HomeMy WebLinkAboutTB-01/19/199332O
SOUTHOLD TOWN BOARD
JANUARY 19, 1993
EXECUTIVE SESSION
Present: Supervisor Scott L. Harris, Councilman George L. Penny IV, Co-uncilman
Thomas Wickham, Councilman Joseph J. Lizewski (9:30 A.M.), Councilwoman Alice
J. Hussie, Town Attorney Harvey A. Arnoff, Town Clerk Judith T. Terry. Absent:
Justice Raymond W. Edwards (out of state), Assistant Town Attorney Matthew G.
Kiernan (ill).
8:15 A.M. On motion of Councilman Penny, seconded by Councilwoman Hussie, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham, Councilwoman
Hussie.---The Board met with Special Counsel Frank Yakaboski to discuss the Zahra
litigation.---At 9:20 A.M. the Board met with Special Counsel James Reynolds to
discuss the Victor Lessard litigation.
WORK SESSION
10:05 A.M. - The Town Board met with Frederick Ross, Chairman of the Land
Preservation Committee. Members Dennehy, Simicich, Ryan and Oliva also present.
Mr. Ross reviewed the criteria for selecting and recommending to the Town Board
the acquisition of the Gillispie/Alford property in Orient, Catherine Simicich property
in Mattituck, and the Spectacle Ridge, Inc. property in Cutchogue. A public
hearing will be held concerning acquisition of the development rights in these
agricultural lands at 4:35 P.M. this afternoon. Mr. Ross explained that if these
parcels are acquired there will be approximately $60,000 left in the agricultural lands
fund, and $1,300,000 in the Open Space fund.
10:35 A.M. Scott Russell, Chairman of the Board of Assessors, met with the Town
Board to explain the Assessors' computations should the Board wish to increase the
over 6§ aged exemption limit. Mr. Russell stated that about 400 individuals now.
qualify for some percentage of exemption. Based upon a sliding scale of up to
$12,024 with a 50% exemption, to $16,825 with a 10% exemption, the average taxpayer
would pay approximately $1.54 additional if the proposal were approved. Councilman
Penny asked Mr. Russell to prepare a breakdown that would guarantee the taxpayers
would not have to pay over the $1.54 in additional taxes. The Board set 8:00 A.M.,
February 2nd for a public hearing on a Local Law to adopt the sliding scale (see
resolution no.' 17).
11:00 A.M. - Senior Planner Valerie Scopaz met with the Board to discuss the
Planning Board's request for an expenditure of $7,500 for new aerial photographs
of the Town of Southold. Ms. Scopaz advised that she has contacted several Suffolk
County, New York State and United States agencies and either they do not have
aerial photographs of the Town, or they are outdated. She explained that the
photographs would be utilized by the Trustees, Community Development, and other
departments, as well as the Planning Board. The Town Board agreed to allocate
the funds and placed resolution no. 22 on the agenda.---On another subject, Ms.
Scopaz asked for a clarification and definition of the responsibilities of Site Plan
Reviewer Robert Kassner. Supervisbr Harris advised he would provide the
information to Ms. Scopaz shortly.
JANUARY 19, 1993
321
11:05 A.M. - The Board met with North' Fork Environmental Council representatives
Linda Levy, Ann Lowry, Dorothy .Nintzel, and Jerry Waits. Also in attendance was
Michael LoGrande, Executive Director -of the Suffolk County Water Authority.
Discussion centered around the Water Authority's distribution of public water in the
Town of Southold, particularly along Peconic Bay Boulevard, Lau~el/Mattituck. Mr.
LoGrande provided the Town Board with.a copy of the Southold Town Pilot Area Mail
Survey, status through September 23, 1992, indicating that their mailing resulted
in 70.9% supporting responses,. 28.3% opposing, and 0.7% undecided. Further
statistics indicate 146 homeowners will probably connect, 59 only indicate support,.
86 oppose, 2 are undecided. Total mailing was 891, and no responses were received
from 598. The NFEC contends that the SCWA should not have gone forward without
the promised 70% of the residents committed before action would be taken. Mr.
LoGrande asserted that 70% of the responses 'indicated commitment. Councilman
Wickham stated that the Town does not have a Water management plan that is agreed
to by the Board and the people of the Town, at which time Councilman Penny
distributed a copy of the current plan which states: "In areas of existing
development where ground water is contaminated, public water systems shall be provid-
ed if economically feasible." At the conclusion of the meeting Mr. LoGrande
indicated that they ware awaiting permission from the Town Trustees to cross
Brushes Creek and contain the water main extension.
12:20 P.M. - Emanuel Kontokosta met with the Board to discuss his change of zone
petitions for Jem Commons and Southold Commons. Mr. Kontok0sta advised that he
would be willing to place covenants on the properties: the Jem Commons parcel
would have two access roads from Route 25; the 42 acre parcel (HD designation
requested) would have the density developed as only one unit per one-half acre;
the 20% affordable housing for the 42 acre parcel, in accordance with Suffolk County
AH regulations, would be increased to 30%, and he would meet the sales price and
eligibility requirements of the Town's AHD law; lastly whatever open space to be
provided would be located contiguous to the Brecknock Hall open space area. With
respect to the Southold Commons parcel,' the 32 acre parcel would be developed as
one-half, acre zoning, and the 20% affordable housing would be increased to 30%
under the same conditions as the Jem parcel. Mr. Kontokosta was asked to provide
the Board without new maps showing the proposed changes.
12:50 P.M. - Recess for lunch.
2:00 P.M. - The work session reconvened and the Board reviewed For Discussion
Items: (1) Appointment of Mary Ann Fleischman as Chairperson of the Youth Board
(see resolution no. 18'). (2) Appointment of Robert Whelan to the Board of
Assessment Review (see resolution no.'19). (3) Set 4:00 P.M., February 1st for
a hearing on the Coastal Erosion.appeal by Tony Kostalas. (4) Memorandum from
Principal Building Inspector Lessard suggesting that the road I~ame of Conklin Road,
Mattituck, be continued to Wickham Avenue. The Board would like input from
Superintendent of Highways Jacobs before making a decision. (5) Report by
Councilman Penny on his meeting with the Village of Greenport officials regarding
the East-West Fire Protection District and their Wards Program. (6) Proposed
Personnel Policy for hiring was submitted by Councilwoman Hussie and placed on
the agenda (resolution no. 20) for adoption. (7) Councilwoman Hussie's proposal
for adopting employee recognition letters or proclamations will be studied further.
(8) Board agreed to send the Requests for Proposals for the Stewardship Task
Force consulting services to additional individuals, and extend the deadline for
responses to February 28th. (9) Suggested code amendment to the HD District by
Planning Board Chairman Ward will be referred to the Planning & Zoning Committee.
(10) Appointment of Karen McLaughlin as an aide for the developmentally disabled
component of the Senior Adult Day Care Program (see resolution no. 21). (11)Council-
man Wickham advised the other Board members that he would like the Planning &
Zoning Committee to meet once a month on a Tuesday night when the Town Board
does not.
EXECUTIVE SESSION
3:00 P.M. - On motion of Councilwoman Hu~sie, seconded by Councilman Lizewski,
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, Town Clerk
Terry.---The Board discussed litigation, personnel, proposed purchase of the
Franklin Ri~:h property (see resolution no. 23), the consultants proposal with respect
to the SEQRA process for the proposed Southold Solid Waste Management District
(see ~'esolutions 24 & 25), contract negotiations.
Following a review of the resolutions to be voted upon at the 4:00 P.M. regular
meeting, the work session adjourned at 3:55 P.M.
322
JANUARY 19, 1993
REGULAR MEETING
A Recjular Meeting of the Southold Town Board was held on Tuesday,
January 19, 1993, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance
to the Flag.
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: Would you mind standing a minute in memory of those
who have served this country in the recent conflicts, and pray for those who
are there presently. Thank you. I need a motion to approve the audit of the
bills from January 19, 1993.
Moved by Councilwoman Hussie, seconded by Councilman Penny, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $105,665.64; General Fund Part Town
bills in the amount of $81,078.34; Nutrition Fund bills in the amount of $5,560.12;
Adult Day Care bills in the amount of $200.00; SNAP Program bills in the amount
of' $262.70; EISEP Program bills in the amount of $299.50; Community Development
Fund bills in the amount of $5,440.00; Highway'Fund Whole Town bills in the amount
of $21,998.84; Highway Fund Part Town bills in the amount of $40,867.45; Agricultura",=-
Land Development Rights bills in the amount of $905.34; Hydrogeolic Landfill
Study bills in the amount of $5,127.50; Employee Health Benefit Plan bills in the
amount of $21,427.79; Fishers Island Ferry District bills in the amount of $37,497.91;
Southold Wastewater District bills in the amount of $19,172.72; Fishers Island
Sewer District bills in the amount of $118.54; Fishers Island Ferry District Agency
& Trust bills in the amount of $317.39.
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 of January 4,
1993.
Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the January 4, 1993, Organizational Southold Town Board
meeting be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Supervisor Harris. Abstain: Councilman Wickham.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes from January 5,
1993.
Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the January 5, 1993, regular Southold Town Board
meeting be and hereby 'approved.
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 set February 2, 1993, at' 7:30 P.M.,
the next regularly scheduled Southold Town Board meeting.
Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that the next recjular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, February 2, 1993, at the Southold Town Hall, Southold,
New York.
Vote of the Towr~ B~ard: Ayes: Co~mcilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
' . JANUARY 19, 1993
323
I. REPORTS.
1. Southold
2. Southold
3. Southold
4. SouthOld
5. Southold
1992.
6. Lawrence
7. Lawrence
8. Southold
for January, 1993.
9. Southold
10. Southold
December, 1992.
11. Southold
1992.
Town Clerkis Annual Report for 1992.
Town Justice Tedeschi's Monthly Report for December, 1992.
Town Dog Shelter Monthly Report for December, 1992.
Town Dog Shelter Annual Report for 1992.
Town Community Development Monthly Report for December,
Healthcare CSEA Benefit Report for December, 1992.' ~
Healthcare PBA Benefit Report for December, 1992.
Town's Developmentally Disabled Recreation Program Report
Town Justice Edwards' Monthly Report for December, 1992.
Town Scavenger Waste .Treatment Facility Monthly Report for
Town Scavenger Waste Treatment Facility Annual Report for
12. Southold Town Justice Tedeschi's Annual Report for 1992.
13. Southold Town Justice Edwards' Annual Report for 1992.
14. Councilmen's Report.
15. Supervisor's Report.
II. pUBLIC NOTICES.
1. New York State Department of Environmental Conservation, No{ice of
Complete Application of SouthoId Town to replace an existing asphalt boat ramp
with a 10 ftx 10 ft concrete ramp and concrete slabs and dredge off of a boat
ramp located in inner bay off of West Harbor, Fishers Island, Southold, Suffolk
County, New York.
Iii. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1. 4:30 P.M. on a proposed "Local Law in Relation to Alarms".
2. 4:35 P.M. on the questions of the Acquisition of Development Rights
in the Agricultural lands of certain properties.
V. RESOL~UTIONS.
SUPERVISOR HARRIS: At this time, are there any members of the audience,
that would like to address this Board on any resolution that we'll be enacting
in the next few minutes? Yes?
RUTH OLIVA: I'm Ruth Oliva. Could you give me some information about this
proposed Southold Town's Solid Waste Management District, proposed garbage district,
I take it? So you have any further .information?
SUPERVISOR HARRIS: All this is, is the formation of a Landfill District, a Solid
Waste district, which started sometime last year. We're continuing through with
the steps, and today this is the environmental aspect of that formation of the
District, which is required by law, and we're just continuing on that process.
This will separate out the solid waste, that is included now in the General Fund,
into a Special District, which everyone will be able to see, and obviously, the
motive behind it.is, the more that you recycle, reduce, and reuse, the less volume
produced, the less you'll pay, and it will be obvious to those reflected in a Special
District with a separate budget for all items relating to the Landfill.
RUTH OLIVA: Then I would take it, if you do have a Garbage District, you're
going to have to go out to bid as far as closing it?
SUPERVISOR HARRIS: No. This is .not an administrational pickup. This is
strictly a budgetary procedure.
RUTH OLIVA: The budgetary is always...so long, was to take it out of the
General Fund, so you show everybody exactly what they're paying just for the
Landfill, and nothing else.
SUPERVISOR HARRIS: What solid waste will cost them in the future. Absolutely.
COUNCILMAN PENNY: One other thing is that, as you may recall it was several
years, as a matter of fact, even when Bob Tasker was alive, that Fishers Island
wanted to be separated, and we found that it was easier to separate Fishers Island
by..first it was talked about making a Special District over there, and then we
were going to make a Special District here, and then at that time it required State
legislation to do it, and then we talked about making a municipal agreement with
Fishers Island, because they had thei- own Garbage District, and they pay all
pay for their own garbage, and what finally came out is, that we do not r~equire
the special legislation. All we require now is the formation of the district, so
Fishers Island won't be single and separate from Southold Town. You'll have
one very happy .Judge when this passes.
SUPERVISOR HARRIS: Are there any members of the audience, that would like
to address this Board on any resolution, that we'l be acting upon in the next
few minutes? (No response.) If not, Councilman Wickham, why don't you start
with the first resolution?
1.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a grant application to the New York
State Department of Environmental Conservation, National Small Business Tree
Planting Program; said program to be of no cost to the Town of Southold, local
match will be in-kind services.
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 Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to ~xecute Partial Payment Request No. ONE
to the Federal Aviation Administration for reimbursement of $22,340.'12 under the
Fishers Island Elizabeth Field Airport Runway 12-30 Overlay (Design) project;
all in accordance with the recommendation Of C&S.Engineers, Inc., 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.
3.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
'RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to advertise for resumes for a part-time Data Entry Operator, 17-1/2
hours per week, at a salary of $7.50 per hour.
3.-Vote of the Town Board: Ayes: Councilwoman 'Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared du y ADOPTED.
4.-Moved by Councilman Penny, 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 Partial Payment Request No. ONE
to the Federal Aviation Administration for reimbursement of $18,845.82 under the
Fishers Island Elizabeth Field Airport Runway 7-25 Overlay (Design) project; all
in accordance with the recommendation of C&S Engineers, Inc., the Town's
engineers for the project.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Lawrence Healthcare Administrative Services to pay the $253.00 outstanding medical
claim of Long Island Jewish Medical Center, New Hyde Park, New Yorl% ¥or pre-
submission testing of Holly Perrone, Southold Town employee, which claim is from
December 4, 1991 and was never received by Lawrence Healthcare Administrative
Services.
5.-V0te of the Town Board: Ayes: Councilwoman Hussie,.Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
325
JANUARY 19, 1993
6.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal of Cramer, Voorhis & Associates, in the amount of $500.00, to perform
the following consulting services with respect to the proposed Southold Solid Waste
Management District: Prepare Long Environmental Assessment Form, Parts I, II,
III, and draft a proposed declaration.
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 Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the application of Eugene Vanden Bosch, owner of Northeast
Nurseries, for renewal of his watchman/caretaker trailer permit, for trailer
located on the south side of County Road 48, between Cox Lane and Bridge Lane,
Cutchogue, which permit expires on February 8, 1993, be and here¥ is granted
for a six (6) month period.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Georgia
Rudder to the provisional position of Senior Clerk Typist in the Building Depart-
ment, effective January 19, 1993, at a salary of $23,438.89 per annum.
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILWOMAN HUSSIE: I would like to add just a little bit for those people,
who are here, this is not a new job. This is justa re-classification of someone
who is already working here.
'9.
-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the
1993 budget for the Town of Southold Employee Health Benefit Plan as follows:
Revenues:
MS.2401 Interest & Earnings $ 2,000.00
MS.2709 Retiree & COBRA Contributions 25,000.00
MS.5031 Interfund Transfers 916,000.00
Total Revenues: $943,000.00
Appropriations:
MS.1910.4 Insurance, Contractual Expenses $100,000.00
MS.1989.4 Medicare Reimbursement, Contractual Exp. 26,000.00
MS.8686.4 Administration, Contractual Expenses 26,000.00
MS.9060.8 Hospital & Medical Benefits 791,000.00
Total Appropriations $943,000.00
' 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 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 submit to the Federal Aviation Administration
the annual goal update for the Town of Southold's Disadvantaged Business
Enterprise (DBE) Program for Fishers Island Elizabeth Field Airport, all in
accordance with the plan as prepared by the Town's consultants, C&S Engineers,
Inc.
-10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
resolution no. 8, adopted on October 20, 1992, authorizing Supervisor Harris to
execute a Day Training Services Contract between the New York State Office of
Mental Retardation and Developmental Disabilities, acting by and through the Long
Island Developmental Disabilities Service Office, and the Town of Southold, whereby
the Southold Town Department of Human Resources will provide care, treatment,
rehabilitation, education, training and support services to mentally retarded and
developmentally disabled persons, fo.r the period commencincj on January 1, 1993
and terminating on December 31, 1997, all !n accordance with the approval of the
Town Attorney.
326
JANUARY 19, 1993
COUNCILMAN WICKHAM: The change is. basically to extend it one more year.
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 Councilwoman Hussied, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Lawrence Healthcare Administrative Services to pay the $85.00 outstanding medical
claim of Frederick J. Tedeschi for services rendered to his son, Frederick J.
Tedeschi, Jr., on December 19, 1992, and the claim was never received by
Lawrence Healthcare Administrative Services.
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 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 Local Government Records
Management Improvement Fund Grants-in-Aid Project Application for a requested
grant of $22,270.00, for an Inactive Records Management Grant for Town Records
through the Town Clerk's Office, for the period July 1, 1993 through June 30,
1994.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Once, again, I'd like to have our Town Clerk explain
the Record Management Fund Grant, that has been an ongoing process, and how
valuable this is to this Township. Judy, why don't you tell a little bit about
it?
TOWN CLERK TERRY: It's just as valuable as you say. This is our third year's
application. We've already received $17,000.00, and $15,000.00, in two different
years. We hope we'll be successful this year. We're doing active records, and
inactive records. This year we're doing inactive records, so it's a continuation.
We've already installed new shelving to State specifications in the vault, and we're
looking forward to doing that this year in the storage area. Now they are old
wooden shelves, and inadequate facilities, and we're kind of excited about the
whole thing. We've done almost every active record in the Town Hall, and the
· Highway Department; and the Police Department. I think all we're lacking is the
Nutrition Center, and this is at no cost to the Town.
SUPERVISOR HARRIS: Thank you for the good work on that, Judy.
14.-Moved I~y Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes and
directs Supervisor Scott L. Harris te execute an agreement between the Town
of Southold and Cornell Cooperative Extension of Suffolk County's Marine Program
whereby Cornell COOperative Extension will provide technical support for the
establishment of a shellfish hatchery and nursery system for Southold Town using
the Suffolk County Marine Environmental Learning Center facility, for the period
of January 1, 1993 to December 31, 1993, at a total fee of~ $16,000.00.
14.-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'd like to comment that we're very thankful to Cornell
Cooperative Extension for the work they do in the marine field. Obviously, many
of our natural resources, that benefit the townspeople through recreational purposes,
as well as through financial purposes for those who make a living off it, and for
those who use it as secondary income, is well received within boundaries. Cornell
works very hard for this township, and we're very fortunate that the Marine
Facility, which is run by them in coniunction with the Town of $outhold, and
the hatchery, that has been put in place some years ago, when they took over
that facility. This funding this year has been increased to help benefit, again,
the devastation that took place from 1985 and ongoing Brown Tide, that hit our
Town waters, and we hope that in this small way, that it will help to bring back
some of those shel'lfish industries, as they have been impacted, as I said, in the
past. So, think it's great that they continue to work so hard in our behalf.
JANUARY 19, 1993
327
15.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of a 1993 Ford 4X4 Utility Vehicle for the Bay Constable, from Lucas
Ford, Lincoln, Mercury, Southold, at a cost of $18,768.00, from the NYS 13id
Contract; said charge to be made to Bay Constable, Equipment, B3130.2.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, 'Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, 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 advertise for bids
for drydocking MV .Vlunnatawket for periodic inspection, refurbishing of her under-
water body, and such repairs as may be found necessary, all in accordance with
prepared speci.fications.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Supervisor Harris, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Senior Citizen Exemp-
tions"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, February 2,
1993, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearing on the aforesaid proposed Local Law, which reads as follows:
LOCAL LAW NO. - 1993
A Local Law in Relation to Senior Citizen Exemptions
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 85-1 (partial exemption for senior citizens) is hereby
amended to read as follows:
II.
Real property owned by one (1) or more persons, each of whom is
sixty-five (65) years of age or over, or real property owned by
husband and wife, one (1) of whom Ts sixty-five (65) years of age
or over, shall be exempt from Town taxes t~ ~he ex~.en~ oF
Fi~¥- per~et~- ~58%:~ oF ~he assessed- va+~a~orr ~hereo~
to the extent provided subiect to the followin9 income limitations:
Inceme
Extent of exemption
up to $12,024
12,025 to 12,62[~
12 625 to 13,224
13 225 to 13,82¢
13 825 to 1~;¢24
1~ 425 to 15,02~
15 025 to 15,624
15 625 to 16,224
16 225 to 16,825
50%
~5%
~0%
35%
3o%
25%.
)0%
Bo
Such exemption shall be computed after all other partial exemptions
allowed by law have been subtracted from the total amount assessed.
The real property tax exemption on real property owned by husband
and wife, one (1) of whom is sixty-five (65) years of age or over,
once granted, shall not be rescinded solely because of the death of
the older spouse, so long as the surviving spouse is at least
sixty-two (62) years of age.
This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
** Overstrike represents deletion(s)
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary
Ann Fleischman as Chairperson of the Southold Town Youth Board, effective
January I, 1993 through June 30; 1993, at a salary of $3,308.00 for that six
month period, to be paid 'n regular bi-weekly payments.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert
H. Whelan a member of the Southold Town Board of Assessment Review, effect ve
January 9, 1993 through September 30, t995, to fill the unexpired term of Thomas
J. Henry.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILWOMAN HUSSIE: Numbe- 20 has come up, because until now the Town
has been hiring people through various departments, and while the Town Board
has approved all of those appointments, we've never really taken an active part
in it. This is an effort to take a more active part in hiring.
20.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the 'Town of Southold hereby establishes the
following Personnel Policy for Hiring:
(A) All people appointed by the Town Board as new employees of Southold
Town (excluding Highway Department, by Town Law) will have been approved
by the Personnel Committee and the Town Board.
(B) The Personnel Committee, Town Board and/or relevant Standing
Committee(s) will, for this purpose, meet with the applicant, in person, and review
his/her Town application for employment.
(C) Under urgent circumstances, where the Town requires the services
of, and appoints, a newly-hired person before the Personal Committee, the Town
Board and/or the relevant Standing Committee[s) has had an opportunity to meet
with the applicant, the appointment will be considered provisional, and the proce-
dure above will be followed retroactively.
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Counc~ilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED'.
21 .-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Karen
McLauqhlin as an aide for the developmentally disabled component of the Senior
Adult Day Care Program, effective January 25, 1993, 20 hours per week, $7.50
per hour; salary to be. paid through a grant from the Office of Mental Retardation
and Developmental Disabilities at no cost tO the Town of Southold.
SUPERVISOR HARRIS: Karen usedto work for this Township. Left for a short
duration, and we're pleased to have her back.
21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilman Wickham, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southotd hereby engages the
services of Aerographics Corporation, at a cost not to e×ceed $7,500.00, to provide
the Town with current aerial photographs of the Town of Southold.
329
JANUARY 19, 1993
COUNCILMAN WICKHAM: This would be used by various Boards, and the Trustees,
of the Town of Southold.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOI-VED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Contract of Sale between
Franklin Overton Rich and the Town of Southold, for the purchase of 10.35 acres
of land on the east side of Peconic Lane, Peconic, SCTM #1000-74-3-24.1, at a
purchase price of $155,000.00; said funds to be drawn from the Park and Play-
grou[~d Account.
23.-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'd like to let Councilman Lizewski comment.
COUNCILMAN LIZEWSKI: We're very excited about the purchasing with Park and
Playground funds of ten acres right in the center of town on Peconic Lane, which
has been leased by the Town for years as a Little League field. We have three
Little League fields on it, and the Town has taken the opportunity to now purchase
this land, and hopefully improve on it with our Recreation Department. I think it's
~n~ excellent, excellent purchase at this time for the Town with these funds, which
were earmarked for this type of purchase.
SUPERVISOR HARRIS: l'm extremely pleased that the Town has moved in this
direction for the youth of this community. We'd als'o like to thank Mr. Rich for
his generosity in this matter. Some time .ago it came to my attention that there
was a Little League team, that was renting a field from this individual on an annual
basis, and last year we ended up helping this Little League team. In lieu of
equipment we ended up paying the lease for them for the year, which amounted
to about what the taxes were, and the idea came in to proceed, to contact Mr.
Rich to see if he would be interested in giving this to the Town of Southold at
sum that was set by an appraisal, for the future of Southold Town to use in all
perpetuity, and certainly Mr. Rich has responded positively. 'Ehis Board has
responded, and I- congratulate this Board on this movement for planning for this
area in the future. The youth of this community, most of them are limited to
where :they can have recreational sports, and certainly 10.4 acres, which fronts
on two different roads, Peconic Lane and Ca~roll Avenue, would be a tremendous
asset for this town for many, many decades to come, and we hope that everyone
in the township will continue to utilize this facility in a manner, which they've
been accustom to, and of course, the Town will continue now, once the contracts
have been executed, and there's been a closing, we will then move to spruce up
this property, and really make it a part of what we consider to be our heritage,
and continuing effort for recreation in Southold Town..So, again, thank the Board
for that. I think you did a great job on it.
24-25.-Moved by Supervisor Harris, seconded by 'Councilwoman Hussie,
· WHEREAS, the Town Board of the Town of Southold intends to establish a solid
waste management district for provision of facilities, improvements and services
in conhection with the collection and disposal of refuse and garbage in the Town
of Southold, exceptive of Fishers Island; and
WHEREAS, the proposed creation of a solid waste management district would
constitute an action under the rules and regulations for the implementation of the
State Environmental Quality Review Act (SEQR); and
WHEREAS, the Town Board of the Town of Southold is the only agency involved
in the proposed creation of a solid waste management district as authorized pursuant
to Section 209-b of the Town law; and
WHEREAS, the Town Board of the Town of Southold has caused a Full Envrionmental
Assessment Form (Parts I and II) to be prepared in consideration of the proposed
action;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold as
follows:
1. The proposed action is considered to be a Type I action pursuant to 6
NYCRR Part 617.12(12), which states "any Unlisted action which takes place wholly or
partially within or substantially contiguous to any critical environmental area designated by
a local or state agency pursuant to section 617.4(h) of this Part [SEQR]".
2, The Town Board of the Town of Southold hereby assumes lead agency
status in consideration of the proposed action pursuant to 6 NYCRR Part 617.6(a)(1),
which states "An agency will be the lead agency when it proposes to undertake or,
receives an application for funding or approval of a Type I or Unlisted action that does not
involve another agency".
3. The Town Board of the Town of Southold hereby adopts a Negative '
Declaration (attached) in consideration of the proposed action and the relevant
documentation available, pursuant to 6 NYCRR Part 617.6(a) (1) (i), which states "If the
agency is directly undertaking the action, it shall determine the significance of the action
as early as possible in the design or formulation of the action".
4. The Town Board of the Town of Southold authorizes the Town Clerk to
circulate said Negative Declaration in accordance with the Notice and Filing Requirements
contained in 6 NYCRR Part 617.10, and such other agencies as may be appropriate, and
to post the Negative Declaration on the Town Clerks Bulletin Board.
SEQR
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Lead Agency:
Town Board of the Town of Southold
Address:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date:
Januaw 19 ,1993
This notice is issued pursuant to Part 6171 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review) of the Environmental
Conservation Law.
The lead agency has determined that the proposed action described below will n ct
have a significant effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Action:
SEQR Status:
Project Description:
Location:
Southold Solid Waste Management District
Town of Southold, New York
Unlisted Action [6 NYCRR Part 617.12(12)]
The Town Board of the Town of Southold intends to
establish a solid waste management district for
provision of facilities, improvements and services iin
connection with the collection and disposal of refuse
and garbage in the Town of Southold, exceptive of
Fishers Island. At present, there is a similar solid waste
management district for Fishers Island. As a result,
residents of Fishers Island incur duplicate garbage
handling fees. The proposed new district would
exclude Fishers Island, thereby resulting in no change
in serv~'ces; however, solid waste management taxation
would be more equitable for residents of Fishers Island.
The Town of Southold, located east of the Town of
Riverhead, and comprising a portion of the north fork of
Long Island, exceptive of F shers Island.
JANUARY 19, 1993 33 1
Reasons Supporting This Determination:
This determination is issued.in full consideration of the Criteria for Determination of
Significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment
Form Parts I, II and the following specific reasons:
In comparing the proposed action with SEQR Criteria for Determination of
Significance it is noted that theaCtion will not change, destroy or impair air, water
or natural/Open space resources, or historic/archaeOlogical resources in tl~e Town
of Southold. The action will not increase traffic volumes, solid waste generation or
impact on community services, population patterns, noise levels, or the use of
energy. The proposed action is not in material conflict with the municipalities
current plans or goals. The proposed action will not create a hazard to human
health.
The current handling and disposal of solid waste in the Town of Southold will not be
altered as a result of the proposed project.
The proposed action will have beneficial impacts by creating a more equitable
arrangement in terms of taxation of the residents of Fishers Island for solid waste
collection and disposal.
24-25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: They say, that timing is everything, and at this time
I need a motion to recess to go into public hearings for the afternoon.
Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that a recess be called at this time, 4:30 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meetin~ reconvened at 4:45 P.M.
SUPERVISOR HARRIS: The Board has asked to defer on the second resolution
of the afternoon. Judge Edwards wil'l be back March 1st, and that will give him
an opportunity to, also, cast his vote in reference to acquisition of development
rights. On the first resolution, a Local Law., would the Board like to enact that
today?
26.-Moved by Councilwoman Hussie, seconded by Councilman Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 22nd day of December, 1992, a ,proposed Local Law No. I - 1993 entitled,
"A Local Law in Relation to Alarms"; and
WHEREAS, a public hearing was held on this proposed Local Law on the 19th day
of January, 1993, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that Local Law No. 1 - 1993 be'enacted as follows:
LOCAL LAW NO. 1 - 1993
A Local LaW in Relation to Alarms
BE IT ENAC-EED, By the Town Board of the Town of Southold as follows:
Chapter 2kt (Alarm Systems) of the Code of the Town of Southold is
hereby deleted in its entirety and a new Chapter 2it (Alarm Systems) is
adopted to read as follows:
1. Section 2u,-1 Purpose.
The purpose of this chapter is to establish standards and controls
of the various types of fire, intrusion, holdup and other emergency
signals from fire and police alarm services that require fire
department or police responses, investigation or safeguarding of
property at the location of an event reported by a signal which is
transmitted by telephone or radio to the police or fire department
from a central station as her~einafter defined.
2. Section 24-2 Definition.
For the purpose of this chapter, the following definitions shall
apply:
ALARM INSTALLATION - Any fire or police alarm device or
aggregation of fire or police alarm devices installed on or within a
single building or on or within more than one (1) building or area
adjacently located on a common site at a specific location.
CENTRAL ALARM STATION - Any facility operated by a private firm
that owns or leases a system of fire or police alarm devices, which
facility is manned by operators who receive, record or validate
alarm signals and relay information about such validated signals to
the police or fire department when appropriate.
DIAL ALARM - Any fire or police alarm device which is a telephone
device or telephone attachment that automatically or electronically
selects a telephone line connected to a central alarm station or
police headquarters and reproduces a prerecorded message to report
a criminal act or other emergency requiring the police or fire
department.
DIRECT ALARM - Any fire or police alarm device connected directly
by leased telephone wires from the specified location to police
headquarters or the fire department.
EMERGENCY ALARM - Any fire or police alarm device designed tO be
activated by a fire, criminal act or other emergency at a specific
location or by a victim of a holdup, robbery or other emergency or
criminal act at a specific location. /
FALSE EMERGENCY ALARM - Any signal activated by an emergency
alarm to which the fire or police department responds which is not
the result of a fire, holdup~ robbery or other crime or emergency.
FIRE DEPARTMENTS - Buildings owned by the fire districts of
Orient, East Marion, Southold, Cutchogue, Mattituck and their
respective protection areas.
FIRE OR POLICE ALARM DEVICE - Any device which, when
activated by a fire, criminal act or other emergency requiring
police of fire department response, transmits a prerecorded message
or other signal by telephone, radio or other means to a central
alarm station or directly to the police or fire department or
produces an audible or visible signal designed to notify persons
within audible or visible alarm range of the signal.
INTRUSION - Any entry into an area or building equipped with one
(1) or more fire and police alarm devices by any person or object
whose entry actuates a fire or police alarm device.
LICENSING AUTHORITY - The Town Board of the Town of Southold
or its designated agent.
PO.LICE HEADQUARTERS - Police headquarters and other enclosures
housing privately or publicly owned equipment serving the police.
TOWN OF SOUTHOLD - All of the Town of Southold, excluding
Fishers Island.
JANUARY 19, 1993
333
3. Section 2~,-3 Permit requ'res.
Any property owner or lessee of property in the Town of Southold
having on his or its premises a fire or police alarm device, or
system of fire or police alarm devices, shall apply to the licensing
authority for a permit to own or otherwise have such device on his
or its premises. The application shall contain provisions relating
to the device or system of devices installed or to be installed on
the premises. No such device may be installed on the premises of
the owner or lessee and no presently existing fire or poiice alarm
device complying with the provisions of this chapter shall be
modified after, the effective date of-this chapter prior to the
licensing authority's having issued a permit to such owner or
lessee. Such permit shall be valid for a period of one (1) year
from issuance and must be renewed upon expiration.
Section 24-~ Fees.
Permit fees shall be as follows:
Owner or lessee permits:
(1) Initial. Permit: twenty-five dollars ($25.)
(2) Renewal Permit: ten dollars ($10.)
Section 24-5 Intentional false alarms.
It shall be a violation of this chapter to intentionally cause a
false emergency alarm, and any person who does intentionally cause
a false emergency alarm shall be subject to' the penalty provision
hereof.
6. Section 24-6 Charges for false alarms.
Any owner or lessee of property having a fire or police alarm
device or system of fire or police alarm devices on his or its
premises on the effective date of this chapter shall pay to the
town a charge for each and every false emergency alarm to
which the fire or 'police department responds, in each calendar
year, as follows:
(1) First, and second false' emergency alarm each calendar
year: no charge.
(2) Third and all subsequent false emergency alarms each
calendar year: one hundred dollars ($100.).
The above charges shall be paid to the Town Clerk. Failure to
pay any such charges shall subject SUCh owner, lessee or user
to the penalty provisions of this chapter.
The Licensing Authority shall promulgate rules, regulations and
standards, which may be necessary for the purpose of assuring
the quality, efficiency and effectiveness of fire or police
devices and alarm installations owned, operated, maintained,
installed, leased or sold by a licensee pursuant to Article 6D
of the General Business Law of the State of New York and to
facilitate the administration of this chapter. The Southold
Police Department shall enforce the provisions of this
chapter. The aforesaid rules, regulations and standards shall
be set forth in writing, and copies shall be available for
licensees.
-7. Section 24-7 Severability.
If any part or parts of this chapter are fo~- any reason held to be
invalid, such decision shall not affect the validity of the
remain'lng portions of this chapter. The Town Board hereby
.declares that it would have.passed the-local law enacting this
chapter and each section, subsection, .sentence, clause and phrase
thereof, irrespective of the fact that any one (1) or more sections,
subsections, ~entences, clauses or phrase might be declared invalid.
8. Section 24t-8 Penalties for offenses.
Any person, firm or. corporation who or which does not pay any
charge or fee established in this chapter who or which violates any
provision of this chapter shall be subject to a fine not in excess
of two hundred fifty dollars ($250.) for each offense. A separate
offense shall be deemed committed upon each day during which a
violation occurs or is committed, and such violation may constitute
disorderly conduct, in which event such person shall be a disorderly
person.
II. This Local Law shall take effect upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, that ends our public session in reference
to business. Are there any members of the audience, that would like to address
this Board on any issue, that you feel may be .important for us to have an under-
standing or knowledge of?
RUTH OLIVA: Ruth Oliva. I just have two comments. One, I always had the
greatest respect for Michael LaGrande. I've worked with him on preservation
of lands in Orient. He has certainly done a wonderful job for the Town in trying
to help us acquire land around Laurel Lake. He helped the Suffolk County Water
Authority purchase a piece of property around Laurel Lake, and I think that he
really is interested in good planning, however, just for the record I do agree
with Councilwoman Hussie, that although he has done all these wonderful things
there was certain procedures that he did promise the Board, and I have it in
my note on May 5th of 1992, that were not followed through. I think it was just
a bad communication, that was very unfortunate.
SUPERVISOR HARRIS: And hopefully, Ruth, in the future it will not happen again.
RUTH OLIVA: I hope so. My second comment was, I was really rather amazed
that the Town Board allowed a developer to come in, and speak to the Board about
a zone change, when it was my understanding that it was passed practice that
the Board would never talk to an applicant with zone chanqe before they themselves
had reviewed the application and either denied it, or approved it. To me today
sounded more like contract zoning, and we have had a suit against us at one time
for contract zoning, and we lost. So, I would hope while the Board may take
the applicants suggestions in mind, that they will remind him that he has to apply
for a new application before any decisions can be taken before the Board. Thank
you.
SUPERVISOR HARRIS: Is there any members of the audience, that would like
to speak?
COUNCILMAN PENNY: I would just like to speak. The only way that we can
deal with an applicant is in public. The application for a zone change has been
made before this Board, and it is a proper' matter before this Board. The policy
that the Town Board has, is that they will not meet with an applicant for a zone
change before the papers are flied. This is well after the environmental process.
The public hearing has been held, and the applicant met with the Town Board
in broad daylight to discuss with us possible changes that he would be willing
to make. I see nothing healthier, than having these meetings at this time. If
it was before the application was pending, I would agree with you, and we would
refuse to meet with him. Everything today was very, very proper.
RUTH OLIVA: I understand the appli~ant'~ problem. He's had the land for many
years. He'd like to do something for it, but the appearance, the ethical appearance,
I think George, looks as though, well, if you do this, I'll do that. Well, maybe
if you do this, then we can agree to that. I'd rather see a proper application
come before the Board, if he has a change, or wants to change what he wants
to do. Fine, then let him make the proper application, and then the Board can
look at that application, and decide whether it likes that or not. If you haven't
decided one way, or another on his original application.
COUNCILMAN PENNY: Ruth, the man offered in clear daylight, in public view,
which is probably the most ethical way to offer something to the Board. The
Board absolutely sat here, and acknowledged his offer, and that's all that the
Town Board did. We did not compromise. We did not make anyconcessions. We
are only considering the fact that he has offered to modify a proposal, which was
JANUARY 19, 1993
335
brought before us, and he did it in broad' daylight. I hate to hear you question
the ethics of people, that are willing to do this in a most public fashion.
RUTH OLIVA: I prefer seeing it frankly, George, as a previous member of the
Board, I would have preferred to see a oew application to be made to the Town
Board, and you could review that. I'm Sorry. We have a difference of opinion
on how it should be handled. Thank you.
SUPERVISOR HARRIS: Thank you. All the way in the back?
ED SIEGMANN: I just have a couple of questions in reference to resolutions.
Resolution three, advertise for a part-time data entry operator, is that a new
job?
SUPERVISOR HARRIS: We had an individual who was in that position. She left.
She was a college student, and she left, .and this is replacing that college student
with another part-time employee.
ED SIEGMANN: It's not a new job, but a replacement. Right?
SUPERVISOR HARRIS: Yes.
ED SIEGMANN: On seventeen, the one in reference to the Local Law on Senior
Citizen Exemption, what is the figure that you're using on that?
SUPERVISOR HARRIS: The figure, that we're using is on a sliding scale. It
starts at the fifty percent level, which is $12,025.00, and it goes up to $16,825.00.
ED SIEGMANN: I appeared before you some time ago, .and made a request in
reference to $19,800.00 figure, which was the figure up until last year, that was
okayed by the County, and the State. I was wondering why you went away from
that figure, when it was such a; miminal cost to anybody else. If I believe correctly,
the cost is $.14 a hundred, or $1.40 a thousand, and we figured that on the average
of $7,000,00 assessment, that it would be a small amount for the additional taxpayers
to pick up to cover it to $19,800.00. Is there any reason why you went away
from that figure?
SUPERVISOR HARRIS: We had a presentation by the Board of Assessors today.
'They told the impacts to the Town, and I'm not sure at this time, whether I can
go into detail about it until I have the public hearing. I would suppose I can
just offer to you what the explanation was. .I don't have th~ numbers in front
of me without pulling them out, Ed. I think it was $1.54, was the impact per
resident for the increase, that was proposed.
ED SIEGMANN: $1.54 what? A thousand?
SUPERVISOR HARRIS: No. Per household.
ED SIEGMANN: Per household. But, since going to the $19,800.00 doesn't increase
that much. You know we're just going through firemen getting pensions. I know
my fire cost went up this year on my taxes, $33.00 a year, just to cover the
firemen for pensions. Now, this is giving a pension to people, who are on salaries,
who have incomes, and I know when they retire the possibility is they will not
have an income, but if we can pay $33.00 to put firemen's pensions up, why is
it such a problem to put senior citizen exemptions up to $19,800.00, if the cost
is only ~.14 a hundred?
SUPERVISOR HARRIS: Well, again, we haven't been given information on the
max. The Town in the past never adopted the max, that the State had put in
place. They always put a number in that was a moderate number, which wasn't
the cap, and it certainly wasn't the bottom. In reference to looking at, especially
what other school districts throughout the town have done, 'who offer the same
exemption, this is in line with what other muncipalities are offering, and I guess
that's the thinking behind this offering here.
ED SIEGMANN: T. he top figure is not $19,800.00 anymore. The top figure is
$21,000.00 at the present time, so, the request that I made that time for $19,000.00
(tape change) For your information Ri~erhead School District has just gone to
the $19,800.00, and the other school districts out here haven't acted on it yet,
because we're just in the process of sitting down with them, and asking to increase.
What I would make a request to you is, that since the Assessors made this proposal
to you, I Would ask you to get the figures from the Assessors in reference to
the $19,800.00, and reconsider it, because I think $19,800.00 with somebody paying
$3,000.00 in property tax these days, leaves them with $16,000.00 with the rest
of their living for the year. It's not a hell of a lot, if they got to pay for their
own medical coverage, and all the other things that they have to pay for today.
So, my request would be to reconsider the amount.
SUPERVISOR HARRIS: That would certainly be taken under advisement, Ed.
Now, the Board, I don't know if there's enough time with the meeting schedules,
that are existing in order to re-advertise, and to go through the procedure
through a legal manner. This procedure, that is here now, because there are
no meeting now again until February 2nd. After that the next meeting is on the '
28th. I'm not sure if there's time frames to go through it again. It's possible
to rethink this. We'll certainly bring it up to the Board at the next meeting on
the 2nd, before the public hearing is held to see if they want to reconsider. I
don't know whether it meets the time frame or not.
ED SIEGMANN: What is the date now, the Assessors are here, so t guess they
know, what is the date now, that you have to have your request in order to be
public for 19937
SUPERVISOR HARRIS: Bob Scott, is here, an Assessor.
ROBERT SCOTT: It has to be filed..it has to be approved by the Town Board
on or before March 1st.
ED SIEGMANN: I would think, that if that's the case, I would think that there
would be time, because if you wanted to change it you could just put back the
times of the meetings, the date of the meetings, and have it acted on at that time.
SUPERVISOR HARRIS: I don't know the mechanics of i.t, so I have to defer to
the Town Clerk.
ED SIEGMANN: I wish you would reconsider, because $16,000.00 today with the
taxes that you pay out here, and that, is not a hell of lot of an income.
SUPERVISOR HARRIS: At the presentation, I think there was approximately 400
people, who are elegible under the present scenario that set up for age exemptions,
and the impact was $188..000.00, so all these factors were taken into accord today,
when the presentation was made.
ED SIEGMANN: Well, when you buy the development rights from these pieces
of farm, and I don't have any objects to it.. I only raise it,as the lady did back
there, who said does the tax reduce on that? The tax reduce on that, which
passes on to the other people, too, so I'm not quite sure in my mind whether
it's more important to pass the savings like that on to somebody, that has farmland
or to save to put on to 400 people that you're talking about, that have earnings
of less than $16,000.00. Rather than belabor it, I would like to suggest that
you reconsider. One other thing, that I would like to say to you, in reference
to that ballpark property, that you bought up there, I think it's a good thing.
We need things like that in the town, and I thought there's a possibility of you
considering something else. You know, '~n some of these areas today where you
have two acre zoning, you ask them to do 'cluster building,' when they build
their houses, and you might be left with areas where you have many acres of
property, that would be kept green at that time, because you have all your houses
in one particular part of that property. Maybe, you ought to open up the
possibility that some of that other property might be incentive to people, who
bought the entire property to Start with, to be used by the town for certain things
like baseball field for Little League, and that, where you then would not have
to go out and purchase a piece of property for $150,000.00. I'm just asking you
to consider that. It's a way to go, even maybe on some of these farms where
you buy the development rights, maybe a small portion of that,by agreement with
the owner, could be used as putting in ballfields, that you wouldn't have to pay
$150,000.00 out of the taxpayers' money to purchase a piece of land.
SUPERVISOR HARRIS: Let me just make a comment on that. Taxpayers didn't
pay for this property. This comes out of a dedicated fund, which is paid for
by developers in subdivisions, and this money is earmarked for this purpose,
so it didn't come from taxpayers' funds. It came from developers in this town,
so the town, if you think of it that way, is getting something back from all the
development that you see happening. There is some type of return coming back
into the town, that's a positive one in reference to the purchase of open space,
like this recreation for the youth of this community, so it didn't impact on you
and I at all. This was .strictly paid for by the people, that have come into to
the town.
JANUARY 19, 1993
337
ED SIEGMANN: I'm glad to know that, except any cost that you pass on to a
developer eventually gets passed 'on to somebody. The developer doesn't take
it out of his own pocket. It's probably passed on to the person, who buys the
house or whatever he builds on there.' But, I would think that it would be a
good thing to look at, to use some of this property in that fashion, where you
could put some of these things into for the youth. Thank you.
SUPERVISOR HARRIS: It certainly coUld be looked into. Is there anybody else,
who would like to speak to the Board?
JOHN GADA: John Gada from Fishers Island; Judge Edwards asked me to read'
this letter from the Civic Association.. The Civic Association has been asked to
support a petition being signed on Fishers Island to ask the State of New York
to exempt Fishers Island from its newly established driver's license renewal
procedure and allow us to continue with the previous system or a modification
of the present one. We realize that the system involves an on line camera and
computer, but to renew a Fishers Island this way would be an extreme hardship
both financially, and in travel time duel to our location. Any help or advise you
could render on this problem would be greatly appreciated. The Board of the
Civic Association would, also, like to take this opportunity to wish the Town Board
members a Happy New Year. We look forward to a year of continued good communi-
cation and cooperation between the two Boards. · Sincerely, Carol O. Ridgeway.
I have two other problems.
SUPERVISOR HARRIS: We've'already addressed the first one. The Judge has
brought this to my attention in reference to the changing of how pictures now
are developed, because now, as you mentioned in your letter, it's computerized
image. It's no longer a camera, that r_an physically be brought over to the Island,
and then taken off the island with the images already logged in, and then taken
off. This is something, that we're trying to work on. I will follow through though
on behalf of the Civic Association, and if you would remember, Judy, just to make
a note of this. I will send a letter back to the Civic Association on a C.C. to
the Department of Motor Vehicles Commissioner requesting it. There is a way
that possi.ble the residents on Fishers Island could be taken care of in reference
to renewals of licenses, because in the past it's been an easy procedure for them
to come over on a day, or whatever, and have it done. Now, that procedure
doesn't look like it's .possible, but there many be some technical advances, that
are available to us that I don't know about, and that the Judge has not known
about, but the Commissioner may be able to give us, so that we could preclude
this from happening in the future with residents not having the opportunity to
get over to Motor Vehicles in Riverhead, so I will pursue that.
JOHN GADA: I know we're exempt from emmission control on Fishers Island.
have two other problems you probably don't want to hear about. One, I want
to know what the status is on the tennis courts.
TOWN--CLERK TERRY: We've executed the contract.
COUNCILMAN LIZEWSKI: I believe the-contract was awarded. They're just waiting
for weather.
SUPERVISOR HARRIS: It's been bid out. The contract has been awarded, and
it's just a matter now of weather for them to go over, and physically do the work.
TOWN CLERK TERRY: Mr. Corazzini told me, he thought they would be going
over in late March.
COUNCILMAN LIZEWSKI: It's asphalt, and it needs heat, and all that stuff.
JOHN GADA: The other one is the status of the metal dump.
SUPERVISOR HARRIS: In respect to that, we're still working with the DEC in
reference. In what direction they want us to take with that, we are researching
with our epgineering firm what is the environmentally,-and economically prudent
way to develop a plan for that one facility, and as soon as we get that in our
hands to 'discuss it we can take a direction. You'll be notified of that. That's
where we are with that. There are many options, that have been explored so
far. Some of them have not paned, for instance reclaimation was one that didn't
seem to pan out at this time, because of the expense involved at this time, and
so on, but there are other measures, that are being taken into accord, because
as you know it is,.a bunker, and it is concrete, that I think, eight or ten feet
thick, or somthing like that. Right, John? Those bunkers, on the floor especially.
So it's not like there's any impact, or anything underneath it. It's just contained
in a vault. What is the quickest way to get it out of there is something we are
still working on, so I will certainly give you all the information I have, as soon
as this Board makes a direct move in reference to that facility. Is there anyone
else that would like to speak to the Board? (No response.) I'll entertain-g
motion to adjourn.
Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby adjourned at 5:00 P,M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski;
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
~/'~- Judith T. Terry
Southold Town Clerk