HomeMy WebLinkAboutTB-06/27/1995174
SOUTHOLD TOWN BOARD
JUNE 27. 1995
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie, Councilman Joseph L. Tow. nsend, Jr., Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd.
9:10 A.M. - George Weiser and Executive Assistant James McMahon met with the
Town Board to discuss an affordable housing proposed by Mr. Weiser through his
Peconic Properties Management Corp. Mr. Weiser is seeking the Town's sponsorship
and support for a grant applicatic~n to the New York State Affordable Housing
Corporation in the amount of $25,000 per unit. Mr. Weiser is in contract to
purchase a filed subdivision, Elijah's Lane Estates, Section 3, where there are 27
one-acre lots. The $25,000 per house is applied to_the purchase price at closing;
the same procedure as the $outhold Villas project. Supervisor Wickham said he has
a problem with the proposal because the $25,000 is used to reduce the cost of a
$130,000 house to $105,000~ rather than reducing the cost of a $105,000 house to
$80,000. He would like to look into the proposal over the next two weeks and
discuss it again on July 11th.
10:00 A.M. - Penny Coyle, Greenport Chairperson of the Southold Town Blood
Program, and Hilda Engesser, the Southold Chairperson, met with the Board to
request funding to be placed in the 1996 Budget to support the four blood drives
the~ conduct each year. They actually are short of money this year and have had
to contribute their own funds for the necessary expenses. Ms. Coyle and Ms.
Engesser were encouraged to solicit donations from the Lions Clubs, Rotary Clubs,
Kiwanis Club, and fire departments, rather than expect a donation from the Town.
10:10 A.M. - Board of,..Assessors Chairman Scott A. Russell met with the Town'
Board to discuss the proposed Local "Law in Relation to Providing a Change in the
Amount of Veterans' Exe~nptions.' I~lr...Russell stressed that the legislation allows
the Assessors to increase or decrease the-amount of exemption based on the change
in level of assessment upon the completion of a re-evaluation, and can only be re-
calculated after the completion of the re-evaluation. The new exemptions are
calculated in the initial year of the new tax roll and do not get re-calculated again
until a new re-evaluation or updateL valuation is completed. Following the
clarification by Mr. Russell, the Board placed resolution 38 on the agenda for
enactment of the local law.
10:30 A.M. - Board revieWed a proposal from Daniel Karpen, Professional Engineer
& Consultant, PC, for the installation of a return duct according to code in the
Human Resource Center, and the installation of a variable speed control on the
kitchen exhaust system. Mr. Karpen received three proposals, and the lowest was
from Kolb Mechanical in the amount of $6,069 to complete the project, including the
installation of three phase motors on the exhaust fans. Board members questioned
the need for the work" and what funds are available. Senior Accountant John
Cushman will check into funding and ask Engineering Inspector James Richter to
determine whether the proposal is necessary.
EXECUTIVE SESSION
10:35 A.M. - On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town .Board enter into Executive Session to discuss personnel
grievances of Public Safety Dispatchers and Fishers Island Highway Department
employee Edward Scroxton. Vote of the Board: Ayes: Supervisor Wickham,
Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman
Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd,
Senior Accountant John Cushman, PSD3 John Raynor. CSEA representatives: Labor
Relations Specialist Jim Henck, Southold Town CSEA President Lois Atkinson, Labor
Management Chairperson Linda Cooper, Labor Management/CSEA 2nd Vice President
Andrew Ruroede.
11:20 A.M. Finance: The Board discussed criteria for funding not-for-profit
organization. Followi:~og .~he' June 13th meeting, Councilwoman Hussie and Justice
Evans drafted a proposed "Application for Town of Southold Grant" for
consideration. It was agreed to discuss this matter again at the July 11th meeting
and each Board member would submit a priority list of specific criteria for funding
an organization.---~Supervi$or Wickham presented a proposal for beginning a capital
budget p~ocess starting with the 1996 fiscal year. He reviewed the goals and
objectives he feels are important', and the amount he feels should be budgeted in
a capital budget. He will discuss this subject again at the July 11th meeting with
a /rough estimate ~of.~'~ what~.~;the .needs~o:f~the various departments will be.----Board
reviewed a proposal from rDvirka and Bartilucci to oversee excavation of test pits
at the Cutchogue Landfill and to issue a waste delineation report, and placed a
resolution (39) on the agenda to accept same.
12:20 P.M. - Recess for lunch.
1:40 P.M. Solid Waste Coordinator Bunchuck met w~Lth the Town Board tO.outline
a comprehensive yard-waste composting plan he proposes to develop for the Town.
Mr. Bunchuck advised that a full-fledged yard waste composting plan would result
in a carefully screened and cured product bagged under quality control conditions
that could be sold at over $100 per ton. To achieve this degree of control,
however, substantial' investment would be necessary and a joint venture with
a private firm desirable. He recommended that at this stage the Town not attempt
to produce pure cured compost, but rather produce a rougher version which could
be~valued at about $20 per ton for bulk 'deliveries. Mr. Bunchuck went into detail
on the proposed site at the Cutchogue Landfill, required equipment, demand for the
product, costs of Produ~ction, yard waste availability, and a breakdown of projected
costs for the program. Mr. Bunchuck will return on July 11th with additional
information and further discussion.
2:30 P.M. Personnel: Town Board appointed Jeanne M. Hogge as a provisional
Scale Operat~.r~ (resolution 40).-~--Councilman Lizews!ki reported - that he
discussed the Community Service Program .with Justice Tedeschi, Director of Human
Services Venetia McKeighan, and-Recreation Supervisor Kenneth Reeves, and Mrs.
McKeighan and Mr. Reeves agreed to produce a project and provide supervision for
the youthful offenders. Justice Tedeschi agreed he will make the community service
assignments on specific days.----Board set Wednesday, July 5th, 4:00 P.M. to
interview architect applicants for the Architectural Review Committee.-~--Due to the
small number of applicants, Board agreed to readvertise for hamlet members for the
Architectural Review Committee (resolution 41).----Councilwoman Hussie submitted
a legal opinion with regard to membership on an Architectural Review Committee,
stating that "A professional architect may not be a member of a village board of
architectural review when plans prepared by him for a private construction project
with the village are submitted to the board for review".----Town Board reappointed
members to the Land Preservation Committee (resolution 42).----Board held a lengthy
discussion on.~thepropo~alof SupervisorWickham to create a second position of Senior
Planner and appoint Planner Melissa Spiro provisionally to that position. The
conclusion reached was that Ms. Spiro should call for a desk audit from civil service
for their classification of her position.----Town Board appointed Patricia Garsik as
a part-time Clerk Typist for the Police Department (resolution 43).
3:05 P.M. Plannin9 & Zoning: The first item for discussion was the petition of
Depot Enterprises, Inc. for a change of zone. Councilman Lizewski, owner of Depot
Enterprises, asked the Town Board to hold their decision on his petition until he
has had an opportunity to clear up'certain violations on the property.----The Board
then discussed the change of zone petition of Frank Cichanowlcz III for the
construction of a Brew Pub. Senior Planner Valerie Scopaz was present, and
stressed that the Planning Board's recommendation was very specific for a brew pub
proiect. Rudolph Bruer, attorney for Mr. Cicldanowiz was present and offered
to answer questions. Supervisor Wickham, Councilman Townsend, and Councilwoman
Oliva said that they want restrictions placed on the zoning change. Councilwoman
JUNE 27,-1995
17
toUSSie, Councilman Lizewski and Justice Evans did not wish the Town to impose
nditions. The Town Attorney was asked by Supervisor Wickham to explore
restrictions that are consistant with what the applicant has applied for.----The
Board reviewed the environmental review for Strong's Marine change of zone, and
agreed to issue a-Negative. Declaration (resolution 44), and set a public hearing
for 8:00 P.M., July 2'5th (resolution 45). 'A neighbor of the marina addressed the
Board at .this time expressing his objection. He was instructed to come to the public
hearing so his remarks will be on the record.
3:45 P.M. James Bitses presented the Town Board with a proposal to cede to the
Town three acres of waterfront property on Main Bayview Road, Southold, for a
oublic park, along with a .8 acre right-of-way from Main Bayview Road to tidewater
at Corey Creek. In addition he requested a change of zone on the remaining twelve
acres he owns for development as a motel recreational marina use. The Town Board
advised Mr. Bitses that they cannot make a deal for a gift of property in exchange
.for a change of zone, ,and further, they have little interest in the proposal.
Super~)isor Wickham will put the response in writing.
4:00 P.M. Plannincj $ Zonincj (continued): Town Board discussed proposed Local
Law in Relation to Front .'Yard Setbacks, and placed two resolutions on the agenda
(46 & 47),, one to issue a~negative declaration, and the second to transmit the law
to the Town and County Planning Departments for recommendations.----A-'second~ law~
A Local Law in Relation to' Land Clearing was also placed on the agenda for the same
action (resolutions 48 & 49).----Councilwoman Hussie brought to the Board for
discussion the subject to yard sales, flea markets, and peddling permits, and
outdoor sales in business zones. These subjects will~ be taken up by the Code
Committee.
4:30 P.M. - Executive Assistant James McMahon met with the Board to discuss
parking and boat launching at Mattituck Boat Ramp. Vehicles are launching their
boats and then parking the vehicle and boat trailer in the municipal parking lot in
the business section c~f Mattituck. The launching area will be posted to prevent
launching without a permit.----Councilwoman Oliva reported on a recent Anti Bias
Task Force meeting held in Town Hall. She said the group would like official
recognition. Supervisor Wickham and Councilwoman Oliva will work on an
appropriate resolution for the July 11th meeting.----Supervisor Wickham reported
on his recent meeting with the DEC in Albany, and a meeting to review a proposal
from the Office of Regulatory Reform to put a moratorium on proposals for capping
and closing landfills.----Supervisor Wickham also reported that the Peconic County
Steering Committee would like to schedule a series of public hearings throughout
the East End towns to present the report of the consulting firm, however, the firm
wants $25,000 for this service, and Southold's share would be $5,000. Supervisor
Wickham will have fur.ther information for the Board on July 11th.----Finally, Super-
visor Wickham reported on a meeting with the Regional Director of the NYS Depart-
ment 0f.-iTransportation~iconceriiing.tpr~o.posed :prOjects in Southold To.v~n for (1) storm
water abatement; (2) integrated traffic survey study; and (3) a system of bike trails
throughout the ToWn.
5:10 P.M. - Town Board reviewed the resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
5:35 P.M. - Work Session adjourned.
177
REGULAR MEETING
A Re~lular Meeting of the Southold Town Board was held on June 27,
1995, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Thomas H.-Wlckham
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: The Board had a chance to review the audit of
bills for this week.
Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $103,262,00; General Fund Part
Town bills in the amount of $5,803.73; Highway Fund Whole Town bills in
the amount of $26,213.95; Highway Fund Part Town bills in the amount of
$15,995.07; Ag Land Development Rights bills in the amount of $1,000.00;
Open Space Capital Fund bills in the amount of $3,069.96; Lighting/Heating
Capital A/C bills in the amount of $608.80; Employee Health Benefit Plan
bills in the amount of $27,262.45; Fishers Island Ferry District bills in
the amount of $14,220.06; Refuse & Garbage District bills in the amount of
$102,5~t~,. 65; Southold Wastewater District bills in the amount of
$15,841.67; Southold Agency & Trust bills in the amount of $292.00; Fishers
Island Ferry District Agency & Trust bills in the amount of $836.51~.
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 Justice Evans, it was
RESOLVED that the minutes of the June 13, 1995, Town Board meeting be
and hereby is approved.
Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussle,
Supervisor Wickham.
This resolution was duly ADOPTED;
Councilwoman Oliva,
Councilman Lizewskl,
Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the next re~lular meetin9 of the Southold Town Board will
be held at u,:30 P.M., Tuesday, July 11, 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.
I. REPORTS.
1. S6uthold Town Community Development Office Monthly Report for
May, 1995.
2. Southold Town Trustees Monthly Report for May, 1995.
3. Southold Police Department Monthly Report for May, 1995.
Summer Showcase Concert Series schedule for the Summer of 1995.
5. Southold Town Recreation Department Monthly Report for May, 1995.
II. PUBLIC NOTICES.
1. New York State Department of Environmental Conservation Notice of
Complete Application of Michael and Geraldine Dunphy proposal to
construct a single family dwelling with deck, sanitary system and driveway a
minimum of 75' landward of freshwater boundary. Project located on Marion
Lake, East Marion, New York. Comments to be received no later than July
6, 1995.
2. New York State Department of Transportation, Notice of Order on
the east side of Route 25 at ferry slip terminal at Orient Point, New York.
3. New York State Department of Transportation, Notice of Order on
the west side of Route 25 at ferry slip terminal at Orient Point, New York.
4. U. S. Army Corp of Army Engineers, New York District, application
of Michael Slade to construct bulkhead and dredge with upland disposal at
Wi~kham Creek, Cutchogue, New York.
Iil. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1. 8:00 P.M. on a proposed "Local Law in Relation to Lot Creation and
Merger".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: I think most of you have tonight copies of the
agenda. It,s available outside the door. At 8:00 we have a "Local LaW in
Relation to Lot Creation and Merger". Prior to that time the Board will be
considering several resolutions, .and we had on the last page of the ag~.nda
you can see our .order of business, the work that we conducted today.
Because we have a rather lengthy series of resolutions I don't think i'm
going to try to summarize any of this, except say that it was, as usual With
our Work Session, it.was an exciting period with a lot of discussion, quite
a bit of business conducted. We have before us fifty resolutions, that are
on the agenda in front of you, plus on additional one that has been entered
as number fifty-one, and that essentially calls on the State of New York,
the Governor, and the Commissioner of the DEC, to enact a suspension of
the Landfill Closure regulations, and to undertake a review of those
regulations. Would anyone in the audience like to address the Town Board at
this time on any one or more of the resolutions on the agenda?
CARLA BLASKO: This isn't in regards to any of the resolutions on your
agenda.
SUPERVISOR WiCKHAM: Excuse me. May I ask then, although it may be a
bit of a wait, we have another period to entertain comments from the
audience on matters that are not on the agenda after we finish our
resolutions. Could you wait for tha~.? Thank you. Yes, sir?
FRANK CARLIN: Frank Carlin, Laurel. Number 22, you're going to be
buying more farmland preservation, right? What does that mean?
SUPERVISOR WICKHAM: The Town already has a bond issue to ac_quire
farmland on the order of 1.7 million dollars. We're going to use $500,000
of that as a match in order to unlock Suffolk County funds, that would be
spent here in the Town of Southold. Without that match they're not prepared
to spend that money on acquisitions in this town.
FRANK CARLIN: Twenty-four, what is a Certificate of Determination?
SUPERVISOR WICKHAM: A Certificate of Determination was a certificate
issued by the Building Department, which conveyed certain rights to people
who had it in relation t0 business properties.
FRANK CARLIN: This here purchase of a tub grinder. I guess it's meant
to be rent, rend, i guess, it should have been a t, right? Didn't we
purchase about two years ago.
SUPERVISOR WICKHAM: Yes, we did. You're absolutely right. It's still
there. It's operating beautifully. We want to use it to grind up leaves.
Leaves have a lot of dirt in them. For us to grind up leaves in our
beautiful new tub grinder, that cost $2~0,000 would shorten it's life span
quickly. We found it would be more cost effective to rent one for that
purpose. Do the damage to a rented one, rather than our own. It's part of
the composting operation'.
FRANK CARLIN: Here's on that I'm very interested in, number 38,
veterans' exemption, what do you mean by that now'?
SUPERVISOR WICKHAM: Veterans of war are entitled to a certain exemption
in their property taxes. We have now. This resolution, if it's adopted,
will protect those exemptions in the event of a reevaluation on our tax base
here in the town. It's a protective feature, so that it won't be eroded.
FRANK CARLIN: That sounds good to me, so far tonight. I'm going to
keep this short here. Forty-six, and forty-seven, what do you mean by
front yard setbacks? Does that mean, if you build a house, it has to be a
certain distance? What do you mean?
SUPERVISOR WICKHAM: Yes. In connection with business properties on
Route L18, and Route 25, and I guess throughout the Town, we're proposing
a new setback requirement for properties with businesses to be built on.
FRANK CARLIN: Okay, that's all I have for now.
SUPERVISOR WICKHAM: Would anyone else llke to address the Board on
any of these fifty-one resolutions before us tonight? (No response.) If not,
! think we can launch into them.
1 .- Moved by Councilwoman Ollva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for bids for
Laboratory Analytical Services for Southold Landfill Closure Investigation,
all in accordance with the specifications as approved by the Town Attorney.
1 ,- Vote of the Town B0ard: Ayes: Justice Evans, Councilwoman Oliva,
. Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
' Supervisor Wickham.
This resolution was duly ADOPTED,
2.- Moved by. Justice Evans, seconded by Councilwoman Oliva,
RESOLUTION AUTHORIZING THE SIGNING OF A STATE CONTRACT FOR A
NON-POINT SOURCE POLLUTION .PROJECT UNDER THE APPROPRIATE LAWS
OF NEW YORK STATE AND THE UNITED STATES OF AMERICA:
WHEREAS, the Town Board of th~ Town of Southold, herein called the
"Project Sponsor", after thorough consideration of the various aspects of
the problem and study of available data, has hereby determined that certain
work, as described in the State Contract, herein called the "Project", is
desirable, in the public interest, and is required in order to implement a
non-point source abatement project to control non-point pollution
originating from non-agricultural activities; and
WHEREAS, under Article 17 of the Environmental Conservation Law and
Section 319 of the Federal Clean Water Act, as amended, the United States
of America has authorized the State to make financial assistance available
to substate agencies for t. he implementation of a non-point source pollution
abatement and 'control ProJect for non-point source pollution emanating from
non-agricultural sources; and
WHEREAS, the Municipality has examined and duly considered Article 17 of
the Environmental Conservation Law and Section 319 of the Clean Water Act,
as amended, ;and deems'~ it to be in the public interest and benefit under this
law to enter into a contract therein;
NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of
Southold
1. That Exei:utive Assistant James C. McMahon is directed and authorized
as the official representative to act in connection with any contracts
between the Municipality and the State, and to provide such additional
information as may be required;
2. That the Municipality agrees that it will fund its portion of the cost
of said Clean Lakes Project;
3. That one (1) certified copy of this Resolution be prepared and sent to
the New York State Department of Environmental Conservation, Albany,
New York, together with the State Contract;
~,.That this resolution take effect immediately.
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 Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the reduction of the bond amount for the manor subdivisian of
Farmveu Associates .a't Mattltuck from $90,000 to $48,000, all in accordance
with the recommendation of the Southold Town Planning Board.
-3.7 Vote of the Town ' Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Huss]e, Councilman LizeWski,
Supervisor Wickham.
This resolution was duly ADOPTED.
4.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Tons of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for the purchase of 1,000
tons, more or less as may be needed, of Sand Mix Asphalt, furnished and
applied, all in accordance with the bid specifications.
4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Counci woman Hussie, Councilman LizeWski,
Supervisor Wickham.
This resolution was duly ADOPTED.
5.-Moved by Justice Evans, seconded by Supervisor Wickham, it was
RESOLVED that ;the Town Board of the Town of Southold hereby
authorizes and directs 'the Town Clerk to advertise for bids for an Annual
Contract to furnish and place Asphalt Concrete within the Town of Southold,
as may be required, all in accordance with the bid specifications.
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 Supervisor Wickham, second;d by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following 1995 Budget modification to the Ceneral Fund Whole
Town to appropriate donated funds for the Tree Committee:
To:
Revenues:
A2705.30 Gifts & Donations, Tree Committee $ 170.00
AppropriatiOns:
A8560.4.400.200 Trees and Tree Maintenance $ 170.00
6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
7.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the 'Town Board of the Town of $outhold hereby modifies
the General Fund Whole Town 1995 Budget as follows to appropriate
developer paid funds for the installation of street lights at Farmveu:
To:
Revenues:
A2705, 40
Appropriations:
A5182.2.500.500
7.- Vote of the Town
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
Gifts & Donations, Other
Street Lights, Fixtures
Board: Ayes: Justice Evans,
Hussie,
$ 2,180.00
$ 2,180.00
Councilwoman Ollva,
Councilman Lizewski,
8.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the ~rown Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to appropriate funds for Seasonal
Traffic Control Officers and Crossing Guards:
To:
A3120.1.300.100 Police, Seasonal Employees
Regular Earnings
F rom:
A3120.1.100.100 Police, Full time Employees
Regular Earnings
8.- Vote of the Town Board: Ayes: Justice.
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 25,000.00
$ 25,000.00
Evans, Gouncilwoman Oliva,
Hussie, Councilman Lizewski,
9.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Cutchogue Fire Department to use Moore's Lane, Alvah's
Lane and New Suffolk Road, Cutchogue, for staging and parade route for
their 28th Annual Parade and Drill to be held on Saturday, July 15, 1995,
at 6:00 P.M., (rain date: Sunday, July 16, 1995, 2:00 P.M.), provided they
file with the Town Clerk a One Million Dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured.
9.- Vote of the Town Beard: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, . Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans; seconded by Councilwoman Oliva, it was
RESOLVED that the To,wn Board of the Town of Southoid hereby modifies
the General Fund Whole Town 1995 Budget to appropriate funds for
overdrawn line items:
To:
A1620.4.400,200
A7110.4.100.100
From:
A1440.4.500.200
A1620.4.400.100
Buildings & Grounds
Property Maintenance
Parks & Beach Facilities
Miscellaneous Supplies
10.-Vote of the Town
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
500.00
2,000.00
Engineer, NYS .Road Runoff $ 2,000.00
Buildings & Grounds 500.00
Building Maintenance
Board: Ayes: Justice Evans, Councilwoman Oliva,
Hussie, Councilman Lizewski,
11 .-Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board o.f the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to appropriate funds in the Town
Attorney's budget for the $130.00 monthly subscription charges for the Lexis
MVP Membership Program:
To:
A1420.4.600.600 Dues & Subscriptions
From:
A1420.4.500.100 Legal Counsel
11.-Vote of the Town Board: Ayes: Justice
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
$ 1,560.00
$ 1,560.00
Evans, Councilwoman Ollva,
Hussie, Councilman Lizewski,
t2.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, maintenance cost of the Town's AS/~,00 Disk Drives have risen
to $590.00 per month; and
WHEREAS, EMC Corporation has offered to replace and upgrade the
existing drives at a cost of $530.00 per month for the next three years,
increasing storage capacity and decreasing power and cooling costs and
providing maintenance at no charge for that three year period; now,
therefore, be it
1 8 2 Ju.E 27,
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to discontinue the
maintenance agreement with IBM effective immediately and execute an
agreement EMC Corporation for the replacement and upgrade of the Disk
Drives.
12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was 'duly ADOPTED.
13.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to appropriate funds for several
overdrawn line items:
To:
A1640.4.100.200
A1640.4.100.500
A7110.4.100.100
Central Garage
Gasoline and Oil
Central Garage
Motor Vehicle Parts and Supplies
Parks & Beach Facilities
Utilities
From:
A1440.4.500.200
13.-Vote of the Town
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
500.00
1,000.00
250.00
Engineer, NYS Road Runoff $ 1,750.00
Board: Ayes: Justice Evans, Councilwoman Oliva,
Hussie, Councilman Lizewski,
14.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Southold Wastewater Disposal District 1995 Budget to provide for the
construction of the Gravel Trap at the Wastewater Disposal Plant:
To:
SS1.8130.2 Sewage Treatment Equipment $ 15,000.00
From:
SS1.8780.4 Capital Reserve $ 15,000.00
14.-Vote of the Town Board:' Ayes: Justice Evans, Councilwoman Ollva,
Councilman .Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: Resolution #15, granting permission to contractor
for remediation of Fishers Island Metal Dump to enter into a subcontractors'
agreement, we are going to hold tonight while we investigate a question
about it.
16.-Moved by Councilwoman Hussie, seconded' by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Superintendent of Highways Raymond L. Jacobs to install a street
light on LILCO Pole #3, located close to the intersection of Lower Road
and Ackerly Pond Lane, Southold,
16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolutlon was duly ADOPTED.
17.-Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the $94[~,0[~9.00 Letter of. Credit from Theodore and Angela Laoudis as a
bond for roads and improvements, including the cost for the water system,
for Angel Shores major subdivision, Southold, all in accordance with the
Town Board's resolution of November 1, 1994 approving the amount as
recommended by the Southold Town Planning Board and Engineering
Inspector James Richter.
17 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Andrew T. Fohrkolb, in the amount of $1,010.00, for the
purchase of two (2) surplus used 1989 200 HP Johnson Outboard Motors in
as is condition for .the Town of Southold.
18.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
19o-Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED THAT THE Town Board of the Town of Southold hereby
accepts the bid of Chemung Supply Corporation, Elmira, New York, for
supplying the Southold Town Highway Department w~th 10,000 linear feet of
Snow Fence (more or, less as may be needed), at a price of $5~t.97 per 100
ft. roll, all 'n accordance with the bid specifications.
19.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
20.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Capitol Highway Materials, Inc., Baldwin Plaice, New York, for
supplying the Southold Town Highway Department with 500 - 6 foot studded
steel "T". Posts [more or less as may be. ne.eded), at a price of $2.74 per
post, all in iaccordance with the bid speciflcatmns.
20,- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21.-Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 27th day of J~ne, 1995, a Local Law entitled, "A Local
Law in Relation to Garbage Penalties"; now, therefore, be it
RESOLVED THAT THE Town Board hereby sets 5:05 P.M., Tuesday, July
11, 1995, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Garbage Penalties
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter t~8 [Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1. Section ttS-6C [Penalties for offenses) is hereby renumbered [tS-6D
and a new u,8-6C is amended to read as follows:
C. Any person, firm or corpo, ration who or which does not pay any
charge or fee established In this chapter or who or which
violates any provision of this chapter shall be subject to a
'fine not in excess of two hundred fifty ($250.) for each offense.
A separate Offense shall be deemed committed upon each da,/,
during Which a violation occurs or is committed.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
COUNCILWOMAN OLIVA: This is really giving a criminal penalty for those
people who do not-pay when they go over the scale at the Landfill, and they
have a charge account, and so that we can fine them.
21.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
22.-Moved by Supervisor Wlckham, seconded by Councilwoman Oliva.
Whereas, the County ot~ Suffolk has included five hundred thousand dollars
($500,000.00) in its 1995 Capital Budget and Program for acquisition of
farmland development rights in the Town of Southold in the Suffolk County
Farmland Preservation Program; and
Whereas, in order to maximize funds and ~cquisitions under the County's
program, the appropriation and expenditure of these County monies is
contingent upon the Town of Southold's commitment to purchase farmland or
farmland development rights of an equivalent value with its own monies; and
Whereas the Town of Southold is willing, on a one-time basis, to partiepate
in this matching program; and
Whereas, there are, as of this date, in excess of one and one-half million
dollars ($1,500,000.00) in the Town's Farmland Bond Program that remain
uncommitted, and there are over five hundred thousand dollars ($500,000.00)
worth of applications currently under consideration, and
Whereas, applyin~ the Town's funds in a matching program with Su/folk
County will result in the purchase and preservation of additional farmlands
or interests therein within the Town of Southold; now, therefore, be it
Resolved, that the Town Board of the Town of Southold hereby commits the
Town to new purchases of additional farmland or farmland development rights
with a value of five hundred thousand dollars ($500,000.00); and, be it
further
Resolved, that expenditure of said funds shall be authorized from the 1994
Town Farmland Bond Issue; and, be it further
Resolved, that the Town Supervisor is hereby authorized to execute any
agreements which may be required by the C6unty of Suffolk to effectuate
the purposes of this resolution; and, be it further
fResolved, that the Town Clerk is hereby directed to convey copies of this
resolution to the Suffolk County Execu~tive, Suffolk County Legislature and
the Suffolk County Planning Department.
22.- Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Huss]e,
Supervisor Wickham.
This resolution was duly ADOPTED.
Councilwoman OIIva,
Councilman Llzewskl,
23.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services to pay
claims on behalf of a Town employee (Councilwoman Ruth Oliva) which
were submitted by the provider more than 90 days after the date of service;
and be it
FURTHER RESOLVED that the Town Board authorizes and directs Lawrence
Healthcare Administrative Services, Inc. to pay a claim on behalf of a
second employee (Senior Accountant John Cushman) which was submitted
by the provider more than 90 days after the date of service.
23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
24.-Moved by Councilman Townsend, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 13th of June, 1995, a Local Law entitled, "A Local Law in
Relation to Certificate of Determination"; and
WHEREAS,this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for their
recommendations and reports; now, there[ore, be it
RESOLVED that the Town Board hereby sets 5:10 P.M., Tuesday, July 11,
1995, Southold Town Hall, Main Road, SouthoId, New York as time place for
a public hearing on thls Local Law, which reads as 'follows:
A Local Law in Relation to Certiflcate of Determination
BE IT ENACTED,by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 1'00-13B is hereby'amended by deleting the following
definition:'
2. Section 100-280G is hereby deleted in its eRtirety:
G. Thc Building-t~el~eeter, at the-r-e~uest cf thc a~t~!ica~shal~
review =nd, if ~pprcpriate, shall issue = ce~!ficste of determiner!on
u~~p~cn cf~~g busincss s~pdct~ ~d/or
i~~~c for ~hc
eh=I! be set by Te,~e~
II. This Local Law shall take effect upon filing with the S~cretary of
State.
* Underline represents additions.
Vote of the · Town Board: Ayes: Justice Evans, Councilwoman
Councilman Townsend, Councilwoman Hussie, Councilman
Supervisor
This resolution was duly ADOPTED.
Ollva,
Lizewski,
25.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and dlrects the Town' Clerk to advertise for bids for one (1) new
Ford LNS000/Swenson Model A.P.B. combination dump body spreader, or
equal, for the Highway Department.
25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham;
rThls resolution was dUIy ADOPTED.
26.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was
RESOLVED that the ToWn. Board of the Town of Southold hereby rescinds
its resolution no. 14, adopted on May 15, 1995, authorizing the rental of a
JENZ American leaf and bag shredder for the Solid Waste Management
District.
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 Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Solld Waste Management Distrlct to rent a Diamond Z tub
grinder, with an operator, from Walnscott Sand and Gravel, to shred
accumulated leaves at the ~andfill, at a cost not to exceed $7,500.00
27.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
28.- Nloved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following budget modifications to the 1995 Solid Waste
Management District budget:
To:
SR8160. 4.100.110 Pre-printed forms $ 1,500.00
From:
SR8160.2.40(1.600 Box Trailers $ 1,500.00
(To cover overdrawn line items and fund future FY95 costs. Purchase
of box trailer will be postponed.)
To:
SR8160.4.400.830 Miscellaneous Supplies $ 1,166.07
From:
SR8160.2.400.600 Box Trailers $ 1,166.07
(To cover new line item created for miscellaneous supply needs - i.e,
bathroom supplies, etc.)
To:
SR8160.4.100.570 Maintenance Payloader #2 $ 3,000.00
From:
SR8160.D~.400.650 Payloader #2 Engine Repair $ 3,000.00
(To cover overdrawn budget llne and provide for ongoing maintenance
costs for this payloader. Engine repair occurred last year.)
To:
SR8160.4.100.580 Vehicle Maintenance Truck #1 $ 1,000.00
From:
SR8160.~.[~00.650 Payloader #2 Engine Repair $ 1,000.00
(To cover expected routine maintenance costs for new truck.)
To:
SR8160.2.500.700 Recycling Area Improvements $ 3,500~00
From:
SR8160.4.400.650 Payloader #4 Engine Repair $ 3,500.00
(To cover overdrawn budget line)
28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
29.-. 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 amendment
to the Lease Agreement between the Town of Southold and the Southold
Town Solid Waste Management District for the purpose of modifying the
payment schedule; said amendment all in accordance with the approval of the
Town Attorney.
29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
30.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund of $150.00 to Lawrence G. Behr, which sum represents
the duplicate payment of a Building Department fee for a swimming pool
permit.
30.- Vote of the Town Board: Ayes: Justice Evans~ Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
31.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
the appointment, by resolution no. 14 or~ June 13, 1995, of Ann TohHI and
Heather Tohill as Lifeguards, whereas they have declined the positions.
31.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
32.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the ToWn Board of the Town of Southold hereby appoints
John Skabry as a Lifeguard (1st year), effective immediately, at a
salary of $7.42 per hour, and Jeremy McCavera as a Lifeguard (7th
year), effective immediately, at a salary of $9.01 per hour.
32.-Vote of the Town Board': Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
33.-Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Personnel Assistant Barbara Rudder to attend a New York
State and local Employees' Retirement System workshop on retirement
reporting at the Islip Public Library, on Wednesday, July 12, 1995,
beginning at 9:30 A.M., and the necessary expenses for travel, using a
Town vehicle shall be a legal charge to the Accounting & Finance
Department's 1995 Budget.
33.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
34.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the American Lung Association of New York to sue New Suffolk
Road, Cutchogue, Bay Avenue and Peconic Bay Boulevard, Mattituck, as
travel routes for their Big Apple Bike Trek on Sunday, October 8, 1995,
between 12 Noon and 2:00 P.M., provided they file with the Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an add[tlonal insured.
34.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
35.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
~uthor|zes and directs the Town Cler~k to advertise for two (2) EISEP
(Expanded In-Home Services for the Elderly Program) Aides, up to 17-1/2
hours per week, at a salary of $6.00 per hour.
35. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
36.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of~ the Town of Southold hereby appoints
Irene Ralco as a full-time Mini Bus Drive, effective June 29, 1995, at a
salary of $11,826.98 per annum.
36 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
37.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Rosemary Wysocki as an Adult Day Care Aide for the Day Care Program,
effective June 29, 1995, 17-1/2 hours per week, at a salary of $6.00 per
hour.
37.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I see it's 8:00 o'clock. Do I hear a resolution to go
into a public hearing?
38,--
Moved by Councilman Townsend, seconded by Supervisor Wickham, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the
purpose of hold a public hearing.
Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wickham.
This resolution was duly ADOPTED.
Meeting reconvened at 8:20 P.M.
SUPERVISOR WICKHAM: We'll resume consideration of the resolutions before
US,
Councilwoman Ollva,
Councilman Lizewski,
Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there was' presented to the Town Board of the Town of
Southold, on the 15th day of May, 1995, a LOcal Law entitled, "A Local
Law in Relation to Providing a Change in the Amount of Veterans'
Exemptions"; and
WHEREAS, a public hearing was held on this Local Law on the 30th day
of May/ 1995, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enact Local Law No. lq - 1995,
which reads as follows:
LOCAL LAW NO. lq - 1995
A Local Law in Relation to Provldlng 'a Change
in the Amount of Veterans' Exemptions
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The purpose of this local law is to maintain the ratio of the amount
of the veterans' exemption to the assessed valuation of property on
which the exemption was .qranted when the ratio may chan.qe as a
result of a revaluation or update of assessments, as authorized by
paraqraph (a) of subdivision 5 of §458 of the Real ProDerty Tax
Law.
Section 85-7 (Veterans' Exemptions) is hereby, added to read as
follows:
if the total assessed value of real property for which an
exemption has been .qranted oursuant to §.458 of the Real
Property Tax Law, has been increased or decreased as a result
of a revaluation or update of assessments in the Town of
SouthOld, and a matS~i~l 8hanqe in level of assessment has
been certified by the State Board of Real Property Services for_
the assessment roll on which such property is assessed, th.e.
assessor shall increase or decrease the amount of such
exemption by multiplying the amount of such exemption by the.
peroenta.qe chan.qe in level of assessment..
In accordance with para.qraph (a) of subdivision 5 of such §458,.
if the assessor receives the certification from the State Board
after the final assessment roll has been filed, the assessor shall
certify the amount of the re-computed exemption to the officer
havinq custody and control of the roll who is directed and
authorized by such statute to enter the re-computed exemption
· on the roll.
II.This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
39.-Moved by Councilwoman Oliva, seconded by Justice Evans,
WHEREAS, the Town of Southold must determine which variances from the
Part 360 regulations it wishes to seek from the New York State Department
of Environmental Conservation as provided for in the Stipulation of
Settlement with that agency; and
WHEREAS, precise boundaries of solid waste buried at the Cutchogue
landfill are unknown, and must be determined prior to seeking these
variances; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Dvirka and Bartilucci to oversee excavation of test pits at
the Cutchogue landfill and to issue a waste delineation report on behalf of
the Town in support of TOwn objectives, all at a cost not to exceed $5,600.
39.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
40.-Moved by Councilman Lizewski, seconded by Councilwoman Hussle, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Jean M. Hogge as provisional Scale Operator, effective immediately, at a
salary of $13.05 per hour.
40.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
41 .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for hamlet residents
to serve on the Architectural Review Committee.
41.-~Vote .of the Town Board~ Aye. s: J. ustice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
42.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
reappoints James H. Rich, Jr., Joseph M. Gold, James H. Pim, and John
Simlclch as members of the Southold Town Land Preservation Committee,
effective July :3, 1995, for a two year through July 3, 1997, they to serve
in said position without compensation.
42.-Vote of the Town Board: Ayes.: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
43.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appornts
Patrick Garsik as a part-time Clerk Typist for the Southold Town Police
Department, effective immediately, at a salary of $6.82 per hour.
43.-Vote of the Town BOard: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
44.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review) of the
Environmental Conservation Law, the Town Board of the Town of Southold,
as lead agency, has determined that the proposed action of Strong's
Marine Inc. for a change of zone from R-80 Low-Density Residential District
to M-I Marine District on certain property located at the end of a
r'ght-of-way off of Camp Mineola Road, and adjacent to James Creek,
1 9 0 Ju.E 27, 199
Mattituck, New York, (SCTM~1000-122-L[-44.2) will not have a significant
effect on the environment and that a Draft Environmental Impact Statement
need not be prepared; and be it
FURTHER RESOLVED that this determination is issued in full
consideration of the Criteria for Determination of Significance contained in
6NYCRR Part 617.11, the Long Environmental Assessment Form Parts I, II
and the following specific reasons:
I. The Town of Southold Tntste~s, conside~e.d the action in total, with regard to physical activities within
the jurisdiction of the Trustees under the Wetlands Ordinance. The Trustees have issued a Negative
Declaration, Finding thfit the proposed site improvements (indudlng those on the proposed rezonlng
parcel), would not have a slgnlllcant impact on the environment. Th;~ determination was based on an
envLronmental assessment, and field inspection by the Board of Trustees. A permit for activity was
~ued on January 26, 1995 for the proposed action.
2. The proposed project site is not overly senqitlve, as it is partially used at present for maHaa/boatyard
related activities. Accordmgly, domestic and commercial Lmpacts have already resulted m an altered
environment, consistent with the use, Much of the area of the proposed zone change consists of dredge
spoil, and dyked areas as well as spoil are evident on site. The site is not used with any great inteusity,
and under the proposal, the intensity of use will not significantly increase.
3.. NYSDEC maintains jurlsdicfion over any activity on site under Article 25 of the NYS Environmental
Conservation Law (ECL)/with implementIng regulations of 6 NYCRR Part 661, Tidal Wetlands l.and
Use Regulations. Although no vegetated tidal wetlands exist on site, the NYSDEC malntalrte jurisdiction
*dthin 300 feet of the waterway, where there ks no btdkheadlng. In addition, the Town Trustees maintain
iurisdlction over actlvities within 75 t'eet of the waterway under Town-Code. Therefore, any activities
currently not permltted, would bo subject to further review for potential impact on the primary site
environmental re.source - the wetlands.
it ,The applicant proposes to leave a mammum :50 scenic easement along the northw~t part of the site
adjacent the dredged canal. Thls has nkunerous mitigative benefit3. VLsual impact of cun'ent and future
operations are lessened, as well as noise buffering, preservation of natural habitat, bank stabil;~-ation, and
[imitation on access to the dredged e. anaL $. The project will not set slgnilScant precedent because it is
a tmique scenario.
6 .The project site is adjacent to an existing marina in an MI zone, and therefore is less conducive for the
low density residentlal development current allowed on the project sit&
7 .The proposed action has llmlted potential for expan-4on due to geographic Iimltations associated with the
adjacent waterways.
8.;Although the action was not recommended in recent master plan updatesl the action appears consistent
with Town comprehensive planning and would resolve a current disparity with regard to R-80 zoning
adjacent with MI Il.se, as well as existing non'.conforming uses in an R-80 zone.
9. The action appears to be consistent with State Coastal Policies under the Local Waterfront
Revitalization Program with regard to promoting public access and use of the waterway.
10. The project is for a change of zone, and further review under the Planning Board Site Plan Review
proce~ will bo necessm'y for any future action on the project site.
1 ~ . Given proposed mitigation, limitations on expan.qi0t!, and the fact that the facility is currently in
operation, the use appears to bo compatible with areas'adjacent the site. In addition, given the CUrrent
use of the proposed change of zone parcel, the. limitations on anticipated use, the regulations over fu~are
site alteration, and the scenlc easement, the proposed action ks not expected to have a slgnlficant
environmental impact.
44.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilman Lizewski, Supervlsor Wickham. No:
Councilwoman Hussie.
Ti~is resolution was duly ADOPTED.
45.
-Moved by Supervisor Wickham, seconded by Justice Evans,
WHEREAS, Strong's Marine, Inc., by application dated April 16, 1995,
petitioned the Town Board of the town of Southold for a change of zone on
certain property located at the end of a right-of-way off of Camp Mineola
Road, and adjacent to James Creek, Mattituck, N.Y., from R-80 Low Density
Residential District to M-I Marine District; and
WHEREAS, THE Southold Town Planning Board and the Suffolk County
Department of Planning have prepared official reports and recommendation on
the aforesaid petition; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 2~,
199~, Southold Town Hall, Main Road, Southold, New York, as time and
place for a public hearing on the petition of Strong's Marine, Inc. for a
change of zone, at which time all interested persons desiring to be heard
should appear at the time and place above so specified; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to cause notice of said hearing to be published in the official
newspaper pursuant tot he requirements of law.
~is.-vote of the Town Board: Ayes: Justlce Evans,
Councilman Townsend, Councilwoman Hussie,
Supervisor Wlckham.
This resolution was duly ADOPTED.
Councilwoman Oliva,
Councilman Lizewskl,
46.-Moved by Councilwoman Olvia, seconded by Supervisor Wlckham, 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 ~tLt 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 Front Yard
Setback", which amends Chapter 100 (Zoning) of the Code of the Town of
Southold, be prescribing the front yard setback requirements for business,
office and industrial districts. 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.
q6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, . Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
~7.-Moved by Councilwoman Oliva, seconded by Councilman Townsend,
WHEREAS,there was presented to the Town Board of the Town of
Southold, on the .27th~day of June, 1995, a Local Law entitled, A Local
Law in Relation to Front Yard Setbacks"; now, therefore, be it
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, ali in accordance with
the Southold Town Code and the Suffolk County Charter. This Local Law
reads as follows;
A Local Law in Relation to Front Yard Setback
'BE IT ENACTED, by 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:
1. Section 100-83 (Frontyard 'Setbacks) is hereby added, as follows:
Structures shall be set back. at .least one hundred (100) feet from the
ri.qht-of-way:
(~
There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontyard setback shall be
the avera.qe of the setbacks of the adjacent parcels.
(c)
A proiect shall be divided into separate structures so that no sin.qle
structure shall have more than sixty (60) linear feet of frontaqe on
one street; The setbacks of multiple structures on a parcel may
vary, provided that the averaqe setback of the structures meets the
setback required above and all buildinqs are at least seventy-five
(75) feet from the ri,qht-of-way.
Section100-103 (Frontyard Setbacks) is hereby added as fc Ilows:
(a_l Structures shall be set back at least one hundred (100) feet from the
ri,qhtTof-way.
19 2 ,UNE 27, ,99,
(b_l
(c)
There shall be an exception to (a) if the adiacent parcels are
developed, in which case the minimum frontyard setback shall be
.the avera,qe of the setbacks of the adiacent parcels.
A project shall be divided into separate structures so that no sin.qle
structure shall have more than sixty (60) linear feet of frontaqe on
one street. The setbacks of multiple structures on a parcel may
~ary, provided that the avera,qe setback of the structures meets the
setback required above and all buildin.qs are at least seventy-five
(75) feet from the ri,qht-of-way.
3. Section 100-14.3 (Frontyard Setbacks) is hereby added as follows:
(a_) Structures shall be set back at least one hundred (100) feet from th~.
ri,qht-of-way.
There shall be an exception to (a) if the adjacent parcels arc,
developed, in which case the minimum frontyard setback shall be
the avera,q ,e of the setbacks of the adjacent parcels.
(c)
A project shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of fronta,qe on
one street. The setbacks of multiple structures on a parcel may
vary, provided that the avera.qe setback of the structures meets the
setback required above and all buildinqs are at least seventy-five
(75) feet from the ri,qht-of-way.
4. Section 100-133 (Frontyard Setbacks) is hereby added as follows:
(a_). Structures shall be set back at least one hundred (100) feet from the
ri,qht-of-way.
(b_)
There shall be an exception to (a) if the adjacent parcels are
developed, in which case the minimum frontyard setback shall be
the averaqe of the setbacks of the adjacent parcels.
A project Shall be divided into separate structures so that no single
structure shall have more than sixty (60) linear feet of fronta.qe on
one street. The setbacks qf multiple structures on a parcel may
vary, provided that the averaqe setback of the structures meets the
setback required above and all buildinqs are at least seventy-five
(75) feet from the ri.qht-of-way.
Bulk Schedule for Business, Office and Industrial Districts is hereby
amended as shown on attached page.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
** Strlkethrough represents deletions.
Town o[ Soulhold
Bulk Schedule lor Business, Olfice and lnduslrial Dislricls
LIO
47.-Vote of the Tow. n Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
48.-Moved by Councilman Townsend, seconded by Councilwoman Ollva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, 5tare Environmental Quality Review Act, and 6NYCRR Part 617.10,
-and Chapter q~, of the Code of the Town of 5outhold, 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 Land
Clearing", which amends Chapter. 100 (Zoning) of the Code of the Town of
Southold, to allow owners to take advantage of the existing vegetation
on-site when developing a landscaping plan as part of the slte plan
approval, and to prevent clear cutting' of properties prior to site plan
approval. The proposal has been determined not to have a significant effect
on the environment because an E~vironmental 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.
48.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: I think it might be advisable to read out what this
"Local Law in Relation to Land Clearing", how it reads just for purposes of
clarification. The reading of this Local Law is as follow: Intent, the
purpose of this ordinance is to allow owners to take advantage of the
existing vegetation on-site when developing a landscaplng plan as part of
site plan approval, and to prevent clear cutting of properties prior to site
plan approval. This only applies to business properties, not to residential
properties.
zI9.-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of Town of Southold,
on the 27th day of June, 1995, a Local Law entitled, "A Local Law in
Relation to Land Clearing"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this 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 follow:
A Local Law in Relation to Land Clearing
BE IT ENACTED, by 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:
INTENT: The purpose of this ordinance is to allow owners to take
advanta~le of the existing vegetation on-site when developing a
a landscaping plan' as part of site plan approval, and to prevent
clear cuttin~l of properties prior to site plan approval.
1. Section t00-259 (Land Clearing) is hereby added to read as
follows:
No person shall undertake or carry out land clearing, including
grading, clearing, cutting and filling, excavating or tree
removal associated therewith, without fist having obtained
site plan approval. Weeding,' gardening, mowing, and the
selective prunin~l of vegetation or selective cutting of diseased
or dead trees shall not be included herein. Any landowner found
guilty of violating this seCtion shall be fined up to five
thousand dollars ($5,000). Site plan approval shall be withheld
until and unless a plant restoration plan for that site is
approved by the Planning Board. .
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
49.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
CounCilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was ~duly ADOPTED.
SUPERVISOR WICKHAM: Number 50 is a resolution that we could take up
regarding the matter that went to public hearing tonight on Lot Creation and
Merger. I think the Board would like to chew on that for a week or two.
There is a lot of meat in there to chew on. We do have one more
resolutions. That's number 51.
51.-Moved by Supervisor Wickham, seconded'by Councilwo~nan Oliva,
WHEREAS, NYSDEC has adopted landfill capping and closure regulations
under ECL Part 360 that treat essentially all landfills in New York State
similarly irrespective of their conditions, and
WHEREAS capping inactive landfills with the required Iow-permeability
bai'rier layer would place a financial burden on the Town of Southold in
excess of seven million dollars, and
WHEREAS extensive hydrogeological monitoring in areas in and around the
Southold Town landfill clearly indicates that groundwater protection for
residents potentially affected by landfill leachate can be achieved at a
fraction of this cost and in ways that the Town is prepared to commit to, and
WHEREAS Governor George A. Pataki's Office of Regulatory Reform has
proposed a temporary suspension of landfill closure for inactive
non-hazardous landfills in the state pending a review of said regulations,
now, therefore be it
RESOLVED that- the Town Board of the Town of Southold calls upon
Governor Pataki and NYSDEC Commissioner Zagata to announce said
suspension, and be it further
RESOLVED that the Town of Southold wishes to participate in the
regulatory review to be undertaken pursuant to the suspension.
51 .~/ote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That completes the agenda of resolutions before
us. It's now an opportunity for anyone in the audience to address the Board
on any matter of your interest, not limited to those that are on the agenda.
CARLA BLASKO: My name is Carla Blasko. This is an open letter to
Supervisor Wickham, and the entire Southold Town Board. This letter is to
express the frustration and dissatisfaction with our local Town officials.
I'm the wife of Gary Blasko, and after whet we have been through in the
past six months with local politics, I would llke to set the record straight
on many matters, and ask the Southold Town Board several questions that I
hope to get answers to. Several people have asked my husband and I if his
job with Southampton Town Police Department is the reason why he declined
the position with Southold Town Police Department? The answer is yes, but
that is only a small fraction of the reason. The other reasons were stated
in the letter to Supervisor Wickham and the S0uthold Town Board, which
Supervisor Wickham choose not to make public. I'm making those reasons
public. These are the reasons as stated in the letter dated May 19, 1995.
The Board voted on Monday, May !5, 1995 to hire my husband and Steve
Ryan .for the Southold Town Police Department. My husband did not get
notified until 1:20 P.M., Thursday, May 18, 1995, wanting my husband to
start on Monday, May 22, 1995. The Southold Town Board expected my
husband to give his employer, Southampton Town Police, only four days
notice. My husband stated that this was unprofessional, and inconsiderate.
The fact that, also, according to Civil Service Law .the hirings appeared to
be in direct violation of hiring practices. When asked what would happen, if
Civil Service CoUld put an injunction on these hirings, nobody would give
my husband an answer. The fact that the Board would expect my husband
tO enforce State and Local laws, when it appears some of the Board members
don't even respect these laws. The fact that the salary offered was
$21,600., this is an insult to these men that have had years of training,
and experience. My husband could stay home, and collect that little on
unemployment, and yet not risk his life. My husband did commend Board
members Alice Hussie, and Joseph Lizewski, for their integrity and
common sense to stand firm on this delicate situation. I'm proud to say
that my husband, Gary Blasko, i,s employed by the Southampton Town
Police Department, and will be until he retires. I thank God every day that
he did not accept the position with Southold Town Police, only. because he
'would be jQbless right now, just as Steve Ryan is. The following qUestion
are based on articles that I have read in all the local newspapers, or
watched on: our local cable channels. These questions are not ~ccusing:any
of the Board members of wrong doing, but are asking the question{ that the
public has ~he right, to know the answers to. My questions to Supervisor
Wlckham, and :Southold Town Board are, why is it that when Civil Service
s~ate.d, that the, whot.e payro I' was decertlfled as long as you were in
v oiat on of ~ivll Service Law, and :that you would be p~rsonall~ responsible
for the salaries of ail S0Uth~ld Town Police officers, ~/ou qulc~ y I~Yed off
Office Steve Ryan? Was ,it because the pay would be taken out of your
pocket~ and:not the taxpayers?· Speaking of the taxpayers' money, do.,.y, ou
realize: the for" Southold Town Police since the abolitiOn
$150,000., and it could be more? This was,n't
sup[ cost taxpayers of this town a penny. Who is going to paY, for
all fees :that have occurred in the past monf~hs in reference to
these .paid one officer money to remove himself from the
preferred paid for a private inveStlgat~r, which yo,u gave
lease it's content, or use it for any hlrihgs.
Doe., nformation that you wanted to see? I'd like to see
this report~ After all. we' as the residents of Southold Town are paying for
it. or ~s not for the public's knowledge? Also, do you and the Board
members any reg~ families o'f these men? I seriously doubt it.
'd
These, n,,that they must prow e for, and it se;ems llke you
d:on~t care.i These men could lose their homes. Again, I don!t think y!ou
care. : ,Not only is this a political question, but also a question of human
decency. Hiere you have two men, and all they want to do 'is go to work,
serve this community in which they llve, and provide for their i;~milies,' and
sit up th. er~ .cl. angllng these jobs in front of them like it's a bone for a dog
with no mt~ntlons of hiring, unless you can pick, and choose however you
want, Unless you hire one of these officers in proper order y. ou c.an't hire
a~3 officer Is this fair to all thee families in th~s town?
more overtime expense, and the bottom
llne :,is us, the taxpayers' poc~ets~ with: not~hlhg in
1 9 6 JuNE
return. Why do you have such a vengeance for Eric Heins? Have you ever
looked at the statistics from him, w.hen he was with the Creenport Police
Department? Before. the media and political attention, he had a good name
for himself, and now you restrict him of what is simply rumor and
allegations. You keep mentioning the Crand Jury report. The report was
sealed. Nothing ever came from it, except a bill for the taxpayers. Why
don't you hire him, and then things will be simply fall into place? He was
a food police officer. Let him prove to you that he was, and still is a good
man. Would about Steve Ryan? Here you-have a man, that wants to work:
You let him work for about a month, but because of your actions he and his
family are paying the price. According to the local newspapers, you and the
Board knew that you were doing wrong to hire him, but you didn't care~ It
wasn't your family, that would be affected. My last point is, I'm amazed
that Louisa .Evans, who is a Judge, apparently knowingly violates Civil
Service Law, and maybe she wasn't thinking when she voted on this matter.
She should do a little research before voting on any Civil Service matters.
My question is, if Supervisor Wickham supposedly committed a misdemeanor
with this act, and Louisa Evans you voted, yes, also, does that mean you're
guilty of a misdemeanor, too, and if so, can you still act as a Justice of
the Court? In closing, Alice Hussie and Joseph Lizewski, had committed
in making the right choices. You have our votes, and I have other
candidates to chose from in the next election. Supervisor Wickham, you have
my and my husband's number. Thank you.
SUPERVISOR WICKHAM: Maybe the way to do this .would be to respond to
you through your number, rather than doing so openly. Let me just say,
let me just speak very broadly. I really have to say, on the part of all of
the Board, including Alice and Joe who you spoke about, I really don't
think there's any significant political content to the decisions. They have
been unfortunate decisions. I understand they've hurt families. I understand
they've difficult aod hard on those families, but the one thing I hav~ to
say, I really don't think, maybe I'm naive about this, I really don't think
on any of us, that there's been a significant political element to those
decisions. The second' thing I'll say is that Civil Service rules and
regulations have been a very significant constraint to what the Town can
do, and some of the harm and hurt is a result of those binding constraints.
If we didn't have to live within those it would have been mu. ch easier fo.~ us
to have done what, I, at least think would have been the right thing, u~ut,
· ' I will respond to those letters. Let me just say, on the issue of the delay
in getting to your husband. It's true. 'We enacted a resolution on a Tuesday
night, on a Monday night, and we didn't get to him until a Thursday
afternoon. It's true, and when I found that I put up a resolution to the
Board to modify, to change, our procedures for informing candidates of
their having been appointment, so these delays wouldn't happen again. It
was inadvertent, bu~ it wasn't political, and it wasn't a slap, or an intent
to bias. But, I'll respond to those questions, and I will do so happily.
Does anyone else wish to address any o7 these points?
LINDA FLETCHER: Good evening, 'Supervisor Wickham, and members of the
Board. My name is Linda 'Fletcher, and I'm here. tonight representing the
North Fork Environmental Council. I have tonight, once again, petitions to
present to you with over a hundred names on them, and there probably will
be more coming in..I probably can double that number by the end of the
week. These petitions, once again, ask for action on your part to take
action on the CoFam Reality project out on the Main Road in Mattituck. I
know we've asked for this before, and I know what your responses are
going to be, and I would just like to say that you know as well as I do, and
as well as every member of this audience does, that when you want to do
something, when anyone of us wants to .do something, we can find a way to
do it. I think there's an old saying that where there is a will there is a
way. I would like to remind you that it seems to many of us in this town,
that there is apparently lacking a political will on your part to find a way
a way to do something abbut this project. We are asking you, once again~ to
find a way, and to do it today. Thank you very much.
SUPERVISOR WICKHAM: Would anyone on the Board like to respond to that?
COUNCILMAN TOWNSEND: You have been before us before on the
CoFam project, the McDonald's project, and you have asked us to stop this
project. We looked at the information you presented to us, and we discussed
it, and we felt that there was enough substance for this Board to
take action. It's easy to say, you can find a way, but I think you have to
have- a basis before you take an action like that, to jeopardize the
taxpayers' money. It's not that I, or any other member of this Board is
either a big fan of McDonald's, but there is fairness, and you can't, in my
opinion, trump a case if you don't feel that one exists. Now, this is first
time I've responded directly to it, but that's how I feel. We've taken
measures, and they may have been late, but we've taken measures to try to
improve the future in relation to this kind of establishment, and put them
in areas where they would be most appropriate, and where they won't create
as much as a problem, but as far as this particular issue is concerned, this
particular location, I think that we looked at it carefully, and the Town
Board feels that we can't initiate action. As far as you are concerned, as
far as the North Fork Environmental Council, they are taking the proper
action, in my opinion. They're carrying the ball, and they are not
jeopardizing taxpayers~ money. They're spending that people that are
concerned about that issue want to spend, and so in that sense I think that
is the proper procedure.
LINDA FLETCHER: I'd like to respond to that. You mean, we're not
jeopardizing taxpayers' money, you may, or may not know, this suit was
filed yesterday, How do you intend to defend it? Are you taking money
out of your own private pockets?
COUNCILMAN TOWNSEND: As you may, or may not know, the Board of
Appeals is an independent Board. We do finance, it, but they are an
independent Board.
LINDA FLETCHER: Where does the financing come from?
COUNCILMAN TOWNSEND: It comes from the Town.
LINDA FLETCHER: It comes from everyone of us sitting here.
COUNCILMAN TOWNSEND: That's right. The point is that if you sue us,
if we took an action against CoFam, and they sued us, they would have a
very strong case for damages and so forth. My feeling .s, that..I can't
really get into..l'm not going to characterize the case, but I feel in terms
of our overall responsibility to the taxpayers, we have done what we should
have done.
SUPERVISOR WICKHAM: I would just like to respond briefly. We've just
heard in the previous speaker, who spoke right before you, about the
difficulties that the Board faces when it attempts to find a will to do
something. We thought we had a. will to do, and you know the consequences
of that. She outlined quite exp~llcitly what those consequences have been.
When ever the Board takes on a <~ontroversial issue we have weight, first
the risks to the Town. Many. of us 'actually have sympathies in line with
what the North Fork Environmental Council is trying to do, and what the
petitioners have done. In deed, the majority of this Board have sympathies
on record, as being in the same direction because we changed the zone, so
that such a place can not be built in that zone again. But, the applicants
got a permit to construct prior to our changing the Code. I didn't feel that
there was a legal way to remove that from them. It's like a legal right. We
looked at it. We looked, if there aren't ways that we can contrive to do it,
and it is, I suppose, true. We could have contrived something, and we could
have made that case. But it would have been very risky, and we don't
represent just people who want to see that applications stopped. We now
represent the Town, and we represent the Town Code, and we represent the
law that's behind it, and I, at least, I can't speak for the rest of the
Board, but, I, at least, felt that in this case it would be imprudent, as a
steward of the town, to try to pull the permit, or to stop them in some way
after they had already received the permit. If there's a fault, the fault is
that we didn't move quickly enough to put that change of zone in before
they got here.
LINDA FLETCHER: I'd like to respond to that. I'm sorry I keep responding
to all these things, but this is something that's been bothering me for a
long time. I remember the night when all of you were swept into office. It
was quite a glorious night, Every candidate, that was fielded, won. It was a
feeling of royal jubilation, and if you didn't have a mandate then to
protect this town from this issue, which has been going on for five years, I
1 9 8 JUNE 27, 1995
don't really know who did have a mandate. You had four months. This is
hindsight now. There were four months to enact the legislation. I know
personally that the first time you sat down at this meeting, when you took
office, a draft was put before you. You didn't get it done. These people did
not vest their rights in time. I think they are trying to say that the
attorney, that we hired, that this is a weak case. I take issue with that,
and I take issue with the fact that you were mandated to maintain the rural
character of this town, and you have fallen down on the job.
SUPERVISOR WICKHAM:
tonig hr?
Would anyone else like to address the Board
FRANK CARLIN: Frank Carlin, I finally get to meet Linda Fletcher. I'm
glad she's here. I don't like speaking behind someone's back, but when I
seen McDonald's being built, finally, I hoped that this issue would have
been put to bed, but I see it isn't, and as long as Linda Fletcher wants to
continue on I shall also do so. I shall never, and I repeat never, wave the
white flag, or surrender. What we should nave had instead of a Mac party
was a benefit for homeless and sick' children llke McDonald's has. Now,
let's get into~ some issues here. If you were to tour that area right now,
walk around it, you'll see sidewalks, Belgium block, stockade fences are
going to be installed on both sides, east and west. It's going to be a
beautiful facility. It will be a role model for Southold Town. Southold
Town, for once, will take a step forward, instead of two steps backwards.
Now, let's go into more facts about drive-thru's. You have several
drive-thru's in the Village of Mattituck. I'm sorry, you have several food
facilities in Mattituck Village, that you required to back out. Now, I'm not
blaming the facility for this. I'm using this as a example. It's more
difficult to back out, than it is to drive-through. You go right down the
street here to Route 25 where the North Fork Bank is, you're driving in to
Young's Avenue, a,nd you come out on Route 25, Main Street, only 150 feet
from the traffic light intersection. Actually a gas station is considered a
drive-through, because you drive in, you pump the gas, and you drive out.
Logic, reasoning, that's what ought to prevail in this case. Common sense. I
understand, Mr. Wickham, and Councilwoman Oliva, you support DARE
Program, right7 I applaud you for that, and so does McDonald's, and many
other programs. You know, you really go to consider this, like I said, a
role model for Southold. It will be beautiful. The landscape, and
~everything, and the way the plans ar,e, it will be beautiful. I applaud the
Town Board. I applaud you for sticking by, and to know when to back off,
and know when you're right or wrong, because I tell you, the things that I
mentioned, those three items about the back-outs in Mattituck, the
drive-thru here in the bank, and also the gas stations. I don't know when
you said in the newspaper, Tom, we believe we're on a strong legal ground.
Time will tell. (Tape change.) I want to finish. I don't have the
opportunity to have my picture, and my line-up in the newspaper all of
time. i got to do it right here.. I don't have that kind of pleasure. I have
to express my thoughts here, and I'm doing them tonight, and I'll repeat
again, I'm not waving the white flag, and I will never surrender. I'm not
afraid of anybody, i'11 challenge them here, or television, or anyplace. I
got another thing I want to speak on. One more item before I sit down. This
is about the YMCA. I'm not against it. I'm not for it. If you're going to
have it fine. I understand you are going to have it in Laurel. Fine, It's
going to be north of the baseball field, right? Right, north of the
baseball field, between the baseball field, and the lake, right?
SUPERVISOR WICKHAM: I'm not certain exactly where that is going to go.
FRANK CARLIN: Well, it said in that area. Fine, but you have to consider
one thing. You know eventually some youngster will eventually travel down
around through that lake. Keep this in mind. If they fall in the lake and
drown you are going to be libel for it. Keep that in mind. I'm glad you're
having it on the north side, like in said in the paper, of the baseball
field, because ! don't want you to destroy that beautiful park we have there
with the monkey bars, swings, and the slides, picnic benches, and the two
Little League baseball fields, that Jean Cochran, when she was
Councilwoman developed. Thank you.
SUPERVISOR WICKHAM: Would anyone else like to address the Town Board
on any matter of your interest today?
i 9 9
RONNIE WACKER: i just wanted to make one thing quite clear to Mr.
Carlln. My name is Ronnle Wacker, and I'm from Cutchogue. That you
are not opposing Linda Fletcher. Linda Fletcher is presenting this charge
all by herself. She is representing the NFEC, which has a membership of
a thousand households. So you are one person against this large group,
who don't agree with you. I wasn't intending to scare you. I just wanted to
present the facts. I wanted to thank the Town Board for it's work on the
law in relation to land clearing. This is something that should have been
done a long time ago, and I'm glad to see-is'being done now. I was thinking
that as far as McDonald's is concerned that the Town Board would be within
it's right to issue a stop work order, only in that there is so much
confusion about the legality of it, that it would seem to me that it would
be, and I'm not a lawyer of course, an action that would make sense, to
stop the work until all sides can talk this out, and can come to some legal
understanding. I think the Town would like to see this. We don't understand
exactly why this stop work order has not been issued, since there is so
much Opposition. We'd like to see it cleared up. I feel you would be within
your rights to do that. Thank you.
SUPERVISOR WICKHAM: Before inviting Mr. Carlin to address the Board,
again, is there anyone else in the audience, who would llke to address the
Board tonight? (No response.) If not, Mr. Carlln?
FRANK CARLIN: Just a couple of things I want to mention here, Tom. I
understand the flag pole.. I might be wrong, I might not be. I might right.
I might be wrong. I don't know for sure, but I was told that a flag pole is
not included in the plans in this McDonald's. That was told to me by
someone from good source. Now, if it isn't included, and the owner so
wishes to do so, is he going to be prevented from putting up flag pole to
display the American Flag?
SUPERVISOR WICKHAM: I have no idea what the Planning Board has, or
has not required in the area of flag poles.
FRANK CARLIN: But if it wasn't on there, and you requested it, and if
he wishes to do so?
SUPERVISOR WICKHAM:
~things.
I'm sure there's a mechanism for resolving these
FRANK CARLIN: Right. You have one right out there at the Town Hall.
You have them all over. You wouldn't deprive someone of flying the
American Flag, law or no law, would you, Tom?
SUPERVISOR WICKHAM: That's right.
FRANK CARLIN: Let's face .it. An0the~ thing is, they went to all that
this morning, McDonald's representative went to it this morning, I
understand, went through all the details, that was an all day meeting this
morning what ever they had, and everything is going fine, and you
probably see it by August one.
SUPERVISOR WICKHAM: Is there anyone else in the audience, that would
like to address the Town Board this evening7 (No response.) If not, I'll
turn to the Board. Any members of the Board, who would llke to address
ourselves, or the audience?
COUNCILWOMAN OLIVA: I'd just like to bring you up to date on something
that I think is very important, that has been happening in the town, and
that is the creation of a Anti-Bias Task Force. We started to have a meeting
back in the early part of May, and we had an extremely good turnout. We
had about thirty-five to forty people here, who were concerned, and
interested in developing some sort of a Anti-Bias Task Force, so we decided
to have another meeting which we held the first week of June. We had a
good working group. We got down to some nitty-gritty comments of what was
going on, and the problems that we are facing in this town, and the
realization that there is discrimination among many different groups in this
town. We thought we would ask the Town Board for some sort of
legarizatlon, and confirmation of this Task Force, and they have said in the
next couple of weeks we will draw up something to make it kind of an
official committee of this town. We're going to meeting Thursday, July
6th, at 11:00 o'clock in the morning, and I would certainly urge anybody
that has an interest in this to, please, come out, and take part in this. I
think it's a very important endeavor. We are going to work this summer on
some sort Of a plan to help the schools with any types of discrimination,
that they may face come the fall, so that we can work as an intermediary
between the schools, and those people that feel they are being discriminated
against, no matter who they are, or what they are. I think it's very
important. We have Rabbi Moss here from Suffolk County Anti-Bias Task
Force helping us to organize this. Our committee, we have a minister here
from Mattituck, Reverend Marvin Doscher, who is very interested in doing
this, and I do, and the TV audience, if you're interested, please, do come
out. Again, it's July 6, Thursday, at 11:00 o'clock in the morning right
here in Town Hall. Thank you.
SUPERVISOR WICKHAM: I'd just like to comment, I spent Thursday of last
week in Albany discussing with the State of New York about the
arrangements for the closing of Cutchogue Landfill. One of the positions,
that we have taken in the town, and as a Board, and also the Suffolk
County Board of Supervisors, and the Association of Towns, is that all
landfills are not created equal. Some are more of a threat to the
environment, than others, and a town llke Southold, that has a landfill that
is not a contributor in any significant way in contamination of the
groundwater, should not be required to invest in a plastic cap over the old
landfill. We have about thirty acres of extent of our landfill, which would
cost six or seven million dollars, or even more when interest charges, etc.
are added. We have promoted to the State alternative means of reserving the
water quality in the area around the Landfill. We're in extensive
discussions with them. We're hopeful that in due course the State will
recognize that there are different ways to treat landfills, and that there
are some far less costly ones appropriate to our Landfill.
COUNCILWOMAN OLIVA: Just one more thing, I hope all of you will drive
by Town Beach, and see what improvements are going on down there. We
said at the beginning of this years, that we wanted to promote our beaches,
and Tom, and the Board, have created a Parks and Recreation Committee.
Jean Cochran is the head of it with myself on it, with myself on it, and
Jim McMann, and Peg Murphy, and Ken Reeves. They've done such a
.wonderful job, really. We wanted to promote the beaches to have beaches
~.would look appealing, so people would stop there. If you went by Town
Beach last year, you didn't see hardly anybody there. If you did, they
were parking on the highway, but now we have lower the price. We are
really fixing up the beach. I want to thank all those wonderful Girls
Scouts, and their Moms, and everybody for the hot dogs, and the Coke,
afterwards. We all got together last Friday afternoon. Supervisor Wickham
cut the ribbon, and they planted all these flowers in the flower boxes. We
have new recreational equipment there, the slides, and the swings, and
they're going to have hlba~:hi's, and a few tables and chairs, and even that
grassy area, as the weeks unfold,, you're going to see those planted with
nice shrubs, and what have you. So, we're really trying to dress up the
beaches, so, people will come to our beaches instead of coming to our road
ends, which we kind of like to think as our own beach, but if we can have
a beach that we're really proud of, I think more people will come to it, and
we're also fixing up Norman Kllpp Part at Gull Pond, and this another
lovely beach, and I hope you will start taking a look at that. I just want
to thank the whole committee, and especially all those Cirl Scouts, and
their Moms. Thanks so much.
SUPERVISOR WICKHAM: As Ruth said, the Chair of the committee is Jean
Cochran. She really did a wonderful job, and speaking for myself, she did
such a good job, I just hope she stays in that capacity for a long time.
Anything else tonight?
DEBBIE SIDLAUSKAS; I just have one question in regard to the beaches.
Debble Sidlauskas from Mattltuck. I remember a while back about the no
parking. I can't remember the exact roads, and that's why I'm here, to see
if anyone does remember. I thought Peconlc Bay Boulevard by Veteran's
Memorial Park was, also, on the no parking.
COUNCILWOMAN OLIVA: Every road end is, parking by permit only.
DEBBIE SIDLAUSKAS: That's what I thought, and I thought Peconic Bay
Boulevard was, also, because it's Bay Avenue, and then Pecon|c Bay
Boulevard together there, and I thought Peconic Bay was, also, supposed to
be, no parking.
SUPERVISOR WICKHAM: I don't think so, but we can check in our records.
We can get back to you tomorrow.
DEBBIE SIDLAUSKAS: Okay, I thought when I read it that they said
Peconic Bay, and I said, well, that good. Maybe it was just where they
meet, or whatever. ! think it should be, because everybody parks there,
and walks into the beach, and they don't pay, and they're from
out-of-town, and I don't mind theymre being there, but it's unfair.
SUPERVISOR WICKHAM: Do I hear a motion to adjourn?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the town Board meeting be and hereby is adjourned at 9:15
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.
./~ Judith T. Terry
Southold Town Clerk