urgent need for ali communities and individuals to realize that it is time to face the challenge of HIV and AIDS; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does~herby declare December 1, 1993 as World AIDS Day'in the Town of Southold and urge all citizens to take part in activities and', observances designed to increase awareness ancL understanding of AIDS as a global challenge, to take part in AIDS prevention activities and programs, and to join the global effort to prevent transmission of HIV and the further spread of AIDS. Dated: November 23, 1993. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: On behalf of the Town Board, and the people of Southold Town, thank you for all you've done, and please keep up the great work, and the communication and the effort to eradicate this dreaded disease. Did you want to say anything? JEAN MALONEY: Thank you very much. No, thank you very much. SUPERVISOR HARRIS: Have a nice evening. Happy Thanksgiving. I. REPORTS. 1. Audit Report on Southold Villas in accordance with guidelines prescribed by the New York State Affordable Housing Corporation. 2. Southold Town Dog Shelter Monthly Report for October, 1993. 3. Southold Town Police Department's Monthly Report for October, 1993. 4. Councilmen's Report. 5. Supervisor's Report. il. PUBLIC NOTICES. None. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 8:00 P.M. on Citizen's Views on needs to be met with Federal Community Development Block Grant. V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, ,b, efore we go to the business of the evening, which will be resolutions, are there any members of our audience, that would like to address any resolutions that we'll be acting upon in the next few minutes? Yes? State your name for the record, please. FRANK CARLIN: Frank Carlin. Laurel. Good evening, ladies and gentlemen of the Board. Number 7, Garbage, Rubbish & Refuse, what is that? SUPERVISOR HARRIS: That is going to be setting a public hearing for Tuesday, December 7th, in reference to a change in the Garbage, Rubbish and Refuse Code for our Township. FRANK CARLIN: Number 10 and 11 resignation from driver and driver from SNAP, why are they resigning? SUPERVISOR HARRIS: There's a tremendous turnover in the staff there. These ~re very iow paying.jobs, ~,~v~.e come and go out quite frequently~ when they're being paid $5.00, or $5.50 at-. ho~r, something like that. FRANK CARLIN: Number 18 accept bids for uniforn~ Southold Town Police, what is that, winter uniforms or what? SUPERVISOR HARRIS: Those are tt~eir uniforms. The standard uniforms that they wear. Every year it goes out to bid, and the bid is awarded based on the Iow bidder. FRANK CARLIN: Their regular uniforms? SUPERVISOR HARRIS: Regular uniforms, yes. FRANK CARLIN: Every year.? SUPERVISOR HARRIS: All their clothing, every year. TOWN CLERK TERRY: Everything. Sweaters, hats, ties, shoes. FRANK CARLIN: In other words, they get replaced every year. TOWN CLERK TERRY: They have an allowance. They don't get all new clothes every yea r. SUPERVISOR HARRIS: There's an allowance every year, per Police Officer. FRANK CARLIN: An allowance? How much, do you know? SUPERVISOR HARRIS: I think it's $300.00, if I recall. FRANK CARLIN: On 19, authorize purchase of items for Robert Tasker Memorial Park, what items are you talking about? NOVEMBER 23, 1993 COUNCILMAN LIZEWSKi: We're looking for bleachers. This is not money that's coming out of. ,these are grants. These are grants that are available through the State'. The entire park. is being built with grant money. FRANK CARLIN: Appointing a Building Inspector, number 24, you're going to be hiring another Building-Inspector, right? SUPERVISOR HARRIS: That's correct. FRANK CARLIN: Do you anticipate that those two were going to retire? SUPERVISOR HARRIS: They did retire. COUNCILWOMAN HUSSIE: This is one to replace the two. FRANK CARLIN: Maybe, perhaps, then you shouldn't have dismissed the other fellow then. COUNCILWOMAN HUSSIE: They wanted to retire. FRANK CARLIN: No, the other fellow. Vinnie. SUPERVISOR HARRIS: He was an Ordinance Inspector. FRANK CARLIN: Ordinance, Okay, I~m sorry. The last one appointment Clerk to T~ax Receiver's Office? SUPERVISOR HARRIS: That's seasonal help, seasonal for the tax year, duration of when they collect the taxes, when the Tax Office opens up. FRANK CARLIN: Not all year round though? SUPERVISOR HARRIS: That's correct. for the FRANK CARLIN: Thank you. SUPERVISOR HARRIS: Tom, do you want to start with the first resolution of the evening? 1.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was:' RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Chairman Scott A. Russell, Senior Assessment Assistant Claire Glew, and Data Control Supervisoi' Jeanne Ruland to attend a RPS Users Meeting to be held, at the Riverhead Town Hall on December 8, 1993, and the necessary expenses incurred, and use of a Town vehicle for travel, shall be a legal charge against the Assessor's 1993 Budget. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct a traffic survey on Sound Beach Drive in the Captain' Kidd area of Mattituck, during the month of July, 1994, for the purpose of reducing-the speed from 35 miles per hour to 15 miles per hour. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was .... RESOLVED that the ~Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the 1994 renewal to the Day Training ~ Services Contract between the New York State Office of Mental Retardation and Developmental Disabilities, acting by ,and through the Long Island Developmental Disabilities Service Office, and the Town of Southold, whereby the Southold Town Department of Human Resources will provide care, treatment, rehabilitation, education, training and support services to mentally retarded and developmentally disabled persons, for the period January 1, 1994 through December 31, 1994, for an annual budget of $9,542.00; all in accordance with the approval of the Town Attorney. 3.-Vote of the Town Board; Ayes: Councilwoman Hussie, Councilman Lizewskl, Councilman Wickham,: Councilman Penny, Supervisor Harris, This resolution was declared duly ADOPTED. 4.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts and authorizes the transfer of the followin~t insurance policies: Policy No. 524168497, The North River Insurance Company, Public Officials and Employees Liability Insurance, AND Policy No~ 531002894, The North River Insurance Company, Commercial Umbrella Insurance, TQ Mt. Airy. Insurance Company, all in accordance with the recommend- ation of Insurance Consultant William F. Mullen, Jr. q.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Councilman Lizewski, seconded by Councilman Penny, it was Town Board, of the Town of Southold hereby amends their .resolu- tion No. 9, 1993, appointing Elizabeth Jane Rousseau as C Court during a maternity leave, to show her ~r 26, 1993. 5.-Vote of the Town Board: Ayes: 'Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution .was declared duly ADOPTED. 6.-Moved b~ sie, seconded by Supervisor Harris, it was RESOLVED rd of the Town of Southold hereby grants permission to man, Account Clerk Barbara Rudder, and Data Control ! ne Ruland to attend a 1993 Year-End Seminar for Business Records Corporation Software Support Agreement clients, on Tuesday, December 7, 1993, 9:30 A.M. to 3~30 P.M., at the Village of Ryebrook, Ryebrook, New York, and the actual expenses for travel, using a Town vehicle, shall be a legal charge to the Accounting & Finance Department's 1993 Budget. 6.-Vote of 1 'es: Councilwoman Hussie, Councilman Lizewski, ilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Wickham, seconded by Councilman Lizewski,_ WHEREAS, a Refuse Pe~ Southotd hearing onl A BE IT ENACTED, I..Cha Sc I. section NO~ II. Thii the ,~sented to the '1 own Board of the Town of Southold "A Local Law in Relation to Garbacje, Rubbish & be it hereby sets 4:35 P.M., Tuesday, December 7, 1993, Southold, New York, as time and place for a public Local Law, which reads as follows: to Garbage, Rubbish & Refuse Permits Board of the Town of Southold as follows: & Refuse) of the Code of the Town of nded as follows: hereby amended to read as follows: ,~rmitted to transport refuse into any refuse ~ined by the Town of Southold unless such ~alid permit and/or license issued pursuant to chapter, except that vehicles owned and following entities shall be permitted to refuse disposal area maintained by the at least one (1) valid permit and/or the particular entity: State of New York e of Greenport, and fire districts, school located within the Town of Southold. upon its filing with the Secretary of State. litiOns. COUN( Suffolk, that an to p 7.-Vote of This res A ijust like to comment, that this resolution makes it Department of Transportation, the County of in the Town to buy just one permit for the Landfill, have access to the Landfill, so that they don't have single .one of their vehicles. Councilwoman Hussie, Councilman Lizewski, ~an Penny, Supervisor Harris. ADOPTED. 0' NOVEMBER 23, 1993 8.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the-Town 'Clerk' to advertise for bids for the construction Of a concrete block building to house storage and restroom 'facilities at the Robert W.. Tasker Memorial Park, Peconic 'Lane, Peconic, all in accordance with the bid specifications. 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Stephanie Graseck as a seasonal, part'time Clerk Typist in the Assessor's Office, effective' December'20, 1993 through January 14, 1994, 35 hours per week, at a salary of $6.00 per hour. 9.-Vote of the Town Board:.~.Ayes:. Councilwoman Hussie, Councilman Lizewski, 'Councilman Wickham,-Councilman Penny, Supervisor Harris. This resolution was declared dUly ADOPTED· 10.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts; with recjret, the resicjnat~ion of Carolyn Smith, a Sunday Driver for the ~Supplemental Nutrition Assistance! Program (SNAP), effective November 22, 1993. 10.-Vote of the Town BOard: Ayes: Councilwoman Hussie, CounCilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared, duly ADOPTED. 11.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Julie M. Shelby, a Kitchen:Aide under the Supplemental Nutrition Assistance, Program (SNAP), effe~:~iVe Novembe;r 15,, 1993. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham~ Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by Councilmar~ I~izewski, it was RESOLVED that the Town Board of the Town of: So~.thold hereby appoi~ts the followin~t individuals to the following program: Irene OliYer as ~a Sunday Driver ~or the weekend Supplemental Nutrition Assistance Pr0gi'am, 'to ~'eplace Carolyn Smith, effeC~i~e November 28, 1993, 5 hours per week, at a salary .of $5.00 per hour. Mary Baiek as a Kitchen Aide for the Nutrition Program, to replace Julie Shelby, effective November 29, 1993, 20 hours per week, at~a salary of $6.00 per hour. Michelle Simmons, ~ provisionally, as an Aide for the Expanded In-Home Services for the Elderly :Program (EISEP),effective November~;~9, 1993, 21) hours per week, at a salary of $5.50 per hour'. Patricia Meyer, provisionally, as an Aide for the iExpanded In-Home Services for the Elder~ly ;Program (EISEP), effective November 29, 1993, 20 hours per week, at a salary 'of $5.50 per hour. 12.-Vote of the T~wn Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wick~am~ Councilman Penny, Supervisor~ Har?is. This resolution was declared duly ADOPTED. 13.-Moved by Counci!lman Penny, seconded by Councilwoman~ Hussie, it was RESOLVED that the TOwn Board of the Town of Southold hereby amends their resolu- tion No. 10, ,adopted June 29, 1993, authorizing the purchase of two (2) 1993 eight (8) Passenge~ V~ns under the State Bid Award Contract, from Sayville Ford Fleet & Government Sales, to read: "authorzes: the purchase, from 'Sayville Ford Fleet & Government Sales, under the New York State Bid Award Contract No. 5551, one (1) 1993, ei~lht i8):Passen~er Van (Ford Regular Club W~gon Ell), at a price.of ~-- $11,779'.00;''~ and[ be 'it FUTHER RESOLVED that the Town Board authorizes the purchase, from Sayville Ford Fleet & Government Sales, under the New York State Bid Award Contract No. 5551, one (I) 1994, eic~ht (8) Passencjer Van (Ford Regular Club Wagon El110), at a price of $13,000.00; said cost to be paid from 1'993 Community Development Block Grant Funds for use by the Southold Town Nutrition Program. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. NOVEr~BER 23, 1993 14.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that~ the Town Ba0rd of the Town of Southold hereby rescinds their resolution No. 28, adopted on November 9, 1993, authorizing the Board of Com- missioners of the Fishers Island Ferry District to accept the bid of Connecticut Stage & Movie Company, Inc. for refurbishing approximately 600 theater seats from the Fishers Island Movie Theater, and authorizes the Board of Commissioners to reconsider the bid of J. S. McHugh, Inc., Garden City, New York. 14.-Vote of the Town Board: Ayes: Council,woman Hussie, Councilman Lizewski, Councilman Wickham, CoUncilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by ~ouncilman' Wickham, seconded by Councilwoman Hussie, it was RESOLVEDi that the Town Board of the Town of Southold hereby authorizes the Board of COmmissioners. of the Fishers Island Ferry District to accept the proposal of A. John Gada General Contracting, Inc., in the amount of $6,949.00, for painting the exterior of the Fishers Island Movie Theatre building, and ;uthorizes Reynolds duPont, Jr., Chairman of-the Board of Commissioners, to sign the proposal, on behalf of the Fishers Island Ferry District. the Town BOard: Ayes: CouncilWoman Hussie, Councilman Lizewsk~., ~cilman Penny, Supervisor Harris. ADOPTED. 16.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that; the Town Baord of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1993 Budget to cover overdrawn line items and anticipated needs for the remainder of the year, including Kenneth Reeves and Leona Urban settlements: To: --t110.4 At310~4 A6772.1 A7020.1 A7180.4 From: A1~i0.1 "A13t0.1 A67~2.4 Ag010.8 A9710.6 A9710.7 16.-Vote of the Councilman This resolution was declared duly ADOPTED. Justices, COntractual Expenses Accounting & Finance, Contractual Expenses Programs the Aging, Personal Services Recreat Jministration, Personal Services ~t ractu~J_ :~enses Justices, Personal Services AccoUnting& Finance, Personal Services Progra~[~s for the Aging, Contractual Expenses NY~ Retir~'ment, Employee Benefits Serial Bonds, Principal Serial interest Town Boa rd $ 1,500.00 300.00 46,000.00 27,000.00 3,000.00 $ 1,500.00 300.00 20,000.00 8,000.00 8,000.00 40,000.00 yes: Councilwoman Hussie, Councilman Lizewski, Penny, Supervisor Harris. 17.-Moved by Councilman. Li;zewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin~t 1993 BUd~let modification to the General Fund - Part Town to cover over- drawn a~Propria;tions and,anticipated needs for the remainder of the year: To: B3020;1 Public Sa[ety Communications, Personal Services $ 40,000.00 B3157.4 Juvenile Aide Bureau, Contractual Expenses 1,500.00 B3620.1 Safety InsPection, Personal Services 14,000.00 From: B9015.8 Fire & Police Retirement, Employee Benefits $ 55,500.00 17.-Vote of~ the. Town Board: Ayes: Councilwoman Hussie,. Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was decimated duly ADOPTED. COUNCILMAN PENNY: Resolution #18, accepting the bid for furnishing Police Department uniform clothing, will be held for two weeks. 19.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the T~own Board of the Town of Southold hereby authorizes the purchase, from E. Parker Yutzler, Inc., 37 Leeside Drive, Great River, New York, the following items for'the Robert W. Tasker Memorial Park, to be paid for be Community Development Block Grant Funds: (4) 3-row bleachers, at $515.00 each, (4) 15 ft. player bdnch, with back, at $282.00~each: total: $3,538.00. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 22 NOVEMBER 23, 1993 20.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the deductible of the Southold Town Medical Program, per individual, shall be increased to $150,000.00, effective January 1, 1994. 20.-Vote of the'Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham~ Supervisor Harris; No: Councilman Penny. This resolution was ~declared duly ADOPTED. 21.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby sets a $25.00 f&e for the issuance of a Certificate of ~ Determination by the Southold Town Building Department, and a-$25.00 fee for the issuance of a Certificate of Compliance, also by the Southold Town Building ~Department, effective immediately, 21 .-Vote of the Town Board: AYes: Councilwoman Hussie, Councilman Lizewski, CounCilman Wickham~ Councilman Penny, Supervisor Harris... This resolution was declared duly ADOPTED. 22.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local LaW entitled, "A Local~Law in Relation to Certificate of Occupancy Fees"; now, therefore, be it R-R--~'~LVED that the ,,Town Clerk be and she hereby is directed to transmit this proposed Local law to the Southold TOwn Planning Board and Suffolk County Depart- merit of Planning all,in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as folloWs: A Local Law in Relation to Certificate of Occupancy Fees BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 10~.~[~oning) of the Code of the Town of Southold is hereby amended as'"f~611bWs: Sectio~--100-28.4(H)(1)(g) is' hereby amer:ded to read as follows: (g) Copies of certificate of occupancy: $2~0.00 iss~e~l f~ 2. Section 100-284(H)(1)(h) is hereby deleted in its entirety. I1. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s} ** Overscore represents deletion[s) 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilwoman Hussie, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Site Plan Approval"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this proposed Local Law tO the Southoid Town Planning Board and Suffolk County Department of Planning all in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows: A Local Law in Relation to Site Plan Approval BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-31B (Special Exceptions) is hereby amended to read as - follows: B Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals. as hereinafter provided, and except fo two-family dwellings and the uses set forth in Subsection B(~5) hereof, are subject to site plan approval by the Planning Board. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents additions ** Overstrike represnts deletions 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was-declared duly ADOPTED. 24.-Moved by Councilma~n' Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John M. Boufis as a Buildin~l InSpector, from the Suffolk County Departmer~t of Civil Service Certification of Eligibles; Effe~:tive January 1, 1994, at a salary of $31,847.00 per annum. 24.-Vote of the TOwn Board: .Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham; Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia W. Wood as a Clerk in the Office of the Receiver of Taxes, effective December 1, '1993, at a salary of $6.35 per hour. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time we have one public hearing. That clock is a couple of minutes slow, so at this time we need a motion to recess. Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman WickhaTM. Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Maeti~g~r~convened at 8:20 P.M. SUPERVISOR HARRIS: We have finished resolutions for the evening, and before we adjourn are there any members of the audience that would like to address this Board on any matter pertaining to Town business you feel we should have interest in.~ FRANK CARLIN: Mr. Carlin. Laurel. Good evening, ladies and gentlemen of the Board. I have a quick question for Councilwoman Hussie, and then I'll get on with my main issue this evening. It was in the newspaper, that the Landfill permit fees, you know you dropped them from 925.00 to $5.00, but yet it said in the newspaper, and 1'11 read it as it said in the newspaper, a 1.2% increase in the tax next yearfor midland Southold residents. The average household increase will be $9.44 in 1994. What are you trying to do here? Give us with one hand, and take it back with the other. I can't believe this. You said to drop it down to $5.00. Then you come along,,and you say~ well, we're going to .increase your taxes $9.44, so actually you only reduced it to ~15.00. Would you correct' me on thisZ Is this wrong or what? COUNCILWOMAN HUSSIE: I'm going to defer to the Supervisor. SUPERVISOR HARRIS: What you stated in the paper was correct~ Frank. That is correctly stated in the paper they way you read it. FRANK CARLIN: That's no deal then. You're only giving us ,~15.00 instead of $5.00. You got it down to,$5.00, but then you're going to jack us out of taxes for $9.44, so what's the deal? There's no deal. Thanks a lot. Okay, I see the Stewardship Committee is invo!ved in this. I'd like to ask Attorney Harvey this question. I'm not, an attorney! but I do know something about the constitution. Being with your skill, and your knowledge, and ability, I know you'll give me a fair and honest answer. Now. Case A, and case B. Case A will be McDonald's. Case B will be Burger King. Now, let's start. We know that McDonald's wanted to have a drive-through win~dow. We all kh°w this. The Zoning Board of Appeals studied this for a year, and finally they came up and said, no. You can not have the drive-through, but you can have your restuarant. So far, right? TOWN ATTORNEY ARNOFF: That's my recollection. That's correct. FRANK CARLIN: McDonald's says, no. We don't want it. Fine, it was dropped. Now, Burger King comes along, and says, we don't want a drive-through window~ and they would confirm to more or~ less what McDonald's said. They fare about garbage, ~build a building something-like a house. If there's enough wrong, we still don't want it. Now,° to me0 it's in-black and white, that if you agree on something in certain conditions with one company, another company comes along, wanting the same setup with no drive-through, and you're going to say, well, maybe you might not be able to get itj isn't that a little bit of discrimination there, or constitution involved there? What do you think? TOWN ATTORNEY ARNO.FF: I don't think that's what happened, Mr. Carlin. FRANK CARLIN: What happened? TOWN ATTORNEY'ARNOFF: As far as the Burger King application, that's pending. That's correct. It didn't happen. FRANK C^RLIN: It didn't happen yet. TOWN ATTORENY ARNOFF: That's my point, so you're asking about a state of fact that don't exist. FRANK CARLiN: Oikay. TOWN ATTORNEY ARNOFF: Now, you're asking for my opinion on a state of facts, that don't exist, is that right? '1 just want to be sure. You treat every applicant fairly. That's your response. That's the duty of this municipality. FRANK CARLIN: That's what I want to hear. TOWN ATTORNEY ARNOFF: And with the same fairness to anyone else that comes before us, be they cooperations, individuals, or whatever. FRANK CARLIN: That's all I want to know~ Now, as of notice in the newspaper, the Planning has said, petitions such as addressed issues, s~;ch c~= trdffic, noise, lighting, and signs, and have been ~ompletely addressed..was completely addressed by this applicant, more carefully than any other applicant as per Planning Board. They studied this very carefully, and yet the Plan~ing Board. comes up and there is no Environmental Impact file. The Zoning Board of Appeals Says, being as you don't want a drive-throuo, h window, this was in the newspaper, too, awhile back, being as you don't want a drive-through window, with 93% approval of this. What's the big deal there? Why do we begrudge one fast-food restaurant in this town, when you've got about fifteen..l'm not blaming the Board on this. You've got three 7-I1's. You got deli's. You got a Subway. You've got all kinds of operations going in here, and yet you deprive one fast food restaurant, and there's the ques- tion that comes in the newspaper, that the impact will have on the community character. What community impact with be on the community character, if we have- one fast food restaurant in this town? What kind of a statement is that to tell the paper? The people will leave the restuarant with trash, and will take it home. Who cares? That's their problem. Number one is, there won't be a drive-through, so 95%, or maybe 80%, or 95%, the food will be ate in there, and it will be disposed of there. What kind of a person is that to try to use as a crutch to say we don't want a McDonald's in Southold Town? Get ready for pizza, taco, Roy Rogers, and . a Wendy's like Route 58. Southold will never look like Route 58 . We're not going to be-overdeveloped. We're never going to overdevelop here. NeVer worry about Southold being tike Route 58. There will not be more than one fast food restaurant that will want to come in, because the town can't support more than one fast food restaurant here. Let's be practical about this thing. We're talking sense now. We're not talking for our own means here. In fact, the one about development, overdevelopment, the fact that in 1988 we'had 1,400 more people here, than we have right today in 1993. So, we're not overdeveloping here. We are not overdeveloping in Southold Town. What environmental impact? Well, the impact of a fast food restaurant has in this town. I don't understand these people. What environmental impact? You got restau- rants all over the place in this town. Like I said before you got deli's. You go through the properties, some of these places are filled with garbage. What environ- mental impact will one fast food restaurant? Why are we denying a fast food restau- rant in this town? I want to express one thing before I go any further. I do not hold stock in the company. We worry about things what we shouldn't worry about, and the things we 'should we don't. Now, Mr. Wickham, you said, i have no problem v~ith a fast food outlet being built in Southold providing it comfirms with the Plannin~ Board, and Zoning requirements. Well. the Planning Board already said that it had - . ~-~,~:_~ ~,~-;~ .... NOVEMBER 23, 1993 25 no environmental ~mpact. The Zoning )eals says, no drive-through. Looks like it's airight for 'me. What are we waiting for? You got to say that l've'been in many a fast food restaurants in Riverhead. I don't live in there, but I go to them once in awhile with my wife, and I always see somebody there from the East End coming in there with their children, or their grandchildren, and you going to tell me that all the people in this town are against the fast food restaurant, that their grandchildren, or children, wouldn't want to drive into one close by? I don't believe it. I 'don't believe it. We went through this once before, this study, a year ago, over a year, that the Zoning Board studied this, So, there's no need for any more study. We know what we want here. We know what we got here. Zoned for business, and what's one fast food restaurant, that's going to have on the effect on this community. I'd like to see how many are against this, that i see driving in there, As far aS the Stewardship Committee getting involved in thing, I don't think they should be involved in it. They was involved in this, and in the newspaper as well. I don't think they .should be involved in this. I don't think they should make decisions on ~vhat we need in this town. I think the Town Board should do that, and I say to Mr. Wickham, it's going to be interesting to see how you wear your shoes. If you wear them, and walk in them, backwards, or forwards. You laid this statement here, and let's see now what you're going to do. I'm asking you I'm not trying, to pick on you. What I'm saying to you right now, it': who's going to run this T( Let's make and kee dangerous. They got too mu, wn. I never was against wineries going Up. Fine. more wneries I'm ~ave wineries go up. Go ahead. ~o~e poWe~' to them. I'm of that, But they want to put up one ral ~g that happens (tape malfun. message what I'm trying to say nds me of F! people, that always going to reti to live in. The cost ey get bored. Nothing to do. The don' A lot of politics, .you see? So, then the evel see what I'm driving at? their that. We don't want that. You c~n't have ~t. It rem ~e retire from the city, and say, well,~, wel. go out quiet town, urban, nico, quiet, 15eaceful. They come a house., young fellow comes in, builds aJpng side of him, starts a hom~ has a truck in his driveway. Oh, ' ~ ' ' you can t do that. That s making the nei )k bad. Do you know what I'm driving at? ! tell you what John Stype said one night here over a year ago at one meeting. He said, if you don',t like it move back said once by..somebody told me, I moved out here in Mattituck ~co ~ a nice, peaceful, and this is the way I want to keep it. Well, there's your answer;., l, also, have lived here for forty years, and I want to see some kind not overdevelopment, at least one fast food restaurant. Ther with it. Why is this threatening, lawsuits, and all this jazz, envil rironment? There's no such thing as an environment, tf it's ' an on one fast food restaurant, like I said one other night here, you them .all down all over the world. COUNCILWOMAN HUSSIE: Mr. Carlin, may I reply to-your question to me orignally? FRANK CARLIN: Did you think about it? COUNCiLWOMANiHUSSIE: I thought I would give Scott the opportunity to give the answer because we had a little bit of an arguement about this during the Budget proceedings. When I suggested that the sticker fee be reduced, it was based on the fact that we had a little bit of overage in the bag prices, a quarter of a cent, as I think, I mentioned to you once before; That added up to about $75,000.00. We got in from the sticker fees, roughly, a little more than $100,000.00 at $25.00 a piece. Taking the 75 from the overage on the bags, the $5.00 that the new fee would be that brought us up :to $100,000.00. As far as I'm concerned that's a wash. The rest of the Boa~rd was nervous with that math, and put some more money into the Solid Waste District budget, and that's why there is that addition. FRANK CARLiN:, Wel~, we know that the bag system is going to bring in about $2,000,000~00, or maybe a $1,500,000.00. In other words it will pay for itself of about $!00,000.00 to carry the garbage out of town at 59.48 per ton. It will cost the town to carry theiir garbage. One hundred thousand dollars to carry it out. We know We (~oltect it on the:l~ags; right? They're very expensive now to start with, and you tell ,the people, this is my arguement, I hate somebody to give me something, and take it back with another hand. You tell somebody you reduce the fees from ~25.00 to $5.00, and then all of a sudden you're behind the door, and you say, zap, we're going to charge you on your taxes $9.44, and never saying that before you come up with this idea. To me I don't think that's good business. NOVEMBER 23, 1993 COUNCILWOMAN HUSSIE: That was not my tactic in the first place. FRANK CARLIN: Then it was the Board's tactic, so we have to blame them. COUNCILWOMAN HUSSIE: As a group. FRANK CARLIN: You're taking it from one hand, giving with one hand, and taking it back with the other, so instead of..we're saying that instead of $5.00 we're paying $15.00 because weJre paying $10.00 in our taxes. It's the same thing, if .you're Pa~'ing'it when you go to the ~lump. Right? So, instead of $5.00, we're not $5.~00, we're saying it's $15.00. Well, tfenRs a lot, Board. Thanks a Int. I said to my wife, before I die, that could be any time, who knows, nobody knows when they're going tO die, I'm going to-see a fast food restaurant in Mattit~ck, but t sllpped on th~ '~/IcDonald's one, because I didn't get on the Board till the last minute, l~ut there's no reason why we can't have on, because it wilt be used by a lot of people' if they know what I'm talking about. And you know something els~? I never could under- stand why we'didn'~ want one. It took me a long time for the lights to flash in my mind, bu~l understand now why we don't want them '!n Mat~ituck. t'11 never tell you why, but i know why, Maybe you Know why, but I'll never tell you. I know why we don't want one in Mattituck. You'd be surprised if I were tell you why. And as far the trash out of the facility,, and throwing it on the road, restaurant for that. 'We must blam~ ourself for that. yo.u. can't bla ~ere the ones that do that, and I don't blame you,' Scott, for not pushing this any- more than YQu did~!be.cause you couldn't, you realize :that technically i,t was no . , use. T&chhi~:allY there's no reason why it couldn't be done. I agree with you, thai you couldn't~d° anything more abOut it. So, why don't these people on these boards just give it ap, an~[ let it happen. Let's see what happens. Give it a try. We got plenty of pizzas. We got deli's. Like I said, we got fifty pizzas in Southold Town. We got three' 7-~.i's. What"s one fast food restaurant ~-~,,,".=_..,= to do to Southold. Town's_ garbage~ .Let's be real a~d reasonable about it, an~d I'11- debate anybody who they are, any organization, whatever they want at any ti'me of hours, and that is the Stewardship Committee, and the Environmental North Fork agency, because they're the two that's always, fighting it. Anytime they want. Let's go at it at any place with no narrator, one on one, because I'm sick and th-ed of it. I've lived here long enough,, so I know '-fair and square. When you have kids, that like the McDonald's marchin~ up and down in this Town HalE, with signs saying something like down with McDonald's, or whatever it was for me, forget it. Thank you very much. SUPERV!SOR HARRIS: Frank, have a. Happy Thanksgiving. FRANK CARLIN: And all you, too. BESSIE SWANN: I just realized that Thanksgiving is approaching, and I might not have an opportunity to thank you, Scott and George, for your continued support of our programs, and efforts, during your tenure on the Board. Thank you on behalf of our agencies. SUPERVISOR HARRIS: Thank you, Bessie. It's been our pleasure. Ruth? RUTH OLIVA: Ruth Oliva. I just wanted to give you a very brief report on a very interesting workshop I went to, that was held by the New York Department of State on the division of Coastal Resources and Waterfront Revitilization. Gall Schaffer, the Secretary of State was there, and it's a most interesting workshop, because they are looking for recommendations for the Long Island Sound COastal Management, and they had concurrent workshops on the developed coast, the public coast, and the working coast, and I was interested in attending the one on the working coast, because Mattituck I,nlet is the only one in our town, that has been designated as as maritime center, because we have the only port, really, between Port Jefferson, of course, and way out to the east. They were glad to do a Harbor Management Plan for Mattituck Inlet, especially now that we have bought with the State the Carey ~ Tank Farms. There is a possibility perhaps acquiring the asphalt tanks. There's a possibility of perhaps 'receiving some money to clean up some other commercial areas, or adding incentives to people, that have commercial areas, that perhaps could be spruced up to make it a very viable inlet combining commercial, recreational, and residential areas. They are also very interested in acquiring the Brecknock Hall property, and Dam Pond property, as probably for beach access, and just sensitive environmental areas. I'm sorry that Judge Edwards isn't here, because. they're interested in Fishers Island also. We could make comments on these in the next weeks. I think it's a very valuable resource, and hopefully the State will put their money where their mouth is, because it is very important. They're really interested in preserving the coastline of Long Island Sound, and they. are working in conjunction with the EPA designation, the Waterfront Revitalization Program, the Open Space Program of New York State, and hopefully will be able to work with them, and see that Southold gets it's fair share this time from some organization, that we can improve our natural coastline, and public access, and make a good accommodation with Mattituck Inlet. Thank you. SUPERVISOR HARRIS: Thank you, Ruth. Anybody else at this time? (No response.) Seeing none, I'll entertain a motion to adjourn. Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:45 P.M. Vote of.the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resoluLion was declared duly ADOPTED. Judith T. Terry ~' Southoid Town Clerk