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HomeMy WebLinkAboutTB-12/07/199328 SOUTHOLD TOWN BOARD DECEMBER 7. 1993 EXECUTIVE SESSION 9:10 A.M. - On motion of Supervisor Harris, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Clerk Terry, Assistant Town Attorney Kiernan, Councilwoman-Elect Oliva.---The Board met with Special Counsel Frank islet to discuss the settlement proposal in the matter of the DEC v. Southold (Administrative enforcement proceeding). WORK SESSION 10:00 A.M. Community Development Administrator and Senior Planner Valerie Scopaz (along With Stewardship Task Force Transportation Subcommittee members Neb Brasich, Robert Bayley, Victor Brown, Margaret Brown who worked on the proposal) met with the Town Board to explain, in detail, the two proposed grant applications to the New York State tSTEA Transportation Enhancement Program. Application..1. Souithold Town Recreation T-rails. Application 2. Southold Town Stormwater Runoff Mitigation Program. Councilman Penny asked that more emphasis be placed on correcting runoff into freshwater ponds. Councilman Wickham asked that clarification should be made to specify- first: design and prioritization, and second: implementation. Taking those items into consideration, authorization (resolution no. 17) was given for the Supervisor to execute the applications. 11:15 A.M. For Discussion Items: (I) Discussion relative to removing all fees in the Zoning Code so they can be set by resolution when changed. A review determined that there are 25 separate sections which specifically describe requirements and set fees', Assistant Town Attorney Kiernan advised that the deletion of the fees can be done, but someone would be required to keep an accurate, up-to-date listing of the fees at all time to be provided to the public along with the Zoning Code, or along with an application for a Building Permit.. The Board agreed to study the proposal further. (2) Reappointment of individuals to the Southold Town Youth Board (see resolution no. 18). There are two vacancies under the adult resident hamlet representative category, and the Board placed a resolution (no. 19) on the agenda to advertise to fill those vacancies. (3) Justice Edwards updated the Board on the Fishers Island Wastewater Disposal System. (4) Proposal from Cashin Associates, P.C. for additional funding to cover additional work on the Town of Southold Local Waterfront Revitalization Plan (see resolution no. 20). (5) Councilwoman Hussie advised the Board that the Town is about to receive the garbage bags with 'the Town logo, and ask that consideration be given to imposing a cut-off date for use of non-imprinted bags. It was agreed that this would be looked at after the first of the year to determine how many non-imprinted bags are in circulation. Assistant Town Attorney Kiernan said he will prepare a Local Law to update the Code to specify that the bags must have the Town logo. (61 Appointment of a part-time Clerk Typist for the Recreation Department (see resolution no. 21). (7) Set date to interview applicat:.ons for Conservation Advisory Council - December 15Lb, beginning at 4:00 P-M. (8) Appointme.t of an Aide for the After School Activity Program was discussed in Executive Session at 12:~0 P.M., and resolution no. 22 was placed on the agenda. EXECUTIVE SESSION 12:10 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Lizewski, it was Resolved that the ToWn 13oard enter into Executive Session to discuss personnel. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Cterk Terry, Assistant Town Attorney Kiernan, Councilwoman- Elect Oliva. 12:20 ~.M. - Public Safety Dj,spatcher III John Raynor met with the Town Board to discuss 'the backup em~ergency radio purchased for Police Headquarters to enable them to communicate wi~h Fishers Island. Northeast Utility contributed to the purchase of: the radio. Justice Edwards said there~i~.stil; ~400.00 left in the Civil Defense budget which can be used toward the purchase of an antenna and cable.---There was a br..'ef discussion with regard to the Fishers Island 911 system. 72:40 P.M. - Recess for lunch. EXECUTIVE SESSION 2:10 P.M. On motion of Justice Edwards, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Clerk Terry, Assistant Town Attorney Kiernan, Councilwoman-Elect Oliva.--The Board discussed litigation and personnel; As a result of the personnel discussion, the board placed resolution no. 23 on the agenda to authorize a contract with Police Chief Droskoski, and resolution no. 24 to appoint Henry P. Smith to the Planning Board. 2:45 P.M. - Work Session reconvened and the Town Board discussed the recent bid for supplying police department uniform clothing to the Town for 1994. Standard Law Enforcement Supply Co. questioned certain aspects of the 'bid, .but after reviewing the specifications with Assistant Town Attorney Kiernan, Chief of Police Droskoski reaffirmed his choice of the lowest bidder, Charles Greenblatt, Inc., notified the Town Clerk and resolution no. 13 had been placed on the agenda.--- Board discussed the change of zone petition of Reynold & Herman 131urn, Route 25, Cutchogue, and agreed to place a resolution (no. 25) on the agenda to grant the change.---Discussed the Jem Realty Co. (Jem Commons, Greenport) change of zone petition, and the Emanuel Kontokosta (Southold Commons, Southold) change of zone petition. Assistant Town Attorney Kiernan submitted the current Declaration of Covenants and Resti'ictions .for each parcel that he recently received from Mr. Kontokosta's attorney. On each petition Supervisor Harris determined-he had four (4) affirmative votes -Justice Edwards, Councilman Penny, Councilman Lizewski, . and himself, therefore, directed' that resolutions no. 26 and 27 be placed on the agenda to grant :the changes. Councilman Lizewski said he was still uncertain about the Southold Commons petition, but would make a decision before the state of the 4:00 P.M. meeting.-T-Supervisor Harris wished to hold a discussion with regard to the Landfill: 'i:ransfer station, Solid Waste Management Update; Yard Waste Composting; Bid Specifications for long-term hauling of garbage. . DUe to the lateness of the hour, it was agreed to hold a separate work session to discuss these items on December 14, 1993. 3:35 P.M. - Town BOard reviewed the resolutions to be voted on at the 4:00 P.M. Regular Meeting. 3:45 P.M. - Work Session adjourned. 30 - REGULAR MEETING A Regular Meeting of the Southoid Town Board was held on December 7, 1993, at the'Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting lat 4:00 P.M., .with the Ple~lge of Allegiance to the Flag. Present: Supervisor Scott Lo Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wicl~ham -Councilman Joseph J- Lizewski 'C'i:~uncilwoman Alice J. Hussie Town Clerk Judith T. Terry Assistant Town Attorney Matthew G. Kiernan ..SUPERV!SOR HARRIS: need a motion to approve the bills of December 7, 1993. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $118,704.86; General Fund Part Town bills in the amount of $290,690.18; SNAP Program bills in the amount of $91~82; Community Development Fund bills in the a~ount of $32,678.74; Highway Fund Whole Town bills in the amount' of $7,892.46; Highway Fund Part Town bills in the amount of $8,271.14; CHIPS (Highway Part Town) bills in the amount of $47,010.50; Yard Waste Compost Capital bills in the amount of $3,545.54; Employee Health Benefit Plan bills in the amount of $5,741,71; Fishers Island Ferry District bills in the amount of $7,990.15; Southold Wastewater District bills in the amount of $2,746.00; Fishers Island Sewer District bills in the amount of $5,140.00; Southold Agency & Trust bills in the amount of $2,295.68; Fishers Island Ferry District bills in the amount of $546.81. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes from November 2~rd Town Board meeting. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the minutes of the November 23, 1993 Town Board meeting be and and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the next rec~u]ar meeting of the Southold Town Board will be a 4:00 P.M., Tuesday, DeCember '21, 1993, at the Southold Town Hall, Southoid, New Y~. Vote of the Town Board: Ayes~ CouncilWOman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was ~ declared duly ADOPTED. I. REPORTS. 1. Southold Town Program for the Disabled Monthly Report for November, 1993. 2. Southold Town Clerk's Monthly Repor-t for November, 1293. 3. -Southold Town Building Inspector Monthly Report for November, 1993. 4. Southold Town Trustees' Monthly Report for'October, 1993. 5. Southold Town Scavenger Waste Treatment Facility Monthly Report for November, 1993. 6. Southold Town Justice Tedeschi's Monthly Court Report for November, 1993. 7. Lawrence Healthcare CSEA Monthly Benefit Report for November, 1993. 8. Lawrence Healthcare PBA Monthly Benefit Report for November, 1993. 9. Councilmen's Report. 10. Supervisor's Report. DECEMBER 7, 1993 11. PUBLIC NOTICESL 1. U.S. Army Corps of Engineers', New York District, application of Sarah Gicale to construct a groin and place fill in Cutchogue Harbor at Cutchogue, Town of Southold, Suffolk County, New York. Comments to be received by December 29, 1993. I!1. COMMUNICATIONS. None. IV. PUBLIC HEARING. -:. ~.~v"'"".' i".M~' "East-West Fie-._ Protection District Contract". 2. 4:35 P.M. on a proposed "Local Law in Relation to Garbage, Refuse Permits". Rubbish and V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, there are two public hearings, that are scheduled, one for 4:30, and one for 4:35. Are there any members of the audience, that would like to address any resolution that we'll be acting upon in the next few minutes? ED SIEGMANN: Just give an explanation for Resolution #2, please. SUPERVISOR HARRIS: Number 2 has been changed from three to one positions being created for a After SChool Activity Aide. ED SIEGMANN: Down at the Center? SUPERVISOR HARRIS: That's the one. Ve McKieghan's program. Yes. ED SlEGMANN: Okay. Thanks. TOM SAMUELS: My name is Tom Samuels. I'm the Chairman of the Stewardship Task Force, and .1 would just like to read a letter that was sent to the Town Board by the Task Force by former Chairman Richard Hilary on September I5, 1992, to Honorable Scott Harris, Supervisor, Town Hall, Main Road in. Southold. Dear Super- visor, I am writing at the request of the Task Force Membership in regard to a request by the developers of the Jem Commons to the Town Board to change current zoning to increase housing density. Our position on this matter was adopted by the Task Force without dissenting vote; and drafted by committee designated by the group as a whole. The Task Force respectfully requests that the Town Board not approve the developer's request for downzoning at this time. While this letter is motivated by the urgent need to respond the Jem Commons proposal, we are not targeting this one development, but rather request that the Board not grant any applications for downzoning at this time for two reasons. One, increases in density should be tied to a plan for preserving open space. One of the key demands on our Task Force is to .assist the Town Board in devising a workable transfer of develop- ment rights~ TDR, plan by which developers would purchase open space f~r development rights in return for the right to increase density and developments in the hamlets. The Jem Commons site is one of the potential sites where such a trade may be approp- riate, and successful. Our subcommittee on hamlet density and farmland preservation is reviewing th s matter now. Our Task Force is concerned that all our efforts could come to notlhing, if downzoning and variances are granted prior to the imple- menting of a TDR? Program. Number two, approving downzoning would preempt the work of the Task Force as mandated by the Town Board. Our charge from the Town Board requires the Task Force to recommend ways to conform the zoning map to the objective of the .Master Plan. We are now at work on devising reasonable proposals to increase hamlet density while preserving desirable open spaces. The Jem Commons proposal to radically alter current zoning should not be approved until our Task Force has completed at 'least it's preliminary work of 'reviewing zoning and development throughout the town. We fear that zoning changes done in piecemeal manner prior to the completion ;of our work, will preempt our efforts to assist the Town Board in providing an o;veral development program for the Town. The Task Force wishes to emphasis that ~he group at this time takes no position on the merits of the Jem Commons p~oposai pep Se. It. may Or may not be appropriate to allow higher density at that location; FurthermOre we are not suggesting a moratorium on developm'ent. The owners, o. the property have every r.ght to proceed with development in accor- dance with the current Zoning Code. Rather we strongly oppose any changes in the current zonir~g, which will preempt our' work for the Town Board. I will be pleased to appear along with members of our Task Force before [he Town Board to answer any quest~ions about our pos'ition. Sincerely, Richard 'Hilary. Thank you. DE~EMBEI~ ?,"'1993 SUPERVISOR HARRIS: Anybody else at this time? ANN LOWRY:- My name is Ann Lowry. I'm speaking for NFEC, and as a member of the Task Force. I wonder how, when the Town has presumably all agreed that we want to preserve open space and farmland, you would give up at this particular time, just when the Task Force has made recommendations, and it is known that we have a.TDR Program to present, why you would not grab at the opportunity as a possibility for gaining some preservation of open space. I hope'you will really reconsider, and take this chance that you have now to.. a chance to preserve open space. Thank you. SUPERVISOR HARRIS: Anybody else at this time? JOE RISTUCCIA: Joe Ristuccia. I'm representing .myself, and also, TaxPac, and the Southold Independent Republican Committee. I understand you're going to have an item of the personnel, or maybe a vote on a member of the Planning Board. Is that correct? SUPERVISOR HARRIS: That's correct. JOE RISTUCClA: I'd like to just make a statement regarding that. l've heard that this Board is going to make an attempt to remove him from the Planning Board. ! think that is an absolute mistake. There was a mandate that was given in this town. As a matter of fact,in our last 'election I don't think there was an election in all of Long Island, or for that matter New York State, that attracted the attention of such a small place as Southold, where so much activity was going on, and so much devisive- ness, and so much invective of words that were being used, and going to all kinds of things. If you vote Benny out from his posiHon on the Planning Board, you're going to open up some wounds here, you will never see the end of it. All I can tell you is, this an. attempt on those people who are going to vote him out, and then try to vote in someone that the electorate in this town voted out of office. I'm talking about Mr. Smith. Here you have a case where you're going against the electorate. I think you're going to be making a mistake. I don't know what you're design is, or what you're attempting to do, but' the peoPle in this town wanted that change, and they spoke, and they spoke loud and clear, and if those numbers didn't demon- strate ~hat they want a certain thing to be done, I think yOU don~t know how to read numbers. So, I'm urging you very, very strenuously not to.do it. Thank you. RUTH OLIVA: Ruth Oliva. Orient. I really object, as you probably know, to Resolution 24, and 26. I'm appalled at the way this Board has conducted itself in the last month of it's term. I have been at these Board meetings for fourteen years. I've watched Boards come. I've watched Boards go, but I have never seen a Board that was so callous' in regards to the wishes of the people of this"town. Thank you. I think it's terrible. JANE GOHREL: Jane Gohrel from East Marion. I'd like to concur absolutely with two previous speakers, Joe Ristuccia, on the subject of the Planning Board appoint- ment, those that you made today, and I would like to say that I do not understand, at this time, going ahead with changing a zone on the Jem Commons property, and the other property in Southold. At this particular time when we know that we're working for a new, better vision for the Town of Southold conserving open space, and conserving, and helping the environment, and what is the rush? There are certainly, I would say, that this will not be in t.he service of the people of Southold. It will be in the service of perhaps the owner of the property, but it is not serving the people of Southold to push ahead with this at this particular moment. Thank you. SUPERVISOR HARRIS: Thank you. LINDA LEVY: My name is Linda Levy, and I am speaking today on behalf of the North Fork Environmental Council. I'm sure you remember, as many others who are here today, we spoke against the proposed change of zone for Southold Commons and Jem Commons back in March, April, May of 1992, when these issues first came up before you. The fact that these decisions are being made tonight one has to wonder, what is the sudden urgency? Ben Orlowski's seat has been up for months. These change of zone first came before you in 1992, yet you've chosen tonight, or this afternoon, to be the time that you're going to make these decisions. There is no other conclusion, that anyune can make. but that this is ~ slap in the face of the voters of this town. It proves'to us that you don't care about the good of Southold. If you cared about the town you would recognize that-tfti.s_'is the time to Ie~ve office graciously, 'and to excep~ the decision of the voters. Instead the only thing that we can believe is that this decision is nothing more than a vengeful act of a lame duck Board, and Supervisor. DECEMBER 7, 1993 33 MARGARET BROWN: I agree very much with what has been said, particularly Ann Lowry's Statement to, please, give open space a chance. There's no rush. These people who waited for a change of zone, waited for a long time, and wait a little longer until the Task Force comes to grips with what can be done. It's not going to be that much greater hardship on them. As far as the tradition on the Planning Board, itJs my understahding that your candidate, Henry Smith, didn't apply, and wasn't interviewed. That makes me wonoer why he was suddenly' selected, and why are you rushing into these decisions today. SUPERVISOR HARRIS: Anybody else at this time? LUClLLE FIELD GOODMAN: I'm Lucille Field Goodman, and I hope that you have taken, an extra moment to do the right thing. The thing that will make you look g~acious,~thoughtf~l, intelligent, and caring about the voters on the North Fork, who want to see their lives, their community, tne very magic of this community preserved, GiVe the US/UK Task Force a chance to make their recommendations. I think that the good of us all is really what matters, your good as well. Thank yOU · RONNIE WACKER: Ronnie .Wacker. I want to remind you of what it was like two years ago, when the US/UK was-here, and we were in this room, they made their report, everybody was jubilant. They were really getting down to what has been going wrong with the' .town ,' and you all agreed, too. You said, this is what we are going to do, and we're going to appoint a Task FOrce. We're going to work on these problems together, and this was the symbol of that time. We were going to do this together. Well, since then what has happened? Never mind that the Town Board will be changing. This is a political system. There may be a time when it Will change back, but in, the meantime we do have to look for She benefit of the town, not for a political ! think, is not to the benefit of the town, so, I ask you, please, to 'recc ge,of zone, or at least donJt consider it in the way that ' it, because there might be a l~ime when you will be coming up again, I remember this. Thank you. ED SiEGMANN: Ed Siegmann. You know I sat in this room one night, and I listened to the public come to bat, for Benny Orlowski, both When you wanted to remove him as Chairman, and then when there was an idea that the possibility he was going to be removed from the Board. You know if there was anyone in the public, or had any doubt in their, mind, that the clean sweep in the last election was a mistake, you've only confirmed that they did what should have been done. Your vindictive public be damned attitude 'is displayed again here tonight, as it has been for the last year or so. You know it would be like the public being vindictive, George, to you to done a commodity. ' they' re [ take. I position, and not and :boycotting Penny Lumber. Maybe some of things have people that you don't handle people like they were. them as they produce.,t° you; and what they do, and if 'e, even if you can ,t see the particular positions they 'that spoke before hope you. would change your move tonight. Thank you. SUPERVISOR HARRIS: Anybody else at this time? ED SIEGMANN: Why don't you answer some of the things, that are said? SUPERVISOR HARRIS: If not, we'll move on to resolutions. You had your oppor- tunity to speak on the resolutions before us. Thank you. 1.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the fol!owin9 individuals to the Southold Town Council on Veterans Affairs, effective Janaury 1, 1994 through December 31, 1994, they to serve in said position without compensation: John A, Harris Bernard A. Heaney Edward Scroxton Edward Kruszeski Richard L. Diehl Henry W. Drum Veterans of Foreign Wars Catholic War Veterans, St. Agnes Post No. 703, Greenport A.R, Grebe American Legion Post No. 1045, Fishers Island Burton Potter American Legion Post No. 185, Greenport Griswold-Terry-Glover American Legion Post No.803,Southold Raymond Cleav~.s American Legion Post No. 861, Mattituck 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Cou~ncilman Wickha'm, Councilman Penny, Justice Edwards, Supervisor Harris. Thi.s, resolution was declared duly ADOPTED. 2.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby creates one (t) position entitled "After School Activit'y Aides", to be employed under the Southold Town Office for Women After School Activities Program. They will act as craft leaders, which shall include organizing games both in and out of doors, serving snacks, helping with homework assignments, developing play activities, and clean-up duties. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Wickham, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Snuthold, on the 23rd day of November, 1993, a proposed Local Law entitled, "A Local Law in Relation to ~ertificate of OccUpancy Fe~"-; and WHEREAS, this proposed LoCal law Was r&ferred to the Sou~hold Town Planning Board and Suffolk 'County Department of Planning, all in accordance with the Southold ToWn Code and SUffolk county Charter; now, therefore, be it RESOLVED that the Town.Board hereby sets 4:30 P.M., Tuesday, December 21, 1993, Southold Town Hall, Main Road, Southold, New York, as tim~. and place for a public heat'in~ on the aforesaid proposed Local Law, which reads as follows: 'A LoCal Law in RelatiOn tO Certificate of Occupancy Fees BE IT ENACTED,' by the Town Board fo the Town of Southold as follows: I. Chapter'100 (Zoning) of the Code,of l~he 'Town of Southold is hereby amended as follows: 1. Sec1 mended to read as follows: (g), ,,: $20.!00 issued fi~e 11. This Local' Law * Underscore rep ** Overst 3,-Vote' of the ' CoY This resolution was more--than s filing With the Secretary of State. ~n Hussie, Councilman Lizewski; ustice Edwards, Supervisor Harris. 4.-Moved by WHEREAS 23rd of Nove to Site Plan WHEREAS Board and Southold ' RE: 1993 a public hearing on the a A Local Law in Relation to Site Plan Approval BE tT ENACTED, by the Town Board of th~ Town of. Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to rea'ds az f011~oWs:~ 1. Section 10Q-31B (Sp.ecial 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 Appffals, as hereinafter provided, and, except for two'family ~lw~liin~s and the uses set forth in Subsecion B(15) hereof, are st~bject;'to'site plan apProval by the Planning Board. II. This Local Law shall tal~e effect Upon its filing with the Secretary of State. * Underline represents additions ** Overstrike represents deletions 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman WiCkham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Councilman Lizewski, Board of the Town of Southold, on the p, roposed Local Law entitled, 'iA Local Law in Relation was referred to the Southold Town-Planning Of Planning, all in accordance with the cl~arter; now, therefore, be it 4:32 P.I Tuesday, December 21, New'.~.York, as time and place for )osed Local Law, which reads as follows: DECEMBER ?, 1993 35' 5.-Moved by Justice Edwards, seconded by Councilwoman H,Issie, it was RESOLVED that pursuant to the provisions of Section 284 of the Highway Law, the Town Board of the ~rown of Southold hereby agrees that moneys levied and collected for the repair and improvement of highways~ and received from the State for the repair and improvement of highways, shall be expended as follows: General Repairs. Tt~e sum bf'$2,064~712.00 may be expended for general repairs upon 190.93 miles of town highways, including sluices, culverts and bridges having a span of less. than five feet and boardwalks or the renewals the. reof; and be it FURTHER RESOLVED that no moneys set aside for such improvements shall be expended., nor shall any work be undertaken on.such improvements, until tue County Superintendent approves the plans, specifications and estimates for su~,h~nstruc~,~.~n. 5.-Vote of the TOwn Bbard: Ay~s~ Councilwoman Hussie, Councilman Lize'~v~ki,' Councilman Wickham~, Councilman Penn,/, Justice Edwards, Supervisor Harris. This resolution was i declared duly ADOPTED. 6.-Moved by ~Councilma~n Lizewski, seconded by Justice Edwards, it was RESOLVED that. the~ TQwn Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute agreements with the following indivi- duals or businesSes.~for the: Winter 1994 Recreation Programs, alt in accordance with the approval of the Town Attorney; Thomas Boucher' (guitar lessons) Eug~nia 'C herouski ' (folk dancing) East End Insurance Services (defensive driving) Fred Endemann (celestial navigation) Thomas Fox Icar.toon drawing) School (horseback riding) Valentine men's league) $16.00 per class (I hour class) $15.00 per hour $35;00 per person enrolled $20.00 per hour $15.00 per class ( hour class) $150.00 per person enrolled $16,00 per class (45 minute class) $15.00 per hour 6~-Vote of the ;s: Councilwoman Hussie, Councilman Lizewski, CoUncilman Wickham~. Councilman Penny, Justice Edwards, Supervisor Harris. 'This resolution ~as d~cla'red duly ADOPTED. 7 .-Moved by RESOLVED that':the 'Town release of the of Town 'Pla~ Cou This resolution seconded by Justice Edwards, it was ~rd of the Town of Southold hereby authorizes the ~nd for roads and improvements in the maior subdivison with the recommendation of the Southold whereas all required improvements have been completed. Ayes: Councilwoman Hussie, Councilman Lizewski, ncilman Penny, Justice Edwards, Supervisor Harris. y ADOPTED. 8.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED ti the Town Board of the Town of Southold hereby authorizes the Board of Co~ ~ Fishers Island Ferry District to accept the bid and J. S. McHugh, Inc., at the bid price of $87.90 per seat, for removal installation of approximately six hundred (600) seats located at Fishers Island. JUSTICE ED~WARDS; t might add that these seats have been in there since the movie was b~ilt in 1938, and' they do need some repair. 6o -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wick<ham, COuncilman Penny, Justice Edwards, Supervisor Harris. This resolution wasi declared duly ADOPTED. 9.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that theiTown Board of the Town of Southold hereby authorizes the followin9 bud~let mQdification to the General Fund - Whole Town 1993 Budget to appropriate Park & iRecreation funds for Tasker Park electrical items from Schwing Electrical Supply Corp., dated October 11, 1993: To: Revenues: A2025 Special Recreation Facilities $ 339.40 Appropriations: A7110.2 Parks, Equipment $ 339.40 9.-Vote of the'Town..Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickha_m, Councilman Penny, Justice Edwards, Supervisor Harris. Th;s resolution was declared duly ADOPTED. 10.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the, Town Board of the Town of Southold hereby authorizes the followin~t budget modification to the G~neral Fund - Whole Town 1993 Bud~let to cover overarawn line items and anticipated needs for the remainder of_.the year: To: A9010.8 A9055.8 From: A9710.6 A9710.7 NYS Retirement CSEA Benefit Fund $.2,800.00 3,500,00 ~- ~ Serial Bonds, Principal $ 2j200.00 Serial:~Bonds, Interest 4,100,00 10.-VOte of the Town Board: Ay. es: Councilwoman Hussie,,.Councilman Lizewski, Councilman Wickham, Councilman Penny,, Justice Ed._w~tdS, Supervisor Harris. · ~ra S This resolution_ declared dui'/ ADOPTED. 11.-Moved by Justice Edwards, secor~ded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the foliowinc~ 1993 Bud~let modification to the General Fund - Part Town to cover overdrawn appropria.tions and b~nticipated needs for remainder of year, including appropriation for J. Kevin Brosnahan for the PBA matter with PERB: To: B1420.4 B3130.4 B9010.8 From: B31,30.2 B3620.4 B901§.8 Town Attorney, Contractual Expenses Bay'Constable, Contractual Expenses NYS Retirement $ 30,120.00 2,200.00 800.00 Bay Constable, Equipment $ 2.200.00 Safety Inspection, Contractual Expenses 120..00 Fire & Police Retirement, Employee Benefits 30,8001.00 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman LizewSki, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor HarriS. This resolution was declared duly ADOPTED. 12.-Moved by Councilman I_izewski, seconded by Justice Edwards, it was RESOI,VED that the Town Board of the Town of Southold hereby authorizes the followinc~ 1993 budc~et modification to the Town of Southold Employee Health Benefit Risk Retention Fund to coveroverdrawn appropriation: . To: MS.1989.4 Medicare Reimbursement $ 4,400.00 From: ~060.8 Hospital & Medical Benefits $~ 4,400.00 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor, Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Charles Greenblat't Inc. for furnishing to the Town of Southold Police Department Uniform Clothing For Calendar Year 1994, all in accordance with the bid specifications and their proposal dated October 28, 1993. 13.-Vote of the Town-Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 25, adopted on November 23, 1993, app.~ointing Patricia W. Wood as a Clerk in the Office of the Receiver of Taxes, effective December 1, 1993. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin~t 1993 Budget modification to the General Fund - Part Town to cover remainder of billing for J. Kevin Brosnahan with regard to the PBA matter with PERB: To: B1420.4 Town Attorney, Contrac-tual Expenses $ 3,000.00 From: ~-~-~-5.8 Fire & Police Retirement, Employees Benefits $ 3,000.00 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman WickhaTM, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time we need a motion to recess for public hearings. ~t4oved by .Councilman Wickham, seconded by Councilman Penny, il'was RESOLVED that a recess be called at this time, 4:30 P.M., for the purpose of holding public hearings. Vote of the Town Board: Ayes: Councilwoman Huss!e, Councilman Lizewski, Councilman Wickham, 'Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconvened at 4:45 P.M. SUPERVISOR HARR.IS: We'll move back to the regular portion of your agenda. 16.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of $12,000.09 to Peconic Properties Management Corp.., which amount is the money paid in lieu Of Park and Playground, and to date the developers of Southold Villas, Section I have 14 homes committed to the 'Southold Town Affordable Housing Proc ram. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Councilman Penny. This resolution was declared duly ADOPTED. ~7.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was 'RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris 'to submit two (2) grant applications to the New York State ISTEA Transportation Enhancement Program: Application 1. Southold Town Recreation Trails. Application '2. Southold Town Stormwater Runoff Mitigation Program. 17.-Vote of the Town B~oard: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Southold Town Youth Board, effective January 1, 1994 through December 31, 1994, they to serve in said positions without compensation: Chairperson: Mary Ann Fleischman School District: Youth Representive: Greenport Christina Goldsmith Mattituck Helen Coster Southold Isaac Kaplan Ryan Springer Hamlet: Adult Resident Representiative: Greenport/Orient/East Marion James Martinson Mattituck/Cutchogue/New Suffolk (vacancy) Southold / Peconic (vacancy) Civic/Church/Business: Representative: Karen Diffley ~ark Gagen Representative: (vacancy) Gail Horton (vacancy) Representative: James McMahon Henry Santacroce, Jr./Beth Wilson Harvey Arnoff Kenneth Reeves Councilman Joseph J. Li~ewski 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Counc.;!man Lizewski, Councilman Wickham, Councilman Penny~ Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Agenc¥/Or9anization: B.O.C.E.S.I C.A.S.T. Family Service League Southold Town Department: CommUnity Development Juvenile Aid Bureau Law Recreation Town Board Adult Representative: Thomas L. Rabbitt DECEMBER 7, 1993 19.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for two adult community representa- tives for the Southold Town Youth Board for Mattituck/Cutchogue/New Suffolk, and Southold~Peconic. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution Was declared duly ADOPTED. 20.-Moved by Councilman Penn~,~. seconded by Justice Edwards, it was RESOLVED that the To~:~_~Lo~.rd of the Town of Southotd hereby authorizes an increase in authorization t6 Cashin Associates, P.C., in the amount of $4,500.00, to cover additional meetings requiring CA's involvement with regard to the Town of Southold Local Waterfront Revitalization Plan, and updating of existing data due to extreme weather conditions that occurred during the 1992/1993 winter, specifically the record-breaking~ Northeaster in December, which caused unprecedented flooding and coastal erosion which had to be reviewed in term of its implication to the LWRP in Southold Town. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman I_izewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared dUly ADOPTED. COUNCILMAN WlCKHAM: They have a contract at a given figure, and I don't see that the~q'own needs to .provide the additional payment to them. 21 .-Moved by Councilwdman Hussie, seconded by Justice Edwards, it was RESOLVED that the! Town Board of the Town of Southotd hereby appoints Fran Shahbazian as a part-time Clerk Typist for the Recreation Department, 17-1/2 hours per week, at a salary of $6.50 per hour, effective December 8, 1993. 21.-Vote of the ToWn Board: A~es: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints ~lary Jane Prucell provisionally as an Aide in the After School Activity Program, 12 hours per week, at a salary (~f $6.80 per hour to be pa d through the tuition of those who participate In the program, effective November 29, 1993. 22.-Vote o~ the' Town i~oard: Ayes: ~C0unCilwoman Huss e, Counci man Lizewski, Councilman W[ckharn, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED-that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a contractual agreement between the Town of Sout~hold and Chief of Police Stanley Droskoski for his conditions of employ, ment, effective immediately. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman WiCkham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Henry. P. Smith as a member of the Southold Town Planning Board, for a five (5) year term, effective immediately through December 31.. 1998. COUNCILWOMAN HUSSIE: We received no application for Mr. Smith, and we did no interview for Mr. Smith, and while I have nothing against Mr. Smith I object to the process, and therefore I vote, no. COUNCILMAN WICKHAM: No, and I'd like to give a very brief history on this saga. As you probably.recall back in ~'vlarch, Mr. Orlowski term expired, and at that time he was demoted as Chairman, and we went out to resumes. At that time we recruited a number of resumes. We had interviews. We had some very good people who applied Mr. Orlowski was among them. During .the summer and fa!l, past the election, the Town Board: recognizing that we didn't have four votes to do anything, continued to put it off week after week, and never really seriously addressed the .issue. There were no discussions. There was no putting it on the table. There was nothing on the agenda. There was no indication until about 2:45 this afternoon, nothing on the agenda, no intimation to other people on the Board, that I was aware of at least, that as of this afternoon four votes had been found for a new candidate, a person who,as Alice Hussie has just said, had not been interviewed, for whom we have no resume. Who, as far as I know, has never even expressed interest in the position. Now, Mr. Smith is a fine person. I've known him for some years, and I respect him. I don't think that that's the way a Town Board in the .ToWn of Southold should - operate~ and ! have to vote against it for that reason. In doing this the Town Board ;~s diminished itself, and I think it conveys a message to the people of~ this town, and ti patronage. The message i§, if you speak up, and act ce, as everybody knows Mr. Orlowski did, you'll suffer the risk of being canned for. it. If you do what you think is- right, you've got rewards out there, and if you play the game the political way maybe you can find a berth,' That's the message the Town is send;nc. I have nothing against Mr, Smlth. But, what the Board is doing in this action seriously diminishes, in my view, the image of this Board, and local government in the Town of Sothhold. I can not SUl~ort this resolution. SUPERVISOR I,m pleased to vote for Mr. Smith', who: has been a Political indivlidu; years, since I!ve known him on the Board. Mr.. Smith was a compror ~at existed on this Board for the last six months. Every on this. Board could not move on the individUal, supporting. This. move allows the Town to move ahead. It get.. ck on tra as I'm concerned, with a businessman, up: com- .~ who has .not. only business in this town, but also has~ :been lived in this town all his life. This' individual wil! be. a tremendous forward to announcing~:this to lhim. I'm Sure he has on a great ght, .is being acted upon· ease? Can I have some courtes' this position. I don't know of pport. However, his name wa ay, which will allow this town to .move Smith has been appointed to the Plarlning y, ears to. come. I'm sorry. Mr: Smith tr members and a~nd I'm · 'He'~will be Councilman Lizewski, .Councilman Penny, Justice No: Councilwoman Hussie, Councilman Wickham. duly ADOPTED. 25.-Moved by Counci!man~Penny, seconded by Justice Edwards. WHEREA$~ Reynoldil-and Herman Blum, by ,~ petition filed January 25, 1993, applied to the Town Board of the Town of Southold for a change of zone On certain property located on' the south, side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New YO~E, (SCTM #1000-103-01-19.2 & p/o 19.11, from Residential Office "R-O" Distri, istrict; and WIll was referred to the Southold Town Planning Board and Suffolk ~ County Department of' Planning for official recommendations and reports;, and WHEREAS, the, Town Board, pursuant to due notice, held ~ public hearing thereon on the 4th day of May, 1993, at which time all interested persons were given an opportunity~ to be.heard; now, therefore, be~ it RESOLVED that and Herman Blum be and hereby~are granted the relief demanded in on the above described prope~ty,i Whici~ is bounded and desc Beginning at a po nt on the southerly side of Main State Roa(~, 520 feet east of ,the corner formed by the intersection of the easterly side of Stillwa~er Avenue " ' ' ~ " ' w th the southerly side of Main State P~oad and which point of beg!nning is also where the easterly line (~f land of Elizabel~h Homan intersects the .side of Main State Road; thence along the southerly side of Main State Roa following two courses and distances: (1) North 51° 22' 20" East, 162.0 feet Not'ih 49° 31' 00" East, 565.23 feet to land of Ci~hanowicz; thence along land c the following course apd distance: (1)! South 40° 29' 00" East 327~!70 nco ,West 780.51 feet to land of J. Homan, and land of E. Homan, No~h 3[.° : 337.20 feet to the point or place of beginning. Containing 5.6~3 at:res. 25.-V~ot.e qf the.~0wn B0ard: Ayes: Councilwoman Hussie, Councilman Wickham, Cbbncllman Penny, Justice Edwards, Superv sor Harr;s. No: Councilman Lzewski. This ~esolution was duly ADOPTED. DECEMBER 7, 1993 26.-Moved by Supervisor Harris, seconded by Councilman Penny, WHEREAS, Jem Realty Co., by petition filed March 1, 1990, applied to the Town Board of the town of Southoid for ,a 'change of zone on two (2) parcels located on the northerly side of the North Road, Greenport, from: Parcel 1 - the most southerly 42+ acres from existing "R-80" Residential Low Density District (2-acre minimum) to "H-D" Hamlet Density District; ParceJ I1 - the most northerly 20+_ acres fror9 "R-80" Residential Low D~ensity District (2~acre minimum) to "R-40" Residential Low Density District (1-acre minimum); and WHEREAS, the said petition was referred to the ~Southold Town Planning Board and Suffolk County Department of Planning-for official.~recommendations and reports; and WHEREAS, ti~e Town Board~ pursuant to due notice, held a public·hearing thereon on the 4th ,da~/ of February, .-1992, at .which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Jem Realty Co. be and hereby is granted the relief demanded in said petition subject to the execution, and recording in the Suffolk County Clerk's Office of the ~following Declal~ation Of Covenants and Restrictions, which are hereby made a part of the Town Board's decision: WHEREAS, the Declarant (Jem Realty Co., a partnership with offices at 43~West 54th Street, New York, New York) is the owner in fee simple absolute, of premises-located _at the north side of Main Road (Route ~,8) east of Sound Avenue, Greenport,: New York, Tax Map NO. District 1000~, Section 3$,..iLot 24, more specifii:alty described on Exhibit. "A" (to follow this- recital) and' made a part ~.hereof, '(hereinafter referred to as the "Premises"), commonly known as Jem Commons; and WHEREAS, the Declarant has made application to the Town of Southold for a change of zone· from Residential R-80 (Residential Low-Density District (two- acre minimum)).to Residential R~40 (Residential Low-Density District (one-acre minimum)) as to Parcel I, and R~8'0 (Residential Low-Density District (two-acre minimumS) to HD (Hamlet Density Residential District) as to Parcel. 1;I; and · WHEI~E~ .,the Town of-'Soutfiold ha~, ~agreed to grant Declarant's application for. :a~- t:hange~ of .zone; and Wi agreed, in consideration of the approval of the ToWn il Town of Southotd to the change of zone to provide for restriction~ concerning the development and use of Premises which the Town of Southold deems in its best interest as whole to' obtain; and WHEREAS, the Declarant has agreed to place these covenants and restrictions against, the Premises. WlTNESETH NOW. THEREFORE, in consideration of the Premises, and the agreements herein contained, the Declarant hereby declares as follows: 1. In the development of the subject Premises, a proposed subdivision shall provide for two access roads from said subdivision to the Main Road ( Route · 48). 2.. Parcel I (20-acre portion) of the Premises to ~be .designated as Residential - R-40 (Residentia~l Low-Density District (one-acr~e minimum)) shall be developed under the R-40 (Residential Low-Density :.District (one-acre minimum)] criteria and cluster planning concept as called for in the Code of the Town of Southold. 3. Parcel. II (42~acre portion) of the Premises to be designated as HD (Hamlet Density Residential District) zoning, shall: A. Be developed at a density equal to one residential unit per one half (1/2] acre. B. Provide that out of the total number of units to be built, (as provided in Subsection 3A) 30% are to be designated "Affordable HOusing" units and shall be, required to meet the criteria indiCated in the "Affordable 'Housing" Section of the Code of the .Town of South01d. C. Provide that all areas designated on the site, as open space, if!any, shall be located, if practicable, so it shall be adjacent to: the open space areas designated on the parcel of property to~ the east. 4, The covenants and restrictions contained herein shall be enforceable by the Town Of Southold against the Declarant or the then owner of the Premises, or by proceeding at law or in equity against any persons or parties violating or attempting to violate any conditions of this Declaration; to restrain violation, in whole or in part. 5. The above-mentioned covenants and~ restrictions shall be anc~ constitute real covenants running with the land and shall be binding upon the Declarant and any and all subsequent owners of said real property or part thereof, and upon their heirs, executors and administrators (or their successors o~ assigns), subject, however, to the right of the Town of Southold annul, or repeal any or al~ of~ the foregoing covenants and/or restrictions at any time, The legal description of the aforesaid property is as follows: All that certain Plot, piece or parcel of land, situate, lying and being at Greenport, Town of $outhold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: Parcel 1: C~ortherly parcel): Beginning at a point on the easterly line ~f- formerly of Gus Schad, which point is the following courses .~s along the land now or formerly of Gus Schad from the northerly line of 25): (1) North 30 degrees 16 minutes 30 secon~ North 76 degrees 30 minutes 30 seconds East 375!.~4( rees 05 minutes 30 seconds West 807.87 feet, and runn|J from said point of beginning South 62 degrees 26 minutes 40 ~t through the land of the party of the first part 1373.47 feet to the~ land now Or for~merly of Augustus Straussner~ thence North. 27 degrees 33 mJ~ seconds West alo~ng the land now or formerly of Augustus Straussner and ~50 feet '~ the Long Island Sound; a tie-line along the I~ong nd ha~ing the fol'~lowing courses and distances: (1) North 60 degrees 32 seconds East 1356.27 feet, (2) North $~ degrees ~0 minutes 00 86~00 feet, .(3) North 66 degrees 10 minute's 01~ seconds East 3~ degrees 13 minutes 30 seconds E~st ~7~33 feet, thence the land now or formerly of Gus S~had the'following courses and distances: (1) South 21 degrees 34 minutes 40 seconds ~ East 410.00 feet, (2,)$Ou~h 21 degrees 05 minutes 30 seconds East 175.00 feet to the point or I~lace of~ Pa herly .parcel): Beginning at a point on the n~,rtherly side the same is intersected by the westerly side of land now or , Haneman, formerly Grace Robinson; and from said point of hence along the northerly side of NOrth Road the stances: (1) South 78 degrees 09 minutes 20 seconds We~ ~ 75 degrees 15 minutes 00 degrees West 246.26 feet to y of Sinuta; running thence along said land i~orth 26 20 seconds West 240.77 feet to the la.nd now or formerly of j~ thence along said land the following courses and~ rees 58 minutes 00 seconds West 198.28 feet, (2) ~minutes 30 seconds West 389.47 feet to the~ lan~ now or forme ~ning thence along said land and along land of other owr~ ~rses and distances: (1) No~rth 27 degrees 47 st 548.67 feet, (2) North 27 degrees ~33 minu~es 20 seconds West 634~.1~ feet, running thence South 62 degrees 2~ minutes 40 47 f~et to said land now or formerly of F.C~P. Haneman; said land the following courses and distances: (~) S~uth 21 seconds East 807..87 feet, (2) ~$outh 76 degrees 30 mi 376.40 feet, (3) South 30 degrees 16 minutes 30 seconds East I0~ to the northerly side of North R~ad~ at the point or COUNCILWOMAN HUS$1E: On the fourth of February, 1~92, we had a public hearing ,on the original proposal for Jem Commons, which included 171 units. A year later, March, '~9~, we were presented with a new map, and covenants and restrictions, and although the number of units has been reduced to 103, I still do not approve, because we did not have another public hearing. We've only heard from the public on one proposal, and not this proposal. I vote, no. COUNCILMAN WICKHAM: I'm voting against both these zone changes. Will the other one be raised, Scott, or not? SUPERVISOR HARRIS: It's being held. COUNCILMAN WICKHAM: I'm voting against this zone change for a number of reasons, First, because no one, not one person besides the applicant and his attorney spoke in favor of this proposal at public hearings, and there twenty over people who spoke against i~. I'm voting against it, because there is no demostrated need for the changes .that he requests at this time. The continued failure of the Brecknock propertie~ to be develop according to it's increased density confirms that there is no clemostrated need at this time. ~em is next ~oor ~o ~recknock~ and I DECEMBER 7, 1993 should not that a change of zone should be based, and predicated on current need, not some speculative need way out ten, or twenty years in the future. The change of zone can be taken up at that time,-and thirdly, I'm voting against it because 1 believe changes of zone such as these should be considered only in the context of the tranfer of Development Rights Program, which the Stewardship Task Force has recommended to the Board, and which, I might add, enjoys broad support from the Town Board, as long as we give away changes of zone, there will be no rationale an~l'~no interest in transfer ~ Development Rights Pro, ram, and, fourthly; because of extensive backroom finagling between the applicant 'and members of this Town Board finagling that has Sharply changed the scope of this proposed project, since it was hear~l at a' public h~earin~' early in 1992. fifthly, because I think it is wrong, and the Board, with no advance notice, with the agenda item added~to yesterda~ ~r Close of business yesterday afternoon, and with no time for consult and consider their: ~ote seriously, ~nd, no, because I think it is a dangerous pi-ecedent for an outgoing Board tolvote at' one Of it's last meetings, three weeks before th~ in political a~fairs :in the town, giving the Board every appropriety in awarding favors. In ,short, the propoSed zon~ change reflex:tS all ~e' hat the voters of' SouthOId Town rejected just two months ago, allowed to go forward, and I should add, personally,' forage ithis'is the lowest nt [ have had in four y~ars on this ToWn B~ard. Tl~e on.l~ good tl~ing I can say about it is, after this it can only go up. Thanl~ you. JUSTICE EDWARDS: With comments, yes. I think; Tom, you're all wet in a couple of your paragraphs there, a'nd I want to say I'm voting for this, because it's the future for the youth of the community with affordable housing~ and I dOn~t see anymore projects coming through the Town Board in years to come, that will have 'affordable housing stamped on them, and that's why I'm going along ~ith this. 26.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Penny, Justice Edwards, SupervisOr Harris. No: Councilwoman Hussie, Councilman Wickham. This resolution was duly ADOPTED. 27o-This resolution was held - not acted upon. Proposed resolution to ~rant a chancre of zone to Emanuel Kontokosta (Southold Commons) from R-80 (Residential Low-Density District - two-acre minimum) to H-D (Hamlet Density Residential District) on certain property located at the south side of Middle Road between Youngs Avenue (also known as Railroad Avenue and Boisseau Avenue, Southold, New York. SUPERVISOR HARRIS: Number 27 is being held. Number 28, do you want to enact the "Local Law in Relation to Garbage"? 28. -Moved by Supervisor Harris, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold on the 23rd day of November, 1993, Local Law No. 25 - 1993, "A Local Law in Relation to Garbage, Rubbish & Refuse Permits"; and WHEREAS, a public hearing was held on this Local law on the 7th day of December, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Local Law No. 25 - 1993 be enacted as follows: LOCAL LAW NO. 25 - 1~93 A Local Law in Relation to Garbage, Rubbish & Refuse Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 48 (Garbage, Rubbish & Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 43~3(D) is hereby amended to read as follows: No vehicle shall be permitted to transport refuse into any refuse disposal .area maintained by the Town of Southold unless such vehicle displays a valid permit and/or license issued pursuant to the provisions of this chapt,er., except that vehicles owned and operated by any of the following entities shall be permitted to t~ansparti refuse into any refuse disposal area maintained by the Town of Southold, provi~ted at least one (1) valid 'permit and/or license has }een issued to the particular entity: State of New York, ge of Greenport, and fire districts, school ~rk districts located within the Town of $outhoid. II. This Local LaW shall take effect upon its filing with the Secretary of State. * Underscore represents additions. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Superv[sor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I move the motion to authorize the EastrWest Fire Protection agreement to be remended for three year term in reference to an opportunity to help fund other parts of the East-West Service Award Program, that may be needed in order to institute fire protection in that district. 29.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an amended agreement between 'the Town of Southold and' the Village of Greenport for the "East-West Greenport Fire Protection District, Town of Southold, New York", for a term of five (5) years, commencing on January 1, 1994 and ending on December 31, 1998, and which con-- tract includes payment to the Village, in addition to the following sums annually, 46% of the annual cost of maintaining the Firemen's Service Award Program: 1994 - $142,000.00; 1995- :$150,000.00; 1996- $157,500.00; 1997- $165,375.00; 1998- $173,644.00; all in accordance with the approval of the Town Attorney. ~29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, are there any members of the audience, that would tike to address this Board on any matter in. reference to Town business? ED SIEGMANN: Edward Siegmann. I think that the people here should be entitled to a legal explanation of what makes it possible for you to appoint someone, that you haven't talked to, that has not make an. application, hasn't given you an answer whether he wants the job or not, competing with people who did make out applications, and who were interviewed for the job? I think that the people here are entitled to a legal explanation of how you can do this. SUPERVISOR HARRIS: I will 'advise .Town Attorney to consult with you, Ed, in the future. ED SIEGMANN: I'm not asking him to consult with me. I'm asking you to give an explanation to the people here. SUPERVISOR HARRIS: I'll advise them, and they can prepare remarks at the next meeting. COUNCILMAN WICKHAM: Why the next meeting? SUPERVISOR HARRIS: It will give an opportunity to ask what was requested. ED SIEGMANN: i'm'sure that before you voted on this tonight, you must have asked for legal opinion of whether you would have a right to do it or not, so, whatever legal opinion he gave you, wouldn't we be entitled to what that legal opinion is? SUPERVISOR HARRIS: If a legal opinion was required, of course you would. ED SIEGMANN: Did he give you a legal opinion? 4'4'~' DECEMBER 7, 1993 SUPERVISOR HARRIS: I'm not going to answer that, Ed, because I 'haven't been advised, or consulted with the Town Attorney in reference to this. Anyone else before we make a motion to adjourn? JOE RtSTUCClA: My nar~e is Joe Ristuc~ia'. I'd like to carry through or follow up on Ed Siegmann's question to you. I think that this town is entitiled to a legal answer, because as ~far as I'm concerned, I think there's some legality here..I mean we just found out that this wasn't even put on the agenda, and all o~f.a sudden.. SUPERVISOR-HARRIS: It was on the agenda, Mr. Ristuccia. It was,on the agenda. JOE R!STUCClA: I don't see it ~e. But I don't see it. SUPERVISOR HARRIS: It's Executive Session. JOE RISTUCCIA: But, anyhoW then answer Ed Siegmann's question. ! think this town deserves that explanation. You are the Supervisor, Scott, Mr. Harris, and I think this community, after voting the way it did on November 3rd, deserves an answer. Secondly, I think the reason that Alice voted, no, is an appropriate one. There was no application made. All of sudden this guy was materialized from nowhere. Does he have qualifications to be a Planner? SUPERVISOR HARRIS: Yes. JOE RISTUCCIA: What are his qualifications? SUPERVISOR .HARRIS: Fourteen years he served this public diligently. JOE RISTUCClA: That's not qualification enough. SUPERVISOR HARRIS: It certainly is, and the position he held.. JOE RISTUCCIA: There are a lot of people who served more than fourteen years. SUPERVISOR HARRIS: He served in an elected position for fourteen years, and certainly has the ability to conduct himself on the Planning Board admirably, as anyone else would expect. JOE RISTUCClA: But then Mr. Orlowski had served what, nine years on the Board? SUPERVISOR HARRIS: I don't know how many years. It was a number of years. JOE RISTUCCIA: .Okay? Don't you think that holds for something? Fourteen years? I think, really, I'm surprised, Scott. I've always held you in high regard, and I've held this Board on high regard, however, now, I'm beginning to wonder. The integrity question here.. SUPERVISOR HARRIS: Mr. Ristuccia, the Board had to end the gridlock, and it ended it. JOE RISTUCCIA: I disagree with this. I disagree with this .vote, and'l applaud the two members, who'did not vote forJt. We will have to see what will happen with this matter~ as far as a legal question. Thank you. SUPERVISOR HARRIS: Yes? RUTH OLIVA: Again, I'll just continue with what Mr. Siegmann said about a legal opinion. I'd like a legal opinion from the Town Attorney whether you're allowed to approve a change of zone, as to Jem Commons, when the applicant has come back in and done some horse trading at the table, then come back in with new maps, new C&R's. The Board was not aware of these C&R's until about five minutes before they enacted it, decided to go with it, and, also, he also came in with the C&R's and I'd like a legal opinion whether you are allowed to do this without having another public hearing~. I don't think you are, I think it's highly illegal, but then, again, I think this Board has done a few little things like that. SUPERVISOR HARRIS: If the Town Attorney would like to addffess this, he certainly may. ASSISTANT TOWN ATTORNEY KIERNAN: In four years, it seems to me, that when thinks really get l~0ugh everyone looks to the Attorneys. Let me respond to the first question. The only provision that I'm aware of is the Town Board's authority to appoint the member of the Planning Board is that, the individual be a resident of the town. I think that's the only law you're going to find on the books, in the Town law. As far as a procedural regulation regarding interviewing the applicant, or having resumes submitted, ! think you just have a..there's nothing in the law that speaks about that. It's done on a town by town basis. As far as the public hearing on the maps, I know the Town Board was given a legal opinion by the Town Attorney Harvey ,Arnoff many, many months ago, on the issue, and I see no' reason to disagree with Mr. Arnoff's opinion, and it's unfortunate that he is not here tonight to set it forth here in pub~i~.i~ RUTH OLIVA: I think you ought to recheck it though, Matt, because I have some legal opinions that 'another lawyer had given me, and it looked to me in the MunicPal Town Law, that if iyou had a situation, as you have wi, th Jem Com, mons, and with Southold Commons,' Mr. Kontokosta coming back in here, that the people were entitled to another public hearing, because this was a comp!ere change of maps, and what have you. This was, not an insignificant change. This was a major change, and I think it would require a public hearing ASSISTANT TOWN ATTORNEY KIERNAN: Well, Ruth, if the Town Board.. SUPERVISOR HARRIS: Would you state you name for the record, again, please. RUTH OLIVA: Ruth Oliva. ASSISTANT TOWN-A'rTORNEY KIERNAN: Ruth, if the Town Board directs me to look into it, I'd be happy to look into it. If I'm here in January, when you take office, and you sodir, ect I'll be happy to look into it then. JOE RISTUCCIA: I'd like to respond to Mr. Kiernan's remark about the qualifications for Planning Board member. SUPERVISOR HARRIS: Would you state your name, again, please~. JOE RISTUCCIA.: My name is Ristuccia. Your statement that. the only qualification a person needs is being a resident of the Town of Southold is perhaps true. However, you're skating on very, very thin ice, and what I want to bring to y~our attention is precedent and custom, and what is customary. I think if you look into the record of all the appointments, there have been interviews. As a matter of fact, the indivi- duals have to apply. Mr. Smith hasn't even applied, that is as of right now. Somebody pulled his name. out of the air. There's nothing on file. As of right now, I'd like to perhaps lock the records up just to make sure that that's done, so there'S no finagling going on, because I don't trust anything that's going on here now. From here on in I don't trust any of the other members Who voted against this, and I want to stand on the record. You people have been playing around too much with this past election, and that's why you were overwhelmly defeated, because you've been playing this game with many different individuals. You fired Reeves. You tried to fire Scopaz. You fired the Building people. YoU're involved in so many different shenanigans, and you really don't know what you're doing. JUSTICE EDWARDS: I disagree with you. JOE RISTUCClA: You're entitled 'to that, Ray. JUSTICE EDWARDS: Damn right, and I do. JOE RISTUCCIA: And I'm entitled to my opinion. Thank you. SUPERVISOR HARRIS: Anybody else at this time? ED SIEGMANN: I'd like to follow up with the explanation that you gave. Is there anything in the Code of Ethics in the Town, that you could 'look at that will give you an answer, or do you have a Code of Ethics? 6 DECEMBER 7, 1993 ASSISTANT TOWN ATTORNEY KIERNAN: What was your question? ED SIEGMANN: The' question was to give me a legal explanation for the way this man was given the job, and you gave an explanation saying, the only thing that's necessary is for him to be a resident of Southold. Now I,m saying, if you look further, if you have a Code of Ethics in the Town, is there anything in that Code of ~Ethics, which would indicate to you whether this was done properly or not? ASSISTANT TOWN ATTORNEY KIERNAN: There's nothing in the Town Law, or the Code of Ethics, which would prohibit the Board doing what they did tonight. SUPER¥1-SOR HARRIS: Anybody else at this time? MARGARET BROWN: My name is Margaret Brown, I guess I'm qualified to be on all the Boards, too, because I've been busy volunteering for at least twelve years, In any event, history is written in very interesting ways, and in very pecular moments~ and I think we iust saw a pecular moment in Southold Town's histor'y, and those of you who voted for these unpopular ~changes will have your names attached to these things for years to come, and I hope that you will be proud of them as the years go by. SUPERVISOR HARRIS: Thank you. Anybody else? VICTOR BROWN: Victor Brown of the Stewardship Task Force. You know I have to think of all the hundreds of ~hours, that the Task Force has contributed, and t~me towards their efforts on all the matters that have to do with open space, and farmland preservation, Scott~ and l, also, have to comment on the very interesting exposure, that we had last night. We went to the Mario Cuomo's Task Force meeting last night in Riverhead, and found that there's a strong similarity between a lot of the ~deas that the Stewardship Task Force has set forth, and wants to set forth as initiatives that would fall into the catagory of getting you to delay, just a little while, until we have a little more time to look a~ TDR'$. It's interesting to note that the Governor's Task Force had a lot of similar ideas~ iust very much parallel to our ideas, too. So, it's~like saying, well, gosh, you know we've been doing the right thing. Why aren't you guys doing the right thing as far as giving us a break? We've been spending a lot of t~me. I side with Margaret Brown. ~he's put in a lot of time. I've put in a lot of time. The Task Force has put in a tot of time. Then all of a sudden we're getting a great big surprise. You, guys, what are you ~loing? You know it's strange, and-it"s a real put-down~ I tt~nk, to the Task Force~ and I'm sorry about that. I'm really sorry. It makes me very unhappy. SUPERVISOR HARRIS: Thank you. Yes? RONNIE WACKER: Ronnie Wacker. I first wanted to say, that if this is okay, that we don't have to put in an application to a position on an appointed board, then I shouldn't have bothered last Thursday. I've been thinking for several weeks, that I would, like to serve on the Conservation Advisory Council, and I think that I have the qualifications for it~ and someone said, well, you know if you want to do that, you're late, baby, because today is the last day. I thought, oh gosh, I'd better do something about it, so I wrote out a note~ and I faxed in ~to Judy- I said that I know this is the last day~ I do want to be considered. I'll get a resume in the next day, so what ever I had the next day I put aside, and I got that resume in. I should not have bothered. I should have called up one of you guys, and you would have been happy to consider me, I'm sure. SUPERVISOR HARRIS: Anybody else at this time? (No response.) I'll entertain a motion to adjourn. Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:15 Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. T y ~'/ Southold Town Clerk