HomeMy WebLinkAboutTB-02/03/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
February 3, 2004
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, February 3, 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 John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Good afternoon and welcome to the February 3rd, 4:30 public meeting of
the Southold Town Board, please rise and join with me in the Pledge of Allegiance. ! have reports,
public notices and communications available in the Town Clerk's office, Monday through Friday,
working hours from 8:00 to 4:00, if anybody would care to review them. As well, there are two times
over the course of the meeting that we offer the floor to the public to address the Town Board. The first
being prior to voting on any resolutions, we offer the floor to the public to address the Board on any
specific resolutions, we ask that in addressing the Board 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. As
well, we offer the floor to the public to address the Board on town related issues, town business after
the resolutions have been voted on. As well, over the course of the public hearing, the public again,
will be afforded the opportunity to address the Board on that specific public hearing. Moving forward,
can we get an approval?
February 3, 2004
Southold Town Board-Regular Meeting
2
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $350,345.48; General Fund Part Town bills in the amount of $2,113.65;
Community Development Fund bills in the amount of $3,788.85; Highway Fund Whole Town bills in
the amount of $2,406.68; Highway Fund Part Town bills in the amount of $41,930.28; Capital Projects
Account bills in the amount of $35,838.76; AG Land Development Rights bills in the amount of
$25.28; Open Space Capital Fund bills in the amount of 800.01; Community Preservation Fund (2%
tax) bills in the amount of $11,108.51; New London Terminal Project bills in the amount of $6,285.31;
Employee Health Benefit Plan bills in the amount of $169.00; Fishers Island Ferry District bills in the
amount of $30,021.26; Refuse & Garbage District bills in the amount of $25,106.46; Southold
Wastewater District bills in the amount of $2,594.18; Fishers Island Sewer District bills in the amount
of $201.53; Southold Agency & Trust bills in the amount of $86.87 and Fishers Island Ferry District
Agency & Trust bills in the amount of $86.00.
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 December 16, 2003 Southold Town Board meeting 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 minutes of the January 6, 2004 Southold Town Board Organizational meeting 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 minutes of the January 6, 2004 Southold Town Board meeting 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 meeting of the Southold Town Board be held Tuesday, February
24, 2004 at the Southold Town Hall, Southold, New York at 7:30 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
February 3, 2004
Southold Town Board-Regular Meeting
3
REPORTS 1. Southold's Program for the Disabled- January-March Events 2004
2. Island Group Administration Claim Lag Report - January-December 2003
II. PUBLIC NOTICES
1. Department of the Army, NY District Corps of Engineers, Application of David Schultz to
construct a dock in Long Creek, Mattituck Creek, Long Island Sound, Mattituck. Comments
by February 6, 2004.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: I want to say please forgive us in having the agendas printed up a little bit
late, we had an extremely busy day today and several of the resolutions were in the process as many of
you were coming through the door. So, if you don't have an agenda, they are available at this point in
time in the lobby. Would anyone care to address the Board on a specific resolution that is on the
agenda? Mrs. Egan.
JOAN EGAN: You really should give us a few more minutes to review these. Don't you think?
SUPERVISOR HORTON: Would you care to address the Board on a resolution?
MS. EGAN: Oh, yes, I do. Good afternoon, Mr. Horton. Joan Egan from East Marion. And I really
hope that I can get it finished properly. And all Town Hall members up there. Alright, I didn't have
time to review all of it. #79.
SUPERVISOR HORTON: #79 is ....
MS. EGAN: Court reporters.
SUPERVISOR HORTON: That is correct, a modification to the General budget.
MS. EGAN: Now, we have court reporters here on Fridays also and Tuesday's for other things and
this will be in addition?
SUPERVISOR HORTON: This is actually paying for some of those that you are speaking of.
MS. EGAN: Pardon?
SUPERVISOR HORTON: This is allocating funds for some of those reporters that you are speaking
of.
MS. EGAN: Good. Now on #80. Is this a new appointment, a new person?
SUPERVISOR HORTON: This is a gentleman who has been a member of the Conservation Advisory
Council for some time and is now being appointed as the Chairman.
February 3, 2004 4
Southold Town Board-Regular Meeting
MS. EGAN: And he is a resident of the township of Southold?
SUPERVISOR HORTON: Yes.
MS. EGAN: Now, #81, now who is that for?
SUPERVISOR HORTON: That is establishing the rate of pay for a position.
MS. EGAN: Now, what is that based on? Hours, time, experience?
SUPERVISOR HORTON: And other comparable pay scales for that position in other townships.
MS. EGAN: ! see. Okay. Now, item #82. ! don't remember this name, attorney E. Brownell
Johnston?
SUPERVISOR HORTON: He has been working with the Trustees for over a year now.
MS. EGAN: And he, of course, lives in Southold.
SUPERVISOR HORTON: Yes, Mrs. Egan, he does.
MS. EGAN: So, he will be incorporated now. Is he a full-time employee?
SUPERVISOR HORTON: No, he is not.
MS. EGAN: Even part-timers get medical health?
In this specific and unique circumstance.
SUPERVISOR HORTON:
MS. EGAN: Pardon?
SUPERVISOR HORTON:
In this specific and unique circumstance.
MS. EGAN: ! see. Oh, #84, this is a very, very important one and ! think you should have it. Where
will it be put? The defibrillator?
SUPERVISOR HORTON: ! believe that has yet to be determined. But ! believe, if ! am not mistaken,
it will be incorporated into the Police Departments holdings.
MS. EGAN: It will be Police equipment?
SUPERVISOR HORTON: It is for the Police Department and ! have not made clear here where it will
be and how it will be managed.
MS. EGAN: ! see. And of course, they will be trained on how to use it?
February 3, 2004
Southold Town Board-Regular Meeting
SUPERVISOR HORTON: Yes.
MS. EGAN: Because that is very important that that be used properly. Now, what are we rescinding
on #85?
SUPERVISOR HORTON: Rescinding a resolution that was transferring money for computer software
maintenance into computer system maintenance and that is simply being rescinded because the
resolution had a typo on it, that stated it was for the 2003 budget, when in fact it was for the 2004
budget.
MS. EGAN: Alright, this item # 6 for the Police System maintenance, now ! have addressed this
issue...
SUPERVISOR HORTON: Mrs. Egan, you addressed this issue at the last Board meeting and this
resolution is actually the same as the one being rescinded.
MS. EGAN: Yes. ! asked for further input about better vehicles for our Police Department. ! think it
is a horrible thing to send our Police Departments out with vehicles that have problems and ! asked you
to look into seeing if maybe we should switch from Ford vehicles to other vehicles that maybe have
less problems than the Ford vehicles, which statistically on television have big, big problems.
SUPERVISOR HORTON: Are there other resolutions that you would like to address?
MS. EGAN: Excuse me, ! am not finished.
SUPERVISOR HORTON: Mrs. Egan, the resolution that you are speaking to...
MS. EGAN: When you interrupt me, it takes twice as long. Did you look into that?
SUPERVISOR HORTON: No.
MS. EGAN: Great. Why don't you write it down to do it.
SUPERVISOR HORTON: The vehicles that we buy are on state contract and that is the vehicles that
we have access to.
MS. EGAN: Well, then why don't you write a letter or have someone write a letter about changing
that. Because to send the policemen out with the roads the way .....
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: Don't keep interrupting me.
SUPERVISOR HORTON: Mrs. Egan, actually you are bordering on disruptive at this point.
MS. EGAN: No, ! am not. #88. You are disruptive.
February 3, 2004
Southold Town Board-Regular Meeting
6
SUPERVISOR HORTON: That is an argument too.
MS. EGAN: Create the position of Senior Citizen Center Manager. We have lost another one or is
this a new one?
SUPERVISOR HORTON: No, this is creating a different position.
MS. EGAN: Now, #91. This is the Marine Division and I don't know whether it was last year or the
year before when we, it was the year before I believe but don't quote me on that, when we had a
serious problem with a police boat and they didn't put the tarp on it properly and we had a big
insurance bill. Do you remember that, Mr. Romanelli?
COUNCILMAN ROMANELLI: Yes.
MS. EGAN: So, let's see if we are going to buy new outboard motors or any motors or anything for
the Marine Division, then let's see that that equipment is taken care of a lot better than it had been.
Because these, how much are these? Do you know how much these are, Mr. Horton?
SUPERVISOR HORTON: They will actually go out to bid, so we don't yet have the price.
MS. EGAN: Well, you and I both know that they are big, mega bucks, right? Now, item #92. This is
again law firms, correct?
SUPERVISOR HORTON: This is retaining the legal, labor counsel that we have had for some time
who has switched law firms.
MS. EGAN: Always out of Southold, right? Item #95. Now, you have here for the year 2005, did you
mean to have that for 2004? Do any of you read these things before you submit them?
SUPERVISOR HORTON: No, actually, as written this is correct. It is to, if we can get a seasonal
police officer interested to go through the Academy, it would be in '04 and upon completion of the
Academy, they would be eligible to serve in the summer of '05.
MS. EGAN: Do we have people for '047
SUPERVISOR HORTON: We are searching for them now. That is what this resolution pertains to.
MS. EGAN: So in other words, this is prepatory work for 2005.
SUPERVISOR HORTON: That is correct.
MS. EGAN: That is a good idea. The first one I have heard so far. Uh, #97, now these environmental
services for household hazardous waste collection days, how is that to be done?
SUPERVISOR HORTON: That is a program that we have had for some time at the transfer station.
February 3, 2004 7
Southold Town Board-Regular Meeting
MS. EGAN: Pardon?
SUPERVISOR HORTON:
MS. EGAN: And you put them out in front with your...
SUPERVISOR HORTON: It is all handled at the transfer station.
MS. EGAN: No, but how do ! get rid of it.
COUNCILMAN ROMANELLI: You bring it there.
SUPERVISOR HORTON: You bring it to the transfer station.
household hazardous waste.
That is a program that we have had for some time at the transfer station.
It is an opportunity to dispose of the
MS. EGAN: ! can't put it out for recycling day? ! have to bring it up there?
SUPERVISOR HORTON: Yes.
MS. EGAN: And then ! have to purchase the sticker for that?
SUPERVISOR HORTON: This is a specific program, if you would like more information on that we
can get that for you.
MS. EGAN: Well, could you answer the question. Can ! bring it up there without purchasing the
sticker?
SUPERVISOR HORTON: Yes.
MS. EGAN: Good. And of course, on #98, we have property and no map. Maybe that will be here.
SUPERVISOR HORTON: This pertains to the Whitaker House. Are there other resolutions, Mrs.
Egan?
MS. EGAN: Well, ! didn't have time because you didn't get it on time, so you will have to give me a
second.
SUPERVISOR HORTON: Mrs. Egan, ! am going to offer the floor to anybody else who would care to
address the Board? Are there other resolutions people would care to have addressed? Yes, Ms.
Taylor.
TRACY TAYLOR: Hi, ! am Tracy Taylor from Cutchogue. ! just need clarification on #110. ! was
wondering what properties that the appraisals are for, where are they located?
SUPERVISOR HORTON: Exactly. Those properties are the two vacant parcels in the Church Lane
community. Actually, one has a dilapidated building on it that is fenced off and the property
February 3, 2004
Southold Town Board-Regular Meeting
immediately north of that. The owners are Angelo Stepnoski and Tom McCarthy or ! believe it is a
formal company that is entitled to the holding there.
MS. TAYLOR: Okay. Also, I also need clarification on #109, what property that is pertaining to?
SUPERVISOR HORTON: #109 is authorizing the SEQRA but the, for the change of zone that will be
sent to public hearing but the property that would be affected is on the corner Route 48 and Depot
Lane.
MS. TAYLOR: Thank you.
SUPERVISOR HORTON: Indeed. Thank you. Are there other comments from the floor on
resolutions? Mr. Marschean.
DICK MARSCHEAN: Dick Marschean, Southold. #98, the Whitaker House.
SUPERVISOR HORTON: Yes, sir.
MR. MARSCHEAN: We haven't talked about a new Town Hall in a while, is the Whitaker House in
any manner, shape or form going to be involved with a plans for a new Town Hall.
SUPERVISOR HORTON:
sold to the private sector,
space.
This resolution is authorizing the sale of the Whitaker House, so if it were
think that would eliminate it from immediate discussions of Town Hall
MR. MARSCHEAN: Yeah, but the thing is, does the Board have in its wisdom, in the plans for a new
Town Hall any of the options, would any of the options include the use of the Whitaker House?
SUPERVISOR HORTON: ! think that the numbers that have been gathered for the Town Board a
couple of times over the last few years have indicated that for the Town Board to commit money to
restoring the Whitaker House and bringing it up to municipal code, to make it usable office space
would be a substantial undertaking financially, in the tune of $750,000, for about 2,300 square feet of
office space. Of which, essentially, the first floor would be the only usable office space for public
access offices.
MR. MARSCHEAN: Yeah, but that is provided that you are going to refurbish the house, like a
private dwelling. If you were to do what the people in Alexandria did with their homes down there and
! have given some of this information to members of the Board already prior to this, all you have to do
is basically if it is in the historic district is keep the fascia of the dwelling according to the dictates of
the community and the other three sides can be demolished and brought up to speed and things of that
nature. So, that type of a construction certainly would not be the number that you have just stated.
SUPERVISOR HORTON: Okay.
MR. MARSCHEAN: So, the thing is, is what I am saying to you is the public here have never had,
publicly been presented with any plans for a new Town Hall and ! think that the idea of selling the
February 3, 2004
Southold Town Board-Regular Meeting
9
Whitaker House, which could be a valuable option in adjoining this building here as an option. ! am
not saying that this would be the one that would be selected, but ! thing is if there were other options, !
think this option should not be foreclosed by the sale of this house. Particularly if we turn around in
the future and find out that maybe this isn't the right option, that we have to go back and buy the house
again from whoever we sold it to. So, what ! am saying to you is, ! think since the public has not been
given any kind of direction from the Board with regard to the focus of where there will be a new Town
Hall and what these options will be, ! think the sale of this house precludes the use of this as an option,
since it adjoins the property of this Town Hall.
SUPERVISOR HORTON: Fair enough.
MR. MARSCHEAN: So how can you go ahead and sell this then, if it remains an open option?
SUPERVISOR HORTON: ! think that the, this is one person's opinion but ! don't think that particular
building is within reach or a viable option for re-use for the Town purposes and as well, ! think it is
decaying quickly and should be turned over to the private sect to be restored in a proper fashion.
MR. MARSCHEAN: But you are not discounting the fact that all you have to do is keep the fascia of
that building within the confines of the dictates of the historic location of where it is and the other three
sides can be completely demolished, so there is no cost. Except for the demolishing, so the thing is,
that piece of property, the land, what ! am saying to you, is more valuable to the addition to this
building than the building itself. And you can still stay within the dictates of the historical nature of
the building, so it is a win-win situation. And ! think the Town here is being very much putting its
head in the sand, if you will, by taking this particular position where you have this option open to you.
And it is a viable option and you haven't looked at it. And ! don't see how you can go ahead and say
you are going to do something like this without examining this option along with other options so that
the people of this town have a chance to vote on it. No opinion?
SUPERVISOR HORTON: ! understand what you are saying.
MR. MARSCHEAN: Yeah, ! know. But the thing is...
SUPERVISOR HORTON: Mr. Marschean, ! have given you my thoughts on it and it is something that
has been discussed at length for some time now and this is the direction that not only this Board but the
Board, you know, that was still in charge in September and October, agreed to move forward with.
MR. MARSCHEAN: Alright, the thing is that the declaration of the covenants and restrictions, do
they now include what was missing as ! stated at the last meeting that ! was here for, not maybe the
penultimate but the one before that?
SUPERVISOR HORTON: ! believe so.
MR. MARSCHEAN: That is the person that buys this house cannot demolish it? Because it was not
there. Did somebody put some new words in...
February 3, 2004 10
Southold Town Board-Regular Meeting
SUPERVISOR HORTON: Mr. Marschean, I am trying to answer you. That is actually the reason it is
coming up as a resolution again because I think your concerns were addressed in the covenants and
restrictions.
MR. MARSCHEAN: It was not in there.
COUNCILMAN ROMANELLI: We added it.
SUPERVISOR HORTON: And we added it.
MR. MARSCHEAN: Alright. So it is in there now?
SUPERVISOR HORTON: Yeah.
MR. MARSCHEAN: Alright. I still think you are making a mistake.
SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board on resolutions?
LESLIE PROVADAS: Hi, good afternoon. My name is Leslie Provadas and it is about #112. I would
like to support you, Josh, in enacting a local law in relation to amendments to the Ethics Code.
SUPERVISOR HORTON: That resolution, actually, there is a public hearing on that this evening, in
about, scheduled for about two minutes. So, there will be opportunity again, if you would care to
address the Board on that public hearing at that point, your comments will be incorporated into the
minutes of the public hearing.
MS. PROVADAS: Thank you.
SUPERVISOR HORTON: Thank you. Yes, Tracy.
MS. TAYLOR: #109, from LIO to what are you changing?
SUPERVISOR HORTON: LIO to LI. Light Industrial Office to Light Industrial.
MS. TAYLOR: Thank you.
SUPERVISOR HORTON: Thank you. Yes, sir.
SEAN KELLY: Sean Kelly, current resident of Sag Harbor. In relation to #80, not directly in relation
to Donald Wilder but I was wondering if I could, as a citizen, sit in and listen and be more active in the
town Conservation Advisory Council?
SUPERVISOR HORTON: Absolutely. The meetings are posted in the Town Clerk's office and if you
contact, make it easier, if you call the Town Clerk's office at 765-1800 you can be kept abreast as to
when meetings are scheduled and those are open to the public.
February 3, 2004
Southold Town Board-Regular Meeting
MR. KELLY: Okay and I have a question.
Preservation Fund or is that ....
11
Is that, are there discussions in relation to the Community
SUPERVISOR HORTON: That would be, those, the Land Preservation Committee meets in regard to
preservation, acquisitions, land acquisitions.
MR. KELLY: Okay. That is a separate committee.
SUPERVISOR HORTON: That is correct.
MR. KELLY: Okay. And ! can also find information on that?
SUPERVISOR HORTON: Absolutely.
MR. KELLY: Thank you.
SUPERVISOR HORTON: Thank you. If there are no more questions from the floor on the
resolutions, we will move ahead with the agenda.
#78
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
U.S Department of the Interior to install monitoring equipment at Laurel Lake Park.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#79
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2004 budget as follows:
To:
Zoning Board of Appeals, P.S.
Court Reporters $2,000
B.8010.4.500.400
From:
B.8010.1.100.100
Zoning Board of Appeals, P.S.
Regular Earnings
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$2,000
Councilman Ross, Councilman Wickham,
#80
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Wilder as
Chairman of the Southold Town Conservation Advisory Council~ effective January 1, 2004
through December 31, 2004.
February 3, 2004
Southold Town Board-Regular Meeting
12
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#81
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 Town Planning Director:
Effective January 1, 2002
Step Annual Salary
Entry 55,969.50
1 58,469.50
2 59,469.50
3 60,819.50
4 61,819.50
5 64,319.50
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#82
Moved by Councilman Wickham, seconded by Councilman Edwards,
WHEREAS Assistant Town Attorney E. Brownell Johnston works extraordinary hours as legal
advisor to the Board of Trustees, and
WHEREAS Assistant Town Attorney E. Brownell Johnston 2004 salary is presently $1040 per
annum, and
RESOLVED that the Town Board of Town of Southold hereby increases the compensation rate of
Assistant Town Attorney E. Brownell Johnston by extending coverage under the Town of
Southold Employee Health Benefit Plan, said coverage to be effective immediately.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#83
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of
the following Capital Proiect in the 2004 Capital Budget:
Capital Project Name: Pick Up Truck
Financing Method: Transfer from Solid Waste Management District
Budget: Revenues:
H. 5031.85 Interfund Transfers $25,000.00
Appropriations:
H. 8160.2.300.400 Refuse & Garbage
Capital Outlay
Pick Up Truck $25,000.00
February 3, 2004
Southold Town Board-Regular Meeting
13
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#84
Moved by Councilman Edwards, 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:
Revenues
A.2705.40 $3500.00
Gifts and Donations
Other Donations
Appropriations
A.3120.2.500.250 Defibrillator
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$3500.00
Councilman Ross, Councilman Wickham,
#85
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 4% adopted
at the January 20~ 2004 regular Town Board meeting.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#86
Moved by Justice Evans, seconded by Councilman Wickham, 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. 1680.4.400.553 Police System Maintenance
From:
A. 1680.4.400.558 PC Software Maintenance
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$2200.00
$2200.00
Councilman Ross, Councilman Wickham,
#87
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for Building
Inspectors Gary Fish and John Boufis to attend the 29th Annual Continuing Educational
Conference~ March 22-25, 2004 in the Finger Lakes, New York. This will be part of the mandatory in-
service training required for building inspectors.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
February 3, 2004
Southold Town Board-Regular Meeting
This resolution was duly ADOPTED.
14
#88
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position of Senior
Citizen Center Manager and establishes the following salary scale effective January 1~ 2002:
Entry 41,245.71
1 43,745.71
2 44,745.71
3 46,095.71
4 47,095.71
5 49,595.71
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#89
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
following employees to attend a seminar on Marina Fires sponsored by the NYS Harbormasters
and Bay Constables Association on Thursday~ January 8~ 2004, at the Huntington Town House,
Huntington, New York:
SBC Donald Dzenkowski
BC Andrew Epple
BC Kent McCarthy
Travel by Town Vehicle. Registration fee is $90.00 ($30.00 for each attendee) and shall be a legal
charge to the Bay Constable budget line - A.3130.4.600.200.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#9O
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for Traffic Control Officers for the 2004 summer season at the 2002 hourly
wage of $11.97 per hour pending new contract. Applications must be received by March 25, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#91
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for bids for two (2) 200 hp~ four stoke outboard motors for the Marine Division
of the Southold Town Police Department.
February 3, 2004
Southold Town Board-Regular Meeting
15
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#92
Moved by Councilman Wickham, seconded by Councilman Ross,
WHEREAS, the Town of Southold presently retains the law firm of Rains & Pogrebin, P.C., as
special labor counsel; and
WHEREAS, the Town has been notified that effective March 1, 2004, the firm of Rains & Pogrebin,
P.C., will dissolve and cease to perform legal services; now therefore be it
RESOLVED, that the rights and obligations of Rains & Pogrebin, P.C. under the retainer agreements
presently in effect shall be assigned to and assumed by the law firm of Lamb & Barnosk¥~ LLP
effective upon notification that Richard Zuckerman has ioined that firm, but in no event later than
March 1, 2004, and shall continue until the expiration of the retainer agreement.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#93
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 42 adopted at
the January 6~ 2004 Organizational Meeting.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#94
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Melauie Doroski, a.~s
Secretary for the Southold Town Land Preservation Committee, effective February 3, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#95
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for Seasonal Police Officers for the 2005 summer season. Attendance at the
Suffolk County Police Academy for training to commence in the fall of 2004. Applications must be
received by March 25, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
February 3, 2004
Southold Town Board-Regular Meeting
16
#96
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute A~reements between Harold Cook and the Town of
Southold for the maintenance of the Pump Station of the Fishers Island Sewer District for a
period of three years effective June 1, 2002 through May 31, 2005 for the sum of $4,833.68 AND for
the maintenance of the grounds of the Fishers Island Sewer District for a period of three years effective
June 1, 2002 through May 31, 2005 for the sum of $2,696.93, said Agreements all in accordance with
the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#97
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gianco
Environmental Services~ Inc. for conductin~ Household Hazardous Waste Collection Days for calendar
years 2004 - 2005, 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,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#98
Moved by Councilman Romanelli, seconded by Councilman Edwards,
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 Southold 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. No: Councilman Romanelli.
February 3, 2004
Southold Town Board-Regular Meeting
This resolution was duly ADOPTED.
17
#99
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the OPTION #1 Bid for
calendar year 2004 ONLY of Meridiam Inc. for the removal of scrap tires from the Cutchogue
Transfer Station, 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,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#100
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2~ adopted at
the January 6~ 2004 regular Town Board meeting to read as follows:
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 $60~000.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#101
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Peter Schott to the
position of full-time Automotive Equipment Operator for the Highway Department, effective
February 12, 2004, at a rate of $16.8216 per hour.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#102
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m, February 24~
2004 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorium on the Processing, Review of, and making Decisions on the applications for Major and
Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of
Southold" for the minor subdivision of Barry Savits for the parcel identified as SCTM# 1000-68-4-
16.1 located on the south side of Sound View Avenue in Peconic.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#103
Moved by Councilman Romanelli, seconded by Justice Evans, it was
February 3, 2004
Southold Town Board-Regular Meeting
18
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:10 p.m, February 24~
2004 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorium on the Processing, Review of, and making Decisions on the applications for Major and
Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of
Southold" for the minor subdivision of Constantine Ionnou for the parcel identified as SCTM#
1000-23-1-14.7, 1000-23-2-5.6 located on the north side of State Route 25 in East Marion.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED-February 24, 2004 by #158
#104
Moved by Councilman Edwards, seconded by Councilman Romanelli,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 3rd day of February 2004 a Local Law entitled "A Local Law in relation to
Determination of Site Plan Requirement" 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 9th day of
March 2004 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law in relation to Determination of Site Plan
Requirement" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled "A Local Law in relation to Determination of Site Plan Requirement"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose The intent of this change is to authorize the Building Inspector to make the determination
that a site plan is required, pursuant to the provisions of the Town Code. The term "Building
Inspector" as defined in Chapter 45 and used throughout the Code, is being added to the list of
definitions in Chapter 100. Further, the word "required" was omitted from the current printing of the
Town Code, and is being added for the purpose of clarity.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-253. Approval of site plan required.
A. No building permit shall be issued for any structure or building for which use a site plan is
required pursuant to this Chapter 100, until.'
(1) a determination has been made by the P!ann:.ng Boar~ Building Inspector as to
whether a site plan or an amendment thereto is required an~,. The Building
Inspector shall make a determination, which shall be forwarded to the Planning
(2)
Department for their comment within five(5) business days of receipt from the
Building Department. The determination of the Building Inspector shall become
final upon issuance of the determination to the applicant by the Building
Department, but in no event more than fifteen(15) business days from the filing
of the application.
When he-required, that an applicant shall present an approved site development
plan or approved amendment of any such plan that has been secured by the
applicant from the Planning Board ~ to the Building Inspector,
February 3, 2004
Southold Town Board-Regular Meeting
19
along with all necessary approvals and permits as may be required by other
public agencies.
IlL 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
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 Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton. No: Councilman Ross.
This resolution was duly ADOPTED.
#105
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed "A Local Law in relation to Determination of Site Plan
Requirement "to the Southold Town Planning Board and the Suffolk County Department of Planning
for their recommendations and reports.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#106
Moved by Justice Evans, seconded by Councilman Edwards, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire the firm of L.K. McLean Associates P.C. to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the proposed local law entitled "A Local Law in relation to
Determination of Site Plan Requirement"
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#107
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, the Town Board has made a motion to amend the Zoning Map of the Town of Southold
by changing the Zoning District designation of p/o SCTM# 1000-96-01-01 from Light Industrial
Park/Planned Office Park (Lie) to Light Industrial (LI); and
WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF
THE TOWN OF SeUTHeLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF p/o
SCTM # 1000-96-01-01 FROM LIGHT iNDUSTRIAL PARK/PLANNED OFFICE PARK (Lie) TO
LIGHT iNDUSTRIAL (LI)"; now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public
hearing on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New
February 3, 2004
Southold Town Board-Regular Meeting
20
York at 8:05 p.m., Tuesday, March 23rd, 2004. The purpose of this Local Law is to change the
Zoning District Designation of p/o SCTM# 1000-96-01-01 from Light Industrial Park/Planned Office
Park (LIO) to Light Industrial (LI). The petitioner for this request is the Town Board of the Town of
Southold. The property is approximately 15 acres and is located on the northeast corner of Depot Lane
and County Route 48, Cutchogue, 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.
#108
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed "A LOCAL LAW TO AMEND THE ZONING MAP OF THE
TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF p/o
SCTM # 1000-96-01-01 FROM LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO)
TO LIGHT INDUSTRIAL (LI}" to the Southold Town Planning Board and the Suffolk County
Department of Planning for their recommendations and reports.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#109
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire the firm of L.K. McLean Associates P.C. to conduct an
evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the
environmental issues pertinent to the proposed local law entitled, "A Local Law to amend the
Zoning Map of the Town of Southold by changing the Zoning District Designation of p/o SCTM
# 1000-96-01-01 from Light Industrial Park/Planned Office Park(LIO) to Light Industrial (LI)"
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#110
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire Andrew D. Stype, SRA, to conduct appraisals of the
properties designated as Tax Map# 1000-96-1-11.1 and 1000-96-1-12 and prepare a report detailing
their findings.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#111
Moved by Justice Evans, seconded by Councilman Wickham, it was
February 3, 2004
Southold Town Board-Regular Meeting
21
RESOLVED that the Town Board of the Town of Southold hereby approves the request of
applicant Robert Schreiber to substitute a Certificate of Deposit in the amount of $68~590.00 in
lieu of a performance bond or letter of credit~ relating to applicant's minor subdivision.
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 Ross, it was
RESOLVED that this Town Board meeting be and hereby is declared recessed in order to hold one (1)
public hearing on the matter of "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE
ETHICS CODE".
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting was reconvened at
#112
Moved by Councilman Romanelli, seconded by Councilman Wickham,
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" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law 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. 5 OF 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:
I. 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.
II. 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.
February 3, 2004 22
Southold Town Board-Regular Meeting
§ 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.
lll. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law. Compliance with § 10-12A shall be completed 60 days from the effective date of this Local Law.
COUNCILMAN EDWARDS: Yes, ! would like to say a few words on this before ! vote. I, myself,
was a committee member in the Democratic party until four weeks ago and as ! walked door to door
last year in the campaign, one of the concerns ! heard repeatedly was a concern about integrity in
Town Hall. Not so much that anybody thought that anything improper was being done but rather that
there was concern that the bar should perhaps should be heightened in some way and that government
should not be a private process and ! think we owe that to the citizens of this Town, especially in a
small town, we have to be like Caesars' wife. It is not enough to have integrity, we have to be seen to
have integrity and symbols count. We need to raise, to the extent that we can, the wall between
politics and government and for that reason ! vote yes on this legislation.
COUNCILMAN WICKHAM: ! would like to make just a brief comment myself. First of all, there is
really in legislation, there is rarely a clean vote. When you take a vote, there are some things you like,
some things you don't like and this is one of those votes that, to me, is not really clean. There are
three parts to it though, and each one of them ! evaluate different ways. The first one is that extends
from a persons own conflict. A conflict that extends also to his family. ! have to say ! support that, !
really can't imagine how ! could work here if my wife or son or somebody were representing in front
of us or in front of the Town. ! respect that and ! am strongly voting in favor of that. Ten years ago,
when we enacted the initial, the original Ethics Code, we followed a model law that was at that time,
put forward by the State of New York. At that time, it was a one year revolving door proposal and that
is what we adopted. Times change, people change, expectations change. ! think two years is probably
closer now to what the public looks for and ! don't think there is any damage or any particular problem
with that, ! can support a two year revolving door proposal easily. The third proposal which has
attracted the most interest tonight, which is a question about committee people and what involvement
February 3, 2004
Southold Town Board-Regular Meeting
23
they should have and shouldn't have. And I think there is an awful lot of rhetoric and misplaced
expectations here. Everybody knows that political people will retain influence in town government.
No matter how you do it, they will have influence and we have even seen it among the people that
have already resigned. We are not going to eliminate that and probably we shouldn't and if we do,
other people will fill a vacuum, so ! don't think we should be under the misapprehension that we are
somehow cleaning government with this and there will be no more political influence. So, on this
whole issue of committee people, ! think the rhetoric on the side of the proponents who want to do it is
misplaced, but ! also think that those people who are worried it, the damage is also not going to be
great. There will still be many opportunities for political people to take an interest, an active interest in
town government, it is not as if they won't have an opportunity. So ! view this as the normal
increment of government trying to find its way and to find additional ways to safeguard the political
process, ! don't think it is going to achieve a great deal but neither is it going to be particularly
damaging. Melanie Norden read to us tonight the steps that Philadelphia has gone to and in a few
more years, if we keep going, we will probably be filling up many of those steps, too. ! am grateful
that we are not going there yet. So ! vote in favor of this, for the first two resolutions, ! am willing to
accept the third one.
JUSTICE EVANS: ! vote no, too and ! thank Jim DiNizio for his comments because ! am not voting
no because ! have political pressure on me to vote no, ! am voting no because ! don't really see what
we have to gain from these changes and ! see a lot we can lose from these changes. ! feel that there is
no gain against the alleged perception of corruption in Town Hall. ! haven't seen it and ! have been
here a while. ! think that there are, all three of these, in various ways are disincentives for people to run
for town office. So, ! vote no.
SUPERVISOR HORTON: ! will say very briefly that, actually ! heard a lot of productive comments
from all views on the issue. Some of the things that Melanie Norden so ably pointed out are
incorporated into our code. There are other ideas that Mr. Russell brought forward that certainly
would also help, ! believe the Town would stand to benefit, if we kept an open mind on those. And !
think that with any piece of legislation, we have to take steps and that this piece of legislation does take
a step. Is it the end all, be all? No, it is not. Is it a step in the right direction? ! firmly believe that it
is. And Mr. Nichols and Mr. Neville and Mr. Tuthill, you specifically remarked to an offense taken,
my apology to you, directly. Thank you for pointing that out. But ! will say that ! vote yes, in favor of
this and ! think it is a positive step in the right direction.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Supervisor Horton. No: Councilman Romanelli, Justice Evans.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That is the end of the public meeting. There is still opportunity for public
input at the end of the Town Board meeting, which this is the time. Would anybody care to address the
Board?
MS. EGAN: Good evening, again. ! had requested that your acting Supervisor be introduced at this
meeting.
SUPERVISOR HORTON: Mrs. Egan, ! am going to tell you one time. You leave 12 to 15 voice mail
messages on my cell phone a day.
MS. EGAN: Good. No, no, no, no, no.
February 3, 2004 24
Southold Town Board-Regular Meeting
SUPERVISOR HORTON: Every single one of your requests, ! will not honor. ! do my best to
respond; that is perhaps one that did not make it, maybe it went in one ear and out the other, that is
quite possible.
MS. EGAN: No, ! left this at your office and ! left it for you verbally, face to face. Now, is he here?
SUPERVISOR HORTON: This meeting is adjourned, Mrs. Egan. You have gone beyond productive
at this point.
MS. EGAN: Pardon?
SUPERVISOR HORTON: And ! always entertain your thoughts and queries.
MS. EGAN: Is he here? Your Deputy Supervisor?
SUPERVISOR HORTON: No, he is not.
MS. EGAN: Will he be here, do you have a picture of him? Would ! know him? This is important to
me, Mr. Horton.
SUPERVISOR HORTON: Understood, Mrs. Egan, thank you.
MS. EGAN: Now, of course ! realize that you did not address any of the other things that were to
come up when Mr. Yakaboski. ! have myself going to make an appointment with the new Town
Attorney and maybe we will pull the whole file out and we will get something done. At the last Town
Hall meeting, ! also requested and left word at your office about contacting the State Police, the
Southold police, the Riverhead...
SUPERVISOR HORTON: Mrs. Egan,
MS. EGAN: Excuse me, ! am not finished.
SUPERVISOR HORTON: Would you like to handle this one, Scott?
MS. EGAN: Now, in regard to the problems on the road, especially down there by Peconic Landing,
don't tell me that it has been resolved. It has not been resolved ....
SUPERVISOR HORTON: Mrs. Egan?
MS. EGAN: Excuse me, you didn't do it properly.
SUPERVISOR HORTON: What ! told you was that it is not going to be resolved because the State
maintains that highway and the State is comfortable with the construction and the layout.
February 3, 2004
Southold Town Board-Regular Meeting
25
MS. EGAN: And I asked you to contact either your Town Superintendent Harris, to see that
something is done. They even took the sign down for the hospital, now you are going to have an
accident and with you sleep well, Mr. Horton.
SUPERVISOR HORTON: This meeting is adjourned.
MS. EGAN: When you know you did not do the fight job. Mr. Romanelli,
SUPERVISOR HORTON: This meeting is adjourned, Mrs. Egan.
MS. EGAN: Down there by Sunrise bus, there is run-off water and it is a dangerous situation. I think
you are all extremely rude.
Moved by Supervisor Horton, seconded by Councilman Ross, it was
RESOLVED that this Town Board meeting be and hereby is declared adjourned at 6:59 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Clerk