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HomeMy WebLinkAboutTB-03/09/2004SOUTHOLD TOWN CLERK REGULAR MEETING March 9, 2004 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, March 9, 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 evening and welcome to the March 9th, 4:30 P.M. public meeting of the Southold Town Board. It is the policy of the Town Board to ensure that the public has ample opportunity to address the Board on any of the printed resolutions that are on the agenda for voting this evening, as well as other town related items that you may have to bring to the Board. ! will allow the, we will give the floor to the public prior to voting on any of the resolutions, as well we will offer the floor to the public after resolutions are completed and voted on for the public to address us on any town related matters. There are various reports, public notices and communications available on file at the Town Clerk's office, which is open 5 days a week, Monday through Friday, 8:00 A.M. through 4:00 P.M. As well, ! ask that when you do address the Board, you do so at one of the two microphones located at the front of the room and you state your name and place of residence clearly into the record, so we can incorporate that into our official town record. Before we move too far, we have a special presentation and ! will come forward, but if ! could have the Girl Scouts that are here join me at the front of the dais. This is a very special presentation. As all of you are aware, the Girl Scouts of March 9, 2004 2 Southold Town Board Regular Meeting America, just like the Boy Scouts of America and many other community organizations contribute so much to the fabric of the community. Whether it is charitable acts or various projects that they set out to do as well as, I think, most importantly, setting a fine example for their peers, you really add to the community. This is, this year marks the 92nd anniversary of the Girl Scouts of America and this proclamation acknowledges that. I am going to read the proclamation: W H E I~ ~ gl $ : the Town Board of the Town of Southold wishes to take this opportunity to congratulate the GIRL SCOUTS OF THE U.S.A. as they mark their 92'd anniversary; and W H E R E A S : founded in Savannah, Georgia, by ~luliette Gordon Low, Girl Scouting has had a long and distinguished history, inspiring millions of girls and women with the highest ideals of character, conduct and patriotism; helping them to grow strong in body, mind and spirit and to learn of their importance in the world and their duty to the world around them; and W H E REA S : more than three million current Girl Scout members nationwide are celebrating 92 years of an American tradition, with 50 million former Girl Scouts as potential mentors to help today's girls succeed; now, be it R E S 0 L VE D: that the Town Board of the Town of Southold hereby congratulates the GIRL SCOUTS OF THE U.S.A. and extends appreciation for the excellent job it is doing for so many young women; and be it further R E S 0 L VE D: that the week of March 7-13 is hereby pro-claimed as Girl Scouting Week in the Town of Southold. DATED : March 9, 2004 Supervisor Joshua Y. Horton Councilman Thomas H. Wickham Councilman William P. Edwards Councilman Daniel C. Ross Councilman John M. Romanelli Justice Louisa P. Evans Town Clerk Elizabeth A. Neville And I want to take this opportunity to thank you very much on behalf of all the residents of Southold Town for you contributions to this community. Alright, we will proceed forward. IfI can get a motion for the approval. 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 $226,576.43; General Fund Part Town bills in the amount of $30,141.45; Community Development Fund bills in the amount of $29,262.00; Highway Fund Part Town bills in the amount of $87,924.48; Capital Projects Account bills in the amount of $$1,018.66; Landfill Cap & Closure bills in the amount of $222,921.05; Community Preservation Fund (2% tax) bills in the amount of $4,850.00; New London Terminal Project bills in the amount of $677,843.36; Employee Health Benefit Plan bills in the amount of $10,036.20; Fishers Island Ferry District bills in the amount of $17,375.07; Refuse & Garbage District bills in the amount of $103,304.26; Southold Wastewater March 9, 2004 Southold Town Board Regular Meeting 3 District bills in the amount of $5,057.53; Southold Agency & Trust bills in the amount of $4,370.81 and Fishers Island Ferry District Agency & Trust bills in the amount of $61.09. 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 February 24, 2004 be and hereby are considered 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 March 23, 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. I. REPORTS 1. Scavenger Waste Treatment Facility - February 2004 2. Southold Animal Shelter Report - January 2004 3. Southold Animal Shelter Report - February 2004 4. Southold Town Justice Court, Evans - February 2004 5. Juvenile Aid Bureau - January 2004 6. Town Clerk Monthly Report - February 2004 II. PUBLIC NOTICES 1. Long Island Sound Waterborne Transportation Plan Notice of Public Review Meetings to examine ferry and barge services for New York City, Westchester, Connecticut and Long Island, various times and locations, March 25, 2004 at Southold Town Hall, Southold, New York. For information contact Kevin Wolford, kwolford~gw, dot. state.ny.us, (631) 952-6115. 2. Department of the Army, NY District, Corps of Engineers, Notice of Application of James E. Gibbons to extend an existing pier and relocate an existing ramp and float in Jockey Creek, Shelter Island Sound, Southold. Comments by March 20, 2004. III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, I invite the public to address the Board on any of the printed resolutions. Mr. Carlin. FRANK CARLIN: Frank Carlin, Laurel. Good evening, ladies and gentlemen. Item #181, is that almost the same as #1947 On the forklift? Because one says actually, forklift gas truck. Is that a separate item or is it meant to be one item. March 9, 2004 Southold Town Board Regular Meeting COUNCILMAN ROMANELLI: #181 .... MR. CARL1N: Yeah. 4 One is to appropriate the funds to buy the forklift, that would be COUNCILMAN ROMANELLI: And then # 194 is actually authorization to buy the forklift. MR. CARLIN: How much is that going to cost? I would suggest when we do these, you put the price on these things so that we have an idea of what you know they are going to cost. SUPERVISOR HORTON: The cost for the forklift is $19,340. MR. CARLIN: That is going to be used for the solid waste disposal? SUPERVISOR HORTON: That is correct. MR. CARLIN: It isn't going to be used in the compost plant, is it? SUPERVISOR HORTON: No, that is for the transfer station, specifically. MR. CARLIN: What do you mean by #1957 What are you saying there? SUPERVISOR HORTON: There was money allocated from a source other than the Town, donated to the Town to do the SEQRA, which is State Environmental Quality Review Act, so we are moving that money from the 2003 budget to the 2004 budget to cover the cost of the SEQRA. MR. CARLIN: Can you tell me how much that is? COUNCILMAN ROMANELLI: $1,750. SUPERVISORHORTON: Yes, $1,750. MR. CARLIN: That is all I have for now. I'll be back. SUPERVISOR HORTON: Would anyone else care to address the Board on the printed resolutions? Yes, Mrs. Egan. JOAN EGAN: Good afternoon, everybody, I am Joan Egan from East Marion. And I think have spoken to you and I will say it now, this business of rushing through the resolutions and not listening to what we say is wrong. You know, it is like speed dial. I don't like it, it doesn't give us the opportunity to reflect, nor does it give us the assurance that you are really listening to us. Okay? SUPERVISOR HORTON: Yes, Mrs. Egan. March 9, 2004 Southold Town Board Regular Meeting MS. EGAN: You are not going to rush me, are you? Oh, ! did want to ask on your covering page; how many of you read the Southold Town Justice Court by Mrs. Evans? Anybody up there read it? SUPERVISOR HORTON: No. Justice Evans says that she did. MS. EGAN: That is great. What about the Juvenile Aid Bureau? Did anybody up there review that? COUNCILMAN ROMANELLI: Yes. JUSTICE EVANS: Yes. MS. EGAN: Good, you should. Alright, #177, there are quite a few of these items in regard to the Human Resource Center and you know how ! feel about that, ! think there has to be some mismanagement that it is not, that we are always getting these changes where these elderly people do like to see the same name. Now, #178, ! think that it is great that Lieutenant Flatley will be attending a class. Who will be taking his place? SUPERVISOR HORTON: Who will be taking his place. MS. EGAN: Who will be minding the store in his... SUPERVISOR HORTON: MS. EGAN: Who? SUPERVISOR HORTON: Chief Cochran will be here. Chief Cochran. MS. EGAN: Good. Okay, now this #179, this is in regard to the Town dump, the transfer section. There are quite a few items there regarding that is part of the town .... SUPERVISOR HORTON: That is correct. MS. EGAN: Mmhmm. Well, they have done a lousy job. The three bag thing is still in existence and that is wrong. And of course, ! will hope that on the 23rd you will have a map here for #180. Now, who set the fee on #184, the Domestic Partnership Certificates and their copies? SUPERVISOR HORTON: ! believe that is a recommendation from the Town Clerk after research of the other east end towns that are doing the same. MS. EGAN: Good. SUPERVISOR HORTON: Is that correct? TOWN CLERK NEVILLE: That is correct. MS. EGAN: Now, here we go again on the Human Resource Center. Who is Theresa Van Etten? March 9, 2004 6 Southold Town Board Regular Meeting SUPERVISOR HORTON: She is in our midst. at that. MS. EGAN: And she wants to be shifted up there? SUPERVISOR HORTON: She is already there. MS. EGAN: ! see, okay. Now, again, this is all part would imagine, right? And ! would strongly suggest .... SUPERVISOR HORTON: It is not. MS. EGAN: No? SUPERVISOR HORTON: It relates to the Highway Department. MS. EGAN: Well, that is Harris. SUPERVISOR HORTON: Yes, but not the dump. She is an employee with the town and a fine employee #188, this is all part of the Harris and the dump, I MS. EGAN: Well, ! would suggest that Mr. Harris do a very much better job. He has quite a few outstanding lawsuits. Did a terrible job up there on North Moore's Lane. Now, this #192, that is the DOT and they still have not corrected many of the things that they should have down by Peconic Landing. SUPERVISOR HORTON: #192 is for the Department of State. MS. EGAN: No, the DOT. SUPERVISOR HORTON: No, the Department of State. MS. EGAN: That is different? COUNCILMAN ROMANELLI: Yes. SUPERVISOR HORTON: This is actually about an eelgrass implementation program. MS. EGAN: Oh, okay, fine. ! will throw in the DOT thing for Peconic Landing and all the accidents down there and that the hospital sign has still not been replaced. Now, Mr. Romanelli, read #198 and tell me what ! am going to say there? COUNCILMAN ROMANELLI: Aging. MS. EGAN: Correct. Let's see if somebody up there, ! have asked this now for two years, can get some paperwork going to change that. You know, ! went to the movies on Sunday afternoon and he March 9, 2004 Southold Town Board Regular Meeting 7 gave me a senior ticket and I said, you should proof me. And he said, huh. And I said, that is right. It makes us feel better. And I will show you the article in the paper that was published several years ago, it makes us feel better and you will be there, hopefully, someday. Again, now #201, now this is Harris again, huh? Replacement, new equipment. Take care of the equipment. Stock market crashed again. Now, on #206, now these Assistant Town Attorney Kieran Corcoran and Special District Attorney. Now, is he a new, he is not new, he is here, isn't he? SUPERVISOR HORTON: He is here, yes. MS. EGAN: Well, let me tell you darling, you need a better experienced attorney here. We are losing cases that we shouldn't lose and see that we get a better one. SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: I am not finished. SUPERVISOR HORTON: Mr. Corcoran .... MS. EGAN: Excuse me. Now, who gave approval for #207, for Christina M. Loria? COUNCILMAN ROMANELLI: None of us gave approval. SUPERVISOR HORTON: We haven't given permission yet. MS. EGAN: Well, how did her name appear here? She must have been recommended by somebody. I don't think you pulled it out of a crackerjack box. SUPERVISOR HORTON: By the Justice court. MS. EGAN: Well, I would hope that would be Judge Bruer, Judge Price. Now, this #212, is this the will that we were arguing about for the Animal Shelter. SUPERVISOR HORTON: Yes. MS. EGAN: Let's see that we do that before we lose that money, Mr. Horton. That is all for now. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. SUPERVISOR HORTON: Would anyone else care to address the Board on the printed resolutions? Yes, Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. I was just curious with respect to #203, first the source of the $30,000 funding for the Orient causeway project and what status of preliminary negotiations are at present with LIPA? Has LIPA agreed to consider this? March 9, 2004 Southold Town Board Regular Meeting SUPERVISOR HORTON: Actually, I will let Councilman Wickham speak to that. COUNCILMAN WICKHAM: This is a resolution, that if it is enacted by the Board, would enable the Town to partially finance its portion of a grant that the State government will be giving us to undertake a feasibility study of what it would take to underground the cables along the causeway there. MS. NORDEN: Right. COUNCILMAN WICKHAM: If that feasibility project deemed, shows that it could be done successfully and economically and it all sort of makes sense, then it would turn to a phase II project of actually doing the work, this is not a commitment to do the phase II. This is a commitment on the part of the Town, in good faith, to put some resources towards a grant that the State government is making to do a feasibility study of whether this is a feasible undertaking. MS. NORDEN: But is this work to be done ultimately by the Town or by LIPA? COUNCILMAN WICKHAM: The work or the study? MS. NORDEN: Both. COUNCILMAN WICKHAM: The feasibility study would be undertaken by a private firm that does these kinds of jobs. The construction work, if it is undertaken, would, if it were to be undertaken would almost certainly be bid out to some private construction company. Who would pay for it is not clear at all yet. SUPERVISOR HORTON: And one of the stipulations that we are entering into this agreement, if this should pass tonight, is that within the context of the feasibility study, that funding sources, such as LIPA being that they own the infrastructure and the State being that it is their infrastructure that would, the cables would be proposed to be buried within are looked at as far as funding because it is the sentiment of the Board that while it is a wonderful project but the Town, you know the taxpayers of the Town shouldn't necessarily be on the hook for any portion of burying those cables since the infrastructure is owned by LIPA and the State of New York. MS. NORDEN: Precisely. But I mean in addition to that, have any negotiations with LIPA transpired to indicate whether in fact, regardless of the outcome of the feasibility study, LIPA would be even remotely interested in entertaining the notion of burying the cables and I would think that LIPA's I involvement and or permission may be required to undertake such work to begin with, so I kind of wonder if you had talked to LIPA at all? SUPERVISOR HORTON: They will be, LIPA will be part of the consortium that is conducting the feasibility study. MS. NORDEN: But has LIPA agreed to at least entertain this notion and how has that been proposed to them? March 9, 2004 Southold Town Board Regular Meeting 9 COUNCILMAN WICKHAM: LIPA has not yet agreed and one of the reasons that we are moving ahead in this direction is so that we can marshal our forces in order to make a persuasive approach to them. This is not simply just sailing into this, 'oh, LIPA wouldn't it be nice if you would do this' MS. NORDEN: No, no. I understand that but my question really is that before we put resources to bear, whether they are town resources or portions of the State resources, wouldn't it make some sense to determine whether in fact, all circumstances not withstanding, LIPA would entertain this? COUNCILMAN WICKHAM: All indications to date are that they don't wish to hear about it. If we are going to .... MS. NORDEN: So why are we going to spend money, if they don't wish to hear about it? COUNCILMAN WICKHAM: Because we think we can find the resources, we think we can, if we organize ourselves properly, we can make a persuasive case to them; why they should help finance it. MS. NORDEN: Do you have any understanding as to what their objections are? SUPERVISOR HORTON: The other money that is involved is the State's money and the State has tremendous leverage over LIPA, to bring them to the table, to discuss. And it is a State program and a State grant. MS. NORDEN: No, I understand all of that, I am just concerned that, in fact, before one commits any dollars, state or local dollars, it would be nice to know that even a persuasive argument would move LIPA. Because in other communities, despite the intelligent arguments of various communities, LIPA has not been moved primarily due to financial considerations. So, I don't understand exactly why we are putting our money up to convince LIPA of an outcome of which LIPA may already have decided they are not willing to undertake under any circumstances. So it would seem to me that involving LIPA in the loop initially might make some sense, otherwise, it is just throwing the baby out with the bathwater. SUPERVISOR HORTON: LIPA, through the Transportation Committee, LIPA has, is aware of this and has made every indication, not through my office in writing but to the Transportation Commission that they would enter into discussions. Of course, they are not going to commit one way or the other as to whether they would finance a project but anytime that they have been approached to, you know, how much will it cost to underground a certain segment of distribution cable along the highway, they commit the resources to produce what they costs are as it relates to them. COUNCILMAN WICKHAM: I would like to respond to your question, a little bit differently. MS. NORDEN: Okay. COUNCILMAN WICKHAM: It is one thing for the town to call upon LIPA to support this, it is another thing for the town to put up some resources so that we have some standing ourselves so that when we do talk to LIPA asking them to put some dollars into it, we can demonstrate that we also are March 9, 2004 Southold Town Board Regular Meeting 10 serious. That is what this resolution is about. It will give us standing to deal more effectively with LIPA instead of just standing on the sidelines saying, 'hey, why don't you pay for this?' MS. NORDEN: No, I understand that but I think ultimately, the obligation does come, not from the town to pay for this but in fact, from LIPA. And I don't know necessarily whether... SUPERVISOR HORTON: And that will be a part of that... MS. NORDEN: No, I understand that but I don't know necessarily whether we have to be serious by putting up our own money to ask a public agency that is in fact funded by the State of New York to undertake a project seriously, given the concern of the town. I don't know that the Town of Southold is going to be taken more seriously because it coughed up $30,000 of a multi-million dollar project. It would seem to me that that is rather circular thinking. I mean, I understand part of that but I still would encourage the town to see if there is any way to open some kind of preliminary discussions with LIPA because in point of fact, there has been a lot of work over on the south fork with LIPA that also has led to nothing. So I mean, $30,000 may be a small drop in the bucket but this is only phase I and to go beyond that into a further feasibility study would cost the town even more money. So, at what point is LIPA enjoined to come to the table? And I think that it would seem to me that if you can't make a persuasive argument after anteing up the first $30,000, you might want to reconsider your position. But in point of fact, more powerful townships, with more revenues, with more vested interests have worked diligently to motivate LIPA to undertake their needs and have not, in many ways, had any of those needs met. So, I think it is just a cautionary word. Before we engage in this, we should be somewhat certain that we are going to have a positive outcome, otherwise, I have some other suggestions for better ways to spend $30,000. SUPERVISOR HORTON: Thank you. Would anyone else care to address the Board on the printed resolutions? Mrs. Egan. MS. EGAN: I forgot one thing and I think it is important. That is #175. This taser, they immobilize somebody, is that correct? SUPERVISOR HORTON: Taser. That is correct. MS. EGAN: Taser. Now, how is that done? By injection? Is there a medication in it? SUPERVISOR HORTON: Actually, Mrs. Egan, I am not qualified to speak on the technicalities of it. MS. EGAN: Well then it shouldn't be on the resolutions. SUPERVISOR HORTON: We have two police officers who might be able to but .... MS. EGAN: We have a police officers here? SUPERVISOR HORTON: We have two longtime public servants in our midst, yes. MS. EGAN: Where? March 9, 2004 Southold Town Board Regular Meeting 11 SUPERVISOR HORTON: But Mrs. Egan, ! believe the taser is a hand held implement, hand held instrument that sends a shock to whatever it comes in contact with. MS. EGAN: Well that could be dangerous though. It could kill somebody if they had a certain medication. SUPERVISOR HORTON: Which is why they are going to training. MS. EGAN: It wouldn't matter. Even if they have the training and they use it and somebody gets, dies from it, ! think it could be very dangerous, very dangerous indeed. Now, again in that regard, have you been able to implement, ! believe in the paper a couple of weeks ago, you know, a second lieutenant and you know, better structure... SUPERVISOR HORTON: We are making strides in that direction. MS. EGAN: Strides. Stride-rites? SUPERVISOR HORTON: If there are no further comments from the floor on the resolutions, we will move to our resolutions prior to our public hearing. AMENDED, MARCH 23, 2004 By Resolution #222 #173 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following rate of pay for Town Director of Human Services: For full-time employees hired on or before June 8, 1999 Effective January 1,2002 Step Annual Salary 3 54,515.54 4 55,574.36 5 58,225.08 For full-time employees hired after June 8, 1999 Effective January 1,2002 Step Annual Salary Entry 45,426.15 1 47,926.15 2 48,926.15 3 50,276.15 4 51,276.15 5 53,776.15 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, March 9, 2004 Southold Town Board Regular Meeting 12 #174 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: From: Gifts and Donations Other Donations $ 575.00 Programs for the Aging Contractual Expenses Program Supplies/Materials A.6672.2.500.100 Programs for the Aging Other Equipment Vacuum Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Revenues: A.2705.40 To Appropriations: A.6772.4.100.110 $ 450.00 $ 125.00 Councilman Ross, Councilman Wickham, #175 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution # 153~ adopted at the February 24~ 2004 regular Town Board to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following officers to attend a two day Taser Instructor Training at the Riverhead Police Department on Thursday, March 4 and Friday, March 5, 2004: PO Kenneth Richert O~ c~** T ~,~ Det. Steven Harned Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #176 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning to attend the Mid-Atlantic Great Lakes Organized Crime Law Enforcement (MAGLOCLEN) Annual Business Meeting and Training Conference, commencing Monday, April 5 through Friday, April 9, 2004 in Cleveland, Ohio. Registration fee is $125.00. Travel and lodging will be paid by MAGLOCLEN. Additional costs will be for out of pockets expenses, if any. All expenses to be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #177 Moved by Councilman Wickham, seconded by Justice Evans, it was March 9, 2004 Southold Town Board Regular Meeting 13 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Sally Pankhurst~ Assistant Cook with the Human Resource Center, effective February 23, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #178 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant Martin Flatley to attend the International Association of Chiefs of Police training conference in coniunction with the Milford Massachusetts Police Department entitled "Managing the New Breed: Generation X in Law Enforcement", commencing Monday, April 19 through Tuesday, April 20, 2004 in Milford, Massachusetts. Registration fee is $285.00. Travel to be by Town vehicle. Additional costs will be for travel costs, lodging and out of pocket expenses, if any. All expenses to be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #179 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the removal and/or disposal of construction and demolition debris from the Cutchogue Transfer Station, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and 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. #180 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ March 23~ 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 the property owned by Joella Vreeland and Frank Wills. Said property is identified as SCTM #1000-106-1-7 and 1860 Ruth Road. The property is located on the north side of Ruth Road, in Mattituck. The proposed acquisition is for the entire approximately 0.86 acre lot. The lot area is subject to survey. The purchase price is $40,000 for the lot. The purchase is for open space and nature preserve purposes. 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, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 9, 2004 14 Southold Town Board Regular Meeting #181 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste District Capital Budget~ as follows: To Revenues H.5031.95 Appropriations H.8160.2.300.300 From Revenues H.5031.85 Appropriations H.8160.2.300.400 Pickup Interfund Transfers, Forklift Forklift Interfund Transfers, Pickup Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1,500 $1,500 $1,500 $1,500 Councilman Ross, Councilman Wickham, #182 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Valerie Scopaz to the position of full-time Town Plannin~ Director in the Planning Department at a salary of $59,469.50 per year, effective March 4, 2004, in accordance with the rules and regulations set forth by the Suffolk County Department of Civil Service. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #183 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ March 23~ 2004~ at 8:00 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 John B. Sepenoski~ Jr. and others. Said property is identified as part of SCTM #1000-69-1-6. The address is 37025 County Road 48, Southold, New York, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold. The development rights easement comprises approximately 34.3 acres of the 39.3 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $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. March 9, 2004 Southold Town Board Regular Meeting 15 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, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #184 Moved by Councilman Edwards, seconded by Justice Evans, WHEREAS pursuant to Chapter 39-5 of the Domestic Partnership Local Law enacted December 29, 2003, fees must be set by Town Board resolution, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby sets the fee for the Domestic Partnership Certificate at $20.00 and the fee for the Termination Statement at $20.00, and be it further RESOLVED that additional certified copies shall be $10.00 each copy. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #185 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Theresa Van Etten to the position of Senior Citizens Center Manager in the Human Resource Center at a salary of $41,245.71 per year, effective March 10, 2004. SUPERVISOR HORTON: I just want to say that Terry does a remarkable job at the Human Resource Center and she has been there several times in the evenings when we have had weather related emergencies and we have had to open up the Senior Citizens Center, she has done that, no questions asked. Come in on her own time and helped us out there, so it is a great pleasure to vote in favor of this resolution. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #186 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to supply the Southold Town Highway Department with Type 6 Asphalt to be applied by the Highway Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #187 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Damon Rallis~ Patricia Conklim Bob Fisher and Michael Verity of the Building Department to attend a March 9, 2004 Southold Town Board Regular Meeting 16 Fire Protection Training Seminar on March 24~ 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. Please be advised that this will be part of the mandatory in-service training required for Code Enforcement Officials. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #188 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS the Town Board of the Town of Southold has received and reviewed information and materials regarding the acquisition of a street sweeper and payloader for the Town Highway Department, now therefore be it RESOLVED that the Town Board of the Town of Southold, acting in the role of Lead A~enc¥ pursuant to the provisions of the New York State Environmental Quality Review Act {SEQRA~ Rules and Regulations~ hereby determines that the acquisition of a street sweeper and payloader for the Town Highway Department referred to above is a Type II Action and that no further review is required. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SM. 1930.4 SM.5610.4 SM.5711.4 SM.9060.8 SM.9710.7 From: SM.9030.8 #189 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Fishers Island Ferry District bud~et~ as follows: To: Insurance Claims 490 Elizabeth Airport 2,624 Office Expense 600 Hospital & Medical Benefits 316 Serial Bonds, Principal 24 Social Security Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 4,054 Councilman Ross, Councilman Wickham, #190 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Fishers Island Ferry District bud~et~ as follows: To: SM.7155.4 Theatre 1,184 From: March 9, 2004 Southold Town Board Regular Meeting 17 SM. 5709.2 Dock Repairs Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 1,184 Councilman Ross, Councilman Wickham, #191 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Fishers Island Ferry District bud~et~ as follows: To: SM. 1910.4 Insurance From: SM. 1420.4 Town Attorney Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 1,460 1,460 Councilman Ross, Councilman Wickham, #192 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: To: Revenues: A.3089.80 Appropriations: A.8830.4.400.200 State Aid Department of State Grant Shellfish, CE Eelgrass Culture Facility Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $9,207.42 9,207.42 Councilman Ross, Councilman Wickham, #193 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste District bud~et~ as follows: To Tires-Payloader/Truck $ 2,000.00 SR 8160.4.100.525 From SR 8160.4.100.565 SR 8160.4.400.625 Vote of the Town Board: Maint - Cat Quarry Truck Tire Repair Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 1,000.00 $ 1,000.00 Councilman Ross, Councilman Wickham, #194 March 9, 2004 Southold Town Board Regular Meeting 18 Moved by Councilman Ross, seconded by Councilman RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of United Services Group, Inc., in the amount of $19,340.00, for supplying the Solid Waste District with a new Gas Powered Forklift Truck. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #195 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: From.' A.3510.2.400.200 To: Revenues A.2705.40 Control of Dogs, Capital Outlay Environmental Consultants $1,750.00 Gifts & Donations Other $1,750.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #196 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 bud;~et as follows: To: Appropriations: A.3510.4.400.900 Control of Dogs, C.E. Contracted Services NF Animal League $ 5,700 A. 8160.4.500.400 Refuse & Garbage, C.E. DEC Monitoring Expense Hospital & Medical Benefits Sick Leave Buyout A.9060.8.000.000 A.9089.8.000.100 From: A.9010.8.000.000 6,987 81 5,775 ERS Retirement Benefits 18,543 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #197 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund March 9, 2004 19 Southold Town Board Regular Meeting Whole Town 2003 budget as follows: To: Appropriations: A. 1620.1.100.100 Buildings & Grounds, P.S. Full-time employee Regular Earnings $ 650 A. 1620.4.400.100 Buildings & Grounds, C.E. Building Maintenance & Repairs 500 A. 1620.4.600.300 Buildings & Grounds, C.E. With You, Southold Can 410 A. 5010.1.100.200 Superintendent of Highways, P.S. Overtime Earnings A. 5010.1.100.300 Superintendent of Highways, P.S. Vacation Earnings A. 5182.1.100.200 Street Lighting, P.S. Overtime Earnings A. 5182.4.200.250 Street Lighting, C.E. Street Lighting Power A. 5650.4.100.905 Off Street Parking, C.E. Asphalt A. 5650.4.100.995 Off Street Parking, C.E. Signs & Sign Parts Revenues A.2705.65 Gifts & Donations With You, Southold Can 410 From: Appropriations: A. 1620.1.200.100 Buildings & Grounds, P.S. Part-time employee Regular Earnings $ 650 A. 1620.4.400.200 Buildings & Grounds, C.E. Property Maintenance & Repairs 500 A. 1620.4.400.700 Buildings & Grounds, C.E. Building Rentals 12,700 A. 5010.1.100.100 Superintendent of Highways, P.S. Full-time employee Regular Earnings 1,000 A. 5182.1.100.100 Street Lighting, P.S. Full-time employee Regular Earnings 375 A. 5182.4.100.550 Street Lighting, C.E. Street Lighting Parts/Supplies A.9010.8.000.000 ERS Retirement Benefits Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 9,500 4,200 375 3,000 18,500 325 3,000 18,825 Councilman Ross, Councilman Wickham, #198 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was March 9, 2004 Southold Town Board Regular Meeting 20 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: From: Appropriations: A.6672.4.100.110 To Appropriations: A.6772.4. 200.400 Programs for the Aging Contractual Expense Program Supplies & Materials Programs for the Aging Contractual Expenses Water $ 445.82 $ 112.46 A.6772.4.400.650 Programs for the Aging Contracted Services Vehicle Maint & Repair A.6772.4.600.300 Programs for the Aging Miscellaneous Travel Reimbursement Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 325.11 $ 8.25 Councilman Ross, Councilman Wickham, #199 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Fishers Island Sewer District budget as follows: Revenues: To: S S2.5990.00 Appropriated Fund Balance Appropriations: To: SS2.1440.4.000.000 Engineer, C.E. From: SS2.8160.4.000.000 Refuse & Garbage, C.E. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $13,125.00 $1,400.00 11,725.00 Councilman Ross, Councilman Wickham, #2OO Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Wastewater Disposal District budget as follows: To: SS1.8130.4.200.200 Light & Power 1,900.00 SS1.8130.4.200.400 Water 125.00 From: March 9, 2004 Southold Town Board Regular Meeting 21 SS1.8130.1100.200 Overtime Earnings Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 2,025.00 Councilman Ross, Councilman Wickham, #201 Moved by Justice Evans, seconded by Councilman Romanelli, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 9, 2004, AUTHORIZING THE ACQUISITION OF EQUIPMENT FOR USE BY THE TOWN HIGHWAY DEPARTMENT AS FOLLOWS: (1) A STREET SWEEPER, AT THE ESTIMATED MAXIMUM COST OF $170,000, AND (2) A PAYLOADER, AT THE ESTIMATED MAXIMUM COST OF $140,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $310,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $310,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire equipment for use by the Town Highway Department, as follows: (i) a Street Sweeper, at the estimated maximum cost of $170,000; and (ii) a Payloader, at the estimated maximum cost of $140,000. The estimated total cost of the both items of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $310,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $310,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of $310,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (i) The period of probable usefulness applicable to both items of the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is hereby determined to be five (5) years. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that each specific object or purpose herein above described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review March 9, 2004 Southold Town Board Regular Meeting 22 is required. The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O2 Moved by Councilman Wickham, 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 the purchase of a new street sweeper for the Highway Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O3 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS the Orient Causeway Feasibility Project will cost a total of $150,000.00 and a National Scenic Byways Grant has been obtained in the amount of $120,000.00; it is hereby March 9, 2004 Southold Town Board Regular Meeting 23 RESOLVED that the Town Board of the Town of Southold hereby agrees to finance $30~000 (cash and in-kind contribution) of the Orient Causeway Feasibility Proiect (Proiect # SB-2003-n¥- 500399) as follows: $15,500.00 in Town Salaries $4,500.00 in-kind volunteer services $10,000.00 cash contribution for Technical Services Contract. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED MARCH 23, 2004 by Resolution #261 #204 Moved by Councilman Edwards, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold has determined that for purposes of the revised Subdivision Ordinance, a 50 percent reduction in Park and Playground Fees is appropriate for Conservation Subdivisions; and WHEREAS, that the revised Subdivision Ordinance will not be enacted before May 18, 2004; and WHEREAS, there are a number of applications currently pending before the Planning Board that meet the criterion of Conservation Subdivisions, namely that they would preserve in perpetuity more than 75 percent of the subject property, in accordance with the Subdivision Moratorium; and WHEREAS many of those applicants are seeking relief from the Park and Playground fee; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby sets March 23~ 2004 at 8:15 p.m. for a Public Hearing on a local law that would set the Park and Playground fee for Conservation Subdivisions as defined under the Subdivision Moratorium at $2~500 as soon as Local Law is enacted. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O5 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby agrees to an additional two (2) month extensiom to April 30~ 2004~ of the existing agreement between the Village of Greenport and the Town of Southold~ which is set to expire on December 31~ 2003~ and pursuant to which the Greenport Fire Department provides fire and emergency services to the East-West Fire Protection District, and be it further RESOLVED that the Village of Greenport shall be compensated for services rendered during the term of this extension according to the terms to be negotiated for renewal of the expiring agreement applied th retroactively to January 1, 2004, but not less than $26,384.31 per month (1/12 of the current annual fee of $316,611.68). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #206 March 9, 2004 Southold Town Board Regular Meeting 24 Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby requests Suffolk County District Attorney Thomas Spota to designate Southold Assistant Town Attorne¥~ Kieran M. Corcoram as Special Assistant District Attorney, for the purpose of prosecuting violators of the Codes of the Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #207 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christina M. Loria to serve au internship in the Southold Town Justice Court when she is available on college breaks, at no compensation. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O8 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney~ Patricia A. Finnegam to attend a CLE seminar on April 29~ 2004 in Hauppauge entitled "Public Sector Employment Law in New York State: A Primer. All travel expenses to be a legal charge to the Town Attorney 2004 budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O9 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning and Detective Steven Harned to attend the CTS Associates sponsored course entitled "Identity Theft - [lnderstanding and Investigation" commencing on Thursday, March 25, 2004, at the FOP State Headquarters, Hicksville, New York. Registration fee is $80.00 ($40 per person). Travel to be by Town vehicle. All expenses to be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #210 Moved by Councilman Ross, seconded by Councilman Romanelli, 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 Determination of Site Plan Requirement" is classified March 9, 2004 Southold Town Board Regular Meeting 25 as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5 (c)(20,27 and 28), and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #211 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Southold Marine Center in the amount of $2%619.00 for the purchase of two (2) Honda 200hp four stroke outboard motors, one to be counter rotating, for the Police Department Marine Division. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #212 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to Intervene on its behalf in the Matter of the Application of the Successor Trustee of the Will of Patricia Toner Troxel for an Interpretation and Construction of the provisions of said will, File No. 1054 P 1984 in the Surrogate's Court of The State of New York, Suffolk County. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #213 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Village Merchants to use the Main Road beginning at the corner Boisseau Avenue heading west to Tuckers Lane~ Southold~ New York~ for their "Home Town Parade" on Sunday, July 4~ 2004~ beginning at 12:00 noon and ending by 1:00 p.m., provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Lt. Flatley to be contacted at least ten (10) days prior to the event to coordinate traffic along route. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #214 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby approves the request of applicants Ralph and Patricia Pugliese to substitute a Certificate of Deposit in the amount of $5~500.00 in lieu of a performance bond or letter of credit, relating to applicants' minor subdivision. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. March 9, 2004 Southold Town Board Regular Meeting This resolution was duly ADOPTED. 26 #215 Moved by Councilman Ross, seconded by Councilman Romanelli, WHEREAS a hearing, following notice, was held on March 9, 2004 at 9:00 a.m. on the issue of unpaid disposal fees owed to the Southold Town Solid Waste District pursuant to Chapter 48 of the Southold Town Code, and WHEREAS testimony was presented that Shaun Bumble owes the Town of Southold $645.47 in unpaid disposal fees; it is therefore RESOLVED that, pursuant to Section 48-7 of the Southold Town Code, the Town Board of the Town of Southold hereby revokes all Disposal Permits of Shaun Bumble. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #216 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS a hearing, following notice, was held on March 9, 2004 at 9:15 a.m. on the issue of unpaid disposal fees owed to the Southold Town Solid Waste District pursuant to Chapter 48 of the Southold Town Code, and WHEREAS testimony was presented that John Rutkowski owes the Town of Southold $251.88 in unpaid disposal fees; it is therefore RESOLVED that, pursuant to Section 48-7 of the Southold Town Code, the Town Board of the Town of Southold hereby revokes all Disposal Permits of John Rutkowski. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #217 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to commence legal action in Supreme Court~ Suffolk County against The Estate of Grace R. Edson and Lewis Edson a/k/a Lefferts P. Edson, to enforce provisions in the Town Code. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #218 Moved by Councilman Romanelli, 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 engage the services of Lisa Kombrink~ Esq. to redraft Chapter 106 (Subdivision of Land) of the Southold Town Code pursuant to the relevant policies and procedures described in the Town's memo "Preliminary Draft Subdivision Regulations" of March 2, 2004, subject to the approval of the Town Attorney and according to these terms: · The full draft to be presented to the Town Board at its April 20th meeting; · Sections of the draft to be forwarded to the Town prior to April 20th, if possible; March 9, 2004 Southold Town Board Regular Meeting 27 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. · This work up to and including the April 20 draft to be compensated at a lump sum of $4,500 plus out-of-pocket costs; · Meetings with the Town Board prior to April 20th, and any further work on the draft requested by the Town after that date would be charged at Lisa Kombrink's municipal rate; and · All expenditures pursuant to this Resolution will be charged to the Planning Board's consultant line. Councilman Ross, Councilman Wickham, #219 Moved by Councilman Edwards, seconded by Councilman Romanelli, WHEREAS the Town Board wishes to appoint a hearing officer to consider disciplinary charges against an employee, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby retains Mary C. Wilsom Esquire~ as hearing officer in the disciplinary charges brought against a town employee, and be it further RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard K. Zuckerman, Esq. 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 this Town Board meeting be and hereby is declared recessed in order to hold two (2) public hearings in the matters of {1.) HEARING ON "A LOCAL LAW IN RELATION TO NO PARKING ON HUMMEL AVENUE~ SOUTHOLD~ NEW YORK" AND (2.) HEARING ON "A LOCAL LAW IN RELATION TO DETERMINATION OF SITE PLAN REQUIREMENT" Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, Meeting was reconvened at 5:58 P.M. #22O Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of February, 2004, a Local Law entitled "A Local Law in Relation to No Parking on Hummel Avenue, Southold, New York", 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, no therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 7 2004 A Local Law entitled "A Local Law in Relation to No Parking on Hummel Avenue, Southold, New York" March 9, 2004 28 Southold Town Board Regular Meeting BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to restrict parking on Hummel Avenue to provide additional safety for vehicle traffic and maintain the rural character of the neighborhood. II. Chapter 92, Section 92-41 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Name of Street Side Locations Hummel Avenue South At Southold, from the Southeast corner of Hummel Ave and Boisseau Ave, along the South side of Hummel Ave to the intersection of Hummel Ave and Young's Ave 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, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #221 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February 2004 a Local Law entitled "A Local Law in relation to Determination of Site Plan Requirement" 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. RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAI4~NO. 8 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. This Amendment will be consistent with New York State law. The change will also provide the Planning Department the opportunity to comment on the determination of the Building Inspector, before it becomes a final determination. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-253. Approval of site plan required. ~ .......... ~,, ,~,~: ...... :~ ~,~ After the filing of an application for a Building Permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five (.5) business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector March 9, 2004 Southold Town Board Regular Meeting 29 shall issue a final determination to the applicant, which shall in no event be more than fifteen (15) business days from the filing of the application. 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, if required, an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. III. 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. COUNCILMAN ROSS: Just basically, site plan, the determination as to whether site plan review is necessary was placed with the Planning Board some time ago and a little history is necessary. There was a perception that problems had arisen with respect to those determinations and when that happens, very often the permit is issued and the building is built and then it is really too late to revisit the issue. It is like trying to get the toothpaste back in the tube. It was in response to those perceived difficulties that were far in the past, but that was the reason the Town made the move and change that determination as to whether site plan review was necessary to the Planning Board. We have made a determination, the Board, I believe, that maybe it is time to move the determination back to the Building Inspector. However, we thought that the Building Inspector could use help with this issue and as much as we like to make things clear in the area of zoning, it is difficult. Sometimes it sounds like a semantic argument, issues of pre-existing use; accessory structures; what is accessory? They are not as clear cut as we would like them to be. Consequently, we provided in this legislation for some help to the Building Inspector and that help would be coming from the Planning Department, where an advisory opinion could be obtained and the intent was to help the Building Inspector make these decisions and to hopefully avoid misunderstandings that occurred in the past. And that is the intent here and we understand that there are some objections to the legislation and we have also basically come to understand that we are going to revisit this and watch it closely and with those understandings, I will vote yes in favor of the legislation. COUNCILMAN WICKHAM: My comments are similar to Councilman Ross. I was one of those who provided some leadership some 8 years ago to shift the responsibility to the Planning Department and I feel that it has worked well and frankly, I wouldn't have moved this particular motion today but as Councilman Ross said, there is a perception that we could improve the coordination, the efficiency of making these kinds of decisions and I am open to the motion that is before us today. Ultimately, votes like this are compromises; I would have preferred 10 or 15 days for the Planning Board to have an opportunity to make a comment. I would have preferred other things that would guarantee the transparency that other speakers have spoken for but I don't think it is going to happen in this vote so I support it. I am going to vote yes but like Councilman Ross, I am going to be open to further modifications of this as we see how the enactment and how the actual implementation of this law plays out. SUPERVISOR HORTON: I will say something briefly, before I vote. There is an effort underway, and I just say this in response to much of what I heard about the expedient review and simplifying processes as it relates to commercial applications and business applications. And I wanted to say that within the code itself, whether it is Chapter 45 or Chapter 100, there are a lot of inequities and much of March 9, 2004 Southold Town Board Regular Meeting 30 the code or there are significant portions of the code that need to be reviewed and need to be revisited, reviewed by the Board, by the Planning Board to make sure that what was put in place some time ago is working today, identify what is no longer working today and correct it. And that effort is actually underway and I want to take the opportunity to recognize Pat Finnegan, the Town Attorney who is really spearheading that effort, in holding inter-departmental meetings with the Chief Building Inspector, with the Principal Planner, with the Chairperson of the Planning Board and myself, when I can get to those meetings and actually identifying sections of the code that need clarification. So that is an effort that is underway and I think is going to bear fruit for the good of the entire community. So I just wanted to make that known and I also wanted to voice to the Board that like any piece of legislation, it should be revisited on a periodic basis, I agree with that to make sure that it is working. So this code should be reviewed, this piece of legislation should be reviewed again in a year, six months or a year, eighteen months out to make sure that it is doing what the legislative intent said it would do. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes the resolutions this evening. I turn the floor over to the public for town business. I am just letting the public know, I am leaving on my honeymoon tonight. COUNCILMAN ROSS: I think there is a motion to adjourn this to tomorrow morning? SUPERVISOR HORTON: Mr. Carlin. Yes, sir. MR. CARL1N: Good evening, ladies and gentlemen. Frank Carlin, the all time watchdog of Southold Town. The reason why I say that is because I have lived in this town for 50 years. And I stood before six different Supervisors, so I think I am well qualified to know what is going on and I remember one day back in 1984, when Catherine Simchik and I was campaigning against the Laurel bridge raised and the curve straightened out. And Joe Sawicki called me on the phone because we worked together, he was Assemblyman then and he was working in Albany and we was working in the Town. I remember what he said that day, to me on the phone, 'Mr. Carlin, there should be more people like you in Southold Town who gets involved with issues.' So we got all kinds of groups in this town, so I am going to be the watchdog in this town like I started out years ago. I want to tell you a story, Josh, if I may? Mr. Wickham will remember this, Louisa Evans will remember this and John Romanelli will remember this. The toughest Board meeting that I ever had to attend was back in 2001 of January 16th. When John Romanelli and I went at it about the Animal Shelter, we were firing torpedoes back at one another. He would fire one off and I would fire one off, our rpm's were 5,000. I could remember to this day, Supervisor Jean Cochran, sitting in your chair, trying to slow down the torpedoes. At the same time, banging up there with her gavel. 'Stop it, stop it-I have never seen a Board meeting like this before', so John and I, we both ran out of torpedoes or we drifted away. But the bottom line is, Josh, John still delivers oil to my house. And if I ever met him in McDonald's, I would buy him a hamburger. And to prove what I am saying, we made the front page of the Suffolk Times and here it is right here, January 18th, 2001. Here you go, here you go. 'Passion erupts at the Town Hall' that was my biggest one of my career, believe me. Had to liven up this meeting a little bit. Okay. Question. Have you decided on the price of these biodegradable paper bags yet? March 9, 2004 31 Southold Town Board Regular Meeting SUPERVISOR HORTON: I believe we are settling on 38 cents. MR. CARL1N: 38 cents. COUNCILMAN EDWARDS: You can buy the identical bag at Home Depot for 40 cents and pay sales tax or you can buy it here for 38 cents and no sales tax. MR. CARL1N: So 38 cents and you are paying 27.8 cents for them, right? SUPERVISOR HORTON: We are paying 27 cents a bag. MR. CARL1N: Well, the last Board meeting you said 27.8 but I will go along with you. SUPERVISOR HORTON: 27.8 sure. 28 cents a bag. MR. CARL1N: That is a lot different from the large yellow bags. You pay for the yellow bags 15 cents for the large bag and you charge 2.25. Isn't that kind of funny? Nobody is answering me. SUPERVISOR HORTON: I am not sure what your question is. MR. CARL1N: Not sure what my question is? If you are spending only 15 cents from the vendor to buy a large yellow bag, why you charging the people 2.25 for when you are buying this bag for 27 cents and you only charge them 38 cents? SUPERVISOR HORTON: Would you like to answer that? COUNCILMAN EDWARDS: Yes, I would like to answer that, ifI may. MR. CARL1N: I mean, I don't need a computer to explain this thing. COUNCILMAN EDWARDS: Okay, when you buy the yellow bag, what you are paying for isn't really the bag, it is the cost of hauling that trash out of Southold Town. That is what you are paying for. When you are buying this bag, you are paying for the bag because the bag is going to be mulched along with the leaves that go in it. That is the difference. MR. CARL1N: Mr. Edwards, I am not, this is not on my issue tonight. I will continue that one at the next Board meeting because I usually don't do this, warn you ahead of time what my agenda on the next Board meeting but it will be about the composting plant. But now, what I am going to ask you a question. COUNCILMAN ROMANELLI: We might be throwing torpedoes again, then. MR. CARL1N: We can never beat that one, John. COUNCILMAN EDWARDS: No, but the question you asked is a good one and I think that people do need to understand the difference in what they are paying for. One is the bag, the other is the service. March 9, 2004 Southold Town Board Regular Meeting 32 MR. CARL1N: Okay, Josh. We have 19 committees in this town. SUPERVISOR HORTON: That is all? We had better get creating some more. MR. CARL1N: 19. That is right. That is what I am here for. Why don't we have one, now this is nothing to do with building the Animal Shelter. Before ! get into this, ! want to wish the Town Board lots of luck and success in getting this Animal Shelter built. This has nothing to do with building the Animal Shelter. This has something to do with why don't you have a committee for the Animal Shelter? Or let's put it this way, oversight committee. SUPERVISOR HORTON: The Town Board acts as an oversight committee with any agency that we contract with. MR. CARL1N: In other words, then your Tree Committees, you don't have other people on it? SUPERVISOR HORTON: We do have a Tree Committee with other people on it, yes. MR. CARL1N: Well then, why don't you have a committee with people for the Animal Shelter? want to say something to you, Josh. SUPERVISOR HORTON: We pay for service. MR. CARLIN: I want to say something to you, Josh. SUPERVISOR HORTON: I am all ears. MR. CARL1N: Back in 1991, Supervisor Scott Harris called me up on the phone. We had a problem with the Animal Shelter with dogs barking. Called me up on the phone and he says, 'Frank, do you want to get on the committee to try to resolve this problem with the barking of the animals?' ! said, 'Yeah, ! will give you a hand.' We had five members on that committee, ! was one of them. Alice Hussie was the chairperson on it. We had two jobs to do. One to resolve the problem with the barking and the other one to find a relocation for the shelter. SUPERVISOR HORTON: What did you do about the dogs barking? MR. CARLIN: And these are the memos that were sent to me from Scott Harris, 91, and from Judith Terry, the Clerk. I got it right here. Our names are all on the committee and so on. So we worked together along with Jamie Richter and with Supervisor of the Highways, Ray Jacobs. And we resolved the problem. And here is the letter that Jamie Richter wrote, recommending the changes. And here is even the blueprint. We resolved the problem because we had a committee. We went to the relocation committee portion of it and we looked at three areas. One was the landfill. Couldn't have it at the landfill. State Agriculture and Marketing wouldn't allow it at that time because the landfill was still open. It is closed now. Then we went to Moore's woods. Greenport wasn't interested in it, wouldn't pursue it. Then we went to Emerson property, right here. Emerson property, the Town didn't have the money to buy the property. We gave up because we didn't even have any plans to build a shelter, so why look for any more property. But I am trying to show you the value of having a committee, especially at the Animal Shelter. Because there is $150,000 of the taxpayers account supporting that March 9, 2004 Southold Town Board Regular Meeting 33 Shelter and ! believe that you should have a committee. Not alone a Town Board committee, liaison. A committee. That is my recommendation. And ! would suggest when you do build a new shelter, you have one. Scott Harris, back in 1991, could foresee this and therefore these committees and ! don't know why this Board don't have it. And if you can have 19 committees, you sure can have one for the Animal Shelter. What you say on that? SUPERVISOR HORTON: ! say that as far as the Animal Shelter is concerned, we are moving along very well .... MR. CARL1N: I am not asking about the Animal Shelter being built now because that is out of my hands now, ! worked enough on it over the years .... SUPERVISOR HORTON: I think that it is... MR. CARL1N: Don't leave it up to the Town Board to do that, Josh, I am asking the question about this committee. SUPERVISOR HORTON: Yeah, an oversight committee is what you are talking about. MR. CARL1N: Yeah, it is simple. It is simple. What is wrong with it? What are you scared of?. SUPERVISOR HORTON: Do you want my answer, Frank? MR. CARL1N: Yeah, go ahead. SUPERVISOR HORTON: Okay. My answer is that ! think it is something to be taken under consideration, it is a possibility and the Town Board would have to carefully review it as to whether it is necessary or not. MR. CARL1N: Why does it have to be carefully reviewed, Josh? SUPERVISOR HORTON: Frank, you wanted my answer, I gave it to you. That is what I could do. MR. CARL1N: To oversee the shelter. What is wrong with that? You didn't need any to look over the 19 committees that you have here. So what is more important than looking... SUPERVISOR HORTON: MR. CARL1N: What? SUPERVISOR HORTON: You know what is important to me, Frank? What is important to me is that we get a new shelter built ..... MR. CARL1N: Absolutely. That is not what we are arguing about. SUPERVISOR HORTON: And that we are providing sufficient service under New York State Ag and Market law, which we do through contracting the North Fork Animal Welfare League. March 9, 2004 Southold Town Board Regular Meeting 34 MR. CARL1N: A shelter committee also. I think that should be done. SUPERVISOR HORTON: Okay. Understood, sir. MR. CARL1N: You know, Josh. There is a lot of things you don't know about me yet. But ! will tell you, you will learn. The hard way. Because ! will tell you why. When ! get on an issue, ! don't give up so easy. ! proved it on two of them. The straightening of the curve and the McDonald's, which ! am damn proud of. See me in McDonald's, ! will buy you a hamburger, John. COUNCILMAN ROMANELLI: Alright, thank you. SUPERVISOR HORTON: Are there other issues for the town? Yes, Mr. Bell. PETE BELL: Pete Bell, Cutchogue. ! would just like to read a letter that ! sent each one of you so that the people here understand a little bit better about what ! am talking about. 'As you may recall, several Town Board meetings ago, ! spoke about what ! perceived as a serious traffic problem. ! would like to share some thoughts with you about it. In our town we have a two-lane road, one in each direction. Consequently those wishing to make a left turn often have to wait for traffic coming in the other direction to clear, most often those drivers behind that car will pass on the right going over the white line and onto the shoulder to pass. The problem as ! see is that this lane is used by bike riders, often young children, farm workers and occasionally joggers. Pedestrians often use this shoulder because of the absence of sidewalks. At dusk and at twilight they become vulnerable, as the enclosed New York Times article illustrates, they talk about many people being killed on the parkway and the unfortunate part of it is, it is the poorer people who are being killed on the parkways, mostly the Hispanics who walk to work or ride a bike to work' SUPERVISOR HORTON: Mr. Bell, if you would address the Board, please. MR. BELL: I am sorry. SUPERVISOR HORTON: Thank you. MR. BELL: ! believe that schools should provide reflective vests to those students who use bikes to get to and from school and farm owners should provide their workers who use bikes to get to and from work. Maybe the Town, through the Highway Department, could provide them at cost to those schools and farmers. We don't want a terrible accident to occur in our town, ! am sure you feel the way, as ! do. That is life in our town. ! don't know how you are going to stop cars from passing on the right but it is against the law. You may not drive, this is from the Department of Transportation of the State of New York, you may not drive on or across the shoulder or edge line of the road unless a sign permits it. So everyday, myself included, although ! have resolved myself that ! am going to stop, ! am not going to pass a car on the right, but ! think we should do something. Now, what form it takes, ! don't know. ! am just giving you some suggestions. SUPERVISOR HORTON: Mr. Bell, you wrote that letter to me this week and ! have taken the letter and your idea about vests, particularly made available through the agricultural industry and ! have March 9, 2004 35 Southold Town Board Regular Meeting asked the Long Island Farm Bureau if there is a way that they could sponsor a program of that nature through their membership, which most people involved in the agricultural industry are members of. And I think your letter has a lot of efficacy and you know, a lot of merit so we are pursuing it in partnership with the Long Island Farm Bureau. MR. BELL: How can we do that with the school system? You know, the kids who take their bikes and they have the bike racks .... SUPERVISOR HORTON: I can bring it to the attention of the Superintendents as well. MR. BELL: In other words, anybody that uses a bike rack, must wear the vest. SUPERVISOR HORTON: And also there is a tremendous amount of parental responsibility, as well. MR. BELL: Okay, thanks a lot. SUPERVISOR HORTON: Thanks. Mrs. Egan. MS. EGAN: Number one, about four weeks ago I came to Town Hall to make an appointment with our Town Attorney, Mrs. Finnegan and I was told, with she present, speaking to her new secretary that she had to get your permission, Mr. Horton, to have a meeting with me. Is that so? SUPERVISOR HORTON: The Town Attorney works for the Town Board .... MS. EGAN: Oh, she works for me, too. SUPERVISOR HORTON: We disagree on that, Mrs. Egan. MS. EGAN: No. She gets paid with my tax money. But answer the question. SUPERVISOR HORTON: Well, the answer to your is that she works for the Town Board and not you and you are, Mrs. Egan, you are asking specific legal questions that are pertinent to you and only you .... MS. EGAN: No, no. That is, you are presuming what I am going to ask her and you don't know what I am going to ask her. SUPERVISOR HORTON: Mrs. Egan, you asked for a meeting on a letter that you sent to me and to Greg. MS. EGAN: And other issues. SUPERVISOR HORTON: Well, Mrs. Finnegan works for the Town Board and she is to meet with the Town Board and other town agencies. MS. EGAN: Can I make an appointment with Mrs. Finnegan on other issues? March 9, 2004 Southold Town Board Regular Meeting 36 SUPERVISOR HORTON: If it is pertinent to issues that the Town Board are currently working with, it is a possibility. MS. EGAN: Only a possibility. SUPERVISOR HORTON: However, Mrs. Egan, you coming to the window and insulting the people who work in my office .... MS. EGAN: ! did not do that and don't make, you insulted me many times. Alright, let's leave it alone. You are wrong and the public is listening. Now, ! would suggest very strongly that a resolution be made and this is very important, that no Supervisor run for more than two terms. And now that you have this interim Police Commissioner thing, darling, you will have another job available for you (tape change) Now, Mr. Romanelli, how are you working on the noise control? And ! don't find anything funny. Have you made any progress? COUNCILMAN ROMANELLI: It is out of my hands. MS. EGAN: Well, whose hands is it in? Gods? COUNCILMAN ROMANELLI: I don't know who is on code committee this time. SUPERVISOR HORTON: Councilman Wickham and Councilman Ross. MS. EGAN: Mr. Ross, have you done anything or Mr. Wickham? And the answer to that is yes or no. COUNCILMAN ROSS: No. MS. EGAN: Great. When are you going to. COUNCILMAN WICKHAM: When there is strong interest in the part of the community. MS. EGAN: Oh, ! think you only have to pick up the papers, either the Traveler-Watchman or the Suffolk Times or listen to people walking around the streets. You need noise control and you can't ask the police to do it, we don't have enough police officers to do that, it is a difficult job, which now leads me to another point. You need another code enforcer. Maybe a younger, more experienced code enforcer. You don't have one and you need one and that code enforcer could enforce the noise control. Mr. Romanelli, are you still on roads and water run-off? COUNCILMAN ROMANELLI: No. MS. EGAN: Who is? COUNCILMAN ROMANELLI: I don't know. MS. EGAN: What, did you retire? March 9, 2004 37 Southold Town Board Regular Meeting COUNCILMAN ROMANELLI: No, just different responsibilities this time around. MS. EGAN: Really. ! haven't seen any. COUNCILMAN ROMANELLI: Okay. MS. EGAN: So who is? COUNCILMAN ROMANELLI: ! believe that is under the jurisdiction of our Highway Superintendent. MS. EGAN: Oh, ! don't think so. COUNCILMAN ROMANELLI: I believe so. MS. EGAN: ! think that is part of the Town Board. COUNCILMAN ROMANELLI: Don't think so. MS. EGAN: You have run-off water terribly especially down there by Sunrise Bus and Riverhead Lumber. Alright now, Mr. Horton, you are now Police Commissioner. It really doesn't mean very much but if you enjoy it, that is fine. New title. It will be on your tombstone. Now, have you done anything in regard to all town employees including the Police Department and those working here for Town Hall in regard to urine and blood tests for alcohol, drugs and steroids? SUPERVISOR HORTON: No. MS. EGAN: When are you? It is a very important, every other Town is doing it. SUPERVISOR HORTON: We don't have any legal authority to mandate that employees of the Town have urine or blood tests prior to their coming to work. MS. EGAN: Well, as Police Commissioner and Supervisor why don't you get working on that? ! think you ought to do it. Do you come to court here on Fridays and hear the reports? SUPERVISOR HORTON: Mrs. Egan, it is unconstitutional. MS. EGAN: Oh, ! don't know about that, Josh. Who told you that? Who? You, Mr. Ross? SUPERVISOR HORTON: Mrs. Egan, we have no legal authority to mandate that our employees have alcohol tests. MS. EGAN: In other words, what you're telling me that all the other places that are doing it are breaking the law? March 9, 2004 Southold Town Board Regular Meeting 38 SUPERVISOR HORTON: There are no other Towns that do that, Mrs. Egan. MS. EGAN: Oh yes they are. Oh yes they are. SUPERVISOR HORTON: Okay. MS. EGAN: Are you going to look into it? Maybe Mrs. Finnegan could look into it? That is the Town Attorney. Golly, that just doesn't affect me. SUPERVISOR HORTON: We can only call for that on very special circumstances and when it is warranted, we would do that. MS. EGAN: Only when it is warranted. Preventative medicine .... SUPERVISOR HORTON: We can't do it carte blanche. Is there anything else you would like to address the Board on? MS. EGAN: ..... preventative medicine is much cheaper than curing the problem. Much, much cheaper. Now, ! notice we have some new police vehicles. Are we borrowing them from Riverhead or are they new? The ones with the wide blue band on them? SUPERVISOR HORTON: Those were purchased. Those are new. They are just put into the fleet this year. MS. EGAN: ! don't miss a trick, do I? Now, ! did give you some band-aids and some tape to patch the roof. It is ridiculous that you are going to spend that money. Now, let me see if ! have gotten everything. Noise control. Now this, we have got that. ! think ! gave you some homework. ! don't think any of you are doing much at all, to tell you the truth. SUPERVISOR HORTON: Ms. Tole? CATHY TOLE: Cathy Tole from Greenport. And Pat, maybe you can correct me if ! am wrong, ! believe that drug and alcohol testing, random drug and alcohol testing is a matter of usually union contract. However, it may be something that can be brought upon appointed individuals, ! don't know. But it really is something that the Town should consider in its future negotiations. You can't enforce it, you can't do anything about it without negotiating it but it is sort of an issue that the Town should be contemporary about. SUPERVISOR HORTON: That point is very well made and you are absolutely right on that but the idea of having employees take blood or alcohol test upon each day of arriving at work is something that is not in the realm of possibility. But your point is very well made, ! agree with you 100%. Every organization that ! have worked for has that. Mr. Wagner. DON WAGNER: Good evening, ! am Don Wagner, Route 48, Southold. ! was here in January regarding our potential traffic gridlocks this coming summer, which is only roughly three months away, and the bad news is that we have had a third Town join the NIMBY situation, Not In My Backyard, it started with Brookhaven didn't want a ferry from the old Shoreham power plant, East March 9, 2004 Southold Town Board Regular Meeting 39 Hampton doesn't want a ferry from either Montauk or the Amagansett area and the latest is Riverhead, doesn't want a ferry from the Northville oil terminal there. So we are really getting down to very limited possibilities here. I know the Suffolk County Legislature is in the process of determining whether they are going to allow the ferries to Shelter Island to raise their rates. I personally think that they should be allowed to raise the rates for non-residents of Shelter Island to cut down on the traffic here on the North Fork, because we are going to be clobbered. I do notice, have you heard anything since January? Are there any ways that we can improve the traffic congestion, which will exist here anytime after Memorial Day, particularly on weekends. I notice on page one, the bottom of page one of your agenda for today, you mention that the Long Island Sound Waterborne Transportation plant is coming here on March 25 and I would urge the Town Board to have at least one representative at each of these meetings, which I received a notice on that, too. Thursday, March 25, there are two meetings here, one at 3:30 P.M. and one at 7:00 P.M. And I would, let's find out if anybody is going to do anything to help the people of Southold. Right now we are not doing very good and I hope I don't have to wait five minutes to make a left-hand turn out of my driveway on Route 48 anytime after Memorial Day until Labor Day. Thank you. SUPERVISOR HORTON: Thank you, Mr. Wagner. Would anyone else care to address the Board? COUNCILMAN ROSS: I would just have one thing to say. The Mattituck High School boy's Varsity basketball team is playing for the Long Island C Championship tonight against Friends Academy of Nassau and we want to wish them the best of luck. Moved by Supervisor Horton, seconded by Councilman Ross, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 6:30 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. Elizabeth A. Neville Southold Town Clerk