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HomeMy WebLinkAboutTB-03/07/1995428 SOUTHOLD TOWN BOARD MARCH 7. 1995 EXECUTIVE SESSION 8:30 A.M. - On motion of Councilwoman Oliva, seconded by Justice Evans, lit was Resolved that the Town Board enter into Executive Session to interview a consultant for the purpose of representin9 the Town in hearings before the Suffolk ~ounty Civil Service, and at 9:20 A.M. to meet with Special Counsel Frank Yakaboski with regard to the Zahra litigation.---Vote of the Board: Ayes: Supervisor Wic:Ixham, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice IEvans (Councilman Lizewski arrived at 9:00 A.M.). WORK SESSION 9:35 A.M. Charlotte Bianchi, Red Cross Regional Director, met with thel Town Board and Supervisor Wickham presented her with a proclamation designatin91March ]995 as Red Cross Month. 9:~0 A.M. Frank Murphy, representing Bedminster Bioconversion Corporation, made a presentation to the Town Board on the possible use of a small portion of Soluthold Town Landfill Site for the construction of a compostin9 plant that converts the organic portion of the municipal waste stream into a high quality compo~t for agricultural and horticultural applications.---At the conclusion of the presentation and question and answer period, Supervisor Wickham said he would like to l~ave a closer look at the East Hampton compost plant, and he would like Mr. Murphy to make a presentation to the East End Supervisors Association. ~0:40 A.M. - Solid Waste Issues: Town Attorney Dowd advised the Town Board that the NYS-DEC has deemed the modified workplan for the remedi~tion of the Fishers island Metal Dump to be acceptable, and advised that they couid begin tl~e bid process. After a review of the submission requirements, the Town Board iplaced resolution no. 19 on the agenda authorizing the Town Clerk to advertise forI bids, and resOlutions 17 & 18 providing for a $300,00 bond resolution to f nange the project.----Councilwoman Oliva discussed with the Board a resolution to accept the proposal of Cameron Engineering to perform the necessary services for eva!uatin9 the status and condition of underground storage tanks at the Scavenger! Waste Treafment, Plant to bring the tanks into compliance with the current Articlel requirements of the Suffolk County Hea~th Code. Supervisor Wickhar~ anci Councilman Townsend questioned the need for ~the evaluation, and suggested that H2M, who originally built the tanks, be asked for an estimate for accomplishing the work, thereby bypassing the need for an evaluation.----The Town Board next discussed a proposal from Solid Waste Coordinator Jim Bunchuck and Recyc!ing Coordinator Mary Mulcahy Jackson to include a Marcal rebate offer in their next newsletter due out in mid-May. They feel this is an excellent way to show the Town's support and to educate the residents on what happens to the paper they recycle, in studying the rebate offer, it was discovered it expires Juty 3~st; Due to the large quantities of products that must be purchased from Marcal toiobtain a $5.00 rebate, the Board decided to ask Mr. Bunchuck and Ms. Jack,on to investigate the possibility of Marcal extending the rebate deadline. MARCH 7, 1995 429 11:10 A.M. Planning and Zoning Issues: Town Board reviewed a proposed amendment to the site plan provisions of the Zoning Ordinance, giving the Planning Board the authority to "determine whether a site plan or amendment of same is required, and no building permit shall be issued by the Building Inspector except upon authorizing of and in conformity with the site plan approval by the Planning Board and all other public agencies involved." At the present time this determine is being made by the Building Inspector, and Councilman Lizewski urged the Board to leave the site plan determination process as it is now. Councilwoman Hussie submitted, and reviewed a copy ora survey, prepared on 2/8/93, indicating how other Town's handle site plan review, Councilwoman Hussie's report indicates that in most instances 'site plan review goes through the Building Department. A suggestion was made that criteria be developed that would trigger site plan review, and the Town Attorney will add criteria to the proposal to clarify what would require site plan review.----Joseph Fischetti, Chairman of the TDR Study Group, met with the Town Board to bring them up to date on the progress of the group. Also in attendance was Ann Lowry, a member of the TDR Study Group. 12:30 P.M. - Recess for lunch. l:45 P.M. - Work Session reconvened. Personnel matters: Authorized Town Clerk to readvertise for membership on the Board of Ethics. Only three resumes have been received, and one would have a conflict of interest.--Set 2:30 P,M., March 13th to interview applicants for School Crossin9 Guard.--Set 4:00 P.M., March 16th to interview applicants for the Clerk Typist vacancy in the Justice Court.---Placed resolution no. 23 on the agenda to authorize Detective Dzenkowski to attend a DARE conference in, April. 2:15 P.M. - Receiver of Taxes George Sullivan met with the Town Board to discuss the 1995 Budget, his salary, salaries of the employees in his office, and other matters that are of concern to him. EXEC'UTIVE SESSION 2:45 P.M. - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to conduct two interviews with consultants for the purpose of representing the Town in hearings before the Suffolk County Civil Service {see resolution no. 22), and the possible sale of Town property to the First Baptist Church of Cutchogue. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present Town Clerk Terry, Town Attorney Dowd, Senior Accountant Cushman. 4:15 P.M. Doris Dean, Chairperson of the Southold Town Blood Program, and several volunteers met with the Board. Ms. Dean thanked the Town Board for the use of the Recreation Center for four blood drives this year, and Penny Coyle outlined Town of Southold Blood Program 1995 budget needs. Due to the fact a provision was. not made in the 1995 Town Budget for a donation to the Blood Program, Supervisor Wickham said it would be considered for 1996, however, Councilwoman Hussie volunteered to purchase the jelly beans and jelly bean bags, a $132.00 cost to the program, to help reduce their 1995 expenses. 4:30 P.M. - Fritz Trinkline, YMCA Consultant, met with the Town Board to discuss the proposal for a YMCA in Southoid Town. .Mr. Trinkline indicated that a study shows strong suppgrtt': for a YMCA. Supervisor Wickham presented a proposal to make a portion of Tasker Park on Peconic Lane available for the construction of a YMCA (see resolution no. 24). Some of the individuals in the audience expressed their views, includin9 Jean Cochran, Chairperson of the Parks, Beaches and Recreation Committee who recommended against the use of Tasker Park, and suggested if it is the wish of the Board they consider Laurel Lake Park where there is considerable vacant land. 5:15 P.M. - Councilwoman Oliva updated the Board on New York State's requirement that the parkin9 fees at the Norman E. Klipp Marine Park (Gull Pond) for non- residents be only twice that of the permit fee for residents, which would be $12.00 per year. However, she has another proposal which she discussed with the State, and that is the swap of a launchin9 ramp off of Beach Road, in the vicinity of Gull Pond, for the one at Gull Pond, where non-residents could launch their boats at no cost. Town Attorney Dowd will investigate the legality of the proposed swap.- Executive Administrator Jim McMahon updated the Board on the Lottie Amlsroski ,unsafe building situation at Main Road, Peconic. Temporary snow fence should be in place by March 15th, and he will prepare bid specifications so the structure can be removed in July. Estimated cost to remove the buildin9 is $20,000. 5:20 P.M. - The Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. 5:30 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on March 7, 1995, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Would anyone like to move the audit of the bills? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the followin9 bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $50,892.19; General Fund Part Town bills in the amount of $3,732.31; Community Development Fund bills in the amount of $24,000.00; Highway Fund Whole Town bills in the amount of $15,245.97; Highway Fund Part Town bills in the amount of $4,3~4.09; Employee Health Benefit Plan bills in the amount of $/$5,899.52; Fishers Island Ferry District bills in the amount of $21,398.09; Refuse & Garbage District bills in the amount of $6,u,6/$.35; Southold Agency & Trust bills in the amount of $50.00; Fishers Island Ferry District Agency & Trust bills in the amount of $7/$4°30. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the February 23, 1995~ Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at /$:30 P.M., Tuesday, March 21, 1995, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman LJzewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I think most or all of you have copies of the agenda out there. We ran out. I hope that many of you have copies of the agenda for tonight. There are no public hearings scheduled. There are a series of resolutions, that we're about to take up. There are some 2/$ of them. Earlier today we had two proclamations. One of them was for the American Cancer Society. That one was about 7:15 this evening for designation of March 22 to 26 as Daffodil Days to honor the volunteers of the $outhold Unit of the American Cancer Society. Earlier we had another proclamation for the American Red Cross designating March as Red Cross Month. In addition to that the Southold Town Blood Program met with us this afternoon seeking support for their voluntary programs on behalf of residents of the town. MARCH 7, 1995 431 I. REPORTS. 1. Southold Town Board of Trustees Monthly Report for January, 1995. 2. Southold Town Building Department Monthly Report for February, 1995 3. Southold Town Clerk's Monthly Report for February, 1995. u,. Southold Town's Program for the Disabled for February, 1995. 5. Southold Town Community Development Monthly Report for January, 1995. 6. Southold Town Justice Tedeschi's Monthly Court Report for February, 1995. 7. Southold Town Planning Department's Monthly Report for February, 1995. II. PUBLIC NOTICES. 1. Corp of Army Engineers, New York District, application of June Duffner to replace an existing fixed pier, reconstruct an existing ramp, and reinstall an existing float to provide safe mooring for the applicant's vessel. 2. Long Island Lighting Company notice of tree trimming in Peconic to be completed by March 31, 995. III. COMMUNICATIONS. None. IV PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR WICKHAM: We have the 2L~ resolutions before us tonight, and before we entertain those resolutions it's an opportunity for anyone in the audience, who wishes to address the Board on any one of these resolutions. The Board policy is, particularly to keep diversity, and keep a lot of people able to make their comments, is to, please, restrict your comments to five minutes. Unlike in previous meetings each person will have his own five minutes segment. We're not going to be borrowing segments from other people tonight. So, anyone who would llke to address the Board on any of these twenty-four resolutions, that are before us tonight, is most welcome to do so now. Yes, sir, Mr. Flynn? F. M. FLYNN: I'm F.M. Flynn from Southold. If I read fast I can .confine my remarks to the five minute limit. I would like to address Resolution #u,, regarding the proposed public hearing on March 21st concerning affordable housing. I wish to make two comments, and pose several questions. I'm surprised to find this matter on the agenda at this time, since the Planning Board's progress report indicates, at least to me, that the matter was ongoing, rather than one that had been analyzed by the Planning Board, and turned over to the Code Committee. I call attention, once again, to the time of the public hearing on an item of such importance to the future of the town. An afternoon hearing hardly makes provision for attendance by a maximum number of town residents. With respect to questions they may very well be considered oratorica , at this time, however, I'm convinced that the Board can lay no claim to openness, and full disclosure, unless full information on the matters questioned is provided to the public prior to the enactment of any relevant legislation. Now, the very title affordable housing I pose the question, affordable to whom? Certainly not to the town's already overburdened taxpayers. I presume the proposed legislation represents the implementation of recommendations from the Task Force. It is significant that even the Task Force concedes that affordable housing is actually subsidized housing. Who other than Town taxpayers will be asked to pay for such subsidization? The required funding is projected to be provided in part by government funding with matching funds to be provided by the Town, presumable by means of yet another bond issue. The Task Force also proposes that the projects be administrated by the North Fork Housing Alliance, thus making the operation even more remote from the elected Town officials. As another area of expense to the taxpayers it is proposed that the Town pay fees, and provide start-up funds to the Housing Alliance. Relying on such outside sources calls to mind the Arab proverb concerning the camel's nose under the tent. The inevitable result of such reliance is a surrender of control by Town officials, and the imposition of outside interests. These affordable housing units would presume to be located in the yet to be delineated primary and secondary hamlet areas. Passing the proposed legislation without defining the areas on which they are to be located doesn't not inform the residents of these areas what awaits them, as a basis for their participation in any informed debate. This is what I have previously maintained, namely that such changes in the Master Plan can not be adopted piecemeal without full disclosure of the Board's intention. Otherwise, residents of these hamlet areas can not become informed participants in the process. Further, increased school taxes can be anticipated in the districts to which these units are to be located. Has it been considered that if these hamlet areas are created by TDRs, the cost to taxpayers would be even higher? The Task Force anticipates in approximately two and a half year period for the acquisition of development rights, however, the Task Force anticipates an approximately twenty-five year period to absorption of the acquired development rights. The acquisition costs and the fine for financing would also be at the expense of taxpayers. Time doesn't permit me to examine alternatives, which are available to the town. In the first place, however, there is available housing, available in the town at prices which are within current affordable limits. There is financing available from the FHA at total down payment of 6%, including all origination andclosing costs. The down payment can also be provided by relatives or friends. Additional funds are available for the owner, rather than the Alliance, to rehabilitate these structures. The Farmer's Home Loan is also available with no down payment, or closing costs, to local Iow income residents. Rental supplements are available to Iow income applicants under Section 8, and those with no income can qualify for Social Service assistance. As a matter of fact, the high rent allowances already provided have had the affect of propelling rental prices upward. With all these programs in place it's highly incumbent on the taxpayers to bear the burden of subsidized housing. The proported need is promoted by those likely to profit therefrom. Approximately fifty percent of the Town's population is over the age of fifty. Many of this number are retirees. It highly equitable that they in their later years be asked to pay for affordable housing, that was never offered to them in their youth. Further, the considerable population of second home owners, in effect, subsidize the town by paying high taxes, and demanding little by the way of service. They also should not be subjected to additional burden. In closing, ! say, once again, that it be incumbent on the Town Board to inform the residents of both expense and nature of it's plans if it is to claim creditable, that the planning conforms to the express wishes of the populace, and initial, if limited approach will be to fully inform those likely to be affected by affordable housing legislation by answering the questions raised tonight, and informing the public of it's intentions, prior to the enactment of any such legislation. Thank you. SUPERVISOR WlCKHAM: Thank you, Frank. Let me just respond very briefly, by first saying, that I actual agree tonight with quite a few of your comments. I'd just like to point out, that this is not bringing to the Board tonight, or to a vote, a new resolution, or new legislation for affordable housing. All this legislation does is to update the eligibility standards of the old legislation, that are in place. The old legislation from the Affordable Housing Program, that's on the books, and it's been on the books, for some years with Southold Town, with all of it's flaws, and attributes, has a qualification provision in there for peopte, who have income below a certain level. Every year the Town Board has increased that level in proportion to the increase in the consumer price index. The legislation, that is before us tonight, does nothing more than to update that eligibility level, making provisions to increase by about 2.1%, but I think a lot of your comments about affordable housing have important merit, and I think the Board will be taking them up in due course. F. M. FLYNN: I would just like to say one thing. What you said, more or less, supports what live been saying all along, that one can not reasonably deduce of the Board from these curt notices in the form of these resolutions, and I think it might very well be advisable for anybody to interpose such an interjection, not knowing whether it's going to come up next Thursday, it might be voted on next Thursday. That's the reason for my going into this at some length. Thank you. SUPERVISOR WICKHAM: Thank you. is there anyone else who would like to address the Board tonight on any resolutions before us? Mr. Bressler? ERIC BRESSLER: Good evening, adies and gentlemen of the Board, number 2L~ if you will, the YMCA issue. This Board is faced at this particular juncture with an unprecedented opportunity to improve the health and quality of life for all the residents of the Town of Southold. This Board can not pass up this opportunity. It must act by what is purported now. It must seize the moment, and take the opportunity to afford the residents of this town the upgraded quality of life, that they're entitled to. It will have no fundamental impact on the Town finances, and a balancing of the pros and cons clearly, and convincingly, argues in favor of such a proposition. The pros are virtually self-evldent. It would provide year-round health facilities, not currently available, and in all probability not likely to be available otherwise through this proposal. It will provide opportunities for youth. This Board has stated repeatedly, that it is in favor of opportunities for youth. Now is the time to do it. tt will provide opportunities for the elderly. This Board has stated that it is in favor of increased opportunities for the elderly. Now is the time to do it. In fact, it will provide opportunities for all residents of Southofd Town. It will provide an opportunity to run Town programs through the YMCA, thereby enhancing the quality of Town programs. The cons I'm giving to understand are limited to two issues. The first issue, which hardly needs mentioning in front of this Board, but which is one of those things, which gets mentioned under the breath from time to t~me is, well, if we do this we're likely to have undesirables, or we're likely to have people we don't want down there. I'm not even going to dignify that argument by saying anything further. That's completely absurd, and it ill befits the Board to even consider such an argument from anyone. The YMCA experience island-wide, and nation-wide has shown that, that just isn't so. The second objection, which I have heard raise to this proposal is founded upon a false premise. The argument runs as follows, this Town Board can not take Town land, and donate it to this project, such for not-for-profit organization can run it, it can't do that, because it would hurt someone in town. This is based upon a false premise, and the false premise is that the Town in all matters must always take the steps, or refrain from the steps, which will result in no conceivable, or hypothetical harm to any of it's citizen, and that is just not so. It is not so here. It is not so now, and it has never been so. If the Town runs swimming class programs does that not an impact on someone else? If the Town runs tennis programs does not that have a potential impact on anyone else? If the Town takes it's funds, and contributes them in someway to other not-for-profit, organizations around town, which I understand it does, does that not create a potential confJict or down side for someone in town? When a business comes into town, not necessarily this town, any town, if tax incentives are given for that business, does not that potentially have a down side? So, I put it to the Board, it is the wrong question. It is based upon a false premise. The Board has not, and no town Board can consider a project based upon that fal:se premise. What this Board must do is consider the pros and cons of this project as Councilmen and women keeping the good of the Town in mind. What is the overall good of the citizens? How are you going to achieve that? The answer is obvious when you perform a balancing test. The Town currently funds certain, not-for-profit projects. Certain towns, as I'm sure the Board is aware, have their own pools and health facilities. I went up to visit a friend in Larchmont. They have their own. They love it. You could do that, but for one thing. You can't afford it. We all know you can't affol~d it. How, indeed~ can we afford this project, if not like this? This is our opportunity. YMCAs. in other towns coexist perfectly well with other citi.Zens. I've already m~entioned tax breaks for businesses. There are ample precedent .for. this town .to do what it's being requested to do. There are no ~U~:I~ facilities in this t~wn, and we're not likely to get them, We all know that. That's an economic reality. I know that probably more acutely that anyone. Several times a week I drive down to Mastic, when I can. On hter, and a bunch of other girls of her age, down to can participate in programs down there. That is absurd this pportunity currently being presented to the Board. In conclusion, there' ampl..e precedent for what this Board is being asked to do. There will be no economic down side for the town, and it will create the greatest good for the greatest number of people, and if you don't seize the opportunity now, you're going to lose it, and I tell you that if you don't go for this, then this Board will be exposed to the people of this town for what it is, and how it makes it's decision. This is the opportunity. This 's why a large number of people are here to see this Town Board grab the opportunity, leap on it, get it done, and get us a project in this town, that we're not going to get any other way. I, respectfully, urge this Board to vote in favor of this particular proposition. SUPERVISOR WICKHAM: Thank you. Is there anyone else who would like to address the Town Board tonight on any one of these resolutions before us? DORIS GANNON: My name is Doris Gannon. lam a resident of the Town of Southold since 1973, and a summer resident for many years before that. I'll just be very brief on what Eric Bressler. I'd like to like comment on that issue about us having a Y here. i just came back from Massachusetts, and my daughter and son-in-law took me to their Y in Gloucester, which is a very similar area to what we have here. They have Y's all over the place up there. They're affordable for everyone. The people ~,ere wonderful and warm. There's all kinds of programs for young people up to my age, and beyond. I think it's a wonderful thing. 13efore I moved out here my three kids were trained to be good swimmers fortunately in the YMCA in Queens, in Bellrose. I felt that when they came here, and they fell off the docks, ,they were okay, they could handle it. Since I came here we've talked about a pool. There was a movement fifteen years ago to try and get a pool. Nothing has happened, and all the other facilities that the Y offers are wonderful, too. It would be used by everyone. I just wanted to present that, not as a parent of little children, as a senior citizen, who cares about everyone and the town. Thank you. SUPERVISOR WICKHAM: Thank you. Is there anyone else who would like to address the Board this evening? JACK MATALOTTA: Jack Matalotta from Cutchogue. Good evening, Mr. Wickham, members of the Board. I met Mr. Bressler outside a little bit earlier, and we were talking about this, and he was crying a little bit, because he wasn't prepared tonight, so I gave him the comments that he had read before. Now, I'm a little bit at a lose, but I'll try, I won't bang on the podium either. I have five children, ! live in Cutchogue. Surely most of us are aware that we have limited resources, as Mr. Bressler had indicated, and there's not a lot of places for the young people to go. A YMCA would offer many opportunities for them. It's not often that we can pick U.S. News, Newsweek, watch television, and not be addressing constantly the area of physical fitness. There's an alarming suggestion that people continue to grow more overweight, and exercise less and ess. If you look at a high school, Mattituck-Cutchogue, unfortunately, we're not in a position to have it open on the weekends not to frequently, I know there's some Thursday nights you can go and play basketball, but when I was young fellow, for instance, all our grammar schools were open. The kids could go from nine to four, and participate in any activities. We had a Universal gym in our high school, it's virtually inoperable, the kids would have a place to go. With two teenagers, and one twenty year old they constant harping on, there's nothing to do here. Kids complain a lot, but a YMCA would probably draw, as this nice lady mentioned before, young people, older people, senior citizens. It would be an opportunity for people of the town to mix together, perhaps know each other little bit. As far as the question of undesirables, I think if you show up a 7-11 any particular time on certain days, you might meet some undesirables. There are undesirables everyplace. That doesn't mean we're going to run high. That wouldn't be appropriate. So, considering a golden opportunity tike this to give away a little land, surely we have much land. It would be a wonderful chance for our townspeople in general. This is not a segregated group of people. It's all ages. ! think it would be a wonderful opportunity for us to share it. Thank you. SUPERVISOR WICKHAM: Thank you. Anyone else who would like to address the Board tonight on any of the resolutions before us? ~ARCH 7, 1995 435 MARIE STRAUSSER: i'm Marie - Strausser from Greenport, born and raised there. I don't know what was said before I got here, but I came just to say a few things, that I feel, and I'm a senior citizen. As we ail know there's not much for children in Greenport, and in many towns. They hang out in front 'of the 7-11. But, in my day in front of the drugstores. It's just that they seem to be a little more mischievous, and in the old days there were things to do. There was the skating rink. The movie was open all week long, and we had ice, and we had snow in the winter. We just had a beautiful winter break. What do the kids have to do? Nothing. There was no snow. There was no ice. There's nothing for them to do. I don~t know, I'm not up much on al these politics about taxes, or anything, but I for the kids. If it means more taxes I can very well pay more taxes. A lot of people can pay more taxes, than I am able to, but I think the kids should have something to do, and have somewhere to go. Several people, we've spoken about some of us mothers, and widows, well, they'll have to pay to get in. i don't know. Is that so? Okay, we paid to get into the skating rink. We paid to get into the movies. Well, how will they get there? I said, what happened to car pools. We used to take the kids to Girl Scouts, and swimming lessons, and all of that, and half of the kids have cars now, themselves, and there's something else I wanted to say. But, anyway, like I say, they have to have something. I have six grandchildren from Mattituck to..but, it's not only my grandchildren, it's all the kids that you see on the street with nothing to do. A lot of them are latch key kids. The mothers and fathers both have to work. It's usually that way anywhere, and there's nothing for them today, so they get into mischief. So, that's all I wanted to say. Oh, no, the senior citizens have a nice place, don't that? They have their parties, and their meetings, and everything, and if they can run jitneys for the senior citizens, why can't they run them for the kids? There, again, it would give them sports, give a lot of kids more energy to do something with their free time. Thank you. SUPERVISOR WlCKHAM: Would anyone else like to address the Board? DAN ROSS: Dan Ross from Mattituck speaking on the YMCA issue, t urge the Board to take such action to encourage the alliance to establish a facility here in town. I think it's clear that the North Fork needs a -facility of this type, an indoor pool, that will provide recreational activities for residents of all ages. ~ think this is part of the answer to the questions, that were raised before the Mattituck School District, School Board, recently, regarding youth activity, and ask the Board to act aggressively, and expeditiously, on this matter. Thank you. SUPERVISOR WICKHAM: Yes, sir? Mr. Arnoff? HARVEY ARNOFF: Good evening. Harvey Arnoff of Southold. I think you all have known through the years I've advocate of the youth in town. I was of the people involved in the formation of the Youth Board. I've seen the Youth Board disbanded. I've seen every Town government getting involved, espousing that they're here to help you, but they fail, and fall miserably. I think it's time we had somebody here who is wil~ing to take up the banner of youth. ;The YMCA, historically, has done that. Maybe this is the time the town should actually act instead of say that, they're going to act. I know that there are arguments made about other organizations, and are they entitled to Town land, too. Perhaps the Town could say, well, maybe we'll take up on a case by case basis, and if in fact we deem something worthy of our largess, so be it. I think it's clear from the people who are here tonight, some of whom I don't always agree with, but tonight I am agreeing with. It's time the town actually do something for our youth. Thank you. SUPERVISOR WICKHAM: Thank you. HARVEY ARNOFF: I have a question on another resolution, because I don't understand what #22 is all about. SUPERVISOR WICKHAM: Why don't we do our research while we hear some other people. Anyone else like to address the Board? MARGARET BROWN: My name is Margaret Brown, and I'm really just adding to what has already been said, although another question arose today at the Work Session about the location of the proposed Y. Someone suggested that the Town owns a parcel at Laurel Lake, that should also be considered, because it would closer to Riverhead, which is a bigger draw for population, who would use the Y, and make it more economically enviable. Well, my feeling is, that we could walk into a problem with that having done absolutely no research since 4:30, or 5:00 o'clock, and now. This is really off the top of my head, but my feeling is that the location, that is being thought of by the Board, at Tasker Park. It would central to the town, and be an attractive spot for people from the east of our town from the west of our town, and by Laurel Lake, I haven't seen it, I know it's a beautiful piece of property. It would be a far reach for people, especially young people coming from Orient, and even Greenport, and actually even Southold, and what we could end up with is a kind of a no-man's land almost, because Riverhead may come, it may now, and we might not, and therefore it would be under used. I think the location, that was requested, Tasker Park, is ideal as far as being in the center of our town of Southoid, and Southoid is the town that is eager, and begging, to have a YMCA. This is where the energy is coming from, so to give my opinion on that I think we should think more towards the center' of town, since we have property in Peconic, that is the place to focus our attention. The other question came up to me during the day, was the Town giving away property, and thankfully Mr. Bressler dispatched that so we don't have to worry about that. ! think the Town is doing one of the best possibly uses the Town could make of that p~ece of property like this, especially on the location where it is with access from both the North Road and Route 48, and Route 25, and would be in a wonderful location in terms of the youth center, that's already there. I see the proposed Y not only for athletics, but as a Board member of the art in Southold Town, I see it also as an opportunity for the arts to have a place perhaps to go. If the Y is as universal as it proposes to be, it would be an opportunity. It would not be just an athletic gathering place. It would be a community gathering place for people to go for all kinds of things, that we don't have at this point, from swimming to basketball, to a art show, to a concert, and back to swimming, so I vote full heartedly for a Y. This is your gotden opportunity. SUPERVISOR WICKHAM: Would anyone else like to address the Board tonight on any resolutions before us? Yes, sir, Mr. Noncarrow? DICK NONCARROW: I'm Dick Noncarrow, the President of Cutchogue-New Suffolk Chamber of Commerce. When I was boy I went to ~Jhe YMCA. I'll never forget the times ~ had going to day camp, etc., etc. I talked to our Chamber of Commerce, and we all agreed that it would be the best thing for Southold Town to have a YMCA. Thank you very much. SUPERVISOR WICKHAM: Anyone else like to address the Board? RAY McLEAN: I'm going to be in very deep trouble with my wife for mentioning this. Ray McLean. I'll be up front. My wife is involved very deeply with the Church of the Open Door. Has the Board, and I don't have the advantage of having one of the handouts here tonight, that the YMCA is very interested in purchasing the Church of the Open Door property, which to my understanding, would cost the town nothing in terms of donating property. Have the people here been informed yet? I understand there were some hearings, and negotiations, this afternoon involving the Board and the representatives of the YMCA. Is that correct? SUPERVISOR WICKHAM.' Yes. RAY McLEAN: And are the people aware of th~s? SUPERVISOR WICKHAM: [ think you better come up to the microphone, so we can get all of this on the record, please. RAY McLEAN: I believe I'm speaking loudly. TOWN CLERK TERRY: I can't hear you, and the tape is not picking up. itAY MCLEAN: Then ! will tell you I am not involved here. I support the YMCA, not for personal reasons, i have stated honestly that my wife is MARCH 7, 1995 437 involved with the Church of the Open Door. I understand that they have had negotiations, or speaking to the representatives of YMCA towards a purchase of that property. Okay? And my question to you is has the Board apprised the people that are in attendance tonight of that fact? SUPERVISOR WICKHAM: No. The answer J don't think we have apprised of that. Maybe we ought to discuss for a moment the question of a Church of the Open Door connection. Is that what youJd like to see? RAY McLEAN: No, I'm just suggesting that the preponderance of the opinion seems to be in favor of the YMCA, and what i'm suggesting is that there may be a way to have that present without the Town donating property. That's my only comment. SUPERVISOR WICKHAM: Thank you very much, Mr. McLean. Are there any other comments of people, who would like to address the Board on any of these resolutions? MARIE STRAUSSER: I just got to say this. Do people understand that that the Y.M.C.A. is a non-profit thing, because I sit in the Coronet a lot, and somebody said, well, if they're going to give it to the YMCA, why don't they give it to McDonald's? I said, what are you talking about? McDonald's is a business. SUPERVISOR WlCKHAM: I think people understand. I think the Board understands that it's a not-for-profit. I think we understand the issues. MARIE STRAUSSER: Some of these people, that make these remarks, and you know. I said, what does McDonald's do for the children, except feed them junk food? I just wanted to tell you that somebody said that. SUPERVISOR WICKHAM: Are there any other comments on this, or any of the other resolutions before the Board this evening? HARVEY ARNOFF: Number 22, I don't know what it means. SUPERVISOR WICKHAM: It's basically a resolution endorsing, or authorizing, the Town to enter into a relationship to hire legal counsel to assist the Town in negotiating with the Civil Service Commission, an understanding regarding the hiring of Police Officers. HARVEY ARNOFF: This says, in regard to hearings. This says, to represent the Town in hearings before the Suffolk County Civil Service. It doesn't say anything about representing them in negotiations. So, which is it? SUPERVISORY WICKHAM: I don't know exactly what the proper terminology will be down the road. It may be hearings. HARVEY ARNOFF: How can you have a resolution to do something when you don't know what it is you're going to do? That's my question. SUPERVISOR WICKHAM: We're seeking legal representation to assist us in our dealings with the Civil Service Commission. How do you like that? Whether it's negotiations, whether it's hearings, whatever way it develops. HARVEY ARNOFF: The Town Attorney can't do that? SUPERVISOR WICKHAM: i wouldn't say she couldn't do it, Harvey. There .are limits as to what can do. The Town Board decided that this would be better one to take outside the town, then to do inside. Are there any other comments, or observations, or questions about any of the resolutions before us? ERIC BRESSLER: I would just briefly to address the comment of Mr. McLean, and an answer to his question. The answer at least from this speaker was, yes. I was aware of it. SUPERVISOR WICKHAM: It's looks like we've worked our way through the questions, and comments, regarding tonight's resolutions. If there are no more I'm ready for a Board member to begin with the first one. SUPERVISOR WICKHAM: It's looks like we've worked our way through the questions, and comments, regarding tonight's resolutions. If there are no more I'm ready for a Board member to begin with the first one. 1.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, WHEREAS, Annette Jordan has determined that she just withdraw from the New York State Retirement System; and WHEREAS, the New York State Retirement System requires that any employee separate from service for at least 15 days in order to withdraw from the System; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Annette Jordan as a part-time Account Clerk in the Accounting and Finance Department, effective February 25, 1995; and be it FURTHER RESOLVED that the Town Board hereby reinstates the employment of Annette Jordan as a part-time Account Clerk in the Accounting and .Finance Department, effective March 13, 1995. I .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otiva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Oliva, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby accepts with regret, the resignation of Wallace A. McGahan, member of the Committee on Local Taxes, effective February 23, 1995, and extends to Mr. McGahan their sincere thanks and appreciation for the time and expertise he devoted to the committee. 2.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 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 Thomas Wickham to execute a Right of Entry form for the Department of the Army, New York District, Corps of Engineers to enter on Town property at Mattltuck Harbor, for the purpose of rehabilitating the western jetty at Mattituck Inlet which is scheduled during fiscal years 1995 and 1996; said agreement shall remain in effect until completion of the jetty rehabilitation, of January t, 1997, and shall be all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 7th day of March, 1995, a Local Law entitled, A Local Law in Relation to Affordable Housing Program"; now, therefore, be it RESOLVED that the Town Board hereby refers this Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning, alt in accordance with the Southold Town Code and the Suffolk County Charter; and be it FURTHER RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, March 21, 1995, Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on this proposed Local Law, which reads as follows: A Local Law in Relation to Affordable Housing Program 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 100-51. (Definitions) is hereby amended as follows: MODERATE-INCOME FAMILY - A family whose aggregate annual income, including the total of all current annual income of all family members [excluding the earnings of working family members under age twenty-one (21)] from any source whatsoever at the time of application for the purchase of lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed fifty-three t~ousarnd <~r~ ~u~tr~ecl-r~inet~f~r~ ~te~la~-~ ($53~-199.) the income specified by resolution of the Town Board. 2. Section 100-56. (Genera] regulations and requirements) is hereby amended as follows: E. Maximum sales price and monthly rent shall be set by resolution of the Town Board as amended from time to time. 3. Section 100-56.E. (1) (a) I~. State. * Overstrike indicates deletions. **Underscore indicates additions. Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. This Local Law Shall take effect upon its filing with the Secretary of Councilwoman Oliva, Councilman Lizewski, Moved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of S0uthold hereby authorizes the following 1995 Budget modification to the General Fund Whole Town to provide for the creation of a new budget line: To: A7020.4.100.200 From: A7020.4.500.420 Vote of the Town Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. Recreation Administration (gas/oil/car maintenance $ 200.00 Recreation Administration (youth Program instructors) $ 200.00 Board: Ayes: Justice Evans, Councilwoman Oliva, Hussie, Councilman Lizewski, 6.-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 1995 Budget to appropriate contingencies for 207-C hearing testimony and court reporter: To: A1010.4.500.400 Medical Consultant $ 3,237.50 From: A1990 . 4. 000 . 000 Contingencies $ 3,237.50 6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 1995 Budget to appropriate monies for purchase of a camera for the Board of Appeals: To: B8010.4.400.100 Office Supplies $ 109.00 From: B8010.4.600.200 Meetings & Seminars $ 109.00 7.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolutlon was duly ADOPTED. 8.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 1995 General Fund Whole Town Budget to cover the creation of a new budget llne: From: A1355.4. 100.100 To: A1355.4.400.600 Contractual Expenses (supplies) $ 138.00 Contractual Expenses (typewriter maintenance) $ 138.00 Vote of the Town Board: Ayes: Justice Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. Evans, Councilwoman Councilman HussJe, Oliva, Lizewski, 9.-Moved by Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a modification to the General Fund Part Town 1995 Budget to correct a discrepancy within the Planning Board's budget: To: 'B8020./~.500.300 Environmental Consultant $ 4,000.00 Form: B1990.4.000.00 Contingent $ 4,000.00 · -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. ~0.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 1995 Operating Budget to balance the Revenue and Expenditure estimates by reducing the Expenditure line item Airport from $70,000 to $65,000. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. .-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Board of Commissioners of the .Fishers Island Ferry District to accept the lowest responsible bid of Thames Shipyard 5 Repair Co., New London, CT., and enter into a contract for drydocking the MV RACE POINT, at a cost of $13,850.00, plus $50.00 each for zincs, and the following supplemental Work as may be found necessary or required by a regulatory authority after the vessel is on drydock: a. Removal ~, replacement of shafts $ 1,800.00/ea. b. Crop/renew plating .50/lb. 35.'00/hr. c. Renew strut bearings 1,800.00/ea. d. Replace propeller 600.00/ea. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.-Moved by Councilwoman Oliva, seconded by Supervisor ¥~ickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a Change Order between the Town and Avey Electric, inc. under the electrical lighting contract, for changes in the ballasts in the Assessor's Office in Town Hall, which change increases the contract price by $240.00, all in accordance with the recommendation of Daniel Karpen, engineer for the project. i2.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts and approves the following certiorari settlements, as recommended by Vincent C. Tenety of Reitly, Like, Tenety ~ Ambrosino, and the Southold Town Board of Assessors: SCTM% Owner Original Assessment 1000-45-6-4 Bostwick Bay Co. (1993/94) 1001-2.-2-%1 Ratz, Donald 14,300 {1993/94 & 1994/95) 1000-48-3-20.1 Field Frank Realty 11,300 {1993/94) 1001-4-1-13 Field Frank Realty 6,800 {i993/94) 1001-4-10-31 Preston, Frederick 28.700 (!993/94) 1000-51.1-1-1- East Wind Sheres 10 (1993/94 & i994/95) Requested Assessment 38,000 12,450 5,000 8 475 7,500 6,300 per unit 1,494 Final Assessmenn 19,308 10,700 8,500 5,300 15,900 3,i50 13.-Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. Councilwoman Oliva, Councilman Lizewski, SUPERVISOR WICKHAM: The next three resolutions all have to do with a change of zone, that's been put to the Town Board. The change of zone, that's been proposed by Joseph Lizewski for a piece of property at the corner of Depot Lane and Route 25 in Cutchogue. ~4.-Moved by Supervisor Wickham, seconded by Councilwoman Olvla, it was RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Quality Review Act in the matter of the petition of Deport Enterprises, Inc. for a change of zone from "R-O" Residential Office District to "B" General Business District on certain property located on the northeasterly corner of FlYS Route 25 and Deport Lane, Cutchogue, New York. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was duly ADOPTED. · -Moved by Councilwoman Hussie, seconded by Justice Evans, 'WHEREAS, a petition has been received from Depot Enterprises, Inc. for a change of zone on certain property located on the northeasterly corner of NYS Route 25 and Depot Lane, Cutchogue, New York, from "R-O" Residential Office District to "B" General Business District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was duly ADOPTED. .-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold engages the services of Cramer, Voorhis & Associates, at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of Depot Enterprises, Inc. for a change of zone from Residential-Office (R-O) District to General Business (B) District; said review to include applicant's Part I, prepare a Part II and iii, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie~ Supervisor Wickham. Abstain: Councilman Lizewskl. This resolution was duly ADOPTED. ~7.-Moved by Justice Evans, seconded by Councilwoman Hussie, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 7, 1995, AUTHORIZING THE ABANDONMENT OF THE FISHER'S ISLAND METAL DUMP, A REFUSE DISPOSAL LANDFILL AREA ON THE WESTERN SIDE OF FISHER'S ISLAND, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $300,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $300,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAiD APPROPRIATION AND THE LEVY AND COLLECTION OF TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS. Recitals WHEREAS, the Town of Southold, in the County of Suffolk, New York, (the "Town") has determined to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, within the Town, pursuant to agreement with the New York State Department of Environmental Conservation consenting to the abandonment of such landfill area in accordance with Title 6 of the New York State ~Code of Rules and Regulations (herein "6NYCRR"), Parts 360, 701 and 703; and WHEREAS, the Town Board of the Town, after having identified and considered the relevant areas of environmental concern and in full consideration of the criteria for determination of significance contained in 6NYCRR Part 617.11 and other relevant documentation associated with such abandonment of such landfill area (herein "Project"), issued a Negative Declaration for purposes of the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law (herein "SEQRA"), and Chapter 44 of the Code of the Town of Southold and determined that the Project will not have a "significant effect" on the environment, and has heretofore satisfied the requirements imposed by SEQRA; now, therefore THE TOWN BOARD OF THE TOWN OF $OUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, situate at Mosquito Hollow Road, on the western side of Fisher's Island, in said Townf including, but not limited to legal fees, printing, engraving and publication of legal notices,-engineering costs, including filling, drainage, MARCH 7, 1995 fences, roadways and buildings appurtenant or incidental thereto. The estimated maximum cost of said specific object or purposef including preliminary costs and costs incidental thereto and to the financing thereof, is $300,000, and said amount is hereby appropriated. The plan of financing includes the issuance of $300,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $300,000 are hereby authorized to be issued pursuant to ~he provisions of the Local Finance Law~ constituting Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 6-b. of the Law, is not to exceed twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of said $300,000 serial bonds may exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any 443 notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes~ are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such b~lgations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantialiy complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or referendum. lT.-Vote of the (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to permissive Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wlckham. This resolution was duly ADOPTED. Councilwoman Oliva, Councilman Lizewski, ~8.-Moved by Justice Evans, seconded by Councilwoman Oliva, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk of said Town of Southold shall, within ten (10) days after the adoption of this resolution cause to be published, in full, in the "SUFFOLK TIMES", a newspaper published in Mattituck, New York, having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on March 7, 1995, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted March 7, 1995, authorizing the abandonment of the Fisher's Island metal dump, a refuse disposal landfill area on the western side of Fisher's Island, in said Town, stating the estimated maximum cost thereof is $300,000, appropriating said amount therefor and authorizing the issuance of $300,000 serial bonds of said TowJ to finance said appropriation, and the levy and collection of taxes for the payment of the principal of and interest on said bonds," an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that the Town of Southold ("Town") has determined to abandon the Fisher's Island Metal Dump pursuant to agreement with the New York State Department of Environmental Conservation and the Town Board has issued a Negative Declaration for purposes of SEQRA and Chapter 44 of the Town Code and determined that such abandonment will not have a "significant effect" on the environment and has heretofore satisfied the requirements imposed by SEQRA; SECOND: AUTHORIZING said Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump situate at Mosquito Hollow Road, on the western side of Fisher s island, in said Town, including, but not limited to legal fees printing, engraving and publication of legal notices, engineering costs, including filling, drainagef fences, roadways and buildings appurtenant or incidental thereto7 STATING the estimated maximum cost thereof is $300,0007 APPROPRIATING $300~000 to pay said cost; STATING the plan of financing includes the issuance of $300,000 serial bonds of the Town, and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; THIRD: AUTHORIZING the issuance of $300,000 serial bonds of the Town pursuant to the Local Finance Law of the State ~z New York (the "Law") to finance said appropriation; FOURTH: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is not to exceed twenty (20) years; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturit~ of said $300,000 serial bonds may exceed five (5) years; FIFTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDGING to their payment the faith and credit of the Town; SIXTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 7, 1995 JUDITH T. TERRY Town Clerk Section 2. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in fuji, in the newspaper referred to in Section 1 hereof, and hereby designated the official newspaper for said publication, together with Notice of substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 3. This resolution shall take effect immediately. Vote of the Town Board: Ayes: Justice Evans, · Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilman Lizewski, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes' and directs the Town Clerk to advertise for bids for the remediation of the Fisher Island Metal Dump Site by removal of all deposited solid waste.' Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman LizewSkl, Supervisor Wickham. This resolution was duly ADOPTED. 20.-Moved by Moved by Councilwoman Hussie, seconded by Councilwoman Olive, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administration Serv[ces, Inc. to pay the medical claim of Andrew Huzsek which was submitted more than 90 days after the date of service by the medical provider. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Olive, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2].-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for applications for membership on the Board of Ethics. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewsk~, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'd just like to comment. The Board of Ethics was recently enacted by the Board to take effect some months in the future, and we are now seeking interested people, who would like to serve on that Board of Ethics. It will be one of the most important Boards in this town, and it's important that quality people are prepared to apply for it, and ultimately be screened. We advertised once. We got some people. We would like to increase the pool to choose from. 22.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, 'WHEREAS, the Town of South01d is absorbing excessive overtime costs due to the Town's manpower shortage in the police force and constraints in hiring from the preferred list; now, therefore, be it RESOLVED that the Town Board of the Town of Southold wishes to engage the services of additional police officers as a matter of priority and requests Civil Service to expedite the necessary clearances; and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby engages the services of Bee & Eisman to represent the Town in hearings before the Suffolk County Civil Service, and appropriate $5,000 for these legal costs. 22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, . Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Dzenkowskl to attend the 1995 New York State DARE Officers Association Conference at Owego, N.Y., on April 27, 28, 29, 30, 1995, and the necessary expenses for $130.00 registration fee, lodging, meals, and travel shall be a legal charge to the 1995 Budget. 23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: The twenty-fourth resolution tonight is to do with the YMCA. 24.-Moved by Supervisor Wickham, seconded by Councilman Townsend, WHEREAS, the Town Board of the Town of Southold recognizes the need for a recreational facility that would provide year round swimming particular, and WHEREAS, the cost of construction and maintenance of such a facility is too great for the Town to undertake at this time, and WHEREAS, the YMCA of Long Island is a non-profit organization with extensive experience 'n providing both recreational opportunities and moral leadership, and WHEREAS, the YMCA has the ability to establish a full facl ity recreational branch which would include an Olympic size swimming pool, and WHEREAS, the Town of Southold owns a property known as Tasker Park in Peconic, and WHEREAS, sufficient space over and above the current committed use of Tasker Park is available to establish a YMCA branch at that Park which would both complement and augment the current activities at the Park' now, therefore be it ' RESOLVED, that the Town Board of the Town of Southold authorizes the Supervisor to make a presentation to the YMCA of Long Island in which the use of a portion of Tasker Park be utilized for the construction of a YMCA pursuant to law, and be it further RESOLVED, that the Town Board of the Town of Southold hereby supports such a project and requests the YMCA's assistance in planning the future steps to implement the project. COUNCILWOMAN HUSSIE: Mr. Chairman, Mr. Supervisor, I would like to move that we table this resolution. SUPERVISOR WICKHAM: We have a request to table the resolution. COUNCILWOMAN HUSSiE: I am not opposed to the concept, but I would like to table it. i have two reasons. The Y has stated very clearly, that it can not build a facility unless the Town gives land to the YMCA, and addition the Town is also ready to provide financial assistance. That's an additional $1,000,000, that the entire community must raise to make this dream a reality. No actual figures has been mentioned, and the only method to finance this project has been suggested, and that's to abolish the Recreation Department. All of those programs will be lost. What will become of the PeconJc Town Center, that the Town built at the cost of more than a million dollars. We don't knoW the annual costs to the Town. We haven't looked at the ramification of abolishing the Recreation Department. Tasker Park is public property bought with public funds. Regardless of how noble the cause, to give any part of it away without allowing the public to have it's say, is not a noble act. What would happen if the Parks Commission decided to give away part of their parks property without first consulting the residents of the district? We don't know what the total cost are for the Town, and what the specific plans are to pay for it. We haven't presented the plans to the public, and allowed the public to comment on them. The YMCA has been very open, and forthright, about their need for financial assistance. The Town needs to as forthright to the citizens about the costs, so that we can make the right decision. That's two reason. SUPERVISOR WlCKHAM: The motion has made, and seconded to table this resolution. Is there any discussion on the Board on that motion? COUNCILMAN TOWNSEND: I hadn't heard any mention of eliminating the Town Recreation Program in the discussions, and it was my understanding that financial information was to come from the study, that they're about to perform. SUPERVISOR WICKHAM: May I ask, that the discussion of the Board be focused on the motion to table Resolution #24. Is there any discussion on that motion to table? (No response.) Is there anyone, who wishes to comment. If not, are we ready to go to a vote. Motion to table Resolution #24 Moved by Councilwoman Hussie, seconded by Councilwoman Lizewski, it was RESOLVED that Resolution #2~ be TABLED. Vote of the Town Board: Ayes: Councilwoman Hussie. No: Justice Evans, Councilwoman Olive, Councilman Townsend, Supervisor Wickham. Abstain: Councilman Lizewski. This resolution was LOST. .SUPERVISOR WICKHAM: Now, let's have a little discussion on the motion that's before us, this number 2u,. There were a few comments made, that 1 regard as unfortunate. There has been no suggestion of abolishing the Town's Recreation Program. On the contrary, the idea of a YMCA is to strengthen the Town's program. ~ anticipate it would be strengthened, and it might throw a linkage through an association. Exactly how that's going to play out, I'm not prepared to say tonight, and I don't think any of us are. The one point that Alice made, that I think is accurate, we really don't know yet ail the details of how this is going to play out. The last part of that resolution calls for, resolved that the Town Board of the Town of Southold hereby supports a project and requests the YMCA's assistance in planning the future steps to implement, in other words, we really don't know yet every step that's going to be played out. We're asking their help and engagement, as we go through these various steps. But, ] think there's a commitment on the part of virtually all of us on the Board, that it strengthen, rather than abolish a key program, that the Town has established. Are there any other comments, that anyone on the Board would like to make on this resolution, that's before us tonight? Alice? COUNCILWOMAN HUSSiE: In response to your comment, you suggested that we could use the funds presently used for the Rec Department to help part of the financing of this. So, while it hasn't been written down, it has been spoken of. Also, i have a little bit of a problem with your comments to me, remarks to me, to me, and also behind my back. I really don't want anymore of them, ~'m not running for Supervisor, you can call off the dogs. /~ARCH 7, I995 449 SUPERVISOR WICKHAM: Behind your back? What have 1 said behind your back? I don't understand that. COUNCILWOMAN HUSSIE: This is not the time. SUPERVISOR WICKHAM: This is not the time. Exactly. other comments from Board members on this resolution? Are there any COUNCILMAN TOWNSEND: There are a lot of programs, that we spend money on, but usually they go to the Recreation Department. We pay the people to provide these programs. What I had anticipated was the facility, that would benefit from some of that pass-through money. Certainly, I don't think we would be eliminating the Town's relationship, and even our ability to oversee programs. I think, hopefully, they will become a asset in that process. SUPERVISOR WICKHAM: Are we ready to vote? JUSTICE EVANS: I think the other to be mentioned is, depending on how this resolution comes out, that if the Town does make the offer of the land to the YMCA, it's not a done deal until the community gives the money to build the building. So, the Town could do so much, but the community is expected to do the rest. I haven't been party to any discussions on the Board of putting any further money in, so, if people out there want it, they're going to have to, as the expression goes, put their money where their mouth is. COUNCILWOMAN OLIVA: I would hope that people would put their money wlaere their mouth is, because I think it's so important to have a Olympic size pool here for our young people, for our middle-age people, and for our older people. The kids can start all kinds of swim teams. It's one of the most wonderful things. You can rent the pool out. You can use these facilities. To me, it's just an unbelievable opportunity, that we shouldn't pass up, and I hope we will all support it. 24.-V0te of the Town Board: Ayes: Justice Evans, COuncilman Townsend, Supervisor Wickham. No: Abstain: Councilman Lizewskl. This resolution was duly ADOPTED. Councilwoman Oliva, Councilwoman Hussle. SUPERVISOR WICKHAM: That completes the resolutions for tonight. The tradition of the Board is to entertain comments from the audience on any subject, not just those resolutions before, on any subject. Again, please, keep you comments within a five minute limit. Yes? MARGARET BROWN: My name is Margaret Brown. I would just like to say, congratulations to the Board. You've taken a decisive step to a wonderful opportunity by voting for the Y. Thank you. MIKE ACEBO: My name is Mike Acebo from East Marion. I speak as a parent. Thank you very for the action you took tonight in support of the YMCA. I, also, speak as President of the Business Improvement District from Greenport. There's a lot of concern in Greenport about what the youth can do. Some programs are needed. This a major step towards solving some of those problems. If there's anyone willing and ready to take my first years' sign-up fee for the YMCA for my family, I've got it in my pocket, so, just catch me when I go out. SUPERVISOR WICKHAM: Anyone else like to address the Board tonight? (No response.) If not, are there any Board members who wish to make any comments? COUNCILMAN LIZEWSKI: Yes. For the record, I'm not against the Olympic size swimming pool, or the YMCA in Southold. it certainly will be an asset. Of course, there are a lot of wonderful could use. How it is done, and who pays for everything is another side of the coin. It's a concern of mine. If we want the YMCA, it's going to take a million and a half raised money. 1 want to see the money raised. I'm worried about the financial end of maintaining this YMCA, and raising the money for it. I don't want the taxpayer to pick up anymore than it's agreed upon. That is, that the Town donates the value of the land, and the taxes on it for life. Of course, since we have a limited population, we have a limited amount of charitable money. This money is going to be the same money, that some of you contribute to the Central Suffolk Hospital, Eastern Long Island Hospital, etc. I would also like to see everything in writing, things like the size of the pool, cost of memberships, and some of the suggestions I have raised, that the school districts would rent the pool for swim teams, would have to be an official Olympic size for competition. This also raises school taxes. I don't know if the taxpayer wants his school taxes raised to support school using the pool for swimming teams, but it's okay as long as they know it. Could the Town Board float a bond to help construct the YMCA? Well, we gave them the land, and no taxes for life, I'm sure we could find a way to help. Do we abolish the Recreation Department, and g've the money to the YMCA recreation department? It's possible. If the YMCA finds that it needs, more people to support the pool, because it needs more money for it's overhead, could people from Riverhead, Flanders, and Wading River use the YMCA? Yes. Even if Southold pays the taxes for the YMCA, the Y is an individual entity. Will the YMCA really provide the social services, that have been lacking in our Recreation Department, programs that address teen pregnancy, anorexia, bulimia, alcoholism in teens, and many other emotional, and physiological disorders of our youth today? Perhaps this is the beginning of creating a new tax base. Perhaps we could offer business freely with no taxes for five years. Jobs we lost when Grumman closed, and Hazeltine left, could be returned. That's an economic stimulation. Just imagine the lift this area would get by having a couple of hundred decent paying jobs added to our economy. Again, for the record, I am for the YMCA. I do not believe the tax base should be the benefactor of the YMCA. Is the job of local government to provide taxpayers for YMCA, so the building may be constructed with donations, so that it can be run by an outside entity, which will not have to pay taxes on the and, or the building? Is it my obligation as an elected official to give the public a YMCA? That is only my concerns. SUPERVISOR WiCKHAM: Anyone else on the Board wish to make a comment? COUNCILWOMAN HUSSIE: Tom, Mr. McLean and Mr. Bressler brought up an interesting point, and that was possibility of using the offer by the Church of the Open Door for the site for the Y. Some time ago the Board appointed a committee. A Site Selection Committee I guess you could say, for locating the Y, and you, Mr. Bressler, seem to know what the outcome of that work of that committee is, the Board didn't receive anything about that, so I didn't know. ERIC BRESSLER: I didn't claim to know what the outcome of any Site Selection Committee was. What I did claim to know was, that the method and the basis upon which the Church of the Open Door wanted to do business with the YMCA was not acceptable in, that what we're talking about here is a donation of the land to keep the cost down. Whereas, admittedly the Church of the Open Door was seeking a substantial compensation for the land. I think it plain that the YMCA's plan was to get the land at no cost, and to raise the rest of the funds through the community. To add on top of that the acquisition cost of the land, and certain other considerations, would make the project economically non-viable. What has been presented here is a very simple proposition, give us the land, we'll raise the money. That is why I think that your concerns are premature, and I think that when the Supervisor, and the other members of the Board correctly pointed out, that it remains to have the money raised before this comes to fruition, that is so, and that addresses your concern. Would the project attempted to have gone forward with the Church of the Open Door, it would not be economically viable. It would not have happened, so I don't claim to know anything about site selection other than the fact~ that the price was the issue. The price still is the issue, and the fund raising still is an issue, and if truly that is your concern, then ~ would respectfully suggest that you wait, and see whether it comes to fruition, and if it does not, than you'll be able to say, yes, you were unable to raise the funds, and we didn't give you the land. But, if ~t does come to fruition, because the funds are raised, then you must say, it is okay, you raised the funds, we will do our part. By the same token Councilman Lizewski's comments were not totally off the mark in that he is concerned about the cost, and, again, the other members of the Board have properly recognized that what you're not voting for here tonight is a done deal on terms that have not be negotiated. Again, you put the cart before the horse, if you don't take the first step you never get done, and that's why ! think the motion to table was inappropriate. We are glad that it was voted down. We are glad that the Board is moving forward step by step, and that every concern, that you and Councilman Lizewski raised will be addressed along the road, and if at any time the Board feels it is not moving forward in a manner, in which they were lead to understand it was going to be, then we'll all be back here to hear the whys and wherefores, and what the concerns are. COUNCILWOMAN HUSSIE: My comment was about your information. You were obviously privy to certain information concerning the Church of the Open Door, and the possibility of using their land, that I am not privy to. ERiC BRESSLER: That it was at a cost. That's my knowledge. COUNCILWOMAN HUSSIE: I didn't know that. ERIC BRESSLER: It was duly admitted by the speaker. SUPERVISOR WICKHAM: Are there any other comments from anyone else in the house tonight? (No response.) if not, I'm ready for a motion for adjournment. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8:u~5 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Southold Town Clerk