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HomeMy WebLinkAboutTB-07/13/1993162 SOUTHOLD TOWN BOARD JULY 13, 1993 WORK SESSION Present: Supervisor Scott L. Harris (9:40 A.M.-Il:45 A.M.-returned for 4:00 P.M. regular meeting), Justice Raymond W. Edwards, Councilman George L~. Penny, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Clerk Judith T. Terry, Town Attorney Harvey A. Arnoff (9:40 A.M.-Il:45 A.M., 2:15 P.M. through regular meeting), Assistant Town Attorney Matthew G. Kiernan (9:40 A.M.-II:45 A.M., 2:45 P.M.-3:50 P.M.). 9:40 A.M. For Discussion items: (1) Appoi0tment of a Custodian for Town Hall was discussed in Executive Session at 3:00 P.M. (see resolution no. 20~. (2) Amend manner of compensating Board of Assessment Review (see resolution no. 15). (3) Discussed the specifications and conditions for directional signs on Town sign posts, as approved at the June 29th meeting, with Head Building Inspector Thomas Fisher. It was agreed-that, signs would not be permitted if the business is located in a hamlet center, is a home occupation, agricultural - i.e. farm stands, plantings. The specific purpose is for the following tourist related businesses: hotel, motel, marina, restaurant. (4) 'Jetty 'at Goldsmith's Inlet was discussed at 10:30 A.M. with Mr. Donald Stanton. (5) The Board was not able to agree on the I~ayment of a bill rendered by Frohnhoefer Electric Company, Inc. for engineering consultant services for preparation of bid specifications for the generator systems for Police Headquarters and Town Hall. This will be discussed again at the next meeting, at which time Councilman Wickham will offera proposed resolution to deal with the question of preparation of bid specifications. 10:25 A.M. - William Dana met with the Board to request an amendment to the Zoning Code to exempt accessory buildings. He is upset because he was required to obtain a building permit to erect a prefabricated storage shed, and he further objects to the setback requirements. Councilman Penny sympathized with Mr. Dana, stating his lot has unique circumstances - three acres in size which requires a 20 ft. setback from the property line, a[~d would be unsightly. Supervisor Harris advised Mr. Dana that a shed is a permanent structure, therefore, must abide by building permit and setback requirements. He told him he has the right to apply to the Board of Appeals for a variance. Mr. Dana said he is aware of that, but thought the Town Board could issue a waiver in his case. He was advised that the Town Board does not have waiver rights. 10:50 A:M. - Donald Stanton met with the Town Board to discuss the ongoing condition at Kenny's Beach caused by the jetty at Goldsmith's Inlet, which was constructed in 1964. Mr. Stanton said there are several options to solve the problem: (1) No action. (2) Distribute the sand between Goldsmith's and Kenny's Beach. (3) Apply for permits for some kind of incremental removal of the jetty - 1/3 to 1/2 as favored by the Town Trustees. (4) Seek a joint solution by sitting down with the Peconic Sound Shores people - the property owners to the west. (5) Create a gap in the middle of the jetty to let the sand pass through. Mr. Stanton said the Kenny's Beach Civic Association is asking the Town Board to adopt a resolution to move toward a solution of~ the jetty. It was agreed that the Town Board would convene a meeting with the Town Trustees to discuss the problem. 11:45 A.M. -(Supervisor Harris, 'Town Attorney Arnoff, Assistant Town Attorney Kiernan absent.) For Discussion Items continued: (6) Councilman Penny presented a plan, drawn by Engineering Inspector Richter, for construction of a Roller Blade and Skate Board facility on the Town property just east of the rear parking lot at the Recreation Center on Peconic Lane, Peconic. He said the cost would not exceed $15,000, and the work would be performed by the Highway Department. Councilwoman Hussie questioned the liability of such a facility, and Councilman Lizewski assured her that it is fully covered by the new recreation liability policy. Councilman Wickham asked the Board to wait until the next meeting before adopting a resolution so he could have time to study the plan and look over the site. (7) Set 6:00 P.M., Wednesday, July 28th to interview applicants for the Land Preservation Committee. (8) Request from the Mattituck Park District to use six parking spaces at the Town launching ramp on Mattituck Creek whi!e tl-.e Park Oistrict bulkhead is being repaired (resolution no. 16). (9) Selection of a Planning Board member was discussed in Executive Session at 3:00 P.M., and no action was taken at that time. (10) Letter from the East End Supervisors and Mayors Association to Assemblymen Behan and Sawicki, and Senator LaValie requesting State funding for the purpose of commissioning a financial feasibility study on Peconic County (resolution no. 19). 12:20 P.M. - The Town Board reviewed the resolutions to be voted on at the 4:00 P.M. Regular Meeting.---Councilwoman Hussie asked that the Board send the proposed "Local Law in Relation to Hotel or Motel, Resort" back to the Legislative Committee and all agreed. 1:00 P.M. - Recess for lunch. 2:15 P.M. - Work Session reconvened. Present: Justice Edwards, Councilman 'Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie, Town Attorney Arnoff, Town Clerk Terry. Absent: Supervisor Harris, Assistant Town Attorney Kiernan. ---The Town Board .discussed the William Gasser/American Armoured Foundation, Inc. change of zone petition. EXECUTIVE SESSION -3:00 P.M. - On motio~ of Councilwoman Hussie, seconded by Councilman Lizewski, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff, Town Clerk · Terry.---The Board discussed personnel matters, and at 3:30 P.M. met with Jay Bredemeyer, Town Trustee President, and Donald Dzenkowski, Senior Bay Constable, to discuss litigation. 3:50 P.M. - Work Session adjourned. 164 JULY 13, 1993 REGULAR MEETING A Recjular Meetin9 of the Southold Town Board was held on Tuesday, June 13, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: Good afternoon. It's good to see everyone out. Welcome to the regularly scheduled Southold Town-Board meeting. I need a motion to approve the audit of the bills from July 13, 1993. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the followin9 bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $64,979.39; General Fund Part Town bills 'n the amount of $35,580.20; Nutrition Fund bills in the amount of $3,735.84; Adult Day Care bills in the amount of $224.64; SNAP Program. bills in the amount of $3,098.94; Community Development Fund bills in the amount of $2,000.00; Highway Fund Whole Town bills in the amount of $9,507.75; Highway Fund Part Town bills in the amount of $165,353.31; Generator Capital bills in the amount of $20,968.00; Yard Waste Compost Capital bills in the amount of $20,521.76; Employee Health Benefit Plan bills in the amount of $25,012.61.; Fishers Island Ferry District bills in the amount of $11,502.13; Southold Wastewater District bills in the amount of $1,279.50; Fishers Island Sewer District bills in the amount of $417.91; Southold Agency & Trust bills in the amount of $200.00; Fishers Island Ferry District Agency & Trust bills in the amount of $380.35. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR H~RRIS: I need a motion to approve the June 29, 1993, Town Board meeting minutes. Moved by. Councilman-Wickham, seconded by Councilwoman Hussie, it was RESOLVED 'that the minutes of the June 29, 1993, regular Town Board meeting- be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I make a motion setting July 27, 1993, at 7:30 P.M.-the next .Town Board meeting. Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that. the next recjular meetin9 of the Southold Town Board will be at 7:30 P.M.', Tuesday, July 27, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 2. 1993. 3. 4. 5. Southold Town's Program for the Disabled Activity Report for June, 1993. Southold Town Community Developnient Shellfish Program Update for June, Fishers Island Annual Harbormaster Annual Report for 1993. Southold Town Clerk's Monthly Report for June, 1993. Southold Town Scavenger Waste Treatment Facility Monthly Report for June, 1993. JULY 13, 1993 165 6. $outhold Town Building Department Monthly Report for June, 1993. 7. Justice Frederick J. Tedeschi's Monthly Court Report for June, 1993. 8. Southold Town Planning Board Monthly Report for June, 1993. 9. Southold Town Program for the Disabled July through October events. 10. Southold Town Dog Shelter Monthly Report for June, 1993. 11. Southold Town Justice Edwards' Montly Court Report for June, 1993. 12. Southold Town Police Department Monthly Report for June, 1993. 13. $outhold Town D.A.R.E. Unit Final Report for 1992-1993 school year. 14. Town of Southold Independent Auditors' Report for 1992. 15. Lawrence Healthcare CSEA Benefit Report for June, 1993. 16. Lawrence Healthcare PBA Benefit Report for June, 1993. 17. Councilmen's Reports. 18. $upervisor's Report. Il. PUBLIC NOTICES. 1. New York State Education Department Notice of Public Hearinc~ to listen to testimony concerning the consultants' study of the Suffolk Count.y Supervisory Districts (BOCES). 2. New York State Department of Transportation, Public Information Center, on July 20, 1993 between 2:00 and 8:00 P.M. at the Oysterponds School to present plans for a proposed project to improve Route 25 from Greenport to Orient Point. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 4:30 P.M. to consider petition for Street Improvements on Albacore Drive, Blue Marlin Drive and Dolphin Drive, Town of $outhold, New York V. RESOLUTIONS. .SUPERVISOR HARRIS: At this time, are there any members of the audience, that would like to address this Board on any resolution, that we'll be acting upon in the next few ~inutes? (Nd response.) If not, Councilwoman Hussie would you lead off the first resolution? 1.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, WHEREAS, there was presented to the Town Baord of the Town of Southold, on 'the 1st day of June, 1993, a proposed Local Law No. 11 - 1993 entitled, "A Local Law in Relation to Detached Dwellinc~"; and WHEREAS, ithis Local Law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; and .WHEREAS, a public hearing was held on this Local Law on the 29th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it' RESOLVED that the Town Board hereby enacts Local Law No. 11 - 1993, which reads' as. follows: LOCAL LAW NO: 11 - 1993 A Local Law in Relation to Detached Dwelling 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 100-101 (B) (Use Regulations) is hereby amended by adding the following: 15. One-family detached dwellinc~s., not to exceed one (1) dwellinc~ on each lot. II. This Local Law shall ~ake effect upon its filing with the Secretary of State. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman.Lizewski, Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham. This resolution was 'declared duly ADOPTED. COUNCILMAN PENNY: Judy, if I may, at this point, give my reason for abstention. I listed with the Town Clerk some earlier, and also made a public announcement to the Town Board my reasons for abstaining on this Local Law, is that own a business parcel which has a house on it. I find that in voting on this Local Law it might be considered by some that I'm affecting my own property. Being that the property is up for sale it may have added to the value, and may be construed by the public, that I was trying to further my own ends, so I abstain on this. 2.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, there was presente~ to the ?own Board of the Town of Southold, on ~he 1st day of June, 1993, a proposed Local Law No. 12 -1993 entitled, "A Local Law in Relation to Exceptions to Yard Requirements"; and. WHEREAS, 'this Local Law was transmitted to the Southold Town Planning Board and Suffolk County Departmeut of Planning for their recommendations and reports; and WHEREAS, a public hearing was held on this Local Law on the 29th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 12 - 1993, which reads as follows: LOCAL LAW NO. 12 - 1993 A Local Law in Relation to Exceptions to Yard Requirements [3E 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 100-230 (C) (Exceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eie~[~: ~8~:-six (6) feet wide and extend- ing not more than si-x- {-6-) five (-5) feet out from the front wall of the building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries a'nd pbrticos shall be ignored. (3) Permitted projections. In any district,, chimneys on residential, public or semipublic buildings may project into a required .yard to the extent of not more than two (2) feet. In any resiential district, terraces or steps ~~-I~'el~es may project into any required yard, provided that no part thereof is nearer than four (4) feet to any lot line. II. This Local Law shall take effect upon its filing with the Secretary of State. --* Overstrike represents deletion(s) ** Underscore represents addition(s) 2;-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared.duly ADOPTED. 3.-Move~l by Councilman WHEREAS, there was the 1st day of June, Local Law_ in Relation Wickham, seconded by Councilman Hussie, presented to the Town Board of the Town of Southold, on 1993, a proposed Local Law_ No. 13 - 1993 entitled, "A to Fees for Sic, in Permits"; and WHEREAS, this Local Law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; and WHEREAS, a pul~lic hearing was held on this Local Law on the 29th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board'hereby enacts Local Law No. 13 - 1993, which reads as follows: JULY 13, 1993 167 LOCAL LAW NO. 13 - 1993 A Local Law in Relation to Fees for Sign Permits 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 100-201 (Applicability; permit required; application; approval; fees.) is hereby amended by deleting the following subsection 'n its entirety: F. ~ si~ l~?r-mi-t- sh~tl be ~ I~i~- to- ~ o~ a ~wcnty ~~~.25) ~a~e ~ ~ ~ ~Ha~s'~$Sv-). II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, J~stice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Number 4, 'a "Local Law in Relation to Hotel or Motel, Resort" is being held. 5.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of June, 1993, a proposed Local Law No. 14 - 1993 entitled, "A Local Law in Relation to Definitions"; and WHEREAS, this Local Law was transmitted to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; and WHEREAS, a public hearing was held dn this Local Law on the 29th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local law No. 14 - 1993, which reads as follows: LOCAL LAW NO. 14 - 1993 A Local Law in RelatiOn to Definitions 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 adding thereto the following: BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. RETAINING WALL - A structure or barrier the intended use for which is to separate and act as a barrier between two areas of earthen material. II. This Local Law shall take effect upon its filing with the Secretary of State. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, .Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Move'd ~y Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby ~jrants permission to the Cutcho~ue Fire Department to use Moore's Lane, Alvah's Lane and New Suffolk Lane, Cutchogue, as staging and parade route for their 26th Annual Parade a~d Drill to be held on Saturday, July 17, 1993 at 6:00 P.M. (rain date: Sunday, July 18, 1993 at 2:00 P.M.), provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,. Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 168 JULY 13,~1993 7.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. FOUR, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $4,187.96, with regard to the Fishers Island -. Elizabeth Field Airport Runway. 7-25 Overlay project, all in accordance with .the recommendation of C&S Engineers, Inc., the Town's airport consultin9 engineers. 7.-.Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham. Councilman Penny, Justice Edwards, Supervisor Harris. ~This resolution was declared duly ADOPTED. 8.-Moved by Councilman Wickham, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to Pay a s165.00 Eastern Long Island Hospital bill for services incurred on July 29, 1992, and not submitted to them by the hospital until June 30, 1993. 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. -Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Chairman Scott A. Russell, Senior Assessment Assistant Claire Glew, and Data Processin9 Supervisor Jeanne Ruland to attend a RPS User Team Meeting to be held on August 11, 1993, from 9:00 A.~.~. to 12:00 Noon, at the H. Lee Dennison Executive Office Builidng, Hauppauge, and the necessary expenses for meals, and transportation, using a Town vehicle, shall be a legal charge to the Assessor's 1993 Budget. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman-Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. "This resolution was declared duly ADOPTED. 10.-Moved by Justice Edwards, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of. the Town of Southold hereby authorizes and directs Supervisor Scott L: Harris to execute Partial Payment Request No. FOUR, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $4,964.47, with regard to the Fishers Island - Elizabeth Field Airport Runway 12-30 Overlay project, all in accordance with the recommendation of C&S.Engineers, Inc., the Town's airport consulting engineers. JUSTICE EDWARDS: 'This is for the second runway over there. Your Town airport over there has two runways. This is the second one. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, CounCilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards: Supervisor Harris. This resolution was declared duly ADOPTED. 11.-Moved by Justice Edwards, seconded 'by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to engage the services of Robert J. Weingart as an additional part-time Deckhand, effective immediately, at a salar, y of $'5.75 per hour. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the authorization ~ranted by the Board of Commissioners of the Fishers Island Ferry District for the Town Board to accept the bids aod make the final decision for the award of the contract with regard to paving runways 12-30 and 7-25 at Elizabeth Field Airport, and construction of a rock berm adjacent to the 7 end of runway 7-25, all in accordance with the plans and specifications prepared by C&S Engineers, Inc. of Liverpool, New York. JULY 13, 1993 1 6 9 JUSTICE EDWARDS: Just to fill in the audience, the 7 end of runway 7-25 really got torn apart during the last storm we had back in December, and they've decided to build this end of the runway up with a rock berm. They had stones out there, I mean sand that just continually got washed away. There was some obstruction lighting in there, that got washed away in the storm, and now they're going to heavily enhance it with some beach rock. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 29th day of June, 1993, a proposed "Local Law in Relatiori to Standard Yield Requirements"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and the Suf{olk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and Suffolk County Charter; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 27, 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 Standard Yield Requirements BE I'T 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. 'Article XXlll (Supplementary Regulations) is hereby amended by adding a new section 239.-3 as follows: A. Section 100-239.3 (Standard yield requirements.) The standard yield plan shall exclude the following features from consideration as areas contributing to total lot yield: (1) Water surfaces. T|da wetlands and freshwater wetlands as defined by § .97-13 A. (1)'and (2) and B. (1) of the Southold Town Code. (3) Horizontal area of escarpments, bluffs or the seaward faces of primary dunes. Beaches below mean hiqh water as defined by the United States Coast and Geodetic Survey Quadrangle Benchmark Elevations and tidal values for the respective area and any beach lying between the aforementioned mean high-water line and the area referenced in Subsection (3) of this section. Areas required for park dedication pursuant'to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. (6) Areas required for recharge of storm water pursuant to the Subdivision Regulations set forth in Chapter A106 of the Southold Town Code. (7) Areas required for the provision of public highways .pursuant to the Subdivision Regulations set forth ~n Chapter A106 of the Southold Town Code. (8) Areas required for proposed utilities for public facilities, except minor utility easements of direct services to the subdivision. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 1.4.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED' that the Town Board of the Town of Southo!d hereby approves the reduction of the $38,345.00 Letter of Credit for t. he minor subdivision of Adam Associates to a total of $19,172.50, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Liz'ewski, Councilman Wickham,'Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southoid hereby amends their resolution no. 26, adopted at the January 4, 1993 Organizational Meeting, which set the compensation of the members of the Board of Assessment Review, to read as follows: "sets the total compensation for the Southold Town Board of Assess- ment Review at $3,000.00,effective January 1, 1993 through December 31, 1993; members to earn $55.00 per meeting until the level of total compensation is reached.' 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.~Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Park District to use (6) parking spaces for both car and trailer, on the Westphalia Road side of the Town launching ramp at Mattituck Creek, for the period of time the Mattituck Park District's bulkhead, adjacent to the Town ramp, is being repaired. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, .lustice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj budget modification to the General Fund - F~hole Town 1993 ~3udcjet to transfer funds for a programming report required by the Suffolk County Treasurer's Office: To: A1330.4 Receiver of Taxes, Contractual Expenses $ 1,680.00 From · A1330.1 Receiver of Taxes, Personal Services $ 1,680.00 '17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1993 Budc0et modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. items: To: Revenues B2705 Gifts & Donations $ 1,184.00 Appropriations B3157.4 Juvenile Aide Bureau, ContraCtual Expenses $ 1,184.00 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JULY 13, 1993 171 19.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby ~oes on record in support of the proposal of the East End Supervisors and Mayors Association whereby State funding in the amount of $50,000 as a member item ($25,000 from Senator Kenneth P. LaValle, $12,500 from Assemblyman Joseph Sawicki, Jr., and $12,500 from Assemblyman John L. Behan) be set aside to finance the feasibility study on Peconic County, and an additional $50,000 be funded by the various municipalities that are members of the East End Supervisors and Mayors Association. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. .This resolution was declared duly ADOPTED. 20.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John H. Jerome as a Custodian, full-time, for the Southold Town HalF, at a salary o¢ $22,882.76 per annum, effective July 22, 1993. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: I abstain as I didn't interview the people. SUPERVISOR HARRIS: At this time, we'll take a five minute recess until we have a public hearing, which set for 4:30, unless there is any members of the audience, that would like to address this Board on any matter, that may be of concern to you, that you feel may be of concern to this Board in reference to Town matters. This is an opportunity for you now to state your case. ANN LOWRY: My name is Ann Lowry. I would like to speak first on behalf of the New Suffolk Civic Association, and thank the Board members, Scott Harris, and Tom Wickham, who-came to our opening of our new post office yesterday, and celebrated that event with us. It was much appreciated. I would like to speak also, now, on behalf of the North Fork Environmental Council. I know this has come up 'before, and I would like to ask the Board again to address the issue of having minutes from every committee available for public reading. You, Joe, Councilman Lizewski, who visited our Task Force last Thursday night, spoke of the need to have le.§islative intent on some of the recommendations that come from the Task Force, and that's .very important, and I think that minutes of a meeting enhance. They kind of flush out the understanding of the legislative intent. ] think it's very important, also, to have a record of who was ~t the meetinqs, which, also, enhances understanding of why whatever measures were taker~ at that n~eeting were taken. So, I would like to ask the Board to address that issue, again.: Thank you. SUPERVISOR HARRIS: Ann, I've heard this mentioned befo.re. I have taken it under advisement, and I will be working on that for budget for 1994. Is there anybody else? (No response.) We'll take a five minute recess, and at 4:30 we'll come back to our public hearing for the' afternoon. Moved by Councilman Wickham, secon~ted by Justice Edwards; it was RESOLVED that a recess be Called at this time, 4:25 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewsl~i, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meetincj reconvened at 4:40 P.M. SUPERVISOR HARRIS: Ps there anybody else in the public, that would like to speak'on any other matter, otherwise is there any member of the Board that would like to speak before I entertain a motion to recess? COUNCILMAN PENNY: I would like to speak in regard to a meeting, that's being held tonigh~t, that I have been asked to attend. This meeting is being held on behalf of,a political party in the Town of Southold. I've been asked to comment on the actions of Councilman Joe Lizewski. Most recently quoted in the paper regarding an alleg_ed conflic.t of interest, had spoken to Joe some time I~ack, and 1 7 2 Ju,v I will make a full disclosure on my knowledge of this, and exactly what conver- sations transpired between Joe and I. Joe came to me at one point in the spring- time, and said, you know, George' I have a treasury fund, that's left over from my Businness Association, and I'm Iookin9 to pass this on to somebody, and that this money can used by them. I said, Joe, do yourself a favor. Get out of this as quickly as possible. Joe did that. He took the advice. It became public that he was steppin9 out of it, and unfortunately he was charged with a conflict of interest in the papers. Something that is actually impossible to do, because it is only alleged at this point, and no conflict of interest has been proven. I've been asked to attend this n~_eeting by a Counci!man, who in my opinion, and this Councilman is Tom Wickham, has sat in. a very similar situatio~ as Joe's for over two years, and voted on behalf of an organization, that he represented the whole time. He was asked many times during this period of two years about his involve- ment with this organization, and did he feel comfortable being as he was a Trustee of the Peconic Land Trust, to sit there, lobby for the Peconic Land Trust, and to vote on matters. There were two matters, that I recall, one regarding a $6,000.00 fee paid by the Town of Southold for a management contract by the Peconic Land Trust. Another one was for the Peconic Land Trust to represent us in County government, which we were not made aware of at the time, that they would receive a fee of 3% of any of the land acquisitions, that happen in Southold Town as a result of their involvement. This came to us later thr. ough the County. None of this was laid on the table. There, again, I feel that it is a similar situation. I'm not alleging that either one of these people has a confilict of interest, but I find a remarkable resemblance between the situations. I find it difficult that one is accusing the other. I have a high regard for ethics in government, and to attend a kangaroo court on this matter held by a political party. There is no public creditability in a political party's contribution to a Code of Ethics. If there is a shred of sincerity in the Councilman's concern for ethics, would he support the establishment of non-partisan committee to address this issue in a proper atmosphere~ Now, I'll read to you this time a section from the Southampton Code, which felt so seriously about the Code of Ethics, and detaching government' involvement from it, that they removed the Town Attorney as the legal advi'sor to the Board of Ethics. This is what they're addressing right now in Southampton, but their purpose, and I quote, the Town Board finds that the integrity and the objectivity of a Board of Ethics would be best maintained by the establishment of a .Board of Ethics without connections to the governing body of it's municipality, or to it's employees. I don't see any mention here about political parties, so it's obvious that,they wanted no connection to poiitical parties. Therefore it is the intention of the. Town Board to appoint a special council to act as a legal advisory for the Board of'Ethics. If this is the direction that the Town of Southold would like to go in, I'll be .very happy to pursue it, and I will not attend the kangaroo court tonight.' Thank you. SUPERVISOR HARRIS: Anyone else on the Town Board like to address this audience on any matter? .COUNCILMAN WICKHAM: Thank you, George, for drawing this matter to the attention of people. I must say I'm grateful for the opportunity to respond to the allegations that I've had a conflict of interest for serving on the Board of Directors' of the Peconic Land Trust. This matter has been raised several times'. I didn't intend to discuss it tonight, but since I've been accused of it publicly, I shall respond to it. I'd like to begin with a brief description of the Peconic Land Trust for those people who don't know what it is. Peconic Land Trust is basically a conservation not-for-profit organization. .It's headquarters is in Southampton, Long Island, here. The purpose of which is to assist landowners, and municpalities to help preserve land, and to help portions of it in accordance with conservation technics, conservation easements, and other technics that are available through the law, and the State law, as well as Town and County law. Peconic Land Trust has, as it's charter, and part of the Federal statute specifically encourages the Trust to reach out, and seek members of their Boards. The Peconic Land Trust is not the only land trust. There are a number of land tr'usts throughout the United States, and Federal law specifically encourage~, land trusts to seek out municipal elected officals to sit on their boards. Why does law do that? It speci- fically does it; because of the importance of having a liaison, a cooperative spirit between municpalities, and landowners to help in the preservation process of lands, and to help in proper development the environmentally sensitive development of lands, that have some value to the society, and not only to landowner. So, when I was asked to serve on the Board of the Trust I was, at that time, a member of this Board, and after consideration, in fact I discussed it with the Supervisor, and other people, and we saw no conflict in it, and indeed I did that. I want to JULY 13, 1993 173 just mention several things about my period as a Director of the Trust. One is that I was never paid anything for any of the work I did as a Director. Indeed all Directors of the Peconic Land Trust served in a voluntary capacity, so there was never any question about a financial gain of any kind to me, or to my family, and anybody associated with me. I divulged at all times, in all discussions with this Board, and all discussions that the Town of Southold had about the Peconic Land Trust they knew. I did divulge very clearly the fact that I was a sitting Board member of that organization. But, I took the position with the Trust, because I thought the Trust, and I still think the Trust, has quite a bit to contribute in Southold Town. Silversmith Corner here in Southold,you may know, was an acquisition by Southold Town aided, and assisted by the Peconic Land Trust. The Peconic Land Trust has helped those people in Orient who's lands, some of them, have been confiscated by the DEC. The Peconic Land Trust has stood as a bulwark to help those people fight the DEC, and others who would take their lands. !'m pleasedto have been a part of that organization, and I would still be part, I would still be a Board member of that organization if there weren't members-of this Board, who seek to make a political clay out of my participation, but seeing what was happening I resigned about, I guess it was four or five months ago, because it was clear that my participation with the Trust was becoming a impediment, rather than a help. It was becoming an impediment in acheiving the objectives of land preservation, and the objectives of the Trust, so at that time I resigned. How anybody can accuse my role, or can link, or make conparable my role as a Director of a legitimate not for profit conservation agency, to that of a group specifically set up to lobby the Town Board for particular policies, and particular goals acheived for the Town of Southold, is completely beyond me, and that's all I have to say at this time. SUPERVISOR HARRIS: Councilman Lizewski? COUNCILMAN LIZEWSKI: For an organization, who says it's not-for-profitr that doesn't mean that it doesn't pay it's people. People in any not-for-profit organiza- tion can be paid sixty-five, seventy dollars, fifty dollars an hour. The setup doesn't mean that a not-for-profit organization does not receive money for what they do. It simply means that it has different profit at the end of the year, and l~he way it's worked out, but the people who work for the organization certainly do get paid. I would like to say the only difference in my feeling about this thing, is that I've never taken a cent from this organization, nor did I vote on the expenditure of money for an organization, and I would have I refused' myself. This has to do with nothing financial except in the vote of $6,000.00 for Peconic Trust. I don't think it has anything to do with the idea that one organization is any different from the other, except that mine I never had the opportunity to vote as a Town Board member to expend funds for it, and that's the only conflict that I see. SUPERVISOR HARRIS: Any other member like to speak on any subject? (N9 response.) I'd just like to say I won't at this time engage in any debates with Councilman Wickham. There's plenty of time to do that in the upcoming election, and I'll be glad at that. time to debate any issue, that comes before us. I would like to say, that Tom discussed this during Executive Session with me, when I brought it to his attention, but I did not have any conversation prior-to that about him' becoming a member, because I didn't know that he was a member until it was divulged that a membership existed, or a Trustee position existed, and who they were.. But, as I said, this is not the time'and place, certainly, to discuss what is, or isn't, a conflict. There are procedures in place. I'll be glad, as I said, in the time to come, the months to come, to debate any issue that comes before us intelligently, and in the proper form. With that, I~11 entertain a motion to adjourn? Moved by Justice Edwards,' seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 4:50 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. Thi~ resolution was declared duly ADOPTED. Judith T. Terr~- Southold Town Clerk~