HomeMy WebLinkAboutTB-02/23/199540O
SOUTHOLD TOWN BOARD
FEBRUARY 23, 1995
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Counci!woman
Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith Terry, Town Attorney Laury L. Dowd.
9:10 A.M. - The Town Board met with Planning Board Chairman Richard Ward,
members Kenneth Edwards and Bennett Orlowski, Jr., and Senior Planner Valerie
Scopaz to discuss the priorities for action in 1995 on the Stewardship Task Force
recommendations. Mr. Ward reviewed a timetable of the Task Force recommendations
showing the items which have been completed, those that are on-going, those in the
planning stage, and code revisions.----The next item for discussion was a need for
a Route 48 corridor zoning review. The Planning and Zoning Committee toured
Route 48 as a group on February 22nd, and it was the concensus of opinion by the
Town Board that a review is valuable.----Discussion was held on the proposed
Law in Relation to Architectural Review", and minor revisions made to same. The
Piannin9 Board will take one ~ast look at the proposed l,aw and submit a
recommendation to the Town Board.----Site Plan Review: The Plannin9 Board has
requested an amendment to the Site Plan Review section of the Zoning Code that
would return to the Planning Board the authority to determine whether sit~ plan
approval is required. (Also present during this discussion - Thomas Fisher, Senior
Buildin9 inspector.) Currently the Buildin9 Department issues a Certificate of
Determination if requested by the applican~t. Supervisor Wickham said he would
like to see a proposed legislative change in this regard for the Board's
consideration.----Finally, a proposed "Local Law in Relation to Lot Creation and
,~'1erger" was reviewed, and resolutions {28 and 29) placed on the agendai for a
SEQRA determination and referral to the Town and County Plannin9 Departments.
11:00 A.M. - A hearin9 was held on the unsafe buildin9 of Lottie Ambroski,! Route
25, Peconic (see resolution 30 for the decision).
~1:35 A.M. - Nell Cichanowicz appeared before the Town Board to respond to
questions concernin9 the traffic impact study on the Cichanowicz chang~ zone
petition for a proposed brew pub restaurant at Route 25, Cutchogue. Councilwoman
Oiiva suggested a conditional negative declaration based on mitigation of certain items
at the site plan stage. Mr. Cichanowicz stated that the Department of
Transportation review will most likely answer some of the questions, and wou!ld like
to wait for that response. Board agreed.
1!:~5 A.M. - Councilman Townsend brought the Town Board up to date on the
progress of the Youth Support Committee - Southold Safe Rides Program, a proposal
for a Southold Activities Association, Teen Night. (Attendin9 and participatin9 in
this discussion - Jean Cochran, Joan Ferris, James McMahon, Diane Radigan.)
Councilman Townsend reviewed a letter he wrote to Supervisor Wickham concernin9
youth services. He would like the Town to sponsor a meetin9withcertainindivlduals:
Town, school, Hugs, Family Service League, counselin9 service active in Southold
Town experienced in youth problems. The agenda would include an assessment
review of problems, an allocation of responsibility to the appropriate existing
organization, and a discussion of the best ways to coordinate a proper response from
the schools and town. Councilman Townsend will begin to pull such a meetin9
together. ----Supervisor Wickham informed the Town Board that the YMCA is
interested in coming to Southold Town, but wants the Town to provide the land.
Supervisor Wickham would like to lease them two acres of land on the southeast side
of Tasker Park on Peconic Lane, Peconic, and ultimately, through a management
contract, have the YMCA operate a complete recreational facility for the Town. The
proposal will be discussed at a subsequent meeting once Supervisor Wickham has met
with YMCA representatives.
l:lO P.M. - Recess for lunch.
2:40 P.M. Work Session resumed and Town Attorney Dowd reviewed with theTown
Board the technical specifications for the Fishers Island Metal Dump remediation.
A portion of the specifications calls for a "contractor's site superintendent" to do
certain tasks, include having successfully completed an OSHA-approved 40 hour
Hazardous Material and Waste Handling Program within the last year. Justice Evans
wiII speak to Superintendent of Highways Jacobs about the possibility of Howard
Hancock, Highway Department Labor Crew Leader on Fishers Island, filling the
position.----Town Attorney Dowd ask for Town Board input on obtaining a loan from
the NYS Environmental Facilities Corporation for both the Fishers Island Metal Dump
and the Cutchocjue Landfill. Town Board agreed the Town should apply i~or
$300,000. Personnel--- Town Board agreed to increase the per hour salary of Fishers
Island Senior Citizen Aide to $9.62 per hour (resolution no. 32); denied a request
from Joel Lauber, Corey Creek Vineyards, for the full refund of a Board of Appeals
filing fee; authorized payment of a voucher for Regina Moran's services as a matron
[resolution no. 31); Board agreed to charge interest at a rate of one and one-half
percent per month after a thirty day grace period on outstanding accounts payable
(resolution no. 33); agreed to designate Solid Waste Coordinator James Bunchuck
as the Town's Hazardous Communication Coordinator, and adopted a Hazard
Communication Policy (resolution no. 34); reviewed list of employees/officials who
should file an annual disclosure statement under the Code of Ethics.
3:20 P.M. Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
EXECUTIVE SESSION
3:30 P.M. On motion of Justice Evans, seconded by Councilman Townsend, it was
Resolved that the Town Board enter into Executive Session to discuss negotiations
for purchase of property, and personnel. Vote of the Board: Ayes: Supervisor
Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend,
Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town
Attorney Dowd.
3:58 P.M. Town Board met with Board of Assessors Chairman Scott A. Russell to
discuss his application to be a member of the Committee on Local Taxes. (Although
this discussion was scheduled for Executive Session, Mr. Russell did not feel it was
a subject for the session, and waived his right to Executive Session. Mr. Russell
inquired why he was passed over for the committee, whereas he was the only
remaining applicant. He said member Wallace McGahan recommended he apply and
felt he would be an asset to the committee. Supervisor Wickham 'said he thought
there might be a conflict, as the committee might be studying a reduction from three
to one Assessor. Mr. Russell said he did not consider this a problem. He could
step aside during such discussions. Supervisor Wickham also said Mr. Russell is
welcome to attend the meetings of the committee, and welcomes his continued assist-
ance to the committee with the resources from the Assessors office.
EXECUTIVE SESSION - 4:15 P.M.
On motion of Councilman Townsend, seconded by Councilwoman Oliva, it was
Resolved that the Town Board resume Executive Session. Vote of the Board: Ayes:
Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman
Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry,
Town Attorney Dowd.---The Board discussed personnel matters.
4:30 P.M. - Work session adjourned.
4O2
REGULAR MEETING
The Regular Meetin~l of the Southold Town Board was held on February
23, 1995 ,at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 4:30 P.M., with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Ollva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Many of you may have known a Town employee by
the name of Jonathan Wells, who died last week at the age of thirty-seven.
He left a family, and many fond memories of people who knew him. A very
effective person, both in his former jobs, before he came to the town. I'd
just like to have a moment of silence for Jonathan Wells.
COUNCILMAN TOWNSEND: We lost another employee, that i knew for
many years, who worked here for twenty years, Joan Richter this week,
also.
TOWN CLERK TERRY: She was the only accountant at one time for many,
many years. I represented the Town at her funeral.
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $15u,,889.83; General Fund Part
Town bil s in the amount of $9,668.76; Highway Fund Whole Town bills' in
the amount of $8,537.76; Highway Fund Part Town bills in the amount, of
$26,746.76; Employee Health Benefit Plan bills in the amount of $25,632.~5;
Fishers Island Ferry District bills in the amount of $9,018.69; Refuse &
Garbage District bills in the amount of $59,4~.65; Southold Wastewater
District bills in the amount of $16,253.67; Fishers Island Sewer District
bills in the amount of $89.00; Southold Agency & Trust bills in the amount
of $5,521.51; Fishers Island Ferry District Agency & Trust bills in the
amount of $718.56.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman LizewSki,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the February 7, 1995, Town Board meetin~l
be and hereby approved.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the next re~lular meeting of the Southold Town Board will
be held at 7:30 P.M.~ Tuesday, March 7~ 1995, at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
FEBRUARY 23, 1995
403
I, REPORTS.
1995.
1. Southold Justice Evans' Monthly Court Report for January, 1995.
2. Southold Town Recreation Department Monthly Report for January,
3. Southold Animal Shelter Monthly Report for January, 1995.
4. SoUthold Town Planning Office Monthly Report for January, 1995.
5. Southold Town Police Department Monthly Report for January, 1995.
II. PUBLIC NOTICES.
1. Army Corp of Engineers, New York District, application of William
Pymm to reconstruct and construct timber groins in James Creek,
Mattltuck, New York. Comments to be received by March 10, 1995.
2. Army Corp of Engineers, New York District, public notice
announcing a proposal by the U.S. Army Corps of Engineers to reissue
Regional General Permits to authorize the construction of certain
non-commercial mooring structures in navigable waters with the boundaries
of Nassau and Suffolk Counties, New York.
III. COMMUNICATIONS. None,
IV. PUBLIC HEARINGS.
1. 5:00 P.M., on a proposed "Local Law in Relation to Nonresident
Beach Permits".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have before us today a number of resolutions.
We had a public hearing this morning, dealing with an unsafe building. This
morning, and this afternoon, the Board took up a number of different issues
for discussion purposes, as part of preparing our agenda. I'd like to just
very briefly comment on a few of them to outline what we did, but not those
that are on our agenda for resolutions. First of all, we had a visit from
our Planning Board to help the Town Board and the Planning Board
coordinate our approaches to Planning in the Town, so the two Boards don't
go off in different directions, and they outlined ~their suggestions, and
sort of a snap shot picture of where we stand in regard to the Stewardship
Task Force recommendations. We then looked at what we're calling a Route
48 corridor plan. Yesterday at 4:00 o'clock most of the Town Board, and
some members of the Planning Board, actually drove along Route 48 from one
end to the other within Southold Town to have a look at the appropriateness
of zoning along Route 48 in order to retain the qualities, that we think are
important in the Town, to keep also a smooth flow of traffic, and to
consider a possible review of some of the zones along Route 48. We
discussed that today. We didn't take any action on it. We, also, did
several other things with the Planning Board, including a discussion about a
question about, merging of lot, and a discussion about where site plan review
should reside, in regard to two different offices of Town government, in the
Building Department, and the Planning Board. None of these th~ngs we
came to a final resolution with today. After that the Board moved to a
discussion about a number of youth issues. You may recall last year we
spent quite a bit of time on questions of what is the Town's responsibility,
and how should it be articulated in respect to youth. So, today, we talked
at some length about the Youth Action Committee, that Joe Townsend
chairs. We talked about additional things, that the Town should do, and
the approach we should take in dealing with it, probably in association with
the schools, and ultimately and finally, we discussed the pros and cons of a
possible Y.M.C.A. in Southold Town. This afternoon there were a lot of
other smaller issues, most of which are on resolutions this afternoon. As
you know a lot of the items, that we discussed, and take up for discussion
during the day on a Work Session, if we can come to an agreement, we often
put them on into our agenda of resolutions to be taken up, and some of
them are tacked on the end of our list of resolutions on the agenda this
afternoon. We!re now at the stage of the agenda to take up the resolutions,
that are before us. People in the audience are invited to address the Board
on any matter that is listed among these agenda items to be taken up in our
resolutions. Five minutes, if anyone would like to address the Board on any
resolutions before us.
FRANK CARLIN: Frank Carlin, Laurel, Good afternoon. Item one, Tom,
and that involves item 24 about hospital benefits. Why these days? What
happened there? Why was it sent in after 90 days? What happened there?
SUPERVISOR WICKHAM: I really don't know why it was delayed.
TOWN CLERK TERRY: May I say something? The physician or the hospital
failed to submit it to our medical insurance carrier in time. They took
more than 90 days, not the individuals, not the employees.
FRANK CARLIN: Okay. That sounds better than the one t had on my
claim the other day. They sent mine in to some doctor in New York. But
anyway, item #4, I seen this show up a lot on resolutions on expended
budgets. What do you mean by that, when you say modification, budget
modification, to 1994 General Fund Whole Town to cover over expended
budget. What do you mean by that?
SUPERVISOR WICKHAM: At the end of the year we have to do a complete
reconciliation of all our accounts, and the Accountant is going through them
one by one, sorting them all out, being sure that no Budget line was
overexpended. If it was overexpended we have to bring monies in against
that line to finance those lines. There are some Budget modifications, when
the year is over, to balance out all those. We're not appropriating '95
monies against the '94 budget. We are moving around '94's money from one
account to another in order that everything is in balance at the end of the
year. But, it's all '94's money.
FRANK CARLIN: Where do you get that money from '94's budget?
SUPERVISOR WICKHAM: There was a small surplus. There will be a small
surplus in one line of the budget. There will be a small deficit in another
line of the budget, so we bring it from that surplus line to the deficit
line, so that they are all balanced.
FRANK CARLIN: On this item 22, Kaplan Grant to cover expenditures,
what do you mean by that now? What money are you using there? What are
you doing?
SUPERVISOR WICKHAM: Number 22 refers to the Kaplan Grant of about
$25,000, that came to the Town a couple of years ago. There is still $2,000
left in that grant. It's treated as, it's not a tax, it's treated as a gift
or a donation. We are now bringing it in to the Budget, and putting it
against some lines, that can be spent, or we haven't spent it yet.
FRANK CARLIN: But it's part of the $25,000?
SUPERVISOR WICKHAM: Which we got a couple of years ago.
FRANK CARLIN: You're not taking any taxpayers/ money to put into the
Task Force?
SUPERVISOR WICKHAM: Correct. We're not.
FRANK CARLIN: That's what i'm watching. One more, item 2~ how about
this typewriter? What are you saying? From April to March, what are you
saying, that you're using a typewriter in between that time? What are you
saying there? I don't understand what you're trying to say there.
TOWN CLERK TERRY: It's the loan of a typewriter from the Suffolk County
Office to the Aging to the Human Resource Center, and the agreement is,
April 1, '94 through March of '95. The Town isn't paying anything. That's
the value of it.
FRANK CARLIN: $220.00?
TOWN CLERK TERRY: That's the value of the typewriter. We're not paying
anything. We're just executing-an agreement. We have to do it for that
typewriter to be used.
FRANK CARLIN: No money involved?
TOWN CLERK TERRY: No money involved.
FRANK CARLIN: You can go out and bought yourself a new for that.
TOWN CLERK TERRY: You couldn't get one for $220.
FRANK CARLIN: I have a Smith-Corona home with a fifty thousand word
memory. You can buy them now for about $250.00.
SUPERVISOR WICKHAM: Would anyone else like to address the Board on
any of the resolutions before us this afternoon? ( No response.) If not,
· we're ready to start.
7.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Lawrence Healthcare Administrative Services, inc. to pay the
medical claims of retiree Frank Arnold, and employees Barbara Cibaldi and
Denise A. Ross, which claims were submitted by the physicians more than 90
days after service was rendered.
1 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
Suffolk County Office of the Aging and the Town of Southold, for the period
of April 1, 1994 through March 31, 1995, at a total cost of $220.00, for
typewriter for the programs for elderly; said agreement all in accordance
with the approval of the Town Attorney.
2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was 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
the following modification to the General Fund Part Town 1995 Budget to
cover maintenance agreements for typewriter and dictaphone machine in the
office of the Board of Appeals:
To:
B.8010.4.400.600 Equipment Maintenance/Contract Services $ 172.[~5
From:
B.8010.4.600,200 Meetings and Seminars $ 172.45
3.- Vote of the ToWn Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham,
This resolution was duly ADOPTED.
4.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following modification to 1994 General Fund Whole Town Budget to cover
overexpended budgets:
Traffic Control, Contractual Expenses
Recreation, Contractual Expenses
To:
A3310.4
A7020.4
From:
A9040.8
4.- Vote of the
Workers Compensation, Benefits
Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 500.00
100.00
$ 600.00
Councilwoman Oliva,
Councilman Lizewski,
5.- Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 budget modification to the Consolidated Highway
improvement Project (CHIPS) fund to appropriate interest:
Revenues:
DB1.2401 Interest & Earnings $ 400.00
Appropriations:
DB1.5112.2 Consolidated Highway lmpr. Proj.' $ !;00.00
5.- Vote of the Town Board: Ayes: Justice Evans~ Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the Employee Health Benefit Plan
to cover overexpended line item:
To:
MS191.u~ Insurance, Contractual Expense $ 300.00
From:
MS9060.8 Hospital & Medical Benefits $ 300.00
t~.- Vote of the Town Board: Ayes.: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This 'resolution was duly ADOPTED.
7.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
a refund of $535.00 to Donald and Ann Webster, which amount reflects an
amended building permit fee from $1,565.60 to $1,030.60.
7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly. ADOPTED.
'SUPERVISOR WICKHAM: Resolution #8, on December 27, 199u, the Town
Board adopted a resolution proposing the acquisition to Suffolk County in a
given order priority of several parcels, that would help protect our
drinking water. We adopted that last year in December. The Suffolk County
responded with a request that we do it again using different language, a
much more verbose, a much lengthier form. It's got several pages here. I'm
not going to go into it, because it says basically the same thing we said
before, and there's a resolution at the end. It's Resolution #8 of the Town
Board of the Town of Southold recommending the acquisition of land, and
pledging use of funds received under the Suffolk County Drinking Water
Protection Program, and at the end there are one, two, three, four pieces
of property between 6 and 32 acres each, all along the Special Groundwater
Protection Area, most of it in the Cutchogue, Peconic area. I move this
resolution.
8.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
RESOLUTION NO. 8 OF FEBRUARY 23, 1995 OF THE TOWN BOARD OF
THE TOWN OF SOUTHOLD, RECOMMENDING ACQUISITION OF LAND
AND PLEDGING .USE OF~FUNDS RECEIVED UNDER THE SUFFOLK
COUNTY DRINKING WATER PROTECTION PROGRAM.
WHEREAS~. under the Suffolk County Drinking Water Protection Program established
by Article XII of the Suffolk County Charter, a portion of the funds acquired
through the Quarter Percent (1/4%) Sales Tax Program is to be' allocated to an
Environmenta Trust Fund; and
WHEREAS, a portion of the money within the Environmental Trust Fund is to be
allocated through revenue sharing to towns within Suffolk County, pursuant to a
formula within S.C. Charter §C1'2-5(D); and
WHEREAS, pursuant to S.C. Charter §C12-5(D), if lands exist in a town which fit
the cri;teria for the Suffolk County Pine Barrens Preserve or Suffolk County Water
Protection Preserve, as defined in S.C. Charter §C12-2, the towns' revenue-sharing
allocation under the program must be used for acquisitions of such lands; and
_ WHEREAS, such acquisitions must be made by the County of Suffo k. upon
recommendation of the Town, in accordance with Suffolk County Charter §C12-5(A)
and (D); and
FEBRUARY 23, 19954
07
WHEREAS, the town Board of Southold strongly supports acquisition and
preservation of the parcels listed in Exhibit "A", because these lands fit the criteria
in Suffolk County Charter §C12-2 for inclusion in the program; and
WHEREAS, under the State Environmental Quality Review Act, Environmental
Conservation Law Article 8 (hereinafter "SEQRA"), environmental review for the
Suffolk County Drinking Water Protection Program was previously completed by
Suffolk County Local Law Nos. 40-1987 and 35-1988; and
WHEREAS, the Drinking Water Protection Program was classified as a Type I action
and negative declarations were issued by both of the above local laws; now,
therefore, be it
RESOLVED, that the Town Board of the Town of Southold does formally convey its
recommendation to County officials for acquisition of any of the parcels listed on
Exhibit "A", pursuant to Suffolk County Charter Article 12; and be further
RESOLVED,. tha;c the Town of Southold does hereby pledge to use any revenue
sharing funds received or credited as aforesaid pursuant to the Suffolk County
Charter Article 12 Drinking Water Protection Program for acquisition of any of the
parcels listed in E)~hibit "A", subject to the conditions that Suffolk County will take
full title to the subject parcels and will preserve the subject properties in a manner
consistent with the provisions of the Water Protection Pr?gra?; and be it ,(~rther~
RESOLVED, that the Town Clerk is hereby directed to forward copies of this
resolution to the following officials and agencies:
Suffolk County Executive
All Suffolk. County Legislators
Suffolk County Planning Department
Suffolk County Division of Real Estate
Environmental Trust Fund Review Board
Office of Legislative Budget Review
and be it further
RESOLVED, that this Town Board, being the lead agency for purposes of this
resolution only, hereby finds and determines that adoption of this resolution 'is a
Type 11 action, because it constitutes implementation of an action which has
previously been reviewed under SEQRA and, therefore, is routine and continuing
agency administration and management, not including new programs or major
reordering Of priorities; .see 6 N.Y~C.R.-'R'. §617.13 (d)(15) and (21), as a Type
11 action~ the Legislature has no further responsibilities under SEQRA; and be it
further
RESOLVED, that this resolution shall become effective immediately.
DATED: February 23, 1995.
EXHIBIT A
TOWN OF SOUTHOLD
SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM
SITE
1000-101-01-008.001
REPUTED OWNER
William Wickham
ACREAGE
32.2 (1)
COMMENTS
Order of
prioritiza
-tion for
acquisi-
tion in
descending
order.
1000-101-02-007
Elliot Drake Evans, 6.0 (2}
et al
1000-101-02-p/o-006 William Wickham
16.7 (2)
!000-74-02~015
Franklin Overton Rich 7.0 (3)
1000-085-01-004 Philip G. Horton .12.6 (4)
- Assoc.
8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the American Lung Association of Nassau-Suffolk to use the
following Town Roads for their ninth annual Bike Trek on Sunday, May 21,
1995, provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
additional insured: Chapel Lane, Youngs Avenue, Oaklawn Avenue, Pine
Neck Road, North Bayview Road, Paradise Point Road, Cedar Beach Road,
Main Bayview Road, Baywater Road, South Harbor Road, Indian Neck
Lane, Leslie Road, Skunk Lane, Eugene's Road, New Suffolk Road, Fifth
Street, Jackson Street, New Suffolk Avenue, Bay Avenue, Peconic Bay
Boulevard.
9o.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Recreation Supervisor Kenneth Reeves to attend the 55th
Annual New York State Recreation and Park Society Conference to be held
from April 23-16, 1995, at Hauppauge, New York, and the necessary
axpenses for meals, lodging, registration, and transportation shall be a
legal charge to A7020.L~.600.200, Recreation Administration, meetings and
seminars.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewsk',
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
resolution no. 27, adopted on February 7, 1995, appointing Robin L.
MacMurdo as a part-time Account Clerk at the Human Resource Center,
whereas Ms. MacMurdo declined the position.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewsk[,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, Golden View Estates, Inc. has made application to the Town
Board of the Town of Southold to dedicate certain roads in Laurel, New
York, to be known as WHITE EAGLE DRIVE, CONDOR COURT, EAGLE NEST
COURT, WOODSiDE LANE, RAILROAD DRIVE and "DRAINAGE AREAS",
as shown on a subdivision map entitled, "Map of Golden View Estates", filed
in the Suffolk County Clerk's Office on August 30, 198L~ as Map Number
7770; and
WHEREAS, the Southold Town Superintendent of Highways has inspected the
highways and has advised the Town Board that 'the proposed highways
comply in all respects with the specifications for the dedication of
highways in the Town of Southold; now, therefore, be it
FEBRUARY 23, 1995
409
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of New York, consent be and the same is given to the Superintendent
of Highways to make an order laying out the aforesaid highways, to consist
of lands described in said application as shown on certain maps attached to
said application; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to forthwith cause the dedication, release and deed to be
recorded in the office of the Clerk of the County of Suffolk, New York.
12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
13.-Moved by Councilman Lizewski, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Thomas S. Nielsen provisionally as a part-time Home Health Aide to drive
for the Senior Adult Day Care Program, effective immediately, 7-1/2 hours
per week, $6.00 per hour.
13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
14.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute agreements between
Northeast Document Conservation Center, Andover, Massachusetts, and the
Town of Southold, for microfilming six (6) volumes of historical Town
records, at a cost of $1,816.00, to be paid through the Town Clerk's Local
Government Records Management Improvement Fund grant.
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15.- Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 1995 Budget as follows to cover overexpended
budgets:
To:
A1010.~.500.400
From:
A1990.~,.000.00
15.- Vote of the Town
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
Town Board, Medical Consultant
$ 2,235.00
Contingent, Contractual Expense $ 2,235.00
Board: Ayes: Justice Evans, Councilwoman Oliva,
Hussie, Councilman Lizewski,
16.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole town 1995 Budget as follows to cover overexpended
budgets:
To:
A1910.4.300.100 Insurance, Public Officials $ ~,32k~.00
A1910.u,.300.300 Insurance, Surety 13ond 190.00
From:
A1910.4.300.100 Insurance, Commerclal Budget $ ~,514.00
16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
17.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following budget modification to the General Fund Whole Town 1995
Budget to cover the invoice issued by Moore Business Equipment for
maintenance on both machines, which are used to separate
computer-generated forms:
From:
A1680.4.100.150 Computer Paper $ 29.54
To:
A1680.4.400.354 Decollator/Detachment Maintenance $ 29.54
17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: We're having a lot of these budget modifications
today, some of them for very small amounts. This one was $29.00 and some
cents. The reason for that is, that we have a new computer program, that
is giving us much greater detail in our Budgets. Now we can track down to
very individual items, what we're spending money on. It's a much better
way to control budgets. Unfortunately, the computer also finds whenever
anyone of those budget lines has been exceeded, and so we have to fill it
up. So, the need for a budget modification has increased tremendously with
this additional level of detail, and we're going to have to talk to the
computer, and see if there's a way that we can get that degree of control
without having to be bothered with all this modification. Maybe we won't
have quite so much of this in the future.
Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, Shorecrest at Arshamomaque Association, Inc. has made
application to the Town Board of the Town of Southold to dedicate certain
roads in Southold, New York, known as Bayberry Lane, Wild Cherry Way,
Stony Shore Drive and "Drainage Easement", designated on a certain map
entitled, "Map of Shorecrest at Arshamomaque", filed in the Office of the
Clerk of the County of Suffolk on April 6, 1971 as Map Number 5584; and
WHEREAS, the Southold Town Superintendent of Highways has inspected said
highways and has advised the Town Board that he determines and orders
that said highways shall be laid out in the Town; now, therefore, be it
RESOLVED that in accordance with Section t71 of the Highway Law of the
State of New York, consent be and the same is given to the Superintendent
of Highways to make an order laying out the aforesaid highways, to consist
of lands described in said application as shown on certain maps attached to
said application; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby's authorized
and directed to forthwith cause the dedication, release and deed to be
recorded in the Office of the Clerk of the County of Suffolk, New York.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following modification to the General Fund Whole town 1995 13udget to
cover the creation of a new budget line:
To:
A7020.4.400.600 Recreation Administration $ 60.00
(Typewriter Maintenance)
From
A7020.4.500.420
Recreation Administration
(Youth Program Instructors)
19.- Vote of the Town ' Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 60.00
Councilwoman Ollva,
Councilman Lizewski,
FEBRUARY 23, 1995
411
20.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 1990, Budget as follows to cover overexpended
budgets:
To:
A3310.0,
A5182.0,
F rom:
A900,0.8
Traffic Control, Contractual Expenses
Street Lighting, Contractual Expenses
Workers Compensation, Benefits
20.- Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 30O.00
300.00
$ 600.00
Councilwoman Oiiva,
Councilman Lizewskl,
21.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1990, Budget modification to the Highway Fund Whole Town to
cover overdrawn appropriations: To:
DA.5130.4 Machinery, Contractual Expenses
From:
DA.5130.2 Machinery, Equipment
2~.-Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, . Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 0,00.00
$ 0,00.00
Councilwoman Oliva,
Hussie, ' Councilman Lizewski,
SUPERVISOR WICKHAM: We are moving into a recess for a public hearing
that should have been listed on the agenda, but wasn't.
TOWN CLERK TERRY: It was published in the paper.
SUPERVISOR WICKHAM: It's been published in the paper. It's supposed to
be at 5:00 o'clock this afternoon.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
RECONVENED at 5:05 P.M.
22 .-Moved by Councilwoman Ollva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 1990, Budget as follows to appropriate the Kaplan
Grant as follows to cover expenditures by the Stewardship Task Force
($960.59) and Transportation Committee ($0,61.08):
Revenues:
A2705 Gifts & Donations
Appropriations:
A1010.0, Town Board, contractual Expenses
22.- Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 1,0,21.67
$ 1,0,21.67
Councilwoman Oliva,
Councilman Lizewski,
Moved by Justice Evans, seconded by Councilwoman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to advertise for bids for drydocking the MV RACE POINT and
accomplishing of work thereon in accordance with the bid specifications.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Lawrence Healthcare Administrative Services, Inc. to pay the
medical claim of Eastern Long Island Hospitai for Elizabeth King, which
claim was submitted by the hospital more than 90 days after service was
rendered.
2q.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
25.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was ,
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following 1995 Budget modification to the Central Data Processing
Contractual Budget:
To;
A.1680.~.400.557 Court System Maintenance $ 160.00
From:
A.1680.4.~00.355 Personal Computer Maintenance $ 160.00
25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Hussie, seconded by Councilman Lizewskl, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Paul Clancy as a part-time Account Clerk at the Human Resource Center,
effective immediately, 17-1/2 hours per week, at a salary of $8.40 per hour.
26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
27.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
County of Suffolk, acting through its duly constituted Office of the County
Executive/STOP-DWI Program, and the Town of Southold, for the
STOP-DWI funding for enforcement activities by the Southold Town Police
personnel, effective January 1, 1995 through December 31, 1995, at a to~tal
contract amount of $12,100.00; alt in accordance with the approval of the
Town Attorney.
27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otlva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
28.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter ~,~, of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an Uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lot
Creation and Merger", which amends Chapter 100 (Zoning) of the Code of
the Town of Southold. The proposal has been determined not to have a
significant effect on the environment because an Environmental Assessment
Form has been submitted and reviewed and the Town Board has concluded
that no significant adverse effect to the environment is likely to occur
should the proposal be implemented as planned.
28 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
29.-Moved by Justice Evans, seconded by Councilman Townsend,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 23rd day of February, 1995, a Local Law entitled, "A
Local Law in Relation to Lot Creation and Merger"; now, therefore, be it
FEBRUARY 23, 1995
413
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this proposed Local Law to the Southold Town Planning
Board and the Suffolk County Department of Planning, all in accordance with
the Southold Town Code and the Suffolk County Charter, This Local Law
reads as follows:
A Local Law in Relation to Lot Creation and Merqer
BE IT ENACTED, ~y the Town Board of the Town of Southold'as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
t. Section 100-24 (Lot Creation) is hereby adopted to read as follows:
A lot created by deed or town approval shall be deemed to be le.qally
created if any one of the followin.q Standards apply and if the lots haw;
not merqed:
The identical lot was created by deed recorded in the Suffolk
County Clerk's Office on or before June 30, 1983 and the lot
conforms to the foilowin.q minimum lot area requirement(s) when
created:
(a) Prior to April 9, 1957; any size
(b) Between April 9, 1957 and December 1, 1971i 20,000 sq. ft.
(c) Between December 1, 1971 and June 30, 1983;
A Residential Zone:
M Lieht Multiple Residence:.
M-1 Multiple Residence Zone:
C Light Industrial Zone:
C-1 Heavy Industrial Zone:
40,000 sq.f.
40,000 sq. fi.
80,000 sq. ff.
40,000 sq. ft.
200,000 sq. fi.
The lot in question was approved by the Southold Town Plan~lnq
Board. ' . . -
3__l The lot(s) in question is/are shown on a map approved by tho
Southold Town Board prior to 1983.
4) The lot(s) in question is/are approved and/or recoqnized by formal
action of the Board of Appeals_p~pr to 1983.
All tots which were not leqally created pursuant to the above section
shall not receive any buildincl permits:
C._., ,All lots shall be subiect to the mer,qer pr_o. visions of 100-25.
Section 100~25 (Merger) is hereby adopted to read as follows:
A_~ Mercier. Nonconformin,q parcels of property sha I be mer.qed if the;/
Inave a{ a-ny' time been I~eld in common ownership with ar~other pamel
which abuts for a common course of 50 feet or more in distance. Tho`
zonin.q bulk schedule requirements for the combined (larqer) area shall
_a. pply. ,
_Definitions. Common ownership shall mean that the parcel is held b~
the same person in the same percentaqe of ownership as an adioinin~l
parcel. ' .
Exceptions. Leqally-created lots which meet any of the followinq cate-
,qories shall be exempt form the Merger provision set forth above and
shall not be deemed mer.qed by operation of this law:
i_~ The nonconforminq lot has a minimum size of 40,000 squace feet.
o_!r
The nonconforminq lot obtained a lot size variance from the
Zonin.q Board, or
The nonconforminq lot has been held in sinmle and separate
ownership from July 1983 to date.
Proof re Merger. The Town may require a person seekinq determin-
ation of merF!er to provide any or all of the followinq documentS for
evaluation:
1.~ Proof of the date when the lot was created and the size of the lot,
!o.qether with a copy of a lepal description of the parcel, all to th~.
satisfaction of the Town;
A copy of the current tax map and survey of the lot:
A copy of the oriainal survey of the loti
A title search showinq sinF!le and separate ownership of the prop
ert¥ from 1983 to the present time, prepared by a Suffolk County'
title insurance company indemnify`in.q the Town of So~Ithold with
insurance of $25,000;
Other additional information or documentation as may' be deemed
necessary.
Effect of Mer,qer. No buildin,q permit or other development entitlement
will be issued by the Town until this chapter has been complied With.
The Buildin,q Department will issue a written determination whether ;~
property falls within an exemption to the mer.qer provision.
Section 100-244 (Setbacks for Undersized Lots) is hereby amended to
read as follows:
This subsection is intended to provide minimum standards for granting
of a building permit for .le.qally created lots which are made noncon- '
forming and have not mer.qed pursuant to 100-25 er coadawed in a
~te~e of nonconformance by thc-adoption of thi~Artic_.qe-aad that were
singly-a~d separately owned-as of the cffoctive-da~e of thkMtrticle.
, ,once ........ mg lot s otc ,'ned not
.... adj ....... g a~, lot or
......................... ~, ...... effective date of thb-/b--dde -~,,~ not
q ..... to ~ch x~ ..... be ~, a ..... ~n~ructuro m~ bo~
............... al! tho ot~ppli~
pro~ .....~ ~h ~ cha~,~r, n .... i~ fh~i ....¢ of such
hin ;¢~, ,k~ tfa~ in the form of a~ct of ~;"~ ,'
~g~ of tit~ to sailor; ~ich a~ll be in tho~a~rm,
~d ~n attorn~ com~gula~ohg
work in Suffol~~r by a ~rpor~ion ~~ed~o oxamiae
FEBRUARY 23, 1995
415
Area
(sq. ft.)
I00,000 to
119.00q
80.000to
99,999
40,000lo
79,999
20,000to
3~9999
Lessthan
20,000
c~rtificadon that no-contiguous.propoFtS,~,,~a owned by--afl-owaer-of the
propeP~inveh, ed-s~~ of-a~, previously-app!i6ab!e-Zoning
L-a~. Such lot shall be ~ r~dief-for front side-a~td rear ya~ dimefi-
6ion,~:nc~e~,~s £equired to meet the following:
Ya rd
Lot Front Side Both Sides Rear
Coverage Width Dept~ (ft.) (ft.) (feet) (feet)
10%
I5%
20%
7~5 3_0 6~0 8~5
6~0 3~0 6~0 8 5
6_~0 2~0 4~5 75
20%
~48 40 15 35 50
' 20% - 80 4OG '-35 ' 15-
25 35
in tho ease of single-and separa~,,por~ of a nonconforming lot
located in a-S~db~IN4sien plaMapproved-aftor April 9, 1957, by the
Planning Board of the .Tov,,n of--gouthc!d aad filed ',dth thc County
Cle~ of Suff~t¥, relief fo~:d~ fron ,E-side and rear-yard a~EParea
~timo~ll bo~raated to t~t thaPsuch front, sieie-afld roa~
yar~-aad aFea dimefieioF~s-we~e roq~Ered-abfhe time the map-w~s
originally filed with the-Counfy-GleFk of-akffl:ofk County. If a cluster map
was approved by the Planninq Board of the Town of Southotd and filed
with the County Clerk of Suffolk County after April 9, 1957 and shows
front, side, and rear yard dimensions, those dimensions shall control
over the ones set forth above.
3. Section 100-12 (Exceptions) is hereby deleted in its entirety.
Al! of the lots on the fe!lowiag-subdid-sicn maps-sha!! be-exceed from the
tot ama an,,d lot width requircmen~ of this chapter, and the let aroa.~-and
tot widths-applicable to said !ots~skalld~e as~ho~nd d~ign~ed cn
~ubdivision ma~rcc~,cre~~; ~r!on ~nor; CIo~ Poi~b
~ction II; Fordha~Se~on I; Fordham Acr~, S~on 11; S~g
Hom~; Ea~rn ~~~4on [; E~e~o~, S~on ll;~stem
~oros~ction !11; Ea-~rn Skcros~on I~stern
~o ut~ hore~u~ho~~C ov~~i~t; D~
P~; ~g~o~fl. T~g~e~Will~~
goundcrost Wood~a~ia~y Estatc~ction II1; Han~'cst H~
~on !; B~~ed~t~ill~ Point; Harbor Ligb~t~
Section !; Ter~~; B~n; Coroy C~k Es~~
~; No~hv~od~ Bluff; Ja~ons Landing; Benn~ Pon~
Ro~ood Estate; Suns~o!Is~tion !!; Smithfield
Point; ~'k~, ,~, ~, ~,~,~ ~k*~,,~ Es~~on Ill; Hig~od; Nunn~~ater~
Ye~ecott P~i Dawa~,; So~or He~; P~~er~
~ O~; La~l C~ntry E~; Ori~..t~ection II; ~v~
P~int,
This Local Law shall take effect upon filing with the Secretary of
II
State,
* Underline represents additions,
** Strikethrough represents deletions.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I'd just like to comment briefly, that this law has
been prepared by the Building Department, and the Zoning Board, and the
Planning Board, in the Town of Southold. Councilwoman Ollva has kind of
chaired a working group to get a consensus from those offices of the
government, that would help..and Laury Dowd our Town Attorney, to put
together a consistent system for dealing with the problem of merged Iot~,
and the creation of new lots, and we think we have a system that deserves
to be put into the Town Code. :
Moved by Councilwoman Hussie, seconded by Supervisor Wickham,
WHEREAS, the Building inspector of the Town of Southold has made a formal
inspection of the premises owned by Lottie Ambroski and referred to as: Suffolk County
Tax Map designation: District 1000, Section 75, Block 03, Lot 01, and also known as
Main Road, Southold, New York, bounded on the East by J. Nierodzik property, on the
West by the F. Lappe property, on the Southold by the J. Nierodzik property, and on
the North by Main Road, and thereafter prepared a written report thereon and filed the
same in his office; and
WHEREAS, it was determined by the Building inspector that the building or structure
on said premises is dangerous or unsafe to the public; and
WHEREAS, the Building Inspector promptly thereafter served a notice on the owner,
their agent, or other persons having an interest in said property, pursuant to the
provisions of chapter 90 of the Southold Town Code; and
WHEREAS, said notice required that the owner of said premises vacate the premises
and either make the building on the premises safe and secure, or remove same, and
secure the perimeter of the property to prevent unauthorized persons from entering the
property, said work to commence within ten (10) days from the date of service of the
notice and shall be completed within thirty (30) days thereafter; and
WHEREAS, the owners of said premises has vacated the premises but has otherwise
been unable or unwilling to comply with the provisions of said notice within the time
specified therein; and
WHEREAS, a public hearing on said matter was held by this Board on the 23rd day of
February, 1995;
NOW,
1.
THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
That based upon the written report prepared by the Building Inspector and filed
in his office and upon the evidence given by the Building inspector at the
hearing held on February 23, 1995, this Board does hereby determine that the
buildings or structures located on said premises are unsafe or dangerous to the
public.
That the owner of the building has vacated the structure, but has advised the
Board that she is a senior on a limited income and is unable to afford to fence or
demolish the structure. That this Board does hereby determine and order that
snow fence be erected around the immediate area of the building, acceptable
and approved by the Building Inspector, within fifteen (15) days from this date.
FEBRUARY 23, 1995
417
That the Building Inspector, Community Development Director and Housing
Alliance are authorized and directed to prepare a demolition plan, procure
estimates for the removal of the buildings or structures on said premises or
fencing off said premises, and submit the same to this Board for its consideration
as soon thereafter as possible.
That thereafter this Board shall, based upon such plan and estimate, provide for
the letting of a contract for the fencing, taking down and removat of the buildings
or structures on said premises.
That the cost and expenses of the fencing and/or taking down and removal of
the buildings or structures on said premises shall be financed via a Community
Block grant loan which shall be repayable upon sale of the property.
It is further ordered that a certified copy of this resolution be sent by the Town
Clerk to the owner of said premises by registered mail, return receipt requested,
within three days of the date hereof.
30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otiva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
31 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the payment of $87.68 to Regina Moran for Matron services for the
Southold Town Police Department on February 5, 1995.
31 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ol~va,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
32.-Moved by Justice Evans, seconded by Councilwoman Ollva, it was
RESOLVED that the Town Board of the Town of Southold hereby increases
the compensation of Frank Gillan, Senior Citizen Aide for Fishers Island,
from $8.90 per hour to $9.62 per hour, 8 hours per week, effective
February 16, 1995.
32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
33.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie,
WHEREAS, it is in the best interests of the public for the Town of Southold
to create an incentive to pay moneys due to the Town; and
WHEREAS, the Town Board finds that it is the best interests of the general
public that outstanding accounts payable to the Town be charged interest if
the account is outstanding for a period longer than thirty (30) days; now,
therefore, be it
RESOLVED by the Town Board of the Town of Southold that accounts
payable to the Town of Southold shall be charged interest a rate of one and
one-half percent (1-1/2%) per month after a thirty (30) day grace period.
33.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
3'4.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold wishes to provide a safe
working environment for all employees; and
WHEREAS, all employees have a right to know about potentially hazardous
chemicals in the work place; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby designates
Solid Waste Coordinator James Bunchuck as the Town's Hazardous
Communication Coordinator; and be it
FURTHER RESOLVED that the Town Board hereby adopts
Hazard Communications Policy:
HAZARD COMMUNICATION POLICY
POLICY
the following
Town employees are Southold Town's most important asset; providing them
with a safe and healthy work environment is a primary Town responsibility.
It is the policy of the .Town Board of the Town of Southold thai every
employee is entitled to work in a safe and healthful environment.
When employees enter Town of Southold employment they have a right to
know th hazardous chemicals with which they work or to which they could
be exposed, and the measures they ear take to avoid injury or illness
when working with these chemicals. The Town provides information and
trai~_!~g in order to reduce the possibility of accidental exposure and to
comply with the OSHA Hazard Communication Standard.
PURPOSE
The Occupational Safety and Health Administration Hazard Communication
Standard (29 CFR 1910.1200) requires that all employers develop and
implement a "written hazard communication program". Southold Town's plan
(attactunent A) is designed to implement the OSHA Hazard Communication
Standard requirements.
OSHA's primary intent in issuing this standard is to ensure that employees
w~HJ receive as much information as needed concerning the hazards in their
workplace. This information will be presented to Southold Town employees
prior to starting work, when changffn~ jobs which change ~he hazardous
substances to which they are exposed, o~, when new hazards are
introduced into their work area.
The purpose of this plan is to ensure that:
AU employees are aware of our Hazard Communication Compliance Plan
and to ensure that it ~s available zo all emp!oyees~ theire designated
representkfives, and OSHA.
Ali hazardous chemicals used in the workplace are labeled and a 1/st
of chemicals is maintained.
Material Safety Data Sheets (MSDS) are available for alt hazardous
chemicals.
· Employees receive information and training so that they are informed
of the requirements of the standards and trained about hazards in their
workplace.
All persons involved in non-routine work tasks are informed of the
hazards of such tasks.
Contractors and their employees are informed of hazards before
performing work in Town facilites, and sub-contractors inform us of any
hazardous materials brought into Town facilities, and the Town has
procedures in place to deal with hazards encountered on job sites to which
employees may be sent.
34.
SUPERVISOR WICKHAM: This basically establishes the outline of how the
Town will take up the responsibility of communicating to all employees in
the Town, that's here Town Hall, the Police Station, the Landfill, where
there are hazardous chemicals and materials. They have right to know abou~
it, and to be protected in the use of them.
-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva;
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
35.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED. that the Town Board of the Town of Southoid hereby authorizes
and directs the Town Clerk to advertise for Matrons for the Southold Town
Police Department, at a salary of $8.35 per hour.
35.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
36.-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, the Village of Greenport intends to acquire the former "Mitchell,'
property on Greenport Harbor for the purpose of creating a "Harborwalk"
along the water's edge, eventually connecting the Greenport Railroad
property with Main Street Wharf; and
WHEREAS, the Village intends to apply for a $200,000 grant from the New
York State Office of Parks, Recreation and Historic Preservation to match
the commitment of Village funds for this project; and
WHEREAS, the Town Board of the Town of Southold finds that the proposed
project will be beneficial to the residents and taxpayers of the village and
that it is in the public interest; and
WHEREAS, the Village of Greenport is a part of the Town of Southold; now,
therefore, be it
RESOLVED that the Town Board hereby offers its support of the application
of the Village of Greenport to the New York State Office of Parks,
Recreation and Historic Preservation for a $200,000 grant; and be it
FURTHER RESOLVED that the Town Clerk is hereby authorized and directed
to forward a :certified copy of this resolution to the Village Clerk for
inclusion in the Village application.
COUNCILWOMAN HUSSlE: This resolution was presented to this Board at
1:15 this afternoon. I received it too late to give it the usual
consideration I give all resolutions that we pass. I regret that I have to
abstain.
36.-Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend , Councilman Lizewski,
Abstain: CouncilwOman Hussie
This resolution was duly ADOPTED.
Councilwoman Oliva,
Supervisor Wickham.
37.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Jane Rousseau as a temporary part-time Clerk Typist in the Justice Court,
effective immediately, 17-1/2 hours per week, at a salary of $6.82 per hour;
said employment to terminate upon appointment of a full-time Clerk Typist.
37.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman ToWnsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
38.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 7th day of February, 1995, a Local Law entitled, "A Local Law in
Relation to Nonresident Beach Permits"; and
WHEREAS, a public hearing was held on this Local Law on the 23rd day of
February, 1995, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. u, - 1995,
which reads as follows:
LOCAL LAW NO. ~, -1995
A Local Law in Relation to Nonresident Beach Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
J. Chapter 65 (Parking at Beaches) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 65-3.F (Parking Permits) is hereby amended as follows:
F. Nonresident se~emaF beach parking permit. Beach parking
permits for nonresidents for the period At)~il January 1
through October December 31 may be issued by the Town
Clerk of the Town of Southold upon application therefor at
a sum prescribed by resolution of the Southold Town Board,
which annual sum shall include both the vehicle and boat
trailer.
11. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates addition.
** Overstrike indicates deletion.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was du~y ADOPTED.
SUPERVISOR WICKHAM: We have no further hearings. We have no further
work on our agenda. We reserve this part of the meeting for the input, land
comment from the audience. We would be pleased to hear-comments from
people, not only on these resolutions, but on any matter if it's; of
importance to the Town.
DAVID CORWIN: I have a problem with a dog in my neighborhood, that
I'd like to bring to your attention. ~ called your contractor three ti!mes
about the dog. I've been bitten by the dog once. Your contractor sent lout
their truck, and the truck drove by the house, where the dog lives· The
dog is running at large. Your contractor told me, we can't go into priyate
property to pick up a dog. I understand that, and I appreciate that. I was
on the phone several times, i said, the dog is out on the street. They sent
the truck out. The truck drives by. I spoke to the fellow that is drl~ng
the truck. I said, you just have to sit there for five minutes. The dog will
come out, and you'll see it on the street. They didn't want to do that. I He
just drove by. All you contractor told me was, 'you got to take Hour
neighbor to court. We can't go on his property. Now, the Town of Southold
is collecting taxes from me. They have an item, Control of Dogs, $115, q00,
that they pay this particular contractor. I'm paying taxes for controli of
the dogs. I'm not paying taxes for animal welfare. There's no line item in
the budget. I don't think the State even call that tine item animal welfare.
They call that the dog control. Dog control is about public health and
safety. It's not about keeping animals alive that don t have homes, and I
got to say to you, if your contractor can't do the job, and they're jlust
going to tell me, that I got to take my neighbor to court, because his dog
is running wild in the street, knocking garbage over, and annoying people,
you people are not doing your job. I think you should look into gett~ing
another contractor. Another item I'd like to address you on is the public
hearing you just had this afternoon. You've been criticized a lot the last
couple of meetings about adding items to the agenda. Well, I understand
that happens. To facilitate your meetings, and get your business done you
add items to the agenda. I can understand that. It's fair enough. But, ~not
to have a public hearing on your agenda, and then go ahead and have if,. I
don't think it's right. Whether it was published in the paper, or not,i it
wasn't on the agenda. I picked up the agenda yesterday. The public hearling
wasn't noted there. If I had wanted to have input, I wouldn't have known
the public hearing was coming down. The final item I'd like to mentionl on
is item #36, which was the grant the Village of Oreenport is requesting icom
the State. I want to commend Councilwoman Hussie for saying she didn't
have enough time to study this. Let me tell you, it would be great if the
Village of Greenport could get $200,000, and buy the Mitchell property
$950,000, but, what the Village of Greenport is not telling you is that
they're never going to get it for $950,000, and in addition to Eastern
Savings loan of 9.5 million dollars. There's another lien against *,he
property of 1.4 million dollars from Israel Discount Bank of New York.
There's a mechanic's lien of $230,000 on the property. There's $15,000 wo~'th
of unpaid Town, school and County taxes, and there's probably about
$100,000 of unpaid Village taxes, so, basically you're kind of rushing i0to
a resolution without knowing all facts. I would suggest to you before you
do, you do llke Councilwoman Hussie does, and say, I want all the facts
first. Thank you.
SUPERVISOR WICKHAM:
comments? Joe?
Would anybody like to respond to some of the
COUNCILMAN TOWNSEND: I'd like to respond to both· The first issue
regarding the ruling on the hearing for ~he change to the non-resident
permit. You are a former Trustee, and you're aware of the fact that the
hearing is when you make your comments. The fact that you didn'ti a
comment during the hearing, that was advertised on the Bulletin Board,
and the papers, and so forth. After that we can not entertain further
FEBRUARY 23, 1995
comment. We're supposed to make our decisions based on the hearing. So,
by postponing it for two weeks, and getting closer, and closer, to the, you
know, the deadline, i mean, that period when that would normally happen,
it didn't serve to benefit the public as far as I can see. So, m those
incidences, where there is no comment, where there is really..I don't think
this Board felt there was any discussion on the issue, because we had
discussed it before, and then the public didn't offer any new information, I
think it's appropriate that we move on those things. It's just transacting
business in a timely fashion. The second thing on the grant, I mean on the
resolution endorsing the Village's application for that money. The way it
was explained to me was that they were under a certain constraint to get
this in, and therefore it wouldn't do much good to wait two weeks, and do it
then. We had a few hours to look it over. I didn't see anything that would
be a problem in terms of our committing ourselves. I mean, everything that
it says I believe, and if you don't then you didn't have to vote for the
resolution, it didn't require a lot of research in my opinion. The fact is,
bank are discounting loans tremendously. I don't know if they're going to
discount it by nine million, but they are discounting it tremendously.
DAVID CORWIN: They're not throwing millions of dollars out the window,
and you know that, Joe. My point is, you should investigate everything
you do, and my point about the public hearing, and the resolution for the
beach stickers, I understand why you wanted to do what you did, but it
shows somehow administrative work isn't being done properly. It wasn't
even on the agenda. I don't understand that, and you can make excuses all
night about that, I wasn't on the agenda. If I came in here yesterday, and
picked the agenda up, and it wasn't on the agenda, and I don't choose to
buy the paper, how do I know about it? That's all. Thank you.
SUPERVISOR WICKHAM: The comment is correct. It was not on the agenda.
The agenda is part of my office's responsibility. We did not put it on. I
have to say, ! didn't realize until we got here tonight, that we had a
public hearing on, because it wasn't on the agenda. There was a slipup in
our office. I'll except responsibility for that. It was duly advertised. We
did have to go through with it. We did do that, and we've acted on it. I
don't think it will happen again. Are there any other comments from the
audience? Yes, sir? Mr. Flynn?
F.M. FLYNN: I'm F.M. Flynn, a resident of Southold, and prior to my
general remarks, I'd like to refer to Resolution eight, and I volunteer to
write the verbose reply to the County of Suffolk, in as much as it's
somewhat of a specialty of mine. Now, as to my general remarks. United
Southold's recent publication it quotes encomiums on the majority members of
the Town Board for their accomplishments up to this time, up to that time.
Certainly, accolades are due for some, even most of these attainments, and
they generally reflect improvements over the conditions prevailing under
previous Boards. However, I take issue with a degree of openness, and
public participation claim. For example, the list of long range planning
issues is selective, and less than forthcoming. I shall discuss my
reservations, and objections, in the context of my following remarks. The
majority faction of the Town Board has evidently adopted an agenda based
on the Stewardship Task Force recommendations, and intends to act in
accordance therewith, in recent months the Board has been occupied by
protracted, and contiguous discussions of matters concerning signage,
lighting, and ethics. As a result, the regulations, subsequently drafted,
are ill defined, and, or, ambiguous. Subsequently, the initial land use
broached by the. Board with the provocative one of B&Bs in residential
areas, i have previously addressed the question of the relative openness,
and accessibility of the related public hearings. As to the involvement of
the public, both in person, and by petition, there opposition to the citing
of the B&Bs was overwhelming. Many of us consider the Suffolk Times as
a veritable house organ with the Board's majority. Nevertheless, even that
paper 'n an article in it's February 9th, 1995 issue stated, quote, the
public's position frowned critically in opposition, having chosen long ago.
So much for the advocacy of public involvement. The end result is to
dissuade residents from further participation in public affairs. BgBs were
justified as an adjunct to the tourist industry, i don't recall the
expansion of the tourist industry at the expense of residential property
owners, and the largely residential character of the town, was a plank in
the platform of United Southold at the last election. Had it been the
results may very well have been different. One of the most significant
421
findings of the Task Force's citizen survey was that approximately nine of
ten residents considered the preservation of Southold's character would be
of prime importance. Obvious y, all the changes in zoning regulations must
be considered in the context of the expressed will of residents. I believe,
as apparently many others do, that the promotion of tourism at the expense
of residential owners, who constitute the bulk of the e ectorate, and pay
most of town's taxes, is inimical to the character of Southold. Apparently,
no consideration has been given to the problems of increased traffic, and
the need for additional intrastructure, and police protection. All, I need
hard y add, at the expense of the beleaguered taxpayer. At least one
member of the majority has reported recognized the problems, that increased
tourism would bring, and advocated the expansion of the LIE to Mattituck,
and effectively Southold. I believe that the majority of the Town Board is
engaged in the incremental dismantling of the admittedly flawed Master Plan
without public disclosure of a full agenda, and the probable effects of
their actions. The limited time allotted me does not permit a comprehensive
analysis of the Task Force commendations, however, I can emphasis some of
the more grievous. The Task Force advocates affordable housing, while
admitting it's subsidize at the expense of the already struggling taxpayers,
who will have to pay the cost of the necessary bonding, and will suffer the
effects of further concessions. Additionally, it is recommended that any
profits resulting from future resales revert the Town for future use in such
projects. Further, it is recommended that such program, rather than be
administrated by elected Town officials, be the purview of the North Fork
Housing Alliance, to which fees would be paid, and start-up funds provided.
Also, advocated subsidizes rental units, again, at the expense of taxpayers.
Accessory apartments, including more recently built, and newly built
housing, shared housing, conversion of existing residences to multi-family
use. Time does not permit an exhaustive critique of other Task Force
recommendations. I submit, however, that the few aspects of the Task
Force recommendations cited are sufficient to prove that their
implementation would adversely, and permanent affect the basic character of
Southold. Further, in view of the quantum increase in taxes, that the
adoption of these recommendations would inevitably bring, as well as the
inevitably destruction of the very character, and ambiance, which residents
price so highly. I advocate most strongly that the Town Board disclose it's
entire agenda, and intentions, with respect to the Task Force
recommendations. Rather than continue it's present policy of considered
amendments on a piecemeal basis, the present policy serves to concea unti~
too late, the total accumulative affects of muti lation of these
recommendations from the scrutiny, and analysis, and judgement of
Southold's residents. As a final comment at this time, the Board makes
frequent reference to confining intensive development to hamlet areas. I
suggest that the Board prior to any further action on these recommendation,
act in the public interest by providing a definition of hamlet, and
delineate any such areas geographically, so that the residents of such areas
may inform themselves as to what effect the Board's plans will have on them.
Thank you.
SUPERVISOR WICKHAM: Thank you, Mr. Flynn, for a very provocative
set of comments. I think a number of us on the Board might want to
respond to them. I'd like to begin, and I think you've done a service by
putting a lot of things out in front of us to look at, and the public a so
to think about. I'd like to respond first to your comment about a member of
the Board having proposed the extension of the Long Island Expressway out
into Southold Town. I assume you're referring to me, because I was quoted
in the newspaper along those lines. That quote was taken seriously out of
context. I never proposed such a thing. I did say, that there are serious
traffic problems in the Town of Southold. Those problems are going to get
more serious as the years go by, and if we're not careful we're going to be
in a situation similar to the South Fork. I think we do need to consider in
a context of a transportation plan for the Town of Southold, a plan which
the State of New York is prepared to help finance a study as to how we
should look at transportation needs, and the alleviation of problems before
they get more serious. I never proposed the extension of the Expressway
out here, and I had tried to make that point repeatedly. That's the first
comment I'd like to make.
FEBRUARY 23, 1995
423
F. M. FLYNN.' Can i make a comment? Out of courtesy I didn't name you
directly. However, I do recall meeting with you, and you showed me with
enthusiasm a map that your father had prepared for the extension of the
L.I.E.
SUPERVISOR WICKHAM: There was a map prepared back in the sixties,
when he was Chairman of the Planning Board, with dotted lines that goes
through Riverhead, that shows the connection from the Expressway out
here. I'm not here to recommend an extension of the Expressway. I am
here to say, that we have serious potential problems, and in one fashion, or
another, we're going to have to deal with it. I have never proposed a
particular route, or a particular, or certainly, an extension of the
Expressway. I'm wiiling to look.
F. M. FLYNN: But, you recognize the problems, and I can only answer
that, the promotion of tourism ~s going to add manifold problems to the
town. Thank you.
SUPERVISOR WlCKHAM: You raised several other questions, Frank, that I
would like to refer to briefly. You raised the question about basically a
hidden agenda, or an agenda of items, that you feel. that some of us on the
Board have in Planning and Zoning front, and there's a suggestion, and this
is not the first time you've made it, that some of us have a kind of hidden
agenda of the things we want to do. Towards the end of your comments you
also said, that you're not comfortable with the fact that the Board is taken
planning matters piecemeal one by one, and we don't seem to have a
comprehensive package of where we're going with this. I think the later is
more accurate, than the former. I don't see, in fact I try to get it from
time to time from the Board, but I don't think the Board does, and I don't
think there's a faction that does have a clear sense of a package of things
that we want to try to achieve, achievements for the Town 'n the planning
front. I do tend accept much of what the Stewardship Task Force proposed
as a general direction for the Town. Am i prepared to accept all of that as
an agenda 'for the Town? No, but I do think that a lot of that makes sense,
and I think a lot of it is in the interest of trying to preserve the quality
of the Town, that I think that you want, and the bulk of the people of this
town do want. One of the difficulties we had, as a Board, is taking up
planning matters piecemeal. Some of those difficulties surfaced this
morning. I think you were at the Work Session this morning. We don't
have, we have not been able to fashion a comprehensive plan, a mini Master
Plan if you will, that will direct the Town Board so that we're all
together, like an orchestra, with all the different parts playing, and all
the different kinds of pieces coming together. I think that's asking too
much for a Board with such a wide diversions of point of view. Rather,
we're taking those pieces from the Task Force recommendations, and from
other supporting evidence, that seems to give us, as a Board, where we
could find consensus to move ahead in selected areas. The suggestion
you've made is that we are leaning too far in the direction of supporting
tourism, and at that tourism is going to undermine the residential quality,
that we have out here. That is a valid concern. It's a concern that I
share, and,,I think most of us on the Board share.. We'll watch that. We
have already trimmed, considerably, what we thought we would do with the
B&Bs. We're aware of the concern. Other people have brought it to our
attention. I think you'll see a greater sense of that, too, in the future.
But, even then, I, and ] only can speak for myself, I do think that the
growth of businesses in the town of Southold is dependent, to some extent,
on money and business brought in from outside. Is tourism in the sense of a
day trip the way to do that, or's it people who live outside, who come and
use our wineries, and other sources of entertainment, and the rural quality
that we have out here. Ultimately. They perhaps come back, they become
second homeowners. Maybe they retire out here. To me, that is part of what
is building '.the economy of this town. So, we're going to watch the tourism
side, but I think, speaking for myself, there is value and logic in
promoting, in the planning framework, a system that retains the rural
quality, but still builds on reasonable bus 'ness involvement based on
outside support. I'm afraid I used up more than my five minutes. Is there
anybody else on the Board, that would llke to address some of these
questions? Alice?
COUNCILWOMAN HUSSIE: We had a lively discussion, or debate,i or
whatever it is, on the process of adoption of various recommendations of, the
Stewardship Task Force this morning. J brought to the floor, again, ithe
fact that I did not feel as the Board, this Board, ail six members, !had
looked at the recommendations, and given them priority, and direction. The
response was that the Planning and Zoning Committee had done that, ~and
the Planning and Zoning Committee is made up of a Board. I do not Jbuy
that. I didn't buy it this morning. I don't buy it now. J have to worry
that we are doing this a piece here, and a piece there. It's almost as if
you were trying to decorate a' room, and you see a pretty chair, and]y.°u
take it from over here, and you like those curtains, and they have noticing
to do with one another. I think that we have to..you can call it a mini
Master Plan, if you want to, but I think we really have to look at that,
because you can not deal with one thing by itself. There are at least two
things, or sometimes more, that are impacted by one move.
SUPERVISOR WICKHAM: That's true. Anyone else on the Board like to
address this question?
COUNCILMAN TOWNSEND: This morning t disagreed with Alice, an'd I
still do. We, in 1983, commissioned a Master Plan. The goals of that MaSter
Plan are much the same as our goals now. That is to remain rural, to keep a
rural quality without stifling growth all together. The Master Plan gpals
said that, however, the Zoning Code, the Zoning Map, did not resul~ in
that, What resulted from that is a suburban spread that will effectively, eat
up all the land, what is now is in farms, and open space. We know What
the tools are. The Stewardship Task Force, while it may not be perfect in
every area, has identified a lot of these tools. We, as a Town Board, Inave
directed the Planning and Zoning Commission to attack these problems. W~'re
prioritized these problems. We know what we have to do, and we're lnlthe
process of doing it, to hire another consultant, to develop a whole another
Master Plan might well mean we'll spend another six years going nowhere
creating as our Planning Valerie Scopaz says, a lot of pretty maps ~hat
are costing $200,000. I don't think we need to do that. We have the tobls,
and we have citizens in this town, that are working on it, on the TDR
Committee, on the Open Space Committee, on the Transportatibn Committee.
They're giving us very valuable information, and we're 'accomplishing
something in those lines. I think by the end of this year you'll see that
we have done a lot towards the accomplishment of the original goals of ithe
Master Plan. That's all.
SUPERVISOR WICKHAM: Mr. Flynn?
F.M. FLYNN: I think you misunderstood my remarks relatively to the
Master Plan. I'm not advocating a new Master Plan. I've had considerable
experience with the formulation of Master Plans in the past. I know what's
involved. I'm asking for something else. i'm asking for the Board tol do
service to your populace by telling them, and abstracting from !the
Stewardship Task Force those programs which you look on with favor, so
that the populace, in it's own mind, can say, is this concerted efforti to
change these things, going to change the character of the Town? it's ithe
voice of the electorate, not any individual's opinion, and I feel that iwe
haven't had help to disclose this, to disclose the intentions of the Board
to the residents, and frankly, the newspapers in this town have been ofl no
assistance in that area, either, so that's the thrust of my remarks, openly
disclose where you intend to go with Task Force Recommendations, noR in
detai~, but generally. Then people who are affected, or presume they're
going to be affected by them can participate based upon analysis, and based
upon knowledge of what they can anticipate.
SUPERVISOR WICKHAM: The Town Board did have a discussion along thiose
lines back last year, when we reviewed first in the Planning and Zoniing
Committee, but that wasn't all. Then it was brought to the full Town Boai"d,
so I really can't accept Councilwoman Hussie's comment that was only done
in the Planning and Zoning Committee, because the Planning and Zonilng
Committee brought it to the full Town Board, and reviewed with the full
Board the priorities, that we had established in that committee, and thenl as
a Board in dealing with many of these Stewardship Task Force
recommendations. Now, that was last year. Maybe it's time to review it
again, and see if times have changed, see if some points of view have
changed. In the meantime we started work on some of those elements, that
FEBRUARY 23, 1995
425
were given high priority during that review. Maybe it would be a value to,
in terms of communication, to look at it, again, to put it together in
little package, and put it out. I'm personally quite open that.
F.M. FLYNN: The only thing 1'11 say in ending, is my final comment,
.there is no value to the public to have them come to a series of fifteen or
twenty successive public hearings. First of all, people aren't that well
informed, and secondly, frankly most of them have their heads in the sand,
and rely on City Hall, but, if you were to give them the opportunity to say,
the Town Board intends to that, and intends to that, and intends to do this
other thing. This is going to Change my neighborhood, or it's going to
change the character of the town. It's going to change my tax rate. I think
they should be informed of your intention, not item by item, but a
compendium of what you intend to do. Thank you.
SUPERVISOR WICKHAM: Anyone else? Yes, sir, Mr. Carlin?
FRANK CARL1N: Frank Carlin. I think, in my opinion, we have too
many committees in this town. Too many committees sometimes can be
confusing. For example, you had two committees on a police study. One said
seven police officers, and the other one said, two. However, there was one
committee that I feel is very important, that we have in this town, and that
is the Southotd Committee on Local Taxes. I think they've done a tremendous
job on that committee. A lot of work went into that. I take my hat off to
them. I give them an A+. That's a committee that is worthwhile having.
Now, how many of you on this Board have read this, all twenty-nine pages
of it?
COUNCILWOMAN HUSSIE: We've all read it.
FRANK CARLIN: We knew a lot of it, that was in there, but now it's in
writing. Now, we know the problems. Now, we must take action to correct
them. I understand, Mr. Wickham, that your goal for '96 is to reduce the
budget and our taxes within the inflation rate. I take my hat off to you for
trying to d° that.
SUPERVISOR WICKHAM: This is the Board resolution.
FRANK CARLIN: Right. What I mean is, you as a Board. You represent
the Board I understand, and I take my hat off to you.
COUNCILWOMAN HUSSIE: No, he doesn't.
SUPERVISOR WICKHAM: Sometimes. When they allow me to, I do.
FRANK CARLIN: I take my hat off to you. I applaud you for that. But,
sorry to say, and I'll explain why, because come along in Spring, here
comes our schools with a 6,7,8% school budget increases. So, what we've
gained here we're going to be losing there. It's a losing battle, especially
for next year, when the State reduces our State aid. So, we know that our
elected officials in Albany are not doing that much to help us with our
school taxes. So, what is left? What is left for the people? The people
must start and control our school taxes. What I mean by that is, when it
comes time to vote on the budgets, because there ain't no law with our
school taxes. I predict in the future, somewhere along the line, that the
only people who will be able to live here in Southold Town will be the rich,
or people who are on a very, very high retirement income. Now, you're
going to tell me you can't control school budgets, and I agree with you, you
can't. But, like I said the only ones who are left now to control this
budget is the people, when the vote on these budgets. ~ know we have a
problem in Laurel School with almost three rejections. We must not let them
use the reasons like, well, if we don't have the budget passed we're going
to eliminate transportation, busing. Well, that's a State requirement. That
sometimes can happen. I seen it happen, or try to happen in my own
experience. They use that, and they more or less threaten the voters, that
they're not going to have transportation for the children, so they vote for
it. The only one left to control our school taxes is the people, and they
looked these budgets over this year very closely, because they're going to
use an excuse, and get less State aid. A few more things, if I may, and
l'll finish up. I just want to recommend two things, how to reduce taxes.
I just want to recommend two things, and this is going to real, when you
hear these. Why we do need five Councilpeople for on the Town Board?
SoUthampton has four. Riverhead has four. What do we need five for?
know what you're going to say to me. You're going to say to me, well~ we
need one on Fishers Island. i told you once before, we sell Fishers Island.
We don,t need it. It's ten miles from the shore. ItJs three miles from
Connecticut. That money would build a nice recycling plant, and number
two, which is important, is pay raises. I'm a great believer in pay raises,
keep within the inflation rate. That goes for Police, ToWn, elected
officials, school teachers, anybody. Keep it within the inflation rate,
because senior citizens are only getting, what we got this year was 2i. 8%,
and they took taxes out, so we didn't gain anything. Keep it within the
inflation rate. One more thing, and then I'm going to finish. I give
President Reagan back in 1982 a lot of credit, when traffic controllers, j u,00
of them, said to him, we want a raise or we're going to walk. Well,! he
walked them right out the door. Planes kept flying. I don't recall jany
traffic fatalities. As the old saying ~s, no matter how good you are, there
is always somebody better that can replace you. Thank you.
SUPERVISOR WICKHAM: Thank you, Frank. I guess that's true of us
elected officials, too. Any other comments of anyone who would like to
address the Board?
COUNCILMAN LIZEWSKI: I think everybody has had a say, so I~d like to
throw out a few tidbits. The diversity on this Board is fairly great, and
even though the majority usually has their say, there are differences
constantly, and I have to tell you that as far as the Stewardship Task Force
goes, it addresses a lot of things that, at this point in time worry me, and
are not relevant at this time. To me the most relevant thing at this time in
Southold Town is the tax base, and the economic situation, which we seem to
let go, because we have these advisory rules, and ideas, from Task Force.
But, I feel that Southold Town is sliding backwards, and not forward,
because it's tax base is being cut down simply because we're losing
businesses, we're losing stores. We have a lot of emptiness, and we seem to
be addressing laws that are going to stop new ones from coming in, but we
haven't solved any other problems of why they're leaving, and why people
are not succeeding in Southold Town. I think the economic base, and the
tax base, that we have is probably the most important thing that we should
be looking at, as far as legislation, and how we can make business easier,
and how we can get things done more efficiently than some of the directions,
that we're going. So, there is a difference on the Board. We do voice our
opinions, and even though we're not always heard, at least we're listened
to, and I think it's important that more people participate, and come to
these Work Sessions, and hear what's going on.
SUPERVISOR WICKHAM: Alice, do you have any more comments?
COUNCILWOMAN HUSSIE: I just wanted to agree with Mr. Carlin on his
proposal, as I heard, that the electorate understand what it's voting about
on the upcoming school budgets. I think that's one of the most important
things, and that the electorate think with it's brain, and not only with
it's emotions. It should not be forced to deal with an emotional issue, such
as you're not going to have buses if we don't do this. Buses are not
mandated except in special areas, and special occasions, so that's something
that the public really ought to know. ! hope that the School Board put out
enough information so that the people can vote intelligently, and not by the
seat of the pants.
SUPERVISOR WICKHAM:
comments ?
Anyone else on the Board like to make some
COUNCILMAN TOWNSEND: Just quickly. I know that everybody looks at
their own economy with, you know, and they look for local reasons for
economic problems. I think that nationwide we've experienced problems with
our economy, and Long Island in particular seems to be lagging behind the
rest of the country in a recovery, because we've lost so much industry,
Grummans, and so forth. What I hope to do is, to create new economic
incentive. I feel differently, Joe. I don't think we're negatlveIy
affecting our businesses, or making businesses go out. I think all you have
to do is look at Riverhead to see why a lot of our retail businesses are
going down. I think we have to !ook at new answers. We have to look at
what makes Southold unique, what's going to create economic activity out
FEBRUARY 23, 1995
here. The additional strip malls, and shopping centers, are not going to
make Southold more prosperous. Those that we have are suffering, so what
we're trying to do is look at new ways to approach that, to keep Southold
beautiful, and rural, but also to keep our economy strong, and I think we
have to consider our hamlet. Our hamlet based businesses, and try to shore
up those, and that's what our planning objectives are.
SUPERVISOR WICKHAM: Mr. Carlin?
FRANK CARLIN: The problem is we don't encourage tourism here. For a
good example, the tank museum in Mattituck. That's been there for years,
collecting tourism comes in all summer long. On account of some rules come
along to make it hard for the people. They're giving them a hard time.
They've been there for years drawing tourism. That's the problem in this
town, you have too many rules, and restrict people ~r~o_m:dei0g :anything.
ThaUs the problem in this town, Joe.
SUPERVISOR WICKHAM: I would llke to close with a very brief comment
about my experiences last week at the Association of Towns meeting in New
York City, and this comment (tape change) Closure in the Landfill in
Cutchogue, or any other town, that can show that it is not contaminating
the groundwater. After that adopted that resolution the Association of
Supervisors of Suffolk County, an association of all ten towns, unanimously
adopted virtually the same resolution. Yesterday, the Association of Towns
met in New York City. The Association of Town represents six hundred and
some towns, virtually all of the towns of the State of New York, and they
took up virtually the same resolution, and they also adopted it almost
unanimously. The issue now is to, as soon as the Governor appoints the
Commissioner of the DEC, to pursue this further. It's very important to the
town, because the costs of capping and closing our landfill with all of the
requirements, that are currently in the law, if they're not waived, the cost
of doing that is somewhere in the range of eight to ten million dollars, and
just as a point of reference, the entire Town Budget in a given year, the
taxes that we're collecting to finance the Town Budget:fbl- one year is about
ten million dollars. So, it's a very big hit, and we feel that it's
justified to waive that cost, as long as we can show that there is no
significant contamination of the groundwater, related from our landfill.
It's not just our town. We found a lot of interest throughout the State,
and on Long Island, and even those towns, who have already financed that
kind of a closure endorsed this proposal. We'll be pursuing it further. I
think this brings to a close today's Board meeting. I appreciate you all
being here, and comments we've gotten.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED by the Town Board meeting be and hereby is adjourned at 6:05
P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
427
Judith T. Teri-y f
Southoid Town Cler~<