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HomeMy WebLinkAboutTB-03/19/1996 2�3i4 SOUTHOLD TOWN BOARD MARCH 19, 1996 WORK SESSION Present: Supervisor Jean W. 'Cochran, Councilwoman Alice J. Hussie, councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evar-s; Councilman William 'D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury : L. Dowd. 9 :00 A.M. - Sara -Davison, ' Vice President and Executive Director of The Nature Conservancy, and her associate Stuart Lowrie, met with the Board to better acquaint them with Nature Conservancy and their work on Long Island and in the Town of Southold. 9:30 A.M. - The Town Board began a • review of the resolutions to be voted on at the 4:30 P.M. Regular Meeting. 9 :45 A.M. - John and Joan Callahan, and their attorney Patricia C. Moore, met with the Town Board to discuss the. Callahan's application for renewal of the Sawicki Trailer permit. (Councilman Moore excused himself from discussion due to conflict.) Mr. and Mrs. Callahan purchased . a parcel of property from the Sawicki family con- taining a potato barn, and on that same parcel there are two mobile homes, although only one was under permit .by the Town. Mr. and Mrs. Callahan are seeking to retain the trailers and obtain renewal of the trailer permit. Ms. Moore explained that the trailers are occupied by migrant workers for local vineyards, and .they had formerly worked on the Sawicki farm. The Town Board took the matter under consideration and will; 'make a decision at their April 2nd meeting. 10 : 10 A.M. -- Bill Wilson, Southampton College, , Institute for Regional Research, made a presentation to the Town Board on- conducting a survey of the Town designed to provide pivotal factual information. . The cost of the survey is approximately $5,200, and would be based upon 400 telephone interviews with a random probability sample of residents, conducted by Southampton College students supervised by faculty. 10 :40 A.M. - Mark Wagner, Cameron Engineering, met with the Town Board to review the Board's options' with regard to the decision of the Village of Greenport to discontinue staffing and 'operation of the Southold Wastewater Treatment Facility, effective April 1, 1996. (-Present during this discussion' was Rich Magill; . Doug Morris, Kevin Terry - wastewater carters, who offered insight into the problems at the plant, and offered to work with the Town to resolve the problems.) Supervisor Cochran advised the Board that she has made arrangements -. with Riverhead Town Supervisor James Stark for -the carters to take their waste to Riverhead on a temporary basis. ' She also asked for a resolution to engage 1­12M to conduct an independent evaluation of the plant (resolution no. 45) , and stated she will be working with a temporary advisory group including former Supervisor Frank Murphy, Councilman Moore, Senior Accountant Cushman, and George Desmarais of H2M. 11 :20 A.M. - Town Justice Rudolph H. Bruer met with the Town Board to discuss a replacement for the late .Peter Grattan Sr. who served as a Court Officer. The, , Town Board authorized the..Town Clerk to advertise for resumes, and Justice Bruer.; and Justice Price will draw up the criteria they would like to see for the position. 11 :35 A.M. - Senior Planner. Valerie. Scopaz met with- the Town Board to discuss an invitation to the Town to take, part in the Suffolk County Industrial 6 Commercial Incentive Board's legislative proposal to the County Legislature. The' SICECIB will be proposing,legislation whereby the Town would be able to provide partial exemption from full taxation over .a ten -year- period for new business investments ; in locally strategic industries,situated, within specified geographic areas. The Town Board . reviewed the , proposal and. agreed .it would be beneficial to invite a representative' of SIC&CIB to the April 2nd work session. Ms. Scopaz advised the Board that Villages interested, in taking part of this program are to be included within the Town's proposal, so the ' Village. of Greenport should be notified of the program. . . Supervisor Cochran• will -extend an invitation to the Village of Greenport to attend MARCH 19, 1996 235 the April 2nd work session.----Ms. Scopaz presented the Town Board with a proposed budget modification:: She explained that the anticipated revenue for the Planning Board, Environmental Consultant budget line is $5,000, however, the appropriations for this ,byd'get line- "is set at $1,000. The Planning Board has received more than ' $1 ,000 in payments for environmental review services, but the accounting office cannot "'pay`'for those services because of the $1,000 limit in the appropriations for this budget line. The Board asked Ms. Scopaz to discuss her requ.est.: with Senior Accountant- Cushman and submit a proposal for the April .2nd meeting.----Receipt. of a request from County Executive. Gaffney for the Town's plan for the 1996 - distribution, of... the 1 /4o Sales Tax (resolution 34) .----Town Board placed a resolution . (35) on the agenda to appoint two Home Health Aides.----A resolution (31) was placed on, the .agenda appointing a part-time Data Entry Clerk for Police Headquarters.-=--A resolution was placed on the agenda (36) appointing. part-time Public Safety ;._Dispatchers.----The Town. Board reviewed the membe"rship of the Agricultural Advisory." Committee. Appointments of several expired-in August, 1995. A resolution (37) was placed on the agenda to reappoint four of the members whose terms expired .in 1995.----The Board reviewed the civil service list of eligibles for Scale Operator, and appointed. Jean M. Hogge (resolution 38) who has held a provisional appointment. ' They will interview some of the individuals on the top of the list for the purpose ,of`.filling a .remaining vacancy.—-Resolution 39 was placed on the agenda to. reappointment four. members of the Landmark Preservation Commission.----Town, Board will ;also set a date to. interview applicants for the part- time Clerk Typist position" in.-,the Supervisor's office.----A resolution (40) was 'placed on the agenda to reappoint:- seven" Transportation Committee members, and another resolution (41) to advertise -for resumes for three new members to fill the vacancies of those members who declined reappointment. 12 :40 P.M. - Recess for lunch. 1 :55 P.M. - Work Session reconvened and the Town Board agreed to the establishment of - a Capital Project (resolution 44) for the purchase of a Human Services Van.----The ..,Board discussed a letter from County Legislator Michael Caracciolo who advised' that several legislators are considering the introduction of legislation that would . require towns to provide 10o in town matching funds for dredging of local waterways. The Board agreed that Mr. Caracciolo should be informed the Town would:like to go. on record opposing such legislation.----Executive, Administrator James ." McMahon met with the Town Board to request permission for , the placement of an', advertisement in the newspaper announcing new applications. for the 1996 Southold Town Affordable Housing Program (resolution 43) . . Mr. McMahon said he is in need of a list of applicants for the Elijah Lane project.---- Correspondence from*, Cablevision concerning the Town's franchise agreement with that company. The;-Board .agr.eed ,to hold this matter for further information.--- Letter from the Independent Legal Committee of Pebble Beach Farms concerning a resolution adopted by the Town Board on December 27, 1995 approving amendments to the bylaws of -the Pebble`".Beach Farms Lot Owners Association, Inc. , and•.ques= tioning the Town Board's right , to do so. A response will be sent to the committee stating. the . Board approved the proposed amendments by appropriate resolution, and if additional approvals are required, such as the association membership, it is a matter separate and distinct , from the Town Board's action.----Letter from County Legislator Caracciolo transmitting a draft resolution authorizing, empowering, and directing the County Department of Law to acquire fee title to property in the; Town of Southold under the 1 /4o Drinking Water Protection Program. He asked whether the Town Board approved or disapproved the proposal. A response will be sent to Mr. Caracciolo informing. him the 'Town Board approves the content of the. proposed County Legislature resolution.----The Board reviewed the applications . under the Towns. Grants Program, and placed a resolution (46) on the agenda to award grants to some of the applicants. This matter will be placed on the April 2nd work session for a review, of the remaining applicants. EXECUTIVE SESSION On motion of Councilwoman Hussie, seconded by Supervisor Cochran, it was Resolved that the Town Board enter into Executive Session to discuss personnel, litigation, and attorney-client privilege- matters., Vote of the Board: Ayes: Supervisor- Cochran-, Councilwoman Hussie; Councilman :Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present:. Town Clerk Terry, Town Attorney Dowd.=-- During this Executive Session a resolution (47) was put on the agenda to hire Erick Heins, Stephen Ryan, and Raymond Van Etten as Police Officers. 4 :00 P.M. - Work Session adjourned. 236 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on March 19, 1996, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J.' 'Hussie Councilman Joseph L. Townsend, Jr. lqb Councilwoman Ruth D. Oliva Justice, Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN:_'. This past week we had one of our Town employees pass away.. He was a - Court Officer, Traffic Control, helped us at our beaches. He, was a .loyal, and true employee of the Town of Southold. At this time,, l would like to ask for a moment of silence. Please bow your head;•., and remember Pete Grattan, and how he served the community. Amen: Thank''you. -We'll begin with the approve of the audit of bills of March 19,' 1996. May I have a motion? Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the, following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $237,718.11; General Fund Part Town, bills in .the amount of $9,169.21; Highway Fund .Whole Town bills in the amount of $211786.49; Highway Fund Part Town bills in the amount of $22,133.74;. Ag Land Development Rights bills in the . amount of $13,435.75; Fisher Island .Metal Dump Capital bills in the amount of $3,840.78; - Employ.ee:.„`Health Benefit Plan bills in the amount of $31,416.18; E-W Fire Protection District bills in the amount of $157,500.00; Fishers Island , Ferry District bills in the amount of $50,400.21; Refuse and -Garbage District bills in the amount of $66,627.61; Southold Wastewater District ` bllls� in the amount of $3,424.13; Fishers Island Sewer District bills in the •amount of $914.17; Southold Agency and Trust bills in the amount of $770.'58. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, ; Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution' was duly ADOPTED. COUNCILWOMAN COCHRAN: Approval of the minutes of March 5, 1996. Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the March 5,' 1996, Town Board meeting be and hereby is approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, .seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M:, Tuesday, April 2, 1996, at the Southold Town Hall, Southold, New York. Vote of the Town . Board: :Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: As you can see we have a public hearing scheduled at 5:00 P.M.—on a "Local Law in Relation to Environmental Quality Review", so . no. matter what point we are in business we will stop and adjourn to hold the hearing. i"MARCH 19, 1996 ; 37 I . REPORTS. SUPERVISOR COCHRAN:. As you see from your agenda reports have been filed for the month. These are on file in the Town Clerk's Office, and if you're interested in any -of them, you certainly are more than welcome to come into the Town Hall and request them. 1 . Southold Town Planning Board Monthly Report for February, '1996. 2. Southold Town Justice Bruer's Monthly Court Report for February, 1996. 3. Lawrence Healthcare Town Claim Analysis for the month of February, 1996 4. Lawrence , - Healthcare' PBA Claim Analysis for the month of February, 1996. _ S. Southold Town Justice Evans' Monthly Court Report for February, 1996. 6. Southold Town Justice Price's Monthly Court Report for February, 1996. 7. Southold Town Program for the Disabled Events Program for January, 1996. 8. Southold Town Program- for the Disabled Events Program for February, 1996. 9. Southold Town Investigator's Monthly Report for February, 1996.. 10. Southold Town Board of Trustees' Monthly Report for February, 1996. 11 . Southold Town Police Department Monthly Report for February, 1996. 12. Southold Town Recreation Department Monthly Report for February, 1996. ll . PUBLIC NOTICES. SUPERVISOR COCH.RAN: We have public notices, and communications. 1 . US Army, .Corp of Engineers, New York District, application of Suffolk County Department of Public Works to dredge with ten years maintenance and beach nourishment at Deep Hole Creek, Mattituck, New York. Comments. to be received by April 5, 1996. 2. New York State Department of Environmental Conservation, notice of Complete Application 'by, Mariculture Technologies, Inc, who proposes to develop a commercial aquaculture operation for the production of summer flounder, including ' construction of a hatchery facility and 1/4 acre open net pens at Clark's Beach, County Road 48, . Town of Southold, New York. Comments to be received by April 26, 1996. 3. State Environmental Quality Review Notice of Completion of Draft GEIS and Hearing for the. proposed Suffolk County Golf Course Proposal, developing additional' County golf course facilities that are environmentally sensitive throughout Suffolk County owned property. Comments to be received by April 8, 1996. 4. Southold Town's Developmentally Disabled Recreation Program for the months March through June events for 1996. III . COMMUNICATIONS. 1 . New York - State . Department of Environmental Conservation, Division of Solid & • Hazardous Materials in regard to Southold Final Comprehensive Solid Waste Management Plan. 2. James R. Stark, Riverhead Town Supervisor in appreciation of their support with the E911 Program, -and John Raynor's efforts. 3. Thomas , D. Dinackus, in support of the American Armoured Foundation, Inc. in Mattituck. 4. Pamela Burford, Director of Special Projects for the Long Island Railroad in regard ..to Long Island Railroad East Side Access Project. IV. PUBLIC HEARINGS. . 1 . 5:00 P.M., on a proposed "Local Law in Relation to Environmental Quality Review". ' 238 MARCH 19, 1996 V. RESOLUTIONS. SUPERVISOR COCHRAN:':.We .go' on to discussions items we had during the day. We had a full schedule today, but we were fortunate in that we took most of the business, and was able to complete it. It's difficult when the meetings at 4:30, so we kind of push ourselves along, but everything was taken care of. Resolutions, * I would like to share with you that before resolutions, if there ! ,any resolution on the agenda that you are interested in speaking to, . addressing to the Town Board, that now is the time. If you had the opportunity to look down through the resolutions, and would like Ito speak on ;any .of the resolutions it's now. Later on at the end of the Meeting , you will also have the opportunity to address the Town Board on any given topic, that you would like to over and above the resolutions. Ed' Siegmann? ED SIECMANN: Ed Si egmann from Mattituck. I'd like to discuss 47, resolution 47, the hiring of the four police officers. Is the Court case settled that you were waiting for on' that? SUPERVISOR COCHRAN: Not yet, no. ED SIECMANN: I'd like to make a suggestion. I understand, according to the paper, you budgeted for four or five police officers? SUPERVISOR COCHRAN:. Five. We have one that's just retired, that` we would replace, so that gives us a total of six. ED SIECMANN: I'd like ..to make a suggestion for what's it's worth. If everybody is serious ,about this problem with hiring, I would suggest that you reach an agreement: with Heins, with yourselves, and whoever it's necessary to reach an, agreement. Civil Service, 1 assume, would be another one. That you ; appoint the officers, that are needed in town, and you hold off on Heins,._ even if it cost back pay, when the thing is finally settled. I real ly•,had: ;no feeling one way, or another on this, until I read last Thursday's newspaper, that came out, the Traveler-Watchman,, ,and The Suffolk .Times,' and with the record that it shows in there I can well understand why some people were trying to protect the town from putting somebody on the force who possibly doesn't belong there. I don't. know whether he does, or he doesn't, but if anything were true of what was read in the paper I can only say I feel you're leaving yourself open for some problems, that you might not need. It's a shame that some of the people on the Board were criticized so much about not being willing to go ahead, and hire straight down the line, because I can see from what I read in the newspapers that they were trying to see to it, that the proper people can be put on the police force. I think most of the -people in the town feel the same way, and if an agreement could be reached to do according to what I'm suggesting, it would solve the problem both: ways until the law, and until the courts were finished with their :,decision, or - until Civil Service was finished with their decision,: the _person would. not be on the police force. If , it was ruled in 'the final.'anal.ysis, ,that he should have been on, I think' it would be better to. pay- back pay at' that time, than to put someone on, that you have doubts whether he should be there or not. SUPERVISOR COCHRAN: Thank you for your comments, Ed. COUNCILMAN TOWNSEND: Can I respond to that? Mr. Siegman, don't think that would be possible. A mean, it would be possible if the officer in question agreed , to it, but Civil Service will not allow that. We know that. So, unfortunately I don't think that's going to happen. We had discussed that among ourselves before, the very proposal that you're talking about. .. One of the. things that has concerned us is there are two issues here. One thing 'is there is a critical shortage, or what has been presented to us as critical shortage, and. I have no reason to doubt it, a critical shortage of policemen, and then you have the issues relative to Mr. Heins, and what's fair, and what isn't, you know. The problem is that they're confused. Both of them are joined, they're merged. There is this resolution on the agenda' to appoint Heins and Ryan, who are listed on the preferred list. We're required %Ao hire them before hiring anybody else. This is on the agenda, and .today I came up with another proposal; that I think addresses the PBA's concern. The PBA has quite MARCH 19, 1996 289 eloquently, and on many occasions said that we have shortage, and we have to address it. I. have to present it in this form, because I think after the vote. I may well,,not have another opportunnLy, so I'd like to do it now. I'll give you an outline. It's the PBA Southold Town Interim Proposal for the alleviation' of police personnel shortage. The PBA has made the Town Board aware 'of the urgent need for police staffing. We are prevented by Civil Service requirements, and litigation. The contract allows hiring of part-time officers.. SUPERVISOR COCHRAN: Excuse me, •Councilman Townsend. May I just remind you that this was Executive Session that this was discussed? COUNCILMAN TOWNSEND: It was discussed in Executive Session, but we went into it as something that we had to go into Executive Session. SUPERVISOR COCHRAN: You presented it to us in Executive Session. COUNCILMAN TOWNSEND: So what? SUPERVISOR COCHRAN: Co ahead. I just want the record to show, I think he's out of line. COUNCILMAN TOWNSEND; Laury, do you think this is a problem? TOWN ATTORNEY DOWD: You said you discussed this with our Labor Counsel? COUNCILMAN TOWNSEND: Yes. 1• discussed the wording to avoid this issue. TOWN ATTORNEY DOWD: You're presenting it at a Town Board before talking to the. Union about,, it, because that's where. I think you'll run into a problem. You had . raised this as something you wanted to bring to the Union. COUNCILMAN TOWNSEND: I do. TOWN ATTORNEY DOWD: Great. You should bring it to the Union before you bring it to the public. COUNCILMAN TOWNSEND: I suppose. but we have it on the agenda. If you don't bring it to the meeting, how you going to. . . TOWN ATTORNEY DOWD: I admit you run out of time, because it came along a little late, but I : think you're going to run into problems similar to the ones we spoke about last week. COUNCILMAN TOWNSEND: I. don't know, basically it doesn't it's a proposal, but I don't' see it .relates to the. . I think it's a solution that would help. Unfortunately we got advise from the Town Counsel, that can't bring it up, and I'm afraid that I'll never be able to bring it up at this point, so I guess I won't. I'm not sure that's the case. TOWN ATTORNEY DOWD: I think you could bring it up afterwards, Joe. SUPERVISOR COCHRAN: Laury, are you ruling that it is out of order? TOWN ATTORNEY DOWD: I'm not ruling it out of order. I'm just saying that. . SUPERVISOR COCHRAN: You're giving us advise that it is? TOWN ATTORNEY DOWD: Yes, it could create a problem. SUPERVISOR. COCHRAN: Thank you. What I would like to share with you, Ed,r is the fact that when you have a preferred list, that's the only place you can hire. It's been, in order, to get to an open list, it's been a year and a half. I We have two and a half years before this list expires, so we have two and a half 'years of looking at the same problems of shortage of police officers. I think right now we're operating with thirteen. Even if, at this point, we were able to go, and hire from the 240 MARCH 19, 1996 open list, there isn't even a training session until August, so this is going to be a serious problem in the summer. Plus until this list expires there is no other direction that we can go. So, I feel, as Supervisor of Southold Town, that I have -the responsibility for the health, safety, and welfare of the people in : the. community. I think it has gotten to the point where we have. to`.<make , a decision.. Those that choose to vote against this resolution may'.do so. Those that choose to support it may do so. 1_ put it on, because I.. feel it's time that we come to a conclusion. It's been one delay after another for a year and a half. ED SIEGMANN: I think .you misunderstood what I said. SUPERVISOR COCHRAN: I'll let you come back., Ed. Officer Tirelli7 VINNIE TIRELLI, JR. : . My name is Vinnie Tirelli, Jr. I'm President of Southold Town PBA. John Sinning was my partner-about a week and a half ago. At approximately 5:55 A.M. we responded to a domestic disturbance. While apprehending a man, who had threatened his wife, -we were both injured, as was the suspect. Treated at a local hospital. As a result • of our injuries John will miss approximately six weeks of work. I've been informed by my doctor at three o'clock today, I'll be out for another week,'to' 'ten days at least. Pending an MRI, I may need surgery. On Thursday, March. 14.th, two more officers were injured while subduing a man who attacked one of our officers for no reason. Luckily in this case the injuries were relatively minor, except for the fact that one of the . officers was bitten on the finger resulting in an open wound. We all know, with the age of hepatitis, all the garbage that's going around,' these: days;' :we may never know what disease this man has, because we• cant' 'get a blood test without his approval. Mr. Townsend you stated that 'we need seasonal part-time officers. Seasonal officers are hired from • May. until September. Every major incident that have ever been involved `int . in my. ten years as a police officer, have been between the months .of :September and May, not during the summer. I've had homicides. I've have murder suicides. I've had hostage situation. We had a shooting in Mattituck a . couple of weeks ago. Seasonals are not the answer. We need a- full-time' professional-, strong police force. It's ridiculous that we diminished to what we have. I'm hoping you're going to vote the right way "on #47. ' It's getting out of hand. We now have fourteen active police officers. One rumor 1 want to squelch before the vote, because I may be addressing you after the vote. There's a rumor going around started by Tom Wickham last year, that said, nobody in PBA wanted to work with Eric Heins. It's a lie, an outright lie. I mean it's an untruth. It's . not .,an .misinformation. It's a lie, because nobody on the PBA was' ever asked by. anyone, whether or not they wanted to work with this ,man by' Tom.-Wickham. I've been Vice-President for four years. -1 was-..,never- .approached. Jamie Ginas, who was President,' was never approached. So, 'if, that is what is holding people up, that we don't want to work with hi,m, ,- knock it out of your heads. That's just a plain out lie. I can't-.tell enough how much of a lie that is. I'm just hoping you'll vote .the '.right: way, ..and hire him. You'll make our jobs a little bit easier. I think`it will be a lot safer. Thank you. SUPERVISOR COCHRAN: Ladies and gentlemen, I would appreciate no demonstrations. Okay?.•..Let's just move this. along in an orderly fashion. Thank you. Mr. Carlin? . FRANK CARLIR: Frank Carlin, Laurel. I said this once before, and I'll say it again. You.'hired last year a lawyer from Mineola, who in turn hired an investigator to investigate Mr. Heins. He found nothing wrong. He found nothing that was negative. Everything was positive on this man. The Grand Jury went through the whole case, and found that there were no charges against the man, so I don't understand what the argument is here, because a newspaper comes out, and says things. They must have reviewed. all those facts. There were no charges against the man. I'm going to.I keep' 'mine short tonight. I might have something to say later, or somebody else might want to speak, but this is it. It's all hearsay. I said it last :time. It's all hearsay. In my opinion it's all hearsay. You're innocent'until 'proven guilty. I don't think this man has ever been proven' guilty on anything. Thank you. MARCH 19, 1996 241 SUPERVISOR COCHRAN: Thank . you, Mr. ; Carlin, for your comments. Is there anyone else over on this side, that would like to address the Board? Is there anyone in the middle? Yes, ma'am? Please, state your name. JUDY WHITTINGTON: My name is Judy Whittington. I'm here as a Southold resident. What. I have to say .is, that we've all heard all the negatives on Eric Heins.. His name. has been more than dragged through the mud in Southold Town.. , Having said, that the allegations, as Mr. Carlin and other people have said, the allegations; not the crimes, not the convictions, are out. of line. I ' would venture to say that there probably could be volumes written on Eric Heins on the positive side. All the things he's done as a police officer as he served Creenport Village. That we never hear about. You never hear any of that stuff. know Eric on a professional level. I've worked with him in the past. Knowing him that ,way I would say that Eric Heins would be a -credit to our Southold Police Force, as I think many of the police officers on Southold Police Department right now feel. I implore the Board, . please, hire Eric Heins now. . I "haven't listened to that many town meetings. I've only spoken at one of them: 'That was at the abolition of Creenport Village Police Department,: but I think there's another victim here, that nobody has spoken about. There have never been allegations against Steve Ryan, and Steve Ryan still is without a job, and not supporting his family. Hire Eric Heins. Hire Steve Ryan. They're good police officers. SUPERVISOR COCHRAN: : "Thank you. Anyone else from the center? If not, we'll move over to this side. Is there anyone that would like to address the Board? Yes, sir? PHIL VANBOURCONDIEIV: My name is Phil VanBourgondien, Southold. I completely agree with -the gentleman before. As long as the courts have not ruled on this Civil Service part of it, why are you in such a big hurry for the sake of''a few more "weeks? You stated before, that you waited, and it's been going on and on. Is there any big rush now, that you can't wait a few more weeks. I think this is just a hurry-up, and when I look at the statement made by Mayor Kapell in the paper of the charges, and so, which have never been proven. I'm perfectly in agreement .wi"th that, and it reads like a storybook. But the point that I'm trying to make is that this particular gentleman has lawsuits going on all over ._the place, and with a resume like that I wonder what he'll be like 'if he ;were hired in the police department. If he gets hurt he'll be suing the Town Board for being hurt. He's suing Eastern Long Island Hospital. He's suing the Trustees of Creenport. He's suing the County Civil Service Department of Suffolk County. He's suing the Town Hall and former Supervisor. This is nothing but lawsuits going on, and when Mr. Kapell comes „out, and says all these things that he had done while he was on` the police force,: which haven't been proven, why are you in such a big 'hurry? " Why can't you wait a little bit longer? You made the statement that he's a great officer, Mrs. Cochran. He's not been proven guilty,.-, but look at his resume to date. Are there any assurances, that you aren't going to be loaded with a flood of lawsuits, if lie were hired? Another thing I would like to say is, I read the paper regularly. I've been away a good "part of the time, and everybody has a right to speak out in this world. This is what the United States is about. I'm frankly a little tired "of reading -in letters to the editor in the papers all the time, the PBA ' crying about one thing or another. I never have opened the paper but what Mr. Tirelli and the PBA hasn't got something to say. If he wants to speak as an individual, he can speak as an individual. Why does the PBA have to be in there? It just goes on, and on, and on. I'm a little tired of it. I'm sorry, but think that I've done a lot of research into what the police departments in other parts of the country are doing, and what they're paid, and the risks that they take, and I don't think that things are so bad in Southold Police Department as they make it out to be. Thank you. SUPERVISOR COCHRAN: Thank you. JUSTICE EVANS:. Jean, .can I address two of those issues? 242MARCH 19, 1996 SUPERVISOR COCHRAN: , I want to respond, because most of his conversation was directed at me. I have not said that Eric Heins is a great officer. I have said that, he is a good officer, and that he served Greenport well for eight years.. He is a good police officer. I have absolutely no guarantee, no matter which way the court case goes, that there will, or not be, law suits. There could very well be no matter which way it goes. Anyone can sue the town, does not mean that they win. ._Everybody has the right to. sue. You can walk down the sidewalk here out front, and stub your toe, and fall and break a leg. You can sue the" " town, so I don't think, you know, that only policemen sue. Okay, and I don't answer for the PBA. If you have questions, that you would .like answered as to. why they have letters in the newspaper each week, would suggest that you talk to Mr.- Tirelli? Okay? Thank you. Louisa? JUSTICE EVANS: One of them as on what you said that it's every citizen's right to ,bring .a lawsuit,' and who's to say who's right—or wrong until that lawsuits over, whatever they judge? It's nothing we can take into consideration, when we hire .someone, the fact that they have a suit against us, or someone . else. It's that citizen's right to bring that suit, and have his day; . or her day in court, but I also want to. .everyone keeps saying that he., has not been convicted of a crime, and I'll be the first to agree with. that.. .' He wasn't charged with any crime. But, that's not the standard we're .looking at, whether he's charged with a crime. It's whether we feel behavior was fit for an officer, or not fit for an officer, and there's a difference there. SUPERVISOR COCHRAN: Thank you, Louisa. Is there anyone else from this side of the . room, that would like to address the Board on this resolution to hire Heins, Ryan, and VanEtten? Okay, I'll come back to you, Mr. Siegmann. ED SIEGMANN: What I had to say, I passed no judgement on Heins. I don't know whether Heins is guilty or he's not guilty, but I do feel that since it's in court, that if,-the PBA is honest about it, if the Civil Service is honest about it, if Heins is honest about it, and if you people are honest, about .it, there's no reason in the world that an agreement shouldn't be reached, that you hire the rest of the people. know you need the police department. We know that there's shortage there. -`I don't argue about a .shortage, but I'm saying, that as long as the case is in court, F think Heins should be satisfied, if you make an agreement that says, if. he .wins he gets back pay, this will satisfy both sides, because if you have the money in the budget for it. The money is there to pay him, if he wins his case. Thank you. SUPERVISOR COCHRAN: Thank you, Ed. Anyone else like to address the Board on this resolution? TONI ANN SINNING: ':My name- is Toni Ann Sinning, and I would' just briefly like to say, that. putting this off for another two weeks is a total dis-service to the community. This needs to be dealt with now. Mr. Heins and his family .come here •each week. I think that shows a total strength of character. in .which. I ' think would be very, very much needed in a police officer. My husband is. unable to work, unable to do things at home, because of his job, which is part of his job, but with that his co-workers, friends of mine, are put in a position where they are at a shortage, and we disparately need police officers. It can not wait another two weeks. Another, two weeks will be another two weeks. It's been four weeks since I first started coming here, and Heins more than that, so we're going on.; and we're going -on, and nothing is being done. Let Mr. Heins work. Let him prove himself on his own merit. If he does something wrong then. it will be brought up, but we are taking steps backwards, when we need to move forward. SUPERVISOR COCHRAN: Is there anyone else? Some people have come in since we started... Is there .anyone else that wants the opportunity to address the Town Board? Any Board members? Would you like to express anything at this time? Joe? Ruth? Bill? COUNCILWOMAN HUSSIE:' On this particular thing? SUPERVISOR COCHRAN: Yes. MARCH 19, 1996 �443 COUNCILWOMAN HUSSIE: Do you want me to say it now instead of saying it later? SUPERVISOR COCHRAN:. You can take your choice. You can say it at the j time of the resolution, or you can say it now. It's your choice. i COUNCILWOMAN HUSSIE: Well, since we're all talking about #47, the premise upon which. the Creenport Police Department was disbanded was that it was such 'a , terrible group of people, that they couldn't possible do anything about ;: If; you were to listen to the Mayor's last editorial, or media .. push; It .was all one person's fault. That seems ridiculous. I don't think that we can follow anything, unfortunately that we read in the paper, 'that was written by that man. He is just taking the facts and turning them around. There are no facts here. There are lots of allocations. There are lots of rumors, and we can hardl-y-_ as a Board deal with something susceptive having to deal with rumors, and allocations. That's all I wanted to say. SUPERVISOR COCHRAN: We have another minute of so? Does anyone want to speak on any of the other resolutions, other than this one? Now is your time. (No response.) Rescinded April 2, 1996 b Resolution #15 1 .- Moved by Councilwoman' Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Data Control Supervisor Jeanne Ruland to attend a meeting of the DP/MIS Management of Suffolk County Towns, at the Town of Brookhaven, on Wednesday, March 27, 1996, beginning at 9:30 A.M. , and the necessary expenses for. lunch, and mileage for travel shall be a legal charge to the 1996 Central Data Processing Budget. 1 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva; Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the. Town Board of the Town of Southold hereby rescinds resolution no. 8, adopted on February 6, 1996, engaging the services of Andrew D. Stype, to conduct an appraisal on behalf of the Land Preservation , Comm_ ittee on the "property of Donna , Dzugas-Smith, whereas the agricultural .preservation funds are running low and there will not be sufficient funds. to purchase the -Dzugas-Smith property. 2 .-,Vote of the Town Board: .Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.. This resolution was duly ADOPTED. 3 .-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 19th day of March, 1996, a Local Law entitled, "A Local Law to Require Parking Permits Year Round"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, April 2, 1996, 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, to Require Parking Permits Year Round I . Chapter 65 (Parking at Beaches), of the Code of, the Town of Southold is hereby amended -as. follows: 1_ Section 65.2 (D) is amended as follows: D. A town parking permit shall be required for all vehicles parked in .the areas described herein. Failure to have or to properly display such permit shall be a violation of this code. D.- A- beach- permit shad- be--required-at aN-times betweetr Ma-r 45 and- October- 45 of-each-year--A- beach- permit s ha+l- not be-- 'reeltrired=at other' times of the year-- H This Local Law shall take effect upon filing with the Secretary of State. 244 MARCH 19, 1996 COUNCILWOMAN HUSSIE: Before this we had it, that you just had to have a permit between May 15th and October 15th. It proved to be unwieldy. We're now requiring a permit all year. The hearing will be next Board meeting at eight o'clock. 3.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. . SUPERVISOR COCHRAN: May I have a resolution to recess for the hearing? Moved by Councilwoman. Oliva, seconded by Councilman Townsend, it was RESOLVED that a recess . be called at this time, 5:00 P.M., -for the purpose of holding a public 'hearing. Vote of the Town Board: • Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Meeting reconvend at 5:05 P.M. SUPERVISOR COCHRAN: You would like to speak on a resolution, sir? ALFONSE MARASEL: The scale operator. SUPERVISOR COCHRAN: On the scale? Yes, that's a resolution. Would you come to the mike, and give us your name? ALFONSE MARASEL: My name is Alfonse Marasel, Orient. I'd like to speak about the scale at- the recycling center. I sent a letter to Mrs. Hussie. Did you see my letter? COUNCILWOMAN HUSSI.E: .. Yes. I'm putting together an answer for you. ALFONSE MARASEL: I didn't have 'an answer, so that's why I came. I have to be a little bit more patient. Is that right? SUPERVISOR COCHRAN: Sir;. I'll have to stop you at this point, because the operator thing .for the ' scale' operator is under discussion today, but it's not anything relating to a resolution. You may at the end of the meeting address the Board in relation to what you have there, but at this point we're only addressing in relation to the resolutions. So, if you want to hold that for later we'd be . very happy to hear your comments. We'll continue, and pick up on #4, 1 believe, Judy, we're on? 'I.-Moved by Councilwoman Oliva,, seconded by Councilman Townsend, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 19th day of March, 1996, a Local Law entitled, "A Local Law to Modify the Annual , Financial Disclosure Statement"; now, therefore, be it RESOLVED that the Town-, .Board hereby sets 8:02 P.M. , Tuesday, April 2, 1996, Southold Town Hall, Main Road, Southold, New York, as, time and place for a pubic hearing-.,oh this Local Law, which reads as follows: A Local Law to Modify the Annual Financial Disclosure Statement I . Chapter 10 (Ethics; Code. of of the Code of the Town of Southold is hereby amended as follows: 1 . Section 10-2 is amended to add the following definition: IMMEDIATE FAMILY MEMBER - A spouse or any person claimed as a dependent in the town officer's or employee's latest individual, state income tax return. MARCH 19, 1996 245 2. Section 10-16 D (1) is amended as follows: (1) Disclose, with respect to any office, trusteeship, directorship, partnership or other position held in a business, association, proprietary or not-for-profit association, proprietary or not-for-profit association held by a town officer, employee or spvtrse- immediate family member, the nature of the position and the name and address of the organization. 3. Section 10-16 D (3) is amended 'as follows: (3) Describe the nature and location of any real property or investments within the town, or within one (1) mile of the boundary of the town, in which the officer, employee or spouse- immediate family member has a financial 'interest. 4. Section 10-16 D (4) is amended as follows: (4) Identify each interest in a trust, estate or similar beneficial interest (except for IRS eligible retirement plans) in which the officer, employee or spouse- immediate family member has an - investment in excess of two thousand dollars ($2,000.00) . 5. Section 10-16 D (5) is amended as .follows: '(5) List the name and address of donors of all gifts received by tiie officer, employee or- spotrse- immediate family member excluding gifts from a relative, which have an estmated value in excess or five hundred dollars ($500.00) . 6. Section 10'16 D (7) is amended as follows: (7) .Describe any'. interest the officer, employee or spouse- immediate family member has in any contract involving the town. 11 . This Local Law shall take effect upon filing with the Secretary of State. * Understrike/bold represents additions. *� Strikethrough represents deletions " .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman HUSsle, Supervisor Cochran. This resolution was duly ADOPTED. 5 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes printing of the "Guide to North . Fork Parks & Beaches" at a cost not to exceed $700.00. , 5 .- Vote of the Town ' 8ai3rd:. Ayes: ' Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 6.- Moved by by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town . Board of the .Town of Southold hereby accepts the bid of Gabrielli Truck Sales Ltd. , Medford, N.Y. , in the amount of $611,805.00, for supplying the Southold Town Highway Department with one (1) 1996 Ford LN8000 truck, equipped with a Swenson Model APB combination dump body and spreader-, all in accordance with the bid specifications. 6.- Vote of the Town Board: Ayes., Councilman Moore, Justice Evans, Councilworrran Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MARCH 19, 1996 7.- 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 General Fund Whole Town 1996 Budget to provide funds for the Tax Receiver's expenses at the Association of Towns and. for legal notices which were not included when the budget was prepared in 1995: To: A1330.4.600.200 Meetings and Seminars $ 600.00 A1330.4.600.100 Legal Notices 50.00 From: A1330.1 .300.100 Seasonal/Temporary Employee Earnings $ 650.00 7.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1996 Budget to transfer the expenses relating to vehicles from the individual departments to Central Garage: To: CeatWO=agg A.1640.4.100.200 Gasoline& Oil $1950.00 A.1640.4.100.500 Motor Vehicle Parts & Supplies 1400.00 A.1640.4.400.650 Vehicle Maintenance & Repairs 1100.00 From: Supervhso.� A.1220.4.100.200 . Gasoline & Oil $ 500.00 A-1220.4.100.500 Motor Vehicle Parts &Supplies 300.00 A.1220.4.400.650 Vehicle Maintenance & Repairs 500.00 Assesaors A.1355.4.100..200. Gasoline& Oil $ 500.00 A 1355.4.100.500 Motor Vehicle Parts & Supplies 500.00 TQ Attorney A..1420.4.100.250 Gasoline & Oil $ 400.00 Buildings & Grounds A_1620.4.100.200 Gasoline& Oil $ 300.00 A.1620.4.100.500 Motor Vehicle Parts & Supplies 100.00 A 1620.4.400.650. Vehicle Maintenance &Repairs 100.00 Community Dev fitment A.8660.4.100.200 ' Gasoline & Oil $ 250.00 A.8660.4.100.500, Motor Vehicle Parts & Supplies 500.00 A..8660.4.400.650 Vehicle Maintenance& Repairs 500.00 8.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. SUPERVISOR COCHRAN:. I would just like to give a little explanation on this, because as you ca,n see it's quite a list of transfers. What we have done is we have set up fleet management for all of our vehicles. We have many vehicles that' come as second-hand police cars. We have vehicles that should have been taken to the Landfill five years ago. We have vehicles that are not re-registered when they should be. We have vehicles that aren't serviced for a long period of time. I could go on and on the condition of the cars, that our employees In Town Hall use. What we're trying to do, and Ray Jacobs, Highway, will be reviewing all MARCH 19, 1996 the cars up there. We'll be looking at them, to see which ones can safely be kept. There's now a system in place for re-registering, for cleaning there. It was to the point where if we had a storm storm, which we had a lot this winter, there : was no one responsible for cleaning the snow off the cars. No one knew who's job it. was.. So, the Board has looked at this, and we have put this into place so we're hopeful that the taking care of your vehicles is done in a better system. Thank you. 9.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town ' Board of the Town of Southold hereby grants Patricia Sanchez a six (6) month leave-of-absence from her position as Home Health Aide for the Department of .,Human Services, effective immediately. 9.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman __Hussie, Supervisor- Cochran. This resolution was duly ADOPTED. 10.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board, of. the Town of Southold hereby grants Public Safety Dispatcher Holly A. Weingart a maternity leave-of-absence, effective April 1, 1996 through September, 1997. 10 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11 .- Moved by. Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Cabrielli Truck Sales Ltd., in the amount of $58,885.00 _ ($64,385.00, less , $5,500:00 , for trade of 1985 International w/aerial device) for supplying the Commissioner of Public Works with -a 1997 Ford F-800 truck with aerial lift device and line body, all in accordance with the bid specifications. 11 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 12 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 10, adopted on January 10, 1996, accepting the proposed reduction in the ' assessment of Southampton Lumber Corp. SCTM#1000-114-1.1-24.3 ' from $27,1100 to $19,500 for tax year 1995/96 to reflect a reduction to: $19,000, all in accordance with the recommendations of the Southold Town Board of Assessors. 12.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 13.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposed reduction in the following assessments, all in accordance with the reduction in the following assessments, all in accordance with the recommendation of.the Southold Town Board of Assessors: Current Reduced Owner SCTM# Assessment To 1) Greenport Yacht & Ship 1001-5-3-10 60, 500 33 , 400 ( 1994/95, 1995/96) 2 ) Prime Purveyors Inc 1000-84-3-1 . 1 23, 600 11, 000 ( 1993/94, 1994/95, 1995/96) 3) William E. Zitek 1000-56-2-2 16 ,700 12 , 400 ( 1994/95, 1995/96) 4 ) Raynor Suter Hardware 1000-140-3-3 . 4 26 , 400 16 , 050 ( 1994/95, 1995/96) 5 ) Charlotte Jurgeson 1000-53 . -5-12 . 6 73 , 265 35, 000 ( 1993/94, 1994/95) 24S MARCH 19, 1996 13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman 'Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN:' ', .You can see that the Board is reluctant to voting on lowering someone's taxes. - This is through the grievance process with the Assessors; . and then they recommend to us where there's an equity that they readjust. So; we don't like to see taxes taken away from us, but we'd like to work to keep them low. 14 .- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to insert . the.. Southold Town Recreation Department's 1996 summer, fall and winter'. brochures in The Suffolk Life; said charge of $400.00 per Insert : Is .:.to be made to A7020.4.400.300, Recreation Administration, printing. . Vote of the Town Board:_ Ayes: Councilman Moore, Justice Evans, . Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Super-visor Cochran. This resolution was duly ADOPTED. COUNCILMAN TOWNSEND: That does not mean we've chosen yet another paper for our legals. It's just the most efficient way to distribute the recreation brochures. The least expensive based on a survey, that the Rec Department. had made. 15 .- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town .Board of .the Town of Southold hereby modifies the Solid Waste Management District 1996 budget to correct a budgeting error which would have resulted in a structural deficit in the Solid Waste Management District for 1996: From: }Zevenuesi SR.5990.00 Appropriated Fund Balance $1 13,000 Approo_, nations SR.8160.2.500.900 Capital Reserve Allowance $100,000 SR.8160.4.400.805 M.S.W. Removal 13,000 15.- Vote of the Town Board: Ayes.: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran: This resolution was duly ADOPTED. 16 .- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town - Board of the Town of Southold hereby grants permission to the members of the Conservation' Advisory Council to attend a one day conference entitled, "Innovative Uses of Breakwaters in Coastal Erosion Control: Integrating Shoreline Protection and Estuarine Habitat Enhancement", presented by New York Sea Grant on Friday, March 29, 1996, from 8:30 A.M. to 4:00 P.M., at the Ronkonkoma Holiday Inn, and the $5.00 registration fee, and necessary expense for travel, shall be a legal charge to the Conservation Advisory Council's 1996 budget. 16.- Vote of ' the 'Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MARCH 19, 199649 17.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Deputy' Town Clerk Linda J. Cooper to attend a New York Sate Department of Environmental Conservation Sporting License Issuance Seminar on Tuesday, April 16, 1996, from 9:30, A.M. to 12:30 P.M., at the DEC Office, Stony Brook', '.N.Y., and the necessary expenses for travel and lunch shall be a legal charge to the Town Clerk's 1996 budget. 17 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Councilman Townsend, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administration Services, Inc. to pay the medical bills' of Victor Lessard, Bruce Stewart, and James McMahon, which bills were submitted by the providers more than 90 days after service was rendered: 18.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board - -of the ' Town of Southold hereby authorizes the release $96,070.00 currently being held by the Town Clerk in a passbook as a bond . for roads and -improvements in the major subdivision of West Mill, Mill Road, Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. 19.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly -ADOPTED. 20.- Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town ' Board of the Southold hereby grants permission to the Greenport-Southold Chamber of Commerce to use the Town parking field located on the south side of NYS Route 25, Southold, on Saturday, May. 25, . 1996, from 10:00 A.M. to 5:00 P.M., for a "Memorial Day Craft Fair01, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 20.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED, 21 .- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute the understanding between Albrecht, Viggiano, Zureck S Company, PC, at a fee not to exceed $5,000.00, for the preparation of a needs and cost analysis with regard. to the Town's need for additional space for Town Hall and the most effective' alternative to meeting the needs of the Town in the most cost effective manner. . 21 .- Vote of the Town _ Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. No: Justice Evans. This resolution was duly ADOPTED. 22.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Board ' of Commissioners of the Fishers Island Ferry District to accept the bid and - enter into a contract with Diaz Contracting, Fishers Island, NY, the lowest bidder, in the amount of $14,800.00, for repair of the Fishers Island Community Theatre ceiling, all in accordance with the bid specifications. 250 MARCH 19, 1996 22.-Vote of the Town 'Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 23.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, 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 purchase of Snow. Fence and "T". Posts ,for the Superintendent of Highways. 23.-Vote of the Town . Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Rescinded April 2, 19.96 by Resol. #4 24.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board ' of the Town of Southold hereby accepts, -with regret, the resignation of Linda Knoernschild, part-time Clerk Typist for.the Recreation Department, effective March 22, 1996. 24.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 25 .- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Patricia Breese, Day Care Aide for the Human Resource Center, effective April 1, 1996. 25.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. 26.- Moved by Councilman Townsend, 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 resumes for Home Health Aides .for the, Adult Day Care Program, 17-1/2 hours per week, $6.18 per hour. 26.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 27 •- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs- the Town Clerk to advertise for bids for 150,000 square yards, more or less as may be needed, of Polymer Modified Emulsified Asphalt . Pavement Course (Micro-surfacing) for the Superintendent of Highways. 27 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the Southold Wastewater Disposal District 2995 budget to cover overexpended line items: To: SS1 .8130.2.000.000 Sewage Treatment, Equipment. $ 1,500.00 From: SS 1 .8130.4.000.000 Sewage Treatment, Contr.. Exp. $ 1,500.00 28.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran: This resolution was duly ADOPTED. MARCH 19, 1996 � 29.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Venetia McKeighan, Director of Human Services, to place an advertisement in the newspaper to advertise a series of caregiver workshops to be held at the Human Resource Center. The workshops will be in cooperation with Health Services At Home, a local health care agency, who will pay for the advertising. 29.-Vote of the Town : Board: Ayes: Councilman Moore, Justice Evans, Councilwoman ' Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for Public Safety Dispatcher III John Raynor arfd Public Safety Dispatcher I Claude, Kumjian to attend a Communications Supervisory Training course entitled, "Policy and Procedures Development": sponsored by the National Communications Institute at East Hampton Village, on April''! and -2, 1996, and the tuition in the amount of $245.00 (because of. previous training with NCI, they are offering a 2 and 1 rate on the student cost) shall be a legal charge to the Public Safety Communications 1996 budget. 30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly. ADOPTED. 31 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the. Town Board of the Town of Southold hereby appoints Linda B. Scholl ., as a part-time Data -Entry Clerk at Police Headquarters, effective immediately, 17-1/2 hours per week, at a salary of $7.87 per hour. 31 .-Vote of the Town : Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran,. This resolution was duly ADOPTED. 32.-Moved by Justice Evans, .seconded by Councilman Moore, it was RESOLVED that the. , Town Board of the Town of Southold hereby appoints Sheila M. " Klos as a Contingent Public Safety Dispatcher, effective April 1, 1996 through September, 1997, at a salary of $23,302.63 per annum. 32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 33.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the position of Court. Officer, for a maximum of 20 hours per week, at a salary of $8.60 per hour. . 33.-Vote of the Town Board:- Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 34.-Moved by Councilwoman Hussle, seconded by Justice Evans, it was RESOLVED that' the Town Board of the Town of Southold hereby allocates 1/4o Sales Tax. for Landfill Capping . totalling $42,246.00 for 1996 for debt service relating to the Serial Bond issued for the Hydrogeological Investigation at the Town's Cutchogge Landfill; and be it FURTHER RESOLVED THAT THE Town Clerk is hereby directed to forward a copy of this resolution. to Suffolk County Executive 'Robert J. Gaff ney.. 34.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 252 MARCH 19, 1996 35.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town. Board of the Town of Southold hereby appoints Andrew.: Spence Hunter and Robin A. Harris as part-time Home Health Aides for .housekeeping :and .shopping services for the elderly under the EISEP Program, - effective immediately, 17-1/2 hours per week, at a salary of $6' 18 per hour- 35.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, -"Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly, ADOPTED. Amended by Resolution: #11 , April 2, 1996 36.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town . Board of the Town of Southold hereby appoints the following .individuals as part-time Public Safety Dispatchers, effective immediately, 17-1/2 hours per week, at a salary of $8.60 per hour; said appointments are subject to the candidates sati-sfactorily passing evaluation by the Suffolk County Department of Civil Service: Jill M. Andrade-Franke Susan Brigham Timothy-J.. Brigham Steven L. Harned Kenneth J.., Klenawicus Anneen M. McCann Tammy J. :McNally Donald E. Richert Linda L. Tatum COUNCILWOMAN HUSSIE: I would like to . clarify that. These are operators, who will be on the list available as they are needed. They have to meet the necessary qualifications that go through all the steps. 36.-Vote of the Town . Board:: . Ayes: Councilman Moore, Justice Evans, Councilwoman O.li,va, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 37.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Agricultural Advisory Committee, for, a two (2) year term, effective April 11, 1995 through April 11, 1997, they -to- serve without compensation: Eugene Vanden Bosch, John Sidor- Jr., .David Horton, Frank McBride. 37.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 38.-Moved by Councilman" Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jean M., Hogge - to the position of Scale- Operator, from the Suffolk County Department of Civil Service Certification of Eligibles, effective immediately, at a salary of $13.05 per hour. 38.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva,, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 39.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town . Board of the Town of Southold hereby reappoints the following individuals as members of the Southold Town Landmark Preservation Commission- for a two (2) year term, effective April 5, 1996 through April 5,. 1998: Clifford J . Benfield (who is also appointed Chairman), Ralph Williams, Josephine Boyd, Robert C. Kassner; they to serve without compensation. COUNCILWOMAN OLIVA: They do an excellent job, 1- might add, too. MARCH 19, 1996 253 39 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 40.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals as members of the Southold Town Transportation Committee, for a two (2) year term, effective April 5, 1996 through April 5, 1998, they to serve without compensation: Neboysha R. Brashich, Margaret Brown, Victor A. Brown, Robert W. Brown (Christa Brown - 'alternate), , Dwayne H. Early, J . Bernard Jacobson, Barbara Michelson. 1I0 •- Vote of the ' Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman -Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 41 .- 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 resumes for three (3) members of the Transportation Committee, for a two (2) year term, effective April 5, 1996 through April 5, 1998. 41 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva,- Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 42•- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a part-time Clerk Typist for the Recreation Department. 42 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran,. This resolution was duly ADOPTED. 43.- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to Place a Public Notice in The Traver-Watchman and The Suffolk Times, announcing new appiciation for the 1996 Southold 'Town Affordable Housing Programs. 43 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 114•- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project, effective immediately, for the purchase of a 15 passenger van for the Human Resource Center: Capital Project Name: )3JI81�LSic��a[t Financing Method: Fund Transfer from GmerFun Whollp Town Budget: Revenues: H.5031.20 Transfers rrrom Oilier Funds 19,404.00 Appropriations: H.6772.2.300.100 Buildings & Grounds, Capital Outlay Motor Vehicles Vans $ 19,404.00 44 .- Vote , of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor- Cochran. This resolution was duly ADOPTED. 254 MARCH 19, 1996 45.- Moved by Councilwoman .Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts , the proposal of . George W. Desmarais, P.E., Vice President, H2M Group, at a lump sum fee of $1,500.00, for professional engineering services in conjunction, with conducting a. site visit and equipment evaluation at the Southold Scavenger Waste Treatment Plant, all in accordance with the proposal dated March 18, 1996. 45.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, -Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, ' Supervisor Cochran. This resolution was duly.ADOPTED. SUPERVISOR COCHRAN: , In a way of explanation our grants program is where amounts of money are given to different 'non-profit organizations, or museums in town. We're. doing it by application, and calling it a grants. program. They have submitted their applications, and we reviewed them today. We have not finished reviewing them all, but those of which we had reviewed we're going to pass on. It's like, for instance, $800.00 to, maybe, the historical .society. It's money that we give each year for the concerts on the ' green. So, these are community things, that we all support in one way or another, and we add to that support. 46.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby - allocates the following funds for 1996 under the Southold Town Grants Program: Incorporated LI . Chapter of the -New York State Archaeological Association a/k/a Southold Indian Museum - $1,200.00 Summer Showcase Concert Serles. of Southold, Inc. - $2,000.00 Oysterponds Historical Society - $800.00 Douglas Moore Memorial Concert Committee - $400.00 Raymond Cleaves American Legion Post 861 - $350.00 Veterans of Foreign' Wars #9205 - $350.00 Mattituck Historical Society - -$800.00 Ducks Unlimited, Inc. - Greenwing - $350.00 Burton Potter Post :American Legion - $350.00 Railroad Museum of Long Island - $800.00 Stirling Historical Society - $800.00 SUPERVISOR COCHRAN: . Laury, this is being presented as a whole. I want to remove myself from voting on the Indian Museum, because I'm on the Board of Directors. So, I will abstain on this one: 46 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, . Councilman Townsend, Councilwoman Hussie. Abstain: Supervisor Cochran. This resolution was duly ADOPTED. 47.- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town of the Town of Southold hereby appoints Erick R. Heins, Stephen Ryan and Raymond . VanEtten as Police Officers for the Town of Southold, effective immediately, at a salary of $21,652.00. Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED to table Resolutions #47, so that a proposal be presented to the Southold Town PBA. SUPERVISOR COCHRAN: We have a motion to table the resolution. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, No: Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was LOST. SUPERVISOR COCHRAN: As the resolution has been lost we will take the vote on the Resolution to appoint Erick Heins, Stephen Ryan and Raymond VanEtten as Police Officers with the Southold Police Department. MARCH .19, ,1996 �.5 COUNCILMAN MO ORE: "Before _I vote .I'd like to make a comment, if may? It's truly unfortunate that "this. whole matter seems to be played out, in public hearing, or public comments session, and through the papers. As Board members we're constrained to talk about the merits, or demerits, strengths and weakness of the case involving personnel matter. There's a reason for that. Matters involving personnel are entitled to confidentiality. In this, case it seems to be tossed out the window, not just recently, but over the course of this entire matter with involving the Village of Creenport, and it's police department, the Grand Jury, release of minutes, all - the way down the line; to the release of information, that made it's way into the paper, that somehow the Village Mayor had his hands on as well. That's unfortunate, because we sat here and dragged a man's name through the mud, and I don't feel that I can sit about the strength, and weaknesses of the case, and the merits of the case. This problem didn't happen any time recently. As far back as May of 1994 our Police, Department put the Town on notice, we have—a- severe shortage and we need manpower, and the Town in it's infinite wisdom handled the process by budgeting big time for overtime. The Town knew it. It's in the budget for five officers. It's in the 195 Budget. It's in the 196 Budget. There's_ no loss ,on that. May of 1994, that's almost two years ago, the issue was presented, and no action was taken. It was no secret that a vote was coming up in November of '94 to abolish a police department. The. effective which would be to drop nine police officers from covering a' portion of our town, the town as a whole, because as you all know the Town Police Department -is now responsible for including the Village of Creenport in it's police coverage, yet we're going to do it with nine fewer officers.. When the Village Board of Trustees offered to the Village residents a resolution to abolish the force, it was their, decision as Board of Trustees-to say, we' don't think we can resolve this, we can't handle the department, let's abolish it. It then became a money saving proposition, eight hundred, and some thousand dollars, and Village representatives were shown' handing out refund checks, unheard of in history, handing out refund, checks. Still the police hiring issue goes unresolved. That was November of '94. Charges don't get filed to try and deal with a preferred . list until October of '95. Now, we wait, and we wait, and we wait,: ,and we hope the courts will rush, and hurry up, and give us a judgement, so we move on. We had explained the last time, that what we're waiting for, or what some Board members are waiting for, and have been waiting for . since February the 29th, which is the date the papers were submitted; was a decision on this matter, and we don't have it. Today is the . 19th: Our Town Attorney explained that the process could be appealed. Also,, know that the decision, no matter what it is, even if it is to hold the. Civil Service hearing, doesn't mean that hearing is going to be held any time particularly soon. So, this is not something recently created come January of 1996. I'm in such a tough position, because I don't want to talk about the strengths and weakness. All I can tell you is I've examined-'the. file, examined what' we've got is information to go to the hearing, what we've paid for legal counsel to take us this far, the likelihood of a decision. How the decision, in my opinion which I won't even share with you, is going to come out. There's no reason to wait. We have 'a situation now, I can check the numbers, but I was told back in February when. I looked into.. it, I spent quite a bit of time, said at the last Board meeting, the number of special tours presently going on, to the tune at which in. February, supposedly slow season, that the Police Department higher-ups, the Chief, and the Lieutenant, have to turn down vacation requests' for people who want vacations in February. That tells me something. It tells me we have a shortage. We need to hire officers, I've told you before, obviously I've weigh the case. I haven't played it out in public, but I vote yes for this resolution. I want to move forward. Thank you. JUSTICE EVANS: I vote,'.no, with an explanation. I'm sorry Joe couldn't give his proposal tonight, and I'd like to give him the two weeks to make his proposal to the PBA, .to see if perhaps it could alleviate our police manpower problem, and also to give us the time. As I've said before, don't know the answer to whether the officer in question is fit or unfit, I can only make the decision he's fit. I'm not allowed by Civil Service to make a decision he's unfit. I'd like to see if it could go to the Civil Service hearing, and they .have .to reevaluate this in two` "weeks, but would like Joe to have the chance to submit his proposal to the PBA. MARCH 19, 1996 COUNCILWOMAN OLIVA: I don't know if it is a right answer, Mr. Tirelli. I think it's a very, difficult situation, and each member of us has to look into our own. conscience to see whether we can vote, yes or no, at this time. Councilman Townsend has a proposal, that I'd like to see explored. I do understand from the Clerk in the Justice's Offices, that a decision will be rendered. I don't like seeing you people understaffed. I've asked for some figures with that, but at this time, and it's only my own conscience., I have to vote, no. COUNCILMAN TOWNSENDi As everyone is making statements, we were encouraged by the PBA to hire before the vote was taken, so they wouldn't have to hire problems from the Creenport force. I don't think that would have been a .prudent; or ethical thing to do. We didn't know which way the:vote ,was going, and at that point we would have ended up with extra officers, and. problems to deal with down the road. Since then there hasn't been a week" gone by, that we haven't tried to solve this problem, and I don't believe it's this Town Board's fault we have not been able to. We've been negotiating with the individuals. We've been negotiating with attorneys. We finally have taken a very, very. :you know, logical step, and gone ' the, last road. That.. was last October. Since that time we've been frustrated,, and had a hearing. Who could have foreseen it would have gone this `long7 I'm sorry that it has, but the two issues are separate, as far as' 'Pill concerned, and I think, we can resolve the shortage issue, if we look,. at-this thing with an open mind. I have to admit, given the' show, that we may not able to,, we'll be back in the same position next week. All I would ask the PBA to do is look at my proposal with an open mind, and .see if this will solve, the problem. Basically, that's it, and I won't say anymore, so I"in voting, no. SUPERVISOR COCHRAN: I would just like to say, that I feel like every turn, when we've tried to' .solve this problem, that we've had a stumbling block put in the way. Joe, himself, just said 'that we have discussed it meeting, after meeting, ..after meeting, and nothing has been resolved. It is not being resolved today evidently, and we will continue to work in a direction. It's unfortunate that this Board does not see fit to solve this problem at this time.'. I vote, yes. 47 .- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Hussie, Supervisor Cochran. No: Justice Evans, Councilwoman Oliva, Councilman Townsend. This resolution was LOST. 48.-- Moved by Councilwoman Oliva, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of the Town of Southold, on .the 5th day:. of March,: 1996, a Local law entitled, "A Local Law in Relation to Environmental Quality Review Law"; and WHEREAS, a public hearing was held by the Town Board on this Local Law on the 19th day of March, -1996, at which time all interested persons were given an opportunity, to be heard;. now, therefore, be it RESOLVED that the Town Board hereby .enacts . Local law No. 1 - 1996, which reads as follows: LOCAL: LAW NO. 1 - 1996 A Local Law in Relation to Environmental Quality Review Law I. Chapter 44 (Local Laws,':Adoption of) of the Code of the Town of Southold is hereby amended as follows: 1. Section 44-3,is amended as follows: No decision to carry out or approve an action, other than art-aetiert-iisted-ie SeG. 44-413 her-eef--e"es=-64-7-12--ef4be-B6iles, as a Type II action shall be made by a town agency until there has been full compliance with all re- quirements of this chapter and the Rules;previded-however-,4hat nethiaQ ',her--ein-shall-ae-sens"ed-a"rGhibiting1 A; The GgRdust Rg-ef-eentereperaneebs e re.AmeRtal;-engineer ng esepemie-feasibilitjr-er-etheF-studies-aR"reiimir aaFy-plaRRiRg-and budQetaFy--PFesesses-Resessar-y- G4he=ferra.ulation-ef-a-pr-epesai-feF aeti,an-which-de-Ret-eer- mit-the-tewR-te-appFeve;-seFRMeRse-er-eRgage iR-sash-asNeR- MARCH 19, 1996 257 . B T-he- MRURg-ef-aay-paFt-e#a"pglieatiea-wbiGh-r-elates-enly-te teshRisat-spesi#isatieps-ared4equiremeR",r-ovided-that-R -sueh partial-apprGvai-ShalWRtitle-er-permit-the-applieaRt-te-eemmensettae astieR-uRtil-alt-requiremeRts-ef-this-chapter-and-the-Mules--have-beeR fulfilled- 2. Section 44-4 is amended as follows: A. Consistent with the Rules 'and the criteria therein, the actions listed in Section 61-7.12 617.4 of the Rules as Type I actions are likely to have a significant effect on the environment. B. Consistent with the Rules and.the criteria therein, the actions listed in Section 617.-12 617.5 of the Rules as Type II actions are deemed not to have a significant effect on the environment. C. Consistent with the Rules and the criteria herein, all actions not identified as a Type I or Type II action shall be an unlisted action. 3. Chapter 44-8 is amended as follows: A. If the town agency determines that the proposed action will not have a significant effect on the environment, the town agency shall prepare, file and circulate such determination as required by Se6tien-6a1q-.74b)-ef the Rules, and thereafter the proposed action may be processed with- out further regard to this chapter. B. If the town agency determines that the proposed action may have a significant effect on the environment, it shall prepare, file and circulate such determination as required by SeetieR-61-7.7(b) of the Rules, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and the Rules. 4. Chapter 44-10 is amended as follows: A. Upon completion of a draft environmental impact statement prepared by or at the request of the town agency, a notice of completion con- taining the specified information spesifled-in-geetieR-61-7-74d3-ef4he Rules shall be prepared, filed and circulated as provided +r�e9OR 6'17.7(e}-and4f) 617.9 and 617.12 of the Rules. In addition, such notice shall be published in the official town newspaper and a copy thereof posted on the Town Clerk's signboard. Copies of the draft environmen- tal impact statement and the notice of completion shall be filed, sent and made available as required by Seetien-6-W-.7(e)-and4f4-ef the Rules. B. In the event that the town agency determines that a public hearing shall be held on.a draft environmental impact statement, notice thereof shall be filed,circulated and sent in the same manner as the notice of completion and shall be published in the official town newspaper at least teR-{W) fourteen (14) days prior to such public hearing. SuGh Retiee-.,hall-aise-state-the-place-where-substaRtive-wr-itteRGemmeRts en-the=draft-eRvirenrnentaNmpast-statement-r ay be-seRt-and-the-date befer-e-whisk-such-semments-sha"e F ived- The hearing shall com- mence no less. than fifteen (15) calendar days nor more than sixty (60) calendar days of the filing of the draft environmental impact statement, unless the town agency determines that additional time is necessary for the public or other,agency review,of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law. 25S MARCH 19, 1996 5. Chapter 44-11 is amended as follows: If, on the basis of a draft environmental impact statement or a public hear- ing thereon, the,town agency determines that an action will not have a sig- nificant effect on,the environment, the-pFepesed-astieR-may-be-yFeeessed without4urtheF-regard-to-this--.hapter: no final environmental impact state- ment need be prepared and a negative declaration may be prepared, filed = and published. 6. Section 44-14 is amended as follows: No decision to carry out or approve an action which has been the subject of a final environmental impact statement;by a town agency orby any other agency shall be made until a reasonable time period after the filing and consideration of the final environmental impact statement. Where the town agency has been lead agency for an action, it shall make a decision whether or.notto approve the action within thirty (30) days of the filing of the final environmental impact statement.. 7. Sections 44.15.A. & B. are hereby deleted as follows: A. Consistent with social, economic and 'other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or ap- proved is.one-which.minimizes or avoids adverse environmental effects,.including the effects disclosed in the relevant environmental impact statements. B. All practicable means will be taken in carrying out or approving the action to-minimize or avoid adverse environmental effects. s, Sections 44-15 A. and B. are amended by' adding the following: Findings must: A. Consider the relevant environmental impacts, facts and conclusions, disclosed in the final EIS; B. Weigh and balance relevant environmental impacts with social, economic and other considerations: C. Provide a rationale for the agency's decision; D. Certify that the requirements of this Part have been met: E. Certify that consistent with social economic and other essential con- siderations from among the reasonable alternatives available, the action is one that avoids or minimizes:adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be`avoided or minimized to the maximum extent prac- ticable by incorporating as conditions to the decision those mitigative measures that were identified,as practicable. 9. Section 44-18 is amended as follows: Where. more than one (1) agency or department is involved in an action, the procedures of Sections 617.4 617.6 and-6-17-79 of the Rules shall be followed. Y + MARCH 19, 1996 l o. Section 44-19 is deleted as follows: AGtl9Rs-unde4akeR-eF-appreved-prier-te-the-dates-spec+€ied-in-Ar4isle-8 f. the PR iFGRmeataW,,enseFvatiea-kaw-feF-leeal-agencies-shall-be-exempt ffem-this-slaapter--and-the-Previslens-ef-Artiele�-ef-the-€nviFsnmental GGRseFvatieF-L-aw-and4he-RwIe"r-Gvided;however,—that4f-after-such dater,-a=tewfl-agency4Redifies-aR-as99R-M RdeFtakeR-eF-appreved-prier-te that-date-and-su.O ageRsy-deteFmiaes-thea 4he-medifisatiGR-may-have-a si'Rifisan"dvefse-effect-eR-the-eFtviFORMeRt,such-raedifl6atler4-shall-be an-astieR-sul3jest-te4his-ehapter-and-6-NYG R-64-7-. 1 , Section 44-20 is amended as follows: Where an action subject to this chapter involves an applicant, a fee shall be paid to the town in accordance with 6,NYCRR 6-W-4. 7 617.121. Where thG4owR-rbua4repare a-€Taal-eRvlr-oRMeRtal-impast-statement,-the-fee ehaFged- G4he-applicant-Shalkbe-the-aGtual-sest4Rsurred-by-the-tew+� II . This Local Law shall take effect upon its filing with the Secretary of State. 48.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. . SUPERVISOR COCHRAN: That's the end of our resolutions. If there is anyone that would. like to address the Board on any other given topic please feel free at this time. _ ALFONSE MARASEL: As . I was saying before, you haven't received my letter. I think that scale in the recycling area is incorrect, absolutely incorrect., I spoke to Jim, and asked if my scale was State registered, bathroom scale, It is not a State registered, but $15.00 is quite a bit. Now, have you looked into this scale? COUNCILWOMAN HUSSIE: I did check it out, and one of the big problems is that the scales., that you went over with., the mailbox aren't really calibrated only to deal with between ten and twenty pound objects. They don't discern, they can not figure out something that's only three pounds, or two pounds. They deal with twenty pounds. There's also the problem of, if you have a little bit of weight if there's a wind blowing, it can upset the amount that comes up on the scale. The scale that you went over is really- only for big trucks. I would suggest to you, Mr. Marasel, that you use a yellow bag. It's a lot cheaper, and you can put more stuff in it. ALFONSE MARASEL: This was metal. I could not put metal in the yellow bag. COUNCILWOMAN HUSSIE: Well, don't tell them I said that. ALFONSE MARASEL: 'A couple of weeks ago, what could I do with this metal, and he said, put it in a yellow bag. I didn't put it in the yellow bag. COUNCILWOMAN HUSSIE: . The problem is you only have a little bit of stuff. Maybe the next time would be. to wait until you had a greater amount of metal, that .you could bring. ALFONSE MARASEL: Like metal coat hangers." I don't know what else I have. Nails. I'm working on my fence, and taking out the old nails. That would only come up to about a couple of pounds. 2(;0 MARCH 19, 1996 SUPERVISOR COCH.RAN: May I suggest if you have coat hangers, that you recycle them through the local laundries. The dry cleaner right here in Southold will take .all your old hangers,; or down at Hoppy's in Greenport. They love to recycle them, because then it saves them some money. But, recycle them, through one of these places rather than throw them in the Landfill. It would be nice of you. ALFONSE MARASEL: I'll have to take my . bathroom scale with me, and I'll have to worry about' the-"--wind. Good thing I don't rely on my own weight on there. COUNCILWOMAN HUSSIE: ; I know it doesn't make you feel any better, but a lot of people have had this, problem, myself included. I brought a aerial, which I could lift 'up with one hand. i It certainly didn't weight twenty pounds, and I paid the full price for it... ALFONSE MARASEL: You would think in a case like that, you should have a sign before we get in there. COUNCILWOMAN HUSSIE: That we certainly can do. What would you suggest it say, Mr. Marasel? ALFONSE MARASEL: Put a. sign at the scale, this mechanism is influenced by the wind, take your chances. COUNCILMAN TOWNSEND: Perhaps the Solid Waste Committee could look at the option of having a scale at- the scalehou'se, that would be smaller. and accurate, and since you've run into this problem, and lot of people have run into this problem, we could create something for twenty pounds or less, you could use that scale. If we could - figure some way not to hold up traffic and use that. COUNCILWOMAN HUSSIE: That's one of the problems. We can look into it. SUPERVISOR COCHRAN: We're going to send it to Councilwoman Hussie, with her committee, and they'll try to come up with a better solution. Okay? Thank you. We'll take Mr. Carlin next. FRANK CARLIN: - Frank Carlin. I want to ask our wonderful cameraman one question before I start. Is your camera equipped with a thermostat, or overheat switch, because sometimes it .can get hot when I'm up here, you know? Tonight I'm going to fire off two of my sixteen inch guns on the battleship, the Carlin Watchdog. , Unbelievable. Question for Judge Evans, when ,you have a stray dog on Fishers Island, what do you do with him? JUSTICE EVANS: In my experience I've never had a stray dog. FRANK CARLIN: But, any dog on the island, you must .have some dogs on the island. JUSTICE EVANS: Yes. FRANK CARLIN: What do you do with them? Do you have a shelter there, or where do you put them; or what do you do with the animal? JUSTICE EVANS: I haven't had an experience with having to put an animal anywhere. FRANK CARLIN: So, you have no animals on all of Fishers Island? JUSTICE EVANS: No. The only complaints I deal with, or I have dealt with so far with animals are more nuisance complaints. Generally the people have talked with their neighbors, or whoever, and resolved them among themselves. MARCH 19, 1996 261 FRANK CARLIN: Okay, fine. Put your life preservers on. I've always wondered why we have a six member Board here. Riverhead has five. Southampton has five. I know what you're going to say to me. Fishers Island, got to have a Co'uncilman, man or woman, on Fishers Island. Well, my opinion we don't need one. We- need a Judge, and a representative. I'll tell you why. Farmland Preservation issue, that have anything to do with Fishers Island? JUSTICE EVANS: It comes out of our taxes. FRANK CARLIN: It has nothing to do with the land, though. What about the taxes now? What about the land? Do you have problems there on Fishers Island. JUSTICE EVANS: No, people don't like paying for the preservation. FRANK CARLIN: That's what I'm saying. Police Department. Anything to do with Fishers Island? They have their Constable and State Trooper. JUSTICE EVANS: No. We have part-time Constables. We have Bay Constables, and the Detectives have come over several times to help us out with problems that we've had there. FRANK CARLIN: Big deal. McDonald's. Have you an issue on McDonald's? Do you travel from Fishers Island to go to McDonald's? JUSTICE EVANS: Thankfully we don't have to worry about McDonald's. FRANK CARLIN: McDonald's issue, that we had to fight for four year already. Landfill. You have your own landfill there. You could use our landfill over here. YMCA, : have any effect on Fishers Island, using the YMCA over here? You're going travel from Fishers Island over here to Laurel for our YMCA? Animal Shelter, an Animal Shelter here. I always wondered why we need. . if you're going to have a Councilperson in Fishers Island, then let him only vote on the issues that effect Fishers Island. JUSTICE EVANS: Mr. Carlin, I'm sure if the Town agreed to, reduce the taxes, so that we wouldn't be paying for these things you talk about, then maybe we would be, willing just to represent Fishers Island issues. FRANK CARLIN: . You should, because you vote on things, my opinion, has nothing to , do with.- Fishers Island. A good example is McDonald's. YMCA, you voted on it to give away property in Laurel, that had nothing to do whatsoever with Fishers Island. JUSTICE EVANS: Except that we help pay for that property. FRANK CARLIN: So do :we. Just like, changing back for a second after the police, again. Creenport had the opportunity to vote to abolish the police department, but yet this Board last year never gave the people in Southold the opportunity to vote if they wanted to accept the police department. Was that fair? You did the same thing with the YMCA in Laurel. I had it, up to , here with this town. Believe me, I've had it. Can't vote on an issue here. Can't vote on an issue. You ought to ashamed of ourselves, ' but .back to Fishers Island. I said once before, in fact I mentioned a year ago, we should sell Fishers Island. JUSTICE EVANS: It's not yours to sell. FRANK CARLIN: What do we need it for? Sell it. We can use that money. You have to bring kids into Connecticut to go to school. JUSTICE EVANS: The Town doesn't own the property. FRANK CARLIN: I'll . tell you another thing. I'm fire my last big sixteen inch gun here, and here it comes. It's going to have an atomic warhead in it. ' I say we go back to the two party system. Republicans, and Democrats. Stand on your own two feet. You're a Republican, you're in the Southold party. You're a Democrat, you're in the Southold party. I don't know who I'm voting for half of the time. Stand on your own two �6 MARCH 19, 1996 feet. If you're a Democrat, .be. a Democrat. Republican be a Republican. That's my two sixteen inch guns I'm 'firing off tonight. I wasn't going to say anything tonight, because I've got to go ' to a party tonight. I can't spend too much time.. That's my feelings, and I'm not going to stay too much longer. I'd .like . to say something else. I want to say one more thing, if I may, Madame: Supervisor. It's on my chest. I've got to get it off. This is no sixteen inch gun. This is a forty millimeter job. A gentleman last meeting came .up, here, and he said the question, why didn't Mayor Kapell resolve his problems himself? Why didn't he just hire new people, if he had so much-trouble with the police department, and nobody could seem to answer that. See, I sat here, I should 'have answered, but let it go. I want to answer it tonight. It's a' simple question to answer, and I have to give Mayor Kapell credit. It's logic. If you can hire a police department for $240,000 a year:, why would you want to spend a million dollars a ..year? So', you go, and dump, it into Southold, and we accept it, .and. this is ..a ,problem we got now. This is problem we have now. That's why, .and plus you can become a hero. You give out $250 to every taxpayer for refunds for property taxes. So, now what he does, he dumps the sewage solid waste plant in our hands now. We have to support that now. What else are we going to have dumped in our lap now? We got people in this town going to start realizing what is going on here. I got a question I want to ask Mayor Kapell, but I want him to be here when I ask him. It's one: simple .question. SUPERVISOR COCHRAN: Frank, why don't you go to Creenport and ask the Mayor? FRANK CARLIN: Well, I'll go to Creenport. Maybe, they'll shoot me if go in there. I don't know. SUPERVISOR COCHRAN: . Thank you, Frank. ..Mr . Siegmann? ED ' SIECMANN: That's a hard act to follow. Number one, was there anything done to continue the Tax Committee that was working? Are they going- to take it up? SUPERVISOR COCHRAN: We reviewed it, what last Board meeting? We plan to look at it again, and see what's feasible, and what isn't. We had too much on our. plate today to even consider it: ED SIECMANN: I thought that they had a very good report; and that you should really continue it, if it's possible. They had some ideas in there. Let me ask you something. In reference to Resolution 44, about the purchase of a van. SUPERVISOR COCHRAN- For the Nutrition Center. ED SIECMANN: Let me explain something to you; and you : might not have to buy, one. I've picked 'up a letter from Forbes. . SUPERVISOR COCHRAN: ' I'm aware. He was on television, and he said, that he was working for getting Nutrition vans.. We haven't heard anything. ED SIECMANN: He came up with nine vans. He gave them away, but he didn't give Southold 'any. SUPERVISOR COCHRAN: That's true. ED SIECMANN: So, I got a hold of him to find out, hey, how come one town got four, and Southold got. none? 1. was `told that they are considering some more. vans, and that they're going to have somebody from Forbes' Office to get back to me. to. talk about the possibility of a van for Southold. So,, I _ would suggest, 'don't buy it right away, because there may be a van coming' from Forbes. SUPERVISOR COCHRAN': , Ed, I think it's a situation where we need it now. It's coming off the State.- contract. so it ' certainly is a lot cheaper than putting it out to bid. I'll .call. .. MARCH 19, 1996 { ED SIECMANN: I think you have about , six, seven vans now, I think it's good to ask Venetia whether she needs this immediately or not. If she doesn't maybe we can,get one free. COUNCILWOMAN HUSSIE: You're right, because our plan does call for replacing a van each year, so- this would certainly be able to be put. . (Tape change.) ED SIECMANN: Councilman Moore, I listened to your impassioned speech before about dragging somebody's name, through the mud, and I agree with you 1000, but I would suggest to you, that also should be remembered at election time. COUNCILWOMAN HUSSIE: . Thank you for your comments, Mr. Siegmann. Mrs. Sinning? TONI ANN SINNING: When I had the opportunity to speak before my blood was absolutely boiling, and it was very difficult to speak. Earlier today I had prepared five pages of notes to read before the Board today, some of which my .husband felt would have been inappropriate to speak publicly.. I decided not to read it.. . However, when I was sitting over there, and listening to comments that people had to say, which they're entitled to say, my blood began to boil. My blood is beyond boiling, and as Mr. Carlin said before, if the camera had a thermostat, I wonder if it would still be working. I'm very disappointed. I direct this to Mr. Townsend, to Mrs. Oliva, and to Ms. Evans. As you are searching your conscience, and your soul, I hope, and I honestly believe that at some point in time as we drag this. on, and on,,, and on, and we make new propositions, and we try 'and resolve this. Time continues to march on. honestly feel that we are going to have an absolute tragic incident happen within the town, where someone will be killed, someone will be injured, whether it be a civilian,, a child, or a police officer. If you look at my husband, and if you look at Officer Tirelli, they are not small men. They are quite large men, who wear a uniform, and carry a gun, and both are out of work, . and still when this tragic incident occurs, and we still do not have enough police officers, I hope at that time you can search in your conscience, and your...soul, and you can still stand by the decision that you voted .not to hire. police officers. This is not going to go away. Everywhere that we go, and people that we speak to, they back the police officers, and no one ever says anything against Eric. Heins. Hire him, hire him, everywhere we go, and do you know three people that are against it sit on our Board. It's embarrassing. SUPERVISOR COCHRAN: Thank you, Mrs. Sinning. Officer Ginas? JAMES CINAS: Good afternoon. James Ginas, Vice-President of the PBA. I would just like to reiterate matters on which I went publicly, on record, to the Board last. year, regarding the hiring from the preferred list. Civil Service. allows two options in this case. A, hire and suspend, or suspend, and put off hiring. The burden of proof in either case, dealing with the preferred list, is the same. Again, urge the Board to hire the members of the Greenport Department off the preferred list, and if you feel that someone is not fit to be an officer in the Town of Southold, then suspend him, and have the hearing. But, let's get on with the hiring process. We can not wait any longer. The Academy, a six and a half month academy scheduled to 'start in August. Once we get through the existing members of the preferred list, we have to then look at the regular Civil Service list. A late August academy gets candidates out of the academy this time next year, and at best scenario next summer before they're ready to go out, and do the job without constant supervision. We're looking at over a year before we can get people on the road to supplement our department. We can not wait any longer. I urge you to hire, and if you feel that someone is not fit, then suspend, but let's move on with this. We wasted way too much time. Thank you. SUPERVISOR COCHRAN: Thank you, sir. Officer Tirelli? VINNIE TIRELLI, JR. : Vincent Tirelli, Jr., PBA. One thing I'd like clarified, you hired five. part-time dispatchers? SUPERVISOR .COCHRAN: Nine. 264 MARCH 19, 1996 VINNIE TIRELLI, JR.': You hired nine. You hired, tonight, you hired you hired nine? SUPERVISOR COCHRAN: They're part-timers. VINNIE TIRELLI, JR. : You now have more public safety dispatchers than you do police officers. SUPERVISOR COCHRAN: That's true. These are part-timers, that we" can call on. VINNIE TIRELLI, JR. : ...I'd- like to add to a couple of things, that Mr. VanBourgondien said. My 'job is to look out for my membership. My job is come here, and make noise,_ and make basically make your lives miserable, because our lives are miserable. That's my job, and I keep doing it, until •.it's no longer my job, and I hope that whoever fellows me will do it. I'm here out of frustration- of the lack of movement, and with regards to the hiring of new police officers for the town. In the past several years the Southold PBA has stating adnauseam, that new police officers are needed due to retirements, and the • added demand for the Town of Southold, ' especially since the addition of the Village of Greenport. Politics, and.- holy than, thou attitudes on the part of some politicians, who were and are sitting on the Board, made the addition of these much needed police officers a political issue, instead of a public safety issue. I have repeatedly• stood here in front of the past Board, and in front of this one, practically begging you, put politics aside, do the right thing for the people of Southold, instead of finger pointing, and grandstanding on the so called moral issues, that become the weekly fare of both Town Board meetings, and the local newspapers. The Town of Southold has become a joke in the eyes of many. I promised myself not to think on individual battles to show you, what you should be doing, however, now I feel my', only recourse is to do so. The entire Creenport Police Department was - a. target of an investigation, which took several months, cost about 'a million dollars in taxpayer's money, initiated by the Suffolk County District . Attorneys Office. After these several months numerous interviews, and allegations, and a lot of sensationalism by both local politicians, and the newspapers. No' indictments were handed down. For those of you, 'who .don't understand what an indictment is, it's a allocation, that a crime. was committed, and that the • evidence presented in the case; the- Grand Jury had reasonable caus6 to believe that the target, or targets for the ' investigation . may be committed. In ten years as a police officer, I know .you. can indict almost anyone for anything. In fact, Judge Sol Walcher was stated, you can indict a ham sandwich if you wanted to. I repeat what I stated earlier, no indictments were handed down after a lengthy .' investigation by the Suffolk County District Attorney's Office. The previous Board hired a lawyer, at taxpayer's expense- to see if they could get past this so called undesirable former officer. He hired a private investigator," . again, at the taxpayers' expense, who conducted from what I've ; been told, a thorough investigation, aimed specifically at discrediting this man. This investigation revealed that there was nothing to prevent the Town from hiring this officer. Certain Board members still, not only failed to act, but denied the existence* of this investigator's report. So, now, I ask, where is this overwhelming evidence against this .man? Why are you wasting the Town's money, and rehashing issues, which have already been gone .over? Why are 'the three holdouts ignoring the pleads of the PBA, and the needs of the townspeople?. If, in fact, there is 'so much evidence against this man, why hasn't it' been printed in any of the local papers? I'm sure they've looked at every . aspect of his • life private, and professional, with a microscope. I wonder, if all our personal lives could hold such scrutiny. Summer- is around the corner, and the largest number of officers, that you can hire right now,, that would have any kind of immediate effect is 'three. According to last' weeks papers, you may challenge one of them, another delaying ' tactic: Even if you hire three,, it's a drop in the bucket compared to what's needed to safely serve the needs of the people. I, am so very proud of the members of the PBA. Through all the negativism created by comments made by members of this Board, and the previous one; they have performed their duties admirable, and with great professionalism. The PBA has been cooperating with the Town Board in covering the shortage. They - have . sacrificed time off, family, vacations. They have worked double shifts, triple shifts. They • MARCH 19, 1996 have been blamed for putting excessive pressure on the Board to hire additional people. To that, I plead guilty. I have been pressuring you to act on something you should have acted on a long time ago, and that pressure has not been excessive. PBA members have done everything they've been asked to do. by the Chief of Police, and this Board. Some of you have had two .years °to address this issue. You've done nothing but talk. Talk is cheap.. The . PBA has been portrayed as a big, evil money hungry machine. If that • was so 1 wouldn't be sitting here every two weeks wasting my time, .trying to .convince you of the need to hire more officers. That will cut overtime costs. That's money out of our pocket. We are tired. Summer isn't here yet. The Town and the PBA are currently involved in several lawsuits related to the staffing shortage. The PBA has been named . in a lawsuit by Greenport's mayor, because the Town doesn't have the. staffing:.to .properly patrol the village. I say, the Town doesn't have the staffing to properly patrol the town. Is it worth the money the Town..is spending to defend itself in these lawsuits when all the Board has to do is hire the the officers, that they agree we so desperately need. Somewhere common sense has been lost. I've spoken to so many people, who live in this town, and they keep asking, why are they wasting time?' Why don't they hire .this guy? I keep telling them, ask them. Two weeks ago I read a comment by Joe Townsend. It made me laugh. You stated that if we need help, we, should call the New York State Troopers. Joe, where have you been for the last two years? David Kapell tried the same tactic to further his own personal goal. Do you have any idea how long it takes for a trooper to get from Hampton Bays to Greenport, if one of us is in trouble? Wouldn't have helped me a week ago. Number two, about two years ago David Kapell asked the troopers to help patrol Greenport. He was told, in effect, thanks, but, no thanks. What makes you think that- they would treat the Town any differently? What next? Are you going to ask the White House to help? I can save you some time, and a • phone call. I'll tell you what the answer will be. Judge Evans, you _ stated`two weeks ago, you wanted to wait for the Judge to make a decision `,for you. That's not what you were elected for. You must make the decisions one way or another, and not hope that someone else would do your dirty work. Now, Dave Kapell is throwing in his two cents worth, .writing a malicious. letter to local papers, rehashing the same old garbage, that `_,has already, been investigated. It doesn't even deserve mentioning, 'because it is .obvious to me that he has some sort of personnel vendetta against the target of his attacks. More and more of you will probably use that as an excuse to not act again. In closing, need to say that I realize I'm speaking to all of you tonight, although my comments are addressed --to a few. Anyone who keeps up with what is going on in this town knows the facts. I have heard no public outcry not to hire this man, and remove this stumbling block so we can get on with other important matters. People's lives are" at stake here. As Bob Scally wrote a few weeks ago in his letter to the papers, if you don't want to do the job, step down. As my father said to you six weeks ago, before we have to judge Eric Heins on his alleged moral discretion, we should all be held to that same standard. If that's so, I wonder who among us will be in a position we are in tonight. Thank you. SUPERVISOR COCHRAN:, . Thank you, sir. Is there anyone else who would like to address the •Board? Mrs. Flatley? SUE FLATLEY: My name is Sue Flatley. My husband is a Southold Town Police Officer, and I think pretty much Vinnie has said it all. The only thing I'd like to say is, that the Town seems to be so worried about their liability passed and future in this whole event, I'd like to ask the Town what they think- their ..liability would be, if an officer was severely hurt, because . of` the shortage, knowing .that you've had two years to . address this. Small countries could have been taken over in the time this has been going on. Thank you. SUPERVISOR COCHRAN: Thank you, Sue. Anyone else like to address the Board? Mr. Corwin? DAVID CORWIN-: My name 'is David Corwin. This morning I witnessed the Town Board and it's audience engage in what always been something of a sport, dumping on Greenport. While Greenport was once again bashed, the press flitting around like brown trout in a holding tank at feeding time. As the rank arises in what will probably become the stinkiest story MARCH 19, 1996 in the local newspapers they'll have in 1996. 1 would like to set the record straight, at least from' my prospective as a resident of Creenport. I am, of course, addressing the most recent bone of contention between the Village of Greenport. and the Town of Southold, the Scavenger Waste Plant. First, let- me say; that I don't know what led to the Village's decision to so merrily hand the 'operations of the Scavenger Waste Plant to the Town. The Village of Creenport's meetings are designed to be -conducted in the dark, when they run the, Mayor around to secret meetings, making it hard .to know what is going on now. I must, also, say, in fairness, that I have taken. my turn yelling at the town in relation to the Scavenger Waste Plant at a .Village meeting. In my frustration in paying the Highway taxes, plus the Village and the Town, and the Town's total disregard of righting an inequity. That said, I -must also say that I do not support Mayor Kapell's methods of solving problems by dumping them. A little history is in order here. Prior to the early 1980's in the Federal Clean Waters :Act the Town of—Southold dumped it's scavenger waste in a pit in the Cutchogue Landfill right on top of the thickest blends of freshwater in Southold Town. The Town Board made no effort in this practice until forced to so by Federal and State Law. There was no foresight here on the part of the Town Board. The Town of Southold was forced . to end their open pit dumping of scavenger waste, and construct a. modern scavenger waste treatment plant. One initial proposal was to .construct a scavenger waste plant at the Cutchogue Landfill, and ''construct an outgoing pipeline to Long Island Sound. The cost of constructing a pipeline over a mile long would have been rather high. The people of the Village of Creenport, possibly naively offered the Town of. Southold a location to save the taxpayers of the Scavenger Waste District a large sum of money. The Village then went on to-' enter into contract to run the Scavenger Waste Plant with the Town of Southold. What I really hear in discussions of the Scavenger Waste Plant is that it was an experimental plant, that had problems with their water. I constantly, hear,:that the Town of ' East Hampton Scavenger Waste Plant, a similar installation, has no. problem. I reject this idea in it's simplicity. One of the biggest problems with Southold's Scavenger Waste Plant has been rocks jamming the grid screen. Much time and effort has been spent on this problem. As always, it is; something Greenport has done wrong. Never mentions that the soil conditions is different from the North Fork to the South Fork of Long, Island, and East Hampton Town has less rocks' to deal with. The Town Board and the audience indicated that the Village was responsible for all, of the problems at the Scavenger Waste Plant through poor management. I never heard the Town Board say, put another ten percent in the Scavenger Waste budget for contingencies. never heard the Town Board object when employees were hired at rates of pay no one could live on. The Town Board engages in the same practices. as the Village of Creenport does. Not how much we can afford to pay this individual, or what is fair wage for a dirty job, or what is the least amount we can pay, and ',get away with. I'm sure you'll agree you get what you pay for. The Town didn't want to raise taxes on property in the Scavenger Waste District. They got what they ,paid for. The Village asked the Town to make a payment in lieu of taxes on the value of the Scavenger Waste Plant at the suggestion of the accountants several years ago. The request was met with deaf ears, and blank stares. The Town did not want to spend money on the Scavenger Waste Plant. I believe that most dispute between the same parties have a truce somewhere in the middle. I'm sure-'this is" the case Jln the latest rift between the Town and the Village. The problems_ ;the Town may face, With the Scavenger Waste Plant will be blown out of proportion . by the local newspapers. The previous administration toyed with the idea of hiring a contractor to run the plant. There are other simple solutions to the problem. Please don't add more to the waste' the newspapers produce by placing the blame completely on the Village. Thank you. SUPERVISOR COCHRAN: Thank you, Dave. Yes? VINNIE TIRELLI, SR. : Vinnie Tirelli, Sr. Joe, in all the years with Creenport Police Department was there ever a case where they tried to fire a policeman? You . being an ex-Mayor 'in Creenport, is the only reason I'm asking you. COUNCILMAN TOWNSEND: There were cases ! were they were brought up on disciplinary charges. MARCH 19, 1996 �°�' VINNIE TIRELLI, .SR. : That's within the Police Department? COUNCILMAN TOWNSEND: I think in most incidences they retired rather than be fired. VINNIE TIRELLI, SR. : ' There. were cases. You know what bothers me is, these supposedly corrupt policeman.. This didn't happen yesterday, or last year. These cases go back over the last twenty years. In fact, one of the biggest jokes, when 1"moved out here, was the case of a police car outside the Village of Creenport catching fire, and you know it was a joke. Everyone laughed about .it, but I never saw any action taken. You lose a $10,000, at that time, car, something should be said. All these incidents happened all .the way alo.ng., the way. There's no accountability for the politicians, who, number one, hired all these people, and I know you can't hire somebody, and predict what their character will be. That's impossible. But, all along the way these guys had to be doing -something wrong, and we never read about it. We never heard about it. All of sudden they became so corrupt, and so bad, that you had to abolish the whole police department. No one's ever asked, well, who hired these guys? At what point did somebody do something wrong? There was no investigation, at least none recorded. All of sudden everything came to a head, and the only way to clear it is to fire all these people. I mean, I never read anything. It. may have happened. That's why I asked you, because you're an ,ex=Mayor, . and you are a Councilman, too, and so this stuff must have come up. It had to, because what I'm reading now, the corruption, if it was. there, how come Creenport never cleaned it up as it came up, rather than all of sudden everything comes to a head, and fire everybody. One other thing is, the gentleman who came up, and knocked the PBA, as my. son ,said, the day they put these policeman on, I don't know if I raised him right, they're going to lose all this overtime. So, what ulterior motive could they have against hiring these people? It's going to cost them a -lot of money. Take a look at the overtime, that these guys are getting. That's going to be gone. So, what motive would they have for asking, begging you to hire these people? Thank you. COUNCILMAN TOW,NSEND.: I believe that their motives are pure. believe they are sincerely concerned. I don't believe for a minute that they're not concerned about the under-staffing. That's why I've prepared something that will hopefully enable us to staff, to help, if the PBA will go along with it. I can't get into it. But, I would hope the Board would allow me to transmit it to Officer. Tirelli, and that he can meet with his PBA, and we could' talk about it relatively soon. I think that it will accomplish the goals. I think we won't hurt anybody's position. I think that we can solve his problem, and separate these two issues. That's what I'd like to do. ..As far.; as ,your other question about how these things develop, I was Mayor seventeen years ago now. 179, 1 got out, but, you know, there were definite .problems with the police department back then, and we did our best to resolve them, and gradually we did resolve the problems then.. There's been a whole new generation of problems. The problem you were talking about the car burning, I believe, was mentioned in the closed Grand Jury report. It was mentioned prominently. VINNIE TIRELLI, SR. : That was only two years ago, the Grand Jury report. The incident happened sixteen years ago. COUNCILMAN TOWNSEND: Not 'to my knowledge. We're talking about two different car burnings. VINNIE TIRELLI, SR. : This was outside the Village of Creenport. They had no reason to be there. The guy was„on duty. COUNCILMAN TOWNSEND: I don't think it was seventeen years ago. VINNIE TIRELLI, SR. : Thank you very much. SUPERVISOR COCHRAN: Detective Flatley? MARTIN FLATLEY: This is for Joe Townsend. This big proposal that all of a sudden' is holding up hiring of any new police officers, how come this proposal wasn't aired a year, and half ago? MARCH 19, 1996 COUNCILMAN TOWNSEND:. Because it didn't, occur to me a year and a half ago. MARTIN FLATLEY: Was. it appropriate then? COUNCILMAN TOWNSEND:' It probably was !appropriate then. Yes, it was appropriate. ' MARTIN FLATLEY: - Then.'hoW .come it wasn't made up then? A year and a half later, all of sudden there's a big proposal that's going to save all . . COUNCILMAN TOWNSEND: Sometimes when, you're ' confronted with a problems, an answer appears. MARTIN FLATLEY: You - were confronted with the problem a year and a half ago. COUNCILMAN TOWNSEND: Everyone, I think, on this dais probably thought it would resolve; you know, significantly before this time. MARTIN FLATLEY: I don't really see where; any proposal between the Town of Southold, and the PBA, . . COUNCILMAN TOWNSEND All I ask is, you not condemn it before you look at it. That's all. If this Board authorizes me to give it to you. t position to hire more men. We don MARTIN FLATLEY: It's a- PBA ' need more PBA members`. The Town of Southold needs more police officers. There's nothing to do with the deal between the Town of Southold, and the police:,.officers about how many, people are required to police the Town of Southold. The residents of the Town of Southold are the ones that are -losing, , not the .police officers. I don't see why it has anything to do with the proposal. COUNCILMAN TOWNSEND: Because we have a contract with you, and you have to authorize any. . MARTIN FLATLEY: We don't authorize the Town of Southold hiring new police officers. COUNCILMAN TOWNSEND. I can't get into it. MARTIN FLATLEY: -I think you already checked with the Town Counsel, and I know there's' other attorneys on the Board also. Do you think this new proposal is going to be a savior to our hiring problems? TOWN ATTORNEY DOWD: The Town will be presenting this as soon as the Town authorizes it to' the. PBA, and that's the person they have to talk to legally before. they.can bring it out to the public. MARTIN FLATLEY: The PBA. still has no input as to hiring in the Town of Southold. It's up to the Town Board to hire police officers for the Town of Southold, not the PBA'. TOWN ATTORNEY DOWD: That's your opinion. SUPERVISOR COCHRAN: The Town Board doe's the hiring. MARTIN FLATLEY: The Town Board does the .hiring. The PBA works in agreement with the Town Board as to the conditions of employment, not how many 'police officers we need in the Town of Southold. COUNCILMAN TOWNSEND: We can't discuss it now. I'll be happy to discuss it with you as part of a meeting. MARTIN FLATLEY: I'm sure .we will discuss this. MARCH 19, 1996 VINNIE TIRELLI, - JR. : This : proposal that we're not allowed to talk about, that we're going -to -be talking about, the Board has to approve before I can even 'hear about it as President, this is going to be discussed at your next meeting, which is another two weeks down the road? COUNCILMAN TOWNSEND: 1 would hope that I could get authorization to submit it to you soon, immediately. .. I'd like to do that. VINNIE TIRELLI, JR. : I'm not doing anything for the next two weeks, anyway, I'd be more than happy to read it. I will be more than happy to submit it to- my attorney for perusal, and I have a meeting coming up on. the 28th, and you can put it before the Board. I agree with what Marty said. This should have come up a long, long time ago. SUPERVISOR CO.CHRAN: Is there anyone else, that would like tom- address the Town Board? Mrs. Heins? JANET HE.INS: Good evening. I'm Janet Heins. I would just like to basically address this to Councilman Townsend. You brought up a new proposal, just like Mr. Flatley said. This has been almost two years. A year ago in February, when they first started to print in the newspaper of all of the possibilities that. Civil Service in the Town of Southold had to remove my husband, from this list, my children and I went to visit Supervisor Wickham in his office. My children brought Mr. Wickham to tears, when they told him what they- thought of 'their father. What I had told them of my husband: I. brought his personnel file, which had never been an issue in the eyes of, anyone. No one seems to speak of the good things, that this man has done, of the years that he devoted his time, and took away from his children, and his wife, to do things for the better of the people in this town, and -in,- the Village of Creenport. At the conclusion of that meeting with Supervisor Wickham, in tears, removing his glasses, he asked my son, who was five at the time, where we lived, what our address was, what our phone number was, and he also asked us if we would be interested in taking back a proposal to my husband, offering him a position in the :Town of Southold in the interim of being hired, as a police officer to do security work. Now, I ask you, is this the same man that then turned around, and concocted all of the things that he has presented to you. My children would be here this evening, if I .thought that it would have been necessary, and each and everyone of them could told you exactly-.what Mr. Wickham said. It's quite contrary to what he prints in the newspaper. Thank you. COUNCILMAN TOWNSEND: Mrs. Heins, I'm sorry for the pain that you have been put through, and Eric has been put through. I don't know what you're talking, about as far as what Mr. Wickham said. That's the first time hearing that. The issue, I think, that if we have this hearing we can just resolve it quickly, and. . JANET HEINS: Then I ask you, excuse me, why didn't the Mayor, who wrote this lengthy letter. to the. newspaper, that was printed, mind you, in both local newspapers, unlike. the meeting that was recorded on in both papers? It was like they 'were at two ..totally different Board meeting. The Mattituck Watchman reports one thing, and The Suffolk Times reports another. We have to start to. wander here, what is the real root to this problem, and Mr. Townsend, I ' can't help but think that you have reason to have a personal vendetta against my family. Guaranteed, I will put my hand on any bible. On one occasion I had to come to you, and speak to in regards to your abusive language, and filthy language on a tennis court. You smirk. My children didn't find it funny, nor did their friends, nor did the other neighbors in the town, when on an afternoon they had to return home, because of that language, and when they ask you to stop, your answer was, where is your adult? Where is the adult supervision? My children don't need adult supervision to go behind our house, and play ,tennis,-,or basketball. That's only part of your vendetta. It goes very deep. Thank you. SUPERVISOR COCHRAN: Thank you, Mrs. Heins. COUNCILMAN TOWNSEND: That's ridiculous. 270 MARCH 19, 1996 SUPERVISOR COCHRAW Is there anyone else who would like to address the Board? (No response.) Hearing none, I would like to end the meeting on just a little. , lighter note. I faxed this letter over to the. Honorable Vincent J. ;: Cannuscio, who is Supervisor of Southampton Town. Dear Supervisor: Cannuscio, It is with great pride and pleasure that I offer my sincerest 'congratulations to you, Coach Carl Johnson, and the . members of the - Bridgehampton Killer Bees basketball team, on winning the Class D State _Championship. It takes a lot of time, effort, and dedication, and many'hours of hard work "to make a winning team, and your boys have shown .that.. height . is. not important. If you believe in yourself, and work as a team, you can realize your goals. Please extend our sincerest congratulations, and best wishes to Coach Johnson, and his very happy team of Killer Bees. Sincerely, Jean. I think it's real nice that the East End has a -New York State Championship team, and on behalf of the Board I sent our congratulations. If the Board has anything to report, make comment? JUSTICE EVANS: I don't know if people are going to be interested in this. Some people want to sell Fishers Island, but we received word today, that Southold received a. $300,000 long term low interest loan for the reclamation of the Metal .Dump on Fishers Island. I can't tell you what that means in exact dollars, but it does save us quite a bit of money on getting this low interest loan. It's provided by the State Water Pollution Controlling Revolving Fund, which is administrated by the New York State Environmental : Facility- Cooperation. So, hopefully, now we can finance the reclamation of the Fishers Island Metal Dump at a low interest rate. SUPERVISOR COCHRAN: Thank you. Alice? COUNCILWOMAN HUSSIE: I just want to supplement what Mr. Tirelli, Sr. , said, about the Grand Jury report. The very beginning of the report the Grand Jury, or whoever wrote it, started out by saying that a great deal of the problems is due to the malfeasance, misfeasance, and nonfeasance of the Trustees in .the Village of Greenport, .and that's where all of our problems stem from. SUPERVISOR COCHR'AN: Councilman Townsend? COUNCILMAN TOWNSEND: I would just like to be able to transmit this proposal to the PBA, and let them consider it. COUNCILWOMAN HUSSIE: Can you wait until I read it at home? SUPEVISOR COCHRAN: I.'d like to digest it too. COUNCILMAN TOWNSEND.: Could we all agree to digest it, because I don't want to delay it any further. COUNCILWOMAN HUSSIE: , By Thursday morning? SUPERVISOR COCHRAN: By Thursday morning. JUSTICE EVANS: Judy, do we have to have a vote, or can we do that informal? COUNCILMAN TOWNSEND: We don't put it in form.. SUPERVISOR COCHRAN; We can do it by phone. - You know if you read it, and digest it whether.or not you're going to support it. COUNCILWOMAN OLIVA: I was thrilled last night when I heard on the TV, that the Killer Bees won. I think it's great for a small school with only like fifty some people, that they , were able to attain a Class D Championship. I think .it was "absolutely marvelous. I'm very proud of them. PAUL SZARA: I'd like to add to that. It's the' only school in, New York State, that has` won six times. SUPERVISOR COCHRAN: Councilman Moore? MARCH 19, 1996 COUNCILMAN MOORE: Nothing,. thanks. SUPERVISOR COCHRAN: Can I have a motion to adjourn? Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 6:32 P.M. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clerk