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HomeMy WebLinkAboutTB-09/19/1995SOUTHOLD ~TOWN BOARD SEPTEMBER 19, 1995 Present: Supervisor Thomas 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 P. Dowd. 9:15 A~M. - The Town Board conddcted a hearing in the matter of the unsafe building of Thelma York Aanestad, located at 2605 Orchard Street, Orient, N.Y. 9:30 A.M. ~ ~Robert Costanzo, Executive Director of Umbrel Ltd., met With.the Tdwn.E~O'ardto make a~pres~ntation on the services Umbrella to senior citizens and disabled adults to enable them to remain comfortably and independently in their own homes for as long as practical and/or desirable. Mr. Costanzo asked the Board to consider Umbrella when preparing their 1996 grants for not-for-profit organizations. detracts from his i~roperty. The trailer, which belongs to Mr. Annabel's sister,~ was approved by the Towr~ Board on August 8th. At that time Mr. Annabel met with the Board and explained that there has been a trailer of some sort _on the property since 1955, when it was put there for use as a summer home. The Board agreed the trailet~ is non-conforming and i~sued the permit, in an effort to resolve the problem betw~en Mr, Galgan and Mr; Annabel, the Board asked Mr. Forrester to set up a meeting betWeen the pa~'tiest and try to come up with a new location for the trailer on the property; as well as suitable screening to satisfy Mr. Galgan. 10:40 A.M~ -Reverend Cornelius Fulfordi, Pastor of the First Baptist Church Cutchogue;~ accompanied, by Attoro~y Pau.1 Caminiti, met with the Town Board appeal to them to donate to the church the Town-owned land on County Route Cutch0gue~ directly in front~ Of a 'l~arcel' c~1~ propert~y the church is in the process of purchasing. ReVerend Fulford ~said that inasmuch as the Town is donating land to the .yMC~A~ ~ the~ 'should be willing to donate this parcetl to the church~i SuperviSor Wickham'said ~'l~hat the Town cannot give ~an outright donation of ToWn? property,~!they'~0uid~either have to' purchase it or negotiate an easement. Board ~vas;.ipolled~'and SuPervisor Wickham, Council.people Townsend and Oliva~ and~i Justice~EV~ns~Pr~far'ah outright purchase or easen~nt. Councilpe0ple LiZewski an'di' Hussie W~ld p~eferl t~'see a donation of the property to the church. 'Towr~ Attorne~ D0wd.and Attorney Canliniti will meet and attempt to reach a solution and '~ bring it back to the Board. 11:10 A.Mi - Town 'Board reviewed a proposed letter to possible recipients for the SOuthold Town 1996 Grants Program, and the grant application to accompany the .~.~. 'letter. i it/ was agreed t'he application must be submitted by January 31, 1996, a press release will be prepared by the Supervisor's office, to be reviewed by the Board 'pri0~' to publication;, 'to .bring attention to the grants program.----The Boa reviewed Current' fees fo~ permits fpr .shellfish, beaches, and landfill, ant ag to red~ice'the permit,fee for. two categories of commercial vehicles and gar vehicles. The ~own Att~)rney will:prepare a Local Law for the next meeting. 3 6 6 SEPTEMBE. ,9, 199 11:45 A.M, Devel 0F Wc Scopaz; a need have a on all agre~ co - The Town Board held a lengthy discussion on the Transfer of and the dissenting opinions of two members of the TDR this discussion was Senior Planner Valerib 'e is a need for additional planning background work; restrictions must be placed on partial parcel TDR's; must. ]njf cant size. A set of principals must be addressed~ ~ed on the majority and minority reports. The Board.~:~: ~"Sue a succ~es~ful ~rogram. senior planner Sc0paz will prepare a list of the issues/concerns which appear in the majority and minority reports, and put them in a format for discussion at the next work session on October 3rd. 1:00 P.M. - Recess for lunch. 2;25 P.M. Justice Evan,s advised the Board that the NYS Dept. of Motor Vehicles s unw lling to assume the entire cost .to travel to Fishers Island to process the rene.wal of ~river's licenses for Fisher~ Is'land residents. They have asked tl~e Town to assume one-half of the airfare cost from McArthur (see resolution 22).----Justice Evans explained to. the Board the request of A. John Gada General Contracting, Inc. to empty 2200 gallons of septage from their truck into the Fishers Island Sewer District system, and have offered to pay $.33 a gallon to the district for the privilege. The Board members .were open ~o the proposal, but agreed with Justice Evans that' there should be an engineer's report, at Gada's expense, to .be certain the dispoSal lwill not harm"the system.---~-Councilwoman Huss!e submitt .d ~inut, from ,t~;0 ~ecent ,'~eetin~s 6f the Solid WaSte Management Tas~ Force. )n~ of'ti major,discusSions Was (~0UhcilW0man Hussie'~ proposal to ower yellow bag fees. C the question " the bag fees, 'si~x out of seven members V0t~d to lea~ things a: ~11 members in attendance concurred that )er contract is less than the income fro, t perv ~at thru be taken up y as part of the 19'96 Budget .preparation,~p,rocess.----Supervisor Wickham presented the board wi[h a mem0ra~idui~ in which he advises the Town Board that he has asked the ToWn/AttOrney to keView -thre Scavenge~ Waste Treatment Plant contract with the Vi lage of-G~eenl~ort ~ith a view to ren'egotiating it, terminating it altogether, seeki~g.proposal~ for 'private o~eration Of the plant. Supervisor Wickh~m and Councilpeople Townsend _and Oliva will meet with three Greenport Village Board members to discuss the' Operation of,the plant.----Town Board reviewed the proposal of Cameron, Engineering, P.C.' to provide engineering design services relating to the underground storage tanks at th~ Scavenger Waste Treatment Plant, and agreed to move f~rward (resOlution 23); .... ApprOved a resolution (2U,) to waive the landfill fee for the disposal of. garbage from the Third. Annual Hands Around the Bays Beach Cean-up .... ApprOved the appointment (resolution 25) of I. Bernard Jacobson as a member of -the Southod .Town Transportaton Commlttee.-~--Agr reappointment. (resolution. 26) of Jonathar~ Wiggins to the Board o Review.--~-Discuss~d the p~opos~d'-~ontract between the Suffolk CoUnt,/ of Public Works and.tHe Town for the i~stallation of a traffic light at the rsecti0n of County Route 48 and H0rton: Lane,' Sbuth01d. Supervisor Wickham, Oliva;. Cc~dnciJman Townsen'd. would 'like, to Ibok further'into this proP6 Town Attorney Dowd to .ex the' County exempting the Town from ,pay the maintenance, c light. This matter will be discussed again at t istice Evans presented the Board with a proposed 'hatcher. The resolution reiterates the Board's protesl umping of 1.1 million cubic yards of dredged material f~ River into..the Waters of Long Island Sound in an area only one and Off .of Fishers Island's northwest shore. ~he resolution further sta ~w:n is authorized :to join litigation initiated to prevent such disposal as a 'f,. at no cost to the Town. .4:00 P.M,.- Senior Accountant John Cushman, Personnel Assistant Barbara Rudder, and Solid Waste Coordinator James Bunchuck met with the Board to discuss personnel matters at the:Disposal ~.Area, sched, uling~ and hiring additional Gate (resolution 6).---~IS0 discussed at ;~his time was the newly mandated drug and alcohol testing for employees ho ding a Commercial Drivers License. Town is i~e~luired to ~omply With this legislation effective January t, 1996.: to-implement the program ;the Town mu~t (1) enter into an agreement for ~ firm to administer :the program; (2) develop policies that address testi~ (3) appropriate' fUnds in.ti~e' 1'996 Budget for the program -apprc for the first year. Mr. Cushman will' obtain a proposal Association . of Drug Free:Employees, which has a lab at Eastern Long SEPTEMBER 19, 1995 367 4:15 P.M. Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. EXECUTIVE SESSION 4:30 P.M. - On motion of Supervisor Wickham, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry.----The Town Board discussed personnel and litigation matters. With regard to litigation, a resolution (29) was placed on the agenda to engage the services of James E. Baker to defend the Town in the matter of Chartes v. Town of Southold and Southold PBA in U.S. District Court. ~:50 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meetincj of the Southold Town Board was held on September 19, 1995, at the Southold Town Hall, Southold, New York. Supervisor Wickham opened the meeting at 7:30 P;M. with the Pledge of Allegiance of Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WiCKHAM: Anyone lik~ to move the audit of the bills? Moved by Councilwoman Oliva, seconded' by Supervisor Wickh,am, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $213,708.47; general Fund Part Town bills in the amount of $31,027.77; Highway Fund Whole Town bills in the amount of $7,911.30; Highway Fund Part Town bills in the amount of $87,639.05; Ag Land Development Rights bills in the amount of $15.63; Lighting/ Heating Capital :A/C bill in the amount of $20t.53; Generator Capital bills in the .amount of .$9,000.00; Employee Health Benefit Plan bills in the amount of $46,137.21; Fishers Island Ferry District bills 'n the amount of $119,022.97; Refuse and Garbage District bills in the amount of $35,607.46; Southold Wastewater District bills in the amount of $16,819.67; Fishers Island Sewer District bills in the amount of $5,707.98; Southold Agency & Trust bills in the amount of $3,315.74, Fishers Island Ferry District Agency & Trust bills in the amount of $1,427.39. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewsk~, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the September 5, 1995, Town meetincj be and hereby are approved. Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. Board Councilwoman Oliva, Councilman Lizewskl, Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the next recjular meetincj of the Southold Town Board will be held at 4:30 P.M., October 3, 1995, at the Southold Town Hall, Southold, New York. Vote of the Town B0ard: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. I. REPORTS. 1. Southold Town investigator's Monthly Report of September, 1995. 2. Southold Town Scavenger Waste Treatment Facility Monthly Report for August, 1995. 3. Southold Town Clerk's Monthly Report for August, 1995. 4. Southold Town Justice Tedeschi's Monthly Court Report for August, 1995. 5. Southold Town Recreation Department Monthly Report for August, 1995. . 6. Southold Town Trustees Monthly Report for August, 1995. 7. Southold Town Community Development 's Monthly Report for August, 1995. 8. Soutl~old Town Justice Ewins' Monthly Court Report for August, 1995. 9. Southold Town Justice Price's Monthly Court Report for August, 1995. 10. Lawrence Healthcare Town of Southold Health Report for August, 1995. 1t. Lawrence Healthcare PBA Health.Report for August, 1995. 12. Southold Town Planning Board Monthly Report for August, 1995. II. PUBLIC NOTICES; 1. New York State Department of Transportation, Notice of Order to establish a 30 MPH speed limit on Stars Road in East Marion, New York. 2. New York State Department of Transportation, Notice of Order to amend an action on existing area speed limit to exclude Stars Road, East Marion, New York. 3. New York State Department of Environmental Conservation, Notice o7 Determination of Non-Significance, Negative Declaration on Samann property to remove debris from face of bluff and construct restraining wall and two returns at tow of bluff at 4875 Nassau Point Road, Cutchogue, New York. Iii. COMMUNICATIONS. None. iV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR WICKHAM: At tonight's meeting, we have no public hearings scheduled. We do have a series of resolutions on the agenda, and we had during the morning, and afternoon an extensive Work Session, where we plowed through quite .at bit of material, came to a consensus on a lot of issues, and discussed a lot of the, points, that the Board is dealing with. Some of those items from our Work Session have been converted into resolutions, that are on 'our agenda tonight. They'll be taken up as part of our regular agenda items. Some of. the other ones were discussed, but there was no real resolution of, and I don't want to spend a lot of time on it, but I will mention one of them, which is potentially a very important significant issue, and that is one on the proposed Transfers of Development Rights. You probably know, that there has been a working group on TDR's, as we call them, or Transfers of Development Rights, a working group, that has come up with a majority report. There are some members of the committee, who took issue with some of the conclusions of that working group, and someone filed a minority report. This morning we discussed these two reports at some~ length to try to figure out how best to address the issue of TDR~s in Southold ,Town. Very briefly, TDR's are a way of trying to focus, or promote the growth and development, that's going to happen in Southold Town, in certain parts of the Town, in order to leave open the open space and farmland in other parts of the town. in other words, to avoid the suburban sprawl syndrome, that is so characteristic of development on western part of the County. The thing that emerged out of this discussion this morning was, I think, an unanimous expression of ' interest on the part of the Town Board in continuing to explore a program that would serve the purposes of this town, a program that would work, that wouldn't result in unacceptable density in those hamlet centers, that would be the so called receiving areas, and it would protect the interest of virtually everybody in the town. What also emerged in the discussion is that it wasn't clear exactly how we're going to get there. There's still a lot of areas to explore, there's still a lot of contentious issues, a lot of facets of this program, that are not yet clear to the Board, and I think what emerged from that discussion was we have quite a bit more homework to do, before we're ready to outline a potential program for Southold Town. I can assure there will lots more meetings, and discussions, and hearings, and opportunities for the public to participate in that process. There's lets else, that we discussed today. We didn't have too many members of the press with us during the 'day, but there was lot of interesting debate on many subjects, and much of that will come out in com'ng Weeks as we develop some of those issues, too. I think you have before you tonight a copy of the agenda; In the agenda on the back page is the order of business of those discussion items during the day, and prior to that our iist of some 29 resolutions that are on our agenda for tonight, if any members of the audience v~ould like to address the Board on any one, or more of these agenda items for resolutions, any one of these twenty-nine items, this is the time to do it. We'd be pleased to hear from the audience on any one of these twenty-nine items on the agenda. Just, please, keep your comments to within five minutes, so that other people can speak. FRANK CARLIN: Frank Carlin, Laurel. Good evening. Just a few here. Number nine, resignation of Bunchuck, is there anything we should know about his resigning on the Task Force? SUPERVISOR WlCKHAM; Jim wrote in his letter, that he is very busy in his work at the Landfill. He finds it difficult to participate in all of these meetings, but he wil still continue to be a resource to the committee, and providing the information needed even without being a full member of the committee. FRANK CARLIN: He'll still be in charge of the Landfill? SUPERVISOR WICKHAM: Oh yes, this is not a resignation from the Town. It's a resignation from a committee of the Town. FRANK CARLIN: That sounds pretty good to me tonight. Number 10, what are going to start on? Flea markets, what do you have in mind? Are you going to start to clamp down on them, like yard sales? SUPERVISOR WlCKHAM: That's a resolution to schedule a public hearing _to see what the public has to say about a system of treating a flea market similar to many other business in the town. FRANK CARLIN: What did you mean by performance bond, number What is a performance bond for roads and improvements in the major subdivision of The Woods. What is a performance bond? SUPERVISOR WICKHAM: I'll try to describe, and some of the members of the Board can help me out here if I get, in trouble on this. Performance bond ~s when a subdivision goes in the developer .has a responsibility to provide the roads. In order to guarantee' that the developer doesn't abscond, and go south, leaving this development without the roads, we ask for up front bond worth, in a amount of mQney approximately equal to the value of those roads. Once the roads and improvements are put in, that bond is returned. FRANK CARLiN: The main thing, this bond is from the developer, not the town. SUPERVISOR WICKHAM: treasury to spend. It's like 'kept in an escrow account. FRANK CARLIN: Okay, number sixteen, forklift truck, forklift truck, a forklift, it's not a truck. That's right, and it's really put in the Town's SUPERVISOR WICKHAM: That's correct. A forklift. I never seen FRANK CARLIN: We have them. What you need, another one? One broke down, or you have a old one, or what? SUPERVISOR WICKHAM} We have one ver~, etd that is not suitable for the job, that we're asking it to do. FRANK CARLIN: I got one more here. There's one here, that has been bothering me fo~ many years. The last one, twenty-nine, James Baker, he's a lawyer? SUPERVISOR WlCKHAM: Yes. FRANK CARLIN: Why do we have to hire outside lawyers, when we have a Town Attorney to-do this work in Court? You pay these people $125.00 an hour. Why do have Lo go outside and hire all these attorneys? Every time you get a lawsuit, we hire outside attorneys at $125.00 an hour. SUPERVISOR WICKHAM: There are a number of ways that I can answer that question. One reason why we decided to do this 's this is one of those very unusual. . First of all, James Baker is the Town's negotiator in our Labor Relations, and this is one of those very rare events, when there is a legal action involving the Town in which our attorneys in our Jabot management side, and the attorneys for the labor unions, it turns out on the same side. We're both together, opposing Mr. Charters. So, we thought it might be advantageous to have these two gentlemen work together on this, and it might actually assist in their rapport in relationship as we go the negotiations. James Baker has been closely involved in this matter. He knows the contract inside and outside. He is very well positioned to do this, and we got a daily rate to do this job about 65% of what he could get elsewhere, and what most of these rates are. Joe? COUNCILMAN TOWNSEND: I'd like to add, your first part said, why do we always have to go to outside counsel? I'd like to point out our legal budget is substantially reduced starting two years ago, because we replaced two attorneys with one attorney, and, in fact, we do, do a lot of our litigation, probably as much or more than we did before. So, we've headed in the right direction. 1 mean, I agree with you that we should do more litigation in-house, and we have been doing a Jot more litigation. It's only when you have something that requires expertise, that our general Counsel may not feel that she has that we 'go to outside counsel. Mr. Baker is very familiar with the issues in this particular case, and so he was a good candidate to work with us there. FRANK CARLiN: But, there's so many of them. What about that Linda Fletcher one? You hired outside attorneys for that. What's your reason for that one? COUNCILMAN TOWNSEND: I think youJre wrong on that. FRANK CARLIN: The Town Attorney is representing us on that one? COUNCILWOMAN OLIVA: Yes. FRANK CARLIN: Fine. That's good on that one, but then you said back, I remember back, even when we had two attorneys there, for the Charlie Zahra case there, we hired Yakaboskl from Riverhead, $125.00 an hour. ~t costs $160,000 to fight that case. So, I don't understand, a lot of these cases here. We have a Town Attorney. I think a lot of these cases should be handled by a Town Attorney, rather than hire outside lawyers for $125.00. SUPERVISOR WICKHAM: i agree with, and she is. Would anyone else ike to address the Board on any of the resolutions before us tonight? (No response.) If not, I think we're prepared to start. ~.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healti~care Administrative Services, inc. to pay the medical bills of Noel Peck and Jeffrey Standish, which claims were submitted to Lawrence Healthcare by the medical providers more than 90 days after the date of service. .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, 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 modifies the General Fund Whole Town 1995 Budget to (A) provide for insurance consultant retained through 12/31/95. and to (Bi provide for audit of Police Department time records: To: At910.~.500,300 A1320.~.500.300 From: A9901,9,000.00 interfund Transfers Transfers to Health Plan 2.-Vote .of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wlckham. This resolution was duly ADOPTED. Insurance, Contractual Expenses $ 10,500.00 Insurance Consultant (A) Independent Auditing & Accounting 1,500.00 Contractual Expenses, AcCountants $ 12,000.00 Councilwoman Oliva, Councilman Lizewski, 3.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission: to the Southold P.T.A. to use Oaklawn Avenue for their annual Halloween Parade on-Tuesday, October 31, 1995, between 4:00 P.M. and 4:30 P.M., provided they file with the Town Clerk One Million Dollar Certificate of Liability naming the Town of Southold as an additional insured. 3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. q.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby creates a new part-time Data Entry Operator position for Police Headquarters, at a salary of $7.87 per hour. 4.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 5.-'Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Beard of the Town of Southold hereby changes the title of Patrlcia Garsik, part-time Clerk Typist at Police Headquarters, to part-time Data Entry Operator, and her salary from $6.82 per hour to $7.87 per hour, effective September 20, 1995. 5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wlckham. This resolution was duly ADOPTED. Moved by Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for applicants for the position of Gate Attendant at the Disposal Area, at a salary of $6.76 per hour. Vote of the Town Board: Ayes': Justice Evans, Councilwoman Oliva, CouncUman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.'- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of SouthoJd hereby modifies the General Fund Whole Town 1995 Budget as follows: To: A.6772.~.100.100 Program for Aging $ 200.00 A.6772.~.100.200 A.6772.~.200,400 A.6772.~.400,600 A.6772.4.~00.650 Office Supplies & Stationery Program for Aging, Gas & Oil Program for Aging, Water Program for Aging Equipment Maintenance & Repairs Program for Aging Vehicle Maintenance g Repair 2,000.00 1,000.00 600.00 1,000.00 From: A.6772.u,.200. 100 A.6772.~.600.300 Program for Aging Travel Reimbursement 7.- Vote of the Town Beard: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duy ADOPTED. Program for Aging, Telephone $ 3,800.00 1,000.00 Councilwoman OliVa, Councilman Lizewski, 8.LMoved by Councilman Townsend, seconded by Councilwoman Gl;va, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between Comprehensive Geriatric Services, Inc., d/b/a Comprehensive Home Care Services, and the Town of Southold, whereby Comprehensive Home Care Services wilt provide Home Health Aides who have completed a Home Health Aide Course to receive clinical field experience at the Southold To,wn Human Services Adult Day Care Center; said services at no cost to the Town of Southold;-.agreement all in accordance with the approval of the Town Attorney. 8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor; Wickham. This resolution was duly ADOPTED. 9.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Solid Waste Coordinator James Bunchuck from membership on the Southold Solid Waste Management Task Force, effective immediately, and extends their thanks and appreciation to Mr. Bunchuck for the time and expertise he devoted to the Task Force. 9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Gl;va, Councilman Townsend, CouncilWoman Hussie, Councilman Lizewski, Supervisor Wickham. This resoiution was duly ADOPTED. 10.-Moved by Supervisor Wickham, seconded by Councilwoman Ollva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 5th day of September, 1995, a Local Law entitled, "A Local Law in Relation to Flea Markets"; and 'WHEREAS, this Local Law was referr, ed to the Southold Town Plann~l~g Board and the Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, October 3, 1995, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Flea Markets BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13B is hereby amended by adding the following definition: FLEA MARKET - An out-of-doors market operated only durin9 daylight hours where new or used items are sold from individual locations, with each location being operated independently from the other locations, items sold include but are not limited to household items, antiques, rare items, decorations, used books Il. and used magazines. This shall not include sales by a nonprofit organization on an occasional basis. 2. Section 91B(10) is hereby amended by adding the following: (10) Flea Markets 3. Section 100-101B(17) is hereby amended by adding the following: (17) Flea Markets This Local Law shall take effect upon filing with the Secretary of State. Underline represents additions. SUPERVISOR WICKHAM: In effect this brings flea markets, as defined there, under the provision of the Zoning Code for hamlet business, and business, so that it comes under the zoning requirements as an allowable use under Specia Exception with a Site Plan, for those two zones. Tl~at's the purpose of this hearing. 10.-Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED.. Councilwoman Oliva, Councilman Lizewski, l l.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 5th day of September, 1995, a Local Law entitled, Local law in Relation to Members of the Architectural Review Committee"; 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 5:05 P.M., Tuesday, October 3, 1995, Southold Town Hal, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which'reads as follows: A Local Law in Relation to Members of the Architectural Review Committee 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 SouthoId is hereby amended as follows: 1. Section 100-258A is hereby amended by adding the following: A. The Architectural Review Committee shall consist of five members appointed by the Town Board to serve at the pleasure of the Board without compensation. If possible, the members of the Committee shall be appointed from the following categories: two members shall be architects or landscape architects, one member shall be from the Landmark Preservation Commission, and two ten members shall be appointed from residents of each of the hamlets of the town. The hamlet members shall vary and shall sit ou]y on the site plans which are. proposed in their hamlet. The hamlet members shall be from the followin9 areas: two from Fishers island, two from Orient/East Marion/Greenport, two from Southold/Peconic, two from New SuffotklCutcho~ue, two from Mattituck/Laurel. 1. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. COUNCILWOMAN OLIVA: We had to amend the original Architectural Review Committee, because we could not find two members from each of the hamlets, so we kind of combined some of the hamlets, which was Orient, East Marion, and Greenport wilt have two members, two members from the Southold, Peconic area, two from New Suffolk, and Cutchogue, and two from Mattituck, Laurel. 11.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman LizewsM, Supervisor Wickham. This resolution was duly ADOPTED. 12.-Moved by Councilman Lizewski, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the fo]lowing budget n~odification to the Genera Fund Whole Town 1995 Budget to appropriated donated funds for the installation of a plaque and litter receptacles at Silversmiths Corner: To: Revenues: A2705.~0 Appropriations: A7110.~,I00.100 12.- Vote of the Town Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. Other Donations $ q81.98 Park & Beach Facilities $ u, 81,98 Miscellaneous Supplies Board: Ayes: Justice Evans, Councilwoman Oliva, Hussie, Councilman Lizewski, 13.-Moved by Councilwoman Hussie, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an amendment to the agreement between the State of New York, Office of Mental Retardation and Developmental Disabilities and the Town of Southold for the Town's 100% Day Training Contract with the Long Island Developmental Disabilities Services Office, ali in accordance with the approval of the Town Attorney. 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman L[zewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $120~,000 performance bond for roads and improvements in the major subdivision of The Woods at Cutchogue, all in accordance with the recommendation of the South01d Town Planning Board and Engineering Inspector James Richter. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 15.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt Inc., Cutchogue, N.Y., in the amount of $39,000 for furnishing all labor, materials and equipment, in accordance with the bid specifications, for the reconstruction and restoration of all roads and drainage facilities in the Lands End Subdivision, Orient, N.Y.; and be it further FURTHER RESOLVED that the Town Board hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement betwe'en the Town of Southold and Corazzini Asphalt Inc. to accomplish the aforesaid project, ali in accordance with the approval of the Town Attorney. COUNCILMAN TOWNSEND: project. They were the Iow bidder of four on that Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED. Councilwoman Oliva, Councilman Lizewski, i6.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby 'authorizes and directs the Town Clerk ~o advertise for bids for the purchase of one (1) pneumatic tire forklift for the Solid Waste Management District, all in accordance with the bid specifications. 16.- Vote of the Town Board: Ayes: Justice Evans, CounciJwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councllman Lizewski, Supervisor Wlckham. This resolution was duly ADOPTED. 17.-Moved by Supervisor Wickham,-seconded by Councilwoman Oliva, it was RESOLVED that the Town Boated of the Town of Southotd herei~y authorizes the follow~ng modifications to the 1995 Solid Waste Management District Budget: To: SR.8160.2.u, 00 From: SR. 8160.L~.~00.650 SR. 8160.~.q00.8~,0 SR.8160.2.500.900 Industrial Equipment $ 21,500.00 Payloader #2 Engine Repair Mixed Paper Removal Capital Reserve $ 17,500.00 2,000.00 2,000.00 Reason: To fund purchase of a new forklift for the landfill. Payloader #2 Engine repair costs were paid last December out of 199~ funds. Mixed paper removal funds are no longer needed as Town is now trucking its own mixed paper. Refuse and Garbage Personal Services - Part Time To: SR.8160.1.200.100 $ ~,935.00 From: S R.1490.1.200.100 Administrative Personal Services - Part Time SR, 8160.u,.600.400 Postage SR.'8150,2.500. 900 Capital Reserve 17.-Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED,. $ 1,000.00 1,435.00 2,500.00 Councilwoman Oliva, Councilman Lizewski, SEPTENI~ER 19, 1995 3 7 5 18.-Moved by .ustice Evans, seconded by Councilwoman Oiiva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Councilwoman Ruth D. Ollva, Senior planner ValerO6 Scopaz, and Transportation Committee Chairperson Neboysha Brasich to attend American Planning Association 1995 Northeast Region Conference, "What Works for New England - The Dynamics of Change in Our Region", on October 16 and 17, I995, at Foxwoods Resort Hotel, Ledyard, Connecticut, and the actual expenses for meals, registration, and transportation shall be a legal charge to the 1995 Budget. ~8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ofiva, Councilman Townsend, Councilwoman Hussie, Councilman Uzewski, Supervisor Wickham. This resolution was duly ADOPTED. 19.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the Central Data Processlng 1995 Budget: To: A[1680.1.100.200 From: A1680.1. 200. 100 Vote of the Town Full-time personnel, overtime $ 117.93 Part-time personnel, regular $ 717.93 Board: Ayes: Justice Evans, Councilwoman Otiva, Councilman Townsend, Councilwoman Hussie, CounciITnan Lizewski, Supervisor Wickham. This resolution was duly ADOPTED: :20.-Moved by Councilwoman Oilva, seconded by Justice Evans, ~t was WHEREAS, Brown Tide conditions have existed in the PeconJc Bay system during the summer of 1995; and WHEREAS, there has been no Bay Scallop reproduction during the normal spring-summer spawning season due to the Brown Tide; and WHEREAS, it has been shown that when Bay Scallop reproductive failure occurs due to Brown Tide that spawning can occur during the months of September' and October 'after the Brown Tide abates; and WHEREAS, the present poor conditions of the scallop meats is expected to greatly improve by allowlng the scallops time to recover from the effects-of the Brown Tide by delaying the scallop season for four weeks; and 'WHEREAS, the five East End Town ..Baymen's Association have met with the Department of Environmental Conservation and have proposed and unanimously support a delay of the opening of the Bay Scallop Season to October 30,1995; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby supports and endorses the proposed delay of the start of the 1995 Bay Scallop Season to October 30, 1995. 20.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, L;ouncilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED'. 21.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold heeby authorizes Executive Assistant James McMahon to submit a grant application to the New York Department of State, Envrionmental Protection Fund, Local Waterfront Revitalization Program Grant, to develop plans for natural resources restoration and protection projects at pre-selected locations throughou.t Southoid Town. 21.- Vote of the Town Board: Ayes: Justice Evans, Counciiwoman Oilva, Councilman Townsend, ~;ounciIwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 3 7 6 SEPTEMBER 19, 1995 22.-Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that ti~e Town Boar. d of the Town of Southotd hereby authorizes the payment of one-half the cost of airfare for individuals from the New York State Department of Motor Vehicles to travel to Fishers Island to process the renewal of driver's licenses for Fishers island residents; said cost not to exceed $229.00. 22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Councilman Townsend, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Cameron Engineering, P.C., at a lump sum fee of $6,800.00, for engineering design, services relating to underground storage tanks at the Southold Town Scavenger Waste. Treatment Plant. 23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman L~zewski, Supervisor Wickham. Thls resolution was duly ADOPTED. 2~;.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, the Town has benefited from the clean-up of its beaches through the efforts of the Third Annual Hands Around the Bays Beach Clean-Up which took place Friday, ' Saturday 15 through Sur~day, September 17, 1995; now, therefore, be it RESOLVED that the Town Board hereby grants the request of Save The Bays, Inc. to waive the Landfill Fee for the disposal of garbage from the Third Annual Hands Around the Bays Beach Clean-Up. 2q.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewsk], Supervisor Wickham. This resolution was duly ADOPTED. 25.-Moved b~/ Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints I. Bernard Jacobson a member of the Southold Town Transportation Committee, effective immediate y through April 5, 1996; he to serve in said 'position without compensation. 25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly AgOPTED- 26.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Jonathan Wiggins as a member of the Southold Town Board of Assessment Review, effective September 30, 1995 through September 30, 2000. 2~.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 27.-Moved by Justice Evans, seconded by Councilwoman Oliva, WHEREAS, it has come to the attention of the Town Board of the Town of Southold, through resolutions of the Fishers Island Conservancy and the Fishers Island Civic Association, that the United State Navy is planning to dump 1.1 million cubic yards of dredged material from Connecticut's polluted Thames River, into the waters of Long Island Sound in the area only one and one half miles off of Fishers Island's northwest shore, and where over one-quarter of said disposal area is actually in the water of New York State (known as the New London Disposal Area or "NLDS"); WHEREAS, the United States Navy has issued its Final Environmental Impact Statement for this project that recommends disposal of the contaminated sediment into NLDS; and WHEREAS, it appears that without legal intervention, such disposal will proceed beginning in early October, 1995 and continue through February of 1996; and WHEREAS, the Town Board of the Town of Southold recognizes that dumping of this polluted sludge from the Thames River constitutes a serious potential hazard to the marina life of the area and threatens the irreplaceable marine resource area known as "The Race", not to mention other sensitive areas belonging to Southold Town and the State of New York; now, therefore, be it RESOLVED that the Town Board of the Town of Southoid protests the current planned dumping of 111 million cubic yards of dredged material as detailed above, and req..uests that the U.S. Navy make every effort to find and use alternatives to open water disposal of contaminated sediments into Long Island Sound, and if an alternative is not selected by September 27, 1995, then the Town of Southold is authorized to join litigatlon initiated to prevent such disposal as a named plaintiff; such participation, however, will be at no cost or expense to the Town; and be it FURTHER RESOLVED ~that the Town Clerk of the Town of Southold is hereby authorized and directed to forward a certified copy of this resolution to the following individuals so they may use their best efforts to prevent the Navy's implementation of this dumping plan: United States Senator Alfonse D'Amato, United State Senator Daniel Patrick Moynihan, Commissionei- of the New York State Department of Environmental Conservation Michael Zagata, New York State Assemblywoman Patricia Acampora, New York State senator Kenneth P. LaValIe, United States Congressman Michael Forbes, Fishers Island Conservancy President John H. Thatcher, Jr., Fishers Island Civic Association President Leslie Goss, Robert Ostermuetler, Department of Navy, Northern Division, Elizabeth Co.qg ram, Assistant Director, Office of Environmental Review, U .s. Environmental Protection Agency, Re. gion I. 27.-Vote of the Town Board: Ayes. Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, CounciJman Lizewski, Supervisor Wickham. This resolution' was. duly ADOPTED. 28.-Moved by Councilwoman Hussle, seconded by Justice Evans, WHEREAS, Helen Rosenblum performed the duties of Special Counsel to the Town E~oard during the vacation leave of Southold Town Attorney Laur¥ L. Dowd; now, therefore, be it RESOLVED that the TOwn Board of the Town of Southold hereby appoints Helen Rosenbium as Specia Counsel to the Town Board, acting on behatf "of Town Attorney Laury L. Dowd, fo~ the period of September 5 through September 15, 1995; serving in that capacity without compensation. 28.-Vote of tihe Town Board: Ayes: Justice Evans, Councilworflan Oliva, Councilman Townsend, Councilwoman Hussie, Counci man Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WiCKHAM: I might 'just add, this. is an example of regional cooperat]on. Helen Rosenblum is the Town Attorney for Shelter Island, and when our Town Attorney took a vacation she came over, and kind of helped out 'n our office at no cost. What we don't know is when she goes off on a vacation, whether our Town Attorney will get pulled over to Shelter island. JUSTICE EVANS: She said she never goes on vacation. 29.-Moved by Supervisor Wi~:kham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of James E. Baker to defend the Town in the matter of Charters v. Town of Southold Southold PBA, U. S. District Court; Mr. Baker's fee not to exceed 29..-Vote of the Town Board: Ayes: Justice Evans, Councilwoman OHva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This' resolution was duly ADOPTED. SEPTEMi3ER 19, 1995 378 SUPERVISOR WICKHAM: That completes our regular program of resolutions for this evening. I always kind of regret, when I say, gee, we finished early, we have lots of time to listen to what the people want to say to us, because it usually comes for a long time. But, we do have ample time today. There are no public hearings. We are open to comments, and observations, from the public on any matter of concern to you. My only request is, please, keep your comments to at most five minutes, so that everybody will have a chance to' address the Board on matters important to yourselves. Would anyone like to address the Board? REVEREND CORNELIUS FULFORD: I'm Reverend Cor netuis Fulford, pastor of the First Baptist Church of Cutchogue, and we met today, and i'm so glad that you were able to meet with me and Paul Caminiti. We come tonight, and I'm so glad that I have some of my members here to talk to you again about a certain piece of property that is on Route 48. What I don't understand..I do understand, but i have heard that you're going to donate some land to the YMCA, and I feel in my heart, we do have a church there, and if you're going to donate land to the YMCA, then why not donate the piece, a strip that's on Route 48 in front of the property we supposed to be buying? The property that we're asking that you donate to us is a small piece of property, and it's not useable to anyone. Today I know that somebody stated it was useable to us, but if we didn't purchase the land, it wouldn't be useable to us either. Then means that you can not build on it, because it's too small, and you can not develop it, because, it's too small. So, I'm asking that you donate it to us in order for us to have a right-of-way onto the church that we plan on building, and also, providing for the Town of Southold. Someone stated that why don't we donate the land to the YMCA. That makes it legal, because we intend to get something back from YMCA for the Town- I can understand that. We, at the church, give something back, also, from us to the Town. We hope to build a day care center for the adults on nursing. The District Attorney had called me several times, and asked me, could I counsel certain members in the community, who have problems looking for jobs? I don't have the adequate space for it. I do my best to counsel them, but if we had the new church addition, then we could have a space to counsel them, also, the disturbed, the disabled, and also the alcoholic, and the drug addiction. We want to do all these things for the town, because we know they are part of the town'. That's the reason why we come to you, again, and ask for the donation of "~his land. In order to make it legal you said, well, just can't donate land without getting something back. This is the reason, we're going to give back to you. If you going to donate land to the YMCA, or donate any land, which that land is feasible for to build on. This piece of land is not. So, I come tonight with my members, and we ask you once again, that you donate this to us, or if you don~t donate it us, and you want to make it legal, then why not sell the land to us, but sell it not to the point that you're looking for some value back, because it wouldn't do any good. But, you could sell it to us for a reasonable price, that I want to make it legal, so I can sell it to the First Baptist Church of Cutchogue, and that way you can contribute to what we're trying to do, as far as your community. So, these are the things that we come tonight to let you know, that we are asking once again for the information, and hoping that it will be on your resolution to the point that when we come back, then you can say that we have decided to donate it to you, and that way we can go and build our new church addition. SUPERVISOR WICKHAM: Thank you, Mr. Fulford. Let me just outline to the audience, and to you, Reverend. We did have a very good discussion about that this morning. Just for the information of the public, the church has been before the Board on several occasions, has expressed interest on buying a small strip of property, wooded property, on the south side of Route u, 8, just west of Cox's Lane. Really it's across from Mr. Taylor's house on Route 48. The purpose is, so the church can build a new location on the south side of Route u, 8, because that church is really growing. Like few churches in the Town of Southold, a very vigorous, vital church with a lot of new members, the way we would all like to see our own churches grow. But, they're not always growing like that. When the church first came to the Town expressing interest in that property, I think the Board was unanimously interested in trying to do it. Town law generally does require that land be not given, but sold at market value, So, we asked for an appraisal to be made, and the appraisal came back, and we've been discussing with the church, and it's attorney, how much that is. Today in 379 SEPTEMBER 19, 1995 our discussion we did have several other possibilities, that would make it much more economically for the church to acquire that property. One of the possibilities would be to acquire an easement to the property, an easement that would permit people to use it, and to use it for transportation, and build a road over it, and make use of it at a very small fraction of what the appraised value of that property is, and I think we, as a ~3oard, would be open to that. Maybe it's an easement with option to buy at some future stage. You've suggested that the property may not actually be worth as much as the appraisal. You may very well be right. I'd be open to having another appraisal done, and seeing if any other appraisal came in at a different figure. The comparison with the YMCA is an issue that's complicated, and I'm not qualified to speak to all of the legal technicalities of it, but it's my understanding that a grant of land at no cost can only be done in the event that there is a compensating benefit, that in some sense accrues to the great bulk of the people in the town. That's essentially the argument that I would make for a grant of property fo.r the YMCA. Not only that, but the programs, and the fundraisin9, and the whole thing, that they would put in place. It's awkward for the Town to make that argument for a Church. It's awkward for several reasons, but one of the reasons is, there are a lot of churches in this town. They're not all as vigorous as ti~e First Baptist of Cutchogue, but there are a lot of them, and if we start, with one it's going to be difficult to know where that's going to take us with the rest. As another member of the Board suggested this morning~ there may be other ways that the Town can assist in financing the programs of a church. For example, through some of the programs themselves, or activities, rather through the property. So, there may be other ways, and we can explore that at a future time. Perhaps there are other members of the Board, who would like to respond at this time? if not, we could hear other people, and come back to it. COUNCILMAN TOWNSEND.:' An easier analogy is drawn from looking at the land that we lease to the North Fork Animal Welfare League. ~t's a separate organization. They have their own membership, and so forth, but their exclusive purpose is to pick up dogs, and animals in town. The whole benefit goes to the town. They perform a service, that the Town would otherwise have to perform on it's own. The same can be said of the YMCA. They're total purpose is to provide recreational, and activ[ties to th-e youth, and adults, of this community. They have no separate function, no geparate agenda. They don't have religious services. They don't have any other activities dedicated to anything but their one function, which is recreation and training. That's something the Town would have to pay substantia~ amount of money for, and that's why we offered them the property in a resolution, it's a service that's exclusively, you know, focus on one thing which ]sa benefit to the town. As you pointed out, all the activities you do are certainly..many of the activities are certainly a benefit to the town, as are many of the other non-profit organizations, that have programs like that, and we have in fact subsidized some programs, day care, or drug program, or counseling programs. That's Something the Town has supported in our entities, and maybe, that would more than compensate. COUNCILWOMAN HUSSIE': Joe, I beg to correct you on one thing. We do not lease the land to the North Fork Animal Welfare League. We have a contract with them. They operate the shelter on our land, in our building. There's no lease involved. COUNCILMAN TOWNSEND: It's their building. COUNCILWOMAN HUSStE: It's our building. COUNCILMAN TOWNSEND: We haven't done it yet. it's proposed. JUSTICE EVANS: ~ just wanted to say, that I hope what you're hearing up here, that ,we ail feel that your church is a great asset to the community, and we're trying to find a way to support your use of this land within the legal limits, that we have work wlth~ COUNCILWOMAN HUSSIE: Could I ask a question, Tom? Or Joe, I don't remember who said, we were getting something in return for the land for the Y? Specifically, what are we getting? COUNCILMAN TOWNSEND: Recreationa facilities, a pool, you know, access to a facility that we could not develop on our own. SUPERVISOR WICKHAM: Would anyone else from the church like to address the Board? MINISTER HUBBARD: (tape change) Some programs, some teaching, and some counseling, and this is very important to us, because 'we belong to Southold Town, and we like to do all we possibly can to try to keep our kids off the streets, and out of trouble. SUPERVISOR WICKHAM: Thank you. The way we left it this morning, in our discussion, was that your attorney would sit down, and talk with ours, and we think there is the possibility of having the use of that property at a very substantial reduction from the full appraised value. Yes? ALETHIA FORD: My name is Alethia Ford, a member of the First Baptist Church of Cutchogue. I just want you all to understand that one of the main reasons you say it would be hard ~for you to give us the property, or to donate the property to us, is because you'ke giving it to the YMCA, because they're giving you something in return. Understand that our church is here, not only to provide for it's members, but it's here to provide for the church. The YMCA would be providing to you a place, or to the community, a place where people could have recreation, people could enjoy themselves, people could exercise, or whatever. I understand that not only do these people need recreation, but they need counselling. They need a place where they feel that they belong. Our church is not only here for a select few in the community. It's open to everyone, to all who wants to come to join us. We're here to help everyone the same way that the YMCA is. We may not be ab[e to provide the exercise equipment, the pool, or whatever, but the things that the YMCA may be lacking are the things that the First Baptist Church will be abie to provide for them. SUPERVISOR WlCKHAM: Would anyone else like to address the Board on this subject? WILLIE CLINTON: Willie Clinton, Chairman of the First Baptist Church of Cutchogue, and ~ keep hearing about this water business. Does that take 'effect on some parts of that land over there, that cause enough to run into a problem? SUPERVISOR WiCKHAM: The water business, do you mean the water quality around the landfill7 WILLIE CLINTON: Around the landfill. SUPERVISOR WICKHAM: There is a potential problem north of the landfill, because the water gradient is underneath it, and going towards the north towards the Sound. I don't think there is any possibility of a water problem from the landfill in the area south of Route ~8. That doesn't mean there may not be some other problems there. There may be some left over agricultural chemicals from farming potatoes. There may be some nematode insecticides that were used some years ago, but it is virtually impossible for there to be landfill related contamination south of Route ~8. WILLIE CLINTON: So, what you're saying is, it's more ilke north than it would be south. SUPERVISOR WICKHAM: If any it would be to the north. WiLLiE CLINTON: Thank you. SUPERVISOR WICKHAM: Would anyone else from the church like to address us? (No response.) Are there other people in the audience who would like to address the Board on other matters tonight? Excuse me, could I ask to ,have Joe Lizewsk[ speak first, because he wants make a comment on the church. COUNCILMAN LIZEWSKI: On the topic of the YMCA, and analogy to your church, Reverend Fulfsrd, I have to tel you that it's my belief that the YMCA is not run by Father O'Hara, and Mother Theresa. It's a business that the head director gets over $260,000 a year to run. It would rank in the middle of Fortune 500, if it was not listed as a not-for-profit organization, and it is certainly a profit motivated venture. I mean, anybody that can be given free and, ask the Town's people to donate to build a building, and then charge them to use the building, certainly can't come out a loser. So, what youmre offering us, to me, from the bottom of your hearts is not going to demolish two ball fields either. We're going to lose two Little League fields. We only have two parks in this town. One is in Laurel, and one of them is here in Southold has any substance to it. ~ would tell you that I really think what you're asking for is something that i wish we could do, and it certainly is worthy of tremendous consideration, and as an analogy with the YMCA, I'm certain that there Ts nobody in your church that get paid $260,000 a year to run it. Thank you. COUNCILWOMAN OLIVA: I'd just like to assure Reverend Fulford. I think everybody on this Board will work full tilt to try to help you in any way they can to make sure that you get your wish and desire to have a church with all the facilities, that you so desperately need. Thank you. SUPERVISOR WICKHAM: Would anyone else on the Board like to address this question? If not, the gentleman here in the white shirt?. GERARD GAUGHRAN: Gerard Gaughran, Southold resident. I'd just like to know, I heard the YMCA about eight or ten times here, what is the contractual agreement so far with those people? SUPERVISOR WICKHAM: We have no contractual agreement with them. What we have is a understanding that if the Town were to donate property two, to three acres for the Y, the YMCA would do, essentially, two things, it would fund raise locally to build a facility, a faci ity costing some one and a half to t.7 million dollars, and it would finance the annual operating cost of the facility, neither of them to any cost to the Town. That's the understanding that we have with the Y. Now, once all of this is set in motion, then we would be talking about the detailed contractual arrangement-s. 'GERALD GAUCHRAN: Is there any. letter of intent, or actual th~ngs where they put it on the line, and tell us just what they're going to do? SUPERVISOR WiCKHAM: They've appeared before us several times, it's in the minutes. The Town Board has adopted resolutions pursuant to those agreements. I think the strict answer to your question is, we have not yet sat down with them, and crossed ail of the T's, and dotted ali the i's, as to the exact arrangement. Anyone else llke to address the Board tonight?. HENRY WASSMER: My name is Henry Wassmer. I'm a resident of Southold. I'd llke to talk on the matter of TDR. I attended the Work Session this morning, which, also, went right into the afternoon, and gleaned a lot of information out of that. You're right when you say there's a lot of homework to be done on the TDR Program. There are s few aspects of the program, that I am a bit uncomfortable with. The main one . am uncomfortable with, I think you remember me standing here once before at a couple of meetings back about the environment, and the water situation, the aquifer. I iust want to touch on that lightly for a few minutes tonight. in the process of the TDR, where you're going to keep open space along the central spine in the North Fork, and transfer the development rights to the hamiet centers. Well, I find a problem with that, because the hamlet centers are mostly located toward the outer fringes of the water table, or the aquifers. They're in areas where it's more fragile. The aquifer is actually more fragile in the hamlet centers, or close to the hamlet centers, than it is in the central spine area. You have a much deeper water table located up there, and I'm not saying, Tom and the Board members, that i'm against development, i'm not against development. We need it. Like we mentioned before, we need development, but we need it in a reasonable sensible manner, and it's got to be controlled. I don't believe TDR, in it's present concept, the way it's being bantered about right now, is going to work for Southold Town. I have no really basis to conclude that on, but other than what I hear; and what I read. I can say that l've done a little studying on the hydrology of Long island in general, and the aquifer that we're involved with here on the North Fork, is a very fragile aquifer. It's only a shallow aquifer. The aquifer is lens shaped, meaning that's it's thicker in the middle, and it's quite thin at the edges, and frankly, with the summer we've just been through, with the terrible heat, and the tack of rain, the aquifer has dropped down about four feet already. I mean, i'm surprised it's gone down just that much, but anyway, it ha.s dropped down, and there are hundreds of people, that live along the creeks, and in the bay areas, who depend for their supply on private wells. These wells are not deep wells. They can't be deep wells, because if they go too deep they're going to get salt water. At the present situation, if we have many more dry summers, and more conditions, that we experienced this summer, they're going to be pumping salt water. Some of them have already experienced salinity counts in the wells, that have gone up, and it's getting to be more of a problem. The thing is, I believe that in the TDR concept, where you're putting more density, or the possibility of putting more density in the hamlet centers, is the wrong thing to do, because of the f~ict, that with more density located in these hamlet centers, there will be more water drawn from the very fragile aquifer, and the possibility arises, that there's going to be lot of people, a lot of people, that's going to be in trouble with their water supply. SUPERVISOR WICKHAM: When you're finished I'd llke to just respond, but go ahead and finish. HENRY WASSMER: Well, I don~t have too much more to say on that subject. I just believe that when the Board sits down, and puts their heads together to study this thing, I think that, that should really be brought to mind. I think a lot of consideration should be given to the environment, and the impact, that is going to be involved in this. SUPERVISOR WlCKHAM: Let me just address this very briefly, and maybe other members of the Board would like to have their views on the table, too. I begin with the premise, that development is going to happen in Southotd Town. By and large, it's good, but whether it's good or bad, it's inevitable. There's going to be new building, new development, new people coming here. Somehow they are going to have to be accommodated. The question really is, where are those units going to be placed? I think there's a strong argument for trying to keep open the open space, and in particular the farmed open space of this town. I think that's the strength of the town, and the long term future of it, not just for agriculture, but because it provides a very attractive community for all the people, who live here. You can't just continue the Kind of suburban sprawl development, that has characterized Long Island, and at the same time, protect farming. Some people say, well, we should just go to larger zoning acreage. Instead of two acre zoning, maybe, you should have five acre zoning. But, that really isn't an answer, because if in a given year, suppose there are, say, a hundred new homes with two acres, we've lost two hundred acres. With five acre zoning, we lost five hundred acres. Most of it is farmland. So, for peopie like myself, and I think there are many of us out here, who view the retention of the farming, the farmland of the town, as a very important long term resource to the town. We need to be willing to look at some way to do that. The transfer of development rights would result in somewhat greater building development in and around the villages. You're right, that it could put more pressure on the water resource underneath those villages, or hamlets, but I think the time,is coming, and maybe it's already here, when we should be providing public water to many of those hamlet centers. Mattituck Village, right now, probably deserves public water, and we've been talking to the Suffolk County Water Authority. They have a plan for doing it, and it's our expectation that shortly there will be public water in downtown Mattituck. There may' be a need for it in Cutcho§ue. Southold, and Greenport, of course, already have it. Wouldn't it be more efficient, and in the long term cheaper for taxpayers to provide public water in those limited areas, rather than have 'to provide public water broadly throughout the town with the way in which suburban normally brings it? So, that's the loc~ic, the rational for it; But I think I agree with you, if what you're saying is, hey, we've got to be careful with this. We don't want to just dump all kinds of density and houses into our rather charming hamlets. HENRY WASSMER: This is just what I'm saying. SUPERVISOR WlCKHAM:. And that's a perfectly legitimate and important concern. It's very important the Town understands that. This is not protecting farmland, and just dumping everything in the hamlet centers, f don't think any of us would stand for that. It's up to us, now, to see whether we can craft a program, that can combine the best of both worlds. That is to say, .protecting farmland in the town, because it's essentially to the future of the town without doing violence to the character, and charm, of our existing hamlets, and that's what this Board has to sit down, and focus it's thinking, and not just indulge in sort of rhetoric, and broad comments, and generalities, but the specific measures that will protect interests. That's not easy, and that's why we do not have a TDR Program to unveil to you tonight, or next week. It's because it is complicated to do both those things. It's going to take a fair amount of work, and quite a bit of engagement of the Board members, and do you know what? We may walk away from it, and say, we just don't think it can be done. Maybe we'll have to accept what ! call the suburban sprawl syndrome. Maybe, we'll have to give up on it. But, most of us on the Board are not willing to give up yet. W~'re stili going to meet. We're going to discuss this. We have a report. We have a counter report, a minority report. These two reports do frame the debate quite well, quite completely. Either one by itself would be incomplete. Now, what we have to do is get all of our Board peopie together, and other people like yourself, who have concerns, to address the issue, and see if we can put in place a plan that will really look after the future of this town. I guess I talked too long. HARRY WASSMER: The only thing I just wanted to say is, I think that some more thought, when you're going through your planning and stuff, and you*re setting this up for the TDR, I think a lot of thought should be given to the environmental issue. I don't think there's enough. SUPERVISOR WICKHAM: You're correct, and we will. That's a very helpful comment. Anyone e'lse on this TDR issue, while we're on this issue7 Shall we let our television personality have the screen? PAUL SPARA: Paul Spara from Mattituck. You know I've been doing these meetings for about five years, from the USUK Study. I've been at the meetings, where we've had the maps up. It almost sounds like this is-a new thing. This has been going on for a long time. Okay? For what, four -years7 Vlaybe close to five. I remember being there with the maps of the Towns; Somebody coming up with their 'little circle, showing density circles, these tittle things. Okay? At that time the previous administration labeled me an instigator, because when I said my property up near the bluffs, why am I going to sell my development rights to put someone in a denser area. The people who want to buy my property don't want to live there. They want to live over there. Okay? So, we now bring back the issue, i don~t think it's going to work'. I don't have any suggestions for you, but what i think you should do is stop the sprawl. That means when a development is going to occur take the studies that I have tapes of, of how they developed areas. I've been to these meetings for four years now, to show you how to develop an area, so, it's not over extended. So, there's buffer zones. So, there's this. So, there all that. I mean if I have to I will bring those tapes back for you, so you can see them. Okay? i personally don't believe it's going to work. If you come up with an idea some way that is, well and good, but I think you should really start to look now to the fact that, okay, there's going to be development. Let's control the development, so it doesWt become what we out here call, up island. Okay? SUPERVISOR W1CKHAM: Mr. Spara has a very good point, that this is only one tool to control developme.,nt. The Town does control other tools. Ti~ere are other methods, and I think the point is [mportant that the TDR notion, if we ever do embark upon that program is not by itself going to turn the situation around, it is one tool, that the Town can use to help shape the future of what the town will look like. Joe? COUNCILMAN TOWNSEND: The meeting is message, I guess, now. Just to assure the media¢ the proposal that we have been considering have ail been voluntary, so we're not talking about robbing you of your right to do it, if it doesn't make sense to you to do it. In some people's minds that makes them think that it may not work effectively, but we are presently only considering voluntary programs, so you want to put your mind at rest. We're not trying to rob you of your ability to use your land as you see fit. SEPTEMBER 19, 1995 384 If you are a farmer, and you own a hundred acres, and you want to continue farming, but you don't want to give up what you see as the ultimate equity of your land, you might under one of the proposed proposai self the rights to half of your land, fifty acres, which is a substantial amount to preserve. That would give you some flexibility, and some equity to tide you over to develop your business. That's all I have to say. SUPERVISOR WICKHAM: Would any other Board members like to comment on the TDR? (No response.) Are there any comments from the audience on this Transfer of Development Rights? CHARLES MOEBUS: I'm Charles Moebus. I'd like to address the list of peop!e in the Suffolk Life article, the TDR letter prepared. When you set a committee tike this I think there should be more equitable representation of the residents adjacent to the proposed receiving areas. This seems to be a rather one sided towards farmers, and realtors. I think the residents in the receiving areas ~hould be represented. COUNCILMAN TOWNSEND: Charles, what that list was, and I assume you're looking at a list that was attached. I haven't seen that, but I'm assuming..there was a llst that was attached to a letter, that was sent out for a community meeting. We wanted to get people who had some sort of expertise in land use, or interest in development and so forth. It was everyone's intent to have a fair number of homeowners, qnd homeowners' organizations represented. As it happens those were not listed on that group, because they just came from one person. That came from someone in the Planning Department, that emphasized that side of it. I've got a llst of homeowners. I've gotten names of people in the audience here, who we would want to have at that first meeting. Now, that first meeting for input, it was in the developmentally stage. It wasn't supposed to be a hearing for the public in general. Just to get expert opinion. You can't keep anythlng secret in a town, but it was noL intended to be issued. It was just intended to be a working document. It wasn't sent out. It was a working document. It wasn't suoposed to be anything that was final, and I said that at the time. CHARLES MOEBUS: i'd just like to emphasis, when you do set these .things up have representat]on from rece]v|ng areas, or it's not goh~g to creditable. COUNCILMAN TOWNSEND: That's exactly right. The intent has been always to have that, to get homeowners, and people who have strong feelings against it, so we can understand where they're coming from. SUPERVISOR WICKHAM: Would anyone else like to address the Board on :the Transfer of Development Right issue? FRANK CARLIN: You didn't let me down, Tom, always be the last one. SUPERVISOR WICKHAM: I thought you were the first one this evening. FRANK CARLIN: My name is Frank Carlin. Good evening, ladies and gentlemen, before I start my main subject I want to mention a few things here. Someone mentioned to me the other day, hey, Frank, I haven't s~een you at a Town Board meeting latety. Well, my answer to him, i'm too busy eating hamburgers at the McDonald's. While i'm on the subject I wan~ to mention two more things to set the record straight. I do not get free hamburgers from McDonald's. I pay for my meals, and second, since McDonald's opened up August 11th, in my opinion, it's the best thing that ever happened in Southold Town. Now, my main subject. As it was in the newspaper a month ago on the YMCA. Don't question the YMCA. In other words, don't make waves, or don't rock the boat. Well, as a taxpayer, i'm going to question it tonight. Laurel Lake is not the place for the YMCA, and i'li tell you why. t~m not against the YMCA, but i'11 tell you why. We have two Little League baseball fields there. We have the park there, and that's the only thing we have. in Laurel outside of the soccer field- You want to come along, and take that Little League field away, and say, we'll put it any place. That's ludicrous in my opinion, Tom. The statement that lyou make, well, if the water becomes contaminated it runs from north to south. It doesn't matter which way the water runs, if it's contaminated from north to south, or south to north, and that the water will not run uphill to Laurel Lake. Well, how do you know this, when an environmental review has never been completed, if someone falls down in that lake, the Town is held Jiable for it. Have it in Laurel Lake, because between Mattltuck and Cutchogue, we can get 5,000 people. Well, they can only handle so many people, and a lot of them will be from out of town, so what benefit are we really going to have from that, really? In my opinion, Mr. Supervisor, the people in Laurel should have had the opportunity to vote, if they wanted to give up that three acres of land or not, or have it at Laurel Lake, like the opportunity they had in Greenport to vote to abolish the Police Department. But, you go ahead, and be a Santa Claus with [he taxpayers~ property, and give them three acres of property in Laurel Lake. It's not the place for it. That park was there. It's going to cause problems with parking there, and i know you said in the paper, that you mentioned that parking, and cars, and overdevelopment is not a great deal that can't be done about thls. in other words, you're saying, [hat you can't control overdevelopment, or you can't con[roi parking cars in this town. That is ludicrous, too. I see that park. i see the kids in the summertime, they play baseball there with two Little League baseball fields there. That park is used a lot by people, and you go ahead and give it away the taxpayers~ money. How it was put there, Jean Cochran was Jnstrumentaj in putting that park there years back, and J can't see it going away. If the YMCA wants to have a YMCA, let them buy their own land. Don't 'give them our land without the taxpayers in Laurel having a right to say so. How would you like it? I'll tell you another thing, and here's one for you to think about, Mr. Supervisqr. If you're so hot about a YMCA, why didn't donate three acres of your farmland? That would be more of a centralized point than Laurel. If you're going to give that to the YMCA, give these people our land here. They're a religious group. There's nothing says you can't do it for a dollar. A dollar can do a lot of things. You can sell a car for a dollar. Don't put, that YMCA in, and let the people know what's going with the YMCA. I see them all over' there the other night there, the group over there, parked over there, looking the place over. ~ know what's going on. Don't put it over there. That's no p!ace for it, right on the edge over there, taking our beautiful bailpark away' from us, and our park that we've had there foF years, because you want to be a Santa Claus to the YMCA. That's not right. We should vote for it, all the taxpayers, and I don't care if you llke it, or not. I'm going to fight you on it higher than I did the McDonalds. It's not right, Mr. Supervisor; giving away the taxpayers' property. We should vote on it, if they wanted it (here or not. Years ,ago, party after, party over there in Camp Molloy. This 's way back. They started these parties, where the music and everything, and the teenagers came there. We had not so much problems there, but what are you going to do with all these cars parked over there, and all this activity here? Again, somebody falls in that lake the Town will be tiable for it. YouHI be hiring another lawyer. We got enough law suits now, hired at $125~00 an hour. Think about it. You want to be a Santa Claus, let these people give them their land to a religious organization, and charge ~.hem a dollar; There ain't nothing says you can't charge them a dollar. I can sell a car for a dollar, by law with my signature on a piece of paper. That's all I have to say at this meeting, but you haven't heard the last of me about this YMCA, PI[ tell you that. i stand here, and i pu~ my' money where my mouth is. Anytime you want to go one on one with me on a debate on tetevisior~, in a ring. We go in a ring, we don~t need boxing gloves. I'll use what's in here. i'11 take you on right now, if you want to, and no time Jimit, Tom. I know a lot more than you think I know. BeJieve me, i'm being a nice guy tonight. SUPERVISOR WiCKHAM: Thank you., Anyone else? HAZEL JEFFCOAT FUNKE: Good evening. My name is Hazel Jeffcoat Funke. t'm a Southotd resident. I'm a little nervous, because our Previous speaker's excitement has spread to the audience. My issue as a parent in town, I try to be attentive to the School Board meetings. I try to make sure I talk to my daughter every day, and find out how she's doing in her neighborhood. This is our fifth year here. The first year we were here basically we worried about the water table, because we're a small income family, and we don't believe in, you know, like handouts. We're working very hard, three jobs each, and stuff like that. We couldn't afford the water system, that was running through the newspapers, where you were going to have everybody go on [he city water line, and if they didn't 9o in on time, it was just; you know, we'd have to review. This is just off the cuff. SUPERVISOR WICKHAM: Where do you live? HAZEL JEFFCOAT FUNKE: Kenny's Road, and the issue at the time in '9t and '92, you were proposing a special water project, where everybody went on line at a certain time. They didn't have to pay to go on later. These were all just posting. They weren't llke official, and the proposal was it would cost a few thousand dollars to get on city water, if you didn't go in when the opening was there. So, we knew we couldn't do that, and we saved three more years to be able to dig another well. We're environmentally concerned people, and we believe very strongly in Southold keeping it's open land, and we support a lot of' the larger acreage. We don't want to see things chopped up, but we don't like people losing their property rights to benefit things like environment coming in, taking away our property rights. We're dead against it. I'm against anybody having to pay for killing a squirrel and eating it. to survive in the snow, and I'm definitely against anybody not having a legal right to protect their own property, after they called on the police, and they haven't been able to get the official help. They stood there all night, and looked after their own property, and they were arrested, and put.in jall all night. It was in the paper, and you can look up names. It makes my afraid that I don't have the right to protect my property. Another issue that came up while I was here was when alt the trees got'chopped down going into Orient, and a lot of the neighbor's concerns was again this was the politician running, or in hand and hand, one hand doesn't know what the other hand is doing. They just cut down ali the trees, and then you can open the road later on, because the trees will be dead, and you'll have to dig them up, and we'll get the nice road. So, I was worried that maybe the politicians would be in another way usurping our property rights to get the scenic route that they want down the Main Road. Now, the trickle down effect has a lot of effect on our kids, and the YMCA might be a really nice idea, but I only had a few exposures to YMCA, and most of those are in little areas, townish, and country in South Carolina, or in the city, and I wouldn't go to either. I wouldn't go to either. I wouldn't want my children to go. there, even though the programs are wonderful, because a lot of time you find there are problems dealing with large groups of people, and a small, town situation, most of the mothers I know, they get together, and they have their kids get together, and do outside activities. The schools are promoting lots and lots of after school progra.ms. So, if it's not right for the Town yet, I think the people voting, -'or having some kind of say before a deal goes in immediately, maybe it could be a longer term. Maybe they could, you know, project a building later on, when the Town need was greater. But, my children tell me they don't want to go to some of the sports activities, because of gangs, specially, unfortunately, I have to say this, but especially from GreenDort, and the other issue is that at the School Board meeting tonight they quoted that 75% of the children once they reach 'the high school age no longer are involved in these athletic type situations. Whether it be because of competition, or whether it be because they,'re, trying to direct their lives, and it's really hard to send your kids to school, unless kids go get a job. But, I would like very much for my representatives to know that, hey, I think you've done a great job. It's the second Board I've witnessed, and the first Board i voted for, and I really like the way you try to keep peace amongst us neighbors, because you know the big issue is people fighting all the time. We have to fight. If we don't get that different opinion now, you're not going to get the whole view, so I appreciate what you have to go through as our Board members. As a close,, if the Environmental Protection Agency wants to protect our land, and they want to do it at our expense, then I'd like to have more say, and I know that with computers, and things one day I should be able to vote right from my TV on everything, and now put so much on my politician. But, when it comes down to a policeman having to fill a quota, he's no longer my neighbor, and I'd like everybody to know that the Riverhead Police Department saved my son's llfe about two months ago, and they did it because they weren't sitting there waiting for a speedster on the side of the road. They did it because they saw a woman pull into a gas station under the lamp, and wondered why she would go to an unusual place llke that, and the Fishers Price car seat was strangling my son, and an Officer, Officer Hamillton, cut the Fisher Price T-bar, and saved my son's llfe. It was ten o'clock at night, and I was coming home from college, and out here in the country he would have been dead by the time I got help. So, I don't want my police force, I'm sorry Mrs. Terry, but this is a really important issue. I don't mean to take too long. You ladies work here from dawn. I know your job is hard. But, I try to come only once or t~lce a year. If the police were put in a position where the good guys get whacked out with the bad guys, and the crime fighting citizen, who cares about his neighbor, and only keeps a shotgun in his closet when someone actually tries to break in, instead of when they hear a noise, if our system keeps sending a message that being a good law abiding citizen, and helping out your neighbor, and helping out your policeman, because you're risking going to jail. You're only encouraging criminal element, or we are as a populace, and if we have to pay so many fines, and permits, and everything, I mean just think what, the Feds are going to do when we have to take our cars in. I'd rather go to my local Joe, because he'll tell me three months ahead, hey, you need to have this, and this, and I can save for it. Like I said a year ago, the taxes are too high, and I don't want my police force out there making money off of me, because I'm a tax paying citizen, and I won't threaten their life, but the criminal will, so they won't go after them. I think Southold is lucky, we have some really nice cops, really nice. I've met them a few times on the road, and nobody has ewer tried to burn me. Police are putting cops in llke they did in the Manhattan area, just to handle the overload of crime, and they are no longer your neighbor, tike we have here. You're going to have innocent mothers and children being dragged into the street, and I know from experience that sometimes under stress officers don't give patience to what they are hearing~ and they make a mistake. So, if we can all work together, be a little more patient, and not rush through things, llke with these police situation, it concerns me. My husband didn't want me to come here. He's so concerned that as a neighbor we might offend somebody, and then you know you're having problems in your neighborhood. We're your family. We want to grow old here. So, I commend ,you, but I ask you to understand that you're going to deal with the public, and most of us aren't as educated as you, and most of us are very concerned, that legally you're going to keep finding ways to legally rob us, and that's how I feel. I feel legally, when the government is getting layers, and layers, and layers, and layers of my money, I'm tired of it. Please, tell them I'm tired of it, but I took on three extra jobs. You know, it's not fair when a baby sitter makes more than me. It's not fair, when I work as a home health aide, taking care of a mom, and her husband, who can't handle their own kids, because they're trying to do right by their parents, and after they pay their taxes, and their gas, they may seventy cents an hour. That's not fair, and it's go to change, because this is our society. This is not Mexico. This is no~ Canada. "I'm very offended by what Mr. Clinton did. I'm very offended that my Republicans didn't stand up, and say, the little grass root people count. !~m sorry. I know it's a long speech, but I see that if I go to town, and t say something mY neighbor is mad at' me, but if I don't say something my kids are losing out, so, please, do something before your office changes again, because, I know you. I know that most of you are very generous. YOu're even sitting here listening to this. i don't know the people coming in. Oh, I'll hear about them in the paper, but I've seen the good work you've already done, and I would tike to see a little bit more before the promises hit, because then you'll get my vote. I'll tell you that right now. You've done a great job. Thanks. SUPERVISOR WICKHAM: Thank you. Yes, sir? VINCENT TIRELLI, JR.: My name is Vincent Tirelll, Jr. ~ live in Mattituck. I'm a Police Officer wi(h the Town. I've been a Police Officer for the past nine and a half years. I am the Vice-President of the Southold Town P~,A. ']-he reason I'm here tonight is, because for the last couple of months the PBA ~as been getting bashed. I mean, we've been getting the snot kicked out of us, in the papers, up here, by Mayor Kapell. They blame it on contract negotiations. Can't be further from the truth. I've decided that either myself, or hopefully, another member of my PBA will come to every meeting, so when some of these inaccurate defamatory asinine comments are made by 'either a member of the Board, or a member of the audience, someone will be here to either set the record straight, or research it, and come back, and if they're right, they're right. But from what i'm hearing, and what I'm reading, and what I'm seeing, they're wron9. I'm not a public speaker, You'll find that our very soon, i'm reading off hand written notes, because my typewriter took it's last breath the other day, and t decided to go get a word processor. Then you take a class to learn how to plug the stupid thing in. I am really tired of reading in the local papers about how the members of my PBA are not doing their job. How we're underworked, how we're under-utilized. Paper quote two hovers a day, that we work, and I know that's two hours a day answering call's. That's the average. It's a little bit under the national average. It's just because it's a quiet town. I mean, compared to Manhattan, we are a little bit quieter, but there are also times when you have four people on the road, and you need six. Today for about an hour, there were no police cars on the road. We had two tied up with arraignments. We had a gas main explosion in Greenport, and I made an arrest in Mattltuck. I had to rush through the paperwork, because i knew there was no one on the road. My Sergeant was answering calls, and that's not right. He's not there for that. He's there for supervision. That happens far too often, where there is nobody on the road. The people deserve better. If, as you state, we only work two hours a day, can I go home after three calls? If I do, ~ have things to do. I'mean, that's what it makes it sound llke. I can go home, and wait for the phone to ring. That's not the way it works. There's patrol work. Patrol work is one of the most important things you do. None of you, except for Mrs. Hussie, have been ever in a Police car, as far as I know. You've never been on a patrol with us on a Saturday night in August, and seen (tape change.) We need more cops. I don't want to see two cops in Greenport Village. I want to see three, and I would be self servicing to say, it's for the benefit of the public. I don't want any of my people to .get hurt. There are times when we need three or four cops in the Village of Greenport, I, also, want two back in Matt]tuck. Over two weeks ago in Greenport, Mattltuck was split, we were losing Mattituck We lost Mattituck. We got Matt]tuck back by putting two police off. icers in there, and aggressively patrolling Mattituck. We got Mattituck back, It's lost, again. You can't go to the A~,P parking lot anymore. J mean, I work Mattituck full time, It's beyond me. i pull in there, and I need help almost ali of the time. You can't do it. The people in Matt]tuck should be screaming. They should be at every Town Board meeting. Why are we suffering because Greenport pretty much dumped their problems on us with no notice, and you're not hiring anybody. You're blaming it on CiVil Service. You're blaming it on the PBA contract. You knew long before they did away with Greenport, what your options were. You could have hired six or seven before the vote.. Put them in the academy. You could have done away with that preferred list. Then you wouldn't have had to hire anybody from the preferred list, that you didn't want to hire. But, nobody did that. in 1989, 1990, there were approximately fifty-seven police officers including Greenport Police Department, within the whole town of Southold. 'Today there are thirty-t:wo, and only, twenty-two are patrol. The rest is administration. That's almost obscene, and we're supposed to cover an area that large. You talk about not being able to fill..I know Mayor Kapell was in here screaming every week, I thought he would be here tonight, that he wants more, and we'd love to give him more. We can't put four on the road sometimes. There are times, I mean, my police officers have no personal lives anymore. You go to work on a weekend, and you know you're going to end up working a double. I went to work eight o'clock Saturday morning. I knew I wasn't coming home. At ele~/en o'clock I was told, can you stay 'til four. it was voluntary. I got paid time and a half. It was Saturday night, and I worked a double, and at ten o'clock they said, gee, can you stay 'ti[ four, and J had to come back at eight. I told them t don't think be very useful on Sunday, if I have to do that. Luckily, I didn"t have to do that. I'm getting tired of listening to David Kapell's outrage. I told you ali what was going to happen about crime going up. t mean, I~m not one to say, i told you so, but ~ did. Crime is up. I mean, Joe Gold can say what he wants. He can turn numbers the way he wants. Crime is up. He kicked out a few little numbers. ~rhat's fine. I mean, he can do what he has to do. That's his job. That's what he's there for, for you. He's an expert supposedly. You know, a burglary is a burglary. It's written as a burglary. A robbery is a robbery. An assault is an assault. We don't juggle numbers. We not that way. Our job is to write it, as it happens. If [t's an assault, it has to be written as an assault, because of future prosecution. ,~ couid lose my job if I intentionally mislabel something, and I'm not about to do that, and none of my officers are about to do that, In fact, sometimes we downgrade stuff. So, I think we're backpedaling here. We're doing damage control. It is an election year. I got guys driving around in cars, that shouldn't even be on the road. My car personally, I speak from personal experience, because I know myself better than anybody, one hundred three thousand miles on it. It needs brakes, oil change, front fender is failing off. We're not getting new cars. We have four new cars sitting out in the back, and we're toldr well, when these break you'll get new ones, but what are we going to use for spares? When the new ones into service, or repairs, and they're in for a couple of days, what are we going to drive? We won't have anything left. We're going to be using our own vehicles. Your police expert failed to report a crime. He said, we know nothing about it. ] don't ~(now how he knows us that well, and then when the papers asked him about it, he said, oh, [ didn't say that. Well, that makes the police officer, that reported it, and his next door neighbor a liar, and I don't really think that's happening. [ mean, if we had been called that night, as we were called on many other nights for every other little thing, we would have cleared a lot of cases that day, because a lot of stuff happened that night, and those youths were responsible for that. There's been a campaign of misinformation, and politicking against us. Several statements attributed to Mr. Wickham got me going. Morale is down, because of the number of officers we have on disability. That's how our morale is down. Morale is down, because we read the papers. We read what's being said about us. We know, we get so frustrated, because it's so inaccurate, and so far from the truth, that you want to- start screaming at people, and we're doing an impossible job with totally insufficient staffing, and we're reading the paper all these, Sometimes, ridiculous statements. Morale is not iow, because we have one person out on disability. We have one person, who is using his own sick time for personal sickness, and it's got nothing to do with morale. I mean, the Town is taking care of our member, who was hurt in the tine of duty.. That's fine with me, but the paper is playing favor]tes, and they are coming out there, and saying these totally inane things. ]t's got to end. I mean, it's strictly politics. We care about Lhis town. Our fatuities live here. We want to protect our neighbors, our friends. Everywhere I go, [ see people I Know every day. I see people ] know. Some tet! me we're doing a great job. Some read the papers, and believe it, and say, oh, you guys got it made. Ride with me for eight hours. Ride with me for two days, and see what I see. Ride with some of my other fellow officers for a couple of days. I mean, I don't know if you got a case of it. I didn't talk to the officers that went with you. I don't know what you saw. I don't even know what day you went, but I mean, there are times out there, where you're just losing it. In closing, please, stop compromising the safety of people in Southold for political reasons. Everyone is budget conscious, including us. Stop waging a war of words against PBA, because anyone can see through it. Work with us, and not against us. Give us the ability to serve the taxpayers of the town like they deserve to be served. Remember, in spite of everything, in spite of beliefs, in spite of likes, and ..dislikes, when you call us, when you're riding out of a situation, we have to run in, and we have to settle that' situation, and we will do that, and Mrs. Hussie, i don't care what Mr. Kapell says, you're not an old lady. Thank you. SUPERVISOR WICKHAM: I'd like ~to comment briefly, like the woman who spoke just before you spoke very favorable about the police, t've heard many favorable comments. 1, myself,' am impressed. I have spent a good deai of time reviewing the police patrols in. various parts of the town, ~n particular Greenport, but elsewhere, and I think all of us are impressed, and pleased with the professionalism in the police department. The issue of morale is essentially the motivation,, and the problems, where problems and morale are coming from, a lot of that is in discussions that I have had with the Chief, and the other people in the police department. The idea that the people on disability can create a morale problem, and to some extent are, but acknowledge that, that's not the whole part of it. We could go into this at some tength. As everybody knows the PBA and the Town are right now in contract negotiations. ~ hope that will be ended quite quickly. I think the whole atmosphere, and ail relationship will be much better after that is over. Are there any other people, who would like to address the Board, or any other Board members, who would like to respond on the police matter? Joe? COUNCILMAN TOWNSEND: Officer Tirelli mentioned members of the i3oard that have spoken about cost, and management, and so forth, and have to say, I have been one Of them. The private sector, ail of us,. have had to puli in our forms, and get along with less in the last ten years. know in my business, I certainly have. Economy is not the same, and it's happening in the public world. You don't want to compromise safety, and certainly that's the last thing that we hope to do. But, when you realize that giving the figures that he stated, in terms of the number of policeman we're down from ten years ago, and yet you realize that our budget is over 100% higher, than it was with that number of people. We have to try to find some other answers to safe policing. We have to figure out things, things we may be able to work into tile contract, that would help us police a tittle moro efficiently. I believe that we have very good men on the polico forco. I moan, some of them are my friends. They may not be after this election, or the next one, but I do believe that we have good men. I didn't want to take the cuts that I've had to take' in my personal business, and I don't thing most of the people, you know, want to reduce their incomes. No one wants to reduce their incomes, or work harder, but we're all doing it. It's time that we in the public .sector faced that, and worked together. It's inevitable. If it's not this Board, it's going to be the next Board. i'm telling the Police Department, and all Town workers, that that's the case. We just have to work harder at it, that!s alt. SUPERVISOR WICKHAM: Anyone else,, who would like to address the Board tonight on ~ny matter of your interest? Yes, sir? JIM HICKEY: Jim !3ickey, Mattituck. To the PBA President, now would ycJu, or your membership, feel about merging with Suffolk County? VINCENT TIRELLI, JR.: It can't happen. JIM HICKEY: Why can't it happen? VINCENT TIRELLI, JR.: You can't cross boundary lines. JiM HICKEY: They do it in Eaton's, Neck. SUPERVISOR WICKHAM: May I ask you to address the Board, and put the questions to us? JiM HICKEY: Okay, here we go. Mr. Townsend, you said, it's impossible almost to make a 'left turn in Orient. I dispute that. You said that a few months ago with the traffic. COUNCILMAN TOWNSEND: You can certainly make it, when the ferry is not running. JiM HICKEY: When the ferry is running, I have no problem. Left turn, -right turn, u-turn, three point, no problem. I did see the problem you people caused out at the ferry. The ro&d leading between the ferry building office and the concession stand. You posted it, no parking, forcing about thirty to forty cars..don't shake you head, Mrs. Oliva. COUNCILWOMAN OLIVA: Sir, the State put up those signs, not us. JIM HICKEY: At your request from Sergeant Mahoney, State Police. I know all about it. That was'a .good move. Who was the genius that thought up the bike path out there? I'm asking. COUNCILWOMAN OLIVA: They did. JiM HICKEY: Who? COUNCILWOMAN OLIVA: The State. JiM HICKEY: On their own? COUNCILWOMAN OLIVA: Yes, we did not request a bike route. We had requested a bike path with adequate stripping, and slgnage to the effect of no passing on the right. I'm sorry, sir... JIM HICKEY: A path isn't part of a roadway. COUNCILWOMAN OLIVA: Out west they do it all the time. SEPTEMBER 19, 1995 391 JIM HICKEY: This isn't out west. Another thing, you've had a fatality out there. I was out there today. The traffic lanes in certain spots are a little over nine feet. Federal law, Department of Transportation recommends a traffic lane be thlrteen.feet. Yes, expressways are thirteen, parkways are thirteen, and most of our State highways are thirteen. You narrowed the lanes to accommodate a bicycle path, where the bicyclist are protected by a four inch painted line, That makes a lot :of sense. Doesn't it? COUNCILMAN TOWNSEND: Are you talking to us personally? JIM HICKEY: Yes, I'm talking to you: COUNCILMAN TOWNSEND: Keep your voice down. Don't yell. COUNCILWOMAN OLIVA: Again; it's the State that did that, sir. COUNCILMAN TOWNSEND: I don~t think we took part in the planning of the width of the road, and so forth. JIM HICKEY: Well, you ought to take part in doing something about it. You claim six thousand cars a day go through there, and the only thing separating them is that line of paint. At least put a Jersey wall there, or something. It would Iobk ugly, bgt at least you can proteqt the bicyclist, or better yet, just eliminate it. Am I right? JUSTICE EVANS: Then they have no protection. JIM HICKEY: Maybe they shouldn't be there. Do you have one on the Long island Expressway? 'is' there a bike lane on the Expressway? Common sense, cars and bicycles don't mix, especially when the speed limit fifty, fifty-five miles an hour. JUSTICE EVANS: I think it's a sad day, when you don:t have bikes on the road out in Orient. JIM HICKEY: i agree with you, but don't encourage it, if want to protect it, put a path, and if you have to, go through the condemnation process, "and take a little property from the people. At least put a line of trees between the bikes and cars. Thank you. SUPERVISOR WiCKHAM: Would anyone else llke to address the Town Board? Mr. Carlin? FRANK CARLIN: Just a. few things, Tom, in response to the Police Department. Frank Carlin. I only have three things I want to mention here tonight on this subject, on the "sbuthold Police. I could speak about an hour, but I won't tonight. I had. my turn. 1 fully support the Southold Police Department, also, the Fire Department. I think they are both doing a wonderful job. One thing I hear somebody mention, it bothers, me a lot of times. In fact, one night at the Board meeting it was mentioned. Oh, I see two police cars always parked. They must not have anything to do. Well, you see two police cars parked, take notice of the stripes on the cars. One will usually be blue, and one will usually be yellow. The reason why that is many a time, because that's a Sergeant's car, and many a times, he has to communicate directly with the patrolman, and that's why sometimes you might see two police cars there. So, when you see two police cars parked in Southold town, don't always think that they're goofing off, we don't need the cops, they have nothing to do. Think twice on that one. You can't expect these people here, these gentlemen here, I know what goes on there, too. I get around town quite a bit. Those officers don't go off duty. There's a fact that officers go off, say at eight ofclock, three hours later they're called back to go back on again. You can't work people llke that. There's no way you can work officers llke that. Would you ilke to do that? Work eight hours a day, and go off for three, and alt of sudden the phone rings, come on back, we need you, we don't have no help. That's not the way to do it. I'm only golng to speak short on this, but I could make this a big issue inside the ring with you, Tom. In 1990, we had forty-two pollce officers in Southold, plus nine in'Oreenport. That was a total of fifty-one. Now, we're down to twenty-two patrolmen. Any computer would not add that up to be positive, i'll tell you that right now. No way, and this overtime has got to be stopped. We had from January I to May 15th, q,200 hours of overtime, taxpayers' money of overtime, and that's not including September and October with about 800 and something hours then, and I'm not including it from May 15th to the present date, what the overtime is. The overtime is going crazy here with this overtime with the taxpayers' money. You got enough there, you got COPS, Federal grant, that supptles three police officers from the Federal government, COPS organization. You got support from Oreenport, gives you what, $240,000 a year annually for police support, or $220,000 a year. That's three more cops right there. You're playing Russian roulette with the people and the Police Officers. I can continue on this for an hour or two, but I'm going to cut it short. I had my say, but I stand behind these people here. I think with the amount of men, they're doing a wonderful job. I don't see why we can't have more cops, when we can have 42 in 1990 in Southold Town. I'll tell you one thing. I'm going to finish this up. I was going to have three, but I'm go. lng to add another one. I hate to say this. If I was a police officer this year, and I had my twenty year.., in, I'm not going to knock the Police Department now.. if I had twenty years in, and I was a police officer, this year would be the year I want to retire, because alt that overtime money adds up, and last year of salary. I~d go out with $40,000 a year. That would be the best time to retire. SUPERVISOR WICKHAM: Would anyone else like to address the Board? FRANK CARLiN: I hope I didn't give them any ideas. SUPERVISOR W1CKHAM: Are there any Board members, who would like to make any observations? COUNCILMAN LIZEWSKI: I'd like to say something on this TDR Program, Several aspects of the TDR Program, I don't think that TDR's themselves are probably bad, but this basically has other problems that see, and that's the transfer of power from the Town Board, and the Zoning Board, to the Planning Board, and some of the workings the way the stuff is being set up, I think it's important that the people watch that. We gave away some of the power to Planning Board early in the year, the Site Plan, and I think we may be about to do it again, so the workings of how this happens 's just as important as the TDR Program. in other words, the "mechanism, and who does what, who gives what to what, is something that think the people should watch in th'is town, because I don't think you should..I think the elected people, you elect the people who should answer to you, and if you don't like the way somett~ing is going, you should be able to get rid of them, and some Boards have a tendency of giving more power away, and putting it deeper in government, and taking it further away from the people. I think that something should be watched with this TDR Program. SUPERVISOR WlCKHAM: Anyone other Board member have any comments? (No response.) I'd just llke to say, very briefly, that we got in the last week the final report of the Peconic County Feasibility Study. Today distributed copies to the other Board members, and I'd just Hke to outline very briefly the proposal for Peconic County, if it's ever established, if it ever comes into being, according to the assumptions of the study, would result in major tax savings to all of us. The County share of our property taxes is not a large share. As you know, the bulk of our property taxes go for schools, and a significant amount for the town, and I think the County is a little less than the town. But, the County share of our property taxes would be halved, would be just about half what we're now paying in Suffolk County taxes, if Peconic County would take shape along the lines of the way, that the study was prepared. The study was done very carefuily. have participated on the steering committee of it. I think it's an excellent report, and there's several reasons why the taxes would be much tower. Peconic County would not just be a duplication of Suffolk County on a smaller scale. It would be different. There would be several things that would be different. First of all, it would tend to eliminate the east to west subsidy, that we currently are paying by virtue of so many second home houses out here at the east end, that don't call for much services, but do provide for the tax base. There would be reduced services. There would be more spartan, or scaled back county, compared with the services provided by Suffolk, and personnel would cost less, because the personnel sata-y scales would be more or less along the lines of the Town's out here, rather than the higher cost salary scales of the County. Finally, if Peconic County would contract jointly with the towns for services, rather than trying to do everything by itself. We had rather hoped to have hearings in each of the towns this fall on the proposal for Peconic County. Let the firm, Public Financial 'Management is the name of the firm who did the study, Jet them come out and explain all of this to the people of the towns. Those hearings will still happen, but we have decided to put it off until January, get out of the political season, be sure that it doesn't tangled up with the politics prior to November, and besides there may be some new people in office, and it might be better for them to take cognizance of the opportunities, rather than the old people before they go out. So, keep tuned. Sometime early in 1996r there will be hearings here, and discussionS, about the p'roposal for~ Peconic County, which I nave to say, I think makes a great deal of sense for the Town of Southold- With that, I guess we're open for a motion to adjourn. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be and hereby 's adjourned at 9:20 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Otiva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Judith T. Terry / Southold Town Clerk