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HomeMy WebLinkAboutTB-03/08/1994 1 SOUTHOLD TOWN BOARD MARCH 8, 1994 WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd (11 :25 A.M.) . 9:00 A.M. - Venetia -McKeighan, Director of Human Services, . met with the .Town Board to explain a new program she would like to institute; a hotline for abused individuals.. . Through fund raising she has $2,000, which will pay for the installation of a telephone at the Human Resource Center, and the monthly telephone bills for- a long time to come. Mrs. McKeighan explained that the program will be coordinated with Retreat representatives, and she has already identified individuals who will volunteer to answer the telephone,' and open their homes as a secure place. The Town Board gave their commitment to assist with the telephone bills should it become necessary in the future.. 9:30.' A.M. - Ken Komoski and Earl Fultz of LINCT (Long Island Network for Community Telecomputing) met with the Town Board. They explained that LINCT is a regional coalition of nonprofit organizations committed to helping local communities served by WLIW to provide community-wide education and information services. These services are to be to and from homes, libraries, schools, businesses, -community service, religious, and municipal agencies. Corporation of Public Broadcasting. funding will be used to further the development of LINCT-East, a five-town community telecomputing cooperative being formed to serve the education and information needs of 104,000 Eastern Long Islanders. The LINCT-East proposal will serve as a testbed and model for efforts elsewhere on Long Island. Funding in the amount of $1,11,900 has been requested from CPB and will cover the costs of .a LINCT - Coordinator, clerical, communication and publication support, software, and - - -honoraria for learning -and evaluation consultants. The Coordinator will assist with local. telecomputing development, and regional and local fund-raising from Associated Business Communities. • They 'already have $1,000 from ABCs, but need $5,000 to start up. They are not asking for a contribution from the Town, they would like a commitment. That commitment will aid in obtaining donations from individuals in the Southold Town .communities. Supervisor. Wickham said he would like -to see the Town make the commitment, and Board agreed that the' Supervisor should be the one" to: work with LINCT. 10:00 A.M. - _Charlotte Bianchi, Regional Administration of the American Red Cross, - came before the Town Board to accept a proclamation designating March, 1994 as "Red Cross Month._ Supervisor Wickham presented the following proclamation: WHEREAS, the AMERICAN RED CROSS has given round-the-clock service to our military personnel wherever troops are stationed, at home or abroad, standing by the world over to assist them and their dependents; and WHEREAS, the AMERICAN RED CROSS stands ready to come immediately to the aid of people. stricken by flood, fire, or storm, and provides hospitals, , health agencies and physicians with whole blood and blood derivatives, thus greatly contributing to the health of the American people; and WHEREAS, the RED CROSS in Southold Town helps keep our families safe and healthy through training in first aid, water safety and home nursing; now, therefore, . be it — -RESOLVED- that the- month of MARCH, 1994 be known as -"RED CROSS MONTH" in the Town of Southold,- and the Southold Town Board urges all citizens to join in support of our RED CROSS with our money, blood donations and volunteer service. 148 MARCH 8, 1994 10:30 A.M. - Solid Waste Issues. In. attendance: Recycling Coordinator Mary Mulcahy Jackson, . and Solid Waste Coordinator Jim Bunchuck. -There was a' discussion on recycling in Town Hall. The need for containers for glass, plastic, and cans in the public area of the building has been identified. Councilwoman Hussie, Ms.. Jackson and Mr. Bunchuck will work together and purchase the proper containers. Ms. Jackson reported that she spoke to all departments in Town Hall and they are anxious to cooperate. She submitted a report of her findings.--- Councilwoman Hussie put forth a proposal to exercise the extension of the contract for handling and disposal of solid waste. The contract with Star provides for an additional three months, which would take the contract to July. In the meantime she is certain the specifications will be complete to advertise ° for a longer term contract, and awarded. It was agreed that the specifications will have options for a two year contract - one year, plus one year extension, and a five year contract, three years, plus a two year extension.---Supervisor Wickham reported on plans for a Waste' Management Institute to be' held in- Stony Brook in April. A conference or "clearinghouse" for- -the--- mutual advantage and mutual interaction of .all the.. Towns.---Discussion was held with regard for stronger enforcement procedures at the disposal area. Violators are disposing of garbage that is not in the prescribed Town ,Bags. Mr. Bunchuck said a video camera could be installed that would record- the violation, as well as the license plate of the violator. Councilwoman Hussie said the Town Attorney has advised her that the video tape is admissible in court. 'It was agreed that Supervisor Wickham, Councilwoman Hussie, Mary Mulcahy Jackson, and Jim Bunchuck will work together and in two weeks bring to the Board information on the cost of the video proposal, and a proposed broader enforcement program. ---Transfer Station: Supervisor Wickham reported that Jim Bunchuck has drawn up an alternate proposal to the Dvirka S Bartilucci plan - a proposal slightly reducing the.-size of_the proposal. However, before arranging a visit to D&B to go over both proposals, Supervisor Wickham suggested sending a copy to an engineering firm, Fagan Engineering for instance, for an evaluation. He has spoken with Fagan., and the cost would- be approximately .$1 ,000. Councilwoman Hussie cautioned that if-.they do end up with a change, there could .be a significant cost to redraw 'the entire plan. It was agreed (see resolution no. 15) to engage the services of Fagan Engineering for an analysis of the D&B plans. 11 :15 A.M. - Youth Issues. Councilman. Townsend stated that the Youth Exposition has been tentatively set-for May 21st at the Recreation Center. He would like the Board to go forward at this time with approval for a budget for the exposition, rand - appointment of. a.planning committee. (see resolution no. 16) . The Board discussed the proposed ad to be placed in the local newspaper promoting the exposition; and seeking. identification of those individuals/groups that lead, sponsor, or teach,young people in Southold Town. .11 :55 A.M. - Personnel Issues. Discussed offering medical benefits to additional Town officials who would pay for the cost ($490.00 a month for the family plan, -and $220.00 a month for an individual plan) . The possibility of requiring a medical examination was considered. The question was raised about who would be offered the opportunity to join - currently only elected, but why not appointed; then why not part-time? There must be additional study before this can be resolved.---The- Board discussed a memorandum from Board of Appeals Chairman Goehringer advising that one of.-their part-time Clerk Typists will soon be resigning, and a replacement will be needed. The Board put a resolution (no. 17) on the agenda authorizing the Town Clerk to advertise for resumes for a part-time Clerk Typist for that office.--- Authorized. the provisional appointment of an EISEP Aide (resolution no. Supervisor Wickham explained his proposal for the installation of a new telephone line for his office, and transfer of the Town Hall main number, 765-1800, to the Town Clerk's Office, as proposed by the Town Clerk. At the present time many of the calls to the Supervisor's Office must be transferred to other departments; and with a limited staff this is burdensome. The Town, Clerk's Office is better -able to handle the volume and has volunteered to do so, explaining that under the- new configuration of numbers, the calls will level off (see resolution no. 19 authorizing installation of the new. line) .---Request from Assessor Cha'irman Russell for- an- increase in per diem -pay for their Consultant Jack Sherwood. Mr. Sherwood'- not had an increase in four years, and the $4,800 budgeted for his 1994 services will not increase (see resolution no. 20) . 12:20' P.M. - William Araneo, Branch Manager of Suffolk County National Bantk Mattituc.k, and._ President of the Southold Town Promotion Committee, met - with-the Town Board to introduce Gail Marriner-Smith, the new part-time Promotion Director. Ms. Marriner-Smith made a brief statement to the Board. At the conclusion of this meeting, Councilwoman Hussie agreed to be the Town Board's liaison to the Promotion Committee. 12:35 P.M. - Recess for lunch. MARCH 8, 1994 149 1 :50 P.M. - The Work Session reconvened, and the Board commenced discussion on Planning ..and Zoning Issues. Hamlet Density: Lengthy discuss with regard to rezoning certain Hamlet Density (HD) parcels to Residential - 2 acre (R-80) . The parcels in question, were subject -of review, discussion, and a special Town Board Work Session on February 25th. Eight HD parcels -are the subject of the study. (1) Kace Realty, south side Route 48, 1,000 ft. east, of Chapel Lane, Greenport; (2) Geier_ Estate, south side Route 48; 400 ft. west `of Moore's Lane, Greenport; (3) Aliano, south side Route 25, 577 feet east of 9th Street, Greenport; (4) Wolowitz, north side. Route 25, 1 ,139 ft. northeast of Sound Road, Greenport; (5) : Mohring, east side Chapel Lane, south of Route 48 and north of Route, 25, Greenport; (6) Nocro Ltd., northern end of. Griffing Lane, 1 ,076 ft. north of Route 25, Cutchogue; (7) Siolas, south side Route 48, 805 ft. east of Chapel Lane, Greenport; (8) Jem Realty, north side Route 25, 564 ft. east of Sound Drive, Greenport. After lengthy - discussion- Supervisor -Wickham put forth the proposal to rezone to R-80 parcels 1 , -- 2, 4, 5, 7, 8. Parcel 6 in Cutchogue to stay HD, and parcel 3 in Greenport could go to General Business at a later date. Support for the proposal was. received from Councilwoman Oliva, Councilman Townsend, and Justice Evans. Councilwoman Hussie said she . is opposed to change, she is concerned about litigation. Councilman Lizewski said he does not support the -proposal unless they do all of the HD parcels, and then he still foresees massive litigation. A resolution (no. 23) was placed on the agenda to engage the services . of Cramer, Voorhis & Associates, Environmental Consultants, to prepare the Long Environmental Assessment Forms for the parcels in .question. " The Board should be in a position to commence the environmental process at their March 22nd meeting.---Fast Food:- Councilwoman Oliva submitted four proposals for conceptual approval by the Town Board: (1) Create a definition for Formula Food Restaurants, and rename existing definition for Fast Food Restaurants to Take-Out Restaurants. (2) Allow Formula Restaurants in specified portions of "B" General Business zones (that fall under the Shopping Center definition) by Special Exception, and in "HB" Hamlet Business zones by Special Exception. ., (3) Allow the newly defined Take=Out Restaurants in the HB zone by Special Exception. (4) Create a definition for 'Shopping Center. Following discussion, it was,. -agreed the Town Attorney would put,,--the proposal in Local Law form for discussion at a Planning E Zoning Committee to be held on March 18th. Councilman Lizewski emphasized that he would like to have input from the business community on this proposal before moving to a public hearing. 3,:.15 P.M. = Tom Samuels, Chairman of Stewardship Task Force, met with the Board to review the proposals 'from the Task Force on accessory uses at wineries, lobbying the County for open space funding, revisions to bed-and-breakfast ordinance, facilitate shared housing, improve data base on affordable housing, revisions to the sign ordinance.' 'Councilman Lizewski asked that all of the proposals go to the Code Review Committee so there can be public input. Councilwoman Oliva suggested that the. wineries proposal go .to the Planning E Zoning Committee.---Mr. Samuels then reviewed the agenda, and outlined the program for the April 9th hamlet confer- ence entitled, "Southold: One Town, Many Places" . 3:55 P.M. - Supervisor Wickham introduced to the Board Pat Conklin, who he has selected' as a part-time Clerk Stenographer in his office, and who will be appointed ,at. the 7:30 P.M. Regular Meeting (resolution no. 11) . 4:00 P.M. - Policy Decisions. The Board reviewed several more policy decisions (see resolution no. 21) .---Councilman Townsend submitted a proposal from Daniel Karpen, Professional Engineer S ' Consultant, P.C. , who would apply, on behalf of the Town, for a State Energy Office Energy Conservation Grant. it was agreed that before action is. taken on the proposal, Supervisor Wickham would talk to Superintendent .of. Highways Jacobs and Police Chief Droskoski, and possibly seek a LILCO Energy - Audit.---Lauren Grant, . Supervisor Wickham's Secretary, and Chairperson of the Site Selection' Committee for a home for the Aid to the Developmentally Disabled, reported .to the Town Board on the progress of the committee. The -committee -will -be- prepared to.. make a formal recommendation to the Town Board at their March 22nd meeting.---Councilwoman Hussie asked if a procedure could be established whereby Board ..members .can be notified of work sessions and public meetings of the Board of .Appeals, Trustees; and Planning Board. The Town Clerk will coordinate.---. Councilman Lizewski -asked for some reaularity for standing committee meetings. This will, be arranged.---The Town Board reviewed the offer of dedication of a portion of .Rachael's .Road, Mattituck, in the area of a Town affordable housing Project, . and placed resolution no. 22 on the agenda to accept the offer of dedication submitted by Buovodantona Aliperti. 150 EXECUTIVE SESSION 4:35 P.M. - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss litigation. Present: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Town Clerk Terry, Town Attorney Dowd. 5;00 P.M. - The Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. -- 5:30 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held. on March 8, 1994, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Just a reminder about the ground rules at Town Board meetings. We normally have a period prior to adoption of the resolutions for people who want to speak on any of the resolutions, that are before the Board tonight. At the end of the meeting we have an opportunity for members of the audience to comment on anything, that is of importance to the Town Board to know about. We're asking• that you keep your comments brief. There is a fair number of people tonight, and we actually have a timer alarm here tonight to be sure that people do keep them brief. Was it five minutes, ten minutes; that we asked? I believe that is was a five minute period, that each person is entitled to use in addressing the Board, ten minutes for a public hearing, five minutes for a 'regularly scheduled meeting of this kind. Those of you want to know what the .resolutions are tonight, there is a copy of the agenda, with a summary of those resolutions, outside the door. You should all have a copy of it. First of all, we'll ask for•a motion of the audit of the bills. 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 $52;306.52; General Fund Part Town bills in the amount of $13,571 .38; Nutrition Fund bills in the amount of $3,985.64; Community Development Fund bills in the amount of $47,569.98; - Highway. Fund- bills-.in the amount of $1,621 .67; Highway Fund Part Town' bills in the amount of $3,410.18; Waterfront Revitalization bills in the amount of. $366.66; Employee Health Benefit Plan bills in the amount of $7,976.10; Fishers Island Ferry District bills in the amount of $13,563.60; Refuse E Garbage bills in the amount of $58,481 .21; Southold Wastewater District bills in the amount of $70.00; Southold Agency & Trust bills in the amount of $2,200.80; Fishers Island Ferry District Agency & Trust bills in the amount of $358.99. Vote of' the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman 'Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MARCH 8, 1994 151 SUPERVISOR WICKHAM: We have before us minutes of the meeting of February 24, 1994. Is the Board prepared to accept them? Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the minutes of the February 24, 1994 Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR. WICKHAM:- .We have another meeting scheduled for later this month. Moved ,by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the next regular meeting of the Southold Town Board will be at 4:30 P.M., Tuesday, March 22, 1994,at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman - Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. I . REPORTS. 1. Southold Town's Program for the Disabled. 2. Southold Town • Building Department Monthly Report for February, 1994. 3. Southold Town Scavenger Waste Treatment Facility Monthly Report — for February;- 1994. 4. Southold Town Clerk's Monthly Report for February, 1994. 5. Southold Town Recreation Department Monthly Report of February, 1994. 6. Southold Town Justice Price's Monthly Court Report for February, 1994. 7. Southold Town Police Juvenile Aid Bureau Annual Report for January, 1993 through December, 1993'. .8. Southold Town Police Arrest Report for January, 1994. 9. Southold 'Town Justice Tedeschi's Monthly Court Report for February, -1994. 10. Southold Town Dog Shelter Monthly Report for February, 1994. 11 . PUBLIC NOTICES. 1 . Corps of Army Engineers New York District, application of William T. Moller to construct a pier, a hinged. ramp, and a float to be secured to two pilings and one 2-pile dolphin in Horseshoe Cove, Great Peconic Bay- Cutchogue, Town of Southold, Suffolk County, New York. Comments to be received by March 22, 1994. 2. Corps of Army Engineers, New York District, application Francis C. Murphy to construct a fixed timber pier, walk ramp, and a float to be secured to .dolphins. at . Stirling Basin, Shelter Island Sound, Greenport, Town of Southold, Suffolk County, New York. Comments to be received by March 22, 1994. Ill. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. 'RESOLUTIONS. SUPERVISOR WICKHAM: That takes . care of the preliminary business for tonight. We have no public - hearings, and we do have a series of resolutions. Some of you have copies of the .agenda, and summary of those resolutions. Is there anyone in the audience, who would like to speak towards one or more of these resolutions? Yes, sir, Frank? FRANK CARLIN: Frank Carlin, Laurel, from the Carlin Watchdog Group. Item 8 on the purchase of a Supercab Ford Pickup, that was purchase in Sayville, I understand. . We can't seem to purchase anything local at the Ford distributor here, or does the State law require that? SUPERVISOR WICKHAM: Frank, we also asked that question today, as we reviewed these resolutions.ns. We went out to bid, and there was a bid from a local company, and it was close, but it was not as low cost as this one, that's before us tonight. 152 MARCH 8, 1994 FRANK CARLIN: Item 15, transfer station, whatever happened to the one that we started back in the fall? We started to build this transfer station here, and whatever happened to it? It seemed to come to a halt to me, and - - there's. a concrete- foundation there, as far as I see. . Whatever-happened to it? SUPERVISOR WICKHAM: The Town built, beginning in October, a temporary transfer facility, which we're using right now. The DEC has given us ' to understand that that will not suffice indefinitely. That's a temporary station, while we put in place a permanent station. We have before .us plans for a permanent station. Those plans call for a fairly substantial expenditure of money. The purpose of resolutions Number. 15 is to -review those plans, it's like a second .opinion from a doctor, review those plans with another engineering firm to be sure that it is in the Town's interest, and we're not paying for more than we need. FRANK CARLIN: You're using it now, though? SUPERVISOR WICKHAM: No. The new transfer station for which Resolution 15 is addressed has yet to'be built. FRANK CARLIN: Do you have an idea what it's going to cost us? SUPERVISOR WICKHAM: Resolution 15, 1 think, has a set price of $1:,000.00 to review the plans. FRANK CARLIN: To review it? You should know by now how much the thing is going to cost the taxpayers. SUPERVISOR WICKHAM: We believe, that it will be on the order of $200,000.00 to $400,000.00 to build the building, that has been designed, and that's why we want to review these plans once more before we take that plunge. FRANK CARLIN: Okay. You know I think you're aware of, I'm not going to take, much more time here, but I know, I believe you're aware that they're trying to pass a federal 'law by September there will be, if it passes, it could be that there will be no more out-of-state shipping of garbage. You're aware of that, I hope? If that happens it's going to be changing a lot of things around there, I presume. Don't you think so? Well, they are according to Ray Corwin, the Regional Director of the DEC. SUPERVISOR WICKHAM: Alice Hussie and I attended a meeting in New York last week on the Association of Towns at which this was discussed at some length. We also recognize the possibility of that, and indeed, we are looking for ways to dispose 'of solid waste here on Long Island, but we want it to be cost competitive. We want it to be a low cost solution. FRANK CARLIN: But, as you know, there's only five incinerators plants on the west end, and if they come to the point some day, when they can't accept our- garbage, we might have a problem here, so, I think, start looking a little bit forward here. Also, I understand you have a cost of" $80,000.00, according to Mrs. Hussie -there, for the study, but you you have plan proposed to give to the DEC by April 15th, right? The garbage disposal plan, do you have a plan in operation to be given to the DEC by April 15th, am I correct in saying that? COUNCILWOMAN HUSSIE: We have a Solid Waste Management Plan. SUPERVISOR WICKHAM: It has been sent already. FRANK CARLIN: It has been - sent, and you hope that it gets accepted, right? It's a possibility it might not be accepted, right, and if it isn't we go back to the drawing board, right? Okay, I wish you luck. SUPERVISOR WICKHAM: Thank you. Any other comments on resolutions before the Board tonight? (No response. ) If not, would someone on the Board`like to begin? MARCH 8, 1994 153 I .-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 bids for a new 1994 Street Sweeper for the Superintendent of Highways. I .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This. resolution was duly ADOPTED. 2.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board- of the Town of Southold hereby authorizes Superintendent of Highways Raymond L. Jacobs to purchase, from New . York State Bid Contract No. 16612-T, one new 1994 Samsung Model SL150 3-Yard Wheel Loader, at. a price of $77,211 .00. 2.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have before us tonight, as Resolutions #3, a - proclamation being made to -the American Legion, which is celebrating it's 75th anniversary today, and I would like to read that proclamation. It will be actually handed out to the various American Legion posts in the town at some future stage, when everyone is here. But, I would just like to read the proclamation. I have a copy right here. 3.-Moved by Supervisor Wickham, seconded by Councilman Lizeski, WHEREAS, The American Legion, the nation's largest veterans organization, marks its 75th birthday March :15-17, 1994; and WHEREAS, the 3.1 million men and woman of The American Legion continue to serve our nation as volunteers in a variety of worthy efforts; and WHEREAS, the citizens of the Town of Southold, in the County of Suffolk, appreciate the many community projects undertaken by the men and women of Griswold-Terry-Glover Post No. 803, Burton Potter Post No. 185, Raymond Cleaves Post No. 861, and Alfred R. Grebe Post No. 1045; and WHEREAS, this devoted service to our community continues to benefit a diverse public through such programs as American Boys State, American Scholarship Programs, and many more specialized efforts; and WHEREAS; the volunteer spirit of the members of Griswold-Terry-GloverPost No.803, Burton Potter Post No. 185, Raymond Cleaves Post No. 861, and Alfred R. Grebe Post No. 1045 is fitting of - recognition by all citizens of- the Town of Southold, County of Suffolk; now, therefore, be it RESOLVED that the Town Board of the Town of Southold do hereby call upon all citizens to observe March 15-17, 1994 as the 75th birthday of The American Legion, and commends the volunteerism, community spirit, and dedication of the men and women of Griswold-Terry-Clover Post No. 803, Southold, New York, Burton Potter Post No. 185, Greenport, New York, Raymond Cleaves Post No. 861, Mattituck, New York, and Alfred R. Grebe Post .No. 1045, Fishers Island, New York as outstanding examples of commitment to their community.: Dated: March 8, 1994. SUPERVISOR WICKHAM: Is there anyone here from these posts with us tonight? (No response. ) This was read out, and it will be made, and presented to them on the appropriate .day for their service to the community. 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: This morning we had another proclamation for the American Red.. Cross where the month of March is set aside as. dedicated.-to the Red Cross as a special recognition to the work, and achievements of that organization has played nationally and in this town. We had a Charlotte Blanche. She was the Regional Administrator of the Red Cross here to receive that this morning. She couldn't be here tonight, so we presented it in the morning. 1 5 . MARCH 8, 1994 4.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes _ the following budget modification to the General Fund - Whole Town 1993 Budget to cover additional services provided pursuant to Town Board resolution of December 7, 1993 for Local Waterfront Revitalization Project not included in capital projects fund chargeable to the General Fund. To: A1010.4 Town Board, Contractual Expenses $ 4,500.00 From: A8540.4 Drainage, Contractual Expenses $ 4,500:00 4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution.was duly ADOPTED. 5.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints -- Charles Martin Krause as a -part-time Gate Attendant at the Southold- .Town. Disposal Area, effective immediately, at salary of $6.50 per hour. 5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supevisor Thomas Wickham to execute agreements with the following individuals or businesses for the Spring 1994 Recreation Programs, all in accordance with the approval of the Town Attorney. James Barney (drama) $20. per hour Shirley Darling (tennis) $16.00 per class( [ hour class) East End Insurance(defensive driving) $35.00 per person enrolled Tom Fox(cartoon drawing) $22.50 per class( 1 .25 hour class) Daniel Gladstone (music) $30.00 per class( 1 .25 hour class) Hidden Lake Farms (horseback riding) $175.00 per person enrolled Paul Hunter (gardening) $17.00 per hour Eleanora Kopek (arts & crafts $16.00 per class(1 hour class) Mary Mooney-Getoff (Chinese cooking) $25.00 per hour Jennifer Moore (portrait drawing) $18.00 per hour Valentine Stype (basketball) $15.00 per hour JoAnn Terkowski(folk dancing) $16.00 per hour Aileen Rosin (aerobics) $20.00 per class 6--Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved .by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Wickham to execute an agreement between the County of Suffolk, acting through its duly constituted Office of the County Executive/STOP-DWI program, and the Town of Southold, for the STOP-DWI funding for enforcement activities by the Southold Town police personnel, effective January 1, 1994 through December 31, 1994, at a total' contract amount of $12,100.00; all in accordance with the approval of the Town Attorney. 7.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 8-.-Moved by Councilwoman Hussie, seconded by Councilman Lizeski, it was _ RESOLVED that- the Town Board of the Town of Southold hereby accepts the bid of Sayville Ford, in the amount of $16,799.00, for supplying one (1) new. 1994 Ford F-150 Supercab Pickup for the Bay Constable, all in accordance with the bid specifications. 8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman. Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. MARCH 8, 1994 155 9.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bay Constable Kent McCarthy and Andrew Epple to attend a Marine Law Enforcement Training Seminar from May 9 through 13, 1994, between the hours of 8:00 A.M. and 5:00 P.M. each day, at the SUNY Stony Brook campus, and the $20.00 registration fee per attendee, and necessary expenses for -travel and meals shall be a legal charge to the Bay Constable's 1994 Budget. 9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman . Townsend, Councilwoman Hussie, Councilman Lizewski Supervisor Wickham. This resolution was duly .ADOPTED. 10.-Moved by.Justice Evans, moved by Councilwoman Olvia, it was - RESOLVED that-the -Town Board of the Town of Southold hereby grants permission to two (2) Public Safety Dispatchers to attend a Two-Day Powerphone Emergency Dispatch Seminar, sponsored by the East Hampton Village Police Department, on May 5 and 6, 1994, from 8:30 A.M. to 4:30 P.M., and the $204.00 registration per attendee, and necessary expenses for travel and meals shall be a legal charge to the Police Department's- 1994 Budget. 10.-Vote of. the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman - Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 11 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia Conklin as a part-time stenographer for the Supervisor's Office effective Thursday, March 10, 1994, 17-112' hours per week, at a salary of $7.61 per hour. 11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, "the resignation of Thomas Riley, Assistant Cook for the Southold Town Nutrition Program, effective March 5, 1994. 12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, ' Councilman Lizewski, Supervisor Wickham. This resolution was 'iduly ADOPTED. 13.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED. that the Town Board of .the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1993 Budget to cover overdrawn appropriation for a heater at the Highway Department welding shop: To: A1620.4. . Buildings & Grounds, Contractual Expenses $ 1,000.00 From: A1640.4 Central Garage, Contractual Expenses $ 1,000.00 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED.- 14:-Moved by Councilman Lizewski, 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 an Assistant Cook for the Southold Town Nutrition Center, 35 hours per week, ,$8.02 per hour. .14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 156 MARCH 8, 1994 15.-Moved, by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Fagan Engineers to review the plans that have been prepared by Dvirka & 'Bartilucci for a Transfer Station at the Southold Town Disposal Area, at a cost not to exceed $1,000.00. 15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly- .ADOPTED. .16.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that - the .Town Board of .the Town of Southold -hereby sets Saturday, May 21, 1994, Southold Town Recreation Center, Peconic. Lane, Peconic, for a Youth Exposition., allocates a sum not to exceed $1,200.00 for expenses to be incurred for publicity and arrangements for said Exposition,- and be it ' FURTHER RESOLVED that the Town Board . hereby creates a Youth Exposition Planning Committee, and appoints the following individuals who shall serve on said committee without compensation. Isaac Kaplan Three other students from local schools (to be identified) Mark Cagen Jean Cochran Southold Town Recreation Supervisor Kenneth Reeves Southold Town Community Development Director James McMahon Southold Town Councilman Jospeh L. Townsend, Jr. Shelly Scoggin Eileen Kapell Robert Costantini Anne McDonald Alan Connell Walter Krupski Sue Kreilling Margaret Brown . 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of theTown of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a part-time Clerk Typist for the Board of Appeals, 17-1 2 hours per week, $6.82 per hour. 17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 18.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Elaine Schortemeier provisionally as an EISEP (Expanded . In-Home. Services for the Elderly Program) Aide, 17-1/2 hours per week, $5.50 per hour, effective March 9, 1994. 18.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 19.-Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the installation of a new telephone line to the existing system at Southold Town Hall, at a cost not to exceed $282.05. 19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 'MARCH 8, 1994 1 5 7 20.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase in the per day compensation of Assessor Consultant John Sherwood from $100.00 to $125.00, effective January 1, 1994, provided the total compensation for 1994 does not exceed $4,800.00. 20.-Vote of the Town Board: ' Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor`Wickham. This resolution was duly ADOPTED. 21 .-Moved by Councilwoman -Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms, and/or amends the following Town Board Policy Decisions: POLICY WITH RESPECT TO LATENESS RESOLVED that when an employee is absent without authorization for any length , of time; no matter how de minimis , and ' where the relevant department ' head determines that there is no satisfactory excuse or legitimate . explanation, the employee shall not be compensated for such period of lateness, and a corresponding deduction shall be made against the pay period during which the absence occurs; said determination shall be reduced to writing by the department head. POLICY WITH RESPECT TO WORK/STUDY STUDENTS RESOLVED that the Town Board of the Town of Southold hereby establishes .the policy, which has been practiced in the past, that Work/Study Students are excluded from the C.S.E.A. Contract, and shall not be entitled to 'benefits, or receive credit for time worked for the Town of Southold. POLICY WITH RESPECT TO EMPLOYMENT ADVANCEMENT RESOLVED that the Town Board of the Town of Southold hereby establishes a policy that they will consider promotions' for those Town employees who are duly qualified for such promotions by virtue of Civil Service designation. POLICY WITH RESPECT TO SALARY GUIDELINES - RESOLVED by the Town Board of the Town of Southold that year-round, part-time employees shall be hired at the following rates: Clerk $6.30 per hour Clerk-Typist $6.82 per hour Clerk-Stenographer $7.61 per hour Justice Court Clerk $7.61 per hour Account Clerk $8.40 per hour ,Data Entry Operator $7.87 per hour Custodial Worker $6.56 per hour These employees shall be eligible for per hour percentage increases comparable to, those of the CSEA contract and at dates provided for in that contract. 21 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22.7Moved by. Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the offer of: dedication submitted by Buovodantona Aliperti,of a portion of Rachael's Road, Mattituck, all in accordance with the terms for offer -- - of dedication- -as executed by Supervisor Thomas Wickham and Buovodantona . Aliperti, dated March 3, 1994, as approved by the Town Attorney. Description of the portion of Rachael's Road is as follows: Beginning at a 'point on . the southerly side of Rachael's Road, said point being distant 320.00 feet westerly from the end of a curve connecting the southerly side of Rachael's Road and the westerly side of Elijah's Lane;* thence westerly -along the southerly side of Rachael's Road South 51 degrees .21 minutes 10 seconds West 67.47 feet and along the arc of a curve bearing to the right having a radius of 175.00 feet and. a length of 135.64 feet; thence northerly across Rachael's Road North 5 degrees 45 minutes 43 seconds East 50.00 feet to the northerly side of Rachael's Road along the arc of a curve bearing to the left having a radius of 150.00 feet and length of 96.89 feet and North 51 degrees 2.1 minutes 10 seconds East 67.47 feet; thence southerly across Rachael's Road Southold 38 degrees 38 minutes 50 seconds East 50.00 feet to the point or place of beginning. 158 MARCH 8, 1994 SUPERVISOR WICKHAM: This resolution will, if adopted, transfer to the Town a portion properly. of road, which will enable the Town to maintain that - road 22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, __- Councilman . --Townsend, Councilwoman Hussie, Councilman Lizewski; Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Cramer, Voorhis 8 Associates, dated March 8, 1994, at a total sum not to exceed $1,200.00, for the preparation of Long Environmental Assessment Forms for six (6) proposed rezonings to be undertaken on the Town Board's own motion. .23.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 24.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of one (1 ) new plain paper fax machine for Southold Town Hall, from Twin Forks Office Products, at a cost of $1,995.00. 24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: That completes our resolutions for tonight. There's been a very patient audience out there, while we've gone through these things. You've heard what business we transacted today. I might add that about a third of these resolutions were prepared late this afternoon, and our Town Clerk, I don't think you had any dinner, did you? TOWN CLERK TERRY: No. SUPERVISOR WICKHAM: Has gotten them all prepared for us with a real level of efficiency. What would you like to speak about at this time? Are there people in the audience, who would like to 'speak? Yes. We have a person on the left. ED SIEGMANN: Ed Siegmann. First before I say what I want, I want to make sure that everyone understands, I'm in favor of doing anything you can for the youth to, either, keep them out of trouble, or to take care of them when they get into trouble. But, I've read some articles in the paper lately, that I think is giving the Board a bum rap in reference to how they're handling . the situation on proposing what to be done for the youth, and the money to be spent, and the reason I say this, I just want to take one school district alone, that's the Mattituck-Cutchogue School District. They spend $336;202.-00 each year for four guidance counselors, one psychiatrist, and one part-time psychiatrist. They also spend $201,408.00 for extra curricular activities for the youth, which is a total of $537,688.00. This is only one school district, that's spending that kind of taxpayers' money. When you move to all of the other school districts, and add what their spending, you're talking somewhere in the figure of a million and a half dollars, that is being spent by the taxpayer for. guidance counselors, psychiatrists, . and recreation, things to keep the youth busy, and I congratulate the Board for taking the position, that they are, that they want to look at all these things first before they determine . what they're going to do, as far as the youth program is concerned, because I think it would be a mistake, either to duplicate any of the programs, that are already in effect, or not to use some of the organizations, that are already in effect to take care of the . problem for youth, and when they get into trouble, and you know better than I what those organizations are, and therefore if you continue along those lines, you will eventually come out with a program for the youth that's worthwhile, and not spend the taxpayers' money foolishly. Thank you. SUPERVISOR WICKHAM: Thank you, Ed. I wonder if this would be an appropriate time to ask if there's anyone on the Board, who would like to outline briefly the resolution, that we did adopt tonight, regarding youth. MARCH 8, 1994 159 COUNCILMAN TOWNSEND: I guess that's directed at me, Tom. Awhile back the Town B_oard decided it would be a' good idea to, perhaps, have a survey done of all the activities,. that are offered in the --town; private, public, by schools, individuals, and put them in a brochure, so that people in the town know what's available. Along with that, we thought it might be in the spirit of, you -know, town cooperation and communication, to have a exposition of these activities. Consequently, I got together a small working committee of a few people, that have started making a list, filling survey forms of the activities that are available. The goal is to have a big event, where we will have everybody in a booth, or a table, and show the community' what is available, provide the people, that are running these activities with both potential members, and volunteers. Also, give these people an opportunity to review what they do, and put it down in a graphic form, so that people can see what they do, and give the town a chance to review what kind of support is needed. We thought we would have the meeting in the morning, an exposition in the morning, and people come, and see what is available, and then in the afternoon session we would have a meeting of the members of the people that participated to see how the Town could better service these activities through facilities, perhaps some help with insurance, outright funding, and so shortly you'll be seeing an announcement in the paper asking for people, that are either involved in activities now, run activities, or have an idea for an activity, or want to support an activity, to contact us, and we've expanded the committee somewhat, so that we can more effectively do this. Basically, we're hoping -- we'll have a festive spirit, a spirit of cooperation, and -a strengthening--of the recreation environment in town through those people, that are now doing it out of personal commitment. SUPERVISOR WICKHAM: Thank you, Joe. Are there any other comments from the audience tonight? FRANK CARLIN: Does that five minutes also apply to the Town Board? SUPERVISOR WICKHAM: Yes. Absolutely. FRANK CARLIN: I'll start now. Southold is ahead in recycling. I read this in the February issue of our local newspaper. You make it look so rosy, that we are recycling less than Riverhead Town, but we're not taking into effect, or into account, that how much, and we think that there's not much illegal dumping. Well, remember back in November, when the merchants were complaining from Greenport, and Mattituck, and Southold, that there was illegal dumping going on in their dumpster. It was so bad, that they had to put a padlock on it. It was seen in Baiting Hollow at one time right in the newspaper here, that it was a commercial truck with a Southold logo on illegally dumping. It was also said in the newspaper here, that it was seen on Edwards Avenue illegal dumping, so let's not try to give the people --- in -Southold Town,. please, _ the impression that this .recycling program is.-so - —_- - great, because let's tell it the way it is. These are facts, and no one in here, or anybody on the Town Board, is going to tell me that they monitor over 200 miles of highway . in this town, and there is no illegal dumping. Let's not try to make everything look so rosy. Tell it the way it is. SUPERVISOR WICKHAM: Alice, do you want to tell it like it is? COUNCILWOMAN HUSSIE: No. Go ahead and tell it like it is. FRANK CARLIN: For my five minutes, I'm allowed two more after you. Go ahead, ma'am. COUNCILWOMAN HUSSIE: Finish, Mr. Carlin. FRANK CARLIN: No, I'm all finished. I proved my point, I think. .16 0 MARCH 8, 1994 COUN.CILWOMAN HUSSIE: I'm sorry, that I can not agree with you entirely just because it's written in the paper. , I think that 'one of the things is that a lot of people are much more aware of illegal dumping, and unfortunately illegal dumping has been going on, even before we put the bag program in effect. We are trying very hard to do as many things as we possible can to prevent this. One of the difficulties is the fact that when a citizen sees someone doing this illegal dumping, that citizen does not want to become involved. I get calls. The Police get calls. Anybody else gets calls, but the person who has seen it does not want to become involved, and yet without that actual seeing of it, it's it very hard to prosecute that sort of thing, because the third party comes along, and says, somebody said that you dumped something here, and the person says, what do you mean? You weren't even here. It's not something that we are entirely ignoring, but we're trying to. find the best way to do it, to do it fairly, to do it legally. I regret that there are- people in the Town of Riverhead, ' who feel, and I think it was in the same article, that you are referring to, who feel thata lot of garbage from Southold is winding up in Riverhead. I don't know what to say about that, except I'm not entirely in agreement with that. I would much rather see it, than just hear it from somebody. SUPERVISOR_ WICKHAM: Thank you, _ Alice. I would just like to _add to that. Today the Town Board addressed the question of enforcement of the dumping, and illegal dumping rules in this town. We looked at it very carefully, and our Solid Waste Coordinator is going to draft some plans for us, and at our next Town Board meeting, we're going to take on several different proposals to deal with it. I don't think, that the problem of our solid waste going to Riverhead is a serious problem, but I do think it's happening to some extent, and we want to control it, so we're going to bring out some proposals, that we think will help us to deal with it more fully. FRANK CARLIN: Tom, I respect that, and I realize that, but you know, also, there was found in Laurel Lake area where. there was illegal dumping, but to make a survey in this time of year in November and December, which is the winter months, we should make that more in the summer, and then you can tell . how much recycling you got. When there's more summer people here,. then you can make your comparison. I'm not saying, they are: in Riverhead or they're not. I see what I read here. Do you understand what I'm saying here? So, we can always make everything look so rosy. I'm the type of guy like my friend Judge Edwards said one time. I say it the way it is, and I don't care if anybody likes it or not. Let's say it the way it is, and be honest with ourselves. That's all I'm asking you. COUNCILWOMAN HUSSIE: One interesting point, Mr. Carlin, Southampton Is considering. using a bag or a tag system. Doesn't need any comment, just thought I'd let you know. FRANK CARLIN: If I had more than five minutes,, I could discuss that. Someday I will, but you know what bothers me, Tom, a little bit? I have to admit this. I don't know, it's sitting right in front of it there. When we have to go so far as put a timer on the Board meeting, I think we're think we're getting far out of range here. You know, people from other towns can see it on TV. Please. SUPERVISOR WICKHAM: Thank you, Frank. Thank you for being with us. COUNCILMAN TOWNSEND: . Can respond to that last thing? Frank, the reason we had to do that is, because our Supervisor is so softhearted he can't bear to tell people, when they've been talking past allotted time, so you basically forced that on us. SUPERVISOR WICKHAM: It was a help to me. Is there anyone else in the audience on the left side, who would like to make a comment? Anyone in the middle, who's here who would like to address the Board on any topic tonight? .MARCH 8, 1994 - 16 YVETTE MELLENDER: My name is Yvette Mellender. I live in Mattituck. I would like to address Number 7, a discussion of fast foods. I just wrote a few things, and I was here last night. They did open up the meeting for us to speak, and Mr. Ward, I want to thank him for being the gentleman, that he is. We wanted a change in government. We have always listened, and watched, and voted on the issues. In fact, if you see our car it's sports for the first time ever, because I don't believe in bumper stickers, a bumper sticker that says United Southold for a Change. We were here last night. There were about 200 people here last night, and the site plan was up front, but almost all of those in attendance addressed the inappropriateness of the Burger King in our town, rather than the site plan, which is what the meeting was all about. Those of you who were here yesterday, please bear with me while I read my statement, because those of you who I would like to hear it again, where not here last night. I'm sorry. When they had the public hearing on McDonald's somebody sitting near me said, how , long has your family lived in Southold Town? Joe and I are first generation family out here. We left homes, and job, and children, and moved east to this rural area, this paradise. I travel fifty miles each way to my job. because when I get. home I feel like I am in the Garden of ,F-den. 1 . read recent)y;- that the North Fork is a state of mind. It is--a--way of life, that we. should all fight to maintain. We love and support our local businesses. We do our share of restaurant eating, and never found a lack of eateries. Let's consider our community, and let our voices be heard in protest against this, and all fast food proposals, and let's give three cheers for our North Fork hamburgers, and the Elbow Room, and the Half Shell Republic,. and Fishermen's Rest, and Dougherty's. That's it. SUPERVISOR WICKHAM: Thank you. Are there other comments, that people would like to make to the Board tonight? Yes, there's, a lady in the back. CATHERINE B. HARPER: My name is Catherine B. Harper, and I beg the Board's indulgence and understanding, and this is my security blanket, and I'm going to have to read because I have good heart, but not to I tape change) which graces the entire North Fork, and I can't help the pride that I feel, but in a greater sense every community member brings something special to the neighborhood, and I question the endowment, that Burger King with it's who's kidding who, colonial facade. I question the endowment that it's going to bring to our community. I believe that Burger King will give us a late night hangout with many temptations of criminal mischief. I feel that Burger King will give us pollution, that will assault the senses. There will be no farm fresh smells coming from there, and further more a lot - of pollution will deprive many of the grandeur of the nighttime sky, which I -- currently enjoy. But, these are almost small items in the face of the greater issue, that Burger King compromises our town's character, and worse than that, I really feel that Burger King will pave the way for the rest of the fast food life, and they will compound a negative contribution to our community. Last night Mr. LoGrande proposed a year long moratorium on fast food establishments, and I really .think that's prudent and wise. Mr. Wickham, last November you counted on everybody in the Southold community to vote out good old boy politics, and we didn't let you down, and we won't let your ticket down, because we believe that you , represented the quality of 'life that we all value in Southold. Now, we the community are counting on you to meet the challenge of preventing the triumph of a onset of convenience at any cost, and if Burger King really means it's slogan of, have it your way, I'm , appealing to you, please, please, say no way, and hold the onions. SUPERVISOR WICKHAM: Well, that a hard act to follow. I do have some comments, and I know other members of the Board do, and we think we understand what brings you here tonight, and I can't say, that we can answer all those questions. I wonder, though, if before we start responding if it wouldn't• be appropriate to hear a few more people. There may be other comments, and we'd be able to respond a little better. Frank, . _ do you have _just a brief comment? FRANK CARLIN: More than anybody else I'd like to go up. SUPERVISOR WICKHAM: You've been there, so let's come back to you after we've had other people. Linda Levy? 162 MARCH 8, 1994 LINDA LEVY: My name is Linda Levy, and I live in Peconic, and just to make sure it's understood, I'm not speaking on behalf of anyone besides myself tonight. You just said, that you thought you had a good idea of why people are here tonight, and I just though maybe I would let you know what my understanding is, which is that last night the Planning Board had- a hearing, a public hearing, on the Burger King application. Actually I was a little bit disappointed, that no one from the" Town Board went to that hearing, because since you are, or at least you said, that you are considering a change in the fast food law you might have wanted to hear -what was transpiring for an application, that's happening right now. But, anyway, as a result of that meeting people were quite upset. They felt that they needed to . see a stop to .this Burger King, and they were told quite clearly'.by the Planning Board, and quite correctly, that the Planning Board can't stop it. Only the Town Board can, and that's why people are here tonight. The Planning Board has accepted the application. Under the -- - current -Town Code, that Burger King -is permitted- in that --zone. The--only way it can be stopped is for the Town Board to do something. Since a lot of. the people are unable to come tonight, I was asked to bring you the petitions that resulted in this hearing, that was held last night. There are about 350 names here, and I have an additional fifty that I can't give you, because I have to make copies of them before I- give them out, but this is for your records. In the months since the announcement of the Burger King application, there have been many meetings, and newspaper stories, and most importantly an election has been held. I say, most importantly, because during the course of that election campaign the failings of the Harris administration were symbolized for many people by the hollow promises regarding outlawing fast food restaurants. When McDonald's tried to come to town we were promised, this won't happen again, we'll change the law. The law was never changed, and Burger King submitted it's application. Within a month of it's submission the North Fork Environmental met with the Town Board requesting the long awaited Code change. Three of you were on that Board, and Ruth, you were in the audience cheering us on. To state the obvious, no Code change was proposed. As the campaign progressed, so did the Burger King application. The issue of fast food restaurants was addressed by the Stewardship Task Force. It was addressed in a candidate survey by the NFEC, and it was addressed at the candidate's debates. Most of the people here, tonight, have dutifully - -- attended hearings- by the Planning Board, only to be told that -the Town - Board is only body, that can prevent the development of the Burger King through a change in the Code. It has always been known, that the need .for a Code change to restrict fast food is. not only for the future, but if at all possible to the present application of Burger King. I, myself, have had discussions with the majority of you on this Board about the need for that change to happen. The people of this Town have already been promised, that the McDonald's application was -a very last time, that a fast food restaurant would ever have the opportunity to apply under our Town Code. Now, the new Town Board is promising us, that Burger King will be the last one, soon we'll have a new Code. Yet, you have stalled in even presenting the language for this new Code for over two months. Another hollow promise. A moratorium, as was suggested last night, and as people here have been asking for, could be passed much more quickly than an elaborate Code change. Then you would have a full six month, or maybe even a year, to quibble over the language, and over your fears, that maybe somebody might get mad. Well, your fears have been realized, because we are mad, and even more to the point, we're saddened and disappointed, because nothing has changed at Town Hall. SUPERVISOR WICKHAM: Are there other people in the center here, who would like to address the Board? JIM HICKEY: Mr. Wickham, my name is Jim Hickey. I live in the former residence of Frank and Betty Jane Murphy, which you should be familiar with. SUPERVISOR WICKHAM: Frank and Betty Jane? The former residents? JIM HICKEY: Yes, they don't live there any more. I do. Are you familiar with the plans, that were here last night? SUPERVISOR WICKHAM: Roughly. Yes. MARCH 8, 1994 163 JIM HICKEY: The alleged fire lane on to Old Main, why is it twenty feet , wide? SUPERVISOR WICKHAM: I don't know the answer. JIM HICKEY: I do. To allow two way traffic. Supposedly there's going to be 500 cars an hour at peak time, going in each direction on the Main Road. Eighty-eight of. them are supposed to go into Burger King. If these cars were to go west, how would they get out of there with that volume of traffic? There going to come out the back, get dumped onto Bray, have to travel south to Peconic. That's the only way out of there. Why isn't there going to be 'a fence on three sides like all the others? Can you- answer-that? SUPERVISOR WICKHAM: I can't answer it, because this Board and I haven't been responsible for those plans, and we haven't reviewed them in detail, but I would be interested in your analysis. 'JIM HICKEY: I'm an ex Police Officer for thirty years, and as you know Old Main Road has a blind curve right where I live. How could a fire truck respond to a fire, and make a right turn without turning over, and Mr. Ward; last night, he agreed that the fire truck would come from the Main Road, and make a left turn. So, all that is, is a ploy. Apparently, the Combe family, that was the selling point to Burger King, dual access from two roads. You're not fooling anyone with that alleged fire lane, and I also voted for United Southold to be swept in, and the bottom line is they can be swept out. That's all I have to say. SUPERVISOR WICKHAM: Other comments tonight from the audience? There's a woman from the back. CYNTHIA HALSEY: I don't think that the people who put the chairs up here realized people are sick. I'm Cynthia Halsey. I was here last night. was the one that talked about stinking chimneys from bad grease drifting down onto other -people's properties, and I'm sure it all on -that beautiful - tape they had. I'm object to franchises of all kinds, that are national, and international, ' because it puts you at the mercy of that lovely thing known as the corporate culture. If culture can be called. If you look at fast food alleys anywhere, particularly in Riverhead, you'll find that although those franchise appear to be different, they .actually all belong to one or two very large international corporations, and the one last night is said to be headquartered in Britain. I'm not sure about that. It was— or or is, part of Texaco, which also has Taco Bell, and Kentucky Fried Chicken, and all those other lovely aids to indigestion. However, I don't think :we should be welcoming that sort of thing. I think it injuries everything ; in the economy of this town, not just the aesthetics, which are a part of the economy of this town, what is politely known. as the bottom line, all your property values, how people make their livings, or how they don't, why you want to welcome other people to the town, or whether they want to come, or whether they don't, depend on the atmosphere you give them. That's some atmosphere. Also, I never thought of a fast food restaurants as a temptation to vehicular crime. • People say the young people want these things. Last night they said, save us from attacks by vandals in cars, and you're thinking about what you want to do for youth, I think you should keep Burger King, and all of it's kind away from us, and a moratorium on building would be a very good way start. Thank you. ALICE MURPHY: My name is Alice Murphy. I'm sixteen from Greenport. Now, last night it was made very clear I was made very clear by Mr. Ward, that our opinion didn't seem to make too much of a difference, but I'd like to say before I go home, .that we are the youth, and we are the people, who will be here in the future, and you have to live with the choices, that this Town -makes today, and just because we're not old enough to vote we should be heard, also. I don't see it. I don't feel that a Burger King is needed, when there is one fifteen minutes up the road in Riverhead. We have all seen how disgusting Riverhead looks, and the crime rate in Riverhead, not that it's much less here, but do we need that in Mattituck? Mattituck through Orient are the last places on Long Island, that you have nice scenery, and when I grow up, and I bring my children back here, I hate to think of coming back here, and seeing a Burger King, a McDonald's, a Wendy's, and . when people, who make these corporations see that a Burger King can be built here, they're all going to know, and with all the open land, that they can also'-build here, and I'd be very ashamed of everyone in the town, if they let--it be built. I know .I wouldn't want a Burger King or any fast food restaurant in my backyard. 164 MARCH 8, 1994 SUPERVISOR WICKHAM: Any other comments from the audience? There's a gentleman in the back. FRED JENS: You remember me from last . night. Fred Jens. Mattituck. The minority in this room, we've got a lot of people fighting for the deli. I fault both the people in the room, the Board sitting before us, and previous Boards. As a twenty-eight year resident in this town, it's seems we are both politically, and as citizen incapable of deciding what we want in this community, until someone proposes it. Many assessments have .,been made for a Master Plan. We have to protect this group. We have to protect that group. We have to get used to citizen's rights'. The politicians have to be worried about being re-elected. I'm i n favor of Burger King for the pure sense, that the zoning permits. Where were your minds, a lot of you in this room are old enough, ten years ago to prevent the evolution of this coming about? Where's a foresight in this community? Someone owns a parcel of property. It's zoned, change of zoning prior to the fact. We're fire fighting in this community. Let's stop being fire fighters. It's the citizens and politicians jointly, that are responsible for the position we are in. SUPERVISOR WICKHAM: Are -there other comments? There's a lady on the left. CAROL BIRCH: Hi. My name is Carol Birch. I also spoke last night, and I'd like to repeat myself. First, I'd like to say that I learned in school that history is .going to be repeated unless we learn from our experiences. I moved to Southold to get away from the fast food life style. I like this location, and what I see here. I lived in Deer Park, and moved there when it was a two lane road like the Main Road here. There were big tall trees that shaded the road, and the Department of Transportation came in, and they widened the road, and there are a lot of fast-food restaurants in Deer Park. When you ride down Deer Park Avenue, you don't know whether you're in Massapequa, Deer Park, Islip, you could be anywhere. I would really hate to see that happen here. The other town I lived in was New Hyde Park, and similarly to this town, they had a McDonald's that wanted to come in, and they had to promise that they would build a colonial style building on Jericho Turnpike. You're shaking your head, no. SUPERVISOR WICKHAM: I've seen it. CAROL BIRCH: You've seen it. It's a shame, and it also has stopped traffic. Jericho Turnpike is a busy street, a lot like the Main Road, lots of cars turning left, and turning right, and it backed up traffic terribly in that section of New Hyde Park. I also would like to ask a question. I'm here two and a half months. I understand the bottom line is money in a lot of cases. I'd like know if Burger King would help our economy, or hurt it? If businesses go—the small mom and pop delis, and that type of place go out of business, won't that hurt our small economy more than one cooperation, that's going to take the public out of the town? I really feel that the bottom line in a lot of businesses, and a lot of places. The bottom' line is money, and economy. Aren't we hurting ourselves? Thank you. SUPERVISOR WICKHAM: Thank you. Citizen from Orient. FREDDIE WACHSBURGER: Freddie Wachsburger. It seems to. me that the first time that anything happens anywhere it's a real watershed, and I think the first fast food place ' to open would be a very significant, symbolic change, and it's .so much easier to not do that first thing, the first time, than to try and deal with the consequences. I can understand that a lot of people feel it's important to have a place that's inexpensive, where you can go with the kids. It seems to me, that there are some very good examples of places like that already, which are local, run by local 'people, which profits stay local, and who hire people at decent wages, not just minimum wage, which most of the fast food places do. It seems to me kind of misleading, when people talk about all the jobs, that fast food MARCH 8, 1994 165 places might provide, when one realizes, what the salary scale is, that they offer. There is some terrific places. You always sort of say, wow, we're passing the Modern Snack Bar. You know you get sort of a feeling of joy, when you pass it, and I think of all the times that I've driven to towns in New England, that are supposed to be wonderful towns, and you go to see the beautiful architecture, and ' as you're driving in, you see a McDonald's or Burger King, you say, oh, too bad. It's too late. We should have gotten -- here- earlier.- I - wouldn't like to think about people having to- say that, as they enter Southold Town. Thanks. SUPERVISOR WICKHAM: Are there more comments. on this side of the room? MARK HARROUN: How are you doing? My name is Mark Harroun, and don't know,, this is a touchy subject, You know, you kind of feel both ways. You love Southold Town, and it's a quaint little, not built up area, and everything, Anyway, the last time I drove to Riverhead, it was about a half hour, and the last time I ate in the Elbow .Room it was pretty expensive, and you know, I love Joanthony's burgers. They're great. I have .a Big Mac; or a Whopper every once in awhile, too, and every time Vm traveling, you know, those McDonald's, those Wendy's, that's where I go, but I really don't know what to say. I don't think that a McDonald's or a Burger King would be the end of Southold Town., if that happened. I would like to see McDonald's, because, nothing against the local establishments. They're great in my eye, but they are pricey sometimes, and you know, being young, and not having a whole lot of money McDonald's is in my budget. Thank you. SUPERVISOR WICKHAM: Any other comments? There's a blue sweater in the back.- BRUCE ISAACS: Bruce Isaacs from Cutchogue. Relative to the fast food situation, I think that one thing that the Town Board can do fairly quickly, and without much controversy is something that was promised to us by the Harris administration a while ago, and that is, to at least change the Code to at least ban drive through restaurants. The last Supervisor .said, that the former Town Attorney couldn't define the difference between drive through banks, and drive through restaurants, but I think that the new Town Attorney could probably do that. I think this would be an easy first step, at least to show that the Town Board does understand what's going on here tonight, and it would be a step in the right direction anyway. I'm also in favor, of course, possibly, if you can do it, a moratorium on fast food for a few months, so you can take your time, and discuss what you're doing now, but thanks a lot. SUPERVISOR WICHAM: Are there other comments? Yes, sir? BEN COUTTS: My name is Ben Coutts. I'm sixteen, a junior in Southold High School. I really don't feel that we have a use for a Burger King. I like, personally driving around, seeing the scenery in the wintertime. There's snow on the trees, not covered with all cups, and whopper wrappers, and bags. I like the summertime, seeing the same thing, you know, going to the beaches, looking at the water. My friend and I can walk down, and watch the sunset, you know, seeing a clean beach. _ 1-hate to see restaurants, like Joanthony's and John's. lose business to a fast food restaurant. The traffic out here, because we have a lot of tourists come out here in the summertime, and the traffic would be. .the traffic is unbearable now, can you imagine all the tourists in the summertime getting something to eat. I feel that Southold and Mattituck is a beautifultown, and you should leave it that way. SUPERVISOR WICKHAM: Thank you. Any other comments? SHELLY SCOGGIN: My name is Shelly Scoggin, and I've said this to the previous Town Board, .and I can't believe I have to say it again. I am a business owner in town, and tourism is what keeps me alive, and every tourist that comes in my store talks about how quaint and beautiful our town is. I think they come here to get away from everything, and McDonalds, and Wendy's, and the way to get them to spend money locally it's to keep it looking like a place, where you want a vacation, not like Riverhead. SUPERVISOR WICKHAM: Thank you. 166 MARCH 8, 1994 HAZEL FUNKE: Good evening everybody. My name is Hazel Funke. I'm property owner here in Southold three years, and I do come from the south, . and yes one of your main attractions is that you are a beautiful _ little town. - It's._ really- hard to find that kind of life style anymore, but 1 want to say that I agree with Mrs. Oliva research, and do hope you Postpone Burger King, or any fast food place getting in. I'm not interested in hurting the restaurants that we have, that are catering to a small town like Southold, but if anyone does any research on 'McDonald's, or those kind of place, you'll see that their service people are machines, and they're future technology are machines, that give you change and say, goodbye, and medically speaking the kind of industrial food, that's served by these kind of establishments, have been proven to cause heart stress on our youth, that at ;the age of twenty their hearts look like forty-five year old men that have worked hard, and I hope for interest of our youth, that we adults look to their future, besides the fact the mark you- might make for these people like Burger King. Thank you. SUPERVISOR WICKHAM: Thank you. Anymore? The .lady in the middle. K-ELLY CAPPA: Hello. I'm Kelly Cappa from Southold, and I'm seventeen. I could repeat everything that's been said. I just have one thing to bring up. The fast food restaurants thrive on volume, and the only time we really have the volume to hold them is during the summer. Are they going to be a seasonal restaurant? We're just going to have an empty building there in the winter, -so, I don't see how it's conceivable to you to have them there. SUPERVISOR WICKHAM: Thank you. I think we're back to you, Frank. FRANK CARLIN: Can I make a quick statement here before I go on the .time limit? SUPERVISOR WICKHAM: Sure. FRANK CARLIN: Maybe you have a little sense of humor here. You know the last time about McDonald's, I come up here, and said, I feel like a Rambo up against an army division. Well, in this Burger King case, I feel like a Hoag Coggins trying to take on a tag team match here, but anyway I'll see what I can do. I think the mistake we got here is when the Town Board got vacuumed into this issue, because once you got vacuumed into this issue it becomes a political issue, and you know yourself, as well as 1 do, what a political issue can do. Now, is a fair for a man, who owns that property , that's. zoned business, and you come along after you do this, and say you've changed the Zoning Code to prevent him from selling that property, or renting it out, because we don't want a fast food restaurant in the area. Is that fair to that man, who owns that property? In my opinion it. isn't. If we're going to go along, every time we have a problem in the this town, and fall back on changing the Zoning.-Code for -a - crutch, then we might as well -throw the Master Plan out the door, and I've got one thing to say to Michael LoGrande. Where was you when they were putting up all the fast food restaurants on Route 58 ohm Riverhead? Now, back to this. I know he was, the famous founding father. I remember that one, back in 186. 1 won't discuss that tonight. I want to say one more thing. We should use the system. Zoning Board of Appeals rules on a fast food restaurant by no window. The Planning Board has it, and they're planning on it. We use the system. If we were to build the McDonald's six months after that, it would have be forgotten about. People would have gone on their way, because time heals, and I'll tell you one. more thing I've been wanting to say this, that -if people in this town would have seen that we have better water, less nitrates, iron, better garbage system, let's face it, it needs improvement, reduce our school taxes, we'd be a lot better off. hope when this is finished, it's finished, but let's do it in a fair way, but .1 got an idea how this is going to come out. When I mentioned Political. and 1 know enough about politics how it's going to work, but we should have used the system we have in our Town Hall here, the Board of Appeals down to the Planning Board. Thank you very much. MARCH 8, 1994 167 --- - SUPERVISOR-W-ICKHAM:- We've heard a- lot of comments tonight: It's going -to ---- be very difficult for me, and I'm going to set the clock myself now. It's going to 'be very difficult for me to kind of pull this together, and so what I would like to do is outline some broad comments as to the procedure that the Town Board has followed so far, a little bit of clarification regarding a moratorium, clarification about the role between the Town Board, and the Planning Board, which the people have alluded to, and then I'd like to invite other members of the Board to give their views, because on an issue of this kind, inevitable there's diversions of opinion, and we need to take all of that into account. So, I'd like to begin very briefly. First of all, I believe, I'm going to speak for myself, and other members of the Board can comment as they wish, or not, but I believe, and I think it's the consensus of the Board, that it probably would be illegal to outright ban fast food restaurants in the town. We don't think it would stand up, and we don't think it would be an appropriate thing to do for that reason. Having said that, there are a number of things that the town can do, and what we can do, and what zoning specifically provides for, are opportunities to restrict uses to particular zones in the town, and the suggestion has been made on several ' grounds a number of times, that perhaps the zone where the. Burger King has proposed, may not be a particular appropriate zone, and so early in January, when the new Board came into office, one of the first things.. of the agenda was to review the suitability of that particular location .-for a_fast food restaurant. We've gone through a number of discussions on it. It has been on our agenda for two or three regularly scheduled Town Board meetings. It has the explicit subject of at least one meeting of the Planning and Zoning Committee, but I'll let the people on those committees speak to that in a little while. The Board has taken very seriously, we've had, by the way, a number of other distractions, and issues on our plate that we've. also had to deal with these first few months, but the issue of a fast food restaurant is' something that the Board has been very concerned about from the .beginning. Before. I get to the action, that we are moving towards, we have not yet made a commitment to take it. Before I .describe the steps that we're taking, and where we're going, I'd like to comment briefly on the distinction between the Planning Board jurisdiction, and the Town Board's jurisdiction. It was said earlier tonight, that at last night's meeting, some comment was made to the effect that the Planning Board really has no jurisdiction of these things. It's in the hands of the Town Board. The way I understand these things, the Town Board adopts the Zoning Ordinances, and the Zoning Map, and thereby adopts the restrictions as to those places in the town, and those Special Exceptions, and conditions, under which a fast food restaurant can be ,cited in various parts of the town. It's the job of the Planning Board to rule on specific applications in accordance with the Code, so when an application comes before the Planning Board it is obliged to go through the procedure, and to rule, and to vote according to the merits of their case, and according to the Town Code as it currently exists. So, I think the Planning Board is doing a, I should say a straight forward, and honest appraisal of that application, as it's come forth, and I suppose in due time; and I don't know when, it will render a decision. This Board has .a policy, that ,we don't normally entertain discussion from an applicant, who is currently before the Planning Board, or before the Zoning Board, or some other Board, so we have kept hands off, which we believe is the appropriate posture to take, these to be a bona fide application, which is before another Board. . Having said that let me now outline what the Town Board has been moving towards, but I don't want to give you the impression tonight, that we are poised to it. In fact, there is some diversions of you on the Town Board, and one of the reasons it taken this long, is we have tempted to integrate these views, and tried to come to a consensus, or agreement, as to a proper position with the fast food business, and to be very brief, and succinct, we have redefined fast food in a clinical way, that we believe would separate fast food restaurants from your mom and pop; or deli. First, you have to be able to define, and we now have a definition, that I think would probably apply effectively, and would effectively screen out other areas. Secondly, we have identified, we have proposed, when I say, we, it's the Planning and Zoning Committee of the Town Board, has proposed to the Town Board at it's meeting today, and at another meeting eleven days ago, almost two weeks ago, when the Board last — met, a proposal - that would restrict the formula food,' - or -fast food -- restaurants to two types of zones in this town. One of them would be in the shopping centers themselves, we currently have two shopping centers, and the other would be in the downtown parts of our Mattituck, Cutchogue, Southold, Greenport, and the hamlet centers, the downtown centers, and 16 8. MARCH 8, 1994 incidentally, the area currently applied .for by Burger King, is not one of those downtown, so called hamlet business locations. So, if the proposal, that is currently under consideration by this Board, were adopted;if that proposal were adopted by this Board, it would not be possible for Burger King to establish it's operations at the site, where they now propose. I'd just like to close very briefly. There's some questions. A couple of people have raised the question as to whether those of us, who were elected in November, have a commitment to these issues, and to try to manage, and to control an innovation, such as fast food restaurants in this town. Each one of us will have to answer- that ourselves; and I can't speak for anybody else on the Board. I will speak for myself. I have many reservations, and I have promoted, frankly, , a restriction of where they would placed, but, represent not only a constituency, that I hope voted us to office, in form or another, I represent the whole town, and I think I have a responsibility to try to get the views of everybody in the town. In January we inherited this issue. I . know that the old Board had said that they would do something with it for a long time, and it really didn't, and in January we started in, and we tried to integrate the views of lots of people. We've heard some of those views tonight. Even though there are different on the _ town Board, _and. _instead of just trying to ram something through, we have. made an effort to go kind of slowly. Looking at it tonight, it's been painfully slow, and many of us could wish it had moved faster. Other people may wish it would move slower. It's a process we are reaching consensus. It hasn't yet been reached. It may never be reached. We have scheduled at the next meeting of this Town Board, and an intervening meeting of one of our standing committees to deal with it before that time. That's about all I'll say. I can come back to it later, if there are questions, and Ed, I'd be pleased to entertain your question, but I wonder if I should give an opportunity to other members of the Board to amplify your comment of what I've had to say. Ruth? COUNCILWOMAN OLIVA: I'd like to give a little background, too. It was something that . was handed to us by the previous Board, who had three years to do something. It did- nothing. When this Board came in, we did seat down, and try to decide what were we going to do. We looked at other Codes to see how they had restricted their areas, when they did not want fast food restaurants, because basically, and I've spoken to Planning authorities on this, and legal authorities, you can not just ban them. You can't restrict trade. So,, the key was to come up ,with a definition, that we found acceptable, and that we thought would stand up in court, and thanks to some. research, and some very good people, we camp up with a definition of a formula restaurant, and I think that's an excellent definition. So, then we said, okay., we have this definition, but ,in our Code Book, .it says, restaurant, drive-in, fast food. If we leave that drive-in category, that is going to outlaw our pieces, our Mom and Pop delis, and what have you. So, we are proposing to put restaurants, take out, which will include :all those other people. Then, we said, how can we not deny a fast food restaurant, but restrict it in a place,, that we think we can control, and may or may not be attractive to people, that want to put in fast food restaurants. So, we came up with a proposal after much discussion, about allowing them in hamlet business with a special exception. Again, ladies and . gentlemen, do not think of hamlet business as it is today. We have to think about it as it might look five years from now. We have said, that our goal is to put the development in the hamlet areas. We want to encourage our Mom and Pop businesses, that are in these areas for our tourist economy, so we therefore thought, if we must have a fast food restaurant why shouldn't it be in the hamlet areas? Why make it in a .business area, that's stuck out there, and draw all the traffic there? We want the traffic, and/or the transportation to come to our hamlet centers. So, if we must have one, or if there even will be one, at least when they come maybe they'll walk . around to the other shops, or the Historical Society, and so forth. That was one plan. Second one, the idea was proposed were we have these shopping centers. They're not really the most attractive things that we have in town, and maybe, that would be a good place, if a fast food restaurant would -want--to even put something there. But, -at--least it would - be in there where there is parking, where there are other shops, and again, they could still walk around to these other shops, so we thought, MARCH 8, 1994 16 9 fine, we'll .do this. We had a discussion at Planning and Zoning last Friday. We came to more. or less a consensus (tape change) Committee at 5:00 o'clock on March 18th, which is a Friday afternoon , to discuss the legislation. I welcome to see any of you there. Moratorium has been brought up. Many years ago, I was a proponent of moratorium. We got the two acre zoning instead. I would just like to remind everybody, with a moratorium we have to go through the whole SEQRA process in order to enact a moratorium. It is like a local law. It will take a month to six weeks. We can have this proposal, if everybody agrees on the Board: The four of us agree in the six week period. So, why prolong something with a moratorium for a year or six months, when then the Board can say, well, we have a moratorium, we have a lot of time, and we're going to drag this on, and on, and on. I would like to see it come to a resolution in the next month to six weeks,, and we try to do the best we can to accomplish the goals, and that is at least to restrict them where we want them, and that is my position. Thank you. - SUPERVISOR- WICKHAM: Alice, do you want to comment? COUNCILWOMAN HUSSIE: Yes. I do. I'm sorry, Ruth, that you mentioned the previous Board because in that I have to say something about that. This problem of fast food restaurants has been with us for a number of years, and although the last Board was unable to come up with any legislation, that was agreeable, or acceptable, I have not been sitting around doing nothing, and I have looked, searched far and wide, up and down, from East to West, North to South to find some definition of a fast food restaurant, that would be something—not even a definition, to find a way to ban fast food restaurants at all. However, in the United States we have free speech. .We, also, have free enterprise, and it is against the law to ban a fast food restaurant per sec. . , I have to disagree to a certain degree, that calling a fast food restaurant, a formula food restaurant, is just renaming the rose. It's not going to change anything. I,also, object strongly to even considering putting it in to the hamlet centers. We have an awful lot of traffic. We are going to put all sort of things in the hamlet centers. I don't think a fast food restaurant belongs anyplace, and it certainly doesn't belong in a hamlet center, and as for putting it in a shopping center, I can't agree with that. Two of the things that were bantered about, and argued, and proposed as reasons, that we should not have a fast food restaurant, was garbage. The other was traffic. Certainly -- -- relocating a fast- food restaurant, or a formula food restaurant -is not going to alleviate either of those problems. A moratorium, I'm just going to say one thing, and that is, you can't have a moratorium on one piece of property, for one company, or something like that. It has to be a class, or a group of properties, like all business. So, if we did a moratorium, it would require that all businesses, all business stop building: That's all. SUPERVISOR WICKHAM: Thank you, Alice. Anyone else on the Board? Louisa? JUSTICE EVANS: 11m. just sorry that people feel that we haven't been doing anything. I feel that we've been trying to act responsibly. Instead : of jumping in with new laws, we've been trying to find ways to at least, my opinion of trying not to have fast food, so i do agree with Alice, that I don't think it's legal to completely ban them, but we're trying to do it in a responsible way, so whatever kind of legislation we put in is going to stick, and is going to work, and not going to get the town in trouble, and we end up with a lot of fast food restaurants. We're trying to find a solution, that's going to be long term, and it takes time. You can't just change -it overnight. A little aside on the garbage issue,. I heard someone complaining about, you know, we don't want to see all these fast food wrappers here and there, well,l hate to admit that people on Fishers Island - - litter. We -don't -.have _ fast foods out there. We see coffee cups all the time, in the woods, the sides of the road, and that to me, is people problem. I mean, it's litter, but that's just a little side that I have. SUPERVISOR WICKHAM: Joe, do you have comments, that you would like to add? 1 .7 0 MARCH 8, 1994 COUNCILMAN TOWNSEND: I'm the Chair of the Planning and Zoning Committee where this thing .has been the subject of intense discussion, and unfortunately, I have to admit to the prejudice' a lot of you have, that basically don't like fast food restaurants on several levels. What it does to my body in terms of the weight, so forth. It's not that it doesn't taste good, and the way they look sometimes. They tend to have bright, inappropriate colors, and big huge signs with buckets on them, and stuff like that. All those things, I think we all associate with fast food restaurants. Unfortunately, like most prejudices, the law forbids you from indulging these 'prejudices. In this instance, it's zoning laws. You can guide it. . .You can control where they go. You can even control the appearance, which is what we hope to do. Alice said, she didn't think they belonged in the hamlet centers. My personal opinion, and this is personal, is that if you put them in hamlet centers, you promote foot traffic to them, and not. car ._traffic, which -will enable the whole hamlet center to be- more- enlivened, because there will be more people walking around the hamlet center. It may not be as attractive to fast food owners, but it does serve a planning purpose to scale. It would be smaller. To get on to the moratorium thing, I took some heat in the last campaign for proposing a commercial n?oratorium, when the Master Plan was proposed, so I'm familiar with the process of moratorium. The problem. is we're talking about something, that has gone through all the steps necessary. I have not paid too much attention. I have not attended Planning Board meetings, as you gladly pointed out. I think it weakens our case as a Board trying to move on a overall change on a Zoning Code, if you attend a meeting, where your Zoning Code is definitely going to affect that. I think you're going to have to show that you're considering the entire town, not just one application, but I do know this application is almost all the way through. We are perhaps one curb cut away from final approval. A moratorium, in my opinion, not only as Ruth pointed out, would not take a lot less time than the application, I mean ,than our Change of Zoning would take, but it also will probably be unsuccessful, because they've gone too far in my opinion, based on the way I understand moratoriums are legally applicable. So, basically, I'll finish with saying that my goal will be to move this thing. We may not 1 have a total majority in our decision, but it will be moved, and it will happen as soon as we possibly can. SUPERVISOR WICKHAM: I'd like to just summarize. You've heard a little bit of flavor tonight of the diversion of views within the Board. There's nothing surprising about that with six independently minded people, there are going to be different views. Maybe we've taken too long to try, and pull. them together: I really can't say. What I can say is that at today's Work Session the Board agreed that two weeks from today, we would take up a resolution. I can't judge, I can't predict how it's going to be voted, as Joe just said, but the sense of today's discussion that we would prepare a resolution for adoption, or consideration, two weeks from tonight, dealing with fast food, and the shape of that resolution, and the language of it will be prepared at a meeting on Friday, March 18th, at 5:00 o'clock in this room, and you're welcome to attend. The current direction of our thinking is to. restrict fast food restaurants to two locations, one. is shopping centers, the other is the hamlet business in the downtown hamlet areas. Both of these are by special exception with a list of criteria, and restrictions. Amongst those restriction is no drive through windows in both cases, and a series of other restrictions. There has to be adequate parking, signage, advertisements. Advertisements shall not be affixed to the windows, and so on, and so forth, a number of these kinds of restrictions. That is the current provisions, that we discussed today, and which the Planning and Zoning Committee, which Joe Townsend chairs, will take up on Friday, the 18th. It may get revised at that meeting, but in one fashion or another, I am quite sure we will have a resolution to take under consideration for possible adoption on fast food restaurants two weeks from today. I know there's a lot more that could be said, ladies and gentlemen. This isn't the end of the saga, I'm sure. I wonder if there are other subjects, or other topics, that people would like to raise. Ed? MARCH 8, 1994 171 ED SIEGMANN: I don't want to get away from the topic, and I want to point out something to you, think ahead. You know, we gave last Board 1,100 signatures from Mattituck, asking for a traffic light in front of the A&P Shopping Center. The Traffic Department turned us down. The A&P, the fellow who owns, Cardinale, who has the A&P Shopping Center refused to pay to have a light put in front of the shopping center, and all I can say to you, we only have two shopping centers, that I know of. That's the A&P Shopping Center, and. the King Kullen Shopping Center. If you put a fast food restaurant in the A&P Shopping Center, we'll never get out of there. COUNCILWOMAN- OLIVA: Ed, -you have one in there now. - You have- the - - Subway. ED SIEGMANN: Yeah, you got the Subway there. We have the movie house there with six or eight movies, that you can go in, the bank. In the summertime, you try to come out of that A&P shopping lot, you can't get out of there, so I'm saying, if there's ever a fast food restaurant put in that shopping center, you'd better have a traffic light on one end of it, and a traffic light on the other end, that works in unison, stops the traffic, and permits the people to come out of the shopping center. SUPERVISOR WICKHAM: Thank you, Ed. I think you've made a good point. If the town is successful in concentrating a lot of the development in the hamlet centers, there will have to be real changes in traffic patterns, and how we live in the hamlets. There's a person in the middle. DEBBIE SILAWSKAS: Hi, I'm Debbie Silawskas from Mattituck. I just have one concern, when I hear that, you know, they'll be able to go in a hamlet district on the strip malls. COUNCILWOMAN OLIVA: No strip malls. _-- SUPERVISOR__WICKHAM.: Shopping centers. _ - - DEBBIE SILAWSKAS: Shopping centers. Okay, well; we do have some strip things going on. SUPERVISOR WICKHAM: Excuse me. We would not want. . DEBBIE SILAWSKAS: I know, but is there anything to prevent anymore of the strip kind of thing, that has gone on, on the North Road? COUNCILMAN . LIZEWSKI : I hope to be bringing up work on that. I've looking into what the Town of Islip, and other places, have done to stop strip malls, and I expect to have a large amount of information, but our plates been pretty full. I don't think that this has anything to do with putting them in strip malls. We have no intention of having Burger Kings, or McDonald's in strip malls. DEBBIE SILAWSKAS: I was thinking ahead. JUSTICE EVANS: The definition of shopping center and strip mall are two different things. DEBBIE SILAWSKAS: Right, but I would also like to see, and you know, maybe, not naturally along with this resolution, but I would, also, like; to see a stop to that kind of development. SUPERVISOR WICKHAM: Right. Joe Lizewski has brought that measure to our attention. If only we can get to it with all the other things that are immediately in front of us. I think that will be one of the next things. COUNCILMAN TOWNSEND: There's only a couple small things you have to do to change it, length of building, and variable setbacks could eliminate the whole strip zone. It's as simple as that. DEBBIE_ SILAWSKAS: Okay, how would we stand legally? Maybe the Town Attorney, how do you legally deferentiate? If you say they can go in shopping centers, how do you deferentiate a shopping center from a strip thing, that has three or four stores? 172 MARCH 8, 1994 COUNCILWOMAN . OL'-(,1yp: Just quickly, using a shopping center is designated, I'll just give it off the top, is a group of retail, and service businesses, which have an integrated architectural, and site plan design, and which have an anchor tenant consisting of either a supermarket with a minimum of X square feet of sales area, or a department store with a minimum of X square feet of sales area, so that takes strip malls right out of it. DEBBIE SILAWSKAS: That's what I was concerned about. SUPERVISOR WICKHAM: Thank you very much. FREDDIE WACHSBURGER: Could I have a clarification? Talking about the possibility of putting fast food places in hamlet business districts, I immediately imagine McDonald's on Village Lane in Orient. I mean, is that possible under this kind of consideration? COUNCILMAN TOWNSEND: If you had adequate parking and cesspools. 'COUNCILWOMAN OLIVA: Do you have adequate public parking for at least five hundred feet away? FREDDIE WACHSBURGER: Well, who knows what could happen. Suppose you wanted to create parking at the Historical Society for business, so that becomes parking which would enable. . COUNCILWOMAN OLIVA: Public parking, that would be private. SUPERVISOR WICKHAM: Friday, March 18th, we'll be discussing all of these technical provisions. Be grateful to have your input. - Yes, sir? BOB O'BRIEN: Bob O'Brien, Main Road in Laurel. How would this effect the hamlet of Laurel business district? We have three stores there now. COUNCILWOMAN OLIVA: We'd have to look and see what it's zoned. I think one of next projects, anyway, as Debbie pointed out, is strip malls. It's the whole idea of business zones. We have things, that are really not conforming uses. They aren't were they're supposed to be, and things are supposed to be where they shouldn't be, so that is our next big project, and that's going to be a big project. BOB O'BRIEN: Thank you. SUPERVISOR WICKHAM: Yes, sir? FRED -JENS: I don't want to stay with Burger King, but I do have one quick statement on a Burger King issue. Generally fast food restaurants do not create traffic. They rely on a existing traffic. They do create parking problems. Next time I'd like to move to number 8 discussion of the Stewardship Task Force hamlet meetings. I read in the paper that, they were considering having just. one meeting, instead of the group meetings. Has that been settled? Is that correct? I'm kind of objecting to the one meeting. It kind of limits everyone's participation, especially on a weekend with business people. SUPERVISOR WICKHAM: The recommendation of the Task Force, that they put to the Town Board today, was that, they would like to have one meeting called, Southold One Town Many Places, and though there would be one place, the meeting would be actually be concurrently with separate meetings for Orient, East Marion, Greenport, Peconic. FRED JENS: All one day in one location. SUPERVISOR WICKHAM: Now, the Board raised the same questions, that you did, and' the response was that if there seems further interest after that time, we would encourage them to hold additional meetings of some kind in those different hamlets afterwards, but initially there's one meeting called ,Southold One Town Many Places, and that's to take place on Saturday, April 9th in the Southold High School. You'll be hearing a lot more about it. It's a very important meeting. Yes? MARCH 8, 1994 173 HAZEL FUNKE: Hazel Funke, again. I just wanted to raise the point. I realize that development is really great for our tax roll, but I'm hoping, not that I'm formal supporter, because I have a lot of reservations about some of the things that happened under the administration, but I do think - that if there's any- possibility that you can influence homeowners in--this- town to be able to have their development taxes, say when you make an improvement on your home, if you can have it rolled back, or follow the kind of suggestion, that he did recommend in the latter of last year, where the taxes and the, increase aren't paid up to for like, I think, it was like ten, twelve years. COUNCILWOMAN OLIVA: Eight years, I think, eight to ten. HAZEL FUNKE: I know that as a new family here we're strongly in support of that, because we are good citizens. We pay our taxes, but we're a young family, and it's very difficult to meet some of the rising costs, and I just came from a School Board meeting, and you know, the children do cost, and buildings costs, so if you can help us out. SUPERVISOR WICKHAM: You know, if you came from a School Board meeting, you're the right person for me to respond to. We looked into exactly that issue, because I thought it sounded a very good issue, .and one that's important for the town, but. when we looked into the fine print, the rollback on taxes, or the reduction, of. taxes, would apply only to the town portion of our property taxes. It would not apply to our school taxes, nor would it apply to the portion of our taxes that goes to the County. So, the _ .. Town. portion. of" our taxes is only something on the order of fifteen. or-so -- percent of the total tax, that we all. .pay, and there were a few other restrictions there, that made it sound much less attractive, to us, that we originally thought, and so I haven't pursued it. I'll be glad to talk to you about it afterwards. We all recognize that the school taxes are by far the dominate part of the tax rolls. Some on the order of 650, 70%. If that one were to be included in the Governor's proposal, I think we'd bring it very quickly, and very forcefully. HAZEL FUNKE: Well, some of the contracts that go on, they affect us so long term, and I know as a parent, I would like the best for my child, but I'm quite willing to make a few sacrifices, and live a, say, a less expensive life style, and give -my child more time on my own personal basis, but if there's any way that you can take into consideration, parents can do more for their children. We can support in the future if needed, maybe parents can volunteer more, but the same thing can effect us in the taxes. If we can afford to have new businesses come in, and help them out, and maybe make it, appealing for them to bring their businesses here, I hope that during your administration, you can find ways to make it more appealing for homeowners to improve their property, maybe with less restrictions,- because I know when I get my dog this summer, so that I don't get ..a:`firearm;. 'I don't want to have to build a cement foundation with running .water, .and have a hundred dollar minimum tax. increased,-- because. I took: out 'a:'permit; and I know from investigation, that .each permit, that's what l was told; each permit was $100.00 minimum increase on my taxes, and strongly disagree" with that- kind of making money off of the townspeople. - 1:don't'know:;much about the last Board, but I know that McDonald's didn't make -it`.in'`here;'`so I -s-upport all of you, and I did vote for you,' so I think you'll„do a great job. Thank you. SUPERVISOR'. WICKHAM: ' With that, I wonder if there are members of the Board;• "who would like to make any closing statements, or have we heard enough statements for tonight? 174 4 MARCH 8, 1994 COUNCILMAN ' LIZEWSK1: 1 want you to realize, that a couple things - basically ,-came through-tonight at this meeting. We all do have a little bit of difference on how this thing is going to operate, and what we really want. One of the things, that was basically said was that there's a very strong opinion by this Board, that Burger King can be stopped at this time. There's. a ''doubt that it can be stopped at this place in time, where it is in it's process and application, so, if that's a premise to ,work from, the next premise :is'• if Burger King was to come in, what are going to do to make surL�Ahat, more Burger Kings '-don't come in? At the present time in Southold' Town- there are probably three or four place, that actually meet the criteria for.. a Burger., King, that's, three acres under Special Exception in this town, that's`business zoned. There are very few parcels of land, that are really available °for Burger King to come to this town. I think by increasing the -- areas; by`"-putting -them into hamlet business areas, and putting them into shopping' center by right, you may be increasing the opportunity for these places' and giving them actually more scope than what they presently have under - Special Exception, because when you say Special Exception, the Board that-you have in power-, the time it comes in, or the people you have in" that •office, make that decision, so, you know, you all feel that you're going'to be here forever, and when ,you make a decision it's going to stay, but`, yowl, .don't know what the personalities ten years are going to be for, who's 'going to, be up here, and who's going to make that decision. So, I have;w li'ttle,.question about how many do we really want to let in? Are we - really 'increasing the amount of place where these people can -go? Maybe, - if - we're going to say that Burger King definitely going to come in, and we're- not going to be able to stop them, maybe the other places that are available . aren't really suitable, and they wouldn't come to them, because of the demographics, or the location, and maybe that's an area, that 'we ought to attack: •'So, by increasing' this thing, by putting it in the hamlet business areas, and giving them the right to come into the shopping centers with the traffic, and the other problems they have, I don't know if we're moving, I know. we want to move, but I don't know if we're moving in the right direction to actually shut off fast foods, and the amount that we want. We want'-to', develop these hamlet areas, and the idea of hamlet places, where people'''are going to come for tourism. I don't know if I really want a _.. McDonald's",ln.: Cutchog_ue hamlet. I don't know if I want one in Southold hamlet ;,-'and `there are places, that may be already built, that these places could `-go` into;-`"and escape some of these Special Exception laws. I don't know but`;Tjust think it's` some food for thought to think about these hamlet . deniers' actual ly being increasing the 'amount of areas, that you can put fast food.­,restaurants, and not decreasing them. So, those are the questions that lay in my mind. Thank you very much. SUPERV.ISbR WICKHAM: Alice? Anyone on the Board? (No response.. ) Thank'.you #or your participation tonight. Ruth, has a motion to adjourn. Moved' by Councilwoman Oliva, ' seconded .by Supervisor Wickham, it was RESOLVED: that the Town Board meeting be and hereby is adjourned at 9:25 P.-M. Vote of, the Town Board: . Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor',Wickham. This resolution was duly ADOPTED. Xudith T. Terryl� Southold Town Clerk