HomeMy WebLinkAboutTB-11/24/1992232
SOUTHOLD TOWN BOARD
NOVEMBER 24, lg92
WORK SESSION
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 Attorney Harvey A. Arnoff, Assistant
Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:45 A.M. - For Discussion Items; (1) Receipt of an application from Thomas
McCarthy, Southold, offering to serve on the Suffolk County Fast Track Advisory
Panel. Supervisor Harris will submit his name for consideration. (2) Town Board
decision to increase per gallon disposal fee for scavenger waste from $.02 to $.03,
effective January 1, 1993 (see resolution no. 12). (3) Letter from Art Ross,
Chairman of the Land Preservation Committee, asking to meet with the Town Board
to discuss the Fort Corchaug property. A meeting of representatives of the Town
Board, Planning Board, Mr. Ross, and Walter Smith, will be arranged by the Town
Attorney.
10:15 A.M. - Town Board met with Senior Planner Valerie Scopaz, Planner Me!issa
Spiro, and Site Plan Reviewer Robert Kassner, to discuss the responsibilites of
the Planning Board staff to Town. government in general. Ms. Scopaz outlined the
duties described to her at the time of hiring, which provided that she work half
of her time for the Planning Board, and the remainder of her time on projects for
the Town Board, as well as the Board of Appeals and Town Trustees. At the
present time, Ms. Scopaz advised, she spends the majority of her time assisting the
Planning Board. At the conclusion of the discussion it was agreed the Town Board
would schedule a meeting with the Planning Board for further discussion on this
subject.
11:15 A.M. -~'For Discussion Items (continued): (4) Board decided to hold a final
1992 Town Board meeting on December 22nd; 9:30 A.M. Work Session, 11:30 A.M.
Regular Meeting. (5) Reviewed proposed 1993 Community Development Budget and
Suffolk County Community Development Consortium 1993 Community Development
Competitive Grants Program Budget with Director of Program Evaluation James
McMahon (see resolutions 15 & 16). Justice Edwards asked the Town Board to
consider the purchase of 100,000 seed scallops for Fishers Island, at a cost of
$2,000.00, which are currently available from Steve Malinows_ki of Fishers Island.
Board agreed to the purchase, and will take the funds from the Town Board 1992
budget line. (7) Discussion of the Planning & Zoning Committee agenda.
Councilman Wickham said he would like to see that committee meet on a more regular
basis and begin to review the following items with the various boards: (1) minor
subdivisions, (2) fire wells, (3) affordable housing, as well as the aquaculture
issue. Councilman Penny said he would like to see the Planning & Zoning Committee
take up the issue of farmstands, and compliance of signs. Councilman Wickham said
a further important issue is a clear cut water management plan. Councilwoman
Hussie asked that the Town Board meet with the various Boards before the Planning
& Zoning Committee begins to work on the aforementioned issues. (8) Town Board's
· charge to the Southold Town Stewardship Task Force, was discussed following the
lunch recess. (9) Receipt of a request to the Town Board, from William C.
Goggins, Esq., attorney for Arthur Carlson, Lower Road, Southold, for the Town
Board to change the' Zoning Code and determine that aquaculture is within the
purview of agriculture. Councilman Wickham will advise Mr. Goggins that it was
a consensus of the Town Board that it is an issue for the Town to look into, and
NOVEMBER 24, 1992
233
initial discussion pertaining to this question will be conducted by the Planning &
Zoning Committee as a broad policy relating to aquaculture. (10) Receipt of a
request from J. Kevin McLaughlin, Esq., representing Richard Goodale, owner of
Mattituck Auto Center, Inc., requesting an opportunity to address the town Board
regarding Article X, Section 100-101B(12) of the zoning Code which mandates that
"sale of used vehicles or boats shall be conducted only as accessory to the sate of
new vehicles or boats". The Board of Appeals recently made a decision in regard
to a special exception application filed by Mr. Goodale, and Mr. McLaughlin would
like to discuss the possibility of amending that section of the code to allow sale of
used vehicles, without the necessity of doing so as accessory to the sale of new
vehicles. Assistant Town Attorney Kiernan will request additional information from
the Board of Appeals as to whether the ZBA's decision is final or is considered still
pending, and the question of the Town Board's policy concerning discussion of
matters which are properly in the province or the discretion of other boards. (11)
Fishers Island Metal Dump Remediation Plan. Supervisor Harris will arrange a
meeting between the Town Board and Tony Conetta of D&B for discuss this subject.
(12) Town Clerk presented a proposed calendar for 1993 Town Board Meeting Dates.
Board approved. (13) Receipt of an appeal from William D. Moore, Esq.,
representing Tony Kostoulas, under the Coastal Erosion Hazard Board of Review
provision of the Chapter 37 of the Code. The Town Board, as the Board of Review
has the authority to hear, approve, approve with modification or deny request for
variances or other forms of relief from the requirements of the Coast Erosion Hazard
Areas Law. Assistant Town Attorney Kiernan will schedule a hearing on this
application for early January, 1993. (14) Petition containing 1,140 signatures
asking the Town Board to request the NYS-DOT to conduct a traffic survey on
Route 25, Mattituck, to determine the need for a traffic light (see resolution no.
17). (14) Letter from Marie Ongioni, Esq., protesting the late submission of late
response to her opposition papers on the William Gasser change of zone petition.
The Board agreed they would give Ms. Ongioni additional time to respond to the
response papers of Daniel Ross, attorney for Mr. Gasser. (However, Carmela
Borrelli, representing Ms. Ongioni, filed their papers during the lunch break and
this matter was resolved). (16) Request from Griswold-Terry-Glover American
Legion Post asking that a $100.00 building permit fee paid by them in October be
refunded as they are a not-for-profit organization, and fall under a provision of
the Zoning Code which exempts them. However, in reviewing the code, it was
determined that "no fee shall be required of or paid by taxing entities or disticts,
including but not limited to fire districts, school districts and the like". It was
determined the legion does not fall within this category, and therefore must pay the
building permit fee.
12:55 P.M. - Recess for lunch.
2:25 P.M. Work Session reconyened, and the Board continued For Discussion
Items: (8) Charge to the Southold Town Stewardship Task Force. Board agreed
they would like to meet with Richard Hilary, Chairman, of the Task Force, for a
brief Overview of their progress, and what, if any, recommendations they might have
at this time.
EXECUTIVE SESSION
2:40 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham,
Councilman Lizewski, Councilwoman Hussie. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Clerk Terry .---The Board discussed
litigation and personnel.
3:25 P.M. For Discussion Items (continued): (17) Authorize attendance at the
Association of Towns in New York City in February, 1:993 (see resolution no. 19).
(18) Authorize Supervisor to execute a Deed of Easement (see resolution no. 20).
3:30 P.M. - Board reviewed resolutions to be voted on at the 4:00 P.M. Regular
Meeting.
3:35 P.M. -Work Session adjourned.
234
REGULAR MEETING
A Rec3ular Meetinc~ of the Southold Town Board was held on Tuesday,
November 24, 1992, 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: It's nice to see you all this afternoon. I need a motion
to approve the audit of the bills from November 24, 1992.
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $76,274.46; General Fund Part Town bills
in the amount of $53,746.58; Nutrition Fund bills in the amount of $900.00; Adult
Day Care bills in the amount of $294.95; SNAP Program bills in the amount of
$2,905.25; EISEP Program bills in the amount of $198.00; Community Development
Fund bills in the amount of $35,397.40; Highway Fund Whole Town bills in the
amount of $14,757.94; Highway Fund Part Town bills in the amount of $21,830.08;
Employee Health Benefit Plan bills in the amount of $36,319.99; Fishers Island
Ferry District bills in the amount of $80,326.44; Southold Wastewater District bills
in the amount of $23,556.34; Fishers Island Sewer District bills in the amount
of $141.85; Southold Agency & Trust bills in the amount of $4,981.36; Fishers
Island Ferry District Agency & Trust bills in the amount of $418.51.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes of November 10,
1992, of the regularly scheduled Town Board meeting.
Moved by Councilman Lizewski,'seconded by Councilman Penny, it was
RESOLVED that the minutes of the November 10, 1992, 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 need a motion to approve the minutes of November 19,
1992, a Special Town Board meeting.
Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the November 19, 1992, Special 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 need a motion to approve the next Town Board meeting
set for December 8, 1992, at 7:30 P.M.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the next rec~ular meeting of the Southold Town Board wil be held
at 7:30 P.M., Tuesday, December 8, 1992, 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.
NOVEMBER 24, 1992 2 3 5
SUPERVISOR HARRIS: At this time, I'd like to present a proclamation to one
of our fine community oriented groups, that we have, known as East End Com-
munity Services. This is in recognition of Home Care Week. A provider such
as East End Community Service goes beyond saying, the benefits to a community
such as Southold, and Stan Searle is here, who is the Executive Director. Would
you come forward, and let me read this proclamation, and I'd like to present this
to you at this time.
Moved by Supervisor Harris, seconded by The Entire Town Board,
WHEREAS, Southold Town's citizens of all ages and economic levels are concerned
about high-quality, affordable, long-term health care; and
WHEREAS, home care provides a wide range of these needed health and supportive
services to the ill, elderly, disabled and infirm in their own homes; and
WHEREAS, the concept of home care is the oldest and most enduring tradition
of health service delivery in the United States of America; and
WHEREAS, as our citizens require more in-home care, EAST END COMMUNITY
SERVICES, INC., a local not-for-profit agency, is meeting this challenge by
providing services ranging from assistance with personal care to high-tech intra-
venous drug therapies; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby proclaims November
29 through December 5, 1992 as "HOME CARE WEEK" in the Town of Southold,
and urges the citizens of Southold Town to recognize the efforts of home care
providers, and the families and friends of the elderly and disabled who provide
such important services in the home.
DATED: November 24, 1992.
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: Stan, it's indeed a pleasure to have you as part of the
tradition of Southold Town, and have your service. Thank you very much for
your work, and please, never give up the fight, because as you know in Southold
Town home health care is, without a doubt, a very cost saving measure in these
economic times.
I. REPORTS.
Southold Town Trustees' Monthly Report for October, 1992.
Supervisor's Monthly Budget Report for September, 1992.
Supervisor's Monthly Budget Report for October, 1992.
Southold Town Police Monthly Report for October, 1992.
Councilmen's Report..
Supervisor's Report.
II. PUBLIC NOTICES. None.
III. COMMUNICATIONS.
IV. PUBLIC HEARINGS.
None.
2.
3.
4.
5.
6.
7.
or Walls"
8.
9.
10.
Rent".
11.
12.
13.
4:30 P.M., "A Local Law in Relation to Hotel-Motel Parking Permits"
4:32 P.M., "A Local Law in Relation to Setback Requirements".
4:35 P.M., "A Local Law in Relation to Signs".
4:40 P.M., "A Local Law in
4:42 P.M., "A Local Law in
4:45 P.M., "A Local Law in
4:47 P.M., "A Local Law in
4:50 P.M., "A Local Law in
4:52 P.M., "A Local Law in
4:55 P.M., "A Local Law in
Relation
Relation
Relation
Relation
Relation
Relation
Relation
to Special Exception Uses".
to Parking by Permit Only".
to Berms".
to Height Requirements for Fences
to Open Storage".
to Prohibited Uses".
to Fishers Island Sewer District
4:57 P.M., "A Local Law in
5:00 P.M., "A Local Law in
5:02 P.M., "A Local Law in
Relation
Relation
Relation
of Fishers Island Mooring Fees".
to Landfill Tipping Fees".
of Permit Fees".
236
NOVEMBER 24, 1992
V. RESOLUTIONS.
SUPERVISOR HARRIS: We have a number of resolutions before us today, and
around thirteen public hearings, a rather large agenda, and before we start the
business of the afternoon in reference to resolutions, are there any members of
the public that would like to speak on any resolutions, we'll be acting upon in
the next few minutes? (No response.) Hearing none, Judge Edwards, why don't
you start us off today?
1.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Commissioner of Public Works Raymond L. Jacobs to install a street light on
LILCO Pole No. 8, Wells Road, Mattituck, New York.
1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Resolution #2, resolution designating individuals to review
Employees Deferred Compensation Plan, is being held.
3.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
resolution no. 29, adopted on November 10, 1992, by withdrawing their appoint-
ment of John Sumpter as an aide for both the Home Aide and Expanded In-Hdme
Services for the Elderly (EISEP) Programs, all in accordance with the recommenda-
tion of Venetia McKeighan, Director of Human Services for Southold Town.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
installation of a new telephone line at Southold Town Police Department Headquarters,
Peconic, at a cost of $1,041.83 to the Southold Town Trustees Contractual Expenses
Account, A8090.4; said telephone line, 734-2526 (734-CLAM), has been installed
to provide information concerning the clamming conditions in the various creeks.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We're hoPing that this Clam phone number, 734-CLAM,
will really be providing a servic-e to the many, many individuals in Southold Town,
who earn a living both primarily, and secondary off the bays, and tributaries,
in Southold Town. We've had many, many individuals over the years ask for a
telephone number like this, and the Trustees have initiated it, and I'd like to
congratulate the Trustees for moving in this direction. We know that this will
be a tremendous advantage for many people to call up early in the morning, and
hear on a dedicated line, where they tape whether conditional shellfish openings,
and going to be open or not throughout months when conditional shellfishing takes
place in Southold Town.
5.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a
refund to Spitaliere Construction in the amount of $236.25, which amount is owing
to this corporation, because after obtaining Building Permit #21062-Z for a property
in the flood water area, they decided not to construct a full cellar foundation;
said refund is in accordance with the recommendation of Principal Building
Inspector Lessard.
5.-Vote of the Town 13oard: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby confirms their
resolution no. 1, adopted on October 26, 1992, setting the fee for the issuance
of a resident non-commercial landfill permit at $25.00; and be it
FURTHER RESOLVED that effective upon the issuance of the 1993 permits, the
fee for the issuance of a second resident non-commercial landfill permit, issued for a
vehicle registered to the same address as the first, and in accordance with the
provisions set forth in Chapter 48 (Garbage, Rubbish and Refuse) of the Code
of the Town of Southold, shall be $10.00, provided the application for the second
permit is made at the same time as the application for the first permit.
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.
SUPERVISOR HARRIS: Again, this Board has responded to the many requests
throughout the years for those individuals, who have two cars, to be able' to
recieve a second permit for that additional vehicle at a substantially lower cost,
and this Board has provided that service. We hope it will be beneficial for those
who need it.
7.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with the
provisions of Chapter 65 (Parking at Beaches) of the Code of the Town of
Southold, hereby increases the permit fees for the following Beach Parking Permits:
Resident
Lessee
Guest
Hotel-Motel
Daily (Weekday)
Daily (Weekend & Holiday)
from $5.00 to $6.00
from $25.00 to $30.00
from $20.00 to $25.00
from $15.00 to $20.00
from $10.00 to $12.50
from $15.00 to $20.00
(plus tax)
(plus tax)
(plus tax)
(plus tax)
(plus tax)
(plus tax)
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
on this date a proposed Local Law entitled, "A Local Law in Relation to Disposal
Fees"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, December 8,
1992, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearing on the aforesaid proposed Local Law which reads as follows,
to wit:
A Local Law in Relation to Disposal Fees
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter ~8 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold as follows:
1. Section ¢8-4A is hereby amended to read as fOllows:
(5)
Per-lOad fee Of ~we~-tt3~-f~e d~+Paw~-($~5=~ thirty
dol'lars ($30) for each single-axle truck which does not
possess a permit.
(6)
(7)
Annual fee of f~f~¥-d~s-($5e=-) sixty dollars ($60.)
for each commercial vehicle transporting liquid septic waste,
together with an additional fee of ~wo-cen~,$ ($e=e2-}
three cents ($0.03) for each gallon of liquid ~vaste discharged.
Annual fee of F~f{¥-d~l~w-s-{$-~e~-) sixty dollars ($60.)
for each commerCial contractor's vehicle of less than one-ton
maximum gross vehicle weight.
(8)
Annual fee of ~f~¥-do+l~r~-{$se~) sixty dollars ($60.)
for each farm vehicle of one-ton or more capacity transporting
agricultural waste.
(9)
Per-load fee of f~f~¥-d~Fa~--($5e=;) sixty dollars
($60.) for each double-axle truck which does not possess a
permit.
10) Annual fee of tw~-bun~lce~-~Hars-{$~Oe=} two hundred
and twenty dollars (220.) for eachs ingle-axle vehicle
transporting solid waste (garbage).
(11)
(12)
(13)
Annual fee of tw~-httndre~l d~-H-'a-~s-($EOO,-~ two hundred
and twenty dollars ($220.) for each commercial contractor's
vehicle of more than one-ton capacity.
Annual fee of ¢k/~ htrndre~ d~rl~rr's- six hundred
dollars ($600.) for each double-axle and/or compactor-type
vehicle transporting solid waste (garbage).
Annual fee of Five-h~'nd~ d~-I-I-~-r~-($568=-) six hundred
dollars ($600.) for each commercial contractor's double-axle
and/or tractor-trailer combination of more than one-ton,
capacity.
II.
2. Section 4~,-~C is hereby amended to read as follows:
Effective January 1, 1993, in addition to the fees established
in 'Sections 48-0,A and B, there shall be a fee of
cl~+l-a~e- {$5=~ ten dollars ($10.) per item on appliances,
including but not limited to white goods, refrigerators,
washers, dryers, stoves, dishwashers, ovens and the like.
This Local Law shall take effect upon its filing with the Secretary of --
State.
* Overstrike represents deletions
** Underscore represents additions
8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
· Councilman Wickham, Councilman Penny, JUstice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Supervisor Harris,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 10th day of November, 1992, a proposed Local Law entitled, "A Local Law
in Relation to Accessory Buildings"; and
WHEREAS, this proposed.Local Law was transmitted to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations and
reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, December 8,
1992, Southold Town Hall, Main-Road, Southold, New York, as time and place
for a public hearinq on the aforesaid proposed Local Law which reads as follows,
to wit:
A Local Law in Relation to Accessory Buildings
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 100-33 (Accessory Buildings) is hereby amended by addin~
thereto Subsection C to read as follows:
C. In the case of a waterfront parcel, accessory buildinqs and
structures may be located in the front yard, provided such
buildings and structures meet .the front-yard .set back
requirements as set forth by this code.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents addition(s)
LEGISLATIVE INTENT Recognizing that it is not always in the best interest
of the Town, environm~-ntal and otherwise, to permit accesso_ry buildings or
structures to be placed in the rear yard of waterfront parcels, while at the
same time recognizing that the owners of these parcels should enjoy the same
rights to utilize their property as do owners of non-waterfront parcels, the
Town Board seeks, through this amendment, to permit owners of waterfront
parcels to place accessory structures within the building envelopes of their
front yards. ~.
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.
NOVEMBER 24, 1992
239
10.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed Local Law entitled, "A Local Law
in Relation to Affordable Housing"; and
WHEREAS, this proposed Local law was transmitted to the Southold Town Planning
Board and the Suffolk County Department of Planning for their recommendations
and reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, December 8,
1992, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearinq on the aforesaid proposed Local Law which reads as follows,
to wit:
A Local l_aw in Relation to Affordable [lousing
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-51 (Definitions) is hereby amended to read as follows:
MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit
reserved for rent or sale to a moderate-income family and for which
the maximum monthly rent (excluding utilities) or the maximum
initial sales price does not exceed the maximum rent or maximum
sales price set forth in Section 100-56E hereof. In no event shall
the purchaser of said dwellinq unit be responsible for the payment
of any utility hook-up fees includinq those customarily charged
for bringing same from the lot line to the dwelling hoUse.
MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot
reserved for sale to a moderate-income family and for which the
maximum initial sales price, inclusive of the cost of providing
public water and/or:public sewer service to the lot, does not
exceed the maximum sales price set forth in Section 100-56E
.hereof. Said unimproved lot shall mean a vacant parcel of real
property designated as a lot on a filed map inclusive of all
utilities brouqht to the property line.
UTILITIES - Utilities under this Article shall be defined as
electric, gas (if provided to the subdivision) telephone and
water. Cablevision shall be provided without cost only to
the lot line.
2. Section 100-55A of the Code of the Town of Southold is hereby
amended to read as follows:
Application Procedure. The procedure for planning and
zoning approval of any future proposed development in an
AHD District shall involve a ~w~-st~g~-three-stacje
review process as follows:
(1)
Approval by the Town Board of a preliminary development
concept plan. an~'- ~he ~on~-nglre~-~s~J~f~on-of ~1
(2) Approval of the final, detailed si~e-p+mn and-
subdivision, plat mpl~l:~f~ reqtHred:- by the
Planning Board. *
(3) The zoninq reclassification of a soecific parcel or
parceJs of land for development in accordance with that
plan. *
The town shall, in all instmnces, process (2) and (3) above concurrently
so as to enable the municipality to utilize a single SEQRA process and
conduct a coordinated review of the entire application.
3. Section 100-55B CB) (g) is hereby deleted in its entirety as follows:
Section 100-55B(6) (fees) is hereby added to read as follows:
Fees. - Notwithstanding anythincj to the contrary, the
fees applicable to AH D zoning application processes shall be
as foitows:
There Shall be no fee for the submission and
(a_)
consideration of a preliminary development concept plan.
(b) The fee far change of zone shall be five hundred dollars
($500.00).
(c) The subdivision fees shall be assessed in the following
manner: fifteen dollars ($15.00) for each proposed
dwelling unit or five hundred dollars ($500.00) which
ever is c~reater.
(d)
The applicant shall be responsible for any professional
review fees necessarily incurred by the Town in
conducting its coordinated review of the application.
Section 100-55F(2) of the Code of the Town of Southold is hereby
amended to read as follows:
(2) (a)
(2) (b)
App~YaF-of- Upon request to the Town Board on
notice to the applicant and for cDood cause shown, the
establishment of an AHD District ~h~+l-exl~i?e may be
revoked ~we+¥e ~ {~2~ af~ ~he date of
~ ap~-thereof ~ ~he a~ Hm~-n~ rece~
ex, re eighteen (18) months after said Town Board
approval thereof if work on the site has not commenced
or the same is not being prosecuted to conclusion with
reasonable diligence.
The Town Board, upon nl~p4i~z~ion-request of the
applicant and upon good cause being shown, may, in the
exercise of its discretion, extend I~crth-oF the above
time
· per'-l-od~ of n~ mol'~ t-hmn-~Fx: (6~ mol~Ur~ each-: In the
event of the exl~i?ntio~r revocation of approval as
herein provided, the AND District shall be deemed revoked,
and the zoning classification of the property affected thereby
shall revert to the zoning classification that existed on the
property immediately prior to the establishment of the AHD
District thereon, and the Town Clerk shall cause the Official
Zoning Map to be amended accordingly.
6. Section 100-55G is hereby amended to read as follows:
G. S½t~ P+~n and-Subdivision plat approval by the Planning
Board.
7. Section 100-56D is hereby amended to read as follows.:
Eligibility. In each AHD, the sale or lease of dwelling units and
unimproved lots reserved for moderate-income families, who have
not had any ownership interest in any residence or vacant lot for
the past three (3~ ye,?s-five (5) years, shall be allocated
on a priority basis, in the following order:
NOVEMBER 24, 1992
241
8. Section 100-56F(4)(b) is hereby amended to read as follows
Year of Resale Percentage Percentage
After Purchase To Owner To Town
1st 0% 100%
2nd 20% 80%
3rd 40% 60%
4th 60% 40%
5th 80% 20%
6th 9O% 10%
7th or beyond 100% 0%
Section 100-57C(8) (Covenants and Restrictions) is hereby added to
read as follows:
(8)
The only covenants and restrictions which may even be placed
upon any lot or dwelling unit in an AHD District must be
first approved by action of the Town Board.
10. Section 100-59 (Violations) is hereby added to read as follows:
Any violation of any provision of this article shall be punishable
in the following manner:
1st offense - By a fine of not less than one thousand dollars
($1,000.00) nor more than five thousand dollars ($5,000.00).
II.
2nd offense and for any offense thereafter by a fine of not less
than five thousand dollars ($5,000.00) and not more than ten
thousand dollars ($10,000.00) for each offense.
This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Underscore represents additions
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lize~ski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution was declared duly ADOPTED.
COUNCILMAN WICKHAM: I' find a number of things in here, that I just don't
think they're in the interest of.the Town. I don't support it.
SUPERVISOR HARRIS: I support setting the public hearing, so the public can
be hear on this Local Law change.
ll.-Moved by Councilman Lizewski, seconded by Councilman Wickham, it was
RESOLVED that: the Town Board of the Town. of Southold hereby authorizes the
Town Board to advertise for bids for the purchase of one (1) Used Tractor
Loader for the Superintendent of Highways.
11,-Vote of t'l~e Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED,
1.2.-Moved by Councilwoman Hussie, seconded by Supervisor Harris,
WHEREAS, under Chapter 75 (Scavenger Wastes), Article VIII, Disposal Fees,
of the Code of the Town of Southold, The Town Board shall, by resolution, set
the fee for the transporting to and the disposing of scavenger waste et the
Southold. Scavenger Waste Pretreatment Facility; and
WHEREAS, the current Disposal Fee is $.02 per gallon, and shall be calculated
on full-tank capacity and shall be applied against.the operation and maintenance
costs of the facility; now, therefore, be it
RESOLVED that the Town Board hereby increases said $.02 per gallon, fee to
$.03 per gallon fee, effective January 1, 1993.
12.-Vote of the Town Board: A~,,es: Councilwoman Hussie, Councilman Lizewski,
Councihnan Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Justice Edwards, seconded by Councilman ~)/ickham, it was
RESOLVED that the Town 13nard of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1992 Budget to
cover overdrawn line items:
To:
A1670.4 Central Mailing & Copying $ 8,000.00
A3310.4 Traffic Control, Contractual Expenses 500.00
A7180.4 Beaches, Contractual Expenses 1,000.00
A7510.1 Historian, Personal Services 1,000.00
From:
A9010.8
NYS Retirement
13.
$ 10,500.00
-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.
-Moved by Justice Edwards, seconded by Councilman ~¥ickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinq budget modification to the Fishers Island Ferry/ District 1992 Budqet
Capital Grant - Federal Goverment
Elizabeth Airport
Serial Bonds, Interest
to cover overdrawn line items:
To:
Revenues:
SM.4097
Appropriations:
SM.5610.4
SM.9710.7
From:
$ 151,000.00
$ 151,000.00
100.00
Appropriations:
SM.5711.4 Office Expenses, Contractual Expenses $ 100.00
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of $outhold hereby adopts the
followin~ 1993 Community Development Budget:
Southold Town Housing Rehabilitation and Home Improvement Program:
Rehabilitation of private homes of Iow/middle income families ... $ 95,000.00
Public Service Program:
Rent & space cost for North Fork Housing Alliance .............. 10,200.00
Emergency Food Pantry ......................................... I0,800.00
Family Self-Sufficiency Program:
Social worker and application fees to support the
Section 8 Program (50 families) ............................... 10,000.00
Housincj Counseling Salary:
Provide relocation, mediation-placement apphcation
and technical assistance ..................................... 22,000.00
Administration:
Administration of Community Development Program .............. 15,000.00
Total Budget: ............. 163,000.00
AND BE IT FURTHER RESOLVED that Supervisor Scott L. Harris be and he
hereby is authorized and directed to execute the Project Description for the 1993
Community Development Budget.
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 Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of. Southold hereby authorizes and
directs Supervisor Scott L. Harris to submit to the Suffolk County Community
Development Consortium the following 1993 Community Development Competitive
Grant(s) Program Budget in the following order of priority: Human Services Center - Transportation:
Purchase three (3) vans for the Human Services Center,
benefiting Iow income and elderly ........................ $ 60,000.00
Child Care Services:
Provide assistance to a not-for-profit agency for child day
care services to Iow/middle income families ................. 5,800.00
Economic Development Assistance:
Assistance to individuals (Iow income) in the Family
Self-Sufficiency Program (Small Business Loans) ............ 10;000.00
NOVEMBER 24, 1992
243
Multi-Family Affordable Housing Program:
Costs associated with the acquisition of multi-family
existing housing ........................................... 10,000.00
East End Seaport and Marine Museum:
Financial support in the construction associated with the
development of the East End Seaport and Marine Museum ...37,500.00
Human Understanding and Growth Seminars Inc. (HUGS):
Not-for-profit, community based, educational agency,
financial support, through scholarships, for Iow/moderate
income students to attend seminars ........................ 10,000.00
Total Budget $133,300.00
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penn,v, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the
New York State Department of Transportation to conduct a traffic survey on NYS
Route 25, Mattituck, in the vicinity of the Mattituck A&P Shopping Center, for
the purpose of determining the need for a traffic light at that site.
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.
SUPERVISOR HARRIS: I'd like to take this moment to thank those individuals,
who put together the petition drive to have this area looked at. As far as
conducting a traffic study, there was a tremendous amount of time involved in
getting petitions, and having someone stay there, and get them signed up, and
collecting them, and presenting them, and I think Mr. Siegmann is in the back
of the room, and, Ed, at this time, you did a great job on getting those signa-
tures together. We'll see if the State of New York, what their proposal will be
based on the recommendations.
ED SIEGMANN: We received 1,140 names.
18.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board fo the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to submit the 1993 Division for Youth Program
Applications to the Suffolk County Youth Bureau for the Juvenile Aide Bureau
and the Southold Town Recreation Program.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby, authorizes the
followincj individuals to attend the Annual Meetincj of the Association of Towns
on February 14, 15, 16, 17, 1992 at the New York Hilton, New York City, New
York:
Supervisor Scott L. Harris
Board of Appeals Member Serge Doyen, Jr.
Town Justice Frederick J. Tedeschi
Town Justice William H. Price, Jr.
Councilwoman Alice J. Hussie
Assistant Town Attorney Matthew G. Kiernan
AND BE IT FURTHER RESOLVED that the following individuals are authorized to
attend the Association of Towns on a day trip basis and pay a late registration
fee should they attend:
Assessor Chairman Scott A. Russell
Assessor Robert I. Scott, Jr.
Assessor Darline J. Duffy
Board of Appeals Member James Dinizio, Jr.
Board of Appeals Member Richard C. Wilton
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
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.
COUNCILWOMAN HUSSIE: I would like to say, also, at this time, that you'll
notice that the list is c~uite a bit smaller, shorter rather, than it was last year.
We took great care in making sure, that we had people go who absolutely had
to, or absolutely wanted to.
20.-Moved by Councilman Lizewskir seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Scott L. Harris to execute a Deed of Easement from the Town of
Southold to Joanne Perez granting use of a twenty foot (20') wide right-of-way
to allow access From parcel designated as SCTM ~1000-79-06-3.7 to a public road
(northeast corner of Liberty Lane and Colonial Road, Southold).
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Liz~wski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21.-Moved by Supervisor Harris, seconded by Councilman Penny,
WHEREAS, there has been presented to the Town Board of the Town of Southold
on this date a proposed Local Law entitled, "A Local Law Amending the Commence-
ment Date of a Retirement Incentive Program as Authorized by Chapter 643, Laws
of 1992, for Eligible Employees of the Town of Southold"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:07 P.M., Tuesday, December 8,
1992, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearing on the aforesaid proposed Local Law, which reads as follows,
to wit:
A Local Law Amending the Commencement Date
of a Retirement Incentive Program
as Authorized by Chapte~ 643, Laws of 1992
for Eligible Employees of the Town of Southold
BE iT ENACTED, by the Town Board of the To~vn of Southold, as follows:
I. Local Law No. 16 of the year 1992 of the Town of Southold entitled "A
Local Law in Relation to Electing a Retirement Incentive Program as
Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the
Town of Southold", is hereby amended to read as follows:
1. Section 2 is hereby amended to read as follows:
Section 2. The commencement date of the retirement incentive
program shall be Septem~e~-~-~r-t-~2-October 3, 1992.
II. This Local Law shall take effect immediately.
21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: They say that timing is everything, and here it is 4:30
P.M. I need a motion at this time to recess to go into the public hearings.
Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time,4:30 P.M., for the purpose of
holding public hearings.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meetincj reconvened at 5:35 P.M.
SUPERVISOR HARRIS: Before we move on to the public session of this meeting,
are there any Local Laws, that we have just heard, that you would like to act
upon? I'll start with the first one of evening, a "Local Law in Relation to Hotel-
Motel Parking Permit".
22.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed Local Law No. 19 - 1992 entitled,
"A Local Law in Relation to Hotel-Motel Parking Permits"; and
WHEREAS, a public hearing was held on said proposed Local Law on the 24th day.
of November, 1992, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law
No. 19 - 1992 which reads as follows, to wit:
LOCAL LAW NO. 19 - 1992
A Local Law in Relation to Hotel-Motel Parking Permits
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 65 (Parking At Beaches) of the Code of the Town of Southold
is hereby amended to read as follows:
1. Section 65-3 C(3) (Hotel-Motel parking permits) is hereby
amended to read as follows:
(3) Hotel-motel parking permits shall be transferable and shall
be +~ed +n a ¢tea~ t~-t+e-ea~e-and ~g~ t~
H~-~-~~. displayed on the dashboard on the
passenger s~de of the vehicle. The owner or ~anager to
whom such permits are issued shall make no charge for the
use of such permits by such 5uests, but may require a
deposit n~ e~cee~ {~ ~H~ {~=~, to ensure return of
a permit.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions.
** Underscore represents additions.
22.-Vote of the Town Board: A~es: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice-Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Would you like to act on the second Public Hearing, a
"Local Law in Relation to Setback Requirements"?
23.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 6th day of October, 1992, a proposed Local Law No. 20 - 1992 entitled, "A
Local Law in Relation to Setback Requirements"; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and reports;
and
WHEREAS, a public hearing was held on this proposed Local Law on the 24th day
of November, 1992, 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. 20 - 1992 which
reads as follows, to wit:
LOCAL LAW NO. 20 - 1992
A Local Law in Relation to Setback Requirements
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
1. Chapter 100 (Zoning) of t'he Code of the Town of Southold is hereby
amended as follows:
1. Section 100-239.4(A) (Building setback requirements adjacent to
water bodies and wetland) is hereby amended to read as follows:
A. Lots adjacent to Long Island Sound, Fishers Island Sound and
Block Island Sound. "
(1) All buildings located on lots adjacent to Lo,g
~s-Fa~ Soured-sounds and upon which there exists a
bluff or bank landward of the shore or beach shall be
set back not less than one hundred (100) feet from
the top of such bluff or bank.
(2) Except as otherwise provided in Subsection A(1)
hereof, all buildings located on lots adjacent to
~-~rrg-I~-Ia~d-So~nd sounds shall be set back not
less than one hundred ('100) feet from the ordinary
· high-water mark of Long Island Sound said sound.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents addition(s)
** Overstrike represents deletion(s)
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED. ~.
SUPERVISOR HARRIS: Would you like to act on the third public hearing, a "Local
Law in Relation to Signs"?
24.-Moved by Councilwoman Hussie, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 6th day of October, 1992, a proposed Local Law No. 21 -1992, entitled "A
Local Law in Relation to Siqns"; and
WHEREAS, this proposed Local law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and
reports; and
WHEREAS, a public hearing was held on this proposed Local Law on the 24th day
of November, 1992, 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. 21 - 1992 which reads
as follows, to wit:
LOCAL /.AW NO. 21 - 1992
A Local Law in Relation to Signs
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(B)(2) (Applicability; permit required; application;
approval; fees) is hereby amended to read as follows:
2. Maintenance: Painting, cleaning and other normal maintenance
and repair of a sign or a sign structure, unless a structural
change is made, o~' ~he~e ~ a-chenge in-ii~s~sage.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions __
24.-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: The fourth public hearing, a "Local Law in Relation to
Special Exception Uses".
25.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 6th day of October, 1992, a proposed Local Law No. 22 - 1992, "A Local Law
in Relation to Special Exception Uses"; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and rep~orts;
and
WHEREAS, a public hearing was held on this proposed Local Law on the 24th day
of November, 1992, 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. 22 - 1992 which reads
as follows, to wit:
LOCAL LAW NO. 22 - 1992
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 I00 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-261 (Special exception uses; approval required) is
hereby amended to read as follows:
There is hereby created a category of land use approval to be
know as "special exception uses". Said uses may not be
commenced, created, undertaken, carried out or thereafter
maintained or substantially expanded without a special exception
approval first having been obtained therefor, which special
e×ceptiona pproval shall have-~n be granted for the
use ei-t-h~t~ by ~he P~ta~+~ej t~, the Zoning Board of
Appeals o~ ~l~e ~r~r~ t~, according to the provisions
for the particular special exception use set forth in this
Article or elsewhere in this chapter. Any land use, including
the erection, construction, reconstruction, alteration, demolition,
moving, conversion or change of use of any structure, shall be
a special exception use requiring a special exception approval if
'the text of this chapter or the use scheduel hereof denotes the ~.
use as being either the subject of a special exception approval
or simply a special exception use. No building permit for any
such special exception use shall be issued until the required
special exception approval shall have been granted for the same
and the conditions imposed in such approval as prerequisites to a ~
building permit, if there be any, have been met.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions
** Overstrike represents deletions
25.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Penny, Justice
Edwards, Supervisor Harris. Abstain: Councilwoman Hussie. No: Councilman
Wickham.
This resolution was declared duly ADOPTED,
SUPERVISOR HARRIS: Would you like to move the next "Local Law in Relation
to Parking by Permit Only"?
26.-Moved by Supervisor Harris, seconded by Councilman Penny,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed Local Law No. 23 - 1992 entitled,
"A Local Law in Relation to Parking by Permit Only"; and
WHEREAS, a public hearing was held on said proposed Local Law on the 24th day
of November, 1992, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law
No. 23 - 1992 which reads as follows, to wit:
LOCAL LAW NO. 23 - 1992
A Local Law in Relation to Parking by Permit Only
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 65 (Parking at Beaches) of the Code of the Town of Southold is
hereby amended to read as follows:
1. Section 65-2 (Designation of parking areas requiring permits.) is
hereby amended by adding the following:
(13) Leeton DriVe, Southold, both sides, for a distance of 610 feet
westerly from its intersection with Kenn¥'s Road.
(14) North Sea Drive, Southold, both sides, for a distance of 820
feet westerly from its intersection with Horton's Lane.
II. This Local Law shall take effect upon its filing with the Secretary of sTate.
* Underscore represents additions.
26.-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: Who would like to move the next public hearing, a "Local
Law in Relation to Berms"?
27.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 20th day of October, 1992, a proposed Local Law No. 24 - 1992 entitled, "A
Local Law in Relation to Berms,; and
WHEREAS, a public hearing was held on this proposed Local Law on the 24th
day of November, 1992, at which time all interested persons were given an oppor-
tunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 24 - 1992 which
reads as follows, to wit:
LOCAL LAW NO. 24 - 1992
A Local Law in Relation to Berms ~'
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 100-239.3 (Berms) is hereby deleted in its entirety.
II. This Local law shall take effect upon its filing with the Secretary of State.
27.-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: Would the Board like to move the next "Local Law in
Relation to Height Requirements for Fences or Walls"?
28.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 20th day of October, 1992, a proposed Local Law No. 25 - 1992 entitled,
"A Local Law in Relation to Heicjht Requirements for Fences or Walls"; and ~.
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and reports;
and
WHEREAS, a public hearing was held on this proposed Local Law on the 24th day
of November, 1992, 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. 25 - 1992 which
reads as follows, to wit:
LOCAL LAW NO. 25 - 1992
A Local Law in Relation to Height Requirements for Fences or Walls
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 100-231 (Height of fences, walls and hedges) is hereby amended
to read (Height of fences, walls and harms) and shall read as follows:
Fences, walls, hee~es or o~he~ H,/-e-pt~f~t+ng~ or berms
~h~ R~ ~ f~ o~ ~ pro~y ~ may be erected and
maintained, subject to the following height limitations:
A. When located in the front yard a~ ~he ~n~ ~ I~, of
residential zones the same shall not exceed four (4) feet in
height. When located in the front yard of non-residential zones,
the same shall not exceed six (6) feet in height.
B.When located in or alon9 side and rear yards, the same shall
not exceed six and one-half (6-1/2) feet in height.
C~ When ~a~ o~r ~n ~ ~ ~ ~ard area or a~ ~ o~
II. This Local Law shall take effect upon its filing with the Secretary of State.
*Underline represents additions.
Overstrike represents deletions.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This ~esolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'll make a motion to hold the "Local Law in Relation to
Open Storage", based on further information.
TOWN CLERK TERRY: We don't need a motion. Are you going to go back to
Legislative with this, so should we put it on hold until then? You don't want
an amendment.
COUNCILMAN PENNY: We've already done the preliminary work on it.
SUPERVISOR HARRIS: It's being held. Okay, the next "Local law in Relation
to Prohibited Uses", we need a' motion, if you want to move that one.
29.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 20th day of October, 1992, a proposed Local Law No. 26 - 1992 entitled, "A
Local Law in Relation to Prohibited Uses"; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for recomr~endations and
reports; and
WHEREAS, a public hearing was held on this proposed Local Law on the 24th
day of November, 1992, 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. 26 - 1992 which reads
as follows, to wit:
LOCAL LAW NO. 26 - 1992
A Local Law in Relation to Prohibited Uses
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zonin9) of the Code of the Town of Southold is hereby
amended as follows;
1. Section 100-237 (Prohibited uses in all districts) is hereby
amended to read as follows:
Ao
Any use which is noxious, offensive of objectionable by reason
of the emission of smoke, dust, gas, odor or other form of air
pollution or by reason of the deposit, discharge or dispersal
of liquid or solid wastes in any form in such manner or amount
as to cause permanent damage to the soil and streams or to
adversely affect the surrounding area or by reason of the
creation of noise, vibration, electromagnetic or other
disturbance or by reason of illumination by artificial light
or light reflection beyond the limits of the lot on or from
which such light or light reflection emanates; or which
involves any dangerous fire, explosive, radioactive or other
hazard; or which causes injury, annoyance or disturbance to
any of the surrounding properties or to their owners and
occupants; and any other process or use which is unwholesome
and noisome and may be dangerous or prejudicial to health,
safety or general welfare, except where such such activity is
licensed or regulated by other governmental agencies.
B. Artificial lighting facilities of any kind which create glare
beyond lot lines.
~-,---~'a~'rri'~Hs7 ch-ett~m~ an~d- relented' nct~vq~i-es-,- eX~el~-f~r
a E~ p~r~d on-slS~:~l- Hcen~- fron~ ~he :l-~wn
Board-.
E)-.---Jt~t'rkT~rd or refuse d?~pesat-spec,-,-e×cel~t-a refuse
d+~posaF sPee- es~:~bHs{'~cF as an-off~¢+~F bsw~- refuse
d+~lSOSak side-or dtrl¥-au~h~r+~ed as a refuse d~posaF
the ~n ~r
Co
Uses involving primary production of the following
products from raw materials:
Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide; caustic soda; cellulose; chlorine; carbon black and
bone black; creosote; hyorogen and oxygen; industrial
alcohol;' nitrates of an explosive nature; potash; plastic
materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sulfuric acids;
coal, coke and tar products, including gas manufacturing;
explosives; gelatin, glue and size (animal); linoleum and oil
cloth; matches; paint, varnishes and turpentine; rubber
(natural or synthetic); soaps, including fat rendering; starch.
F~- D. The following processes:
1. Nitrating of cotton or of other materials.
2. Milling or processing of flour.
3. Magnesium foundry.
Reduction, refining, smelting and alloying metal or metal
ores.
5. Refining secondary aluminum.
Refining petroleum products, such as gasoline, kerosene,
naphtha and lubricating oil.
7. Distillation of wood or bones.
Reduction and processing of wood pulp and fiber,
including paper mill operations.
Operations involving stockyards, slaughterhouses and
slag piles.
F. Storage of explosives.
G. Quarries.
2 5 0 NOVE BE 2.. 1992
;I.- H.
Storage of petroleum products. Notwithstanding any
other provisions of this chapter, storage facilities with a
total combined capacity of more than twenty thousand (20,000)
gallons, including all tanks, pipelines, buildings, structures
and accessory equipment designed, used or intended to be
used for the storage of gasoline, fuel oil, kerosene, asphalt
or other petroleum products, shall not be located within one
thousand (1,000) feet of tidal waters or tidal wetlands.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Underscore represents additions
NOTE: Those items which are neither underscored nor overstruck are included
for purposes of reletterrrig.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Would you like to move the "Local Law in Relation to
Fishers Island Sewer District Rent"?
30.-Moved by Justice Edwards, seconded by Councilman Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed Local Law No. 27 - 1992 entitled,
"A Local Law in Relation to Fishers Island Sewer District Rent"; and
WHEREAS, a public hearing was held on said proposed Local Law on the 24th day
of November, 1992, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law
No. 27 - 1992 which reads as follows, to wit:
LOCAL LAW NO. 27 - 1992
A Local Law in Relation to Fishers Island Sewer District Rent
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 75 (Sewers) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 76-21A is hereby amended to read as follows:
A. In addition to any and all other fees and charges provided by
law, the owner of a parcel of land served by the sanitary
sewer system of the FISD shall pay an annual sewer rent for
the use of such sanitary sewer system, which shall be based
upon an annual charge of fi~ce-hu~d~-ed-doHa~s ~$500~00)
three hundred dollars ($300.00) for each separate dwelling
unit served by the system. Such annual sewer rents shall be
paid in semiannua installments of ~wo t~r~d ~Ff~¥-do~Fa~s
{$~50;00} one hundred fifty dollars ($150.00) on the first
day of January and June of each year.
11. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions
** Underscore represents additions
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVIOSR HARRIS: Judge, do you want to move the "Local Law in Relation
to Fishers Island Mooring Fees"?
JUSTICE EDWARDS: You're getting all the money over here, but I'll go along
with it.
31.-Moved by Justice Edwards, seconded by Councilman Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed Local Law No. 28 - 1992 entitled,
"A Local Law in Relation to Fishers Island Mooring Fees"; and
WHEREAS, a public hearing was held on said proposed Local Law on the 24th
day of November, 1992, at which time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local
Law No. 28 - 1992 which reads as follows, to wit:
LOCAL LAW NO. 28 - 1992
A Local Law in Relation to Fishers Island Mooring Fees
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended to read as follows:
1. Section 32-39.2 B(3) of the Code of the Town of Southold is hereby
amended to read as follows:
(3) The followin9 fees shall be paid for the issuance of a mooring
permit:
Size of Boat Permit fee
Up to 25 feet $~0~00 $30.00
25 feet to 35 feet $50~00 $65.00
Over 35 feet $-~00~00 $125.00
All nonresidents $~OO~O0 $300.00
.11. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions
** Underscore represents additions
31 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
CoUncilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUSTICE EDWARDS: It will pay for the scallops. Thank you.
SUPERVISOR HARRIS: You're welcome. I need a motion, if the Board would
to move the "Local Law in Realtion to Landfill Tipping Fees".
32.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed Local Law No. 29 - 1992 entitled,
"A Local Law in Relation to Landfill TipF)incJ Fees"; and
WHEREAS, a public hearing was held on said proposed Local Law on the 24th day
of. November, 1992, at which time all interested persons were given an opportunity
to be heard; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law
No. 29 - 1992 which reads as follows, to wit:
LOCAL LAW NO. 29 - 1992
A Local Law In Relation to Landfill Tipping Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
I. Section 48-4B is hereby amended to read as follows:
B. Effective A-pt4~-~-r-~-99~ January 1, 1992, in addition to the fees
established in Section 48-4A of this chapter, there shall be a fee
of ~wo-~ef~t~-~=~-2-) three cents ($0.03) per pound on loads
containing the following: ·
II. This Local Law shall take effect upon its filing with the Secretary of State.
· Overstrike represents deletions
· * Underscore represents additions
32.-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: The last Local Law of the evening, a "Local Law in
Relation to Permit Fees", would you like to move it?
33.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of November, 1992, a proposed "Local Law No. 30 - 1992 entitled,
"A Local Law in Relation to Permit Fees"; and
WHEREAS, this proposed Local law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and reports;
and *'
WHEREAS, a public hearing was held on this proposed Local Law on the 24th
day of November, 1992, at which time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the Town Boar hereby enacts Local Law No. 30 - 1992 which
reads as follows, to wit:
LOCAL LAW NO. 30 - 1992
A Local Law in Relation to Permit Fees
BE IT ENACTED, by the Town Board of the Town of Southold as follows
Chapter 100 (Zonin9) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-27~ (fees) of the Code of the Town of Southold is
hereby amended to read'as follows:
Applications to the Board of Appeals for any relief herein shall be
accompanied by a fee as hereinafter provided:
For applications involving fences, accessory structures or
accessory buildings, alterations or additions containing less
than two hundred (200) square feet in floor area, the fee
shall be one hundred fifty dollars ($150.00).
o
For all other applications, including those involving
commercial property, containing a single request [for
example, an application requesting one (1) variance or an
application request a specia exception], the fee shall be
three htn~dred d~+Facs-($3ee=ee) four hundred dollars
($~00.00).
For applications containing more than one (1) request, such as
an application requesting an area variance and a width
variance, the fee shall be ~i~z~ hthn~rm~ d~rPa~s-
($see=e8) six hundred dollars ($600.00).
For applications for interpretations on appeal from an order,
decision or determination of an administrative officer, thC
fee shall be two hundred dollars ($200.00) for each section of
the Town Code for which an interpretation is requested .
Eo
For applications for variances from Town Law Section 280-a
(right-of-ways), the fee shall be two hundred fifty
dollars ($250.00).
For applications for re-hearings, the fee shall be the same as
the fee charged for the original application.
Section 100-281 (J) (.Permit Fees) of the Code of the Town of
Southold is hereby amended to read as follows:
The following fees shall be paid upon the filing of an
application with the Building Inspector for a building permit.
which fees shall be paid into the general fund of the
application is approved or returned to the applicant if the
application is denied:
(a) Single-family dwellings.
[1]
New dwellings, and alterations and-or
additions to existing dwellings:
($58=80-) seventy-five dollars ($75.00),
plus Ei~een-¢ent~ ($0=~5-) twenty cents
($0.20) for each square foot of floor area in excess
of eight hundred fifty (850) square feet.
[2]
Accessory buildings and additions and- or
alterations to existing accessory buildings:
twerrt~-f~e c~Pa~s-{$~S=08~) thirty-five
dollars ($35.00) plus ~fteen-cents
twenty cents ($0.20) for each square foot of floor
area in excess of five hundred (500) square feet.
NOVEMBER 2/4, 1992
253
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Farm buildings and additions or alterations to existing
farm buildings: fifty dollars ($50.00) for each building.
Hotel, motel, multiple dwellings and business, industrial
and ail other buildings, including wineries.
[1] New buildings and additions and alterations to
existing buildings: on~-httn~ed
(9~08=08~ one hundred and fifty dollars
($150.00) plus tw~t3~ cen~.~
twenty-five cents ($0.25) for each square foot of
floor area in excess of one thousand (1,000) square
feet.
[2] Accessory buildings and additions and alterations to
existing accessory buildings:
d~H-i.~rr-s-?:9~5=00) thirty-five dollars ($35.00),
plus ~een-cen*.~ ($8.-~5-) twenty cents
($0,20) for each square foot of floor area in excess
of five hundred (500) square feet.
Foundations constructed under existing buildings:
seventy-five dollars (975.00).
Inground swimming pools, together with required
enclosure fencing: one hundred fifty dollars ($150.00).
Above ground swimming pools, together with required
enclosure fencing: fifty dollars ($50.00).
All other structures (i.e., fences, satellite dishes,
etc.) and additions and alterations to such structures: .
~w~-~-f~ve d~i~n~s- (9~S:BB) thirty-five dollars
($3s.00).
Signs. The fee for all signs, except'.signs permitted by
Section 100-31C(9)(a), shall be one dollar ($1.00) for
each square foot of sign area, with a minimum fee of
twenty-five dollars ($25.00).
Demolition and/or removal and/or relocation of any
building: ten d~t~s-($~(~B) fifteen
dollars ($15.00) minimum and ~ cents ($I~=t)5~
ten cents (90.10) for each square foot in excess of three
hundred (300) square feet of floor area.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Underscore represents additions
*** Items which are not neither underscored nor overstruck are
included merely for clarity within the section.
33.-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: Okay, that ends the public hearing portion of our meeting.
We'll no~ go back to the regular agenda. Are there any members of the audience,
that would like to address this Board on any matter, that may be of information,
or that the Board may need knowledge of?
ED SIEGMANN: I know that for discussion there are things, that you discussed
today, at your daytime meeting, but, who is Art Ross, and can you point out
to us, 'what the letter is about in reference to Fort Corchaug?
SUPERVISOR HARRIS: Sometime ago, the Fort Corchaug property's owner litigated
a proposal, that was before him by acquisition between the County and the Town.
The Court made a determination, and they struck down the lawsuit against the
Baxters, who filed the suit. The Town then was informed, that there was an
appeal in place, which,again, basically was suing the County and the Town. Since
that time Art Ross had been approached by the owner of the estate, in reference
to moving in two different areas, a development A, and a development B, two
different proposals. One was submitted to the Planning Board in April of '92,
which was put on hold. Art Ross being the Chairman of the Open Space Committee.
This is a very important Board, because it deals with the Open Space Bond passed
in 1987, and the Agricultural Development Rights passed in 1991. As Chairman
of the Land Preservation Committee, Mr. Ross, who is also an attorney, knowing
full well the legal impediments involved did not meet with Mr. Baxter based on
the following appeal. However, the Board felt no reason to hold back Mr. Baxter
from making a presentation to the Land Preservation Committee, and directed him
to listen to this individual on what he was proposing..The meeting was held.
Mr. Ross then informed the Board today through a communique. He was not here
in person. That is what is on for discussion. Developments of his meeting, and
what took place during his discussion with the applicant, and that's what it was
about.
ED SIEGMANN: What I'm concerned about on this, originally that started out,
that property started out, as a three million dollar cost. The last time I read
in the newspaper, it was 27 acres being offered to the Town for one million:-
Number one, that arithmetic don't add up. It seems that the price of the property
per acre goes up. The last piece I read in the newspaper on it, said, twenty-one
acres for a million dollars. So, have they come down another six acres, and left
it at a million dollars on a proposal, that they may be making, because if they
are, and the price of that per acre, again, has gone up?
SUPERVISOR HARRIS: You are correct, Mr. Siegmann. Ed, if t may, because
I talk to you all the time. You are correct. The number of acres has decreased,
and the amount per acre has increased. You're absolutely correct.
ED SIEGMANN: I want to repeat what I said here once before. I understand from
speaking to someone, who is on the Board from the Indian Reservation, that they
would be satisfied with a piece of property there, seven or eight acres, with a
road leading into it, and that would be all that would be neccessary.they say
to re-establish Fort Corchaug. Now, if this is true, it would be foolish for the
Town to be spending a million dollars, when they could satisfy the Indian Museum
with purchasing seven or eight .acres, and just a roadway going into that seven,
or eight acres. I think it ought to be looked at very carefully, because right
now property is decreasing in this area. People have to sell their houses for
less, as the years are going on right now, in order to move out of here, so it's
ridulous to me, that a piece of property would continue to rise everytime I see
a new proposal in the newspaper.
SUPERVISOR HARRIS: Thank you, Mr. Siegmann. Is there anybody else like
to address this Board on any matter? Yes, sir?
KEN REEVES: Good evening. My name is Ken Reeves. I guess you can say,
I'm future ex-Supervisor of the Recreation Department for the Town of Southold.
As,people don't realize, this past Thursday, November 19th, I am effectively laid
off. Jauary Ist, .1'II be unemployed. Before I begin my speech, Scott, this is
rough on my life, very rough. My wife is pregnant. She's due Thursday, the
26th. With the holidays coming up, which should be a time of joy and happiness,
has now turned into a time of concern. I know you have a five minute limit on
people speaking. If I tend to drift over five minutes, please bear with me. To
begin with, let me- apologize to the Board. I mean this. Last Thursday, after
the Budget vote, for some reason I thought it might go good, I might be reinstated.
I was mistaken, and I was kind of a little hot under the collar. I may have seemed
a little.upset, said a few things, that I should have said a little more calmly.
I truly apologize.. Okay. This past week there have been a number of comments
made by Town Board members in our local papers. I'd like to address those, '
if I may. For those people watching at home, don't believe everything you read.
Starting with Suffolk Life, right on the cover, headlines, Councilman George Penny
said, the Board agreed last Thursday to eliminate the Code Enforcement Officer,
and is considering privatizing the Recreation Department. Because of odd hours
NOVEMBER 24, 1992
255
worked by the Recreation Department Director, the Town has been spending too
much money, he said, and the Board will right in changing the job duties, and
responsibility of the Recreation Department head with the position being essentially
that of a coordinator. What is too much money? Two thousand. Four thousand.
Six thousand. You know what it is? Nothing. Now, Scott, if I say anything,
that you disagree with, please feel free to step, and interrupt me. Since January
1st, 1990, I have not received a single dime in overtime pay. Now, I'm not saying,
I didn't put any overtime. Yes, I did. I'm a one-man department. Sometimes I'm
here from 9:00 o'clock in the morning to 8:00 or 9:00 o'clock at night, and I have
to put in overtime to get my job done. Now, for you people sitting at home, reading
this paper, what are you going to think? You're going to say, gee, here this
guy is. He's collecting overtime. He's taking pay from my tax money to go into
his pocket. I'd say, get rid of the guy. I'd agree with you. I said, fine,
privatize. Do what you have to do to get rid of him. That's not the truth, and
I'm flabergasted to think that this made the headlines of Suffolk Life. They've
got a distribution of 12,000 on the North Fork, 12,000 newspapers. People read,
and think I'm taking overtime money. Now, Scott, you said, hey, Ken, the Town
is in a budget crisis. If you could take your overtime in comp. time, as opposed
to getting paid for it. I'd appreciate it, if you could. I said, sure, no problem.
SUPERVISOR HARRIS: Then, again, Ken, if I could for the record, that was
in 1990.
KEN REEVES: In 1990, yes. Three years. This summer will be three years,
not a single penny overtime. Okay. Well, at this last Budget hearing on Thursday
November 19th, Mr. Siegmann spoke up on my behalf, and Ed, thank you. I
appreciate that. And then George, on the side to Scott was saying, we'll bring
up, is Ken paid, or he's not paid? George says something like, I was speaking as
an individual, and not as a representive of the Town Board. Wrong. Wrong. Wrong.
If somebody comes up to George, or anybody, and says, hey, George, what do
you think about Steve Howe being reinstated to Major League Baseball, being
caught with cocaine for the eighth or nineth time? Then he's stating an opinion
as a individual. If somebody comes up to Joe Lizewski, and says, Joe, those
clouds out there look threatening, do you think we'll get snow tonight? Have
you heard any weather reports? What do you think, Joe? Then you're speaking
as an individual. But, if somebody from the newspaper, as I said, a circulation
Of 12,000, and says, why are you privatizing the Recreation Department? You
say, because Reeves is getting too much overtime, you better have your facts
straight, and you better be prepared to suffer the consequences, because I'm
tired of having my name slandered in this paper. My reputation is being smeared.
People read this stuff, and they think I'm some kind of dirtbag, and I'm not going
to stand for it anymore. Now, we have a couple of papers coming out, and if
I see anymore of this stuff, I'm coming back to the meeting on December 8th,
and I'm going to let you have it again. So, watch what you say in the papers.
Now, I've got to clear my reputation. I'm sorry. If I'm going to go out, I'm
going to go out looking good. I'm going to sidetrack a little here. I'm going
to go back a few years, when I first came on the job, and I was given a Town
car. They said, Ken, we think your position is important. You're very busy
during the summer. So, what's the first thing I do? I roll up my sleeves. Take
the car in the back. I'm checking the anti-freeze. I'm checking the oil'. I'm
checking every fluid you can imagine, just to make sure, hey, if these people
are going to give me a car, I'm not going to let you down. I'm going to take
care of this thing. Do you know what else I did? I went out, and I bought a
bucket, a sponge, some car wash, some car wax, and I was out there in back
of the Rec. Center scrubbing that car down, and I waxed it, and I washed it,
just to save the Town fifty or sixty bucks. That's the kind of person I am, and
that's how I conducted myself in this department. You know I buy .letterhead,
envelopes, and stationery from three different businessess, just to save forty
or fifty bucks. I could easily g6 to one place. How much do you get for a
thousand letterhead? What do you get for them books? Do it on one sheet,
bang, boom, and you're done. No, but I send out letters. I sent them, give
me quote on this, ten or twelve different businesses, and I take, and analyze
it. I have a file back there, price quotes. I'm trying to save you guys money,~
and I get stabbed in the back. I guess I can thank my Mom for that. I can
remember as a kid, she'd go to three different grocery stores, King Kullens,
Walbaums, A & P, just to save some money, and that how ] conduct myself in
business, and my private life. This hurts. This really hurts. Now, recently,
I'm not going to mention names, but a Town Board member was seen running
around with a big, bad wolf mask. Now, I'm going to assume, that this big, bad,
wolf mask was worn, because of the 1993 Town Budget. Don't you people realize
the affect.' It' not funny. This is not funny. Don't you realize the effect you
have on people's lives? You know? My family is gone through hell right now.
25'6
NOVEMBER 24, 1992
They really are. You upset my wife. You unset my parents. These other peoole,
too, Jim McMahon, he was worried about his job, for the last three month. Valerie
Scopaz, I'm sure it affected her family, too. Vinnie Wieczorek, I'm sure he's
going through the same thing, now. I think we deserve a little more respect,
than to be just taken lightly. Now, I personally think this mask should have
been worn by somebody else, but I won't mention names. Joe, you had a number
of quotes in last week's newspapers. I would like to touch on them, also. Let's
start with the Traveler-Watchman, and you say, the Recreation Department, said --
Lizewski, needs a coordinator, who can maintain flexible hours, and oversee programs
with the schools, park districts, as well as the Town's programs. You think I'm
not doing that now? Flexible hours, somedays I come in at 2:00 o'clock, I work
until nine. Sometime I work weekend nights. Saturday nights, I'm here on
Saturday at times, too. I take a day off during the week, just so I don't put
in too much overtime. Next year, I was going to give up mv Wednesday nights,
and Sunday afternoons, just to run the Men's Basketball League. You know what
one of my greatest fears was? Becoming one of those 'cats in the cradle" type
of fathers, absentee fathers, never home with the kids, because I've got flexible
hours. My son is with the babysitter. He doesn't get home until three or four
o'clock. Sometimes I get home, and he's in bed. I want to see my kids grow
up, and that was one of my greatest concerns. Statement regarding overseeing
the school programs, this past summer I took over the programs at Mattituck,
and Southold High School. They were having budgetary problems, so I stepped
in, took them over. Is that working with the schools, or is it not? New programs
planned for 1993 are the Say Yes Program, which is seniors aiding youth enrichment
seminar, which is where we have volunteer seniors teaching our youth for free.
I have five, .or six, lined up, and the Stay Put Program, which is an afterschool
program for latchkey youth. I have in my hands here, again, this is going back
to George's comment, that he wants somebody to work with the schools, and people
read this, they think I'm not working with the schools. Here's a brochure with
Southold High School. We're working together.· In the past, if we had to use
their gym, use their classrooms, they charged us, fifty bucks for an hour, whatever.
Now, we don't have to do that, because we're working together. I have here,
this is our Inter-generational program. I found out, that Southold High School --
had started one the year before. I didn't realize it, so we worked together. It's
called the V.I.P. Say Yes. Say Yes is mine. V.I.P. is theirs. V.I.P. stands
for Volunteers In Partnership. It has a nice little picture of two hands shaking.
Working with the schools. Working with the Park Districts. I've approached Mr.
Adams of the Mattituck Park District, and I sat down with him, and I said, look,
the Town would like to try and get involved with the Park Districts, see if we
can work together. Maybe, use your facilities. Maybe, you know, plan a few
programs together. Now, one of the problems with that is, because if they get
taxes from people, who live within the Mattituck Park District, they feel it might
be a problem. We'd have to open up to all the residents from Laurel to Orient.
The offer is on the table. It was being discussed the last I heard of it. I was,
also, willing to assist next year with their lifeguard certifications. Park Districts
have beaches. They have lifeguards. I'm certified to teach lifeguard training,
and this new forty hour course, that just-came down, is going to take effect in
March. If they needled help, I would have worked with them. So, again, this
statement is totally false. Now, this go on to the second quote from Dr. Lizewski.
I'd like to expand the Recreation Department, and put Little League ,~nder the
wings of the department to insure continuity/, he said, adding that the Town would
create a whole new job description, and solicite bids for the contract, l've got
a letter here, dated January 24th of this year, and this was sent out to the
Greenport Little League, Mattituck-Cutchogue Little Leaque, Orient Little Leaque,
Southold Little League, Southold Football League, Mattit'~ck SIo-Pitch, Mattitu~:k
Women's Softball League, Greenport Softball League, North Fork Soccer League,
the Southold Men's Soccer Team, and the Southold Soccer Club. This letter 'states
as follows, the Southold Town Recreation Department would like to assist you'r
league in any way we can, in addition to the equipment supplied to your league
annually. If any help is needed 'with registration, field maintenance, scheduling,
etc., please, contact me at the earliest convenience, and I will assist you in an,,,
way I'm able. I would also like to meet with you personally to discuss this matter
in further detail. Please contact me at 765-5812, etc., etc., etc. I didn't get
one take on that. They said things are going well. We like things the way they
are. We don't need the Town's help. Thanks, but no thanks. The~,f onl~,, bite
I had was from the Southold Town Men's Basketball League, who said they did
need some help, and I was willing to step in next year, and help them out. So,
,again, totally false statments. Again, don't believe everything you read. Now,
what I have to do now, I have to write letters to the Editor, just to clear my
name up. Not everybody is going to watch these Board minutes, blot everybody
is going tc~ read them. Now, Joe, also, stated in the November 19th issue of the
Suffolk Times in the article titled, a day spent with George and Joe. It says,
under the Recreation Department, Dr. Lizewski believes current operations in
the department are wasteful, ineffecient, and highly unsatisfactory. Couldn't
be further from the truth. Joe, if what you say is true, why back then earlier .
this year, did you not come into my office, and say, Ken, I'm proud of the job
you're doing. You grabbed the bull by the horns. You're doing well, You're
doing s fine job. Keep it up. Why then, did you also tel this Town Board
thought that our little clash in the newspaper earlier this year was for the betterment
of the Recreation Department as it produced some positive results. You said the
Town Board thought, hey, you~_,~Jvs banged heads, now you, come around, and
you're working together, and you're doing a little better. Now, all of sudden,
it's wasteful, and ineffecient? What's going on? Now, this year in addition to
adding some programs, we also lost a bunch of programs. We lost aerobics. We
lost baton, dog obedience, and yoga. All these programs were very popular.
Aerobics we had between thirty, and sixty people. Baton we had between 100
and 150 kids. Dog obedience we filled it up rather quickly, twelve, fifteen people
maximum. Yoga filled up rather quickly, too. Now, all programs showed a profit,
especially aerobics. What we do with this profit was it enabled us to offer other
programs for free, arts and crafts, we opened tennis for free in the past, drama,
so this funded other youth programs, too, and now they're gone. Now. this baton
program, because of the job the instructor did, this group was invited to the
Macy's Thankgiving Parade. They were planning on going down to Great Adventure,
New Jersey. They were even thinking of going to Walt Disney World in Orlando.
Am I boring you, Joe? Come on. This man is responsible for having me laid
off,
SUPERVISOR HARRIS: No personal accusations.
KEN REEVES: Again, are the~-e mothers, baton twirlers, write letters to the editor.
Tell the Town Board how you feel. If you're in aerobics, let them know how you
feel· Okay, let us now turn our attention to the 1993 Budget. People maintain
that this is a purely a budgetary move, getting rid of me, and putting out to
private bid. I disagree· Joe, in January this year, you came into my office,
January 5th, 6th, without even meeting me, without even knowing me, not even
knowing what kind of person I am, and you said, I don't like you, I'm going to
do everything I can to rid of you, and here we are, eleven months later, and
you accomplished your goal· Good job, Joe. Now, if this Budget was purely
budgetary, why when it was first proposed that my hours be cut to seventeen
and a half hours per week, and then I was quoted to the local papers, that I
would accept this part-time position, why did you suddenly withdraw this proposal,
and decide to privatize the Recreation Department, thus getting rid of me altogether?
Doesn't sound like a budgetary.move to me. Why if I was able to retain my position
as a part-time Director at a salary of roughly half of what I get, $13,000, $I6,0007
Why did the Town Board suddenly change their mind, and allocate $20,000 for
my position? Does it add up? No. Privatizing recreation could put our grant
of $12,100. in serious ieopardy. Aisc, our $50,000 matching grant for the establish-
ment of a Youth Board in deep trouble, too. I think our youth deserve a little
more consideration than this. Now, you don't have to be a rocket scientist to
see that these number iust don't add up. Now, I noticed earlier this evening,
there was a resolution ~o put in for next year's 1993 grant. I can't fill it out.
Obviously, someone else is doing it, because I have no idea what your plans are
for next year. It's due December 4th. I don't know if you know it or now, but
I can't do it. I can't do it, and I won't do it. Okay, I'm going to close up.
My name and reputation have been unjustly smeared for the past year, especially
in these last two weeks, especially this year from January through March. I've
been maligned, slandered, belittled, and with no proper justification. I have
been made to look like I've have not been doing my job properly, which is the
farthest thing from the truth. I wil continue to do everything in my. power to
prove this. Now, I can go home, and ive with myself, knowing full well, that
I have performed my job to the b'est of my ability, and for the betterment of the
lives of the residents of Southold. In closing, I urge people who think that a
injustice has been done to me, to get up and write, start petitions. Let them
know how you feel. Sometimes I wonder how you guy. s can sleep at night. Thank
yOU ·
SUPERVISOR HARRIS: Thank you, Ken. Is there anybody else in the audience,
that would speak in reference to any matter? Yes?
BARBARA LEWIS : My name is Barbara Lewis, and I am a professional Recreation
Therapist. I have a Master's Degree from Columbia University in recreation.
have two more degrees from lthica College, which is inmaterial. I worked for
the State of New York For twenty years, fifteen years of it in recreation. I've
worked with drug addicts, l've worked with alcoholics, mentally retarded. I've
run the gammit. I am a senior citizen, retired. I don't know Mr. Reeves, except
I've seen him a couple of times, and don't know the Chairman of the Recreation
Committee. But, what I've read, and heard, in the papers, to me is very
unprofessional, and I think it's very degrading. It's just not the way a Board
of Directors, or Town Board, should have acted. I think they should have taken
this business between Mr. Reeves, and Recreation Committee, and had it in their
own meeting, and dissolved it here, not go to the public, and make a man, that
is a professional in the field, look so cheap, and that's what it is. I don't believe
that this is totally a budget affair. I think it's turned into a personality conflict.
I hate to see that. I'm sure all of the men and women are above this sort of thing.
I do feel, that there is conflict of interest, when a man says, that this should
go to private parties, or private organizations, to take care of recreation, when
he himself owns, or runs, a private concern. This, also, when you talk about
budget, and saving money, you can't do it if you turn it out into personal, or
private concerns. The people in the Town couldn't pay for it, especially if they
have more than one child in a program. I think this should be looked into very,
very seriously. Something else I was going to say. Oh, the abandonment of
the Recreation building, close it down. What are you going to do with it? There's
too many people who depend upon it. If you don't know what recreation is all
about, then I suggest somebody do a search, and found out what the definition
of recreation is. It's not just sports and games. It's not just dancing to music.
It's not just baton twirling. It's developing character. It's giving people a
leisure time activity. When they get up to my age or older, I think that' something
to do, besides twittling their thumbs, or going to the Nutrition Center, just to
find companionship. I think the Senior Citizen Program is very important. With
the Youth Program is extremely important. You need one person that is qualified
to be the Director of Rec~eatiop, and don't tell me about overtime, because overtime
is something that can not help. You have to make contact with the businesspeople.
You have to make contact with the townspeople. We have to know what your
programs are all about. You have to make contact with those people to try, and
get them to come to the programs, to be interested. You have supplies, and
equipment that you have to buy, and maintain. You have a building, that you're
responsible for. There's a lot of responsiblies, and one person can not do it
all, and they have to put in overtime. I'm not saying, that they should get a
fantastic amount of money for it, but either you give the person in charge that
amount of money, that's deserved, or you increase your staff in recreation, because
it's not a five day job. It's a seven day job, and sometimes it goes into well over
twelve, fourteen, twenty hours.
SUPERVISOR HARRIS: Mrs. Lewis, just for a point of clarification, this is the
first that I've ever heard of the Recreation building ever be talked about being
closed. There's never been a mention of any closing of any building, so I don't
know where ...
BARBARA LEWIS: Wasn't there something in the paper, where it was hinted, this
last time, about maybe we'd better close Recreation down?
SUPERVISOR HARRIS: Not that I'm aware of. The building itself is going to
be going fully, as it has been.
BARBARA LEWIS: It's too important, and I'm sorry if I made that assumption.
SUPERVISOR HARRIS: I just wanted that for a point of clarification. That's
all.
BARBARA LEWIS: But, don't overlook the Recreation, and if this is a personality
conflict, resolve it among yourselves. Keep it out of the public. If you are
abandoning the Recreation Director's .lob, then if you sa,/ to Mr. Reeves, he's
fired, do it among yourselves. You talk about what you want to do abo~t having
someone in charge of Recreation, don't leave it to a Committee member. He's got
too much to do. He's got his own personal business, his own responsibilities,
his own family. That's what you hire a professional Recreation Director to do.
Thank you very much.
NOVEMBER 24, 1992
259
SUPERVISOR HARRIS: Thank you, Mrs. Lewis. Okay, is there anybody else,
who would like to speak? Yes?
ED SIEGMANN: Ed Siegmann. Mattituck Seniors. I just want to add to what
this young lady said. l've had a lot of contact, and all I can tell you is that
anytime I went through the Seniors to tr;, to get help on anything we had to do,
or plans that we were making for things, I always got cooperation. I'm going
to repeat what I said the other day. I don't know how many hours, what there
is there for Ken Reeves to do. I have no way of knowing this. You know this
better than I do, but since you say that it was a budgetary matter, and we read
in the newspaper, that you're willing to put the job out for $20,000.00 convinces
me that there's a job there, and it only convinces me that the man was doing
something wrong, the person who should have corrected what was going wrong
was the person who was in charge. That's the way you correct it. You don't
correct it by making a man grovel for his job, and that' what makes me think
when I sit here, and lisl~en to a man, that has to grovel for his job, when there's
a job there, and I don't know what the hours are, but there's one there, I'm
inclined to believe, that more than budgetary, this has got personalities involved
in it, and not budgetary. Thank You.
SUPERVISOR HARRIS: Thank you, Ed. Is there any other members of the
audience, that would like to address this Board on any matters? (No response.)
Hearing none, I'll entertain a motion to adjourn. ~
Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 6:10 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Southold Town Clerk