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HomeMy WebLinkAboutTB-10/03/1995SOUTHOLD TOWN BOARD OCTOBER 3, 1995 Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Councilman Jos.eph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9:15 A.M. - The Unsafe Building Hearing with respect to the property of Thelma York Aanestad, 2605 Orchard Street, Orient, was reopened. Building Inspector John M. Boufis appeared before the Board and advised them that since the September 19th hearing he has had no correspondence or communication from the owner of the property. Councilwoman Oliva reported that the Landmark Preservation Commission has looked at the house as best they could, due to the overgrowth around it, and feel that perhaps the wide floorboards or a mantel might be worth preserving. This could be taken into consideration during the demolition. The Unsafe Hearing was adjourned, and the Board agreed the building must be demolished, and placed a resolution (15) on the regular meeting agenda to reflect this decision. They also placed a resolution (16) on the agenda authorizing the Town Clerk to advertise for bids for the project. 9:25 A.M. Edward Boyd V, Assistant Chief of the Southold Fire Department appeared before the Board to ask if they had made a decision to approve a traffic ight at CR48 and Horton Lane, Southold. Councilman Townsend said he would like to look into other safety measures. The Board agreed to discuss this more fully at 3:00 PM, the scheduled time on the agenda. 9:30 A.M. Committee on Local Taxes members James Heffron, Chairperson, /ynda Rehm, Charles Murrin, and James Foley met with the Board to present their Final Report (copy on file in the Town Clerk's office). Mr. Heffron and the members discussed the report with the Board. The Town Board agreed that the report will be distributed to department heads, along with a summary, which Will be distributed to all employees. Supervisor Wickham suggested that a steering committee be formed after election that will move ahead with the recommendations in the report. 10:20 A,M. - Supervisor Wickham reviewed his Tentative 1996 Budget. 11:00 A.M. Senior Accountant John Cushman met with the Board to discuss the East-West Fire Protection District Firemen's Service Award. He said that the' Town paid its 46% 1994 share last year, but the Village did not pay their 56% 1994 share until this August. They do not plan to pay their 1995 share until 1996. Mr. Cushman said that it was his understanding that when the Town agreed to make the initial payment, that the Town would not make a second payment until the Village made its second payment. The Village Clerk advised him that the Village has not budcjeted the second payment, and plans to wait until next year. The Board asked Mr. Cushman to advise the Village that the Town wil not make a second payment until the Village makes their second payment, or the Town will make a second payment now in an amount reduced by the difference between the present value of $73,079.00 due one year hence, at an interest rate of 6%, the reduction to be made up by the Village of Greenport, which would mean the Village would have to pay an additional $4,136.27, while the Town's payment would be reduced to $68,942.73. Mr. Cushman will convey this to the Village. OCTOBER 3, 1995 2:55 P.M. Board discussed the proposed agreement between the Town and the Suffolk County Department of Public Works for the installation of traffic control devices at CR48 and Horton Lane, Southold, and a resolution (28) was placed on the agenda to authorize the Su"pervisor to sign the agreement.----Discussion was held with regard to the proposal of Charles Voorhis & Associates, Inc. for environmental planning services for the Town-owned land at Laurel Lake proposed for a YMCA. Councilman Lizewski and Councilwoman Hussie voiced their disapproval of spending $I.000 of Town money before it is known whether the YMCA can raise the money for a building. A resolution (29) was put on the agenda to go forward with the proposed services .----Board placed a resolution (21) on the agenda reappointing members of the Substance Abuse Committee. tl :15 A.M. - Town Board approved a proposed budget modification by Chief Droskoski for motor vehicle tires (resolution 18) .----Put on hold a proposed resolution for the installation of a street light in the Shorecrest Subdivision until Supervisor Wickham has an opportunity to talk to Superintendent of Highways Jacobs.----Approved a budget modification for the maintenance agreement for the blood pressure machine (resolution 19).----Approved attendance at an Emergency Medical Dispatch Instructor Training by Public Safety Dispatchers Iresolution 20).----Set 2:30 PM and 3:00 PM, Tuesday, October 10 for interviews for Home Health Aide, School Crossing Guard,, and Records Management Clerk.----Town Board reviewed the Well Drilling Project Interim Report for Oregon Road, Cutchogue, September 1995, by the Suffolk County .Department of Health Services, Division of Environmental Quality, Bureau of Groundwater Resources (on file in the Town Clerk's office).----Board again discussed the request of former Police Officer James Mellas for reimbursement for time spent testifying in court on behalf of the Town. The Town offered to pay him for his time at the 25% difference between his retirement income and full salary. He said he was insulted and would not accept charity. The 25% offer would amount to $400. Board agreed to offer 50%, or $800. Furthermore, Councilman Townsend would like a letter from Chief Droskoski stating that he told Mr. Mellas he would be reimbursed for his time. Supervisor Wickham will obtain the letter from the Chief. 11:45 A.M. Venetia McKei§han, Director of Human Services, met with the Board to request permission to have a telephone line installed at the Retreat Office, located in the Human Resource Center. The phone that they originally installed is reserved for hot line calls only. They have been sharing a phone for all other calls. Since calls to Retreat are increasing at such a rapid rate, phone sharing is no longer adequate, The installation, as well as the monthly bills wil be paid through the Office for Women's budget (resolution 22). 11:55 A.M. Town Board reviewed a memorandum from Planning Board Chairman Richard Ward with regard to l~a~m §rands. The Planning Board is concerned with the setback proximity o'f~: f§rm-s~t~r~ls to the highway or lot line, and that a building permit could be issued for the construction of any structure up to 1000 square feet in area within the required front yard of any lot within a residential subdivision regardless of the size of the lot or its location. Further, while the Code defines a farm and farm buildings, it does not define farm stand. They submitted a proposed definition for the Board's consideration, which is intended to discourage the construction of permanent structures that could be converted to retail or office uses. The Board agreed this proposal should be referred to the Agricultural Committee. Supervisor Wickham said he would call a long over-due meeting of the committee and place this item on the agenda.----Report from the Land Preservation Committee, upon request of the Board, with regard to the offering of land by the Commoners Theland owned ~yth~m:'isiin Peconic and Cutchogue. The committee recommended to the Board that the Town accept the donation of the land. Town Board placed a resolution on the agenda to accept the land, subject to the approval of the Town Attorney.----Town Board set 8:00 P.M., Tuesday, October 17, 1995, for a public hearing on a proposed "Local Law in Relation to Landfill Permit Fees by Resolution" (resolution 24). 12:15 P.M. Recess for lunch. OCTOBER 3, 1995 2:05 P.M. Work Session-reconvened and the Board met with Town Investigator Edward Forrester to discuss the Annabel trailer permit. It was agreed to look at the situation again at the end of six months when~the permit comes up for renewal. 2:15 P.M. Solid Waste Coordinator James Bunchuck met with the Board on soil testing at the Fishers Island Metal Dump. He discussed this with Tom Maher of Dvirka and Bartilucci, and he suggested the Town contact Nytest, who has tested soil samples for the Town in the past, and set up a testing protocol. He will speak to Nytest and obtain a cost proposal from them, and report back to the Board. 2:45 P.M. Town Board reviewed the resolutions to be voted on at the 4:30 P.M. Regular Meeting. EXECUTIVE SESSION 3:15 P.M. - On motion of Supervisor Wickham, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss police hiring and the Scavenger Waste Plant. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd.----As a result of this Executive'Session, a resolution (30) was placed on the agenda to engage the services of Jonathan Rosner to defend the Town 'n the matter of the Village of Greenport and Mayor David E. Kapell, individually and on behalf of the residents of Greenppr.t against the Town of Southold, the Town Board, the Town Police Department, and the PBA. 4:25 P.M. -Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on October 3, 1995, at the Southold Town Hall, Southold, New York. Supervisor Wickham opened the meeting at 11:30 P.M. with the Pledge of Allegiance of the Flag. Present Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. I-lussie 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: bills of October 3rd? Do I hear a motion to approve the audit of the Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the following paid: General Fund Whole Town bills the amount of $45,571.85; General Fund Part Town bills in the amount of $303.61; Community Development Fund bills in the amount of $22,923.04~; Highway Fund Whole Town bills in the amount of $5,017.89; Highway Fund Part Town bills in the amount of $150,801.79; Lighting/Heating Capital A/C bills in the amount of $600,00; Fishers Island Metal Dump Capital bills in the amount of $5,867.29; Employee Health Benefit Plan bills in the amount of $32,208.25; Fishers Island Ferry District bills in the amount of $12,101..25; Refuse $ Garbage District bills in the amount of $84,167.1t0; Southold Wastewater District bills in the amount of $2,590.00; Southold Agency & Trust bills in the amount of $3,129.03; Fishers Island Ferry District Agency & Trust bills in the amount of $1,013.56. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham, This resolution was duly adopted. Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the September 19, 1995, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wlckham. This resolution was duly adopted, Councilwoman Oliva, Councilman Lizewski, ~loved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., October 17, 1995, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: One of the opportunities the Town Board has from time to time is to make proclamations in honor of imoortant events, or important periods in the Town's day to day life. This one is to commemorate Fire Prevention Week, which is next week. It's very timely coming just after the parade in Westhampton yesterday, that commemorated fire prevention on a broad scale of the South Fork, and today's proclamation is a little different from some of the earlier ones we've done, in that it will involve the entire Town Board, so I would like to begin by essentially reading the first part of this proclamation, a proclamation in support of Fire Prevention Week, and I'll just mention briefly that we have several tips in Fira Prevention Week as to exactly what to watch what we heat, and each member of the Board will read a tip. Before I get into the proclamation itself I'd just like to mention several of these tips, that are part of Fire Prevention Week. The first one is always keep an eye on food being heated. If you leave the ,kitchen turn off the heat, and a good cooking tip is if the phone rings, or something else requires you to leave the kitchen monetarily when cooking, take a pot holder or wooden spoon with you as a reminder to get back to 'the kitchen quickly. That's a tip that is part of Fire Prevention Week. Joe? COUNCILMAN LIZEWSKI: Keep young children away from appliances when cooking. If you allow older children to cook, supervise them closely, and teach them safe cooking practices. Good cooking tip, enforce a three foot kid-free zone around the range and teach youngsters not to play in that area. Alice? COUNCILWOMAN HUSSlE: Dress appropriately for cooking. Wear short or tight-fitting sleeves when cooking and use caution when working near heat sources. Good cooking tip, try not to reach or lean over the stove. You can avoid this by not storing ~tems you use directly over or behind the stove top. Judy? TOWN CLERK TERRY: Provide plenty of quality, fire-resistant pot holders and oven mitts for the cooks in your household, good cooking tip, select heavy, fire-retardant oven mitts that nearly reach the elbow to protect your entire forearm from heat. Ruth? COUNCILWOMAN OLIVA: Keep the stove top clean and clear. Store things that can catch fire, like pot holders or wooden utensils, away froTM heat sources. Good cooking tip, keep food or grease from building up by cleaning often. COUNCILWOMAN TOWNSEND: Monitor hot oil carefully and heat it slowly, keeping the pan lid close at hand. Guard against splattering grease. Know what to do in case a grease fire occurs. JUSTICE EVANS: Use caution with electrical appliances. Plug one appliance into an outlet at a time. Have appliances with frayed or cracked cords repaired before using. NeVer stand in or near water when using electrical appliances. Good cooking tip, unplug countertop appliances when not in use. TOWN ATTORNEY DOWD: Turn handles inward so pots and Pans won't be pulled or knocked off the stove. 398 OCTOBER 3, 1995 SUPERVISOR WICKHAM: We have a proclamation, that I'd like to read now. Is there someone, Mr. Llewellyn, who would receive it with us? Moved by Supervisor Wickham, seconded by the Entire Town Board, WHEREAS, the fire service of the Town of Southold is dedicated to the safety of life and property from the devastating effects of fire. Members of the fire service are joined by other concerned citizens of Southold Town, as well as schools, business, service clubs and organizations in their fire prevention efforts; and WHEREAS, this year's Fire Prevention Week them targets the leading causes of home fires and fire deaths. "Watch what you heat: Prevent Home Fires" underscores the main culprits, cooking equipment and heating equipment; and WHEREAS, cooking is the number one cause of home fires in the United States. The leading cause of home cooking fires and injuries is unattended cooking; and WHEREAS, the local fire service efforts are sponsored by activities of organizations such as the American Burn Association, the American Red Cross, the Congressional Fire Services Institute, the Fire Marshals Association of North America, the International Association of Arson Investigators; the International Association of Fire Chiefs, the International Associations of Fire Fighters, the International Association of Black Professional Fire Fighters, the National Volunteer Fire Council, the U.S. Fire Administration; now, therefore be it RESOLVED that the Town Board of the Town of Southold do hereby proclaim the week of October 8-1Lt, 1995 as FiRE PREVENTION WEEK which commemorates the great Chicago Fire of 1871; and be it further RESOLVED that the Town Board calls upon the people of Southold Town to participate in fire prevention activities not only at home, but at work and school as well, and to heed the message: Watch what you Heat. Dated: October 3, 1995. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor WiCkham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I think you have copies of the agenda, that were available outside the door when you came in. You'll notice that at 5:00 o'clock we have two public hearings, one a Local Law in Relation to Flea Markets, and on in Relation of Members of the Architectural Review Committee. There are a series of reports the Town has available. I. REPORTS. 1. Southold Town Police Department Monthly Report for August, 1995. 2. Southold Town Community Development Office Monthly Report for September, 1995. 3. Southold Town Dog Shelter Monthly Report for August, 1995. Lt. Southold Town Building Inspector's Monthly Report for September, 1995. II. PUBLIC NOTICES. 1. New York State Department of Transportation Notice of Order amending the existing /40 MPH speed limit to extend 1500 feet east of Cutchogue Elementary School. 2. U.S. Corp of Army Engineers, New York District Public Notice announcing a series of public information meetings pertaining to the Regulatory Program. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 5:00 P.M. on a proposed "Loca Law in Relation to Flea Markets". 2. 5:05 P.M. on a proposed "Local Law in Relation to Members of Architectural Review Committee". 'OCTOBER 3, ~995 399 V. RESOLUTIONS. SUPERVISOR WICKHAM: We have a series of issues, that we took up during the Work Session in the morning, and in the afternoon. There shown on the last page in the Order for Business, that we took them up in during the day. Many of those items are now converted into resolutions, that the Town Board will take up in short order. Before we take up those resolutions is there anybody in the audience who would like to address the Board briefly on any one of the resolutions that are listed in the agenda? Yes, sir? WILLIAM SOLMAN: My name is Bill Solman, Chief of Southold Fire Department. Resolution 28, I was here earlier during the business meeting, and I understand that everything looks favorable for it. I just want to stress it more. It's needed. I don't know if you have reports, but we have all the statistics for the last year and a half. I don't know if everybody has received them, as far as injuries, that we have responded to, and not the Police Department. I don't know if you'd like my copies. SUPERVISOR WICKHAM: Yes, I would like to have a copy of that. Are there any other comments on this, or any of the other resolutions before us tonight? RICHARD WINTERS: My name is Richard Winters. I reside on Horton's Lane to the north of Route /48. I'm asking for the Board's support for the proposed traffic light. I think it's important. I hate to see Southold Town strung with traffic lights. I hate to see the lose of the atmosphere once they go in like regulation, it's tough to get them out. On the other hand, crossing L~8 probably four or five times a day, I can personally vouch it's a dangerous intersection. There's one thing, at least, that makes that intersection unique, and that is that the cars coming off of the dual lane highway, which is.. on average I suspect they travel 60, 65 miles an hour. Then they go down to the two lane highway. They're still going too fast. I think a light at that intersection would tend to slow them down a little bit for Young's Avenue, which ~s probably equally as dangerous, BoJsseau, and then you run into the speed zone by Sawicki's. So, I think it's an ideal spot from that point of view to slow the traffic down, as it reduces to two lane from four lane. In addition to that there is currently one business on the north-west corner, where sometimes pulling out of Horton's Lane heading south they'll park in the front, not supposed to, but they do from time to time, blocks vision. The other thing that causes a problem is when you get Plum Island people coming home, you'll get a string of cars. Sometimes you'll get the ferry traffic. It's still a string of :cars from Orient. I think we've all seen that, and in the summertime it's compounded with the summertime, traffic. It's not too bad in the wintertime, but .when you get a string of cars, J see people who get anxious. I'll fall asleep at the stop sign. I don't really care, because I'm used to it, but some people, they get anxious, and they go when they shouldn't go, and they 'lose track. They don't look the two or three times that they should. I think with some of the sen~'or citizens, maybe they're careful, but it's a little more dangerous. Some young people, they jump the gun. I've seen it time and time again. That adds, and compounds the problem. I think we need a light there. I hate to see it happen, but I think we really need it from a safety point of view. Thank you. SUPERVISOR WlCKHAM: Would anyone else like to address the Board on any of the resolutions before us this afternoon? Yes, sir? J.L. CONWAY: On the same one, my name is J.L. Conway. I live on Horton's Lane. You read my letter earlier today. The thing I'd like to bring up, you just read a resolution about prevention. This is what this light is. We want to prevent injuries and death. Thank you. SUPERVISOR WICKHAM: Anyone else llke to address the Board this afternoon on the resolutions in front of us? (No response.) At the end there wil be an opportunity to address the Board on other matters, that aren't just limited to these resolutions. TOWN CLERK TERRY: May I put something on the record, please? In accordance with New York State Law I wish to formally present the 1995 Tentative Budget to the Town Board members. You all received a copy on September 29th, so now you're ready to begin your Budget review. Thank you. 4 0 0 SUPERVISOR WICKHAM: Thank you, Judy. She reminded me that she did present, as State Law requires, the Supervlsor's Tentative Budget that I prepared for the Town Board last Friday, and this morning during the Work Session we had our first discussion about it. I'm not going to go into a lengthy discussion about the Budget. I will say, that it calls for an increase in spending for next year, for the Town, of about 1.6%, but it calls for a decrease in taxes by about two and a half percent, because of the way the revenues are constructed. We had a good discussion about it this morning, and beginning at 8:30 tomorrow morning the Town Board will take this Tentative Budget, work it through, and ultimately work towards adopting a budget, I hope later this month. With that brief introduction I think we're ready to begin with our resolutions. · -Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent by A. J. Gada Contracting, in the amount of $787.50 for the year 1995, which rent remains unpaid, shall be levied against the real property of A. J. Gada Contracting, and shall be collected at the same time and in the same manner as Town taxes. · -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2.-Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lucia Farrell as a temporary part-time Clerk Typist for the Justice Court, effective September 22, 1995, to fill in during the sick leave of Theresa Zimnoski, at a salary of $6.82 per hour. 2.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 3.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, Certified Real Estate Appraiser, at a fee of $1,000.00, to conduct an appraisal for the Land Preservation Committee for consideration of the following property for the Farmland Preservation Program: Marie D. Cassidy and Carole M. Cassidy, Albertson Lane, Greenport, approximately 32 acres, SCTM#1000-5-59.3 ~, 59.4. 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.-MoYed by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Assessors to follow through with the reduction for 1995-96 tax year, which reductions were in place for 1994-95: Roosevelt Savings Bank 1000-55-5-7 from $42,000 to $26,000 235 Mill Street 1001-u~-9-7 from $27,000 to $19,320 James L. Gray & Peter Gray 1000-11L~-12-2 from $18,000 to $12,000 Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wlckt~am. This resolution was duly ADOPTED. OCTOBER 3, 1995 401 5.-Moved by Justice Evans, seconded by Councilwoman Hussie, 'it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the Whole Town General Fund, Central Data Processing, 1995 Budget to allocate funds for the purchase of a /~86 PC for Engineering Inspector James Richter: To: A1680.2. 400. ~0 From: A1680.2.~00.510 A1680.4.~,00. 558 5.-Vote of the Town Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. Personal Computers $ 2,790.00 AS/400 Software $ 2,575.00 PC Software rdaintenance 215.00 Board: Ayes: Justice Evans, Councilwoman Ol[va, Hussie, Councilman Uzewski, 6.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Trustee Martin Garrell to attend a one-day workshop on "Designing Stormwater Wetlands", sponsored by Cornell Cooperative Extension/Suffolk County, the USEPA, and The Peconic Estuary Program, at the Cornell Offices, Riverhead, on September 29, 1995, from 9:00 A.M. to 5:00 P.M., and the $25.00 registration fee shall be a legal charge to the Trustees' 1995 Budget; and be it FURTHER RESOLVED that the Town Board authorizes Site Plan Reviewer Robert Kassner to attend the same workshop, and the $25.00 registration fee shall be a legal charge to the Planning Board's 1995 Budget. 6.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Councilman Lizewski, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of David C. Wimpelberg, Certified Real Estate Appraiser, to conduct an appraisal on behalf of the Land Preservation Committee, at a fee of $1,000.00, on the property of John J. Koroleski, 182 Sound Avenue, Mattituck, N,Y. (Tax Map No. 1000-112-1~-9), approximately 60 acres. 7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham, This resolution was duly ADOPTED. 8.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, William rd. Beebe has made application to the Town Board of the Town of Southold to dedicate proposed highways known as Evergreen Drive and Vineyard Drive, and Drainage Area and Open Space Area and Easement 20 ft. wide on Lot No. 9, designated on a certain map entitled, "Map of The Woods at Cutchogue", situate at Cutchogue, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on March 23, 1989, as Map No. 8717; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be lald out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application, as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. 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 Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts responsibility for the two (2) street lights which were required to be installed by the developer in the subdivision of "The Woods at Cutchogue", all in accordance with the approval of Superintendent of Highways Jacobs. 9.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 10.-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 readvertlse for bids for the purchase of 500 tons of Bulk Ice Control Rock Salt for the Superintendent of Highways. 10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 11 .-Moved by Justice Evans, seconded Councilwoman Olvia, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 22, adopted on September 19, 1995, to read as follows: "RESOLVED that the Town Board of the Town of Southold hereby authorizes an expenditure not to exceed $229.00 for expenses incurred by 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." 11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.-Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1996 Budget modification to the General Fund Whole Town to provide for a donation to pay for chairs for the Adut Day Care Program: To: Revenues: A2705.40 Other Donations Appropriations: A6772.2.500.200 12.-Vote of the Town Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. $ 800.00 Program for the ..Aging, Other $ 800.00 Equipment, Chairs Board: Ayes: Justice Evans, Councilwoman Olive, Hussie, Councilman Lizewski, 13.-Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold I~ereby authorizes the Board of Southold Town Trustees to retain the services of Timothy Collins, AICP, Environmental, Planning & Land Development consultant, East Hampton, N.Y., as an Environmental Consultant to the Trustees, effective September 1, 1995, at a rate of $65.00 per hour; and be it FURTHER RESOLVED that the Supervisor Thomas Wickham be and he hereby is authorized and directed to execute an agreement between the Town of Southold and Timothy Collins, AICP, all 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 Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 1. q:=Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wlckham to execute an agreement between National Association of Drug-Free Employees, Inc. and the Town of Southold whereby NADE will provide turn-key services for drug and alcohol testing for Town employees in possession of a Commercial Drivers License who ~re covered by the Federal Highway (FHWA) regulations (OTETA), all in accordance with the approval of Town Attorney Dowd. ]4.-Vote of · the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. ]5--Moved by Councilman Townsend, seconded by Justice Evans, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspection of the premises owned by Thelma York Aanestad, and referred to as: Suffolk County Tax Map designation: District 1000, Section 27, Block 1, Lot 4, and also know as 2605 Orchard Street, Orient, New York, and thereafter prepared a written report thereon and filed in his office; and filed the same in I~is office; and WHEREAS, it was determined by the Building Inspector that the building or structure on said premises is dangerous and unsafe to the public; and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner, their agent, or other persons having an interest in said property pursuant to the provisions of Chapter 90 of the Southold Town Code; and WHEREAS, said notice required the owner of said premises within ten days from the date of service of the notice to demolish the above described building and remove all debris, and the work shall be completed within thirty (30) days thereafter; and WHEREAS. the owner of said premises has neglected to refuse to comply with the provisions of said notice within the time specified therein; and WHEREAS. a public hearing on this matter was held by this Board on the 19th day of September, 1995. recessed, and reconvened on the 3rd day of October, 1995; NOW. THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FO LLOWS: 1. That based upon the written report prepared by the Building Inspector and filed in his office, and upon evidence given by the Building Inspector at the hearing held on September 19, 1995 and October 3, 1995, this Board does hereby determine that the building or structure located on said premises is unsafe or dangerous to the public. 2. That the owner shall demolish the above described building and remove all the debris within thirty (30) days of this date, October 3, 1995. 3. That in the event that the owner shall neglect or refuse to take down and remove the structure from said premises within the time specified in the preceeding paragraph, then and in that event the Town Clerk shall advertise for bids for the removal of the building or structure on said premises and submit the same to this Board for its consideration as soon thereafter as possible. 4. That thereafter the Board shall, based upon such bids, provide for the letting of a contract for the taking down and removal of the building or structure on said premises. 5. That the cost and expenses of the taking down and removal of the building or structure on said premises shall be collected by the Town of Southold in the manner provided for in Section 90-4 of the Code of the Town of Southold. 6. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by certified mail, return receipt requested, within three (3) days of the date hereof. 15.-Vote of the Town Board: Ayes: Just ice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition of the Thelma York Aanestad unsafe building located at 2605 Orchard Street, Orlent, N.Y. 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Councilwoman Hussie, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cutchogue Fire Department to use Depot Lane and New Suffo k Road for their Halloween Parade to be held at 6:00 P.M., Tuesday, October 31, 1995, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as ~n additional insured. 17.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wlckham. This resolution was duly ADOPTED. 18.-Moved by Councilwoman Hussie, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following modification to the General Fund Whole Town, Police Department 1995 Budget to provide additional funds for the purchase of tires: To: A3120.4.100.500 Motor Vehicle Tires $ 2,931.8~, From: A3120.2.300.100 Motor Vehicle $ 2,931.94 ~8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wlckham. 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 herel~y authorizes the following modification to the General Fund Whole Town 1995 Budget to cover the 1996 maintenance agreement for the Blood Pressure Machine: To: A. k~010.k~.~,00. 7000 $ 300.00 Public Health Blood Pressure Machine 20.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Public Safety Dispatcher III John Raynor, Public Safety Dispatcher I Claude Kumjian, and Public Safety Dispatcher I James Fogarty to attend a National Communication Institute Emergency ~ledical Dispatchers training coursed on October 30, ~, 31, November I & 2, 1995, at East Hampton, N.Y., and the total tuition of $550.00 for the three individuals and the use of a Town vehicle for travel shall be a legal charge to the 1995 Budget. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. From: A.9901.9.000.00 Transfer from Other Funds $ 300.00 19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. OCTOBER 3, 7995 4O5 21.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Southold Town Substance Abuse Committee, effective October 2L[, 1995 through October 2L~, 1996, they to serve on said committee without compensation: Rory W. Simpson, Chairperson Jean W. Cochran, Past Chairperson Cynthia Kumelos, Family Service League Kathleen McKeighan-Simpson, National Clearing House Elizabeth MacNish, Quannacut Beth Dzenkowski, DARE, JAB 21.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 22.-Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town Office for Women 1995 Budget to provide the necessary funds for the installation of a telephone at the Human Resource Center: To: A,6142,L~,200,100 From: A,6142.~.~00,100 22.- Vote of the Office for Women $ 350.00 Office for Women $ 350.00 Workshops, Support Services Town Board: Ayes: Justice Evans, Councilwoman Ollva, Hussie, Councilman Lizewskl, Councilman Townsend, Councilwoman Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby agrees to accept the land owned by "The Commoners" for a purchase price of One Dollar, and authorizes the Town Attorney to make the necessary arrangements for acquisition of the land. SUPERVISOR WICKHAM: The Commoners are a group of people, who's antecedents go back to Colonial Days, 'who owned land in common in the Town at that time. That land was used for the common good of people in the Colonial period, It meant that people, for example, who weren't farmers who were teachers, or preachers, or business people, who didn't have farming properties could grow crops on this land, and use it to feed their families. It was all part of the common establishment of [hat time, and it provided a where with all ;for people, and some of the people with lower incomes, during that ColOnial and early American period. Those common holdings held by the commoners at that period have been ..handed down from one family, one generation to another, through the y~ars, and at one stage were a very. substantial part of the holdings of Southold Town. They were some of the choicest agricultural land. Over a period of years most of that land has been sold. It's been acquired by other people. Until today the only remaining portions of the land are essentially wetlands, much of it in Peconic. I think it's about twenty some acres off Indian Neck, and there are several other smaller islands of wetlands. The more important, and more valuable lands have been sold off, and I don't think it serves a productive purpose anymore. The remaining people who are still the Commoners, and who still hold annual meetings, and still who decide what to do with this property, and how it would be used. Back before World War II salt hay was taken from some of these wetlands. Now, even that ceases to have commercial value. So, the current Commoners have asked the Town, would you be prepared to accept this land, so that we don't have to continue to pay taxes, and to pay for insurance of these pieces of property? They've asked that the Town erect a small plaque on the one large twenty-five acre wetland, that commemorates the role that the Commoners have played in the Town of Southold. So, the Town by this resolution t~as agreed to essentially pay a dollar to acquire these properties, which have had a historic purpose in the Town of Southold, and to commemorate them with that plaque. 4 0 6 OCTOBER 3, 11995 23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl, Supervisor Wlckham. This resolution was duly ADOPTED. 2q.-Moved by Councilwoman Hussle, seconded by Supervisor Wickham, WHEREAS, there has been presented to the Town Board of th~ Town of Southold, on the 3rd day of October, 1995, a Local Law entitled, "A Local Law in Relation to Landfill Permit Fees by Resolution"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, October 17, 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 Landfill Permit Fees by Resolution BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-4A is hereby amended as follows: A. The fees for the issuance of permits and/or licenses for vehicles transporting refuse into any refuse disposal area maintained by the Town of Southold shall be in the amounts prescribed by the Town Board. by resolution and as amended from time lo Iime. Permits shall be issued as follows: 2. Section 48-4A(I) is hereby amended as follows: (1)(d) ¥~e fee4or the ,~u~-~f-~ resMe~Na~tfitl-~Fmit shall be such ~,~ ~s shal~m~be~by .~ ~ re~M~ion of the ~,,~' '+~,~,~ Section 48-4A(2) is hereby amended as follows: (2)(c) The ¢'~' ""'" ~'"' ~° '" ~¢ ~"~' ~ ' be .... ~ ...... P--'~Jl~e-~eee~be~t~¢ 3 reee~u[-ien or-d. he 4L Section 48-4A(3) is hereby amended as follows: · (3)(c) Thc foe4er-41~q-seuaRee-ef a guest !a~dfi!! per-mit shel! be suelq" ~~l~s~bed by 3 ~so~n ef the Seut~Tow~ ~oard; ' Section 48-4A(4) through (13)is hereby deleted in its entirety: P-erqea~t4ee-ef-~we~ellars ($2:) fer-eaeh noRoemmer-~ial vehi~e-ef-less thap-ene-~epcn=al~a6i~y--wl~i~essess no per-~i~ (5) P-er-teaC4e e-eFihir~y-<tella r-~-($~,0-_)4er-ea elo,-si ~gle-a~le-(r-uok which does net possess a-i~ermiL AP, qual-fee--ef-sixty dellare-(.$66~)Jer-each cemmeFoiaPcel~iele lra~eF~oC~ing 4i~ui~-seF~t-ic~'aete, toge~er--wiil:'~an ~Mitiena!4ee ef-~l~e cent~ ($0.O;:3-)4er-eaetq-gallen of 4i~lUi~-waete ~ieo~ar-ge~. (7) A~e-ef-~i,'~-y4ellar-s-($60.) for eac:.h commer~al eentractor's vehiole efqee~h~P,-eP, e-ler4-m, eximum grace Yehielo weigh~. (8) ARRual-fee-ef si,x-[-y~ellars ($6~-)4er-eaeta-ferm vehicfe-eC-e~e- t:en or-moro eal~aeif~y--t:r-aRet~eNiP, g agrieull-uFakwasie. OCTOBER 3, 1995 4O7 2 LI. - P-eMead:-fee-ef-si~ty de-liars ($6©~) for-eacJq-deuble~az4e4mok which does n¢-po,e-sess a per-mi~. (10) Anp~al fee e¢, b,vo hu,q~md twenty dollars ~-~-,~¢°°n ~ foF-eael~ eingle~q~e-vehi~e4r, a~qspoF~g soli~-was~ ~u~rbage): , (11 ) An,~Uapfee-ef b~o hu~bed-~went-y dollars~..=~,,m°°n ~ fgr-eaet~ ~em .... r~al-~e ..... 6[er' ~ velaiola of more than-o~e-~n CSF~a~t,y. (12) (13) fee ef-ei~-l~Rdr-ed del~ars ($8(;)0,)4ePeeeh commereial eentrao[or-'s deuble-ax!e-aRd/er-~Faet-or-[r~i~er-eembir~at4en o¢ mere4~an o,qe4en capaG~y= 6. Section 48-4F is hereby deleted in its entirety: II. This Local Law shall take effect upon filing with the Secretary of State. * Undeline represents additions. ** Understrike represents deletions. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have several more resolutions, but it's five o'clock, and that's the time of our first pubic hearing. Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:00 P.M.¢ for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Meetincj reconvened at 5:10 P.M. SUPERVISOR WICKHAM: We'll go back to the resolutions, that are on our agenda starting with number 25. 25.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the Town of Southold and Linda Knoernschild for the Fall 1995 Recreation Program - Teen Nights, at $16.00 per hour, all in accordance with the approval of Town Attorney Dowd. 25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 26.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Data Control Supervisor Jeanne Ruland and Senior Accountant John Cushman to attend IBM's Next Ceneration Client/Server Seminar, to be held on Wednesday, October 11, 1995, from 9:00 A.M. to 12:00 P-M., at the Huntington Hilton, Huntington, N.Y., and the necessary expenses for meals and use' of a Town vehicle shall be a legal charge to the 1995 Central Data Processing Budget. 26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 27.-Moved by Councilman Townsend, seconded by Councilwoman Ollva, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 18, adopted on September 19, 1995, authorizing attendance at a conference in Connecticut, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Councilwoman Ruth D. Oliva, Senior Planner Valerie Scopaz, and Transportation Committee Chairperson Neboysha Brasich to attend American Planning Association's 1995 Northeast Region Conference, "What Works for New England - The Dynamics of Change in Our Region", on October 15, 16, and 17, 1995, at Foxwoods Resort Hotel, Ledyard, Connecticut, and the actual expenses for meals, lodging, registration and transportation shall be a legal charge to the 1995 Budget. 27.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 28.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an agreement between the County of Suffolk, Department of Public Works and the Town of Southold for the installation of traffic control devices at County Route u~8, Middle Road and Horton Lane, Southold, all in accordance with the approval of the Town Attorney. 28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: Joe, did you want to add anything at this stage? COUNCILMAN TOWNSEND: Actually, discussions on this, from time to time this particular item has been approached, and there's always some hesitancy because of the issue that Mr. Winters brought up that they're concerned about, you know, what could happen to Route 48, if it became a series of stop lights like the Sunrise Highway. Everybody is familiar with that kind of thing. We have a large body of fast moving traffic, and areas of slow moving traffic moving through it. Clearly in this instance, it's been shown without a doubt that a light is necessary, or some other form of traffic rerouting, which doesn't appear to be possible. So, what we had discussed was perhaps looking at this intersection, and other intersections, and seeing if there isn't something we can do that emulate that process, and make it possible not to have lights up and down Route 48. I hope to do that in the future, because it's certainly nice to have an express route, but as we discussed there have been too many instances at this spot, and public safety is served by a light in that area. That's all I have to say. 40 9 OCTOE~ER 3, 1995 29.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southotd hereby engages the services of Charles Voorhis ~, Associates, Inc., at a fee not to exceed $1,000.00, to provide professional environmental plannin9 services with regard to the Town property at 4995 Main Road, Laurel, SCTM#1000-125-1-12, under consideration for the location of a YMCA recreation facility on a 2-3 acre portion of the 11.5 acre parcel of land; services to be provided are in accordance with the September 28, 1995 proposal for Environmental Planning Services by Charles Voorhis & Associates, Inc. 29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussle, Councilman Lizewski. This resolution was duly ADOPTED. 30.-Moved by Supervisor Wickham, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Jonathan Rosner as Special Counsel to the Town to defend the Town in the matter of The Village of Greenport and Mayor David E. Kapell, Individually and on Behalf of Greenport vs. The Town of Southold, the Members of the Town Board of the Town of Southod, The Southo d Town Police Department, Stanley Droskoski, as Chief of the Southold Town Police Department, the Southold Town Police Benevolent Association and James A. Ginas, as President of the Southold Town Police Benevolent Association. 30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman TOwnsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I have a brief statement I'd ike to read on this, that I've discussed with the Board. It's really a statement of the Board, not just of me. The ToWn of Southold was served with the papers that were set in motion when David Kapell ed the Greenport Village Board in alleging that Southold is not providing adequate police protection with the Village. On behalf of the Town, I categorically reject the allegation. We have provided an effective police presence in Greenport equal to or stronger that that throughout the Town and we will continue to. We will fight this action and we will win it. The example of other villages in New York State that have turned over police duties to towns is relevant. Many of them have felt exposed once they no longer controlled their own force. Some have contracted with the town for the level of police service they want. I am not surprised with the expressions of concern, despite the fact that for almost one year Greenport officials and residents have praised the police protection the Town has' provided in the Village. This legal action, instituted by Greenport, is the result of a hasty decision by David Kapell and the Village Board. it could easily have been avoided. David Kapell made no serious effort to meet with us to discuss the issue before committing to sue the Town. This action of David Kapell and his board will cost the taxpayers of both Greenport Village and Southold Town substantial amounts of money. It will not strengthen police protection. It will impede the communication between the Village and the Town on this and other matters of mutual importance that I have attempted to sustain. It is an unwarranted, costly mistake brought about by a precipitous action. SUPERVISOR WICKHAM: Number 31 is a resolution to take up the matter of the flea markets, that we had a public hearing for, but in view of the comments by the Planning Department I'm not sure l~m prepared to move ahead with that, Does any Board member want to comment on this? COUNCILMAN TOWNSEND: Basically what I read was that they were in favor of more further study. Apparently, there was concern that we need a definition of one. Right now we don't have a definition of one, (tape change.) Since we have a difference of opinion we should discuss it. COUNCILWOMAN HUSSIE: This is not unlike the farm stand issue. You know, we want a definition thereto. We're just looking for a definition at this time. COUNCILMAN TOWNSEND: in my opinion it is different. JUSTICE EVANS: Let's laold it, and discuss it at the next meeting. SUPERVISOR WICKHAM: Let's hold this number 31. 32.-Moved by Councilwoman Ollva, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the Bth day of September, 1995, a Local Law entitled, "A Local Law in' Relation to Architectural Review Committee"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for recommendations and reports; and WHEREAS, the Town Board held a public bearing on this Local Law on the 3rd day of October, 1995, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Loca Law No. 20 - 1995, "A Local Law in Relation to Architectural Review Committee", which reads as follows: LOCAL LAW NO. 20 - 1995 A Local Law in Relation to 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 Southold 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 poss|ble, the members of the Committee shall be appointed from the following categories: two members shall be architects or landscape architects, on 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 member shall vary and shall sit only on the site plans which are proposed in their hamlet. The hamlet members shall be from the following areas: two from Fishers Island, two from Orient/East Mar|on/Greenport, two from Southold/Peconic, two from New Suffolk/Cutcho~2ue, two from Mattltuck/Laurel. I1. This Local Law shall take effect upon filing with the Secretary of State. Underline represents additions. Evans, Councilwoman Oliva, No: Councilwoman Hussie, 32.- Vote of the Town Board: Ayes: Justice Councilman Townsend, Supervisor 'Wickham. Councilman Lizewski. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: That completes the resolutions that are on our agenda this afternoon. Now, is an opportunity for members of the audience to address the Board on any matter that's on their mind. Please keep your comments to a brief short time, so that everyone will have an opportunity to speak. Our guidelines call for a maximum of five minutes per person, Would anyone like to address the Board? GERARD GORHAM: Gerard Gotham, Southold. Are we going to have a referendum on the YMCA? SUPERVISOR WICKHAM: The question is, are we going to have a referendum on the YMCA? I haven't heard any initiative on the Town Board to put that machinery in motion. It's too late, now, to have a referendum in this November's election in any event. Further, the Town Board has already by resolution offered a portion of a piece of property to the YMCA for a facility in that area contingent on their raising funds for it. Would anyone else like to address the Board? VIOLA CROSS: I'm Viola Cross from the First Baptist Church in Cutchogue. On behalf of our pastor ..Reverend Fulford, who could not be here today, and the members of the First Baptist Church of Cutchogue, I am speaking for the membership. I would like to address the issue in the Suffolk Life, that stated, it was by one of the Councilmen, I have to wonder if the church is being used by the Republicans, as a political tool against the YMCA. It also went on to say, I hope the church doesn't get caught in a political battle. We want it to be known, Mr. Councilman, and anyone else, r~that believe that statement, no political party, Republican or otherwise, ~/~will ever have any influence over the First Baptist Church of Cutchogue. The only person that will eYer will have any power, or influence, over our church will be God in the person of the Holy Spirit. We don't have to get involved in politics. We have God, and we will keep the faith. Reverend Fulford also will address this at a later time. COUNCILMAN TOWNSEND: I'm sorry. I'd llke to take this moment to apologize for that statement. I think, you know, sometimes in the heat of campaigns, and these times of year, when you're involved in a series of hot issues, you tend to say things you probably shouldn't say, and believe things that maybe aren't true. As that issue came up, and I think the writer here, he asked me if I thought that was a question, that was a possibility? I don't think I volunteered information, and I think he'll confirm that. When you came in, your attorney, who I consider a friend, but also a former official of the Republican Party, I think I framed it in that context. Well, I guess it's not outside the possibility, because the attorney that represented them, as an official of the Republic Club, or was. That was out of line, and I shouldn't have said it publicly, and I don't have any reason to believe that you're not telling the truth, so, if you'll accept my apology, as I offered, I'd be very grateful. SUPERVISOR WICKHAM: Would anyone else like to address the Board this afternoon? Yes, sir? RICHARD WINTERS: Richard Winters, again, Horton's Lane, Southold. I want to thank the Board, and Supervisor Wickham, for supporting the resolution regarding the light at Route it8, and Horton's Lane, and I would llke to express my support of the Board's position on the matter of the lawsuit with the Village of Greenport, David Kapell, etc. Your comments were well put, and certainly have my support. SUPERVISOR WICKHAM: afternoon? Anyone' else like to address the Board this RON YEDLOUTSCHNIG: Ron Yedloutschnig from Southold. The last several Board meetings we've had discussion on the TDR Program, and at the last Work Session you had quite a lengthy discussion on it, on proposals, and what can be done for the Southold TDR Program. I was wondering, is there anything new, or anything going on with that now? SUPERVISOR WICKHAM: At the last session of the Town Board, two weeks ago, we felt that there were serious problems that needed to be addressed. They were brought out by the majority report, and the minority report. We thought that perhaps they could be encapsulated in about half a dozen issues. There are roughly half a dozen issues, that were contentious, that hadn't been resolved. We asked to frame the debate among those five or six issues, and have statements in writing, that reflected both sides of those five or six issues. Town Board members were going to contribute their views to it, and it was my understanding that our Senior Planner was going to collate this information, and present a brief, not a lengthy treatise, but just a very brief paper, outlining in just a few paragraphs the pros and cons on each of the five or six issues, that seem to be at the heart of the controversy on this TDR. When we get that information I expect the Board will take it up, we'll have further discussion, but this time we'll have more focus to our discussion with these papers in front of us. Maybe Joe would like to add to that, or any Board member: COUNCILMAN TOWNSEND: I think we also discussed that the Board members would look at it individually, and also come up with possibilities, you know for the next meeting. RON YEDLOUTSCHNIG: You'll have a special working session? SUPERVISOR WICKHAM: It will probably be during the planning and zoning section of a Work Session at a subsequent Town Board meeting, perhaps the next Town Board meeting, which will be two weeks from today. RON YEDLOUTSCHNIG: Okay. The list, Mr. Townsend, that you had supposedly written on the back of something, a list of participants that may review the TDR Program, has that been updated? Has there been anything done with that? COUNCILMAN TOWNSEND: We're not at that stage right now. We're stil trying to figure out what is going to go out. But, as I say, I've got a few names. I think yours is on there, as several of the people that have been here, as well as some other property owners associations. SUPERVISOR WICKHAM: Anyone else like to address the Board? JIM HICKEY: Jim Hickey, Mattituck. Something was brought to my attention, so I took a drive yesterday to Smithtown. It appears the residents over there, that have the YMCA, would love to see it disappear. The building is about the size of this room, on about a third of an acre, with a pool comparable to one that you put in the backyard in Levittown, small basketball court separating the parking lot by a four foot chain llnk fence. Have you been there? SUPERVISOR WICKHAM: Not the one in Smlthtown. JIM HICKEY Two garbage dumpster, litter all over, along the fence, looks like they finally invested in a gallon of paint. It's been there quite awhile. All these fund drives, etc., etc., where does all that money go? It's not going into that building. I think you've been hoodwinked by Mr. Fritz Trinklein. He's nothing but a high pressure salesman for the YMCA. That's all I'm going to say about that. What are you going to do about that piece of property with the First Baptist? Have you thought about it? I mean if the YMCA property is worth $800.00 an acre, what would that little quarter acre be? Why did you tell them it was full assessed valuation in the current market? Does Fritz get a bonus? I've been around awhile, and it's come to my attention, it's very obvious between World War I and the Fifties you had deplorable migrant worker labor camps out here. Some of those people built a nice little community. There is thousand of open acres out here, and in the late thirties the Town decided they'd rip a few of those homes down in that community, and stick a dump in with a fence around it, and you're hesitating to give those people that property? You gave them contaminated water, odors, rats, every other thing. That's all I have to say. SUPERVISOR WlCKHAM: Laury, did you do anymore research on the easements, and the appraisals, and all of that? TOWN ATTORNEY DOWD: Yes, I gave some figures to Mr. Caminiti, the church's attorney, and he said he would get back to his clients, and discuss it with them, and tell us what was acceptable to them, but he thought the numbers that I was discussing sounded good. SUPERVISOR WICKHAM: Anyone else like to address the Board this afternoon? JEAN YEDLOUTSCHNIG: My name is Jean Yedloutschig. I live in Southold, and I'm not going to talk about TDRs today, but, Mr. Wickham, I do want to address you about one fact. I take offense, as a Southold taxpayer, when Mayor Kapell comes to our Southold Town meetings, and stands up at this podium for forty-five minutes, banging on here, I demand that the Town Board make thls decision before the night is over. Now, he is no different than I am. I'm allowed five minutes to talk when I get up. I know yoQ're very lenient, and some people go over it, and some people don't talk five minutes, but I resent the fact that you let him, as the Supervisor, come in and dominate our Southold Town meetings, because I dare say, I would be very embarrassed if I thought the Supervisor of Southold Town went to Greenport, and did that same thing. SUPERVISOR WICKHAM: I have to say, I agree with you, and I would not let it happen again. JEAN YEDLOUTSCHNIG: And from what I've been told you don't have an opportunity to speak at his meetings. Thank you very much. COUNCILMAN TOWNSEND: Tom, I'd like to address that. Quite frequently we've had people speak, rarely does Tom call people short. I mean, there are people who speak here time and time, again, and I don't think that, especially given the fact that Mayor Kapell represents a large group of people, that we'd be likely cut short, as long as he's keeping to the point. That's true of any representative. I'm not defending what he is saying. I'm just saying that, that is courtesy to a representative of a large constituency in this town. SUPERVISOR WIC.KHAM: I have to say, this is one of the more frustrating aspects of chairing a meeting, is the question of people who speak for a long time, and it's a constant problem for me to deal with that. I think it would be wise, and I'm attempting the apply the rules to everybody. Anybody else like to address the Board? Mr. Arnoff, our former Town Attorney? HARVEY ARNOFF: I just have a quick question. Why did the Town seek to go to outside counsel on the Greenport lawsuit, rather than handle it in-house? SUPERVISOR WICKHAM: We talked about that, Harvey, at some length, and there were two or three reasons. It isn't because we don't have the capability within house. HARVEY ARNOFF: It's certainly more costly. SUPERVISOR WICKHAM: Yes, it is. It's primarily because our plate is pretty full with an enormous amount of work, and this would absorb almost full-time our Town Attorney's attentions for a two week period. This is a busy two weeks. That's just the beginning, and then considerably more after that. We just didn't feel that, that was a prudent use of her resources. HARVEY ARNOFF: I didn't hear the hourly rate it's being contracted for in the resolution. I'm curious as to what that is. SUPERVISOR WICKHAM: The hourly rate depends, as you know, on the level of who the different people are in the firm. The highest one for the senior partner is over $200.00 an hour, but the people who will primarily be working on this are in the $100 to $150, some of them $175 per rate. HARVEY ARNOFF: Thank you. COUNCILMAN TOWNSEND: Our legal budget this year has been dramatically reduced from the prior year. I would like to point that out. Even though we have gone to outside counsel on certain things, or actually the budget for us for a couple of years has been stable. So, we're doing pretty well on that area. Of course, recently we had some litigation that made that go up some. SUPERVISOR WICKHAM: Would anyone else like to address the Board this afternoon? (No response.) If not, I'll turn to the Board members, whether anyone on the Board would like to make some comments. 414 otTo.ER 3, 1995 COUNCILWOMAN HUSSlE: We're into budget time, and this morning the Supervisor presented his election year budget calling for a zero percent tax increase. When we were working on the '95 budget, the one for this year, the 'ncrease was first 12%, and then it was lowered to 8%. I asked for reductions of almost $800,000 in various lines of the '95 budget. The Supervisor's response was that, that was impossible, and indeed he was working with an insurmountable shortfall from the previous administration, and we need the 8% increase. This year I find that there is an unappropriated fund balance of $2,000,000. How can this be? I looked into it, and found that while working with the '95 budget there was actually $1,300,000 available from the so called insurmountable shortfall. The Supervisor used $600,000 of that in '95 budgets, saving more than $60(~,000 for this year. In addition, over-budgeting for '95 leaves an estimated balance of another 1.1 million. So, there's almost $2,000,000 to be applied to the '96 budget. Of course, there's no increase. You paid in '95, so the Supervisor could say, there will be no tax increase in this election year. SUPERVISOR WICKHAM: I'd just like to comment that the Town Board is about to get deeply involved in the budget process. I'm not going to sit here today, and make political comments about the budget like you just heard. All I can say is, I was not anxlous to see the 8% increase in taxes we had last year. I certainly did not pad the budget, as she is suggesting asr year, so we'd have a surplus this year, and I asked the Board, and I think the Board accepted the discipline of handling 50% of the appropr!ated surplus from one year to the next, so that we don't get into this business of playing politics with the surplus. We are not playing politics. It is an objective budget. There has been no padding of the budget, as she suggested. Nevertheless, I look forward to engaging with Alice, and the rest of the Board, as we go forward to making a responsible budget for 1996. Anyone else on the Board like to make any comments? (No response.) If not, I guess we're home to dinner. Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:35 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. ~/'Judlth T. Terry Southold Town Clerk