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HomeMy WebLinkAboutTB-10/29/1996SOUTHOLD TOWN BOARD OCTOBER 29, 1996 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9;00 A.M. - Paul Hale, spokesperson for a group of residents from the Goose Creek Beach, Southold, area, met with the Town Board to express their concern with the destruction of private property, trespassing, littering, noise, reckless driving, and generally unacceptable behavior by young people that congregate at the beach and in the parking lot. Commodore Peter Young of the Southold Yacht Club, the property adjacent the beach, and yacht club member Joseph Sullivan, also conveyed 'their concerns to the Board, suggesting that perhaps the area could be fenced off after 10:00 P.M., as one means of solving the problem. Supervisor Cochran stated that she has begun working with Superintendent of Highways Jacobs in an attempt to work out a plan for the area, and will invite Chief of Police Conway to meet with the Town Board. Supervisor Cochran said that the problem is not unique to Goose Creek Beach, the problem exists at at least one beach in each of the hamlets of the Town. If the youths are chased from the Goose Creek Beach, they will go to another beach, so that is not solving the problem Town-wide. The residents were invited to join the Town Board when they meet with Chief Conway. 10:00.A.M. - Harry Davitian, President of Entek Power Services, met with the Town Board to make a presentation on competitive power services for local governments. Mr. Davitian proposes to represent the Town in regulatory and legislative hearings dealing with retail competition, conduct competitive bids to secure reliability, Iow cost power supplies. There would be no fees or charges before actual deliveries of electricity. The Board took the proposal under advisement. 10:30 A.M. A group of homeowners and residents of Elijah's Lane, Mattituck, met with the Town Board to protest the construction of homes in Elijah's Lane Estates with affordable homes costing in the price range of $142,000.00. Supervisor Cochran and Executive' Assistant James McMahon explained to the group that the property is an approve'd,.., filed subdivision. The homes are to be constructed by developer George Wieser, and the purchasers will receive a $25,000.00 per lot subsidy. The residents argued that homes already constructed are not up to their esthetic standards, and will devalue their property. Supervisor Cochran asked them to have patience. She believes the new homes will be a credit to the neighborhood an~l there will be pride in ownership by the new homeowners, EXECUTIVE SESSION 11:55 A.M. - On motion of Councilwoman Oliva, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session to discuss the Greenport Village litigation in a telephone conference with the Town's Special Counsel Jonathan Rosner. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also pi'esent: Town Clerk Terry, Town Attorney Dowd. 12:45 P.M. - Recess for lunch. OCTOBER 29, 1996 2:00 P..M. Work Session reconvened and' the Town Board discussed the following items: Letter from Legislator Michael Caracciolo asking the Town Board's assistance in helping Walsh Park Benevolent Corporation purchase a home on Fishers Island.- This matter will be held for two weeks to give Town Attorney Dowd an opportunity to speak with Legislator Caracciolo and find out exactly what action he expects from the Board.----The Board placed two resolutions (24 & 25) on the agenda to express their interest in acquiring two Suffolk County tax sale parcels.----A resolution (26) was placed on the agenda to appoint Erich Haesche as a member of the Southold Town Landmark Preservation Commission.----Memorandum from Town Attorney Dowd concerning protection of agricultural development rights by explicitly spelling out the rights and duties associated with such purchase. The memo will be referred to the Land Preservation Committee for their recommendations.----Data Processing Equipment Operator John Sepenoski met with the Board to explain a budget modification (resolution 9) to appropriate funds for the upgrade to the AS/II00 operating system.----Councilwoman Hussie advised the Town Board that it is the recommendation of the Solid Waste Task Force that Dvirka and Bartilucci Consul[lng Engineers and Barton & Loguidice, P.C. prepare the municipal solid waste transfer station proposals.----A resolution (27) was placed on the agenda approving attendance at the Association of Towns meeting in February, 1997.----A resolution (28) was placed on the agenda to ratify the waiver of tipping fees for disposal of storm debris.----Resolution no. 29 was placed on the agenda allocating 1996 Grant Program funds to the Fishers Island Conservancy, Inc. to support their efforts to prevent further dumping of hazardous waste into Long Island Sound waters. 3:25 P.M. Town Board reviewed the resolutions to be voted on at the 4:30 P.M. Regular Meeting. 3:50 P.M. Work Session adjourned. REGULAR MEETING A Regular Meetln9 of the Southold Town Board was held on October 29, 1996, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at ~,:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: May I have a motion to approve the audit of the b~lls for October 29, 19967 Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the followln~] bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $351,631.12; General Fund Part Town bills in the amount of $10,113.17; Highway Fund Whole Town bills in the amount of $59,237.09; Highway Fund Part Town bills in the amount of $21,295.00; Capital Projects Account bills in the amount of $20,940.00; Ag Land Development Rights bills in the amount of $122,307.97; Hashamomuck Pond Drainage bills in the amount of $9,555.02; Seaview Trails Capital Fund bills in the amount of $173,252.00; Sweeper F, Payloader Capital bills in the amount of $1~0,804.80; Fishers Island Metal Dump Capital bills in the amount of $26,915.00; Yard Waste Compost Capita bills in the amount of $64;500.00; Employee Health Benefit Plan bills in the amount of,$28,058.04; Fishers Island Ferry District bills in the amount of $24,.1i8.00; Sbuth01d Shores 'Road Improvement District bills in the amount, of, .' Sh0recrest at Ar~hamomaque bill's~'' in the amount of Road b~ils in the amount & Ils.in the amount of $189,1 Southol DJ: in .the amount of $1,1L~4. 59.; Fishers Island -ict bills in the~ amoU~t, of.'$732.12; So~thol.d Agency & Trust. bills unt of $2,'454.~8; Eishers Islland Ferry District Agency ~, TFus the amount of $781.~. the Board: Ayes: Councilman Moore, Justice Evans, Cout~cl Councilman Townsend, Councilwoman, Hussie~ Sup~ )r Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of minutes of October 15, 1996. Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the minutes of the October 15, 1996, Town meetincj be and hereby are approved. Vote 'of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. This resolution was duly ADOPTED. Board Moore, Justice Evans, Councilwoman Hussle, SUPERVISOR COCHRAN: Next Town Board, Tuesday, November 12, 1996. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the' next meetin~l of the Southold Town Board will be held at 7:30 P.M., Tuesday, November 12, 1996, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR-.:COCHRAN: I have a very special honor today. We give proclamations throughout the year, and this is School Board Recognition Week, so we'd like to present to the different schools acknowledgement of that, and schools have a warm special place in my heart. I started many years ago, and began some of my community work as President of the PTA here in Southold. We supported the school, and like to believe that we brought some good programs. At that time we had the Youth Activities. We had a yearly play that we would put on, that was really kind of honky and Americana, but we all thought we were stars. It was nice unifying of the town and the community. ! feel that, that is still important in today's place, and we certainly do as a Board recognize the work, and what the. school systems bring to the community. So, on that I would like to make a presentation of proclamations. Representing Fishers Island is Judge Louisa Evans. Louisa, would you, please? And then we have Gary Charters, a member of the Board for Greenport High School. I have Nina Papish, Board member from Laurel School, then we have William Ruland from Mattituck-Cutchogue School. Come on us, Bill. Then we have Annetta Nordinger from New Suffolk School. We have Southold School Marc Wiederlig ht as Board member, and Linda Goldsmith from Oysterponds School Board. I would like to read the proclamation. 1!74 OCTOBER 29, 1996 Moved..:by SUPERVISOR COCHRAN, seconded by the Entire Town Board, WHEREAS, an annual observance celebrated in school districts throughout the Empire State is SCHOOL BOARD RECOGNITION WEEK: and WHEREAS, school board members are an invaluable resource as local decision makers responding to community needs on various local conditions; and WHEREAS, school boards are the voice of their communities, serving the interest of school children and preparing them for the future; and WHEREAS, school boards continually strive for improvement and progress in education, with an understanding of the need for commitment to growth in New York's.~public education; and WHEREAS, members of New York's local Board of Education have earned deserved commendation and appreciation for their dedicated service to the people and children of our state, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims OCTOBER :28 to NOVEMBER 1. 1996 as SCHOOL BOARD RECOGNITION WEEK IN THE Town.of Southold; and be it further RESOLVED tha~ the Proclamation is hereby dedicated to the FISHERS' ISLAND SCHOOL BOARD, OYSTERPONDS SCHOOL BOARD. CREENPORT SCHOOL BOARD, i. iSOUTHOLD SCHOOL BOARD, NEW SUFFOLK SCHOOL BOARD, MATTIlcUCK-CUTCHOGUE SCHOOL BOARD and LAUREL SCHOOL BOARD. Dated: October 25, 1996. vote .of the Town Board: Ayes: Councilman Moore, Justice EvanS, Councl Iwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: On behalf of the Board congratulations. You do work in servicing the community. This is a new format, and you're the first people, I think, to receive this. Thank you for coming. We used to give this away in a frame, and now we have done it in a folder, which we think is kind of nice, and you are the first recipients of this system we have. It's given with great sincerity, and thank you on behalf of the Town Board. GARY CHARTERS: On behalf of the members of the Board of Education, the facility, and the staff, and the students from the Greenport School Di'strict, thank you very much. NINA PAPlSH: I would llke to say on behalf of our school board that we appreciate this very much, and also, Happy Birthday to you. SUPERVISOR COCHRAN: Thank you very much. COUNCILWOMAN HUSSiE: Jean, I have separate special presentation. I have nothing to give you. I don't have a frame. I don't have a funny little anything, but on behalf of the Board, the Town Board, even though you have been, v~ished a Happy Birthday al day, I want to make this one official. Happy birthday~ and congratulations. SUPERVISOR COCHRAN: Thank you very much. You are in trouble because your birthday is two weeks from today, and that happens to be a Board meeting day. i. REPORTS. SUPERVISOR COCHRAN: The reports have been filed with the Town Clerk, and are available for the public to review at any time during business hours. That's public information. 1. Southold Town Animal Shelter Monthly Report for September, 1996. 2. Southold Town Planning Board Office Monthly Report for September, 1996. OCTOBER 199 t 5 1 .-.Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Ann Morris, temporary Clerk Typist in the Building Department, effective October 18, 1996. 1.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Otiva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 2.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was . RESOLVED that the Town Board of the Town of Southold hereby rescinds resolutions no. 10, adopted on September 17, 1996, and no. 1~,, adopted on October 1, 1996, granting permission to Accounting & Finance Department emplOyees to attend computer training. 2.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, CoUncilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Accountant John Cushman, Personnel Assistant Barbara Rudder, Principal Account Clerk Connie Solomon, and part-time Account Clerk Annette Jordan, to attend a SkillPath one-day seminar on using Microsoft Office, to be held on Thursday, December 19, 1996, at Melville, N.Y., and the $59.00 per employee, plus use of a Town vehicle, shall be a legal charge to the Accounting ~. Finance Department's 1996 budget. 3. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for resumes for two (2) new members for the Conservation Advisory Council to fill the vacancies created by the resignations of Alan S. Connell and John J. Hagerty III. 4.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that tt~e Town Board of the Town of Southold hereby accepts the resignation of Stella Bertolini, EISEP Aide for the Human Resource Center, effective October 15, 1996. 5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number six, a budget modification, we are holding. 7.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Raymond Cleaves Post 861 American Legion, Mattituck, to use the following Town Roads for their Veteran's Day Parade, commencing at 11:00 A.M., Monday, November 11, 1996, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additi.onal insured: Pike Street, Westphalia Road, Sound Avenue, Love Lane. 7. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 29, 996 8.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1996 budget to appropriate donated funds for the Tasker Park Playground Improvements: Revenues: Gifts and Donations Other Donations $ 2,000.00 _Appropriations: Parks Equipment Tasker Park Playground $ 2,000.00 8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Councilwoman Hussle, seconded by Councilman Townsend, it wa s RESOLVED that the Town Board of the Town of $outhold hereby modifies the General Fund Whole Town 1996 budget to appropriate funds for the upgrade to the A$/L~00 Operating System: To: ~ A.1680.~.~00.559 From: A.9015.8.000.000 Central Data Processing Contractual Expenses AS/~00 Release Upgrade Police & Fire Retirement $ 20,000.00 Employee Benefits $ 20,000.00 9. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Councilman Townsend, seconded-by Councilman Moore, it was RESOLVED that. the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay the medical bill of Nancy McCarthy, which bill was submitted by the provider more than 90 days after service. 10. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Cou nci Iwoma n Hussie, S'uperv|sor Cochran. This resolution was duly ADOPTED. 11 .-Moved by Supervisor Cochran, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Allan S. Connell, Chairperson of the Southold Town Conservation Advisory Council, effective October 21, 1996. 11.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12.-Moved by Councilman Moore, seconded by Councilwoman Oliva, .WHEREAS, there was presented to the Town Board of the Town of Southold, on the 15th day of October, 1996, a Local Law entitled, "A,Local I_aw in Relation to New Residential Uses"; and WHEREAS, this Local Law was referred 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, November 12, 1996, Southold Town Hall, 53095 Main Road, Soutt~old, New York, as time and place for a public hearing on this Local Law, which reads as follows: OCTOBER 29, 1996 ~ 1 7'7 BE A Local Law in Relation to New Residential Uses IT ENACTED, by the Town Board of the Town of Southold as follows: Charier 100 (Zoning) of the Code of ~he TOWn of Southold is hereby amended as follows: 1. Section 100-I3 is hereby amended by adding !he following definitions: LIFE CARE COMMUNITY A structure or sones of structures desioned to crovide. oursuant to a life care contracL a cornorehensive, cohesive livina arranqement for the elderly in accordance with a license oursuant to New York Public Health Law. Article ,.t6. A Life Care community may ~nclude a Iona-,term Continuina Care facility -~s an intearal but ac'.:'essop/service .for residents of ~he Life Care Community. CONTINUING CARE FACILITY An institution (ha[ is licensed (o orovide health care under medical supervision to in-oatients. The facility orovides continuin.q, skilled nursinq care on a Ionq-r. erm. extended basis. May be other,vise known as a nursing home. cr hosoice. HEALTH CARE FACILITv A structure and uremises reaulated bv the State of New York and used to orovide an intearated ranae of medical and or suraical services orimarilv for in-oatients on a 24 hour basis. Health services may reauire suraical Facilities. therapeutic and diaanostic equiument rooms counselinq facilities. convalescent care eauioment and trauma care services. Out-patient clinics and other forms of ambulatory health care facilities may exist as accessory and inte(~rat services to the in-oatient services. Su[~oortin~ or accessory uses may include a kitchen for oreoaration of oatient meals, cafeteria or snack/coffee shop for employees and visitors, aift shoo laundry, pharmacy and staff offices (for bookkeepinq, administration, medical records, etc.~ Ma,/be other,vise known as a aeneral or soec~alized hosuital, or a rehabilitation center. HISTORICAL SOCIETY 'An institution devoted to the oresen/ation of information, artifacts. structures 'and other evidence of a human community or enterurise that existed in the oast. CHILD CARE A residential structure and orooerzy used orinciDallv as a residence, where child care's orovided bv the resident for a Iotal of five (5) or fewer children other than those of the careqiver. This use must be in accordance with [he re(]utations aovernlna HOME OCCUPATIONS n this Zonina Code. OCTOBER 2. Section 100-31(B) 5 is hereby amended by detetina and addina lhe following: (5) Philanthropic. eleemosynary or religious institutions_ hos~ita~s, nur~ng~nd-~t heme.~.,-~r-~a~,itar-ium~--~r-gener~Pme~ic,~l cars health care continuina care and life care facilities, b~ excluding facilities for the ireatment of all types of drug addiction~ subject to ~he following reauirernen~s; 3. Section 100-3I(B) is hereov amended ov addina !he foilowinq: 15 Historical Society Section I00-31fC~, is nereev amenrJed by aodind ¢~e followinG: Child Care. 5. Section 100-42(A) is hereby amended by ad_ding the following: (3). Continuin.q Care Facility and Life Care Community. 6 Section 100-42(B) is hereby amended by addin¢l the following: (4). Health Care Facilities. Section I00-42(C)(1) is hereby amended bv addinq the following: (1) Accessory uses as se[ fodh in and regulated by §100~31C(1) through (7) and (9) and (11~ of the Agricultu raI-Conservation District. and subject to conditions set forth in § 100-33 thereof. I1. State. * Underline represents additions Overstrike represent deletions ~2.- Vote of the Town Board: Ayes Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. This Local Law shall take effect upon filing with the Secretary of Councilman Moore, Justice Evans, Townsend, Councilwoman Hussie, 13.-Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute the agreement between the Town of Southold and the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, for the period of January 1, 1996 through December 31, 1998, all in accordance with the Town's negotiators, Labor -'Management Associates. 13. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OC OBE. 29· 996 t- 79 14.-Moved by C0uncilwoman Hussie, seconded Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay the medical bill of Carlisle Cochran, which bill was submitted by the provider more than 90 days after service. SUPERVISOR COCNRAN: I would just like to say that will recluse myself from this vote, because it involves my husband's insurance, so I won.t ;vote on it. 14.-Vote of the Town Board: Ayes: Councilman Moore, Justice Councilwoman Ollva, Councilman Townsend· Councilwoman Hussie. This resolution was duly ADOPTED. Evans, 15.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign the 1996 Local Waterfront Project Agreement for funding under Title II of the Environmental Protection Fund - Town of Southold Natural Resources Restoration and Protection Plan Implementation. 15. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Councilman Moore, seconded by Councilwoman Hussie, WHEREAS, Section 64 of the Town law requires the Town Board to designate, by resolution, banks in the State in which the Supervisor or other officers of the Town shall deposit all moneys coming into their hands by virtue of their office;, and WHEREAS, the Town Board may require any bank, so designated, to deposit with such Board bonds or certificates of the United States, of the State of NeW York, such security for such funds so deposited, but such bond or certificate shall be subject to the approval of the Town Board, and shall be depqsited in such place and held under such conditions as the Town Board may determine; now, therefore, be it RESOLVED that the following banks are hereby designated for fiscal year 1996'-97' as depositories for the Receiver of Taxes, with the following securities required as collateral for such cash balances in said banks: Brldgehampton Nation Bank $5,000,000.00 North Fork Bank $5,000,000.00 AND BE IT FURTHER RESOLVED that the Receiver of Taxes is hereby authorized to execute Collateral Agreements between the Town of Southold and Bridgehampton National Bank and North Fork Bank and their Third Party Custodial institutions, all in accordance with the approval of the Town Attorney; and be it FURTHER RESOLVED that the authorization for increase and decrease of securities shall.be subject to the approval of the Receiver of Taxes. 16.- Vote of the Town Boa rd: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $70.00 to Our Lady of Grace Church, Fishers Island, which sum represents twelve (12) Bingo occasions under their License No. .~_. 3973, which have been cancelled due to lack of attendance. ~ 17.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva Councilman Townsend Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. october 199 t8.-Moved by Councilwoman Hussie, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to engage the services of James S. Reyburn as a part-time deck hand, effective immediately, at a salary of $7.50 per hour. ' 18.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie. Supervisor Cochran. This resolution was duly ADOPTED. 19.-Moved by Councilwoman Oliva, seconded by Councilwoman Moore, 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 Elijah's Lane, Mattituck, for the purpose of reducing the speed limit to 30 mph. 19. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This fesolutlon was duly ADOPTED. 20.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of the National Association of Drug-Free Employees, Inc. (NADE) to amend their current contract with the Town to continue providing services to the Town for 1.997 under the same commercial terms and pricing that was in place in 1995196. 20. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 21 .-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an Agreement between the Town of Southold and the North Fork Housing Alliance for the Suffolk County/Town of Southold Home Investment Partnership Program, for an allocation of $2~0,000.00 to provide first time homeownership assistance in conjunction with established HOME Program guidelines. 21. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 22 .-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute Amendment #3 to the agreement between the State of New York, Office of Mental Retardation. ar~t Developmental Disabilities Service Office and the Town of Southold for the Town's .100% Day Training Contract #C013038, for the period of January 1, 1997 through December 31, 1997, for funding in the amount of $8,112.00; all in accordance with the approval of the Town Attorney. 22. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OlJva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 23.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, Flower Hill Building Corporation has heretofore applied to the Southold Town Board for a change of zone on certain property located on the north side of Main Road (NYS Route 25) and east side of Ackerly Pond Lane, Southold, N.Y., SCTM#1000-69-03-010.001, consisting of 27.15 acres, from Agricultural-Conservation (A-C) District to Low-Density Residential R-Lt0 District; now, therefore, be it RESOLVED that the Town Board of the Town of' Southold hereby declare itself lead agency in regard to the State Environmental quality Review Act 'n the matter of the petition of Flower Hill Building Corporation; and be it FURTHER RESOLVED AS FOLLOWS: OCTOBER 29, 1996 I 8;!' 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter till of the Southold Town Code, the Southold Town Board does hereby determine that the action proposed is unlisted and is likely to have a significant effect on. the environment. This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6NYCRR Part 617.7, the Long Environmental Assessment Form Parts I and I1, and the following specific reasons: a) Although the project is an Unlisted action, it will cause a signifii::ant increase in the allowed density of land use on the project site, potentially doubling the number of homes which could be constructed on the parcel. b) As the project sponsor has based the request for a change of zone on the presence of an Affordable Housing District (Al-ID) to the no:rtheast, granting of the request would set a precedent for higher density development of other R-80 Residential and A-C lands w, hich are adjacent to the AH District. Thus, the proposed change of zone is likely to precipitate requests for increased densities on other parcels, and could result in impacts throughout the Town. c) The proposal is inconsistent with the stated Land Use goals of the Town, which seek to preserve open space and prime agricultural lands through the use of the A-C zoning designation. As development at the proposed density is unlikely to allow preservation of significant open space, the action would permanently remove the prime soils found on the subject property from cultivation. d) The subject p!~rcel contains a NYSDEC regulated wetland, which is part of the Jockey Creek watershed. The proposed action will increase development pressure and the potential impacts to this small wetland. e) The subject parcel contains areas of steep slopes as well as two swales. The proposed action is likely to increase the potential for erosion, alterat, ion of existing drainage, and other topographic impacts. f) The depth to groundwater beneath the site is approximately 3 to 31 feet. The northern portion of ti~e site has more than adequate depth to groundwater to support residential developmel~t; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design. The higher densit, y which would result from the proposed action would increase development pressure, and thus might result in groundwater impacts clue to the limited deptt~ to groundwater. g) The proposed action would result i~ an increased loss of wildlife habitat, as the proposed density is unlikely to allow preservation of significant open space on site. h) The proposed action would result in visual changes ancl other aesthetic impacts on the rural character of the Town. i) The proximity of the site to Jockey Creel< suggests that pret~istoric resources m~ght be present. Titus, the proposed action may have an impact on archaeological resources, if determined to be present. T, he. proposed action will have an impact on demand for community services such as those provicled by the school, police and fire districts, and traffic levels on acljacent roadways will also increase, particulai'ly given the potential increase above current zoning. 2.. The Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. The Town Clerk shall notify the applicant, Flower Hill Building Corporation, of this determination, and further request said applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code. q. In accordance with Chapter Ll~l, Section 20. and Part 617 NYCRR, the applicant is required to defray tile cost of reviewing tile Draft Environme~tal Impact Statement, which includes a scoping session, therefore, the Town Boarcl determines that deposit of $2,000.00 shall be paid t(~ the -Fl~w~ Clerk prior to the date of the scopin9 session. 23.- Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. Thls resolution was duly ADOPTED. Councihnan Moore, Justice Evans, Townsend, Councilwoman Hussie, OCTOBER 29, 1996 24.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of Suffolk County tax sale parcel #1000-113-14-0111, 4.2 acres of vacant land located on the east side of Cox Neck ROad, Mattituck, N. ¥. 24.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councllwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was. duly ADOPTED. 25.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it as RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of Suffolk County tax sale parcel #1000-056-01.03/~, a 2.34 acre parcel of land known as Pond Lane, Southold, New.York. 25.- Vote of ~Lhe Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oltva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 26.-Moved by Councilman Moore, seconded by Councilman ToWnsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Erich Haesche as a member of the Southold Town Landmark Preservation Commission, effective immediately through April 5, 1997, he to serve without compensation. 26.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 27.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission", to the following elected or appointed officials to attend the Annual Meeting of the Association of Towns in New York City on February 16, 17, 18, 19, 1997: Supervisor, Councilpeople, Town Clerk, Town Justices, Receiver of Taxes, Solid Waste Coordinator, Justice Court Clerks; and be it FURTHER RESOLVED that the Board of Assessors, Town Attorney and members of the Board of Appeals and Planning Boa.rd are granted permission to a;~tend the Annual Meeting of the Association of Towns on a day trip basis. 27.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OliYa, Councilman Townsend, CoUncilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.-Moved by Councilman Moore, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the waiver of tipping fees for accepting leaves and brush at the Disposal Area from'October 21-26, 1996. 28.- Vote of the "Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 29.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby allocates $5,000.00 from the 1996 Grant Program funds to the Fishers Island Conservancy Inc. to support their efforts to stop dumping of toxic waste in Long Island Sound. 29. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 30.-Moved by Councilman Townsend, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Raymond Van Etten as a Southold Town Police Sergeant, fro the Suffolk County Department of Civil Service Certification of Eligibles, effective November 1, 1996, at a salary of $68,542.00 per annum. 30.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, CouncilwOman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: What is usually the official presenting of the Sergeant's badge, may we have you come forward? It's pretty much tradition in Southold, when police officers move up in the ranks, that we do a little formal presentation. Shannon and Erin, Mrs. Etten, let's have the whole family. Would you like to present him with his sergeant's badge on behalf of the Town Board? We congratulate you, and look forward to you doing a good job for us, and being a part of the department as sergeant, so congratulations. I want you to know this badge has been worn by' a :pretty good guy. This is temporary until they can order your permanen~ badge~ but this is my son, Ty's badge. So, congratulations again, an~l I~est W'i~hes on behalf of the Board. SERGEANT VAN ETTAN: Thank you very much. SUPERVISOR COCHRAN: We have one more resolution, but we can't act until after the hearing, and it's too early for the hearing. Maybe we'll start with any comments from the Board, but we will stop at 5:00 o'clock for public hearings~ We do have seven or eight minutes. I could share some things wlth~you at that time. In fact, we'll go a little out of order, and ask if there! is anything that the Town Board wants to share with you. Joe, starting`with Mr. ~Fownsend? Okay. Ruth? COUNCILWOMAN OLIVA: I would just like to explain a little bit about the Loca Waterflront Project agreement for the Natural Resources Restoration and ProteCtion Plan implementation. We had received a grant for $15,000 for the planning of the improvement of some our road ends for natural habitat protection, for road runoff, and so forth, and now we just received a grant of $42,000 ~o put some of these plans into operation. So, the stairs at Rocky Point Road will be repaired. The bulkhead at Skippers Lane in Orient will be repaired. The road end at Youngs Road in Orient will be fixed up, so that .there is less of a runoff problem, and Jim helped me out. Sandy Beach Road will be improved. These are all very good things. We have been able to get 'chis money from the State because we are involved in our Local waterfront Revitalization Program. I'm happy to say that ! think that is moving along very nicely. Thanks. COUNCILMA[N TOWNSEND: I had forgotten something. You had asked me to stand in fo~ you at the dedication of the Robert Perry Day Care Center, and it Went~ very well. I thought I would report to the Board that there was some very moving tributes to the late Reverent Perry that died at a young age, and the facility is very nice, and it's a real testament to both Reverent Perry, and the community, that was responsible for it's building. I was pleased to do it. SUPERVISOR COCHRAN: Thank you very much for doing it, and representing the Town Board, Joe. I appreciate it. Louisa? JUSTICE EVANS: I would like to thank the Town Board for giving the grant to the Conservancy. SUPERVISOR COCHRAN: It will be well spent I'm sure. Alice? COUNCILWOMAN HUSSIE: Nothing at this time. SUPERVISOR COCHRAN: First I would like to share with you that Southold hosted the East End Supervisor's meeting this past month last week, and it's of Mayors and Supervisors from the East End. We hosted for lunch, and then they have a program. The program was the DEC in relation to the problem with the deer. Maybe you have been reading over in North Haven, and in fact all along the South Shore they are having a very serious OCTOBER 29, 1996 problem, because there is lack of control on the herds. There is a bow season. You have to have a certain amount of land for putting these different hunting seasons in effect, and the North Shore you have a nuisance permit, which is usually obtained by farmers when the deer are eating all their vegetation, and they are allowed to shoot them. But, it's becoming more and more of a serious problem according to the DEC. There's been nature groups that are now fully supporting the fact that we are going to have to begin to do something as far as the herd numbers are concerned. I also had the opportunity during the week as a part of another function to go over to Robins Island, and they used to have 200 deer on the island, and they controlled the herds, that they are now dow~ to 20, but they do not have any foliage from the ground up at least six feet~ and this is the same thing in North Haven, and places on the South Shore. There is no foliage wlnatsoever up to the six feet, and the feeling is. by your nature people~ and your environmentalists is that as these older trees die you are not going to have any growth or wood area at all in these areas, and they also shared that they find that the deer, as they have lack lof, food in one spot they must: have like a territory, which they maintain from mother to fawn, so they usually don't go out of that territory to look for additional food. They only stay within a given territory. On the. island in the first year over there before they started thinning out, there were for~ty-five deer that just died from starvation, so it's a combination of control of the herd, which is beneficial to all, but we're going to have to also as a community begin, maybe, to look at this. I did ask the DEC to send me some information. All of the East End towns are very concerned. In fact more than the East End towns, Fishers Island, and so,fo~th~ and you certainly are not helping the deer population by just letting them stay there, and starve to death through the winter. So, there are some controls the DEC feels is going to have to be put in place in the ~Utui~e. It was a very interesting presentation, and I can say that I learned quite a bit abou.t preserving and maintaining the size of the herd. I, also, had the pleasure this past week, the Secretary of State Sandy T~eadwell, ' in serving on a committee with him he said, Jean, I'd love to come down sometime, and tour the vineyards, and the wineries, because I know very little about wine making. So, I said, we'd be very happy to have you. He and his wife, Libby, came down, and this past week with my husband, and his wife, Libby, and several other people, we toured the vineya~rds, at least some of them in Southold Town. We wished we had time for all of them. We did extend an invitation for him to come back. We did that in the morning after coffee, and coffee cake served here, fresh homemade coffee cake made by my staff. They are good people. From there we went the vineyards, and then we had lunch with John Ross, who served local food as far as oysters, and mussels, and this kind of thing. Then we had the taut of Robins Island, and that's where I became familiar with the foliage,, and the undergrowth. I mean there is none. You just look clear through the woods, because the deer have destroyed it all. This first year without the number of deer over there it's beginning to grow a little bit more, but we had the tour of Robins Island, and then we came back over, and did one or two more vineyards, and I would like to thank those that we did Visit~ They were very 'kited and generous. It was a very nice day, and I gave the Secretary the opportunity to know a little bit more about Southoid, and to realize the importance of the vineyards to our economy. It was a good time. It's five o'clock. We will have a motion to adjourn for the hearing. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Reconvened at 5:22 P.M. SUPERVISOR COCHRAN: Since there was no opposition to the law we will go for Resolution #31. OCTOBER 29, 1996 31.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 15th day of October, 1996, a Local Law entitled, "A Local Law in Relation to Parking - Goldsmith's Inlet; and WHEREAS, the Town Board held a public hearing on this Local Law on the 29th day of October, 1996, 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. 19 - 1996, which reads as follows: LOCAL LAW NO. 19 1996 A Local Law in Relation to Parking - Goldsmith's Inlet BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 65 (Park.ing at Beaches) of the Code of the Town of Southold is hereby amended as follows: Section 65~2A(6)is hereby amended by addin9 the following: (6) Parking area located at the terminus of Mill Road, ~_~ngFtsPand Sound-, and both sides south on Mil Road to the intersection of Second Avenue, Peco~ic, known and referred to herein as "Goldsmith's Inlet Beach". II. This Local Law :shall take effect upon filing with the Secretary of State. * Underline repr. esents additions Overstrike represents deletions. 31.-Vote of the T~ow~ · Board: Ayes: Councilman Moore, Justice Evans, Councilwoman ~ Olive, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Actually all this is, is the fact that we w,ere enforcing up there as far as parking is concerned, and through some research we found that is was not in the Code. We were enforcing something that was not in the Code, so now we placed it in the Code, and we shall continue to enforce !it. Now, we are legal. Is there anyone that would like to address the Board on any topic, or issue, that you would like to share with us? Mr. Siegmann? ED SIEGMANN: I would assume all of you read the letter in the newspaper that was put in by Linda Goldsmith. SUPERVISOR COCHRAN: Linda was here earlier. ED SIEGMANN: I think she has some pretty good ideas. I think if we look at what we're 'faced with in Southold this coming year, and possibly the year after, because of all the tax increases we're going to get for the different things that are needed for extensions of schools, for the libraries wanting to expand, and for the 2 million dollar bond issue for open space foi; buying the develop, ment rights, the wish of the Town Board from what I under~tand for seeking the possibility of having a pool, the possibility of the Town Board for the Town Hall needing more space, the possibility of ha;ring to look for space for your courthouse. All these things put together are going to become a terrific burden on the people in Southold. As we look around and see some of the things that are taking place I see a lot ofl duplication. A shining example is in where we already pay taxes for the community center on Peconic Lane I, now, see that the libraries all want to build extra meeting halls to entertain the same sort of programs that we're paying taxes for in Peconic Center. Looking at those things, and seeing how there is a repetition of things taking place, and even the fact that the libraries are going into programs, that are really teaching programs. I For example, when they have class on genealogy, when they have a class on English as a second language, and all of these programs I'm sure can be handled in the schools. In fact, two of the programs that I just mentioned, I went to the Mattituck School today, and asked them if instead of this being held in libraries and places like that, if they wouldn't make the space available for these people to hold the programs in school, because already at night they have adult programs, and the school Ts open. Their answer was that they were willing to make room for these people asl long as they are non-profit organizations. If they are organizations were somebody is making a profit out of it, then they have to be very careful what they permit them to do in schools. I have been 18 6 ocToBER assured by the two that I was interested in, two programs that I just spoke about, I've been assured by them that these are strictly voluntary programs, nobody gets paid and that, and Mr. EIIwood told me to have the gentleman who is interested in running these programs call him up, and he'll see what he can do for him. I'm positive that if this were looked at for many of the other programs in these libraries you wouldn't have to have extensions on some of these libraries, and I want to talk mainly about the one in Mattituck now, because the one in Greenport I don't know enough about. In Mattituck where they say it's necessary to have a meeting room built to maintain 125 people, I don't know when I ever see meetings down around Mattituck that are 125 people. When the meetings get above fifty people or seventy people, because the town has held some down there already, the Suffolk County has held some down there :alreadY, they ar, e always held in the auditorium of the school. They are not' held ~ in' the library, and for us to start paying taxes for duplication of these make absolutely no sense to me at all. I could go down a whole llst of programs, that these places are running that can be held, and are already being held at other places. The wife an eat to B5 Alive traii~ing a few weeks back, two Tuesdays in a row. iowa .the Children's area in the library in order to hold those s. There was absolutely no necessity for holding tho~se BB Alive meetings in-there· I've been down to Reeves down at the C;0mrduhi{y Center for the Town~ and he hol~ courses, and he said if there is anybody else that wants to classes there are days that are available down ati the to do this. This is one of the reasons why I'm takir~g ~ letter that Linda wrote in, and I'm positive that some of the ~.hlngs that sl~e says in there, there might have to be a change in the I~w in o~der to '~b~ing .it about. For example, how school districts would tax and would pa~ ta~eS~ in one way for a central high school, and pay taxes another ,the primary classes that are left. But, I'm always optimistic, that .~le sit down and talk that something can be wor~ed out to solve some ,of:~ these probems t's with that mind and thought that I'm asking you, as a Board, to become interes{ed in some of. these things,: even if it becomes necessar~y to call meetings of all the, se I.braries, an~i talk to t,hem ab0u, t'.p,~O~,gpams, that you already have ongoing that we don't have to w~nd up w~th it in four different libraries, and in some of the different community cente~: want to explain something to you, that I witnessed a week agoI I accidentally stumbled across the fact that the Mattituck Library was ng to hold a meeting to discuss the revote in Laurel, because Laurel had voted down the extension of the library, and they voted it down on ~he basis not for expanding the children's library. They were 100% in agreement with expanding the children's library. They were in opposition person meeting room, that the library wanted to build. rules in the town, that say if there is a certain amount of ~ve to meet, they have to have a certain amount of parking SP ~e ruling was for Mattituck Library to have forty parking spaces. accomplish the extension that they want, in order to parking spaces, they have to tear down every tree that exis library down there. The Town is asking us to vote in favor n dollar bond issue to save open space, and here we got in our own town going to level a whole field of trees to make pa es, where if they were to cut back on the amount of meeting need, because they don't need that meeting space, if they we on that you wouldn't have to cut all those trees down. These ~ings that I'm looking at that I'm think the town has to someway get these things. Well, I stumbled across that meeting, as I and I walked into the meeting that they were having for revotlng. There wasn't a soul in that place other than m.e community, and asked, did you put a notice out for the commun,~ end this meeting, that they could hear or get into the discussion of Why ~you, are revoting something that was just voted down? I was told th~ a notice up in the vestibule of the library, so the only one that notice would the people that went into the vestibule of ti Nobody else in the town would see it. The meeting chairlady said, we're here to discuss the revote of the librar in Laurel. I said, why aren't you revotlng in Mattituck. Th~ voted on the same item. It was an equal vote. Mattituck vo' Laurel voted separate, and the agreement was that if one of back, and went down over all. So, their answer is, hey, we Mattituck, why should we revote Mattituck? We only want to where it lost. I'm asking anyone of you to run for office. If you see ~ry. the i~ .iin te it ;t an OCTOBER 29, 1996 1 87 election by six votes in your election, could you come to the community and say to the community, hey, three of you won, we'll take those? The three that lost, we're going to revote those three. This is what we're up against because nobody is controlling these people. Then I sat and listened to the following, after I said what I did about the voting in both places, and was told, no, they are only voting, they went around the room and polled all of the Board members, and this is the conversation I heard. One member said, oh, there was a library constituent of ours that walked in here the other day, and said, hey, if I had known that there are absentee ballots, if you revote that again I can get you five more absentee ballots. This is the kind of conversation I heard going around that table. i got so mad I did something I shouldn't have done. I used a curse word. ! don't know there were so many puritans around that if you. used the curse word that you were going to hung for it. But, I said, I spent three years, and I'don't like to use this as a argument, but I spent three years in the Pacific fighting for democracy in World War II. You are laying the foxholes.. You are laid out in .places hoping that you wouldn't get hit by something, · that was being knocked overhead, and I got to come home, and listen to th s kind of democracy, being spread around, and if you vote again I can.get you extra votes? Well, they put it up for a vote again. I'm done my damnedest to do whatever I can to see that it gets turned down. We. passed out leaflets in Laurel asking people to vote against it. But, you are handicapped on these things in this town. You have so many people' who are able to afford these things. Then you have the group of people, that can't afford them. What do you do, keep chasing the people out of town that can't afford to pay for these things? This is why I'm asking the Town in some way to get some kind of control over these taxing agencies. When a taxing agency is put up for a revote on something that was voted down four weeks before there is something wrong. Thank you for your attention, but I don't.onlY want attention. I would like to see some action. Thank yot~, SUPERVISOR COCHRAN: Thank you, Ed. BILL WURTZ: I am Bill Wurtz. I'm a member of the Ad Hoc Animal Rescue Committee. I have one question before I start. Have we gotten a satisfactory report from the North Fork Animal Welfare League as far as finances? COUNCILWOMAN OLIVA: No. They have submitted one financial report, but they did it when we had a meeting, incorrectly. They are in the process of finding out how many animals are legal animals, and we will have that report by the end of the month. BILL WURTZ: This is the financial report I'm talking about. COUNCILWOMAN OLIVA: Right. BILL WURTZ: Okay. Over the past several months I have attended many of the Town Board meetings here. I can not believe for the past seven months that there has not been a satisfactory financial report. The contract states on page eight that whereby North Fork Animal Welfare League will provide financial reports. Further going to page seven, paragraph H, states that they are to fulfill any of the terms that result in a ten day notice 'of the Town's contention to terminate this contract. What do you think after seven months of requests some kind of expense report, you would at least exercise this, and force the issue to get the report? Let's keep in mind that this is a $118,000 of taxpayers' money that is not being accounted for. Maybe it's chunk change I don't know, when you look at a fifteen million dollar school budget, what's a $118,0007 SUPERVISOR COCHRAN: It's a lot of money. BILL WURTZ: It concerns me greatly and a lot of other people. There is no excuse Mrs. Oliva. I'm tired of hearing you making excuses for these people. Provide us with the report. There is no more excuses. We are out of time. I mean you read in the newspaper that you are looking for a 1995 financial statement. Now you are looking for a 1996 financial statement. The Ad Hoc 'Animal Rescue League does not want to be part of this problem. We want to be part of the resolution, and a positive note as a retired person I'm prepared to offer you time, and do what 1 can to help this resolution to it's fruition. Maybe ;t's time for me to go visit the OCTOBER 29, 1996 DistriCt Attorney, and have these reports subpoenaed. You don't have to go to any accountant. This is just entries in the computer, where you can call out the numbers. This is not a big job. I'd be willing to help you out if I can. Thank you very much for your time. COUNCILWOMAN OLIVA: Can I add just a little bit? i don't like it anymore than you do, but there has been discrepancies about who has how many dogs, the pound, or the State?. The accountant resigned. BILL WURTZ: Not acceptable. COUNCILWOMAN OLIVA: Maybe it is, and maybe it isn't, but.. BILL WURTZ: Can you find someone to do the report? COUNCILWOMAN OLIVA: Yes, there is now a reputable firm that has taken over, Rehn and Fore, our own people that we use, the Town uses, and Riverhead, that are taking it over. Everything is being coded properly. BILL WURTZ: When will we see a report? SUPERVISOR COCHRAN: Ruth, I don't think it's Rehn and Fore, but it is another firm. They have hired a firm to review their books, and come up with what we hope will be a better standard. COUNCILWOMAN OLIVA: I think it's going to be a far better report than we have ever had before, because there was never a report given in 1995. I did not see you people here raising an issue about it. There has been changes in the Board. I wasn't aware that there was supposed to be a monthly report in 1995. I was only made aware of it in January of 1996, and I have been on the phone with these people. I have met with these people. I've seen reports. They have not been acceptable. I've sent them back, and asked for it. Finally, I think there was a person that is anxious to work with this Town Board to rectify the situation, and has initiated some very good financial procedures that were never there before. So, I have to give this person, he is new at it, a little bit of time, at least to the end of the month to do it. I just spoke to him last night. BILL WURTZ: Thank you. I have serious concerns here. COUNCILWOMAN OLIVA: I haven't seen a report from 199~. BILL WURTZ: You want fifteen million for schools. You want two million for land acquisition. You want to build a new pool. Who is going to account for this money, when you can't even get an accounting for $118,0007 SUPERVISOR COCHRAN': There are different districts within the Town of Sour, hold. You have your library districts. You have your school districts. You have your-: park districts, and each one is autonomous. We can"t dictate to them, and they don't dictate to us, because they are elected by you the public. They are responsible to you the public, as we are responsible to you the public. I think, and Ed, too, you have to take your fight to the dJstrlct in which it's there, and if you are unhappy with the way it's being run, or the people, you change the people, or you change the system. I realize what 'Ed is saying, that it does behoove us as the legislative or the leadership body of the community to try to pull these things together. I can't argue with that. It's a point, but we can only pull these things together if they agreeable. Now, I plan to put Mrs. Oliva on .the agenda for next Tuesday meeting to have an update on the Animal Shelter, because it's important that the entire Board know what's been going on. They have gotten another C.P.A., and we're hopeful this time that they will give us a decent accounting. Those that we have are public information. The problem that faces us is that, yes, we could terminate a contract maybe tomorrow, but-what do we do with the shelter7 We have nothing in place to take over the animal shelter, or to take over the running. Do we go back to dog catchers? I saw one shoot a dog in my backyard one time. That's not OCTOBE. 29, 99 "t89 the answer either, and until we have a second vehicle for taking care of the shelter and the animals. We are in a Catch-22 position, that we can't just say, you're out. Okay? So, we're hopeful that with Mrs. Oliva's report the Board will discuss it, and begin to go in a direction because the problem does exists. We are aware of that. We are as sensitive to it, as you are. Hopefully we can begin on that. Mr. Siegmann? ED SIEGMANN: Jean, I agree with you. I know that these independent taxing agencies, and I'm not asking you to go in, and say they have to do anything.: Let me point out one thing that I want to make sure you, kno~,v before you would say .anything. Three times I got in touch with the hbr.ary with Mr:s. :Ross, Wh~ ~s the head of the Board, and I~ay, Before the first vote I said to them, ! have a program from the people who don't llke this, that would like me, or a committee, or somebody to sit down and discuss With you :Wh'at we: think should be changed in it. I went to them the day after the vote went down. I said I'm still available to talk to you~, that we don't bring about a disturbance in the community, I'll sit down and show you what the people would like to see. The first time they told me you are too late. The second time I got no answer from them. The third time when they held the meeting that I stumbled in on, and they were talking about revotlng, ! said, could you take out a few minutes, and listen to why the people voted no, that if you can correct it maybe you get a yes vote. I was voted out of order. I was told that you don't have .a right to raise that here, because we're only here to discuss the revote. This is exactly what I was told. SUPERVISOR COCHRAN: If that's the way it went that's sad, because you certainly should have the opportunity to express yourself. BOB STRIMBAN: My name is Bob Strimban. I am also part of this Ad Hoc Animal Committee, and the point was raised in 1995 that there was no financial report. It was not our responsibility that there be a financial report. It is the Board's responsibility that they should have looked into it why they didn't get a report. SUPERVISOR COCHRAN: I can only speak since '96, and I did ask for a report soon after. I think what we all want to see is a solution to problem, and I'm sure this gentleman has it. JIM BITSES: We have inside information, that are, quote, anomalous, i.n their report to this Board. There are expenditures far beyond normal. If the Board discovers that this is the case, or if there is looting of the trust fund for purposes for which it was not donated. This supplies the Board with prima facia evidence that should involve the District AttOrney, if you find these anomalous, that is. So, keeping an open mind about their report, assuming that the report is correct in all respects this course would not be necessary. But, if you do find that there are anomalous, which I do not anticipate since these people are honest people, if you do not find these anomalous, and that the trust fund is not being looted, then of course we will support you in anything you do. But, if you do find these anomalous, will you give us your word that you will ask the District A.~torney to look into this matter? Now, I assume that this will not be necessary, because these people are honest people, and they probably have given you, undoubtedly have given you an honest report. However, are the guardian of a contract, a $118,000 contract, and as guardians it behooves you to examine these figures with a view towards their correctitude, that is coining a term, correctitude. In any event, would appreciate it if you would make a copy of their report available the Ad Hoc Committee as well. I'm sure you will do your duty by thes~e honest citizens. SUPERVISOR COCHRAN: It's public information. You certainly will have a copy of the report soon after we receive it. I think we will have the Town Attorney review the contract to see exactly what our responslbillty is, and I don't know where we stand with the trust fund. Mr. Carlln, would you like to address the Board? '1 9© OCTOBER 29, 1996 FRANK CARLIN: Good evening, ladies and gentlemen of the Board. Before I start ! would like to make something clear here. Evidently last week when I left the Board meeting I confused some of you Board members, when I mentioned the reason I wasn't here for three or four months, was I was getting a new set of batteries, and someone came to me and said, I didn't know you had a pacemaker, Frank. I don't have a pacemaker, and I don't have a hearing aid. I'm not going speak on the library tonight. I had my shot last week. I want to speak on something that involves taxes. I'm not blaming the Town Board, and I'm not going to blame the Police Department on this, but, can anyone on the Town Board tell me how many. hours in overtime, or in money, have we spent on police overtime since we took over Greenport since November 17, 199~t? Now, I know you are not' going to be able to answer that. SUPERVISOR COCHRAN: Not right offhand, but we certainly should be able to get you the answer. FRANK CARLIN: I stopped counting the overtime about a year ago. COUNCILMAN TOWNSEND: The Town Board is still waiting for the answer on that. FRANK CARLIN: It was in the thousands. COUNCILMAN MOORE: Hundreds of thousands. FRANK CARLIN: You have to remember, Madame Supervisor, these are time and a half costs to the taxpayers of Southold paying this money out, and no one on the Town Board is going to tell me that this kind of money is being spent doesn't, er didn't, have an effect on this budget this year. SUPERVISOR COCHRAN: I'm sure it did. FRANK CARLIN: You agree with me on that. Not only the overtime, but the legal ~uit that has been going on in legal fees, $32,000 for Southold, Sit0,000 for Creenport, and it's not even over yet. Mayor Kapell says, we're on solid ground. What happened here was, been wanting speak on this subject for about a year or two, but I wanted to get my facts straight. Now, Mayor Kapell had a problem with the police department, so he figures, well, I'll dump it on Southold's lap, get rid of it. My opinion is, he should have solved his own problems instead of dumping it on our lap, and giving us these problems, it was eighteen months before we could hire a police officers. ! believe we hired already three, right? Three so far? Is one them the money that was allotted from COPS on there? We were allotted $75,000 from COPS towards hiring the police. That pays for hiring one of these cops right? COPS, it's a federal fund. It's a grant given by the government to hire more police officers. You had $75,000 given to you this year. I:'~ take it for granted that this put towards these policeman, right? SUPERVISOR COCHRAN: We have the three, and we have six more in the Academy. FRANK CARLIN: Six more in the Academy waiting to be graduated either February or March. Mayor Kapell couldn't wait, couldn't wait for these other six police officer, so he filed a lawsuit against us. I don't know if the Greenport residents realize this or not, but money there that was given back by Mayor Kapell, bonus of what, $200., $250., they are going to spending this in legal fees before he gets done with his lawsuit. You should never have accepted the Greenport Police responsibilities unless, or at least, give the people of Southold an opportunity to vote on the issue as well as Greenport did. SUPERVISOR COCHRAN: How the law works, we are obligated to absorb them into our department. I'm not saying that system is fair. FRANK CARLIN: One way street, right? Mayor Kapell says, I want the police to enforce the parking in Greenport. You wouldn't have had to worry about the parking in Greenport if you had left the parking meters in there, and had a Code Enforcement Officer. We had one once before. At the September 17th meeting he said, oh, a Code Enforcement Office cost me $100,000, because he needs a gun, and he needs a car. We have a Code Enforcement Officer here in Southold. He doesn't have a gun. He makes about $35,000 or $~0,000 a year, right? As far as the car he had three police cars stowed behind the power plant there for almost a year. He could have used one of those. It's a shame with the money that we're spending out between overtime, and legal fees, it costs the taxpayers of Southold Town a lot of budget this year. That's one of the things why our taxes are going up. SUPERVISOR COCHRAN: That's one of the reasons we hired this officer tonight as a Sergeant. Officer Van Etten was moved up to Sergeant today, because we've been paying just unbelievable, there's been an empty Sergeant's slot, and we felt it was time, by the time you send for the Civil Service llst, and do all the things you have to do in following the procedure, but the amount of overtime we're paying out right now for Sergeants is horrendous, so we would be further ahead with moving his up, and getting him in the slot, because you can't even do the s~affing as far as Sergeants are concerned right now. That's why so much overtime is being spent. In relation to the lawsuit in Greenport we've been having our attorney, and Greenport's attorney has been having conversations back and forth, because it is my feeling, I'd like to believe that the people sitting here are here in addition to many of their alu.ties, and leglsla~ors, and-so forth, are here to solve problems, and look at the welfare ~f~; the community, and take the action or the steps therein to reach a certain goal. It 's our goal that we would like to see the lawsuit be Greenport and Southold solved. It's costing us money. It's costing em money. (tape change) Not mature enough to discuss and Solve something is terrible wrong, and we're not being fair to the taxpayer.. ), in the very near future hopefully we will be able to solve this to ~the betterment of all those involved including the taxpayer. let you know that the Board is moving in a direction. Th~ese are we're going to be discussing. Some of this the groundwork the put in place, Frank, and I can not say anymore 'than with them, and discuss it, It is litigation, but we are a-~ are looking to a agreement, a mutual agreement. I can't sh ymore you. FRANK CARLIN: Before you took ever the department back in November of 1994, didn't we know about these allegations against some of the officers, some of the problems we were going to have? SUPERVISOR COCHRAN: I don't know, Frank. FRANK CARLIN: We took it over, and then find out we don't want to hire a police officer? SUPERVISOR COCHRAN: Some of us were here, and some weren't. Frank, we had no choice. It's not our choices. Some of us were here~ some weren't. That has nothing to do with it. The fact is that the way the law works is that if they choose to disband they're finished, we have to pick up that load. There's' no yes, no, maybe about it, Frank. It's the facts of life. Whether you like. it or not, it's the system. FRANK CARLIN: He's always complaining he never has enough police protection. I'm only saying, he's not even giving you a chance. It takes six months to train some officer. Eighteen months you waited to get the okay. It takes six months to get six of them. This lawsuit is costing $70,000 between Greenport and Southold residents. As far as the State Police go; I agree we should have a State Police barracks on the North Fork. They nave it on the South Fork. We had one years ago. We had a State Police barracks, believe it or not, in Southold across the street from the American Legion. It stayed there about a year. Evidently it disappeared. I do know one thing when it was there. They were giving out a lot of tickets, and making a lot of speed checks. After a year it went. They pulled it out. We should have one, but I don't ever think we'll ever see a State Police barracks out here. What I'm saying is, he is always complaining about the crime and everything. The September 17th meeting he's reading off all these papers in the Suffolk Times about all this crime. Well, every town has' crime in it. Look at some of what he read off. Pocketbook left in the car. Well, anybody that leaves a pocketbook sitting in a car you might just as OCTOBER well put a sign up on the top, I've got a pocketbook in the car, here take it. A cellular phone in the back seat. Put a sign up there, why don't you? Say, here take it. I'm going to finish. The whole trouble with Mayor Kapell in opinion is he thinks because he waves a magic wand, that everyone has to jump. I don't think we should jump. It's cost us enough money now. Thank you. I said it before, and I'll say it again, Happy Birthday, Madam Supervisor. SUPERVISOR COCHRAN: Thank you, Mr. Carlin. If I may is there anyone else who would llke to address the Board? (No response.) ! have a couple of things that I would llke to bring to your attention, and our watchlng audience. As you know Election Day is coming up, and we do have the proposition, a bond resolution on the ballot for $2,000,000 to continue our preservation program. It's been a non-political through the years supported by both Democrats, and Republicans, and this is for the development rights Of agriculture. One of the things I like about it is spend~ing the money in that direction is, the property does not go off. the tax rolls. It stays on the tax rolls. I am not supposed to be .pushing this, and I'm not. I'm not spending any money on it. I'm merely telling you :that it's Number Five on:. the ballot, so please look for it. It's' ir~ the spot of Number Five. COUNCILWOMAN OLIVA: We have ten applications of parcels in the wings waiting ~or that bond issue to be passed. SUPERVISOR COCHRAN: Also, I~ would like to share with you that we have our Fall Leaf and Brush Cleanup. It's been scheduled. Orient Point to Trurnan's Beach is November 18th. Truman's Beach to Moores Lane is November 19th. Moores Lane, Greenport to South Harbor Lane is November 20th, South Harbor Lane to New Suffolk and Nassau Point to Alvah's Lane in Cutchogue is November 21st. Alvah's Lane to Mattltuck to Laurel Lane, 12aurel is November 22nd. I think most of you know the rules. This will be appearing in the newspapers, but I would just like to share a little something little something with you. Not too Ion9 ago in moving some of the piles' of the brush,: which we are composting, and chipping, and doing whatever has to 'be 'done, the machine hit a piece of metal, a pretty good size piece of metal. The repair to that machine was $5,000. Granted the insurance paid some of it, but not all of it, so we would request of you, the llstenln9 public; and the watching public to, please, please, please, adhere to the rules, and do not put anything out but brush and leaves. Also, we understand that there is a little confusion as far as placing it in bags, or not placing it in bags. I believe there was one notice in the paper that said, you know, do not place in bags. Yes, we do accept the leaves being placed out in bags. They must be in bags outside the road, because the Superintendent of Highways does not have payIoaders that can go along and scoop every single bit of leaves. So, we do appreciate it in the bags. Please, don't put anything else in that pile except the brush, and the leaves. This was an unnecessary expenses, and we weren't too happy about it, b(~t"it had to be repaired, so we appreciate your cooperation. I think Mr. Jacobs and his program has been very helpful to the community. It helps us all do our fall cleanup, and make our yards a little bit more attractive, and so we ask for your cooperation. Alice has something. COUNCILWOMAN HUSSIE: Earlier this evening, Mr. Siegmann, you mentioned in your litany of places that were taxed, and Mr. Wurtz mentioned it also. You talked about the school and the libraries and everything, and you said, and yes, we want to build a pool. Before that gets to be a rumor that becomes a fact, I would like to assure you that the Pool Committee hasn't even met yet, much less decided that this is going to be a taxing thing. In fact, as the Chairman, it is my goal to have this be a user fee situation, and not on the tax rolls. 5o, I just want you to know tl~at before it gets started. ED SIEGMANN: It wasn't really a rumor that got around. It was in the newspaper, that you were forming a committee. COUNCILWOMAN HUSSIE: It's not a taxing thing. We're looking into the feasibility of all, and in fact, we're still looking for members. Until November 6th ~we're taking applications from members for the Pool Feasibility Committee, and I would be very pleased if anybody would apply. I wanted to straighten that out. OCTO[~ER 29, 1996 ~ FRANK CARLIN: This gentleman just replied to me that I should go to Oreenport, and say what I'm saying. I challenge Mayor Kapell. If you want to come here to the Town Board meeting, here's the microphone, I'll debate him on this issue. SUPERVISOR COCHRAN: Thank you, Frank. I'm sure you will, Is there anyone else with any comments for the Town Board? COUNCILMAN TOWNSEND: You brought up the ballot, and there is another. I just want to mention that the Peconlc County Advisory referendum is on the ballot, and I would encourage people to read the information, that has been in the newspaper, and the summaries of the study that was done, and vote on that issue. It's important that the Town get feedback in this area. We're talking about taxes, and :jt's~:prop0_sed that this is way we might possibly save money on taxes. On-'~ of {he-tl~ings that showed up in our mailbox today was a letter from the West End County Legislature, and they were saying that they plan, if this thing passes to immediately demand the tens of millions. They are particularly concerned about the tens of million dollars that they are annually approving for a number of things, County Center, including County Jail, County roads, bridges, and County Airport, so forth and so, most significantly open space acquisitions, which will protect our future drinking supply. That's true there have been tens of millions of dollars. It's important to note though, that as a per capita we have been paying fifty percent more than the rest of the County for these things, and for many things in the west end, so they accuse us of not having all the information, yet they ignored in this letter much of the information that has provided to us. I would llke to send them a copy of the study, and ask them to revise their letter. That's all I have to say on this. SUPERVISOR COCHRAN: Anyone else? (No response.) Okay, motion to adjourn. Moved by Councilwoman Hussie, seconded by Councilwoman Ollva, it was RESOLVED that this Town Baord meeting be and hereby is adjourned at 6:10 P.M. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. -['his resolution was duly ADOPTED. Southold Town Clerk