HomeMy WebLinkAboutTB-08/08/19952 6'6
SOUTHOLD TOWN BOARD
AUGUST 8, 1995
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski (10:30 AM),
Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., CounciJwoman
Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town
Attorney Laury L. Dowd.
9:10 A.M. - Vincent Annabel. met with the Board to request a permit for the trailer
located on his property on Eugene's Creek, Cutchogue. The property was purchased
by Mr. Annabel's family in 1926, and a trailer put on the property in 1955 as a
summer home. Mr. Annabel was issued a violation by the Town Investigato~ after
a neighbor complained about 'the trailer being on the property, and the it Was
discovered he did not have a permit. The Board agreed that the trailer iS non-
conforming, and Mr. Annabel should be issued a permit (resolution 17).
9:25 A.M. - Dr. Elizabeth Blake, Provost of Suffolk County Community ~ollege,
Joseph Gergala and Kermit Graf of Cornell Cooperative Extension of Suffolk ~ounty,
and Theresa Watkins, representing The' Board of Cooperative Education Services
(BOCES), met with the Town Board to make a presentation on a proposal for a
Regional Education Center and plan consolidating SCCC, CCE and BOCES at a
central location. The facility, to be developed in two phases would cost
approximately $2.~,000,000, and is viewed as a national model showcasing extensive
economic, fiscal and program benefits to the region due to consolidation and
cooperation ~mon9 agencies.
t0:20 A.M. - Board discussed a letter from the Southold Fire District requesting
the Town to pursue compliance with Section 100-235 of the Town Code, which states
that access roads must be clear for a width of 15 feet feet and a height of 15 feet,
and. must be free from potholes,, ruts and other defects. Supervisor Wickham said
he never agreed with this provision of the Code, and feels it should be removed,
The matter was referred to the Code Committee for study.----The next item for dis-
cussion was the Strong's Marine change 'of zone petition. Supervisor Wickham asked
the Board if they wished to readdress ~he appropriateness of the Negative
Declaration w. ith regard to this petitio,n. It was the consensus of the Board that
the Town's consultant, Charles Voorhis, should be invited to the A. ugust 22nd work
session to discuss this' matter. Jeffrey Strong, owner of Strong's Marina, was in
attendance, and reminded the Board that contrary to a recent letter of Christopher
Kelly, attorney for a neighbor, a thorough review of the petition was conducted by
Charles Voorhis on behalf of the Town, for which Mr. Strong paid the cost. He
further pointed out that he has worked closely with the Town Trustees who iust this
year conducted an environmental review and issued him a Wetland Permit.
Supervisor Wickham assured Mr. Strong that the Board would endeavor to make a
decision on the petition at their 'August 22nd work session.----
10:35 A.M. - A large contingent from the Orient Association fill the meeting hall
durin9 this discussion with some of their members who have formed a task force,
callin9 themselves "Southold Citizens for Safe Roads". Supervisor Wickham gave
an overview of the recent events surrounding the new high speed Cross Sound
Ferry Service which has caused great concern and hardship to most residents of
Orient and East Marion, concluding with the fact the Town Board recently hired
Attorney Frank Yakaboski to represent the Planning Board in dealing with Cross
Sound. The following individuals made presentations, and their statements are on
file in the Town Clerk's Office: Thor Hanson, Chairman of the Southold Citizens
for Safe Roads, Charles Murrin, Tom Murray, HaroldJ Watson, Freddi~ W~iChsberger,
and lastly Attorney Eric Bressler who is representing the group.
11:25 A.M. Supervisor Wickham presented to the Town Board a proposal to enact
a Noise Ordinance. Town Investigator Ed Forrester was present to participate in
the discussion. Also present was Mary Alice Rudovsky, Greenport resident, and
Sandy .and Sue Hanauer, Mattituckr, esidents who,,rela_ted stories or the hardships they
endure due to intolerable noise from their neighbors, who refuse to turn down the
noise and defy the police. At the conclusion of the discussion Supervisor Wickham
asked the Town Attorney to.draft a no~s~ ordinance and submitted it to the Code
Committee.
12:05 P.M. Joseph Gold, Chairman of the Land Preservation Committee, met with
the Town Board to parl~icipate in a discussion concerning Supervisor Wickham's
proposal for a Land Preservation Revolving Fund. He pEoposes to add a new
provision to a $2,000;.000 farmland development rights acquisition referendum in
November, which would permit replenishment of the fund through the sale of
development credits as proposed by the TDR Working Group; to sell SPC~s for use
in carefully designated "receiving ares" with the proceeds used to finance the
farmland program. Town Attorney Dowd will discuss this proposal with bond counsel
to determine whether there are any legal impediments to the proposal.----At the
conclusion of this meeting Mr. Gold ask the Board to schedule a public hearing for
the purpose of acquiring the development rights in the agricultural land of Thornton
Smith (resolution 18).
'12:40 P.M. - Recess for lunch.
2:10 P.M. - Solid Waste Coordinator James Bunchuck met with the Board to discuss
the recently printed Wastewatch publication. Due to fact there are some errors in
this issue, Mr. Bunchuck said he is hesitant to release it. He also has a concern
about paying the full fee for the production of the publication. The Board agreed
Mr, Bunchuck should try to negotiate the price down, and Councilwoman Hussie will
assist him in preparing an ad for the newspaper bring attention to the errors in
this issue of Wastewatch.
2:45 P.M. - Board reviewed a proposal from Senior Accountant John Cushman for
a procedure to create new Civil Service positions and approved same.----Appointed
Dwayne H. Early to the Transportation Committee (resolution 19).----Appointed
Patricia Sanchez as a Home Health Aide for the EISEP program (resolution 20).----
Adopted an amended Town of Southold Affirmative Action Plan (resolution 21).----
Agreed to hold the reappointment of individuals to the Agricultural Advisory
Committee until Supervisor Wickham has an opportunity to meet with tt~e
committee.----Agreed to approve an additional $6,500 in fees for Special Counsel
Peter Bee (resolution no. 22).----Agreed to accept the proposal of Rehn & Fore,
CPA's for review policies and practices of the Police Department concernin9 time
records (resolution no. 23),----Town Board again discussed the proposed 1996
Grants Program for not-for-profit organizations who request funds. Supervisor
Wickham submitted a draft of criteria which was reviewed and amended. This will
be discussed again at the next meeting,Y---Councilwoman Hussie asked ~he Board
to permit her to make arrangements for the construction of an outside ramp and
much-needed outside lighting at the Human Resource Center. She will work with
Superintendent of Highways Jacobs on t~e project, and funding will be though
Community Development funds. Board agreed.----Supervisor Wickham updated t2qe
Board on his discussions with the NYS-DEC. He said they are approving all of the
Town's variances with the exception of groundwater monitoring.
3:50 P.M. Town Board reviewed the resolutions to be voted on.at the 4:30 P.M.
regular meeting.
EXECUTIVE SESSION
3:55 P.M. On motion of Councilwoman Hussie, seconded by Supervisor Wickham,
it was Resolved that the Town Board enter into Executive Session to discuss pending
litigation with Donald Grim, Vote of the Board: Ayes: Supervisor Wickham,
Councilman Lizewski, Councilwoman
Oliva, Justice Evans. Also present:
4:15 P,M. - Work Session adjourned.
Hussie, Councilman Townsend, Councilwoman
Town Clerk Terry, Town Attorney Dowd.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August 8,
1995, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at ~t:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewskl
Councilwoman Alice J. Hussle
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
ToWn Clerk Judith T. Terry
...Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: I think you've all got copies of the agenda, that
was available outside the door. There's two public hearings around five
o'clock, a series of resolutions, that are up for consideration, and on the
back page is a Work Session, or a order of business for our Work Session
during the day, that outlines the different items that we had a discussion
about during the day. I don't think I'm going to go into these issues at
this time. If there's time later on, we may. Anyone like to move the audit
of the bills?
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the .following bills be and hereby ordered paid:
General Fund Whole Town bills in the amount of $138,450.59; General Fund
Part Town bills in the amount of $1,814.24; Highway Fund Whole Town bills
in the amount of $9,918.35; Highway Fund Part Town bills in the amount of
$6,988.50; Ag Land Development Rights bills in the amount of $1,132.98;
Open Space Capital Fund bills in the amount of $32,308.48;
Lighting/Heatlng Capital A/C bills in the amount of $[t,039.72; Employee
Health Benefit Plan bills in the amount of $54,554.91; Fishers Island Ferry
District bills in the amount of $5,807.95; Refuse & Garbage District bills
'in the amount of $15,093.9~,; Southold Wastewater District bills in the
amount of $~,,477.50; Southold Agency $ Trust bills in the amount of
$5,370.14; Fishers Island Ferry District bills in the amount of $1,188.62.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva,-seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the July 25, 1995, Town Board meeting
be and here is approved;
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the next re~lular meeting of the Southold Town Board
will be held at 7:30 P.M., Tuesday, August 22, 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.
269
AUGUST 8, 1995
I. REPORTS.
1. Southold Town Executive Summary of 1995 Budget as of June 30, 1995.
2. Southold Town Recreation Department Monthly RePort for June, 1995.
3. Southold Town Justice Tedeschi's Monthly Court Report for July,
1995.
Southold Town Clerk's Monthly Report for July, 1995
5. Southold Town~ Building Department Monthly Report for July, 1995.
6. Southold Town Scavenger Waste Treatment Facility Monthly Report for
July, 1995.
7. Southold Town Program for the Disabled July 1995 Events
8. Southold Town Investigator Report for July, 1995.
9. Southold Town' Animal Shelter Monthly Report for February through
June, 1995.
II. PUBLIC NOTICES.
1. New York State Department of Environmental Conservation, Notice of
Complete Application of Martin J. Bancroft, Jr., to enlarge an existing pond
by excavating an upland area, including the berm that was built up when
the original pond was created. This project Ss located on the east of Platt
Road, north of Narrow River Road, Orient, New York. Comments to be
received by August 18, 1995.
III. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1. 5:00 P.M., on a proposed "Local Law in Relation to Land Clearing".
2. 5:05 P.M., on a proposed "Local law in Relation to Front Yard
Setbacks".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: We have before us a agenda beginning on page 3
with twenty-five resolutions, At this time, any member of the audience who
would like to address the Board, we'd be pleased to hear from you on any
matter pertaining to these resolutions. After we finish the resolutions,
and the hearings, there will be an opportunity for anyone Tn the audience to
address the Board on any matter of your interest, (No response.) Hearing
none, I'm open to somebody beginning the resolutions.
1.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the General Fund Whole Town 1995
Budget to cover costs for additional beach supplies:
From:
A7310.~.600.300
To ~
A7180.4.100.100
Miscellaneous Programs
(Youth Scholarship Program)
1.-Vote of the Town
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
Beaches
(Supplies & Materials
Board: Ayes: ' Justice Evans,
Hussie,
$ 1,500.00
$ 1,500.00
Councilwoman Oliva,
Councilman Lizewskl,
2.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 31, adopted on June 13, 1995, by changing the title of
part-time summer intern Karen Miske to "part-time seasonal clerk" in
accordance with the direction of the Suffolk County Department of Civil
Service.
2.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
270
AUGUST 8, 1995
3.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services, Inc.
to pay claims on behalf of two Town employees (Michael Gaydosik and
James Douglass), which claims were submitted to Lawrence by the providers
more than 90 days after the date of service.
3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otlva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Sdpervisor WJckham.
This resolution was duly ADOPTED.
4.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the refund of $30.00 to John Beggs, which sum represents a
mooring permit fee for Fishers Island; Mr. Beggs paid for two moorings
and was only permitted one.
-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor W|ckham.
This resolution was duly ADOPTED.
5.-Moved by' Councilwoman Oliva, seconded by Councilman Townsend, 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
gravel trap installation:
To:
SS1.8130.2.000.000 Sewage Treatment, Equipment $ 85.00
From:
SS1.8130.4.000.000 Sewage Treatment, Contr. Exp. $ 85.00
5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olive,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.-Moved by Councilman TownSend, 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 provide funds for equipment
maintenance and repairs through the remainder of the year.
To:
A1620.~,.400.600 Buildings & Grounds, Contracted Services $10,000.00
Equipment Maintenance ~ Repairs
From:
A9901.1.000.000 Interfund Transfers $10,000.00
Transfers to. Health Fund
6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olive,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly. ADOPTED.
7.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following budget modification to the General Fund Whole Town
1995 Budget to appropriate Park & Playground funds for the installation of a
well at Kenny's Beach:
To:
Revenues:
A2025.000 Special .Recreation Facilities $ 1,095.00
Appropriations:
A7110.2.$00.350 Park & Beach Facilities $ 1,095.00
Beach Improvements
7.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
8.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, is was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for an aluminum
structural plate box culvert, #4~C as manufactured by CONTECH or
approved equal, for the replacement of the Brushes Creek Bridge, PeconJc
Bay Boulevard, Laurel.
8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
9.-Moved by Councilman Lizewskl, seconded by Councilman Townsend, it was
RESOLVED that the' Town Board of the Town of Southoid hereby
authorizes and directs the Town Clerk to advertise for a Home Health Aide
for the EISEP (Expanded In-Home Services for the Elderly) Program, up
to 17-1/2 hours per week, at a 'salary of $6.00 per hour.
9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olive,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to provide funds for several
Town Board items:
To:
A1010.L[.500.300Town Board, Fees for Services $ 1,000.00
Labor Relations Consultant
(To fully fund the contract for labor consultants)
A1010.4.500.~,00 Town Board, Fees for Services $ 650.00
Medical Consultant
(For examination of a Police Officer by Dr. Healy)
A1010.~,.600.200 Town Board, Miscellaneous $ 900.00
Meetings/Seminars
(Expenses for August 2, 1995 meeting on Fishers island)
From;
A9901..1.000.000 Interfund Transfers $ 2,550.00
Transfers to Health Fund
Vote of the Town Board: Ayes: .Justice Evans, Councilwoman Olive,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED,
.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a Local Law entitled, "A Local Law in Relation to No Parking on
Pike Street"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, August
22, 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 No Parking on Pike Street
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
l. Chapter 92 (Vehicles & Traffic) o~ the Code of the Town of Southold is
hereby amended as follows:
1. Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended 'by addin9 thereto the following:
Name of street Side Location
Pike Street North At Mattituck, starting at the north-
east corner of Mary's Road and
' extending easterly for a distance
of 700 feet.
I~. This Local Law shall take effect upon its filing with the Secretary of
State.
.-Vote of the Town Board: Ayes: JUstice Evans~ Councilwoman Oliva,
Councilman Townsend, Councilwoman HussJe, Councilman LJzewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
2 7 2 AUGUST 8, '1995
12.-Moved by Councilman Townsend. seconded by Supervisor Wlckham,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
ADOPTED AUGUST 8, 1995, AUTHORIZING THE
CONSTRUCTION OF PERMANENT IMPROVEMENT OF HIGHWAYS
IN THE .TOWN, KNOWN AS LAND'S END ROAD, LATHAM LANE
AND AN UNNAMED STUB ROAD, APPROPRIATING $81,~48
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Recitals
WHEREAS, following submission of a written petition for
the permanent improvement of highways in the Town of Southold,
Suffolk County, New York (hereinafter referred to as the "Town"),
known as Land's End Road, Latham Lane and an unnamed stub road,
in the Town of Southold, and shown and designated on the certain
map entitled "Map of Land's End at Orient Point," filed in the
Office of the Clerk of the County of Suffolk as Map number 5909,
and more particularly described by metes and bounds in the
"Resolution For Street Improvement" adopted by the Town Board of
said Town on July 11, 1995 and filed in the Office of the
Southold Town Clerk, using a permanenn pavement on such portions
of said highways as shown on said Map, including the construction
of such curbs, gutters, catch basins and drainage facilities as
may be necessary and stating the meximum amount proposed to be
expended therefor; and
WHEREAS, such petition has been duly signed by the
owners of real estate fronting or abutting upon either side of
said highway to the extent o~ at least one-half of the entire
frontage or bounds on both sides of said highway; and such
petition was also duly signed by resident owners owning not less
than one-half of the frontage own~ by resident owners residing
in or along such highway, and such petition was duly acknowledged
or proved by all the signers t~ereo~ in the same manner as a deed
-to be recorded; and -_
WHEREAS, after a public hearing duly called and held,
the Town Board of the Town determined~ pursuant to said
"Resolution For Street Improvement," that it is in the publmc
interest to construct such improvements described in the
petition, and directed that such highways be so improved;
Now, therefore, be it
AUGUST 8, ,995 2 7 3
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, -NEW YORK, (by the favorable vote of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
Section 1. The Town hereby authorizes the improvement
of Land's End Road, Latham Lane and an unnamed stub road, Town
highways in the Town, by the paving thereof, using a permanent
pavement and the construction of such curbs, gutters, catch
basins and drainage facilities as may be necessary, all as more
fully ref. erred to and described in the Recitals hereof. The
estimated ~maximum cost of said specific object or purpose,
including preliminary costs and costs incidental thereto and to
the financing thereof, is $81,448 and said amount is hereby
appropriated therefor. The plan of financing includes the
issuance of $81,448 serial bonds of the Town to finance said
appropriation, and the assessment, levy and collection upon the
several lots and parcels of land within the Town which the Town
Board shall determine and specify to be especially benefited by
said improvement, so much upon and from each as shall be in just
proportion to the amount of benefi~ which the improvement shall
confer upon the same, to pay the principal of said bonds and the
interest thereon as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal
amount of $81,448 are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probgble usefulness o~ the specific
object or purpose for which said $81,448 serial bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section'll.00 a. 20 (c) of the Law, is fifteen
(15) years.
27 4 AUGUST 8, 1995
(b) The proceeds of the bonds herein authorized and any
bond anticipation notes issued in anticipation of said bonds may
be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by
this resolution may exceed five .(5) years.
Section 4 ~Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the Law and said bonds and any
notes issued in anticipation of said bonds shall be general
obligations of the Town, paYable as to both principal and
interest by general tax upon all the taxable real property within
the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to tie provisions of this resolution
and of the Law and pursuant to the provisions of Section 21.00
relative to the authorization of the issuance of bonds'~ith
substantially level or declinin~,.annuat debt service, Section
30.00 relative to the authorizatioh of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the 7'own Board
AUGUST 8. 1995
275
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance Of
the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validi,ty of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may ~e con~ested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend money,
or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced Within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This bond resolution shall take effect
"immediately, and the Town Clerk is hereby authorized and directed
to publish the foregoing resolution, in full, together with a
Notice attached in substantially the form prescribed by Section
81.00 of the Law in "THE SUFFOLK TIMES," a newspaper published in
Mattituck, New York, having a general circulation in the Town and
hereby designated the official' newspaper of said Town for such
publication.
~2.- Vote of the Town Board: Ayes: . Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
I3.-Moved by Councilman Lizewskl, seconded 'by Councilwoman Oliva, it was
RESOLVED that the Town Board of. the Town of Southold hereby engages
the services of David C. Wimpelberg, Certified Real Estate Appraiser, to
conduct an appraisal of the Land 'Preservation Committee, at a fee of
$1,000.00, on the propertty of. Anna Fiore, Route 25, Peconic, N.Y. (Tax
Map No. 1000-86-1-9), approximately ~9 acre.
I3.- Vote of the Town Board: Ayes: 3ustlce Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Huss]e, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED,
Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Tara Quane, Erin Kutner, and Richard Schmidt as Beach Attendants
(1st year), effective immediately, at a salary of $5.83 per hour, and
Michael Widner as a Lifeguard (1st year), effective immediately, at a
salary of $7.42 per hour.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman LJzewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
i5.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the refund of $395.60 to Inland Homes, Inc., which sum
represents the fee for a building permit which was issued in error.
15.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly ADOPTED.
16.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Solid Waste Management District 1995 Budget to cover greater than
expected paper costs and two additional days of equipment rental from
Wainscott Sand and Gravel for purpose of grinding leaves:
To:
SR8160.U,.100.150
From:
SR8160.4.100. 110
To:
S R8160.5.400.7.00
From:
S R8160. L~. 400. 805
~6.-Vote of the Town
Councilman Townsend, Councilwoman
Supervisor Wickham.
This resolution was duly ADOPTED.
Scalehouse Paper/Supplies $ 300.00
Pre-Printed Forms $ 300.00
Equipment Rental $ 5,000.00
MSW Removal $ 5,000.00
Board: Ayes: Justice Evans, Councilwoman
Hussle, Councilman
Oliva,
Lizewski,
17.= Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a
Trailer Permit to Vincent W. Annabel, for the location of a house trailer on
his property at 4633 Stillwater Avenue, Cutchogue; said permit is for a
six (6) month permit, and must be renewed every six months thereafter.
17.- Vote of the Town B0ard: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wlckham.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby set 8:05
P.M., Tuesday, August 22, 1995, Southold Town Hall, as time and place for
a public hearing on the question of the acquisition of farmland development
rights on the property of Thornton Smith, Bergen Avenue, Mattltuck,
N.Y. (Tax Map No. 1000-121-1-1.1). approximately 37 acres.
!8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oilva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
19.-Moved by Councilman Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the ToWn Board of the Town of Southold hereby appoints
Dwayne H. Early as a member of the Southold Town Transportation
Committee, effective immediately through Aprit 5, 1996, he to serve in said
position without compensation.
19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl,
Supervisor Wickham.
This resolution was duly .ADOPTED.
^uous, 8, 2 7 7
20;:Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Patricla Sanchez as a Home Health Aide for the EISEP (Expanded
In-Home Services for the Elderly) Program, effective immediately, up to
17-1/2 hours per week, at a salary of $6.00 per hour.
20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councliman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the
following amended Town of Southold Affirmative Action Plan, effective
August 8, 1995:
TOWN OF SOUTHOLD
AFFIRMATIVE ACTION PROGRAM
These guidelines have been prepared to assist the Town of Southold to better familiarize
themselves with good affirmative action practices and equal empioymeut opportunities.
These guidelines should be used when adding staff personnel who are to be employed by
the Town of Southoid.
Tile Town will comply with the following affirmative action and equal employment
opportunities provisions, as found in: Federal Executive Order No. 11246. as amended;
Title VI of the Civil Rights Act of 1964 as amended; Title VII of the Civil Rights Act of
1964, as 'amended, the Americans with Disabilities Act of 1990, as amended, 38 U.S.C.
4212 of'the Vietnam Era Veterans Readjustment Assistance Act of 1974, tbe Age
Discrimination Act of 1967 as amended, Section 503 of the Rehabilitation Act of 1973, as
amended, 42 U.S.G. 2000 a-d; Section 109 af the Housing and Community Development
Act of 1974 and NYS Executive Law, Article 15-A and all other New York State and
federal statutory and constitutional non-discrimination provisions.
AFFLRMATIVE ACTION OFFICER
For the purpose of the Town Program, the Supervisor will act as the Affirmative Action
Officer (AAa).
THE AAO'S DUTIES WILL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(a) Provide technical adVice, of,Affirmati~,e Action related issues and activities;
(b) Recommend procedural and policy changes to further the objectives of the Federal
Regulations governing Affirmative Action procedures;
c) Monitor compliance with ali Regulations.
d) Coordinate Affirmative Action activities ihr0ughout the activity area;
e) Receive and act upon employee complaints of discrimination in accordance witi~ the
complaint procedures described hereafter.
RECRUITMENT
When recruiting for a vacant Towu position, tl~e following Affirmative Action
procedures are suggested:
The Town shall maintain a broad based, aggressive recruitment program designed to
attract well qualified individuals. Special emphasis will be placed on locating minority
and female candidates, particularly for job categories where they are currently absent or
nnder represented.
278
Efforts will be made to locate and use those media which serve the minority, female and
handicapped staff will be encOUraged to actively participate in the recruitment and
promotion process.
Minority, female and handicapped staff will be encouraged to actively participate in the
recruitment and promotion process. -
The Town is com~nitted to exploring the feasibility of making the Civil Service process
more responsive to the problems of employing disadvautaged peoples.
The Town will review all publications and recruitment literature to assure that no
discrimination is implied througll its contents. The phrase "Equal
Opportunity/Affirmative ~Action Employer" nvill appear on all employment advertising
and recruitment literature.
SELECTION/UPWARD MOBILITY
When selecting personnel for ent~3, level and promotional positious, job qu. alificatious
and ability will be the normal selection criteria. However, they will be especially a~vare
of minority and women candidates where suitable.
All'hiring authorities will conduct interviews in an unbiased manner and will limit
questions to jOb-related factors ensuring selection ou individual merit and eliminat!ug
irrelevant consideratiOns based on assumptions, generalizations and stereotypes about
minorities and women.
The Town will contiuue to encourage female and minority staff to take course work
under the various educational programs available to improve their opportunities for
promotion and upward mobility.
if a resolution to the complaint is reached, the agreed upon appropriate action will be
implemented. The Affirmative Action Officer will be required to state in writing that
'- the complaint has been resolved to the satisfaction of all parties and describe the action
taken. This correspondence will be made available t~ the aggrieved employee,
employment candidate, or other governmental entity, or organization so requesting it.
,-Vote of the Town Board: Ayes: Justice Evans,
Councilman Townsend, Councilwom,an Hussle,
Supervisor Wickham.
This resolution was duly ADOPTED..
If an agreement cannot be reached or implemented, the Affirmative Action Officer will
notify the involved parties of sm:h in.Writing and advise them that the complaint can be
further pnrsued with Suffolk County's llUman Rights Commission and with the State
Division of Human Rights. This complaint procedure in no way limits the employee's
rights to take his/her complaint to tbe County's Human Rights Commission and/or the
State Division of Human Rights at any time during the process.
Councilwoman Oliva,
Councilman Lizewskl,
22.-Moved by Supervisor Wickham, seconded by Councilman Ollva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes an amount not to exceed $6,500, for additional leg~d services by
Bee b EJsman who represent the Town of Southold in hearing sbefore the
Suffolk County Department of Civil Services.
22.- Vote of the Town Board: Ayes: Justice Evans, CouncilWoman
Councilman Townsend, Supervisor Wickham. No: Councilwoman H0ssJe,
Councilman Lizew~ki.
This resolution was duly ADOPTED.
23.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Thomas Wickham to execute an acceptance
of the proposal of Rehn & Fore, Certified Public Accountants, to review
the policies and practices of the Police Department concerning time records
and their conformity with their labor contract for calendar year 199l~, at a
fee not to exceed $1,500.00
23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: That concludes the resolutions that are on our
agenda at the moment. There will be two public hearings at five o'clock
with the possibility df adding two resolutions, that would conclude those
hearings, but they are not yet on our agenda. We have about fifteen
minutes before those hearings. I'd be pleased to entertain comments, or
questions, or discussions from the audience on any matter of your interest.
Yes, sir?
ROBERT THOMPSON; My name is Robert Thompson, South Harbor Road,
Southold. Was there any decisions made on the Noise Ordinance this
morning? We could not be here, and we'd just ike to find out where it
stands, if we may?
SUPERVISOR WICKHAM: I'm not sure if decisions is the right word. There
was quite a bit of discussion, and I think there was a direction where the
Board came out on it. The Board took up the possibility of en~ctlng a Noise
Ordinance in the Town of Southold, that would enable our Code Enforcement
Officer, and our Police, to deal with questions where neighbors have
difficulty with excessive noise from a neighboring parcel with the noise
crosses the property border. The Board took up that discussion from the
point of view of five, or six, or seven, sort of principals, or concepts.
I'll just outline them briefly to you. The first one is, that we're not
proposing to get involved in measuring noise with meters, and decibels, and
things llke that. Secondly, the noise that we would consider comes from
basically two problematic sources, that form the great'majority of the
complaints. One are sound system amplification, and the other is
"chronlcally barking dogs, Those are the two key issues that we feel are the
key ones, and that's what we're focusing on at this time. Number three,
that the Town, if we do this, would respond to complaints. The Town would
not go out on iUs own, and try to find noise situations to deal with. The
Town would only respond to complaints. Number four, we primarily try to
mediate problems, not just haul people into court, and we would only bring
people to court upon a signed statement by a complainant other than the
town. Number five, if we do deal 'in a court situation, there would be a
requirement that an Enforcement Officer actually witnessed the noise
himself, or herself. We don't just Lely on what people tell us. Number six,
we believe that the existing staff that the Town currently would be adequate
to handle this enforcement, and number seven, the proposal at the moment
is that it would only de, al with residential properties, and not business
properties. That was the context .of our discussion today. The Board
listened to that. It was back and forth in discussion. I can't say that
everybody on the Board agreed with all of that, but at least that was
starting point. We have asked our Town Attorney to frame some proposed
language in support of this, which would then go to a committee of the
Board, the Code Committee, for open discussion, and hearings, and more
discussion with the public. That's more or less the direction"we took, and
we asked our Town Attorney to prepare some information on those lines.
ROBERT THOMPSON: I think primarily what most of the people would
complain about is like you have a next door neighbor deciding to have a
party, and they'll have a band. I live on South Harbor.= I'm the last house
on the right hand side, and sometimes you can hear the music all the way
from the park. So, it's not bothering me much, but I will say that the
people, that llve close don't enjoy it much. i have heard, I have a scanner,
and the Police' Officer is going there, and he says, I have no authority, but
I'll ask him to turn it 'down. This is what we're after, to try to stop
these boom boxes, and so on, and so forth, that come around. That's what
we were worried about. Thank you very much.
28O
AUGUST 8, 1995
SUPERVISOR WICKHAM: Thank you. Yes, ma'am?
CYNTHIA HALSEY: I'm Cynthia Halsey, and I live on a very noisy
road, Oaklawn Ave. My difficulty lies with a neighbor, that sometimes
plays things so that you can feel the floorboards vibrate, and that can
happen at any time of day, or night, although it's worse oddly enough is in
the daytime. I'm wondering if you are considering any time period in this.
So many cities have ordinances, that start at eleven o'clock, and end
somewhere around seven or eight in the morning, but shaking plaster is a
trouble at any time. I do think the cars are a difficulty, if people park
and they vibrate, you have to chase them with a motorcycle, but if the
house starts to shake, because the next door house is doing something, I
would like to have some way of dealing with this.
COUNCILMAN TOWNSEND: One of the things that was brought up today
[s that those people that have serious problems with noise after a certain
hour can be cited, for criminal disturbing the peace. That's a New York
State statute. But, that's generally after a certain hour. The noise
ordinance would address situations that you're concerned with, in that it
would applicable throughout the day. It's a very complicated issue, and, as
many of us have commented on, it's difficult to enforce. You can get into
ordinances that requires decibel readings, and decibel machines, and even
then if somebody wants to fight it, they can. So, what we're trying to do is
create something that's simple, that addresses the problem, and works in 99%
of the time, and requires a minimum of technical apparatus, and ability.
We're working on it, as Tom said. If it happens after a certain hour, you
can call the Police, and they can be cited for disturbing the peace.
SUPERVISOR WICKHAM: Yes, sir?
CORNELIUS FULFORD: I'm Cornelius Fulford, pastor of the First
Baptist Church of Cutchogue, and my concern is, on Route ~t8 we have a
church. I've noticed that since I've been there, six years there, I've
witnessed five accidents, and I also noticed that there is not a sign on
that public road, that says, church, or whatever, but people, they have the
tendency to come through there, run over the speed limit, and it's on a
hill, so when you come down the hill, people are trying to get into the
dump, and trying to get across the road, they can not see the traffic that's
-coming, and that's the reason why they have accidents. At the time, we
have service there, and it's endangering those churchmen, and also those
people that are in our congregation. So, my concern is, have somebody put
a sign saying the speed limit is thirty-five, or whatever, and then we need
a sign saying, church, you know, so the public would be aware of it. So, it
wouldn't be endangering those people, that are in service, and so my
concern's for the people while we're having service on that road.
SUPERVISOR WICKHAM: I'd be glad to ask the County to do that. It!s a
County road, and I think it's their responsibility to do. We'd be glad to
ask them to do it, and I don't see why they shouldn't. Thank you. Nice to
have you with us.
F.M. FLYNN: I'm F.M. Flynn, a resident of Southold. I have some
remarks, that while they are short they might not necessarily be sweet. I
don't believe anyone here present will deny that taxes are the life blood of
government. Likewise the residential taxpayers are the donors. Their
continued health is essential to the economic welfare of the town.
Presumably the Board is aware that it acts in fiduciary capacity, which
obligates it to distribute tax revenues both in a frugal, and an equitable
manner, and in the interest of all the residents of Southold. This give rise
to my question previously asked, but 'to which I have been given no answer.
Well informed sources have informed me, that the Mayor of Greenport has
appropriated a portion of the East-West Fire District tax revenues for other
than fire district use. I~ has been reported that these funds have been used
for general purposes in the Village. If this Board takes no action regarding
the disposition of funds, which has used it's taxing powers to impose upon
us. It can only be concluded that this Board approves and condones, an
illegal action whereby residents of Southold Town are being forced to pay
taxes to the V, illage of Greenport, in my opinion this is entireiy a matter
of reasons, whether none, this, or now, has yet to be decided. It is
apparent that the mass hue with the fire department has led him to reduce
the amount of tax revenues available for equipment and training. Which may
^uo s 2 8 1
well result in a downgrading of the fire department's insurance rating with
the effect of a increased premiums for residents. If the fire department can
operate efficiently, and unless the budgets aren't level, we East-West
residents are due, not 'only the basic refund, but also reduced tax rates.
Now, that concludes my remarks, but I would like to plck up something that
I heard from the Board a little bit earlier about noise ordinance. It's
inconceivable to me, that you should ignore noises emanating from business
properties. These are the most intense and of the longest duration of any
noises to which I have subjected, and it is particularly true of these
waterfront properties, and you must have had the experience where the
people from Shelter Island were complaining about noises emanating from the
Village of Greenport, from a business use. Consequently, to llmit this to
residential properties is to make a mockery of the whole idea of noise
control. Thank you.
SUPERVISOR WICKHAM; Thank you. Frank, let me just respond to your
first comment, and that is the question about Greenport and East-West Fire
District. The Town, we, as a Board act as Commissioners of the East-West
District. As such we're responsible for that budget, and indeed, we did
turn over the money, as the Town has done historically to Greenport, who
in turn operates the Greenport Fire Department. Unlike all the other fire
departments the Greenport Fire Department is, in effect, a department of
the village government, the government of the Village of Greenport, and it's
budgeted as a department. Part of the revenues for that department are
indeed paid for from the East-West Fire District, and so we collect those
revenues on behalf of the beneficiaries, and we in turn convey them to
Greenport as revenues. What Greenport ultimately does with them is to use
those revenues, as part of the revenues for that department of fire
services, or the fire department. The total budget for the flre department
is far greater than the revenues that we, as Commissioners of the East-West
Fire District provide. So, I'm satisfied that the revenues that, we as
commissioners are responslble for, are going for their designated purpose.
When this question was first brought to my attention, I inquired of the
Mayor and the people in Greenport, the Village Board down there, they
said, well, we wish to reallocate some of the funds from the way we've done
it in the past, but you don't have to worry in that all of those funds, that
come, and more, that come from the East-West Fire District will certainly 'be
used for fire protection purposes in our department. That was basically
their response. While I don't think there's a question of questionable
reasons on the part of this 'Board, as to what we're doing.
SUPERVISOR WICKHAM: Since I made the comment why don't we give Mr.
Flynn an opportunity to respond, and then other Board members may wish
to make some comments?
F.M. FLYNN: Frankly, I think this is a question of voodoo economics. If
we are paying taxes, and they decide that only those taxes emanating from
the East-West District will be used in the entirety for the fire department,
but that in turn frees up other fire department funds to be used for the
general purposes of the village. Nobody can tell me that I am not
contributing to the operations of the Village of Greenport.
SUPERVISOR WlCKBAM: That's true: There are substantial village revenues
over and above the Town's contribution from the East-West Fire District to
go into that fire department.
F.M. FLYNN: Which well they should be, because as we went through
before under the agist of George Penny by far the greatest number of calls
emanate from the Village, not from the East-West District, therefore the
Village should contribute this proportionately. For them to say that they
are going to arbitrarily take 100% of the revenues from the East-West
District, and use them entirely for the fire department, and then in turn
say that the other funds that emanate in relation to the flre district, they
can allocate to village use. This is sophist.
SUPERVISOR WICKHAM: It's unfair.
F.M. FLYNN: It's unfair, and you as Fire Commissioners, and as the
Board of the Town of Southold should correct this inequity.
2 8 2
SUPERVISOR WICKHAM: But, I don't think your premise is correct. I don't
think that they're only applying East-West Fire District funds to that
purpose. I think they do add to it, resources from Greenport. Joe, would
you ilke to comment on it?
COUNCILMAN TOWNSEND: I'm not going to comment on what you are
saying is right or not, be'cause, frankly, I don't know whether they are de
facto with East-West pay more to the fire department than it used to. But, I
do know that one of the issues there is equipment fund. East-West monies
primarily, or entirely, went to the purchase of new equipment in the past,
and the fireman are upset in this instance, because they are not allowing
the allocation of East-West monies to go entirely into the purchase of new
equipment. One of~the issue here is whether with the cost of equipment
going through the roof as it is, and you know OSHA requirements for
equipment, and the tremendous inflation in the cost of equipment. Whether
it is possible for Greenport, any fire district, to continue to buy new
equipment at the same level they were acquiring before, or to re-evaluate
the whole equipment issue. I mean you pointed out that it may be
jeopardizing the rating, fire district rating, and in fact. that rating was
lowered last year, or the year before, from a seven to a four, so, I mean,
our protection is better than it was five years ago. So. the trend is not
going downward. It's going upward, i think it's something we have to look
at town-wide in all the fire districts. Of course, we're only the
Commissioners in one district, the East-West District, and I think we should
look at that, and have some control. But, ! agree with you. I think we
should make sure that We're not getting the short end of the stick, i think
one of the issues in that Oreenport thing was the equipment issue. Should
they buy equipment? That doesn't answer your question, but that's aside.
That's an additional thing: Should the fire departments buy new equipment
on the same level they have always been buying?
F.M. FLYNN: Well, there's two aspects to what you said. One is, I'm not
at all interested in the fire meeting three or four years distant in the
past. I'm interested in the future. The second thing you tell me is that the
entire East-West funds were used to purchase new equipment.
COUNCILMAN TOWNSEND: I'm not saying you are wrong.
F.M. FLYNN: I know. You told me that just now. I didn't know how they
were allocated, but if the fire department claims it doesn't have adequate
equipment, and needs new equipment, and the Mayor says, get by with what
you have, then I think it's time for the Fire Commissioners to arbitrate
this situation, and in the ultimate to see that the East-West District funds
are treated equitable
SUPERVISOR WICKHAM: That's a reasonable request, Frank, we'll look into
it.
COUNCILWOMAN HUSSIE: I want to say that Mr. Flynn is not the only
one who's upset with this. I've gotten calls from other people, and I did
look into it. In the past, it has been the custom for the taxes raised by
the East-West Fire District to be .used, as was mentioned before, for
equipment, and it's only recently that more than half of the funds, that
have been raised, have gone into the general fund by the Mayor's own
admission. I think it's wrong.
COUNCILMAN TOWNSEND: Let me just say one other thing, that Tom
mentioned, and this goes way back, and I don't know if it's 'the same form
that is true, but, when I was negotiating I was Mayor of Greenport back in
the '70s. When I was negotiating the East-West District for the Town,
East-West District pays substantially less for protection, than the rest of
the Village does for fire protection, if you take the whole fire department
budget. Of course, the East-West District doesn't own the equipment, and
they don't own the facilities. None the less, back then, the East-West
District's budget was much less per taxable property, or whatever, or per
person say, than the rest of the village, so if you are proving equity ~n
terms of East-West District versus the Village, I'm not sure you can..
2 8 3
F.M. FLYNN: I don't represent that I'm an authority on the subject, but
the list in the areas outside the village is far less than the intensively
developed largely wood frames structures in the village. Now, the final
comment I have is Mrs. Hussie verifies what I say, that East-West funds
are being used for general purposes in the village. Now, by any standards
that's tantamount from my being taxed by the Village of Greenport. Let them
refund those funds, that were surplus, and used for general purposes in
the Village. Thank you.
SUPERVISOR WICKHAM: We have a hearing that begins at five o'clock. I
think we should break off this discussion at this time, and launch into our
hearing. Do I hear a motion to go into public hearing?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that a re~:ess be called at this time, 5:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town". Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman L~zew ~ki',
Supervisor Wickham.
This resolution was duly ADOPTED.
Reconvened at 5:20 P.M.
SUPERVISOR WICKHAM: We can resume our resolutions, that were in earlier.
2q.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 27th day'of June, 1995, as Local Law entitled, "A Local
Law in Relation to Land Clearing"; 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; and
WHEREAS. a public hearing was held on this Local Law on ti~e 8th day
of August, 1995, at whlch tlme all interested person were given an
opportunity to be heard thereon; therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 17 1995,
which reads as follows:
LOCAL LAW NO. 17 - 1995
A Local Law in Relation,to Land Clearlng
BE IT ENACTED, BY THE Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Code of the Town of Southold
as follows:
INTENT: The purpose of this ordinance is to allow owners to take advantage
of the existing ve.qetation on-site when develop~n.q a [andscapln.q
plan as part of site plan approval, and lo prevent clear cuttin.q of
properties prior to site plan approval.
1. Section 100-259 (Land Clearing) is hereby added to read as
follows:
No person snail undertake ~r carry out land clearinq, includin.q
.qradinq, clearinq, cuttinq and fillinq, excavatin¢l or tree removal
associated therewith, without first having obtained site plan
approval. Weedin.q, .qardenlnq, mowin¢l, and the selective pruning of
vegetation or selective cutting .of diseased or dead trees.shall not be
included herein. Any landowner found .quilty of violatinq [his 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. Plannin.q Board.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
-Vote of the Town Board: Ayes:
Councilman Townsend, Supervisor
Councilman L]zewski.
This resolution was duly ADOPTED.
Justice Evans, Councilwoman Oliva,
Wlckham. No: Councilwoman Hussle,
2 8 4 AUGUST 8, 1995
SUPERVISOR WICKHAM: I think the second one, a "Local Law in Relation to
Front Yard Setbacks", we'll hold for two weeks to get some additional
information on it, and we'll presumable put it on our agenda next time.
Before the hearings we were engaged in comment, discussion, that the
audience would like to bring to the attention of the Board. I'd like to
reopen that, and I'd like to call on the Mayor of Greenport, who would like
to address the Board.
MAYOR KAPELL: I'll distribute a couple of items, that 1'11 read into t:he
record. ! think perhaps you have seen this lettef, but I want to be sure
you have. I'll also give you a memorandum, which I'll detail in a moment,
from the Village Attorney. I'd like to read the following letter into the
record of the Board'S meeting tonight. This is dated July 25, 1995. It's
addressed to the Village Board, Village of Greenport, Greenport, New York.
It's on the letterhead of the Police Department of the Town of Southold.
Dear Board Members, I am disappointed, to say the least, with the remarks
of Mayor Kapell that were quoted in Suffolk Life. To say the Mayor's
ungrateful is an understatement. Our Traffic Control Officers provide a
service to the Village of Greenport that the Town is not obligated to
provide. There was no mention of appreciation for the services they
provided during the busy weekends of the Tall Ships, July ~,th, and busy
weekends, or for the abuse that was offered by unappreciative visitors.
There were no thank you's or job well done, but instead disparaging
remarks by the Mayor, towards officers who are performing the duties they
are assigned to do. The service that is provided is at my discretion as it
is throughout the Town of Southold. to make such remarks is uncalled for
and is indicative of the appreciation for that which the Town Police try to
provide. I am very proud of the performance of these ypung men. They
have been thrown into the breach and have performed admirably. They
have learned to- accept abuse from disgruntled people. A wore of
appreciation would be welcome. Mayor Kapell has joined the ranks of
abusive people. I personally commend my officers for the job they are doing.
Signed, Stanley Droskoski, Chief of Police, and according to what I see
here, copies of this was distributed to the Southold Town Board, and one
was, also, sent to Suffolk Life. I presume it's a letter to the Editor.
Members of the Town Board, I ask you, is it true that the question of police
protection to the residents of the Town, including the residents of the
Village of Greenport, is at the sole discretion of the Chief of Police?
SUPERVISOR WICKHAM: It's true that that's our Chief's opinion.
MAYOR KAPELL: I'm going to ask you, again, who employs the Chief of
Police? The taxpayers, and presumable the residents of the Town, and
through them the Town Board? So, I'll ask you, again, 's it true that the
laws of the Town, and .the State, and I maintain the Village of Oreenport,
are enforced solely at the discretion of the Chief of Police?
COUNCILMAN TOWNSEND:. He's referring in his letter to Traffic Control
Officers.
MAYOR KAPELL: That's one function of the Southold Town Police.
COUNCILMAN TOWNSEND: And it is his scheduling discretion for Traffic
Control Officers.
MAYOR KAPELL: But, Joe, he's not talking about Traffic Control. This
letter was in response to remarks that I made on the question of whether
the Traffic Control Officers should, or the Town Police, in "their absence
should be enforcing parking regulations within the 'incorporated village
among other issues that arise wlt:h respect to village ordinances. That's
what this comment refers to.
COUNCILMAN TOWNSEND: That issue is a issue for the Town Board,
whether we enforce the traffic ordinance. But in terms of him, he generally
assigns Traffic Control Officers to areas where he thinks there is going to
abnormal traffic, for instance, Orient Point, or the Strawberry Festival.
They att get Traffic Control Officers.
MAYOR KAPELL: They're writing tickets up there in Orient Point now, I
understand. Parking violations by the ferry.
COUNCILMAN TOWNSEND: He doesn't address himself to that issue.
Perhaps he should, but I: think he was addressing himself to the issue, my
guess was he was addressing himself to issues that these people haven't got
enough to do, or something like that.
MAYOR KAPELL: Well, I'll tell you what I'm addressing myself to. The way
~ interpret this letter, your Chief Of Police is submitting, or proposing,
that it's his jurisdiction alone, his discretion alone, as to whether or not
tl~e laws should be enforced from time to time in section of the town, or
another, when and where.
COUNCILMAN TOWNSEND: That's not the case.
MAYOR KAPELL: Well, that's what this letter says the way I read it, and
the people that I know that are seeing it, have responded exactly the same
way. Also, this business about these Traffic Control Officers being abused
in Greenport. This is preposterous. The event that he refers to, the Tall
Ship Event, was the single most peaceful, successful event in the modern
history of the Village of Greenport. I'd like to see documentation of
whether these young men were abused. This letter is ridiculous, and it's a
disgrace to the town,, and it's a bald-face insult to the Village of
Greenport. What are' we, second class citizens in Greenport? Is it the
island of GreenPort offshore from the Town of Southold? It's escalated out
of control. We've been trying to deal on a gentile basis with resolutions
back and forth. The Village' Board offered to pay over fine revenues
realized for the enforcement of Village Ordinances. Something we did not
have to do, and don~t have to do, but we offered to do it in the spir~t of
cooperation, and this is what we get.
SUPERVISOR WICKHAM: David, don't view this letter as a reflection of the
policy of the Town o~ Southold.
MAYOR KAPELL: They won't do something about it.
SUPERVISOR WICKHAM: This is a letter that came flying out of the Police
Department to you. I had no knowledge of the letter, and I don't think the
Board endorses this.
MAYOR KAPELL: Let me just say this. The letter is dated two weeks
ago. Okay? I haven't heard anything. What are you going to do about it?
SUPERVISOR WICKHAM: As you must be aware, there is essentially a tug
of war over the control of our police department. There has been a tradition
for many years in this town for the Police Department to run pretty much on
it's own basis without a great deal of control by this Board. This Board is
making an effort to change that. It's not going to happen overnight. There
are a number of steps, there, are a number of understandings, that have to
be developed, and there is a legitimate area where the Police Department
should have discretion as to how it uses it's force. You can interpret the
Chief's letter in that vein, or you can ~nterpret it as saying, that he's
basically thumbing his nose at the Board, and everybody else, and he's
going to do it his own way.
MAYOR KAPELL: Well, Tom, I don't want to be argumentive, and if you
don't mind I'll interrupt you for a second. I'd like to read the next ~tem,
that I've distributed to you, because it goes to this point.
SUPERVISOR WICKHAM; The only point I'd like to conclude with, before
you read that is, that this Board has embarked upon an effort, in a serious
effort, to control more closely the affairs of the Police Department, and
how it conducts it's business. I recognize, I can't speak for the rest of
the Board, i recognize the importance of the Chief and the leadership of
that department, and the knowledger that they have, and how they deploy
their resources. I wish that the Town Board would still provide overall
guidance, and direction, and a stronger sense of direction than we have
provided in the past, and how they do it.
MAYOR KAPELL: You've got to control them. The Police Department are
employed by the Town .of Southold, and this Town Board ~s the governing
body. Who's running the Town?
SUPERVISOR WICKHAM: The Board is.
MAYOR KAPELL: Tom, I want to recognize that you have been
cooperative with the Board. I appreciate that. I question the other members
of the Town Board then. What's the story? Is this from you, Alice, or you
Joe, this letter?
SUPERVISOR WICKHAM: David, i would also like to comment. There have
be~n expressions of appreciation from the Village Board, and the Mayor,
publicly expressing gratitude for the police services.
COUNCILMAN TOWNSEND: I!m reading a letter, and I read it before. What
he seems to be relating to here are disparaging remarks. He says
disparaging remarks. That's not, the Village's demand for parking service. I
think what he's referring to, and I don't remember the article very well,
was something about..
MAYOR KAPELL: I know what the article says, and I'll say it again, so
there's no mlsund~rstanding. I said that the Traffic Control Officers are
welcome in the incorporated village, and we appreciate the fact that they're
being deploy there. The common impression on the street in the Village of
Greenport is that there are Siamese twins joined at the hip, walking the
beat in Greenport with nothing to do. When they could be enforcing the
village parking ordinance, which if it were enforced, which would develop
revenues, which we offered to turn over to the Town. So, everybody
understands it, this is going to be televised this week, I want the people
to understand it. What this means is you got paid employees of the Town of
Southold, who during busy times, I'll say it again, and I said before,
during the Tall Ships Event these guys were great. They were in the
intersections. They facilitated traffic. That was great, but the Tall Ships
Event, that's once.every four years. In the meantime, you've got the typical
run of the mill day in Greenport, when you don't need somebody in the
intersection, when I view them walking up and down the street with notching
to do. During that point in time, these are paid employees of the Town of
Southold, and the clock is running. You're paying them. What's the big
deal for them to stop from time to time, and write a ticket where it's an
obvious violation? I say, that's an obligation of their sworn duty, and the
sworn duty of the Chief of Police to see to it that they do it. Now, just
"before we go on a minute, I want to. read this memorandum, because this
goes to the point. This is a memorandum dated August 3, 1995 to Mayor
David E. Kapell from Richard J. Cron, Village Attorney. Subject:
Obligation of SouthOld Town Police Department to enforce village laws. The
question presented is whether the South0ld Town Police department is
obligated to enforce all the laws of the Village of Greenport when said
village down not have its own police department? Would anybody agree that's
Greenport? The answer to the question lies in Section 150(1) of the Town
Law. This section deals with the establishment of town police department and
the implied responsibility of a town police department to enforce within its
boundaries all village laws when no village police department exists.
Informal opinion No. 88-77 of the Attorney General of the State of New
York. The opinion conclUdes, that a town police department has
responsibility for the enforcement of laws in villages within the town, that
do not have their own police departn~ent. In my view, the responsibility of
the Town to enforce laws within the village including the responsibilitrY of
the Town to enforce all Village Laws, and Ordinances, when said village
does not it's own police department. You're duty bound.
COUNCILMAN TOWNSEND: Let me .respond. We're talking about two issues
here. We're talking about this letter, which you came in on, and then you're
talking about the Town's duty to enforce parking.
MAYOR KAPELL: They're the same.
COUNCILMAN TOWNSEND: They're not the same. You referred in the
comment in the paper, they referred to as Siamese twins joined at the hip.
That might be by some people considered a disparaging remark, and it
might encourage a response by the officer in defense of the way these
people perform t~heir duties. That is a valid interpretation. Dave, I gave
you the courtesy of letting you finish your remarks. I'd appreciate you
giving me the same. What I was saying is, this letter might well be a
response to that particular comment, i don't agree with either the Chief or
AUGUST 8, 1995
287
the majority of the Town Board, in our duty, in terms of enforcing the
parking, and I'm happy to take that up next, because I believe that we do,
since we enforce parking, even if this is incorrect, even if this
memorandum, that you provide is ~ncorrect. We do provide that service to
the rest of the town for the same tax dollars that the village provides.
think that's fair. It's only fair, so that's why I voted to do that, but as
far as the Chief is concerned, I'm not always in agreement with the Chief,
and not agreement with him writing this letter. He is the head of a
department, and I don't, you know, and wouldn't condemn him. I can see
why he would do that. I may not agree with him, but I can see where he
would do that.
MAYOR KAPELL: What about..?
COUNCILMAN TOWNSEND: Which one?
MAYOR KAPELL: That service provided is at my discretion, as it is
throughout the Town of Southold. That's the question. That's why I'm
here. If he wants to call me back, and say, you call these guys names, I
don't care for the way you refer to them, but this is why I'm here. The
service that is provided is at my discretion. That would imply that the
Town Board has no authority over this department.
COUNCILMAN TOWNSEND: What he is talking about, in my opinion, is
that of a Traffic Control Officer, which he puts in different areas to
direct traffic.
MAYOR KAPELL: Look, Joe, this is the point. He has an obligation. This
Town Board has an obligation to protect our village. We don't have a police
department anymore. Wake up. It's history. We don't have it any more.
We're not going to reinstitute it. We're not going to hire Constables. We
don't have a police department anymore, and we are part of the Town of
Southold. We are residents of the Town of Southold, and we did pay in the
advocate $220,000 in taxes for the operation of the Town Police Force. We
want our services. We don't want our residents calling the Mayor's Office
telling them, that the Police won't respond to noise complaints. I'm telling
you.
'SUPERVISOR WICKHAM: I think this is an issue, that the Board visited two
weeks ago. Two members of this Board essentially took the same position,
you've described. I'd like to hear if there are other members of the Board,
who didn't accept that position, who would llke to respond.
JUSTICE EVANS: I'll respond. I -didn't accept the position because what is
happening now is exactly what I' thought was going to happen. You start off
with parking, just enforcing parking, next we're enforcing noise ordinance,
and then the village can write any law they want, and the Town's
responsible, and we Have no control over what laws we're enforcing or not,
if we should take this informal opinion as the be all, end all, and I don't
agree with that. I know other villages pay towns extra money for enhanced
services, such as parking control officers, or traffic control officers.
also know that other villages hire their own traffic control officers, which
comes out the Village funds, and m'y feeling is that by starting to give
parking tickets, and it's not an easy thing with the Village parking,
because it's done on one hour parking, two hour, that means that have to
make two passes by.
MAYOR KAPELL: Is the Association paying extra fees?
JUSTICE EVANS: I think that's generally no parking, or the town people
can't park there at all.
MAYOR KAPELL: There's a two hour paPking limitation.
JUSTICE EVANS: I!m not going to get into a debate about that. My point is
I think it sets a 'bad policy, if we' start enforcing one village ordinance,
you're going to start asking us to enforce every Village ordinance, and we
simply don't have to do that,, I don't believe.
AUGUST 8, 1995
288
SUPERVISOR WICKHAM: Okay, you've heard one person, is there anyone
else on the Board, who didn't support extending the Town's police
protection through the parking restrictions. Is there anyone else on the
Board, who would like to respond to the questions, that the Mayor has
brought to us? Anybody on my right?
COUNCILWOMAN HUSSIE: I opposed it the last time, and I still oppose it. I
don't think that the Town has to enforce Village Code. I'd, also, like to
address something else that you've pointed out in your letter from the
Police Chief, and that is concerning abuse. Abuse is one of those words,
that has a lot of different meaning to a lot of different people, but I will
tell you from personal experience, When I was down there during the Tall
Ships crossing Front Street on my way down to Claudio's dock, and there
were two T.C.O.'s in the intersection there directing traffic. They had to
take from some car, I don't know if it was a Greenport resident, it was
probably somebody from out of town, all sorts of vile language, becaus~ the
guy had to wait before I~e could make the left hand turn. So, I think that's
the kind of abuse, that the Police Chief is talking about.
MAYOR KAPELL: Comes with the territory, doesn't it, Alice?
COUNCILWOMAN HUSSIE: Absolutely.
MAYOR KAPELL: Not just in Greenport, is it?
COUNCILWOMAN HUSSIE: I'm not talking about it being unique to
Greenport. I'm explaining my interpretation of his word, abuse.
SUPERVISOR WICKHAM: Joe, do you want to address the Comments, that the
Mayor has left with us?
COUNCILMAN LIZEWSKI: I know that my feelings about the Village Code is
that if it was assimilated into our Code, or was similar to our Code, it was
the same as our Code, I think it should be enforced, but I think somewhere
along the line some of that is going to have to come into our Code. Since we
didn't create that Code, I find it hard to enforce that Code. It was not
done by the Southold Town Board, and it was a incorporated Village that
did it, and it's own Trustees, and I Lhink that was my problem. It's a
problem. Basically the right, and the. wrong of it, it's who actually formed
it, and who is responsible for it. Solve of that Code we may not agree with,
as Southold Town Councilpeople.
MAYOR KAPELL: From a practical standpoint, Joe, do you have any
problem with the concept of a two hour parking limitation in the business
district in Creenport, as being a necessary regulation to promote the turn
over in those spaces?
SUPERVISOR WICKHAM: I'd jus~ like to comment. There's a one hour
parking restriction right in front of the fruit stand, right in front of my
business. So, there are time period parking all ready existing in the Town
of Southold, and they are being enforced. So, there is no new precedent
involved in Greenport.
COUNCILWOMAN OLIVA: David, I didn't vote for it, because I, also, are
questioning why we would have to enforce Village Codes? I'd like to have
more than just an informal opinion of the Attorney General, that you just
provided us, because I think there are extenuating circumstances in your
case. You have an established incorporated village with your own Code. You
decided to abolish your Police Department. We took over those duties, but
you have your own Code with respl~ct to parking restrictions. I did not feet
at the time, that the money that we would receive for those parking tickets
would compensate us for the time |n~,olved to try to recoup the money from
those parking tickets, and I feel..David, may I finish, please? And I feel
that to me that it is an enhanced service, and that if you wish that
enhanced service, then you should pay for it.
MAYOR KAPELL: i disagree with you. Let me ask a question. Who
enforces the parking limitations at the park district throughout the town?
COUNCILWOMAN OLIVA: David, they are not in an incorporated village.
MAYOR KAPELL: What difference does it make?
SUPERVISOR WICKHAM: Ladies and gentlemen, we've had a very active and
vigorous discussion on this. May I make a suggestion, David?
MAYOR KAPELL: No, I would like to get an answer to my question, i
think this is an important point. I'm sorry. I'm not going to be cut off,
Tom. Who enforces the parking limitations to parking restrictions at Town
beaches? i understand 140, 150 tickets a week are issued.
COUNCILWOMAN OLIVA: Town beaches. That's our law.
MAYOR KAPELL: What about the park district?
COUNCILWOMAN OLIVA: They do their own.
MAYOR KAPELL: ..They have their own traffic control officers?
SUPERVISOR WICKHAM: I'm not aware of any parking restrictions at those
beaches.
MAYOR KAPELL: How about up by the ferry, the two hour limitation up
there? Who's enforcing that?
SUPERVISOR WICKHAM: That clearly is Town? David, you've given us a
piece of paper. It's signed by the Village Attorney. We have a Town
Attorney. We now have a piece of paper to work from. I'd like to have our
legal department, and yours, sit down, and see if we can come up with a
resolution that we can bring back to this Board, and deal with it. If
there's a sound legal requirement, that will give addition impetus to this
Board to act, I think we'll take it up, and deal with it, and we may get a
decision that would be in the direction you'd like to see it go. But, I'd
like to have our Town Attorney take a look at it. We may have some
consultations with the Village Attorney, and we'll take it from there.
MAYOR KAPELL: Just in closing, the residents of the Incorporated
Village of Greenport are part of this Town of Southold, what's good for them
is good for this town. The parking limitation, the noise ordinance, that
protects neighbors some of whom I know are here in Greenport from abuse
by other neighbors, is good for the Village, is good for the Town. I know
you have a problem in the town. These are problems, that are problems for
the town. Simply to throw up your arms, and throw it back, and say, no,
it's~ not our problem. It's Greenport's problem. That is a regressive
non-productive fashion to solve it. I leave it in your hands.
COUNCILWOMAN HUSSIE: I have one question, Tom. You have a Code
Enforcement Officer, do you not?
MAYOR KAPELL: Yes, we do.
COUNCILWOMAN HUSSIE: And what does he enforce?
MAYOR KAPELL: His job is to enfdrce the Zoning Ordinances, the unsafe
building ordinance, you know, the same thing your Building Department
does.
COUNCILWOMAN HUSSIE:' He can enforce other Codes?
MAYOR KAPELL: He goes home at ~,:30 in the afternoon. We do not have
a Police Department, Alice.
COUNCILWOMAN HUSSIE: I'm asking about your Code Enforcement Officer.
MAYOR KAPELL: Our: Code Enforcement Office works from 8:30 to 4:30.
Do you expect him to get.up at 11:00 o'clock at night to come to Greenport
to enforce the Noise Ordinance?
COUNCILWOMAN HUSSIE: We're not talking about the Noise Ordinance.
We're talking about parking. We're ta]king about any other Village Code.
MAYOR KAPELL: Yes, his job is to enforce the Zoning Ordinance, the
Unsafe Building Law, you know, the same types of laws that the Town
Building Department enforces, and we intend to continue enforce those laws.
SUPERVISOR WICKHAM: David, let me try to wrap up my point of view,
and I think to some extent the whole Town Board on this. Last November
17th the Village of Greenport decided on a stroke of a major change. It
was a seismic change, that has not happened before. It's been to the Town
of Southold to deal with that. We don't have a way with dealing with it as
decisively as that. The Town is basically reacting to a decisive event, and
is t. rying to respond to it as positively as we can. I'm optimistic, that in
the long run the Town will make the right decisions. We will do the right
things, not withstanding letters like our Chief wrote to you, which I think
is very unfortunate letter, and should not have been sent, but it was sent.
We had a vote of this Town Board two weeks ago today, which I regard as
an unfortunate vote. It 'should not have come out that way, but it did. The
Town does not have the luxury to take a one stroke decision that will
suddenly put things right. We're going to have to approach things on a vote
by vote basis, on a week' by week basis, and there are going to be ~ome,
what I regard as wrong 'votes. Other people are going to regard them as
right votes. With your participation, your Village Attorney, the comment for
the residents of Oreenport, and the rest of town, I think in the long run
we're going to come out of this. We're going to make the right decision.
We're going to go in the right direction, but it's uniformly what you, and
we, and others are going to want to see. In the long run with consultation
back and forth, and some more discussion I do think that the Board accepts
the importance of Oreenport in this town, and the importance of providing
safety and protection to the .residents of Greenport. I think all of us share
that. How we do it, and the steps we're taking in dealir~g with our Police
Department at this time are all part of it, and it's not something that we
can deal with as quickly, and decisively as the Village of Greenport decided
on November 17th.
COUNCILMAN TOWNSEND: My feeling is that the Village of Greenport in
entitled to what the rest of the town gets in terms of enforcement,The rest
of the town, our tax dollars go towards enforcing certain parking
limitations, and I think the Village of Greenport since they pay the ,same
assessed value, that everybody pays, is entitled to the same service. That
being said, there may be other ordinances that the Village has past, Which
wouldn't be enforced. That's a matter for law. The way I voted two meetings
ago was, because I felt it was only fair that they get the same service.
Whether they should get better service without paying more, that's a
different story. If we pass a Noise Ordinance, and our Police enforce that
Noise Ordinance, then we should enforce the Noise Ordinance in Greenport
as long as it's the same level. That's what's fair in the situation. It's
unfa'r right now, that we are enforcing laws in Southold Town, that we
don't enforce in Greenport. -I do think there are legal issues here to be
resolved, and that will determine,, in some degree, where we go. I know
going way back years ago Greenport had it's only Dog Control Officer, and
Leash Law, and so forth, and to get the Town to enforce that they dropped
their law, and the Town enforced it's Dog Ordinance throughout the TOwn.
That's my position. I think it's the, fairest position, and at some point I
would support voting in that direction now, but until we get the :legal
matter resolved, you know, as far as the Noise Ordinance, and all the other
ordinances, that they may have that we don't.
SUPERVISOR WICKHAM: David, would you like to make one closing
statement?
MAYOR KAPELL: I would like to make one constructive suggestion. Let's
put the legal matter aside for a minute, i don't think there's any question
that you have the authority to enforce laws within the incorporated
village. That does seem to be the issue. Whether you have the obligation,
apparently that's the issue. If you don't the obligation, you don't have it.
Let me issue you a challenge. Why not just do it?
SUPERVISOR WICKHAM: That's what we took up two weeks ago.
A,O.ST 8. ,,,, 2 9 1
MAYOR KAPELL: No, if you don't have the obligation in the long run, if
this protracted process, this legal process that you've described, if the
product of that is that you're not obligated to do these things, withdraw
the services. In the meantime help us out with our problem. We need
parking enforcement, We need our neighbors to be satisfied, when they call
the Town Police, and tell them repeatedly that they're being abused by me.
I don't care how you do, if it's enforcing the Noise Ordinance, if it's
enforcing some other section of the Penal Code. Who cares? Take care of
these people. Solve our problem with the parking. Do the right thing. Who
cares about the legalize? Okay? I guarantee you, and you have my
assurance as the Mayor of the Village of Greenport, that if you need
cooperation from the Village, as far as this person is concerned, you've got
it. If there has to bean accommodation between the Town and the Village, if
something in our Code needs to be amended, or consolidated, or conformed
to the Town Code, we'll do it, but in the meantime why let this stand as an
obstacle to serving the people? That's what we're elected to do. What you
got here 's a game of Chess. Okay? And that's not satisfying our
constituents. I suggest start enforcing the ordinance in GreenpoFt. We
offered to give you the fines. Just go in and do it. If you find out later
on that you're not obligated to do it, then we can talk about it. You can
always stop doing it. You're not obligated. There's no precedent set. If
there's not obligation to do it, you don't have to do it, even if you do it
for awhile, you can stop doing it. But, the right thing to do, and I think
Joe is absolutely right, and I thank you, Joe, the right thing to do is to
go and do these things. I ask you just to do it.
SUPERVISOR WICKHAM: Thank you for being with us, David. Would anyone
else like to address the Board on any matter pertaining to Greenport?
MARY ALICE RUDOVSKY: My name is Mary Alice Rudovsky. i
addressed you this morning. I've been a resident of Southold Town for
thirteen years, and a resident of the Village of Greenport. I thank you for
the opportunity of addressing you this morning. I appreciate you llstenlng
to our problem. To readdress it here, I wish to reiterate how severely we
are suffering from a lack of police enforcement when it comes to the Noise
Ordinance, or basically even beyond the Noise Ordinance. We have no
recourse from the Towr~ Police Department when we call in a~ noise complaint
in the evening, and on weekends. What we're answered with is, that the
Southold Town Police is not enforcing the Noise Ordinance. Here we are,
individuals with our families suffering this kind of noise problem, and we
feel that we have nowhere to turn. We are left vulnerable~ and without any
recourse. We understand that you have some questions, and some problems
about enforcing our Ordinances, but what are we going to do in the
meantime? What are we going to do this evening if we encounter a noise, as
I described to y. ou this morning? What are we going to do on the weekends?
What are we .going 'to do until all of these problems, are addressed? When I
called Chief Droskoski, and left.my hame~ and asked him to, 'please, call .re.e,
he did not return' any o~ my phone calls, i left a message that i Was. calling
him about the problems of enforcement of the Nolse Ordinance in Greenport.
We are teft totally vulnerable. I would also llke to i'ntroduce other
residents, who have come this evening to just inform you of how
widespread, and SeVere this problem is. We feel so vulnerable, I would just
like to introduce them, and ask then~ if tt~ey could speak With you. Betty
Kerr, you come forward.
BETTY KERR: Thank you. I think Miss Rudovsky spoke very well for all
of us. There is a; very substantial group of us, who have been, alas,
bothered by various kinds of noise, specifically loud amplified, music coming
from neighbors, who refuse to turn it down, refuse to respond to reasonable
requests, and we ~have in deed called the Southold Police, as Miss
Rudovsky indicated, and we feel at this point we have nowhere to turn to,
but you. What do we do about neighbors, and people who refuse to respect
the peace .and quiet of' the community? To whom do we turn? For this
reason we're addressing you, and ask you to seriously consider reenforcing
the Greenport Noise Ordinance. We know that there's a possibility that
Southold may consider adopting a Noise Ordinance, because those problems
are not Unique to Oreenport. We've probably had more of a history in that
area. We're a more, impacted community, where houses are closer together.
There's a larger business district, and contiguous residential dls(rlct.
Thank you very much for your serious attention to this.
2 9 2 AUGUST 8, ,995
SUPERVISOR WICKHAM: Would anyone else like to speak on the question of
Greenport?
DAVID CORWIN: My name is David Corwin. I don't want to address the
parking problem, because it works out real good for me. Now, I can park
wherever I want to. I don't agree with everything that Mayor Kapell says,
but I do have to agree when he says, Oreenport is being treated like second
class citizens. I want to address the noise control ordinance in the
Village, and where it's controlled in general. My understanding is the Town
is saying, we're not going to enforce your noise control ordinance, because
we don't have one. But, if somebody from Mattltuck, or Cutchogue calls up
with a noise complaint, they get the courtesy of a Police Officer going down
to wherever the complaint is, and I'll venture a guess that 90% of the times
just a word from the Police Officer solves the problem. I called up three
weeks ago about a .noise complaint to the Town of Southold, and the
dispatcher said, we don't enforce the noise control ordinance in the Village
of Greenport. I didn't expect him to say anything else, but that's what he
said. Somebody else calls up about the same problem a little while later,
and the comment I heard over the Police radio transmitter was from one of
the Police Officers, there's no unruly activity there in Greenport. If they
don't llke it, they can close their .windows. This is on the hottest day of
the year. I don't think that's right. I think your Police Officers should
extend the same courtesy to the people in Greenport, that is to come to the
noise problem, and say, will. you please turn it down, and most of the time
that's going to be the end of it. The other thing I want to address as long
as *I'm here is dog control. Councilman Townsend mentioned dog control,
and seems to indicate that the pound is taking care of dog control in the
Village of Greenport. Well, I called the North Fork Animal League on several
occasions, and let me tell you the North Fork Animal League in the Town of
Southold is doing nothing for dog control in the Village of Greenport. Thank
you.
COUNCILMAN TOWNSEND: According to the report I got from the North
Fork Animal Control group there are quite a few calls listed in the Village
of Creenport, and they may not be doing it adequately but they are
attempting, at least on some level, they're servicing the Village of
Creenport. Quite frequently you'll see in the report, someone calls, and
when they got there there is no dog there. The dog has left, or something
"like that, and maybe they can use some improvement on how they do their
service, but they are a contracted entity, and theoretically they're giving
Greenport the same service that the rest of the town is getting. The earlier
comment about Police Officers responding to noise, calls on noise late at
night, I agree that we should be giving Creenport the same attention, that
we give as far as these disturbing of the peace. If Greenport is being
singled out, and it's being called a noise problem here, and disturbing the
peace problem somewhere else, I think that's unfortunate, and we should
look into it, and I will make .it my business to look into it, because some
of this stuff seems to transcend normal noise. Some of it is that we have
heard from not only the village, 'but people in the town, because if the
village residents are not the only people that are concerned about noises.
It seems to me when someone is. playing loud music past ten o'clock at night,
that's transcends noise. That's disturbing the peace, and I think New York
State Law reads that way, and we can' enforce that.
SUPERVISOR WICKHAM: Anyone else in the audience like to address the
Board? Mr. Flynn?
F,M. FLYNN: If I understood the Mayor correctly, he said..that they are
making a $220,000 annual contribution to Police Services in the Town
Budget? I also read that the average Policeman in Southold his salary and
benefits, he earns well over $70,000 a year, and we can look forward to
even a higher rate. This translates to less than three Policeman to service
the Village of Greenport on a twenty-four hour basis. Now, can that
translated with an equitable contribution to the expenses of the Police
Department. I don't see $220,000 is going to reimburse the town for what is
wanted in the way of services there in the Village of Greenport. Now, if I
may switch gears a little, it's not exactly the same matter. I've always
believed that there's one standard of justice, or there is purported to be
one standard of justice in this town. Now, with relation to the Armored
Force Museum in Mattituck, if the newspapers quoted the Deputy Supervisor
correctly, you don't intend to enforce that law, which has had six months
leeway to find some alternate site, and I might also add to g've them any
consideration after what I construe as violating the Town's Ordinance does
not, again, constitute equity in my mind. The fact of the matter is they
knowingly built up that situation themselves, and if you create it, it is
not up to the Town to prove it. Thank you.
COUNCILWOMAN OLIVA: Frank, I was misquoted in the newspaper. What I
said was, that we are trying to really work with the Gasser's, and the other
property owners to resolve, to have an equitable solution to the Gasser's
problem, but I did not say, that we would not enforce it. We are not going
to wait for ever. You are absolutely correct, that they have been violating
for twelve years, and nobody has done anything about it. This is at least a
Town Board that is tr'ying to work out some sort of solution that would be
equitable among all the property owners down there, but we're not waiting
forever. A reasonable time to me is just a couple of weeks. The Law will be
enforced.
F.M. FLYNN: Can this Board recite to me a single instance where
somebody had deliberately violated the law, and you did anything to correct
it by the way of removal or dismantling? Six months has expired, and no
action has been taken.
SUPERVISOR WlCKHAM:
address the Board?
Thank you, Frank. Would anyone else like to
MARY ALICE RUDOVSKY: Mary Alice Rudovsky. Joe Townsend, since
you have demonstrated an interest, as a Board member, ~n trying to
preserve the peace and quiet of the residents of the town, and the vi lage,
could we request that you perhaps raise this issue to Chief Droskoski in
some formal manner, so that we can be assured that we will have relief
sooner than later, and that is definitely being addressed? I would
appreciate your demonstrating to us that some action will, as soon as
possible, be taken to assure us of that, because we are in very disparate
need of that protection. Could you do that for us?
COUNCILMAN TOWNSEND: Mary Alice, while I would happy to do that,
but I'm sure it's just 'not me. I'm sure the Town Board does not w~nt
different procedures for Greenport, than are happening for Southold Town,
relative to noise. If what I hear is correct, that the Town Police are
ignoring all requests for disturbance of the peace type of noise violations,
and they're answering it for the rest of Southold Town, which I think they
are. That's incorrect, and you should get the same level of service that
Southold Town is. getting. That's always been my point. Greenport pays the
same assessed valuation towards the Police Department as everybody else, so
we will be happy to do that. I'm sure the Town Board will agree with me,
that Greenport should not be treated differently in terms of that kind of
thing.
MARY ALICE RUDOVSKY: Just for~ the record, just to mention a§ainf that
unreasonable noise is part of the New York State Penal Code, and for that
reason alone, without any Noise Ordinance at all, we can expect protection,
and we can expect summons to be issued, and citations to be issued on that
basis of criminal offense. I do appFeclate the time you've given us, and
that we've been able to alert you to this. I, also, would like to say that
you are in effort to enact any town-wide laws for this. I would like to
remind you that it is a very important tool for professional police
enforcement to have access to ordinances, which would allow them entering
into many situations, which would help them discover drug abuse, and other
criminal activity. It is. ci~rtainly not a tool that it would inhibit the
Police Force in any way, and actually for professional Police enforcement a
very positive tool, which allows them the ability, to deliver, and to
enforce, and to investigate criminal activity. That could be another reason
that I would encourage'you to, as soon as possible, take a look at all the
Codes of all the other villages in the area, and look at the Village Code of
Greenport. It happens to be, what I think, after studying a number of
ordinances, a very professional ordinance, one that you could look to.
Thank you, again.
2 9 4 ,,
SUPERVISOR WICKHAM: I'd just llke to comment briefly. We are dealing
with these questions. They are going forward, but they're not things that
can be done with a stroke of the pen immediately. There are a lot of
institutional reasons why this is going to take awhile to achieve, but
think the Board is oriented correctly, and we are going off in the right
direction.
MARY ALICE RUDOVSKY: I guess it' will be quite soon that we can expect
that when we call the Police Department, that they will respond to our noise
complaints.
SUPERVISOR WICKHAM: We'll have a discussion with the Police immediately,
and we'll try to form a more responsive force in that area. Is there anyone
else who would like to address the Board on any matter of your interest
tonight? (No response.) If not, Itll turn to the Board. Are there any Board
members who would like to address the Board?
COUNCILMAN LIZEWSKI: I voted, no, on a Land Clearing Law, and I
think it sort of deserves an explanation. This Law was basically taken out
of the Riverhead Zoning 'Code, and the Riverhead Town does not have a
Planning Board as such, as we do. Basically this is strictly for business
people, the way this is written, and I believe, the way this is done, this
does more than keep the vegetation, or to promote the vegetation to be kept
for Site Plan, because it says you can't grade, you can't clear, you can't
cut, you can't excavate. Basically what this law does to me as a business
person in the business community, it says that you will do nothing to your
property until you go for site plan. You could not go to the Health
Department if you had extra money, and put in cesspools ahead of time. You
couldn't put a well in ahead of time. There's a lot of thir~gs you could not
do, unless you had Site Plan approval. It basically says, that you don't
have a place where you can put your building. It basically says, that the
Code probably won't tell you where, you can put your driveway. If you had
money to invest in your property, so you wouldn't have to make a large
investment in one shot, until you got the site plan, you couldn't do it
gradually over a period of time, until you had site plan approval. So, this
law to me is more than has the intent of holding the on-site vegetation to
make sure it helps your site plan. This is a very, very tough law for people
who have a small amount of money, and want to invest slowly in their
property, and that's the reason that ! voted against it, and the way I
looked at it.
SUPERVISOR WICKHAM: It's not very often that the Town of Southold picks
up from Riverhead environmental protection type of restrictions in our own
Code. Joe, Louisa, Ruth, any comments? (No response.) I would just like
to make a brief comment about a meeting, that was held here in the building
yesterday four o'clock, and this stems from a meeting in late July on the
Brown Tide. There's a policy, commi'ttee Of the Peconic Estuary Program, and
that policy committee met, and Hoot Sherman, the Supervisor of Shelter
Island, and myself, made the point that a lot of the efforts to control the
environment and the management issues of Peconic Bay assume that we know
what to do. But, the last six or eight years have shown that we really don't
know what steps to take to control the Brown Tide. There's been a
resurgence of Brown Tide. It's havi~g a devastating effect on the scallop
industry. In one small neck of Shelter Island they estimate they have lost
90% of the scallop crop, a crop that was worth over $100,000 in that one
creek, and 90% of it is lost just through this summer. We pointed out, that
what is really missing, from the Peconic Estuary Program to date is a
research component commensurate with the management component. The
management efforts to control nitrogen loading, and to keep the environment
of the bay secure, is strong and important, but it's not being complimented
by a research effort to undertake, to find, what are the causal factors
contributing to the Brown Tide bloom, and as a result of that there was an
emergency meeting yesterday at four o'clock of the East End Supervisors
and Mayors Association called by the Chair of that Association to address
the research needs, and out of that came a plan .and funding for a
symposium or a workshop' in September or October of this year, and an
effort to put together a stronger financial base to find out what are the
root causes behind the growth of Brown Tide. The problem we have is
there has been ad hoc research efforts, but they really haven't really
born through. They've been proprietary in nature, where one researcher
may not be willing to share his data with somebody else. We need to get
past that, and put together a stronger program, and I'm hopeful that will
happen. If I don't hear any additional comments from the Board, I~m open to
a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at
6:10 P.M.
Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Town~'end, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
Southold Town Clerk