HomeMy WebLinkAboutTB-03/23/1993400
SOUTHOLD TOWN BOARD
MARCH 23, 1993
WORK SESSION
Present: Supervisor Scott I. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J.
I_izewski, Councilwoman Alice J. Hussie, Town Attor'ney Harvey A. Arnoff, Assistant
Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:30 A.M. - Richard Hilar¥, .Chairman of the Stewardship Task Force, along with
the following individuals from the Task Force and North Fork Planning Conference,
met with the Town Board to make a presentation on Enhanced Public Transportation
Network for Southold Town: Michael Zweig, Chairman, North Fork Planning
Conference, made introductory remarks; Margaret Brown, NFPC, presented an
overview of the proposal; Robert Bayley, NFPC & STF, reviewed the proposed scenic
· road designation and trail travel for bicycle and warking; Victor Brown, STF, stated
the immediately attainable goals; and Neboysha Brashich, NFPC, spoke about funding
and made closing remarks. A recapitulation of the NFPC/STF program proposal,
it states this is an opportunity for the Town Board to strengthen and enhance
existing transportation networks while reducing negative traffic increases; increase
safety and provide alternative modes of travel; opportunity for. tourism which is not
disruptive and which residents support and like; improved amenities for residents
of the town; demonstrate civic and town support for enlightened growth; open new
funding opportunities'which do not restrict Southold Town; gives the Town Board
more control over future development and adds to the Town's inventory of
possessions; take a~dvantage of opportunities funded through existing taxes,
increases 'real estate' values and encourages historic preservation; provides an
opportunity to collaborate with the South Fork, which is already working under a
Federal grant to create a hiking trail, and responds to NYS Dept. of Transportation
to submit program proposals for funding.
10:15 A.M. - Joan Robbins, President of the New Suffoik Civic Association, met with
the Town Board to request their assistance by suspending Town regulations to
permit the establishment of an interim post office and reconstruction of the post
office .building which was destroyed by fire on March 18, 1993. Valerie Scopaz, Sr.
Planner, joined the discussion to advise that on March 22nd she met with post office
officials who are investigating new sites in New Suffolk and identified a possible site
on the corner of Jackson and First, a Hamlet Business zone, and the Planning Board
and Building Department do not see a problem with this site. Supervisor Harris
will write to the Postal Service on behalf of the Town Board urging that a new
location be found in New Suffolk so the residents will maintain their own postal
~district and their identity as an independent village.
10:30 A.M. - For Discussion Items: (1) Appointment of a part-time Data EntryOper-
tor - discussed in ExecutiveSession-(see resolution no. 17). (2) Appointment of a
member to the Conservation Advisory Council - discussed in Executive Session -
(see resolution no. '16). (3) Letter from the Board of Fire Wardens of the'Greenport
Fire Department asking the Town Board's permission to explore the feasibility and
cost effectiveness 0f forming a fire district which would encompass the area now
known as the "East-West Fire Protection District". The Board doe's not object to
the proposal, but would like to be kept informed of their findings. (4) Proposed
reaffirmation of the Board's policy with respect to the Suffolk County Water Authority
to be held for a meeting to discuss same with the Board of Town Trustees.
MARCH 23, 1993
401
10:45 A.M. - The Town Board met with Joe Morano, New York State Division for
Youth, to discuss the creation of a Southold Town Youth Bureau, and to request
Senate and Assembly legislation to exempt the Town from the required 20,000
population, as the town is only 180 people short according to the 1990 census. Mr.
Morano explained the difference between a Youth Board and Youth Bureau, stating
that a Youth Bureau wou~d be a full-time, paid administrative arm of the Town which
Would create programs and seek out side grants. (See resolutions 20 & 21 creating
the Youth Bureau and requesting special legislation).
11:40 A.M. Tom Maher, Dvirka & Bartilucci, made a presentation to the Town
Board to bring them up to date on the Hydrogeological Study at the Landfill.
12:05 P.M. - William Peters, Cutchoque-New Suffolk Historical Society, met briefly
with the Town Board and presented each of them with a video which he said will
explain why Fort Corchaug must be preserved.
12:10 P.M. - For Discussion Items (continued): (5) Proposed resolutions to confirm
the Board's policies with respect to meeting with petitioners and for the Southold
Town Recreation Department were placed on hold for an indefinite period. (6)
Delegate authority to Town Cle,rk to issue trailer permit renewals (see resolution no.
15). (7) Decision on George Conway Unsafe Building hearing. Mr. Conway called
the Town Clerk on March 22nd and advised he had obtain a Demolition Permit and
put up snow fence as requested by the Building Inspector in his initial notice.
Board determined no further action is required.
12:35 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened.
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny, Councilman Thomas H. Wickham (2:20 P.M.), Councilman Joseph
J. Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff,
Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
The Town Board met with Special Counsel Frank Yakaboski who explained the Zahra
lawsuit decision. The Town Board then went into Executive Session.
EXECUTIVE SESSION
2:25 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Wickham,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman
Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney
Arnoff, Assistant Tow_n Attorney Kiernan, Town Clerk Terry.---The Board met with
Special Counsel Yakaboski to discuss possible future litigation in the Zahra
matter.---Following this meeting with Mr. Yakaboski, the Board discussed For
Discussion Items which pertained to personnel: (1) Appointment of a part-time
Data Entry Operator (see resolution no. 17). (2) Appointment to the Conservation
Advisory Council to fill a vacancy (see resolution no. 16).---Town Attorney Arnoff
discussed personnel and litigation with the Board.
~.. ~ ~
3:05 P.M. - The Town Board continued For Discussion Items as follows: (8)
Proposed Covenants and Restrictions by Emanuel Kontokosta for his Southold
Commons proposed change of zone. Board will take this up at the April 6th Work
Session. (9) Proposed Covenants and Restrictions by Emanuel K°ntokosta for his
Jem Commons proposed change of zone. Board will take this up at the April 6th
Work Session. (10) Set new date of Tuesday, March 30th at 1:30 P.M. for the
grievance hearings of Vincent Wieczorek, Kenneth Reeves, and James McMahon. (11)
Letter from the CSEA advising the membership has been polled and 75 individuals
are interested in a Deferred Compensation Plan. Town Board placed resolution no.
i8 on the agenda to advertise for bids for a plan. (12) Discussed whether the
Town Board wishes to reappoint Bennett Orlowsk!, Jr. to a new five year term on
the Planning Board or call for resumes for the position which expires on April 30th.
Majority of the Board wished to call for resumes (see resolution no. 19). (13)
Discussed the requests for proposals received for planning services to the
Stewardship Task.Force. Councilman Wickham asked the, Town Board to hold this
until the Task Force has an opportunity to make a recommendation. Although there
was considerable discussion in opposition to his request, it was finally agreed to
put this matter back on the April 6th agenda. (14) Proposed "Local Law in
Relation to Shellfish", pertaining to the taking of clams, was referred to the Board
of Town Trustees for their recommendation before setting a public hearing on same.
(15) Proposed "Local Law in Relation to Boats, Docks and Wharves". Board set
public hearing for April 6th (see resolution no. 22). (16) Report from Councilman
Penny on Commerce & Industry Committee program - "Proud of Our Town". He said
the Chambers of Commerce agree that the education process is the best way to move
forward in the correcting sign problems in the Town, and wi~ continue the dialogue
at another meeting to be held on April 7th. (17) Authorized Town Clerk to
adverise for resumes for a temporary secretary for the Town Attorney's office to
fill in during the maternity leave-of-absence of their secretary Mary Santacroce
(see resolution no. 23). (18) Letter from the county Executive, Albany County,
New' York, bringing to the Board's attention the disparities in funding for State vs.
other municipal airports as included in the Governor's proposed 1993/94 Budget for
the NYS Department of Transportation, a action that could impact fundtng for
Elizabeth Field, Fishers Island. This correspondence was received on this date and
the Board did not have sufficient time to study the letter and packet included with
it, and will discuss it thoroughly on April 6th. i
3:45 P.M. - Town Board reviewed proposed resolutions to be voted on at tt~e 4:00
P.M. Regular Meeting. Particular emphasis was placed on proposed resolution no.
7, the award of a bid, for a Ford Bronco Wagon for the Bay Constable, to Sayville
Ford, the lowest bidder. After receiving correspondence from Lucas Ford, the
second lowest bidder, questioning $ayville's ability to meet the specifications ~ as per
their bid, Sayville Ford was contact, and submitted an amended bid at an additional
cost of $929.00, stating that a 351 V-8 engine is not available on a custom Bronco
Wagonr as specified, but for the additional cost can provide it. The Board analyzed
the bid prices and determined that Sayville Ford was still $1,556.00 lower than
Lucas, and agreed they should stay with their proposal to award the bid to Sayville
at thee amended bid price.
3:55 P.M. - Work Session adjourned.
REGULAR MEETING
A Rec~ualr Meetinq of the Southold Town Board was held on Tuesday, March
23, 1993, at the Southold Town Hall, Main Road., $outhold, New York. Supervisor
Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
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
SUPERVISOR HARRIS: I need a motion to approve the bills of March 23, 1993.
Moved by Councilman Pe~ny, seconded by Justice Edwards, it was
RESOLVEO that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $215,415.70; General Fund Part Town
bills in the amount of $58,109.56; Nutrition Fund bills in the amount of $5,562.15;
Adult Day. Care bills in the amount of $100.00; Community Development Fund bills
in the amount of $41,010.76; Highway Fund Whole Town bills in the amount
$13,789.78; Highway Fund Part Town bills in the amount of $25,683.72; Ag Land
Development Rights bills in the amount of $3,158.20; Waterfront Revitalization bills
in the amount of $1,007.78; Scavenger Waste Facility bills in the amount of i$1,444.50;
Generator Capital bills in the amount of $305.00; Employee Health Benefit Plian
bills in the amount of $9,246.93; Fishers Island Ferry District bills in the almount
of $60,587.11; Southold Wastewater District bills in the amount of $18,225.00;
Fishers Island Sewer District bills in the amount of $418.55; Southold Agency &
Trust bills in the amount of $5,086.18; Fishers Island Ferry District Agency &
Trust-bills in the amount of $227.19.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,~
Councilman Wickh,~m, Councilman Penny, Justice Edwards, Supervisor Harris.
This resoiutJon was deciared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes from March 9,
1993, Town Board meeting.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the minutes of the March 9, '1993, regular Town Board meeting
be and hereby granted.
Vote of the Town Board: Ayes: Counc'ilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman. Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve April '6, 1993, 7:30 P.M. next
regularly scheduled Southold Town Board meeting.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the next rec, lular meeting of the Southold Town Board will be at
7:30 P.M., Tuesday, April 6, 1993, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I REPORTS,
2.
3.
4.
for March,
5.
6.
1993.
7.
8.
Supervisor's Budget Report for December, 1992.
Supervisor's Budget Report for January, 1993.
Supervisor's Budget Report f6r February, 1993.
Southold Town's Developmentally Disabled Recreation Program Report
1993.
Southold Town Board of Trustees Report for February, 1993.
Southold Town Community Development Monthly Report for February,
Councilmen's Report.
Supervisor's Report.
Il. PUBLIC NOTICES.
1. State of New York, Public Service Commission public statement hearing
on LILCO's reconciliation submission to receive comments on the data submitted
by Long Island Lighting Company, and the rate increase of about 4.1% that took
effect in December, 1992.
2. New York State Department of Environmental Conservation, Notice of
Complete Application, of the Suffolk County Water Authority proposal to install
new water mains in the Laurel area.
3. U.S. Army Corp of Engineers, New York District , an application by
Alice E. Quinn to construct a timber groin in Wunneweta Pond, Little Peconic Bay,
Town of Southold, Suffolk County, New York.
III. COMMUNClATfONS.
1. John A. Stack commending the Southold Highway Department for their
efficiency during the recent storm.
2. Fred Kettenbeil, Sr. praising the S0uthold Highway Department for their
efficiency during the recent storm.
IV. PUBLIC HEARING.
1. 4:30 P.M., on a proposed "Local Law in Relation to Affordable Housing".
V. RESOLUTIONS.
SUPERVISOR HARRIS: We have one public hearing, that's scheduled today for
4:30 P.M. At this time, are there any members of the audience, that would like
to address this Board on any resolutions, that we'll be acting upon in the next
few minutes?
FRANK CARLIN: You know getting this thing at five minutes to four, you don't
even have a chance to figure out whatfs on here, you know. , Maybe you should have
the clerk get this here two days, then you have enough time to finish it. Seems
like there's something wrong, between 9:30 to five minutes to four to have your
meetings here.
SUPERVISOR HARRIS: A lot of Town business, Frank.
JUSTICE EDWARDS: I've got to agree with you. We could have used two ,days
in a Work Session.
FRANK CARLIN: 'Do it in two days. With all this business you have in town,
you only have one day to discuss it, after two weeks? Anyway, I'm going to
questions item 7 and 11. Again, we're purchasing equipment, why Sayville again?
Why do we go out of town?
SUPERVISOR HARRIS: State law, we've got to accept the Iow bid, Frank.
FRANK CARLIN: This was the low bid?
SUPERVISOR HARRIS: Yes, it was.
FRANK CARLIN: Okay,. good enough.
SUPERVISOR HARRIS: Both bids.
TOWN CLERK TERRY: Considerable.
SUPERVISOR HARRIS: Okay. Another member of the audience like to address
this Board on any resolutions? (No response.) Councilwoman Hussie could you
start the first resolution of the afternoon?
1.-Moved by Councilman Lizewski, seconded- by Justice Edwards, it was
RESOLVED that. the Town Board of the Town of Southold hereby authorizes the
followinc] budcjet modification to the General Fund - Whole Town 1993 Budget to
allocate funds to provide for the Town Trustees to contract for an initial review
of groundwater matters pursuant to the Town Board resolution of March 9, 1993:
To:
A8090.4 Environmental Control, Contractual Expenses $ 5,000.00
From:
A1010.4 Town Board, Contractual Expenses $ 5,000.00
1.-Vote of the Town Board: Ayes: Councilman Lizeski, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Hussie.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that th~ Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Frederick A. Ross, Chairman and member of the
Southold Town Land Preservation Committee, effective immediately, and extends
to Mr. Ross their sincere thanks and appreciation for his dedication to the Open
Space Committee, Farmland Preservation Committee and Land Preservation Committee
since May 24, 1988.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared .duly ADOPTED.
3.-Moved by Councilman Wickham, ~econded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for' resumes for one (1) member of the
Southold Town Land Preservation Cor~mittee, to fill the unexpired term of
Frederick A. Ross to July 3, 1993.
Vote of the Town Board: Ayes: Councilwoman'Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice 'Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Justice Edwards, 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 Contract Budget Modification
between the County of Suffolk and the Town of Southold for the Nutrition Program
for the agreement period of 1-1-92 to 12-31-92, which modification results in a
zero net change.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
MARCH 23, 1993
405
5.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jesse
I. Wilson as a part-time Gate Guard at the Southold Town Landfill, effective
immediately, at a salary of $6.25 per hour.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Coastal Erosion Management Permit
Application and Wetlands Permit Application, along with the required Full Environ-
mental Assessment Form, to the Board of Southold Town Trustees with regard
to the Elizabeth Field Airport Runway Overlay and Riprap Berm Project, all in
accordance with the recommendation of C&S Engineers, Inc., the Town's consultants
for the project.
6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Rescinded 4/20/93 by Resol. #31
7.-~/Ioved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
amended bid of Sayville Ford, Sayville, New York, in the amount of $16,402.00,
for supplying the town with one (1) 1993 Ford Bronco for the Bay Constable,
all in accordance with the bid specifications.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared du y ADOPTED.
8.-Moved by Councilman Penny, seconded by Supervisor Harris,
FINAL ORDER IN THE MATTER OF
THE ESTABLISHMENT OF THE
SOUTHOLD TOWN SOLID WASTE MANAGEMENT DISTRICT
IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, NEW YORK
WHEREAS, the Town Board of the Town of Southold desires to establish
the Southold Solid Waste Managemnt District in the Town of Southold, Suffolk
County, New York; and
WHEREAS, on January 5, 1993, a resolution was adopted by the Southold
Town Board to appropriate funds to pay the cost of the preparation of a map,
plan and report for a proposed refuse and garbage distric~'~ and
WHEREAS, said map, plan and report were duly filed in the Office of the
Town Clerk on February 2, 1993: and,
WHEREAS, the Village of Greenport adopted a resolution, subject to
permissive referendum under Article 5-a of the Village Law, pursuant to which
the Village of Greenport consented to the establishment of the Southold Solid
Waste Management District within all of Greenport Village; and,
WHEREAS, an Order was duly adopted by the Town Board on February
2, 1993, reciting the description of the boundaries of the proposed district,
the fact that a map, plan and report describing the same were on file in the
Office of the Town Clerk for public inspection, and specifying that the Town
Board would meet at Town Hall, 53095 Main Road, Southold, New York on
February 23, 1993 for the purpose of conducting a public hearing on the
proposal to establish the Southold Solid Waste Management District and to hear
the comments of all persons interested in the same; and,
WHEREAS, a hearing was duly held by the Town Board at such time and
place; and,
WHEREAS, on February 23, 1993, follow'ng the hearing, the Town Board
passed a resolution, subject to permissive referendum, approving the
establishment of the Southold Solid Waste Management District after making a
determination that the notice of hearing was published and posted as required
by law and was otherwise sufficient; that all the property and property
owners within the proposed district' were benefitted thereby; that all the
property and property owners benefitted were included within the limits of the
proposed district; and that the establishment of the district was in the
public interest; and,
406
MARCH 23, 1993
WHEREAS, in compliance with Section 209-e[~t)(a) of the New York State
Town Law, Judith T. Terry, the duly elected Clerk of the Town of Southold,
has by letter dated March 23, 1993, certified to the Honorable Edward
Romaine, Clerk of Suffolk County, that no petition requesting a referendum on
the proposed establishment of the Southold Solid Waste Management District has
been submitted by the property owners of the proposed district; and,
WHEREAS, the Town Clerk having duly presented such certification to
the Town Board at this meeting; now, therefore, be it
ORDERED, that the Southold Solid Waste Management District be
established in the Town of Southold, Suffolk County, New York, as described
below .'
ALL that land lying easterly of the division line between
Town of Riverhead and Town of Southold, said line being
more particularly described as follows:
BEGINNING at a point on the northerly shore line of Great
Peconic Bay at the Southerly terminus of the center-line of
Laurel . Lane, and running thence northerly along said
center-line-of Laurel Lane about 5700 feet to Main Road;
thence, northerly across Main Road and along the westerly
line of lands of DeSalle, Harves and Kujawski about 8500
feet to Sound Avenue; thence northerly across Sound
Avenue and .along the westerly line of land of Long Island
Light'ing Company about 4500 feet to Long Island Sound
except all the land of Fishers Island, said land bearing
Suffolk County Tax Map numbers: District 1000, all of
Section 1-12 inclusive, all of Section 130, Section
555-4-1, 555-4-2, 555-4-3, 666-4-1 and 666-4-2.; and, be it
FURTHER ORDERED, that the Town Clerk of the Town of Southold is
hereby authorized and directed to cause a certified copy of this Order to be duly
recorded in the Office of the Clerk of Suffolk County in which the Town of
Southold is located within ten (10) days after the adoption of this Order; and,
be it
FURTHER ORDERED, that the Town Clerk is hereby authorized and directed
to file a certified ~opy of this Order in the Office of the New York Department
of Audit and Control, Alfred E. Smith Office Building, Albany, New York 12236,
within ten (10) days after the adoption of this Order; and be it
FURTHER ORDERED, that the Town Clerk is hereby directed to forward a
copy of this Order to the Town Bookkeeper, the Town Attorney and the Town
Supervisor.
8.Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby ~rants permission
to the Board of Commissioners of the Fishers Island Ferry District to advertise
· for bids for ferry slip repairs at the New London, Connecticut terminal, consisting
of the removal of four dolphins '(installed circa 1967), two consisting of three
piles, and two consisting of seven piles, and the installation of two new seven pile
dophins.
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wjckham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Lawrence Healthcare Administrative Services to pay the $440.00 medical
bill of Central Suffolk Hospital Department of Anesthesiology for services rendered
to the son of employee Denise Ross, which bill was not submitted to Mrs. Ross
until February, 1993, and was denied by Lawrence Healthcare because it was more
than 90 days after the date of service.
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
MARCH 23, 1993
4O7
11 .-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Sayville Ford, Sayville, New York, in the amount of $20,587.00 each (total
$41,174.00), for supplying the Town with two.(2) 1993 Ford F-350 Dump Trucks
for the Highway Department, all in accordance with the bid specifications.
11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Senior Bay Constable Donald Dzenkowski to attend the New York Harbormaster
& Bay Constable Association seminar entitled, "Marine La'w Enforcement", on May
15, 16 & 22, 1993, at Point Lookout, New York, and the $25.00 registration fee
and meals an'd transportation, using a Town vehicle, shall be a legal charge to
the Bay Constable's 1993 Budget.
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilman [_izewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
amount of $40,000.00 as a revised bond amount for the roads and improvements
in the major subdivision of Francis Greenberger, Eugene's Roac], Cutchogue, all
in accordance with the recommendation of the Southold Town Planning Board and
Engineering Inspector Richter; said revised amount amends the Town Board's
resolution of January 7, 1992 approving the amount of $70,125.00, whereas the
developer chose to proceed with the improvements before posting a performance
guarantee, and Engineering Inspector Richter reports that the $40,000.00 reflects
the improvements that have not been completed as of this date; inspection fee
based upon the original estimate has been received by the Town.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of $outhold hereby approves the
amount of $20,000.00 for a reduced Letter of Credit for the major subdivision of
Chardonnay Woods at Southold, all in accordance with the recommendation of the
Southold Town Planning Board; and be it
FURTHER RESOLVED that the Town Board hereby .authorizes the Town Attorney
to take the necessary legal action to draw upon the current $42,000.00 Letter
of Credit for Chardonnay Woods (Letter of Credit No. M-92264, North Fork Bank),
whereas the necessary improvements have not been completely installed, and the
Planning Board has not received the required extension of +'.le Letter of Credit
which expires on April 2, 1993.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of $outhold hereby del'ec~ates to the
Town Clerk the authority to'issue trailer permit renewals on a biannual basis,
at a fee of $100.00 per renewal; and be it
FURTHER RESOLVED that all new applications for trailer permits must be submitted
to the Town Board for their approval; and be it
FURTHER RESOLVED the Town Board will review all trailer .permits at the beginning
of each year to determine their suitability for renewal.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, 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 appoints Patricia
Ann Isaksen a member of the Southold Town Conservation Advisory Council, to
16.
fill the unexpired term of Cynthia C. Sturner, effective/ March 23, 1993 through
June 18, 1994, at a compensation of $44.00 per meeting, which includes field
inspections.
-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori
C. Pulaski as a part-time Data Entry Operator, effective April 12, 1993, 17-1/2
hours per week, at a salary of $7.50 per hour.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Superisor Harris. No: Councilman Lizewski.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Wickham, seconded by Supervisor Harris,
WHEREAS, the Town Board of the Town of Southold has considered the establishment
of a 457 Deferred Compensation Plan to be made available to all eligible employees
and elected officials pursuant to Section 457 of the Internal Revenue Code; and
WHEREAS, it is understood by the Town Board that such a plan can be provided
at no cost to the taxpayers of the Town of Southold; now, therefore, be it
RESOLVED that the Town Board hereby authorizes and directs the Town Clerk
to c. to to bid in the New York State Register and The Long Island Traveler-
Watchman, the official newspaper of the Town of Southold, for a 457 Deferred
Compensation Plan.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Supervisor Harris, seconded by Councilman Lizewski, it wa~
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for one (1) member of the
Southold Town Pla.nning Board, for a five (5) year term, effective April 30, 1993
through April 30, 1998.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Supervisor Harris. No: Councilman Wickham. Abstain:
Justice Edwards.
This resolution was declared duly ADOPTED.
COUNCILMAN WICKHAM: I'd like to say that this is the position of Ben Orlowski,
the former Chairman of the Planning Board, and basically the Town Board had
a choice today about either re-appointing him, or going out for resumes for
reviewing him, and other people for the choice. We have before us a memorandum
from the Planning Board, unanimously of that Board recommending his re-appoint-
ment, and also, what concerns me is the likelihood, that in doing these resumes,
and doing the interviews, this may be the last open meeting that the public will
have a chance to really have a view, and to express a view on the next appoint-
ment made to the Planning Board.
SUPERVISOR HARRIS: It's not true.
COUNCILMAN WICKHAM: It may not be. I'm glad to hear that, but I vote, no,
to this resolution.
SUPERVISOR HARRIS: l'd just like to add that Tom, once again, has decided
to be hypercritical in statements now, rather than when he was in the past. In
1990, there was a ten year member, who was up for re-appointment, Joe Sawicki,
Sr., Councilman Wickham at tha:t time objected to his re-appointment, and asked
the Town Board to go out to full resume, stating that there may be better qualified
individuals in the Town, that would serve the people of this Town in a possible
better position. The Town Board didn't argue the case. The Town Board said
said, if that's what you want do. We went out. We advertised for resumes.
Nobody was found, that had better qualifications at the time. It came before the
Board for interviews, and Joe Sawacki, Sr. was ultimately re-appointed. I'm sorry
Tom, that you decided now to change the scenario, because of your political
purposes, but you certainly are not consistent. You started this in 1990. The Board
is just f-~;ie~..'in~ *.h_,.4e~e.h ,,~',t~ ~he same scenario. Thank you.
COUNCILMAN WICKHAM: [ just want to see this done in an open session, when
the time comes.
4O9
i%~ARCR 23, 1993
20.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, the Town Board of the Town of Southoid, after due deliberation and
thought, has determined that there is a need for a Youth Bureau; and
WHEREAS, the Town Board feels that it is in the best interests of the Town to
create a Youth Bureau in accordance with Section 422 of the New York State
Executive Law,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Southold hereby creates the Southold Youth Bureau.
20.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Penny, Justice
Edwards, Supervisor Harris. No: Councilwoman Hussie, Councilman Wickham.
This resolution was declared duly ADOPTED.
COUNCILMAN WICKHAM: I'd like to say, the reason I'm voting on this is because
I'm afraid that this Bureau instead of winding up supporting the needs of the
youth from the Town, it will actually absorb these sources into the bureaucracy
of Town Hall, and will not put resources out there, where they're vitally needed,
and where students, and youth, can excess them more directly. So, for those
reasons I'm against it.
SUPERVISOR HARRIS: I have been one, who has been pushing for the creation
of this Youth Bureau after the Youth Conference, that was held. I don't think
that there's any price that you can put on the future of Southold Town, being
not of it's youth. Those who summize, and come up with scenarios, that it's going
to be bureaucratically heavy, is a ridiculous concept. Vi McKieghan is the Director
of Human Resources. Anyone knows that the Director of a Youth Bureau would
be under a Human Resource Director such as Vi, and that one individual, if and
when we get to that point, will have the direction, not only by Vi, but certainly
by this Town Board for many programs, that the needs of this youth have been
established, and have been seen over two years with Mary Ann Fleischman, and
the Youth Board, who did a diligent job in reference to the needs of our young
people, and this is certainly a great direction for this town to take at this time.
I'm proud of the Board for taking this step, and there are many more steps that
we'll take for the young people of our town as time goes on, so thank you for
that.
21 .-Moved by Councilman Lizewski, seconded by Justice Edwards,
WHEREAS, by resolution dated March 23, 1993 the Town Board of the Town of
Southold established a Youth Bureau in accordance with the provisions of Section
422 of the New York State Education Law; and
WHEREAS, pursuant to that law, upon approval by the Youth Commission of an
application to establish a Youth Bureau, a Town with a total population of twenty
thousand (20,000) or more is entiled to state aid; and
WHEREAS, according to the population figures from the U.S. Census Bureau,
the population of the Town of Southold is 19,836; and
WHEREAS, the Town Board believes that the difference between the Town's
population and the 20,000 figure necessary to trigger entitlement to state aid is
de minimus; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby requests New
York State Senator Kenneth P. LaValle and New York State Assemblyman Joseph
Sawicki, Jr. to enact special legislation to permit the Town of Southold to be
exempted from the population requirements of Section 422 and, thereby, upon
approval of its Youth Bureau, entitle the Town to be eligible for state aid.
21.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Penny, Justice
Edwards, Supervisor Harris.. No: Councilwoman Hussie, Councilman Wickham.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Once again, I'd like to thank the Board for asking 'the
State Legislator to enact an amendment to the Legislature, because of the 20,000
population scenerio, that is set up by the Division of Youth. This Town at this
time is not entitled to get matching funds of monies, that are available to offset
the cost for a Youth Bureau, when, and,if, we put a Director in sometime in the
future. This is a. badly needed Piece of legislation for this township. There ·
are many other resolutions, that are pressing upon populations, which we can
not get involved with unfortunately, because the U.S. Census count for 1990,
as everyone knows, was 'faulty, and that locks us in for a ten year period. That
means ten years, that we would be ineligible for funding from the State of New
York for a matching grant, as well as probably many other funding sources. So,
4 1 0 M^RCH 23, 1933
this certainly will help us 'n the direction for the people of the Southold Town,
certainly when it comes to our economic situation, that we happen to be in on
a day to day basis, when it comes to prudently watching how government spends
it's money. But, we certainly can't see that other municipalities can open themseives
up for funding for being about 180 people short of the needed 20,000, that would
give us a matching grant, and [ hope that Assemblyman Sawicki, and State Senator
LaValle,along with all their colleagues, will enact this legislation, and pass it,
and we can then apply for this funding forthwith
22.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, the Town Board of the Town of Southold has been presented with a
proposed Local Law entitled, "A Local Law in Relation to Boats, Docks and Wharves";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, April 6, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearinq on the aforesaid proposed Local Law, which reads as follows:
A Local Law in Relation to Boats, Docks and Wharves
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section
hereby
32-31 (Definitions) of the Code of the Town of Southold is
amended by ,adding thereto the following:
PERSONAL WATERCRAFT - Shall mean a vessel which uses an
inboard motor powering a water jet pump as its primary source of
motive power and which is designed to be operated by a person
sitting, standing, or kneelin9 on, or being towed behind the vessel
rather than in the conventional manner of sitting or standing insid,~
the vessel.
SPECIALTY PROP-CRAFT - Shall mean a vessel which is powered
by an outboard motor or a propeller driven motor and which i~,
designed to be operated by a person sitting, standing or kneelin,l
on or being towed behind the vessel rather than in the conventional
manner of sitting or standin9 inside the vessel.
2. Section 32-36.2 (Operators) is hereby amended to read as follows:
Bo
No person under the age of sF;ct~e~ (~6) eighteen (18)
years shall operate a mechanically propelled vessel unless
(1)
(2)
The operator, who is under the age of ~P~tee~ {~6)
eighteen (18) years is accompanied therein by a person
who is sP~ct~e~ (~6) eighteen (18) years of age or
older; or
The operator is ten (10) years of age or older and is the
holder of a boating safety certificate issued to him by
the Commissioner of the Office of Parks and Recreation of
the State of New York, pursuant to Section 78 of the New
York State Navigation Law.
The failure of a person specified in Section 32-36.2A(2) hereof
to exhibit a boating safety certificate upon demand to any
peace officer or other officer having authority to enforce the
provisions of this chapter shall be presumptive evidence that
such person is not the holder of such certificate.
No person who i~ the owner of a motorboat shall knowingly
authorize or permit the operation thereof unless:
(1) The operator is sF~tee~ (~6) eighteen (18) years of
age or older;
(2)
(3)
The operator, .who is under the age of ~i~Pe~rt (~6)
eighteen (18) is accompanied therein by a person
· F~teert (*r6) eighteen (18) years or older; or
The operator is ten (10) years of age or older and is
the holder of a boating safety certificate issued to him
~_u.~m~s_:oner of the u~zice of Parks an~ Recreadon
of the State of New York.
...... MARC. 23, 4 i I
Do
No person shall operate a vessel while in an intoxicated
condition or while his ability to operate such a vessel is
impaired by the consumption of alcohol or by the use of a drug.
Eo
All commercial jetski or commercial windsurfin9 operators shall
provide a patrol 'boat (other than a jetski or windsurfer) which
must be operational and manned at all times for the purpose of
controlling their clientele.
All commercial jetski and windsurfer operators shall require
their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, II or III.
G. Small sailboats, commonly known as "windsurfers", are
prohibited in the following areas:
(1) Within five hUndred (500) feet of Mattituck Inlet.
(2) Within one hundred (100) feet of swimlines.
3, Section 32-36.3 is hereby added to read as follows:
32-36.3 - Regulations of personal watercraft and specialty prop-craft.
A. No person shall operate a personal watercraft or a
'B.
Co
Eo
Fo
D°
specialty prop-craft unless each person ridinq on or towed
behind such vessel is wearing an off-shore life iacket
(Type I, III, III or V) approved by the United States
Coast Guard.
No person shall operate a personal watercraft or a
Specialty prop-craft unless such vessel is equipped and
fitted with a United States Coast Guard approved device
for arrestincl carburetor backfire.
No person shall operate a personal watercraft or a
specialty prop-craft unless such vessel is equipped
with at least two ventilators fitted with cowls or their
equivalent for the purpose of properly and efficiently
ventilating the bilges of every engine and fuel tank
compartment in order to remove any inflammable or
explosive gases provided, however, if the vessel is so
constructed as to have a greater portion of the bilges
under the engine and fuel tanks open and exposed to the
natural atmosphere at all times such vessel need not be
required to be fitted with such ventilators.
Any person operatinq a personal watercraft or a specialty
prop-craft equipped by the manufacturer with a lanyard
type engine cut-off switch shall attach such lanyard to
his or her person, clothing, or personal flotation device
as is appropriate for the specific vessel.
No person shall operate a personal watercraft or a
specialty prop-craft at any time between the hours from
one-half hour after sunset to one-half hour before sunrise.
No person shall operate a personal watercraft or a
specialty prop-craft within five hundred (500) feet of any
designated bathing area, except in bodies of water where
the opposing shoreline is less than five hundred (500)
feet from such desiqnated area and in accordance with
speed regulations and restrictions as provided by local
law or ordinance but in no event at a speed in excess of
ten miles per hour, provided, however, that nothing
contained in this subdivision shall be construed to
prohibit the launching of such vessel from designated
launching areas or sites.
Go
Every personal watercraft and specialty prop-craft shall
at all times be operated in a reasonable and prudent
manner. Maneuvers Which unreasonable or unnecessarily
endanger life, limb, or property, including, but not
limited to, weavinq through congested v~ssel traffic,
jumping the wake of another vessel unreasonably or
unnecessarily close to such other vessel or when
visibility around such other vessel is obstructed, and
swerving at the laSt possible moment to avoid collision
shall constitute reckless operation of a vessel.
The provisions of this section shall not apply to any
performer engaged in a professional exhibition or any
person Preparing to participate or participating in a
regatta, race, marine Parade, tournament, or exhibition
authorized under section 32-28 of this chapter.
Sections 32-38.1~ 32-38.2 and 32-38.3 are hereby added to read as
follows:
32-38.1 Bathing and swimming.
No person shall swim or bathe in the mouth of Mattituck Inlet
between areas desiqnated by buoys number 1 and .~.
32-38.2 Scuba Diving (General Provisions)
Scuba diving shall include any person who surface dive,-.
to explore underwate¢, hunt, fish, or pnotograph, whil~
using any self-contained underwater breathing apparatus,
but shall not include bone-fide salvage operations
displaying proper signals.
Scuba diving is prohibited in the entire area of the
Mattituck Inlet or in any waters where the same may
interfere with the reasonable and proper operation of
boats or within one hundred fifty (150) feet of any .
public bathing or swimming area except for duly
licensed commercial shellfish harvesters who shill comoly
with the regulations of subdivision C below.
C. No person shall engage in scuba divinc~ without displaying
the international diving flag or authorized skin diving
flag of suitable size adecluatley displayed by a float,
buoy or boat at all times and without a person of suitable
acje and discretion other than the skin diver, in a
position as lookout. Such person shall not permit such
divin~ flag to remain in an~, area unless such person
is actually scuba diving in the area at the time.
32-38.3 Spearfishinq.
No person shall discharge am/ apparatus designed for use in
.spearfishin~ within two hundred' (200) feet of an~/ lifelines or
bathing floats, or if there are no lifelines or bathing floats then
within two hundred (200) feet of any public or semi-public beach
regularly used for bathing or sw mm ng or within one hundred fifty
~150) feet of any person bathing or swimming.
.This Local Law shall take effect upon its filing with the Secretary of State.
Overstrike represents deletion[s)
Underscore represents additions[s)
II.
COUNCILMAN PENNY: These regulations were brought to us out of some State
regulations, and recommended by our Ba~/ Constables.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Jt~stice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
MARCH 23, 1993
23.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for a temporary, provisional Leqal
Stenographer for the Office of the Town Attorney, at a salary of $22,134.00 oer'
annum, to fill in while the Town Attorney's Secretary, Mary Santacroce, is oR
a maternity leave-of-absence.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, I need a motion to recess.
Moved by Councilwoman Hussie, seconded by Justice Edwards, 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, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 4:30 P;M.
SUPERVISOR HARRIS:Wouldyoblik~'to act on that Local Law at this time?
a motion and a second.
I need
24.-Moved by Supervisor Harris, seconded by Councilman Lizewski,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 23rd day of February~ 1993, a proposed Local Law No. 3 - 1993 entitled, "A
Local Law in Relation to Affordable .Mousing"; and
WHEREAS, this proposed Local Law was transmitted to the Southold Town Planning
..Board and Suffolk County Department of Planning for their recommendations, all
,n accordance with the Southold Town Code and Suffolk County Charter; and
WHEREAS, a public hearing was held on this proposed Local L,~w on the 23rd clay
of .~larch, 1993, at which time all interested persons were given an opportunit)~
to be heard; now, therefore be it
RESOLVED that the Town Board hereby enacts Local Law No. 3 -1993 which reads
as follows:
LOCAL LAW NO. 3 - 1993
A Local Law in Relation to Affordable Housing
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
Section 100-51 of the Code of the Town of Southold is hereby
amended to read as follows:
MODERATE-INCOME FAMILY -'A family whose aggregate annual
income, including the total of all 'current annual income, including
the total of all current annual income of all family members
(excluding the earnings of working family members under age
twenty-one (21)) from any source whatsoever at the time of
application for the purchase or lease of an affordable housing unit
or the purchase of an unimproved affordable lot, does not exceed
~hh~'3~-~in~ ~ho~sa~(~ d~l~s- ($397eee~7 fifty~three thousand
one hundred ninety-nine dollars ($53,199.), which annual income
shall be revised each year on-Jan~ 3~ to conform to the
previous Year's change in the consumer price index.
Section 100-56(E) is hereby amended to read as follows:
E. Maximum sales price and monthly rent.
In an AHD District, the maximum initial sales price of a
dwelling unit or unimproved lot reserved for sale to
moderate-income families shall be as follows:
4].3
(2)
(a)
Unimproved lot containing an area of ten thousand
(10,000) square feet: t~m~t~:~--f~e bHo~nd-
d~rt~r's-($257e88) thirty-four thousand one
hundred and three dollars ($34,103.).
(b)
Attached dwelling unit: si~t-y' tho~a~-tc~ d~JH~r~-
($6eTeee:) eighty-one thousand eiqht hundred
and forty-four dollars ($81,844.)
(c)
Single-family detached dwelling unit:
one hundred and two thousand three hundred and
eight dollars ($102,308.)
The maximum initial monthly rent, exclusive of utilities,
for a dwelling unit reserved for moderate-income families
in the AHD District shall be as follows:
Ca)
(b)
(c)
(d)
Studio apartment: three I~trr~red d~r~hr~s~
{$3ee=) four hundred and seven dollars ($407.).
One-bedroom dwelling unit: four h~.J~rdrcd
d~fka~'s-~$~8~:~} five hundred forty-four dollars
Two-bedroom dwelling unit: Fhze- htrncfr~-~
d~h~r~-{$see.-~ six hundred eighty two ($682.).
The provisions of the Section 100-56E(2) shall remain
in effect as to each dwelling unit for a period of
fifteen (15) years from the date of the initial lease
thereof.
II. This Local Law shall, take effect upon its filing with the Secretary of State.
* Underline represents addition(s)
** Underscore represents deletion(s)
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickha~, Councilman Penny, Justice'Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: That ends the regular portion of our agenda. Are there
any members of the audience, that would like to address this Board on any issue
at this time, before we proceed to close? I'll start with Mrs. Lowry.
ANN LOWRY: I'd like to speak as a member of the Task Force. This is quite
unofficial. It's just my opinion from hearing the discussion earlier today. In the
first place I was quite surprised to hear that the RP's had been..that there had
been responses. I would like to say emphatically that there is no idea from the
Task Force, that it would be the final word, that it would have the final say on
any suggestions. However, I do think that the members of the Task Force had
hoped, and would hope, that in reading over the replies, they might something
to say. The Task Force will be the one, who will be working mostly with the
consultant, and it seems' reasonable, that they might have some things to say about
the replies from consultants. You might consider it like interviewing someone
for a job. You grant someone an interview, because you think that that person
may possibly be good for that job. You listen to what the p~rson has to say,
and on the basis of that you make a decision. I think there's similarity here with
the information that's come back from consultants. Thank you.
SUPERVISOR HARRIS: Thank you. Frank?
MARCH 23, 1993 4 1 5
FRANK CARLIN: I missed a Board meeting. I'm behind on my schedule. My
name is Frank Carlin, spelt with a C from Laurel. I regret I couldn't make it
to the last meeting. I went to Florida. I was considering flying back to make
the meeting, but then I thougt~t to myself, I really don't believe what I say the~,
listen to anyway. It cjoes in one ear, and out the other. But that's all right.
Thetruth prevails. I'd like to start off with Mr. Harvey here, the Attorn-~y.
Just for reference here. That meeting behind closed doors, you know, I don~t
know what New York calls the law, but in Florida they call it the Sunshine Law.
They're very strict in Florida. If you're caught having meetings behind closed
doors you're out. You're fired. That uphold that law pretty well in Florida.
In fact I believe there was a case, that they were caught, and a few of the politi-
cian were fined. So, that's just a reference point here. I've been away, but
my staff brought me up-to-date, at least I hope l'm correct here. I understand
you're considering a garbage bag system. You're considering it for people to
put there garbage in it, and take it to the Landfill. May I ask you a few questions
here? Is this going to be, that people will have to buy these, if you decided
on this program? Will people have to buy these bags from the Town? If you
decide on this program, ma'am?
COUNCILWOMAN HUSSIE: Yes. They will buy them from the Town, but actually
probably from grocers, who will ge~t ~these things from the Town, or various places.
FRANK CARLIN: Do you have any idea what prices? On'e bag will cost either
fifty cents, or two dollars, or a dollar?
COUNCILWOMAN HUSSIE: The price of bags will be determined by the cost that
it will cost us to get rid of the garbage, as in deed Shelter Island does. If the
cost goes up, the price of the bags will go up. If the cost for disposing the
garbage, the price of the bags goes down.
FRANK CARLIN: Okay. Let's say for arguement's sake it's fifty cents. That's
cheap, right? The way things are now, it is .cheap. Now, I don't know about
21,000 people in this town, but I'm talking for myself. No way am I going to
give you, or the town, fifty cents for one garbage bag, when I can go in the
store, the name of the manufacturer has been removed from here for technical
reasons. ! done it for technical reasons, and I can buy thirty-five of these,
thirty-three gallons, recyclable, heavy duty, and approved by environmental
people for about $4.00.
COUNCILWOMAN HUSSIE: You're not buying the bags for the actual use of the
bags. You're buying the bags as a measure of the disposal at the other end.
FRANK CARLIN: Just because it will have Southold name on it, you want me
to spend fifty cents aba9. Come on.
COUNCILWOMAN HUSSIE: No. We have to have some way to determine how we're
going to pay for the removal of garbage. If we have to truck it, or if we have
to..whatever we have to do with the garbage, if we no lonoer can put it in the
Landfill, it's going to cost us some money somehow. That has to be paid for.
FRANK CARLIN: Yeah, but don't ask the taxpayers to always pay for it. I mean
come on, let's face it, you're making the people spend fifty, say fifty, I'm using
fifty cents, making them buy the bags from you for fifty cents. My point is I
can buy thirty-five bags for $4.00. This is what I'm saying, as a savings to
me. This is my arguement. You're charging fifty cents. It's logic. You're
charging me fifty cents to buy your bags. I can buy thirty-five of them for
$4.0o.
COUNCILWOMAN HUSSIE: Mr. Carlin, how are you then going to pay for the
garbage, that you put in your thirty-five cents bag, when it goes out of town.~
FRANK CARLIN: It's your problem to figure that one out. That's not mine.
You had all kinds of plans three years a~o. You had all kinds of plans, then
all of a sudden you don't have one now.
SUPERVISOR HARRIS: We have nothing. That's the worse case scenario,that
this Board has been working on for two years.
41 6M^R ,
FRANK CARLlN: No way I'm going to give you fifty cents, when I can buy thirty-
five bags. t'll guarantee you that. No way.
SUPERVISOR HARRIS: The Town of Shelter Island, Frank, just so you know
the Task Force has been working on this for qt~ite a few years, and there was
quite a few hearings held on it, and the Town of Shelter Islan;d ~ame over many
times for .information in reference to the bag system, how it was working over
there, which is still working, and that's what the Task Force used as a refe~'ence.
There was some impurical knowledge, that had been involved, and garnished over
the last few years, so Shelter island instituted by Local Law, and that is what
the Task Force had been usingasa reference point to take it from that point, and
bring it forward.
FRANK CARLIN: I understand, Scott, but I know this garbage problem is catching
up with you. You're grasping for solutions, and I hope you make the right one,
that it doesn't cost the taxpayers a lot of monev. That's what I'm looking for.
Don't cost the taxpayers a lot of money, t~]e pay enough in this town now for
taxes. We don't need anymore. We pay enough for fees. We pay enough for
this, this, this, and this. We don't need..l'm going like Jackie Mason now.
SUPERVISOR HARRIS: You look better than Jackie .~4ason.
FRANK CA'RLIN: I just want to get to the final one here, which is a very serious
one, I think. I'm going to say something here. Maybe I shouldn't say, but 1
have to say what's on my mind. You know, I sat here before, and I Watched
you argue about this situation here with the Stewardship'Committee. You argued
about it, and who's going to make the decision, or whatever it was. That could
have been all eliminated. You know what l'm going to say. Eliminate the .~teward-
ship Committee. I told you once before. You people do your research. You
people make the decisions. Don't need a Stewardship Committee, nineteen people,
to give you information to decide on what you want to do. You people should
do your research, 'and make your own decisions. You've been elected to do that.
Here's a serious one, I think, for the Town Attorney. When I left this last Board
meeting two weeks acco, I received a phone call from somebody that didn't give
their name, complaining about something that's going on in the Highway Department, ,-~
and that is, I think this will be something for you to look into. There is twelve ~
Highway employees, that do not have a third class driver's license, or a CDL,
which is required by New York State since July of 1992. It requires an open
book test. You're~required to have this over 26,000 pounds or over, dump and
sand trucks. Twelve men do not have it on the Highway Department. Only three
men have it, and by not having this third class license, a CDL license, you're
open for liable if you have an accident. If you have an accident on the Highway
Department with a driver, and he doesn't have a third class license, or a CDL
license, the Town could be in for a big liability suit. Now, this was told to me
by three good reliable sources, but I don't even know their names. I couldn't
tell you the names. I 'believe it to be pretty reliable, and they asked me to,
~please, look into it, because they dOn't think it's right, but they can't do nothing
about it, so people come to me, when they need help, and I'm here to help them.
In fact, I think about all kinds of organization in this town, you're got all kinds,
I'm thinking about starting my own, the Carlin trouble shooting organization.
So would you look into that, and the next Board meeting, please let me know
what you find out, because I think this is serious? The Town could be held
liable. If a truck driver is on the road with a heavy duty truck, or sand
s~r~ader, or whatever, snow plow, or whatever, and he has an accident, and hits
somebody, and he kills s~mebody, the Town can be in serious, serious trouble
for a liability suit, and you know that as well as I do, if this is true. I believe
it is true, because these people that told me were sincere, and I can say this,
but pretty well from the source. I think that's a serious one, that one. I don't
think that will go in one ear, and out the other one. I want to finish. I know
everyone wants to go home for dinner. My life's ambition someday is to come ~'~'
in front of this Board, and stand here for about six hours, and talk on issues, i
because I love to talk, and I know what l'm talking about. I pretty well know ~
what I'm talking about. I do a lot of research, and I don't come up here, and ·
make myself look like a damn fool, and talk about issues on anything. I'll debate
all of you at anytime. I love that. Even on television I love it. About four,
or five hours, six hours, make it interesting. Thanks a lot. I wouldn't bring
a bottle into Town Hall. I like you all anyway. Really, I do like you all, but
once I come in that door, I'm strictly business.
MARCH 23,
1993
417
SUPERVISOR HARRIS: Frank, before you sit down, and i know everybody wants
to leave, because dinner, I'm sure, is waiting. In reference to, what you mentioned
about the men in Highway, not everybody drives a truck over there, that is in
that equipment class. First of all, there are thirty-six men in the Highway Depart-
ment. Not everybody drives a truck, and second of all, Superintendent of Highways
Ray Jacobs was aware that some people's licenses had lapsed some time ago, and
he had sent out a memo to everyone of them, that they wouldn't be driving any
equipment unless their license was brought up to snuff. That has been taken
care of. It was not a problem. It was just something some men just completely
forgot about it, didn't think about renewing their license 'n certain classes. It
was easier for them just to go back to other classes. That has all been taken
care of. It certainly was brought to Ray's attention by the insurance company,
that we have, which we use every driver, every license, to find out if they've
been suspended, if they are revoked at the present time. We have had a few
people, that we found since we put this in place about six months ago. On a
six month basis, every person that drives every Town vehicle in this great Town-
ship of ours, has a check through the Police Department, and at that time all
that information comes back to the insurance company, and also to myself, and
we review it, and at that time if there's anybody that has a suspended license,
those people are immediately told that they're not driving any more equipment.
A lot of people don't even know that their license is suspended. Sometimes there's
a lapse in insurance. They don't even know their license got suspended, and
suddenly they called up on a DMV charge, and find out I have no license that
is valid. They were never even notified. That's been a problem I found quite
a few times, that employees have told me about, that they've been told about for
· those who have driven certain vehicles, and never knew themselves that they
had a suspended license. Right now I'm looking in to that with the State of New
York, to find out why notification is not sent out by the DMV to these individuals
by registered mai. I, instead of being notified only to insurance companies, and
not to the individual itself. I'm looking into that now to find out if it is so, and
why has that happening, but thank you for bringing up.
JUSTICE EDWARDS: It was just last week that Ray Jacobs sent over to the Island
the study guide. We have two Town employees over there, that work for Highway,
and there's one Town employee that does not have the license for the heavy
tonage. So, Ray Jacobs realized this, sent over the study guide for them. This
gentleman is going to have to fly over to Long Island. Sit down and take the test.
Possible go back to the Island, get a time slot'to come over here, and one of Ray's
men will take him down to Riverhead at a later date with a truck, so he can prove
to Department of Motor Vehicles. So, Ray is on top of these drivers.
FRANK CARLIN: I'm not saying he's not on top, but I know one thing, you got
thirty-six employees on the Highway Department, and I know there's more than
three people drive a truck. Heavy duty truck. Let's face it.
SUPERVISOR HARRIS: Frank, what I'm saying is, that there's thirty-six men,
and not all thirty-six men have the license, the heavy equipment, class 3 license.
Many of them just have class 5. It sounds, you know, whoever it was that called
you. I don't know who it was.
FRANK CARL1N: I'm saying, you only got three of'them on there, as of two
weeks ago, three of them that had the license. There's twelve that are driving
the trucks, that do not have the license. That's what I'm telling you. They
all don"t have it.
SUPERVISOR HARRIS: Remember Frank, that a lot of the equipment, that is
used in this Town. The small trucks, and so on, with plows on them do not require
the license that you're talking about.
FRANK CARLIN: Any truck over 26,000 tons, a heavy dump truck, or a sand
truck, carrying a load like that requires a those licenses.
SUPERVISOR HARRIS: Undisputable.
FRANK CARLIN: As of'July, 1992, and it's to'the Highway Superintendent, Super-
visor, to see that they get these licenses. Isn't it a fact, also, once they get
at third class license, they go up in their grade? Am I correct?
SUPERVISOR HARRIS: That I don't know.
FRANK CARLIN: I'm pretty sure they go up in their grade with pay.
SUPERVISOR HARRIS: I don't think so.
FRANK CARLIN: I know how the Union words, if you go up any grade, you
get more pay.
SUPERVISOR HARRIS: To the best of my knowledge, that's not in the contract.
FRANK CARLIN: I'm not saying that all thirty-six didn't have them. I'mltelling
you only three have them as of three weeks ago, and that twelve are driving now
without them, and nothing's being done about it. That's what I was told.' You
can do whatever you want, look into it, but I'd like to have an answer of what
you found out. The fact that I see if it's true or not at the next Town Board
meeting. I'm getting sick and tired of telling you people things, and goes in
one ear, and out the other, and you look at me as though I'm stupid.
SUPERVISOR HARRIS: Frank, before you sit down, did you understand what
I said, that you brought this to our attention, and that it's already been brought
to the attention of the person, who is in charge of Highway, and he haS been
well advised on this for some time, and has been working on this? i
FRANK CARLIN: It's awful funny, but sometimes these people, Who call me up
are so sincere, that nothing was being done about it.
SUPERVISOR HARRIS: I can't tell you there's an validity in people that call you,
or not. I would suggest that you talk to the Superintendent of Highways direct,
and ask him the question that you asked us, and there the Town Attorney, but
ask him directly, and I know you'll get approximately the same answer that I told
you. But, call him direct, and get the information direct from the source, that
you know, and not from an anonymous person.
FRANK CARLIN: They wanted to tell me this, because they. couldn't see it. It
was wrong. It was wrong that this was going on for quite awhile, they said,
and it's not right, and it's a danger to the Town, if an accident for liability.
I'm telling you, you people are pretty good people. I'm trying to tell you some-
thing here. I can't go all the way.
SUPERVISOR HAI~RIS: Thank you, Frank, ! appreciate it. Have a nice afternoon.
PHILIP VANBOURGONDIEN: Phil VanBourgondien. I just read in today's paper,
that one of employees of the Town lost a case in respect to a restaurant in Mattituck,
or so called rebuilding his restaurant. It appears according to Newsday, that
you're going to have to pay $25,000.00 fine. I would like to know if it's public
information, and if it will be made available to the taxpayers of Southold, what
the outside attorney's fees were for this entire case?
SUPERVISOR HARRIS: This case goes back to ..Well, I can let Harvey give you
some of the background, if he can talk about it. I don't know if we can continue
on dialogue or not, because it is possible ongoing litigation.
TOWN ATTORNEY ARNOFF:
budgetary payment, that is
open to-the public. That's
on, or the disagreement has
Part of that can be answered. First of all, any
made to outside counsel in any given case is certainly
never been a problem. The lawsuit has b~en going
been going on for about five years.
PHILIP VANBOURGONDIEN: I'm aware of that.
MARCH 23,.1993 4 i 9
TOWN ATTORNEY ARNOFF: There was a resolution, and it is not a final resolu-
tion. There was a jury verdict for a infinitesimal fraction of what the plaintiff
was seeking. The relationship of $25,000.00 to 10.5 million is, I think, I didn't
do the math, but I don't think it was a very large percent. What the Judge
ultimately does, there are things still pending in the Court, in regard to this
particular determination, so I think your question, although is proper, is a little
bit premature. Okay? I think in possibly four weeks the Board and I will be
better able to answer it. There was certain statements made to the press today
by our counsel. The press was present. We opened up the meeting, which could
have been Executive Session, to them, as to a portion of it, because we were
discussing actual things that had already transpired in the courtroom, and I know
that certain other statements were made afterwards to the press by counsel, and
I think that part of it has been done. I don't know that I'm answering your ques-
tion. If you have a question, I'll be glad to address it.
PHILIP VANBOURGONDIEN: My question basically comes down to, it's costing
the taxpayers $25,000.00 at this point. (tape change.) We're all finished, that
half of the town has paid the fines.
TOWN ATTORNEY ARNOFF:
There is no fine.
It's no,t a fine.
The word, fine, is not correct.
PHILIP VANBOURGONDIEN: A levy, or whatever you want to call it, the $25,000.,
plus whatever else you may have to pay along the line later on. Then I would
like to know if it is made public to the taxpayers, what the legal fb. es, the outside
legal fees were?
TOWN ATTORNEY ARHOFF: There would be no question, that that would be
available.
PHILIP VANBOURGONDIEN: It will be available. In other words, anybod,/ who
wants to know will have to come in and ask. See the Town Clerk to find out
the fees?
TOWN CLERK TERRY: Sure.
SUPERVISOR HARRIS: I can tell you now approximately what we have spent,
since this case started. The Town has expended over $100,000.00 to date for
outside counselin9 on this case.
PHILIP VANBOURGONDIEN: Over a $100,000.007 '
SUPERVISOR HARRIS: This was a 10.2 million dollar, this is the largest suit,
that's ever come against this town, and this was a major win for this town. Now,
I know that there are those, who have put spin on it the opposite way, that the
Town lost. The Town didn't lose at all. As a matter of fact, the Town was totally'
exonerated, and as a matter of fact, the individual who, unfortunately,was chosen
as the scapegoat in this case for the award, did nothing wrong either, and that
was exonerated, also, by the jury during the whole trial. So, what has happened
here, and again, I can't go into that much further, there's nothing more that's
happened here. This Town has been totally exonerated from any wrong-doing
on the largest suit, that has ever come in front of us, and I think that the spin
that was put on this, that the Town lost is ludicrous. The Town didn't lose.
The Town has won this case. This is a major case, and you can imagine..
PHILIP VANBOURGONDIEN: He was fined, or whatever you call it.
SUPERVISOR HARRIS: Unfortunately, an employee was singled out, who happened
to be a head of their apartment, as being the one who was found to have done
something incorrect. But, that's strictly because he was a department head, and
that's the only reason, They had to find someplace. Unfortunately, I don't feel
that that was the case at all. I think the man did his job in the best intregity
of this town, and continues to do that job, and we're proud of all the employees
of this town, and what they've done in reference to this case. It's been a long
duration, believe me. When I tell you, Mr. VanBourgondien, you and I would
.not want to go through what many of these employees did on a daily basis. For
two years straight they 'were doing, it's called EBT's, Evidence Before Trial, it's
an unbelievable stress on the system to go through this day after day, and these
individuals really, I think, deserve a great round of applause from the public,
becaus~ this is a lot for any one individual, who is serving the public, to have
to be put through.
PHILIP VANBOURGONDIEN: It's unfortunate that the Town, and the people have
to go through it. It's unfortunate that the legal fees become such a big item.
SUPERVISOR HARRIS: .Remember this is a 1983 Civil Rights Case, Federal case,
which is specialized legislation, specialized litigation all by itself, which is
a tremendous amount of time involved, obviously, as you've heard learned counsel
mention. Councilman Wickham?
COUNCILMAN WICKHAM: I just wanted to add, the Town has been on the
defensive on this case from the beginning. The Town has always regarded the
allegations made by the plantiff as unreasonable, and the Town has had to defend,
we felt we had to defend. We reached out, from time to time, to try to find some
way to resolve it short of a final jury verdict, that would have economized and
saved money, but there was no give on the other side, and we feel, as the Super-
visor said, that the Town has come out of this as well as we reasonable could
have expected. We feel that it has basically absolved the Town of wrong action.
It's been costly. It's been costly for legal fees. It's been costly on the two,
or three, people, who've been caught up in this. It's been costly in terms of
time, and distraction, that the Tow, n-has had to absorb in it, and we regret that.
But, it's something we felt we had to do with a very large number out there,
that they were basically going for.
SUPERVISOR HARRIS: Not too long ago, and, again, I know there's members,
that want to go home, but not too long ago I was with Supervisor Tony Bullock
from Easthampton Town, and they've been involved with a Federal.1983 Civil Rights
case, also, and again, if Tony is listening, and he sees this tape, correct me
if I'm wrong, but I'm pretty sure that Tony told me the Town had expended well
over a half a million dollars in outside legal fees on a case, that was still ongoing
to date. It just goes to show you the unbelievable amount of time, and complexity~
to a Federal litigation. Thank you.
FRANK CARLIN' Yeah, but, Scott, if this man won in two courts, I believe
it was, wasn't it? It was decided on one or two courts, until he went into this
higher court, right? The case came up, one of the courts ruled in his favor.
Why do you people keep persisting it? Was it worth five years to spend a hundred
thousand dollars of the taxpayers' money to prevent a man opening up a business?
COUNCILMAN WICKHAM: We're on the defensive.
SUPERVISOR HARRIS: Frank, I think..
FRANK CARLIN: Come on. You were on the defensive all right. Five years of
not having a business with doors rotting away there, with windows smashed out,
is that any good for the town?
SUPERVISOR HARRIS: Frank, if you may, I think you misunderstood again'. We
· were sued. We were sued.
FRANK CARLIN: Don't get me started here.
SUPERVISOR HARRIS: We were sued. That's it. We were sued.
FRANK CARLIN: I know you were sued.
SUPERVISOR HARRIS: We were sued. That's why the time spent by the outside
counsel,
FRANK CARLIN: Who started though? You were sued, but who started it? There's
a lot to the story that don't meet the eye, too. It's sickening. You stopped
the McDonald's from coming in here. Now, I often wonder why you stopped this
man from opening up his resturant in there. It's sickening. A man tries to open
up a business, and the building is sitting there.. He put money into it, invested
money into it for five years, and the windows are being smashed out. Is that
any good for the town? Let's be practical about it. When are the people in this
town going to wake up, and realize what's going on in this town? We need progress
in this town, not preventing people from opening up a business, and George,
you keep looking at me with a grin on your face, and I could start on you, too,
if I wanted to.
MARCH 23, 1993
421
SUPERVISOR HARRIS: Frank, I don't always agree with what you have to say,
but I certainly respect your right to be able to say it..
FRANK CARLIN: You're darn right I'm going to say what I want to say, because
it's the truth,
SUPERVISOR HARRIS: At this time, there's a motion to adjourn.
FRANK CARLIN: We can start on signs, and everything else. I can see it coming
now.
SUPERVISOR HARRIS: I'm sorry, there's two more speakers.
COUNCILWOMAN HUSSIE:- I gave a very terse no to Resolution #20, which was
the creation of a Southold Town Youth Bureau. I want to make it clear, that
I realize that youth is a very, very important resource both in this country, and
in this town. However, I'm ~not sure, that at this time the creation of a Youth
Bureau will be in the best interest of the youngsters of the town, and until I'm
convinced of the functions, the procedures, and the advantages of a Youth Bureau,
I don't condone the formation of one. I~o not mistake me, I am not against youth.
I just want to make sure, that the Youth Bureau does what it's supposed to do,
and at this point I'm not sure what that is.
SUPERVISOR'HARRIS: Councilman Penny, and then we'll wrap up.
COUNCILMAN PENNY: Last week :there was some interesting charges, that were
made in the local papers, regarding the number of Executive Sessions, that the
Town Board has held. I'm going on the Town Board, now, for a little over seven
years, and quite honestly I want to compliment Supervisor Harris in bringing the
number of items, that he has brought to the Town Board in .Executive Session,
so that we know what's going on. When I wasfi'i~st elected to Town Board in 1986
very few matters where ever discussed in Executive Session before the Town Board.
That's a matter of fact, and I will agree with that, and the reason being is very
clearly, the Supervisor, and the Town Attorney at that time, took care of most
of the.litigation. ~.! was in shock year after year, as people would approach me,
and say, how,s the Town making out in this case, and how's the Town making
out in that case, and I didn't even know as a Town Board member, if these cases
were going on. Supervisor Harris has brought in openness to the Town Board
for the first time in a long time, probably a decade, where every issue that comes
before this Town is dealt right here at this table, not in some closed office.
not in a secret discussion between the outside counsel, the Town Attorney, and
the Supervisor, as' was the case of his predecessor. Believe you me, we have
dealt with many, many serious issues. The question comes up, how can there
be so many issues? How can the magnitude of Executive Session can be so great?
The people, that are asking the question, a lot of them were involved in litigation
against the Town, the Master Plan. Groups from the community, many now that
I see out in the background raising these questions brought litigation against
the Town of Southold. Many of their supporters have brought litigation against
every marine decision that's been brought down here in .Southold Town. That is
just one the reasons. The Home Occupation Law was another reason. Many of
the people, that are sitting here, even today, were against the Home Occupation
Law, and took the Town to task for it. Who paid for that? Taxpayer's dollars.
The Town Board had to sit, and meet, and pay taxpayers' dollars defending itself
against it's taxpayers. 'Among the issues, that we've dealt with over the last
five, or six years, and these are some big ones, because previous Town Boards
ducked major issues, They walked out on an unfinished Master Plan. They left
the composting, and the dump situation to us. We took over. Did it have to
be in Executive Session? In some case, yes. In some cases, I fought vehemently
that certain aspects of the composting, and the whole composting negotiations
should never have been in Executive Session, and the Town Board, the Town
Attorney, and the Bond Counsel, all assured me that everything was proper. We
dealt with composting. We dealt with the Zara, a $10,000,000.00 lawsuit~ t'he
Landfill litigation, which is still ongoing, the Master Plan, which went on for three
or four years, major Planning Board issues, which a lot.of you never even hear
about, the Angel Shore lawsuit, which the Town Board settled with the help of
the court, and the litigation on the Sooner~s property down in Greenport. These
are all issues, that we dealt with here. We dealt with many, many personnel matters.
422
MARCH 23, 1993
We dealt with the Fishers Island Municipal Agreement. Now, we find out three
years later, that some of the people that wanted it the most are telling us we
should have been in Executive Session, but, if you go back and look for the
recorded vote on Executive Session, you'll find out that they put up the resolution,
or seconded it, and most certainly voted for it, and the Home Occupation Law
as I mentioned before. There is another matter, that came to my attention, as
a result today of being in Executive Session. There's a lot more to being in
Executive Session, and to...all of this, the gag order charges, that have been
made against the Town. The gag order, that Supervisor Harris initiated, and
the To~n Board supported regarding anybody talking about litigation. That was
the gag order, that was in place in Southold Town, and the reason why is very
clear. If employees run around, or Town officials, run around, and talk about
whatLs going on in law cases, they may very well be sued. Now, we had a clear
cut case of this happening to us in January of this year. We had an Executive
Session, where Councilman Wickham sat with us. He then went running to the
other people, that we were talking about in the North Fork Bank case, which
all made the papers, and we couldn't talk about it then, because we were in
Executive Session. Councilman Wickham leveled charges against the Town Board,
and the Town of Southold for doing things improper. His exact comments were,
it is simply to disassociate 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. What was this all about?
Well, we couldn't talk about it, because we were in the middle of the Zara litiga-
tion. Today,' when we discussed Zara litigation, and the fact that Tom's relatives
are also the Attorneys for the other side, I excused myself from the room, because
I did not want to get caught in this pitfall, again, where I might say something
and be quoted out of context in an Executive Session. Where is this all leading
us? A letter to the Court on January 15th,' setting up a conference with the Judge
to appraise your honor of certain new developments, which it is submitted warrant
either a amendment of the instance complaint, or.the institution of a separate 1983
action against the Town of Southold, and certain Town officials. This is what --
happens when you talk about matters, that are in Executive Session. So, God
bless the gag order. I wish that everybody in the Town honored it. I know as
a Councilman I always have. You don't talk about matters in litigation. You don't
do anything of that nature, because we just got out of a ten million dollar lawsuit
with similar allocations. The comments of Tom, that I read you before, are in
this document. The Judge, fortunately for us, dismissed the whole matter, but
this is where it can lead. What we talk about in Executive Session is very, very,
very serious, and if you don't think it's serious, talk about figures in the ten
million dollar range. Sooner or later, as some President said, what was it Truman,
or one of those guys said, sooner or later we're going to be talking about real
money. Well, that-is where you can get into. I draw a fine line, between my
politics, and my position in the Town of Southold, and I hope that others throughout
this campaign could do exactly that. Many of the charges, that they are I.eveling
right now are borderline on other litigation .with the Town of Southold. I Know
there's a lawyer involved in this group. I really wish that he would advise them,
and they listen, because the loser in the overall, regardless of who wins the election,
is going to be the people, that have to pay for these comments when the Town
loses lawsuits. Thank you.
COUNCILMAN WICI~HAM:. Supervisor, I stand behind every word I said in January,
and I'm perfectly happy to have said it, and there's absolutely no compromising
of the Town's position in regard to the litigations in question. I have only one
question, and that is that the last time that this Town Board met there was an
Executive Session, that discussed the intermunicipal agreement with Huntington.
I raised a question about the legality of that discussion, but I never divulged
anything of the content, but I read the newspaper, and it's the Deputy Supervisor
I see quoted as revealing the numbers in there of the document, that i felt should
be protected from the people of Huntington, who came here to be with us, so
for somebody talking about divulging the privacy'-of an Executive Session, lhe
Deputy Supervisor has only himself to blame.
COUNCILMAN PENNY: Nice try, Tom. I gave no figures to any of the reporters.
MARCH 23, 7993
423
COUNCILMAN WICKHAM: You gave the ratios,, and the proportions.
COUNCILMAN PENNY: The ratios, and the proportions?
COUNCILMAN WlCKHAM: That's the numbers.
COUNCILMAN PENNY: The ratios, and the propostions.
COUNCILMAN WICKHAM. That's the numbers.
COUNCILMAN PENNY: Does that :equat~:,the dollars?
COUNCILMAN WICKHAM: Yes, it does. ~'-~i~ ''~ : L~
COUNCILMAN PENNY: Nice try, Tom.
COUNCILMAN WICKHAM: On an exchange basis, that equates :~the dollars.
COUNCILMAN PENNY: Tom, we ~h°uldn't have been in Executive Session. Why
are you charging me with this?'
COUNICLMAN WICKHAM: That's true, and I brought that to your attention.
COUNCILMAN 'PENNY: Thank you. I agree. Cut the nonsense.
FRANK CARLIN: This is a example of your Town Board right there in action.
Dissention. Mud throwing. How can you run the government like this? You all
should be ashamed, one knocking the other one, one's~a[king about the other one.
SUPERVISOR HARRIS: I'm trying to keep them all together, Frank.
FRANK CARLIN: One's digging the other one. You should run the government
the way it supposed to be run, and give the taxpayers what they voted for.
SUPERVISOR HARRIS: Frank, that's enough. You're not recognized anymore.
Thank you. Thank you for your words.
FRANK CARLIN: I hope the taxpayers realize what I'm saying.
SUPERVISOR HARRIS: Thank you. 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 5:30 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Southold Town Cler~