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HomeMy WebLinkAboutTB-11/06/2003SOUTHOLD TOWN BOARD GENERAL MEETING November 6, 2003 7:00 P.M. A Regular Meeting of the Southold Town Board was held Thursday, November 6, 2003 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Assistant Town Attorney Patricia Finnegan SUPERVISOR HORTON: Good evening and welcome to the November 6th Town Board meeting, scheduled for 7:00 P.M. As usual, we afford the public the opportunity to speak prior to voting on any of the resolutions. At the completion of the voting, we also afford the floor to the public to address the Board on Town related issues. We ask that when you do address the Board, that you do so from one of the two microphones located at the front of the room and state your name and place of residence clearly for our record. We have a number of reports, public notices, communications available for the public to view at the Town Clerk's office, open from 8:00 A.M. to 4:00 P.M. Monday through Friday. Moving forward, can we get an approval? Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $155,460.23; General Fund Part Town bills in the amount of $10,458.08; Highway Fund Whole Town bills in the amount of $14,708.65; Highway Fund Part Town bills in the November 6, 2003 2 Southold Town Board amount of $215,273.48; Capital Projects Account bills in the amount of $40,708.65; Landfill Cap & Closure bills in the amount of $4,173.21; Community Preservation Fund (2% tax) bills in the amount of $11,245.42; New London Terminal Project bills in the amount of $3,487.00; Fishers Island Ferry District bills in the amount of $63,825.99; Refuse & Garbage District bills in the amount of $83,143.88; Southold Wastewater District bills in the amount of $.03; Fishers Island Sewer District bills in the amount $57.26; Southold Agency & Trust bills in the amount of $8,079.55 and Fishers Island Ferry District Agency & Trust bills in the amount of $127.21. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the October 7, 2003 Town Board meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the October 21, 2003 Town Board meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, November 18, 2003 at 4:30 P.M. at Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Personnel Leave Time Summary Report - September 2003 2. Island Group Administration Claim Lag Report - through September 30, 2003 II. PUBLIC NOTICES 1. US Army Corps of Engineers, NY District, Notice of application of 123 Sterling, LLC to construct a bulkhead, a marina, and maintenance dredge with upland disposal at Sterling Basin, Shelter Island Sound, Greenport, Town of Southold. Written comments by November 10, 2003. 2. US Army Corps of Engineers, NY District, Notice of application of Barrier Beach Preservation Association to construct a marine research facility in Moriches Bay, West Hampton Dunes, Town of Southampton. Written comments by November 13, 2003. November 6, 2003 Southold Town Board 3 3. US Army Corps of Engineers, NY District, Notice of application Kerrin L. Kelly to place shellfish cages on underwater land in Little Peconic Bay, Town of $outhold. Written comments by November 13, 2003. 4. US Army Corps of Engineers, NY District, Notice of application of Joseph Kaddis to construct a pier and install moorings pilings in Fishers Island Sound, Block Island Sound, Fishers Island, Town of $outhold. Written comments by November 10, 2003. 5. Suffolk County Industrial Development Agency Notice of Public Hearing relating to a project for the benefit of North Fork Bank, Mattituck, Town of Southold, on November 17, 2003 at 10:30 A.M. at the offices of the North Fork Bank, 9025 Main Road, Mattituck. 6. Suffolk County Industrial Development Agency Notice of Public Hearing relating to a project for the benefit of Sea Tow Services International, Inc./Towbee LLC, on November 17, 2003 at 10:30A.M. at the offices of the North Fork Bank, 9025 Main Road, Mattituck. 7. State of New York, Department of Transportation, Notice of Order to establish a 30-mph speed limit on Rocky Point Road, East Marion. 8. State of New York, Department of Transportation, Notice of Order to amend the existing area speed limit to 40-mph in the area of Island End Golf and Country Club, southerly shoreline of Long Island Sound, Stars Road, and Route 25, East Marion. 9. NY$ Department of Environmental Conservation Notice of Complete Application of Edward Ernst to subdivide an 80-acre parcel into 6 lots and construct a single family dwelling and accessory structures on Long Creek, Arshamomaque Pond, at 61025 Main Road, $outhold. Written comments by November 28, 2003. III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, I will offer the floor to the public to address the Town Board on any of the resolutions that are on the printed agenda. That would be #718 through #743. Would anybody care to address the Town Board? Mr. Nickles. JOHN NICKLES, JR.: John Nickles, Jr. Southold. Just an inquiry on #741, would you explain what that resolution is? A Local Law in relation to continuing conditions for validity of a building permit and issuance of occupancy? SUPERVISOR HORTON: That resolution #741 is to adopt the SEQRA findings on that local law and there is a public hearing on this local law this evening at 8:00. MR. NICKLES, JR.: But what is the purpose of the local law? COUNCILMAN WICKHAM: The law would provide restrictions during the construction process on house lots that are being developed to reduce the erosion of soil from water, from rain, and rainfall of that kind. That is basically what it is. To protect the soil conditions during the construction process. MR. NICKLES, JR.: I see so .... SUPERVISOR HORTON: Basically it is site maintenance as far as run-off from construction sites. November 6, 2003 4 Southold Town Board MR. NICKLES, JR.: So if they deviate from the plan as approved by the Building Department with conditions of the hay bales or something like that and there was some undue run-off, then there would no longer be a building permit or a CO. Is that what that means? COUNCILMAN WICKHAM: Yes and it gives the Building Department the authority to require hay bales and things like that as part of the condition of getting a building permit. MR. NICKLES, JR.: And it didn't before that? SUPERVISOR HORTON: No, that was actually a policy and this is to codify that. So there is actually the ability of the Building Department to enforce that. Run-off from construction sites has been a problem through our town. MR. NICKLES, JR.: Okay, thank you. SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Board on resolutions? Yes, Mrs. Egan. JOAN EGAN: I hope that you have plenty of time. Good evening, everybody. Good evening, Mr. Horton; Mrs. Neville; Mr. Wickham; Mrs. Evans; Miss Finnegan, Finnegan, is that correct? And Mr. Romanelli, Mr. Moore and Mr. Richter. Congratulations to those that are going to be staying aboard and good luck to those that are leaving, you did your job the best you could, ! am sure and no sour grapes. Okay? Okay, #719, why was their a deficit for overtime earnings and who was to get the overtime? SUPERVISOR HORTON: #719. I am sorry, your question again? MS. EGAN: Well, what does it mean? SUPERVISOR HORTON: Essentially that there will be a budget modification to cover costs in the Town Attorney's Department for overtime. MS. EGAN: Who got the overtime? The Town Attorney actually he works on straight salary, doesn't he? SUPERVISOR HORTON: That is correct. MS. EGAN: So who gets the overtime? SUPERVISOR HORTON: It could very well be for our Assistant Town Attorney... MS. EGAN: You don't know? SUPERVISOR HORTON: ... and or other staff in the Town Attorney' s Office. MS. EGAN: So you really didn't know. Okay, now, oh, what is #720? November 6, 2003 5 Southold Town Board SUPERVISOR HORTON: That is a resolution. MS. EGAN: Pardon? I don't want any flip from you, dear. SUPERVISOR HORTON: This is true. This is true. MS. EGAN: Yeah. SUPERVISOR HORTON: job that Detective Dzenkowski deals with, with the Juvenile Aid Bureau. amount of $29,135. MS. EGAN: Good. That is from us or is that coming from... SUPERVISOR HORTON: That is from an agency. MS. EGAN: From the Town of Southold? SUPERVISOR HORTON: That is a State Agency to the Town of Southold. You don't get paid to be flip. So you are wondering what #720 is? That is authorizing me to sign an application that relates specifically to the And it is a grant in the MS. EGAN: Oh, you get it from the State to you? Nobody dips into that on the way, right? Now, adopt the Town of Southold flexible benefits plan, now that is very ambiguous. SUPERVISOR HORTON: That is actually a resolution which, if adopted, will extend for another term the use of various insurance, actually Island Group and Nationwide are the two plans that we use. MS. EGAN: Insurance plans? SUPERVISOR HORTON: That is correct. MS. EGAN: Health insurance or life insurance or both? SUPERVISOR HORTON: A number of insurance, mostly related to employees. MS. EGAN: Good. Now, #729 and you know what I am going to ask, don't you? COUNCILMAN MOORE: He lives in Riverhead. MS. EGAN: He comes from Riverhead; that is marvelous. We don't have any Southold attorneys that could do this? So he gets, one, two, makes a fortune doing this, right? $200 an hour, $250 an hour. So, he gets three of them at least. So, again, we are taking somebody from out of Town, I don't think, I don't find it at all funny, Mr. Romanelli... COUNCILMAN ROMANELLI: I am sorry, Mrs. Egan. MS. EGAN: Perhaps it is again, nervous laughter, because you lost your election. November 6, 2003 6 Southold Town Board SUPERVISOR HORTON: Mrs. Egan, please. MS. EGAN: No, no, no, no. Now, #732 are you going to have to send somebody over to Shelter Island, is that correct? They have a problem with their Justices, somebody is sick or out of work or they just need more help? SUPERVISOR HORTON: It is an inter-municipal coordination, an inter-municipal agreement that will, if the need should arise for a Justice from Southold Town to cover in Shelter Island, this makes that possible. MS. EGAN: Now, how, who pays for that? Do they pay our Justices extra to go over there, transportation and all of that? You don't know? SUPERVISOR HORTON: Actually, I do know. It is covered in the arrangement. MS. EGAN: The arrangement. What is the arrangement? SUPERVISOR HORTON: Shelter Island would cover the cost of our Judges, should the need arise for them to be used. MS. EGAN: I see, now, okay. Now, we are getting some new people on #734. They are being trained to be Police Officers? SUPERVISOR HORTON: No, they are interns with the Police Department. It is a program that we have run on an annual basis, these are High School students that work in the Police Department to learn various aspects of the Departments duties. MS. EGAN: Do they get paid? SUPERVISOR HORTON: No, they do not. MS. EGAN: No, well, good because I think that we have done this before where we did pay some of these interns and then they disappeared. Now, #736, I would presume that that would mean that Mr. Yakaboski is leaving, I would hope that he would stay at least until the end of the year rather than leave you shorthanded? Do you know? SUPERVISOR HORTON: His term is till the end of the year and then, depending on what the Board decides to do, he could very well continue service with the Town or otherwise. MS. EGAN: Okay, now, some clarification for people who want to do resumes. I believe that you told me that his salary was $44,000 ballpark. SUPERVISOR HORTON: That is not correct. I did not tell you that. MS. EGAN: I said, I thought. November 6, 2003 7 Southold Town Board SUPERVISOR HORTON: The Town Attorney's salary? I believe offhand is $71,000 and change. MS. EGAN: Oh, $71,000. Then somebody can live on that. Now, ! have put out some feelers to people that ! know to present resumes from people who live in the Town of Southold. Wouldn't that be marvelous? SUPERVISOR HORTON: ! appreciate your help. MS. EGAN: Yes, ! would love to see that happen. Now, ! do also need to know if in the resume and all, if they are the Town Attorney, then they have to give up any private practice. They can't do any little other things. SUPERVISOR HORTON: Mrs. Egan, the Town Attorney is a full-time position. MS. EGAN: So then they would have to, do you give them a contract? Or is it always a questionable whether they can be kept on. SUPERVISOR HORTON: They are appointed by the Board for two years. MS. EGAN: For how long? SUPERVISOR HORTON: For a term of two years. MS. EGAN: Is that a signed contract or a verbal contract? SUPERVISOR HORTON: That is a resolution passed by the Town Board. MS. EGAN: So that is as good as a contract. Would you say that. There is a local lawyer here, ! won't mention his name because ! wouldn't want to get in trouble. Now of course, #740, this is again, where we need a map. And we don't have it, do we? SUPERVISOR HORTON: Understood. MS. EGAN: Disgraceful. Alright, now on #742, what does that mean? SUPERVISOR HORTON: A Town employee has resigned from the Town and there was a, it was pending, actually, ! will turn to the Town Attorney for the best explanation of this. TOWN ATTORNEY FINNEGAN: There was some issues regarding the employment of that employee. The employee has resigned and there was a settlement agreement with the Town, for the benefits and things like, upon separation. MS. EGAN: Oh, maybe to get the COBRA or something like that? SUPERVISOR HORTON: Things along those lines, yes. November 6, 2003 8 Southold Town Board MS. EGAN: Pardon? SUPERVISOR HORTON: That is correct. MS. EGAN: Now, there was something else. SUPERVISOR HORTON: Mrs. Egan, you have come to the end of the resolutions. MS. EGAN: You rushing me again. SUPERVISOR HORTON: No. MS. EGAN: Well, there was some other one here, if I don't see it right away, I will pick it up at the end of the meeting. Thank you very much, Mr. Horton. SUPERVISOR HORTON: Thank you and it was good to see you. MS. EGAN: I think the green peppers should be displayed for the farmers. SUPERVISOR HORTON: Okay, understood. Now, it is green and orange and you told me I had to give this back to you at the end of the meeting? MS. EGAN: No, no, you can bite into that, dear. SUPERVISOR HORTON: Okay, thank you. At this point the Board will move forward with the resolutions and we will do our best to complete the resolutions before we recess for public hearings. #718 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Amy K. Martin for her position as a member Southold Town Tree Committee, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #719 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 General Fund Whole Town Budget as follows: From: A. 1420.1. lee. lee Regular Earnings $1257.14 To: A. 1420.1.100.200 Overtime Earnings $1257.14 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. November 6, 2003 Southold Town Board 9 This resolution was duly ADOPTED. #72O Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Horton to sign the 2004 OCFS Program Application & Budget for the Southold Town Juvenile Aid Bureau. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #721 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of $outhold hereby appoints James McMahon to the New York State Department of Environmental Conservation Shellfish Advisory Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #722 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the following equipment for use by the Southold Town Highway Department: 10' Stainless Steel Spreader(s) Snow Plow Hitch(s) Central Hydraulic System(s) Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #723 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Site Planner Bruno Semon and Senior Environmental Planner Mark Terry to attend the second annual SMART GROWTH SUMMIT on November 21~ 2003 at the Huntington Town House~ Huntington~ NY. Registration fee of $125.00 and travel charges to be a legal charge to the Planning Board, Meetings and Seminars line B.$020.4.600.200. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #724 Moved by Councilman Moore, seconded by Justice Evans, it was November 6, 2003 Southold Town Board 10 RESOLVED that the Town Board of the Town of Southold hereby adopts the following "Town of Southold Flexible Benefits Plan" as follows: TOWN OF SOUTHOLD FLEXIBLE BENEFITS PLAN WHEREAS, the Congress of the United States has enacted legislation in the form of Sections 105, 106 and 125 of the Internal Revenue Code of 1986 which was designed to encourage employers to offer their employees certain benefits through flexible benefits plans operated on a nondiscriminatory basis; and WHEREAS, the Town Board of the Town of Southold has determined that it is in the best interest of eligible employees of the Town of Southold to adopt a flexible benefits plan that will better enable eligible employees to provide for health benefits in a flexible and cost effective manner; NOW THEREFORE, in order to accomplish these purposes the Town Board of the Town of Southold has by appropriate resolution adopted the Town of Southold Flexible Benefits Plan, as hereinafter stated, to be effective January 1, 2003. It is the intention of the Employer that this Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended. ARTICLE I - NAME, PURPOSE AND EFFECTIVE DATE 1.1 Name and Purpose of Plan - This Plan shall be known as the "Town of Southold Flexible Benefits Plan." This Plan is intended to be a "Cafeteria Plan" within the meaning of Section 125(d) of the Internal Revenue Code. 1.2 Effective Date - The effective date of this Plan is January 1, 2003. ARTICLE II - DEFINITIONS 2.1 "Administrator" means the person(s)or corporation appointed by the Employer to carry out the administration of the Plan. 2.2 "Benefits" means the benefits available under the Plan that are described in Section 4.1. 2.3 "Code" means the Internal Revenue Code of 1986, as amended from time to time. 2.4 "Compensation" means the total cash remuneration received by an eligible employee from the Employer during a Plan Year prior to any reductions pursuant to a salary redirection agreement under the terms of this Plan. It shall include overtime, differentials, bonuses and any form of remuneration to the eligible employee for services rendered to the Employer as an employee. 2.5 "Dependent" means an individual who qualifies as a dependent of an eligible employee within the meaning of Section 152 of the Code. In the case of health benefits provided under an insurance policy, the "Dependent" must also be defined as dependents under the policy. 2.6 "Election Period" means the period beginning 60 days and ending 30 days immediately before the beginning of each Plan Year for the election of benefits and salary redirection. 2.7 "Eligible Employee" means any current employee of the Employer who is eligible to participate in the Plan under Section 3.1. 2.8 "Employer" means the Town of Southold ("Town"). 2.9 "Insurer" means an insurance company or health maintenance organization organized or incorporated in any one of the states of the United States which is licensed or authorized by the State of New York to provide a health insurance policy. 2.10 "Insurance Policies" means the agreements between the Town and the various insurers under which the insurer(s) provide health coverage to eligible employees and/or their dependents. 2.11 "Participant" means an eligible employee who voluntarily agrees to participate in the Plan. 2.12 "Plan Contribution" means the amounts paid by Plan participants or on their behalf during the Plan Year either by foregoing cash options or by reducing salary to pay for health benefits. Such Plan November 6, 2003 Southold Town Board 11 Contributions may be made on a pretax basis in which case the Plan Contributions are not included in the participant's taxable income for the Plan Year. 2.13 "Plan Year" means the twelve-month period starting on January 1 and ending December 31. The Plan Year shall be the coverage period for the benefits provided for under this Plan. If an eligible employee begins participation under the Plan after the first date of the Plan Year, the first period of coverage shall begin with the date of participation and shall end on the last date of the Plan Year. 2.14 "Premiums" means the Participant's cost for insurance policy benefits. 2.15 "Reimbursement Account" means an amount allocated to each Participant to which Plan Contributions are allocated and from which the qualifying health care expenses may be paid or reimbursed. 2.16 "Salary Redirection" means Plan Contributions made by the Employer for a Participant. These are allocated to the reimbursement account as authorized by a Participant's election of benefits under the Plan. 2.17 "Salary Redirection Agreement" is an agreement between the Participant and the Employer in which the Participant agrees to reduce his compensation which has not yet been earned by a certain amount and the Employer agrees to contribute that amount to the Plan on behalf of the Participant. ARTICLE III - ELIGIBILITY AND PARTICIPATION 3.1 Eligibility - All employees on the effective date of this Plan and any future employees who are employed by the Town during a Plan Year who are eligible to participate in the Town's health insurance program and in the Town's group medical plan pursuant to the applicable collective bargaining agreement between the Town and a union representing a unit of employees including the subject employees or, in the case of a nonunion employee, as determined by the Town. In order to be eligible to receive the declination bonus, the employee must certify that he or she has health insurance through another source other than the Town. 3.2 Participation - Each employee who is eligible to participate in the Plan and who does not become ineligible to participate in the Plan for any reason shall become a Plan Participant in this Plan on the later of (1) the effective date of this Plan or (2) on the date the employee becomes eligible for health benefits in accordance with the terms of the relevant collective bargaining agreement, Town policy and/or applicable insurance plan provisions. 3.3 Terms of Participation - Before the Plan is utilized by a particular eligible employee, he or she shall first agree to indemnify and save the Town harmless against any and all claims and/or liabilities including attorneys' fees, that may arise out of or by reason of action taken or not taken by the Town for the purposes of complying with Internal Revenue Code § 125 and other relevant law. Participation in the Plan ends if a Participant becomes ineligible, terminates or is discharged from employment, dies or if the Plan is terminated. All benefits under the Plan will cease at that time except that any rights which the Participant may have under Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985 as amended ("COBRA") and any other state or federal law shall survive to the extent provided by these laws. ARTICLE IV - BENEFITS UNDER THE PLAN 4.1 Benefit Options Declination Bonus - Each eligible employee may select one of the two options listed below: A. Declination in lieu of a specific level of health insurance coverage, with payment of declination cash as set forth in the applicable collective bargaining agreement of, for nonunion employees, Board Resolution; or B. No declination of health insurance coverage November 6, 2003 Southold Town Board 12 Health Care Reimbursement Account A. Generally - Each eligible nonunion employee will be entitled to receive for each Plan Year reimbursement of Qualifying Health Care Expenses incurred during the Plan Year, which are not reimbursed by other medical plans, and which are not taken as a deduction on the employee's income tax return, up to the dollar amount of coverage elected by the employee for that Plan Year. B. Forfeiture - If the employee incurs aggregate expenses qualifying for reimbursement less than the dollar amount of coverage he elects for a Plan Year under the Plan, any amount remaining in the employee's Reimbursement Account as of the end of the Plan Year shall be forfeited. Subject to applicable law and regulations, forfeitures will be applied to payment of plan expenses. C. Benefits Limited to Expenses Incurred in Plan Year. The coverage elected is available only to reimburse expenses which are incurred during the Plan Year. However, employees shall have until April 1 following the Plan Year to submit claims for expenses incurred during the Plan Year. An expense is incurred during the Plan Year if the services giving rise to the expense are performed during the Plan Year. An expense shall not be deemed to be incurred during the Plan Year merely because an employee receives a bill or pays for the expense during the Plan Year. D. Qualifying Health Care Expenses. Qualifying Health Care Expenses shall include only amounts which are deductibles, co-payments and premium payments for the AFLAC cancer insurance plan that is made available through the Town. Expenses must be substantiated by a written statement from an independent third party stating that the medical expense has been incurred and the amount of the expense. The employee must provide a written statement that the amount has not been reimbursed and is not reimbursable from any other health plan.4.2 Benefit Process - For any Plan Year, a Participant who is an eligible employee may elect to receive a benefit listed in 4.1 above by completing and signing an election form during the election period. The Town shall provide the forms. After the form has been properly submitted and received and accepted by the Town, the initial election shall become effective on the first day of the first pay period beginning after the election form is received. Once effective, an election under this section shall remain in effect throughout the Plan Year in which it was made and throughout all subsequent Plan Years unless a change is made pursuant to 4.3 below. 4.3 Change In Benefit Elections - Each eligible employee will have the opportunity to change his or her benefit election effective on the first date of the subsequent Plan Year. The election shall be made on an election form provided by the Plan Administrator and must be made during the Election Period before the start of the Plan Year. An eligible employee will not be permitted to change any benefit election for a Plan Year, except as provided (1) under § 125 of the Code and the rules and regulations issued thereunder and (2) the insurance policy. 4.4 Termination of Participation - A Participant may terminate benefit election by notifying the Plan Administrator in writing during the election period that he or she does not want to participate in that November 6, 2003 Southold Town Board 13 benefit for the next Plan Year. The employee will then have to wait for the next election period before electing to participate in the Plan. 4.5 Forfeiture of Unused Benefits - A Participant shall receive no reimbursement for benefits elected but unused during a Plan Year for any reason. Forfeitures may be used to pay plan expenses or costs. ARTICLE V - SALARY REDIRECTION 5.1 Right of Election - An eligible employee may elect to receive full salary in cash or to participate in a salary redirection agreement. Unless the eligible employee affirmatively states that he wishes to receive full salary in cash, he will be deemed to participate in salary redirection. 5.2 Salary Redirection Agreement - Under the terms of a salary redirection agreement, a Participant agrees to have deducted from his salary an amount which is equal to the Participant's premium costs for health insurance under insurance policies agreed to by the Employer and/or the Participant's election amount for qualifying health care expenses. The Employer agrees to contribute to the Plan as a Plan Contribution allocated for that Participant an amount equal to the amount deducted from the Participant's salary for that purpose. Premiums will be paid on behalf of the Participant from the amount of Plan Contributions allocated to the Participant. If more than one insurance benefit is selected, sub-accounts for each of the Participant's elections will be made. 5.3 Term of Election - A Participant shall determine salary redirection prior to the beginning of the Plan Year during the election period. The first term of the salary redirection agreement for new employees who were not on the payroll of the Employer during the election period shall be from the first day of the pay period following the date of participation until the end of the Plan Year. 5.3 Revocations or New Elections - A salary redirection may be revoked or a new election made during the Plan Year if there is a change in family status under Section 125 of the Code, the rules and regulations thereunder, and the insurer permits such revocation or new election. 5.4 Rules and Regulations - The Plan Administrator may establish reasonable rules and regulations for the determination of amounts of salary redirection for each payroll period and for the implementation of this benefit. 5.5 Application of Premium - As soon as practicable after each payroll period, the Employer shall apply the salary redirection to the Participant's premium expense and/or health reimbursement account. 5.6 Changes in Premium Rates - The amount of salary redirection shall be determined by premium costs which may increase or decrease during a Plan Year and the rate of contribution to be made by a Plan Participant under the terms of a collective bargaining agreement or by virtue of the rate of contribution required of nonunion employees. If insurance costs charged by the insurer increase or decrease during the Plan Year, the amount of salary redirection shall be adjusted accordingly. 5.7 Medical Benefits - The medical coverage provided, the types and amounts of benefits, the eligibility for participation and all rights and obligations concerning the terms and conditions of medical coverage and benefits shall be determined by the medical Plan that is in effect from time to time. Neither the Employer or the Plan make any representations or assume any responsibility for the determination of medical coverage, benefit, eligibility for participation or any other terms and/or conditions of the medical coverage. Total premium costs shall be determined by the insurer providing the medical coverage. ARTICLE VI - DECLINATION OF HEALTH INSURANCE BENEFITS 6.1 Right of Election - An eligible employee may elect to receive health coverage at a specific level; i.e.., individual or family, or elect to receive health insurance declination cash ("declination") instead of health insurance coverage, provided the employee meets the terms of the collective bargaining November 6, 2003 Southold Town Board 14 agreement which offers the health insurance or the declination cash or for nonunion employees the terms established by the Town for the declination cash. 6.2 Declination Cash - A Participant who elects declination cash instead of health insurance coverage under the terms of a collective bargaining agreement or by virtue of this being a benefit offered to a nonunion employee shall have an amount equal to the amount of the declination cash contributed to the Plan by the Town. The Plan shall pay said cash to the Participant provided the Participant meets all of the requirements for said declination cash under the terms of the collective bargaining agreement or for nonunion employees as established by the Town. 6.3 An eligible employee who does not elect declination cash shall be deemed to have retained the current level of health insurance coverage. ARTICLE VII - BENEFIT CLAIMS PROCEDURE 7.1 Insurance Claims - Claims for benefits that are provided by an insurance contract shall be made to the insurer. If the claim is denied the Participant shall follow the insurer's claim procedure. Neither the Town nor the Plan make any representations or assume any responsibility for the determination of medical coverage, benefit, eligibility or any other terms and/or conditions of the medical coverage. Under no circumstances shall the Plan, the Plan Administrator or the Town be liable for any insurance claim benefit which is denied. 7.2 Non-insurance Claims Review - A review of a denial in whole or in part of a non-insurance claim for benefits under this Plan shall be made to the Plan Administrator. Such claims shall be made within 60 days after denial unless special circumstances require an extension of time. The Plan Administrator shall determine the validity of the claim within 60 days after its receipt. If the Plan Administrator does not make a determination within 60 days, the claim shall be deemed denied. 7.3 Plan Administrator Authority - The Plan Administrator shall have full authority to resolve any and all disputes under this Plan. The Plan Administrator shall have full authority to interpret Plan language and to resolve any ambiguities and to determine the application of this Plan. 7.4 Notice of Claim Denial - In the event the Plan Administrator denies a claim in whole or in part, the Plan Administrator shall furnish the claimant with a written notice giving the claimant the following information: (A) the reason for the denial and reference to the specific Plan provisions upon which the denial is based (B) information or material which the claimant must submit to perfect his claim and why such information or material is necessary (C) an explanation of the Plan Appeal Procedure as set forth in 6.5 below 7.5 Appeal Procedure - Within 60 days of denial of a claim, the claimant may submit in writing to the Plan Administrator a request for a review of the denial by the Plan Administrator. The claimant shall have the right to examine all pertinent documents, submit issues and comments in writing, have counsel of his or her own choice, and to submit any relevant evidence. No later than 60 days after receipt of a request for a review, the Plan Administrator shall render a decision in writing. It shall state the reasons for the decision and shall refer to relevant Plan provisions or Code sections upon which it is based. The decision of the Plan Administrator is final and binding. ARTICLE VIII - PLAN ADMINISTRATOR 8.1 Appointment - The Town Board shall appoint the Plan Administrator. At the option and sole discretion of the Town Board, the Plan Administrator may be a single individual, corporation or committee of three persons. November 6, 2003 Southold Town Board 15 8.2 Authority and Responsibility of the Plan Administrator - The Plan Administrator shall have authority and responsibility to take any reasonable actions necessary to control and manage the operation and administration of this Plan. The Plan Administrator shall have authority to establish rules and regulations which shall be applied on a uniform and nondiscriminatory basis to all Participants to fulfill the purposes of this plan. The Plan Administrator shall have authority to resolve all disputes under this Plan and to resolve all claims disputes. The Plan Administrator shall have authority to interpret the language of this Plan and to resolve any and all ambiguities. These determinations shall be final. 8.3 Removal of Plan Administrator - The Town Board may remove any Plan Administrator at any time for any reason by giving written notice to the Plan Administrator and to remaining Plan Administrators, if any. ARTICLE IX - AMENDMENT OR TERMINATION 9.1 Amendment - The Town reserves the right to amend this Plan at any time or from time to time in any manner the Town deems appropriate or advisable subject to 10.3 herein. 9.2 Termination - The Town established this Plan with the bona fide intention that it remain in effect indefinitely. Nevertheless, the Town has no obligation to continue the Plan for any given length of time and it may terminate the Plan without any liability at any time subject to 8.3 herein and except for liability which may accrue independent of this Plan under the terms of a collective bargaining agreement. 9.3 Participants' Rights - No Plan amendment or termination may affect the right of any Participant to collect a benefit for that portion of the Plan Year or coverage period prior to amendment or termination to the extent such amounts are payable under the terms of the Plan as in effect before the calendar month in which the Plan is amended or terminated. 9.4 Effective Date of Plan Amendment or Termination - Any amendment or termination shall take effect only at the end of a pay period. ARTICLE X - MISCELLANEOUS 10.1 Personal Liability - Nothing in this Plan shall impose or create any personal liability for any Town Board member, the chief Town executive or their agents acting within the scope of their authority. 10.2 Gender and Number - Reference to any gender shall include the masculine, feminine and gender neutral. The plural shall include the singular and the singular the plural where appropriate. 10.3 Construction - The terms of this Plan shall be construed in accordance with the Laws of the State of New York except to the extent that such laws are preempted by any federal statute or by the laws of any other state. 10.4 No Employment Contract Rights - Neither the establishment of the Plan or any amendment thereto shall create any right for any employee to continued employment nor shall this be construed as a contract of employment between the Town and the employee. ARTICLE XI - ENTIRE AGREEMENT 11.1 - This document sets forth the entire Plan and except as provided in this Plan no other employee benefit plan which is now in existence or may be created shall be part of this Plan. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 6, 2003 Southold Town Board 16 #725 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a PSAP Agency Agreement between the Suffolk county Police Department and the Town of Southold for providing Enhanced E911 services to residents within the county of Suffolk, for the period from January 1, 2003 through December 31, 2005, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #726 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the town of Southold hereby declares the following equipment to be surplus equipment: Asset #644 1988 Dodge Caravan Vin. # 2B4F41K5JR649650 Be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise the above vehicle for bid. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #727 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the following items for 2004: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Rock Salt for the Highway Department Bulk Ice Control Sand for the Highway Department Removal and Transfer of Scavenger Waste Removal of Household Hazardous Waste from the Transfer Station Removal of Scrap Tires from the Transfer Station Removal of Scrap Metal from the Transfer Station Town Yellow Garbage Bags Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #728 Moved by Councilman Richter, seconded by Councilman Wickham, it was November 6, 2003 Southold Town Board 17 RESOLVED that the Town Board of the Town of Southold hereby appoints Jefferv Weingart to the position of School Crossing Guard for the Route 25 and Oaklawn Avenue, Southold. SUPERVISOR HORTON: I would just like to say that this young man has really performed for the Town and I am glad that he is continuing service with us. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #729 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Zoning Board Of Appeals to retain Frank Isler~ Esq. as special counsel in the matter of Zupa v. Zoning Board for Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #73O Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Zoning Board Of Appeals to retain Frank Isler~ Esq. as special counsel in the matter of Cooper (Frohne property) v. Zoning Board for Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly ADOPTED. #731 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Zoning Board Of Appeals to retain Frank Isler~ Esq. as special counsel in the matter of ZBA Interpretation #4537 rendered March 3~ 1998. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #732 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, due to the prolonged illness of Justice Edward J. Hannabury, there is currently only one Town Justice available to process Shelter Island Justice Court cases, and, WHEREAS, it is essential to the interests of justice for the Town of Shelter Island to find additional judicial coverage through the extent of Justice Hannabury's illness; and WHEREAS, the Shelter Island Justice Court has requested that the Justices of the Town of Southold provide Shelter Island with additional judicial coverage during the illness of Justice Hannabury and the Justices of the Town of Southold have indicated a willingness to provide Shelter Island with such coverage; and November 6, 2003 Southold Town Board 18 WHEREAS, the Acting Administrative Judge of the Supreme Court has indicated that resolutions are required from both the Town of Shelter Island and the Town of Southold to allow Southold Justices to sit as Justices in the Town of Shelter Island; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes its Justices to provide iudicial services to the Town of Shelter Island during the illness of Justice Hannabury~ subiect to the approval of Acting Administrative Judge Robert Webster Oliver. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED BY RESOLUTION #587, JULY 27, 2004 #733 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of $outhold hereby approves an extension of the leave of absence for Dania Atkinson~ Public Safety Dispatcher at the Southold Town Police Department, until March 2005. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #734 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew Shultz And Charles Heerbrandt (students participating in the Eastern Suffolk BOCES Law Enforcement Program at the Milliken Tech Center~ Oakdale) as interns with the Southold Town Police Department commencing on the following dates: Monday, November 10; Wednesday, November 12; Thursday, November 13; Tuesday, November 18; Wednesday, November 19 and Thursday, November 20, 2003, to serve with no compensation. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #735 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the office of H2M Group to process all paperwork and make the necessary application for inclusion of the Brushes Creek Bridge into the New York State Department of Transportation Bridge Inventory. The cost for this service shall be the lump sum price of Two Thousand Five Hundred Dollars ($2500.00). Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #736 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of Town Attorney. November 6, 2003 Southold Town Board 19 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #737 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community Preservation Fund as follows: TO: H3.8660.2.500.200 Appraisals $20,000 FROM: H3.8660.2.600.100 Land Acquisitions $20,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #738 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of November, 2003 a Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited Income" 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 18th day of November~ 2003 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed "A Local Law in relation to Exemption for Disabled Persons With Limited Income", reads as follows: LOCAL LAW NO. 2003 TOWN OF SOUTHOLD A Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited Income" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose -To increase the income limit for disability exemptions considering the current pace of inflation. II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-9. Exemption granted. A. Real property owned by a person with disabilities whose income is limited by such disabilities, and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation. B. [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001] To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed $2!,500 $32,400. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: Percentage Assessed Valuation Exempt Annual Income From Taxation November 6, 2003 Southold Town Board 20 to~,,-,,~'~ A~ $23,999 50% ccm ,~ ~,~,~ Ann $24 000 to $24,999 45% ccm ,~ ~,~-~ Ann $25 000 to $25,999 40% ccm ,~ ~'~A Ann $26 000 to $26,999 35% ccm ,~ ~,~ '~ $27 000 to $27,899 30% Acm ,~ ~,~ 'mo $27 900 to $28,799 25% '~cm ,~ ~,~-~ ~ on $28 800 to $29,699 20% ,mc~ ,~ ~,~ c~oo $29 700 to $30,599 15% ~cm,~ ~,~ non $30 600to $31,499 10% cmc~ ~ ~'m ~ $31,500 to $32,399 5% III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part there of other than the part so decided to be unconstitutional or invalid. IV. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2004. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #739 Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of November, 2003 a Local Law entitled "A Local Law in relation to Senior Citizens Exemption" 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 18th day of November~ 2003 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed "A Local Law in relation to Senior Citizens Exemption", reads as follows: LOCAL LAW NO. 2003 TOWN OF SOUTHOLD A Local Law entitled "A Local Law in relation to Senior Citizens Exemption" BE IT ENACTED by the Town Board of the Town of Southold, as follows: Purpose -To increase the income limit for senior citizen exemptions considering the current pace of inflation. II. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as follows: § 85-1. Partial exemption for senior citizens A. Amount of exemption. (1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from town taxes to the extent provided, subject to the following income limitations: Income Extent of Exemption Up to $2!,~99 $23,999 50% November 6, 2003 21 Southold Town Board <cra ,~ ~,~,~ Ann $24 000 to $24,999 45% <cra ,~ ~,~e Ann $25 000 to $25,999 40% ccm ,~ ~'~A Ann $26 000 to $26,999 35% ccm ,~ ~,~ enn $27 000 to $27,899 30% Acm ,~ ~,~ 'mn $27 900 to $28,799 25% eom ,~ ~,~-~ ~ nn $28 800 to $29,699 20% ,mc~ ,~ ~,~ c~nn $29 700 to $30,599 15% ~cm,~ ~,~ nnn $30 600to $31,499 10% 'm cmc~ ,~ ~'m ~nn $31,500 to $32,399 5% Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed lll. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part there of other than the part so decided to be unconstitutional or invalid. IV. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2004. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED-December 2, 2003 by #775 #740 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-122-3-10, application of Amerada Hess Corporation, from Marine 1 (M-l) District to General Business (B) District; and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUS1NESS (B) DISTRICT"; now therefore be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearin~ on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York at 8:00 p.m, Tuesda¥~ December 2~ 2003. The purpose of this Local Law is to change the Zoning District Designation of SCTM# 1000-122-3-10 from Marine 1 (M-I) District to General Business (B) District. The petitioner for this request is Amerada Hess Corporation. The property is approximately 0.528 acres and is located on the south side of Main Road, Mattituck, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #741 Moved by Justice Evans, seconded by Councilman Wickham, it was November 6, 2003 Southold Town Board 22 RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the proposed Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy", is an Unlisted action, and will not have a significant impact on the environment, and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration pursuant to SEQRA Rules and Regulations for the proposed Local Law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #742 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated October 29, 2003 regarding a town employee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is recessed to hold two (2) public hearings in the matter of 1. THE PRELIMINARY 2004 BUDGET HEARING AND 2. HEARING ON "A LOCAL LAW IN RELATION TO CONTINUING CONDITIONS FOR THE VALIDITY AND EXISTENCE OF A BUILDING PERMIT AND ISSUANCE OF A CERTIFICATE OF OCCUPANCY". Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at #743 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 st day of October 2003 a Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the local law entitled, "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" reads as follows: LOCAL LAW NO. 24 2003 A Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" BE IT ENACTED by the Town Board of the Town of Southold, as follows: November 6, 2003 Southold Town Board 23 I. Purpose- For the protection of the health, safety and general welfare of the public and the preservation of property values in the Town, all storm water run-off generated by proposed construction and/or construction activities shall be contained to prevent adverse impacts to the construction site and adjacent properties. II. Chapter 45 of the Code of the Town of Southold is hereby amended as follows: {}45-10 C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any Building Permit and issuance of a Certificate of Occupancy by the Town of Southold. 1) Storm water runoff generated as a result of up to a two inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and or grading. 2) Prior to the issuance of a Certificate of Occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 3) Prior to the issuance of a Certificate of Occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. 4) Where a construction site is traversed by a watercourse, drainage-way, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other structures. IlL Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions on the printed agenda. I will offer the floor to the public to address the Town Board on town related issues. Yes, Mr. Carlin. FRANK CARLIN: Frank Carlin, Laurel. I want to ask a few questions about the Animal Shelter because I am very interested in that now. Now, being that the election is over, I hope that we can focus some time on this Animal Shelter. I mean, five acre zoning and all of that, let's give some priority to this Animal Shelter. Now, let me ask you a question, have you decided who you are going to replace Bill Moore with? SUPERVISOR HORTON: I have actually given that quite a bit of thought. I think that at this point in time and again, having made this appointment so I am open to input but I think that I would like to see Councilman Wickham work with Councilman Moore over the next couple of months to create a November 6, 2003 Southold Town Board 24 seamless transition so that Councilman Wickham can carry the torch and work with the North Fork Animal Welfare League in moving these discussions forward and taking some action. MR. CARL1N: Well being Frank Carlin, I tell it the truth, I disagree with you. SUPERVISOR HORTON: Okay. MR. CARL1N: 100%. SUPERVISOR HORTON: Well, you can, why don't you give me a call maybe Wednesday night or you can stop by the Office and you can give me your thoughts on who you think the ..... MR. CARLIN: You mean you want me to give you some reasons? SUPERVISOR HORTON: No, you just can come by and give me your thoughts on who would be a good liaison. MR. CARL1N: Sure. Fine. SUPERVISOR HORTON: That would be great. MR. CARL1N: Well, ! can pretty well figure them out. You know what bothers me a little bit? Back in August, you had a resolution here to pass the, on a $4 million land preservation bond proposal and you passed it but you tabled the $2 million bond issue on the Animal Shelter. That sort of indicated to me that the Animal Shelter had very little priority and believe it or not, to tell you the truth, ! still think it does. But maybe now, like ! said, with the election over, we would be able to step up to the plate and get this thing moving. ! hope to be around by next year but ! hope that if ! am hear by next year that ! will be able to see the new Animal Shelter built, ! have been waiting for almost 18 years. And ! think it is about time. We built, it has been beaten to death, it has been given a low priority, now let's get down to business. That is another thing that ! would like to see done in this Town, ! am going to add affordable housing. Let's get on affordable housing, let's get that started. We need that in this Town. Riverhead is already started on it. But let's get the Animal Shelter and let's get the bond issue out and decided on and put the slick that we had that already done. Let's not wait until the last minute. Have the bond issue, you are going to have a public hearing on it, right? SUPERVISOR HORTON: We are not required to but.. MR. CARL1N: Well, you probably would because you like a lot of public hearings. COUNCILMAN MOORE: It would require a public hearing, not a referendum. MR. CARL1N: Right, that is what I said. You are gonna have a public hearing on it. SUPERVISOR HORTON: I am sorry, I was mistaken, excuse me. November 6, 2003 Southold Town Board 25 MR. CARL1N: So, nothing usually goes smooth sometimes, sometime what are you going to do if you have a public hearing? You are going to come up again if there are some questions there you are going to say we need a moratorium for three months, or we need this for this month. We have to postpone it, we have to study it and here we go again. Get that over with now. That you have it right away and you know what you got. And then when you are ready to build, you move right along. Not have this hold you up for some reason or other that the reason was unexpected. SUPERVISOR HORTON: Okay. MR. CARL1N: That is the way I would do it. SUPERVISOR HORTON: That is good advice. Thank you. MR. CARL1N: I was going to speak a lot about the Animal Shelter tonight but I will leave that go for another time. SUPERVISOR HORTON: Thank you, Mr. Carlin. It was good to see you. MR. CARLIN: But let's get this program on the road, gentlemen. I am telling you, it is awful. SUPERVISOR HORTON: Would anybody else care to address the Board? Motion to adjourn? MS. EGAN: No. No, no, no, no, no. I haven't had my turn on this. SUPERVISOR HORTON: Mrs. Egan, do you feel the need to address the Board on more Town business? MS. EGAN: Oh, absolutely. One thing ! will say in regard to the elections... SUPERVISOR HORTON: Mrs. Egan, we are not going to speak about the elections. MS. EGAN: ...this is a waste of paper, the slick paper that you use. Disgraceful. Most of it winds up in the yellow bags. Now, what ! would also like to, you, now, Amy Martin' s... SUPERVISOR HORTON: Mrs. Egan, that has already been voted on. MS. EGAN: Alright. Amy Martin, was she replaced? SUPERVISOR HORTON: That position will be filled. MS. EGAN: Good. Now, I would also like to comment on the fact that when we have more resolutions and you have other, these other public hearings, very often you interrupt them and you lose the train of continuity. So somehow, that has to be addressed better. ! would also like the present Board and the future Board and ! will bring this up again in the next meeting and in the other two in December, ! would like to see that the term of office for the Council and for certainly the Supervisor, be extended from two years to four years because as ! have said right along, you are here only a year and a half and nothing is getting done and then you are starting to run for office and nothing gets done. So, ! don't know whether you need to have a public hearing on that, ! don't know whether it has to be , November 6, 2003 Southold Town Board 26 put to the general election but something has to be done because the Town is falling apart because nothing is getting done. SUPERVISOR HORTON: That is correct. Thank you, Mrs. Egan. MS. EGAN: No, I am not finished. The noise control, nothing has been done, the protection around, you have the runoff now for water that Ms. Finnegan addressed very well, you also have not had through the Building Department when permits are given, that they put protective devices so that animals, children and people don't get hurt. And this was something, it was supposed to be done. Still, down there in Greenport by the lumber company and 7-11, it is still a mess and Mr. Romanelli was supposed to be taking care of that. Mr. Romanelli was supposed to take care of the noise control and Mr. Richter was supposed to take care ofthe Police liaison and none of you did your business. SUPERVISOR HORTON: Mrs. Egan. Yes, Mr. Carlin. MR. CARLIN: While everybody else speaks, I have been listening to five acre zoning for an hour, hour and a half, people speaking, why can't I say what I want to say? Alright? I am a taxpayer and I intend to say it. SUPERVISOR HORTON: Absolutely. MR. CARLIN: So, I don't want to hear this no more, about me taking too long in speaking. SUPERVISOR HORTON: Nobody said that, Mr. Carlin. MR. CARLIN: Well, I don't like these remarks when I come in here, from some of these people that sit here. I am getting tired of it. SUPERVISOR HORTON: That is why you address the Board and nobody else. MR. CARLIN: You know, I was going to mention in the future what this lady said about four years for the Supervisor. I agree with that, four years for the Supervisor. Because when you look at it, you got the Tax Assessor, you got your Highway Supervisor, you got your Receiver of Taxes, you got your, everybody in the Town Hall is four years. You got your President of the United States four years, you got the County Executive four years, you got your Governor four years, why not have Town Supervisor four years? Good night. SUPERVISOR HORTON: Thank you, Mr. Carlin. Have a good evening, sir. This meeting is adjourned. * * * * * * ~/~ t~rLO-n~M16 ElIzabeth A. Ne~~ Southold Town Clerk