HomeMy WebLinkAboutTB-01/05/1993306
SOUTHOLD TOWN BOARD
JANUARY 5. 1993
WORK SESSION
Present: Supervisor Scott L. Har. ris, Councilman George L. Penny IV, Councilman
Thomas Ho Wickham, Councilman Joseph J. 'Lizewski, Councilwoman Alice J. Hussie,
Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan,
Town Clerk Judith T. Terry. Absent: Justice Raymond W. Edwards (out of State).
10:00 A.M. - For Discussion Items: (1) Set date to interview applicants for Board
of Assessment Review - 4:00 P.M., Tuesday, January 12th. (2) Letter from NYS-
DOT concerning Town Board's request for an investigation to determine the need
for a traffic signal at the A&P Shopping Center, Mattituck. The DOT advises the
owner of the property must bear the cost of the signal. Town Clerk was authorized
to correspond with the owner, Alan A. Cardinale. (3) Councilman Penny asked
the Town Board to submit to him by January 7th, any suggested questions for the
Southold Town Stewardship Task .Force questionnaire. (4) The request from Tax
Receiver for salary increases for the clerks in his office was discussed during
Executive Session, and as a result resolution no. 5 was placed on the agenda. (5)
Memorandum from the Planning Board, Town Trustees, Director of Program
Evaluation McMahon for the Town Board to appropriate $7,500 for the acquisition
of current aerial photographs of the Town. Supervisor Harris will contact the
Suffolk County Water Authority, Suffolk County Department of Planning, and the
U.S'. Corps of Army Engineers to determine whether they migi'.t already having such
photographic maps available. (6) Request from Tax Receiver Sullivan for an
additional telephone e,,,'tension. After research into the proposal, it was determined
the cost would be $561.50, which had not been budgeted for 1993.
EXECUTIVE SESSION
10:20 A.M. On motion of Councilwoman Hussie, seconded by Councilman Penny,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham,
Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, To~vn Clerk Terry..---The Board discussed the
possible purchase of property, contract negotiation, litigation, and personnel.
12:10 P.M. - Work Session adjourned.
3O7
REGULAR MEETING
A Regular Meetin9 of the Southold Town
January 5, 1993, at the $outhold Town Hall,
Sueprvisor Harris ope[~ed the meeting a.t 7:30
to the Flag.
Board was held on Tuesday,
Main Road, Southold, New York.
P.M., with the Pledge of Allegiance
Present:
Absent:
Supervisor Scott L. Harris
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Justice Raymond W. Edwards (out-of-town)
SUPERVISOR HARRIS: I need a motion to approve the bills of January 5, 1993.
Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $41,777.94; General Fund Part Town
bills in the amount of $544.89; Community Development Fund bills in the amount
of $2,050.00; Highway Fund Whole Town bills in the amount of $1,587.77; Highway
Fund Part Town bills in the amount of $14,123.88; Employee Health Benefit Plan
in the amount of $16,232.69; Southold Agency & Trust bills in the amount of
$21.98; Fishers Island Ferry District'Agency & Trust bills in the amount of
$671..95; Fishers Island Ferry District bills in the amount of $17,632.81.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
'SUPERVISOR HARRIS: I need a motion to approve the minutes from December
22, 1992, Town Board meeting.
Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the minutes of the December 22, 1992, regular-Southold Town
Board meeting be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Couocilman Lizewski,'
Councilman Wickharn, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion to approve the next Town Board
meeting January 19, 1993, at 4:00 p.M.
Moved by Councilwoman Hussie, seconded by Councilman Penny, it was
RESOLVED that the next regular meeting of the Southold Town Board will be
held at 4:00 P.M., Tuesday, January 19, 1993, at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
!. REPORTS
1. Southold Town
1992.
2. Southold Town
November, 1992.
3. $outhold Town
bursements Report.
4. Southold Town
1992.
Recreation Department Monthly Report for November,
Justice Raymond W. Edwards Monthly Court. Report for
Recreation Department 1992 Annual Receipts and Dis-
Recreation Department Monthly Report for December,
5.. Southold Town Building Department Monthly Report for December, 1992.
6. Southoli:t Town Clerk's Monthly Report for December, 1992.
7. Southold Town Planning Board Monthly Report for December, 1992.
8. Councilmen's Reports.
9.. Supervisor's Report.
II. PUBLIC NOTICES.
1. U.S. Army Corps of Engineers, New York District, application of
Town of Southold, Community Development A~tency to remove and replace boat
ramp, maintenance dredge with upland disposal at Inner Bay of West Harbor,
Fishers Island, Long Island Sound, Fishers Island, New York.
2. Department of Environmental Conservation, New York State, Notice
of Public workshops and hearings to review proposed revisions to New York's
Part 360 Solid Waste Management Facilities Regulations.
3. U.S. Army Corps of Engineers, New York District, application of Brick.
Cove Marina/formerly Young's Marina to dredge with upland disposal, construct
pier extensions and make minor changes to dock layout at Sage Basin, Shelter
Island Sound, Greenport, Town of Southold, Suffolk County, New York.
Ill. COMMUNICATIONS. None
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: Are there any members of the audience, that would like
to address this Board on any resolution we'll be acting upon in the next few
minutes? ~
ED SIEGMANN: I've got two questions, Scott. Ed Siegmann. On Number
what is the percentage of the wage increase?
SUPERVISOR HARRIS: Three percent. These are seasonal people.
'ED SIEGMANN: On Number 7, what is a Senior Citizen Aide I17
SUPERVISOR HARRIS: It's a person that Ve McKieghan has working for her
down at the Nutrition Program, that's replacing a person who has left and Igone
to another position. Okay. Do you. want to read the first resolution, Alice?
1.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED by the Town of the Town of Southold that James C. McMahon, Director
of Program Evaluation, is hereby authorized to execute for and on behalf of the
Town of Southold, a public entity established under the Laws of the State of
New York, an application, and to file it in the appropriate State office for the
purpose of obtaining certain Federal financial assistance under the Disaster Relief
Act (Public Law 288, 93rd Congress) or otherwise available from the President's
Disaster Relief Fund; and be it '
FURTHER RESOLVED that the Town of Southold, a public entity established under
the laws of the State of New York, hereby authorizes James C. McMahon, Director
of Program Evaluation, its agent, to provide to the State and to the Federal
Emergency Management Agency (FEMA) for all matters pertaining to such Federal
disaster assistance, the required assurances and agreements.
1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute Outlay Report and Request for
Reimbursement for Construction Programs to the Federal Aviation Administration -
N.Y.A.D.O., for $2,672.50, the Eighth and Final request under the Fishers
Island - Elizabeth Field Airfield Lighting (Design) Pavement Evaluation Program,
all in accordance with the recommendation of Calocerinos & Spina, P.C., the
Town's engineers for the project.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
JANUARY 5, 1993 3 0 9
3.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute No. Two and Final Payment to the
New York State Department of Transportation, for $413.13, under the Fishers
Island - Elizabeth Field Airfield Lightin9 (Design) Pavement Evaluation Program,
all in accordance with the recommendation of Calocerinos & Spina P.C., the Town's
engineers for the project.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly .ADOPTED.
4.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation fo Peter Bubb, Van Driver for the Nutrition ProGram, effective
November 3, 1992.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared dui,/ ADOPTED.
5.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants the followin9
salary increases (3%) to the Clerks in the Office of the Receiver of Taxes:
Marilyn B. Quintana $7.95 to $8.19
Victoria G. Heaney $6.89 to $7.10
Dorother Pfalzer $6.48 to $6.67
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilmar~ Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by CouncilwOman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Service Agreement between the
Town of Southold and Lawrence Healthcare Administrative Services, Inc., for
processing all medical and managed care benefit claims with respect to the Town's
self-funded Health Care Benefit Plan, at a fee of $8.85 per employee per month
for medical, and an additional fee of $2.25 per employee per month for a managed
care program, for the period from January 1, 1993 through December 31, 1993,
all in accordance with the approval of the Town's Insurance Consultant William
F. Mullen, Jr.
6~-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved. by Councilman Lizewski, seconded bY Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Carol
Betty as a Senior Citizen Aid II, effective January 11, 1993, 35 hours per week,
at a salary of $17,345.55 per annum.
SUPERVISOR HARRIS: This is replacing Karen McLaughlin, who previously had
this position, and we thank Karen for a job well done by her working in the
Nutrition Program.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
8J-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to execute a five
(5) year lease between the District and Wilfred & Shirley Doucette for Building
No. 240 (Brick Cape single family residence), located on the north side of
Whistler Avenue, Fort H.G. Wright, Fishers Island, New York, for the period
from June 1, 1992 through May 31, 1997.
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
3 1 0 3ANU~RY 5, '993
9.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the application of Thomas Wowak for renewal of his seasonal
worker house trailer permit, for trailer located on the north side of Main Road,
Laurel, which permit expires on January 9, 1993, be and hereby is 9ranted for
a six (6) month period.
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a
refund of $25.00 to Valerie Scopaz-Shaw, which sum represents a building permit
fee for a shed which was never constructed; said refund all in accordance with
the recommendation of Principal Building Inspector Lessard.
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes the
Supervisor to solicit requests for proposals for expert consulting services to
the Southold Town Stewardship Task Force, all in accordance with the approval
of the Town Attorney.
11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a grant application to the U.S.
Environmental Protection Agency for an Environmental Education Grant in the
amount of $25,000 for the Garbage Guardian Youth Education Program, a school-
community partnership program providing hands-on waste reduction education
for children in grades K-6 using trained volunteers.
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Counci.lman Penny, seconded by Councilwoman. Hussie,
WHEREAS, pursuant to Section 209-b of the Town Law, the Town of $outhold
is authorized to adopt a resolution, subject to permissive referendum, appropriating
a specific amount to pay the cost of preparing a general map, plan and report
for the provision of facilities, improvements or services in connection with the
collection and disposal of refuse and garbage; and
WHEREAS, the area to be included in such district shall include the areas
contained with the Village of Greenport within the Town of Southold as such Village
consents to inclusion by resolution dated December 10, 1992, subject to permissive
referendum;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold
as follows;
1. There is.hereby appropriated the sum of $5,000~00 to be used for the
preparation of a general map, plan and report for the provision of facilities,
improvements and services in connection with the collection and disposal of refuse
and garbage in a solid waste management district proposed to include the entire
area of the Town of Southold exceptive of Fishers Island.
2. The aforesaid map, plan and report shall describe, in general terms,
the location of facilities or improvements proposed and the services to be rendered
shall contain a description of the land to be included within the district, shall
state the maximum amount proposed to be expended on the facilities or improve-
ments proposed and shall include such other matters useful to the Town as the
Town Supervisor shall determine, and shall be prepared by or under the super-
vision of the Town officers and employees or by persons to be employed for the
purpose, as shall be determined by a further resolution or resolutions of the
Town Board.
3. This resolution is adopted subject to permissive referendum.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
JANUARY 5, 1993
311
SUPERVISOR HARRIS: That ends t.he regular portion of our Town Board meeting.
Are there any members of the audience, that would like to address this Board
on any matter, which they feel may be of information, and use, to this Board
to deliberate upon?
RUTH OLIVA: Good evening. Ruth OliYa. Your meeting of December 22nd
was advertised as kind of tying the loose ends, that were hanging around. I
had no idea what those loose ends were. I'm specifically referrring to 'the
deletion of the Open Storage Ordinance, and the passage of amendments to the
Affordable Housing Zone. In the remarks by the Town Board after the passage
of the Open Storage, the deletion of' the Open Storage Ordinance, I checked back
into the Zoning, and [ do not see anything i'n Section 213 to 256, that says
anything about screening the open storage between business and business zones.
It only creates a buffer between business zones, and residential zones, and I
do submit that if we don't kind of rethink this, we're going to have kind of a
messy business sections, if this open storage is not properly screened from other
business zones. On the Affordable Housing Amendment, I really reiterate what
I said before. I think the term reasonable diligence is too subjective a term.
It leaves too much leeway in the decision of the Town Board, as to be subjective
in it's decision of whether to allow a developer to continue, or not to continue.
It allows the developer, I think, too much time, and this could drag on forever.
I do not think that it speeds up the process by which the developer can get
an affordable housing zone, and I don't think it does anything for people that
need it. I am also, was not also aware of the comment, that there was a new
application in for an affordable housing zone. Thank you for your consideration.
SUPERVISOR HARRIS: Thank you, Ruth. Would anyone like to respond to former
Councilwoman Ruth Oliva?
ED SIEGMANN: About two years ago when the Cove condominiums were built,
I came to the Town Board, and asked them why is it that when I went over there
to question the price of one of these condominuims, the square footage, the fact
that they had a dock for you, for your boat, they had tennis courts, they had a
swimming pool, why they were paying less taxes then I was paying with the
square footage, that I had in my home with no swimming pool, no tennis courts,
and no dock for a boat, in fact not on the water at all? I was told at that time,
it was due to special laws that are written for how condominiums a re taxed.
said at that time, I thought that the Towns out here ought to get together, and
.try to bring some change about in that tax law, because I think-it was absolutely
a disparity between how people are taxed. I see now, that that's even being
made worse, because the courts are granting them even less taxes now, than
what the comparison was when I made it at that time. So, '1 make the request
to the Board, again. I think you ought to try to get the rest of the towns
interested in this, and to try to bring .about a change in that law, where maybe
this can apply to condomiums, that are built in the City of New York. But,
I can not see how it can apply to condominiums out here, when the taxation is
so different between the two pieces of property. I wish you would make that
effort.
SUPERVISOR HARRIS: You're absolutely correct on statements, that you made,
and let me just digress for a minute. When I was an elected Assessor in this
town, Chairman of the Suffolk County Assessors Association, and also, on the
Legislative Committee for the New York State Assessors Association, we Iobbyed
the State Assembly and the Senate. We passed legislation in the Legislative
Committee for the Association of Assessors in the State at our convention. We
forward that information to them, and we could never get it out of committee.
They stopped it every time in committee from the fifty or so Assemblymen, who
lived in New York City, that are represented in the Assembly. So, it never
gets out of Committee. We can continue to fight the battle, and I agree 100%
when the legislation was passed', it's called 339Y of the Real Property Tax Law.
It was designed for condominiums, that were in New York City, and nbt for three
story and under condominiums, that we have out here. We'll continue that battle.
I agree 100%, and we can't give it up. At some point maybe we can get someone
to move it, and get it out of committee without killing it in the committee process.
JANUARY S, 1993
ED SIEGMANN: What I think you ought to ask them to do, when they want
something passed in the city for their benefit, tie the two in together, that if
our Representatives out in these areas, if they want them to vote for .what they're
asking for in the city, tell them they'll vote for it providing they'll vote for what
we're asking for. You know, I keep hearing from our Representative, from the
State now I'm talking about, that they're always outvoted. You got to find some
way to outmaneuver the people that are outvoting you. Something must be done.
SUPERVISOR HARRIS: Ed, I would be glad to entertain a memoralizing resolution
by this Board to send to the State Assembly, and the Senate, asking them to
enact legislation, which would look into the 339Y Real Property Tax Law, to
amend it, so that three story and under condominiums are exempt from that
provision. I'd be glad to do that memoralizing resolution on behalf of the Board.
I don't know what date.
COUNCILMAN PENNY: We'll send that to the Association of Towns.
SUPERVISOR HARRIS: We'll send it, also, to the Association of Towns when
we go next month.
ED SIEGMANN: I have one other question. It's not on this subject. It's on
something else. Has anyone been hired for the job in the Recreation Department?
SUPERVISOR HARRIS: As you know, we went out to bid for that contract for
that position. The bid was awarded yesterday to the lowest bidder, which was
Richard Hilary. I think most of you know who he is. He's the Administrator
for the Middle School. Former. We were informed yesterday, when he came
in to talk to the Board about the bid, that he has retired as of the 31 st of
December in that previous position, that he held, and this will be his full-time
goal, this bid that was awarded to him. Yes.
ED SIEGMANN: I'd like to make the following comment in r;eference to that. He's
going to get a pretty good pension from retiring from the school system. It's
a shame, when we have to give jobs like that to someone who's receiving a good
pension, and take it away from somebody, that really needs a job. Thank you.
SUPERVISOR HARRIS: As you know, Ed, iust to finalize the comment. The
Town went out to bid, and all bidders that. were received, the Town opened the
bids, and it went to the lowest bidder, which was Mr. Hilary.
ED SIEGMANN: I don't question how it was done. I'm just saying, I don't think
it was the proper thing to do to start with. You know, I believe in privatization.
I think a lot of places in government, and in the school system, and that, can be
run a lot cheaper if privatized. But, I'm absolutely opposed to privatization
when it means taking the iob away from someone. If you privatize something,
and you do it with the people that are already working on the job, that's one
thing. But, when you do it where you have to knock people out of a job, that
have had the job, I don't think it's proper.
SUPERVISOR HARRIS: Ed, I think this Board was very fortunate in the bid,
that it awarded yesterday, that a man of Mr. Hila-y's expertise, and pro-
fessionalizism, and as an administrator, we were delighted with programs that
he presented to us yesterday, new visions that he had, and I think Dr. Lizewski
would like to carry through, and' is Chairman of Recreation. But, he presented
a' very good program for what he'd like to see put in place for the year.
ED SIEGMANN: Scott, let me ask you this. If somebody came along someday,
and said, hey, I havF. X, Y and Z qualifications to do certain jobs around here,
and let's say that those jobs..that he was right. That he could do a better job,
than some people that are working in positions now. Would it be your position
all the time, that you would have a right to get rid of the person you've had
working, and put him on, because you think he can do a better job?
SUPERVISOR HARRIS: Well, in this case, of course, it went out to bid, and
any corporation, and company, could have bid ob this contract, and it was, like
I say, this individual did bid along with others.
JANUARY 5, 1993
313
ED SIEGMANN: I think you're, going to' lose your case in court. That's my
personal opinion. In reference to whether you can do this to the guy .or not,
and I sure hope to hell he wins it,
SUPERVISOR HARRIS: Thank you, Ed. Is there anybody else, that would
like to address this Board?
COUNCILMAN WICKHAM: Scott, I have a comment l'd like to make. At yester-
day's Town Board meeting, the other members of this Board voted to withdraw
all Town moneys from a local bank with which the the Town has done business
for many years, and to cease using that bank for any further deposits of money.
This action was carried out suddenly, with essentially no advance thought, and
absolutely no checking with the bank on the facts of the matter. I was not
consulted about it prior to the day's meeting, and I doubt if other members of
the Board were given prior opportunity to research the issues behind it. I was
informed that the members voting for 'it did so because they felt it would strengthen
a legal position, and because an attorney working for the bank had not acted
properly. Today, I spent some time looking into the matter and am convinced
that, one more time, this Town Board. has taken precipitous action without benefit
of serious thought. .The justification 1 heard from the rest of the Roard does
not square with the facts that I found, facts readily available to anyone who
cares to look into the issue. I am left with the only reasonable conclusion that,
once again, an official action of this Roard represents personal vindictiveness
on the part of some Board members with no real gain to the Town. This
statement is not in support of the bank or any of it's officers. It is simply to
dissociate myself from the ruling Board majority on this and other decisions taken
in the name of some justification or other, but actually made on the basis of
small-minded vindictiveness, personal grudges and the drive to put down people
who don't see things all their way. Yesterday's meeting contained two more
actions taken by the other members Of the Town Board which fall in this cateoory,
failure to nominate two local newspapers to carry Town legal notices, as has been
past policy, and removing the chairman of the Town Planning Board. None of
these actions was well thought out, or discussed in meetings prior to yesterday's.
All are mistakes in my view, which seriously undermine the trust that the people
of the Town have placed in the Board and it's elected officials. Thank you.
SUPERVISOR HARRIS: Tom, I have to make a comment on that. I guess it's
obvious that it's an election year coming up, because we continue to get comments
on actions, that are taken because of your absence. That's not our fault, that
you weren't here for our Work Session. You should tell the truth about what
happened, while you weren't here, where you were. This Board conducted all
day, a Work Session. You were not involved in it, and you certainly have no
right to condemn the Board, when you weren't part of that' action, because you
weren't here 'n your absence. This Board works diligently in all areas. It moves
in areas with prudence. It gets advise from it's legal counsel, as we did yesterday
in the matter that you mentioned about the bank. That is a leoal matter, and
it is also is something that really shouid not be discussed publicly, because it
deals with litigation. However, you continue to take the Town's position, and
remove it from a position of strength, which is sad, and I hope, Tom, that the
firm that you're referring to, because it's family, is not part of your statement,
being that it's Wickham, Wickham, and Bresler, that .is involved with this litigation.
So, you know, I have to continually wonder what the motive is, Tom, between
you and having to Go to the public with statements, when you're not here to
partake in this decision process, that we have. I don't know why you contihue
to do this, but apparently you do have an agenda, that I'm not aware of, and
I would hope that in the future, that, Tom, you would ask questions about meetings,
and so on, that you're unable to attend, and get the information ahead of time,
before you continue to shoot from the hip, as you have done in the past.
COUNCILMAN WICKHAM: I asked this-morning, and I got the information. We
had a good discussion this morning about it.
SUPERVISOR HARRIS: Is there any other member have anything to say?
couNcILMAN I~ENNY: I think you should comment that you spoke with the
bank in q~estion, and there was going to some clarification there, as we suggested
and that's it.
31 4 JANUARY 5, 199:3
SUPERVISOR HARRIS: Yesterday..I don't want belabor the point, but yesterday
a call was made to the President of the bank, and he was unavailable all day,
and unfortunately today I did get in touch with him, and found out a lot of the
facts in this situation, and the Town definitely moved in prudent direction based
on information, that it had received from it's legal counsel. That's all I have
to comment on that at this time.
JOE RISTUCCIA: Joe Ristuccia. I'd just like to comment. I'm distressed by
what I'm hearing here, but I've always found out that whenever you have a
problem of this sort, that the waters run very still. I'd like to know really what's
going on here about withdrawing from banks, and all sorts of accusations, that
are going on. I mean, this Town has an agenda of serving the people, and I
wonder what's happening here where people are serving themselves, l'm iust
curious.
SUPERVISOR HARRIS: Unfortunately the Town is not at liberty to divulge that
information at this time, because of ongoing litigation, in reference to matters
that we've been ongoing for some years now, and if the Town Attorney would
like to make a statement in this, I'd certainly allow him to move in that direction,
but I'm not at liberty to do so.
TOWN ATTORNEY ARNOFF: I don't feel that it's appropriate, other than to
say that the economics of this town have not been in any way adver§ely enacted
by the action of the Board.
JOE RISTUCCIA: How do I know that?
TOWN ATTORNEY ARNOFF: What difference does it make which bank your money
is deposited in?
JOE RISTUCCIA: No, that'snot theissue. The 'issue is, what's ha~ppening here?
COUNCILWOMAN HUSSIE: What do you perceive is happening here?
JOE RISTUCCIA: I don't know.
COUNCILMAN WICKHAM: If you wait until Thursday, the newspapers will have
quite a complete report about it on Thursday.
ED SIEGMANN: Scott, there was one comment that Mr. Wickham made, and what
that was about is the public losing faith in the format that we have out here,
and I think if you look around at this room, and you see two reporters, I think,
and you see two other people that are attending, or one reporter, and you see
four other people here, there's radically something wrong. When I turn in and
look at Channel 25, and I look at Town Board meetings from other towns, I see
an awful lot of people in the audience asking questions, and being given answers.
I don't see that here. You know, we sat through a couple of meetings where
you were here, and said to us, we're here to listen to you. We're not here to
give you any answers. I don't see how people can do business with a town,
that says we're only here to listen to you, because once we go home, we don't
hear anymore of anything of what happened about that subject, the things that
were raised, with the exception of what Tom just said, we read about it in the
newspaper. Then we're told you can't always believe the newspapers. For
example, don't you think an explanation would be due the people that are sitting
here, to find out why you made a change in the Chairman of the Planning Board?
Don't you think some kind of a explanation should be given to the people? I
get the feeling lately, that you have a contest on how fast you can get out of
here. Tonight if a couple of us hadn't spoke, you would have been out of here
in less that fifteen minutes. Is this the way a Town should be run with meetings
of fifteen minutes?
SUPERVISOR HARRIS: Ed, unfortunately I'm going to have to again..this is
politics that you're entering into by statements you're making. I'm not going
to allow you to coninue in this vein. This Board works very hard. What you
see at the Town Board meeting is the conclusion of weeks of work that they've
put into it, which does not collomate at all, all the hours that have gone into
coming up with decisions, and to answer some of your other questions, or
JANUARY 5, 1993
315
statements, the only time this 3oard listens, and doesn't respond is during public
hearings. That's what it's perogative'is, and think you answered your first
question very adequately, by mentioning Channel 25. People now watch the Town
Board on 25. They're very happy.with what they see on Channel 25, be'cause
that gives them how the Board is working. That's why they're not here in the
audience. I think that's a very simple question, with the communications we
have today people are able to. see their Board in action.
ED SIEGMANN: Scott, let me as'k you a question. You just made a remark that'
the reason you want to shut me off is, because I'm getting into politics. Tell
me one thing, that I said that was politcal.
SUPERVISOR HARRIS: You're saying that the Board is not representing the
people, that they..
ED SIEGMANN: That's political?
SUPERVISOR HARRIS: Of course it is.'
ED SIEGMANN: It is not.
SUPERVISOR HARRIS: It's a statement.
ED SIEGMANN: It's political, pitting one side against the another. It's not
political for me to get up, and say, that I think we deserve answers. Is that
being political to say that I think I should get an answer?
COUNCILMAN PENNY: There are matters, Ed, as you well know, because you've
attended school board meetings, and Town Board meetings for many, many years,
there are matters that are discussed -in Executive Session, and one of our members
choose to break the sanctity of Executive Session, and deal with something that
was pretty much resolved today, or is on the works 'to being .resolved, and still
all of the answers, although he has done some work, Scott and'l met with the
President of that bank today, and we're being assured that more information
will be continuing to us. Now, one Councilman has decided that he doesn't like
'what is 'going on here, and he is trying to make a mockery of the fact, and cast
suspicion and innuendo on the actions of all the other Board members. That's
been absolutely personalized, and that should not be a matter for a public session.
Number two, the area of which we are talking is litigation, which we do not discuss
in public. Unfortunately, when people see that there's..or they have a suspicion
that there's something going on, or they want to make something more of something
that is really going on, because it's a very light matter, y.ou can stand here
all night long, and berate us for not telling you what it is, but does that mean
that we're going to break the sanctity of our Executive Session, and put ourselves
in a bad light regarding litigation in some cases, because you have curiosity?
If you weren't doing it in such a public manner, I don't think people would be
suspicious. This could go on, anc~ on, and on. As far as the attendence of
the meetings, I've been on the Town Board for seven years. This is an average
meeting. We've shifted meetings. We've moved them to the daytime. We've
suggested two or three different times, that we could have them. It doesn't
make any difference, Ed, so come on. People watch it on TV. They read the
papers.. People know what's going on.
ED SIEGMANN: There's no TV here tonight.
COUNCILMAN PENNY: This is the one night they haven't been here.
ED SIEGMANN: So, am I doing it to face the public, when I do it, with no TV,
and four people sitting here? In the first place, I didn't ask you anything about
the banking. I said, don't you think the public should be entitled to know why
you changed the Chairmanship?
COUNCILMAN WICKHAM: Absolutely.
COUNCILWOMAN HUSSIE: Mr. $iegmann, may I address that question? My
decision on that, the change of the Chairmanship of'the Planning Board was
based o_n valid, and thoroughly thought out reasoning. It had nothing to do
with personalitieg, and it was not a knee jerk reaction. One of my things is,
and I feel philosophically, that the Chairman of any committee, or any Board,
in that position for too long is not correct at any level of government whatsoever.
3 1 6 JANUARY 5, 1993
The other problem is in addition to that, that the controversy surrounding Mr.
Orlowski. This is may opinion now. The controversy swirling around him, casts
a negative pall over whatever the Planning Board is doing, and I don't particularly
like that. Now, to change the Chairmanship is not to do a terrible thing, I don't
think. I don't view that as terrible. The Board is still the same. We've
changed the Chair, and you know that Mr. Orlowski's name has been in the
paper for a long time along with a few Board members. While I'm talking about
that, I am a member of the Board. I have nothing, either pro or against the
Planning Board, yet I will tell you, I resent constantly being put in the same
pot, the Town Board, as this problem with the Planning Board. I don't have
a problem with the Planning Board.
ED SIEGMANN: You're not talking to me now, because number one, t haven't
said anything like that.
COUNCILWOMAN HUSSIE: No. I'm talking to everybody, but you brought it
up, and that's why I'm looking at you.
ED SIEGMANN: You're directing at .me, and in the first p!~ce, I didn't mention
anything about it being a knee jerk decision. All I said is. don't you think the
public should be told why you did it? There could be a very good reason why
you did it, but don't tell me that I'm accusing you of a knee jerk action, because
I didn't.
COUNCILWOMAN HUSSIE: Thank you for the opportunity.
SUPERVISOR HARRIS: Nobody is directing anything to you. Councilwoman Hussie
is directing it to the audience as a statement she,s making.
COUNCILWOMAN HUSSIE: Everybody, and wish TV were here.
JOE RISTUCCIA: Alice, let me just make a comment. I think we have a right
to know what's happening, and I think that's what Mr. Siegmann is saying.
COUNCILWOMAN HUSSIE: I have no'problem with that. The newspaper asked
me, and I told them. He wanted to know now. He doesn't have to wait until
Thursday.
ED SIEGMANN: You tell the newspapers. Why don't you tell a meeting of the
public? I'm tired of reading it in the newspaper, that Eddie said this, somebody
else said that, somebody else said this. I spend my time, come down to a meeting
to listen to why you did something, and I get an answer..I get no answer, but
I can pick up the paper on Thursday, and read it in the newspaper.
COUNCILWOMAN HUSSIE: You know that generally we don't talk like this. I
welcome the opportunity to say this, Ed, and I was looking at you, because you
brought it up. That's all.
JOE RISTUCCIA: Alice, you're an articulate women as a member of this Council.
I'd like to have an explanation as to what the decision was, what the reason was,
why Mr. Orlowski was changed as far as the Chairmanship after say, a period
of time, a short period of time, after there was controversy right' here in this
hall, when there was the Chief Planner was going to be fired? He was par~ of
that whole operation, and it seems that there seems to be some kind of a problem
here, and some vindictiveness. I think that's what Tom said. I have to agree
with you, that it's your perogative to change chairmanships. On the other hand, -
when you do that, we the public, after all we pay your salaries to make these
decisions, but we want an explanation, and we want to know if there's any
political bias involved in there, or if t.here's any other reason why this is going
on.
COUNCILWOMAN HUSSIE: I just gave you my reasons, Joe.
COUNCILMAN LIZEWSKI: I'd like to give you my reasons, Joe. I also feel that
I make my own decisions on this Board, and I felt..two things I want to say.
One is that the amount of time that we spend at these meetings going through
these resolutions is very, very small compared to the amount of time put into
Town work. The amount of time, that I spend going to meetings up at the
JANUARY 5, 1993
317
Suffolk County Water Authority, a meeting with Dave Fishbine, as I've taken
Ruth with me on occasion to meet with the reality office, and the things that
I do it's twenty times the amount of time, that you see in this room, and a lot
of the work that's done never makes resolutions. A lot of work that's done in
this town has nothing to do with these meeting, trying to get money from the
County for that land, the time put into ' putting programs together, and
hiring people, and looking over what's going on in the town in general. It
never makes resolutions. The running of the town, and the amount of time that
goes into it, doesn't make these Board meetings. These Board meetings are very
sterile compared to the actua work, that goes on to running this town, and. you
have to realize that, that this is a very small part of it. You'd like to think
that everything happens at this meeting, but it really isn't that way.
ED SIEGMANN: I don't think anybody is saying that.
COUNCILMAN LIZEWSKI.' I just want to make it clear, that we don't put in
a small amount of time. Ed, let me finish this. ] think that a lot of time that's
spent working in the Town, I know as a Councilman, I've spent a lot of time,
and I look at some of the resolutions, that we go through. They're there. There
are things, that nobody seems to really dispute most of the time. I would say
that, ninety-five percent of them are cut and dry. They are things that have
been going on for years. The permits for trailers, and some of the things that
happen, they're almost set, so a lot of the stuff that goes on at these meetings
are not the real work, that goes on with Legislative Committees, with committee
work, with any committee work. The committee work that gets done is really
the guts, and the nuts, and the bolts, of what runs the town. Now, as far
as making a decision on who's going to run the Planning Board, I also felt that
maybe it would be healthy for the entire town to change the person, who was
running the Planning Board at this ti. me, and I really felt that it would probably,
it has a chance of at least getting us back to a decent dialogue. I thought it
would be just as easy, and I don't think that the person that we nominated is
any less qualified. I mean, I think it would help us to get together again.
JOE RISTUCCIA: That's not what I'm saying. I'm not questioning the amount
of energy that you put into your .iob. I don't care whether you put in ten
minutes, or ten years. What I'm concerned about is the decision you come up
with, however long it takes. I really don't care how much time you put into
it, but I do care about your decision.
COUNCILMAN LIZEWSKI: I'm telling you why I made my decision.
JOE RISTUCCIA: You spoke, and I listened. You listen t'o me. What I object
to here, I'd like to get to the bottom of it, was this decision made on the basis
that just recently we had a controversy relating to planning~
COUNCILMAN LIZEWSKI: No.
JOE RISTUCCIA: That is really a question, that you are responsible to answer.
COUNCILMAN LIZEWSKI : It's a combination of many, many months of working
with this man on the Legislative Committee, and many conflicts that we had, that
I think it would easier if I talk to somebody else.
JOE RISTUCCIA: I want to help you in this regard. You have to now stand
by your decision, and explain to the public, because there was one hundred,and
some odd people in this room just a few weeks ago, involving the question of
planning, and I'm sure all of those people soon as this news hits the street,
are going to start saying, what the becks going on? Now, if this Orlowski
decision took place two years ago, I don't think anybody would have cared, but
this is involving in a controversial time, and it seems, I think the word that
you used Tom is vindictive.
COUNCILMAN LIZEWSKI: I don't consider vindictive, because he's still there.
JOE RISTUCCIA: That's the word that was used.
COUNCILMAN LI.ZEWSKI: That's his word.
COUNCILWOMAN HUSSIE: Tb-at!s one person's opinion.
3 1 8 JANUARY 5, 1993
COUNCILMAN LIZEWSKI: That's one person's opinion. That's one voter's
opinion.
JOE RISTUCCIA: No. It is the opinion of the whole town.
COUNCILMAN LIZEWSKI: I don't know about that.
SUPERVISOR HARRIS: That's your opinion.
JOE RISTUCCIA: No. I'm not speaking for the town.
ED SIEGMANN: Let me make one more comment, and I've had enough to say
then. You know, I don't come down to a lot of meetings. I come every once
in awhile, when something is on the floor, that I'm interested in. [ don't come
down here and break chops just to hear myself talk, or to give you a hard time
for something. I come down because I'm interested in something. I came down
tonight for one reason. I had heard that you changed Chairmanship in the Planning
Board. I thought, gee, that's strange, after the rhubarb that's been going back
and forth between the Town Board, and him. Is it possible that, that's why he's
being relieved from his job? So, I come down here looking for a simple explanation.
If I'd gotten the explanation of why he was removed, I r~ight turn around, and
walk out of here, and be perfectly satisfied with the explanation. The only thing
I'm saying, I think somebody in the town that takes their time out to come out
to try to find out, should be intitled to an explanation. Period.
SUPERVISOR HARRIS: You asked the question, and I think it was answered
adequately by this Board tonight.
COUNCILMAN PENNY: And I'll give my answer. Ed, you didn't stand up and
and ask that question. You asked that .question as a rhetorical response. You
didn't lead with that question. You tack it on to the end of something, and
before we had a chance to even answer you, which we're all doing right now,
you said, why aren't you giving me any answers? Well, give us the opportunity.
to speak, and we'll be very happy to.
ED SIEGMANN: Now you're starting to sound like Cuomo. That when somebody
says something...
COUNCILMAN PENNY: The public record will speak for itself. Hit us with a
direct question, but give us a chance to answer it.
ED SIEGMANN: I gave you a chance, and the only one that spoke up (tape
change. )
COUNCILMAN PENNY: That was at the meeting last night. That did not occur
at tonight's meeting, so we didn't realize that that's what you had on your mind
until you told us, and now that you told us we're responding. Okay? I feel
that the new Chairman, Dick Ward, will add professionalism to the Planning Board,
and a new line of communication, that has been grossly lacking for many months,
and that is response. Joe and I, on behalf of the public, suggested in the
Legislative Committee meeting, that there was some problems, and for awhile we
had some very in depth discussions. When Planning Board members were present,
some of the Planning, and Dick Ward was one of them, sat down and we addressed
these problems. Well, all of a sudden, Dick was not at one meeting, and the
present Chairman was. Instead of addressing the problems with us, we got
barrage in the press, that we were being told that we were trying to run down
the town, and trying to make the whole town look like Coram, then it was Brook-
haven, and then even worse. Okay? There was absolutely no reason to conduct
Town activities at that level. Dick Ward is a professional, and I have every
faith from the experience, that had dealing with him in the Legislative Committee,
that he will continue, and we'll get the Planning Board back on line, and that
was my reason, and my reason only.
ED SIEGMANN: A few words you used there, on behalf of the public. I'm
wondering what public went to you, and said that there should be a change in
the Chairmanship on that Board. You iust used the term, on behalf of the public.
JANUARY 5, 1993
319
COUNCILMAN PENNY: The public addressed problems to us, and we as
recipients of this, as elected officials, tried to pass this on, in a responsible
fashion, in a meeting with Planning Board members, and other Town members,
and what was happening was a mockery of the system, and unfortunately, it
went that way, and unfortunately there were people that participated in it, that
do not believe in sitting down, working out things the way they should be done
in this town. They love to run to the paper, and through character assassination,
personal innnuenos, and political assaults, they find it much better to handle
things in that fashion, than to sit down, and deal withus. I believe that with Mr.
Ward as the Chairman, this will end.
COUNCILMAN WICKHAM: What you've heard described is also carried out by
members of the Town Board.
COUNCILMAN PENNY: Sure.
ED SIEGMANN: I see the name Penny quoted in the newspaper a lot too, and
not advertising your lumber.
SUPE,RVISOR~ I~A~RRI,S: Because he works.
SUPERVISOR HARRIS: Can we have a motion to adjourn?
Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:20 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Southold Town Clerk