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HomeMy WebLinkAboutTB-12/17/2002SOUTHOLD TOWN BOARD GENERAL MEETING December 17, 2002 7:30 P.M. A Regular Meeting of the Southold Town Board was held on December 17, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman William D. Moore SUPERVISOR HORTON: Good Evening and welcome to the December 17 and final meeting, final public Town Board meeting of the year, that ! am aware of, unless a special meeting is called for some unforseen reason. Would you please rise and join with me in the Pledge to the Flag. For the knowledge of the public, we have several reports and communications that are always available at Town Hall between 8:00 A.M. and 4:00 P.M. Monday through Friday, should you care to view them, they are available at the Town Clerk's Office. Policy for the Town Board, prior to voting on the resolutions that are on the printed agenda, we will offer the floor to members of the public that would care to address the Town Board on those specific resolutions. ! ask that when you do address the Town Board you utilize one of the two microphones placed at the front of the room and that you state your name and place of residence clearly for our records. As well, after the voting of the resolutions we will offer the floor to members of the public that would like to address the Town Board on town related business. With that being said, ! would like to, before we get started too far along we have an award and ! would like to call the members of the Conservation Advisory Council forward. We would like to present this. This is an award that didn't come down actually from the Town Board, it came from those far above us. It is an environmental project award, that has come down from the State, the State Agency. And as most of you probably know, the Conservation Advisory Council sometimes serves as an advisory Board to the Trustees but ! think over the years they have cultivated their charge and their mission and carried out their duties in such a fashion that they are more than just an advisory council to the Trustees and ! believe that the Trustees depend on the CAC for their input and as well, participation and this project award actually speaks of that participation. The Chairman, Bob Ghosio, Scott Hilary, who was a former Chairman and very instrumental in the work here, Lauren Standish is clerk of the works for the entire Feather Hill complex, as well as the Trustees and the Conservation Advisory Council and Nick Dickerson is the, the title for you is the Youth member but in all actuality ! would refer to Nick as just another member of the Board. And this actually, this award notes Scott Hilary, former Chairman, Bret Hedges, Jason Petrucci, who is off to college now and Lauren Standish. As well, the members here, Bob Ghosio who is the current Chairman, Mel Morris, Drew Dillingham, William McDermott, Nick Dickerson. This project award is presented because of an extensive amount of research that the CAC has done, mind you, at a very, very modest compensation. Basically, a Town Board Meeting 2 12/17/02 volunteer Board. In recognition for the research they have done supporting the Trustees that has actually helped the Trustees bring to light the necessity to reinforce many of our wetlands codes. So this is a real honor for the Town to recognize the CAC doing such a fantastic job and working so hard and the Town Board has discussed on several occasions expanding your role beyond wetlands and further inland so, Congratulation. We appreciate it and if you would like to say anything briefly to this award, please feel free to do so right now. BOB GHOSIO, CONSERVATION ADVISORY COUNCIL CHAIRMAN: Well, I think it was quite an honor. Every year, the New York State Council on Conservation Advisory Councils recognizes several groups around the State for various projects that were done. This is the first time as far as I know, that the Southold CAC embarked on a project that they developed themselves, a research project anyway, and went out to basically see how we were functioning in our town as it related to land use on the wetlands. And to be recognized the first time out is really a surprise, so we are honored to be recognized by the State Association and we are all glad to do what we can do there, to help bring to life some of the issues that need to be addressed in this town. I don't need to tell anyone that the wetlands and the marine life and the baymen that we have in Southold are one of our biggest assets of our economy and our way of life and the our Board is really tuned into trying to work with the Trustees and the folks in the town to try to maintain the most that we can from our assets. SUPERVISOR HORTON: Thanks a lot we appreciate it. Congratulations again. That award is just a small window into the amount of work that the CAC does. I have got a committee together that I refer to as the Stormwater Mitigation Committee and the CAC, while doing this type of research has also embarked with me on this mission to really address what I see and I think those in the marine ecology, marine biology and environmental fields see as the most pressing environmental issue facing our waterways and that is the mitigation of stormwater runoff and we have really had a landmark year in regard to moving forward in protecting our waterways in that regard and I think in the year 2003 you will see a number of projects, an unprecedented amount of projects get underway in regard to that effort. So thank-you very much. We will move forward with the regularly scheduled meeting. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $257,446.28; General Fund Part Town bills in the amount of $56,262.27; Highway Fund Whole Town bills in the amount of $22,672.17; Highway Fund Part Town bills in the amount of $34,695.71; Capital Projects Account bills in the amount of $113,907.50; Community Preservation Fund (2% tax) bills in the amount of $3,567.00; New London Terminal Project bills in the amount of $20,252.72; Compost Land Acquisition bills in the amount of $2,942.27; Employee Health Benefit Plan bills in the amount of $7,375.92; Fishers Island Ferry District bills in the amount of $14,209.80; Refuse & Garbage District bills in the amount of $102,427.73; Southold Wastewater District bills in the amount of $11,169.79; Fishers Island Sewer District bills in the amount of $3,955.61; Southold Agency & Trust bills in the amount of $12,525.78 and Fishers Island Ferry District Agency & Trust bills in the amount of $64.42. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the minutes of the September 24, 2002 Town Board meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Annual Organizational Meeting be held Thursday, January 2, 2003 at 11:00 A.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the next Regular Town Board Meeting be held Tuesday, January 7, 2003 at 4:30 P.M. at the Southold Town Hall, Southold, New York. Town Board Meeting 3 12/17/02 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Town Clerk's Monthly Report - November 2002 2. Town of Southold Budget Report - October 2002 3. Juvenile Aid Bureau - November 2002 4. Southold Town Justice Court, Price - November 2002 5. Southold Town Justice Court, Evans - November 2002 6. Southold Town Justice Court, Bruer - November 2002 7. Recreation Department - November 2002 8. Town of Southold Budget Report - November 2002 9. Program for the Disabled - November 2002 10. Scavenger Waste Treatment Facility - November 2002 11. Leave Time Summary Report - October 2002 12. Island Group Administration Claim Lag Report - through November 30, 2002 13. Board of Trustees - November 2002 II. PUBLIC NOTICES 1. New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, Notice to Fishermen of new regulations, effective November 29, 2002. 2. U.S. Army Corps of Engineers, New York District, Notice of application of James Miller to construct a pier assembly, wavebreak curtain and dolphins in Shelter Island Sound, Town of Southold. Written comments by January 9, 2003. III. COMMUNICATIONS 1. Letter to Supervisor Horton from Frances A. Kayton re appreciation for Highway Department and fall cleanup. 2. Letter to Supervisor Horton from Paul Nahas re appreciation for Building Department. SUPERVISOR HORTON: At this point, I will offer the floor to any members of the public that would like to address the Town Board on the printed agenda, the resolutions that are on the agenda. Would anybody care to address the Town Board? FRANK CARL1N: Good Evening, ladies and gentlemen, Frank Carlin, Laurel. #845, the construction going over the bridge in Laurel there. How much are you going to have them bond for? SUPERVISOR HORTON: Let me just turn to that resolution, Mr. Carlin. The estimated maximum cost of $650,000 for replacement of the bridge. FRANK CARLIN: Getting any help from the County or State on it? SUPERVISOR HORTON: Yes, actually Senator LaValle and Assemblywoman Acampora have secured I believe in the neighborhood of $300,000 or $350,000 for that project. FRANK CARL1N: It took a long time to get that thing done. SUPERVISOR HORTON: It is behind us and we are moving forward with it. FRANK CARL1N: One thing I like about this town, we sure get things done in a hurry. #852, is that the same Glover that worked for the Highway Department? SUPERVISOR HORTON: No. FRANK CARLIN: Oh. Okay. SUPERVISOR HORTON: However there may be a Glover parking Highway Department trucks in their yard. FRANK CARLIN: No, but what I am saying is, that isn't the gentleman who worked for the Highway Department? Town Board Meeting 4 12/17/02 SUPERVISOR HORTON: No, it is not. FRANK CARL1N: Because if it was, I will be honest with you, if that was him and he owned the building, there would be a conflict of interest. SUPERVISOR HORTON: Right. That is not the case. Thank-you, Mr. Carlin. Would anyone else care to address the Town Board on the printed resolutions. Mrs. Egan. JOAN EGAN: Good Evening, everybody, Mr. Horton, Mr. Richter, Mr. Romanelli, Mrs. Evans and Mr. Wickham and Mrs. Neville and Mr. Yakaboski. How good to see you. Yes, on #821, who is going, where are you going, how much is it going to cost and why are we doing this? COUNCILMAN ROMANELLI: ! will tell you who is going. It is the Supervisor, the Councilpeople, Town Clerk... JOAN EGAN: Councilpeople. How many people, what do you mean by people? COUNCILMAN ROMANELLI: ! don't know if we are all going but we are all authorized to go. ! know, myself, ! will not be going. Town Clerk, Town Assessors, Town Attorney, Town Engineer, Town Justice, the justice court clerks, Receiver of Taxes, the Highway Superintendent and Solid Waste and Code Enforcement. JOAN EGAN: And you will be staying overnight? COUNCILMAN ROMANELLI: Yes. SUPERVISOR HORTON: That is correct. JOAN EGAN: Where? SUPERVISOR HORTON: I am not sure. COUNCILMAN ROMANELLI: I think it is at the Hilton. JOAN EGAN: Where? COUNCILMAN ROMANELLI: The New York Hilton. JOAN EGAN: I see. And what is that going to cost the taxpayers? $20,000? $30,000? COUNCILMAN ROMANELLI: I don't think it is quite that much. JOAN EGAN: No? What, are you going to bring your doggie bags? ! think it is ridiculous. You can day-hop it. You can pool a car. You don't need to stay overnight. ! think that is a terrible waste of the taxpayers money. ! believe Mr. Horton went there last year by himself pretty much. Maybe with one or two other people and he accomplished something. ! think if you all go, you will check in, sign in and then go see the City. ! think this is wrong and ! hope somebody up there agrees with me. SUPERVISOR HORTON: Thank-you, Mrs. Egan. JOAN EGAN: No, Mr. Wickham, I don't want to hear from you please. Now, also, this other one here. What is this #834? Authorize modification to the General Fund Whole Town 2002 budget for over expended line items? ! think that is a cover-up. SUPERVISOR HORTON: Mrs. Egan, that is for labor counsel, environmental consultants, legal notices and meetings and seminars, which will be pulled from a contingency line. JOAN EGAN: So what does that mean? More money? SUPERVISOR HORTON: No, it is just coming from another budget line. JOAN EGAN: Oh, borrow from Peter to pay Paul. Town Board Meeting 5 12/17/02 SUPERVISOR HORTON: If you would care to address it that way. JOAN EGAN: Is that how we balance the budget? It doesn't work in my house. You don't have it, you don't spend it. Now, this other one really caught my eye. This person who is getting his liquor license waived, 30 days early. #849. ! don't like the sound of that at all. SUPERVISOR HORTON: That application is for a restaurant... JOAN EGAN: ! spoke to Mr. Romanelli and he explained it to me and ! think it is wrong. You wait in line, the same as anybody else. Now, ! notice on a whole that most of the things that are happening or not happening are resignations. People retiring, moving on. Have these, they are leaving, have you had refills are we going to maybe going to drop a few people off the payroll. SUPERVISOR HORTON: The Board is not seeking to replace the folks that are retiring from town services. JOAN EGAN: Pardon? SUPERVISOR HORTON: The Board is not seeking to replace those people. JOAN EGAN: So will somebody else be hired doing the same thing under a different category or are we going to save maybe a little money? SUPERVISOR HORTON: That is part of the Town Boards' budget savings, not only for next year but for the future. JOAN EGAN: That sounds wonderful. I'll talk to you later. SUPERVISOR HORTON: Thank-you, Mrs. Egan. Would anyone else care to address the Town Board on the resolutions? MERLE LEV1NE: Merle Levine, East Marion. Could you explain #10, the Scavenger Waste Treatment Facility, please? SUPERVISOR HORTON: Mrs. Levine, you are referring to a report and that information is actually available at the Town Clerk's Office. The report itself. MERLE LEV1NE: I understand that. Could I still understand where it is supposed to be and what is it exactly? SUPERVISOR HORTON: The Scavenger Waste Plant refers to, is what we call the Sewage Treatment Plant in Greenport. It actually serves as a holding facility and this report is referring to, is basically would show interaction, what has come and what is gone from that facility. It is a standard report. MERLE LEV1NE: Okay. That is cesspool drainage, right? SUPERVISOR HORTON: Yes. MERLE LEV1NE: Is there a place that it is now planned to be put? ! know that it is carted away at this point, right? SUPERVISOR HORTON: That is correct. MERLE LEV1NE: And so does that report include the suggestion of a place for it to be put? SUPERVISOR HORTON: No, that report is referring to transactions and movement in the current day-to-day business of the Scavenger Waste Plant. MERLE LEV1NE: Okay, thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on the resolutions? Town Board Meeting 6 12/17/02 JOAN EGAN: I am glad that lady mentioned it. I myself, once from, because of Mr. Kapells' and once from you guys, when you did some of that burning and it was heavy in the summer, the smell was absolutely obnoxious to the point that ! regurgitated from the smell on Moores Lane, it is so heavy. So see that that is corrected. SUPERVISOR HORTON: Will do, Mrs. Egan. Yes, Mr. Carlin. FRANK CARL1N: ! see there is a Police Officer retiring. Are you going to replace him? SUPERVISOR HORTON: There is #823, accepting the disability retirement from Officer Gralton and as well, accepting the letter of intent to retire from Detective John Charters. FRANK CARL1N: Are you going to replace them? SUPERVISOR HORTON: We have just gone through the process of hiring, at the Chief's request, the amount of Police Officers that were requested and that was three. One has decided to not continue in that so we have basically hired two. And there has not been a request to replace either of these two people at this point. Would anybody else care to address the Town Board on the resolutions? (No response) We will move forward with the reading of the resolutions. #821 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following elected or appointed officials to attend the Annual Meeting of the Association of Towns in New York City on February 16-1% 2003: Supervisor~ Councilmem Town Clerk~ Town Assessors~ Town Attorney~ Assistant Town Attorneys~ Town Engineer~ Town Justices~ Justice Court Clerks~ Executive Assistant to Supervisor~ Receiver of Taxes~ Superintendent of Highways~ Solid Waste Coordinator~ Building Department~ Code Enforcement Officer~ and George Horning~ Zoning Board of Appeals Member-Fishers Island~ and be it FURTHER RESOLVED that the Members of the Zonin~ Board of Appeals and Planning Board are granted permission to attend the Annual Meeting of the Association of Towns on a day trip basis. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #822 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Edward J. Capobianco's letter of intention to retire from his position as Sanitation Site Crew Leader with the Town's Solid Waste Management District effective December 31, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #823 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Thomas Gralton's disability retirement from his position as Police Officer with the Town's Police Department effective December 3, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #824 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants a 3% wa~e increase to the following full time Fishers Island Ferry District personnel, to become effective on January 1, 2003: Barrett, Frederick Fiora, Michael Marshall, Jesse Ricker, Kenneth Burke, Stephen Foley, Paul Moroney, Kevin Schmid, Nina Doherty, Thomas Hoch, Richard Paradis, John Town Board Meeting 7 12/17/02 Easter, Mark Killam, Christian Peabody, George Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #825 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Bruce J. Lehr's letter of intention to retire from the Town's Highway Department effective December 30, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #826 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: To: A. 1320.4.500.300 Independent Auditing & Accounting, C.E. Fee for services, non-employees $ 500.00 From: A. 1990.4.100.100 Contingent, C.E. Unallocated Contingencies $500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #827 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste Management District 2002 budget as follows: To: SR.9730.6.000.000 B.A.N. Principal $310,000.00 SR.9730.7.000.000 B.A.N. Interest 117,000.00 From: SR.9710.6.100.100 Serial Bond Principal $310,000.00 SR.9710.7.100.100 Serial Bond Interest 117,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #828 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 budget as follows: General Fund Whole Town To: A.9089.8.000.100 From: A.9901.9.000.000 Sick Leave Buyout Transfers to Health Plan $5,100.00 $5,100.00 General Fund Part Town To: B.9089.8.000.100 Sick Leave Buyout From: $5,100.00 Town Board Meeting 8 12/17/02 B.9901.9.000.000 Transfers to Health Plan $5,100.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #829 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2002 budget as follows: To: B.9030.8.000.000 Social Security Benefits $10,000 From: B.9901.9.000.000 Transfers to Health Plan $10,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #83O Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gershow Recycling Corp. to pay the Town of Southold $ 3.01 per ton (removal by contractor) and $15.82 per ton (delivered to contractor) for the Removal or Acceptance of all Scrap Metal from the Southold Town Disposal Area for the period January 1, 2003 through December 31, 2003, all in accordance with bid specifications and the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #831 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Malvese Equipment Co., Inc. in the amount of $33,232.00 for the purchase of two flail mowers ($16,616.00 each), for use by the Southold Town Highway Department. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #832 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation of Martha Jones from her position as Tree Committee Secretary, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #833 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Food Service Worker Patricia J. Volinski, effective December 23, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #834 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: To: Town Board Meeting 12/17/02 9 A. 1010.4.500.200 A. 1010.4.500.300 A. 1010.4.600.100 A. 1010.4.600.200 Town Board, C.E., Labor Relations Town Board, C.E., Environmental Consultants Town Board, C.E., Legal Notices Town Board, C.E., Meetings & Seminars $ 5,000.00 10,000.00 2,000.00 5,000.00 From: A. 1990.4.100.100 Contingent, C.E., Unallocated Contingencies $22,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #835 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Paul Grattan's letter of intention to retire from the Town's Highway Department effective December 25, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #836 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Harvey Stran;~e's letter of intention to retire from the Town's Highway Department effective December 31, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #837 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts John J. Charters III's letter of intention to retire from his position as Detective with the Town's Police Department effective January 7, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #838 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation of Ruthanne Woodhull from her position as Secretary to the Board of Ethics, effective December 31, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #839 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of the performance bond for the maior subdivision of Peconic Landin;~ from $1,670,836.00 to $132,000.00 all in accordance with the recommendation of the Southold Town Planning Board, the Town Engineer, and the Superintendent of Highways, and subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #84O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of the performance bond for the maior subdivision of Laurel Links. Ltd. from $522,825.00 to $144,625.00, all in accordance with the recommendation of the Southold Town Planning Board, the Town Board Meeting 10 12/17/02 Town Engineer, and the Superintendent of Highways, and subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #841 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, the NYSDOT has offered a matching grant to the federal grant for the Project; and WHEREAS, the Town Board of the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being federal (FAA): $99,000; State $5,500; Local $5,500; and Total $110,000; and WHEREAS, if the Town Board of the Town of Southold and/or the FAA notifies the NYSDOT that the Town Board has requested and received an increase in Federal funding for the Project based on increased eligible costs and has authorized the proportionate increase in local funding, the State share noted above shall be increased proportionately up to a maximum increase of 15%. NOW, THEREFORE, the Town Board does hereby RESOLVED that the Town Board of the Town of Southold hereby approves the above subiect Proiect; and it is hereby further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute all necessary Agreements on behalf of the Town of Southold with NYSDOT in connection with the Project; and it is further RESOLVED that a Certified copy of this Resolution be filed with New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED that this Resolution shall take effect immediately. SUPERVISOR HORTON: This project is referring to the project that is taking place on Elizabeth Field, the airport on Fishers Island. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #842 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED, that the Town Board of the Town of Southold hereby determines that the Proiect~ described as the preparation of an engineering design for an apron and access taxiwa¥ as well as an environmental assessment form for the Elizabeth Field Airport is a Type II action pursuant to the SEQRA regulations, 6 NYCRR 617.5 (c)(21) requiring no review. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #843 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Hopp¥'s Cleaners for furnishing to the Town of Southold Police Department Uniform Cleaning for the calendar year 2003 all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #844 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia M. McCarthy as a full-time Minibus Driver for the Human Resource Center, at an annual salary of $18,176.78, effective December 18, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #845 Moved by Councilman Richter, seconded by Councilman Romanelli, it was Town Board Meeting 12/17/02 11 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 30, 2002 AND AMENDED DECEMBER 17, 2002, AUTHORIZING THE CONSTRUCTION OF A NEW BRIDGE ON PECONIC BAY BOULEVARD TO CROSS BRUSHES CREEK, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $650,000; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE APPROPRIATION OF A GRANT OF $50,000 AND SUCH OTHER MONEYS EXPECTED TO BE RECEIVED FROM THE STATE OF NEW YORK, TO REIMBURSE THE TOWN; AUTHORIZING THE ISSUANCE OF $650,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND STATING THE PLAN OF FINANCING INCLUDES THE ISSUANCE OF SAID SERIAL BONDS, THE APPLICATION OF SAID STATE MONEYS TO REIMBURSE THE TOWN AND THE LEVY AND COLLECTION OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. Recital RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town of Southold (hereinafter called the "Town"), in the County of Suffolk, New York, is hereby authorized to construct a new reinforced concrete bridge on Peconic Bay Boulevard, a Town Road, to cross Brushes Creek, in the Town. The estimated maximum cost of constructing said new bridge, including preliminary costs and costs incidental thereto and to the financing thereof, is $650,000 and the said amount is hereby appropriated therefor, including the appropriation of a grant from the State of New York (hereinafter sometimes called the "State") in the amount of $50,000 and such other moneys as are expected to be received as grants from the State pursuant to the Multi-Modal Program (hereinafter called "MM2002") established pursuant to Section 14-k of the New York Transportation Law and such other State moneys as the Town may be eligible to receive. The plan of financing of said appropriation includes the issuance of not to exceed $650,000 serial bonds of the Town, application of the MM2000 Funds expected to be received by the Town to reimburse it for expenditures made to pay the cost of such construction and such other State moneys as may be received therefor, including payment of principal of and interest on said bonds as the same shall become due and payable, and the levy and collection of taxes on all the taxable real property in the Town to pay that portion of the principal of said bonds and the interest thereon not provided by said State moneys. Serial bonds of the Town in the principal amount of $650,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: The period of probable usefulness of constructing the new bridge described in Section 1 hereof, being the specific object or purpose for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 10 of the Law, is ten (10) years, provided, however, the proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Town Board acting in the role of Lead Agency, has determined, prior to the adoption of this Bond Resolution, that the construction of said new bridge herein before described is a Type II Action and will not result in any significant adverse environmental impact and no further review is necessary. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the Town Board Meeting 12 12/17/02 budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately. Section B. The amendment of the bond resolution set forth in Section A of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action heretofore or hereafter taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section C. This resolution shall take effect immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #846 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: To: Revenues: A.2705.40 Appropriations: A. 1010.4.600.700 Gifts & Donations Other Donations Town Board, C.E. Transportation Committee $ 2,150.00 $ 2,150.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #847 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an a;~reement with Island Group Administratiom Inc. for administration of the Town of Southold Employee Health Plan for the 2003 calendar year, said agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #848 Moved by Councilman Wickham, seconded by Justice Evans, it was Town Board Meeting 13 12/17/02 RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 p.m, on January 7~ 2003~ at the Southold Town Hall~ as the time and place for a public hearing on proposed local law entitled "Temporary Moratorium on the processing~ review of~ and making decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 "Wetlands" of the Southold Town Code." Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #849 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby waives the notification for the issuance of a liquor license to Harpoon Harry's Restaurant, Main Street, New Suffolk, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #850 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Donald Grimm to locate a temporary house trailer for the purpose of a night watchman/security trailer at his farmstand located at Cox Lane and CR48, Cutchogue, New York, for a six (6) month period of time. COUNCILMAN WICKHAM: ! have worried about the precedence and the proliferation of these trailers. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. #851 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ernest Schneider to locate a temporary house trailer for the purpose of a night watchman/security trailer at his greenhouse located at Alvah's Lane, Cutchogue, New York, for a six (6) month period of time. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. #852 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to enter into a lease agreement between the Town of Southold and Leander Glover~ Jr. for the use of a storage facility for the purpose of providing winter storage for equipment used by the Southold Town Highway Department and Public Works Department located on Cox Lane, Cutchogue, for a period of four (4) months beginning December 1, 2002 through March 13, 2003 at a cost of $500.00 per month, total rent not to exceed $2,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That does conclude the printed agenda, at the last Town Board meeting we did have three public hearings in regard to moratorium waivers and the Town Board hasn't discussed that nor are resolutions prepared. ! would request of the Board that we would move on those at the next regularly scheduled Town Board meeting. Is that reasonable to the Town Board? COUNCILMAN ROMANELLI: Yes, that sounds good. COUNCILMAN WICKHAM: Yes. JUSTICE EVANS: Let's make sure we get on it. Town Board Meeting 14 12/17/02 SUPERVISOR HORTON: Indeed we will do that. At this point, we have no further resolutions, if any members of the public would care to address the Town Board on town related business, we offer the opportunity to do so. FRANK CARL1N: Good evening, ladies and gentlemen. For the past year I have been kind of retired from making Town Board meetings. I have been more or less retired. But I have decided to start coming back to Town Board meetings, getting back into the action again. I have been doing it for 30 years, might as well continue on. I made a list of four items that I think can improve this town. This is my opinion and I care less who likes it or not. I am only going to go into one tonight because it is the most important one, and involves some details. The way that I am going to explain this one is I am going to use the four-sided box theory. You are all looking at me like what is he talking about. He is going to stand up there and use the four-theory box system. Well, when I start you will know what I mean. Delmar Drive in Laurel has County water. That is on the west side of the box. Peconic Bay Boulevard on the south side of the box has County water. Bray Avenue on the east side of the box has County water. Now the north side of the box which is the Main Road in Laurel, has zilch, nothing. Now to make it worse, in the center of the box, we have a golf course. And don't get me wrong, there is nothing wrong with the golf course, it is a beautiful golf course, I know the owners and we get along good. This is not against them, this is not their fault. There are 29 houses there, they have County water and fire hydrants. But we on the Main Road in Laurel, what are we-orphans? And nobody come to me and say we have good water. We don't have good water. I am going to prove it to you right now. When the Information Center was built back in 1986, they drove a well, had a problem with that well for years. They couldn't drink the water, the sprinklers had plugged up. Kreiger had to go back there two years ago and drive down 135 feet to get water. And to continue on to prove my point, if you go west of the Information Center, at Edmund Bokina's house on the corner of Laurel Lake Road, if you drive by there you will see in the front of his house, the white awnings are rusty. The flag pole is rusty. The utility building is rusty. That is the kind of water we have there. I spent thousands of dollars for filtering systems in my house so that my water could be halfway decent and my wife could be able to wash the clothes halfway decent. Now, it is very strange that for 75 years we had public gas all the way along the Main Road, all the way up into Mattituck. For 75 years. In fact, it was put into my house where I live in 1929. But yet we can never get public water, which is very important. That is very strange to me. And then we have Greenport, the Incorporated Village like Greenport. Had water for years, as far as Southold. What I am saying here is it seems to me that you have to be in areas that is selected. I was told once that you have to have 25 signatures, well there are a lot of places that you can't get 25 signatures so the other people are deprived of having water or at least fire hydrants. The nearest fire hydrant that we have from Kreiger to Laurel Post Office which we picked up Riverheads main, which they run all the way along the Main Road up to the Southold line which is a 1 4¼ miles. But this is what I am trying to get at. How to improve this town. If we are going to have water, let everyone have the opportunity to have water, if they want it. At least give them the opportunity to have fire hydrants. I'll tell you, I am going to finish this up pretty soon. When Mr. LoGrande sat down with the Town Board back in 1997 here and there were plenty of people here from the Town Hall, there pictures are here, the Planning Board and everybody. He sat down and put his map out on the table and he explained where he was going to go with the water and how he is going to do it, I would have asked him one question, if I was the Supervisor. "Would you be able to, in the future, supply everybody in this town with water?" And if he would have said, I don't know, then I would have said, well, I don't know whether we should have you in here or not. But now they are going to say and they said this about one year ago, we are getting to our capacity now. We are limited of how much water we can put out now. Okay, but what happened in 2001 when they had a public meeting in the Mattituck Library, which I went to, the Suffolk County Water Authority, when they wanted to put the water tank up in Mattituck. They had a public meeting on it, to increase the volume and supply more water. Whatever happened to that plan? It faded away. And you know something, that night I told that representative, I told him, I'll tell you what I will do. I know you will have a hard time putting your mains underneath the bridge, it is difficult there because Brooklyn Union Gas about two or three years ago had a problem getting under there when they increased the size of the mains, had a problem getting under the bridge. I'll tell you what I will do with you, if you are going to put water in the golf course, run the main from the golf course under the railroad tracks and I will give you permission to run it on my property and then go out onto the Main Road and go west with it. I will even give you permission to do that. But it is a shame, that some people and we have no fire hydrants along the Main Road leaving Mattituck Village going to Peconic. But yet, when you go into Riverhead, there are fire hydrants and people have water all the way along to the Laurel line. It is a shame. I know you are not going to do nothing about it. Town Board Meeting 15 12/17/02 COUNCILMAN ROMANELLI: Mr. Carlin, I just noticed that yesterday that I saw the Water Authority has a whole rack of pipes on the corner of Bray Avenue and the Main Road. ! just saw them stacked up there. FRANK CARL1N: They are working on the golf course again, they are putting something in there. don't myself what they are doing. It is the second time they had that place dug up. COUNCILMAN ROMANELLI: ! am just wondering if they are closing the box? FRANK CARL1N: I don't think so. I see some flags up there but it would be nice if they were. But I don't know. Nobody told me nothing about it. COUNCILMAN ROMANELLI: ! just saw all the pipes, just yesterday ! noticed them for the first time, ! was wondering where they were going with them. FRANK CARL1N: No, they are doing something in there and they were tapped into Bray Avenue and they still, ! see flags heading up to the bridge but they stop on the east side of the bridge. ! don't think we would have such luck. But anyway, that is what we have to put up with there. And it is a shame, that we had public gas for 75 years and we could never get water on the Main Road. That is living in Southold Town. That is my number one. My next one or two will the next Town Board meeting. SUPERVISOR HORTON: Thank-you, Mr. Carlin. Would anyone else care to address the Town Board on town related business? JOAN EGAN: We will do it in the order. Mr. Richter, you (inaudible) to the Southold Police Department. Do you have a pencil and paper there, dear? You will find out why the Southold Police Department has somewhat of difficulty, that is the wrong word, let me put it this way, ! feel as a citizen and a very public one especially with children that ! have the right to call the Child Protection Agency at any time that ! have fact and ! don't think that ! should be criticized or questioned by the Southold Police Department. Can you kindly find out why ! was twice in that regard or is there some general rule that says you can't, they have to be notified first. COUNCILMAN RICHTER: Mrs. Egan, it would be my pleasure to find out for you. JOAN EGAN: ! know that dear. And you will get me the Police report, of course. COUNCILMAN RICHTER: ! gave it to you. JOAN EGAN: Oh, we update that every month, dear. Right? COUNCILMAN RICHTER: No, ma'am. But ! will get you the next one as soon as we do. JOAN EGAN: And did you ever read it? ! doubt it. ! doubt it very much. COUNCILMAN RICHTER: Yes, ma'am, ! did. JOAN EGAN: Now (inaudible) would very strongly suggest that when they make a selection for new Police officers that there should be some input by the general public. Not just by Chief Cochran, Lieutenant Flatley and our Supervisor. ! don't think they have the same feel for the community as we outsiders do. And ! think it would be a very good idea if we had some input in some way, not necessarily control but some input. You'll do that. COUNCILMAN RICHTER: Yes, ma'am. I'll look into that. JOAN EGAN: Did you write these things down. COUNCILMAN RICHTER: Yes, ! am. JOAN EGAN: I'll check it before ! leave. Mr. Romanelli, dear, you knew you were coming next. You were waiting for that. Mr. Romanelli, what has been done in any regard, when people want building permits for any reason whatsoever, that they are responsible for the dirt that goes on the road Town Board Meeting 16 12/17/02 from their vehicles, from runoffs, for protection of sand piles. Has anything been done, Mr. Romanelli? COUNCILMAN ROMANELLI: Just the rules that are currently in the town code. JOAN EGAN: And what rules are they? COUNCILMAN ROMANELLI: That you must contain your runoff on your property. JOAN EGAN: ! see. And then when they don't, who issues the summonses, are you in any way there? Like in front of Greenport by the 7-11 where Riverhead Building has that, ! think there have been two or three accidents. You can find out about that, Mr. Richter. There, I've given you a lot of homework, dear. COUNCILMAN RICHTER: They were told that that project .... JOAN EGAN: And it is still a mess. COUNCILMAN RICHTER: They were told on that project to put down a base material so that runoff would not run off on the road. JOAN EGAN: Have you seen it? COUNCILMAN RICHTER: Yes, ! have seen it. JOAN EGAN: Have you seen the accident reports? COUNCILMAN RICHTER: No, ! have not seen the accident reports. JOAN EGAN: Well, how about doing that. So, when do we get some bite into these things? What are we waiting for? A death? We have probably had a couple already. COUNCILMAN ROMANELLI: ! don't know what else to tell you, Mrs. Egan. It is on the books .... JOAN EGAN: It's on the books, uh huh. COUNCILMAN ROMANELLI: Tire tracks ..... JOAN EGAN: You see, I'll tell you what also is happening because Riverhead Building was given a supply, a permit to do bigger things there and you are having more animals killed on the road there because you are disturbing where they lived. Now, that is enough for you for a while. Mr. Horton, are you relaxed? Good. SUPERVISOR HORTON: Alert. JOAN EGAN: I will only ask you a few questions which I think will only take a few minutes. Has Mr. Yakaboski done anything about the things he said he would do last February? Things that you asked him to do, letters that ! wrote to him that ! sent copies to you, has Mr. Yakaboski found out any of those things that he was supposed to? The answer to that is yes or no. SUPERVISOR HORTON: ! am going to take the liberty of going beyond yes or no and saying that ! will have to sit down with my attorney. There have been a number of issues that we have been dealing with. So ! will run through my ...... JOAN EGAN: Well, ! think you told me that the last time. Have you made any progress there? SUPERVISOR HORTON: No. JOAN EGAN: I see. Now, has there been any progress made to do anything for our teenagers, for our children in regard to the swimming pool, to an ice skating rink? Town Board Meeting 17 12/17/02 SUPERVISOR HORTON: Those are the two that you are asking about? Not in regard to an ice skating rink or a swimming pool, no. JOAN EGAN: No. Do you know my children were children here and they were promised those things back then. That is a long time ago. And the road to hell is paved with good intentions, isn't it, Mr. Horton? SUPERVISOR HORTON: That is what my father has told me. JOAN EGAN: That is a bitter road and now you have more children on drugs, on alcohol and nothing is being done for them. Do you all go to sleep at night thinking about those things? Do you pray for those children, do you cry when you hear those police reports in the morning? I do. You better do something for them. You are losing one generation after another. You talk about housing for young couples out here, why in god's name would they want, if they really read the police reports from the State Police, from the Riverhead Police, from Shelter Island Police. Why in god's name, you'd better do something for our children.. SUPERVISOR HORTON: Mrs. Egan, I am also going to step in and say that Southold Town has been, still is and will continue to be probably one of the finest places for a youth to be raised. COUNCILMAN RICHTER: I second that one. SUPERVISOR HORTON: And we will continue to .... JOAN EGAN: I think that you are living in a dream world. I think, Mr. Horton, I will tell you what. I know that you are very busy maybe you could assign some of these people to come here on Fridays, on court days, and see what is happened to our youth and our town. Now, this is not the place that it used to be and if you think it is, you are dreaming. Thank-you. SUPERVISOR HORTON: Thank-you, Mrs. Egan. Would anyone else care to address the Town Board on town related business? MERLE LEV1NE: I am in need of information and probably it is Mr. Yakaboski that could help me. SUPERVISOR HORTON: Mrs. Levine, this is a time to address the Town Board not our attorney. If you would like to set up a meeting with him, you can do so. MERLE LEV1NE: Okay, if you can answer, it is my understanding that when you have an industrial site, there are certain restrictions. Certainly we saw that where Mr. McCarthy wanted to build and he needed variances because he has a substandard lot. What I would like to be told is, what are the restrictions on residences on an industrial site? SUPERVISOR HORTON: I don't have the answer for you right off the cuff and that is something that would actually warrant looking at the code and going over with careful review. I wouldn't want to shoot from the hip and give a substandard answer for that. But we could easily find out that information for you, in a matter of very little time. MERLE LEV1NE: I do know that one of the residents of Church Lane hamlet had asked for permission to extend his house and was told that he couldn't do that. And I don't suppose that you can ask Mr. Yakaboski. COUNCILMAN WICKHAM: It is my understanding that because those homes are non-conforming in an LI zone, that as a non-conforming structure, they would be permitted to make improvements but not to increase the area of the footprint of the house. MERLE LEV1NE: Okay. And if there were a fire, would they be permitted to re-build? COUNCILMAN WICKHAM: Probably not, if the whole house were destroyed. MERLE LEV1NE: Okay. So that is my understanding, that having changed the zoning from residential to industrial, what the Town Board has really done then has been to deprive people of Church Lane hamlet of property rights. Because their property then is really limited in what they can Town Board Meeting 18 12/17/02 do. So in terms of what the Town Board is responsible for in its own police powers in order to protect the interests of people, not only the interests of the town, it seems to me that there has been an arbitrary and capricious change for people in the Church Lane hamlet. And ! would believe that that is subject to litigation. COUNCILMAN RICHTER: Ms. Levine, ! believe and ! am not 100% sure but ! believe that the person that you are talking about that couldn't expand their home was in a C1 classification which is commercial, prior to. SUPERVISOR HORTON: I believe that Councilman Richter is referring to properties in the Tuthill Lane area. Basically west of Mr. McCarthy's property where not zoned residential at any point in time, those were always zoned C1, ! believe. MERLE LEV1NE: But evidently, that .... SUPERVISOR HORTON: Just for points of clarification when we say re-zoned or what have you, that we are speaking clearly on that. COUNCILMAN ROMANELLI: So they were never residential. MERLE LEV1NE: Okay. But if it were a residential .... COUNCILMAN ROMANELLI: But it is not, though. MERLE LEV1NE: The people in Church Lane hamlet are living in areas that were residential, would you agree? ! feel like Jane Eyre, is it true? SUPERVISOR HORTON: Yes. Some of those homes... COUNCILMAN ROMANELLI: Some, ! believe it is only, SUPERVISOR HORTON: Some of those homes were, a portion of that was agricultural residential. MERLE LEV1NE: Residential, right. And so far as ! have been able to tell since you haven't spoken at any of the meetings but evidently you do speak to reporters, so far as ! can see, the Board members are not interested particularly in Josh Horton's suggestion in a swap of land, the commercial land and re-zoning the rest to residential. You were not very interested in our Anti-Bias Task Force suggestion that you zone to Residential Office and so far as ! understand we are still with Mr. Richters statement that if he ever heard anything useful that he would change his mind but nothing has ever come up, so it does seem to me that what we are left with is what the Town Board has done which is a removal of property rights of those people who do have and have had residential property and ! think that is a very serious charge. And ! hope that that is something that you will look into. SUPERVISOR HORTON: We will and we will actually continue to work towards resolution and consensus on the issue. Thank-you. Would anyone else care to address t he Town Board on town related business? Mrs. Egan. JOAN EGAN: Yes, ! think ! mentioned it to you earlier Mr. Horton, ! went before the Ethics Board, think it was two weeks ago and that was in regard to a couple of things but more specifically it was in regard that last December, right before Town Hall closed, ! witnessed liquor bottles being given out to several departments and ... COUNCILMAN RICHTER: Excuse me, what did you say given out? JOAN EGAN: Pardon? Please don't interrupt me. And at any rate, this is when Jean Cochran was still Supervisor, so ! said something to the people and they kind of smiled at me and so that night ! gave them voice mail. And that voice mail said that ! felt that it would be in their best interests and the Town' s best interest if anything they received was put on Mrs. Cochran' s desk and let her return them. To the best of my knowledge, which ! told the Ethics Board, are you smiling, Mr. Richter? COUNCILMAN RICHTER: ! sure am, ! can't help it. Town Board Meeting 19 12/17/02 JOAN EGAN: Then maybe you should be excused from the room like the nuns would do. COUNCILMAN RICHTER: Sorry, ma'am. JOAN EGAN: At any rate, ! told them that that is what should be done. This was wrong, ! also strongly suggested to the Ethics Board that a notice be sent out to all departments that no gratuities, at the Police station or Town Hall. ! don't find anything funny about that Mr. Richter. Thank-you. COUNCILMAN RICHTER: You're welcome. SUPERVISOR HORTON: Would anyone else care to address the Town Board? Mr. Carlin. FRANK CARL1N: Just food for thought, Josh. The idea about swapping the property in the landfill area there to try to solve the problem-! think it is a pretty good idea, myself. It indicates to me that you are using my three-step theory of logic, common sense and reasoning. Mr. Romanelli, ! understand ! think that you are looking into and to the maybe having or the town buying the North Fork Bank facility, maybe, in the future for the Town Hall. ! think you are interested in that, right? You are looking at that, right? It is a good idea. ! have been after the Town Board, ! said this at the last meeting, for about five years. It is one of the best areas that you want to have for a Town Hall because it's got external maintenance free, it's got a parking space and it is ideal for it. SUPERVISOR HORTON: Right next to his office. FRANK CARL1N: That's right, you don't even have to use your car or one of your fuel trucks because fuel is expensive. It is ideal for the Town Hall in there, if you got it right now, you are split up, you've one down there in Feather Hill, you are paying $2,000 a month for rent. That is $24,000 a year, you don't need it. You have a problem down in the cellar here, with that stairway going down there, you have been talking about a Town Hall for five years. Start getting something done about it because the more you wait, the more it is going to cost and if you go to build something from the start it is going to cost you more than if you bought this one here. That should have been bought a long time ago. Now, one more question ! want to ask the Board, Bill Moore isn't here tonight but ! want to ask this question to the Board. Has the contract between the Town and the North Fork Animal Welfare League been signed and agreed on? SUPERVISOR HORTON: It has been agreed on. COUNCILMAN ROMANELLI: ! don't think there is a signature yet but ! think all sides have agreed on the terms. FRANK CARLIN: Okay. SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Town Board on town related business? PRISCILLA HORAN: My name is Priscilla Horan, Sunset Lane in Greenport. I live by the 67 steps. Now, ! haven't been up there today but the past couple of weeks, it has been a disgrace. A couple weeks ago, there was peoples clothes all around, there have been (thank god they are practicing safe sex) condoms galore, which is unsanitary, a piece of furniture going down on the bluff side by the stairs, ! don't know who it is-whether it is Fed-Ex or UPS but they go up there, they eat their lunch and out the door. The garbage wasn't picked there for a while. Now, ! saw a truck maybe last week or something, like ! said, ! was working today so ! didn't get a chance to go up. They've been up on it until recently and you know, it's like, ! walk up there in the mornings with my dog and side step some condoms and stuff, you know, it is not pleasant. SUPERVISOR HORTON: I'll speak with, I appreciate you bringing this to my attention. I will speak with Highway as well as the Police Department and you should know that you can always call my office between 8:00 A.M. and 4:00 P.M., 8:00 and 5:00 and on Wednesday nights, you don't have to wait for a Town Board meeting, we can get it done much more quickly for you. So ! appreciate you coming out tonight and bringing it to our attention. And ! will place those calls. Thank-you. Town Board Meeting 20 12/17/02 COUNCILMAN RICHTER: Actually, ! had two phone calls this past week since ! live around the corner and ! was up there yesterday and ! saw the mess that was up there with the garbage cans and ! have a meeting with the Chief later this week and ! will mention it also to him. SUPERVISOR HORTON: Would anyone else care to address the Town Board on town related business? (No response) With that being said, ! would like to wish you all a very happy holiday. Mrs. Egan, thank-you for the pretzels, the candle, the gifts-the decorations. ! appreciate that. And ! hope you all have a very safe, joyous holiday. Thank-you. Look forward to seeing you shortly. Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board meeting be and hereby is declared adjourned at 8:34 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk