HomeMy WebLinkAboutTB-05/04/199375
SOUTHOLD TOWN BOARD
MAY 4, 1993
WORK SESSION
Present: Supervisor Scott L. Harris (absent after 11:45 A.M.), Justice Raymond
W. Edwards, Councilman George L. Penny IV, Councilman Thomas H. Wickham,
Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Attorney Harvey
A. Arnoff, Assistant Town Attorney Matthew G. Kiernan (10:50 A.M.), Town Clerk
Judith T. Terry.
9:40 A.M. Mary Ann Fleischman, Chairperson of the Southold Town Youth Board,
met with the Town Board to update them on the activities of the Youth Board which
includes a school-year-end youth party, and a cocktail-less party and raffle to be
held on October 23rd, proposed as a major fund raiser. Ms. Fleischman then dis-
cussed the purpose of the Youth Bureau which was recently created. She said the
goal of every Youth Bureau is to promote the physical, emotional and social well-
being of youth and families; outlined prevention programs and early intervention
and treatment programs. Ms. Fleischman submitted an Organizational Chart she
prepared and this caused considerable discussion regarding the interaction between
the Town Board, Youth Board, Youth Council, and Youth Bureau, and the chart
was revised to show the Town Board and Youth Bureau professional staff working
directly with each other. Lastly there was discussion concerning NYS legislation
to grant the Town of Southold an exemption for lacking 164 in population to reach
the 20,000 required for grant funding as a Youth Board. Town Attorney Arnoff
will draft a resolution requesting an exemption from the NYS Division for Youth (see
resolution no. 28).
10:20 A.M. - Anna M. Audioun, Victim Services Coordinator for the Office of the
Suffolk County District Attorney, met with the Town Board to to explain their
recently instituted program for witness protection for family violence victims. This
.program is being offered to the five East End towns, and provides for the
installation of safety devices within the homes of such victims. They have a
contract with a security company who will install the safety devices, and is paid
through a grant secured by Ms. Audioun. The only request from the District
Attorney's Office is Town Board approval for the police to respond. The Town
Board gave their complete support to the program.
10:30 A.M. Richard Hilar¥, Chairman of the Stewardship Task Force, and Thomas
Samuels, Chairman of the Task Force Subcommittee on Economic Development and
Tourism, met with the Town Board to present a draft recommendation for allowable
winery uses. The .draft recommends amending the Zoning Code to allow additional
uses to take place at wineries; permit wineries to host for-profit events and festivals
in scale with the size of their facilities; allow wineries to profit by serving prepared
food to enhance the experience of tasting wine. Full meals should be allowed only
on an "event" basis, to prevent wineries from becoming restaurants as-of-right;
'wineries should be allowed to sell items accessory to the making, serving and storing
of wine, and objects of art. The Town should develop a list of appropriate
items. Councilman Wickham suggested that the Planning and Zoning Committee
continue discussion among the various boards of the Town, and such input might
be productive and of value to the Task Force. Councilman Penny said he would like
to wait for the final report from the T.F. Economic Development C'ommittee, however,
Mr. Samuels said he would welcome involvement from other departments, ..e. the
Planning Board, Agricultural Advisory ~ommittee, even the local wineries.
Councilman Lizewski said that after a study it may not be a zone change, but will
6 MAY 4, 1993
be a permit process, therefore, would like to see it go to all other departments for
input. Supervisor Harris and Councilman Penny also agreed it should be forwarded
to the various agencies for comments, and Councilman Wickham and the Planning and
Zoning Committee will sit down with the Town agencies, and Mr. Hilary and the
Task Force will solicit comments from outside agencies.---Councilwoman Hussie asked
Mr. Hilary if the corporate body of the Task Force has given the Scenic Roads
proposal their blessing. Mr. Hilary said, yes, and knows this is piecemeal, but on
· the basis of the fact that they must apply for grant money, it is important to begin
the process. Councilman Penny said the criteria requires public input for Public
support.---Mr. Hilary advised that they are about to begin work on the proposed
questionnaire, and Councilman Wickham asked how much it will cost, including the
consultant's time. He would like to see assistance from volunteers to keep the cost
down.
11:15 A.M. - Peter Ficini and James McMahon, Director of Program Evaluation, met
with the Town Board. Mr. Ficini stated that he sought assistance from the North
Fork Housing Alliance, under the Southold Town Rehabilitation Program, to have
a new roof put on his home at Terry Lane, Southold. (Councilman Penny excused
himself from the discussion as Mr. Ficini has made purchases from Penny Lumber.)
Mr. Ficini's application was rejected as his financial assets exceed $50,000. He feels
he'. is being unfairly treated, as his assets are in a savings account, and if he
withdraws money to repair his roof, that will reduce his interest income. Mr.
McMahon explained the purpose of the rehabilitation program, and the majority of
the people assisted were living strictly on Social Security with no money in the
bank. The Board advised Mr. Ficini they would take his request unaer advisement
and make a decision in the near future.
'11:55 A.M. For Discussion Items: (1) Authorize the release of the Letter of
Credit placed with the Town to protect the NYS Affordable Housing CorporatiOn in
the event of a foreclosure of the Southold Villas Affordable Housing Proiect (see
resolution no. 18). (2), (3), (4), (5) all pertain to appointment of personnel and
therefore held for Executive Session (3:30 P.M.) (6) Travel expenses incurred by
Victor Lessard due to Zahra~trial. Board agreed to pay for lunches, subject to
verification. (7) Receipt of bills from AT&T for two. dedicated lines from Flashers
Island Utility t6.Vital Link (equivalent to E911 service) and a request that theTown
pay the $1,300 monthly charge. Justice Edwards asked that this be held, and h~ will
have further information fro~ Tom Doherty, President of the Fishers Island Utility
Company, for the May 20th meeting. (8) Request permission for Town Attorneys
to attend a Public Sector Labor Relations seminar (see resolution no. 19). (9)
Request permission for Town Attorneys to attend a Tort and Land Use Actions
seminar (see resolution no. 20). (10) Proposed "Local Law in Relation to
Excavations" (see resolutions 21 & 22); proposed "Local Law in Relation to Special
Exception Uses" (see resolution no. 23); proposed "Local Law in Relation to Building
Setbacks Adjacent to Water Bodies and Wetlands" (see resolutions 24 & 25). With
respect to the aforesaid proposed Local Laws, Councilman Wickham said he would
like to see something in writing providing for legislative intent. (11) Appointment
of seasonal mosquito control employees for Fishers Island (see resolution no~-26). (12)
Councilwoman Hussie asked the Board to set a date to bring the Scenic Roads
Program before the public. Councilman Penny said Richard Hilary has agreed his
group will spearhead this, so they should ask him what date will be agreeable for
the Task Force. He said he will have the Supervisor contact Mr. Hilary and make
him aware of the Town Board's intentions for him to proceed.
12:50 P.M. Recess for lunch.
2:35 P.M. - Work Session reconvened. ~3oard continued For Discussion Items: (13)
Councilwoman Hussie would like the Town Attorney's office to research anew how
to "zone out" fast food restaurants. She has researched extensively across the
country, but is unable to come up with a solution. Councilman Penny said he would
like to have this question on the Stewardship Task Force poll and find out hoW the
general public really feels about fast food restaurants. Councilman Wickham said
that at the last meeting it was agreed that the Planning and Zoning Committee would
look at available sites. The Board- was polled and there were not enough votes for
the Planning and Zoning Committee look at the question, but there were five votes
to put the question on the questionnaire. (14) Proposed resolution for two ~onth
.amnesty period for certain temporary signs as suggested by Councilman Penny~ (see
resolution no. 27). Councilman Wickham said he objected strenuously to the whole
procedure. The ad placed in the newspapers by Councilman Penny was not consistent
with what the Board agreed on two weeks ago-there was no agreement on an amnesty
period. Councilman Penny there there was a two and one-half hou~r meeting on the
sign question last week, and as a result amnesty .was suggested. He polled the
Board and four members agreed, and that is why it was in the newspaper ad. (15)
77¸
MAY 4, 1993
Resolution prepared by Town Attorney Arnoff requesting the New York State
Division for Youth 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 theTown to be eligible for State aid (see resolution no. 28).
3:25 P.M. - Board reviewed
Meeting-.
resolutions to be voted on at the 7:30 P.M. R~gular
EXECUTIVE SESSION
3:30 P.M. - On motion of Councilwoman Hussie, seconded by Justice Edwards, it
was Resolved that the Town Board enter into Executive Session. Vote of the Town
Board: Ayes: Justice Edwards, Councilman Penny, Councilman Wickham, Councilman
Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Assistant
Town Attorney Kiernan, Town Clerk Terry.---The Board discussed personnel
(resolutions 29, 30 and 31 were placed-on the agenda), litigation, and certiorari
proceedings (resolutions 32 and 33 were placed on the agenda).
4:25 P.M. - Work Session adjourned.
REGULAR MEETING
A Recjular Meetincg of the Southold Town Board was held on Tuesday, May
4, 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:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
'Town Attorney Harvey A. Arnoff
Councilman Joseph J. Lizewski
SUPERVISOR HARRIS: I need a motion to approve the audit of the bills of May
4, 1993.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the followin9 bills be and hereby ordered paid: General Fund
Whole Town bills in the amount of $242,918.73; General Fund Part Town bills in
the amount of $33,152.40; Nutrition Fund bills in the amount of $3,887.39; SNAP
Program bills in the amount of $1,469.72; Highway Fund Whole Town bills in the
amount of $10,294.87; Highway Fund Part Town bills in the amount Qf $12,747.69;
Ag Land Development Rights bills in the amount of $289,705.40; Human Resources
Center bills in the amount of $1,749.35; Employee Health Benefit Plan bills in the
amount of $59,738.07; Fishers Island Ferry District bills in the amount of
$41,768.42; Southold Wastewater District bills in the amount of $78.00; Southold
Agency & Trust bills in the amount of $7,401.88; Fishers Island Ferry District
Agency & Trust bills in the amount of $318.41.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8 MAY 4, 1993
SUPERVISOR HARRIS: We need a motion to approve the minutes from April 20,
1993, regularly scheduled Southold Town Board meeting.
Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the April 20, 1993, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was deClared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion to set May 20, 1993, 4:00 P.M., the next
regular Town Board meeting.
Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the next recjular meetinc~ of the Southold Town Board will be at
4:00 P.M., Thursday, May 20, 1993, at the'Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: You might note that, that is a Thursday for our 'television
gentlemen. It's a Thursday.
SUPERVISOR HARRIS: At this time, I'd like 'to recognize the chiropractors, that
are in the audience, and would have them, please, come forward. We are doing
a proclamation in recognition of t'his month, May, 1993, as National Posture,Month
in the Town of Southold. You have to stand up straight. In recognition of all
the great work, that you do in our Township, and of course th. roughout the
United States. I'd like to read it for you at this time.
Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, p~rfect posture makes it possible to accomplish our work with more
energy, efficiency and productivity, and less stress and fatigue; and
WHEREAS, perfect posture adds to our appearance, feeling of well-being and self
image; and
WHEREAS, people with pain and discomfort may frequently trace these conditions
to years of inattention to correct posture and lifestyle habits; and
WHEREAS, with poor posture the body's bone structure may adapt to the abnormal
and, over time abnormal posture may become "normal" posture; and
WHEREAS, if started in childhood, correct posture practices can help reduce some
of the common health problems that often appear later in life; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby proclaims the
month of MAY 1993 as NATIONAL PERFECT POSTURE MONTH in the Town of
Southold and urge that this month be dedicated to the efforts of Doctors of
Chiropractic .in helping educate all citizens of the importance to correct posture
-in their work and leisure time. DATED: May 4, 1993.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: On behalf of the Town Board, and the Town of Southold,
and it's people, I congralulate you today. Keep up the great work for those who
need you. Hopefully some of us won't need you, but we certainly have to pay
attention to our posture. So, I'il present that to you. Somebody can certainly
take it, and if extra copies, are needed, I'll be glad to have one for each of your
offices, when we get around to making duplicates. Congratulations. I don't know
if you want to say anything to the audience.
JIM HINSCH: I've been doing a brief presentation to the schools in my area
of Laurel, and Cutchogue for the benefit of good posture. I would just recommend
that everybody that I told second, third, and fourth graders today, you're to sit
all the way back in your chair with your feet. flat on the floor. The feet should
be level with the floor. That's the ideal.
Present to receive proclamation, Dr. James A. Hinsch, Dr. Lisa B. Cowley, Dr.
David E. Robinson.
78B
SUPERVISOR HARRIS: Moving right along, and everyone sitting up straight now,
and conscience of the their posture. We have one public hearing tonight at 8:00
o'clock sharp.
I. REPORTS.
April,
2.
3.
4.
5.
April,
6.
Southold Town Developmentally Disabled Recreation Program Report for
1993.
SouthoId Town Building Department Monthly Report for April, 1993.
Town Clerk's Monthly Report for April, 1993.
Southold Town Community Development Monthly Report for April, 1993.
Southold Town Scavenger Waste Treatment Facility Monthly Report for
1993.
Councilmen's Report.
7. Supervisor's Report.
II. PUBLIC NOTICES.
1. Department of Environmental Conservation, Public Notice of reviewing
appplication of Mr. Gerald Crocket to obtain an off-bottom culture of shellfish
permit, including a temporary marine area use assignment.
2. Corp of Army Enqineers, New York District, application of Gregory P.
Olsen, S'r to place wire-mesh cages on New York State owned underwater land
Iocatea at Hog Neck' Bay, Little Peconic Bay, Town of Southold.
3. Corp of Army Engineers, New York District, application of Cleaves Point
Village to modify an existing pier assembly, install pilings and wave curtains in
~ers Bay, East Marion, Southold.
4. Corp of Army Engineers, New York District, application of Plock Shell-
fisher Preserve to maintenance dredge with attendant backfill, construct bulkheads,
remove and resurface existing piers in Shelter Island Sound, Southold,
5. .Corp of Army Engineers, New York District, application of the Village
of Greenport to install 28 pilings along both side of Greenport's Railroad dock to
protect the dock from the fishing vessels upon docking. Project located in
Greenport Harbor, Town of Southold, Suffolk County, New York.
III. COMMUNICATIONS. None.
IV PUBLIC HEARING
1. 8:00 P;M. on the proposal of Reynold & Herman Blum to amend the
Zoning Code (including the Zoning Map~ of the Town of Southold, New York.
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we go into resolutions of the evening, are there
any members of the audience, that would like to address us on any resolutions,
that we'll be acting upon in the next few minutes?
ANN LOWRY: Ann Lowry. Very briefly I think I want to address 27, the
amnesty resolution. This resolution seems to me to be an invitation not to obey
the law, but to break the law, and it's not only an invitation to do it, it tells
people how to do it. Thank you.
SUPERVISOR HARRIS: Is there anybody else, that would like to address this
13oard?
SANDY GRZYBOWSKI: I'm Sandy Grzybowski of Andres Cafe. As far as the signs
go, I'm for it all the way. I've tested it. I've tried it. I had a sign outside
in front of my business for the last six months. It's pulled in new faces. 'It's helped
pay the ren~,' and the bills, and I really feel as though if it's done tastefully there
shouldn't be a problem with it. As far as putting out a neon sign, or the big
ones that are light up with the big black letters, that is a little raunchy, but if
we could establish someone who could make up certain sets of rules, as to how
the signs should look, how they could worded. I think it's a great help. If it
wasn't any help at ali, you wouldn't see as many signs as you do today. Thank
you.
SUPERVISOR HARRIS: Is there anybody else, that would like speak on any
resolution, that we'll be acting upon? (No response.) Judge Edwards, could you
lead us off this evening?
1.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj 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 $ 69.00
Appropriations:
B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 69.00
JUSTICE EDWARDS: Before I pass this on, ~ want to say that I did sit in on
a meeting over on Fishers Island, where Detective Wilson came over, and they are
doing a wonderful iob. It was my first attempt to sit in on the drug program, that
she ran on the island. I was very surprised at the intelligent questions, that
these children, and these are all pre-high school, and early high school students,
but the intelligent questions, that they came up with for Detective Wilson. It was
very, very enjoyable, and I commend the Town for this program.
SUPERVISOR HARRIS: Delivered as promised to the Island.
1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I would also like to note, that this program is invaluable,
and we're very fortunate to have two good instructors, Detective Wilson, and Henry
Santacroce, who have been involved and dedicated to this program for some time.
The children of the town, and those future generations will definitely benefit by
that educational process, and it's very easy to learn to say one thing, no to drugs
and abuse, ~and that'swhat this program is all about. Regardless of where you are,
this program, in my opinion, will serve generations to come. So, we're very
fortunate to have that in this Township.
2.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Griswold-Terr¥-Glover Post No. 803, American Lecjion, to use Boisseau Avenue
and Hobart Avenue, Southold, as staging areas for the Memoria! Day Parade to
be held at 10:00 A.M., on Monday, May 31,1993, provided they file with the Town
Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of
Southol'd as an additional insured.
2.-Vote of the Town Board:' Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, seconded by Supervisor Harris, it' is
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure of Love Lane and Pike Street, east and west of Love Lane, Mattituck, from
8:00 A.M; to 4:30 P.M., Saturday, July 10, 1993, to permit the Mattituck Chamber
of Commerce to hold their 16th Annual Mattituck Street Fair, provided they file
with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming
the 'l~own of $outhold as an additional ir~sured.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by CouncilWoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of the $500.00 application fee of DBM .Co., submitted at the time of filing
their petition for a change of Zone from Residential (R-80) District to AHD (Afford-
able.Housing) District on certain property west of Main Bayview Road, Southold;
said application is not being pursUed and the refund is made upon request of
Richard Israel, partner of DBM Co.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris. Abstain: Councilman Penny.
This resolution was declared duly ADOPTED..
0 MAY 4, 1993
SUPERVISOR HARRIS: I was remiss in mentioning, that Councilman Lizewski is
not here tonight. He has obligations with his Fire Department, and HAZMAT training,
which is required now by OSHA, and he is unable to get to this meeting because
it's a series of meetings, one night after the other, that are mandated on all fire
departments in the State of New York, so he is not here, and he sends his
apoligizes.
5.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Com-
missioner of Public Works Raymond L. Jacobs to install a street light on LILCO
Pole #36 located just south of County Road 48 on Bridge Lane, Cutchogue, New
York.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants Mary
Louise Santacroce, Legal Secretary for the Office of the Town Attorney, a s.x (6)
month maternity leave-of-absence, effective May 7, 1993 and ending November 8,
1993.
6.-Vote of the Town Board: Ayes: Councilwom~n Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph
E. Doherty as a part-time Gate Guard at the Southold Town Landfill, effective
immediately, at a salary of $6.25 per hour.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Co~ncilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Board of Appeals Chairman Goehrincjer, members Dinizio and Doyen, and
Secretary Linda Kowalski, to attend a Board of Appeals Workship on May 21 and
22, 1993, at the Radisson Hotel Islandia, Hauppauge, New York, and the reserva-
tion fee of $59.00 per person, and necessary expenses for travel and meals shall
be a legal charge to the Board of Appeals' 1993 Budget.
8.-Vote of the Town ~3oard: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Sound Shore Excavating Corp., East Marion, N.Y. for supplying 5,000 yards
(more or less as may be needed) of Screened Sand for Ice Control and Highway
Maintenance, at the bid price of $5.94 a yard, all in accordance with the recommen-
dation of Superintendent of Highways Jacobs.
'9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Chemung Supply Corporation, Elmira, N.Y. for supplying the Superintend~ent
of Highways with 10,000 linear feet of Snow Fence (more or less as may be needed)
at a bid price of $46.49 per 100 ft. roll, and 500 - 6 foot studded steel "T" Posts
(more or less as may be needed) at the bid price of $2..17 each; all in accordance
with the recommendation of Superintendent of Highways Jacobs.
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED;
11.-Moved by Councilwoman Hussie, 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 agreement between the Family
Service League, Inc. and the Town of Southold, whereby the Family Service
League, Inc. will provide individual and crisis intervention counseling plus
alcohol and substance abuse prevention/education services to the Southold Town
Youth Services Program, at a sum not to exceed $32,988.00, for the term of
January I, 1993 through December 31, 1993; all in accordance with the approval
of the Town Attorney.
11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards r Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Account Clerk Barbara Rudder to attend CSEA Employee Benefit Fund Package
7 Advisory Committee dinner meeting on Thursday, May 6, 1993, at 5:00 P.M.,
at the Holiday Inn at MacArthur Airport, Ronkonkomar and the necessary expense
for meal and travel, using a Town verhicler shall be a legal expenses against the
Accounting & Finance Department's 1993 Budget.
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickhamw
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Movect by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$50,300.00 Letter of Credit submitted by Peconic Properties Management Corporation,
for the Southold Villas Affordable Housing Project, which amount includes certain
uncompleted items in Phase I at a total of $15,350.00t and items in Phase 2 in the
amount of $34~950.00, all in accordance with the Town Board's resolution adopted
on March 9, 1993 approving this reduced performance bond; and be it
FURTHER RESOLVED that the Town Board hereby releases the $358r000.00 Letter
of Credit of Peconic Properties Management Corporation for Southold Villas
Affordable Housing Project which is replaced by the $50f300.00 Letter of Credit.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Justice Edwards, seconded by Councilman Wickhamr it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1993 budc~et modification for the Fishers Island Ferry District to provide
for legal fees relating to the New London terminal and proposed Connecticut
.ferryage tax:
To-
SM.1420.4 Attorney, Contractual Expenses $ 7,500.00
From:
SM.5709.2 Dock Repairs $ 7,500.00
JUSTICE EDWARDS: Before I offer this, I'd like to put out to the people of
Southold, that the Fishers Island Ferry District owns a small parcel of property
over on the New London side, which they've had for a long time. They're in the
process now of going through, and enlarging their facilities, and making them more
up to date on the New London side, which will include a new shed, better parking,
and better access to the area. It's come to the point now, that on the weekend
people coming down to the ferry boat, trying to get aboard the boat on a Friday,
the traffic is usually backed up across the railroad tracks, and up into New London,
because there's no room. So, they're going to bite the bullet to the tune of about
$2,000,000.00 of which the Town is more or less backing the bond, because the
Ferry District does not have the bonding capability of going that high, but rest
assured, that the Ferry District on Fishers Island is quite solvent, and this is
going to be some project, and I will pass along the information as it progresses.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2 MAY 4, 1993
15.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditure of $1,600.00 ($40.00 per person for 40 people) for testing of those
Police Department individuals g ven the Hepatitus 13 injections to determine the
effectiveness of the injections; said charge to be to 13.3120.4, Police, Contractual
Expenses.
15.-Vote of the Town 13oard: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Gouncilman Penny, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of $outhold on
the 20th day of April, 1993, a proposed Local Law entitled, "A Local Law in Relation
to Certificate of Determination"; and
WHEREAS, this proposed Local Law was transmitted to the Southold Town Planning
Board, and Suffolk County Department of Planning for their recommendations; now,
therefore, be it
RESOLVED that the Town Board'hereby set 4:30 P.M., Thursday, May 20, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearin~ on the aforesaid proposed Local Law which reads as follows:
A Local Law in Relation to Certificate of Determination
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 as follows:
1. Section 100-13 (Definitions) is hereby amended by addinc~ thereto the
following:
CERTIFICATE OF DETERMINATION - A document issued by the
E3uilidnc~ Inspector certif¥in~ that the proposed business us of an
existinc~ business structure and/or property complies with the
Town's Zoninc~ Code at the date of issuance.
2. Section 100-280(G) is hereby added to read as follows:
G. The 13uildincj Inspector, at the request of the applicant, shall
review, and, if appropriate, shall issue a certificate of
determination upon the inspection of an existinc~ business
structure and/or property for compliance with the Town's
Zoninc~ Code at the time of issuance. The fee for the issuance
of a certificate of determination shall be set by Town Board
resolution.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions.
COUNCILMAN WICKHAM: No, and I'd like to briefly say, that I don't agree with
this proposal. I do agree with the proposition, that a person who's going to operate
a new business in an old business establishment should have some way to know,
whether in fact, he would have to go through the site review process again. What
I object to is handing this over directly to the E~uilding Inspector, which I think
opens up the possibility of a potential for abuse in the future. It has been with
Planning Board up until now. I, also, believe that there are no effective criteria
outlined by which the Building Inspector will rule on these cases, and I don't
approve of the fact, that there is no time deadline, or sunset clause in these.
Once granted it will basically be an opportunity for somebody indefinitely. I
think that the way to have handled this instead would be to have inserted a
proposed resolution, that would empower the Planning Board to waive site plan
review on those case where in fact there is no significant change in the business.
Finally, I would just like to add, Scott, that this was not on the agenda last
night, that. I picked up, nor was it on the agenda of items for discussion today,
yet it finds it's way onto the agenda tonight, so I wish, and object..it wasn't on
the agenda that I got last night.
TOWN CLERK TERRY: No, it wasn't. The Planning Board met last night, and
then gave their recommedation this morning.
COUNCILMAN WICKHAM: So, I object to it on all 0f those grounds. I expect
the agenda..
SUPERVISOR HARRIS: Can we move on with the vote, please, and you've summed
up what you had to say. Continue with the vote, please.
COUNCILMAN PENNY: Yes, and we'll clear up some of the misconceptions, that
Councilman Wickham has on this at the public hearing. Be very happy to respond
to each, and every one of them.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Penny,
Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: In reference to this, Tom, I think it's inappropriate, that
you make statements in reference to a public hearing, t. hat we're setting, before
we even have the pubic hearing. I don't think that, certainly, any way to conduct
business in this town. You certainly have an opportunity to say why you would
vote against it at that time, when the Board does come to that time frame, when
it has an opportunity to either say, yes or no, after the public hearing is conducted,
but at this time to condemn it before an opportunity of the public to be heard,
that's not government by the people. That is government by yourself without any
reference of input from those people, who are entitled to have public say, so it's
very easy to condemn or to go against any public hearing ahead of time to try
to sway those individuals, who would come in, either for or against the public
hearing, I think it's inappropriate. You certainly had an opportunity to do so
later on. i think this was not the time to do, when we're just setting a date for
a public hearing,
17.-Moved by Councilman Wickham, seconded by Supervisor Harris,
WHEREAS, there was present to the Town Board of the Town of Southo~d the 20th
day of April, 1993, a proposed Local Law entitled, "A Local /aw in Relation to
Accessory Apartments"; and
WHEREAS, this proposed Local law was transmitted to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommedations; now,
therefore, be it
RESOLVED that the Town Board hereby sets 4:32 P.M., Thursday, May 20, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearin9 on the aforesaid proposed Local Law which reads as follows:
A Local Law in Relation to Accessory Apartments
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 as follows:
1. Section 100-13 (Definitions) is hereby amended to read as follows:
CERTIFICATE OF COMPLIANCE - A document issued by the Building
Inspector certifying that the premises indicated conform to Zoning
Board of Appeals requirements for bed and breakfast use or
.accessory apartment use at the time of issuance.
2. Section 100-31(B)1~(k-m) is hereby amended to read as follows:
(k)
The certificate of occ~l:m~ compliance shall terminate
upon the transfer of title by the owner or upon the owner
ceasing to occupy one (1) of the .dwelling units as the owner's
principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in occupancy
until a new owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever shall first
occur ·
(i)
All conversions shall be subject to the inspection of the
Building Inspector and renewal of the certificate of
o¢¢al~m~' compliance annually.
84
MAY 4, 1993
(m)
The building which is converted to permit an accessory
apartment shall be in existence and have a valid certificate of
occupancy issued prior to January .1, 1984 or proof of
occupancy prior to that date.
II. This Local Law shall
* Underscore represents
** Overstrike represents
take effect upon its filing with the Secretary of State.
additions
deletions
COUNCILMAN PENNY: I would just like to clarify, that we are also adding a
definition of certificate of compliance, because a certificate of compliance existed
in the Southold Town Building Department. It existed by virtue of the fact, that
the $outhold Town Board created it by resolution, and you never put the certificate
into the Code, so the word occupancy was being used inadvertantly, and I would
read that the certificate of compliance is a document issued by the Building Inspector
certifiying that the premises indicated comformed to the Zoning Board of Appeals
requirements for bed and breakfast use, or accessory apartments use at the time
of issuance. Just with that clarification, yes, my vote is yes.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, I'm going to ask the Board to give me a
motion to recess, so we can go into a public hearing.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that a recess be called at this time, at 8:00 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny; Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting] reconvened at 8:45 P.M.
SUPERVISOR HARRIS: We'll get back to the regular agenda. We left off at number
18.
18.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
release of the $180,000.00 Letter of Credit placed with the Town by. Peconic Properties
Management Corporation to protect the New York State Affordable Housing Corp-
oration in the event of a foreclosure of the Southold Villas Affordable Housing
Project at Route 25, Southold; said release is upon the recommendation of J~mes
C. McMahon, Southold Town Community Development Office, who has advised the
Town Board that all 17 units in Southold Villas, Section I have been sold and are
now occupied, and were sold in accordance with the Town of Southold's Affordable
Housing Code.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Town Board members and the Town Attorney and Assistant Town Attorney to
attend a "Confronting Change Public Sector Labor Relations in 1993" seminar at
the deSeversky Conference Center, New York Institute of Technology, Old Westbury,
New York, on Thursday, May 27, 1993, from 8:30 A.M. to 4:00 P.M., and the
registration fee of $85.00 per person, and transportation, using a Town vehicle,
shall be a legal charge to the Town Board and Town Attorney's 1993 Budgets.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This 'resolution was declared duly ADOPTED.
20.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to the Town Attorney and Assistant Town Attorney to attend a~"Section 1983
Actions:-I_and Use & Torts" conference at Touro Ldw Center r Huntington, New
Yorkr on Friday, May 21, 1993, from 9:00 A.M. to 4:00 P.M., and registration
fee of $35.00 for two municipal attorneys, and transportation, using a Town vehicle,
shall be a legal charge to the Town Attorney's 1993 Budget.
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilman Pennyt seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of
the Code of the Town of Southold, notice is hereby given that the Southold Town
Board t in coodUcting an uncoordinated review of this unlisted action, has deter-
minted that there will be no significant effect on the environment.
DESCRIPTION OF ACTION: Proposed Local Law entitled, "A Local Law in Relation
to Excavations". The proposal has been determined not to have a significant effect
on the environment because an Environmental Assessment Form has been submitted
and reviewed and the Town Board has concluded that no significant adverse effect
to the environment is likely to occur should the proposal be implemented as
planned.
21 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local I_aw in Relation to Excavations"; now,
therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law to the Soutbold Town Planning Board and the Suffolk
County Department of Planninc~ in accordance with the Southold Town Code and
the Suffolk County Charter. This proposed Local Law read as follows:
A Local Law in Relation to Excavations
BE IT ENACTEDr 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:
1. Section 100-239.1 (Excavations) is hereby amended to read as follows:
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building for which a
building permit has been duly issued. IN the event that a-building
operation is arrested prior to completion and the building permit
therefor is allowed to lapse, with six (6) months after the date
of expiration of such permit, the premises shall be cleared of any
rubbish or other unsightly accumulations, and topsoil shall be~
replaced over all areas from which such soil may have been
remoYed. Any excavation for a basement or foundatio~ with a depth
greater than three (3) feet below grade shall be either filled or
surrounded by a substantial fence adequate to deny children access
to the area and adequately maintained by the I~l~ler-~ ~l~e
I~er~i~ owner of the premises.
II. This Local Law shall take effect upon its filing the Secretary of State.
* Overstrike represents deletionls)
** Underscore represents additions(s)
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickhamr
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6 MAY 4, 1993
23.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Loca Law in Relation to Special Exception Uses";
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law to the $outhold Town Plannin9 Board and the
Suffolk County Department of Plannincj in accordance, with the Southold Town C;ode
and the Suffolk County Charter. This proposed Local Law reads as follows:
A Local Law in Relation to Special Exception Uses
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 as follows:
1. Section 100-262 is hereby amended to read as follows:
Bo
Prior to taking action on any special exception use,the
~ ha~ing-j~i~i~tio~ thereo~-'the Zonin9 Board of
Appeals shall schedule a public hearing within forty-five (45)
days after determination that the application is complete.
Within sixty (60) days following the close of the public
hearing, the Board shall render a decision on the application.
Effect of approval. A special exception approval issued in
accordance with the provisions of this Article shall authorize
only the special exception use for which the approval is
granted. No use which is not a special exception use
hereunder shall be authorized by any such approval, The
approval may include reasonable conditions which t~e
13¢n~rd-the Zoning Board of Appeals determines to be
necessary or appropr'ate to ensure that the applicable general
and specific~ standards and s~feguards set forth in this chapter
for the use can and will be met and/or adhered to. A special
exception approval shall be valid for a period of six (6)
months but may be extended for one (1) additional six-month
period by the i~s~in~ ~ Zoning Board of Appeals
within the requirement' of new public notice of hearing· A
continuing or permanent land use authorized by a special
~ception approval which use is undertaken or begun during
the period of validity of such approval shall thereafter be
deemed a lawful us~ as if the same were permitted by this
chapter without need for a special exception permit; provided,
however, that:
All conditions imposed by the special exception approval
shall continue to apply unless they, by their express
terms, are'of limited duration.
All conditions imposed on special exception approval uses
generally or specifically by this chapter shall continue
to apply, regardless of whether any such conditions were
expressly incorporated into the special exception approval.
The Bost-~ which- issue~ the spec½~l- ex¢~'l~{~n
appt'ov-ai-Zoning Board of Appeals shall retain
continuing jurisdiction over the same,
Violations of conditions. A violation of any limitation or
condition of a special exception approval or of any provision
of this chapter applicable to a special exception use shall
.constitute a violation of this chapter. The ~ w4~i~h-
a~ an~lSe~l-ex~:~-~p~n u~-Zoning Board of
Appeals shall retain'jurisdiction and shall have the right,
after a public hearing, to modify, suspend or revoke such
approval or any term or condition thereof or to impose thereon
one (1) or more new conditions, all on the following grounds:
2. Section 100-263 is hereby amended to read as follows:
No special exception approval shall be granted unless the Erom~-
ha~ing~ j~t~i~cH~h3~ ~hereoF Zoning Board of Appeals specifically
and determines the following:
finds
MAY 4, 1993
87
3. Section 100-265 is hereby amended as follows:
In deciding on any application for a special exception use. the
~ h~-~dng- j~i~J-i~:~k~ ~hereoF ZoNing Board of Appeals may impose
such conditions and safeguards as it deems necessary or appropriate to
preserve and protect *.he spirit and the objectives of this chapter.
I1. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Underscore represents addition(s)
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation [_aw,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code-of the Town of Southold, notice is hereby given that the Southold
Town Board, in conducting an uncoordinated review of this unlisted action, has
determined that there will be no significant effect on the environment.
DESCRIPTION OF ACTION: Proposed Local Law entitled, "A Local Law in Relation
to Building Setbacks Adjacent to Water Bodies and Wetlands". The proposal has
been determined not to have a significant effect on the environment because an
Environmental Assessment Form has been submitted and reviewed and the Town
Board has concluded that no significant adverse effect to the environment is likely
to occur should the proposal be implemented as planned.
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Building Setbacks
Ad)acent to Water Bodies and Wetlands"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local law to the Southold Town Planning Board and Suffolk
County Department of Planning in accordance with the Southold Town Code and
the Suffolk County Charter. This proposed Local .law reads as follows:
A Local Law in Relation to Building Setbacks
Adjacent to Water Bodies and Wetlands
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 as follows:
I. SectiOn 100-239.4(A)(3) is hereby added to read as follows:
3. Buildings which are proposed landward of existing principal
dwellings shall be exempt from the requirements set forth in
A(1) and A(2) hereof.
2. Section 100-239.4(C) is hereby amended to read as follows:
C. All buildings located on lots adjacent to any freshwater body
shall be set back not less than seventy-five (75) feet from the
edge of'such water body or not less than seventy-five (75) feet
from the landward edge of the freshwater wetland, which ever
is greater. The following exception will apply:
1. Lands which are not bulkheaded and are subject to a
determination by the Board of Town Trustees under
Chapter 97 of the Code of the Town of Southold.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents addition(s)
COUNCILMAN PENNY: This is a fairly simple amendment, which brings the
freshwater wetlands i'n conformity with the rules and regulations for the Tidal
Wetlands, the jurisdiction being in some areas along the Sound. One hundred
feet, the jurisdiction being now with the wetlands 100 feet, and it prevents a
duplication of jurisdictions here. The ZBA has no problems in giving the determina-
tion to the Trustees, where they feel it rightly belongs.
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8 MAY 4, 1993
26o-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Margaret Thomas as a seasonal employee - Certified Applicator under the Fishers
Isalnd Safe BTI Mosquito Control Program, effective June 1, 1993 through
September 7, 1993, at a salary of $10.00 per hour; and Paula Wasle¥ as a
Technician-Trainee under the same program, effective June 1, 1993 through
September 7, 1993, at a salary of $6.50 per hour; total expenditure not to exceed
$7,000.00 for 1993.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, the Town Board of the Town of Southold is asking its residents to
"Take Pride in Southold" by complying with the requirements of the Town Code
as it applies to signs; and
WHEREAS, the Town Board believes that such compliance can be achieved through
more aggressive enforcement of the Town Code's sign regulations; and
WHEREAS, the Town Board also recognizes that immediate compliance with the
sign regulations by certain businesses may cause, as a result of the loss in
advertising, a negative economic impact to those businesses; and
WHEREAS, the Town Board believes that it can minimize that negative economic
impact yet maintain its interest in sign enforcement by creating an amnesty period
for certain temporary signs; now, therefore, be it
RESOLVED that the Town Board sets an amnesty period of May 3, 1993 through
July 3, 1993 during which time no appearance tickets will be issued for sign
violations regarding existing temporary signs (one sign per property) that do not
exceed six (6) square feet on either side provided they are not on the public
right-of-way.
COUNCILWOMAN HUSSIE: Yes, and I would like to do a little explanation, why
they reported that I was opposed to the amnesty section of this idea, I still don't
really approve of it. However, that's not what we're voting on tonight. We're
voti.ng on the time for this ~mnesty period, and so I am voting, yes.
COUNCILMAN WICKHAM: No. Like Ali~e, I also don't really approve of the
amnesty period, and in my case I'm voting, no, and I might add, that at a
resolution passed unanimously by this Board two weeks ago, we agreed at that
time that we would move, and place an advertisement in the newspapers basically
saying we're intending to apply the law fully effective very soon. At that time,
there was no mention of a amnesty, or any other loophole, and I regard this
change as not proper, and not consistent with the resolution, that this Board
enacted just two weeks ago, so my vote is, no.
COUNCILMAN PENNY: Yes, and I would like to say, that it has be~n quite an
experience for me, that when a Town Board starts off in a direction, and decides
that it's going to work for the business community, and it finds out when it gets
to the business community, that although the business community felt one way at
one time, and that they started to temper their feelings, that this Town Board
did relate to the business community for which it commited , my committee, actually
Joe's committee, which I am Chairing in this instance for the sign ordinance, but
the Town Board made a commitment to work with the business community. Right
now, the business community is in the act of getting together. There is some polls
that are going on. There is some more information, that is coming in, and things
'are always changing. I believe the government, that is reflective of the people,
and the people in the community, is a very important government. Government
should not blind to the needs of the community, particularly in tough economic
times, and the times when they say they're going to work with somebody, and all
of a sudden if things don't go their way, all of a sudden they're not working with
them anymore, they're dictating to them. Well, I do not intend to be a dictator.
I carried a message back from the people, that was brought from a committee meeting,
which lasted two and a half hours, what some of the people here, I'm very pleased
to say attend. Others did not, but I welcom~ all Town Board members to our
meeting, so that they can hear the full input from the business community. You
may not like what the business community says at all times, but I believe that they
have a right to heard, and the Town Board recognized that right by sending me,
and the way they sent me to this committee was to Work with the business cgmmunity
I was not told to go out like the Gestapo, and to pull up every sign in town_ I
MAY 4, 1993
89
was told with the ~ull knowledge of everybody here on the Town Board, that we
would work with the business community. I appreciate the support of those on
the Town Board, that are allowing this to continue. We are not stopping. We're
not stopping sign enforcement. We are continuing. Sign enforcement is only going
to improve, but we are finding out one of the concerns of the business community,
who pay taxes, and have a right to survive in this town, as well as everybody
else. The business community has in many instances, said to me specifically, that
they are concerned about signs also. They are concerned about their own
businesses. They are concerned about the overall look of the town. They are
concerned with the concerns of the community. What we're trying to find now
is a way to address everybody's concerns all at once, and if you just cast out
those concerns, and go in a singular direction, you'll never k'now what the rest
of the wor!d is like. So, bear with us, please. We are not dropping the "Proud
of our Town". We're continuing it, and I'm sure that "Proud of our Town" will
be even stronger, when we are done, because now the business community will
be on board. There are those that feel that the small signs, which they had out
there, are very important to them, and we are going to address them on a case
by case basis. Without this amnesty period everything would have had to go. This
is a small rural local community, and God knows by working with people in this
way, I hope we can keep it this way. I don't ever want to see a government in
this town, that does not respond to the needs, and the wishes, and desires, and
concerns of the entire community, and I believe that the Chambers of Commerce,
and the non-Chamber members, that are working with this, they're goals are very
similar to the goals of those, that want all the signs up. They want to survive.
They want things to look nice, but we all have to figure a way to work this out
together. It gets a little testy at times, and it makes great headlines, but people
battle over how we're going to handle this, but the Town Board has kept this
direction, and I appreciate it, and thank them for their support on .this, and by
the way, the amnesty was not my idea. When I first heard about an amnesty
period; I didn't think it would ever work. I presented it, because it was a new
view, a new outlook, and I presented this to 'the Town Board. Now, four members
of the Town Board decided, that they would go along with this, and now, five
members, Joe is not here tonight, so the amnesty that came up was not my idea.
I have not-a, bandoned taking care of any of these signs, and please, if anybody
has any concerned, there's meeting of the Commerce and Industry Committee to
further address this in the Town Board direction on next Tuesday at 7:30, and
we.welcome input. Everybody that is there so far has had a fairly open mind.
Thank you.
COUNCILWOMAN HUSSIE: George, I voted for the time period. I voted for the
time period only.
27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Penny,
Justice Edwa~rds., Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I would just like to make one brief comment on this. I
think this Board is dedicated to the Sign Ordinance, and I've never seen so much
to do about such a small issue. In my opinion, this issue is not a major issue in
this town. There are many major issues facing this town, that are not being
addressed. The sign issue by itself is something that everyone is agreement with,
that they don't want to see a visual blight on this community on certain signs,
and that is being addressed, but in the economic times, that we've had before us,
and considering the North Fork, and considering the businesses, how they've been
. struggling, considering that they're the lifeblood of this town, and they are the
lifeblood, these small business are supplying employment, and they are bringing
in the money for this town to survive. There has to be continuing cooperation
between government, residents, and the businesses. The best way to acheive it
is the way this Board has addressed it. I applaud the Board. Those members
of the Board, that are working diligently with the business community to try to
resolve this issue. I don't think there is a business out there, that wants to have
a sign, that's going to visually degregate their area, or the significance of our
rural heritage, of which this Township prides itself on. So, this town is working
with the economic community, working with the people towards what it is beneficial
for all, and if this is the step that has to be taken to clean up, so be it. To
continue this back and forth verbiage about such a small issue, when there are
maior issues out there facing this town, that aren't being addressed, because people
90
MAY 4, 1993
are caught up still in this, I would say this, I don"t even know the wording to
address this with. It's ridiculous. Let's put it to bed once and for all. Let's
get rid of this. The amnesty period is in place. July 3rd, that's it. It's the
start of the real tourist season out here, which is July 4th weekend. Those signs
will all be cleaned up. I think it's very obvious by the resolution the way it's
worded, that the Town is not tolerating it. There are certain provisions being
put in, and if the business community, as a whole, feels that the sign ordinance,
as it exists now, is not in the economic wellbeing of their existence, the way to
go through it is through the Town Board, through the Commerce and Industry
Committee, which was set up expressly for the Chambers, and the businesses to
give input to the Town Board, and if a modification to the law is needed, then
that's the direction that will be taken by this Board if, and when, it's deemed
appropriate. But, at this time, it has not been proved to me, or anybody else~
that I have talked to, that this is not going to work, and until that's the case
I applaud the Board for working with the business community in these recessionary
times.
28.-Moved by Councilman Wickham, 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 entitled 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 m~nimus; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby requests New
York State Division for Youth 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 from the New York
State Division for Youth.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas
Riley as Assistant Cook for the Southold Town Nutrition Center, effective immediately,
at a salary of $7.86 per hour.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Co~Jncilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Caroline
Connors as a temporary, full-time Lec~al Stenoc~rapher for the Office of the Town
Attorney~ effective May 11, 1993 through November 7, 1993, at a salary of
$22,134.00 per annum; and be it
FURTHER RESOLVED that Ms. Connors shall be reimbursed at the rate of $85.13
per day for each day worked prior to May 11, 1993.
'COUNCILWOMAN HUSSIE: This a replacement for Mary Santacroce, who is taking
a maternity leave. This is not another position.
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary
Brewer as a part-time Clerk Typist for the Recreation Department, 13 hours per
week, at a salary of $6.50 per hour, effective immediately.
COUNCILWOMAN HUSSIE: This is, also, a budgeted item.
· 31.-Vote of the Town Boar~l: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Special
Counsel Richard J. Cron to accept the proposed settlement with respect to the
Pipes Cove Condominium certiorari proceeding, all in accordance with the recom-
mendation of Mr. Cron and the Board of Assessors of the Town of Southold.
32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
33.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Special
Counsel Richard J. Cron to accept the proposed settlement with respect to the
Gusmar Ralty Corp. certiorari proceeding, all in accordance with the recommendation
of Mr. Cron and the Board of Assessors of the Town of Southold.
· 33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We have two more resolutions, that have to be acted upon
tonight. We didn't realize they're under time restraints, and the Town Clerk
appropriately brought it to our attention. They are really non-significant resolu-
tions, but they are very important for Fishers Island, and has to do with certain
causes, that have to be acted upon tonight by time frame.
34.-Moved by Supervisor Harris, seconded by Councilwoman Hussie,
WHEREAS,~ the Fishers Island Ferry District has been delegated iurisdiction, control,
and supervision of an airport located at Fishers Island, New York, generally known
as Elizabeth Airport, and is desirous of engaging an operator to operate said
Airport; and
WHEREAS, Walsh Contracting Ltd. of Fishers Island, is desirous of operating said
Airport; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to enter into an
agreement with Walsh Contracting Ltd. for the operation of Elizabeth Airport,
Fishers Island, for a term of three years, commencing on the 1st day of May,
1993 and ending on the 31st day of April, 1996; said agreement all in accordance
with the approval of the Town Attorney.
34.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUS'TICE EDWARDS: Just a little blurb in here, that the operator of the
airport now is under contract. I think it was five year contract with an option
to cancel that to three years, which this is the third year, and the operator of
the airport is A. Richard Grebe, Jr., who won the 8.3 million dollar New York
State Lottery a 'couple of years ago, and he's decided to semi-retire, and he's
backing out of the airport, and Walsh Contracting is going to take over the
operation of the airport.
35.-Moved by Supervisor Harris, seconded by Justice Edwards,
WHEREAS, the 'Fishers Island Ferry District has been delegated jurisdiction,
control, and supervision of an airport located at Fishers Island, New York, generally
know as Elizabeth Airport, and is desirous of leasing the former hanger building
to Walsh Contracting, Ltd.; and
WHEREAS, Walsh Contracting Ltd. of Fishers Island, is desirous of leasing said
building from the Ferry District; now, therefore, be it
RESOLVED~th~at the Town Board of the Town of $outhold hereby authorizes the
Boa~-d Of ~ C0m~ssoners of the F shers Island Ferry District to enter into an agree-
ment w~ith' Wal~h~:Contracting Ltd. for the use of the building and appurtenances,
together wi!th ial~ facilities and services which have been or may hereafter be
· provided al~ or iln connection with the building for a term of three years, commencing
on the Ist d~y! of May, 1993, and may be extended by agreement of the Ferry
District and'W~lsh Contracting Ltd. for two successive one year terms, at an annual
rent of $6,000~00 for the first year, and during the second and successive years
the annual ren,t'shall be annually negotiated between the District and Walsh; said
agreement ~ill'iln accordance with the approval of the Town Attorney.
35.-Vote Of tl~e~ T0!wn Board: Ayes: Councilwoman Husse, Councilman Wickham,
Coun~ilmai~ Pe~ny, ;JuStice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9 2' MAY 4, 1993
SUPERVISOR HARRIS: That is the last piece of business for the evening in
reference to resolutions. Before we proceed to close, are there any members of
the audience, that would-like to address this Board on any 'ssues?
RUTH OLIVA: Ruth Oliva, Orient. I'd like to speak about two items, that were
under discussion today. First, the Board had a very lengthy discussion about
fast food restaurants, and if I'm not mistaken, the Board felt that just a voca
~ninority had been heard about fast food restaurants, and so therefore they wanted
the Task Force to include a question 'n their survey to see how the whole town
felt about having a fast food restaurant. The second item for discussion was this
idea of temporary signs. Again, I do believe there has been a vocal minority,
that has said that, yes we really do need these signs, but I did not hear the
Board say, well, let's hear what the. town fee~s, everybody in the town feels
about these signs, so I would suggest to the Board, that they include a question
in the survey by the Task Force to ask people in this town how they feel about
these temporary signs. Otherwise, I see this as a double standard. On the one
hand you're taking one minority's opinion, saying, that's not enough. Let's go
to the whole town, while on the other hand, you take another minority's opinion,
but not saying, let's go to the whole town. -I think you really have to. Thank
you.
SUPERVISOR HARRIS: Ruth, that's a point well taken, and I think there are other
questions, that also have to be added to the survey, which obviously has not been
finalized yet, but certainly, that's a good input, and should be one that this Board
deems, wants to move in that direction, should be added. Like you said, I'm sure
there's many other issues out there, that also should be added to that questionaire,
but thank you for bringing that to our attention. Are there any members of the
audience, that would like to address this Board? Mr. Carlin?
FRANK CARLIN: Frank Carlin. Laurel. Before I start my main subject here,
I want specify one thing here. This has come up with the MacDonald's project.
I mentioned in the paper I read once, that the majority of the people in Southold
was against it. It has never been proven, that the majority of the people in
Southold was, against the fast food restaurant. It was never taken a vote on.
So, let's eliminate that theory, and tell the people, whatever it is, that the
maiority of the people in $outhold Town are against the fast food restaurant. If
you were to put it on a proposal, or something on election day, or something like
that, I'd say, yes.
SUPERVISOR HARRIS: On the ballot.
FRANK CARLIN: On the ballot, but it was never proven. Okay, let's take care
of that one. I agree with you on the signs. I'm going to bring up what I mentioned
a few things at the sign meeting we had a while back. Seems to me this all could
have been eliminated, because for one reason. The Zoning Code has got to be
changed. There's a lot of corrections in there, that must be changed, amendments,
corrections., Sec-tion 100-205. Now, if you would have instead of starting this thing
going, starting a fire here,and I agree with ~/ou being carried too far. It's not a
big item. Sat down, had that modified, the Zoning Code, you would have had
something to work with, reference to that, everything would have been settled.
No question. Southold Town's signs must comply with the local Zoning Code.
That's it. It's in black and white. The Building Inspector would know what's going
on. The way the sign is written in the Zoning Code you have to be a Philadelphia
lawyer to figure out. You know yourself, it's got to be changed. Who ever did
that eight years ago, $80,000.00, didn't do such a good job. That's how you could
have done it. An airline pilot before he takes off, he files a flight plan. He's
got to know what he's doing, and actually this is arguing over nothing. You put
the cart before the horse. You would have have sat down, and straightened that
out. Bring up the Zoning Code, wouldn't have been no more, must apply to the
Zoning Code. No big deal. I'm going to say something now, might make some
enemies, but I must state the truth, and call the shots the way I see them. You
see vineyard signs along the State highways here. Now, once again, I'm not
against the vineyards. No way am I against the vineyards. More power to them,
I hope they succeed in their business. More power to them. Vineyard signs,
four for each vineyard with their names on them. Fine, nothing wrong with that
again. I'm not against that. I called up Hauppauge my friend DeLama, who's in
charge of the State signs. I want to know, why they're up there like that on
a State highway? He's said, they're ordered by Governor Cuomo. He said if you
have any questions you'll have to speak to your representative, so I called up
MAY 4, 1993
93
Joe Sawicki. Joe Sawicki informed me, that..his office did, he wasn't there, 'that
they do pay the insurance on these signs, and they're put up for tourism. Okay.
Fine, again. Then I was referenced from Joe Sawicki's office to the Regional
Director to write him a letter. I didn't get to that yet. But I tried to contact
Mayor Cuomo on CNN the other night, on Larry King's hour.
SUPERVISOR HARRIS: Governor Cuomo. You demoted him. He's Governor Cuomo.
FRANK CARLIN: I did call him Mayor. Governor Cuomo. I couldn't get through
to him. He was on. I was going to ask him some good questions, I'm going to
give to you right now. (tape change.) There's signs, at least about fourteen
on this fork. There's two of them on the South Fork, I believe, East Hampton
and Southampton, and there's many more upstate. My question is, why should
they be supported by taxpayers? That is my question to Governor Cuomo, and
Senator LaValle. There's nothing wrong with these signs being up, believe me.
SUPERVISOR HARRIS: Mr. Carlin, I may be able to shed some light on this
subject. These signs were purchased, and paid for by the wineries themselves.
FRANK CARLIN: Not according to Joe Sawicki's Office.
SUPERVISOR HARRIS: They were not paid for by you and I, as taxpayers. These
wineries spent a tremendous amount of money to have those signs made up, and
bought, and placed in the postions that they are. They had to get approval,
obviously, from, I'm st~re the County highway, or the State highway to place them,
but they bought and paid for them themselves. That was not paid for by you
or I, as taxpayers. I know that for an absolUte fact. Mr. Blum is in the back
of the room. Would you attest t6 that, Mr. Blum?
RAY BLUM: I was in
and orginally we paid
signs up every year.
FRANK CARLIN: Joe
the State. Now, that
SUPERVISOR HARRIS
FRANK CARLIN: Well
by..also, more or [ess
SUPERVISOR HARRIS
FRANK CARLIN: It's
me.
SUPERVISOR HARRIS:
charge of that project. It took about five years to institute,
$100.00 per sign for permits, and insurance to keep those
Sawicki's Office told me directly, that it was supported by
information is wrong.
I hope, that I shed some light in reference to that subject.
I retract that statement· if you're right. I was informed
by the State in Hauppauge, that to see Joe Sawicki.
Thank you. If only we lived in a perfect world.
funny, that he didn't know the same information you're giving
Thank you. Mr. Blum?
RAY BLUM: Ray Blum, again. Just one more comment for the record. I want
to make notice, and bring the Board's attention to the fact, that the consultants·
that were hired by the Board, Cramer, Voorhis, and Associates did a project on
this rezoning, and just a quote out of the report, that they sent, they said, the
existing site seems incongruous with the proposed purpose of the R-O as outlined
in the Code, given the fact that the areas not essentially residential, and on the
next page it says, the Master Plan Update outlines this site as general business
land 'and use plan, and lastly, given the foregoing facts relating to the land use,
and zoning, the present site zoning could be considered for modification.
. SUPERVISOR HARRIS: Mr. Blum, I'll remind you that the public hearing was
closed. It's part of this record. It's part of the record of the Town Board meeting,
but it can't be part of the public hearing, because that closed. The comment period
was at 8:00 o'clock, but the Board took note of your comments, obviously, and
it will part of the Town record in the minutes here, but it was not a part of the
permanent record, as a public hearing in reference to that zone change.
4 MAY 4, 1993
TOWN CLERK TERRY: You may adopt a resolution based on that.
COUNCILWOMAN HU$$1E: We read that. Every bit.
RAY BLUM: You did?
SUPERVISOR HARRIS: Yes. I just wanted to bring it to your attention.
RAY BLUM: I read the thing on the top of the minutes, what you're going to
discuss on tonight, and I thought that it was appropriate at the end of the meeting,
also.
SUPERVISOR HARRIS: Anybody can speak on any subject they want at the end
of the meeting.
ANN LOWRY: I wanted to speak about the interviews, that are going to be held
on Thursday for the possible vacancy on the Planning Board, because of the end
of Bennie Orlowski's term. There's still a lot of publicity in the papers about..
or a lot of comments about the publicizing of the efforts in relation to the Planning
Board, and there's been a lot of comments, also, about holding a lot of government
in excessive use of Executive Sessions, and too much behind closed doors. My
inpression was, that I called the Open Government State Department in Albany
to check on my understanding of this, and it was confirmed by a man by the name
of Robert Freeman, that Southold Town has the option of holding these hearings,
and other things, too, holding these hearings in open session, or in closed session,
if that is your choice to do that, and I just think it would be..I bet the citizenry
of Southold would be absolutely delighted to have the chance to see the op~0
interviews. It would be a chance for $outhold to do something different, and
inventive, and I think very interesting, and reassuring for everyone a_l~out
something that is very important to everyone, and I think if we can do it in the
Senate and the Supreme Court, I think we can do it for the Planning Board in
Southold. Thank you.
SUPERVISOR 'HARRIS: Mrs. Lowry, before you sit down, I'd just like to comment
on that, personally. First of all, I am not in favor of publicly have any interview
process, and publicly exploiting any individuals, who are seeking different positions.
That's the Board's prerogative. I'm not going to continue to publicize the Planning
Board appointment in the way that you have presented, because that is making
it more political. The first reference to your statements about contracts, and so
on in Executive Session is campaign issues, and they have not ever been brought
up by any public at large, except for a campaign issue. $o, again, whatever' the
paper's report, because papers are there to report the news, and to make mclney.
Their business is like everything else, but I will not allow, in my opinion, and
that's up to this Board, to continue to publicize the Planning Board, the Planning
positions, and so on, as is being done, very acutely by some political forces
within this town~ who are seeking office in November. ! won't condone that, and
I don't think that this Board should either, especially setting a precedent with
that Board in reference to any other Board interviews, that it's had in the past.
ANN LOWRY: I respect your opinion. I am statir~g the obvious,' which everybody
knows that there's a lot of talk about that, and it has been in the public eye,
so I was simply saying that, and I'm quite aware that you have a choice. I just
wanted everyone to know, that is your choice, and I wasn't sure of that, so I
called to find out. Thank you.
TOWN ATTORNEY ARNOFF: Just as a side, any matter that's considered by the
Board ever at an Executive Session, if the Board chooses not to invoke that executive
priviliage, it has that right. It's not merely this one, and that has always been
the law. It just that the "Sunshine Law", as it's written gives the Board certain
rights to conduct certain business, which is sensitive in nature, like litigation,
and personnel, specific personnel in camera, I think is the correct phrase.
MAY 4, 1993
95
RO~INIE WACKER: Ronnie Wacker, and I'm speaking for myself. As it has been
· suggested to me before, I should speak as a registered Democrat. I think it's
too late to think about depublicizing this interview, because it has already been
publicized, and I think that it's important for this Board, particularly to hold a
open meeting for interviews, because you are perceived now as out to get Bennie
Orlowski in the public mind, and so, I think that it would be very good for the
public to be aware of the qualifications, that you seek in a Planning Board member.
I would like particularly to note what those qualifications are, because I know
there's a saying, why was he fired from Chairmanship of the Planning Board, and
then his term ended? I particularly sensed the members on the Planning Board
all unanimously said, they would like him to continue under a Chairman. I, also,
would like to request, again, that Dr. Lize~vski abstain from voting on this,
since he will have an application before the Board, a member of which he will help
to appoint. Thankr you.
SUPERVISOR HARRIS: Ronnie, again, I'm going to have to address you on this.
You brought up some points, and again, I want to address you, that this is con-
tinuing to politicize the Planning Board appointment. I don't think there's a place
for this in this town. ! think the papers have had enough fun with reporting
what goes on, on a daily basis, in reference to the Planning Board, the Town Board,
the Zoning Board, and I think the time to end..you talk about depoliticizing, you
have continued just by your statements to continue to politicize it by putting it
on the cameras, and mentioning it in front of the press. That is not what this
town is about, or this Board is about, and I'm going to ask everyone again, please,
recognize the fact, that this Board is acting in it's good faith on finding an
individual, whether it's Bennie, or whether it isn't, for the upcoming appointment
for a vacancy, that may or may not end up occurring. So, I just want to, again,
state that it does not serve the public,or to this government, in a good sense to
continue to bring up this one individual, and to keep talking about him back and
forth, asking questions, why this was done, why that isn't done? This issue is
a Town Board matter. It's a personnel matter. Maybe, the Town of Southold should
write to President Clinton, and ask him why he wiped out a whole cabinet, a whole
staff of everybody, that George Bush had put in place, because these were all
very qualified people, and they are no longer in existence. The same issue is
applied. Nomatter how you look at it, there are people in government that look
at issues differently. That's why government functions in a democratic process,
and again, to talk about one individual in this particular town, why don't we talk
about any individual in any town, and ask the same questions? It's politicizing
it, and I don't want to continue on this subject, because I think it doesn't serve
anybody well at this time.
RONNIE WACKER: I disagree with you, of course.
SUPERVISOR HARRIS: Of course you do, but that's your right, and I'm not in
a debate with you. I'm reacting. You're making a statement. I'm making a statement.
RONNIE WACKER: I feel this has been a political issue, and it would be a very
good time for the Board to have an open meeting to insure everybody in town of
these requirements.
SUPERVISOR HARRIS: I don't want to get into a debate, again, with you, and
I won't, but the people elected this Board to make the decisions, and these decisions
are personnel matters, which always have been in Executive Session considering
the sensitivity of the individuals, and their applications, that are before us, and
questions, that may be asked to exploit individuals on an open basis. This town
has never done that, and I don't think it should start. Particularly it should never
start with something that has been publicized as .highly as this one position has
been. That's my opinion, and whatever the Board on this is certainly their
prerogative. I'm giving you my opinion.
RONNIE WACKER: You should wipe the slate clean.
SUPERVISOR HARRIS: I hope we will after this. I hope we will, and get on
with business as usual.
6 MAY 4, 1993
JUSTICE EDWARDS: I don't know if any of the members of the Town Board read
the minutes of the Planning Board, but apparently by handcarrying an application
for FIDCO, Fishers sland Development Company, from Fishers Island over here,
and putting it into the Planning Board, my name is on there as one of the presenties
in the Planning Board, so what I'm going to have to do is exclude myself in any
voting in the Planning Board members, because it's right in there in the minutes
that I helped carry this thing over. My name got put in there along with Thomas
Doherty, so I'm part of the fact. I'm going to have to eliminate myself from
voting on any Planning Board members. I had no idea that this was coming up,
but it's right in the Planning Board minutes.
SUPERVISOR HARRIS: Judge, we'll burn that bridge, when we get to it. That's
what John Kohn used to say. Mr. Carlin, one and final comment, please, so we
can entertain a motion to recess.
FRANK CARLIN: Frank Carlin. Laurel. I- agree with you, Scott, 100% on this.
When they're pickin9 a Supreme Court Judge in Washington, you have a committee.
I believe, that the Town Board should pick the position, not the public, because
we start this, you're goin9 to be doing for everybody. It's your job. I agree
with you 100%. Now, if I can take a few minutes to explain something about people,
that are being dismissed or whatever. Let me explain to you the system that
Grumman uses. It's called, performance review. An employee is called in the office
every six months to review his performance. If he's not doing something right,
he's late, or not performing on the job, it's noted down there, and he's told about
it, or he's warned about it. You see? But, if he has a good report on there, and
agrees, he signs it. That goes on every six months, and this is reported to the
Supervisor by what we call group leaders. So, if somethin9 comes up, that you
say,,this man here has ten years with the company, this man has twenty years
with the company, this man with the twenty years with the company has got three
negative on him, it's because he was late, and whatever in his report, but this
man has a positive one. Now, you don't need to have too much common sense,
as a Supervisor, to know which one you would lay off. You see? This is what
I'm saying. I'm trying to say here, is sayin9 about somebody not performing right
on the job, er didn't do his job right, is fine, but this way you got it in black
and white. It goes in your file, and I would suggest that maybe the Town Board
should implement..you could do it. It takes a little few minutes, but your employees
in all SouthOld Town Hall here could be reviewed every six months, or every year,
and there must be group leaders in there, that can watch them. I know you're
not with them ali day long, but it works for Grummans. I'm sure it can work for
you. When somebody comes up to be layed off, you have a complete record there.
There's no politics,involved in there no more. It's in black and white. Either the
man is positive, or the man is negative. If he's negative, he's layed off, if he
don't get along with people, or whatever. I think it would be good. program to
implement in your department.
SUPERVISOR HARRIS: Mr. Carlin, all Board positions, that are appointed by the
Town Board serve at the pleasure of the Town Board.
FRANK CARLIN: I'm not saying about appointments.
SUPERVISOR HARRIS: That's what I'm talking about. There is procedure in
place for Civil Service. That is absolutely the procedure.
FRANK CARLIN: I'm saying about somebody's reduction of force, or something,
where you have to lay somebody off. Well, you've got it there in black and white,
who you want to lay off. It's no buddy-buddy, or politics involved here. If you
want to do it right, you go by the record. That's what I'm trying to say. Do
you have that in this town? Do you use it in your department? Do you use it
in Town Hall? Do you use it?
SUPERVISOR HARRIS: That's employed. Absoldtely. Yes, we do. That's the
way the Civil Service law is set up.
FRANK CARLIN: Who does it, you or Civil Service?
MAY 4, 1993
97
SUPERVISOR HARRIS: The department heads review. If the department heads
are in fault, then the Town Board, or whoever manages that department has to
review it, and if there's something that's brought up that's amiss, or astray, or
an impropriety, it's documented. The employee has a copy. The union has a copy.
FRANK CARLIN: Is he told about it?
SUPERVISOR HARRIS: Has to be by law, and it's in his personnel file. He has
to sign it, also. That's right.
FRANK CARLIN: You let somebody go in Town Hall then, you've answered my
question. If you let somebody go in Town Hall, if he's not performing, it should
be down in black and white then. Right?
SUPERVISOR HARRIS: If that is the case. If it's budgetery cuts, and so on.
FRANK CARLIN: Okay. Fine, but if it's not the case of budgetery, if he's not
performing?
SUPERVISOR HARRIS: That!s the law. You're right. That's the law.
FRANK CARLIN: That's what ] want to know.
SUPERVISOR HARRIS: Councilwoman Hussie?
COUNCILWOMAN HUSSIE: I would like to reply to Mrs. Lowry, and Mrs. Wacker.
We are interviewing, right now, to supplement information we've gotten on the
resumes, and I think it would be unfair to the applicants for the Planning Board
to suddenly put them in a situation' where they're going to be almost on display.
There's no politics involved in this interviewing process. The criteria, that we
are looking at, is already written out, and I wish I had it with me. I have it at
home, and I'd be delighted to supply you with copies of it, but as far as I'm
concerned I don't care if it's open or closed, but for these people, who would
suddenly arrive here on Thursday, and find a room full of people listening to their
answers, and'there may be some areas, that we might touch on, that would be
somewhat sensitive, and perhaps the people wouldn't really want it to be made public.
I think if we were going to have public interviews, the information would have
to be brought forth much before this. That's my comment. Thank you.
SUPERVISOR HARRIS: Councilman Wickham?
COUNCILMAN WICKHAM: I'd just like to make a brief comment about truth in
government, like truth in advertising. Last meeting of this Town Board, roughly
two weeks ago, we enacted a resolution setting the terms of retirement for the
Principal Building Inspector. I don't intend to go into the specific terms tonight
of that retirement, but I would say that there was a provision inside there, that
called for secrecy of that document, and of the provisions. This is secrecy not
just during the period of negotiations, but secrecy that would extend indefinitely
to govern the relationship. I objected to that. I asked the Board repeated for
it, and essentially the Board members, and Counsel, advised that this was all
perfectly legal, and perfectly appropriate. Since that time, ]did my homework,
and other people did their homework, and I can tell you tonight, that it is not
appropriate. It is not legal to try to keep these secret, and in deed, the docu-
mentation is available from the appropriate office of Town Hall to outline basically
what the Board agreed to, and the terms, that we came to two weeks ago tonight.
Thank you, Scott.
SUPERVISOR HARRIS: Mr. Town Attorney?
MAY 4, 1993
TOWN ATTORNEY ARNOFF: I think Councilman Wickham's characterization is not
only unfair, but unproper. The confidentiality; which was attributed to the
agreement to which he refers was that, which was drafted both by Counsel, and
it was not by myself, Counsel retained by the Town, in colaboration with the
attorney for the Principal Building Inspector. These negotiations took place over,
I think, al~out a six month period, and perhaps longer. They were extraodinarily
sensitive, and broke down on many occassions. As a matter of law, they could
be deemed confidential, and were by agreement confidential, at least durng the
period of negotiation, and until litigation was complete. Which incidentially was
completed yesterday afternoon by the filing of these papers. The press, who made
request for this information through our Freedom of Information Officer Mrs. Terry,
were contacted by me personally. I contacted Mr. Friedman, and I spoke with
him in regard to our position, and to the wish of the parties not to devulge the
more sensitive aspects of this negotiation, the only thing that came of it was, if
in fact the agreement was approved by the court, it then became public domain.
At that point, I notified all Counsel of the results of my investigation, and the
documents had been made public affective, and I believe there's a member of the
press who received communication from me yesterday afternoon, and was only able
to get here because of perhaps her own geographical problems this morning. That's
the facts. Now, whether or not, a Councilman chooses to characterize them as
inappropriate, or misadvised, I choose to say, they are not. The position, which
I took at the last Executive Session, and again today, remains the same.
SUPERVISOR HARRIS: Councilman Penny?
COUNCILMAN PENNY: On a lighter matter, there is a life outside the Town Board,
the Town Hall, and believe you me there's been an awful lot of bantering going
on, and it's very early for the campaigns, and believe you me, I'm sure that
things will settle down sooner or later, but I had the opportunity this weekend
to work on a personel project called, Proud of my Kids. I figured I might as well
name it, because we seem to name everything else that's going on, and that's what
I do, when I'm not around here. I had the opportunity to go to Ohio, and watch
my daughter.in a collegiate horse show. It was National Intercollegiate horse
show held by the Intercollegiate Horse Show Association. It was a Lake Erie College
in Ohio. My daughter has been riding since the age of seven, and the only
reason I'm bringing this up is I'm so blasted proud I just want to tell the whole
world. There are seventeen zones, that this country is carved up into, according
to the Intercollegiate circuit, and the high point winner in each one of the zones,
of which there were seventeen, were all sent to this horse show, which my
daughter was one of them. Well, it was a very, very tense day for us. We sat
throughout, watched the whole thing, and I don't think I was breathing for the
two or three minutes, that my daughter was going over 'the jumps, but we were
very fortunate that she came in third. The thing that we're most proud of is that
she is a freshman, and the two girls that beat her, I believe, were both seniors
in college. So, like I said, there is a life outside the Town Hall, and believe you
me, it's great to get away once in awhile, and see what life is like outside of a
fishbowl.
SUPERVISOR HARRIS: Congratulations. Is there anybody else, otherwise I'll
entertain a motion to adjourn? (No response.) Have a nice evening. Thank you
for coming..
Moved by Councilman Wickham seconded by Supervisor Harris, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:27 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
f_~ Judith T. Terry ~,/
"Southold Town Clerk