HomeMy WebLinkAboutTB-04/06/1993424
SOUTHOLD TOWN BOARD
APRIL 6. 1993
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski,
Councilwoman Alice J. Hussie, Assistant Town Attorney Matthew G, Kiernan, Town
Clerk Judith T. Terry. Absent: Town Attorney Harvey A. Arnoff.
9:35 A.M. For Discussion items: (1) Letter from Albany County Executive
bringing to the Town's attention the disparities in funding for State vs. other
Municipal Airpor~ts as included in Governor Cuomo's proposed 1993/94 Budget 'for
New York State Department of Transportation. The proposal allocates airport funds
of $10.8 million for Stewart and Republic Airports, and $4 million for the other 44
municipal airports. Non-state owned airports will only receive 50% of the non-federal
share, down from 75%. Supervisor Harris will write to the Governor, as well as local~
and other State Legislators urging them to stop the State's attempt to direct Federal
Aid to Stewart .and Republic by denying State matching funds to municipal airports,
and this move would severely affect the Town's Elizabeth Field Airport on Fishers
Island. (2 & 3) Proposed covenants and restrictions for Jem Commons and Southold
Commons change of zone petitions. Town Attorney Arnoff will request the attorney
for the applicant to clarify certain points. (4) Letter from the North Fork Planning
Conference/Stewardship Task Force Transportation Group asking for the Town
Board's endorsement' of the Scenic Road Program by adbpting a "Scenic Roads
Resolution". Councilwoman Hussie expressed her concern that such a resolution
would be premature. Councilman Lizewski said he would like to see the Scenic
Highways program incorporated into the entire plan. Councilman Penny said he also
feels the proposal should be included in the Task Force's final recommendation. He
has requested Article 49 of the Envirohmental Conservation Law from the NYS-DEC'
and a packet is being sent to him. He also advised that he spoke to Bob Schwartz,
NYS-DOT, Riverhead, who told. him that the DOT project on Route 25 through
'East Marion and Orient will include sfioulder upgrade, but the road will not be
widened. (5) Councilman Wickham offered to be the Board member to work with
the ~Stewardship Task Force delegation on the scenic roadways proposal. Supervisor
Harris advised that Richard Hilary, Chair'man of the Task Force, has offered to be
the liaison between the transportation committee and the Town Board. (6)
Councilman Wickham asked the Board whether they wish to consider some limited
business uses for wineries, and does the Board wish the Planning & Zoning
Committee to look into the question? Supervisor Harris sta'ted that the Agricultural
Committee of the Task Force is working on this. Councilman Penny said they should
find some way to tie the agricultural and winery communities together on this
subject. He would also like to see the Planning & Zoning Committee take up the
matter of farm stands. Councilman Wickham said he has spoken to the Agri~cultural
Committee and they are planning to work on farm stands. The Supervisor will
request Tom Samuels to co.me to the next work session to report on the progress
of the Stewardship Task Force subcommittee. (7) Board discussed the proposals
for planning services for the Stewardship Task Force. They all agreed that Joel
Russell, Woodlea Associates, should be engaged, along with Philip Herr, Herr $ .
James Associates, as a subcontractor to Mr. Russell. Richard Hilary, Chairman of-
the Stewardship .Task Force, also present at this time, concurred, and a letter
outlining the recommendation of the Task Force was submitted to the Town Board
on April 2nd. Councilman Penny suggested that the Board send a letter of intent
to Mr. Russell and request that he submit a proposed contract incorporating Philip_
Herr as a subcontractor.
10:30 A.M. - John M. Bredemeyer, III, President of the Town Trustees, and
Richard Hilary, Recreation Director, met with the Board to discuss the need for a
part-time Clerk Typist for the Recreation Department. At the present-time a full-
time Clerk Typist has been working part-time for the Trustees and part-time, for
the Recreation Department. The Trustees have become extremely busy and need
the clerk, who is well versed in Trustee matters, to work full-time. They have a
surplus in their personnel services line in the budget and would willing to assign
those funds for the services of part-time clerk for recreation. The Town Board
agreed to the proposal and placed a resolution (no. 21) on the agenda authorizing'
the Town Clerk to advertise for resumes for this position.
425
APRIL 6, 1993
10:45 A.M. - For Discussion (continued): (8) While Town Trustee President
Bredemeyer was still present at the work session, Councilman Wickham reported on
the April 1st Groundwater Resources Committee meeting. Councilman Wickham
advised that in the absence of other Town Board members he chaired the meeting
which was attended by Mr. Bredemeyer and three members of the Suffolk County
Water Authority. He stated that during informal discussion there were certain points
of agreement - a proposed Memoranda of Understanding between the Trustees and
Town Board, a full' Town Board and full Board of Trustees meeting to discuss
developing the memoranda of understanding, both of which would be discussed at
this work session today, hold in abeyance further meetings of the Groundwater
Resources Committee, and the Greenport Water Company should be included in
notices of public meetings concerned with water in .the Town. Trustee President
Bredemeyer stated that he feels the memoranda of understanding is a bit premature
as the Trustees are not certain how they will proceed. He would like the entire
Town Board to meet with the Trustees once they have formulated a proposal for the
future development of the Groundwater Resources Committee. (9) Appointment of
a Clerk Typist for the Planning Board office was discussed in Executive Session at
12:10 P.M. (10) Part-time clerk for the Recreation Department was discussed at
'10:30 A.M. with Trustee President Bredemeyer and Recreation Director Hilary. (11)
Letter from Assemblymen, Sawicki and Behan advising the Town Board of pending
legislation in Albany which would make striped bass a gamefish in New York State
(see resolution no. 23 in opposition to the legislation). (12) Town Clerk, at the
request of Recreation Director Hilary, asked the Town Board if they wished to
increase the 1992 salaries for summer employees. Councilman Lizewski stated that
Mr. Hilary had contacted him and asked that this be tabled until he has an oppor-
tunity to discuss the matter with him. After further consideration Councilman
Lizewski requested that the 1992 salary schedule be adopted (resolution no. 24),'
and can be amended, if necessary, after his meeting with Mr. Hilary. .(13)
Appointment of a Van Driver for EISEP and Home Aide Program (see resolution no.
25). (14) Appointment of a provisional Public Safety Dispatcher I was discussed
during Executive Session at 12:10 P.M. (15) Memorandum from Planning Board
Chairman Ward asking that performance bond determination for proposed subdivision
of Petrol StationS Ltd. be placed on the Town Board agenda today for a decision.
Councilman Penny said he has reviewed this proposal and finds that there was a
change on a business parcel' that has been over'looked, and-brought it to Mr. Ward's
attention. Councilman'Penny believes a site plan is required, and the Planning
Board should seek consultation with the ZBA and Building Inspector. (16) .Letter
from Assemblyman Joseph Sawicki, Jr. to DEC Commissioner Jorling requesting his
input regar, ding the formal resolution adopted by the Town Board on February 2nd
regarding the Long Island Landfill Law and the Part 360 Regulations. Assemblyman-
Sawicki asked that 'Commissioner ~orling seriousl.y consider tl~e Town Board's
proposal that Part 360 be revised in ways that retain the vital environmental
· safeguards while providing some flexibility in regulating landfills, and have such
amendment incorporated into DEC decisions regarding the Long Island Landfill Law
and the DEC's' enforcement of those landfills.
EXECUTIVE SESSION
12:10 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman
Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Assistant Town
Attorn'ey Kiernan, Town Clerk Terry.---The Board discussed the appointment of
a Clerk Typist for the Planning Board office, and placed resolution no. 26~ on the
agenda for the appointment of Martha A, Jones,---Discussed the appointment of a
provisional Public Safety I~ispatcher I, and placed resolution no. 27 on the agenda
for the appointment of Sheila Klos.---The Board then discussed personnel and
contract negotiation,
1:10 P.M.' - The Board reviewed the proposed Negative Declaration on the Reynold
& Herman Blum change of zone peti'tion as submitted by their consultants, Cramer,
Voorhis & Associates, and placed resolution nos. 28 and 29 on the agenda to adopted
the negative declaration and set a public hearing on the change of zone petition.
1:20 P.M. Town Board reviewed resolutions to be voted on at the 7:30 P.M.
Regular Meeting.
1:35 P.M. - Work Session adjourned.
426
REGULAR MEETING
A Rec~ular Meetin9 of the Southold Town Board was held on Tuesday, April
6, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 7:30 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
Assistant Town Attorney Matthew G. Kiernan
Town Clerk Judith T. Terry
SUPERIVSOR HARRIS: We have one public hearing tonight, which is scheduled
for eight o'clock P.M. Before we enter into the business of the evening, I'd like
to ask if everyone would please loin me in a moment of silence. Besides from
this being Easter week, we also have an employee, who is very ill, and we certainly
would wish him the best. Would you please join me in a moment of prayer for
this individual. Thank you. That's one of our custodians. (Douglas Clark).
I need a motion to approve the audit of the bills from April 6, 199'3.
Moved by Councilman Penny, seconded by Justice Edwards, it wa§
RESOLVED that the followin9 bills be and hereby ordered paid: General Fund
Whole Town bills in the amount of $35,960.62; General Fund Part Town bills in
the amount of $33,003.69; Nutrition Fund 'bills in the amount of $3,861.74; SNAP
Program bills, in the amount of $!02.95; EISEP Program bills in the amount of
$298.00; Highway Fund Whole Town bills in the amount of $10,101.51; Highway
Fund Part Tow.n bills in the amount of $7,425.39; Ag Land Development Rights
in the amount of $2,679.13; Human Resource Center'bills in the amount of $66.52;
Generator Capital bills in the amount of $26,164.00; Employee Health Benefit Plan
bills in the amount of $56,094.50; Fishers Island Ferry District bills in the amount
of $27,274.49; Southold Wastewater District bills in the amount of $708.50; Fishers
Island SeweP District bills in the amount of $120.00; Southold Agency & Trust
bills in the amount of $9.95CR; Fishers Island Ferry District Agency & Trust bills
'in the amount of $390.22.
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: I need a motion to approve the minutes of March 23, 1993.
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the minutes of the March 23, 1993, regular Town Board meeting
be and .hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hu.ssie, Councilman Lizewski,
Councilman Wickham, Councilman Pen. ny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to set April 20, 1993, 4:00 P.M., the
next regularly scheduled Southold Town Board meeting.
Moved by Councilman Wickham, seconded bY Justice Edwards, it was
RESOLVED that the next recjular meetin9 of the Southold Town Board will be at
4:00 P.M'., Tuesday, April 20, 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.
REPORTS
1. Southold Town Scavenger Waste Treatment Facility Monthly Report for
March,' '1993.
2. Southold Town Building Department Monthly .Report for March, 1993.
3. Southbld Town Clerk's Monthly Report for March, 1993.
4. Southold Town Justice Edwards Monthly Report for March, 1993.
APRIL 6, 1993
5. Lawrence Healthcare PBA Benefit Report for March, 1993.
6. Lawrence Healthcare CSEA Benefit Report for March, 1993.
7. Southold Town Justice Tedeschi's Monthly Report for March, 1993.
8. Southold Town Dog Shelter Monthly Report for March, 1993.
9. Councilmen's Report.
10. Supervisor's Report.
Il. PUBLIC NOTICES
1. Tri-State Radio Planning Committee FCC, Re~ion 8, announcement of the
opening of a new frequency application window.
2. Southold Town Highway Department No{ice of Spring Leaf and Brush
Clean-up.
3. New York State Department of Environmental Conservation, Notice of
Intent to Prepare a Draft ElS Determination of Significance by Quaranta Enterprises,
Inc., to construct and operate a fish farm S/E of Plum Island, Town of Southoldr
Suffolk County, New York.
Ill. COMMUNICATIONS.
IV. PUBLIC HEARINGS.
1. 8:00 P.M., on a proposed "Local Law in Relation to Boats, Docl~s and
Wharves".
V. RESOLUTIONS.
SUPERVISOR HARRI'S: At this time, before we go into the resolutions of the
evening, is there anyone from the audience, that would like to speak in reference
to any of the .resolutions, that we'll be acting upon? (No response.) If Mot, we'll
start with the resolutions, and would you lead us off, Judge Edwards?
1.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund- Whole Town 1993 Budget, and
the subsequent transfer of funds from the General Fund to the Local Waterfront
Revitalization Program Capital Fund to provide funding for the contract between
the Town and Cashin Associates whereas bond funds have been exhausted:
To: -
A9901,9 Transfers to Other Funds $ 1,993.77
From:
A1010.4 Town Board, Contractual, Expenses $ 1,993.77
-1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman .Wickham, Councilman Penny, Justice Edwards,' Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1993 Budget modification fo'r t'he Fishers Island Ferry District to provide
for legal fees relating to the New London terminal:
To:
SM. 1410.4 Attorney, Contractual Expenses $ 10,000.00
From:
SM.5709.2 Dock Repairs, Capital Outlay $ 10,000.00
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 Councilwoman Hussie,
'RESOLVED that the Town Board
to Assessor Robert I. Scott, Jr.
to be held at Schoharie County,
and the necessary expenses for
a legal charge to the Assessor's
3.~Vote of the Town Board: Ayes:
seconded by Councilman Lizewski, it was
of the Town of Southold hereby grants permission
to attend a course entitled, "Farm Appraisals"
New York, from April 12 through April 16, 1993,
registration, travel, meals, and lodging shall he
1993 Budget.
Councilwoman Hussie, Councilman L-izewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1993 Budget modification to the General Fund - Part Town to transfer
donated funds for D.A.R.E. items from Agency & Trust:
To:
Revenues
B2705 Gifts & Donations $ 136.86
Appropriations
B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 136.86
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.
5.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Fishers Island Fire Department to close the following Town roads for their
fund-raising marathon to be held on Sunday, May 30, 1993, between the hours
of 9:00 A.M. and 10:30 A.M. (or until the marathon is ended), provided they
secure and file with the Town Clerk a one million dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured: Mansion House
Drive between Fox Avenue and Equestrian Avenue; Oriental Avenue between Fone
Street and Athol; and Athol between Mansion House Drive and Crescent Avenue.
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 a refund
of $25.00 to William Jackowski, Jr., which sum represents the purchase of a 1993
Resident Landfill Permit, which was not necessary as Mr. Jackowski is the holder
of a Commercial Solid Waste Disposal Permit for which he paid $60.00, and was
effective 3/14/92 through 3/14/93, and was renewed for the period 3/14/93 through
3/14/94..
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.
7.-Moved by Cbuncilman Penny, seconded by Justice Edward~, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
'directs the Town Clerk to advertise for bids for 10,000 linear feet of snow fence,
and 500 - 6 ft. studded steel "T" posts, for the Highway Department.
7.-Vote of the Town Board: Ayes: CouncilWoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice .Edwards,. Supervisor Harris.
This resolul~ion was declared duly ADOPTED.
8.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs l~he Town Clerk to advertise .for. bids for the purchase of 5,000 cubic yards
(more or less as may be needed) of Screened Sand for Ice Control and Highway
Maintenance.
-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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to submit a grant application to the State of
New York Task Force on Integrated Projects (TFIP), for developing new or
expande~l DARE Programs for students in grades kindergarten through six.
9.-Vote of the Town Board: Ayes: 'Councilwoman Hussie, Councilman Lizewski,
Co.uncilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Penny, 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 an Extension Agreement between
the County of Suffolk and the Town for the Supplemental Nutrition Assistance
Program (SNAP) for the term of April 1, 1992 through March 31, 1994, at a total
agreement cost for the budget period of $31,510.00; all in accordance with the
approval of'the Town Attorney.
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.
11.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an Extension Agreement between
the County of Suffolk and the Town for the Community Services for the Elderly
(CSE) Day Care Program for the term of April 1, 1992 through March 31, 1994,
at a total agreement cost for the budget period of $20,867.00; all in accordance
with' the approval of the Town Attorney.
11.-Vote of the Town Board: Ayes:' Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Wickham; seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
~ec. lret, the res'icjnation of Thelma Morton as an Aide under the Expanded In-Home
Services for the Elderly Program (EISEP), effective immediately.
!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.
13.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby autl~orizes the
purchase of six (6) 1993 Ford Crown Victoria Police Vehicles, from Sayville Ford,
under the Suffolk County Bid Contract #VPP-031794, at a cost of $13,960.00 each
($83,760.00 total).
13.-Vote of the Town Boar. d: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.~Moved by Councilwoman Hussie, seconded by Councilman Penny, 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 Stenographer
for the Board of. Assessment Review for the 1993 sessions beginning May 18~ 1993,
at a salary .of $7.~25 per hour.
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 Councilman Lizewski, secohd~d by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc, t budget modification to the General Fund - Whole Town 1993 Budget to
appropriate Park & Recreation funds for the Peconic Lane Park purchase contract
and survey:
To:
Revenues:
A2025 Special Recreation Facilities $ 155,600.00
Appropriations:
A7110.2 Parks, Equipment $ 155,600.00
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 Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Board of Commissioners of the Fishers Island Ferry District to accept the
bid and enter into a contract with Whaling City Dredge & Dock Corp. (the only
bidder), in the amount of $16,887.00 for removal and replacement of dolphins at
the Ferry District's New London terminal, plus $200~00 each for removal and
redriving of obstructed piles, all in accordance with the bid specifications for
this project.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUSTICE EDWARDS: Just a little added thing here, that the dolphins that they're
removing are not the endangered species. They're wooden pilings, and they are
grouped together. There are about ten in a cluster-.
17.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the ..Town Board of the Town of Southold hereby authorizes the
following 1993 Budget modification to the Fishers Island Ferry District to appropriat, e
FAA grant:
To:
Revenues
SM.4097 Capital Grant, Federal Government $ 44,000.00
Appropriations
SM.5610.4 Elizabeth Airport, Contractual Expenses $ 44,000.00
1'7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Super~/isor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie,
WHEREAS, the Town of Southold wishes to receive Community Development funding
and be e~igible to partcipate in the HOME Investment Partnership Pro, ram from --
the United States Department of Housing and Urban Development through the
Suffolk County Community Development Consortium: and
WHEREAS, in order to receive funding through the Suffolk County Community
Development Consortium it is necessary to enter into a Cooperation Agreement
with Suffolk County for a period of three (3) years commencing with federal fiscal
year 1994.abd continuing through federal fiscal year 1996'; now, therefore, be it
RESOLVED that the Supervisor is hereby authorized and directed to sign a three
(3) year Cooperation Agreement with Suffolk County to receive Community Develep-
ment funding for federal fiscal years 1994, 1995, and 1996.
18.-Vote of the Town Board: Ayes: Cquncllwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards,, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that pursuant to Article IX of the Constitution, the Town Board of
the Town of Southold hereby reques.t the enactment of Assembly bill No. 2967,
entitled "AN ACT to amend the Highwa,v Law, in relation to increasin~ the amount'
permitted to be.raised by taxes for certain highw, a¥ equipment in Suffolk Count,v":
it is hereby declared that a necessity exists for the enactment of such legislation,
and the Town Board does not have the power to enact such legislation by Local
Law.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved.by Justice Edwards, seconded by Councilman Wickham, it was
· RESOLVED that the Town Board of the Town of Southold hereby amends their
resolutions no. 4, 5, and 6, adopted on February 23, 1993, authorizing the
Supervi.sor to execute SEQR Agency Compliance Statements and Infrastructure
Renewal Grant Agreements (Studies) to the New York State Department of Trans-
portation, Aviation Transportation, for the following projects with respect to
Elizabeth Field Airport, Fishers Island, New' York: Project No. 0913.05, Install
new medium intensity runway light'ing system on Runways 12-30 and 7-25; install
rotating beacon and wind cone~ install VASI and REILS on Runways 7, 25, 12
and 30; install electrical vault; Project No. 0913.06, Engineering Design for Runway
12-30 'Overlay; Project No. 0913.07, Engineer~ing Design for Runway 7-25 Overlay;
said amen'dments in accordance with the request of the New York State Department
of Transportat'ion t6 reflect the following four financial figures pertaining to the
grant: Total Project ~ost, Federal Sha're, State Share, Local Share.
APR,. 6, 1993 4 3 1
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declare duly ADOPTED.
Resolution No. ~, adopted on February 23, 1993 now reads as follows:
WHEREAS, application for available Federal Funding to install new medium intensity
runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind
cone; install VASI and REILS on Runways 7, 25, 12 and 30; install electrical vault,
at Elizabeth Field Airport, Fishers Island, New York, has been approved; and
WHEREAS, the project has been deemed consistent with sound transportation
development policy and planning concepts for New York State participation; and-
WHEREAS, the Federal share of the grant amounts to $459,720.00, the State share
amounts to $38,310.00, the Local share amounts to $12,770.00, for a Total Proiect
amount of $510,800..00; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Harris to execute the New York State Department of
Transportation, Aviation Transportation, Infrastructure Renewal Project Grant
Agreement, for financial assistance not to exceed $38.310.00 (State PIN No. 0913.05),
and the SEQR Agency Compliance Statement for said proiect which is described as
follows: Install new medium inten'sity ~:unway lighting system on Runways 12-30 and
7-25; install rotating beacon and wind cone; install VASI and REILS on Runways
7, 25, 12 and 30; install electrical vault, at the Elizabeth Field Airport, Fishers
Island, New York.
Resolution No. 5. adopted on February 23. 1993 now reads as follows:
WHEREAS, application for available Federal Funding for Engineering Design for
Runway 12-30 Overlay, has been approved; and
WHEREAS, the project has been deemed consistent with soun~l transportation
development policy and planning concepts for New York State participation; and
WHEREAS, the Federal share of the grant amounts to $54,000.00, the State share
amounts, to $~,500.00, the Local share amounts to $1,500.00, for a Total Project
amount of $60,000.00; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Har. ris to execute the New York State Department of
Transportation, Aviation Transportation, Infrastructure Renewal Project Grant
agreement, for financial assistance not to exceed $4,500.00 (State PIN No. 0913.06),
' and the SEQR Agency Compliance Statement for said project which is described as
follows: Engineering Design for Runway 12-30 Overlay, at Elizabeth Field Airport,
Fishe~'s. Island, New York.
Resolution No. 6, adopted on February 23, 1993 now reads as follows:
WHEREAS, application for available Federal Funding for Engineering Design for
Runway 7-25 Oyerlay, has bei~n approved; and
WHEREAS, the project has been deemed consistent with sound transportation
development policy and planning concepts for New York State participation; and
WHEREAS, the Federal share for the grant amounts to $45,900.00, the State 'share
amounts to.$2,SS0.00, the Local share amounts to $2,550.00, for a Total Project
amount of $51,000.00; now, therefore, b.e i.t
RESOLVED that the Town Board of the. Town of Southold hereby authorizes and
directs Supervisor Harris to execute the New York State Department of
'Transportation, Aviation Transportation, Infrastructure Renewal Project Grant
agreement, for financial assistance not to exceed $2,550.00 (State PIN No. 0913.07),
and the SEQR Agency Compliance Statement for said project which is described as
follows: Engineering Design for Runway 7-25 Overlay, at Elizabeth Field Airport,
Fishers Island, New York.
-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED th.at the Town Board of theTown of Southold hereby authorizes and directs
the Town Clerk to advertise for resumes for a part-time Clerk Typist for the Recrea-
tion Department, 13 hours per week, $6.50 per hour.
21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, .Justice Edwards, Supervisor Harris..
This resolution was declared duly ADOPTED.
22,-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$40,000.00 cash deposited with the Town Clerk for a bond for roads and improve-
ments in the major subdivision of Francis Greenberger, Eugene's Road, Cutchogue;
said bond amount approved by resolution of the Town Board on March 23, 1993;
and be it
FURTHER RESOLVED that the Town Clerk shall place the $40,Q00.00 in an individual
savings account to be held until said roads and improvements have been completed .....
to the satisfaction of the Town.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski',
Councilman W!ckham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on record
in opposition Assembly Bill 3390 and Senate Bill 1961 which would make striped
bass a gamefish in New York State and would literally mean the end of catching
and selling striped bass; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is directed to trans-
mit a copy of this resolution to Governor Marlo M. Cuomo, Assemblyman Richard
L. Brodsky, Chairman of the Assembly Environmental Conservation Committee,
Senator Owen H. Johnson, Chairman of the Senate Environmental Conservation
Committee, Assemblywoman Elizabeth A. Connelly, Assembly sponsor of the bill,
and Assemblyman Joseph Sawicki, Jro, 1st Assembly District; and Assemblyman
John L. Behan, 2nd Assembly District.
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: This town has been asked by Assemblyman Sawickli to
go on record opposing this bill, as all East End towns will be doing very shortly.
This bill serves no purpose to the commercial fisherman of the East End, and
those who make a living by this fish. Making it a game fish certainly would remove~'""
some of the livelihood, that these people count on, on a yearly basis.
24.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the 'followin.q
1993 salaries for the following summer employees:
Pla~zgro~nd Instructors $8.00 per hour
Swimming Instructors - $12.00 per hour
Beach Manager - Year 4 - $10.00 per hour, plus mileage
Year 1 - $50.00 per day, plus mileage
Year Number Lifecjuard per hour Beach Attendant per hour
1 $ 7,42 $ 5,83
2 7,69 5.99
3 7,95 6.15
4 8,22 6,31
5 8.48 6.47
6 8.75 6.63
7 9.01 6,78
8 9.28. 6, 94
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewskil,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Ftarris.
This resolution was declared duly ADOPTED.
25.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Beverl,
Norkelun as a Van Driver for the Expanded In-Home Services for the Eldelrly
Program (EISEP) and Home Aide Program, effective immediately, at a salary of
.$5.50 p~r hour, [Beverly Norkelun is presenHy a Van Driver for the Nutrition
Program and Supplemental Nutrition Assistance Program (SNAP).]
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilmao Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Martha
A. Jones to the 'position of Clerk Typist in the Planning E~oard office, from the
Suffolk County Department of Civil Service Certification of Eligibles List, effective
April 19, 1993, at.a salary of $20,737.00 per annum.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham.
This resolution .was declared duly ADOPTED.
27.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints. Sheila
Klos as a provisional Public Safety Dispatcher I,' effective April 7, 1993, at a
salary of $21,327.22 per annum.
27.-Vote of the Town Board: Ayes: Couhcilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Mo~ed by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that. pursuant to Pa~t 617 of the implementing regulations pertaining
to Article 8 (State EnviroNmental Quality Review) of the Environmental Conservation
Law, the Town Board of the Town of Southold, as lead agency, has determined
that the proposed action of Reynold & Herman Blum for a change of zone from
Residential Office "R-O" District to Business "B" District on certain property
located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue,
New York, (SCTM #1000-103-01-19.2 & p/o 19.11) will not have a significant effect
on the environment and that a Draft Environmental Impact Statement need not
be prepared; and be it
FURTHER RESOLVED that this determination is issued in full consideration of
the criteria for determination of significance contained in 6 NYCRR Part 617.11,
the Long Environmental Assessment Form Parts I and II, and the following specific
reasons:
1. The' project has been evaluated through a Long EAF Part I and II which
consider environmental and planning aspects of the project.
2. The subject parcel does not exhibit environmental sensitiVity in the
traditional sense. Review of the Long EAF Part I as well as field inspection
indicates that the site is suited for controlled development for'the following reasons:
soils are conducive to leaching, topography is flat, there is no significant vegeta-
tion, wetlands or wildlife habitat on site.
3. -The proposed zoning would not generate a significant influx of people
or traffic as compared to present zoning, nor would noise, aesthetic or visual
resources be significantly adversely impacted.
4. Land use and zoning issues are a local as opposed to regional i:onsidera-
tion, and measures are available to redu'ce impact upon the community.
5. The use 'would be subject to site plan approval by the Planning Board
if the zoning is changed in accordance with Chapter 100 of the Southold Town
Code.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilwoman Hussie, seconded by Justice Edwards,
WHEREAS, Reynold & Herman Blum, by petition received January 25, 1993, applied
to the Town Board of the Town of Southold for a change of zone on certain property
located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue:
New York, from Residential Office "R-O" District to Business "B" District, said
property contains 5.683 acres, and is bounded and described as follows: Beginning
at a point on the southerly side of Main State Road, 5230 fee east of the corner
formed by.the intersection of the e.asterly side of Stillwater Avenue with the
southerly side of Main State Road and which point of beginning is also where the
easterly line of land of Elizabeth Homan intersects the southerly side of Main State
Road; thence along the southerly side of Main State Road, the following two courses -
and distance: (1) North 51 degrees 22 minutes 20 seconds East, 162.0 feet;
(2) North'49 degrees 31 minutes 00 seconds East, 565.23 feet to land of' Cichanowicz;
thence along land of Cichanowicz, the following course and distance; (1) S~)uth
40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to
land.of J. Homan, and I~nd of E. Homan, North 31 degrees 22 minutes 40 seconds
West, 337.20 feet to the point or place of beginning; and
WHEREAS, the Southold Town Planning Board and Suffolk County Department of
Planning have prepared official reports and recommendations of the aforesaid
petition; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday., May 4, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearinc, i on the petition of Reynold & Herman Blum for a change of zone, at which
time any person desiring to be heard should appear at the time and place above
so specified; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and
directed to cause notice of said hearing to be published in the official newspaper
pursuant to the requirements of law.'
29.-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: That ends the regularly scheduled portion of our meeting.
At this time, are there any members of the audience, that would like to speak?
ED SIEGMANN: I hav~ a couple of questions on a couple of resolutions, that you
just passed. At the beginning, when you asked if anyone has anything to say on
resolutions, until you hear it read you don't know what some of it- means.
SUPERVISOR HARRIS: Can you come forward? At this time, the public has an
opportunity to address the Board on any issue before we go into a public hearing
at 8:00 o'clock. The Board recognizes Ed Siegmann.
ED SIEGMANN: Is Elizabeth Field a private field?
SUPERVISOR HARRIS: No, it's owned by the Town of Southold.
ED SIFGMANN: On number 21, advertise for a part-time clerk typist for the
Recreation D~partment, a short time ago you were ~aying off in the Recreation
Department, because you didn't have enough work for people there. Why is there
a necessity now for a clerk typist in the Recreation Department?
COUNCILMAN LiZEWSKI: We had a part-time person in that, Ed, and what happened
was the part-time person was being shared with the Trustees, and the Trustees
have come to realize that with the hurricanes that we had, and the problems that
we had recently, the Trustees need a person who was being shared with the Recrea-
tion Department, they need that person full time.
ED SIEGMANN: in the Recreation Department?
COUNCILMAN LIZEWSKI: The Recreation sec~-etary was b'eing shared with the
Trustees, half and half. The T. rustees would like to take the Recreation person
full-time, so we're just taking the same position, that was there, was being 'used
all the time. We had a part-time person in the Recreation Department all the time,
and now.they want that person, because that person has learned more..they need
her in the Trustees Office full-time.' S~, the Trustees are actually, budgetary
wise for most of the part-time secretary, which is going to be replaced, because
they need that person full-time, and not part-time..
ED SI£GMANN: You had a full-time secretary up at the ...
COUNCILMAN LIZEWSKI: We had a part-time.
the Trustees and the Recreation Department.
One secreatry, we shared between
ED SIEGMANN: That happened after you made your changes at the Recreation
Department.
COUNCILMAN LIZEWSKI: Yes. A year ago, that happened.
ED SIEGMANN: When you made your change, she was up there then.
COUNCILMAN LIZEWSKI: Before I made the changes, a year ago.
435
APRIL 6, 1993
ED SIEGMANN.' You made a determination at that time, that didn't have enough
work up there.
COUNCILMAN LIZEWSKI.' For a full-time girl.
ED SIEGMANN: Now, you say that you have work up there for a full-time?
COUNCILMAN LIZEWSKI: No, this is still a part-time position. The part-time
position, that was there, is being moved to a full-time position with the Trustees.
We have nobody up there right now, so we're going back to a part-time position,
which we have.
SUPERVISOR HARRIS: Is there anybody else in the audience like to address
this Board on any matter before we go into public hearing at 8:00 o'clock?
KATHLEEN LATHAM: Kathleen Latham. I'd like to ask about the clerk-typist
for the Planning Board. I understand that the Planning Board's staff, had a
different recommendation for a clerk-typist. Is that true?
SUPERVISOR HARRIS: The Town Board makes th~ selection for clerk-typist,
any position in the Town, Mrs. Latham. In this case, the Town Board made a
decision on the individual, who they best felt could provide the service for the
Town of Southold.
KATHLEEN LATHAM: It seems to me, that the department, who wa's going to use
this person, would be best suited to have some imput into who should be choosen.
Is that not considered at all?
SUPERVISOR HARRIS:
process.
KATHLEEN I'ATHAM:
They did have input. They were there for the screening
But, they chose someone else. Is that right?
SUPERVISOR HARRIS: Well, their decision, and the Town BOard's decision..they
were there as a courtesy by the Board to help them ask questions in reference
to the applicants, that came before the Town Board.
KATHLEEN LATHAM: And I believe they determined, tha't someone else would
be better suited to the position, that was available.
SUPERVISOR HARRIS: T. hat determination is not in their purview, Mr.s. Latham.
KATHI~EEN LATHAM: It's just hard for me to understand, that..
SUPERVISOR HARRIS: The Town Board does the hiring of employees in thi.s town,
not any'department. No department, whether it's the Zoning Board, Planning
Board, .Building Department, Town Clerk's Office, regardless of where it is, the
Town Board-does the hiring, and does .the interviews in this town. They always .
have.
KA.THLEEN LATHAM: It's just hard for me to ur;derstand, that they wouldn't
take the advise 'of the people that were working, unless there was something wrong.
SUPERVISOR HARRIS: That's not the case at all. Yes? In the back?
JOHANNA NORTHAM: Johanna Northam. Calves Neck Road in Southold. Over the
past few months I've had an opportunity to go to the Town Board meetings, and
sit in on some of their work sessions. So, it was a disappointment to me, that there's
hesitanc~ in appointing Mr. Orlowski to the Planning Board. As a resident of
Southold to me the most important thing in selecting someone is integrity, experience,
and no self-interest. ! believe. Mr. Orlowski fits this description. I know there
are resumes out, and hopefully you'll reconsider, and when the time comes in
your' wisdom, you'll appoint Mr..Orlowski. Thank you. While I'm here, I have
.another issue, which I'd like to address. After the final decision o'f the ZBA
on the :McDonald issue, I' was in the Town' Hall that day. ~ was approached by
Scott Harris, and he said to me, quote, now we have to change the Town Code,
to make sure there will be no fast food resturants in the Town of Southold. I
think ha sensed that the people, that live hePe, don't want fast food restu~'ants. ~
I folloWed'up by coming to Town Board meetings, and.asked if there was a Code
change, Mr. Arnoff .raised some pape'rs, and said, he was working on it. As
you know, we have many different things, man;~ different issues, that we address,
and I was hopeful that this would be followed through. I just found out that
Burger King, and Dunkin Donuts will be filing applications, if we don't have
a Code change in place, we will have to go over exactly what we did with
McDonalds. I don't know how a Code is changed. I don't know if it can be an
emergency. I don't know if it has to be a referendum, where people will have
to vote, but I hope that 'you will con'sider that the people of Southold have spoken
about fast food resturants, and that you will quickly change the Code. Thank
you very much.
SUPERVISOR HARRIS: Thank you. Anybody else like to address the Board?
RONNIE WACKER: My name is ROnnie Wacker, and I'm representing only myself.
There's something that's been bothering me for sometime, and maybe it's been
bothering other people, too, and I'd like to clear it up with no prejudice towards
anyone on the Town Board, but I'd like to ask you, Joe, what applications you
have now before the Planning Board for zoning changes of your original application?
COUNCILMAN LIZEWSKI: Just a parking lot.
RONNIE WACKER: Just a parking lot? ~ thought there was some others.
COUNCILMAN LIZEWSKI: That"s the only one I know. I know I have a survey
of redoing the site plan for parking.
RONNIE WACKER: Well, even with that, I'm a little concerned that there might
be some people who would think that this would prejudice you in reviewing, or
interviewing any applicant to the Planning Board, and ~ would like to suggest
to you in order to avoid any appearance of impropriety, and apparantly this is
in State law most important that there be no preception of imp.ropriety, and i would
suggest to you,' that you abstain from interviews of prospective Planning Board
members, and discussions about them, and ultimately voting on them. I do think
that for the benefit of all of the Town, that this would he in the interest of the
Town.
SUPERVISOR HARRIS: Ronnie, I don't believe that the Councilman is in any position
to have to answer any questions in reference to his decisions, that he makes in
reference to.the people of Southold Town as an elected official. He certainly is
entitled to make decisions based on what he feels is fair, and equable to all the
.people, who he represents. Anything that he perceives to be a conflict, he has
refused himself, where he felt that was the need, especially if there's a problem
with ethics, and revolved in any applicat, ions, or whatever, that's come 'before.
That goes for this whole Board, so to single out any one individual, I~m afraid,
Ronnie, I don't understand the line of questioning, or why you're singling out at
a time you're supposed to be .asking individuals the problems that exist, and not
going into areas, that deal with personnel.
ASSISTANT TOWN ATTORNEY KIERNAN: My ] suggest, that Councilman Lizewski
just take the matter under advisemerit. ' We appreciate your concern, take the
matter under advisement, and the Town Attorney's Office..
RONNIE WACKER.' This is not an accusation. This is simply a suggestion, that
for the benefit of most of the people in town,among whom there are some, who
have wondered about the application, that you have before the Planning Board,
that this might place you in a positiop where it would occur to people, that it
would not advisable for you to be talking to the people, who will be coming, or
before whom you will be coming for approval. It seems to me to be fair, and
sensible, and all I'm asking is that you..
C:OUNCILMAN LIZEWSKI: At this time, I have no conflict with the Planning Board
in this. It's not something that has a controversy to it. It's a simple survey.
I don't think it has a bearing on this.
RONNIE WACKER: What I'm saying is, that there is the appearance of conflict,
and I think no Town official should be in a position, where there might seem to
be an impropriety. The~;e may not be one at all, but I just feel it's something
that should be cleared up.
COUNCILMAN LIZEWSKI: It probably should go for everybody on the Board then;
If anybody else has anything pending.with anything within the Town, they shouldn't
make any decisions then. Is that what. you're telling us?
APRIL 6, 1993
RONNIE WACKER.' They shouldnotbeapproving people who are coming before them.
You know, it's not everybody WOuld be concerned. No, but you would be in a
particular PositiOn, where it could be that you might use somebody, and it would
be perfectly human to use somebody who would be more friendly towards your
opinion.
SUPERVISOR HARRIS: Thank you for your concern in this matter. At this time,
I have to ask the Board to recess to go into public hearing. I need a motion.
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of
hOlding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
~oUncilman Wickham, CoUncilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:10 P.M.
SUPERVISOR HARRIS: Do you' want to take .Under consideration the comments
you just heard? The Board wants to move on this? It's the decisionof the Board '
to move ahead with the adoption of this Local Law, 'and talk about the additions
at a further date~ that have been brought to our attention. I need a motion and
a second.
30.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of' Southold on
the 23rd day of March, 1993, a proposed Local Law No. 4 - 1993 ~ntitled, "A Local
Law in Relation to Boats, Docks and Wharves"; and
WHEREAS, a public hearing was held with respect to this proposed Local Law on
the 6th day of April, 1993, at which 'time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the TOWn Board 'hereby enacts Local Law No. 4 - 1993, which
reads as follows:
LOCAL LAW NO. 4 - 1993
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. Chapt. er 32 (Boats, Docks and Wharves) of the Cod. e of the Town of . .Southold is hereby amended' as follows:
1. SectiOn 32-31 (Definitions) of the Code of the Town of Southold is
hereby amended by adding thereto the following:
PERSONAL WATERCRAFT- Shall 'mean a vessel whi&h uses an
.inboard motor powering a water iet pump as its primary source of
motive power and which is desi.qned to be operated by a persol~.
'sitting, stan.dlng, or kneeling ~n, or being to.wed behind the vessel
rathe~ than ~n the conventional manner of sittln~l or standin~l ins~d,.
.~he vessei~ . ·
SPECIALTY PROP-CRAFT - Shall mean a vessel which is powered
by' an. outbOard motor or a propeller driven motor and which ih
deSigned to be Operated by a person sitting, Standing or kneelin,j
On or bein~ towed behind the vessel rather: than in the conventional
manner of sitting or standing inside the vessel.
Section 32-36.2 (Operators) is hereby amended to read as follows:
'A, N° person Under the age of $i~t'eett {~6~) eighteen (18)
years shall operate a mechanically' propelled vessel unless:
The operator, who is under the age of sFx:tee~ {~6)
eighteen (18) years is accompanied therein by a person
who is sJ-x¢~ (~6~ eighteen (18) years of age or
older; or ' · '
APRIL 6:.,,. 1993
(2)
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 32-36.2AC2) 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 is the owner of a motorboat shall knowingly
authorize or permit the operation thereof unless:
(1) The operator is sh¢~ (~6~) eighteen (.18) years of
age or older;
(2)
The operator, who is under the age of si~¢~ (~6~)
eighteen (18) is accompanied therein by a person
s~;~cee~ (~6) eighteen (18) years or older; or
(3)
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.
D. 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.
E. All commercial jetski or commercial windsurfing 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.
Fe
All commercial jetski and windsurfer operators shall require
their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, il or III.
Small sailboats, commonly known as "windsurfers", are
prohi.bited 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,
ie
No person shall operate a personal watercraft or a
specialty prop-craft unless each person ridin9 on or towed
behind, such vessel is wearin9 an off-shore life iacket
(Type I, II, III or V) approved by the United States
· Coast Guard.
Be
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 arrest~jncj carburetor backfire.
APRIL 4 3 9
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
,E.
ventilatin9 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 bilger.
under the engine and fuel tanks open and exposed'to
natural atmosphere at all times such vessel need not be
.required to be fitted with such ventilators.
.Any.person operating a pei-sonal 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 aTter sunset to one-half hour before sunrise.
No person sh~ll operate a personal watercraft or a
specialty prop-craft within five hundred (500) feet of any
designated bathin9 area, except in 'bodies of water where
the opposing shoreline is less than five hundred (500)
feet from such designated area and in accordance with
speed regulations and restrictions as provide, d by local
law or ordinance but in no event at a speed in excess of
ten miles per hour, provided, however, that nothin9
contained in this subdivision shall be construed to
prohibit the launching of such vessel from designated
launching areas or sites.
Every personal watercraft and specialty prop-craft shall
at all times be operated in a reasonable and prudent
manher. Maneuvers which unreasonable or unnecessarily
-endanger life, limb, or property, including, but not
limited to, weavln9 through congested vessel traffic,
iumpincj 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 preparin9 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 designated by buoys number 3 and 5.
32-38.2 Scuba Diving (General Provisions)
A.
Scuba dlvln9 shall include any person who surface dives
to explore underwater, hunt, fish, or photograph, while
usin9 any self-contained underwater breathin9 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 operations of
boats or within one hundred fifty (150) feet of any public
bathing or swimming area except for duly llcensed
commercial shellfish harvesters who-shall comply with the
regulations of subdivision C below.
No person shall engage in scuba diving without displaying
the international diving flag or authorized skin divincj
flag of suitable size adequately displayed by a float,
buoy or boat at all times and without a person of suitable
age and discretion other than the skin diver, in a
position as lookout. Such person shall not permit such
diving-flag to remain in any area unless Such person is
actually scuba diving in the area at the time.
32-38.3 Spearfishing.
No person sJ~all discharge any apparatus designed for use in
spearfishing within two hundred (200) feet of any 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 swimming or within one hundred fifty
(150) feet of any person bathing or swimming.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion('s)
** Underscore represents additions(s)
30.-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: That ends the only public hearings, that we have of the
evening, and at this time I'll go back to .the audience. Are there any members
of the audience, that would like to address this Board on any other issue, that
has not been brought before us, at this time?
JOE RISTUCCIA: Good evening. My name is Joe Ristuccia. I'm here representing
TaxPac~ and I'd like to tie into some of the things, that were said earlier tonight,
because I do have some concerns regarding some of things i've been reading in
the paper, regarding the Planning Board, and I understand that there are resumes
out to replace one of the Planning Boar~d members, namely Benny Orlowski. As
such I'd like to maJ<e a few comments, if I may. I feel a tampering with planning
is going to have a negative impact on the direction that this town is going to be
taking. At a previous Town Board meeting earlier this year I stated that history
is repeating itself, and at the risk of myself repeating myself, I'd like to say
that eleven years ago in the Town of East Hampton, a Republican dominated Town
Board started a course of action, that effected that town, and it's politics, up
until today. - At the risk of; again,, repeating myself, I'd like to go into some
details, because th.ere'sa similarity of what's happening here in Southold. Without
going into the motivation for the reason why the Town Board did what they did
to do away W. ith Planners. They couldn't do that, and since the Planners were
Civil Service, and they could not fire them, what they did was eliminate the entire
department.. The reason they gave was one of economy move. Subsequently,
to that period, and happen to have owded a house in that town, and the locals,
and East Hampton are called barnikers, and they called it the reign of terror. This
lasted about eighteen months, or so, and at the next election the Democrats were
swept into office, and the Republicans have never been able to regain the original
promise. Unfortunately, new D'emocrats arrived, and they had Planners until
they came out Of their eyeballs. I observed as a practical matter,, that the town
is..I'm talking about now East Hampton, is way overmanned in the Department
of Planning, and they currently have, and I have their budget, thirteen people
on the payroll. Mind you, that's a smaller town than Southold. I believe they
have somewheres around 16,000, and we have almost 20,000. Because Planning
has become such an issue in that town, it's like a third rail. You touch it, you
die. I'm telling you this, because I experienced this reign of terror. I have to
state that there was uncontrolled development for awhile there, and until the Planni.ng
Department was reinstated, I saw congestion, and traffic, that would choke a horse.
As a matter of fact, there were many times when I took business trips to the east
end of Long Island, and I had to get up early in the morning, at seven o'clock
in the morning there was, and this is during the week, there were traffic lines,
APRIL 6, 1993
441
that would go for miles, and it was gridlock, not withstanding what happened
on weekends. As a result of that, I decided I didn't want to live down there,
and I came to the North Fork, and in effect, one of the reasons why I'm here
is because of that event. We must avoid this in 'Southold. A few months ago
there was move by the Town Board to fire Ms. Scopaz, and because there was
a public outcry, you fortunately reconsidered, and I thank you for that. But,
then you started..you demoted Ben Orlowski from Chairman, and now he's on
the Board, and now you're offering to 9et more resumes. I' think it would be
a grave mistake to depose him. I wouldn't want to see that kind of thing happen,
that happened down in the South Fork, happen here. I think we should 9° slow,
I think we should'plan this carefully. I think we need 9ood planning in this town.
We have to use prudent judgement. Flipflopping is not 9ood for the town, or
anyone. My personal observation is, that Orlowski has done a good job on the
job. He administers the Town Codes with feeling, and is trying to maintain the
traditions of this community. We in TaxPac, and I'm speaking for TaxPac, because
we've had discussions on this, are afraid to tinker with Planning, will lead to
uncontrolled and unwanted development, and that would lead to, and this is our
concern, more kids, more sc.hools, and I'd hate to tell you what school taxes are
like. I'm sure eyeryone knows. More crime, which means more Police. More garbage,
which means it would add to our problem with garbage. More use. of our coastal
waters, which would result in pollution. The list 9oes on and on. We in this
town have an opportunity to adhere to good plannin9. I think we ought to continue
with that. We don't want to degrade our lifestyle. We want to maintain our way
of life. Please,' don't make a mistake, that we'll all regret. Thank you.
SUPERVISOR HARRIS: Thank you. Is there anybody else?
DEBBIE SIDLAUSKAS: Debbie Sidlaskas. I have two 'things l'd like to say. First,
I'd like to-say I agree with most of what you said, but,gee, ! never considered
kids a first. But I do hope you will reconsider this stepping down, not the stepping
down, but the demoting of Benny Orlowski. I would like to read a letter to
Supervisor'Harris.. After reading your letter to the Editor on April 1st, regarding
the article on the proposedl Bu~'ger King, I felt impelled to respond. I stand by
what I said, and don't consider any of it to be false, deflamatory, and outrageous.
What I do find false,.and deflamatory, is'you depicting me as one seeking to
politicize, rather than become a helping, constructive member of our community.
Furthermore, I find nothing more outrageous than our main Corridors lined with
strip malls, and fast food franchises.' Ultimately, forcin9 our well-established
local businesses out of business. A case in point is downtown Riverhead area.
Following the McDonald conflict, you might have directed our Town Attbrneys to
investigate ways by which Other towns have escaped such development. That
would have been an indication of your c(~mmittment to preserving' our rural heritage.
Instead, you 'Chose.to do n0thin9. Were you hopin9 the issue wouldn't resurface?
'My interest, and boncern, i~s to preserve the unique, and~ delicate, character of
Southold Town, as said to be shared by many, and undes~rvin9 of your insultin9
and unprofessional attack.
SUPERVISOR HARRIS: -You're entitled to your opinion..
ANN LOWRY:' Ann Lowry, ~peaking for the North Fork Environmental Council.
First, we urge the .Town Board to keep Benny Orlowski on the Planning Board.
Second, please, do not make yet another obvious move to dilute, and destroy the
Planning Board, and ultimately the planning process in Southold. Over the past
several months, we, the people of Southold, have-been subjected to embarrassing
scene of our 'Town officials behaving in ways more appropriate to the playground
of a junior high school, than to the hallowed halls of government. The impetus
for name calling, attacks, innuendos, and the equavalent of Bronx cheers, has
come from the Board, with the target being the Planning Board. A few tales told
to a Councilman, or two, have been used as reason to take off on an orgy of
Planning Board fashion with no apparent effort to do anything constructive, like
working with the Planning Board. We can only conclude that there are agendas
being addressed, whicl~"have .nothing to do with good planning in Southold Town.
Benny is experienced. Benny is supported unaniously by his .own Board. Benny
wants't° keep doing his job; Benny is 9ood. Prove ~s ~rong in our est m~te
of your motives in ~his instance, and keel~ Ben.ny on the.Plannin9 Board; I d like
to speak :about one other issue, if I may? It's on the matter of the proposed
Dunkin D0unuts coming to MattitUck:. T'he NFEC urges tl~e Town Board, please,
to instruct their emp,.'loyee,-the Building Department, to be sure not to grant a
waiver Of,site Plan ~eview. The proposal for food t~ein9 sold, whether baked
there or not, would Seem to require some thought beyond the waiver of any
oversightedness'operations 'whatsoever. Where there'are d6ughnuts; there must
be coffee, and coffee has to be made with water. Where is the water comin9 from?
4 4 2 APRI'L
The ground? Unit tanks, which housed oil, and gasoline? Are they still there?
Is there oil still i.n the groun~l? Do you know the answers to these questions?
Should there not be some 9ood answers, or facts, evident before this store opens?
Where will people park? How many can park there at that time, at one time there?
There is no regulation of parking near the Magic Fountain, which is just a stone's
throw away to the East. Dunkin Dounuts parking will be in the same area. It's
very tiny. The corner of Factory Avenue there is a bad corner for traffic, as
it is. The traffic light, as I understand, has been requested by many residents
to be placed a few yards to the East in the front of the A & P. How much more
traffic is expected by the new addition? Are there any facts, or any surveys
done about that? There seems to be matters of public safety and health here,
which will not be. addressed with no'site plan review. Please, don't let that happen.
Thank you.
SUPERVISOR HARRIS: Thank you. Yes?
TOM LOWRY: MY name is Tom Lowry. I'm Ann's husband, but I didn't check
my speech with her. Yesterday I did some research. I waited at Tony's Automotive
Repair for my car to be inspected, and I waited in Tony's office. Tony's office
is Dunkin 'DonutS. Tony, when Dunkin Donuts comes in there will have to move,
because he won't be able to use' the toilet there. While I was wail~ing there for
a half an hour I.listened, I smelled, I spoke to a few people. Tony's office used
to be..his garage used to be Getty Oil. Right next door is Bergen Oil. That
is an area, that needs investigation. I smell something pretty foul in the office.
It's sitting on. top of perhaps where Dunkin Donuts coffee will come from, and
it doesn't make me happy. There's also the fact that, as Ann mentioned, it's
a busy corner with a lot of traffic. Let's just assume that Benny Orlowski is
absolutely incomp.etent to take care of what the Planning Board is supposed to
do. Let's. assume that all Benny Orlowski can do is drag his heels. That's assume
that Benny Orlowski can only slow down the process. That's enough of a reason
to keep Benny Orlowski on the Board.
SUPERVISOR HARRIS: Is there anybody else, that hasn't spoken, and would
like to address the Board before we go back to individuals, that have already?
ERIC TYRER: My .name'is Eric Tyrer. I'm from Southold. I'd just like to say
something about this Dunkin Donuts thing. 1 believe there's Dunkin Donuts right
down the street from here in 7-11 in a nice little box. Guess what? They're
not baked here. They're delivered here, and coffee comes in there, too. So,
you know, the whole idea is sort of to. be open-minded, and I believe some of
the people here are a little close-minded. I mean, you ask me if you protect our
local interest, and our local businesses, as a matter of fact I respect local businesses,
because some peopl.e I know happen to b~ local business owners, and I sure realize
that the traffic problem is pretty big in Mattituck, because I also work in Mattituck
at the A & P. I would just like to say, that the whole idea is be open-minded
to other people. . you can't just lock other people out from this town, saying, we
don't want you here. We should adapt to them, because first of all, that's the
whole idea of being alive is to adapt people, and adapt to learn to acheive a higher
place, and I believe if we stayed close-minded we'll just sink out, and we'll
disappear as-a town. I mea'n you talk about taxes, and higher taxes in schools.
I realize you sent all your kids, and you're done paying 'for that, you don't want
high taxes, but you don't, see a return moneywise. You see the return as more
children, or 'kids that are educated in this place go up, and you know, are
important. I can pretty well see that.
sUPERVISOR HARRIS: Mr. Tyrer, thank you for your participation. It's good
to see the future of Southold involved in local government. Is there anybody else
that hasn't spoken?
VIRGINI~ MOORE: Virginia Moore. Southold. The last time I attended a public
meeting here was the Valerie Sc0paz affair, and at that point there, were so many
people in the room they were standing outside, and for all I know they were out
on the front steps. It was definitely s. hown, that everybody who came to that
meeting, and they were representative of many, many, many people and voters
in Southold, who wanted the Planning function to go on the way it was, and the
way it more .or [ess is right now. I think if you intrude yourselves, for whatever
reason, on that pattern you are going to regret it. I think you're going to lose
out with things you want to have. About Dunkin Donuts, and all that, that is
a planning function, and it should have been taken care of before now, if we
want Southold .to look like every other dinky little town along the line. You can
drive into a million of them. We came yesterday, and last few days through Florida
Georgia, South Carolina, North Carolina, Virginia, Maryland, Delaware, and so
forth, and you see Dunkin Donuts, and you see Wendy's, and you see Denny's,
and you see a million of these little places, that have nothing special to offer,
except they are a chain, and a McDonalds, and I don't think Southold ought to
get into that. I don't think it should turn into that. I think it should stay
special, the way it is. You were ~talking about the heritage, our heritage in your
letter in the paper, but you went on to say, that we haven't done anything in
the way of planning, that would change our heritage. I think if you don't do
continue to do some planning, and do some good planning, it certainly will be
changed, and for the worse, and for the unrecognizable. Thank you.
SUPERVISOR HARRIS: Thank you.
TODD BERKS: Todd Berks from Ori.ent, and I'm representing myself. Having
just pruned a lot of dead wood out of my orchard, I have no objection to pruning
anywhere, but having pruned. I know the danger that can happen, when you prune
vital limbs, and I consider Benny Orlowski a vital limb in this Town government,
and I really object to the fact that he's being cut out, when apparently his only
wrong has been to dj'fret with this Town Board. I'm not worried about whether
it's going to delay Dunkin Donuts,. or McDonald's, or Burger King, or any of
these things, There's a bigger issue here, and that's that this same Town Board
that's so willing 'to invoke our founding fathers, seems to forget that our founding
fathers built a democracy on dissent, and when you cut out that 'dissent, you're
injuring our township, you're injuring our democracy. We see too much of this.
We're not a Baltic state. We're not a Banana Republic. We're a democracy, and
it doesn't hurt this Town Board to keep on people who dissent with them. Thank
you.
SUPERVISOR. HARRIS: Is there 'anybody else that hasn't spoken,' otherwise I'll
go to Mr. Siegma.nn.
ED SIEGMANN: I'm now talking for myself,' and for the Mattituck Seniors. We
had a closed discussion at our meetin9 the other day about this Benny Orlowski
business, and the vast majority of our members look at it in the light, what the
young lady just said, that got. up. and spoke before, so it saves me a lot of words.
I don't .want to repeat what she said~ but I agree 100% with what she said. There's
one other thing~l'd like to point out. Tl~ere's conception that this is being done,
because he differs .with 'you, and I think what Ronnie Wacker said before, there
is the same conception, that some people that are on the B~ard sometimes vote
on things, that have a particular reflection on themselves. You can eliminate
both of these problems in this one. Keep Benny Orlowski. Eliminate your
discuss'ions, that you're having with o~her people for the job, and if you do that,
· you won't have to make the decision on whether you should act or not, because
you'll keep Benny in there, and you won't have to answer to anyone.
SUPERVISOR HA.RI~IS: Anybody else, that hasn't spoken yet?
RONNIE WACKER: I just wanted to talk about something of which we all agree.
] think we all agree; and that is, that we all want to see Robins Island 'preserved,
and tomorrow there is a'meeting of the County' Legislature, a special meeting,
and one of the six topics will be Robins Island. Now; I do-think that this is
terrible important to all of us. I think there are a very few who feel that Robins
Island should be developed. If for no other reason than that, our taxes will go
up. There will be pollution of the bay. Lee Koppleman one time said ,./ears ago,
that certainly if there's development of Robins Island, there will be pollution of
Peconic Bay. There are all sorts of economical reasons, and then there are t.he
reason of education for young people, not just here in town, but throughout the
island. To go to a place, that is like the island used to be years ago before we
had all the shopping malls, and the K-Marts, and the King Kullens, and what
else. So, I hope that the Town Board, that you Scott will authorize some member
of the Town Board,' if you can't make it, to go down to-the County Legislature
tomorrow'. The time to speak will be between twelve and one, and I hope that
you'll present our feelings, the' feelings of the town, about Robins. Island to the
Legislature.. I would 'also like to invite everybody in the audience to go down.
It's in Happauge.
SUPERVISOR HARRIS: Any member of t. his Board is free to go to any of those
meetings at any.timb., Ronnie, and certainly express their- opinions. I have a
meeting all day tomorrow, the Management Committe of the Peconic Bay Estuary.
RONNIE WACKER: I had heard you had a meeting, but 'shouldn't you authorize
to appear for the Town, on behalf of the Town?
SUPERVISOR HARRIS: Ronnie, as far as I know, and my understanding today
on that, is that there's nothing that is cast in stone at this point, and whatever
the County decrees is the Countyfs problem, and that certainly is not the Town's
problem,t because the Town is not going to held hostage by any decision, that
any County Legislature makes in reference to settling litigation, that it happens
to be in. This Town is sole, and separate. Home Rule will be maintained. We're
going to stand up for our rights out here as a Township,and we're going to go
through the process from ground zero, as it should be, and nobody's going to
dictate to the Town what can happen to Robins Island, I can tell you.
RONNIE WACKER: I understand that. I just felt that perhaps we could state
our views early on, so that there might be a little more hesitancy on the part
of the Legislators to vote for:it. There's one question I have, and that is, how
is it that the County is able to go into negotiations. I thought that County had
won their case. They now have the question of simply agreeing to purchase or
not agreeihg to purchase. ~ don't see how they can go into negotiations. Now,
I'm no lawyer.
SUPERVISOR ..HARRIS: I don't have the ar~swer to that question. That's something-
you'll have to ask the County A'ttorney's Office, or someone in the County Legislator's
Attorney's Office on how that direction is taken.
RONNIE WACKER: I~ve just been puzzling about it', and wondering how they can
take it all away from there.
SUPERVISOR'HARRIS: Thank you, Ronnie.' Is there anybody else at this time,
before we have a.motion to adjourn? Yes?
KATHLEEN LATHAM: Really we all want the same thing. We all want the best
for Southold Town, and I don't I~nSw if it's too late to start again, but maybe
it's never too late. Maybe any moment is the moment to start again. I just want
to say that I think Benny Orlo'wski is experienced, he's put a lot of himself into
this work. He is a good experienced man. I think it would be best for all of
us, for the Planning Board, for the Town Board, and for the town, really for
all of us. Janet Remo, the new Attorney General, said today to her staff, do
the right thing. Don't do it political. Just do the right thing. Now, I'm asking
make a new start to do the right thing.
SUPERVISOR HARRIS: Thank you: If there's no other speakers at this time..
JANE GOHOREL: Jan Gohorel from East Marion. I can't say it any better than
Mrs. Latham: I ha.ve a letter here, which ] won't read, because it's mostly a mix-up
-of what you've' h~ard already. I just want to say that I strongly support Benny
Orlowski reappointment with the Planning Board.
ED SCHWINDT: Ed Schwindt. Southold. I would like to support Benny as well.
It's hard to talk with any these people'l've said. I think this lady in the front
here summed up. I think the Board is going to feel this effect later on, if you
do dump him; because the ~oard has got a rep.utation of .just dunping anybody,
that they don't like, and I think as November~c~0tes. along, the Board is going
to know, and I would say 'they shoul.d give this very serious consideration. I just
wanted to ask another question off the subject. Scott, I spoke to you about two
years ago about a plaque or the To~zn emblem there, has anything ever been done
about that?
SUPERVISOR HARRIS: Jim Homan has yet to come forward with the information,
that I had asked him to provide.
ED SCHW"INDT: That was two y.ears ago.
SUPERVISOR HARRIS:' That's right. He's a very shy man, Mr. Schwindt, very
shy.
ED SCH¥~INDT: You told me it was settldd. For' the people, that don't know
what I'm talking .about, I came to this hall maybe four or' five years ago~ and
I was so impressed with this beautiful e~blem we have he~'e. Some of you are
turning around. You don't maybe know what I'm talking about? Joe? This was
donated to us by the Town of Southwold in England.
APRIl_ 6, 1993 4 4 5
SUPERVISOR HARRIS: No, it wasn't. This was donated to the Town by an
individual.
ED SCHWINDT: But it was made in Southwold, England, was it not? Handcarved
in the town of Southwold, and ! felt. that, you know, time is going to come, when
people will look at this, and they will wonder about it, as I did, four or five years
ago, and i thought it would be a good idea to have an emblem on there just
showing were it came from. If this man wants to remain anonymous, that's fine,
but there should be a plaque saying that it was hand-carved, and it came from
the town of Southwold, England. One more little thing, I happen to notice down
at the end of Pine Neck Road today, that, I don't know what it's called, hut that
island that is right out in front of those homes, there's loads and loads of sand
piled up there. Could. you tell me what's going on there?
SUPERVISOR HARRIS: I'm not familar where this is, Ed.
COUNCILMAN PENNY: It's a private dredging project.
ED SCHWINDT: Is that island owned by private people?
COUNCILMAN PENNY: I have no idea who owns the island. I have no idea who
is doing the project. I understand that the property owners in that area got
together, put the funds up, and got the permits.
ED SCHWINDT: There's signs all over. It's a bird sanctuary. You're not even
allowed to walk On it. I look .down there, and now they've got sand piled fifteen,
twent~ feet high, and I just wonder'ed about that. Thank you.
SUPERVISOR HARRIS: If there's no other individuals, that would like to speak
at this time, I'll entertain a motion to adjourn.
COUNCILMAN PENNY: I just want to say something before we vote.
SUPERVISOR HARRIS: Sure.
COUNCILMAN WICKHAM: I, also, want to say something.
COUNCILMAN PENNY': Excuse me, I~efore we recess here, a couple of things
came up tonight, one regarding fast food. Ou~ Town Attorney spent some time
going through various Codes, as to how to address fast food. We have a definition
in our Town Code, which I would like to read to you. Restaurant, drive-in, or
fast food, any establishment, who's principal business is the sale of foods, frozen
desserts, or beverages to the customer in a ready to consume state, usually served
in paper, plastice, or other diposable containers, for consumption.within the
restaurant building, elsewhere on the premises, or for carry~out consumption off
the premises. We looked at this Town Code over, and over again, and I was very
concerned when this type of talk came up, a'nd people said, well, just changed
the Town Code. I'd like you to consider how many' businesses already-existing
in Southold Town fall within this definition, and I think you,ll find that there's
probably fifty. Now, if that's a problem, somebody is going to have to come up.
with an idea on how to address it. We can't address the' ownership of a business.
That is prohibited by law. We can not do that. If somebody has a Code somewhere,
that they cwould like to offer to this Town Board for consideration, please, do
it. Drop it here at the Town Hall. I will be very happy to review it, and .go
over it, and talk about it with the Town Attorneys. I don't know that this is
the right move, or if it's not the right move, but at least then we could have
a public hearing on it, and let the educated public, then' make that decision, but
I would like to .see how it is technically possible, given the Codes that I have
seen in other towns, and the Codes, that we have seen here, how we're going
to prevent things from happening in this town without putting al/ of the businesses,
that are already operating in that fashion, and think about it, and I can come
up with a list probably of forty, or fifty, without too much trouble, and how to
keep them out of jeopardy. The second thing, that I heard tonight, and I believe
it was Mrs. Ruskus was strip malls. Let's get rid of strip malls, t came up with
that recommendation back in January, or February. it was .referred to the US/UK
Study Committee. I've heard nothing back from them yet on that. I don't know
that they're addressing it. I don't know that they are, or are not addressing
it, but that was something that I felt we could have moved on immediately. There
is a lull in the economy. '"The time is right. We have n9 applications for strip ·
malls in front of us, and we have vacant parcels of property, zoned, for them.
If in fact, the Town would like to get rid of strip malls, let's do it now.. If the
US/UK Committee decides,, that they want them back in, which I don't believe
is ever going to happen, let them come, and say so, but, I would like to get a
release from the US/UK Stewardship 'group to go ahead, and take the strip mails
right out of here, because nobody likes them. If nobody likes them, wh~, allow
them to continue? But, out of respect for that committee, I let that rest. Also,
when we put together our public questionaire, we submitted questions back in..
some of us did at the Town Board level anyway, I know I did, submitted four,
or five question, regarding just these things. To go out to the general public,
so we can get a total public consensus, when we go out in the USfUK Study.
Do people want any fast restaurants, or don't they? There's a young fellow over
there, who is very brave. He's here from Greenport School. As a matter of
fact, the two of them, he and his buddy were here from' the Greenport School.
They're in a government program, and he stood up, and he said, you know, what's
going here? Well, there are people out there. There are senior citiZens out here,
that have said to me over the course of the last year, isn't it terrible what happened
to McDonald's? I said, what do you mean? They said, why is that driven out
of town? Let's let the US/UK Committee take this consensus. I offered that
question. I hope it's going to be in the survey, and I think that we should
insist, that it is in this townwide survey. Get a total consensus of what this
town wants, and if they want them otu, we'll get them out. If they want them
allowed under limited conditions, fine. But let's address this, and address the
total town at the whole time. I think we will all be very interested in finding
what the results are, because nobody knows. Let's have the opportunity. It's
in the Stewardship Task Force grotzp. They have the charge right now to do
· a townwide. Hopefully these questions will appear. If you want strip malls out,
drop me a note. I'll start working on strip malls tomorrow. Thank you.
SUPERVISOR HARRIS: Thank you, George. Tom?
COUNCILMAN WICKHAM.' After an evening of quite a few criticism, and difficulty,
I'd just like to end on a rather bright note. One of the things, that has worked
in Town government was today, and there was no resolution. There was nothing
on tonight. There was no even final decision on it, but in my view, it was goven-
ment working where we basically had a consensus, the Board did, and it was an
unananimous consensus as to how we would proceed in engaging consultants for
the Stewardship Task Force group. A couple of weeks ago that question was
raised, and after some discussion it~was agreed, that we would get an opinion
from the Stewardship Task Force itself, which would obviously make use of these
consultants. We got a very thoughtful response from them, and a very thorough
discussion in a written form. Today we took that into account, and we are going
forward. As I say, there's some things, to follow up on it, but to me it's the _
way government should work. We go out. We got a response from the concerned
government agency. We acted basically positively towards it, and we're going
forward with it.
SUPERVISOR HARRIS: is there anyone else, who would like to speak at this
time? (No response.)
Moved by Justice Edwards, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board meeting be and is adjourned at 8:55 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 Clerk