Loading...
HomeMy WebLinkAboutTB-06/15/2004SOUTHOLD TOWN BOARD REGULAR MEETING June 15, 2004 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, June 15, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of Allegiance to the Flag at 7:30 P.M. Present: Supervisor Joshua Y. Horton 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 Absent: Justice Louisa P. Evans SUPERVISOR HORTON: Welcome to the June 15 meeting of the Southold Town Board. Thank you for joining us. We have reports, public notices and communications available at the Town Clerk's Office, available for your review between 8:00 A.M. and 4:00 P.M., during the workday, Monday through Friday. We do have one piece of communication that ! would like to share and this is in response to a request that the Town made that was brought to the Town by members of the Cutchogue Fire Department and ! believe, most instrumental in voicing these concerns and following up was Jim Roach, who also happens to work for the Southold Town Highway Department. "Dear Mr. Horton, This is in response to your request to change the traffic signal operation on Route 25 at Cox Lane/Eugene's Road in Cutchogue. Based on our analysis, we will change the operation of this traffic signal to the split phase operation. This will give motorists on Cox Lane and Eugene's Road exclusive green phases, which will enable them to make their desired moves with no opposing traffic. This work is included in our current Route 25 construction project scheduled for this area." And so ! want to June 15, 2004 Southold Town Board Meeting 2 thank the Cutchogue Fire Department and Jim Roach specifically, for bringing this to our attention and I am glad that we were able to effect that change through the New York State DOT. Can I get a motion for the approval of the minutes? Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Minutes from the Town Board meeting of May 18, 2004 be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $199,505.35; General Fund Part Town bills in the amount of $23,720.60; Highway Fund Part Town bills in the amount of $57,514.37; Capital Projects Account bills in the amount of $42,978.41; Open Space Capital Fund bills in the amount of $1,100.00; Community Preservation Fund (2 % tax) bills in the amount of $9,190.00; New London Terminal Project bills in the amount of $842,329.80; Employee Health Benefit Plan bills in the amount of $8,961.20; Fishers Island Ferry District bills in the amount of $15,292.05; Refuse & Garbage District bills in the amount of $49,481.44; Southold Wastewater District bills in the amount of $8,006.69; Fishers Island Sewer District bills in the amount of $627.56; Southold Agency & Trust bills in the amount of $4,212.56 and Fishers Island Ferry District Agency & Trust bills in the amount of 100.22. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held Tuesday, June 29, 2004 at 4:30 P.M. and 8:00 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Town of Southold Budget Report - for month ended April 30, 2004 2. Scavenger Waste Treatment Facility - April 2004 3. Southold Town Justice Court, Bruer - May 2004 4. Recreation Department - May 2004 5. Southold Town's Program for the Disabled - May 2004 Events 6. Southold Town Justice Court, Price - May 2004 7. Southold Town Justice Court, Evans - May 2004 II. PUBLIC NOTICES None June 15, 2004 Southold Town Board Meeting III. COMMUNICATIONS None 3 SUPERVISOR HORTON: I believe we are also going to set a Town Board work session next Tuesday at 9:00 A.M. and the date of that is June 22, for a work session for the Southold Town Board, it will be in the conference room here in this building. I don't think we need a motion for it, I just want to make sure it is stated on the record. Thank you. That being said, we have resolutions that the public may comment on prior to the reading of the resolutions. As well, after the voting on the resolutions, we offer the floor to the public to comment on general town business. I don't think we have any public hearings this evening. Very interesting. Well, we will have a few at the next one. Would anyone care to comment on resolutions that are on the agenda? Chief Cochran. CARLISLE COCHRAN, SOUTHOLD TOWN POLICE CHIEF: In reference to the resolution that is being proposed to oppose the new protocols set forth by Suffolk County which will basically affect our emergency rescue response in a negative way. Although there are response issues in the western end of the county, our EMT's and volunteers respond quickly and professionally on a regular basis. Traditionally, there response time is almost unbelievable. This protocol will cause them to stop and make a phone call before they respond and actually slow down their response. That phone call will be made to our E-911 system and we could be flooded by calls from EMT's responding and actually miss other emergency calls coming in. So I would ask the Board and the Supervisor to support that resolution in opposing the protocol, support the opposition, for the good of the whole community and the Town. Thank you for your time. SUPERVISOR HORTON: Chief, thank you. And thanks for your efforts in researching this and keeping us abreast of the movement of the legislature as it pertains to our emergency services. Thank you. And Chief Shalvey. TOM SHALVEY, CUTCHOGUE FIRE CHIEF: I am here for the same reason as Chief Cochran, I am representing the Southold Town Fire Chief' s. We also don't feel that that resolution is fair to the east end Towns. There are areas in some of our districts that we couldn't possibly respond to in the time limit that they are asking us to be there, they are talking nine minutes and without breaking a lot of the speed records, it is just impossible to get there in some of our far-reaching areas. I believe also the protocol has, if we are responding to a heart attack, I mean a minor call, a cut finger or something and a heart attack call came in, CPR in progress, we are not allowed to divert to the more serious call anymore, we have to continue to the first call and someone else has to be activated and that is not fair to the person who is in more serious trouble. So we also would like to support the resolution against the REMSCO protocols. Thanks. SUPERVISOR HORTON: Thank you, Mr. Shalvey. Would anyone else care to address the Board on the resolutions? Mrs. Egan. JOAN EGAN: Good evening Mr. Horton and Board members and the public. I hope everybody had a nice day. I know I got my power nap in. Now, #464. Now, is this pretty much the same as the one for #470? This is the summer people. And I think this was addressed at the last Town Hall meeting? June 15, 2004 Southold Town Board Meeting 4 SUPERVISOR HORTON: This is, right, #464 is appointing seasonal staff for the summer. Life guards, beach attendants, beach managers, recreation specialists, recreation aides and life guard trainer. MS. EGAN: And of course we reviewed with them about the American flag and you said that they have, you weren't quite positive that all of them had access to a cell phone. ! think the larger ones do but you were not sure whether the smaller beaches have somebody. You said that the police patrol those places and as the Chief and all know, they are having quite a busy season, so ! think that all of those life guards and those people should have some way of contacting for help. And ! think we have enough money to provide them with a cell phone and ! hope you will do that because they can't be everywhere. Unless you want to hire another policeman, which you should anyhow. Okay, oh, #465. Now where is Dennis Bradley and Associates from? SUPERVISOR HORTON: You are going to love this answer. MS. EGAN: Not from Southold? SUPERVISOR HORTON: Not even remotely close, actually, Mrs. Egan. Mr. Bradley has been working with us from his office in Kansas City. MS. EGAN: Great. We don't have anybody here on the East Coast that can help us, huh? COUNCILMAN WICKHAM: Yes, we have. Our Town Engineer, who will be joining forces with him. MS. EGAN: We have what, dear? COUNCILMAN WICKHAM: Our Town Engineer will be joining forces with him and he is a local person, employed by the Town. They will work together. MS. EGAN: And this local person lives .... ? SUPERVISOR HORTON: In Greenport. MS. EGAN: In Greenport. Wonderful. This is fantastic. Now, the one thing ! want to, this will be kind of a question for all of you, these summer interns, do they all receive some form of salary? SUPERVISOR HORTON: Not all of our interns do. Some are paid interns and some are volunteer. MS. EGAN: Will Angela Cappabianca... SUPERVISOR HORTON: Cappabianca? Which number was that? MS. EGAN: #471. SUPERVISOR HORTON: ! will tell you as soon as ! look at it. June 15, 2004 5 Southold Town Board Meeting MS. EGAN: And where is she from? SUPERVISOR HORTON: That is a paid internship. MS. EGAN: And what do they get an hour? SUPERVISOR HORTON: $9.54. MS. EGAN: $9.54. And how did she get the job? SUPERVISOR HORTON: She applied for it. MS. EGAN: Is that done through the school? Is a notice put in the schools or is it advertised? SUPERVISOR HORTON: We do canvass guidance counselors. MS. EGAN: Then what about Julie Hall? SUPERVISOR HORTON: That is a paid internship as well. MS. EGAN: And she is from? SUPERVISOR HORTON: ! believe Ms. Hall is from Southold. MS. EGAN: ! very rarely hear from Mattituck or Cutchogue. SUPERVISOR HORTON: Well, the next one is from Mattituck. MS. EGAN: Wonderful. Oh, Nicole Notaro, for the Justice Court. She is from? SUPERVISOR HORTON: Mattituck. MS. EGAN: Mattituck. And she got her job through the school or advertisement? SUPERVISOR HORTON: She contacted the Justice Court. MS. EGAN: Oh, she herself contacted the Justice Court? SUPERVISOR HORTON: ! believe so. MS. EGAN: And she of course, was approved by the Judge and all of that? SUPERVISOR HORTON: Yes. MS. EGAN: Okay. Now, #476, that is Mrs. Neville and ! am glad she goes on these things and ! at one point here, within the last six to eight weeks was criticized by in some degree about hours for June 15, 2004 Southold Town Board Meeting 6 certain of your people and ! think when you are voted into office, when you accept the nomination and you are voted, it goes with the job that you are going to work many hours over 40 and if you don't like to do that, then you shouldn't accept the nomination. Oh, now #478, now, how does one apply for a seasonal Bay Constable and what qualifications do you need? SUPERVISOR HORTON: You have to be a qualified Bay Constable and that carries with it some training in carrying a side-arm, law enforcement training; as well as boat handling experience and you also have to be either off of a Suffolk County civil service list or have been employed in some capacity as a police officer or a bay constable. MS. EGAN: ! don't know whether any of you have what is now considered the unpleasant experience of taking a boat out. The traffic is horrendous, nobody seems to obey the rules, so you might want to consider, you have somebody available for Mr. Dzenkowski and .... SUPERVISOR HORTON: Yes. MS. EGAN: Well, we may need to get another small boat because it is pretty bad out there. SUPERVISOR HORTON: We have also managed to bring the Coast Guard and the Sheriff's Department into Southold Town waters, at the end of last summer and this summer. MS. EGAN: Good. ! am very pleased when ! come to court every Friday and ! hear what Judge Price and Judge Bruer give some of these boating people. A pretty stiff fine and many of them kicked out of our waters, sometimes for two, three or four, five years and ! am very happy to hear that. Now, #479, you knew ! was going to bring up that. Why, in gods name does he have to go to a bicycle National Conference? SUPERVISOR HORTON: No, it is not a bicycle conference. It is a biocycle... MS. EGAN: Well, that is what the paper says, dear. SUPERVISOR HORTON: Oh, then forgive our typo. It should read Biocycle. And the information that he brings back from those seminars has been invaluable to Southold Town and actually, our Town recycling program has been noted as one of the most progressive in the State. MS. EGAN: I wish it would progress away from here because I think... SUPERVISOR HORTON: No, personal attacks on him, please. MS. EGAN: No, ! said the program stinks and of course, it is too much money and you know it as well as ! do. Okay, #483 and maybe the Chief would like to put some input into this one also, request New York State Department of Transportation, to conduct a traffic survey on State Route 25 in Mattituck, in the area of the Mattituck-Laurel library to lower the speed limit. June 15, 2004 Southold Town Board Meeting 7 SUPERVISOR HORTON: And when this is sent, this resolution and the letter, in that letter in the content again, this is officially asking for a traffic study in that corridor that you have spoken to several times and quite effectively. MS. EGAN: Yeah. We need a three-way light there, ! mean, SUPERVISOR HORTON: As part of our efforts, ! am going to include in the letter that the Love Lane and the 25 intersection also be seriously addressed over the course of their DOT study. And ! want to thank you for not only bringing that to our attention but reminding us of that. MS. EGAN: Oh, you know the elephant up here, she doesn't forget a thing. #484, Mr. Fischetti... SUPERVISOR HORTON: He is from Southold. MS. EGAN: He lives in Southold? And he is from Southold? Oh, this is marvelous. SUPERVISOR HORTON: You are having some impact. MS. EGAN: Pardon? SUPERVISOR HORTON: You are having quite an impact on us. MS. EGAN: Good. You know, ! left you voicemail this morning. Did you receive it? SUPERVISOR HORTON: I know. MS. EGAN: Do you want to repeat that voicemail, dear? SUPERVISOR HORTON: ! don't think you want me to repeat it. Would anyone else care to address the Board on resolutions? Yes, Mr. Geiss. GUNTHER GEISS: Gunther Geiss from Southold. On #465, regarding Bradley Associates, first off, I happened to be at the work session this morning and I want to commend you on your effort to expedite the business of getting the shelter plans nailed down. My interest in this is to question whether when you go to the next step, if I understand correctly, there should then be a bid process for architect engineer's to produce the specifications book, the detailed construction drawings and so on and possibly to supervise the bidding process for the construction. SUPERVISOR HORTON: That is correct. It is interesting, to put out the bid, an engineering firm that could put the bid package together, yes, that is correct. MR. GEISS: And would Mr. Bradley and his associates be eligible in that? COUNCILMAN WICKHAM: That is a question we have not addressed yet. June 15, 2004 Southold Town Board Meeting MR. GEISS: Okay. In regard to this, I wanted to bring to your attention a recent article in the Humane Society of the United States magazine called Animal Sheltering, and they did a review of four recent reconstructions, renovations, new constructions; to learn what works and what doesn't. And ! would like to give it to you to use and perhaps you would like to pass a copy to Mr. Richter. SUPERVISOR HORTON: That is most welcome. Thank you, Mr. Geiss. MS. EGAN: Mr. Horton, June 20th, that is a misprint? SUPERVISOR HORTON: That is a typo and we will address that in the resolution, thank you. Are there other comments on the resolutions? (No response) Okay, then we will start with #464. #464 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2004 seasonal summer staff for the period of June 26 - September 6~ 2004: STILLWATER LIFEGUARDS Rose Allen (1 st year) ......................................................... $11.06/hour Dan Bladykas (4th year) ................................................ $11.81/hour Gibson Campbell (2nd year) .................................................... $11.31/hour Robert Conklin (2nd year) ....................................................... $11.31/hour Margot Connor (lst year) ........................................................ $11.06/hour Jordan Doroski (2nd year) ....................................................... $11.31/hour Elissa Fondiller (lst year) ........................................................ $11.06/hour Micah Frankel (1 st year) ......................................................... $11.06/hour Robert Harper (5th year) .............................................$12.06/hour Ryan Kraemer (lst year) ......................................................... $11.06/hour Kathy MacDonald (3rd year) ................................................... $11.56/hour Samuel Notaro (lst year) ........................................................ $11.06/hour Lindsay Riemer (2nd year) ...................................................... $11.31/hour Andrew Stritzl (4th year) .......................................... $11.81/hour Caty Tillman (5th year) ............................................... $12.06/hour Jennifer Whyard (5th year) ........................................ $12.06//hour Sean Whyard (1 st year) ......................................................... $11.06/hour Laura Young (3rd year) ......................................................... $11.56/hour William Zuhoski (3rd year) ..................................................... $11.56/hour BEACH ATTENDANTS Shannon Carrig (1 st year) ................................................... $8.56/hour Kaitlyn Ewell (1 st year) ................................................... $8.56/hour Carlos Katz (2nd year) ......................................................... $8.71/hour Jaimie MacDonald (3rd year) ........................................ $8.86/hour Sara McGinness (1 st year) ................................................... $8.56/hour Cynthia Murray (2nd year) ..................................................... $8.71/hour Julie Sledj eski (1 st year) ................................................... $8.56/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Kristina Amato (5th year) .......................................... $15.06/hour June 15, 2004 Southold Town Board Meeting 9 Emily Harper (1 st year) .......................................................... BEACH MANAGERS Arthur Quintana (16th year) .................................................... Deborah Hennenlotter (1 st year) ............................................ RECREATION AIDES (PLAYGROUND INSTRUCTORS) Kerri Erdman (4th year) LIFEGUARD TRAINER Deborah Hennenlotter (3rd year) ........................................... Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. $15.06/hour $14.31/hour $12.31/hour $10.31/hour $14.31/hour Councilman Ross, Councilman Wickham, #465 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS the Town has engaged the services of Dennis Bradley & Associates to review the Town's design for a new animal shelter building, and WHEREAS, the Town wishes to prepare a final design for that shelter as soon as practicable, now therefore be it RESOLVED that the contract with Dennis Bradley & Associated be modified such that Dennis Bradley & Associates~ working together with the Southold Town Engineer~ prepare a final preliminary design plan for said building incorporating their best iudgments of program and needs as proposed in the Addendum to the Proposal dated June 14~ 2004, all in accordance with the approval of the Town Attorney; and be it further RESOLVED that Dennis Bradley will visit with the Town Engineer for two days during the week of June 21 to carry out this work; and be it further RESOLVED that compensation payable to Dennis Bradley & Associates for work under this contract is hereby increased by $1,840.00 on account of this addendum, plus the cost of travel between Kansas City and Southold not to exceed $500; and be it further RESOLVED that the final plan will be available for Town Board consideration at its June 29, 2004 meeting. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. No: Councilman Romanelli. This resolution was duly ADOPTED. #466 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Steveu Jagaczewski to the position of part-time seasonal deckhand for the Fishers Island Ferry District at $8.75/hour from June 1, 2004 through October 15, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #467 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was June 15, 2004 Southold Town Board Meeting 10 RESOLVED that the Town Board of the Town of Southold hereby appoints Nicholas Gauthier~ of Waterford~ CT to the position of part-time seasonal deckhand for the Fishers Island Ferry District at $8.75/hour from May 20, 2004 through October 15, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #468 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby increases the rate of pay of Derek Scroxton as a result of additional duties and responsibilities associated with the position of Freight Agent, Fishers Island Ferry District to the amount of $13.25 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #469 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #437 adopted at the regular Town Board meeting of June 1~ 2004~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants all part time personnel of the Fishers Island Ferry District a wage increase, effective, May 27, 2004. Increases and personnel are as follows: Joseph Bonano $ 9.00 Benjamin Burdick 9.18 Charles Burgess 27.58 Edward Carboni 9.00 Mark Chanski 10.10 Josh Davis 9.00 Josh P. Davis 8.75 Kyle Davis 9.47 Deborah Dixon 9.83 Eric Easter 9.46 Nicholas Espinosa 9.00 Scott Fenton 9.00 Kyle Gorra 9.02 Ryan Gorra 9.00 Mike Gelman 10.56 David Grote 13.23 John Gural 14.96 Eugene Henson 22.68 Tim Keating 10.30 Henry Kopij 14.96 Sean Maginess 9.00 Kyle Markey 9.00 Bruce Millar 8.74 June 15, 2004 Southold Town Board Meeting 11 Anthony Mirabelli John Morgan Joel Morton Richard Niedojadlo Stephen Pearl Joel Riley Bonnie Scott Jack Searle Russel F. Smith III Benjamin Spitz John Stanford Charles Stepanek Evelyn Stepanek Geoffrey Veitch Jon-Michael Walker Douglass Williams Claus Wolter David Yale Vote of the Town Board: mye~ 11.70 9.19 8.49 9.91 10.10 9.00 9.18 10.32 9.18 9.00 14.48 11.52 11.52 9.02 9.47 9.00 11.26 8.75 Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #47O Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2004 seasonal summer staff for the period of June 26 - September 6~ 2004: RECREATION AIDES (PLAYGROUND INSTRUCTORS) Alanna Fogarty (lst year) ........................................................ $10.31/hour STILLWATER LIFEGUARDS Frederico Carcich (lst year) ......................................................... $11.06/hour Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #471 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Angela Cappabianca to the position of Student Intern I for the Human Resource Center at a rate of $9.54 per hour effective June 21, 2004 through August 27, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #472 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was June 15, 2004 12 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby appoints Julie R Hall to the position of Student Intern I for the Records Management Department at a rate of $9.54 per hour effective June 28, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #473 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Nicole Notaro 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, Supervisor Horton. This resolution was duly ADOPTED. #474 Moved by Councilman Ross, 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.1680.2.400.520 Personal Computer Equipment $9,800.00 From• A.1410.2.300.100 Town Clerk, Town Code Re-codification $9,800.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #475 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of General Code Publishers Corp. for the LaserFiche upgrade to Version 6.2 in the amount of $9,800.00 and authorizes and directs Supervisor Joshua Y. Horton to execute the necessary documents, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #476 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 Clerk Elizabeth Neville to attend the 2004 Municipal Clerks Institute at Cornell University, at Ithaca, New York on August 1-5, 2004. All necessary expenses for registration and travel shall be a legal charge to the Town Clerk 2004 budget A.1410.4.600.200 & .300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. June 15, 2004 Southold Town Board Meeting This resolution was duly ADOPTED. 13 #477 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 29, 2004, at 5:05 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Dorset Farms, Inc. Said property is identified as part of SCTM #1000-100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elij ah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #478 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the hiring of a part-time Seasonal Bay Constable for the Police Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #479 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Solid Waste Coordinator, James Bunchuck to attend the 2004 Bioc¥cle National Conference, from June 21 to June 23, 2004, in Philadelphia, with all necessary expenses for travel, food, and lodging to be a legal charge against the 2004 Solid Waste District Budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #48O Moved by Councilman Romanelli, seconded by Councilman Edwards, it was June 15, 2004 Southold Town Board Meeting 14 RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m, June 2% 2004 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing~ Review of~ and making Decisions on the applications for Maior and Minor Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit{sT in the Town of Southold"~ and extensions thereof~ for the minor subdivision of Dr. Herodotus Damianos/Merlot~ LLC for the parcel identified as SCTM# 1000-75-2-2 (The property is located on Main Road, Southold). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #481 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the use of the Town's 15-passenger handicapped accessible bus for the Village of Greenport's "TallShip Challenge 2004" event~ July 7th through July 13th. The Village has secured one million dollar ($1,000,000.00) insurance coverage, naming the Town of Southold as an additional insured for the period of use. In addition the Village will provide the required CDL licensed drivers and adhere to all appropriate regulations. The Additional Insured Endorsement will be placed on file with the Southold Town Clerk' s office. SUPERVISOR HORTON: Chief, I know that you and Captain Flatley have been doing quite a bit of planning for this event hosted by the Village and we look forward to an update at the next Town Board meeting on the operational logistics and the public safety and security logistics on this. I know that you guys are bending over backwards to assist the Village on this, so thank you. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #482 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Timothy McLaughlin to the position of Student Intern I for the Accounting & Finance Department at a rate of $9.54 per hour effective June 28, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #483 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold requests the New York State Department of Transportation to conduct a traffic survey on State Route 25 in Mattituck, New York in the area of the Mattituck-Laurel Library to lower the speed limit to accommodate the pedestrian crossing sign. June 15, 2004 Southold Town Board Meeting 15 SUPERVISOR HORTON: For the record, this resolution will be accompanied by a letter requesting that entire corridor, particularly the intersection of Love Lane and Route 25 be part of that study. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #484 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with Joseph Fischetti~ P.E. to perform an inspection, review and evaluation of the Town Hall building and the existing systems therein, for the sum of twelve hundred dollars ($1200.00) pursuant to the proposal dated June 15, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #485 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June, 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 therefore be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on June 2% 2004 at 8:00 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. PURPOSE. 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 June 15, 2004 Southold Town Board Meeting 16 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 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 Town of Southold 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. th8; ......... ;c, 8`4 r, ...... ,.t;~, ~cth8 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; ..... ~,~; ..... t ....`4/ ..... ~,~; ............. ;~8 t~ th8 ~t 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 SPECIAL PROJECTS COORDINATOR: Employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold.. June 15, 2004 17 Southold Town Board Meeting § 100-52. Applicability. AHD Districts shall be established by the Town Board ~;~,;~. ,~ ~.~ T ..... D ~ ......... · ~ .............................. ~ ...... that have been identified through the accepted principles of Sma~ 6ro~h planning as being appropriate and desirable locations for affordable housing Such locations include, but are not limited to: land within Hamlet Locus Zones, as may be determined by the Town Board~ land within walking distance of se~ices, shops, schools, and public transpo~atiom land that adjoins existing centers of business and residential development (as opposed to land adjoining firm and open fields)~ and other locations where the project has been shown to meet a demonstrable need. ~ Districts shall ~..~; ~"~ ...; ..... o~..~ ~..~.~+~ .......... ~.~o ~o o..~..~n be designated by Town Board resolution after 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. (1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not gremer 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 one time by the owner for a period not greater than two (2) years with written approval of the Special Projects Coordinator. (3) Multiple Dwellings, (4) Row or Attached Dwellings (5) Apa~ments are permitted within the principal building only, subject to the following requirements: (a) The accessory apa~ment 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 apa~ment 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 comain more than one bathroom. (d) A minimum of one off-street parking space shall be provided. (e) Not more than one accesso~ apa~ment shall be provided per single family dwelling. (0 Not more than fifty percent (.50%) of homes in an approved ~ shall have accesso~ apa~ments. B. Accessory uses. Accesso~ uses as set fo~h in and regulated by ~ 100-3 lC(l), (2), (3), (4), (6) and (7) of this chapter. ~ 100-54. Bulk, area and parking regulations. June 15, 2004 Southold Town Board Meeting 18 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 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 ~--; - ~, ......... s ........... s 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 AB_(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. June 15, 2004 Southold Town Board Meeting 19 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 June 15, 2004 Southold Town Board Meeting 20 Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report 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 report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD 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 report the reasons for such disapproval. In preparing its report 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 off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development, compliance of the proposed development with the standards and requirements of this Article, the then-current need for such housing and such other factors as may be related to the purposes of this Article. E. Town Board public hearing. Within forty-five (45) days from the date of the Town Board's receipt of the Planning Board's report 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 AHD District on the property described in the application. Such hearing shall be held 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. June 15, 2004 Southold Town Board Meeting 21 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: 1. 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. That an improved or unimproved parcel of property within the AHD District shall not be conveyed without written approval of the Southold Town Board. The leasing of an improved or unimproved parcel of property or portion thereof shall be by written lease. 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. 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. June 15, 2004 Southold Town Board Meeting 22 C. Provision for moderate-income family dwelling units and unimproved lots. (1) On land within an AHD District ~-~;-;-~ ~ each dwelling unit and/or unimproved lot located therein shall be reserved for sale or lease to moderate income families registered with the Town of Southold Housing Registry. moderate ~ncame fam~!~es. Fifty percent (50%). . of available homes shall be offered for sale or lease to eligible applicants whose income does not exceed eighty percent (.80%) of the ~ median income for the County of Suffolk. D. Eligibility. In each ~, the sale or lease of dwelling units and unimproved lots shall be rese~ed for moderate-income families who ~ do not ~ad have any ownership interest in any other residence or vacant lot.~.c~- ,~.~ .... v~o~* five r~Jr<~ ...... J shall not exceed twenty- five (.25%) percent of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lotte~ system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: ........ 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. (2) Income eligible individuals or flmilies who have lived in the Town of Southold for a period of at least one (1) year prior to the submission of their application. (3) Income eligible individuals/flmilies 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. (4) Income eligible individuals/flmilies who previously lived for a minimum of one (1) year in the Town of Southold and wish to return. (5) To all other eligible applicants. 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 ~ District rese~ed for moderate-income flmilies ~ must be resold to moderate-income flmilies who are registered with the Special PrQects Coordinator as eligible and in need of housing. ~ ~the In an effo~ to ensure perpetual affordabilitv the maximum resale price ~ 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 PrQects Coordinator who will submit such improvements to the Housing Advisory Commission for determination of: a) whether the capital improvement is warranted and b) if warranted, the value of appreciation to the prope~y at time of improvement and c) the value (if any) upon resale. The Housing Advisory Commission will provide qua~erly repo~s to the Town Board pe~aining to ~ provisions (i.e. sales, resales, capital improvements, etc). June 15, 2004 Southold Town Board Meeting 23 (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. ~~ st ~o/_ ~ ~o/_ ~A A~O/~ A~h ~0/~ A~O/~ ~h Q~O/~ ~0/~ ~ ~0/~ ~ ~0/~ ~+~ ~ ~A I ~0/~ ~0/~ G. The pricing structure for re~tal properties must ~ot exceed the re~t limits as established bF the Suffolk Coun~ Affordable Housing Opportunities Program. The Town Board mar, 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 rese~ed for moderate-income families in all ~ Districts pursuant to the provisions of this ~icle. (2) The Special Projects Coordinator ~ shall promulgate and maintain information and documentation of all dwelling units and unimproved lots rese~ed for moderate-income families in all ~ 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 ~icle. B. Interagency cooperation. June 15, 2004 Southold Town Board Meeting 24 (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 t~4~-, 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 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] June 15, 2004 Southold Town Board Meeting 25 § 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. D. 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #486 Moved by Supervisor Horton, seconded by Councilman Romanelli, RESOLUTION IN OPPOSITION TO SUFFOLK COUNTY'S PROPOSED PROTOCOL FOR EMERGENCY MEDICAL SERVICES (EMS) AND PUBLIC SAFETY ANSWERING POINT (PSAP) WHEREAS, public's health, safety, welfare and the protection of life and property are of utmost importance in terms of governmental responsibility, and with regard to medical emergencies, the outcome depends largely on timely and appropriate intervention; and WHEREAS, the Town of Southold encompasses over 65 square miles and has 7 volunteer fire department/rescue squads that provide a high level of service to the Town's residents and visitors; and WHEREAS, the Southold Town Police Department operates the E-911 system for emergencies in the Town and provides dispatch services to all of the emergency medical services, ambulance services, and first responders operating in the Town of Southold and Red Cross operations in the Town of Shelter Island; and WHEREAS, the Suffolk County Legislature is considering a resolution to "Streamline Emergency Medical Services (EMS) Coordination and Improve Response Time," sponsored by Legislator David Bishop which is calling for an established protocol county-wide based on a recommendation by the Suffolk Regional Emergency Medical Service Council (REMSCO) and a sub-committee known as "Regional Emergency Medical Advisory Committee (REMAC); and WHEREAS, while the goal of the legislative initiative is laudable, i.e., to reduce response time for responders, a "cookie-cutter" approach is ill-advised; and June 15, 2004 Southold Town Board Meeting 26 WHEREAS, the Town of Southold Emergency Medical Services Board has indicated that this proposed regulation by Suffolk County is of great concern to not only the Town of Southold but all five East End Towns of the Peconic Bay Region of Long Island, which differ greatly from the western towns of Suffolk County in terms of population, expanse of service area, and coordination among volunteers providing emergency medical services and fire protection; and WHEREAS, the following factors need to be considered: · Suffolk REMSCO is an advisory council chartered under Article 30 of the New York State Public Health Law to carry out the following responsibilities: (1) Coordinate emergency medical services within the region; (2) Make determinations of public need for the establishment or expansion of ambulance and advanced life support first response agencies; (3) Appoint members of the Regional Emergency Medical Advisory Committee; (4) Develop an annual training plan for the region; and (5) Provide focused technical assistance to voluntary ambulance services; and · The Regional Emergency Medical Advisory Committee (REMAC) is charged with establishing an effective means for physician input into the development of Emergency Medical Service policy relative to EMS patient care delivery, certification and training. The development of treatment protocols, quality assurance initiatives, and the overall medical operation of the Suffolk County Emergency Medical Services System are the primary goals of the REMAC; and · REMSCO and REMAC likely exceeded their authority as the powers and duties are expressly stated under New York State Public Health Law and "adopting protocol" and recommending a county-wide mandate instead of goals and guidelines is not listed with regard to dispatching, crew coordination and response time standards; and · By Act of the State Legislature the New York State Public Health Law may be amended to require the State Commissioner to establish a separate regional coordinating council for the five East End Towns of the Peconic Bay Region of Long Island similar to the legislative action taken to allow the County of Nassau to have its own regional coordinating council several years ago. Aside from training needs, the issues of the East End agencies differ from the EMS agencies servicing communities within the western towns of Suffolk County - with many of the western agencies having paid emergency medical service personnel; and · Failure by Suffolk County to provide county-sponsored liability insurance to emergency medical services agencies on the East End of Long Island is a breach of contract and governmental responsibility; and · Directing the Director of Medical Services to withhold certification for emergency services agencies on the East End of Long Island is an inappropriate and irresponsible directive of the Suffolk County Legislature; and · The response time mandate will cause additional liability issues for EMS agencies county-wide and may negatively impact the taxpayers of the special assessment districts which fund their ambulance district service contracts; and · That a call-in crew confirmation mandate system is not feasible or desirous for all Public Safety Answering Points (PSAP' s) without substantial and detrimental impact to ongoing PSAP operations; and · The measure to require agency plans and enactment of a county-wide protocol is said to be an "unfunded mandate" that the County of Suffolk is forcing upon the East End of Long Island June 15, 2004 Southold Town Board Meeting 27 which does not have the problem of non-responsiveness and lack of crew coordination found among some community ambulance services in western portions of Suffolk County. The measure will cause increasing pressures upon volunteers providing emergency services on the East End which may lead to substantially higher property taxes due to the advent of paid service personnel, constructing and staffing sub-station facilities in remote locations and additional liability lawsuits citing this proposed county-wide response time mandate; and WHEREAS, the Town of Southold Police Department operates a Public Safety Answering Point (PSAP) with responsibility to dispatch police, fire, and EMS personnel; and WHEREAS, REMSCO AND REMAC are not recognized by the Town of Southold Police Department as having any authority over dispatching protocol; and WHEREAS, the draft legislation proposed by the County Legislature may have a substantial financial impact on PSAP's county-wide, which have neither the capacity nor the personnel to accomplish the proposed requirements; and now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ioins with the North Fork Volunteer Rescue Squad Associatiom Southold Town Chief's Council and Southold Town Police Department in opposing the Suffolk County Legislature's resolution to "Streamline Emergency Medical Services (EMS) Coordination and Improve Response Timer sponsored by Legislator David Bishop~ as currently worded; and be it further RESOLVED that the Town Board hereby urges the five East End Town Boards of the Peconic Bay Region to likewise memorialize opposition to the measure which amounts to an unfunded mandate, increased liability to townships and villages county-wide and the EMS agencies under contract to provide such necessary services, a detriment to volunteerism, and irresponsive withholding of necessary certifications and state-mandated liability insurance coverage for which property taxes are levied county-wide; and be it further RESOLVED that the Town Board finds that REMSCO exceeded its authority in recommending protocol be codified county-wide and in doing so has failed to represent the interests of the East End Towns of the Peconic Bay Region; and be it further RESOLVED that the Town Board finds that Suffolk County is proposing legislation which exceeds its authority in connection with dispatch services, as the majority of ambulance / emergency medical services in Southampton Town are dispatched by the Southampton Town Police Department, not Suffolk County; and be it further RESOLVED that the Town Board hereby directs the Town Clerk to send a copy of this resolution to: · NYS Senator Ken LaValle · NYS Assemblywoman Acampora · Suffolk County Executive Steve Levy · Suffolk County Legislature · New York State Commissioner of the Department of Public Health June 15, 2004 Southold Town Board Meeting 28 REMSCO REMAC East End Supervisors and Mayors Suffolk County FRES Commissioner Suffolk County Director of Medical Services North Fork Volunteer Rescue Squad Association Southold Town Fire Chiefs Council Southold Town Police Department Suffolk County E-911 Commission SUPERVISOR HORTON: A bit of history of how this came about, is this was introduced by Legislator Bishop, who is a legislator who represents a western district in Suffolk County, and when this was laid on the table of the Suffolk County Legislature, some of our EMS representatives that are before the Legislature on a regular basis, contacted all of the Supervisor's on the East End and also brought this to the North Fork Rescue Squad Association, the Southold Town ChieFs Council, the Police Department and organizations of a similar nature in all of the East End towns. We have been lobbying, myself and other Supervisor's of the East End towns have been lobbying the Legislature for several weeks now to put this bill back into committee and re-work it so it is something that is workable for western towns as well as eastern towns or scrap it for eastern towns altogether because I think it, the strongest argument is that East End towns are doing above and beyond the call of duty and particularly in response time, as it pertains to response time for EMS. With that being said, we were successful today in having the resolution table before the Legislature and it is coming back up for a hearing on Tuesday, at 1:00 PM at the Legislative Building in Riverhead, at which time I know that representatives of the East End Supervisors and Mayors Association and representatives from all of the volunteer EMS organizations will be present at that and it is going to be a tremendous push from those organizations to have this bill defeated, in the best interests of public safety. I want to thank Chief and Tom Shalvey and also Bob Scott and Robert Jewelers, who is affiliated with the North Fork Rescue Association and several of the other department chiefs and ambulance corps that have worked with me on this. I think on Tuesday, we are going to have some success and send the county back to the drawing board on this one, were they belong on this one, quite frankly. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions. We do offer the floor to the public on town related business. Mrs. Wolf. DOROTHY WOLF: With any luck, we will get to see 'Law and Order'. I am going to read remarks to the Board that are typed and written. ! don't generally come before this Board with a prepared statement but for reasons that will soon become obvious, this is an exception. ! am going to be giving you a copy of my remarks and a copy of the letter that ! am referring to. This morning, ! received by UPS, an urgent delivery letter from Pamela Mann, the attorney for the North Fork Animal Welfare League. Normally, this would be perhaps a private matter between two parties. But it very directly involves this Board and statements ! made to this Board at its meeting on May 18. The letter threatens me with possible legal action should ! continue to raise questions about the way that the League operates; the need for closer oversight of its activities, what ! feel is an overly lengthy renewal of the June 15, 2004 Southold Town Board Meeting 29 contract and finally how an organization can justify spending some 40 percent of its reserve fund on lawyer's fees while the animals in its charge go, are sheltered and living in squalid conditions. Among other things, Ms. Mann states and ! quote: "As set out in the official transcript of the Southold Town Board meeting of May 18, 2004 you criticized the Town Board for entering into a four-year contract with the League and made claims that the Town Board must appoint an oversight committee or risk dire consequences." End of the quote. ! never used terms like 'dire consequences'. I, and others have appealed to you to establish an oversight committee and we are pleased that Councilman Edwards will soon be working on that. The letter goes on to state and ! quote, this is what she claims ! said, "There are some very, very good people, responsible people out there who are very suspect about NFAWL and so what you get is mismanagement, you get abuse and you get stealing. We are talking about a lot of money and you have an obligation to oversee. You have an obligation to look to NFAWL emphasis ended, end of quote. This is a total distortion of what ! said on May 18 before this Board and ! quote here from the Town Minutes exactly what ! said: "There are some very, very good people, responsible people out there who are very suspect about NFAWL and ! think to just blindly, ! don't know if you have seen the movie of the Magdalene sisters, it is what happens when a government says to an agency, "here is your money, do whatever you want, don't confuse me with the facts, just adhere to the printed contract and what you get is mismanagement, you get abuse and you get stealing." That she had used this actual quote and so distorted it, is mind boggling. For an attorney who is purported to be an expert in just about everything. Her letter then goes on to say, quote "according to the transcript, you also note that the League's lawyer is making out like a bandit and implying that the attorney fees paid by the League are the result of improper conduct either on the part of the League, its attorneys or both" end quote. My actual comment was and ! quote, "we are talking about a lot of money and you have an obligation to oversee, you have an obligation to look to NFAWL and if they don't like it, there are a lot of other ways the Shelter can be run. ! find no fault with the Director of the Shelter, one assistant and a couple of old people who walk the dogs, and volunteers when they come and go. It is a $2,000,000 shelter and ! want to tell, be very, very wary, their attorney is one very cagey lady. She is making out like a bandit, her $200,000 is growing by leaps and bounds." And that is what ! said. This is an accurate and true reflection of what ! said, not Ms. Mann's truncated version that she edited in order to create a false picture of my statement. ! want to thank the Town Clerk for accurately reporting my statement. ! wish ! could say that for my Ms. Mann. Lastly, Ms. Mann concluded her letter with the following and again ! quote, "the statement cited above and other similar statements you have made on prior occasions risk harm to the League in its relation with the Town of Southold and damage to the League's reputation and my professional reputation. Should you continue to make such false statements, even after their inaccuracy has been brought to your attention, we will be forced to consider whether to bring legal action against you to stop this defamatory conduct." End of quote, end of letter. ! want this Board, the League Board and the League members and Ms. Mann to know that ! don't take lightly her threat of future action should ! continue to express my concern about NFAWL and the Town's dealings with it. Nor do ! intend to be quiet. ! am a taxpayer and a member of NFAWL and NFAWL is supported in large measure by our tax money. This gives me every right to be openly critical, as long as ! stay with facts - Mrs. Mann's accusations to the contrary. Beyond that, ! am seriously considering several steps in relation to Mrs. Mann. One is to communicate with the State Attorney General; some interesting revelations have come to my attention. ! also intend to look into registering complaints on her egregious and threatening letter with both the Suffolk County District Attorney and the appropriate Ethics Committee of the American Bar Association. The end of my statement. ! thank you. June 15, 2004 Southold Town Board Meeting 30 SUPERVISOR HORTON: Thank you, Mrs. Wolf. Yes, Ms. Norden. MELANIE NORDEN: Again, here is a good example of at that last meeting, Bill Edwards, John Romanelli, Dan Ross said this is just contractual's. It is like dealing with any other vendor. We are not responsible for this and that, this is a vendor relationship. As you can see, it is not a vendor relationship, it is very clear that now the North Fork Animal Welfare League has brought this and brought somebody's action that took place at a Town Board meeting, back to that person, to haunt that person and threaten that person. This is really a mess. ! haven't even been involved in the history of it. But as it unfolds, more and more we see, an irresponsible organization and a less responsible Board. To let private citizens now be threatened because of what they say at Town Board meetings about your vendors, that presumably you have no control over .... SUPERVISOR HORTON: Excuse me, Melanie. MS. NORDEN: Yes? SUPERVISOR HORTON: We do not let a private citizen... MS. NORDEN: No, but what ! am saying is... SUPERVISOR HORTON: Please do not mischaracterize that. Because we would never condone, endorse ..... MS. NORDEN: Okay. But you are condoning the use of. .... SUPERVISOR HORTON: Excuse me, ! think you... MS. NORDEN: ... town funding for an organization that threatens now, its private citizens when they step up to the plate and ask for a review of that process. This is now way beyond a vendor relationship. SUPERVISOR HORTON: The Town Board... MS. NORDEN: It is characterized as, that relationship, by all of you the last time around, people questioned that, they asked for an oversight committee to avoid these very kinds of problems. Now, once again there really should be an active oversight committee. ! don't know what Mr. Edwards has done in that regard. Would you like to speak about the progress of that, Bill? SUPERVISOR HORTON: You are here to address the Board on Town business... MS. NORDEN: The oversight .... no, ! just wondered what was going on with the oversight committee, what kind of progress have we made? SUPERVISOR HORTON: The Board has put forward a number of different recommendations for an oversight committee, is trying to find consensus on how that would be constituted. June 15, 2004 Southold Town Board Meeting 31 MS. NORDEN: Okay, that means we have... SUPERVISOR HORTON: That is what it is. ! told you, there is your answer, Melanie. MS. NORDEN: Okay, so that means we haven't taken the next step. SUPERVISOR HORTON: No, it means there is interest, and you need four people on the Board to agree as to how it will be constituted. So, steps are being taken, Bill Edwards has reached out to some people, Councilman Wickham has reached out to some people. MS. NORDEN: Okay. Well, ! am just pointing out that this is a very serious issue and ! think now, if town residents come before the Board and ask about a relationship that the Board has with the North Fork Animal Welfare League and are then threatened by the lawyer that represents that organization, that this is now far beyond the kind of prosaic vendor relationship over which the Town has no control, as characterized by Dan Ross and Mr. Edwards, the last go around. ! think we really need to look at the fact that this is an extremely complicated issue and that it needs to be reviewed appropriately and we really should put an end to it or get rid of the North Fork Animal Welfare League and start over again with a non-politicized, non-partisan organization that doesn't have this rancorous history. But to put it in a position right now, where the Animal Welfare League is now going to call to question those private citizens that get up and ask the Town about its relationship and the Town washes its hands of the relationship by saying, vendor .... SUPERVISOR HORTON: Melanie, Melanie. Stop tying those two together. Stop it right now. MS. NORDEN: Why? SUPERVISOR HORTON: Melanie, we have... MS. NORDEN: ! have every right to speak out... SUPERVISOR HORTON: Melanie, excuse me .... MS. NORDEN: .... that is how it was characterized by this Board and these Board members. SUPERVISOR HORTON: You do, Melanie. Melanie, excuse me. We have not condoned any accusations made by... MS. NORDEN: ! am not saying that you did. SUPERVISOR HORTON: No, but you are saying that. MS. NORDEN: No, you have condoned a non-responsible ...... SUPERVISOR HORTON: No. June 15, 2004 Southold Town Board Meeting 32 MS. NORDEN: ..... position by saying that you did not, it was a vendor relationship... SUPERVISOR HORTON: MS. NORDEN: No. SUPERVISOR HORTON: And you are doing your best to politicize this issue. We are trying very hard... MS. NORDEN: I am saying, I am reporting, we can have Betty read from the minutes of several weeks ago. SUPERVISOR HORTON: Okay, so your recommendation is an oversight committee, is that you point? MS. NORDEN: No, that is not. My recommendation is that the Town realize that this is a complicated issue... SUPERVISOR HORTON: We realize that... MS. NORDEN: ... and that the relationship is not a vendor relationship, about which you have no say or no control. The last time you blew it out of the water by saying, this is a vendor just like Mr. Bunderchuk, just like anybody else. We don't have any responsibility contractually, we have nothing... SUPERVISOR HORTON: We understand your point. Is there anything on this point that you would like to... MS. NORDEN: Yeah. ! would like to see an oversight committee, ! would like to see it very soon and ! would like to see the Town speak to the lawyer for the North Fork Animal Welfare League... SUPERVISOR HORTON: I think we would like to do that, too. MS. NORDEN: .... and try to understand how it is that private citizens can actually get up at this meeting and then be threatened by what they have to say in a public forum. By a vendor about whom you have virtually no responsibility. That is it. SUPERVISOR HORTON: Excuse me, Melanie. We find it equally appalling. MS. NORDEN: well, then .... (inaudible)...build a strategy to .... SUPERVISOR HORTON: Excuse me, Melanie. There is no need to attack the Board as though we have condoned that behavior towards Mrs. Wolf, because we don't. COUNCILMAN ROMANELLI: And this is the first we are hearing about .... SUPERVISOR HORTON: This is the first we heard with the exception .... excuse me, Melanie. June 15, 2004 33 Southold Town Board Meeting MS. NORDEN: ! just asked you how you are going to manage it and ! don't have an answer. COUNCILMAN ROMANELLI: Well, we just found out about it this evening, also. And ! have got to tell you, ! am a little bothered by that letter myself also .... MS. NORDEN: A little bothered? COUNCILMAN ROMANELLI: ... ! do not think that is the right thing to do. So... SUPERVISOR HORTON: But to attack us as though we are sitting back idle because someone threatened Ms. Wolf is an extremist characterization and yes, you are correct, it should be addressed. MS. NORDEN: ! am not attacking, ! am not saying you stood back. ! am saying that several weeks you characterized the relationship you had with the North Fork Animal Welfare League .... SUPERVISOR HORTON: And no threats had been made, at that point. MS. NORDEN: .... as a relationship with a vendor only, for which there was virtually no responsibility on your part for oversight or anything else. SUPERVISOR HORTON: Your point is well made. MS. NORDEN: Now ! am pointing out that it is a convoluted, complicated relationship... SUPERVISOR HORTON: You are right. MS. NORDEN: ... about which you may need to re-think your position that they are only a vendor, like any other vendor. COUNCILMAN ROMANELLI: Okay, so we agree with you on that, ! think. SUPERVISOR HORTON: And also keep it in mind, also keep it in mind that the Board is working very hard, your points are well made and ! appreciate them and at the same time, the Board is not going to let a rancorous relationship or a troubled past and a seemingly trouble present within an organization de-rail the construction and implementation of a needed shelter. That is our commitment, okay? And Mrs. Wolf, ! am sorry that you, and disgusted that you have been put in that position because you know, ! have sat up here and had people oppose things that ! believe in or oppose things that ! have said and that is what this is about, that is okay. And you are always welcome to speak at Town Board, regardless of your position on an issue and our relationship to that issue .... MS. WOLF: It is my understanding that is exactly what you say and ! appreciate that. SUPERVISOR HORTON: Absolutely, Mrs. Wolf. Thank you. Mrs. Egan. June 15, 2004 34 Southold Town Board Meeting MS. EGAN: I am easy, after that. You never know what comes out of the mouth, though, right?. Good evening, again. I will try to be, I have seven items and we can probably move quickly. The Whitaker House has been completed? Yes or no. SUPERVISOR HORTON: We are in contract. MS. EGAN: But it is not complete? SUPERVISOR HORTON: The contract has not been fully executed and by that I mean we have not been paid and they have not taken ownership. MS. EGAN: So we don't know what the price was? Do you have .... SUPERVISOR HORTON: $350,000. MS. EGAN: Okay. Good. Anybody doing anything about noise control? Even honking horns? SUPERVISOR HORTON: Yes, actually, we have set up several checkpoints and we are going to initiate them over the course of the summer to deal with vehicles that are in excess of New York State motor vehicle standards for noise .... MS. EGAN: And who is going to enforce it? SUPERVISOR HORTON: Our police department .... MS. EGAN: They can't... SUPERVISOR HORTON: Joan, unfortunately the police department is our only arm for enforcement. MS. EGAN: What about the code enforcer? He can't be deputized to do that? SUPERVISOR HORTON: No. MS. EGAN: Why? SUPERVISOR HORTON: It is a law enforcement activity but we are addressing it seriously, particularly the motorcycles in the Village of Greenport. MS. EGAN: Oh, that is terrible, I know. Well, they do have a noise ordinance there, in the Incorporated Village, don't they? SUPERVISOR HORTON: Yes, and we have enhanced patrol initiative to address that. MS. EGAN: Good. Okay. I believe it is, excuse me, I am speaking. SUPERVISOR HORTON: Yes. June 15, 2004 Southold Town Board Meeting 35 MS. EGAN: ! believe it is now six weeks since ! sent a letter to your Town Attorney and ! have not received a response and ! think that is wrong, that is what she gets paid for. SUPERVISOR HORTON: Okay. MS. EGAN: Okay, now, now I did review with you Mr. Horton, that water is coming up and under Peconic Landing on the North Road there. There is a puddle there and it is not just from rain, this is when the high tide and the wind is right. You should inform them of that because it can be loosening the structure under many of those buildings. Now, ! believe some time ago, you told me that Peconic Landing posted a bond. Now, ! am still not clear whether that bond included, maybe it was only a verbal promise, that they would be providing their own ambulance, rather than driving our Greenport Fire Department ambulance off the wall. Has that been done, do you know? SUPERVISOR HORTON: There are no plans for a paid rescue department at Peconic Landing. They rely on the resources that are provided in the East-West Fire District. MS. EGAN: Well, ! think that is atrocious. Alright, now also ! think ! had requested you through voice mail, some acknowledgement of the flowers that ! had provided for our police department around their flagpole. SUPERVISOR HORTON: ! am .... MS. EGAN: Well, ! have told you, have you gone in the front door of the police department? SUPERVISOR HORTON: ! generally go in the back. That way, they don't know ! am coming in. MS. EGAN: No, not good thinking. Chief thinking. In other words, your answer is no. ! think ! have requested that you do go in the front door and see all the flowers and what ! have done and ! would request that a letter be sent to me, ! spent a great deal of money and that is fine. Maybe you will reimburse me in one other way. But also, their in-ground sprinkler system ain't working that well, so myself and Pat and several of the other girls have to take out buckets of water and you wouldn't want their backs to be hurt and have to sue the Town, ! am sure of that, right? And now, how is the new facility working out at the North Fork Bank? ! understand there were some problems with phone hook-ups? That has all been resolved? Mr. Romanelli? SUPERVISOR HORTON: The two phases of the move went virtually flawlessly. MS. EGAN: Not quite. SUPERVISOR HORTON: ! said virtually flawlessly. There was about an hour and a half where there were some hiccups with the phone but there was still service, incoming and outgoing, it was more or less with transferring of phone calls. But everything went very smoothly and we have been in there essentially two days and my interaction with those who have come and made use of the, particularly the Building Department, Zoning and Trustees Departments have been very positive because it is very user friendly and there is a lot of room for people to .... June 15, 2004 Southold Town Board Meeting 36 MS. EGAN: Good. So maybe the animosity that was here maybe hasn't quite moved over there yet. Is that what you are telling me? SUPERVISOR HORTON: Surely. MS. EGAN: Good. Now, ! think again, ! have requested and written letters about it, which have been published in the paper, you need another code enforcer, ! believe Mr. Forrester is very seriously thinking of retiring and not only should he be the code enforcer, he should have a staff with all of your new rules and all of your new regulations, you need a code enforcer and a staff. Forget about the roof on Town Hall, put a blanket on it. It will work better for a while. Now, ! am sure the Chief will substantiate what ! am about to say and ! am sure that some of you reviewed on reports, Justice Price, Justice Evans, the domestic violence here. They are not drinking as much on the road, our police officers are picking them up pretty well, thank god, but they are drinking at home and they are fighting and the domestic violence. ! don't know what it is like for a police officer to go in to some of these homes when they have been drinking and drugging and knives and everything around. It must be a horrible thing and they have to live with it and that is something that you all should open your eyes and you are in a dream world. Somebody said to me quite recently and because we were lamenting on things that are happening .... SUPERVISOR HORTON: Mrs. Egan? MS. EGAN: .... and they said, 'remember how good it was, not what it is now' and that is a shame but it happens to be the truth. Thank you very much. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Board? (No response) Well, uncharacteristically these days, we will have a motion to adjourn a 7:30 meeting at 8:30. Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: Thank you for attending. And before you depart, we are having an open house at the Town Hall Annex, Thursday from 4:00 P.M. to 6:00 P.M. and you are all invited. So please do stop by if you can. Elizabeth A. Neville Southold Town Clerk