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HomeMy WebLinkAboutTB-01/06/2004SOUTHOLD TOWN BOARD REGULAR MEETING January 6, 2004 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, January 6, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman John M. Romanelli SUPERVISOR HORTON: Welcome to the January 6th, 2004 Town Board meeting. Please rise and join with me in the Pledge to the Flag. Forgive my late start, it was not a trick on Councilman Ross or Councilman Edwards but they were missing a few resolutions. We had to get those copied. And welcome to you all, to this Town Board meeting. Welcome our new Town Board members, Councilman Bill Edwards, Councilman Ross and our newly appointed Town Attorney, Pat Finnegan. Welcome. And of course, welcome to the returning Board members as well. ! want to make mention that Councilman Romanelli contacted me about 15 minutes ago, he had to pay attention to an emergency that popped up. He is going to try to make it here but he did explain a legitimate concern and need to attend to a personal matter. We have reports, public notices and communications available at the Town Clerk's Office. The Town Clerk's Office is open 8:00 A.M. through 4:00 P.M., five days a week, Monday through Friday. And as well, we have, it is the policy of the Town Board in allotting time for the public to address the Town Board, we will give the floor prior to the voting of the January 6, 2004 Southold Town Board 2 resolutions on the agenda and after the resolutions are voted on, we will also give the floor to the public to address the Board on town related business. As two points of reference, one is if you do address the Town Board, I ask that you do so from one of the two microphones located at the front of the room, state your name and place of residence clearly for our records, and also we are going to, as many of you that come to these Town Board meetings regularly, we are going to try something new and it was successful at this mornings Organizational meeting. You are probably accustom to us, after the resolution is read, it gets a second, it goes to discussion and then we have the roll call. What we are going to do is still have the point, offer the point for discussion but then go to a all opposed, abstained, motion carried, to see how that works and hopefully that will move the meeting along, and we rehearsed it today at the Organizational meeting and it was successful. As well, Town Board members still do reserve the right to request a roll call for a specific vote and we will generally call the roll for Bond issues as well as the passing or the voting on Local Laws. So those are the two that I will try to maintain a formal roll call. Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $751,017.01; General Fund Part Town bills in the amount of $53,363.46; Risk Retention Fund bills in the amount of $419,443.00; Highway Fund Whole Town bills in the amount of $17,655.66; Highway Fund Part Town bills in the amount of $149,893.72; Capital Projects Account bills in the amount of $52, 852.52; Community Preservation Fund (2% Tax) bills in the amount of $12,712.20; Waterway Improvement Program bills in the amount of $116,270.61; New London Terminal Project bills in the amount of $68,174.50; Compost Land Acquisition bills in the amount of $603.00; Employee Health Benefit Plan bills in the amount of $23,919.52; Fishers Island Ferry District bills in the amount of $27,997.17; Refuse & Garbage district bills in the amount of $27,997.17; Southold Wastewater District bills in the amount of $3,916.68; Southold Agency & Trust bills in the amount of $8,202.43 and Fishers Island Ferry District Agency & Trust bills in the amount of $110.20. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, 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 Town Board meeting of December 2, 2003 be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Town Board meeting of the $outhold Town Board be held Tuesday, January 20, 2004 at 7:30 P.M. at the $outhold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. January 6, 2004 Southold Town Board 3 REPORTS 1. Leave Time Summary Report - November 2003 2. Island Group Administration, Inc. Claim Lag Report - through November 2003 ii. PUBLIC NOTICES None iii. COMMUNICATIONS None SUPERVISOR HORTON: At this point we will offer the floor to the public to address the Board on any of the resolutions. Mr. Carlin. FRANK CARL1N: Good evening, ladies and gentlemen of the Board, Happy New Year. SUPERVISOR HORTON: Happy New Year, Mr. Carlin. MR. CARL1N: I don't know if this includes, this resolution includes, on the resolutions we have on this agenda, but the resolution that you had this morning on your Organizational, I want to question you on that. Is that all right? SUPERVISOR HORTON: Certainly. MR. CARLiN: i understand that you removed Benny Orlowski from his position, right? SUPERVISOR HORTON: That is correct. MR. CARL1N: He is not no more on the Planning Board at all, right? SUPERVISOR HORTON: That is correct. MR. CARL1N: You know, that is very strange. The guy was recommended in last weeks paper for doing his job from the State and everything. I don't understand that. I don't understand that. I can remember back in the last part of the Harris administration, they removed him also from the Board but then when the United Southold party came in, Tom Wickham re-instated him. I understand he voted him to be released this morning, right? SUPERVISOR HORTON: That is correct. MR. CARL1N: That is awful strange, too. You re-instate someone once and then you vote them out. But anyway, I guess that is politics but I want to say one more thing before I sit down because I have got a lot to say tonight. I want to welcome these two gentlemen to the Town Board, Mr. Edwards and Mr. Ross. What I have to say later on, wasn't on your watch. So sit back and listen. But I do want to say this, if you are here four years, if you are here eight years, or if you are going to be here 12 years, you are going to say to yourselves, boy, I learned a lot of experience from being on that Board. I will be back later. January 6, 2004 Southold Town Board 4 SUPERVISOR HORTON: Thank you, Mr. Carlin. Ms. Tole. CATHY TOLE: Cathy Tole, Greenport. Good afternoon and also congratulations. On item #32, I am just a little confused as to why this is an agenda item, why an employee of the town is not simply directed to conduct this inspection. I would assume that is a matter of business regularly, that staff within the town, and he is not elected, correct? It is just staff, is directed to perform their regular duties. So I don't understand why there simply wasn't a direction to the head of the Building Department to have this property inspected, as opposed to a Board resolution directing him to do it. It seems procedurally, a little, well, a lot off the mark. So I am curious, can you explain why it is a Board resolution, as opposed to normal course of business, where the administrator-yourself, Josh- would simply direct an employee to conduct something to achieve a goal? SUPERVISOR HORTON: I will just say that this adds more strength than a standard memo by saying that the entire Town Board does want this inspection to take place. Certainly something that a memo could accomplish as well, however, this is, ! am assuming if this is adopted unanimously, speaks to that. MS. TOLE: Who is it giving more strength to? A staff member, or Mr. Carter, or the person who owns the building or whom? SUPERVISOR HORTON: # 32 is not anything to do with Mr. Carter, I believe Mr. Carter's was a hearing that we held this morning, for a property in Greenport. This one relates to a property in Mattituck. MS. TOLE: Oh, okay. I am not sure who is getting more strength from this directive and whether it is political strength, or whether, why there needs to be that strength behind a direction for somebody to simply perform their duties. It seems confusing that it would need the strength of the Board unless there is a problem with them performing their duties? SUPERVISOR HORTON: There is not a problem with them performing their duties and this will direct them to that specific site to conduct the inspection. MS. TOLE: Okay. SUPERVISOR HORTON: Are there any other comments from the floor on the resolutions? Yes, Mrs. Egan. JOAN EGAN: Before I proceed, I have one question, have we established for the new Town people who will be the liaison officer for the Police Department and the roads. Mr. Romanelli will still be with the roads? SUPERVISOR HORTON: That is correct. Mr. Romanelli and Councilman Ross will be the liaisons for the Highway Department and ! will be the liaison for the Police Department. MS. EGAN: You? January 6, 2004 Southold Town Board SUPERVISOR HORTON: Yes, ma'am. MS. EGAN: Hope you do a better job than Mr. Richter did. SUPERVISOR HORTON: ! will do my best to do a good job. MS. EGAN: ! will try to keep up with you on that, of that you can be sure. ! did not notice here in your reports, the summary of things that happened in court in December. Usually that is here and that wasn't done. But a lot of things weren't done. Because everybody was too much partying. But alright, on #1, incidentally, ! had requested at least two or three times and we do have a board there, you do have some maps and charts for us, don't you Mr. Horton. SUPERVISOR HORTON: I believe for .... MS. EGAN: Do you know? ! don't want this ! believe, ! think. SUPERVISOR HORTON: On the public hearings, on the sale of development rights, yes, there will be charts. MS. EGAN: On all of these items where there is land, you should have chart. Even if you only bring the one from the telephone book, it shows were all the areas are. Alright, now on #1, now this letter of agreement with Brookhaven Town, what is that about? SUPERVISOR HORTON: This is resolution #1 ? MS. EGAN: Correct. And nobody needs to put their elbow on the table. SUPERVISOR HORTON: This authorizes me to sign an agreement with the Town of Brookhaven for the disposal of demolition and construction materials from the Town transfer station and we believe that this is a much better disposal cost that we have been seeing from some of our other carters. MS. EGAN: Better and more economical, ! would hope. SUPERVISOR HORTON: Yes. MS. EGAN: Good. Now, on #3, we can't seem to keep the school guards and there are hardly any of them left anymore and ! think part of the problem lies with, maybe the direction they get from the Police Department. So there is something for you to check out, Mr. Horton. Now, again here on #5. We have again, property, ! don't know where it is. Development rights... SUPERVISOR HORTON: There will be a map in relation to that public hearing. MS. EGAN: Wonderful. And that will be for #6. # 7, where is he located from? SUPERVISOR HORTON: I don't have the exact address for Greenblatts. January 6, 2004 Southold Town Board 6 MS. EGAN: Is it in Southold Town, Riverhead, Nassau County? SUPERVISOR HORTON: It is on Long Island. MS. EGAN: Oh, that is wonderful. On the boat. No, I am very serious, do you go for bids... SUPERVISOR HORTON: Yes, we go for bids. We are accepting a bid on this resolution. MS. EGAN: And you have checked the other bids carefully? SUPERVISOR HORTON: All of the bids have been reviewed carefully. MS. EGAN: Good. Now what is this #9, this Village of Greenport? SUPERVISOR HORTON: This is for telecommunications equipment, a building that houses a variety of telecommunications equipment that is utilized by the Town, the Village and the local fire department. MS. EGAN: Yeah. SUPERVISOR HORTON: So we are sharing in the cost of moving that building. MS. EGAN: Where is it going to be moved to and from? SUPERVISOR HORTON: I believe it is being moved, if I am not mistaken from the tower in Greenport, the sandpit, you know the radio tower? I believe it is being moved to the sandpit tower, which is behind Washington Avenue, from the water tower in Greenport. MS. EGAN: And that is a better situation? SUPERVISOR HORTON: Much better, yes. MS. EGAN: Good. Now, gl0, again more legal counsel. I don't understand when we have a Town Attorney, why we always have to get somebody else, other legal counsel? SUPERVISOR HORTON: These bills are in regard to appraisals and legal counsel handling contracts for many land preservation projects. MS. EGAN: And we will hopefully take a lawyer from Southold, won't we, Mr. Horton? SUPERVISOR HORTON: We will do our best. MS. EGAN: Pardon? SUPERVISOR HORTON: We will do our best. January 6, 2004 Southold Town Board 7 MS. EGAN: No, no, we will do it. SUPERVISOR HORTON: Mrs. Egan, do you have any resolutions that you would like to address? MS. EGAN: I am not finished. I am sorry Mr. Horton, the longer you keep interrupting me, the longer it will take. Now, ! had spoken on #12 before, that it is better to have one telephone service that you get a better rate by doing with one company. Obviously, you have changed your mind or you didn't look into it. Okay, #13, what does FEMA mean? SUPERVISOR HORTON: FEMA is the Federal Emergency Management Aid and we are realizing monies that our Emergency Management Team put together, managed to levy from SEMA, which is the State Emergency Management organization and FEMA, the Federal organization, to reimburse the Town for much of the expenditures that we incurred over the course of several winter storms this past winter. MS. EGAN: And #14 is a local girl, I would presume? What school? SUPERVISOR HORTON: Yes, Southold. MS. EGAN: I don't hear too often about students from Greenport doing that or from Mattituck .... SUPERVISOR HORTON: Mrs. Egan, MS. EGAN: .... It should be done. Again, now we are changing a mini-bus driver from the Human Resource Center. Something is wrong there that they keep changing bus drivers. SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: Don't keep interrupting me. Now, ! again have asked you and ! hope it will go through soon to change on #16, Programs for the Aging, ! think that is a horrible term and very, very, very wrong. Alright, now what is this overdrawn Environmental and Moratorium lines on # 19? SUPERVISOR HORTON: It is just as you said. MS. EGAN: Pardon? SUPERVISOR HORTON: Just as you said, it is covering some of the costs that were incurred in regard to Planning work and environmental assessments. MS. EGAN: In other words, you didn't estimate properly and now you have to make up for it, is that what you are saying? SUPERVISOR HORTON: I am not saying that. MS. EGAN: What are you saying? January 6, 2004 Southold Town Board SUPERVISOR HORTON: I am not saying that but you may interpret that. Are there other resolutions that you would like to address? MS. EGAN: Yes. #21, falls under the same category and #22, now, on #23, grant a partial refund to Anna Woznick, as she has withdrawn her application to the Zoning Board of Appeals. What does that mean? Why do we have to grant her a refund, did she have to put money up or did she serve some time and now she gets paid for it? SUPERVISOR HORTON: No, I believe that was assessed to be the fair treatment of that applicant. MS. EGAN: Pardon? She had to pay to make an application? SUPERVISOR HORTON: Mrs. Egan, are there other resolutions you would like to address? MS. EGAN: Yes, every time you interrupt me I have to answer you and that takes more time. Again, this is on #26 and 27 and you say you will provide a map. Now, what structure is this on #32, up in Mattituck? SUPERVISOR HORTON: It is on the Main Road, on the north side of the road, slightly past the big bend that takes you past Love Lane, it is there on your right. MS. EGAN: Well, I think that covers it. I thought you would like to know that the destruction on the Presbyterian Cemetery is over $200,000. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Town Board on the resolutions before we vote on them? Mr. Carlin. MR. CARL1N: On the Organizational meeting this morning, the resolutions this morning there resolutions which are 72 of them, appointments and all of that, ! went through them but you never mentioned, you never appointed or mentioned appointing an Animal Shelter committee. You have got everybody else in there, appointing this guy and this guy and all that, Architect Review Committee, but of the72 that you went through this morning, you never mentioned the kind of Animal Shelter you are going to appoint. Are we getting started on the wrong foot on this already? SUPERVISOR HORTON: Mr. Carlin, I appointed Councilman Edwards and Councilman Wickham to be the team to lead the Animal Shelter construction project. MR. CARL1N: ! know but it should have been included in this, you included everything else.. SUPERVISOR HORTON: It actually was read into the record at the meeting, it came under a list of a number of appointments for Town Board Committees. MR. CARL1N: I am starting to wonder what kind of priorities does this Animal Shelter really have now in this Town? January 6, 2004 Southold Town Board 9 SUPERVISOR HORTON: Thank you, Mr. Carlin. Yes, Mr. Miller. JAMES MILLER: James Miller, Paradise Point Road. #41, on your resolutions, the moratorium. SUPERVISOR HORTON: We will be holding a public hearing on that before voting on this resolution. MR. MILLER: Okay, originally it was proposed that it was going to be 90 days, I see now it is already extended to 1807 SUPERVISOR HORTON: I believe that initially proposed as 180 days. COUNCILMAN WICKHAM: It has been extended several times. This is a proposed extension after we have the hearing tonight a vote may be taken for a six month extension. The hearing is on a six month extension. MR. MILLER: Alright, I would just like to bring to attention that certainly all of the new Board members, as part of their campaign promises and they should be well informed on this now, and to go on for an additional six months, I think, is excessive. I think they should hit the ground running and I think 90 days is very appropriate and anything else is excessive. SUPERVISOR HORTON: Thank you, Mr. Miller. You would like to comment on a resolution, yes, sir. DICK MARSCHEAN: Dick Marschean, Southold. I would like you to clarify #35. We are going to have a referendum on the Whitaker House? SUPERVISOR HORTON: No, actually that is a good question, I am glad that you brought that up. In order for the Town Board to legally sell it, once this resolution, if it is adopted, that sets the clock from this day forward for 30 days, where I believe if the sale of the Whitaker House is protested, the concept of the sale of the Whitaker House is protested, it then has to be set to a public referendum before it can be sold. If it is not protested in those 30 days, the Town is free to sell it, we have already declared it surplus. MR. MARSCHEAN: So, you anticipate a protest? SUPERVISOR HORTON: Actually, I was just going to turn to the Town Attorney to explain exactly what form it would be protested. TOWN ATTORNEY FINNEGAN: The sale of property under Town law is subject to permissive referendum, so during the 30 day period after this resolution is enacted, if a protest petition is filed at the Clerk's office, then it would go to a referendum at the next election or we could hold a special election depending on the time. MR. MARSCHEAN: This is all property? It is not just the Whitaker property? January 6, 2004 10 Southold Town Board TOWN ATTORNEY FINNEGAN: That is correct. SUPERVISOR HORTON: That is correct. MR. MARSCHEAN: Alright then, the declaration of covenants and restrictions, are those available now? SUPERVISOR HORTON: Not right this second, but they are drawn up and I could... MR. MARSCHEAN: But how can you vote on it tonight if they are not available. JUSTICE EVANS: We have seen them. SUPERVISOR HORTON: We have seen them. MR. MARSCHEAN: You have seen them but we haven't. SUPERVISOR HORTON: That may be so, yes. MR. MARSCHEAN: Well, how can you do something like that when originally the house was bought, the approval, originally without these resolutions? SUPERVISOR HORTON: The covenants and restrictions were discussed for sometime, some months ago, about what they would be, I don't have them right on my person to read them aloud but they have been drawn up by the attorneys department. MR. MARSCHEAN: Well, but this is a very sensitive house. SUPERVISOR HORTON: They will be made as part of any advertisement and you know, if somebody had them. Okay, Tom actually does have them, if you would like them read. MR. MARSCHEAN: Were they published in the newspaper, Mr. Wickham? SUPERVISOR HORTON: I don't think that they were. COUNCILMAN WICKHAM: Not at this time but we did discuss them extensively a year or so ago. As a matter of fact, these were developed in the last year. SUPERVISOR HORTON: In the past six months. MR. MARSCHEAN: Remember, this house is in an historic area, gentlemen, I hope that I don't have to mention this to you. SUPERVISOR HORTON: Right and the covenants and restrictions speak to that. MR. MARSCHEAN: Yeah, I know but the thing is, we the public should know what they are. January 6, 2004 Southold Town Board 11 SUPERVISOR HORTON: That is a fair point. COUNCILMAN WICKHAM: If you want, I could read them. SUPERVISOR HORTON: Certainly, feel free. Mr. Marschean would like them read, I think that is appropriate. COUNCILMAN WICKHAM: If you want I could summarize quickly here. MR. MARSCHEAN: Why don't you just make a Xerox copy? COUNCILMAN WICKHAM: That is fine. MR. MARSCHEAN: Alright. I have another question on another item. Since you are anticipating a possible protest, I think it is only right that these things, they be published in the newspaper, particularly if you vote on these things tonight, which I assume you will, is that correct? SUPERVISOR HORTON: We will be voting on those resolutions tonight, yes. MR. MARSCHEAN: So then you will publish these then, right? SUPERVISOR HORTON: I think that we can, are we required to publish them? I don't see why we can't. TOWN ATTORNEY FINNEGAN: We can publish them. SUPERVISOR HORTON: Yeah. That is a fair idea. COUNCILMAN WICKHAM: It is a good idea. SUPERVISOR HORTON: Yeah, it is a fair idea. ! honestly had not crossed my mind, so that is why ! am thinking it through. The official newspaper this year is the Suffolk Times, as of February 2. MS. EGAN: (comments made from audience) It should be in two newspapers. MR. MARSCHEAN: If you are going to have the sale of the house, ! agree with Mrs. Egan, it should be in two newspapers. SUPERVISOR HORTON: Okay, thank you, Mr. Marschean. MR. MARSCHEAN: ! have another comment. #33, that you are going to set a hearing on the Ethics Code, ! assume that you will have those amendments also published, so that we can all intelligently come to the hearing, right? SUPERVISOR HORTON: They will have to be published. January 6, 2004 Southold Town Board 12 MR. MARSCHEAN: Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor on the resolutions? Mr. Tillman. ART TILLMAN: Art Tillman, from Mattituck. Seeing that it is the time for new beginnings, I would like to propose or plant a seed for a thought for the future perhaps, SUPERVISOR HORTON: Is this on a specific resolution that is on the agenda? MR. TILLMAN: Yes, it relates to #1, authorizing sending our stuff, our construction debris etc., up to Brookhaven. Anyway, I would like to see the dump more user friendly, if you will, I see that the recycling area, I believe, has been cut back by about an hour. It is an hour early, it closes an hour early. A lot of people get a lot of enjoyment out of that place and also it is necessary recycling. Further, I would like to see an area in the back set aside for usable construction debris. Many times somebody needs a 2x6, 2x4 whatever, plywood and if somehow those that are dumping that stuff could set it aside as we do with the other recycling area, I think it would save debris being shipped out of Town and also save us money and it is just plain good ecology. Also, I would like to see an area set aside for firewood. There are a lot of us that burn wood and there is a lot of wood being hauled out of here that could be reused, I know there are questions probably of liability and all of this but I don't think that the problems are insurmountable and I do represent a group of people. We haven't formally organized, we were going to call ourselves 'Friends of the Dump'. I will do it if necessary but I would just like to see the Board move in that direction and I am sure that it would be a very popular move. Thank you. SUPERVISOR HORTON: Okay, thank you. Yes, Ms. Norden. MELANIE NORDEN: Good evening, Melanie Norden, Greenport. With relation to #33, as you may remember several weeks ago, I filed a Freedom of Information petition and asked for information regarding the Ethics Board and a proceeding that took place before the Board. I have thus far not received that information from the Town and I am very concerned because of course, the deadline is up by many, many weeks. And a lot of that information was unclear as to whether the information was public or not public, so before there is any amendment made to the code, I would like the code as it stands now, to be enacted on and go on record to say that I am still waiting for the Town Attorney's response to my Freedom of Information Request. I have now waited approximately two months, the information is still not been forthcoming and before we amend the code, I would like to suggest that we take a look and explore the current code as it exists, number one and number two, if the amendments are extensive with respect to public access to information under the Freedom of Information request, as it pertains to the Ethics Board and or any of the amendments have to do with curtailing public information to the Town's Ethics Board, then we need to have those published well in advance of any hearing and in addition, need a justification as to why such amendments are necessary. So before we have a hearing in two weeks time, because this whole matter still stands before the Board, and I would still like my request, I have been very patient in asking for the information, I would still like my request to be acted upon, my request under the Freedom of Information law to be acted on by the Town Attorney. I would like a response by the Town Attorney and I would like a rational as to January 6, 2004 Southold Town Board 13 what these amendments to the Ethics Code pertain to and have a number of weeks in advance for those of us to address any amendment to the Ethics Code rather than simply that information being published willy nilly in the newspaper a week before the hearing. So, ! think there is not enough time as it stands now, especially if you are going to draw up an intense Ethics Code and make a big change, ! think we need a little bit more time. SUPERVISOR HORTON: Okay, thank you. Are there other comments on the floor on the resolutions? Ms. Egan. MS. EGAN: ! note that you are about the only one who has a pencil going for some of these questions, ! think that some of the other councilpeople should do the same. Don't trust your memory, write it down. SUPERVISOR HORTON: Thank you, Ms. Egan. CATHY TOLE: Cathy Tole, Greenport. ! was unsure of your response to Melanie's question. You said yes, and ! am not sure if that was that you will give a little more time before the Ethics Code hearing is set? SUPERVISOR HORTON: No but the, it is set for two weeks out and copies of what will be in the newspaper... MS. TOLE: It will be published a week, SUPERVISOR HORTON: It will be published in Thursday' s paper and then the paper after that. And as well, the law is available and it doesn't deal at all, the legislation will be available in Town Hall and it doesn't deal at all with any Freedom of Information issues. MS. TOLE: ! guess you are locked in on the timing of this but ! think on all local laws, you know, two weeks really between the announcement that you are going to publish it and actually holding the hearing and probably enacting it is extremely short time and it gives the appearance of kind of shoving stuff through and ! am not suggesting that that is what is happening or not but it does kind of prevent a lot of people from setting up their schedules and reacting to it and discussing it and things like that. And ! think that we have a forum here for discussion and ! would urge that any other local law be given a little more time than these two weeks because it is not giving a fair opportunity to people who are not privy to the discussions that at the work session to really discuss it and bring out their comments. Not everybody can attend here also, so that means that they have to put them in writing and submit them. So, please, ! would also urge you to delay that for another two weeks, ! don't see any great harm, ! don't think that you are going to have tremendous ethics violations in that ensuing two weeks that it would be a problem delaying it and giving the public a chance to respond. SUPERVISOR HORTON: Thank you very much. Are there other comments on the resolutions? (No response) Then why don't we move to actually dealing with the resolutions up to the point that we can? And we have several public hearings on tonight. January 6, 2004 Southold Town Board 14 UNIDENTIFIED COMMENT FROM AUDIENCE: Hold it, you didn't give her an answer, are you going to delay? SUPERVISOR HORTON: I am not, no. UNIDENTIFIED: So you are going to vote on this resolution January 20th? Yes? SUPERVISOR HORTON: We are going to hold the public hearing January 20th, if this resolution passes. UNIDENTIFIED: I was just asking you... SUPERVISOR HORTON: I understand what she asked, Mr. Marschean. MR. MARSCHEAN: Pardon? SUPERVISOR HORTON: ! understood. MR. MARSCHEAN: Yeah, but you didn't give her an answer. SUPERVISOR HORTON: I did, yes. MR. MARSCHEAN: No, you did not. UNIDENTIFIED: Yeah, he said that it was going to take place in January.. UNIDENTIFED: He said that he was not going to consider moving it. SUPERVISOR HORTON: So, we will move forward with the resolutions to the point that we can as far as public hearing resolutions. #1 Moved by Councilman Edwards, 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 a proposed Letter of Agreement with the Town of Brookhaven for the economical disposal of construction and demolition materials from the Town of Southold at the Brookhaven C&D landfill, subject to the review and approval of the Town Attorney, Town Comptroller, and the Solid Waste Coordinator. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED, February 3, 2004-Resolution #100 #2 Moved by Councilman Ross, seconded by Councilman Wickham, it was January 6, 2004 Southold Town Board 15 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to send a Letter of Release From Claims to be submitted by Terry Contracting and Materials~ Inc. in the amount of $55~000. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #3 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following rate of pay for Combined position of Driver/Traffic Control Officer/School Crossing Guard: Effective January 1, 2002 Step Hourly Rate Entry 14.6578 1 15.8578 2 16.3378 3 16.9861 4 17.4661 5 18.6672 Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #4 Moved by Councilman Wickham, seconded by Councilman Edwards, 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. 1355.2.200.100 Assessors, Fax Machine From: A. 1620.4.400.700 Buildings & Grounds, Building Rentals Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $700 $700 Councilman Ross, Councilman Wickham, #5 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 20~ 2004~ at 8:10 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Steven Dubner. Said property is identified as SCTM #1000-84-1-8 and 24515 CR 48. The property is located on the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48, in Cutchogue. The development rights easement comprises approximately 21.9 acres of the 23.9 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is January 6, 2004 Southold Town Board 16 $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 20, 2004, at 8:15 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Steven Dubner. Said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue. The development rights easement comprises between approximately 41.2 and 46.18 acres. The exact acreage will be determined by the survey. The purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7 Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Charles Greenblatt~ Inc. to supply police uniforms to the Southold Town Police Department for the calendar year 2004, all in accordance with bid specifications and the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8 Moved by Councilman Wickham, seconded by Justice Evans, it was January 6, 2004 Southold Town Board 17 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Nopp¥'s Cleaners to clean the police uniforms to the Southold Town Police Department for the calendar year 2004, all in accordance with bid specifications and the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. g9 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Norton to execute an agreement with the Village of Greenport for half the cost of moving the telecommunications equipment building to the Washington Avenue cell tower site. The cost to the Town will be $1,675.00. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. gl0 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community Preservation Fund as follows: To~ H3.8660.2.500.200 H3.8660.2.500.100 From: H3.8660.2.600.100 Appraisals $ 9,000. Legal Council $11,000. Land Acquisitions Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $20,000. Councilman Ross, Councilman Wickham, gll Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Stace¥ Norklun to the position of full-time Data Processin~ Equipment Operator in the Southold Town Clerk's Office at a salary of $39,822.70 per year, effective January 2, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. g12 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Norton to execute an agreement between Phone Review and the Town of Southold to authorize Verizon to facilitate the placement of all usage services in the special rate program through the New York State Office of General Services Aggregated Telecommunications Contract gPS58752. January 6, 2004 Southold Town Board 18 Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #13 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2003 budget as follows: Highway Fund Whole Town Revenues: DA.3960.00 DA.4960.00 Appropriations: DA. 5142.1.100.100 SEMO Aid $11,283.00 FEMA Aid 67,698.00 Snow Removal, P.S. Full-time Regular Earnings $ 21,000.00 DA. 5142.1.100.200 Snow Removal, P.S. Full-time Overtime Earnings 47,000.00 DA. 5142.4.100.935 Snow Removal, C.E. Rock Salt Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 10,981.00 Councilman Ross, Councilman Wickham, #14 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Bonnie Aldcroft as a part-time Student Intern in the Town Clerk's office, effective January 2, 2004, at a salary of $9.54 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #15 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Ford~ part-time Mini Bus Driver with the Human Resource Center, effective December 12, 2003. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #16 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: January 6, 2004 Southold Town Board 19 From: Appropriations: A.6772.1.200.100 To Appropriations: A.6772.4.400.675 Programs for the Aging Part Time Employees Regular Earnings $ 200.00 Programs for the Aging Contracted Services Dishwashing $ 200.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SR 8160.4.100.250 SR 8160.4.100.573 SR 8160.4.100.600 SR 8160.4.400.820 From SR 8160.4.400.815 #17 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Solid Waste District budget, as follows: To Heating Fuel $ 500.00 Maint/Supply Trommel Screen $ 1,050.00 Misc Equip Maint/Supply $ 500.00 Plastic Recycling $ 1,000.00 Scrap Tire Removal $ 3,050.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #18 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Michael Verity, Damon Rallis and Patricia Conklin of the Building Department to attend a Wind Resistant Construction Seminar on February 11, 2004. The seminar will be held at Firemans Pavilion, 555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. - 4:00 p.m. There will be a registration fee of $20.00/person. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #19 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Planning Budget, as follows: From: B 8020.1.100.100 Personal Services Full time Employees $5,000.00 To: January 6, 2004 Southold Town Board 20 B 8020.1. 200.100 Personal Services Part time Employees $5,000.00 From: B 8020.4.500.500 Planning Consultants $1,326.92 To: B 8020.4.500.300 Environmental Consultants $1,021.75 B 8020.4.500.600 Moratorium Consultants $ 305.17 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby creates a "Risk Retention Fund" and modifies the 2004 General Fund Whole Towm Part Town and Solid Waste District budgets as follows: Risk Retention Fund Revenues: CS.5031.00 Appropriations: CS.1910.4.300.100 CS. 1910.4.300.200 CS.1910.4.300.500 CS.1910.4.300.600 CS.1910.4.300.800 CS.1910.4.500.300 Interfund Transfers Insurance, Commercial Package Insurance, Public Officials Insurance, Boat Insurance, Umbrella Insurance, Claims Third-party Administration General Fund Whole Town To: A.9901.9.000.300 Transfer to Risk Retention Fund From: A. 1910.4.300.100 A. 1910.4.300.200 A. 1910.4.300.300 A. 1910.4.300.400 A. 1910.4.300.500 A. 1910.4.300.600 A. 1910.4.300.700 A. 1910.4.300.800 General Fund Part Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Insurance, Town To: Commercial Package Public Officials Surety Bond Police Professional Boat Umbrella Deductibles/Co-insurance Small Claims B.9901.9.000.300 Transfer to Risk Retention Fund From: B. 1910.4.300.100 Insurance, Commercial Package Solid Waste District To: SR.9901.9.000.300 Transfer to Risk Retention Fund From: $ 721,000.00 $291,000.00 41,000.00 14,000.00 100,000.00 250,000.00 25,000.00 $684,800.00 $385,500.00 33,800.00 9,500.00 107,700.00 29,800.00 91,000.00 25,000.00 2,500.00 $18,100.00 $18,100.00 $18,100.00 January 6, 2004 Southold Town Board 21 SR. 1910.4.300.100 Insurance, Auto/Inland Marine $18,100.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #21 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: Wa-' A. 1010.1.100.200 Town Board, P.S. Overtime Earnings $ 1,162 A. 1010.4.500.200 Town Board, C.E. Labor Relations 20,000 From: A.9010.8.000.000 ERS Retirement Benefits $21,162 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #22 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Solid Waste District budget~ as follows: Wa: Revenues SR. 5990 Appropriated Fund Balance 61,045.00 Appropriations SR. 8160.1.100.200 SR. 8160.1.100.300 SR. 8160.1.100.400 SR. 8160.1.100.500 SR. 8160.1.200.100 SR. 8160.2.500.200 SR. 8160.4.100.200 SR. 8160.4.100.550 SR. 8160.4.100.630 SR. 8160.4.200.100 SR. 8160.4.400.100 SR. 8160.4.400.625 SR. 8160.4.400.805 SR. 8160.4.400.810 SR. 8160.4.400.840 Full-time Overtime Earnings Full-time Vacation Earnings Full-time Sick Earnings Full-time Holiday Earnings Part-time Regular Earnings Garage & Shop Equipment Diesel Fuel Maintenance-Komatsu Payloader Maint/Supplies-SW Coordinator Vehicle Telephone Engineering Tire Repair MSW Removal C & D Removal Hazardous Waste Removal 1,000.00 5,103.00 2,950.00 454.00 5,500.00 200.00 3,000.00 3,640.00 10.00 1,000.00 5,500.00 100.00 129,000.00 3,500.00 300.00 January 6, 2004 Southold Town Board 22 SR. 8160.4.400.850 SR. 8160.4.400.900 SR. 8160.4.600.200 SR. 8160.4.600.300 SR. 8160.4.600.400 SR. 8160.4.600.700 Refrigerant Removal Security/Alarm Systems Meetings & Seminars Travel Reimbursement Postage Licenses & Permits 520.00 25.00 70.00 36.00 10.00 125.00 From: Appropriations SR.]9]0.4.300.]00 SR. 8160.].300.]00 SR.9010.8.000.000 SR.9040.8.000.000 SR.9055.8.000.000 SR.9730.7.000.000 SR.9901.9.000.000 Auto/Inland Marine Insurance Seasonal Regular Earnings NYS Retirement Workers Compensation Benefit Fund BAN Interest Transfer to Health Plan 7,000.00 4,000.00 31,698.00 2,200.00 2,900.00 24,200.00 29,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #23 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to Anna Woznick in the amount of $325.00 as she has withdrawn her application to the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #24 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: To: A.9901.9.000.100 From: A.9710.6.000.000 Transfers to Other Funds Transfers to Capital Fund $50,000.00 Serial Bonds Principal Payments $50,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #25 Moved by Councilman Edwards, seconded by Justice Evans, January 6, 2004 Southold Town Board 23 WHEREAS, due to the death of Justice Edward J. Hannabury, there is currently only one Town Justice available to process Shelter Island Justice Court cases, and, WHEREAS, it is essential to the interests of justice for the Town of Shelter Island to find additional judicial coverage until the replacement for Justice Hannabury is appointed; and WHEREAS, the Shelter Island Justice Court has requested that the Justices of the Town of Southold provide Shelter Island with additional judicial coverage until a replacement for Justice Hannabury can be appointed and the Justices of the Town of Southold have indicated a willingness to provide Shelter Island with such coverage; and WHEREAS, the Administrative Judge has indicated that resolutions are required from both the Town of Shelter Island and the Town of Southold to allow Southold Justices to sit as Justices in the Town of Shelter Island; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes its Justices to provide iudicial services to the Town of Shelter Island until the vacancy has been filled, subiect to the approval of Administrative Judge J. Patrick Leis, III. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #26 Moved by Councilman Ross, seconded by Councilman Justice Evans, WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on the entire, approximately 4.6 acre parcel of agricultural lands owned by the NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place), pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48, and is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant. The Town may be eligible for an additional grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency; 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 Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #27 Moved by Justice Evans, seconded by Councilman Wickham, January 6, 2004 Southold Town Board 24 WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by Manzi Trust, Robert Arnone & Others as Trustees, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road, and is located on the north side of Oregon Road, approximately 1,096 feet east of the intersection of Bridge Lane and Oregon Road, in Cutchogue. The development rights easement comprises approximately 17 acres of the 25 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency; 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 Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #28 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of Construction Equipment Operator for the Solid Waste District in accordance with the job specifications and required qualifications set forth by the Suffolk County Department of Civil Service. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #29 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. January 6, 2004 Southold Town Board 25 #30 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of $outhold hereby finds that the proposed Local Law entitled "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporarv Moratorium on the Processing~ Review of~ and making Decisions on applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #31 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Joshua Horton to sign a contract with Cornell Cooperative Extension of Suffolk County for work on the Wetlands Code revisions all in accordance with the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #32 Moved by Councilman Wickham, seconded by Councilman Ross, WHEREAS the building located at 11155 Main Road, Mattituck suffered a fire and as a result is vacant; and WHEREAS said property remains unimproved since the time of said fire; and now be it RESOLVED that the Town Board of the Town of Southold orders and directs the Southold Town Building Inspector to conduct an inspection of the structure and property at 11155 Main Road~ Mattituck, in accordance with Chapter 90 of the Southold Town Code, to be completed and filed by January 16, 2004. Be it further RESOLVED that a copy of this report also be delivered to the Town Attorney's Office upon filing. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #33 Moved by Councilman Edwards, seconded by Councilman Ross, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of January 2004 a Local Law entitled "A Local Law in relation to Amendments to the Ethics Code" 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 3ra day of February 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. January 6, 2004 Southold Town Board 26 The proposed local law entitled, "A Local Law in relation to Amendments to the Ethics Code" reads as follows: LOCAL LAW NO. 2004 A Local Law entitled "A Local Law in relation to Amendments to the Ethics Code" BE IT ENACTED by the Town Board of the Town of Southold, as follows: T. Purpose- Regulations and promulgations of ethical standards for public employees serve a legitimate public purpose. Restrictions on partisan political activity of public officers in this state have been sustained as necessary and proper methods of maintaining public confidence in government. This law will broaden participation in government by addressing the conflicts of interest and corruption that may result from the concentration of power in a few officeholders. This law is intended to eliminate apparent conflicts of interest, including those that arise when public officials are simultaneously subject to the demands of both their constituencies and their political parties, to broaden opportunities for public and political participation, to reduce the opportunities for corruption, and to increase citizens' confidence in the integrity and effectiveness of their government. These are legitimate governmental purposes and have been so identified as such both by the courts and the legislature. TT. Chapter 10 of the Code of the Town of Southold is hereby amended as follows: § 10-9. Representation. A~. A town officer or employee shall not represent any other person in any matter that said person has before the town nor represent any other person in any matter against the interest of the town. B. No relative (as defined in §10-2) of a sitting Town Board member shall represent any other person in any matter that said person has before the Town nor represent any other person in any matter against the interest of the Town. § 10-10. Appearances. A town officer or employee or any relative (as defined in § 10-2) of a Town Board member shall not appear before or exert influence over any board or department of the town, except on his or her own behalf or on behalf of the town. §10-12A No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party. § 10-13. Revolving door. A town officer or employee shall not appear or practice before the town as to particular matters on which the town officer or employee personally worked while in town service, unless acting in response to a request by the appropriate official for the sole purpose of providing information. A town officer or employee shall not appear or practice before the board or department in which he or she previously served, except on his or her own behalf, for a period of o[~-t-) two (2) years after the termination of his or her municipal service or employment. Nothing herein shall prohibit the Town itself from retaining the services of a former Town officer or employee or a firm or corporation in which such former Town officer or employee currently is employed. TTT. 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 thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date January 6, 2004 Southold Town Board 27 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Compliance with § 10-12A shall be completed 60 days from the effective date of this Local Law. JUSTICE EVANS: I would like, I know, Josh, you said you won't do it but I would like to see if the rest of the Town Board would like to put this hearing for the Town Board meeting after January 20. That when set would be for the next, the February, the next Town Board meeting. So, if people want more time, they would have more time. So, I would like to make a motion to amend this resolution to reflect the date of the next meeting, February 3. SUPERVISOR HORTON: Do we have a date? Thank you. February 3 is a Tuesday which would be the meeting following this. Is there a second for the amended motion? COUNCILMAN WICKHAM: I would second that. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. No: Councilman Edwards. This resolution FAILED. COUNCILMAN WICKHAM: Let's have a recount. SUPERVISOR HORTON: There was a motion to amend that motion. We will take a moment. The motion on the table was to amend this, to set the public hearing on February 3. COUNCILMAN WICKHAM: Can we have a roll count on that one? SUPERVISOR HORTON: We will do so, absolutely. So make the motion again to set for February 3, if that is the request. JUSTICE EVAN: I make a motion that we amend this resolution to change the date of the hearing to February 3, 2004. COUNCILMAN WICKHAM: I second that with the understanding that the text and the content remain the same. SUPERVISOR HORTON: Understood and that will be for, I believe 5:00. That has been seconded and we will have a roll call vote. JUSTICE EVANS: I would like to say that I am not really for these changes in the Ethics Code but I do believe that the public should have a chance to put their input in so, I will vote yes for the public hearing and to change it to that date. SUPERVISOR HORTON: And I will say to, you have to work with the Town Board and see that this is set to a public hearing with good points made, I will vote in favor of that resolution. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. No: Councilman Edwards. MELANIE NORDEN: Could you please read those, or summarize the changes? COUNCILMAN EDWARDS: I will read the change in the language, sure. The changes, which are underlined which would be the change in the text are "No relative (.as defined in § 10-2) of a sitting Town Board member shall represent any other person in any matter that said person has before the Town nor represent any other person in any matter against the interest of the Town." In another paragraph, "A town officer or employee or any relative (`as defined in § 10-2) of a Town Board member shall not appear before or exert influence over any board or department of the town, except on his or her own behalf or on behalf of the town." There is a new paragraph, "No elected official or member of the Town Board, Planning Board, Zoning Board of Appeals, Board of Ethics, Board of Assessment Review or the Town Attorney shall be a committeeman or committeewoman, alternate committeeperson, or the officer of a political party." And finally, a sentence has been changed in the so-called revolving door paragraph, that says-this part is not changed, "a town officer or employee shall not appear or practice before the town as to particular matters on which the town officer or January 6, 2004 Southold Town Board 28 employee personally worked while in town service, unless acting in response to a request by the appropriate official for the sole purpose of providing information. A town officer or employee shall not appear or practice before the board or department in which he or she previously served, except on his or her own behalf, for a period of (and this has been changed from one to two years) onexct-) two (2) years after the termination of his or her municipal service or employment." And an additional sentence has been added to the effect, "Nothing herein shall prohibit the Town itself from retaining the services of a former Town officer or employee or a firm or corporation in which such former Town officer or employee currently is employed." MS. NORDEN: As a point of clarification, is relative defined? SUPERVISOR HORTON: Yes, it is clearly defined in the code. COUNCILMAN EDWARDS: Yeah, it is. It is basically close relatives. SUPERVISOR HORTON: It is clearly defined, that was a discussion we had at the work session this morning. COUNCILMAN WICKHAM: But we should explain how it is defined. SUPERVISOR HORTON: Well, we can do so. The question was, 'is it clearly defined?' And it is and the Town Attorney, if you have got the, if you could read the code. TOWN ATTORNEY FINNEGAN: Sure, ! have that. A relative is defined as a spouse, domestic partner, child, step-child, brother, sister or parent of the Town officer or employee, or a person claimed as a dependent on the Town officer or employee latest individual State tax return. SUPERVISOR HORTON: Thank you. We had the, going back to resolution #27, Justice Evans notes the correction that we have to make, ! think that we need to rescind #27 as we read it, which has to do with SEQRA resolution and it should say the Estate of Manzi. JUSTICE EVANS: ! think that the resolution was copied without changing the name of the property, so it should read "The Town Board determines that the purchase of development rights, agricultural property of the Manzi Trust, which is Robert Arnone and others, and SCTM#1000-83-2-9.1, is an unlisted action pursuant to SEQRA and there will be no significant negative impact on the environment." So moved. COUNCILMAN WICKHAM: Second. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: ! will make a motion to rescind #27. JUSTICE EVANS: Second. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. COUNCILMAN EDWARDS: Supervisor, we still haven't voted, technically, have we, on the... SUPERVISOR HORTON: Yes, we have voted. So moving on to #34. #34 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends the Solid Waste Management District disposal fees as follows: Municipal Solid Waste (by weight) $11 O/ton Brush $ 60/ton January 6, 2004 Southold Town Board 29 Leaves $10/ton Refrigerant Items $ 20/unit Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #35 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town of Southold, New York is the owner in fee of the following described premises with the buildings and improvements thereon: the property located at 52875 Main Road, Southold, designated as Tax Map# 1000-61-1-5, also known as "Whitaker House"; and WHEREAS, said premises have been and remain vacant and are not necessary for any town use or purpose; and WHEREAS, said premises has been declared by the Town Board to be "surplus"; NOW, THEREFORE, BE IT RESOLVED, that, subject to permissive referendum~ said premises will be offered for public sale for an amount to be determined, but not less than the Appraised Value; and be it FURTHER RESOLVED that said premises will be offered for sale subject to a "Declaration of Covenants and Restrictions" designed to preserve the unique and historically important nature of the property and the architectural character of the building; and be it FURTHER RESOLVED that Joshua Y. Horton, as Supervisor of the Town, is hereby authorized to execute all documents that may be required to advertise and/or list the property for sale; and be it FURTHER RESOLVED that Joshua Y. Horton, as Supervisor of the Town, is hereby authorized to execute any and all documents that may be required to effectuate the sale and transfer of all right, title and interest of the Town in said property; and be it FURTHER RESOLVED that the Town Board of the Town of $outhold authorizes and directs Town Clerk Elizabeth Neville to advertise the aforementioned in accordance with Town Law {}90 relating to resolutions adopted subject to a permissive referendum. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #36 Moved by Councilman Wickham, seconded by Councilman Ross, WHEREAS, the Director of Code Enforcement inspected the property owned by Charles and Mary Carter and located at 495 Linnet Street, Greenport, Town of $outhold and prepared a written report of his findings in the form of a Notice dated November 17, 2003; and WHEREAS, the Notice indicates that the structures on the property are unsafe and dangerous, and constitute a hazard to safety; and WHEREAS said Notice was sent Certified Mail and signed for by the authorized agent of the owner according to the assessment roll of the Town; and WHEREAS the Notice advised the owner that the make the premises safe, and if the owner fails to comply, a hearing would be held before the Southold Town Board on January 6, 2004 at 9:00 a.m.; and WHEREAS the owner failed to contact the Town, failed to make any efforts to make the premises safe, and failed to appear at the hearing on January 6, 2004; and January 6, 2004 Southold Town Board 30 WHEREAS the Town Board heard testimony of Edward Forrester, Director of Code Enforcement, at the hearing on January 6, 2004 and viewed photographs of the premises; and be it therefore RESOLVED that the Town Board of the Town of Southold hereby declares that the structures located on the property of 495 Linnet Street, Greenport, are Unsafe Buildings pursuant to Chapter 90 of the Southold Town Code, and directs that service of this Notice be made on the owner of the premises in accordance with Chapter 90. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Wickham, SUPERVISOR HORTON: And the rest, we cannot vote on until the hearings have been held. So, leaving off at #37, we will move to our public hearings. Moved by Justice Evans, seconded by Supervisor Horton, it was RESOLVED that the Town Board meeting be and hereby is recessed in order to hold five (5) public hearings on the matters of (1) HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF MANZI TRUST, ROBERT ARNONE & OTHERS AS TRUSTEES, SCTM#1000-83-2-9.1; (2) HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF NYS FEDERATION OF GROWERS & PROCESSORS ASSOCIATION (A/K/A GRACE'S PLACE), SCTM#1000-74-4-4.9; (3) HEARING ON "A LOCAL LAW IN RELATION TO A SIXTY (60) DAY EXTENSION OF THE TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON CERTAIN APPLICATIONS (NEW OR PENDING) MADE TO THE BOARD OF TRUSTEES PURSUANT TO CHAPTER 97 WETLANDS CODE OF THE TOWN OF SOUTHOLD"; (4) HEARING ON "A LOCAL LAW IN RELATION TO ADDING A STOP SIGN ON ATHOL CRESCENT AT THE SOUTHWEST CORNER OF THE INTERSECTION OF EQUESTRIAN AND ORIENTAL AVENUE ON FISHERS ISLAND" AND (5) HEARING ON "A LOCAL LAW IN RELATION TO A ONE HUNDRED EIGHTY (180) DAY EXTENSION OF THE 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." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Wickham, Meeting resumed at #37 Moved by Justice Evans, seconded by Councilman Wickham, 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 Manzi Trust, Robert Arnone & Others as Trustees on the 6th day of January 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and January 6, 2004 Southold Town Board 31 WHEREAS, said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road, and is located on the north side of Oregon Road, approximately 1,096 feet east of the intersection of Bridge Lane and Oregon Road, in Cutchogue; and WHEREAS, the development rights easement comprises approximately 17 acres of the 25 acre farm. The exact area of the development rights easement is subject to the survey; 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 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 purchase price is $24,500 (twenty-four thousand five hundred dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of $outhold purchase the development rights on these agricultural lands; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by Manzi Trust~ Robert Arnone & Others as Trustees~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road, and is located on the north side of Oregon Road, approximately 1,096 feet east of the intersection of Bridge Lane and Oregon Road, in Cutchogue. The development rights easement comprises approximately 17 acres of the 25 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. SUPERVISOR HORTON: I wanted to say thank you to, I don't know if Justice Evans, you caught that #27 or if it was our Town Attorney. JUSTICE EVANS: No. Melissa. SUPERVISOR HORTON: Melissa. Whoever caught that, that was a crucial catch so, thank you. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #38 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town Board of the Town of $outhold held a public hearing on the question of the purchase of development rights on the property owned by the NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place) on the 6th day of January 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and 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 #1000-74-4-4.9 and 31800 CR 48, and is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic; and WHEREAS, the development rights easement comprises the entire, approximately 4.6 acre parcel, and the exact area of the development rights easement is subject to survey; 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 January 6, 2004 Southold Town Board 32 WHEREAS, the property is adjacent to 12.25 acres of farmland on which the Town owns a development rights easement; 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 purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant; 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; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development ri;~hts easement on the entire~ approximately 4.6 acre parcel of a;~ricultural lands owned by the NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place), pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48, and is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant. The Town may be eligible for an additional grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #39 Moved by Councilman Edwards, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold on the 16th day of December, 2003, a Local Law entitled, "A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold"; and WHEREAS that the Town Board of the Town of Southold held a public hearing at which time all interested persons were heard, now therefor be it The proposed local law entitled, "A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold" reads as follows: RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 1 2004 A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent January 6, 2004 Southold Town Board 33 A one year moratorium on the processing, review of, and making decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold was enacted by the Town Board on January 7, 2003. The moratorium is set to expire on January 13, 2004. The moratorium was enacted to allow the Town Board of Trustees sufficient time to comprehensively review the inappropriate development of certain waterfront land, and the effects on the Town waters and habitats. Further, the time was intended to allow the Board of Trustees time to review the comprehensive planning objectives of the Town of Southold, the growth and development of the Town, the Local Waterfront Revitalization Program (LWRP), the Peconic Estuary Comprehensive Management Plan, as well as time to evaluate the effects, both singularly and cumulatively, of these tools and actions in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The moratorium has given the Town and the Board of Trustees time to consider and implement the LWRP and the best land use techniques for protecting its waterfront resources. The Town Board determined that the moratorium was necessary to address the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses the ability to impair the Town's unique environment, geology and hydrology. The moratorium has been necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. The Board of Trustees met on a regular basis during the year 2003, along with an environmental consultant retained by the Town, and representatives from the Town Planning and Town Attorney's office to review the above mentioned issues, along with the tools available for achieving the goals set by the Trustees. The group prepared a draft of a new Chapter 97, which implemented many of the Board of Trustees' existing policies and procedures, and incorporated the LWRP and the Town's planning and land use techniques and tools. The Board held a public hearing on the draft on July 16, 2003 to solicit public input. Further, the Board and aforementioned environmental consultant met with local marine contractors and environmental consultants, and consulted with the New York Department of State. Additionally, a draft of a new section of Chapter 32 regarding Docks was prepared. The group reviewed and incorporated the input and comments, both written and oral, received following the hearing and meetings. The group prepared an updated draft of the Chapter 97 and Chapter 32, which were presented to the Town Board on November 18, 2003. The Town Board held public hearings on these code changes on December 2, 2003, which was attended by many community members. The public at the hearing requested the opportunity for further review and opportunity to comment prior to the enactment of the changes. The hearings were closed, and the public comment period held open until December 12, 2003. Many comments, both written and oral, have been received, and the Board of Trustees will review each comment with the consultants and make amendments as necessary. A final draft of the Code changes will be presented to the Town Board and an additional public hearing will take place before they are enacted as law. As a result, the Board of Trustees has requested to extend the moratorium for an additional sixty (60) days to allow time to incorporate the public comments and issues raised at the public hearings into the final laws, and conduct additional public hearings. January 6, 2004 Southold Town Board 34 Section 2: Enactment of a Temporary Moratorium For a period of sixty (60) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board within the sixty (60) day period: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential or commercial structure/building on vacant land; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) Section 3: APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 permit from the Board of Trustees of the Town of Southold for any new a residential or commercial structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) Section 4: EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish; 2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and wildlife; 3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture; 4) the ordinary and usual maintenance or repair of a presently existing permitted building, dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or structure; 5) the construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the existing bulkhead; 6) repair or renovation to existing residential or commercial building or structures; 7) accessory structures above the high tide line; 8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction. Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority; In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of Trustees act upon, hold hearings on, and make decisions concerning applications. January 6, 2004 Southold Town Board 35 Section 6: APPEALS PROCEDURE 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 the extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial structure or building. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation, including a certified engineers report. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 7: 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 thereof other than the part so decided to be unconstitutional or invalid. Section 8: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O Moved by Councilman Ross, seconded by Justice Evans, WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2003 a Local Law entitled "A Local Law in Relation to Adding a Stop sign on Athol Crescent at the southwest corner of the intersection of Equestrian and Oriental Avenue on Fishers Island" and WHEREAS the Town Board of the Town of Southold held a public hearing at which time all interested persons were heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 2 2004 A Local Law in Relation to Adding a Stop sign on Athol Crescent at the southwest corner of the intersection of Equestrian and Oriental Avenue on Fishers Island Be it enacted by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to improve safety at an intersection, by requiring traffic to stop before proceeding through the intersection. II. Chapter 92, Section 92-30 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Stop Sign on Direction At Inter- Hamlet Of Travel section with Athol Drive Southwest Equestrian & Oriental Avenues Fishers Island January 6, 2004 Southold Town Board 36 III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #41 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2003, a Local Law entitled, "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processin~ Review of~ and makin~ Decisions on applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containin~ Dwellin~ Unit(s) in the Town of Southold"~ and WHEREAS the Town Board of the Town of Southold held a public hearing at which time all interested persons were heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 3 2004 A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the 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 Unity(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. To date this moratorium has been extended three times, first by six months and twice by 90 days. The current moratorium is set to expire in early February, 2003. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation systems. The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator, as well as two planning consultants and two legal consultants. The team was directed to review Town planning goals, past planning studies, and studies that assist the Town Board in achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement (GELS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard look" at the implications and potential impacts of the comprehensive January 6, 2004 Southold Town Board 37 implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a rational and logical implementation strategy to evolve from an organized process. The Town Board authorized the moratorium planning team to proceed with the task and schedule provided to the Town Board on October 8, 2002. The moratorium planning team met on a weekly or as-needed basis to advance the tasks and schedule as authorized by the Town Board. The team completed a number of important tasks, including: · review of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staff to document Town characteristics; · review of technical information and facts to be used in completing the GElS and planning initiative review; · initial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interviews with Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's website for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quality Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GELS; and · three public hearings on the Draft GELS. The Town Board recognized the need to comply with SEQRA, and understands the value of this process. The action was of Town-wide significance and was considered to be a Type I action which is more likely to require an environmental impact statement. As a result, the Town Board adopted a number of documents in conformance with SEQRA, including the following important steps: · classification of the action as a Type I action; · designation of the Town Board as lead agency; · preparation of an environmental assessment form; · issuance of a Positive Declaration; · receipt of a Draft Scope of the Draft GElS and setting of the public hearing; · acceptance of a Draft GELS; and · three public hearings on the Draft GELS. Prior to the second extension of the moratorium the Town Board adopted a final scope, completed and accepted the Draft GELS, scheduled and held public hearings on the Draft GElS on three separate dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GElS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three public hearings and kept the hearing process open until July 15th in order to facilitate greater public review and comment. Following the second extension of the moratorium: January 6, 2004 Southold Town Board 38 - a draft Final GEIS was submitted to the Town on August 29, 2003. The Town Board met to discuss this draft on September 4 and September 9, 2003. The text of the draft Final GElS was revised to reflect the Town Board input. A Final GElS and a Notice of Completion of the Final GElS was issued by the Town Board on September 9, 2003. The public review period on the FGEIS was expanded beyond the minimum 10 days required to the close of business on September 22, 2003. A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of September 23, 2003. Since the adoption of the Findings Statement the Town Board has held a special Town Board meeting on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant issues and possible courses of action. The Town Board voted to extend this moratorium by ninety (90) days on October 21, 2003 effective upon filing with the Department of State. The Local Law extending the moratorium by ninety (90) days was filed on November 17, 2003. The current moratorium is set to expire on February 14, 2004. Since the adoption of the last moratorium extension new Town Board members have been elected. These Town Board members take office on January 1, 2004. Time is needed for these Town Board members to be brought up to speed on the extensive planning and SEQRA work which has taken place to date. Active planning has been and continues to take place. Work is proceeding. The issues facing the Town of $outhold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon. Meanwhile the Town continues to face significant development pressure. It is critical that the issues be grappled with in a comprehensive manner, crucial legislative decisions made and those decisions implemented. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation to implement the Town's comprehensive planning additional time is needed beyond the expiration of the ninety (90) day moratorium extension which expires on February 14, 2004. This local law is intended to extend the moratorium for an additional one hundred eighty (180) days from February 11, 2004. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred and Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to Law adopted by the Town Board during the One Hundred and Eighty (180) Day any other Local period: 1) 2) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in $outhold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the $outhold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all January 6, 2004 Southold Town Board 39 aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the $outhold Town Code where the Planning Board is prohibited from reviewing, processing, holding hearings on and making decisions on because of the provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106- 13; 3) Lot line applications; 4) new or pending applications for the subdivision of a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the $outhold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of $outhold (pursuant to either chapter 6, 25 or 59 of the $outhold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; 6) new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes of permanent preservation) to either the Town of $outhold (pursuant to either chapter 6, 25 or 59 of the $outhold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or January 6, 2004 Southold Town Board 40 7) 8) 9) Section 5. land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; a site plan application for a two-family dwelling; a site plan application for a bed-and-breakfast; a site plan application for an accessory apartment(s); CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. 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 effect 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. January 6, 2004 Southold Town Board 41 b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of {}Al 06-25 , {} A106-27 and Articles II! and IV of Chapter Al06 of the Southold Town Code. c. All such applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public_hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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 thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on February 11, 2004 after filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: Thank you and thank you for what I would say a fairly smooth Town Board meeting. ! think that as we all get more used to each other and processes, things will go much more smoothly as well. At this point, ! will offer the floor to members of the public that would care to address the Board on town related business. And Mr. Carlin, you are up first. MR. CARLIN: Good evening, ladies and gentlemen of the Board, once again. I want to say, Josh, that I have to tell you that you could not put the missing pieces of the puzzle together on my TV problem that I had a month and a half ago. However, I put them all together myself and being that I am a reasonable man, and sensible man, I am going to put it on the side for now, I went into a store yesterday and I wanted to buy a yellow bag and when the man came to me with the yellow bag, I said how much do I owe you? He said $6. I said what do you mean, $6? It is $2. He said that they only come in packages of three now. Now, what have we got a new gimmick now, we have to buy three bags? When did that start? What was that, one of Bunchuk's ideas? Why can't I go in there and buy a, why can't I just go in there and buy one bag? TOWN CLERK NEVILLE: What store was it, Mr. Carlin? MR. CARL1N: Mattituck, Orlowski's Hardware. SUPERVISOR HORTON: We don't... TOWN CLERK NEVILLE: We will call them and speak to them. MR. CARL1N: Is that a rule or not? SUPERVISOR HORTON: No, it is not our rule. January 6, 2004 Southold Town Board 42 TOWN CLERK NEVILLE: It is not our rule, it is something that they did themselves and they shouldn't do. MR. CARL1N: Can somebody notify these people that they can sell them separately? SUPERVISOR HORTON: We will do so first thing in the morning. MR. CARL1N: ! don't need to buy three bags. MS. EGAN: The IGA does that, too. TOWN CLERK NEVILLE: Really. They should not. You should be able to buy whatever you wish. MR. CARL1N: That is right. And he came in the packet with all three of them together. ! said, ! don't want three, ! want one. Forget it, ! walked out. Get that straightened out, please. SUPERVISOR HORTON: We will. TOWN CLERK NEVILLE: But if you want one, they should sell you one. SUPERVISOR HORTON: We will address that, ! am glad that you brought that to our attention. MR. CARL1N: Here is one, ! didn't think that the Town would do that but anyway, anything is possible. ! am not going to stress on the Animal Shelter tonight because that is another issue again but ! have one question and ! asked this to Councilman Moore when he was on the Board, ! thought that $50,000 that Mr. Raynor donated over 2 lA years ago, where is that money laying now? Is it in escrow, is it in the bank collecting some interest, where is that money? SUPERVISOR HORTON: ! believe that money, first of all it is not managed by the Town, it is managed by an organization but to my knowledge, that money is in an account. MR. CARL1N: And it is collecting interest? COUNCILMAN ROSS: Yes. MR. CARL1N: ! should imagine 2 lA years. Do you know what kind it is in? SUPERVISOR HORTON: No, ! don't have that information. MR. CARL1N: You don't know what account it is in? It was given to the Town. SUPERVISOR HORTON: No, it was given to a trust to hold... MR. CARL1N: A trust to the Town for the Animal Shelter and ! was here that morning when Jean Cochran received the check. January 6, 2004 Southold Town Board 43 COUNCILMAN WICKHAM: Mr. Cushman, the Town Comptroller, is managing it and can give you all of the details of exactly that account. MR. CARLIN: Because all I am interested in, where is that and let it be collecting some money. COUNCILMAN WICKHAM: It is collecting interest. MR. CARL1N: Laying there for 2 lA years, $250,000, to me that is a few extra pennies towards the shelter. Now, the last Board meeting, you voted to re-open the Laurel School, did you people, disregarding you two gentlemen, you wasn't on that watch; did you people study that Laurel School's history? Did you know the background of that school, do you know it was closed down almost in 1997, it was merged with Mattituck, did you know it is almost 85 years old, do you know it has no sprinkler system in it, do you know that some of the windows are painted closed? And you go and you vote to re-open it but that is not what my question is. My question is, is that going to affect any of our tax money in Laurel? That is my question. Are we going to be spending out of our pocket just one penny to support that school that opened for the Early Learning Center? SUPERVISOR HORTON: Mr. Carlin, the Town Board did not vote to open the school, we do not have that authority. What we voted on was to commit Community Development funds to assist, to grant those funds to the Early Learning Center for renovations to that building so that they can better house their operation there of child daycare, which ! think is of the utmost importance in this town. So the Early Learning Center would have an agreement with the Mattituck School district for the use of that building, not the Town. MR. CARLIN: They received $135,000-$145,000 from the Development Block grant program. SUPERVISOR HORTON: Community Development Block Grant, that is correct. MR. CARL1N: But you also, though, voted.., no, you didn't vote, you said in the newspaper that you passed a resolution to hire an architect and an engineer to study the remodeling of it, ! guess for the two bathrooms, now who is going to pay for that? SUPERVISOR HORTON: That would be the Early Learning Center as they are making use of the building and renovating it on their own. MR. CARL1N: I understand but all I am concerned about and I will accept what you are telling me, they can open that school, do whatever they want as long as it ain't gonna cost me another penny out of my pocket. And can you guarantee that. SUPERVISOR HORTON: I will not guarantee that. MR. CARL1N: Well, then it is wrong because I will tell you why. We fought for the years to get that school merged with Mattituck because it cost us a lot of money there. That was the highest school tax rate in all of Southold, they merged it with Mattituck, figuring that we would save some money on our taxes and now Mattituck High School has the highest tax rate in all Southold Town. And if they want January 6, 2004 Southold Town Board 44 to go in there, there have been problems with it before we even closed it down, they need a new well, it is going to cost a lot of money to maintain it, with heat and whatever and plumbing, if they are gonna support it, fine but don't take it out of my pocket. ! am going to be paying enough now in taxes and if they go ahead with that $39.7 million renovation in Mattituck, that Taj Mahal they want to add on there, we are going to be spending another $400 or $500 out of our pocket that we don't need it. and ! suggest another thing, if they are going to spend $12 million to add on to a 23 room addition, then put them children in a decent place where they can go, they can give up two or three rooms there instead of putting them in a school that is 85 years old. And another thing, did you have that inspected yet for safety yet before they are going to move in there? Has the Town Board been in there for safety, fire safety and safety reasons? SUPERVISOR HORTON: Whatever renovations they would do to that building, they would have to do according to code. MR. CARL1N: I am not talking about the code. I am talking about, if you was to go into that school right now, is it been cleared for safety, fire safety, like they have to do every year? SUPERVISOR HORTON: Mr. Carlin, they will have to go through the permitting process that will enable them to use that building, as per the Southold Town code, through the Building Department. MR. CARL1N: You can't guarantee me that we are not going to be spending more money out of our pocket? SUPERVISOR HORTON: Southold Town does not own that building. MR. CARL1N: Well then the Town is not going to be spending any money out of the town budget, right? SUPERVISOR HORTON: That is correct. MR. CARL1N: Because once you spend it out of the town budget, it is coming out of the taxpayer money. And we are paying enough now, we are going to be paying enough with that $39 million project. SUPERVISOR HORTON: As ! said earlier, we allocated monies from the Community Development Block Grant to assist the Early Learning Center in renovating the building for much needed daycare in this town. MR. CARL1N: Now, the last two years you had more public hearings in this town in two years then ! have seen any two years ! have been in this town for 50 years. But anyway, ! am not going to get too far into that. But the last one really surprised me when you had one on the Hess station. You had one public meeting, darn garn it if you don't decide right away to knock it down. That is amazing, you had one public meeting and decide on it right away. When you been through public meetings, like example, the Church Lane people and take six, seven months before you can make a decision. ! was quite surprised at how you can take one public meeting and make a decision on it. Really great. And as far as zoning goes, ! think ! am going to agree with George Penny here, my friend, ! know ! like January 6, 2004 Southold Town Board 45 him, I don't know about him liking me but because he has been on the Board. One story about George Penny when he was on the Board, Marilyn Goldstein back in 1992 did a write up on me in the Newsday and George was on the Board and she went to George for some information about me, what George said about me was 'we never know what he is going to say when he comes to a Board meeting, he always catches us by surprise' and I believe he will remember that. But anyway, you are going to have all the meetings that you want on upzoning, downzoning, wetlands or whatever, but until and the Board must, develop a master plan that will satisfy people and the business people not the developers. Until you can do that, you are just spinning your wheels. Keep that in mind. There are three things, I am going to finish pretty soon, there are three things that I think is on the agenda right off the bat in this Town in 2004, one-Affordable housing, that must be looked into and addressed and I don't mean a year down the line, I mean as soon as you can. It has been put off too long. And I give you an example. Riverhead is already starting to build some units, Greenport is already finishing up some units pretty soon and there will be going up for sale in a lotto. And we are still outside the fence looking in. Also, last but not least, the Animal Shelter but I am not going to discuss that tonight, there are a lot of things about that but I didn't include that in my agenda tonight but anyway you can't guarantee me that we are not going to be paying more money for that Laurel School again out of our pocket. Why can't you do that? If they are going to be responsible for it... SUPERVISOR HORTON: Mr. Carlin, I will tell you one last time, we don't own that building. That is why ! cannot guarantee that. Southold Town does not own that building. MR. CARL1N: Well, if Southold Town don't own that building... SUPERVISOR HORTON: I can't bind the Mattituck School Board or District one way or the other. MR. CARL1N: Well then, who is responsible for it then? SUPERVISOR HORTON: The Mattituck School Board, I believe, if I am not mistaken the Laurel building would be under the jurisdiction of the Mattituck School Board. MR. CARLIN: So where do we go now? The Mattituck School Board, that is under their control, right? So now they are going to be starting to spend money on that now and adding it to their budget. So now we are going to be adding more to our budget. When are they going to stop there? SUPERVISOR HORTON: I cannot answer that question for you. MR. CARLIN: I know you can't. I am just saying over this microphone that it gets transmitted through the space that people realize what ! am trying to say. That it is a never-ending thing here. ! figured it was going to be them. You know what bothered me is, that school was vacant and it was putting a hole in somebody's pocket that they had to use it for something and now they find out they want to use it, like ! say again, they are going to spend $12 million for a 23 room extension, give up a couple of them rooms, ! think they can afford it and put these children in there instead of putting them, being that they are controlling it, bring it to the new school. SUPERVISOR HORTON: These are all ideas that you should give to the Mattituck School Board. January 6, 2004 Southold Town Board 46 MR. CARL1N: I don't go to school Board meetings, you know why? I will tell you the truth right now, I don't go to them, I used to go to them in Laurel. Because they have got answers for everything. They sit there with their books and everything I ask them, they got an answer for. So I got better things to do than waste my time. At least when I come to the Town Board, you people have got some kind of answers to give me. (inaudible) and he rolled the stuff off, I have been to the meetings already. SUPERVISOR HORTON: Okay, Mr. Carlin. I appreciate it, I appreciate you coming. MR. CARLIN: Okay. SUPERVISOR HORTON: Certainly. MR. CARL1N: But I want to stress once again, that I found the pieces of the missing puzzle for the TV problem I had. SUPERVISOR HORTON: Right. MR. CARL1N: But keep this in mind. Right now, we have it on hold. Figure that one out. SUPERVISOR HORTON: Okay, thank you. Will do. Would anyone else care to address the Board on town related business? Yes, Mr. Wagner. DON WAGNER: Good evening, I am Don Wagner, Route 48, Southold. To start out, I wish you all a very happy new year and let's hope we have some successful agendas here. Route 48, the last couple of months, has been a pleasure to drive on, you may recall last summer one Sunday, I went to make a left turn out of my driveway and it took five minutes before I could get clearance there. Due to two prime things, number one, the people driving to Orient Point for the ferry to Connecticut and also the people who are jammed up on traffic on the road to Southampton, coming all the way on the north shore and going through Shelter Island, which to me sounds horrendous but anyway, this may very well happen again this year unless something else is done. And I also heard just recently, that in the end of June, there is going to be a big golf tournament on the National Golf Course in Southampton and don't you think that that is going to affect us, because it will. It will affect our transportation on Route 48 and also Route 25. All the way from Laurel to Orient Point. We should do something to help ourselves. We know now that the Brookhaven Town are not in favor of running a ferry out of Shoreham over to Connecticut. That would relieve some of our pressure here. We also know that the Town of East Hampton is unwilling to have a ferry to Connecticut from either Montauk or from Napeague State Park there in Amagansett. So what else can we do? I have four possibilities here and they may sound a little strange but, by golly, we have got to do something or else this coming summer is going to be a disaster traveling here in Southold. #1, work with the Town of Riverhead and see if we can't get a ferry to Connecticut from Northville. That is one possibility. #2, work again with the Town of Riverhead and isn't there someway that they can run a ferry from the Peconic River in Riverhead over to Southampton, either North Sea Road or in the Sag Harbor area, if not Southampton proper. That is another way to relieve the pressure on our roads here. A third possibility is to get together with the Town of Shelter Island and ask them to, if they don't already have it, put local residence stickers on their cars and then for non-residents, raise the ferry price, so that the people that January 6, 2004 Southold Town Board 47 are coming around here, they would come both ways, people trying to come out to the Hamptons and they don't want to go on the Sunrise Highway jam up, they come that way and also the people from the Hamptons that want to go to Connecticut, right now they come up the same ferry route in reverse to Orient Point to get the ferry over to Connecticut. So, this would be another sound possibility to discourage these people from doing all of this because right now our roads are taking a licking here. The fourth item which I recommend, if the other three don't work, reduce the speed limits, particularly on Route 48 and enforce it. We could easily afford two extra police to write tickets and believe me, they would be able to write tickets if we reduce the speed limit to say 35 mph. And boy, they could make out like a bandit. So, anyway, I urge you all to do something, do something so that come May 31, Memorial Day, which is only a few months away, so that we don't get jammed up worse than we were last year. Thank you. SUPERVISOR HORTON: Thank you, Mr. Wagner. Mr. Marschean, you had your hand up. DICK MARSCHEAN: I would like to comment a little on what Mr. Carlin mentioned on the bag situation in the town. What he says is true and I think some of the people in the audience even talked about it, is that the people that service the bags to the local establishments are delivering them in bulk and then some of the people are not breaking them down for sale, so I think you, as members of the Board here should get the word out to whoever is supplying the bags and the people who are receiving them that they had better get their act together so that the people here don't feel that they have to buy bulk purchases when they don't have to, they want to buy just a large bag, they don't have to buy three medium size bags and so forth. The other thing on bags, there was an article in one of the newspapers back about two months ago, with respect to leaf bags being environmentally sensitive, that they weren't going to be put on the agenda for this year, are these bags going to be bags that we have to purchase? There was no talk about that in the article at all. SUPERVISOR HORTON: I think that the proposal, I don't think that that proposal is fully formulated by Mr. Bunchuk and we will be looking forward to what his thoughts are on that. MR. MARSCHEAN: Yeah, well they said that they were going to be available for leaves for the next season which is next year, this year actually. SUPERVISOR HORTON: Exactly. That would have to be fleshed out. The details of it are not yet. MR. MARSCHEAN: Yeah, but are we going to have to pay for them, though? SUPERVISOR HORTON: My point is that the details of that are not fleshed out yet. MR. MARSCHEAN: Who decided the price for the yellow bags? The Town? SUPERVISOR HORTON: That is correct, the Town did. MR. MARSCHEAN: Alright, so the thing is, if we have to purchase the leaf bags, this is going to be another tax that we incur, right? SUPERVISOR HORTON: Yes, if that was the case, for the free pickup. Exactly. January 6, 2004 Southold Town Board 48 MR. MARSCHEAN: So we will have to pay leaf bag prices? We have to pay for the yellow bags for garbage, you know, the thing is that when the states of Virginia and Pennsylvania no longer take our garbage, what are we going to do then? SUPERVISOR HORTON: I think that our entire nation has major, big issues in regard to waste streams. I am looking out in the future, whether it is five years down the road or twenty-five years down the road and having worked myself on a tugboat that moved hundreds of thousands of tons of garbage a day within New York Harbor, I can certainly attest to the waste stream. MR. MARSCHEAN: Well, we ought to start thinking about maybe possibly having a waste heat recovery center, like we have in Riverhead. And maybe your two members of your Town Board can start doing some economic analyses of this with respect to as to what the tradeoff would be for when the tipping fee goes up or the tipping fee becomes non-existent for us to ship our garbage to Pennsylvania or Virginia. SUPERVISOR HORTON: I believe that Brookhaven's facility is along those lines. If I am not mistaken. MR. MARSCHEAN: Because this is power that we can generate and sell to LIPA. ! almost said LILCO. But this is something that is an alternative here because let's face it, this tax is a very discriminatory tax when you think about it, that the only people that pay the tax are the people who live here all year round. The summer people here do not pay it, the tax for the garbage because they are not here, right? SUPERVISOR HORTON: That is correct, they are not using the facility. MR. MARSCHEAN: So it is not an equitable tax like it is in most jurisdictions where the tax for waste removal is in your tax base and you pay for it just like a regular tax, just like you pay for your school tax. So, if you live here all year round or if you don't live here all year round, you pay taxes, right? SUPERVISOR HORTON: You are buying bags, yes. MR. MARSCHEAN: And if you are not here all year round, you do not pay a garbage tax because you are not here. SUPERVISOR HORTON: Right, you are not buying bags. MR. MARSCHEAN: You are not buying bags. So this is a discriminatory tax, so what I am saying is this is one of the few towns, ! can't think of another town that has this type of situation. COUNCILMAN WICKHAM: But when we put the policies in place, some years ago, the idea was to finance the movement of garbage out of here by two sources, one is by purchasing the bags or paying on a per pound basis, the other is through taxes and the idea of the per pound basis was that it would be a dis-incentive for people that just generate lots and lots of garbage and have it all be paid for by taxes. January 6, 2004 Southold Town Board 49 The idea is the people that generate the most of it would have to pay to get rid of it but by the same token, a lot of the basic infrastructure, that would be paid for by taxes. So it seemed to me a fair combination of ways to finance the total... MR. MARSCHEAN: The people who live here all year round are picking up most of the tab. COUNCILMAN WICKHAM: It is not a question of whether you live here all year round or not, it is a question of whether you are generating garbage. MR. MARSCHEAN: That is right. COUNCILMAN WICKHAM: And those people that are generating garbage are paying more than those people who aren't because they have to somehow pay for either the bag or the tipping. MR. MARSCHEAN: Tom, let's take the school tax as a good example. Whether you live here all year round or you don't live here all year round, you pay school taxes, yes? COUNCILMAN WICKHAM: Yes. MR. MARSCHEAN: Alright, so people who don't live here all year round, they pay school taxes so the same thing should be for the garbage. And that would be the way it should be done. Right now, the people who live here all year round are being discriminated against. ! think it is a discriminatory tax and we are the only town that has something like this. ! think you guys ought to think about it. SUPERVISOR HORTON: ! believe East Hampton has this, as well. And Southampton. MR. MARSCHEAN: ! don't know if anybody else, every time ! mention ! have to buy yellow bags, get laughed at. SUPERVISOR HORTON: They may have a different color. MR. MARSCHEAN: On this declaration, with comments and restrictions that I got, Counselor, the way this thing is written here that the guy that buys this property, it is not stated in black and white, can tear it down, without approval of the town. And the covenant here talks about all of the restrictions and how you can build it and how you can fix it up and everything else and you (inaudible) burns to the ground then the purchaser does not have to comply with town regulations, if somebody comes in the middle of the night and burns it to the ground but there is nothing in this covenant that says, that he comes on this property and just completely demolishes like they did Mr. Hartraft's house a few years ago and everybody got up in arms about that, so maybe this is the Hartraft resolution that was just revised without that covenant piece in it, so ! just mention this to you. Also, exhibits A & B, Mr. Wickham, ! would like to have a copy of them before ! leave tonight. Thank you. SUPERVISOR HORTON: Thank you, Mr. Marschean. JOHN KENDALL: John Kendall, Goose Creek Lane. I was just going to say that I assume that if we are required to bag our leaves in the coming season, that we would also have the option to utilize the January 6, 2004 Southold Town Board 50 dump and our vehicles to take our leaves en masse to the dump without bags? In other words, would bags be the only way .... SUPERVISOR HORTON: That actually already exists for a period of time concurrent with the spring and fall cleanup that the Highway Department provides, ! believe there is also a period of time with those two windows that residents can bring their leaves and brush to the facility. MR. KENDALL: And you must empty the bags. SUPERVISOR HORTON: Yeah, right. And you have to de-bag it. MR. KENDALL: Okay, fine, thank you. SUPERVISOR HORTON: Thank you. Ms. Tole. MS. TOLE: Cathy Tole, Greenport. Concerning the yellow bags, ! don't like the system and ! agree that it is unfair. The burden of running government and its facilities is normally shared in this country by all of its citizens, and ! agree that it is not under this system. And not only that, but examine it from a socio-economic viewpoint and probably the people who have to spend the most are those with the least expendable income and those that have to spend the least are those with perhaps those with the most expendable income and ! am speaking of the people who either part-time seasonal or weekend perhaps have the most expendable income and the people with young families having the least expendable income. And my guess is that those with young families are spending a lot more, ! consider the yellow bags a tax, so ! will just be a little loose with terminology and call it a tax, those who can least afford the additional tax are spending more to support this service that is made available to everyone on an equal or should be made available to everyone on an equal basis. Yeah, ! am willing to spend a little more of my tax dollar to make it easier and fairer for all of those to use the facilities. And ! would like the Town to reconsider the yellow bag whole concept. ! don't think it is discouraging putting things into the waste stream, ! think it is encouraging things going on the side of the roads, ! think it is encouraging people to improperly use the dumpsters of our local business people, there can't be anybody who is out here all the time who doesn't see people pulling up in a variety of cars, usually they are weekend people, taking their white bags and black bags of garbage and throwing them into the local business people's dumpsters. It is not appropriate, it is not right but it is done. And it may be. So, keeping the many things in mind, ! would like the Board to consider reexamining how we dispose of our waste out here and certainly reexamining the fairness of the yellow bag system. Thanks. SUPERVISOR HORTON: Thank you, Ms. Tole. Ms. Egan. MS. EGAN: Well, speaking this gentleman who brought up about 48, I don't know whether you picked up on the television that the Shinnecocks will be in business gambling by next year and the projection is 9 million people between Memorial Day and Labor Day. So, I had also brought up here at town meetings the fact, the 35mph would never happen because that would just keep them longer here but the thing of it is, we need those motorcycles and I know that raises the insurance for our police officers but I have suggested since the reign of queen bee Jean, that we have motorcycles on the North Road, 48, 25 whatever you want to call it and get these people. They will be widening the roads down there, they will be condemning property, you are going to have it, you might as well do January 6, 2004 Southold Town Board 51 something about it, so there is another one for you for the Police Department, darling. Alrighty, now, I believe I did not stay until the end of the last Town Hall meeting in December because I was so thoroughly disgusted with you passing of the resolution for the Partnership registry, you done us in on that and that was wrong. It should have been given to us before the election, you knew about it for six months. You cut a deal. That was wrong, what Mr. Richter said in regard to me, was, with my not being here but other people did defend me. When he said 'he will miss Mrs. Egan' Well, let me tell you, he won't miss me and I won't miss him but he will be hearing from me and I told him that. Now, also, another law had been passed and I had been requesting through Mr. Yakaboski, who never did anything, I thought it was ridiculous that you gave him back money for to counter his contract, he should be paying us to sit up there and use the computer. SUPERVISOR HORTON: Mrs. Egan, do not defame his character. MS. EGAN: I am not finished. Excuse me, I am not finished. Now, the new law regarding run-off soil, I spoke to Mr. Forrester, I certainly hope that with the new Town Attorney, I believe he the Code Enforcer is under Mrs. Finnegan's thumb. That is what I was told, I may be wrong. I hope you get a new one. New broom sweeps clean. Get a good one. Now, the law in regard which was passed I think in November or early December, about run-off soil in regard to whether it is new construction, new landscaping, an inground sprinkler system, anything that makes soil run-off into the road which can cause a accident or a problem, Mr. Forrester seems to have one opinion on what it means and I am now asking you, Mr. Horton, to ask you Town Attorney to find out the exact meaning of the law. SUPERVISOR HORTON: Will do, Mrs. Egan. MS. EGAN: Oh, I know you will. And you will do it now. I believe you all will be going into the city. When is that, your little trippy, trippy? SUPERVISOR HORTON: Our trippy, trippy is, I believe, in the neighborhood of February 15, 16 and 17, if! am not mistaken. MS. EGAN: And who will be minding the store? SUPERVISOR HORTON: Who will be minding the store? Cathy and Maryann and Melanie. MS. EGAN: No, no. I don't find this funny at all. SUPERVISOR HORTON: There will be people here in Town Hall, Ms. Egan. MS. EGAN: And who will be in charge? SUPERVISOR HORTON: My deputy Supervisor will be. MS. EGAN: And who is that? SUPERVISOR HORTON: Martin Sidor. January 6, 2004 52 Southold Town Board MS. EGAN: I think that he should come to a meeting and be introduced so that we know him face to face. Now, again, Mr. Horton, I gave you a lot of information that you didn't bother to look up yourself and I am sure Ms. Finnegan will look into it better on riparian rights, correct Mr. Horton? You did nothing about that. The letter that was sent to Mr. Yakaboski over two years ago, copies sent to you asking about laws in regard to whether you are, who is responsible for curbing, which laws are regarding which and what have you. He never answered that. He never did anything. Now, you still have that letter in your file, don't you? I have sent you a least two copies. SUPERVISOR HORTON: I am sure that we do, Mrs. Egan. MS. EGAN: Well, I am sure that you do also, I still have my original copy. SUPERVISOR HORTON: Mrs. Egan .... MS. EGAN: Excuse me, I don't understand why you keep interrupting. I am glad that you were never in my classroom, dear. Please see that that letter, that file, he must have left it, he left an awful lot of other junk there... SUPERVISOR HORTON: Mrs. Egan you will not, you will not tear away at people's individual characters. If you want to address the Town Board .... MS. EGAN: I help pay his salary and he did nothing for me, I help pay Mr. Moore's salary and he did nothing for me. I am not tearing away, they tore themselves by not doing their jobs. SUPERVISOR HORTON: Understood. MS. EGAN: I am not finished. Now, in your inaugural address, you mentioned the pool, this is what your commitment was as the Town Supervisor. SUPERVISOR HORTON: Mrs. Egan, if you are going to yell at me, I am not going to interact with you. MS. EGAN: Alright, then I will lower my voice. SUPERVISOR HORTON: We are more than professional, we are more than courteous to you. MS. EGAN: Well, I don't know about that. Now, you promised us a pool. SUPERVISOR HORTON: I said I was committed to a pool. MS. EGAN: You were committed to a pool? SUPERVISOR HORTON: Yes. MS. EGAN: ! hope that you didn't mean a pool table because ! don't think you will ever get a swimming pool here. ! think that it is unfortunate that we don't have a pool and ! realize that it is a January 6, 2004 Southold Town Board 53 very expensive thing, I realize that it is very difficult but it is very important for people who have any kind of arthritic or knee, elbow problem, for exercising. So, I would suggest as I have right along, that some of these monies that are spent on these little trips be re-done for everybody in town, not just the young people. Now, unfortunately, of course, you said, Mr. who be with the road superintendent Harris... SUPERVISOR HORTON: Councilman Ross and Councilman Romanelli. MS. EGAN: Yeah. Well, unfortunately Mr. Harris of course, got demoted at least financially. SUPERVISOR HORTON: He did not get demoted, Mrs. Egan. MS. EGAN: Well, he got $10,000 taken away from him. SUPERVISOR HORTON: Highway Department. MS. EGAN: That's fine. Mrs. Egan, we re-organized the Department of Public Works and the Now, when you talk about for the learning young or the young learning, what is your phrase that you use there, SUPERVISOR HORTON: MS. EGAN: Pardon? SUPERVISOR HORTON: We are referring to the Early Learning Center. I refer to the Early Learning Center. MS. EGAN: What do you mean by the 'Early Learning Center'? SUPERVISOR HORTON: It is an organization, I believe, that provides child daycare. That is their formal name. MS. EGAN: Are you talking about people, like a year... SUPERVISOR HORTON: Mrs. Egan, I am simply referring to the name of that organization. You would have to ask them what, how they derived their name. MS. EGAN: And, no what they mean by it. You don't know what the term means then. You mean like two year olds, three year olds, nursery school, you don't know. SUPERVISOR HORTON: Mrs. Egan, I have enjoyed conversing with you this evening... MS. EGAN: You don't know. No, you don't converse with me. You don't know what you mean when you say 'Early Learning'. It is a phrase. Are they in the telephone book? SUPERVISOR HORTON: I am sure that they are, yes? January 6, 2004 Southold Town Board 54 MS. EGAN: Under 'Young Learning', 'Early Learning'? SUPERVISOR HORTON: I would say that you look under 'N' for North Fork Early Learning Center. MS. EGAN: Good. Now, you are going to do something about trying to change that phrase (inaudible) aging, aren't you? That wouldn't take a very big resolution would it? SUPERVISOR HORTON: Well, it is difficult to change. MS. EGAN: Pardon? SUPERVISOR HORTON: It would be difficult to change as it is not a .... MS. EGAN: Why? SUPERVISOR HORTON: Because it is a program run by the County. You might want to go to the County Legislator. MS. EGAN: No, no, no, no, no. That is what you get paid for. you did something positive by the next Town Board meeting. perhaps. You do it. You do it. Let me hear that Not that I will look into it and soon or SUPERVISOR HORTON: Mr. Carlin. MR. CARL1N: Back to the yellow bags. I understand because I have it in the paper at home, I have copies of the Suffolk Times and the Traveler-Watchman, I save them back 15 years, so anything I want to know, I just go back and look. I think Bunderchuk said in there, he ordered such amounts of those fancy bags you are talking about .... COMMENT FROM AUDIENCE: The environmentally acceptable bags. MR. CARL1N: .... yeah, he ordered so many of them, I forgot how much and he said that they would be handed out but then he stops there. He doesn't continue on when he said, after they were handed out who is going to pay for them. That is what you have to be worrying about. Now, here is another thing, I want these two gentlemen to listen to me very carefully on because I mentioned this to the other Board, I can't see and I think it is unfair for the people who have curbside garbage pickup out there, who have a contract, still have to buy the yellow bags. I don't think that is fair. If you are not using the landfill and you are paying $17 or $18 a month, you shouldn't have to go and spend for a yellow bag to have them come pick up your garbage with a truck. I don't think that is fair. It is not fair to the seniors, who probably can't afford it. Now, if he is going to charge you for these new bags, then you are better off, like if he is going to charge you, I don't know how much he would charge you for, but you, we were better off if we were going out to Home Depot and buying 30 of the black bags for about 1/3 of the price by what you are going to end up paying for some of these bags. COMMENT FROM AUDIENCE: They are not environmentally acceptable. January 6, 2004 Southold Town Board 55 MR. CARL1N: Yeah, well, all of these years all of a sudden but anyway, this is what it is with him. He stops and he didn't continue on who is going to pay for them. But ! still don't think it is fair, a lot of senior citizens to be paying for garbage pickup, $17, $18 a month, whatever it is, ! forgot what it used to be and still having to buy yellow bags when they don't use the landfill, ! don't think it is fair. ! think it should be discontinued for the people who have curbside garbage pickup. Especially the senior citizens. Think about that you two gentlemen, you are new. Think about it because ! mentioned it to the Board and it got nowheres. SUPERVISOR HORTON: Thank you, Mr. Carlin. Thank you very much, thank you for attending. Moved by Supervisor Horton, seconded by Councilman Edwards, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 6:36 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk