HomeMy WebLinkAboutTB-09/07/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
September 7, 2004
7:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, September 7, 2004 at
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M.
with the Pledge of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Welcome to the September 7, 2004 meeting of the Southold Town
Board. Please rise and join with me in the Pledge of Allegiance. So school starts tomorrow on
the North Fork, so I ask and remind all motor vehicle operators to be mindful of the crosswalks
located in the vicinity of the schools and also wish the best of luck to the returning students on
the North Fork and on Fishers Island. I would be remiss if I didn't mention Fishers Island. We
have reports, public notices, communications and other official documents of town government
available for the public's review at the Town Clerk's Office, which is open five days a week
Monday through Friday, 8:00 A.M. to 4:00 P.M. We have a policy here at the public meeting
that we do offer the floor to the public to address the Town Board on town related items, several
courses over the period of the evening. First opportunity for the public to address the Town
Board is prior to the voting on any of the resolutions that are on the agenda, the printed agenda
that is available in the hallway, you may address the Board on those resolutions. And we will
also offer the floor to the public after we have completed voting on those resolutions, to address
September 7, 2004
Southold Town Board Meeting
2
the Board on general town business. Sometimes we get comments from people who come to the
meetings all the time, that say, 'why do you explain that at every meeting?' And one reason that
I explain that at every meeting is twofold, oftentimes, as we have this evening, we have a student
from the local community that is working on an academic project or on a civic project, such as a
Boy Scout merit badge and part of their assignment is to observe a public meeting of the Town
Board. So it is important that we explain the procedure and the policy and the rules of public
meetings for that. Also, I have come to found out that if students aren't able to come to the Town
Board and be present for the meeting, they will watch it on television. So I run through that for
their benefit, if they are watching the broadcast. And for all you Boy Scouts watching, the
meeting started at 7:30. We will move forward with an approval of the audit of bills.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $514,111.76; General Fund Part Town bills in the amount of
$24,401.11; Community Development Fund bills in the amount of $18,073.00; Highway Fund
Part Town bills in the amount of $180,077.40; Capital Projects Account bills in the amount of
$2,100,209.99; Community Preservation Fund (2% tax) bills in the amount of $6,770.46; New
London Terminal Project bills in the amount of $3,009,270.96; Employee Health Benefit Plan
bills in the amount of $9,086.24; Fishers Island Ferry District bills in the amount of $68,495.09;
Refuse & Garbage District bills in the amount of $72,162.23; Southold Wastewater District bills
in the amount of $1,133.50; Southold Agency & Trust bills in the amount of $67.99 and Fishers
Island Ferry District bills in the amount of $586.47.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Ross, it was
RESOLVED that the minutes from the August 24, 2004 Southold Town Board Regular Meeting
be and hereby are ordered approved.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday,
September 21, 2004 at the Southold Town Hall, Southold, New York at 4:30 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Southold Town Recreation Department - July 2004
2. Southold Town Recreation Department - August 2004
3. Southold Animal Shelter - June 2004
4. Southold Animal Shelter - July 2004
5. North Fork Animal Welfare League - 2003 Statistics
September 7, 2004
Southold Town Board Meeting
II.
3
PUBLIC NOTICES
1. Southold Town Board of Town Trustees notice of opening dates of scallop season:
October 4 - 17, 2004 dip net or scalp net permitted for non-commercial scallop
harvesting only; October 18, 2004 - March 31, 2005, all gear permitted pursuant to
Chapter 77 (shellfish) of the Code of the Town of Southold.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: At this point, we offer the floor to the public to address the Board on
any of the printed resolutions that are on the agenda. Mrs. Egan.
JOAN EGAN: Good evening, people. Good evening Mr. Horton, Mr. Romanelli, Mr. Ross,
Miss Evans, Mr. Wickham, Mrs. Neville and Mrs. Finnegan. Labor Day weekend, we mothers
know what labor is. Most of you men don't but you hear about it and come up with a good gift,
right?
SUPERVISOR HORTON: Mrs. Egan, could we please continue appropriately?
MS. EGAN: Yes, of course. Oh, my goodness. #650, what custodial worker, where?
SUPERVISOR HORTON: For Town Hall.
MS. EGAN: Inside and outside?
SUPERVISOR HORTON: That is correct.
MS. EGAN: And the next one is the same?
SUPERVISOR HORTON: That is correct.
MS. EGAN: Good. Now, I think this is marvelous, #655 Barbara Rudder, Janice Foglia,
Accounting Department, to attend Health Insurance Program. Maybe they can sit in while you
negotiate the contract for some of the workers ....
SUPERVISOR HORTON: Mrs. Egan, that is a completely unrelated item.
MS. EGAN: No, I think it is very important.
SUPERVISOR HORTON: But the ....
MS. EGAN: Maybe you should go.
SUPERVISOR HORTON: The resolution is not in relation to that.
MS. EGAN: Now, 656, that will probably be addressed in one of the resolutions?
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Southold Town Board Meeting
4
SUPERVISOR HORTON: Yes.
MS. EGAN: Good. Now, 657, we seem to be spending a lot of money for maintenance and I,
again, ask that they take better care of things...
SUPERVISOR HORTON: Part of maintenance is taking good care of things. And that is what
they are doing.
MS. EGAN: Well, at your request, Mr. Horton, ! did speak to the Superintendent in regard to the
light on Love Lane and he didn't know anything about it.
SUPERVISOR HORTON: That is .....
MS. EGAN: He did get the new sign and praise god, he hoped that some of them would be up
by Labor Day. ! haven't seen any of the new ones.
SUPERVISOR HORTON: The issue that you mentioned in regard to Love Lane is an important
one and .....
MS. EGAN: And he has to address it with the DOT.
SUPERVISOR HORTON: Yes. But that, and we are working through Assemblywoman
Acampora's office and the New York State DOT and they have been very responsive.
MS. EGAN: Good. And we have got to get moving on it. You are going to need a lot more
lights along here and you had better start getting the paperwork and the request into the DOT
because it takes forever for anything to get done. Alright, now, the 659, what is that all about?
Are you the only one who can answer a question?
SUPERVISOR HORTON: ! am definitely not the only one who can answer a question but the
Southold Erosion Mitigation project, the agreement is we have received funds from New York
State to initiate a number of stormwater runoff projects throughout town and the modification to
that agreement is simply just to extend the contract that we have with New York State for that
money.
MS. EGAN: Okay, now, this one really rocked me, was 661. What in god's name happened?
That is that big lawsuit that you are settling for $825,000.
SUPERVISOR HORTON: That is correct. The New York State Attorney General's Office, we
feel, took a very hard line against the Town and quite frankly, inappropriately so.
MS. EGAN: What happened? What happened?
SUPERVISOR HORTON: In the mid to late 1980's there was a discharge of gasoline, so we are
talking close to 20years ago, gasoline discovered in the area of what was Ray's Peconic gas
September 7, 2004
Southold Town Board Meeting
station and that is no longer in existence. The DEC suspected there were additional sources of
discharge, including underground tanks at the Highway Department. What happened at that
point, is the Town corrected that, ! believe in 1990. Did away with those underground tanks.
Yet the, when Ray's Peconic ceased to exist, the State put the Town in their sites. And the
federal law that regulates the fund through the State that was used for the clean-up for that in the
early 1990's, the Federal law requires that those monies are reimbursed and that the State is
required, quite frankly, come heck or high water, to get those funds reimbursed and they decided
to hold the Town accountable for every penny of that. And what we have done is negotiated a
settlement that is far less than what the State was requesting. To the tune of, the amount here,
the amount that was being requested was possibly in excess of 2 million dollars.
MS. EGAN: Wow. Now ....
SUPERVISOR HORTON: Since that time, the Town has taken several steps to make sure that
never happens again. This town Board under the very close advisement of legal counsel,
accepted the State's settlement because of the possibility in regard to the very strict and very
non-negotiable terms of the Federal government and New York State Attorney General's Office
that pertain to this issue, we could have been on the hook for a tremendous amount of money, so
this was the advice of counsel to settle this.
MS. EGAN: Now, was any of this covered by our insurance?
SUPERVISOR HORTON: No.
MS. EGAN: Is there anyone that we can sue to get some of it back to us? The people who
caused it? No?
SUPERVISOR HORTON: Unfortunately, five administrations have tried to deal with this.
Actually, going all the way back to the mid-1980's. So, possibly eight or nine administrations
have tried to deal with this. And this is a bitter pill to swallow.
MS. EGAN: Where does this money come from? Where is this money going to come from?
SUPERVISOR HORTON: This money will be bonded.
COUNCILMAN ROMANELLI: It will be a loan.
MS. EGAN: Oh. Well, now 662. This is for the Human Resource Center?
SUPERVISOR HORTON: That is correct.
MS. EGAN: Mmmhmm. And the less said about that. You know how ! feel, ! don't think they
are doing a good job.
SUPERVISOR HORTON: Yes, ma'am.
September 7, 2004
Southold Town Board Meeting
6
MS. EGAN: Now, this 667, is this another new bus driver?
SUPERVISOR HORTON: Yes.
MS. EGAN: Again, this is wrong. I don't know why you have that turnover.
SUPERVISOR HORTON: Well, she is going to be a fine bus driver.
MS. EGAN: Now, certain equipment, 668. You lump it together, certain equipment. Is it listed
on the bulletin board what the equipment is?
SUPERVISOR HORTON: Yes, it will be, once we pass this resolution.
MS. EGAN: Oh, that is good. Now, what is 671 about?
SUPERVISOR HORTON: 6717
MS. EGAN: Is that going to be part of the resolutions?
SUPERVISOR HORTON: We will be setting a public hearing on this.
MS. EGAN: Yeah, okay. That sounds good. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MS. EGAN: You are more than welcome.
SUPERVISOR HORTON: Would anybody else care to address the Town Board? (No response)
Okay, we will move forward with the resolutions on the agenda, starting with Councilman
Romanelli with 650.
#65O
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Glew to
the position of full-time Custodial Worker I at a salary of $28,352.00 per annum, effective
September 20, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#651
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Giordano
to the position of full-time Custodial Worker I at a salary of $28,352.00 per annum, effective
September 20, 2004.
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Southold Town Board Meeting
7
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#652
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Kenneth Ricker
to the position of part time~ non-benefit purser at $21.37 per hour not to exceed $27,000 per
year for the Fishers Island Ferry District.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#653
Moved by Justice Evans, seconded by Councilman Edwards,
WHEREAS, a project for the replacement of bridge culvert at Brushes Creek, P.I.N. 54133 (the
Project") is eligible for funding [under Title 23 U.S. Code, as amended, and] New York State's
Multi-Modal Program administered by the NYS Department of Transportation ("NYSDOT");
and
WHEREAS, the Town Board of the Town of Southold has advanced the Project by making a
commitment to advance funding of the non-local share and funding of the full local share of the
costs of the Project; and
WHEREAS, the Town Board has previously approved the above subject- project;
WHEREAS, the Town Board has previously authorized and paid 100% of the federal and non-
federal share of the cost of bridge replacement work for the Project or portions thereof; and
NOW, THEREFORE, it is hereby
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Deputy Supervisor Martin Sidor to execute all necessary Agreements~ certifications or
reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf
of the Town of Southold with NYSDOT in connection with the Project, and it is further
RESOLVED, that a Certified Copy of this Resolution be filed with the Commissioner of
Transportation of the State of New York by attaching it to any required and/or appropriate
Agreements executed in connection with the project between the Town of Southold and the State
of New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#654
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Susan Lusker~ part time Home Health Aide on Fishers Island~ effective August 30~ 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
September 7, 2004
Southold Town Board Meeting
#655
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Barbara Rudder and Janice Foglia~ Accounting Department to attend the 2004 New York
State Health Insurance Program Regional Meetings for Participating Agencies on
Wednesday, September 29, 2004 from 10:00 am to 3:00 pm at the Hilton Huntington Hotel,
Melville, New York. Travel expenses to be a legal charge to the Accounting Department.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#656
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that pursuant to the provisions of Chapter 6 (2 % Community Preservation) and/or
Chapter 25 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda¥~ September 21~ 2004~ at 5:00 p.m. Southold Town Hall~ 53095 Main
Road~ Southold~ New York as the time and place for a public hearing for the purchase of a
development rights easement on agricultural lands for a certain parcel of property owned
by Ann Marie Krupski/Peconic Land Trust (contract vendeeS. Said property is identified as
SCTM #1000-95-4-9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot
Lane, respectively, and are two separate adjoining lots beginning at the southwesterly corner of
the intersection of Oregon Road and Depot Lane, approximately 508 feet southwesterly along
Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in
Cutchogue. Both lots are located in the A-C zoning district. The development rights easement
comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and
the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The
exact area of the development rights easement is subject to survey.
The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre
easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre
easement. The purpose of this purchase is for agricultural and scenic protection. The property is
listed on the Town's Community Preservation Project Plan as property that should be preserved
due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcels of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25 (Main Road), Southold, New York, and may be examined by any interested person
during normal business hours.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#657
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Highway
Fund Part Town budget as follows:
To:
Appropriations Machinery, C.E.
September 7, 2004
Southold Town Board Meeting
9
Appropriations
Maintenance & Repairs
$8,500.00
General Repairs, C.E.
Resurfacing Projects $8,500.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#658
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a maintenance contract #TOW719 with Nu-Vision
Technologies, Amityville, NY for the Lucent telephone system, 25 telephone Instruments, all
trunk ports, common control equipment, and Merlin voice mail system, beginning September 1,
2004, for a term of 12 months, all in accordance with the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#659
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the modification of Agreement # C006157 -
Southold Erosion Mitigation Proiect~ all in accordance with the Town Attorney. This
modification includes a request for a deadline Extension to March 31, 2005.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
UNIDENTIFIED: Can I ask a question?
SUPERVISOR HORTON: Excuse me, sir?
UNIDENTIFIED: Can I ask a question?
SUPERVISOR HORTON: Is it in regard to that resolution?
UNIDENTIFIED: No, it is in regard to the previous one, actually.
SUPERVISOR HORTON: Well, we have voted on it.
UNIDENTIFIED: I know you have voted on it, I don't want to question that. But #658, you are
talking about a Lucent phone system, ! am Chuck Fraser, by the way.
SUPERVISOR HORTON: Well, sir, if! may. This is certainly out of. ....
September 7, 2004
Southold Town Board Meeting
UNIDENTIFIED: It is out of order.
t0
SUPERVISOR HORTON: It is out of order but you may address us after we have concluded
these resolutions and you can address us one of the microphones at the from of the room.
CHUCK FRASER: I want to offer you a free service.
SUPERVISOR HORTON: We can always rescind that at the next meeting. Probably the best
thing you can do in that case, I don't quite know what it is you would be referring to but you
could either schedule an appointment with me personally and we can sit down, you know, this
week and we can discuss what it is you have to offer because obviously what you say piques my
interest.
MR. FRASER: I saved Riverhead $30,000.
SUPERVISOR HORTON: We will, I will welcome that.
MR. FRASER: Thank you.
SUPERVISOR HORTON: I will speak to you after the meeting. And you also may address the
Board, after these resolutions and get it out on the table. Thank you, sir.
#66O
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Southold Methodist and Presbyterian Churches to use the following Town Roads for the
purpose of holding the annual CROP Walk for Hunger on Sunday~ October 17~ 2004 from
the hours of 12:00 noon to 4:00 pm: Wells Avenue, Oaklawn Avenue, Pine Neck Road, North
Road to Bayview, North Bayview Road, Cedar Drive, Waterview Drive, Main Bayview Road,
provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the
Town Southold as an additional insured and notify Capt. Flatley within ten (t0) days to
coordinate traffic control.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
COUNCILMAN EDWARDS: Supervisor, on this next resolution, this is a large bond
resolution, would you like me to read the entire text of the resolution or selectively...
SUPERVISOR HORTON: No, you can actually read as it appears on the agenda.
#661
Moved by Councilman Edwards, seconded by Councilman Romanelli,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE
PAYMENT OF $818,630. t0 TO SETTLE THE CLAIM OF THE
September 7, 2004
Southold Town Board Meeting
11
STATE OF NEW YORK IN THE MATTER OF THE "STATE
OF NEW YORK v. TOWN OF SOUTHOLD" (1NDEX NO.
L436-92); RELATING TO SPILL NUMBER 85-1219; STATING
THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING
PRELIMINARY COSTS, LEGAL COSTS AND COSTS
INCIDENTAL THERETO AND THE FINANCING THEREOF
IN THE AMOUNT OF $6,369.90, IS $825,000;
APPROPRIATING SAID AMOUNT THEREFOR AND
AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES
(by the favorable vote of not less than two-thirds of all the
members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York
(herein called "Town"), is hereby authorized to pay the amount of $818,630.10, to settle the
claim of the State of New York in the matter entitled the "State of New York v. Town of
Southold", pending in the Supreme Court of the State of New York, Suffolk County (Index No.
L436-92) relating to Spill Number 85-1219. The estimated maximum cost thereof, including
preliminary costs, legal costs and costs incidental thereto and the financing thereof in the amount
of $6,369.90, is $825,000 and the said amount of $825,000 is hereby appropriated therefor. The
plan of financing includes the issuance of $825,000 bonds of the Town to finance said
appropriation, and the levy and collection of taxes on all the taxable real property in the Town to
pay the principal of said bonds and the interest thereon as the same shall become due and
payable.
Section 2. Serial bonds of the Town in the principal amount of $825,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to
finance the said appropriation.
Section 3. The following additional matters are hereby determined and
declared:
(a) The period of probable usefulness applicable to of the specific object or purpose
described in Section 1 hereof for which said serial bonds authorized pursuant to
this resolution are to be issued, within the limitations of Section 11.00 a. 33.(a) of
the Law, is hereby determined to be five (5) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for
expenditures made after the effective date of this resolution for the purpose for
which said bonds are authorized. The foregoing statement of intent with respect
to reimbursement is made in conformity with Treasury Regulation Section 1.150-
2 of the United States Treasury Department.
(c) The proposed maturity of the bonds authorized by this resolution will not exceed
five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond
September 7, 2004
Southold Town Board Meeting
12
anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of
validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in
anticipation of said bonds shall be general obligations of the Town, payable as to both principal
and interest by general tax upon all the taxable real property within the Town without limitation
of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds
with substantially level or declining annual debt service, Section 30.00 relative to the
authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond
anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation
notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of any
notes issued in anticipation of the sale of said bonds may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication
of such resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution shall take effect immediately and the Town
Clerk is hereby authorized and directed to publish a summary of this bond resolution in
substantially the form prescribed by Exhibit "A" hereto, together with a Notice in substantially
the form prescribed by Section 81.00 of the Law, in "The Suffolk Times," a newspaper published
in Mattituck, New York, having a general circulation in the Town and hereby designated the
official newspaper of the Town for such publication.
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE
PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE
STATE OF NEW YORK IN THE MATTER OF THE "STATE OF
NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92);
RELATING TO SPILL NUMBER 85-1219; STATING THE
ESTIMATED MAXIMUM COST THEREOF, INCLUDING
PRELIMINARY COSTS, LEGAL COSTS AND COSTS
INCIDENTAL THERETO AND THE FINANCING THEREOF IN
THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID
AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF
$825,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Object or purpose:
Payment of the amount of $818,630.10 to settle the claim of the State of
New York in the matter entitled the "State of New York v. Town of
Southold", pending in the Supreme Court of the State of New York,
Suffolk County (Index No. L436-92) relating to Spill No. 85-1219. The
estimated maximum cost of said specific object or purpose, including
preliminary costs and costs incidental thereto and to the financing thereof
in the amount of $6,369.90, is $825,000 and the said amount is hereby
appropriated therefor.
Amount of obligations
to be issued: $825,000
Period of probable
usefulness: five (5) years
A complete copy of the Bond Resolution summarized above shall be available for public inspection
during normal business hours at the office of the Town Clerk, 53095 Main Road, Southold, New York.
SUPERVISOR HORTON: Not to belabor this but I do just want to raise the point that as far as the
New York State Attorney General's Office is concerned, per Federal guidelines, that if even less than
one percent, less than a drop of several thousand gallons or several hundred gallons, if it could in any
way, shape or form be attributed to the Town, that the State would hold the Town 100 percent liable.
So we feel very strongly that there is a gross inequity in that policy, yet it is an uphill battle with the
State and the Federal governments in regard to that. This will be a roll call vote. Please call the roll.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton. No: Councilman Ross.
This resolution was duly ADOPTED.
#662
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2004 budget as follows:
To:
Revenues:
A.2705.40 Gifts and Donations $1,000.00
To
September 7, 2004
Southold Town Board Meeting
14
Appropriations: Programs for the Aging
A. 6772.4.100.110 Contractual Expense s $1,000.00
Program Supplies/Materials
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#663
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck High School Student Council to use the following town roads for their 11th annual
Homecoming Parade on Saturda¥~ October 2~ 2004 at 9:00 a.m, providing they file with the Town
Clerk a One Million Dollar Certificate of Liability naming the Town of Southold as additional insured
and contact Capt. Flatley within (10) days to coordinate traffic control:
Pike Street
Love Lane
Sound Avenue
Westphalia Road
Mary' s Road
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#664
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the 4% salary increase
for Paul Fole¥~ Jesse Marshal~ George Peabody and Nina Schmid, effective September 2, 2004, as
they have completed 5 years of active service with the Fishers Island Ferry District.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#665
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to si~n A~reement between the Town of Southold and Cornell
Cooperative Extension for the "Trails and Habitat Delineation and Flora/Fauna Identification
Program", in the amount of $27,000, as part of the 2004 Stewardship Program, subject to the approval
of the Town Attorney.
Trail mapping and flora/fauna identification for the following Town Open Space Parcels:
Arshamomaque Preserve
Mill Road Preserve (McGunnigle)
Downs Farm Preserve
Arshamomaque Pond Preserve
Dam Pond Preserve
Damianos Woodlands
September 7, 2004
Southold Town Board Meeting
15
Marratooka Lake Preserve
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#666
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Knights
of Columbus~ Marion Council No. 3852~ Cutcho;~ue~ New York~ to hold its "Walk for Life" usin;~
the Main Road from the Sacred Heart Church east to Depot Lane~ then north on Deport Lane to
the Sacred Heart Cemeterv~ on Saturda¥~ October 16~ 2004 beginning at approximately 11:00
A.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the
Town Southold as an additional insured and notify Capt. Flatley within ten (10) days of this resolution
to coordinate traffic.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#667
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Roseann Anderer to
the position of Mini-Bus Driver, at a salary of $10.25 per hour, effective September 8, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#668
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the followin;~ to be
surplus equipment:
Approximately sixty-seven (67) bicycles
One 1990 12 foot white Sunfish
One 12 foot fiberglass Stowe Canoe
One 14 foot Sea Nymph aluminum boat
One 12 foot aluminum john boat - "delhi"
One 8 foot paddle boat - yellow/black
One 1973 Galaxy boat and trailer
One Avon inflatable with 2hp Johnson outboard
One 12 foot 1963 Ward dinghy with engine
One 14 foot Puffer AMF Sailboat
One 8 foot inflatable boat with 15 hp Johnson engine
One 12 foot Alcort Sunfish - red trim/white
One 8 foot fiberglass dinghy - "The Dink"
Other miscellaneous found property
Be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bid for two (2) consecutive weeks.
September 7, 2004
Southold Town Board Meeting
16
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#669
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2004 budget as follows:
To:
A. 1680.4.400.400 Computer Consultants $10,000.00
From:
A. 1990.4.100.100 General Fund - Contingencies $10,000.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#67O
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a portion
of the real property of Patricia Tennant located at 7320 Nassau Point Rd~ Cutchogue, which
includes a section of Bridge Lane and the grass "triangle" at the intersection with Nassau Point Road
which is more specifically described as attached hereto; and it is further
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y.
Horton to execute the deed and all conveyance documents between Patricia Tennant and the Town of
Southold for the transfer of title to the portion of property, all in accordance with the approval of the
Town Attorney. The portion of property has been donated for the purpose of establishing a memorial
in the name of Allison Horstmann Jones and Richard Kenneth Fraser, who both lost their lives in the
World Trade Center on September 11, 2001.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#671
Moved by Councilman Edwards, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 7th day of September, 2004 a Local Law entitled "A Local Law in relation to
Amendments to Section 34 of Chapter 97 of the Southold Town Code" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of
September, 2004 at 5:05 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Section 34 of
Chapter 97 of the Southold Town Code" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled, "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the
Southold Town Code".
September 7, 2004
Southold Town Board Meeting
17
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to amend the penalties provisions of Chapter 97 of the Town Code to ensure
compliance of that section with all applicable laws, and to provide clear guidance to the public and
Town officials regarding the consequences of violations of Chapter 97, it is necessary to make the
following changes.
II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
§ 97-34. Compliance requirements and penalties for offenses.
B. For each offense against any of the provisions of this chapter or any regulations made pursuant
thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay
Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits, takes part or assists in the commission of
any such offense or who shall fail to comply with a written order or notice of the Director of Code
Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which
such violation occurs shall constitute a separate, additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of
the Trustees without first obtaining a permit according to the procedures outlined in this
chapter shall be guilty of a violation and subject to a fine of not less than $1,000 and not
more than $4,000 or a term of imprisonment of not more tess than fifteen (15) days no, r
.... ~" ~;-- ~ ~"~ b th;
(2) Failure to comply with the terms of a permit. Any person failing to comply with the
terms of a permit shall be subject to fine of not less than $500 and not more than
$1,000. For each subsequent offense, the violator shall be guilty ora class B
misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term
of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both.
(3) Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms of a cease and desist order shall be subject to fine of not less
than $1,000 and not more than $2,000. For each subsequent offense, the violator shall
be guilty of a class B misdemeanor punishable by a fine not less than $1,000 nor more
than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than
six (6) months, or both;
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This local law shall take effect immediately upon its filing in the office of the Secretary of State in
accordance with Section 27 of the Municipal Home Rule Law.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#672
Moved by Councilman Ross, seconded by Councilman Edwards,
WHEREAS the hearing officer in a disciplinary proceeding against a town employee has issued a
report and recommendation which determines that the employee is found guilty on each of the charges
against him and has recommended that the employee be dismissed from his employment, and
September 7, 2004
Southold Town Board Meeting
18
WHEREAS the Town Board has reviewed the record of the hearing and the report issued by the
hearing officer, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby adopts in full the report and
recommendations issued by the hearing officer; and be it further
RESOLVED that the employee is hereby terminated from his employment with the Town of
Southold effective immediately.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#673
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, the Town of East Hampton has adopted certain laws that purport to prohibit the operation
of direct vehicle and passenger ferry service between New England and East Hampton (the "East
Hampton Ferry Laws"); and
WHEREAS, the East Hampton Ferry Laws force the Town of Southold and the Town of Shelter
Island to shoulder a disproportionate burden of the flow of interstate commerce; and
WHEREAS, as a direct consequence of the East Hampton Ferry Laws, the Town of Southold and the
Town of Shelter Island each day suffer continuing injuries caused by this disproportionate burden,
including substantially increased traffic, noise and air pollution; the necessity for heightened police,
emergency and other municipal services; and other environmental, aesthetic and recreational effects;
NOW, THEREFORE, it is hereby
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Southold Town Attorney to file and prosecute a lawsuit in the United States District Court for
the Eastern District of New York, as co-plaintiffs with the Town of Shelter Island and Cross Sound
Ferry Services, Inc., seeking a judgment declaring that the East Hampton Ferry Laws violate the
United States Constitution and the constitution and laws of the State of New York and enjoining the
enforcement of the East Hampton Ferry Laws.
SUPERVISOR HORTON: This is a bold move on behalf of the Town Board and I salute each and
every one of you for your support on this and I am confident that we will prevail in Federal court.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#674
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2%
Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby
sets Tuesday~ September 21~ 2004~ at 5:10 p.m. Southold Town Hall~ 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of a development
rights easement on agricultural lands for a certain parcel of property owned by Paul and
Maureen Grippa. Said property is identified as part of SCTM #1000-122-1-2.2. The address is 1100
County Road 48, Mattituck, New York, and is located on the southerly side of County Road 48,
approximately 400 feet east of the intersection of County Road 48 and Sound Avenue, in Mattituck in
an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the
11.0 acre parcel. The exact area of the development rights easement is subject to survey.
September 7, 2004
Southold Town Board Meeting
19
The purchase price is $30,000.00 (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 open
space and agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (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, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#675
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an a~reement with L. K. McLean Associates~ P. C. for
engineering design services at the Southold Town Transfer Station in accordance with their proposal
dated June 9, 2004, upon the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: At this point we offer the floor to the general public to address the Town
Board on town related business. Would anyone care to address the Board? Mrs. Egan?
MS. EGAN: I don't quite, are you going to do these resolutions or what are you going to do now?
This is on other, extra stuff?.
SUPERVISOR HORTON: We have completed voting on the resolutions that are on the agenda.
MS. EGAN: Ah, then I was bored. Relax. Enjoy. Alright, oh, the performance rate...oh, got your
attention on that one.
SUPERVISOR HORTON: Could we get your name and address for the record?
MS. EGAN: Joan Egan, East Marion. The performance rate by me of the lifeguards on the Town,
Jack shack, Town beach, this summer was terrible. Absolutely terrible. Flag not raised as often as it
should be. They are sitting there reading and that isn't what they get paid for, they are there to check if
people have their stickers on but also to keep an eye out for any problems that they should have. We
went all through this in May and June and that they would have a cell phone to call for help. Let me
tell you, darling, when I honk that horn there, they move. They love me, Josh, and you know it.
SUPERVISOR HORTON: We all do, Mrs. Egan.
MS. EGAN: Well, you should.
SUPERVISOR HORTON: We do.
September 7, 2004
Southold Town Board Meeting
20
MS. EGAN: I mean, I am very talented, beautiful and etc.
SUPERVISOR HORTON: Absolutely.
MS. EGAN: Now, the smell of the mildew is disgusting, when you come in on that side. It is terrible.
Here on this side it is more aerated.
SUPERVISOR HORTON: Councilman Romanelli is working very hard on arrangements for a proper
Town Hall facility and ! believe he is not only working with an architect but also working with each
Board member to garner not only the bi-partisan support that is necessary in taking on such an
endeavor.
MS. EGAN: ! realize all of that but in the interim, those people have to breathe in that nonsense.
There are, as much as ! oppose chemicals, there are things that can be put around, ! lived in Texas and
Louisiana and there are things you can do. You might even have some in your company, Mr.
Romanelli. Let's do something, it is terrible. The old furniture in the Assessors Office, that is terrible.
It is a disgrace. Now, in regard to the discipline problem, you talked about a discipline officer, is there
anybody particular, does Mrs. Finnegan as a lawyer, sit in on that or how is that done?
SUPERVISOR HORTON: It is a very formal process, actually.
MS. EGAN: ! realize that.
SUPERVISOR HORTON: It is a formal hearing with an appointed disciplinary hearing officer ....
MS. EGAN: Who is the discipline ....
SUPERVISOR HORTON: Well, it depends. We use an assortment of attorneys.
MS. EGAN: Alright.
SUPERVISOR HORTON: And then each side is represented by their respective counsel.
MS. EGAN: Uh huh. Okay. Now, oh, now this, ! didn't even hear addressed here. We have the
Maritime Festival starting a week from Friday. Now, are we all aboard on getting more police, more
volunteer police, you know, in the brown uniforms and all of that?
SUPERVISOR HORTON: They are not volunteers. But we ....
MS. EGAN: Well, you know what ! mean.
SUPERVISOR HORTON: Right. ! will approach that idea with them. But the police department will
coordinate, as they did for the tall ships challenge, they will coordinate an effort to ensure public safety
and have appropriate and proper presence. That is traditionally a well run festival.
MS. EGAN: Well, ! agree they did a pretty good job for the tall ships ....
September 7, 2004
Southold Town Board Meeting
21
SUPERVISOR HORTON: And we will make sure they match it with this.
MS. EGAN: ! am not finished. But in the interim, then, the rest of the Town ain't protected.
SUPERVISOR HORTON: Actually, Mrs. Egan, on that weekend there were several festivals, in
addition to the tall ship challenge...
MS. EGAN: Oh, ! know.
SUPERVISOR HORTON: And each one of them, each one of them had additional police officers
assigned to them.
MS. EGAN: Yeah, ! know.
SUPERVISOR HORTON: So, while the focus was on the tall ship challenge, the rest of the Town was
extremely covered as it pertains to the other festivals.
MS. EGAN: Also, ! listen to a lot of people, ! know you think ! talk too much but ! listen more than !
talk for the most part, and people are getting very, very uptight about parking tickets. Tickets. Now
we all know that it is important if they are by a fire hydrant, if they are in front of a driveway or if they
are double-parked. But this idiocracy, if you will, about if you are not parked exactly right in the lines
by the IGA or the, that is ridiculous because what happens is, the police officer gets brownie points at
the station. The DOT gets most of the money and when they build up this time at the police station,
then they get some more time off. We have reviewed this and then they get extra work off, somebody
comes in for overtime. So, you as police commissioner ....
SUPERVISOR HORTON: Should tell them to stop writing tickets when people are breaking the law?
Is that what you are recommending?
MS. EGAN: No, ! am not doing that at all.
SUPERVISOR HORTON: Okay, ! just wanted to make sure.
MS. EGAN: ! think it is more important that they be busy looking for the violence, the drugs and the
alcohol abuse and all of the other things incorporate. No, ! am not asking you ....
SUPERVISOR HORTON: Your points are well made and if there is something, if there is a way that
they can do their jobs better, we definitely should strive for that and you are right, ! agree with you.
MS. EGAN: ! think their focus should be more on protecting us, rather than writing tickets. Which
takes a lot of space and a lot of time and in the long run, it doesn't improve relations, especially with
people, you know, it was me Josh, with the letters way, way back that got the parking meters taken off
in your town. Okay, now, what progress is being made, are you sucking your thumb over there, Mr.
Romanelli?
SUPERVISOR HORTON: Mrs. Egan.
September 7, 2004 22
Southold Town Board Meeting
MS. EGAN: Oh, don't do that.
challenge that one?
SUPERVISOR HORTON: Councilman Edwards?
COUNCILMAN EDWARDS: ! would be glad to respond.
MS. EGAN: Pardon?
That is bad for your intestines. The animal shelter. Who wants to
COUNCILMAN EDWARDS: Between now and two weeks from now, Councilman Wickham and I
will be working with Town Engineer Jamie Richter, to develop a request for a proposal, an RFP, which
will then be passed on by the Board two weeks from now and we will go out, at that point, and publish
the RFP in order to secure an architect of record for the project.
MS. EGAN: Mr. Edwards, you have been telling us that, for that, that I know of....
COUNCILMAN EDWARDS: I have told you nothing of the kind ....
SUPERVISOR HORTON: Mrs. Egan. Mrs. Egan. This is not...
MS. EGAN: You have got to do something positive and PDQ.
COUNCILMAN EDWARDS: You cannot build a building without an architect.
MS. EGAN: Oh, listen, I could build a barn better than what they have up there.
COUNCILMAN EDWARDS: Well, I invite you to respond to the RFP, then.
MS. EGAN: Yeah, I know. Now...
SUPERVISOR HORTON: I just want to say on that note, it is an extremely positive step and definite
progress. It just is. no matter how you cut it or where you stand in regard to the animal shelter issue,
this is a significant step forward that the Town Board is making and I appreciate the work that
Councilman Edwards and Councilman Wickham put into it.
MS. EGAN: Well, I question that anything will really be done in two weeks, it would be a miracle.
Now ....
SUPERVISOR HORTON: You may be right on that.
MS. EGAN: In addition, on Saturday evening, Mr. Edwards, I don't know when you did the clip of
that tape but you were talking about increasing the term of office for the Supervisor, to four years, do
you have a little Alzheimers kicking in there, dear? It was on tape.
COUNCILMAN EDWARDS: No, but I certainly didn't discuss it in here.
September 7, 2004 23
Southold Town Board Meeting
MS. EGAN: It was on tape, Saturday night, you and Dr. Joe Lizewski.
COUNCILMAN EDWARDS: Oh, okay. Dr. Lizewski and ! discussed it...
SUPERVISOR HORTON: Mrs. Egan, if you want to address .....
MS. EGAN: Yeah, well ....
SUPERVISOR HORTON: Excuse me.
MS. EGAN: On the tape, you said you wanted the term increased. You also said that you wanted a
salary increase .....
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: You also said that you wanted a salary increase for the Supervisor and all the Town Hall
people. Do you remember saying that?
COUNCILMAN EDWARDS: ! did not say that.
MS. EGAN: Well, get yourself a copy of the tape. That is what you said. Your recommendation was
that.
SUPERVISOR HORTON: Mrs. Egan, if ! could again say, if you want to speak with Councilman
Edwards in regard to his...
MS. EGAN: This was on Channel 20. Other people saw it. How can you deny it?
SUPERVISOR HORTON: In regard to his entertainment life, you may do so.
COUNCILMAN EDWARS: ! do not deny that. ! deny that ! recommended that salaries be increased
for the Town Board. Dr. Lizewski suggested it.
SUPERVISOR HORTON: Mrs. Egan, as ! say again, take it up with Councilman Edwards after the
meeting.
MS. EGAN: No, no, no, no. ! think that everybody should know this. Did you recommend that the
Supervisor be for four years?
COUNCILMAN EDWARDS: ! would be glad to discuss with you the conversation ....
MS. EGAN: No, no, no. Answer me this, did you on that tape, say you wanted the Supervisor's term
of office to be changed from two years to four years?
COUNCILMAN EDWARDS: You want my personal opinion on that?
September 7, 2004 24
Southold Town Board Meeting
MS. EGAN: No, no. What did you say on that tape?
COUNCILMAN WICKHAM: ! am kind of interested in this, myself.
SUPERVISOR HORTON: Yeah, me too. What channel is this? ! should tune in.
COUNCILMAN EDWARDS: It was Joe Lizewski's show.
MS. EGAN: Channel 20.
COUNCILMAN EDWARDS: Dr. Lizewski said, ! think that the Supervisor's term should be four
years and ! said, ! agree.
MS. EGAN: Yeah. And you also said the salaries should be increased.
COUNCILMAN EDWARDS: Yes. ! think that would be a good...
MS. EGAN: That is what you said.
COUNCILMAN ROMANELLI: Yeah, ! agree.
COUNCILMAN EDWARDS: ! think the Supervisor's salary should be increased.
COUNCILMAN ROMANELLI: We all agree.
MS. EGAN: ! don't.
SUPERVISOR HORTON: And ! haven't been consulted on it.
MS. EGAN: You get enough freebies as it is. ! mean, who is kidding who?
COUNCILMAN ROMANELLI: Freebies? You call this a freebie?
MS. EGAN: You don't want me to elucidate on that one, do you, darling?
SUPERVISOR HORTON: Okay. Well, would anybody else care to address the Town Board? Yes,
sir.
CHUCK FRASER: You said ! should do it now, actually, ! hadn't thought about it.
SUPERVISOR HORTON: You may do it now.
MR. FRASER: My name is Chuck Fraser, ! happen to be a telecommunications consultant and ! am
actually hired by Phil Cardinale of Riverhead and ! happen to have found about $40,000 in savings for
them for charges that they were paying, particularly on 911 services and so forth and for everything the
Town has done for me, ! wanted to offer my services to you, free of charge, to review all of your
September 7, 2004
Southold Town Board Meeting
25
telephone bills and make sure you are not overpaying and when I happened to see this motion #658
about the Lucent telephone system, ! thought, well, what the heck, why don't ! offer it to you, free of
charge?
SUPERVISOR HORTON: Okay, so ! think, ! appreciate that and we will reach out, if you could
maybe leave me your phone number, after the meeting and we will reach out and set up a meeting and
see what could come of that.
MR. FRASER: All ! need is a letter of agency from you, saying that ! am authorized to get your
telephone records and then ! do everything else and you do absolutely nothing. Hopefully, ! will come
back and hand you a check for $40,000 or $50,000.
SUPERVISOR HORTON: Okay. Well, hopefully, that is the way it will work.
TOWN CLERK NEVILLE: Excuse me, Mr. Fraser, your place of residence is?
MR. FRASER: 7325 Nassau Point Road.
SUPERVISOR HORTON: That is just for the record.
MR. FRASER: You can talk to Patricia Finnegan, she is very familiar with it.
TOWN ATTORNEY FINNEGAN: ! have his number.
SUPERVISOR HORTON: Thank you so much, sir. We appreciate you coming to the meeting and
sharing that with us. Would anybody else care to address the Town Board? (No response) Motion to
adjourn?
SUPERVISOR HORTON: Mr. VanDyne, from the Boy Scouts, ! hope that it was an educational
experience as well as interesting and entertaining. If you have any questions about the process of the
meeting, please feel free to contact me.
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that the September 7, 2004 meeting of the Southold Town Board be and hereby is
declared adjourned at 8:12 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
Elizabeth A. Neville
Southold Town Clerk