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HomeMy WebLinkAboutTB-05/04/2004SOUTHOLD TOWN BOARD REGULAR MEETING May 4, 2004 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, May 4, 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: Welcome to the May 4, 4:30 P.M. public meeting of the Southold Town Board. There are a number of times afforded to the public to address the Town Board on specific town items over the course of the meeting. The first time for the public to address the Town Board is prior to the reading and the voting of any of the resolutions that are on the printed agenda. If you have a question about a specific resolution, you may address the Board prior to us voting on them. ! ask that when you do address the Town Board, you do so from one of the two microphones located at the front of the room and state your name and place of residence clearly so that we can have that as part of our record. We also offer the floor to the public after the voting of resolutions and you may address the Board on specific town business. As well, we have a number of public hearings on this evening and again, the public will be afforded the opportunity to speak over the course of those public hearings about those specific public hearings. We have reports, notices, communications and other town correspondence available for the public to review at the Town Clerk's office, which is open 8:00 A.M. May 4, 2004 Southold Town Board-Regular Meeting 2 to 4:00 P.M. Monday through Friday, and you may see those items on request at the Town Clerk's office. And if we could move forward with a motion? 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 $56,315.06; General Fund Part Town bills in the amount of $4,954.57; Highway Fund Part Town bills in the amount of $6,769.12; Capital Projects Account bills in the amount of $183,527.43; AG Land Development Rights bills in the amount of $44,337.28; Landfill Cap & Closure bills in the amount of $105,060.00; Open Space Capital Fund bills in the amount of $418,282.72; Community Preservation Fund (2% tax) bills in the amount of $723,121.80; New London Terminal Project bills in the amount of $20,109.33; E-W Fire Protection District bills in the amount of $237,985.76; Fishers Island Ferry District bills in the amount of $33,517.26; Refuse & Garbage District bills in the amount of $37,434.28; Southold Wastewater District bills in the $1,034.62; Southold Agency & Trust bills in the amount of $12,682.05 and Fishers Island Ferry District Agency & Trust bills in the amount of 82.24. 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 Romanelli, it was RESOLVED that the minutes from the April 20, 2004 Regular Town Board meeting be and hereby are 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 Romanelli, it was RESOLVED that the next Regular meeting of the Southold Town Board will be Tuesday, May 18, 2004 at 7:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Board 2. Island 3. Town 4. Town 5. Town 6. 7. 8. of Town Trustees - March 2004 Group Administration, Inc., Claim Lag Report - through March 31, of Southold Budget Report - for month ended December 31, 2003 of Southold Budget Report - for month ended January 31, 2004 of Southold Budget Report - for month ended February 29, 2004 Town of Southold Budget Report - for month ended March 31, 2004 Southold Town's Program for the Disabled - August 2004 events Southold Animal Shelter - April 2004 2004 II. PUBLIC NOTICES May 4, 2004 Southold Town Board-Regular Meeting 3 US Army Corps of Engineers, NY District, Notice of application of Frances and John DiVello to install a fixed pier assembly in Mapes Creek, Mattituck Creek, Mattituck, Town of Southold. Written comments by May 27, 2004. III. COMMUNICATIONS 1. Letter from Mayor Sue Allen, Southwold, re greetings. SUPERVISOR HORTON: At this point we will offer the floor to the public to address the Board on any of these specific resolutions that are on the agenda. Yes, Mr. Carlin. FRANK CARL1N: Good afternoon, ladies and gentlemen. #388 SUPERVISOR HORTON: That is authorizing me to sign an agreement, a contract with the North Fork Animal Welfare League. MR. CARL1N: For how long? SUPERVISOR HORTON: ! believe it is a four year agreement. MR. CARL1N: Why would you want to sign it for four years? We have always had it for one and ! can remember maybe at the most, for two. Why all of a sudden you need a four year contract? SUPERVISOR HORTON: Right. You are correct in that. It has been traditionally a one year contract if not a two year contract. ! think our last one was a three year contract, if ! am not mistaken. COUNCILMAN ROMANELLI: Yes, the last one ! negotiated a few years back was three. MR. CARL1N: Why are you going for four now? SUPERVISOR HORTON: ! will answer your question, Mr. Carlin. The last contract was a three year contract and we have had a 23 year total contracted relationship with the North Fork Animal Welfare League and obviously we have to provide for service dealing with the animals in town and this is the method that we have, again, chosen to go. Three years, four years, it makes it much easier to execute that as opposed to having to review it on an annual or bi-annual basis. MR. CARL1N: Probably makes it a lot easier for the League. Not you. SUPERVISOR HORTON: It makes it easier for us, as well. MR. CARL1N: Who made this, who come up with this idea? Who made this... SUPERVISOR HORTON: The Town Board unanimously agreed to this. MR. CARL1N: ! think you are wrong. ! can't see it being four years. ! think three years at the most. Most of all your unions are mostly three years. Why all of a sudden we have to go to four? May 4, 2004 4 Southold Town Board-Regular Meeting SUPERVISOR HORTON: We negotiated in good faith. MR. CARL1N: ! can't help what you negotiated. ! am talking about .... SUPERVISOR HORTON: Mr. Carlin, ! gave you an answer and you don't like the answer and ! can't help that. MR. CARL1N: ! don't like it. SUPERVISOR HORTON: That is, right, ! understand that. MR. CARL1N: Because if we can survive with a three year contract and now all of a sudden we got a four year contract. Don't make sense to me. SUPERVISOR HORTON: Our interest is making sure that the service is provided. MR. CARL1N: Well, service should be provided no matter if it's one year contract, Josh. That is not the, that is not an answer. If you sign a contract for one year, the service should be there. If you sign a contract for three years, the service should be there. That shouldn't have nothing to do with stretching it out to four years. It doesn't make sense. SUPERVISOR HORTON: Okay, your point is well taken. MR. CARL1N: Knowing that the background of this whole history here, ! have a lot of reasons to challenge it. Bt like ! say, it is better for you and ! to, like ! said at the last Board meeting, to sit down one on one and discuss some of these things, whenever you want to do it. SUPERVISOR HORTON: ! am happy to do that and actually I.. MR. CARL1N: ! am still waiting for you to call me. SUPERVISOR HORTON: Wednesday night, 6:00 P.M. to 9:00 P.M., ! am here. MR. CARL1N: Well, ! might be busy. SUPERVISOR HORTON: Alright, ! will call you. ! will give you a call. Mrs. Wolf. DOROTHY WOLF: ! guess ! am addressing the same #388. ! don't know if ! have a problem with the four years. First ! would like to know what the amount of money the League will be earning in that period, per year. SUPERVISOR HORTON: ! believe the numbers are based on an annual four percent increase. So in 2004 would be $156,000; 2005 would be $162,240; 2006 would be $168,729 and 2007 is $175,478. MRS. WOLF: Thank you. ! assume that by giving them a four year contract, you all have great faith that they will be able to run a $2.5 million shelter if we ever see one. May 4, 2004 Southold Town Board-Regular Meeting SUPERVISOR HORTON: Yes. MRS. WOLF: Okay. Sometime ago, ! addressed you and ! talked to you passionately about the need for an oversight committee and the Board felt that that was not something that they wanted to do and of course, Frank Carlin has been here meeting after meeting, calling for exactly the same thing but there was an answer given which ! reluctantly and unhappily but ! accept, there is nothing else that ! can do, when asked who will be the oversight committee, it was made obvious, Josh, you said 'We will be the oversight committee'. Meaning the Board. SUPERVISOR HORTON: Yes. MRS. WOLF: So you are the oversight committee and as the oversight committee, ! just have three questions ! would like to ask you as oversight committee; do you have an up-to-date membership list from the North Fork Animal League, which shows how many members pay taxes here and how many don't? SUPERVISOR HORTON: No. MRS. WOLF: You don't. As oversight committee, do you have, that is from Mrs. Cosimano, the president; do you have a up-to-date treasurer's report from Mr. Cosimano, who is the treasurer? SUPERVISOR HORTON: What is the most current report filed? COUNCILMAN WICKHAM: We have a quarterly audited report, from their auditor, that shows their financial picture, that shows the income and expenses and their financial background for the quarter. MRS. WOLF: Tom, it is totally audited? COUNCILMAN WICKHAM: It is audited. MRS. WOLF: That is your answer, ! accept it. And of course, the most pressing question, which ! have been asking, which Frank Carlin has been asking and all of us that are concerned about. As oversight committee, do you have a factual piece of paper, which breaks down how the North Fork Animal League spent $200,000 on legal fees? $200,000; that is more than a quarter of their reserve fund. Do you have a breakdown, of how they spent that money? SUPERVISOR HORTON: No, we don't. MRS. WOLF: Without this information, this valuable information for us the taxpayers, wouldn't it serve the community goodwill and everybody else, if you were to defer passing this resolution for just, from now until the next Board meeting to get answers to these questions. $200,000 is not chicken liver. It is tax money. You have given them the option... SUPERVISOR HORTON: No, no. That is not tax money, Mrs. Wolf. The money we pay on an annual basis is to the League to provide, to run the Animal Shelter, which is monitored by New York State Ag and Markets and everything that they do as far as the service being delivered has to be under May 4, 2004 Southold Town Board-Regular Meeting the approval and are subject to inspections. goes to the League to run the Shelter. 6 So the money, the tax money involved is the money that MRS. WOLF: Well, they have $200,000 from their reserve .... SUPERVISOR HORTON: And if they spend money out of their reserve, that is through contributions, that is not the Town's business. MRS. WOLF: The Town has no obligation to account for how they spent $200,000 on legal fees? You have no obligation to give us that information or at least to seek it for your own selves? You have no obligation to do that? SUPERVISOR HORTON: ! do not think we do, no. MRS. WOLF: ! am very disappointed to hear that and ! hope the community is, too. If you don't see the advisability of holding this off for another two weeks, then there is something wrong and ! saw it last week with someone addressing the Board about something having to do with a piece of equipment for Mr. Bunchuk. You ask the public, you invite the public and you know what you do to the public. And ! think that is very unfortunate and ! am very sorry about that. A goodwill gesture would be to hold this up for two weeks and ! can only hope that you will. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Wolf. Are there other comments from the floor in regard to the printed resolutions? Yes, Mrs. Egan. JOAN EGAN: Yes. Good afternoon, Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Mrs. Evans, Mr. how are you, dear? Mrs. Neville and Mrs. Finnegan. Good afternoon, everybody. ! am Joan Egan, from East Marion. Now, ! have only one question as far as the Animal Shelter is concerned and that is in regard, do we the public have any input after it is done? How it will be done or any changes; that is separate from you? SUPERVISOR HORTON: What resolution are you addressing, Mrs. Egan? MS. EGAN: Well, about the Animal Shelter and what you are going to do about that and what have you. SUPERVISOR HORTON: You are addressing a specific resolution? That resolution is about a contractual relationship with the League about running the facility. MS. EGAN: Well, what ! am wondering, if and when the contract is signed, that we as taxpayers have any input on how and what they do up there? SUPERVISOR HORTON: The League is required to fulfill specific obligations. MS. EGAN: To whom? SUPERVISOR HORTON: To run the Animal Shelter. May 4, 2004 7 Southold Town Board-Regular Meeting MS. EGAN: And who are they answerable to? SUPERVISOR HORTON: They are answerable to the Town. If they do not fulfill their obligations, MS. EGAN: So then we as taxpayers have some input there? SUPERVISOR HORTON: Yes. MS. EGAN: And how does one address that? Through you or through them? SUPERVISOR HORTON: ! think if you have specific concerns with how the Shelter is run .... MS. EGAN: Oh, ! do, dear. SUPERVISOR HORTON: Okay, then you should bring those to the attention of my office. MS. EGAN: Oh, ! bring lots of things to your office and they just fly away. SUPERVISOR HORTON: Yes, you do. MS. EGAN: Alright. Resolution #359, now, ! think it is great, ! keep repeating myself but maybe someday it will get through. That is Captain Flatley will be going away from the 13th to the 18th. Now, that leaves an empty chair at the Police station and that is wrong. Not at that salary. Now, item 360, who is this young lady and how was she appointed and what school is she from? SUPERVISOR HORTON: ! believe she is from .... MS. EGAN: ! don't like 'I believe', you should know. SUPERVISOR HORTON: Southold. MS. EGAN: Always Southold. ! never hear of them from Greenport or Cutchogue... SUPERVISOR HORTON: Actually, you are incorrect about that. We recently had an intern over the winter from Greenport. MS. EGAN: Wonderful. Now how was she selected? SUPERVISOR HORTON: She was selected by the judges. MS. EGAN: Well, did she fill out a form or was she just picked .... SUPERVISOR HORTON: She inquired with the Justice Court and they interviewed her and found her suitable to fulfill the internship. May 4, 2004 Southold Town Board-Regular Meeting MS. EGAN: Alright. Item #363, this is, we went over this at the last Town Hall meeting, which incidentally that meeting was hardly reviewed on TV, you know on Channel 22 and I am very, very much wondering why. Perhaps you didn't want people to know what happened at that meeting. SUPERVISOR HORTON: Okay, #363 is a budget modification for re-surfacing projects by the Highway Department. MS. EGAN: Yeah, well let's see that we do a better job and take better care of the equipment. SUPERVISOR HORTON: Got that, Pete? MS. EGAN: Oh, here we go, here we go with the Human Resource Center. #364, again, we are losing more people, more change up there and as I have said, those people, those seniors that want to use that center, that is their privilege but they don't like change. Same as they don't like when mama changes the recipe in the kitchen. They like to know the food. SUPERVISOR HORTON: Well, I can tell you that yesterday at the BOth anniversary .... MS. EGAN: Pardon? SUPERVISOR HORTON: Yesterday at the BOth anniversary, the celebration of the Senior Citizen Program... MS. EGAN: Big deal. SUPERVISOR HORTON: That the response of the changes, the response from the people that were there, which was about 150, to the changes that have taken place over the last few years, the response was overwhelmingly supportive. MS. EGAN: Great. That doesn't answer my question, why we have so many changes, there has to be a lack of leadership .... SUPERVISOR HORTON: Just looking to hire a good cook. MS. EGAN: Pardon? SUPERVISOR HORTON: We are just looking to hire a good cook for the Nutrition Center. MS. EGAN: Well, you have been doing that, you have been changing people up there, either the drivers of the bus or the people up there or the furniture. It is mismanaged. SUPERVISOR HORTON: Okay. MS. EGAN: #365, now again is also, that is for Chief Cochran and he will be away from August 8th and in June and again, there is an empty chair up at the police station. He makes $95 almost $100, I think that is ridiculous. May 4, 2004 9 Southold Town Board-Regular Meeting SUPERVISOR HORTON: Okay. MS. EGAN: Oh, #370. More money. We never had so much monies being spent at the Human Resource Center as we have in the last few years. SUPERVISOR HORTON: Mrs. Egan, you have a personal grudge towards the director... MS. EGAN: No, don't tell, Mr. Horton, excuse me... SUPERVISOR HORTON: ! would ask that you stop taking it out on her. MS. EGAN: Excuse me, Mr. Horton. Don't put words in my mouth .... SUPERVISOR HORTON: Those are your words. MS. EGAN: ! do not. ! listen to the people outside and they're not as happy as you would think. But don't you tell me ! have personal grudges. You wouldn't want me to have one against you, would you dear? Okay, #377, now, this is budget for the Police Officer Training. SUPERVISOR HORTON: That is correct. MS. EGAN: ! realize that. ! can read. Now, ! would also, ! was going to address this afterwards and if you want me to, ! would like to know where in gods name all the monies are going to come from for the new move up in the Police Department. All the overtime that the Sergeants can make, the Lieutenants can make and all of that and even though we are hiring more police officers, it is going to be a big, big deficit for our budget. You have that under control. SUPERVISOR HORTON: Yeah. All the moves that we have made within our police department is within our current budget, the '04 fiscal budget. MS. EGAN: Well, we will watch that. SUPERVISOR HORTON: Yes. MS. EGAN: Now, who is this Mary C. Wilson? Is she a ..... SUPERVISOR HORTON: She at one time served in the Town Attorney's office as the Assistant Town Attorney to the town. MS. EGAN: And where does she work now? SUPERVISOR HORTON: MS. EGAN: Where? SUPERVISOR HORTON: believe she is in her own practice. In Southampton. May 4, 2004 Southold Town Board-Regular Meeting 10 MS. EGAN: In, now, here we go. Out of Southold. We don't have any lawyers here that can address these? We have to go to Southampton? SUPERVISOR HORTON: We use a mix of attorneys for this. MS. EGAN: Pardon? SUPERVISOR HORTON: We use a mix of attorneys, some are from here and Miss Wilson happens to live in Quogue, East Quogue. MS. EGAN: Well, ! think that is wrong. ! shall talk more later. SUPERVISOR HORTON: Are there other questions pertaining to the, yes, Mr. Geiss. GUNTHER GEISS: Gunther Geiss of Southold. ! step forward reluctantly to speak because ! am really concerned about how much impact what the public says at these meetings has on what is actually done. Before ! go on, ! would like to make a correction, with all due respect to Mr. Wickham, the quarterly reports submitted by North Fork Animal Welfare League are compilations. That is what the accountant says in his management letter. And for those not acquainted with accounting, a compilation is essentially what the treasurer of the organization told me and ! wrote it down, neatly. An audit requires a record of inspections, in order to demonstrate that the facts are as close to the truth as accounting practice can produce. The NFAWL has submitted one annual audited report and that was the year following the year in which we sued for the right to run for positions on their Board. That was the one time. There is a very curious fact of government, the Attorney General is responsible for the supervision of all charities in the state. If you were to make an inquiry of the Attorney General as to whether they have met the recording requirements, you would find that they are obliged to submit an audited financial annual report. However, if a charity does substantial work with another governmental organization, the Town, then they can submit an audited statement to the Town and the Attorney General presumes, presumes if he does not get an audited report, that the Town did. And the fact is, neither one does. And in typical government fashion, A point to B, B points to A and says somebody did it. And it is fairly evident that nobody reads the report submitted by the League or one would know either the Attorney General or the Town, that they are not audited. Unless they are forced to by the pressure of some members. Secondly, ! would draw to your attention that the annual report submitted for the past year, for the first time showed a surplus. For those not involved in non-profit accounting, that means a profit. A profit of $19,000 on the town contract. Therefore, Josh, ! can assert and quite rightly assert, that $19,000 of taxpayer money went to that League and was able to be used for any purpose of their own, save to remunerate themselves, including paying their legal bill. So ! think the Town has some interest in this. But what ! really wanted to ask you, is, given that you are engaged in a non-competitive, sole source contract with this organization, what legal requirements do you have to meet in order to do that? Because generally, as ! understand it, state law requires competitive bidding. SUPERVISOR HORTON: Not for professional services. MR. GEISS: Not for professional services? And regardless of the magnitude, it is not a financial matter? May 4, 2004 Southold Town Board-Regular Meeting 11 SUPERVISOR HORTON: That is correct. MR. GEISS: That is unfortunate. Are there conditions in the contract for terminating the contract and what might they be? SUPERVISOR HORTON: Would you like to pull the contract out? COUNCILMAN ROSS: Basically the contract provides what the duties of the league are, what the duties of the town are. And if there would be a breach, it would be dealt with like any contract. There would be a notice and that you have breached the contract and the duties would end then. MR. GEISS: Right. So one of the questions that necessarily then arise is, what process would you implement as the oversight committee to assure that the contract is in fact being honored? COUNCILMAN ROSS: The League is subject to inspections by the state... MR. GEISS: Which are pass/fail for simplicity. ! mean, they get satisfactory ratings, you know what that means. Good enough, not good. Just good enough. It is really not terrible. COUNCILMAN ROSS: That is the organization that would be inspecting the Town, if the Town was running it on its own. So, that is the organization that sets the quality standard and we rely on that to some degree. And we rely on the reports that we receive and the filings that they make. They are required to file their insurance certificates, they are required to file the by-laws of the organization and their certificate of organization. MR. GEISS: But one of the things that seems absent is any evidence of public satisfaction with the service. Now, among you, you have Mr. Edwards a distinguished businessman, he probably has experienced mystery shopping. Mystery shoppers are people who are hired to go into your retail establishment, shop; and then report their level of satisfaction. ! would urge you to consider mystery adoptee's, mystery volunteers; who will go and attempt to volunteer or go and attempt to adopt an animal and report back to you exactly what they experienced. Because we have our anecdotes, which are not acceptable. But if one is paying $150,000 a year for a service, one would like to know that that service is truly being provided. Not simply that you are not getting a call at 9:00 about a dog running wild, but that the other services that they are to provide in a reasonable animal shelter, are being provided. Now, finally my last question is, what assurance have you that once the new facility is built and ! certainly hope it is done soon, that the League will not discover suddenly an incapability of maintaining and operating that facility under these financial terms. COUNCILMAN ROSS: They are required to meet the terms of the contract and that includes if a new facility is built. There is a provision for that in the agreement. We have no way to tell, even if the Town was running it, that we could do it. You assume they have done it for 24 years, they will be able to do it for the next four. If they can't, we will take steps at that time to take care of the duty that is ultimately the Town's under state law. MR. GEISS: It is just odd to me that a group as suspicious of government, shall we say, as they have been over the years that ! have known them, the last six or seven years, would make an agreement May 4, 2004 Southold Town Board-Regular Meeting 12 about something that they have no way of knowing they can perform. ! mean, basically you and I, most honestly do not know what it is going to cost to run a new shelter. They certainly can't run it the way they run this hovel that we have now. Because they defer all maintenance, their own architect had reported to them and to you and this by the way is Mr. Bradley, who you are dealing with now, that the condition of the shelter was so bad in 2001 that we ought not invest in renovation and addition SUPERVISOR HORTON: That is correct. MR. GEISS: .... and he further went on to say that much of that is due to failure to maintain. Now, some of you, ! know Mr. Romanelli and ! believe Justice Evans, have enjoyed the tirades of Teres McGinnis blaming the failure to maintain on the Town even though the contract requires them to maintain. SUPERVISOR HORTON: We have enjoyed the tirades of several people involved with various aspects of the Shelter. MR. GEISS: Right, right. But much of this was during the Cochran administration and the issue was they asserted that the Town failed in maintenance when it is in the contract that they're obliged to maintain and they additionally came and accused the Town of violating OSHA requirements, when in fact, they are their violations because it is they who are responsible for the working conditions in that Shelter. ! think you really need to take a serious look and not go on belief. SUPERVISOR HORTON: Thank you. Yes, Melanie. Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. ! must say that ! do find these responses on resolution # 388 to be very disappointing. ! think that what everyone here is arguing and rightly so, is that there is a fiscal accountability and a due diligence that is required of a Town Board in offering to underwrite any kind of contract. ! hope this is not the way that you are considering running your various Departments in the Town. ! understood that the Department heads did have certain responsibilities and got a budget and had to do some accounting with respect to how those expenditures were made. As we all know .... SUPERVISOR HORTON: Melanie .... MS. NORDEN: No, do not interrupt me, ! am not done. And ! would say, ! mean Mr. Wickham has just provided us with incorrect information that quarterly audited reports were given, which all of know would not be possible, that is actually an expenditure that is way too expensive for the average non-profit, as we know, easily a non-profit can earmark funds and set up separate accounting procedures for funds that are earmarked. At the very least, we could ask the Town to ask the Animal Welfare League to earmark the amount of money in a separate account that the Town gives to the League, so that we could oversee that. We don't, none of us consider this to be a laughing matter, these are serious tax dollar expenditures, this situation has been fraught with political controversy from the beginning. We do know that we don't want money that is supposed to be spent on the animals to go to legal matters and there is no way to assure the fact that won't be done unless you as a Board take a certain accountability in mind. Mr. Ross brings up a point that is absolutely ludicrous which is to say May 4, 2004 Southold Town Board-Regular Meeting 13 that the state oversees or the Ag & Markets oversees how the dogs are doing but the Ag & Markets certainly doesn't oversee how the budget is doing, do they? And we ask and raise questions that are serious budgetary matters, ! really find it offensive that people laugh, have smirks on their faces and don't answer these questions in a thorough going and civilized way. We are asking very specific, financial accountability questions and this would be asked of any organization whether it does a good job or a bad job. If you are just in the habit of throwing away $150,000; thank you very much, we as taxpayers are not. So we are asking you as an oversight committee to do your job. To do the due diligence that is really required. And the least you can do is ask the Animal Welfare League to do a separate designated account, at a bank of their choice or yours, in which the Town money, which is actually taxpayer money is put aside and earmarked. This is a procedure done by all non-profits across the country whenever they receive state or federal monies. Now, perhaps you are not able to do this kind of oversight, maybe you didn't think about this at the time but ! must say that this is a very sloppy way to do business. Without being able to answer us, ! mean, you have given us no answers. We have been on this subject now for 20 minutes and you have said, 'oh, Ag & Markets is going to do this and this and that and audited financial statements' and as it turns out, they are not audited. And now we don't know who is spending what money, where. Is this how you run your departments? Because we do not find this a laughing matter. This is a serious matter, in which, if Department heads in the Town of Southold have to account for expenditures and have to balance their budgets then when we appropriate monies, whether it is to the Highway Department, whether it is to the dump-whether it is Mr. Bondarchuk, or the Animal Welfare League, then god damn it, we want to see how those monies are spent and we want to know that they are actually spent appropriately. SUPERVISOR HORTON: Please refrain from foul language. MS. NORDEN: Well, anyway, ! don't think that is too foul, frankly. But nevertheless, what ! am saying is Josh, let's not respond to my language, would you please answer my question and tell us how you intend to manage this contract so that there is actual fiscal accountability and due diligence. SUPERVISOR HORTON: Ms. Norden, you touched on a point that ! think is very important. There has been a lot of political fracas .... MS. NORDEN: That is correct. SUPERVISOR HORTON: ... over the last couple of years, of which ! refuse to engage in. MS. NORDEN: ! am not asking you to engage at all, ! am asking about fiscal accountability. ! have never even been involved with the Animal Welfare League, ! am simply talking about the fact that ! would like a response on how this oversight committee is going to work and how it is going to be, how you are going to manage the due diligence to make sure that our tax dollars are appropriately spent? SUPERVISOR HORTON: If you were to look at other communities and the amount they spent .... MS. NORDEN: ! am talking about this community, Josh. The Town of Southold. SUPERVISOR HORTON: You know what? Excuse me, Melanie, you're not allowing me to answer. May 4, 2004 Southold Town Board-Regular Meeting 14 MS. NORDEN: All right, but let's stick to Southold, then. SUPERVISOR HORTON: If you were to look at the price that other communities pay for services, as was done over the course of research of renegotiating this contract, you would find that the amount that Southold Town pays is right in step, if not less, than what other communities on the east end have to pay for this service. MS. NORDEN: ! am not arguing that. SUPERVISOR HORTON: Now, so if you are wondering if we are throwing away $156,000... MS. NORDEN: No, ! am asking about accountability for the money. SUPERVISOR HORTON: The answer to your question is no, we are not throwing away $156,000. MS. NORDEN: How are you accounting for it, then? SUPERVISOR HORTON: We are accounting for it by, we negotiated a contract to provide the service at the North Fork Animal Welfare League. Just as, when we contract with a carter to take refuse from the landfill, they say it is going to cost this much, we allocate the money to do that. ! don't, you know .... MS. NORDEN: That is accountability? COUNCILMAN ROSS: It is a fee for service. SUPERVISOR HORTON: Exactly. ! don' t understand what you want. Do you want a separate Animal Welfare League Department set up? MS. NORDEN: No. You are making a donation to a non-profit organization, just as a foundation would. You are making, you are making, call it a fee for service, call it what you will. ! am saying that what we would like to know if the money that is being spent for the purposes for which it was allocated is being spent for those purposes or for other purposes and how can you actually accommodate that? SUPERVISOR HORTON: Have you tried to adopt a dog? MS. NORDEN: Excuse me? SUPERVISOR HORTON: Have you gone to the Animal Welfare League for services? MS. NORDEN: Josh. SUPERVISOR HORTON: Well, ! mean .... May 4, 2004 Southold Town Board-Regular Meeting 15 MS. NORDEN: The household pets that ! have, have nothing to do with this argument. That is ludicrous. ! am not talking about the League or its performance, ! am talking about how you are accounting for the budgetary expenditures? SUPERVISOR HORTON: ! understand what you are saying. MS. NORDEN: ! am just saying, what is the procedure in place to account for how the monies are appropriated and spent by the League to assure the public that they are being appropriated for the purposes for which they are given? SUPERVISOR HORTON: We negotiate a contract for the services that they provide each year. MS. NORDEN: ! understand that. SUPERVISOR HORTON: If they fulfill those services, they have done it within the money that we allocated to do so, they have met their obligation and we have met ours under state law. MS. NORDEN: And there are no standards for the fulfillment of services? SUPERVISOR HORTON: There are standards, they are set by New York State Ag & Markets and they have to live within those. In fact, we provide above and beyond what New York State Ag & Market requires. MS. NORDEN: So how do we know how are monies were spent? All right, Mr. Edwards, why don't you respond? How do we know how the money is actually going to be spent, if in fact we don't have any budget oversight? COUNCILMAN ROSS: We know the service is being provided. We are required by state law to provide this service. The Town is not providing it. We are in contract with an organization that provides the service. When we hire an organization to build a building or build a road, we don't want to know how much they spent on the asphalt. MS. NORDEN: Mr. Ross, ! am sure you want to know if the road is going to be safe or not. Well, then how would we know if the road was safe or not? COUNCILMAN ROSS: (inaudible) is not at issue. It is the contract amount. MS. NORDEN: No, it is what is required from the contract. If you are telling me that simply because you give a road builder $100,000 to build a road, it doesn't have to be safe? SUPERVISOR HORTON: Melanie, we have... MS. NORDEN: ! mean, there are oversight principals. If you build a building, doesn't it have to meet certain kinds of requirements? COUNCILMAN ROSS: That is right. May 4, 2004 16 Southold Town Board-Regular Meeting MS. NORDEN: Well then, where are those requirements? Where is the oversight? COUNCILMAN ROSS: Ag & Markets sets the standards. MS. NORDEN: Ag & Markets does not set the standards in terms of... COUNCILMAN ROSS: Are you aware of any of the reports from Ag & Markets? MS NORDEN: Yes, ! am, as a matter of fact. COUNCILMAN ROSS: And were there violations issued in any year? MS. NORDEN: Yes, there were. COUNCILMAN ROSS: In what year? MS. NORDEN: ! am not going to go through. No, ! am simply asking you how budgetary expenditures are looked at and what the oversight is. You are basically telling me you don't have a system, fine. Why don't we establish one? SUPERVISOR HORTON: No, we have a system. COUNCILMAN ROMANELLI: We are not saying we don't have a system. MS. NORDEN: Well what are you saying? COUNCILMAN ROMANELLI: You are saying it, we are not saying it. MS. NORDEN: ! am asking what is the system that assures the fact that the monies are going to be spent in the way that they were appropriated? COUNCILMAN ROMANELLI: Here is how it works. The animals are fed, they are cared for, they are housed, they go through an adoption policy, no other member of town government gets involved in having to deal with the animals in the animal shelter. That is the contract obligation. Agree with who runs the League or disagree with that; that is a whole other subject if that is what you are trying to drive at .... MS. NORDEN: No, ! am not trying to drive at that. COUNCILMAN ROMANELLI: As far as the contractual obligations to the Town, no other employee of the Town gets involved with dealing with any animals in the Town except the Animal Welfare League. So you know what? There is the accountability. They did their job. Okay. Now, are you saying that the place is substandard? MS. NORDEN: No, ! am not saying that. May 4, 2004 Southold Town Board-Regular Meeting 17 COUNCILMAN ROMANELLI: Maybe it is. Maybe it is not up to par to what you would like. MS. NORDEN: ! am not even raising that issue. COUNCILMAN ROMANELLI: But they have a contract that has obligations in it, that says they must do certain things. If they do those certain things .... MS. NORDEN: Okay but let me ask you, how about if they do those certain things with half the amount of money that you gave them? COUNCILMAN ROMANELLI: Let's just do the math. If we were to run that ourselves with CSEA members, who happen to be sitting here in the audience, and we were going to run this seven day a week operation, have someone on call to pick up dogs or animals that... MS. NORDEN: John, ! am not suggesting that. COUNCILMAN ROMANELLI: Well, hold on. Let's do accountability. Let's talk about how the money is going to be spent. We are not going to do it, $160,000 is the amount, let's add benefits, insurance, town vehicles .... MS. NORDEN: ! am not even arguing that. COUNCILMAN ROMANELLI: Okay. Well, we are trying to show you how accountable we are with this contract, which is actually below market value if we were to use full-time town employees with benefits, retirement program, health benefits, the whole thing. MS. NORDEN: ! am not even raising the issue of the amount. ! was raising the issue of the accountability. COUNCILMAN ROMANELLI: You are raising the issue, when you want to talk about accountability of how the money is spent... MS. NORDEN: Right. COUNCILMAN ROMANELLI: And are we being smart with the money, this contract is cheaper than any other way to have that, to solve that problem... MS. NORDEN: That is still not the issue that ! am raising. ! am not talking about the price. ! am talking about the issue of accountability. COUNCILMAN EDWARDS: May ! speak to this? When you go down, if you go down to Dan Ross and hire him to write your will, as an attorney and you pay him $400 or whatever he charges to write a will; you do not inquire nor do you have any reason to inquire what portion of that $400 goes to pay the rent, pay for the computer software, whatever. You pay the $400 because that is a fair price .... MS. NORDEN: ! know but ! am not talking about my personal money. May 4, 2004 Southold Town Board-Regular Meeting 18 COUNCILMAN EDWARDS: Let me finish, please, Melanie. MS. NORDEN: Alright. COUNCILMAN EDWARDS: ! do not rise in anger often. This is the same situation exactly; if the price we are paying is a fair price, and it is, and if the service rendered is what the contract says it should be and we expect it to be or we wouldn't sign the contract; we don't need to get into the internal workings of the provider and how they spend their money. That is in effect, not our business. We have enough to ..... MS. NORDEN: Well, ! think it is your business because it is not my individual dollar, Bill. COUNCILMAN EDWARS: I disagree. MS. NORDEN: It is our town money. It is taxpayer money and that is the distinction and the difference between the example that you gave. ! can spend my money with Dan Ross in any way that ! please, but ! would say that as a taxpayer, there is a certain amount of accountability that you have that is a little bit different than saying that ! can go spend my money in any way that ! please. We actually haven't given the Town Board the opportunity to spend our money in any way they please. Do you understand the distinction? COUNCILMAN EDWARDS: No one has said that. MS. NORDEN: Well there is a level of accountability. ! still don't have an answer to my question. SUPERVISOR HORTON: And apparently you are not getting one, at this point. It doesn't seem that you are getting the answer that you want. MS. NORDEN: No, it is not a matter of an answer that ! want, ! am just talking about the fiscal accountability. And ! would like to say that these are very serious issues. SUPERVISOR HORTON: Well, this is a fiscally prudent contract. MS. NORDEN: ! did not raise that issue. SUPERVISOR HORTON: Well, ! am telling you that it is. It is fiscally prudent, the service that is being provided as a result of this contract is well below what other communities would have to pay for, ! am actually pleased with the work that Councilman Ross has done on this and pleased with the Boards' persistence in making sure that it is completed and the service that is being provided is to run the Shelter. The Shelter is run, we need to keep focused so we can actually move past some of this political haranguing and move on toward actually constructing the shelter... MS. NORDEN: I don't see this as political, I am sorry. SUPERVISOR HORTON: Okay, well, understood. This is a fair contract that is, you know... May 4, 2004 Southold Town Board-Regular Meeting 19 MS. NORDEN: We are not talking about the fairness of the contract. SUPERVISOR HORTON: ! understand, Melanie. MS. NORDEN: ! was talking about the oversight of the contract. There is a distinction. ! am not talking about whether the services are fair or well priced, ! am talking about who sees how the services are actually accomplished and how the money is spent? That seems very reasonable to me and you are not answering that question. COUNCILMAN WICKHAM: That will be a Board responsibility, in the coming months and years. MS. NORDEN: But how will that be done? That is the question. COUNCILMAN WICKHAM: Through the reports of the League, through our own visits to the structure-the facility, through the Ag & Markets reports when they come down and see if the standards and criteria are being met. Through all of the other due diligence that the Board is required to display in all of our types of contracts. One of many contracts. MS. NORDEN: ! understand that but ! would like to say that ! do not see the evident due diligence that ! would like on this. And we will leave it at that. SUPERVISOR HORTON: resolutions? (No response) Carlin. Okay. Are there other comments on the floor in regard to these We have a number of public hearings to move on to as well. Yes, Mr. MR. CARL1N: ! will keep mine short. One thing that John mentioned there that you couldn't run the Shelter with $160,000; that ! agree with. But then you have got to remember that you have other things that enter into this picture. Membership dues, fundraising, all that adds up to adding to the support of the Shelter. What ! want to say is, Josh, and ! mentioned this issue to this Board several times and ! am going to do it again and maybe we could have prevented a lot of this tonight. To have and appoint an oversight committee. This is taxpayers money going into here and there is no reason why this Board can't appoint an oversight committee. People who know what they are looking for and know what they are doing. Now, as far as you say you have got a committee, Tom Wickham and Mr. Edwards, they are liaison people, they are not a full committee. ! would like to see and ! have asked you several times, to appoint an oversight committee and ! don't know why you can't do it. It would resolve probably a lot of these problems we have tonight on these questions. It is as simple as that. We have it for everything else in this Town, different committees. Why can't we appoint one for the Animal Shelter? It comes under the town control more or less, it is run by the North Fork Animal Welfare League, but it is taxpayer's money in there to support it. There is no reason why and you are not going to convince me, that you can't appoint an oversight committee to oversee the operation of that shelter and report back to the Town Board about once a month or maybe whenever you want to have it. SUPERVISOR HORTON: Right, right. May 4, 2004 Southold Town Board-Regular Meeting 20 MR. CARLIN: There is no reason why you can't appoint an oversight committee. I know you don't have one for the composting plant, which I am about to give up on that one but I will get around to that before I am done tonight. But there is no reason, Josh, you really surprise me-all of you. An oversight committee would solve a lot of these questions that these people are asking tonight. We wouldn't have this. SUPERVISOR HORTON: I will take it up with the Board at the next meeting. MR. CARLIN: They would bring back information that I don't believe you people understand and know. SUPERVISOR HORTON: I will take it up with the Board at the next meeting. Are there other .... ? Yes, Mr. Wolf. You had something in regard to the resolutions? JESSE WOLF: I don't often speak before the Board but I think this is an occasion that requires it. I think you are overlooking a bunch of points. The current census of the Animal Shelter is about 20-22 dogs. Is that correct? I haven't been there for a while so I am not sure of that but it is somewhere in the 20's. Four or five years ago, it was up in the 60's. The fee paid, or the amount paid by the Town four or five years ago was $125,000. All of a sudden we are now jumping up to $160,000 with a scale of 4% index over the next four years. NFAWL continues to advertise for free food, blankets, newspapers, anything else under the sun, so obviously they are still financially hurting. I think it is imperative that you look at their budget, figure out what on earth they are spending their money for; where that $200,000 comes from? I don't believe it was all from the reserve fund, I think that the fact that there is an excess this year of $14,000-$18,000 speaks volumes about what is going on there. It is imperative, before you deal with any agency, be it NFAWL or anyone else, particularly in the non- profit field that you have a full understanding of what they are doing from an accounting point of view; what their budgets are, what their wage levels are, etc, etc. Other than that, I can see no justification for giving them a four-year contract. Not until you have a good handle on exactly what their operation is all about and quite frankly, based on what I have heard tonight, you don't have that handle. SUPERVISOR HORTON: Thank you, Mr. Wolf. Would anyone else care to address the Board on the printed resolutions? (No response) We have actually a number of public hearings that were commenced to start at 5:00, so I would like to before we vote on the resolutions move to our public hearing portion of the meeting. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is declared recessed in order to hold two (2) public hearings on the matters of (1 .) HEARING ON THE APPLICATION FOR A WAIVER FROM THE PROVISIONS OF A "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR THE SUBDIVISION OF CAROLYN J. DOHERTY, SCTM #1000-9-8-2 AND (2.) HEARING ON THE APPLICATION FOR A WAIVER FROM THE PROVISIONS OF A "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING May 4, 2004 Southold Town Board-Regular Meeting 21 UNIT(S) iN THE TOWN OF SOUTHOLD" FOR THE SUBDIVISION OF TIDE GROUP, iNC., SCTM #1000-96-1-1. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, Meeting resumed at #359 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Captain Martin Flatley to attend the Mid-Atlantic Law Enforcement Executive Development Seminar {MALEEDS} commencing on Sunday, June 13 through Friday, June 18, 2004, at Princeton University, Princeton, New Jersey. Registration fee for this course will be $350.00. Travel will be by Town vehicle. Hotel accommodations for five nights will be at the special rate of $110.00/per night at the Nassau Inn, Princeton, New Jersey. Additional costs will be for meals together with tolls and miscellaneous out of pocket expenses. All expenses will 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. #36O Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Danielle Carragher to serve an internship in the Southold Town Justice Court for the summer of 2004, 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. #361 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants a refund to Brinkmann Electric Corporation in the amount of $150.00, which represents the amount they paid for the bid document for Family Service League & North Fork Early Learning Center and that they have returned in good condition. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #362 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution V351~ adopted at the April 20~ 2004 meeting~ to read as follows: May 4, 2004 Southold Town Board-Regular Meeting 22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to PSD Karen Harney to attend the Emergency Medical Dispatching training course commencing on Frida¥~ April 23 through Sunda¥~ April 25~ 2004, at the North Babylon Fire Department Headquarters, 20 Hale Road, North Babylon, NY. Registration fee for this course, due to the lateness of registration, will be $340, which will be a legal charge to the 2004 E-911 funding from Suffolk County budget line A.3020.2.200.700. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #363 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund Part Town 2004 budget as follows: To: Salt DB.5142.4.100.935 Appropriations DB.5110.4.100.900 Vote of the Town Board: Resurfacing Projects Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $30,000 $30,000 Councilman Ross, Councilman Wickham, #364 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Full Time Assistant Cook for the Southold Town Human Resource Center for two consecutive weeks. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #365 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Chief Carlisle E. Cochram Jr. to attend the NYS Association of Chiefs of Police Annual Training Conference commencing on Sunday, August 8 through Thursday, August 12, 2004 at the Radisson Hotel Corning, Corning, New York. Registration fee for this conference will be $150.00. Travel will be by Town Vehicle. Hotel accommodations will be for five (5) nights at approximate cost of $700.00. Additional costs will be for meals together with tolls and miscellaneous out of pocket expenses. All expenses will 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. May 4, 2004 Southold Town Board-Regular Meeting 23 #366 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution V296 adopted at the April 6~ 2004 regular Town Board meeting. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #367 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Norton to execute a lease agreement with Canon Business Solutions-East~ Inc. for two (2) new Canon ImageRunner 5020 digital copy machines for use at Town Hall, at a total cost of $990.00 per month for a period of sixty (60) months beginning on the date of delivery, payment will be made within 30 days of delivery in order to receive special promotional pricing, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #368 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Norton to execute a Cost Plus Fixed Fee Consultant Agreement with C & S Engineers~ Inc, 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212, in the amount of $79,539.00 for construction, observation and administration of the apron & access taxiway project at Elizabeth Field Airport, Fishers Island, New York, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #369 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution V294 adopted at the April 6~ 2004 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Bros., Inc. in the amount of $39.95 per ton for the purchase of Type 6 Asphalt for pickup and use by the Southold Town 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. #37O Moved by Councilman Edwards, seconded by Councilman Romanelli, it was May 4, 2004 Southold Town Board-Regular Meeting 24 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: From: Revenues A.2705.40 To: Appropriations: A.6772.4.100.110 Gifts and Donations Programs for the Aging Contractual Expenses Program Supplies/Materials Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 500.00 $ 500.00 Councilman Ross, Councilman Wickham, #371 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt~ Inc. in the amount of $419~527.00~ for the "Elizabeth Field Airport, Fishers Island, Apron and Access Taxiway, NYSDOT Project No. 0913.09(D). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #372 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Chief Carlisle Cochran to attend the International Association of Chiefs of Police (IACP) in coniunction with the Durham~ New Hampshire Police Department~ training seminar entitled "Internal Affairs - Legal and Operational Issues" commencing on Monday, June 7 through Wednesday, June 9, 2004 at the Durham Police Department, Durham, NH. Registration fee for this conference will be $380.00. Travel will be by Town vehicle. Hotel accommodations will be for approximately $400.00. Additional costs will be for meals together with tolls and miscellaneous out of pocket expenses. All expenses will 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. #373 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 Fishers Island Ferry District to renew the Airport Operators Liability Policy #3PR86307~ administered by McMann Price Agency Inc. for the renewal premium of $6,585. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 4, 2004 Southold Town Board-Regular Meeting 25 #374 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Engineer James Richter to attend an AutoCad Computer Training Course at Eberhard Systems, Inc. in Hauppauge, New York on Tuesday, May 11, 18 and 25, 2004. Registration fee for the course is $795.00, which shall be a legal charge to Training A. 1680.4.400.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #375 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Matthew Krupski to create a new nature trail through the new additions to the Arshamomaque Pond Preserve on Route 25 as part of his Eagle Scout Project. SUPERVISOR HORTON: Southold Town has benefited from the many projects of Scouts trying to attain various ranks throughout their organization and we are very fortunate to have their participation. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #376 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ron McGreev¥ to the Architectural Review Board~ term to expire December 31~ 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #377 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget as follows: To: A.3120.1.600.200 Police Officer Training From: A. 1990.4.100.100 Unallocated Contingencies Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 10,000 10,000 Councilman Ross, Councilman Wickham, #378 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign the 2004 Youth Bureau Agreement for the Southold Youth Service Program, subject to the approval of the Town Attorney. May 4, 2004 Southold Town Board-Regular Meeting 26 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #379 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold does hereby recognize the week of May 2~ 2004 through May 9~ 2004 as "Municipal Clerks Week" and further extend appreciation to our Municipal Clerk Elizabeth Neville and to all Municipal Clerks for the Vital services they perform and their exemplary dedication to the communities they serve. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #38O Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: TO: REVENUES: A.2705.40 Gifts and Donations $2100.00 Other Donations APPROPRIATIONS: A.3640.2.500.700 Vote of the Town Board: Communications Equipment Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $2100.00 Councilman Ross, Councilman Wickham, #381 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #332~ adopted at the April 20~ 2004 regular Town Board meeting~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Karen F. Harney to the position of Public Safety Dispatcher ! at an annual salary of $26,652.63, effective April 22~ 2004 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #382 Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as special counsel in the matter of Amerada Hess Corp. V. Town of Southold~ et al. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 4, 2004 27 Southold Town Board-Regular Meeting #383 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of May, 2004 a Local Law entitled "A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of the Town of Southold" now therefor be it RESOLVED the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on June 1, 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled reads as follows: "A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of the Town of Southold" LOCAL LAW NO. of 2004 A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of the Town of Southold BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION 1. P[IRPOSE. The purpose of this Local Law is to clarify the procedures and provide for certain incentives for an applicant seeking a change of zone to Affordable Housing District (AHD). The amendment will allow accessory apartments in the zone, which will create more affordable housing opportunities and help purchasers offset the expenses of housing. Further, the amendment includes provisions for covenants and restrictions that will ensure perpetual affordability of all homes within the district. The amendments set forth in this Local Law apply only to development in an AHD District after June 1, 2004. SECTION 2. CODE AMENDMENT. Chapter 100 of the Town Code of the Town of Southold is amended as follows ARTICLE V, Affordable Housing (AHD) District § 100-50. Purpose. The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the development of high-density housing for families of moderate income; and further, to do so with sensitivity to the historic and aesthetic character of the Town's existing neighborhoods. Towards that end. the Planning Board shall have the authority to amend certain setback and other specifications in order to ensure cost efficiencies and design that furthers the Town's goals of providing quality workforce housing. Homes located within the Affordable Housing District are intended to be affordable in perpetuity. § 100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: CONSUMER PRICE 1NDEX -- The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE -- The transfer or transfers of any interest in real property by any method, including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage May 4, 2004 Southold Town Board-Regular Meeting 28 subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. MODERATE-INCOME FAMILY -- A family registered with the Workforce Housing Registry whose aggregate annual income, including the total of all current annual income of all family members [excluding the earnings of working family members under age eighteen (18)~] from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed 120% of the HUD median income for the County of Suffolk. ~; ......... ;c,~`4 ~, ...... ,,~;~, ~c~ T ..... MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 100 56E h f. T ...... dv~!th'~hous~ [Amended 12-22-1992 by L.L. No. 34-1992] MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale to a moderate-income fam and for which the maximum initial sales price, · ..... ;`4; ..... ~,~; ..... · ....`4/ ..... ~,~; ............. ;~ ,~ fha ~, does not exceed the maximum sales price set forth in § 100-56E hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. [Amended 12- 22-1992 by L.L. No. 34-1992] PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects SPECI~ PRO~CTS COO~ATOR: Employee of the Town who is responsible for the development, implementation and coordination of Workforce Housing Registry and affordable housing initiatives for the Town of Southold.. ~ 100-52. Applicability. ~ Districts shall be established by the Town Board ~;~*;~- *~ *~ · ~-~ ...... v.~o.~ ..... ~o .~.~"~;"~"~..~. ov ....... , on parcels of land located within the following areas: ~.A. Land in such ~ areas as shall be designated by Town Board resolution a~er a public hearing thereon, upon ten (10) days' notice thereof by publication in the official town newspapers. ~ 100-53. Use regulations. In the ~ District, no building or premises shall be used and no building or pa~ of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in pa~, for any use except the following: A. Permitted uses. May 4, 2004 29 Southold Town Board-Regular Meeting (1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be leased by the owner for a period not greater than two (2) years with written approval of the Special Projects Coordinator. (2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be leased by the owner for a period not greater than two (2) years with written approval of the Special Projects Coordinator. (3) Multiple Dwellings. (4) Apartments are permitted within the principal building only, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year round occupancy to an eligible person as defined by this legislation and as evidenced by a written lease for a term of one or more years. (c) The apartment shall contain not less than three hundred and fifty square feet and shall not exceed a square footage equal to one half the total enclosed square footage of the principal dwelling and shall not contain more than one bathroom. (d) A minimum of one off-street parking space shall be provided. (e) Not more than one accessory_ apartment shall be provided per single family dwelling. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (2), (3), (4), (6) and (7) of this chapter. § 100-54. Bulk, area and parking regulations. A~. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: BULK, AREA AND PARKING SCHEDULE Minimum Single-Family Two-Family Multiple Requirements Dwellings Dwellings Dwellings Total lot area (square feet) 10,000 20,000 40,000 Lot width (feet) 80 100 150 Lot depth (feet) 100 140 200 Front yard (feet) 35 35 45 1 side yard (feet) 15 15 20 Both side yards (feet) 25 30 40 Rear yard (feet) 35 35 45 Livable floor area 850 600 600 (square feet per dwelling) Off-street parking spaces 2 2 2 (per dwelling) Land area (square feet 10,000 10,000 10,000 per dwelling unit) Lot coverage (percent) 20% 25% 25% Building height 35 35 35 Number of stories 2 1/2 2 1/2 2 lA B. Where cost efficiencies and sound design in furtherance of the Town's goals for the AHD zone can be realized, the Planning Board shall have the authority to reduce or amend certain yard setback May 4, 2004 Southold Town Board-Regular Meeting 30 requirements, lot dimension requirements and highway specifications. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. § 100-55. Application procedure. B.A.. Application and Fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. A.B. Application procedure. The procedure for ~--; .... ~ ~-;-~ _ ~, ......... ~ ........... ~ approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat by the Planning Board.* (3) The zoning reclassification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* *NOTE: The town shall, in all instances, process Subsection A(2) and (3) above concurrently so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated review of the entire application. May 4, 2004 Southold Town Board-Regular Meeting 31 C. Referral to Planning Board. Upon the receipt of a properly completed application for the establishment of a new ~ District, one (1) copy of the application shall be referred to the Planning Board for its review and repo~, and one (1) copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Cha~er. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall repo~ its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board repo~ or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. D. Planning Board repo~. The Planning Board, in its repo~ to the Town Board, may recommend either approval of the application for the establishment of the ~ District, with or without modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its repo~ the reasons for such disapproval. In preparing its repo~ and recommendations, the Planning Board shall give consideration to the Town Master Comprehensive Plan, the existing and permitted land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation, both on and offthe site, the adequacy and availability of community hcilities and utilities, including public water and public sewer systems, to semice the proposed development, compliance of the proposed development with the standards and requirements of this ~icle, the then-current need for such housing and such other hctors as may be related to the purposes of this ~icle. E. Town Board public hearing. Within fo~y-five (45) days from the date of the Town Board's receipt of the Planning Board's repo~ and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an ~ District on the prope~y described in the application. Such hearing shall be held May 4, 2004 Southold Town Board-Regular Meeting 32 upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. F. Town Board action. (1) Within forty-five (45) days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. (2) Revocation; extension. (a) Upon request to the Town Board on notice to the applicant and for good cause shown, the establishment of an AHD District may be revoked eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. (b) The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period. In the event of the revocation of approval as herein provided, the AHD District shall be deemed revoked, and the zoning classification of the property affected thereby shall revert to the zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. G. Subdivision plat approval by the Planning Board. (1) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XXV of this chapter. (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions of Chapter Al06, Subdivision of Land, of the Town Code. § 100-56. General regulations and requirements. ...... ~:~ ,~ :,,~,, ~,~ .......... r,~:~ n~:~ The Town Board shall require the recording of covenants and restrictions that shall apply to all real prope~y within the ~D District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: May 4, 2004 Southold Town Board-Regular Meeting 33 An owner of an improved or unimproved parcel of property within the AHD District shall, at least thirty (30) days prior to entering into an agreement or contract to convey the parcel, provide a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to enter into the contract. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed contract to the Town Board and Special Projects Coordinator. Within twenty (20) days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the sale comply with the provisions of this Chapter relating to the resale of AHD parcels. 2. That an improved or unimproved parcel of property within the AHD District shall not be conveyed without written approval of the Southold Town Board. 3. The leasing of an improved or unimproved parcel of property or portion thereof shall be by written lease. 4. An owner of an improved or unimproved parcel of property within the AHD District shall, at least fourteen (14) days prior to entering into a lease with regard to said parcel, provide a copy of the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the lease. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed lease to the Town Board and to the Special Projects Coordinator. Within seven (7) days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the lease comply with the provisions of this Chapter relating to the leasing of AHD parcels. 5. An owner of an improved or unimproved parcel of property within the AHD District shall not lease the property without obtaining the written approval from the Town of Southold. C. Provision for moderate-income family dwelling units and unimproved lots. (1) On land within an AHD District ~-~;-;-~ ,-8. ,' ~ c~'~ ....... ~ .... c ~.,4 .~,- ~ ,-~. c~-., ~ each dwelling unit and/or unimproved lot located therein shall be reserved for sale or lease to moderate income families registered with the Workforce Housing Registry. D. Eligibility. In each ~, the sale or lease of dwelling units and unimproved lots shall be rese~ed for moderate-income hmilies who ~ do not ha~ have any ownership interest in any other residence or vacant lot.~c~ ,u~,~ .... v~o~* five ~Jr<x ...... 2 ~ o The eligible applicants shall be grouped on a priority_ basis, and a lotte~ system will be administered by the Special PrQects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: ~. Income eligible individuals or families who have lived and worked in the Town of Southold and who provide volunteer emergency and/or life saving se~ices for residents of the Town, for a period of at least one (1) year prior to the submission of their application. ........ v .... , ,~ ~vv ....... , ............................ Income e e individuals or flmilies who have lived and worked in the Town of Southold for a period of at least one (1) year prior to the submission of their application. May 4, 2004 Southold Town Board-Regular Meeting 34 .............. ~ ..... ee ......... Income eligible individuals or families who have lived in the Town of Southold for a period of at least one (1) year prior to the submission of their application. (4) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least one (1) year prior to the submission of their application. (5) Income eligible individuals/families who previously lived for a minimum of one (1) year in the Town of Southold and wish to return. E. The initial maximum sales price and maximum allowable monthly rent shall be set by resolution of the Town Board, as amended from time to time. F. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an AHD District reserved for moderate-income families may must be resold to moderate-income families who are registered with the Special Projects Coordinator as eligible and in need of Workforce Housing. pm'cided4hat Tthe In an effort to ensure perpetual affordability the maximum resale price does shall not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such capital improvements plus reasonable and necessary resale expenses. All capital improvements require the approval of the Special Projects Coordinator who will submit such improvements to the Workforce Housing Advisory Commission for determination of: a) whether the capital improvement is warranted and b) if warranted, the value of appreciation to the property at time of improvement and c) the value (if any) upon resale. The Workforce Housing Advisory Commission will provide quarterly reports to the Town Board pertaining to AHD provisions (i.e. sales, resales, capital improvements, etc). (2) Unimproved lots in an AHD District reserved for registered moderate-income families may must be resold to moderate-income families;. ~The maximum resale price does shall not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. (3) Where an unimproved lot in an AHD District reserved for moderate-income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in § 100-56F(1) hereof. May 4, 2004 Southold Town Board-Regular Meeting 35 G. The pricing structure for rental properties must not exceed the rent limits as established by the Suffolk County Affordable Housing Opportunities Program. The Town Board may, at its discretion, impose restrictions regarding rentals. § 100-57. Administration. A. General duties of Special Projects Coordinator. (1) The Special Projects Coordinator shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts pursuant to the provisions of this Article. (2) The Special Projects Coordinator shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Special Projects Coordinator shall maintain such other records and documents as shall be required to properly administer the provisions of this Article. B. Interagency cooperation. (1) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Special Projects Coordinator, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Special Projects Coordinator, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with the Special Projects Coordinator. C. Procedure. (1) Whenever the Building Inspector receives an application for a building permit or a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy thereof with the Special Projects Coordinator, who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No building permit or certificate of occupancy may be issued by the Building Inspector until the Special Projects Coordinator has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the building permit or certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this Article. (3) The Special Projects Coordinator shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate-income families shall not sell or lease the same to any person who does not possess a May 4, 2004 Southold Town Board-Regular Meeting 36 certificate of eligibility issued by the Special Projects Coordinator. A violation of the provisions of this subsection shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Special Projects Coordinator shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Special Projects Coordinator, on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. (7) An applicant for a certificate of eligibility aggrieved by any determination of the Special Projects Coordinator shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. [Added 12-28-1990 by L.L. No. 31-1990] (8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board. [Added 12-22-1992 by L.L. No. 34-1992] § 100-58. Applicability of other Code provisions. All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. § 100-59.Penalties for offenses. [Added 12-22-1992 by L.L. No. 34-1992] Any violation of any provision of this Article shall be punishable in the following manner: A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five thousand dollars ($5,000.). B. Second offense and for any offense thereafter: by a fine of not less than five thousand dollars ($5,000.) and not more than ten thousand dollars ($10,000.) for each offense. C. Any offense under this Article may be punishable by revocation of an existing Certificate of Occupancy. C. Any individual who has violated Covenants and Restrictions imposed pursuant to this Article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. SUPERVISOR HORTON: ! will say that we will have the public hearing and ! look forward to that and ! encourage, as with all public hearings, ! am sure that many members of the public will be there for this but ! just want to say that the amount of work that went into this from each Board member has been a lot and to date, ! think we have come up with a very progressive piece of legislation and ! look forward to getting more input from the public. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #384 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges against an employee and suspending that employee without pay pursuant to the Civil Service Law; May 4, 2004 Southold Town Board-Regular Meeting 37 NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby agrees to hire Mary C. Wilsom Esq. as hearing officer in the disciplinary charges brought against a Town employee; and FURTHER, BE IT RESOLVED, that the Town Board hereby suspends the employee without pay for not more than thirty days pending the determination of the charges effective the day after the charges are served upon the employee; and RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard Zuckerman, Esq. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #385 Moved by Councilman Edwards, seconded by Councilman Romanelli, WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges against a highway department employee and suspending that employee without pay pursuant to the Civil Service Law; NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby agrees to hire Mary C. Wilsom Esq. as hearing officer in the disciplinary charges brought against a Town employee; and FURTHER, BE IT RESOLVED, that the Town Board hereby suspends the employee without pay for not more than thirty days pending the determination of the charges effective the day after the charges are served upon the employee; and RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard Zuckerman, Esq. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #386 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated April 26~ 2004 regarding a town employee. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #387 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Town Clerk Elizabeth Neville to advertise for stakeholders from each hamlet to participate in the hamlet planning study being conducted by Cleary Consulting, said advertisements to appear in the Traveler Watchman and the Suffolk Times. SUPERVISOR HORTON: Those advertisements won't appear in this weeks paper but they will appear in the following weeks paper. ! am not sure of the date but a week from this coming Thursday, those advertisements will be published. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. May 4, 2004 Southold Town Board-Regular Meeting This resolution was duly ADOPTED. 38 #388 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the Agreement between the Town of Southold and the North Fork Animal Welfare League~ Inc. for a term of four (4) years commencing January 1, 2004 and ending on December 31, 2007, regarding the Southold Town Animal Shelter, subject to the approval of the Town Attorney, for the following amounts: Vote of the Town Board: 2004 $156,000 2005 $162,240 2006 $168,730 2007 $175,479 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. No: Councilman Romanelli. This resolution was duly ADOPTED. #389 TABLED #39O Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS an application has been made by Henry E. Raynor of the Tide Group, Inc. for a waiver from the provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit the Planning Board to consider an application for a major subdivision for the parcel of property known as SCTM# 1000-97-01-1; and WHEREAS the application involves the subdivision of a 29.1 acre parcel into 12 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law #3-2002 and the extensions of said Local Law, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. May 4, 2004 Southold Town Board-Regular Meeting 39 WHEREAS the Town retained a "moratorium group" consisting of in-house and outside planners and attorneys who have developed a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes, but is not limited to, 80% preservation of open space throughout the Town and a 60% reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS, planning work is proceeding during the moratorium, which was extended January 6, 2004 for an additional 180 days.. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and the Town continues to face significant development pressure; and WHEREAS the Town Board finds that there exists an extraordinary hardship affecting this property, in that there is a great need for more industrial zoned property throughout the Town. This parcel has been recently rezoned to Light Industrial allowing development of industrial businesses to commence on this site satisfying a town-wide need for locations for these businesses; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law # 3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the major subdivision application has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS the Town Board of the Town of Southold finds that the application has no effect on agricultural lands and open and recreational space or rural character of the Town; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby approved. 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: At this point we will offer the floor, we have concluded our public hearings and the voting on the resolutions, we offer the floor to the public that would like to address the Town Board on specific town issues. Mr. Carlin, the floor is yours. MR. CARL1N: I told you last week to call me Frank but you still call me Mr. Carlin. SUPERVISOR HORTON: I am sorry, Frank. May 4, 2004 Southold Town Board-Regular Meeting 40 MR. CARL1N: Frank Carlin, watchdog of Southold Town. Well, not too much tonight. The staff went easy on me this time, not like last week. But ! have some food for thoughts. SUPERVISOR HORTON: Please. MR. CARL1N: The new bags for the leaves. The biodegradable bags, they got a lot of writing on them. Southold Town logo on them. What do we need that on there for? Can't they take that off?. It would be a lot cheaper, maybe could save 5 or 6 cents on the bag and just put Southold Town on there? What do we need all that fancy writing on there for? They get all mulched up anyway. Save the taxpayer some money. SUPERVISOR HORTON: We will see if in fact, not having as much writing on the bag would save money in the cost of the production of the bag. MR. CARL1N: Because it takes money to print all that on there. Only thing you need is to have Town of Southold on there, you don't need, even in fact, the regular garbage bags that you pay $2.25 for-they got all kinds of writing on there. People know by now what they put in there. ! believe that could save the people some money, too. SUPERVISOR HORTON: ! will definitely have both of those matters looked into. MR. CARL1N: And talking about bags, before ! get off that subject. John, ! got you laughing for a change up there. ! mentioned to you, Josh, again several times and ! won't concede on this at all. ! can't see the Town charging the people who have road service pickup, making them pay for a yellow bag. That to me is not fair. They don't use the garbage disposal plant, they have it picked up, they shouldn't have to be spending that kind of money with the average about $2.25 a bag. SUPERVISOR HORTON: Actually, ! don't think that is a town, if ! am not mistaken, we have the king of the business in the room tonight. Mr. DiVello could answer those questions. MR. CARL1N: Well, a lot of people put them in there. ! could save, especially the senior citizens, it could save them a few pennies and every little penny they can save could go towards their prescription drugs. That all adds up. It is not necessary. SUPERVISOR HORTON: Can ! explain something? ! think that .... ROCKY DIVELLO: The town bags go to the facility. MR. CARL1N: That don't mean nothing. SUPERVISOR HORTON: The town doesn't require .... MR. CARL1N: They are not using the facility, why should they buy the bag for? SUPERVISOR HORTON: Mr. DiVello, please. May 4, 2004 Southold Town Board-Regular Meeting 41 MR. CARL1N: Go ahead, go ahead. MR. DIVELLO: Mr. Carlin, ! do agree with you, the bags are quite costly but we provide a service, our businesses, to pick up the bags. The price entailed in the bags is the cartage fee from the landfill to wherever it goes to be disposed of; it has nothing to do with our service. MR. CARL1N: Do you work for the Town? MR. DIVELLO: No, a private company. MR. CARL1N: But would that have any effect on you if it were the black plastic bags? MR. DIVELLO: Well, they have to pay... MR. CARL1N: What do you have to pay for? MR. DIVELLO: Tipping fees. MR. CARL1N: Tipping fees? MR. DIVELLO: Yes, a charge. MR. CARL1N: The Town charge you a tipping fee to have the yellow bags? MR. DIVELLO: If you go without the yellow bags. SUPERVISOR HORTON: This is how it works. If you hire a private carter, if you hire Mattituck Sanitation or Schelin, the carter and ! have a carter, ! live in an apartment in Greenport and the carter makes the client, generally, use the yellow bags. So when the hauling company, the local hauling company comes and picks up that garbage, they require it to be in the yellow bag because that way they don't have to go across the scale; they can go into the recycling center and just simply place those bags at the recycling center, the transfer station. The carter could lax that requirement for the yellow bag, at that point though, if it is not in a yellow bag, they are going to have to go across the scale and pay a tipping fee to drop the trash at the transfer station at which point it gets picked up by another carter and taken out of Southold. MR. CARL1N: Well, it is a benefit to the carter, then, to have the yellow bags. COUNCILMAN ROMANELLI: No, it is a benefit to you, too. You are going to pay more. If you don't put it in a yellow bag the carter is going to have to charge you more because he is going to have to pay to tip it. The fact is for the yellow bag, the tipping fee is already in the price of that yellow bag. If he is going to pick it up in a black bag and go across the scale, he has to charge you a tipping fee on top. May 4, 2004 Southold Town Board-Regular Meeting 42 MR. CARL1N: I will go along with that view of it now but let me approach another viewpoint of it, then. There is always one way to skin a cat. If we only have to pay 15cents for that yellow bag, why do we have to charge the people $2.25 for? When we only pay it to buy it from the vendor 15cents? COUNCILMAN EDWARDS: Because what you are paying for and I guess it is appropriate to skin a cat, given the previous conversation tonight. MR. CARL1N: ! got an answer for everything, all ofyou'se. COUNCILMAN EDWARDS: No, what you are paying for is the cost of taking that trash from the Southold Landfill to wherever it ends up. SUPERVISOR HORTON: So it is not just the bag that you are paying for, you are also paying for once you bring that bag full of trash to the transfer station, the cost, the cumulative cost for the bag is how we pay the carter to take that out of town, which we are required to do. MR. CARL1N: But why should we have to pay so much for it? Can't you pay something less for that bag? SUPERVISOR HORTON: Carting fees are phenomenal these days and they have gone up, ! believe 75% in the past two years and they are continuing to rise. MR. DIVELLO: Frank, you are paying for the weight. MR. CARL1N: Got an answer for everything. Now, the garbage disposal building, ! was told some things about it but ! don't believe what ! am told, ! go down and prove it to myself. ! went down there this morning. Somebody told me when they went down there when it was raining the other day, that they went to dump some garbage in there and they should have brought a bar of soap and some towels because the water was coming in so bad through the roof, it was like taking a shower. So ! didn't believe that, so ! went down there this morning, ! looked up and ! could see daylight, all through the roof. That fiberglass were all through the years, the pigeons had dropped their droppings in there and ate away, so you got all kinds of holes along that whole ceiling there. And he was right, every time it rains, there is like a shower down there. So ! can imagine what we discussed last week, on Mr. Bondarchuks' coming to the Town for money, he will be coming pretty soon for a new roof on that place. SUPERVISOR HORTON: We actually put money in the budget for a new roof. MR. CARL1N: You did? You didn't mention that to us last week on those items, you just .... SUPERVISOR HORTON: It was a different .... MR. CARL1N: $19 million for a hydraulic cylinder and all that. So the problem is with you people you avoid getting technical about what you put in things. That is your problem. SUPERVISOR HORTON: No, actually Mr. Carlin, the budget was published in its entirety. May 4, 2004 Southold Town Board-Regular Meeting 43 MR. CARLIN: You didn't mention... COUNCILMAN ROMANELLI: The roof was put in the Capital budget, when we did the budget six months ago. SUPERVISOR HORTON: The money for the roof was appropriated in the 2004 capital projects budget. MR. CARL1N: When are you going to do that roof over? SUPERVISOR HORTON: That is... MR. CARL1N: Because people are going to have to be wearing raincoats to go down there. SUPERVISOR HORTON: I will let them move on it quickly. MR. CARL1N: Okay, now here is another thing. Talking about that area down there. Another thing, Josh, that has been bothering me for a long time-why do we call it 'disposal center' 'solid waste disposal center'? It is not a solid waste disposal center. Solid waste disposal center is cesspool waste. SUPERVISOR HORTON: No, that is scavenger waste. MR. CARL1N: Well then call it scavenger waste. SUPERVISOR HORTON: No, no, no. The current facility is a solid waste disposal facility. Cesspool refuse is scavenger waste. MR. CARL1N: Boy. But anyway, now here is another thing that bothers me. I am still on that area, are we building something down there that is top secret? ! mean, are we building an atomic bomb or something we don't know about down there? SUPERVISOR HORTON: Where? MR. CARLIN: On the solid waste, down there, down at the composting, the dump. I wanted to be nice about it. Is there some kind of top secret down there that somebody goes down there, they go take a picture and somebody comes at them and they can't take pictures down there? SUPERVISOR HORTON: Oh, ! read the same letter as you. MR. CARLIN: What is going on down there, Josh, man come on, man. SUPERVISOR HORTON: Actually, we cleared that up. ! called, you are referring to the letter to the editor, apparently it said something to the effect of, she got out of the car and was asked to get back in the car. It was simply a matter of policy that if you are going to get out of the car in an area that is not, where you are not engaged in the disposal of your refuse or recycling, then we just need to know from a safety standpoint, when and where you get out of your car. Because it is not, there is heavy May 4, 2004 Southold Town Board-Regular Meeting 44 equipment operating in the vicinity and it is not particularly safe for people to just randomly get out of their cars. So that issue was cleared up. MR. CARL1N: Well isn't it, I know you are going to correct it but isn't it as simple to say to somebody, ma'am you have to back off there because you are in an area where there is safety. You don't just, you know, but that reminds me of that time about a month ago when I mentioned to you when I called up the clerk down there to find out how much one of these bags cost, these biodegradable bags, I wanted to find out how much it cost the Town to buy and the girl in there, the building there told me she couldn't give me that information. I would have to fill out a Freedom of Information form. Remember I mentioned that to you about a month ago. You forgot that one, right, Josh. You know what bothers me, scares me a little bit because it gets to the point were I see a thing like that picture and all that and all that, that pretty soon you are going to have to need a Town photo ID to get into the Town landfill. SUPERVISOR HORTON: You never will. MR. CARL1N: Or you going to need a metal detector to get in there. They will be check you with a metal detector. That bothers me. Okay, I guess that one is .... One thing I can say about you gentlemen up there and ladies, boy you got all kinds of answers for everything. Boy, oh boy, oh boy. I was going to, I might do it yet tonight because I am funny that way. Senior citizen building in Peconic Lane, are we doing anything to try to fix that up for the seniors down there? SUPERVISOR HORTON: Yes. MR. CARL1N: When we going to do it? SUPERVISOR HORTON: Actually, this spring the Department of Public Works has some work slated for the facility. MR. CARL1N: You are going to fix it up for the people down there, a little better than what it is, right? SUPERVISOR HORTON: Absolutely. MR. CARL1N: I want to speak on the cops but I will let that go tonight. I am not going to make the affordable housing public meeting because I like my, I learned something at the last meeting, when I speak I want to speak on this portion of the Town Hall because if I get up and speak on something on the public hearing, then I am challenged that I am drifting away from the subject and so I learned something by it. What I want to say, I'll say it now. I am not going to say much about affordable housing but I know I will say this much, that you know, Josh, we had affordable housing in this Town in 1989. Did you know that? SUPERVISOR HORTON: Yes. MR. CARL1N: Here it is right here, here is some houses right here in 1989. But it faded out, actually that is usual it faded out in this town, never went anywheres. But there is a couple of houses built the May 4, 2004 Southold Town Board-Regular Meeting 45 year before graduated from Greenport High School. That was something. But it amazes me why, if we want to have affordable housing in this town why do we have to go with Mayor Kapell for? Why can't we do it on our own? Gee, you look at Riverhead, East Main Street there, they already got seven houses half built already. Why do we have to go in with him for, get involved with property for? SUPERVISOR HORTON: We agree with you, Mr. Carlin. MR. CARL1N: Why can't we do it on our own? Why do we need him for? SUPERVISOR HORTON: We agree with you. MR. CARL1N: Well, then what is the big deal? You know what bothers me too, and the people, and you haven't answered this one yet, and ! am not going to go any further on this because ! don't want to take too much more time up but what bothers me on this a lot is and people better start looking at this more than even they are now because there is a lot of things involved here. Value assessment, assessment values and also, you have never answered this question of how many are going to be built? Have you ever answered that question? That this plan that you are going to have with Mayor Kapell if you do go through with it but ! don't know, how many buildings do you plan on having? People want to know that. And to this day, no ! don't think you said that. So ! am not going to get involved in this but ! want to say to the people of Southold Town, that look carefully, there is a lot of things involved here. Property assessments and the effect it has on our town and Greenport town. Look at it very closely. SUPERVISOR HORTON: Will do. MR. CARLIN: Homeland security. I won't get into that tonight with the Orient Point ferry. I got one more thing here. I see that you are going to have a lawsuit coming up from Hess gas station, its like every time we make a decision on something like that, we end up going to court. But let me ask you a very important question. When we go to court on these legal things, do we hire outside attorneys? SUPERVISOR HORTON: We do on occasion. Actually, let ! should say, let me more accurately say, oftentimes we do. MR. CARLIN: Oftentimes we do. About average how much fee do they get paid for an hour? SUPERVISOR HORTON: I think on that specific case, I think Mr. Isler's municipal rate is $185 an hour. MR. CARLIN: $185 an hour. The reason why I say that Josh, is because looking back in my history we made some deals with and you are probably going to say to me that was in the past but see, we could learn a lot of things from the past, you know, that is why ! want to sit down and talk to you sometime. The auto dealer that we have in Mattituck, you know that sells used cars there by the famous McDonalds there, the auto dealer there. He had to take the Town to court because the Town wanted to prevent him from selling cars there. The judge ruled in his favor and told him to get his article 78, for the Town to get the article 78 together and he won on that one. Now, here is one that May 4, 2004 Southold Town Board-Regular Meeting 46 bothered me a lot. The radio tower that just came down by Sound Avenue there in Mattituck. That went up about 2 lA years ago. SUPERVISOR HORTON: And it took us two years in court to get an order to take that down. We fought it every step of the way. MR. CARL1N: ! am going to get to that. It was given a permit by the Town of Southold. Now, after the man start putting it up, got almost 80% of it up, he invested $80,000 in that, there was some complaints made about it and the Town ordered a stop order on it and it ended up in court. My question here is, why was it allowed to go that far? Why did the Town ever give him a permit for and wasn't a public hearing held on it? Why did it let it go that far and then end up in court costing the taxpayers money for legal fees? You wasn't probably on board that time, so you might not be able to answer that. SUPERVISOR HORTON: ! am actually, ! initiated the lawsuit. MR. CARL1N: Oh, you did? SUPERVISOR HORTON: Yes, ! didn't, ! wasn't Supervisor when it was erected. MR. CARLIN: Why would you issue something without really looking into it and finding hey, that is not the place for it, we better not put it up there. SUPERVISOR HORTON: There is a little more to that story than why was it issued. MR. CARLIN: I know, I know. Well that is more on that one there. Okay. Well the back one in history in '89, ! won't go into that with Charlie Zahra's case, that was a beauty that one was. I'll never forget that one. SUPERVISOR HORTON: Do you have anything else for us, Mr. Carlin? MR. CARLIN: Let's see, ! have got to do one more thing because ! won't sleep right tonight if! don't. You know, ! had a saying with my good friend Tim Wacker here, years ago. He used to see me in town and he would say, 'hey Frank, are you at the Town Hall with your battleship firing off big 16 inch guns?' Hell no, ! am not doing that no more. ! am doing the submarine instead and firing torpedoes. So tonight, ! am going to fire off my practice torpedo. ! don't want to get you's all bent out of shape, this is the way ! operate, ! gotta say it. ! would suggest that in future elections, that all Councilmen as well as the Town Supervisor's be elected for two years, instead of four. SUPERVISOR HORTON: I agree with that. MR. CARLIN: It is a nuisance to vote every two, but we vote for the Supervisor anyway, you know? We vote for the Supervisor anyway. And ! know it would never get on this Board as a resolution and it would never be passed, so why don't we put it on the next time when we vote as a proposition on the voting ballot and let the people decide. Now, ! fired that torpedo, ! am going to surface my submarine, ! am going to continue on and go home and have a Big Mac at McDonald's. May 4, 2004 Southold Town Board-Regular Meeting 47 SUPERVISOR HORTON: Thank you, Mr. Carlin. Would anybody else care to address the Town Board on specific town business? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. When will we be moving over to the North Fork Bank, Mr. Romanelli? SUPERVISOR HORTON: Late May, early June. MS. EGAN: In the interim, is it possible as it was strongly suggested that we get voice mail over at the Trustees? SUPERVISOR HORTON: We will have voice mail for the Trustees upon the move. MS. EGAN: But not before? SUPERVISOR HORTON: No. MS. EGAN: Not very smart. SUPERVISOR HORTON: I think they have caller ID. MS. EGAN: Pardon? SUPERVISOR HORTON: I said, I think they have caller ID but not voice mail. I am not sure. MS. EGAN: That doesn't help me. There is still a great deal of water coming up on the roads, this is partly due, you know because Long Island is sinking and with all those big construction .... I don't find it funny, Mr. Romanelli. I find you very rude. When I am speaking that you laugh. Do you do that at your home? COUNCILMAN ROMANELLI: Yes, I do. MS. EGAN: There is a great deal of water coming up, Josh, especially down there in the areas that I know of. Down there by Peconic Landing, by Riverhead Building Supply, at the truck entrance for the Sunrise, the bus entrance on the south side for Sunrise Bus and it is very bad. Very bad. And I don't know whether there really can be anything to do, I don't think it can be corrected because I think the water is coming in from the Sound, the Bay and then with these humongous trucks that we have coming in that we never had so many of, it is causing it worse. It is right in front of my neighbors house, right in front, in our little circle there. We are spending a fortune for things. Now, also, I had suggested strongly, with all your money and the way you are spending it, that you need another Code Enforcer. Maybe you would like to go to the back of the room, Mr. Romanelli? COUNCILMAN ROMANELLI: Will you stop? MS. EGAN: No, I will not stop. May 4, 2004 Southold Town Board-Regular Meeting 48 SUPERVISOR HORTON: Mrs. Egan, please continue. MS. EGAN: I am paying your salary, dear. I don't get my money's worth. I think we definitely need another Code Enforcer because once we put a new Code Enforcer, then we can put some rules and regulations in for noise control and the problem existing for the smoking. The Police can't do it. That is a Board of Health or a Code Enforcer. The problem existing for liquor stores being open on Sundays if they promise and prove that they will close one day a week. Now, that to the best of my knowledge has not happened here in our town yet but let me tell you, with the economy going down, the liquor stores will be probably forced in some way to open on a Sunday and you don't have enough police and that is why you need another Code Enforcer, which ! have requested ! think for at least two or three years now, Josh. And ! don't want to hear, 'we will look into it', ! never see any of you, Mr. Edwards, Mr. Ross or any of them writing these things down. Is your head falling off, Mr. Edwards? SUPERVISOR HORTON: Mrs. Egan, Mrs. Egan. COUNCILMAN EDWARDS: Mrs. Egan, ! hear you, ! don't happen to agree with you but ! hear you. MS. EGAN: No. Well, write something down and do something. SUPERVISOR HORTON: Mrs. Egan, please. MS. EGAN: Now, oh, this you might like to know. Very interesting factor. As far as the affordable housing and your meeting, ! consider it campaigning on the tape you run all the time, by point of fact, in it, you state, ! believe and maybe Mr. Wickham did don't quote me on that one, that from Chapel Lane you can walk to town .... SUPERVISOR HORTON: No, ! do not state that. Because ! do not happen to agree that from Chapel Lane it is a reasonable and safe walk. MS. EGAN: It is a mile and three tenths to 7-11. SUPERVISOR HORTON: Exactly. MS. EGAN: Now also and there is no sidewalk. The only sidewalk available is where Riverhead Building and then you have to walk across into all that traffic. Let me ask you this, has anything been resolved on the Whitaker House? SUPERVISOR HORTON: As ! said, we are negotiating. We received bids and we are negotiating. We don't have a contract. MS. EGAN: You don't have a contract. SUPERVISOR HORTON: No. MS. EGAN: Did you reject, has there been any rejections or are you still under the same bids that you were the last Town Board meeting? May 4, 2004 Southold Town Board-Regular Meeting 49 SUPERVISOR HORTON: We are under the same list of bids from the last Town Board meeting. MS. EGAN: ! see. Now, has anything been resolved about the light and the stop signs on Love Lane? SUPERVISOR HORTON: The light and the stop signs. MS. EGAN: The last Town Hall meeting. SUPERVISOR HORTON: You are talking about .... MS. EGAN: You are having a senior moment, ! think. SUPERVISOR HORTON: No, not a senior moment. MS. EGAN: We discussed about putting the full stop on the north side by Pike, wasn't it? Also addressed the fact that how dangerous it was .... SUPERVISOR HORTON: Mrs. Egan, we did put a four-way stop on Love Lane. MS. EGAN: Oh, it has been put in? SUPERVISOR HORTON: Pike and Love Lane. MS. EGAN: What about on the Main Road and Love Lane? SUPERVISOR HORTON: That has, yet again, actually after your meeting, again was brought to the Department of Transportation because that is a state road. MS. EGAN: Uh huh. Oh, yes, getting back to what ! said, Mr. Kapell is certainly doing his homework in regard to the affordable housing. He even had a meeting with the ministers of the Town of Greenport. ! thought that was very interesting, ! don't know that ! have ever seen him in church, ! though it was very unusual that he should be there, but ! guess maybe it would be good if somebody prayed for him, I, certainly ! don't. Now, so of course, there has nothing been done about the noise control because you don't have an enforcer and so and of course the problem still is existing in front of Peconic Landing. You don't seem to care, the state police care, Southold police care and so do the Riverhead police. But none of you really care up there but ! pray for you anyhow. And you sure do need it. Bye. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Town Board? Mr. Harris. PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Peter Harris, Greenport. Superintendent of Highways, Town of Southold. Before ! say what ! came to say, ! would like to make a comment. Make a comment pertaining to every meeting we have agendas, we have resolutions and different departments in this Town are critiqued by misinformed people that get up to microphones because they May 4, 2004 Southold Town Board-Regular Meeting 50 don't know what they are talking about. My Department has been critiqued on many occasions and Josh, you don't want me to say this because ! have got to get it off my chest. SUPERVISOR HORTON: Go ahead. MR. HARRIS: People get up to this microphone and they critique and they want to know about budget mods and what is this and what is that. Well, they don't understand when you set up a budget back in November, you can't foresee what is going to happen come January 1 and through the rest of the year. Sometimes you have to step outside of the guidelines of where you had appropriated funds for. SUPERVISOR HORTON: Pete, are you addressing the Board on something the Board did? MR. HARRIS: No, this is not... SUPERVISOR HORTON: Because we have supported every budget modification you have put forward .... MR. HARRIS: Josh, this is not anything against the Board. This is for the people of Southold Town, Josh. Please just bear with me for a couple of minutes. Okay? ! would just only request that we can always agree to disagree but if you are going to come up to the podium and attack, whether it is any one of you people sitting up on the dais or it is any department or elected official in this Town, make sure that you know what you are talking about before you do it and that is all ! got to say about that. And ! got to tell you, ! have got a few of the people that work for my department and everyone of them, they do a great job. With that being said, last fall Assemblywoman Patricia Acampora came through with a $10,000 grant for my department for this Township. With that grant, going out the two main thoroughfares being NY State 25 and County Road 58 and every single town road that intersects those two major arteries, we will now be installing these new, over-sized, very well illuminated signs. People have said that coming into town, Southold Town is a beautiful Town but they have a very hard time trying to locate streets. Well, once these come in and we start putting them up, it should make life simpler for everyone that wants to come into Southold. With that being said, thank you very much. SUPERVISOR HORTON: Thank you, Pete. Are their other comments from the floor? Yes, Mr. Carlin. MR. CARL1N: Josh, would you look into this because ! think ! mentioned this once before. ! had a yard sale once, it was on a Saturday morning and a Detective came around to check my yard sale permit. That is no job for no police department or no detective, come around on a Saturday morning in the middle of the summer, they got other things to do then go around checking for yard sale permits. ! don't know if they are still doing it, see if they are, try to prevent it from happening. That is the Code Enforcement's job. If he don't want to work on a Saturday, then give him a day off during the week to come in on a Saturday to go around and check the yard sale permits. SUPERVISOR HORTON: Okay, thanks. MR. CARL1N: That actually happened, ! can prove it. May 4, 2004 Southold Town Board-Regular Meeting 51 SUPERVISOR HORTON: ! believe you. MR. CARLIN: I couldn't believe it. SUPERVISOR HORTON: Thanks, Frank. Yes, Ms. Norden. MS. NORDEN: With respect to resolution #383, are the amendments ready for public distribution? This is on the affordable housing amendments to the .... SUPERVISOR HORTON: Yes. MS. NORDEN: Okay. And they are available with the Town Clerk? Great. Also, ! know there has been a little bit of talk about the moratorium and the fact that it does end in August and about whether it will be renewed and what kinds of recommendations will be made, with respect to that, ! wondered if Mr. Ross or Mr. Edwards have anything to report to us in terms of their presentation contract with the people, it is nearing June 1st and ! wondered if you have given any thought to what your plan is going to be that you had promised us when we elected you? COUNCILMAN EDWARDS: There were two issues addressed in that; one was to put in place tracking mechanism, which would guarantee a minimum of 1 O-acres preserved for every new house lot subdivided and approved. That tracking mechanism is being put in place by John Sepenoski. MS. NORDEN: Could we have a report on it? COUNCILMAN EDWARDS: It will be a quarterly report and I am not sure exactly .... SUPERVISOR HORTON: If you recall a couple of Town Board meetings back, the Board passed a resolution authorizing members of various departments to compile that system, to put that system in place. COUNCILMAN EDWARDS: Let me just finish and then you can have your say. MS. NORDEN: Okay. COUNCILMAN EDWARDS: With respect to the second point that we made, which was that we would introduce legislation towards solving the affordable housing crisis or problem depending on your perspective in Town; here it is. SUPERVISOR HORTON: There are others. COUNCILMAN EDWARDS: There are others but this is a very important element and there will be others. SUPERVISOR HORTON: That would provide a broad stock of housing opportunities that would be permanently affordable. And that is what this is. May 4, 2004 Southold Town Board-Regular Meeting 52 COUNCILMAN EDWARDS: And the subdivision code also addresses that as well as the inclusionary zoning, which is under discussion. SUPERVISOR HORTON: And the housing fund that is on for public hearing, I think at the next meeting. MS. NORDEN: Right, ! understand that. But ! think that from what ! understood from what understood though, your contract also included certain overall goals vis-h-vis preservation. COUNCILMAN EDWARDS: But you cannot tell whether you have met the goals if you don't have a tracking mechanism and that tracking mechanism has been put in place. MS. NORDEN: Okay, so it is put into place; when can we expect our report and once it is in place, how frequently will reports be given? COUNCILMAN EDWARDS: It will be a quarterly report. SUPERVISOR HORTON: ! think we had a July deadline. COUNCILMAN WICKHAM: A quarterly report. The first quarter that will be undertaken begins in April of this year. April, May, June and the first report will be due the third week in July, covering that first quarter. COUNCILMAN EDWARDS: And the reports thereafter will be quarterly and obviously cumulative because a single quarter doesn't really indicate a clear direction as to how well you are hitting the numbers. MS. NORDEN: Okay, thank you. SUPERVISOR HORTON: And actually to that end and ! wanted to, ! didn't, you brought that contract up and that was something ! hadn't thought of.... MS. NORDEN: No, no. I was just curious. From what I understood the contract was further reaching than what we are talking about at present. ! thought you were going to address issues that had to do with preservation legislation. SUPERVISOR HORTON: But ! wanted to say that both Dan and Bill, on your short time on the Board, the work that you have done and the ability to engage in the depth of the issues that we are facing has been phenomenal. Your energy levels, your participation, your ability to grasp the issues has been great. And also to jump right into drafting actual legislation, which is not easy. And as far as your promises, your campaign promises, ! think all of us share across the Board, to provide legislation that would ensure a broad range of permanently affordable housing, if you said by June lSt; well then you are good students, you are well on your way. The Town Board as a whole, ! think, has been doing a great job. And thank you, Pat, for your assistance on that. Are there other comments from the floor? TOWN CLERK NEVILLE: Yes, ! would just like to extend my thanks and gratitude to you, Mr. Supervisor and all the Town Board members for your resolution and proclamation for Municipal May 4, 2004 Southold Town Board-Regular Meeting 53 Clerk's week and just say it is truly my pleasure and my honor to serve the Town Board and all the residents of the Town of Southold. Thank you. SUPERVISOR HORTON: Thank you, Betty. Thank you all for attending. Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 6:39 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