HomeMy WebLinkAboutTB-03/11/2003SOUTHOLD TOWN BOARD
GENERAL MEETING
March 11, 2003
4:30 P.M.
A General Meeting of the Southold Town Board was held Tuesday, March 11, 2003 at 4:30 P.M. at
the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge
of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR HORTON: As mentioned in the policy section at the top of the agenda. It does state
that there are two points over the course of the public meeting that we will give the floor to the public
so you can address the Town Board on town related business. The first is as it pertains to the
resolutions. ! will offer the floor to the public prior to voting on those resolutions, when the
resolutions are complete, ! will also offer the floor to the public if you would like to address the Town
Board on town related business. As my colleague to my right also pointed out that we have two public
hearings tonight. They commence at 5:00 and 5:05. We have various reports, public notices and
generally have communications. All of which are available for your viewing at the Town Clerks
Office, five days a week, Monday through Friday between 8:00 A.M. and 4:00 P.M., if you care to
view them, please stop down and we will avail those to you. We will move ahead at this point with the
approval of the audit.
Moved by Justice Evans, seconded by Councilman Richter, it was
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RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $222,204.76; General Fund Part Town bills in the amount of $44,191.25; Highway
Fund Whole Town bills in the amount of $40,651.16; Highway Fund Part Town bills in the amount of
$52,427.24; Capital Projects Account bills in the amount of $3,161.92; Community Preservation Fund
(2% Tax) bills in the amount of $6,454.18; New London Terminal Project bills in the amount of
$7,688.31; Employee Health Benefit Plan bills in the amount of $158,305.50; E-W Fire Protection
District bills in the amount of $37,639.17; Fishers Island Ferry District bills in the amount of
$37,639.17; Refuse & Garbage District bills in the amount of $76,646.70; Southold Wastewater
District bills in the amount of $1,220.32; Fishers Island Sewer District bills in the amount of $532.46;
Southold Agency & Trust bills in the amount of $8,116.85 and Fishers Island Ferry District Agency &
Trust bills in the amount of $83.23.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the minutes from the Southold Town Board Meeting of January 21, 2003 be and
hereby are approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the minutes from the Southold Town Board Meeting of February 4, 2003 be and
hereby are approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the minutes from the Southold Town Board Meeting of February 25, 2003 be and
hereby are approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next meeting of the Southold Town Board be held Tuesday, March 25, 2003 at
7:30 P.M., at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS 1. Board of Town Trustees - January 2003
2. Leave Time Summary Report - January 2003
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3. Town Clerk Monthly Report - February 2003
4. Recreation Department Report - February 2003
5. Police Department - Year End Statistics
6. Southold Town Justice Court, Bruer - February 2003
7. Southold Town Justice Court, Evans - February 2003
8. Southold Town Justice Court, Price - February 2003
II. PUBLIC NOTICES
1. NYS Department of Environmental Conservation Notice of Complete Application of Anthony
and Barbara Daniele to remove and replace 30 linear feet of bulkhead on Corey Creek, Koke
Drive, Southold. Written comments by March 14, 2003.
2. State of New York Public Service Commission Notice of Proposed Rulemaking to renumber
cable television regulations in Title 9 NYCRR Subtitle R as Title 16 NYCRR Chapter VIII,
Cable Television in order to eliminate duplicative procedural rules and streamline the
remaining cable television rules. Written comments by April 21, 2003.
3. NYS Department of Environmental Conservation Notice of Complete Application of Suffolk
County Water Authority to install public supply wells at the North Road Well Field, North
Road west of Moore's Lane, Greenport. Written comments by March 31, 2003.
4. Mattituck Park District Negative Declaration Notice of Determination Non-Significant to
construct a maintenance and storage facility on Veteran's Memorial Park, Mattituck. For
information contact Abigail Wickham, Esq. (631) 298-8353.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: I would like to offer the floor to members of the public that would like to
address the Town Board on any of the printed resolutions, the resolutions that are on the printed
agenda.
JOAN EGAN: Yes, Good Evening. Good Evening, everybody. I don't have the number. It is one in
relation to a trailer, a double trailer on a lot. #149, thank-you.
SUPERVISOR HORTON: That request is in as a result of extensive damage resulting in fire, we have
a, we permit in the Southold Town Code to allow for a trailer under such hardships.
MRS. EGAN: How long will that be permitted?
SUPERVISOR HORTON: I believe that it is a six month permit, Mrs. Egan.
MRS. EGAN: It is. Thank-you.
SUPERVISOR HORTON: Thank-you, Mrs. Egan. Would anyone else care to address the Town
Board?
ALICE HUSSIE: Alice Hussie, Southold. #171. You are engaging the professional services of
Peconic Land Trust to perform Conservation Planning, Acquisition and professional services related to
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preservation efforts related to the Town. How much is that costing, #1. #2, are you giving them an
outline of what you expect them to come up with or are you going to leave it to them to plan our
Town?
SUPERVISOR HORTON: Actually, as we flip to that, we have all of the answers before us.
COUNCILMAN ROMANELLI: ! have it. Alice, this year we actually worked on giving them a more
detailed plan. One for consulting and one for stewardship, where we took a lot of the stewardship
away and put it into Jim McMahon's office. And the amount of that contract is not to exceed $50,000.
MS. HUSSIE: For the year?
COUNCILMAN ROMANELLI: For the year.
MS. HUSSIE: And what do they, what are they ultimately going to come up with? You know, these
words sound marvelously wonderful, but what do they mean? What does stewardship mean?
SUPERVISOR HORTON: Actually, ! can give you, ! don't have it before me but ! can give you the
specific outline of the parcels and projects that they will work on. We, that was one of the questions
that was raised in discussing the contract with the Town Board and we put it forth that we wanted very
specific projects on specific parcels worked out. And actually, ! will run through the ....
MS. HUSSIE: Well, part of my question is hinged on, we have got a couple of consultants working,
for which we are paying hundreds of thousands of dollars to figure various things out. Now why, is
this going to dovetail with that or what?
SUPERVISOR HORTON: Here are the projects that are proposed for 2003 under the contract. It will
be a number of items on the Dam Pond Maritime Preserve, the McGunnigle Preserve, which is in
Mattituck on 25 acres, the Marratooka Lake Preserve, Custer Preserve, Arshamomaque Pond Preserve,
the Arshamomaque Preserve, Damianos Woodlands Preserve and the Laurel Lake Preservation Plan.
Those are all of the specific projects that the Land Trust will be working on steward...
MS. HUSSIE: Those are all properties that we already own, right?
SUPERVISOR HORTON: That is correct.
MS. HUSSIE: So, don't we know what we want to do with them? Didn't we know when we bought
them what we wanted to do with them?
COUNCILMAN WICKHAM: We actually have two contracts with the Peconic Land Trust that are
on our resolutions tonight. The one that you have addressed is stewardship. Stewardship means
looking after the parcels that we already have. Up until now, Jim McMahon, the Community
Development and other aspects of the Town's Highway Department have looked after these in one
fashion or another. We have cut the grass, we have prepared trails, we have done this and that.
Peconic Land Trust will help us to carry out those on a contracted basis. Essentially, to do what we are
calling stewardship or minimal maintenance of some of these open spaces that have been preserved for
the Town, we don't want them to become garbage dumps or to become overrun but minimal
management or stewardship. That is $35,000 resolution. We also have another resolution, of $50,000
of outreach. To reach out to the Community to find other owners of property who we might acquire
open space from or purchase development rights from. We are finding that these people don't just walk
into Town Hall and start offering. It needs some broker or in between. Not broker in the conventional
commission sense but an intermediary. That is the two resolutions on for tonight.
MS. HUSSIE: Alright. Let's get back to the $35,000 one. Are they going to actually mow the grass
or are they going to tell the Highway Department to do it?
SUPERVISOR HORTON: They are going to use their personnel.
MS. HUSSIE: They are actually going to do it. And the $15,000 for the outreach...
COUNCILMAN WICKHAM: $50,000.
MS. HUSSIE: Fifty. Worse yet. $50,000 for the outreach. Don't we have a Land Preservation
Committee?
COUNCILMAN WICKHAM: Yes, we do. The Committee meets at no cost. It is meeting tonight at
7:30, that meeting will go on until 11:00 tonight. There is a member right behind you, there are several
people right here in the room. It is a very active Committee. ! am the liaison to that Committee.
MS. HUSSIE: Right and they have done marvelous things up until now.
COUNCILMAN WICKHAM: They will agonize for a long time, much of it in Executive Session, as
to exactly how to conduct the transactions between the Town and the owners for a series of properties
and it turns out, there are more being developed all the time. It is one of the busiest Committees and
most active in terms of the decisions that need to be made on perhaps, half a dozen parcels that are
right now in front of us, ready for action.
MS. HUSSIE: Okay. Thank-you.
SUPERVISOR HORTON: Thank-you, Alice. Would anyone else care to address the Town Board on
the printed resolutions?
DICK MARSCHEAN: Dick Marschean, Southold. ! though that this mornings meeting, the Marvin
waiver, was not approved?
JUSTICE EVANS: We haven't voted on it yet.
MR. MARSCHEAN: ! know but the way that it is written, though. It says approved.
JUSTICE EVANS: It may not pass.
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SUPERVISOR HORTON: The actual language is worded as such, so however the vote comes out, the
resolution is supported.
COUNCILMAN WICKHAM: People may change their minds.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed
resolutions?
BILL EDWARDS: Bill Edwards, from Mattituck. The liberal in me is very much in favor of #163,
which is to increase the rates of Town Employees to comply with the Living Wage Law. The fiscal
conservative in me just wonders if you have a sense of how much that is going to cost to share with the
community.
COUNCILMAN ROMANELLI: ! think, overall, the number was somewhere $3,500. You are only
talking a handful of employees throughout the Town.
MR. EDWARDS: Thank-you.
SUPERVISOR HORTON: Are there any other questions from the floor, that pertain to the printed
resolutions?
MRS. EGAN: ! don't know whether ! am duplicating, #153, that will be a permanent red, yellow and
green light? There is already a traffic signal, this will be a more permanent, a real traffic light.
SUPERVISOR HORTON: That is correct.
MRS. EGAN: Okay, good. Now, ! don't understand; if you could explain to me #155.
SUPERVISOR HORTON: Mrs. Egan, ! explained this to you last night when you called my house at
11:00.
MRS. EGAN: I know but I did not really, your voice was failing because of your problem with your
respiratory system.
COUNCILMAN MOORE: The Health Department requires us to consent because we own
development rights that were purchased from Mr. Krupski's farm. So he is dividing the remaining
piece out and they need our consent for that.
MRS. EGAN: Okay. Now, again, you know ! do have objections to people being sent, on #157,
think this is an unnecessary expense, ! think all of this is information that you can get on the internet
and this will cost the Town a couple of thousand dollars. Okay, thank-you very much.
SUPERVISOR HORTON: Are there any other comments on the printed resolutions? (No response)
Okay, we will move forward then.
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#132
Moved by Councilman Richter, seconded by Justice Evans,
WHEREAS Kendra Wadlington, provisionally appointed by the Town Board of the Town of Southold
to the position of full-time Justice Court Cashier on October 30, 2000, has successfully passed the
open-competitive Suffolk County Department of Civil Service exam for that title; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Kendra
Wadlington as a full-time Justice Court Cashier in the Southold Town Justice Court effective
February 28~ 2003, from the open-competitive Suffolk County Department of Civil Service exam for
that title at her current salary of $28,008.64.
SUPERVISOR HORTON: I will say that Kendra works very hard and she studied hard for this test, so
congratulations to Kendra.
Vote of the Town Board Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#133
Moved by Councilman Moore, 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 a rate of $10.25 per hour
effective February 26, 2003 changing to an annual salary of $18,176.78 effective August 26, 2003, and
be it further
RESOLVED that Patricia M. McCarthy's rate of pay for previous employment with the Town be
increased to $10.25 per hour effective January 1, 2003 through her previous resignation date effective
February 19, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#134
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Ae[reement between the Town of Southold and the
Family Service League of Suffolk County for the 2003 Southold Youth Services Program, subject to
the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#135
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Ae[reement between the Town of Southold and the
Suffolk County Marine Environmental Learnin~ Center (Cornell Cooperative Extension) for the
Implementation of the Town of Southold 2003 Shellfish Program at Cedar Beach, Southold, subject to
the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#136
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y.
Horton to execute an agreement with the following individuals for the spring 2003 recreation programs~
all in accordance with the approval of the town attorney. Funding for the instructors listed below has been
budgeted for in the recreation department's 2003 instructor line A7020.4.500.420.
Lisa Baglivi (watercolor) ................................................................. $30/hour
Thomas Boucher (guitar) ............................................................... $25/hour
Jamie Buhagiar (dance lessons) .................................................... $20/hour
Eugenia Cherouski (folk dancing) .................................................. $25/hour
Custer Institute (stargazing) ............................................................ $45/person
Custer Institute (youth stargazing) .................................................... $3 O/person
Shirley Darling (tennis) ................................................................... $25/class
Lucy Damron (Spanish) ................................................................. $20/hour
Martha Eagle (Aerobics) ................................................................ $30/hour
East End Insurance Services (Defensive Driving) .......................... $30/person
East End Kids (robotics) .................................................................. $45/person
Dan Gebbia (dog obedience) .......................................................... $55/dog
Carol Giordano (Baton) ................................................................... $25/class
David Haurus (golf) ......................................................................... $38/person
Mary Hewitt (creative scrapbooking) ............................................... $20/hour
Hidden Lake Farms (Horseback Riding) ......................................... $215/person
Rosemary Martilotta (yoga) ................................................ $55/class
Tom McGunnigle (golf) .................................................... $45/person
Jim Mikelbank (youth basketball) ......................................... $25/hour
Paine Webber (Steve Guglielmoni - financial management) ........... $20/person
Theresa Pressler (youth programs) ................................................. $25/hour
Virginia Ross (horseback) ................................................................. $180/person
Laurie Short (bodyworks class) ......................................................... $22/hour
Steve Smith (weight training) ............................................................. $20/hour
Touch Dancing Studios (social dance) .............................................. $8/person/class
U.S. Coast Guard Auxiliary Flotilla 18-8(global positioning) ........... $15/person
Chris Vedder (golf) ......................................................................... $38/person
Dorothy Wolf (bridge) ........................................................................ $25/hour
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#137
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS the Town Board of the Town of Southold hereby amends resolution 96 adopted at the
February 4~ 2003 regular meeting~ to read as follows:
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WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges
against an employee and suspending that employee without pay pursuant to the Civil Service Law;
now, therefore be it
RESOLVED that the Town Board hereby appoints Valerie Marvin, Esq. as the Hearing Officer in the
disciplinary charges brought against a Town employee; and suspends said employee without pay for
not more than 30 days; and be it
FURTHER RESOLVED that the Town Clerk be directed to forward a copy of this resolution to
Richard Zuckerman, Esq.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#138
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Luis
Horn from his position as Fishers Island Bay Constable effective immediately.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#139
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts letter of intention to
retire from James Fogart¥ from his position as Public Safety Dispatcher with the Town's Police
Department effective March 31, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#140
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 Trinity
Transportation Corporatiom 214 Blydenburgh Road~ Islandia~ New York 11749 as submitted on June
6~ 2002 for the hauling and disposal of municipal solid waste received at the Cutchogue Transfer Station
for the years 2002 - 2007 at the following costs:
July 1, 2002 through June 30, 2003 - $74.98 per ton
July 1, 2003 through June 30, 2004 - $75.72 per ton
July 1, 2004 through June 30, 2005 - $76.47 per ton
July 1, 2005 through June 30, 2006 - $77.00 per ton
July 1, 2006 through June 30, 2007 - $77.65 per ton
consistent with the terms of the RFP issued by the Town and agreed to by Trinity Transportation, and all in
accordance with the review and approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
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#141
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5
of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred
Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred
Compensation Plan for Employees of Town of Southold (the "Model Plan") and offers the Model Plan
for adoption by local employers;
WHEREAS, Town of Southold, pursuant to Section 5 and the Regulations, has adopted and currently
administers the Model Plan known as the Deferred Compensation Plan for Employees of Town of
Southold;
WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions
relating to regulations pertaining to Section 457 and Section 401 (a)(9) of the internal Revenue Code,
technical amendments to the Economic Growth and Tax Relief Reconciliation Act of 2001
("EGTRRA") as they apply to the Model Plan and to adopt modifications that update certain
administrative provisions;
WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model
Plan sponsored by a local employer in accordance with the Regulations; and
WHEREAS, upon due deliberation, Town of Southold has concluded that it is prudent and appropriate
to amend the Deferred Compensation Plan for Employees of Town of Southold by adopting the
amended and restated Model Plan.
NOW, THEREFORE, BE IT
RESOLVED, that Town of Southold hereby amends the Deferred Compensation Plan for
Employees of Town of Southold effective January 1~ 2003 by adopting the amended and restated
Model Plan effective January 1~ 2003, in the form attached hereto as Exhibit A.
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Plan Document
for the
DEFERRED COMPENSATION PLAN
FOR EMPLOYEES OF
[NAME OF LOCAL EMPLOYER]
As amended and restated January 1, 2002
(including Amendments through January 1, 2003)
Deferred Compensation Plan
for Employees of
[Name of Local Employer]
Plan Document
TABLE OF CONTENTS
SectionPage
PURPOSE ................................................................................................................................ 13
1. DEFINITIONS .......................................................................................................... 14
"Account". ......................................................................................................... 14
"Administrative Service Agency". ...................................................................... 14
"Alternate Payee". ............................................................................................. 14
"Amount Deferred'. ........................................................................................... 14
"Beneficiary". .................................................................................................... 14
"Business Day". ................................................................................................. 14
"Code". .............................................................................................................. 14
"Committee". ..................................................................................................... 14
"Compensation". ............................................................................................... 14
"Distributee" . .................................................................................................... 14
"Effective Date". ................................................................................................ 14
"Eligible Retirement Plan". ............................................................................... 14
"Eligible Rollover Distribution". ........................................................................ 15
"Employee". ....................................................................................................... 15
"Employer". ....................................................................................................... 15
"Enrollment Date". ............................................................................................ 15
"Financial Organization". ................................................................................. 15
"Investment Fund'. ............................................................................................ 15
"Local Employer". ............................................................................................. 15
"Normal Retirement Age". ................................................................................. 15
"Participant". .................................................................................................... 15
"Participation Agreement". ................................................................................ 15
"Plan". .............................................................................................................. 16
"Plan Benefit". ................................................................................................... 16
"Plan Year". ...................................................................................................... 16
"Qualified Domestic Relations Order". .............................................................. 16
"Regulations". ................................................................................................... 16
"Review Committee". ......................................................................................... 16
"Rollover Account". ........................................................................................... 16
"Rollover Contribution". .................................................................................... 16
"Section 457 Transfer". ..................................................................................... 16
"Severance from Employment" or "Severs from Employment". .......................... 16
"State". .............................................................................................................. 16
March 11, 2003 13
Town Board Meeting
"Surviving Spouse". ........................................................................................... 16
"Treasury Regulations". .................................................................................... 16
"Trust Agreement". ............................................................................................ 16
"Trust Fund'. .................................................................................................... 16
"Trustee". .......................................................................................................... 16
"Unit". ............................................................................................................... 16
"USERRA". ........................................................................................................ 17
"Valuation Date". .............................................................................................. 17
SECTION 2. PARTICIPATION .................................................................................... 17
SECTION 3. AMOUNTS DEFERRED ......................................................................... 17
SECTION 4. INVESTMENT OF AMOUNTS DEFERRED ......................................... 18
SECTION 5. ACCOUNTS AND RECORDS OF THE PLAN ....................................... 20
SECTION 6. WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES;
WITHDRAWALS OF SMALL ACCOUNTS; LOANS ......................... 21
SECTION 7. DISTRIBUTIONS FROM THE PLAN AND OTHER ELIGIBLE
RETIREMENT PLANS ................................................................................................ 22
SECTION 8. DESIGNATION OF BENEFICIARIES ................................................... 25
SECTION 9. ADMINISTRATION ............................................................................... 25
SECTION 10. AMENDMENT OR TERMINATION .................................................... 27
SECTION 11. GENERAL LIMITATIONS AND PROVISIONS .................................. 28
Deferred Compensation Plan
for Employees of
[Name of Local Employer]
Plan Document
PURPOSE
The purpose of the Plan is to encourage Employees to make and continue careers with [Name of Local
Employer] by providing eligible Employees with a convenient way to save on a regular and long-term basis and
thereby provide for their retirement as set forth herein. A Local Employer that is not a participating employer in
the Deferred Compensation Plan for Employees of the State of New York and Other Participating Jurisdictions
or the sponsor of any other eligible deferred compensation plan may adopt this Plan by complying with the
procedures set forth in the Regulations.
The benefits provided to any Participant under the Plan will be based upon the aggregate Plan Benefit and will
depend upon the investment results achieved by the Financial Organizations appointed to invest the assets of the
Plan allocated to each of the Plan's Investment Funds hereunder and the Participant's individual investment
March 11, 2003 14
Town Board Meeting
choices among the Plan's Investment Funds. Each Participant shall be 100 percent vested at all times in his or
her Plan Benefit in accordance with the terms of the Plan.
In accordance with amendments made to Section 457 of the Code and other federal laws by the Small Business
Job Protection Act of 1996 and the Economic Growth and Tax Relief Reconciliation Act of 2001, all amounts of
Compensation deferred under the Plan, all property and rights purchased with such amounts and all income
attributable to such amounts, property and rights are held in trust as of the Effective Date for the exclusive
benefit of Participants and their Beneficiaries and Alternate Payees pursuant to the Trust Agreement. The terms
and provisions of the Plan in effect prior to the Effective Date, if any, shall govern with respect to periods prior
to the Effective Date.
The Plan and the Trust Agreement are intended to satisfy the requirements for an "eligible deferred
compensation plan" under Section 457 of the Code.
SECTION 1. DEFINITIONS
When used herein the following terms shall have the following meanings:
"Account" means the account established and maintained in respect of a Participant pursuant to
Section 5.1. The Account shall include all Amounts Deferred and Section 457 Transfers.
"Administrative Service Agency" means an Administrative Service Agency as defined in the
Regulations selected by the Committee to provide services in respect of the Plan. If the Trust Agreement so
provides, the record keeping services normally performed by an Administrative Service Agency may be
performed by the Trustee, provided that the Trustee otherwise qualifies as an Administrative Service Agency.
"Alternate Payee" means any spouse, former spouse, child or other dependent of a Participant
who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefit
payable under the Plan with respect to such Participant.
"Alternate Payee Account" means the account established for an Alternate Payee pursuant to a Qualified
Domestic Relations Order, provided, however, that the Alternate Payee Account shall separately account for all
amounts received from (i) the Participant's Rollover Account and (ii) from all amounts rolled into the Plan by
the Alternate Payee pursuant to Section 7.5(b)(ii).
"Amount DeferreO?' means Compensation deferred by a Participant pursuant to Section 3.1.
"Beneficiary" means the beneficiary or beneficiaries designated by a Participant pursuant to
Section 8 to receive the amount, if any, payable under the Plan upon such Participant's death.
"Business Day" means any day that is not a Saturday, a Sunday or other day on which the New
York Stock Exchange is not open for the trading of securities.
"Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended.
All citations to sections of the Code are to such sections as they may from time to time be amended or
renumbered.
"Committee" means the Deferred Compensation Committee of [Name of Local Employer].
"Compensation" means all compensation for services to the Employer, including salary,
wages, fees, commissions and overtime pay that is includible in the Employee's gross income for each Plan
Year under the Code and any accumulated sick pay, accumulated vacation pay and back pay paid to a
Participant by his or her Employer.
"Distributee" means (a) an Employee or former Employee, (b) the Surviving Spouse of an
Employee or former Employee and (c) the spouse or former spouse of an Employee or former Employee, but
only to the extent such spouse or former spouse is an Alternate Payee under a Qualified Domestic Relations
Order and only with regard to the interest of such spouse or former spouse.
"Earliest Retirement Date" means the earlier of (a) the date on which the Participant Severs from Employment
and (b) the date the Participant attains age 50.
"Effective Date" means January 1, 2002, unless otherwise stated.
"Eligible Retirement Plan" means (i) an individual retirement account described in Section
408(a) of the Code, (ii) an individual retirement annuity described in Section 408(b) of the Code, (iii) a qualified
trust under Section 401 (a) or 401 (k) of the Code, (iv) an annuity contract described in Section 403(b) of the
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Code and (v) an eligible deferred compensation plan described in Section 457 of the Code that is maintained by
a state, political subdivision of a state, any agency or instrumentality of a state or political subdivision of a state.
"Eligible Rollover Distribution" means all or any portion of the pretax contributions and
earnings thereon to the credit of a Distributee, except that an Eligible Rollover Distribution shall not include (a)
any distribution that is (i) one of a series of substantially equal periodic payments (not less frequently than
annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of
the Distributee and the Distributee's Beneficiary or (ii) for a specified period often years or more, (b) any
distribution to the extent such distribution is required under Section 401 (a)(9) of the Code, (c) any distribution
due to a hardship of the Distributee, including, without limitation, an unforeseen emergency pursuant to Section
6.1, and (d) the portion of any distribution that is not includible in gross income; provided, however, that clause
(d) shall not apply to the extent such portion is transferred (i) in a direct trustee-to-trustee transfer to a qualified
trust under Section 401 (a) of the Code that is part of a defined contribution plan and that separately accounts for
amounts so transferred or (ii) to an Eligible Retirement Plan under Section 408 of the Code.
"Employee" means any individual who receives compensation for services from the Employer,
including any elected or appointed officer or employee of the Employer, and any employee who is included in a
unit of employees covered by a negotiated collective bargaining agreement which specifically provides for
participation in the Plan. An Employee shall not include an independent contractor, a consultant or any other
individual classified by the Employer as not eligible to participate in the Plan. "Employer" means [Name of Local Employer].
"Enrollment Date" means, with respect to an Employee, each payroll date on which such
Employee receives Compensation, or such other date or dates as the Committee may establish either in lieu of,
or in addition to, such dates.
"Financial Organization" means a Financial Organization as defined in the Regulations
selected by the Committee to provide services in respect of the Plan. If the Trust Agreement so provides, the
financial services provided by a Financial Organization may be performed by the Trustee, provided that the
Trustee otherwise qualifies as a Financial Organization.
"Includible Compensation" means "includible compensation" as defined in Section 457(e)(5) of the Code.
"Investment Fund' means each of the Investment Funds provided for in Section 4.1.
"Local Employer" means a Local Employer as defined in Section 5 of the State Finance Law.
"Normal Retirement Age" means, for purposes of Section 3.2(b), any age designated by a
Participant (i) beginning no earlier than the earliest age at which a Participant has the right to retire under the
Employer's basic pension plan, if any, and to receive immediate retirement benefits without actuarial or similar
reduction because of retirement before some later age specified in such basic pension plan or, in the case of a
Participant who does not participate in such basic pension plan, age 65, and (ii) ending no later than age 70½.
Notwithstanding the previous sentence, a Participant who is a qualified police officer or firefighter (as defined
under Section 415 (b)(2)(H)(ii)(I) of the Code) may designate a Normal Retirement Age that is earlier than the
earliest Normal Retirement Age described above, but in no event may such Normal Retirement Age be earlier
than age 40. Notwithstanding anything in the Plan to the contrary, the Participant's designation of a Normal
Retirement Age under Section 3.2(b) shall not control the date that payment of such Participant's benefits shall
commence pursuant to Section 7. Effective for Plan Years prior to January 1, 2003, in the case of a Participant
who continued to work beyond age 70½ and who, upon the attainment of age 70½, had not made the catch-up
election provided for under Section 3.2(b), the Normal Retirement Age shall be the age designated by the
Participant, which shall not be later than the age at which the Participant Severs from Employment with the
Employer.
"Participant" means an Employee or former Employee who has given an investment direction
under Section 4 and who continues to have an Account or Rollover Account under the Plan.
"Participation Agreement" means a written agreement between an Employee and the
Employer, pursuant to which the Employee elects to reduce his or her Compensation and to have the Amount
Deferred contributed to the Plan on his or her behalf in accordance with the terms of the Plan; provided,
however, that in the case of a deferral of accumulated sick or vacation pay or back pay, such Participation
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Agreement shall be entered into in accordance with the timing requirements of the Treasury Regulations
promulgated under Section 457 of the Code.
"Plan" means the Deferred Compensation Plan for Employees of [Name of Local Employer],
as the same may be amended from time to time.
"Plan Benefit" means, with respect to a Participant, the interest of such Participant in the Trust
Fund, excluding any portion of such interest payable to an Alternate Payee pursuant to a Qualified Domestic
Relations Order.
"Plan Year" means the calendar year.
"Qualified Domestic Relations Order" means any judgment, decree or order, including, but
not limited to, approval of a property settlement agreement, which has been determined by the Administrative
Service Agency to meet the requirements of a qualified domestic relations order within the meaning of Section
414(p) of the Code.
"Regulations" means the rules and regulations promulgated by the Deferred Compensation
Board of the State of New York pursuant to Section 5 of the State Finance Law, as the same may be amended
from time to time.
"Review Committee" means the committee designated by the Committee to review claims to
rights or benefits under the Plan in accordance with Section 9.5 and requests for hardship withdrawals under
Section 6.
"Rollover Account" means the account established and maintained in respect of a Participant
or a Beneficiary who is a Participant's Surviving Spouse pursuant to Section 7.5(b)(ii).
"Rollover Contribution" means a cash amount contributed by a Participant, a Beneficiary who
is a Participant's Surviving Spouse or Alternate Payee to a Rollover Account or, if applicable, an Alternate
Payee Account, which the Administrative Service Agency has determined qualifies as an Eligible Rollover
Distribution and which the Administrative Service Agency, in accordance with guidelines promulgated by the
Committee, has determined may be contributed; provided, however, that the distributing Eligible Retirement
Plan shall not be an eligible deferred compensation plan under Section 457(b) of the Code and provided further
that the distributing Eligible Retirement Plan shall have separately accounted for all amounts included in the
Rollover Contribution.
"Section 457 Transfer" means a transfer made into an Account pursuant to Section 7.5(b)(i).
"Severance from Employment" or "Severs from Employment" means a severance from the
employment of the Employer within the meaning of Section 457 of the Code and the Treasury Regulations
thereunder and USERRA.
"State" means the State of New York.
"Surviving Spouse" means the survivor of a deceased Participant to whom such Participant
was legally married on the date of the Participant's death.
"Treasury Regulations" means the regulations promulgated by the Treasury Department
under the Code, as now in effect or as hereafter amended. All citations to sections of the Treasury Regulations
are to such sections as they may from time to time be amended or renumbered.
"Trust Agreement" means an agreement entered into in respect of the Plan between the
Committee and one or more Trustee(s) pursuant to which all cash and other rights and properties and all income
attributable to such cash and rights and properties are held in trust for the exclusive benefit of Participants and
their Beneficiaries and Alternate Payees, as such agreement may be amended from time to time.
"Trust Fund' means the assets of the Plan, including cash and other rights and properties
arising from Amounts Deferred, Section 457 Transfers and Rollover Contributions which are held and
administered by the Trustee pursuant to the Trust Agreement.
"Trustee" means the trustee or trustees acting as such under the Trust Agreement, and any
successors thereto.
"Unit" means a unit measuring the value of a Participant's proportionate interest in an
Investment Fund.
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17
"USERRA" means the provisions of the Uniformed Services Employment and Reemployment
Rights Act of 1994 contained in chapter 43 of title 38 of the United States Code.
"Faluation Date" means each Business Day, except that for purposes of an Investment Fund
invested primarily in guaranteed investment contracts and synthetic guaranteed investment contracts, Valuation
Date shall mean the last Business Day of each month of each Plan Year unless the Committee shall, in its
discretion, determine that the Valuation Date of such Investment Fund shall occur more frequently.
PARTICIPATION
2.1 (a) Each Employee shall be eligible to participate in the Plan as of any Enrollment Date following the
date he or she becomes an Employee, and shall commence such participation in the Plan by duly filing with the
Employer and the Administrative Service Agency, in a manner prescribed by the Committee, by the tenth day of
the calendar month preceding such Enrollment Date or such other date as the Committee may determine, a
Participation Agreement and any enrollment forms or other pertinent information concerning the Employee and
his or her Beneficiary which the Committee may require; provided, however, that in no event shall any deferral
be accepted until the first Enrollment Date following the date on which such Participation Agreement is filed.
(b) Each Employee enrolling in the Plan shall provide the Administrative Service Agency, at the time of
initial enrollment and thereafter if there are any changes, with such information as may be required by the
Committee.
2.2 Participation in the Plan by Employees shall be wholly voluntary.
2.3 The participation of a Participant shall cease upon payment to the Participant of the entire value of his or
her Plan Benefit or upon the Participant's death prior to such payment.
AMOUNTS DEFERRED
3.1 (a) A Participant may elect to defer Compensation under the Plan by authorizing, on his or her
Participation Agreement, regular payroll deductions that do not in the aggregate exceed the limitations of
Section 3.2.
(b) A Participant may increase or decrease the rate of deferral of his or her Compensation, within the
limitations of Section 3.2, as of any Enrollment Date by duly filing a new Participation Agreement, or such
other form authorized for such purpose by the Committee, with the Employer and the Administrative Service
Agency by the tenth day of the calendar month preceding such Enrollment Date, or such other date during the
calendar month preceding such Enrollment Date as the Committee may determine.
(c) A Participant may discontinue, or temporarily suspend, his or her deferral of Compensation as of any
Enrollment Date by giving written notice thereof to the Employer and the Administrative Service Agency at
least twenty, or such other number as the Committee may determine, days prior to such date.
3.2 (a) The amount that may be deferred by a Participant for any Plan Year shall be a minimum of $260
and shall not exceed the lesser of:
(i) $11,000 or such other greater amount as may be permitted pursuant to Section 457(e)(15) of the
Code, and
(ii) 100% of the Participant's Includible Compensation for the Plan Year.
(b) Notwithstanding the limitation provided for in Section 3.2(a), a Participant may file an election in the
manner provided by the Committee to have the catch-up limitation set forth in this Section 3.2(b) apply to the
determination of the maximum amount that may be deferred during one or more of the last three Plan Years
ending before attainment of the Participant's Normal Retirement Age. If the catch-up limitation is elected, the
maximum amount that may be deferred for each of the Plan Years covered by the election shall not exceed the
lesser of:
twice the dollar amount set forth in Section 3.2(a)(i); and the sum of the limitations provided for in
Section 3.2(a) for all Plan Years the Participant was eligible to participate in the Plan or an eligible
deferred compensation plan pursuant to Section 457 of the Code, minus the aggregate amount actually
deferred for such Plan Years(disregarding any amounts deferred pursuant to Section 3.2(c)).
A Participant may not elect to have this Section 3.2(b)(i) apply more than once, whether or not the
Participant rejoins the Plan after Severance from Employment
March 11, 2003 18
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(c) (i) All Participants who have attained age 50 before the close of a Plan Year and who
are not permitted to defer additional Compensation pursuant to Section 3.2(a) for such Plan Year, due to
the application of any limitation imposed by the Code or the Plan, shall be eligible to make additional
catch-up contributions in accordance with, and subject to, the limitations of this Section 3.2(c) and
Section 414(v) of the Code and the Treasury Regulations thereunder.
(ii) additional catch-up contributions pursuant to this Section 3.2(c) shall not exceed
the lesser of:
(A) the excess of 100% of Participant's Includible Compensation for the Plan
Year over the sum of any other Amounts Deferred by the Participant for such Plan
Year; and
(B) $1,000, or such greater amount as may be permitted by Section
414(v)(2)(B) of the Code.
(d) Notwithstanding anything in Sections 3.2(b) and 3.2(c) to the contrary, if a
Participant who is eligible to make an additional catch-up contribution under Section 3.2(c) for a Plan
Year in which the Participant has elected to make a catch-up contribution under Section 3.2(b), such
Participant is entitled to the greater of:
the catch-up contribution limitation amount under Section 3.2(b); and
the additional catch-up contribution amount under Section 3.2(c).
Notwithstanding the limitation provided for in Section 3.2(a), any Participant who is entitled to
reemployment rights pursuant to USERRA and who is so reemployed in accordance with the
provisions of such law may elect to make such additional deferrals as are permitted or required by
USERRA.
3.3 The Trustee shall withhold or cause to be withheld from any amounts distributed in respect of a
Participant's Plan Benefit or in respect of a Qualified Domestic Relations Order all federal, state, city or other
taxes as shall be required pursuant to any law or governmental ruling or regulation, including, but not limited to,
Treasury Regulations.
In the event that any Amounts Deferred under the Plan for any Plan Year exceed the limitations
provided for in Section 3.2, any such excess deferrals shall be distributed to the Participant, with
allocable net income, as soon as practicable after the Administrative Service Agency determines that
the amount was an excess deferral.
INVESTMENT OF AMOUNTS DEFERRED AND ROLLOVER CONTRIBUTIONS
4.1 All amounts of Compensation deferred in accordance with Section 3 shall be paid by the Employer as
promptly as possible, but in no event later than two Business Days from the applicable payroll date, to the
Trustee and shall be invested promptly in accordance with the investment directions of the Participant by the
Trustee (but in no event later than two Business Days following receipt thereof by the Trustee) in the Investment
Funds provided by one or more Financial Organizations appointed by the Committee in accordance with the
Regulations, to be held, managed, invested and reinvested in accordance with the applicable agreement entered
into by the Committee or the Trustee with each such Financial Organization. The Committee shall have the
right in its sole discretion to replace any Financial Organization or Investment Fund with a successor Financial
Organization or Investment Fund or to select any additional Financial Organization or Investment Fund and to
incur any and all reasonable fees and expenses on behalf of the Plan and to allocate such fees and expenses
among Accounts in connection with such replacement or addition.
4.2 An Employee who has enrolled in the Plan pursuant to Section 2 shall, by filing a direction in writing or
in such other form as the Committee may authorize with the Administrative Service Agency, specify the
percentage (in multiples of one percent or such other percentage as may be prescribed by the Committee from
time to time) of the amount of his or her Amounts Deferred, Section 457 Transfers and Rollover Contributions
March 11, 2003 19
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that shall be allocated to each Investment Fund made available by the Committee; provided, however, that the
same percentages shall apply to the Rollover Account as apply to the Account.
4.3 Any investment direction given by a Participant shall be deemed to be a continuing direction until
changed. A Participant may change his or her investment direction with respect to future Amounts Deferred,
future Section 457 Transfers and future Rollover Contributions, as of any Enrollment Date, by giving notice in
writing or in such other form as the Committee may authorize to the Administrative Service Agency at least one
Business Day prior to such Enrollment Date; provided, however, that the same percentages shall apply to the
Rollover Account as apply to the Account. All future Amounts Deferred, future Section 457 Transfers and
future Rollover Contributions shall be invested by the Trustee in the Investment Funds in accordance with such
changed direction.
4.4 (a) As of any Valuation Date during a Plan Year, a Participant may direct, by giving notice in writing or
in such other form as the Committee may authorize, to the Administrative Service Agency that all, or any
multiple of one percent (or such other percent as may be prescribed by the Committee from time to time), of his
or her interest in any of the Investment Funds be liquidated and the proceeds thereof transferred to one or more
other Investment Funds in the proportions directed by such Participant.
(b) If the Trustee or any Financial Organization appointed by the Committee shall advise the Committee
that it is not reasonably able to prudently liquidate the necessary amount and transfer it from one of the
Investment Funds to another, the amount to be transferred with respect to each Participant who duly requested
such a transfer may be reduced in proportion to the ratio which the aggregate amount that the Trustee or the
Financial Organization has advised the Committee may not prudently be so transferred bears to the aggregate
amount that all Participants have duly requested be so transferred. Regardless of any Participant's investment
direction, no transfer between Investment Funds may be made in violation of any restriction imposed by the
terms of the agreement between the Committee or the Trustee and a Financial Organization providing any
Investment Fund or of any applicable law. Notwithstanding anything in this Section 4.4(b) to the contrary, the
Trustee or the Financial Organization may have the right, without prior notice to any Participant, to suspend for
a limited period of time daily transfers between and among Investment Funds for one or more days if the
Trustee or the Financial Organization determines that such action is necessary or advisable (i) in light of unusual
market conditions, (ii) in response to technical or mechanical problems with the Plan's automated system, if
any, or the Plan's third-party record keeper and (iii) in connection with any suspension of normal trading
activity on the New York Stock Exchange.
4.5 The Administrative Service Agency shall have the right to decline to implement any investment
direction upon determination that: (i) the person giving the direction is legally incompetent to do so; (ii)
implementation of the investment direction would be contrary to the Plan or applicable law or governmental
ruling or regulation including, but not limited to, Treasury Regulations; or (iii) implementation of the investment
direction would be contrary to a court order, including, but not limited to, a Qualified Domestic Relations Order.
4.6 Each Participant is solely responsible for the investment and allocation of his or her Plan Benefit in and
among the Investment Funds and shall assume all risk in connection with any decrease in the value of any or all
of the Funds. Neither the Committee, any Trustee, any Employer nor the Administrative Service Agency is
empowered to advise a Participant as to the manner in which such Plan Benefit shall be allocated among the
Investment Funds. The fact that a particular Investment Fund is available to Participants for investment under
the Plan shall not be construed as a recommendation for investment in such Investment Fund. Any investment
guidance or advice services provided by the Plan to Participants shall not be considered a violation of this
Section 4.6.
4.7 (a) The entire value of each Participant's Account and Rollover Account and each Alternate Payee
Account under the Plan shall be set aside and held in the Trust Fund pursuant to the Trust Agreement for the
exclusive benefit of Participants and their Beneficiaries and Alternate Payees and defraying reasonable expenses
of the Plan and of the Trust Fund pursuant to Section 5.3.
(b) Each Participant shall be 100 percent vested at all times in his or her Plan Benefit in accordance with the
terms of the Plan. Each Alternate Payee shall be 100 percent vested at all times in his or her Alternate Payee
Account in accordance with the terms of the Plan.
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4.8 (a) Notwithstanding any other provision of the Plan, during any period when an Alternate Payee
Account is created and the corresponding interest in the Trust Fund is segregated on behalf of an Alternate
Payee pursuant to a Qualified Domestic Relations Order as provided in Section 11.4(b), the Alternate Payee may
be entitled to direct the investment of such interest in accordance with this Section 4 as if he or she were the
Participant, to the extent provided in such order. In the event that an Alternate Payee fails to specify an
investment direction, such Alternate Payee's interest in the Trust Fund shall be invested in the same manner as
the relevant Participant's Plan Benefit as of the date of creation of the Alternate Payee Account.
(b) Notwithstanding any other provision of the Plan, during any period following the death of a Participant
and prior to distribution of the entire Plan Benefit of such Participant, such Participant's Beneficiary shall be
entitled to direct the investment of such Plan Benefit, or, as applicable, his or her proportional interest in such
Plan Benefit, in accordance with this Section 4 as if he or she were the Participant.
4.9 No power of attorney, other than one properly executed in accordance with Section 5-1501 of Title 15
of the General Obligations Law of the State, as such may be amended from time to time, shall be effective to
permit an attorney-in-fact to make any investment direction on behalf of a Participant except upon specific
determination by the Administrative Service Agency that the instrument expressly grants the power to act on
behalf of the Participant regarding investment direction under this Plan.
ACCOUNTS AND RECORDS OF THE PLAN
5.1 (a) The Administrative Service Agency shall establish and maintain an Account and, as necessary, a
Rollover Account in respect of each Participant (or in the case of a Rollover Account, a Beneficiary who is a
Participant's Surviving Spouse, if applicable) and, to the extent his or her entire Plan Benefit has not been
distributed, each former Participant showing the value of his or her Plan Benefit, the value of the portion of his
or her Plan Benefit, if any, which is invested in each Investment Fund and other relevant data pertaining thereto.
Each Account and Rollover Account shall be adjusted as of each Valuation Date to reflect all Units or dollars
credited thereto and valued as provided in Section 5.2(b) less all Units or dollars distributed, withdrawn or
deducted therefrom in accordance with the terms of the Plan. With respect to each Participant, all Amounts
Deferred, all Section 457 Transfers in accordance with Section 7.5(b)(i) and all Rollover Contributions in
accordance with Section 7.5(b)(ii) shall be credited to his or her Account or Rollover Account, as applicable.
(b) Each Participant and, for any period following the death of a Participant and prior to distribution of the
entire Plan Benefit of such Participant, each Beneficiary shall be furnished with a written statement of his or her
Account and Rollover Account (including the value of the interest he or she has, if any, in each Investment Fund
and the amount of and explanation for each allocation to or deduction from his or her Account and Rollover
Account since the last statement provided) at least quarterly. During the period prior to distribution of his or her
entire interest under the Plan, each Alternate Payee shall be furnished with a written statement of his or her
Alternate Payee Account (including the value of the interest he or she has, if any, in each Investment Fund and
the amount of and explanation for each allocation to or deduction from his or her Alternate Payee Account since
the last statement provided) at least quarterly.
(c) The establishment and maintenance of, or allocations and credits to, the Account and Rollover Account
of any Participant shall not vest in such Participant or his or her Beneficiary any right, title or interest in and to
any Trust Fund assets or Plan benefits except at the time or times and upon the terms and conditions and to the
extent expressly set forth in the Plan and the Trust Agreement. The establishment and maintenance of, or
allocations and credits to, the Alternate Payee Account of any Alternate Payee shall not vest in such Alternate
Payee any right, title or interest in and to any Trust Fund assets or Plan benefits except at the time or times and
upon the terms and conditions and to the extent expressly set forth in the Qualified Domestic Relations Order,
the Plan and the Trust Agreement.
5.2 (a) The Plan Benefit shall equal the value of a Participant's Account and Rollover Account which shall
be determined by aggregating the value of his or her separate interests, if any, in each Investment Fund.
(b) The Trust Fund shall consist of the Investment Funds. The aggregate value of the Accounts and the
Rollover Accounts, the Alternate Payee Accounts and any reserve for expenses and suspense accounts, if any,
shall be equal to the value of the Trust Fund. Each Investment Fund shall be valued either in Units or in dollars.
As of each Valuation Date, each Fund shall be valued pursuant to the Trust Agreement and the agreements
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between the Committee or the Trustee and the Financial Organizations to reflect the effect of income received
and accrued, realized and unrealized profits and losses, and all other transactions of the preceding period.
5.3 (a) The expenses of administering the Plan, including (i) the fees and expenses of the Financial
Organizations and Administrative Service Agency for the performance of their duties under the Plan, (ii) the
expenses incurred by the Committee or any of its members or any Trustee in the performance of their duties
under the Plan (including reasonable compensation for any legal counsel, certified public accountants,
consultants, and agents and cost of services rendered in respect of the Plan and the Trust Agreement (as
provided therein)), and (iii) all other proper charges and disbursements of the Financial Organizations,
Administrative Service Agency, the Committee or its members (including settlements of claims or legal actions
approved by counsel to the Plan) or any Trustee shall be paid out of the Trust Fund, and allocated to and
deducted from the Accounts and Alternate Payee Accounts as of each Valuation Date, unless paid by the
Committee from State funds allocated for such expenses or the Employer elects to pay such expenses directly.
(b) Brokerage fees, transfer taxes and any other expenses incident to the purchase or sale of securities by
the Financial Organizations for the Investment Funds shall be deemed to be part of the cost of such securities, or
deducted in computing the proceeds therefrom, as the case may be. Taxes, if any, of any and all kinds
whatsoever which are levied or assessed on any assets held or income received by the Trust Fund shall be
allocated to and deducted from the Accounts and Alternate Payee Accounts in accordance with the provisions of
this Section 5.
WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES;
WITHDRAWALS OF SMALL ACCOUNTS; LOANS
6.1 Upon a showing by a Participant of an unforeseeable emergency, the Administrative Service Agency
may, in its sole discretion, permit a payment to be made to the Participant in an amount which does not exceed
the lesser of (i) the amount reasonably needed to meet the financial need created by such unforeseeable
emergency or (ii) an amount which, together with any prior distribution or withdrawal, does not exceed the
value of the Participant's Plan Benefit determined as of the most recent Valuation Date. Any such payment
shall be made from the Trust Fund by the Trustee upon the direction of the Administrative Service Agency and
shall be withdrawn by the Trustee pro rata from the Investment Funds in which the Participant has an interest,
unless the Participant specifies in the request for such a payment the portion of the total amount to be withdrawn
by the Trustee from each Investment Fund. Such payment shall first be charged to the Account of the
Participant and, if necessary, then to the Rollover Account. All payments shall be made in one lump cash sum
within sixty days after approval of the request.
6.2 (a) For purposes of this Section 6, an unforeseeable emergency is defined, as required by the Treasury
Regulations promulgated under Section 457 of the Code, as a severe financial hardship of a Participant resulting
from an illness or accident of the Participant, the Participant's spouse or the Participant's dependent, as defined
in Section 152(a) of the Code, loss of the Participant's property due to casualty, or other similar extraordinary
and unforeseeable circumstances arising as a result of events beyond the control of the Participant. In
accordance with the Treasury Regulations, the need to send a Participant's child to college or the desire to
purchase a home does not constitute an unforeseeable emergency.
(b) For purposes of this Section 6, an amount will not be considered to be reasonably needed to meet the
financial need created by an unforeseeable emergency to the extent that such need is or may be relieved (i)
through reimbursement or compensation by insurance or otherwise, (ii) by liquidation of a Participant's assets,
to the extent the liquidation of such assets would not itself cause severe financial hardship, or (iii) by cessation
of deferrals under the Plan.
6.3 A Participant with respect to whom his or her Account, irrespective of the amount in the Participant's
Rollover Account, does not exceed $5,000 (or such greater amount as may be permitted by Section 401 (a)(11)
of the Code) may elect at any time to receive a lump sum distribution, not to exceed $5,000 of his or her
Account and Rollover Account at least sixty days following such election, l~rovided that:
(a) there has been no Amount Deferred by such Participant during the two-year period ending on
the date of distribution, and
(b) there has been no prior distribution elected by such Participant pursuant to this Section 6.3.
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22
6.4 With respect to a Participant or an Alternate Payee whose Account or Alternate
Payee Account does not exceed the amount set forth in Section 6.3, the Committee, at its discretion,
may direct the Trustee to distribute the Participant's Account and Rollover Account or the Alternate
Payee's Alternate Payee Account as soon as practicable following the Participant's Severance from
Employment or in accordance with the requirements and provisions of Sections 6.3(a) and 6.3(b).
6.5 On or after the date on which the Committee adopts a loan program, which date may not be
before January 1, 2003, upon request of an eligible Participant, the Committee may, in its sole
discretion and on such terms and conditions as it shall prescribe under written uniform rules which
shall be deemed to be a part of the Plan, direct the Trustee to make loans to such eligible Participant.
Plan loans shall be granted to those Participants who are active Employees, and, if the Committee shall
determine, to those Participants who are on an approved leave of absence from their Employer. Each
Participant shall have only one outstanding Plan loan at a time. The principal amount of any Plan loan
shall be for an amount equal to at least $1,000, or such other amount as the Committee shall determine,
and shall not exceed the lesser of (i) 50% of the value of the sum of (A) the Participant's Account and
(B) the Participant's Rollover Account, if applicable, and (ii) $50,000. All Plan loans, other than those
for the purpose of acquiring the dwelling unit which is, or within a reasonable time shall be, the
principal residence of the Participant, shall be repaid over a non-renewable repayment period of five
years. A Plan loan made for acquiring a principal residence shall be repaid over a non-renewable
repayment period of up to 15 years, or such other term as the Committee shall determine. Each Plan
loan granted shall bear a rate of interest equal to one percentage point above the prime interest rate as
published in the Wall Street Journal, or such other reasonable rate of interest as the Committee shall
determine. A Plan loan shall be made first from the Participant's Account, until exhausted, and then
from his or her Rollover Account. Any Plan loan shall be repaid in substantially equal installments of
principal and accrued interest which shall be paid at least quarterly, subject to the methods and
procedures as shall be determined by the Committee and the Administrative Service Agency. All Plan
loans shall be made from of the Trust Fund and notes evidencing such obligations shall be considered
assets of the Trust Fund. All Plan loans shall be secured, as of the date of the Plan loan, by the sum of
(i) the Participant's Account and (ii) the Participant's Rollover Account, if applicable, provided,
however, that no more than 50% of such Participant's Account balance shall be used as security for the
Plan loan. If a Participant fails to make any scheduled repayment of his or her Plan loan within 90
days of its due date, or such other period as the Committee shall determine, such Participant shall be
considered in default and the Administrative Service Agency shall declare a deemed distribution to
have occurred with respect to such Plan loan, effective as of the date of the default. The Committee,
may in its sole discretion, establish or change from time to time, the standards or requirements for
making any Plan loan, including, without limitation, assessing an administrative fee against the
Participant for such Plan loan.
DISTRIBUTIONS FROM THE PLAN AND OTHER ELIGIBLE RETIREMENT PLANS
7.1 (a) Except as otherwise provided in Section 6, a Participant may not receive
distribution of his or her Plan Benefit at any time prior to the earlier of (i) such Participant's Severance
from Employment with the Employer or (ii) the Plan Year in which such Participant attains age 70~A.
Upon a Participant's Severance from Employment with the Employer for any reason other than death
or upon commencement of the Plan Year in which he or she attains age 70~A, the Participant shall be
entitled to receive an amount equal to the value of his or her Plan Benefit, which shall be paid in cash
by the Trustee from the Trust Fund in accordance with one of the methods described in Section 7.3 and
as of the commencement date elected by the Participant in accordance with the procedures prescribed
under Section 7.4(a). In the case of a Participant who continues in service with the Employer
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Town Board Meeting
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following his or her attainment of age 70~A, such Participant may elect to commence the distribution of
his or her Plan Benefit and such election shall designate a method of payment in accordance with
Section 7.3;provided, however, that payments may not commence earlier than forty-five days, or such
other number the Committee shall determine, following the Participant's attainment of age 70~A.
(b) Notwithstanding anything in this Section 7.1 to the contrary, in accordance with the requirements of
Section 401 (a)(9) of the Code, distributions shall commence no later than the April 1st following the close of the
Plan Year in which (i) the Participant attains age 70½ or (ii) the Participant Severs from Employment,
whichever is later.
7.2 Ifa Participant dies before receiving final distribution of his or her Plan Benefit, an amount equal to the
value of the unpaid portion thereof as of the date of death shall be paid in cash by the Trustee from the Trust
Fund to the Participant's Beneficiary by one of the methods described in Section 7.3; provided, however, that if
the Participant dies after payments have commenced then payment to the Participant's Beneficiary must be
made in accordance with the provisions of Section 401 (a)(9) of the Code.
7.3 (a) Subject to the following provisions of this Section 7.3, any payment made under this Section 7 shall
be made in one of the following methods, as the Participant (or, in the case of the death of a Participant, his or
her Beneficiary) may elect pursuant to Section 7.4 hereof:
(i) one lump cash sum payment; or
(ii) with respect to such Participant's Account and Rollover Account, substantially equivalent
monthly, quarterly, semi-annual or annual installment payments; provided, however, that a Participant
(or, in the case of the death of a Participant, his or her Beneficiary) may elect to receive (A) an initial
installment payment in a specified amount and (B) the balance of his or her Account in substantially
equivalent monthly, quarterly, semi-annual or annual installment payments as long as the initial
payment is in an amount greater than the amount of the subsequent installment payments at the time
they commence and such subsequent payments commence within two years of such initial payment.
(iii) A Participant who elects to receive installment payments or who is currently receiving
installment payments pursuant to Section 7.3(a)(ii), may elect, in accordance with procedures
established by the Administrative Service Agency, to receive a portion of his or her Account or Rollover
Account distributed in a lump sum; provided, however, that no lump sum payment shall be less than
$500.00, or such other amount as the Committee shall determine, and provided further, that such
elections shall not be made more than twelve times per Plan Year, or such other number as the
Committee shall determine. Such lump sum payment shall not result in a discontinuation of subsequent
installment payments; provided, however, that such subsequent payments may be redetermined in
accordance with methods and procedures established by the Administrative Service Agency.
(b) If a Participant (or, in the case of death of a Participant, his or her Beneficiary) elects a lump sum
payment, pursuant to Sections 7.3(a)(i) or 7.3(a)(iii), the value of the Participant's Plan Benefit shall be
determined as of the Valuation Date coincident with or last preceding the date on which the Plan Benefit is
withdrawn from the Investment Funds and liquidated for distribution.
(c) If a Participant (or, in the case of death of a Participant, his or her Beneficiary) elects to receive
installment payments, subject to Section 7.3(a)(ii), such Participant's Account and Rollover Account shall
continue to participate in the investment performance of the Investment Fund or Funds in which such amounts
are invested and to bear its allocable share of administrative and investment expenses until the Valuation Date
coincident with or last preceding the date on which such Plan Benefit amounts are withdrawn from the
Investment Funds and liquidated for distribution; provided, however, that the amount of the installments need
not be redetermined to reflect changes in the value of the Account more frequently than annually. All such
redeterminations shall be made by the Administrative Service Agency in accordance with procedures of uniform
application.
7.4 (a) In the case of the Participant's Severance from Employment with the Employer or death, a
distribution election may be made by the Participant or his or her Beneficiary prior to, or after, payments
commence pursuant to the provisions of this Section 7. Such election shall specify the form of payment
described in Section 7.3 elected and the date on which payments shall commence; provided, however, that
March 11, 2003 24
Town Board Meeting
payments may not commence earlier than forty-five days, or such other number the Committee shall determine,
following the Participant's Severance from Employment or death. A Participant or his or her Beneficiary,
including a Participant or his or her Beneficiary who is currently receiving distributions under the Plan,
irrespective of the date on which such distributions commenced, may change both the timing and the form of
payment elected in accordance with procedures established by the Administrative Service Agency, subject to
Section 7.6.
(b) If a Participant dies before distribution of his or her Plan Benefit has commenced, a distribution will be
made to the Beneficiary pursuant to the Beneficiary's election duly filed with the Administrative Service
Agency in accordance with the provisions of Section 7.4(a); l~rovided, however, any distribution to a Beneficiary
shall be made in accordance with the provisions of Section 401 (a)(9) of the Code. All distributions shall
commence not later than the close of the Plan Year immediately following the Plan Year in which the
Participant died, or, in the event such Beneficiary is the Participant's Surviving Spouse, on or before the close of
the Plan Year in which such Participant would have attained age 70½, if later (or, in either case, on any later
date prescribed by the Treasury Regulations). If such Beneficiary who is also the Surviving Spouse dies after
the Participant's death but before distributions to such Beneficiary commence, this provision shall be applied to
require payment of any further benefits as if such Surviving Spouse were the Participant.
7.5 (a) In connection with a Participant's Severance from Employment, the Distributee may elect, at the
time and in the manner prescribed by the Administrative Service Agency, to have all or any portion of the
Participant's Account and Rollover Account that qualifies as an Eligible Rollover Distribution paid directly to
the trustee of an Eligible Retirement Plan, l~rovMed that such other plan provides for the acceptance of such
amounts by the trustee. The Plan shall provide written information to Distributees regarding Eligible Rollover
Distributions to the extent required by Section 402(f) of the Code.
(b) Compensation previously deferred by a Participant, a Beneficiary who is a Participant's Surviving
Spouse or Alternate Payee pursuant to another eligible deferred compensation plan under Section 457 of the
Code maintained by another employer that is a state, political subdivision of a state, any agency or
instrumentality of a state or political subdivision of a state shall be accepted for transfer by the Trustee in the
form and in the manner specified by the Administrative Service Agency. All such Section 457 Transfers shall
be credited to the Participant's Account or the Alternate Payee Account and shall be invested in accordance with
the investment direction of the Participant, the Beneficiary who is a Participant's Surviving Spouse or Alternate
Payee pursuant to Sections 4.2, 4.3, or 4.8, whichever is applicable; such Section 457 Transfers are subject to all
of the terms and conditions of the Plan.
(ii) (A) An accrued benefit of a Participant, a Beneficiary who is a Participant's Surviving Spouse
or Alternate Payee under an Eligible Retirement Plan that is distributed to the Participant, a Beneficiary
who is a Participant's Surviving Spouse or Alternate Payee or is directly rolled over to the Plan as an
Eligible Rollover Distribution may be accepted as a Rollover Contribution by the Trustee in the form
and in the manner specified by the Administrative Service Agency; l~rovMed, however, that such
Participant, Beneficiary who is a Participant's Surviving Spouse or Alternate Payee has made an
Investment Fund direction pursuant to Sections 4.2, 4.3, or 4.8, whichever is applicable, and filed a
written request with the Administrative Service Agency requesting that such transfer be accepted.
(B) The Administrative Service Agency, in accordance with the Code and procedures
established by the Committee, shall, as soon as practicable following its receipt of the written request of
a Participant, a Beneficiary who is a Participant's Surviving Spouse or Alternate Payee, determine
whether the Rollover Contribution shall be accepted by the Plan. Any written request filed by a
Participant, a Beneficiary who is a Participant's Surviving Spouse or Alternate Payee pursuant to this
Section 7.5(b) shall set forth the fair market value of such Rollover Contribution and a statement
satisfactory to the Administrative Service Agency that the amount to be transferred constitutes a
Rollover Contribution. In the event the Administrative Service Agency permits the transfer of the
Rollover Contribution, the Trustee shall accept such Rollover Contribution and the transfer of such
Rollover Contribution shall be deemed to have been made on the Valuation Date next following the date
on which it was paid over to the Trustee. The Rollover Contribution shall be maintained in a separate,
fully vested Rollover Account for the benefit of the contributing Participant or the Beneficiary who is a
March 11, 2003
Town Board Meeting
25
Participant's Surviving Spouse and, in the case of an Alternate Payee, the Alternate Payee Account, and
shall be invested in accordance with the investment direction of the Participant, the Beneficiary who is a
Participant's Surviving Spouse or Alternate Payee, pursuant to Sections 4.2, 4.3 or 4.8, whichever is
applicable.
(C) All amounts so transferred shall be credited to the Participant's Rollover Account or
Alternate Payee Account and shall not be available for distribution until ninety days, or other such date
specified by the Administrative Service Agency, following the date on which such amounts are credited
to the Rollover Account. No other contributions shall be allocated to the Rollover Account.
(c) With respect to trustee-to-trustee transfers, a Participant or Beneficiary may elect, in accordance with
procedures established by the Administrative Service Agency, to have all or any portion of the value of his or
her Account and Rollover Account transferred to the trustee of a defined benefit governmental plan of the State
as described in Section 414(d) of the Code; l~rovided, however, that such transfer is for the purchase of
permissive service credit (as defined in Section 415(n)(3)(A) of the Code) under such plan or a repayment of
contributions and earnings with respect to a forfeiture of service under such plan.
7.6 Notwithstanding anything in the Plan to the contrary, all distributions of a Plan Benefit to a Participant
or his or her Beneficiary shall commence in accordance with the amount and timing requirements of the
Treasury Regulations under Section 401 (a)(9) of the Code, which are incorporated herein by reference.
DESIGNATION OF BENEFICIARIES
8.1 Each Participant shall file with the Administrative Service Agency a written designation of one or more
persons as the Beneficiary who shall be entitled to receive the Plan Benefit, if any, payable under the Plan upon
his or her death. A Participant may from time to time revoke or change his or her Beneficiary designation
without the consent of any prior Beneficiary by filing a new designation with the Administrative Service
Agency. The last such designation received by the Administrative Service Agency shall be controlling;
l~rovMed, however, that no designation or change or revocation thereof shall be effective unless received by the
Administrative Service Agency prior to the Participant's death, and in no event shall it be effective as of a date
prior to such receipt.
8.2 If no such Beneficiary designation is in effect at the time of a Participant's death, or if no designated
Beneficiary survives the Participant, or if no designated Beneficiary can be located with reasonable diligence by
the Administrative Service Agency, the payment of the Plan Benefit, if any, payable under the Plan upon his or
her death shall be made by the Trustee from the Trust Fund to the Participant's Surviving Spouse, if any, or if
the Participant has no Surviving Spouse, or the Surviving Spouse cannot be located with reasonable diligence by
the Administrative Service Agency, then to his or her estate. If the Administrative Service Agency is in doubt
as to the right of any person to receive such amount, it shall inform the Committee and the Trustee and the
Trustee may retain such amount, without liability for any interest thereon, until the rights thereto are determined,
or the Trustee may pay such amount into any court of appropriate jurisdiction or to any other person pursuant to
applicable law and such payment shall be a complete discharge of the liability of the Trustee, Plan, Committee,
Employer, Administrative Service Agency and Financial Organizations. If the Beneficiary so designated by the
Participant shall die after the death of the Participant but prior to receiving a complete distribution of the amount
that would have been paid to such Beneficiary had such Beneficiary's death not then occurred, then, for
purposes of the Plan, the distribution that would otherwise have been received by such Beneficiary shall be paid
to the Beneficiary's estate.
8.3 No power of attorney, other than one properly executed in accordance with Section 5-1501 of Title 15
of the General Obligations Law of the State, as such may be amended from time to time, shall be effective to
permit an attorney-in-fact to make or change a Beneficiary designation on behalf of a Participant except upon
specific determination by the Administrative Service Agency that the instrument expressly grants the power to
act on behalf of the Participant regarding Beneficiary designation under this Plan.
ADMINISTRATION
9.1 Except as otherwise provided herein, the operation and administration of the Plan shall be the
responsibility of the Committee. The Committee shall have the power and the duty to take all action and to
make all decisions necessary or proper to carry out its responsibilities under the Plan. All determinations of the
Committee as to any question involving its responsibilities under the Plan, including, but not limited to,
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Town Board Meeting
interpretation of the Plan or as to any discretionary actions to be taken under the Plan, shall be solely in the
Committee's discretion and shall be final, conclusive and binding on all parties.
9.2 Without limiting the generality of the foregoing, the Committee shall have the following powers and
duties:
(a) to require any person to furnish such information as it may request for the purpose of the proper
administration of the Plan as a condition to receiving any benefit under the Plan;
(b) to make and enforce such rules and regulations and prescribe the use of such forms as it shall deem
necessary for the efficient administration of the Plan;
(c) to interpret the Plan and to resolve ambiguities, inconsistencies and omissions;
(d) to decide all questions concerning the Plan and the eligibility of any Employee to participate in the Plan;
(e) to determine the amount of benefits which shall be payable to any person in accordance with the
provisions of the Plan
(f) to permit more lenient time periods than otherwise may be specified in Sections 2.1, 3.1 (b), 3.1 (c), 4.3,
6.1, 6.3, 6.5, 7. l(a) and 9.5 of the Plan; provided, however, in no case may a Participant's election to commence
Compensation deferrals, or to modify existing Compensation deferrals, be effective until notice of such election
is filed with the Employer or Administrative Service Agency; and
(g) to determine the methods and procedures for the implementation and use of any automated telephone,
computer, internet, intranet or other electronic or automated system adopted by the Committee for purposes of
Plan administration, including, without limitation, for receiving and processing enrollments and instructions
with respect to the investment of assets allocated to a Participant's Account or Rollover Account and for such
other purposes as may be designated from time to time.
9.3 Except as may be prohibited by applicable law, neither the Committee nor any member thereof, nor any
person, firm or corporation to whom may be delegated any duty or power in connection with administering,
managing or supervising the administration or management of the Plan or Trust Fund, shall be liable for
anything done or omitted to be done by it or by them unless the act or omission claimed to be the basis for
liability amounted to a failure to act in good faith or was due to gross negligence or willful misconduct; nor for
the payment of any amount under the Plan; nor for any mistake of judgment made by it or on its behalf by a
member of the Committee; nor for the neglect, omission or wrongdoing of any member of the Committee. No
member of the Committee, nor any delegate, shall be personally liable under any contract, agreement, bond or
other instrument made or executed by him or her or on his or her behalf in connection with the Plan or Trust
Fund.
9.4 Except as otherwise provided in the Plan and the Trust Agreement, the Trustee shall have responsibility
with respect to the control or management of the assets of the Plan and the Trust Fund. The Committee shall
periodically review the performance and methods of the Trustee and the Committee may appoint and remove or
change the Trustee. The Committee shall have the power to appoint or remove one or more Financial
Organizations and to delegate to such Financial Organization(s) authority and discretion to manage (including
the power to acquire and dispose of) the assets of the Plan and Trust Fund in accordance with the Regulations
and shall periodically review the performance and methods of such Financial Organization(s) and may direct the
acquisition or disposition of the assets in any Investment Fund.
9.5 (a) The Committee shall have general authority under the Plan. The decisions of the Committee shall
be final, binding and conclusive on all interested persons for all purposes. The Committee may delegate its
general authority as it deems appropriate in accordance with the terms of the Plan and all applicable Code
sections and Treasury Regulations; provided, however, that such delegation shall be subject to revocation at any
time at the discretion of the Committee. Notwithstanding any other provision of the Plan, the Committee's
general authority shall include the right to review, revise, modify, revoke, or vacate any decision made or action
taken by any party under the Plan which right includes, but is not limited to, the right to review, revise, modify,
revoke, or vacate any decision of the Review Committee at any time upon reasonable notice to the claimant.
(b) Any claim to rights or benefits under the Plan, including, without limitation, any purported Qualified
Domestic Relations Order, or request for hardship withdrawal under Section 6 must be filed in writing with the
Committee, or with such other entity as the Committee may designate. Within sixty days after receipt of such
claim, the Committee, or such other entity designated by the Committee, shall notify the claimant and, if such
March 11, 2003 27
Town Board Meeting
claimant is not the Participant, any Participant against whose Plan Benefit the claim is made, that the claim has
been granted or denied, in whole or in part. Notice of denial of any claim in whole or in part by the Committee,
or by such other entity designated by the Committee, shall include the specific reasons for denial and notice of
the rights granted by Section 9.5(c).
(c) Any claimant or Participant who has received notice of denial or grant, in whole or in part, of a claim
made in accordance with the foregoing subsection (b) may file a written request within thirty days of receipt of
such denial for review of the decision by the Review Committee. Within ninety days after receipt of such
request for review, the Review Committee shall notify the claimant and, as applicable, the Participant, that the
claim has been granted or denied, in whole or in part; provided, however, that the Review Committee may in its
discretion extend such period by up to an additional 120 days upon notice to the claimant and, as applicable, the
Participant, prior to expiration of the original ninety days that such additional period is needed for proper review
of the claim. Notice of denial of any claim in whole or in part by the Review Committee shall include the
specific reasons for denial and shall be final, binding and conclusive on all interested persons for all purposes.
(d) Subject to the discretion of the Committee or such other entity as the Committee may designate to
determine otherwise, no distribution of any Plan Benefit shall be permitted during any period during which a
claim, including, without limitation, a purported Qualified Domestic Relations Order, against all or part of such
Plan Benefit is being reviewed in accordance with the provisions of this Section 9.5. If the Trustee or the
Administrative Service Agency reasonably believes that a claim, including, without limitation, a purported
Qualified Domestic Relations Order, against all or part of any Plan Benefit is likely to be asserted, such Trustee
or Administrative Service Agency shall notify the Committee and it shall be within the discretion of the
Committee to refuse to permit any distribution of all or part of such Plan Benefit pending determination of such
claim.
9.6 The Committee shall arrange for the engagement of legal counsel and certified public accountants, who
may be counsel or accountants for the Employer, and other consultants, and make use of agents and clerical or
other personnel, for purposes of this Plan. The Committee may rely upon the written opinions of counsel,
accountants and consultants, and upon any information supplied by the Trustee, a Financial Organization or
Administrative Service Agency appointed in accordance with the Regulations, and delegate to any agent or to
any member of the Committee its authority or the authority of the Employer to perform any act hereunder,
including without limitation those matters involving the exercise of discretion; provided, however, that such
delegation shall be subject to revocation at any time at the discretion of the Committee.
9.7 No member of the Committee shall be entitled to act on or decide any matters relating solely to such
member or any of his or her rights or benefits under the Plan.
9.8 Any action of the Committee may be taken at a meeting. The Committee shall establish its own
procedures and the time and place for its meetings and provide for the keeping of minutes of all meetings.
9.9 Notwithstanding any other provision hereof, the Plan shall at all times be operated in accordance with
the requirements of applicable law, including, without limitation, the Regulations.
AMENDMENT OR TERMINATION
10.1 (a) Subject to Section 10.1 (b) and any requirements of State or federal law, the Committee reserves the
right at any time and with or without prior notice to amend, suspend or terminate the Plan, any deferrals
thereunder, the Trust Agreement and any Investment Fund, in whole or in part and for any reason and without
the consent of any Employee, Participant, Beneficiary or other person. The Plan shall be terminated
automatically upon complete and final discontinuance of all deferrals thereunder.
(b) No amendment or modification shall be made which would retroactively impair any individual's rights
to any benefits under the Plan, except as provided in Section 10. l(c).
(c) Any amendment, suspension or termination of any provisions of the Plan, any deferrals thereunder, the
Trust Agreement or any Investment Fund may be made retroactively if required to meet any applicable
requirements of the Code or any other applicable law.
10.2 Upon termination of the Plan, the Employer shall permit no further deferrals of Compensation under the
Plan and all Plan Benefits and other interests in the Trust Fund shall thereafter be payable as provided in the
Plan. Any distributions, transfers or other dispositions of the Plan Benefits as provided in the Plan shall
constitute a complete discharge of all liabilities under the Plan. The Committee and the Trustee(s) shall remain
March 11, 2003 28
Town Board Meeting
in existence and the Trust Agreement and all of the provisions of the Plan which in the opinion of the
Committee are necessary for the execution of the Plan and the administration and distribution, transfer or other
disposition of interests in the Trust Fund shall remain in force.
GENERAL LIMITATIONS AND PROVISIONS
11.1 The Plan, as duly amended from time to time, shall be binding on each Participant and his or her
Surviving Spouse, heirs, administrators, trustees, successors, assigns, and Beneficiaries and all other interested
persons.
11.2 Nothing contained herein shall give any individual the right to be retained in the employment of the
Employer or affect the right of the Employer to terminate any individual's employment. The adoption and
maintenance of the Plan shall not constitute a contract between the Employer and any individual or
consideration for, or an inducement to or condition of, the employment of any individual.
11.3 If the Administrative Service Agency shall find that any person to whom any amount is payable under
the Plan is unable to care for his or her affairs, is a minor, or has died, then it shall so notify the Committee and
the Trustee, and any payment due him or her or his or her estate (unless a prior claim therefor has been made by
a Beneficiary, Surviving Spouse or duly appointed legal representative or the time period during which a
Beneficiary or Surviving Spouse could make a claim under the Plan has not elapsed) may, if the Trustee so
elects, be paid to his or her spouse, a child, a relative, or any other person maintaining or having custody of such
person otherwise entitled to payment or deemed by the Trustee to be a proper recipient on behalf of such person.
Any such payment shall be a complete discharge of all liability under the Plan therefor.
11.4 (a) Except insofar as may otherwise be required by law or in accordance with this Section 11.4, no
amount payable at any time under the Plan shall be subject in any manner to alienation by anticipation, sale,
transfer, assignment, bankruptcy, pledge, attachment, garnishment, charge or encumbrance of any kind, and any
attempt to so alienate such amount, whether presently or thereafter payable, shall be void. If any person shall
attempt to, or shall, so alienate any amount payable under the Plan, or any part thereof, or if by reason of
bankruptcy or other event happening at any time such amount would not be enjoyed by the person to whom it is
payable under the Plan, then the Trustee shall notify the Committee and, if it so elects, may direct that such
amount be withheld and that the same or any part thereof be paid to or for the benefit of such person, his or her
spouse, children or other dependents, or any of them, in such manner and proportion as the Trustee may deem
proper.
(b) Payments with respect to a Participant's Plan Benefit may be made by the Trustee from the Trust Fund
to one or more Alternate Payees pursuant to the terms of a Qualified Domestic Relations Order; l~rovided
however, that such Qualified Domestic Relations Order shall not create any rights greater than the Participant's
rights under the Plan. Notwithstanding any provisions of the Plan to the contrary, any distribution due to an
Alternate Payee may be paid in one lump sum as soon as practicable following the qualification of the order if
the Alternate Payee consents thereto; otherwise it shall be payable on or after the date on which the Participant
attains Earliest Retirement Age. Upon receipt of a Qualified Domestic Relations Order by the Plan, a portion of
the Participant's Account and Rollover Account, which portion shall be determined in accordance with the
Qualified Domestic Relations Order, shall be segregated and maintained on behalf of each Alternate Payee
designated under such Qualified Domestic Relations Order until payment is made to the Alternate Payee in
accordance with this Section 11.4 and the terms of the Plan. No liability whatsoever shall be incurred by the
Committee, Trustee, Employer, Administrative Service Agency, Review Committee or any Financial
Organization solely by reason of any action taken in accordance with this Section 12.4 pursuant to the terms of a
Qualified Domestic Relations Order.
11.5 Each Participant shall file with the Administrative Service Agency such pertinent information
concerning himself or herself and his or her Beneficiary as the Committee may specify, and no Participant,
Beneficiary or other person shall have any rights or be entitled to any benefits under the Plan unless such
information is filed by or with respect to him or her.
11.6 All elections, designations, requests, notices, instructions, and other communications from a Local
Employer, Employee, Participant, Beneficiary, Surviving Spouse or other person to the Committee,
Administrative Service Agency or the Employer required or permitted under the Plan shall be in such form as is
prescribed from time to time by the Committee, shall be mailed by first class mail or delivered to such location
March 11, 2003
Town Board Meeting
29
as shall be specified by the Committee, and shall be deemed to have been given and delivered only upon actual
receipt thereof at such location. Copies of all elections, designations, requests, notices, instructions and other
communications from an Employee, Participant, Beneficiary, Surviving Spouse or other person to the Employer
shall be promptly filed with the Administrative Service Agency.
11.7 All notices, statements, reports and other communications from a Local Employer, the Trustee or the
Committee to any Employee, Participant, Beneficiary, Surviving Spouse or other person required or permitted
under the Plan shall be deemed to have been duly given when delivered to, or when mailed by first class mail,
postage prepaid and addressed to such Employee, Participant, Beneficiary, Surviving Spouse or other person at
his or her address last appearing on the records of the Committee, the Trustee or the Local Employer.
11.8 The Committee may, upon the recommendation of the Administrative Service Agency, enlarge or
diminish the time periods set forth in Sections 2.1, 3. l(b), 3. l(c), 4.3, 6.1, 6.3, 6.5 and 9.5; provided it
determines that such action is necessary or desirable to facilitate the proper administration of the Plan, and
19rovidedfurther that in no case may a Participant's election to commence Compensation deferrals, or to modify
existing Compensation deferrals, be effective until notice of such election is filed with the Employer or
Administrative Service Agency.
11.9 The amounts set aside and held in the Trust Fund shall be for the exclusive purpose of providing
benefits to the Participants and their Beneficiaries and Alternate Payees and defraying expenses of Plan and
Trust Fund administration and no part of the Trust Fund shall revert to any Employer; provided, however, that
the setting-aside of any amounts to be held in the Trust Fund is expressly conditioned upon the following: if an
amount is set aside to be held in the Trust Fund by an Employer in a manner which is inconsistent with any of
the requirements of Section 457(b) of the Code, such amount shall be returned to such Employer prior to the
first day of the first Plan Year commencing more than 180 days after the date of notification of such
inconsistency by the Secretary of the Treasury. Any amounts so returned to the Employer, and the earnings
thereon, shall be distributed to the Participants on whose behalf such amounts were set aside.
11.10 The Trust Fund shall be the sole source of benefits under the Plan and, except as otherwise required by
applicable law, the Committee, the Employer and the Trustee assume no liability or responsibility for payment
of such benefits, and each Participant, his or her spouse or Beneficiary, or other person who shall claim the right
to any payment under the Plan shall be entitled to look only to the Trust Fund for such payment and shall not
have any right, claim or demand therefor against the Committee, or any member thereof, the Employer, the
Trustee, or any employee or director thereof.
11.11 Any and all rights or benefits accruing to any persons under the Plan shall be subject to the terms of the
Trust Agreement or any other funding instrument that is part of the Plan and the Trust Fund.
11.12 The duties and responsibilities allocated to each person under the Plan and the Trust Agreement shall be
the several and not joint responsibility of each, and no such person shall be liable for the act or omission of any
other person.
11.13 The captions preceding the Sections hereof have been inserted solely as a matter of convenience and in
no way define or limit the scope or intent of any provisions hereof.
11.14 The Plan and all rights thereunder shall be governed by and construed in accordance with the Code and
the Treasury Regulations promulgated thereunder and the laws of the State.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#142
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Employee
Health Plan budget as follows:
To-'
March 11, 2003
Town Board Meeting
MS. 1910.4.000.000
INSURANCE, C.E.
30
$ 20,000.00
From:
MS.9060.8.000.000 Medical Benefits $20,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#143
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for Traffic Control Officers for the 2003 summer season, for the Police
Department said hourly rate is tentative pending agreement with CSEA on a successor collective
bargaining agreement.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#144
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Michael Anasagasti to
the position of full-time Construction Equipment Operator in the Landfill Department at a salary
of $21.3934 per hour, effective March 13, 2003, in accordance with the rules and regulations set forth
by the Suffolk County Department of Civil Service.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#145
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 Horton to execute an agreement between the Department of Environmental
Conservation of the State of New York and the Town of Southold for the Mitigation of Shoreline
Erosion Damage at Mattituck Inlet, Feasibility Study.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#146
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
March 11, 2003
Town Board Meeting
A. 1680.2.400.440
FROM:
31
Data Processing, Equipment,
PC Equipment
$24,000.00
A. 1990.4. lee. lee Unallocated Contingencies $24,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#147
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS The New York State Department of Environmental Conservation (NYSDEC), Division of
Solid and Hazardous Materials has approved the application of the Southold Town Solid Waste
Management District for a grant under the Household Hazardous Waste State Assistance Program in
the amount of $97,500, and
WHEREAS NYSDEC has forwarded to the Town a proposed contract to provide this funding, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to implement said contract through his signature, as required,
subject to the review and approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#148
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
A. 1620.2.500.750 Buildings & Grounds, Capital Outlay
Road End Restorations $2,750.00
FROM:
A. 1990.4. lee. lee Unallocated Contingencies $2,750.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#149
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold here by grants permission to Juan
Antonia Secaida to locate two {2} temporary one family dwellin~ house trailers on his property
for a six {6} month period to provide living quarters to occupy during the reconstruction of his
dwelling after damages sustained from a fire on February 22, 2003. Location of property is 630
Wiggins Street, Greenport, New York.
March 11, 2003
Town Board Meeting
32
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#150
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2003 budget as follows:
To:
B.3620.1.100.200 Building Department
Full-time employees
Overtime Earnings $10,000.00
From:
B. 1990.4.100.100 Unallocated Contingencies $10,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#151
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of South Shore
Docks~ Inc. in the amount of $32~750 for the reconstruction and restoration of the West Road
Bulkhead.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#152
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for the purchase of one (1) late model 1998 used truck chassis or equal, for use
by the Southold Town Highway Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#153
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the County of Suffolk Department of
Public Works for the installation of a traffic signal at County Road 48 and Cox Lane~ Cutchogue~
N.Y. as recommended by the Superintendent of Highways and Town Engineer, all in accordance with
the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
March 11, 2003
Town Board Meeting
33
#154
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to si~n the Certificates of Compliance for the Suffolk County
Livin~ Wa~e Law for the following programs:
Supplemental Nutrition Assistance Program (Home Delivered Meals)
III-C Nutrition Program
CSE Residential Repair Program
CSE Adult Day Care
all in accordance with the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#155
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, in 1986 Albert J. Krupski, Jr., sold the development rights to the Town of Southold to
21.8 acres of his 27.8774 acre farm; and
WHEREAS, the property is now known as SCTM# 1000-97-8-31.2, 31.3 and 31.4; and
WHEREAS, Albert Krupski, Jr., is currently before the Planning Board to subdivide the reserved area
into 2 lots; and
WHEREAS, the Health Department has required the filing of a Declaration of Covenants and
Restrictions as a condition of approval. The Declaration pertains to conditions having to do with public
water connections to the proposed residential lots; and
WHEREAS, due to the fact that the Town owns the development rights, a consent form is required
from the Town, consenting to the filing of the above-mentioned covenants and restrictions; be it
therefore
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Joshua Y. Horton to si~n the consent form known as Schedule B for Albert J. Krupski~
Health Department Reference No. S10-01-0016.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#156
Moved by Councilman Richter, seconded by Councilman Wickham, it was
WHEREAS, the Senior Services Department wishes to purchase food and supplies necessary to
provide nutritional services to eligible Senior Citizen residents, and
WHEREAS, the Town's auditors have noted that the Town must be sure to obtain the best possible
price for the food purchased, and
WHEREAS, annual competitive bidding for such products is cumbersome bidding and does not
necessarily bring the best price due to the dynamics of the food supplies price structures, and
WHEREAS, the Town Senior Citizen Program Director has investigated purchasing food through a
group purchasing program and has found the pricing to be very good and current at the time of
purchase and hereby recommends entering into such an agreement; now therefore be it
March 11, 2003
Town Board Meeting
34
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the
Supervisor to sign an agreement with Prime Services~ Inc. 6101 Robinson Road~ Lockport~ New
York in order for the Town to participate in a group purchasing program for food and other
supplies for the Town's Senior Nutrition Program; and be it
FURTHER RESOLVED, that this method of purchase has been evaluated by the Town's Attorney's
Office and appears to meet the standards of General Municipal Law 103 of the Consolidated Laws of
the State of New York, which authorizes nutrition programs that receive
federal, state or local funding to enter into joint contracts and arrangements to purchase food without
the requirement of competitive bidding.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#157
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold authorizes Valerie Scopaz~ Town
Planner to go on a fact finding mission to Talbot County Planning Offices~ Maryland to
investigate their unique Planning measures from March 16 - March 18, 2003, and meals, lodging,
and travel shall be a legal charge to the 2003 Planning department budget, specifically the Moratorium
Consultant line (B.8020.4.500.600, be it further
RESOLVED that the Town Board authorizes Moratorium Consultant Lisa Kombrink to attend the
above at a cost of $1,850.00. This is to be a legal charge to the 2003 Planning department budget,
specifically the Moratorium Consultant line (B. 8020.4.500.600).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#158
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Cheryl Kaswell to the
full-time position of Account Clerk Typist in the Southold Town Senior Services Department at a
salary of $31,268.84 per year, effective April 10, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#159
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 agreement with the County of Suffolk for the 2003
STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2003 through
December 31, 2003, all in accordance with the approval of the Town Attorney., all in accordance with
the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
March 11, 2003
Town Board Meeting
35
#160
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold grants permission to Pat Conklim
Damon Rallis and Michael Verity to attend Code Enforcement Training scheduled for June 3-5,
June 10-12, July 8-10, July 29-3 land August 18-21, 2003 at Suffolk County Fire Training Academy.
All classes will run from 8 am - 5 pm. All registration, travel expense to be a legal charge to the
Building Department 2003 budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#161
Moved by Councilman Richter, seconded by Councilman Moore,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 1 lth day of March, 2003 a Local Law entitled "A Local Law in relation to
Exemption for Disabled Persons With Limited Income" Now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of
March~ 2003 at 8:00 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed "A Local Law in relation to Exemption for Disabled Persons With Limited
Income", reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
A Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited
Income"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To increase the income limit for disability exemptions considering the current pace of
inflation.
II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows:
§ 85-9. Exemption granted.
A. Real property owned by a person with disabilities whose income is limited by such disabilities,
and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to
the extent of 50% of assessed valuation.
B. [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001] To be eligible for
the exemption authorized by such § 459-c and implemented by this article, the maximum income of
such person shall not exceed $20,500 21,500. Any such person having a higher income shall be
eligible for exemption in accordance with the following schedule:
Annual Income
Up to Sg0r499 21,499
$~ ~ ~ ~ Acm 21,500 to $22,499
$~ ~,~ ~ Acm 22,500 to $23,499
$~ <~,~ eo~ ~cm 23,500 to $24,499
Percentage Assessed
Valuation Exempt
From Taxation
50%
45%
40%
35%
March 11, 2003
Town Board Meeting
36
24,500 to $25,399
25,400 to $26,299
26,300 to $27,199
27,200 to $28,099
28,100 to $28,999
29,000 to $29,899
3O%
25%
20%
15%
10%
5%
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or
after March 1. 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: We have a few resolutions left, we are going to move forward with those
resolutions before we move into the public hearings.
#162
Moved by Councilman Moore, seconded by Councilman Wickham, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 1 lth day of March, 2003 a Local Law entitled "A Local Law in relation to Senior
Citizens Exemption" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of
March~ 2003 at 8:05 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed "A Local Law in relation to Senior Citizens Exemption", reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
A Local Law entitled "A Local Law in relation to Senior Citizens Exemption"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Purpose -To increase the income limit for senior citizen exemptions considering the current pace of
inflation.
II. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as follows:
§ 85-1. Partial exemption for senior citizens
A. Amount of exemption.
(1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real
property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from
town taxes to the extent provided, subject to the following income limitations:
Income Extent of Exemption
Up to Sg0r499 21,499 50%
$~c~ ~cm ~ ~ A~ 21,500 to $22,499 45%
March 11, 2003
Town Board Meeting
37
Ann 22,500 to $23,499 40%
A~ 23,500 to $24,499 35%
~oo 24,500 to $25,399 30%
~oo 25,400 to $26,299 25%
~ oo 26,300 to $27 199 20%
~oo 27,200 to $28,099 15%
ooo 28,100 to $28,999 10%
~oo 29,000 to $29,899 5%
Such exemption shall be computed after all other partial exemptions allowed by law have been
subtracted from the total amount assessed
lll. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or
after March 1, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#163
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the rates of the
following Town employees effective January 1~ 2003:
NAME CURRENT NEW
HOURLY HOURLY
DEPARTMENT TITLE RATE
PROGRAMS FOR AGINGBAJEK/MARY FOOD SERVICE WORKER 9.65
PROGRAMS FOR AGINGBURKE/CHRISTOPHER FOOD SERVICE WORKER 9.65
PROGRAMS FOR AGING CARROLL/MELISSA A FOOD SERVICE WORKER 9.65
PROGRAMS FOR AGING CRENSHAW/SABRINA E MINI BUS DRIVER 9.65
PROGRAMS FOR AGINGFORD/JOHN T MINI BUS DRIVER 9.65
PROGRAMS FOR AGINGFREEMAN/BEATRICE A MINI BUS DRIVER 9.65
PROGRAMS FOR AGINGNIELSEN/THOMAS S HOME HEALTH AIDE 9.65
PROGRAMS FOR AGING O'KEEFE/JAMES M MINI BUS DRIVER 9.65
PROGRAMS FOR AGINGROCCO/JEAN A MINI BUS DRIVER 9.65
PROGRAMS FOR AGING SCHMIDTCHEN/DOROTHY HOME HEALTH AIDE 9.65
PROGRAMS FOR AGING SIMCIK/ELIZABETH HOME HEALTH AIDE 9.65
PROGRAMS FOR AGING STONER/LORI E MINI BUS DRIVER 9.65
PROGRAMS FOR AGINGWHITEHEAD/JOHN D MINI BUS DRIVER 9.65
PROGRAMS FOR AGINGKASWELL/CHERYL A CLERK TYPIST PT 10.02
RATE
1025
1025
1025
1025
1025
1025
1025
1025
1025
1025
1025
1025
1025
1025
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
March 11, 2003
Town Board Meeting
38
#164
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 extension to the a~reement between the Town of
Southold and the Civil Service Employee Association (C.S.E.A.), Incorporated, Local 1000,
AFSCME, AFL-CIO, Southold Unit 8785 to help alleviate the Public Safety Dispatcher shortage the
Town is experiencing. The original agreement was executed at the November 7, 2002 regular Town
Board meeting.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#165
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, a bill has been introduced in the State Legislature as S.2479 and A. 54231 and
WHEREAS, the bill seeks to increase the limitation on amount to be raised by taxes for the purpose of
certain highway equipment to three hundred thousand dollars ($300,000.) in the Town of Southold,
County of Suffolk; now, therefore, be it
RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold
hereby requests the enactment of Senate Bill No. 2479 and Assembly Bill No. A.5423 entitled "AN
ACT to Amend the Town Law and Chapter 114 of the Laws of the State of New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#166
Moved by Councilman Richter, seconded by Councilman Wickham,
WHEREAS an application has been made by Zoumas Home Builders for a waiver from the
provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003) entitled "Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Major
Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law
#3-2002 to permit the Planning Board to consider an application for a major subdivision of Zoumas at
Bayview for the parcels of property known as SCTM# 1000-79-4-17.14 and 17.17; and
WHEREAS the application involves the subdivision of a 48.21 acre parcel into 22 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of
Local Law #3-2002 and Local Law #3-2003, and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive
the application of any provision of this Local Law, in its legislative discretion, upon its determination,
that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of
property. To grant such request, the Town Board must find that a variance or waiver will not adversely
affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any
comprehensive planning being undertaken in the Town. The Town Board shall take into account the
March 11, 2003
Town Board Meeting
39
existing land use in the immediate vicinity of the property and the impact of the variance or waiver on
the water supply, agricultural lands, open and recreational space, rural character, natural resources, and
transportation infrastructure of the Town. The application must comply with all other applicable
provisions of the Southold Town Code.
WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners
and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold and certain comprehensive planning currently being undertaken
includes, but is not limited to a 80% preservation of open space throughout the Town and a 60%
reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS the Planning Board of the Town of Southold has reported that no portion of the site will
remain open space; the proposed use may have a significant impact on the transportation infrastructure
in the area, including an effect should evacuation of the Hogs Neck peninsula be necessary; the
application may have an impact on the natural resources in the area, including an effect on wildlife as
clearing of a large portion of the property will be necessary; the application does not fully support the
preservation of rural character; the application will adversely impact wooded open space; the Planning
Board has required a Generic Environmental Impact Statement (GELS) for the Hog Neck Peninsula and
the application could be deemed as prohibited "segmenting" according to SEQRA; and
WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary
hardship pursuant to the criteria; and
WHEREAS the Town Board of the Town of Southold finds that the application fails to meet the goals
of preservation and planning being undertaken and reviewed by the "moratorium group"; and
WHEREAS the waiver application, if approved, could have a serious detrimental impact on the
extensive and exhaustive comprehensive planning currently being undertaken by the Town; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing, the comprehensive planning currently being undertaken by the Town, the above referenced
facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No. 3 of 2003,
Section 6. Appeals Procedures, the applicant has failed to meet its burden pursuant to the criteria; and
be it
RESOLVED by the Town Board of the Town of Southold that the application is hereby denied.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton. Abstain: Councilman Moore.
This resolution was duly ADOPTED.
#167
Moved by Councilman Moore, seconded by Councilman Wickham,
WHEREAS an application has been made by Edgar and Valerie Marvin for a waiver from the
provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003) entitled "Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Major
Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law
#3-2002 to permit the Planning Board to consider an application for a minor subdivision for the parcel
of property known as SCTM# 1000-117-10-09; and
March 11, 2003
Town Board Meeting
40
WHEREAS the application involves the subdivision of a 2.081 acre parcel into 2 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of
Local Law #3-2002 and Local Law #3-2003 and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary
or waive the application of any provision of this Local Law, in its legislative discretion, upon its
determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting
a parcel of property. To grant such request, the Town Board must find that a variance or waiver will
not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold
or any comprehensive planning being undertaken in the Town. The Town Board shall take into account
the existing land use in the immediate vicinity of the property and the impact of the variance or waiver
on the water supply, agricultural lands, open and recreational space, rural character, natural resources,
and transportation infrastructure of the Town. The application must comply with all other applicable
provisions of the Southold Town Code.
WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners
and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold and certain comprehensive planning currently being undertaken
includes, but is not limited to a 80% preservation of open space throughout the Town and a 60%
reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in
that he is eighty years old and spent thousands of dollars on applications, surveys, inspections and
other professional fees in an effort to secure approval from the Suffolk County Health Department and
Suffolk County Water Authority; and
WHEREAS the Town Board finds that the application is not in contrast with the extensive planning
initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of
Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of the
Local Law # 3 of 2002 and Local Law #3 of 2003; and
WHEREAS the Town Board of the Town of Southold finds that the application will not adversely
affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is
consistent with the existing land use in the surrounding area and has a minimal impact on water supply,
rural character, natural resources and transportation infrastructure of the Town; and
WHEREAS the Town Board of the Town of Southold finds that the application has no effect on
agricultural lands and open and recreational space; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No.
3 of 2003, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and
be it
RESOLVED by the Town Board of the Town of Southold that the application is hereby approved.
March 11, 2003
Town Board Meeting
41
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore. No: Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#168
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Horton to
execute a contract with the North Fork Animal Welfare League to operate the Town Animal
Shelter from January 1, 2003- December 31, 2003 for $150,000.00 (one hundred and fifty thousand
dollars) subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#169
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby en~a~es the professional services
of The Nature Conservancy to perform Conservation Planning~ Acquisitiom and Professional
Services related to the Town's land preservation efforts within the Pipes Cove area, and authorizes the
Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject
to review of the contract language by the Town Attorney. Compensation shall not exceed $15,000, and
the contract term shall be from January 1, 2003 -December 31, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#170
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby en~a~es the professional services
of the Peconic Land Trust to perform Stewardship Services related to the Town's land preservation
efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust and the
Town of Southold, subject to review of the contract language by the Town Attorney. Compensation
shall not exceed $35,000 and the contract term shall end on December 31, 2003 or at the completion of
the tasks outlined in the contract.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#171
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby en~a~es the professional services
of the Peconic Land Trust to perform Conservation Planning~ Acquisitiom and Professional
Services related to the Town's land preservation efforts, and authorizes the Supervisor to sign the
agreement between the Peconic Land Trust and the Town of Southold, subject to review of the contract
language by the Town Attorney. Compensation shall not exceed $50,000, and the contract term shall
be from January 1, 2003 - December 31, 2003.
March 11, 2003
Town Board Meeting
42
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#172
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby ratifies the terms of an
agreement dated March 5~ 2003 between the Town of Southold and a Town employee.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes our resolutions for the evening. We will move at this point
into our two public hearings. Commencing with the first, which is a hearing on Local Law in relation
to General Business District in Chapter 100 of the Zoning Code of Southold.
Meeting reconvened at
SUPERVISOR HORTON: We do have a portion of the meeting dedicated to the public, if anyone
would care to address the Town Board on town related business.
MS. EGAN: Hi, Mr. Richter ! heard something good, ! heard you formed the 'Joan Egan fan club', is
that so? Huh?
COUNCILMAN RICHTER: It is a pleasure to see you.
MS. EGAN: ! heard that in the IGA, ! addressed a question to you last week and ! found out what it is,
if you see any kind of public urination, a policeman has to witness it, you can report it to the Police
Department and it is at the discretion of the Police Officer or Detective who takes the report, whether
he wants to notify the people that this has happened and sort of give them a wake-up call that it doesn't
happen again. Mr. Moore, ! went to Cablevision and paid my bill and ! always give them a piece of
my mouth, you are not the only ones who get it. What happened there was ! asked the young lady, and
! am giving her a lot of credit when ! say lady, when were the seniors going to get their discount. She
said maybe this summer and ! said, 'Oh, this summer starts June 22, will it be before that or after that?'
'I don't know.' I said, 'I see, when are you going to find out?' 'I don't know.' She said, 'you call up.'
! said, okay, now in addition, how are you going to ascertain that we are seniors and this was her reply
and this is a quote, "you will have to bring your real estate and your tax bill to be copied" and ! said
that will never happen. ! went home and finally got to someone good. It is called the Cablevision
comforter. And she said that she will look into it, so ! am passing that along. Mr. Romanelli, darling,
apparently, either a lack of communication or ability but Riverhead Lumber has not cleaned up their
mess in front of 7-11 in Greenport and there is a lot of black ice on the road but this is brown ice or
whatever, so we will take care of that. That is it.
SUPERVISOR HORTON: Would anyone else care to address the Town Board?
March 11, 2003
Town Board Meeting
43
BARBARA TAYLOR: Barbara Taylor, Cutchogue. I understand that the sewage plant is going to be
closing in Greenport pretty soon and I was wondering where they are planning on dumping the
sewage, is it going to be the Cutchogue landfill?
SUPERVISOR HORTON: There have been no discussions with the Town Board and no plans.
MS. TAYLOR: So as of now it is not going to be the Cutchogue landfill?
SUPERVISOR HORTON: That is correct.
MS. TAYLOR: Okay.
JOAN TENNANT: I am Joan Tennant, I live in Greenport. I am on the Steerage Committee for
Community Land Trust. Just a point of clarification, Mr. Supervisor you said that Karen McLoughlin
was spearheading and I just wondered what you meant by spearheading.
SUPERVISOR HORTON: She is very involved with it.
MS. TENNANT: Right.
SUPERVISOR HORTON: As you know, on behalf of the Town. What I mean by that, spearheading
the Town focus on it.
MS. TENNANT: Because she is not the Chairwoman.
SUPERVISOR HORTON: That is correct.
MS. TENNANT: Okay, just clarification.
SUPERVISOR HORTON: Indeed. Are there other comments from the floor?
ANN PHILLIPS: Good Evening, Ann Phillips from Cutchogue. I wanted to speak at the last Town
Board meeting but I thought it was a little too volatile and I didn't want to add any fuel to the fire. So
it is too bad that people can't lose graciously. I would like to congratulate the North Fork Animal
Welfare League on their overwhelming win in the February 8 election. The people of the Town of
Southold have spoken, showing that they are satisfied with the way that the League is running the
Shelter. As a member of the Shelter, I think that it behooves us to know what the League is all about.
And that is to give to the animals the best care and see that the animals are given a safe environment.
Our next step is to make the Shelter a reality for the animals in this area. In pursuant of this, there are
several questions that require answers from the Town Board. First of all, it is the Town's
responsibility to build the Shelter. Is that correct?
SUPERVISOR HORTON: That is correct.
March 11, 2003
Town Board Meeting
44
MS. PHILLIPS: Okay and the moneys that were collected and allocated and budgeted are they
available now, or do we have to do something or could you take me through the steps of the
availability of, you know eventually building the Shelter.
SUPERVISOR HORTON: Certainly, I will actually let Mr. Moore handle that. He has been very
involved.
COUNCILMAN MOORE: Town Board put $750,000 in the Capital Budget. There is a formal
process, the Town Attorney sets up a special bond counsel, we do a bond resolution to put in place the
ability to borrow that money. We didn't put that money into our budget from our tax dollars out of this
years tax money but we have the bond for it. There is a process by which we do that. Where we are at
the moment is the plans are being run past a couple of architects who specialize in animal design, to
see if the layout that we have worked up is a good, programatically is a good idea. And once we get
back some input from those folks, we are asking them to do, we don't want them to design the whole
thing all over for us, we have seen quite a bit. We want to take a look and see if there is any glaring
error and then we draw up the plans and the specifications for it with some engineering and
architectural help and put out for bid. That is the process of where we go.
MS. PHILLIPS: Okay, one of the meetings that I was at that you chaired, you said something about
getting solar heating and are you, is this in the future or would this be a possibility.
COUNCILMAN MOORE: The fellow who was really helping us with that has left the room. We had
some meetings, 8, 10, 12 months ago.
MS. PHILLIPS: Absolutely.
COUNCILMAN MOORE: One of the meetings subsequent to that, with some of the folks from LIPA
and we were trying find any avenue for renewable, reusable, energy efficiency, so the door is open to
keep an eye on that. We haven't shut the door down at all.
MS. PHILLIPS: You had spoken about having it in correlation with one of the University's and
having people come in and study along with us and be given a grants ....
COUNCILMAN MOORE: We would like to go that route but I am not going to let the construction of
a new facility get hung up on whether or not that is feasible.
MS. PHILLIPS: I can understand that but it is something that you would be ....
SUPERVISOR HORTON: In thinking broadly, in trying to have the big picture and pool from various
resources, that is something that has been discussed.
MS. PHILLIPS: I see. So in other words, you think that we are going to be breaking ground sometime
this summer?
COUNCILMAN MOORE: Absolutely.
March 11, 2003
Town Board Meeting
45
MS. PHILLIPS: You do.
COUNCILMAN MOORE: I do.
MS. PHILLIPS: Oh, okay. So it is all in you hands in other words ..... (tape change)...it is just going
to be built.
COUNCILMAN MOORE: Oh, we are going to be build it. You will need a town referendum on this,
we will have to go through the bond process to provide the funding for it.
MS. PHILLIPS: I see.
SUPERVISOR HORTON: When the plans are approved, they will then go out to bid and at which
point the bid contract would be awarded by the Town Board.
MS. PHILLIPS: I see. Okay, thank-you very much.
SUPERVISOR HORTON: Thank-you, Mrs. Phillips. Are there other comments from the floor?
BENJAMIN SCHWARTZ: Benjamin Schwartz from Cutchogue. I would just like to follow up on
that last comment, very quickly saying that you have, currently have plans and they are under review
with various people. Who are the various people and will there be any opportunity for other people to
review the plans before they are put out to bid?
COUNCILMAN MOORE: We have had a lot of input on this, over the last year and there were
numerous meetings held that came out with a design, we are now running past, we are seeking two
architects to take a look at this thing. And that is where we are at right now, we want to get their
comments back. People who have designed animal shelters in the past.
MR. SCHWARTZ: Can you tell us who they are?
COUNCILMAN MOORE: I would rather wait till we get back from them whether they are actually
going to do it. We have solicited their input and I would actually like to hear back that they are
actually going to do it for us.
MR. SCHWARTZ: Okay. Will there be any opportunity, if someone wanted to look at the plans now,
could they come to the Town Clerks ......
COUNCILMAN MOORE: I have the drawing in my office and we have the Town Engineer/Architect
has drawings in his office. We would be happy to show it anybody who would like to take a look.
MR. SCHWARTZ: Maybe we could get a copy of it somehow?
COUNCILMAN MOORE: Sure.
SUPERVISOR HORTON: Are there other comments from the floor?
March 11, 2003
Town Board Meeting
46
MS. EGAN: I meant to address this before. The weather report says that we are going to get more
snow Thursday and Friday and on the radio you mentioned that people should do the right thing with
their snow and where they put it and I think I asked you on the radio to ask Mr. Yakaboski to find out
what is to be done with that. I don't want to break the law and I am sure that he wouldn't want me to.
Thank-you.
SUPERVISOR HORTON: Thank-you, Mrs. Egan.
MS. EGAN: Do you know the answer?
SUPERVISOR HORTON: The answer is social conscience. That we should all take care of our
sidewalks when it snows. Would anyone else care to address the Town Board? (No response) Thank-
you so much for attending, appreciate your input and we will reconvene in two weeks.
* * * * * *
~~~n;tO?j:mP'~
Elizabeth A. Neville
Southold Town Clerk