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HomeMy WebLinkAboutTB-09/09/2003 SOUTHOLD TOWN BOARD REGULAR MEETING September 9, 2003 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, September 9, 2003 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: 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 F. Yakaboski SUPERVISOR HORTON: Good evening and welcome to the September 9, 7:30 P.M. public meeting of the Southold Town Board. Please rise and join us in the Pledge to the Flag. Please remain standing for a brief moment of silence in commemoration of the anniversary of September 11, two days away. Please keep it in mind. Those that perished and their families. At the public Town Board meeting, we offer two times over the course of the meeting for the public to address the Town Board. First will be prior to the reading of any of the resolutions that are on the printed agenda, at which point ! will offer the floor to the public, you may address the Town Board on the resolutions that are on the printed agenda, using either of the two microphones located at the front of the room. Please state your name clearly and your name and your residence for our record. And at the conclusion of the resolutions, ! will offer, the Town Board will also offer the floor to the public to address the Town Board on town related issues. We have numerous reports, public notices and communications available for the public September 9, 2003 2 Southold Town Board to read, those may be obtained at the Town Clerk's office, Monday through Friday between the hours of 8:00 A.M. and 4:00 P.M. Moving ahead, if we can get the audit. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $443,610.36; General Fund Part Town bills in the amount of $25,838.34; Highway Fund Whole Town bills in the amount of $38,972.85; Highway Fund Part Town bills in the amount of $68,430.72; Capital Projects Account bills in the amount of $1,404,016.86; Community Preservation Fund (2% tax) bills in the amount of $16,812.98; New London Terminal Project bills in the amount of $556,236.43; Compost Land Acquisition bills in the amount of $2,566.29; Employee Health Benefit Plan bills in the amount of $8,707.50; Fishers Island Ferry District bills in the amount of $41,609.89; Refuse & Garbage District bills in the amount of $62,181.91; Southold Wastewater District bills in the amount of $1,447.79; Southold Agency & Trust bills in the amount of $4,059.25 and Fishers Island Ferry District Agency & Trust bills in the amount of $135.87. 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 minutes of the June 17, 2003 Southold Town Board meeting be and hereby are ordered 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 Councilman Richter, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, September 23, 2003 at the Southold Town Hall, Southold, New York at 4:30 P.M. 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. Town of Southold Budget Report - June 2003 2. Town of Southold Budget Report - July 2003 3. Island Group Administration, Inc. Claim Lag Report - through July 2003 4. Recreation Department - August 2003 5. Leave Time Summary Report - July 2003 6. Town Clerk Monthly Report - August 2003 II. PUBLIC NOTICES None September 9, 2003 3 Southold Town Board III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, I offer the floor to anybody that would care to address the Town Board on the resolutions that are on the printed agenda. Yes, sir, in the back. JOHN SERK1N: Good evening, my name is John Serkin, 306 Fourth Street, Greenport. I am here because ! support Josh Horton and his efforts to raise the ethical standards of Town government and ! wanted to express my disappointment in the rest of you. In the first century BC, Julius Caesar divorced his wife Pompea, who was accused of adultery, he did not acknowledge her guilt but he said in his words '! cannot afford to have members of my household accused or even suspected'; Caesar understood the importance of appearances 2,000 years ago. You mean to tell me, that you folks still don't get it? There is definitely an appearance of corruption in Southold's government. ! don't know the details, but for years ! have heard that if you want to get a job with Southold Town, you have to belong to a certain political party. ! have seen the Town Board approve the hiring of a Police Chief who is the son of the person who was the Supervisor at the time ...... SUPERVISOR HORTON: Sir, are you addressing a specific resolution? MR. SERK1N: I am addressing resolution number, I don't remember the number yes, about the Ethics Board. Is it #580? #581. May ! continue? SUPERVISOR HORTON: Yes, in addressing that resolution. MR. SERK1N: I have heard that if you want the Town to handle your building permit application expeditiously, it would be a good idea to hire a certain lawyer who happens to be married to a Town Board member. COUNCILMAN ROMANELLI: Will you stop it now? Know your facts before you stand up there and speak, please. MR. SERK1N: I have the floor, do I not? COUNCILMAN ROMANELLI: You should not have the floor, because you are out of line. SUPERVISOR HORTON: Mr. Romanelli... MR. SERK1N: Mr. Romanelli, I believe that you are out of line. I am allowed to speak my opinion here. COUNCILMAN ROMANELLI: That is all it is, your opinion; that is correct. Go ahead. MR. SERK1N: This is a democracy, is it not. COUNCILMAN ROMANELLI: It is your opinion. September 9, 2003 Southold Town Board 4 MR. SERK1N: That is what I said. I have, these are things that I have heard and I am talking about appearances. Is this corruption? No, you may say it is not but to me it looks like it, it feels like it and it smells like it. After Josh Horton won such an overwhelming victory in the last election, many of us had hoped to see some reform and new attitudes. Instead, you have failed to support him in his efforts to clean house and strengthen the code of ethics. The voters want the Supervisor to succeed in the task of reforming Town government and the rest of you are standing in the way. That is how I see it. I urge you to support the findings of the Board of Ethics and I urge you to support and not obstruct our Supervisor in his efforts to strengthen the ethics code. We need a town government free of patronage, nepotism, favoritism and entitlement. We need a Town Board that serves selflessly and behaves ethically. Your credibility is on the line. Thank you. SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Town Board on the printed agenda? Yes, Ms. Wolf. DOROTHY WOLF: This again is #581, when I picked up the form this afternoon it was very clear that it was going to be voted on tonight. I wonder if you could explain why it is not being voted on this evening? COUNCILMAN ROMANELLI: We decided not to vote on it ...... SUPERVISOR HORTON: I can answer that question. The Town Board wanted to have the Ethics Board come in and speak with the Town Board at a work session to discuss the most recent opinion that was reflected in that resolution and in doing so, the Town Board wanted to not accept that opinion so as to have the Ethics Board answer a few questions that members of the Town Board would have. MS. WOLF: So then, when they come, as it appears it will be a resolution that you will then vote on. It is an existing resolution... SUPERVISOR HORTON: No, it is not a resolution at this time, it was #581, it has been replaced with the one that is actually on the printed agenda now, which is worded differently... MS. WOLF: So, Josh, at some point it will be addressed. It will be a resolution that you will confront. SUPERVISOR HORTON: It will be an issue that the Town Board confronts with the Ethics Board, yes. COUNCILMAN ROMANELLI: Can I just... SUPERVISOR HORTON: At a work session. COUNCILMAN ROMANELLI: ... continue answering that question. We removed it today from the agenda because the findings from the Ethics Board, there statement was made with no basis to the fact of the law. They made an opinion and they did not follow ethics code on their opinion, so the opinion that they made didn't even touch what our code covers, they went outside of our code and arbitrarily September 9, 2003 5 Southold Town Board made up their own ruling. So we were advised by our attorneys and our own minds to say that their statement was really very un-ethical from the Ethics Board to make that position that they made. MS. WOLF: Well, maybe there is some time that some things could be added to that resolution, maybe not. ! don't know quite how the wording and the law reads. ! don't even know if you can even withdraw the resolution. ! speak absolutely opposed to the resolution, it is absolutely outrageous. Who are you censuring? Certainly Councilman Moore is not someone that you are censuring, you censured someone who is his wife or me or any member of the public. It is almost like censuring against the mystery guest. ! think that it is absolutely outrageous. The Moore family has been totally looked at in two hearings and there has been no finding that there is anything here that is somewhat, as Mr. Serkin seems to feel something so dreadful that the Town, that we are going to come to an end. Josh, when the decisions came out that the Moore family had no, the finding that they were completely innocent and cleared, you said that it was an abomination and ! think this, and then you also said and ! wrote it down because it was in the paper and it was quoted and ! wanted to be sure, you said 'government should work for the people and not for the well-connected' that is something that you were quoted as saying and ! agree with that 100%. But if you mean that, then part of this absolutely outrageous resolution, which is so hurtful and hurts the Town, ! mean there is so much that is problematic in this Town that this has to come to light at this point, at this time, with 9/11 and with the joy that you personally are experiencing, Josh, it just boggles the mind. But if you are going to look into ethics, then ! am going to suggest that maybe you look into the ethics of Mr. Cooper, who is he? This is your Ethics Board, Josh, it is the Ethics Board that you wanted and you put into place. SUPERVISOR HORTON: Please, it is the Ethics Board that the Town Board voted to put into place. MS. WOLF: Yes. But at your vote. With the exception of Mrs. Powers, who is a dandy, wonderful, bright lady. This is just disastrous. But who is Mr. Cooper? He is a supporter of yours, he gave you a great big party, how about Judge Tedeschi, who is very much involved with Mayor Kapell, who is your guru. Who you look to for advice and ! don't quarrel with that, that is just a fact. What about Mayor Kapell himself?. Mayor Kapell has had a personal hatred and vendetta for Councilman Moore for as long ! have lived in this community. And that should be a part of your investigation and the Ethics Board should look into that. And Mr. Thompson who sits on the Board, gave you $500 for your campaign. The ethics, ! agree with you, Mr. Serkin, the ethics stink but you know, the wind blows both ways and ! really do think that this is something that you guys really have to look into. ! don't know if ! will be here when this is voted on but when and if this becomes a vote, it is evil, it is genuinely is evil for anyone of you to support this hateful resolution. Which is harmful to people who live here, who care about this community and have worked so damn hard to do something positive for it. And ! really do hope that when it comes to a vote, you will unanimously defeat it, because this is unethical. SUPERVISOR HORTON: Thank you, Ms. Wolf. Would anyone else care to address the Town Board on the printed agenda? Ms. Egan. JOAN EGAN: Good evening, Mr. Horton, Mr. Richter, Mr. Moore, Mr. Romanelli, Mrs. Evan, Mr. Wickham, Mrs. Neville. ! am Joan Egan from East Marion. ! disagree with the lady but she is entitled to her opinion. ! believe ! heard in that #581, ! think ! heard Mr. Romanelli say that some attorney September 9, 2003 6 Southold Town Board gave you some information that would contradict maybe something that the Ethics Committee, who is the attorney that gave you that information? SUPERVISOR HORTON: The Town attorney. MS. EGAN: Oh, yes, where is Mr. Yakiyaki? SUPERVISOR HORTON: He is in the building. MS. EGAN: Is he? Well, he should be up there, that is what he gets paid for. SUPERVISOR HORTON: He will be with us shortly. COUNCILMAN ROMANELLI: Also one of the attorneys on the Ethics Board, the third member who did not vote for that resolution, also made an opinion that it was the wrong opinion. MS. EGAN: Well, ! happen to think that the Ethics Board was correct in their first opinion. But that is my opinion. Now, these #561,562, 563, 64, 65 all these are not, ! don't know where all these places are. ! think it was suggested at the last Town Hall meeting, that we have a big chart so that we can all identify where these particular parcels of land are, the letters and numbers are not all spelled out and it is going to take too long to do that now, isn't it, Mr. Horton? Of course. SUPERVISOR HORTON: Of course. MS. EGAN: Now, #566, ! think that is great for Lieutenant Flatley. Now, this #567, accept the resignation of Joseph Doherty. What is that all about? SUPERVISOR HORTON: That is about accepting the resignation of Joseph Doherty. MS. EGAN: So, what did he do? SUPERVISOR HORTON: He resigned and he was a guard at the collection center. MS. EGAN: That was like for the summer thing, the money and stuff like... SUPERVISOR HORTON: That was a part time position at the ..... MS. EGAN: He will not be replaced until necessary. Is that correct? SUPERVISOR HORTON: That is correct. MS. EGAN: Good. Okay, now .... SUPERVISOR HORTON: But he did a good job while he was there. MS. EGAN: #570, programs for the aging. What does aging mean? September 9, 2003 7 Southold Town Board SUPERVISOR HORTON: Office for the Aging is a designated office, which is headed by our Human Resource Center Director. MS. EGAN: Well, ! don't like the word aging, ! think that you could do a little better, ! think this discrimination thing is disgraceful. Oh, #574, now this is one that you should all jump on. Let's hope to the good lord that we pick somebody from the Southold township. Okay? Let's put that into the computer up here. ! am so tired of coming up probably by the next meeting and see that we gave it to somebody on the south shore or up in Riverhead. Wrong, wrong, wrong. Now, #577, are these, again, these changes and regulations, numbers and letters and they don't mean a thing to the average person unless they truly get here very and have something more to say. Now, oh, here is another one, ! am trying to be brief which is very difficult for me as you know, #589, who is he? SUPERVISOR HORTON: Benny Orlowski or Bennett Orlowski, Jr. is the Chairman of the Planning Board. MS. EGAN: And he is a town employee? He receives a salary? SUPERVISOR HORTON: Yes, he, ! would say as most members of these appointed Boards, a miniscule salary, yes. MS. EGAN: And this is a necessary trip? SUPERVISOR HORTON: In my estimation, yes, it is, Ms. Egan. MS. EGAN: You did check it out? SUPERVISOR HORTON: Absolutely. MS. EGAN: Good. ! did briefly see that we are hiring more policemen and ! think that is great, it is about time. And ! think the Ethics Board is great, something has to be done because many people in the Moore family do other things that ! don't like. Thank you very much. SUPERVISOR HORTON: Are there other comments from the floor on the resolutions that are on the printed agenda? MELANIE NORDEN: Good evening, Melanie Norden from Greenport. ! am also addressing #581, ! would like to say as a preamble that ! think very strongly that in a small community, where people play many different roles both in terms of employment and avocation and vocation, that lives and roles often overlap. Having said that, ! think that that is an important reality to keep in mind. ! am appalled by this resolution and appalled by what ! have read regarding the decision of the Board of Ethics. ! think in fact, this administration has in all honesty set back the cause of women in the Town of Southold by 100 years. Women are, may ! remind that both the Board and the Ethics Committee predominately comprised of men, women are not chattel under the law and as such, any legally bound entity like this entity or the Board of Ethics has absolutely no right to dictate how a woman in anyway professes to profess her profession, how she mothers her children or anything else. We have women's September 9, 2003 8 Southold Town Board rights, there has been a whole history of fighting for the rights of women, it is actually oddly a platform of the Democratic party and ! feel deeply and abidingly strong that to somehow censure a woman in this town, a professional woman in this town and tell her what she can and cannot do by a body of men in terms of how she practices her profession is abhorrent. That is one particular point. The next point is, and ! would certainly underscore what Dorothy Wolf said, both Judge Tedeschi and Doug Cooper are both contributors and supporters of your campaign, Josh. As such, their positions with respect to the Ethics Committee, Judge Tedeschi should not have even voted on this issue. He should have recused himself because of his particular position with your campaign and his relationship with you. In addition, there are many people who have other relationships both with you and other political candidates and if we were to trace them all back again, we would have a really hard time. Gail Wickham, Tom Wickham's cousin often presents here. Is she know, are her arms now going to be tied, she won't be able to present because she is related to Tom. Or how about Jim DiNizio's wife, maybe she shouldn't do the column in the Suffolk Times because she might have an unfair advantage when it comes to finding out something about the Conservative Party. This kind of stuff and a lot of the activities of this campaign have worried so many people in this Town. Because there is a petty polarization and a backstabbing that has sunk down to innumerable depths. Now, ! don't know who this gentleman is over here, this is all by the way, hearsay because you haven't even let us know whether the Town Board of Ethics even had anything specific to say other than allegation. And know by putting a resolution before us that gives also, no information, you are also purporting to be fair but in any case, all you are trading on again is illusion, allegation and non-substantiation. This is the kind of behavior that is an anathema in any town. It is the kind of behavior that can basically end up putting everybody out to pasture. Your mom, a close friend and a close political advisor to Dave Kapell, also could be argued to have an advantage in some political way with you as the Town Board Supervisor, it goes on and on. We must find a way of actually teasing out what are ethical violations and what are simply relationships of proximity, or relationships that are professional or relationships that are personal. Where is the core of the ethical violation here? Where is the proof that in fact, Patricia Moore had some unfair and outrageous advantage over other lawyers such that she or her husband were compromised? Where is that, ! mean, it is not simply the fact that a woman is responsible frankly for everything that her husband does because if that in fact were the case in society, most women would have revolted quite some time ago. So, as far as ! am concerned, to hold some women responsible, to hold any woman responsible for the position that her husband may in fact play or vice versa to hold any man responsible for the position his mother may have politically or to hold any man responsible or any woman responsible for the fact that they happen to have a cousin on the Town Board is a very big problem. Now, we don't want to have to ruck up and muck up everything in everybody's campaign contributions but ! can assure you that we will. If you want this kind of political diatribe, these kinds of arguments and fights in the Town of Southold, this kind of allegation and innuendo, then ! think that everybody should be prepared for that kind of a campaign. ! certainly won't stop until ! see campaigns run in an ethical, unbiased and in a fair way. If you have allegations or if your administration has allegations to make about anybody in this town, they had better be clear, crystal clear and presented appropriately before the public and not argued on or in any way protested against by one of your political honchos, Judge Tedeschi. SUPERVISOR HORTON: Would anyone else like to address the Town Board? Yes, sir. September 9, 2003 Southold Town Board 9 UNIDENTIFIED: ! think that this is a small town, everybody is related to somebody or there is always somebody... ! have been here for 56 years, ! grew up in Riverhead and ! moved to Mattituck in 1956. So everybody is related everybody here. SUPERVISOR HORTON: Thank anybody on the Town Board, ! am agenda and the reason that ! would got a job to do other than be at this the Town Board or anybody in the you, sir. ! would like to break from what we are into now and ask going to reach towards a resolution that is towards the back of the like to reach to that resolution is because we have somebody who is Town Board meeting. And that would be #593. Does anybody on public have anything to say on #593. If not, Officer Lyburt, front and center. Frank Lyburt, who is with us right now as a seasonal police officer, has been with the Town since 1992 and started with the Town as a Traffic Control Officer, prior to that we were in High School together and ! can't tell you how much of an honor it is to be standing up here with him tonight, on my watch, of which ! am very proud of. As ! said, Frank started with us in 1992 and worked his way up from Traffic Control Officer, attending the Suffolk County Police Academy in 1996. He was then hired as a Seasonal Police Officer and tonight, resolution #593 will hire Frank Lyburt as a full- time Police Officer starting on or about October 20 but ! also want to mention that not only is it a great honor to have Frank, who has worked so hard for the Town and worked his way up went through the Town ranks, Frank will also be Southold Town's first African-American full-time Police Officer. And ! think that is a milestone for Southold Town and Frank, you have started a wonderful career here in Town and ! wanted to say thank you for being with us. #593 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Southold Town Police Officers~ effective upon the commencement of the Suffolk County Police Academy on or about October 20~ 2003~ at a salary of $30~471.00 per annum: Timothy McGowan~ Frank Lyburt~ and Daniel Macke¥. 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 whole slew of resolutions on the agenda, are there comments from the floor on any of the other resolutions? (No response) Then we will move ahead with the set agenda. #561 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolutions no. 541~ 542~ 543~ and 551 adopted at the regular Town Board meeting held August 26, 2003. COUNCILMAN WICKHAM: ! would just like to explain to the people that are here today, the reason that they are being rescinded is that we adopted these resolutions last time without providing adequate time to notice the hearings in the newspapers before the public hearing is scheduled. So we are going to re-do that again. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. September 9, 2003 Southold Town Board 10 This resolution was duly ADOPTED. #562 Moved by Councilman Moore, seconded by Councilman Wickham, WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-55-2-24.4 from Agricultural-Conservation (A-C) to Business (B); and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-55-2-24.4 FROM AGRICULTURAL-CONSERVATION (A-C) TO BUS1NESS (B)"; now therefore be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, 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 at 5:00 p.m. Tuesda¥~ September 23~ 2003. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM # 1000-55-2-24.4 from Agricultural-Conservation (A- C) to Business (B). The petitioner for this request is Robert A. Moeller of Van Duzer Appliance Co. The property is approximately 0.69 acres located at the north side of North Road (C.R. 48), 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. #563 Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-70-1-6 from Agricultural-Conservation (A- C) to Affordable Housing District (AHD); and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-70-1-6 FROM AGRICULTURAL- CONSERVATION (A-C) TO AFFORDABLE HOUSING DISTRICT (AHD)"; now therefore be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, 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 at 5:05 p.m. Tuesda¥~ September 23~ 2003. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM # 1000-70-1-6 from Agricultural-Conservation (A-C) to Affordable Housing District (AHD). The petitioner for this request is Southold Villas, Inc. The property is approximately 18.021 acres located north of SR 25 (Main Road) approximately 1108' east of Ackerly Pond Lane, Southold (also presently known as Blossom Lane, Apple Ct., and Jasmine Lane). September 9, 2003 Southold Town Board 11 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #564 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-140-2-16 from Light Industrial (LI) and Residential Office (RO) to Hamlet Business (HB); and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-140-2-16 FROM LIGHT INDUSTRIAL (LI) AND RESIDENTIAL OFFICE (RO) TO HAMLET BUS1NESS (HB)"; now therefore be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, 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 at 5:10 p.m, Tuesda¥~ September 23~ 2003. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM# 1000-140-2-16 from Light Industrial (LI) and Residential Office (RO) to Hamlet Business (HB). The petitioner for this request is William F. Gasser and The American Armoured Foundation, Inc. The property is approximately 32,109 square feet in area and is located at Love Lane on the north side of the Long Island Railroad, Mattituck, 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. #565 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-103-1-19.2 and p/o 19.11 from Residential Office (RO) to Business (B); and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-103-1-19.2 AND p/o 19.11 FROM RESIDENTIAL OFFICE (RO) TO BUS1NESS (B)"; now therefore be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearin~ on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York at 5:15 p.m, Tuesda¥~ September 23~ 2003. The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM# 1000-103-1-19.2 and p/o 19.11 from Residential Office (RO) to Business (B). The petitioner for this request is Reynold and Herman Blum. The property is approximately 5.683 acres and is located at the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York. September 9, 2003 Southold Town Board 12 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #566 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lt. Martin Flatley to attend the International Association of Chiefs of Police Annual Conference Law Enforcement~ Education & Technology Exposition commencing on Monday, October 20, 2003 through Saturday, October 25, 2003 at the Pennsylvania Convention Center, 1101 Arch Street, Philadelphia, PA. Registration fee for this conference will be $170.00. Travel will be by Town vehicle. Hotel accommodations (to be shared with fellow attendee) should be approximately $225.00. Additional costs will be for meals, gas, tolls and miscellaneous out of pocket expenses. All expenses to be a legal charge to the Police Department Training Budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #567 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Joseph Doherty~ Part Time Guard with the Collection Center~ effective July 25~ 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #568 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: TO: (Beaches Overtime Earnings) $ 30.05 (Office Supplies/Materials) $ 377.45 A7180.1.300.200 A7020.4.100.100 FROM: A.7020.4.100.550 (Sports Equipment) $ 407.50 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #569 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Presbyterian Church to use the following Town Roads for the purpose of holding the annual CROP Walk for Hun~er on Sunday~ October 1% 2003 from the hours of 1:00 pm to 4:00 pm: Wells Avenue, Oaklawn Avenue, Pine Neck Road, North Road to Bayview, North Bayview September 9, 2003 Southold Town Board 13 Road, Cedar Drive, Waterview Drive, Main Bayview Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #57O 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: From: Appropriations: A.6772.4.100.110 To Appropriations: A.6772.4.100.100 Programs for the Aging Contractual Expense Programs Supplies & Materials Vote of the Town Board: Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 600.00 Programs for the Aging Contractual Expense Office Supplies & Stationary $ 600.00 Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, #571 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Marturano Recreation Company Inc~ P.O. Box 44% Brick Towm NJ 08723, in the amount of $9,858, for the Fishers Island Fitness Trail Project. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #572 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Derek Scroxtom to the position of Full Time Freight Agent with the Fishers Island Ferry District, at an hourly wage of $10.50, effective October 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. #573 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was September 9, 2003 Southold Town Board 14 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use the following Town Roads for their 11th Annual Tour de Cure Cycling event on Sunda¥~ June 13~ 2004~ from 7:00 a. m. to 3:00 p. m, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic: Mill Lane, Oregon Avenue, Bridge Road, Moores Lane, Village Lane, Navy Street, Orchard Street, Tabor Road, and Soundview Avenue. Also will be using Route 48 and Route 25 in Southold Town. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #574 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, Mr. Richard Cron, special counsel for the Assessor's Office has passed away, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for special council for the Assessor's Office. SUPERVISOR HORTON: I know that Mr. Cron served for a long time and will be missed by the Assessor's Office and the Town as a whole. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #575 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Assessor Darline Duff¥ and Senior Assessment Assistant Claire Glew to attend a two-day computer class on the introduction to RPSV4 located in Westchester on October 20 & 21~ 2003. Travel to be by town vehicle. Registration, travel, lodging & meals to be a legal charge against the Assessors 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. #576 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:20 P. M.~ Tuesda¥~ September 23~ 2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing on the question of the gift of a conservation easement on approximately 0.9 acres of property from John M. May and Others, in accordance with Chapter 59 of the Town Code. This parcel is known as SCTM#1000-54-4-20, the address is1925 North Sea Drive, Southold, New York and the property is located on the north side of North Sea Drive. The total price would be costs associated with transfer of title of the easement to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. September 9, 2003 Southold Town Board 15 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #577 Moved by Councilman Moore, seconded by Councilman Richter, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights of a certain parcel of property of agricultural lands owned by Sandra Scott and John Scott, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue and is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue. The development rights easement comprises approximately 9 acres of the 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The 23 acre area on which there is an existing easement is proposed to be subdivided from the remaining approximately 20.294 acre. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee. The purchase price is $23,000 (twenty-three thousand dollars) per acre; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #578 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an unpaid leave of absence to a Town employee from September 10~ 2003 through October 5~ 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #579 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, adequate financing for the Southold Town Land Preservation Program is essential to its continued success, and WHEREAS, preparing and following a financing plan is likely to make funding available when it is needed, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby creates the Land Preservation Committee Finance Work Group to estimate the Town's land preservation funding needs until the September 9, 2003 Southold Town Board 16 year 2023, to recommend to the Town Board decisions that would secure that funding, and to deliver a draft report to the Board by December 31, 2003; and be it further RESOLVED that the following persons are to be appointed members of this Work Group~ said members to serve without compensation: John Cushman William Edwards Patricia Finnegan Melissa Spiro Raymond Huntington Thomas McAdam John Sepenoski Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Justice Evans, Supervisor Horton. No: Councilman Romanelli, Councilman Moore. This resolution was duly ADOPTED. COUNCILMAN WICKHAM: #580 is a resolution that would adopt the FEIS of the current draft Generic Environmental Impact procedure that we are under now, we have two consultants with us tonight, one of them is Valerie Scopaz, our Principal Planner. The other is Chic Voorhis, a planner who has been associated with us, we are pleased to have him here. And of course our Town Attorney has also been a part of that team, with others. COUNCILMAN MOORE: Tom, if I could interrupt for one second. This resolution would adopt that as you mentioned, I would ask that we amend it to break it into two resolutions, if you want to call #580A and #580B. #580A is the decision to accept the document. #580B would be the final clause setting the amount of time because that was the matter that we discussed at the Board meeting. We had some disagreement with time frame. Why don't we first decide whether we accept this document or not and then decide the time frame that we want to provide for public comment. So I offer that amendment to break that #580 into a #580A and #580B. SUPERVISOR HORTON: Is the Board comfortable with that? JUSTICE EVANS: Yes. COUNCILMAN ROMANELLI: I am comfortable with that. COUNCILMAN RICHTER: Okay. SUPERVISORHORTON: So, #580A. COUNCILMAN WICKHAM: At this stage it will be #580A. #580 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold (the "Board") has assumed lead agency status in review of the above-referenced action and for the purpose of compliance with the State Environmental Quality Review Action (SEQRA), as codified in 6 NYCRR Part 617, and WHEREAS, the Board found that a Generic Environmental Impact Statement (GELS) would be necessary, and issued the appropriate determination (via a Positive Declaration) to require such document for the proposed action, considering that the recommendations may result in potential impacts which may include cumulative and/or generic impacts, and September 9, 2003 Southold Town Board 17 WHEREAS, the Board is familiar with the scoping process as outlined in SEQRA Part 617.8 (Scoping), and WHEREAS, the Board held a public scoping meeting on January 29, 2003 at the Southold Town Hall meeting room, and a period of 1 O-days were provided following the public scoping meeting to allow for submission of written comments, and WHEREAS, the Board accepted the Final Scope as complete on April 8, 2003, and WHEREAS, the Draft GEIS was prepared in conformance with the Final Scope, accepted by the Town Board and public hearings were held on June 19, 2003 (continued to June 23rd, June 24th, July 8th and July 15th ); followed by a period for receipt of written comments of more than 10-days following the close of the public hearing, and WHEREAS, a Final GEIS has been prepared to address issues and comments provided by the public, and interested and involved agencies on the information presented in the DGEIS, and WHEREAS, the Board received and deliberated on a draft manuscript of the Final GEIS, and reviewed and revised this document to result in a Final GEIS. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the Final Generic Environmental Impact Statement (which by reference includes the DGEIS) after due deliberation and review of the prepared documentation, for the purpose of adoption and circulation of a Final GEIS as required under SEQRA Part 617, BE IT FURTHER RESOLVED, the Town Board hereby directs the Town Clerk to file a Notice of Complete Final GEIS in accordance with the Notice and Filing Requirements of SEQRA and circulate the Final GEIS to the public, interested agencies and parties of interest (noted below), in accordance with 6 NYCRR Part 6 7.12. COUNCILMAN WICKHAM: I vote no on this because I don't believe that we have had an opportunity to review the whole thing. We have reviewed about 2/3 of it and we have made a lot of progress on it and I think that it could be significantly improved if the Board had had another 2 or 3 hours to review the final section of it. SUPERVISOR HORTON: In concurrence with Councilman Wickham, I too feel strongly that the Town Board could yet have substantial amounts of work and input on this document as it is written and I myself would also like more time to give it a thorough vetting on my own. So my vote is no. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #580B Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED, that the Town Board will provide a period of time whereby comments on the FGEIS will be received by the Town Clerk until 4:00 p.m. Monda¥~ September 22~ 2003. SUPERVISOR HORTON: So essentially, this will set the time period for the public to make written comment on this document. The time will expire at 4:00 P.M. on Monday, September 22. COUNCILMAN WICKHAM: I vote no because I don't believe the public will have anywhere near adequate time to review, much less digest and respond to the content of this thing. The document isn't even yet in final form to be distributed to libraries and the public. COUNCILMAN ROMANELLI: No, on that timeline. SUPERVISOR HORTON: I too think that the time allotted to the public is insufficient. I think that the public deserves more time to review this and offer their input as essentially, it is the publics' document. We have undermined the public comment period and the public participation, so I vote no. September 9, 2003 18 Southold Town Board Vote of the Town Board: Aye: Councilman Richter, Councilman Moore, Justice Evans. No: Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was LOST. COUNCILMAN MOORE: I offer, then #580C .... JUSTICE EVANS: What happens then, legally because the time .... COUNCILMAN MOORE: I am offering a resolution 580C that the Town Board provide a period of time whereby comments on the FGEIS will be received by the Town Clerk until 4:00 P.M., Friday, September 19, 2003. COUNCILMAN WICKHAM: September 197 JUSTICE EVANS: But is that the legal? COUNCILMAN MOORE: It is 10 days. COUNCILMAN WICKHAM: That is even shorter than the period in our first resolution. COUNCILMAN MOORE: You didn't pass 14, ten is the legal requirement. SUPERVISOR HORTON: Is there a second for that? Is there any discussion? UNIDENTIFIED COMMENT FROM AUDIENCE: Are the public going to be allowed to speak on it? SUPERVISOR HORTON: We are in the official portion of this. JUSTICE EVANS: Can I ask a question? If we don't have a resolution that passes as far as the time, does it automatically fall back on the legal limit, the 10 days that legally we have to? CHIC VOORHIS: The minimum time frame on this .... SUPERVISOR HORTON: The question is this, Mr. Voorhis, a resolution was just lost that allotted a 14-day public comment period. If no public comment period is voted on or agreed upon by this body, will then the 1 O-day time period automatically take place? Will it automatically ensue? MR. VOORHIS: It is more of a legal (inaudible) says that the minimum time frame for a (inaudible) of a Final Generic Impact Statement is 10 days. SUPERVISOR HORTON: We understand that. MR. VOORHIS: So I guess you can set a maximum but it would not be less than 10 days. September 9, 2003 Southold Town Board 19 SUPERVISOR HORTON: Here is a question for legal counsel, upon acceptance of this document, which has passed. This document has been accepted in #580A, since it has been accepted, does the 10- day period automatically commence. TOWN ATTORNEY YAKABOSKI: Josh, I believe that it does and I also think that what is going to happen is ! think that the way the regs read Chic, either that a Board, the next step for the Board in this process would be the findings statement. And ! think that what it reads is that the Board, also reads that the Board cannot adopt a findings; prior to the running of the 10-day comment period. ! do not have the regs solid in my head; ! can get them out of my room. But ! believe that yes, it would fall back to that automatic minimum of 10-days, Josh, and then the Board, after that 10-day period which the first day would start tomorrow, any time after 10-days with the first day being tomorrow; the Board could accept or adopt a findings statement. SUPERVISOR HORTON: So do you want to again move this resolution, or do you want the resolution that you just proposed there? COUNCILMAN RICHTER: ! propose that we put #580B back up for resolution. SUPERVISOR HORTON: This is a horse and pony show, what do you want? COUNCILMAN RICHTER: #580B, back up for resolution. #580B Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED, that the Town Board will provide a period of time whereby comments on the FGEIS will be received by the Town Clerk until 4:00 p.m. Monday~ September 22~ 2003. COUNCILMAN WICKHAM: ! am voting no and ! call on the Board to just add a few days or weeks to allow the people of this Town to have some opportunity to have input. So ! am voting no. COUNCILMAN MOORE: Let me just explain here. What we are doing is a SEQRA document and to identify whether or not any of the 43 listed land use tools that are being contemplated by this Board, if any one of them has been shown to have a significant adverse effect on the environment. ! made the observation at the work session today and ! will repeat it now, not a single comment raised suggested that any one of the tools has a significant adverse impact on the environment. So, ! see no reason to extend the time frame so to speak, but if we want to go to 14 days, that is fine. SUPERVISOR HORTON: ! voted on this and stated my reasons for casting my vote no but again, ! think that it is an undermining of the public process. So ! will cast my vote no. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #581 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby directs all Boards~ Department Heads~ Town Officials and Town Employees to disregard and in no manner act on the decision of the Board of Ethics dated August 22~ 2003 a copy of which is attached. September 9, 2003 Southold Town Board 20 TOWN OF SOUT}IOLD BOARD OIP ETHICS PO BOX 1179, SOIYTIIOLD NE'~¥ YORK 11971 WillJam C. Thompson, Chairman Eileen Powers Fredericl< J. Tecleschi Augu!~t 22, 2003 RECEIVED AUG 29 20El Sou~hoid Town Southold Town Board 53095 Main Road Southold New York 11971 Dear Supervisor Horton and Members of the Southold Town Board, A complaint having been received by the Southold Town Ethics Board which complained of a spouse of a Town Board member appearing before and representing clients before Town Boards and agencies. Chapter 10 of the Ethics Code of the Town of Southold Article 10.1 defines relative as 'a spouse, domestic partner, child, stepchild, brother, sister or parent of the Town Officer or eml~loyee...' In view of the heightened ethical sta~dards the general public is demanding of our public employees and elected officials, we must conclude that any relative appearing before any To~rn Board or agency is a breach of ethical Conduct and a conflict of interest and should not be permitted. Sout~,old Town Board of Ethics by Williar~ C. Thompson, Chairman Frede~4ick J. Tedeschi, Member Copies to: Douglas Cooper, William C. Moore SUPERVISOR HORTON: I appreciate this resolution and I also appreciate the direction that the Board has taken by asking the members of the Ethics Board to come in and speak to the Town Board at the next Town Board work session. Therefore, ! think that any voting one way or the other on their opinion prior to having a discussion with the Board of Ethics is premature. So, ! will cast my vote no. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans. Abstain: Councilman Moore. No: Supervisor Horton. This resolution was duly ADOPTED. September 9, 2003 Southold Town Board 21 #582 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Solid Waste District budget, as follows: To SR 8160.4.100.120 SR 8160.4.100.225 SR 8160.4.100.550 SR 8160.4.100.570 SR 8160.4.100.596 SR 8160.4.100.800 SR 1420.4.500.200 From SR 8160.4.400.815 SR 8160.4.400.600 SR 1420.4.500.100 Vote of the Town Board: Employee Work Gear Lubricants Maint/Komatsu Loader Maint/John Deere Loader Tub Grinder Maint./Supplies Maint/Facilities & Grounds Professional Services $ 300.00 $ 1,000.00 $ 1,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 4,250.00 Scrap Tire Removal $ Scale Maintenance $ Legal Counsel $ Aye: Councilman Wickham, Councilman Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 3,300.00 5,000.00 3,250.00 Richter, Councilman Romanelli, #583 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward R. Grohoski to the position of Temporary Full Time Scale Operator in the Solid Waste District at the rate of $14.6578 per hour, effective September 10, 2003 through December 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. #584 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED, that the Town Board of the Town of Southold hereby designates the Bridgehampton National Bank as a depository of Town of Southold~ and that funds of this Corporation deposited in said Bank~ be subject to withdrawal upon checks, notes, Resolution drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when signed on behalf of this Corporation by any one (1) of its following officers to wit: Supervisor Councilman Deputy Supervisor BE IT FURTHER RESOLVED, that the above Bank, is hereby authorized to pay any such orders and also to receive the same for credit of or in payment from the payee or any other holder without inquiry as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order of any signing officer or tendered in payment of his individual obligation. Borrowing Resolution. September 9, 2003 Southold Town Board 22 BE IT FURTHER RESOLVED, that the Supervisor, Deputy Supervisor and Councilman be end they hereby are authorized to borrow from time to time on behalf of this from the above Bank sums of money for such period or periods of time, and upon such terms, rates of interest and amounts as may to them in their discretion seem advisable and to execute notes or agreements in the forms required by said Bank in the name of the Corporation for the payment of any sums so borrowed. That said officers are hereby authorized to pledge or mortgage any of the bonds, stocks or other securities, bills receivable, warehouse receipts or other property real or personal of the Corporation, for the purpose of securing the payment of any moneys so borrowed; to endorse said securities and/or to issue the necessary powers of attorney and to execute loan, pledge or liability agreements in the forms required by the said Bank in connection with the same. That said officers are hereby authorized to discount with the above Bank any bills receivable held by this Corporation upon such terms as they may deem proper. That the foregoing powers and authority will continue until written notice of revocation has been delivered to the above Bank. BE IT FURTHER RESOLVED, that the Secretary of this Corporation be and he hereby is authorized to certify to the above BE IT FURTHER RESOLVED, that the Secretary of this Corporation be and he hereby is authorized to certify to the above Bank, the foregoing resolutions and that the provisions thereof are in conformity with the charter and By-Laws of this Corporation. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Bennett Orlowski Richard Caggiano Martin Sidor Vote of the Town Board: Aye: #585 Moved by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the following Planning Board members and staff to attend a seminar given by the Suffolk County Planning Federation, on Thursday, October 9, 2003 from 5:00 p. m. to 9:30 p.m. Travel to be by Town vehicle. All registration fees to be a legal charge to the Planning Board's meeting & seminars budget line. B.8020.4.600.200. William Cremers Valerie Scopaz Bruno Semon Mark Terry Victor L'Eplattenier Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #586 Moved by Councilman Richter, 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 sign an agreement with the CESA~ Inc. Local 1000~ AFSCME~ AFL-CIO ("CSEA")~ amending the parties' prior agreement creating a unit-wide sick leave bank. September 9, 2003 Southold Town Board 23 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #587 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:25 p.m, September 23~ 2003 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearin;~ on the application requestin;~ a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processin;~ Review of~ and makin;~ Decisions on the applications for Maior and Minor Subdivisions~ and Special Use Permits and Site Plans containin;~ dwellin;~ unit(s) in the Town of Southold" for the minor subdivision of Michael Kaloski, located on Alvah' s Lane, Cutchogue, and identified by SCTM # 1000-102-4-6.2. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #588 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for au Assistant Land Preservation Coordinator for the Land Preservation Department. Advertisements to be placed in the Traveler Watchman, The Suffolk Times, Newsday and the New York Times. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #589 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Bennett Orlowski~ Jr. to attend the New York Plannin;~ Federation Conference in Lake Placid, September 21-24, 2003, to accept the John O. Cross award for Planning Board Chairmen. All travel expense, lodging, etc. to be a legal charge to the Planning Board, Travel Reimbursement B.8020.4.600. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #59O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the bulkhead reconstruction, concrete wall removal, dredging and construction of walkway and fixed dock at Youngs Avenue Park (Southold Park District) is classified as a Type I! Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to further review, and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a Ne;~ative Declaration pursuant to SEQRA Rules and Re;~ulations for the construction proiect. September 9, 2003 Southold Town Board 24 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #591 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle to be surplus equipment: 1999 Ford Crown Victoria - V1N 2FAFP71W7XX194075 - 97, 299 miles be it further RESOLVED that the Town Clerk be hereby authorized and directed to advertise for bids for the above. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #592 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby transfers the following vehicle from the Police Department fleet to the Town Landfill fleet: 2000 Ford Crown Victoria - V1N 2FAFP71W3 YX 176397 - 110,810 miles Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #593 See beginning of meeting SUPERVISOR HORTON: #594 has to wait. At this point, we can move into a public hearing. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be adjourned for the purpose of holding a public hearing on the matter of THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF SCOTT~ SCTM #1000-102-2-23.4. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting was reconvened at #594 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights on the property owned by Sandra Scott and John Scott on the 9th day of September 2003, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and September 9, 2003 Southold Town Board 25 Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue, and is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue, in Cutchogue; and WHEREAS, the proposed development rights easement comprises approximately 9 acres of the 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The 23 acre area on which there is an existing easement is proposed to be subdivided from the remaining approximately 20.294 acre area. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to, and in the vicinity of, other farmland on which the development rights have been acquired; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; and WHEREAS, the purchase price is $23,000 (twenty-three thousand dollars) per acre and the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Sandra Scott and John Scott, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue and is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue. The development rights easement comprises approximately 9 acres of the 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The 23 acre area on which there is an existing easement is proposed to be subdivided from the remaining approximately 20.294 acre. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee. The purchase price is $23,000 (twenty-three thousand dollars) per acre. 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 the resolutions on the printed agenda and yes, Mr. Papish, please. MR. PAPISH: Number one, Ole Jule Lane in Mattituck. How come two or three years ago we had a 25 MPH speed limit and now it is up to 35 MPH and there are about five times as many people on that street? Ole Jule was from Peconic, ! think that he was 16 years old when they called him Ole Jule. How come we don't have any cops in Mattituck. SUPERVISOR HORTON: I'm sorry, ! didn't hear you? September 9, 2003 26 Southold Town Board MR. PAPISH: Police. Cops. The way that they come out of there, I go out of there every day to go to my horse farm in Riverhead and I will tell you, they come out of that 35 MPH zone, 50-60 MPH. They almost run you over. I come out of Suffolk Avenue and radar guns. I remember in Mattituck they used to have radar, the Troopers had radar guns and they pulled them over and they had great luck with it, I guess you would call it. SUPERVISOR HORTON: It depends on which side of the radar you are on, I guess. MR. PAPISH: And now, about development rights. I don't know if these people know it or not but that was something that we got lucky on. A politician named Mr. Klein, he was Suffolk County Chief, Chief of Suffolk County like Republican is now that is retiring. And he came up with the idea of selling development rights, bail out all of these speculators from the west end. They were paying $5,500 per acre for land. They didn't care if it was up and down or what. And I know 10 farms that they bought and they were losing it all because the economy stayed down. And they ended up paying the guy $2,000 for development rights per acre and selling it, now Kujawski Brothers down there bought a bunch of it, they bought Gatz's farm 200 acres; and so down on Sound Avenue and now it is the greatest thing since motherhood. And it was a mistake, really, they wanted to bail these guys out and they did. I am all for development rights. I wish that I didn't have it on my farm but 90% of it is sold, so there is nothing to do. But I think if everybody between this Town and Riverhead charged all these people 5% on taxes and put it towards development rights, then they wouldn't be bitching all the time. These guys own a little lot and they want to make trouble for the farmers. I don't believe it myself, even though I bought a farm with most of the development rights sold. If they want to complain about it, let them kick in a little bit. And Plum Island, I got thrown out of here because of Plum Island, I don't talk about it anymore. I am 75 years old and I will tell you one thing, Plum Island was not for hoof and mouth disease. I had mare die on me, two of them, and the one mare was worth at least $150,000 and I just dug a hole and buried her. The other one died and Plum Island wasn't working on hoof and mouth disease because they got a vaccine and I talked to the vet at Fort Dodge and they got (inaudible) and that is what they had there. SUPERVISOR HORTON: Thank you, Mr. Papish. I appreciate you coming to the Board and participating. I will offer the floor to anyone who would care to address the Town Board on town related business. Yes, sir. Mr. Penny, in the back. GEORGE PENNY: Mr. Supervisor, Town Board. George Penny from Southold. I tried to raise a question before on a point of order during your meeting because as you are creating resolution, you have a policy that before a resolution is enacted the public can comment on it. And I am sorry that I didn't see any comment time available. So I think that if you are going to create agenda items from the podium, that the town should have a chance to address it. Regarding the allotted time and the availability of the Environmental Impact Statements .... SUPERVISOR HORTON: What was decided on? 10 or 14 days? COUNCILMAN ROMANELLI: 14 days. SUPERVISOR HORTON: 14 days, yes. September 9, 2003 27 Southold Town Board MR. PENNY: Well, ! am more concerned with availability. The last time around, there were none available at the libraries, they were taken. ! came to the Town Hall, ! requested to buy a copy. It was not available at any price. ! had to wait four days and ! was told that the loaner that was available would be available for public consumption, ! put my $25 deposit down and ! brought it back four days later. ! don't really think that that was availability. As ! read in 617, which the Town Attorney was gracious enough to give me a copy of, it says that this material has to be available for those that request it. And so ! think that you are going to print 70 copies like you did the last time, you are not doing a public service to the community. And also, if you are only going to complete the generic questions and answers and not the entire text that you have available to yourselves, how can the public rationalize it? ! don't know how you did it today and on Thursday also, what the answers were to the questions that were really asked. Because when you take a question and you boil it down to a generic form and that question is asked by 40 different people, you can't truly address it in a matter of a paragraph or two. So the Town Board doesn't really know, although they adopted it, what the people were really asking. What they know is what the consultants decided what the people were asking. And ! am really not certain and this will come out more, this will come out as we get this document in our hands, ! think it is going to open a lot of questions. ! don't know that how in 100 pages, you could address the socio-economic aspects of everything that is going on here, as required under SEQRA. Thank you. SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Board? Mrs. Egan. MRS. EGAN: Good evening again, everybody. Sorry that Mr. Richter had to leave. ! noticed for your discussion period, Mr. Romanelli was probably in on this. For discussion, the run-off erosion on construction sites, right up my alley, right Mr. Romanelli? COUNCILMAN ROMANELLI: ! can't take credit for that, it was Councilman Moore's MRS. EGAN: Oh, that Board should take credit for nothing. You know that, dear. But was anything truly enacted to help us down there off of Moore's Lane by Riverhead Supply, all their run-off? COUNCILMAN ROMANELLI: We didn't enact the law yet. Councilman Moore worked on the law with Jamie Richter and Ed Forrester .... MRS. EGAN: Who is Richter? COUNCILMAN ROMANELLI: Jamie Richter, the Town Engineer. We decided today to pass the law over to the Planning Department and the Trustees to get their input. MRS. EGAN: My goodness. This is amazing, isn't it? Maybe you have done something before the calendar year is over. SUPERVISOR HORTON: You will be pleased, Mrs. Egan. MRS. EGAN: Oh, ! don't know that ! will be pleased, ! will have to see the law first. Now, what about the protection of the property? You know, that orange stuff. What do you call it, Josh? September 9, 2003 28 Southold Town Board SUPERVISOR HORTON: Construction fencing. MRS. EGAN: Yeah. How are we doing on that one, Mr. Romanelli? COUNCILMAN ROMANELLI: We haven't gotten to that one yet. MRS. EGAN: The Building Department should make it, it is a very dangerous thing for children, cars, people and animals. Now, talking about animals, Mr. Moore, according to national television, now our friend from the animal shelter isn't here, the country is becoming inundated with too many animals. ! think that when the animal shelter is finalized and it certainly is a mess up there and we certainly do need a new animal shelter, that new rules and regulations should be enforced. Who would have input to those rules and regulations? COUNCILMAN MOORE: Well, ! am sure that we could direct; assuming that we have a contract and we hire people to do the task for us, we could set the performance standards... MRS. EGAN: No, I mean what will be done as far as the animals are concerned? Who will those people be? SUPERVISOR HORTON: To date, it has been the North Fork Animal Welfare League. MRS. EGAN: So, if ! have any suggestions, important ones, they are suggesting that we not increase our animal population through our country anyhow, they really are trying to do that on a world wide basis, but let's here in the United States get on top of it. Now, again, Mr. Moore, your head falling off again, huh, darling? COUNCILMAN MOORE: ! am holding on as best ! can. MRS. EGAN: Well, not doing a very good job. Now, again, ! realize that you probably can't do an awful lot about it but there was a lot of talk for the last couple of years; that Cablevision would do something for us in regard to you know, giving us a senior citizen if our income blah, blah .... now, you do know, which ! mentioned at the last Town Hall meeting and ! don't think that you were here; that there really almost nobody up in that building in Riverhead. The only telephone number that you can possibly get is that gal with the long hair on channel 20 and she, you all know who ! mean, she is a little bit but she does have her facts straight. Now, ! would suggest that you take that under your chin Mr. Moore and see if you can't get something done there. Now, again, ! would hope that Mr. Richter hadn't left because ! was going to ask him and you also, Mr. Horton, ! do want to see you anyway before you leave, was there any, when the Chief was here today about the offices and you know other matters ! am sure, he did agree with me, ! spoke with him on the phone as ! did with Pat, about the testing of police officers before they go on duty or after they come off duty in regard to, for the blood test for drugs and alcohol. Maybe it should be done on the Town Board also, before it meets. SUPERVISOR HORTON: ! have not discussed that with the Chief. September 9, 2003 29 Southold Town Board MRS. EGAN: You haven't? Well, ! have. And he thinks that it is a great idea. You see, the way they, ! don't particularly care for the way that they change stations. They will drive to one place, they don't go into ..... SUPERVISOR HORTON: But they don't do that because they are drunk, Mrs. Egan. MRS. EGAN: Do you know that for a fact, Mr. Horton? SUPERVISOR HORTON: ! trust our police department. MRS. EGAN: Uh, uh, uh. Do you know that for a fact and the answer to that is yes or no? So the answer is no, obviously, right? Now, ! believe also at the last Town Hall meeting, you maybe were a little preoccupied with the coming events, which were very nice incidentally.. SUPERVISOR HORTON: For the record, Mrs. Egan was sitting in the reserved seats at my wedding. MRS. EGAN: With the whistle and the cowbell. It is now four months since ! gave you a letter to give to Mr. Yakaboski about some very important matters. And the answer to this question will be yes or no. Has Mr. Yakaboski answered that letter yet? SUPERVISOR HORTON: No. MRS. EGAN: Great. Do you think that he will be doing that? SUPERVISOR HORTON: No. MRS. EGAN: May ! ask why not? SUPERVISOR HORTON: ! will need you to refresh my memory in writing about .... MRS. EGAN: No, no, no. You have the letter in your file and the copy was sent to Mr. Yakaboski. So ! am sure that somebody has the copy. ! don't see why, as a matter of fact, you can review the Town Hall meeting, ! read it here, Josh. SUPERVISOR HORTON: Okay, ! will do that, ! will find the letter. MRS. EGAN: ! am not finished yet, so don't rush me. Oh, yes, the other area that ! asked you to look up was riparian rights. Did you have the opportunity to do that? SUPERVISOR HORTON: ! did look it up in the dictionary. MRS. EGAN: That doesn't give you very much information. SUPERVISOR HORTON: But you asked me the definition, to which ! don't recollect. September 9,2003 Southold Town Board 29 MRS. EGAN: That doesn't give you very much information. SUPERVISOR HORTON: But you asked me the definition, to which I don't recollect. MRS. EGAN: I knew the definition but I mean, in its application for people who live out here, not necessarily on the water. Well, I will tell you somebody, I have had three people working on it and when I have the facts in, maybe I will sell them to you. Thank you very much. SUPERVISOR HORTON: Thank you very much, Mrs. Egan. Would anyone else care to address the Town Board on town related business? (No response) Thank you all for attending the meeting, I thank every single one of you for your input, participation and have a great evening. * * * * * * qt~~~ Southold Town Clerk