Loading...
HomeMy WebLinkAboutTB-11/04/2004SOUTHOLD TOWN BOARD REGULAR MEETING November 4, 2004 7:00 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, November 4, 2004 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 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 7:00 P.M. meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. Over the course of the meeting there are several opportunities for the public to the Town Board, first is prior to the voting of any resolutions. Good evening, Councilman Wickham, how are you? The first portion that we encourage the public to address the Board is prior to the voting of any of the resolutions that are on your printed agenda. We off'er the opportunity to speak directly to any of those resolutions. At the conclusion of the meeting or prior to the conclusion, we also offer the floor to the public to address the Board on other town related items that may be of importance to you. I ask that when you do address the Board, you do so from one of the two microphones located at the front of the room-I still almost say bow of the ship-but the front of the room and that you state your name and place of residence clearly into the microphone so that we can have that as part of our public record. Prior to moving too much further, we have some appointments to make, or some appointments that have been made but I want to take the opportunity to introduce some folks that have recently joined us here with the Town, to the public. Re-introduce November 4, 2004 2 Regular Town Board Meeting them to the Town Board and wish them a congratulations. So, Chief Cochran, if you would come forward with me. And if our five new officers, if you would please come forward. First ofl} the year 2004 under the leadership of Chief Cochran and Lieutenant, now Captain Marry Flatley (inaudible) that it would be a year of change and that change has been supported by the Town Board and myself and we expect that change to continue. And what type of change are we talking about? We have implemented new programs, we have enhanced our training (inaudible) and we expect to continue to enhance that training whether it is patrol oriented specific to patrols, specific to the job, community relations, a whole host of things that we feel are important that our Police Department should be versed in, be fluent in for really the utmost of public service and (inaudible). North Fork Bank purchased canine for us, Walter Krupski is here from North Fork Bank (inaudible) which again enhances and increases our patrol capabilities (inaudible) with a whole host of issues. So gang awareness training has increased, we have gotten more involved with these types of programs so we know more and the more we know, the more the Department knows, the better we are going to serve the people that we live with and work with. In addition to that, we have made some infrastructural changes. We have added, we are in the process of adding (inaudible). All of these items is a lot to take on in one year, all of these items have gone to strengthen the Police Department in the hopes and the anticipation, the expectation of providing better service to the community at large. With that being said, tonight we are, I am very pleased to announce the appointment of five new police officers, two of whom are going right to work for us and three of whom are in the police academy as we are speaking. All of whom are local Southold Town residents. I think that is really terrific. It is important and it is exciting to know that we have gotten people that have grown up in this community and staying in this community and returning to serve the community. Part of this, what we hope to provide, what we expect to provide is strengthened patrol. Essentially when you are talking four or five police officers, what you are doing is you are putting one additional person on the road each day. That is what, in our Town, that is what five officers add up to, is one person on a 24 hour basis. And it is important that we provide that service and that is what this about (inaudible) some of these gentleman that are going to the police academy, we expect (inaudible) and innovative patrol. So first I am going to, I am going to hand these out by name, I am not going to read the letter, it is a very brief, straight forward letter but first is Mr. Gordon, whose father is a retired Southold Town police officer and Joe, you graduated from a local high school, you have a degree in education, has worked with youth in the community and is active in the community and comes to us from the New York City police department. So welcome aboard, congratulations. Next is Mr. Jemick, a name that everybody knows, have you had to move from one place to another at some point in time; Mr. Jernick actually comes to us with 13 years of experience, some of that in South Carolina, after he was discharged honorably from the United States Navy and also he has worked for the New York City police department and most recently comes to us from the (inaudible). Congratulations and welcome aboard. Mr. Jacobs, another fine young gentleman, a graduate from a local high school, joins us. Active in the community, has a strong interest in youth and that is (inaudible) police officer here in the Town of Southold because the youth are really where it is at. (Inaudible) Mr. Wilinski, another local name, congratulations, Mr. Wilinski, welcome aboard. This is really a milestone for Mr. Wilinski, it has been a longtime ambition, a longtime goal to join the Southold Town police department and we are glad to have you aboard. And Mr. McNamara, comes to actually with tremendous amount of management experience from the private sector and we are very excited to have you aboard. Thank you and congratulations to you all. We have extremely high expectations for each and every one of our officers. So lot's of good luck to you. Thank you. Thank you and congratulations. November 4, 2004 3 Regular Town Board Meeting CHIEF CARLISLE COCHRAN: Once again, I would like to thank the Board for their support and I hope that the five of them will make the community proud and we look forward to serving the community the best we can. SUPERVISOR HORTON: Thanks, Chief. We know you will make them make the community proud. Actually, Chief, Dan Ross said that you do have to stay for the whole meeting. I am over rided, have a good night. Okay, we will move ahead with the meeting with our first 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 $187, 496.45; General Fund Part Town bills in the amount of $2,082.50; Community Development Fund bills in the amount of $4,370.00; Risk Retention Fund bills in the amount of $514.85; Highway Fund Part Town bills in the amount of $46,391.67; Capital Projects Account bills in the amount of $68,763.00; Community Preservation Fund (2% Tax) bills in the amount of $6,055.29; New London Terminal Project bills in the amount of $960.59; Employee Health Benefit Plan bills in the amount of $47,509.50; Fishers Island Ferry District bills in the amount of $49,201.34; Refuse & Garbage District bills in the amount of $36,192.93; Southold Wastewater District bills in the amount of $199.22; Southold Agency & Trust bills in the amount of $8,532.82 and Fishers Island Ferry District Agency & Trust bills in the amount of $295.50. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the Regular Town Board meeting of October 19, 2004 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 Wickham, it was RESOLVED that the minutes of the Special Town Board meeting of October 26, 2004 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 Wickham, it was RESOLVED that the next Regular Town Board work session be held Tuesday, November 9, 2004 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was November 4, 2004 4 Regular Town Board Meeting RESOLVED that the next Regular Town Board Meeting be held Tuesday, November 16, 2004 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Town Clerk Monthly Report September 2004 2. North Fork Animal Welfare League Financial Statement through September 2004 3. Town of Southold Budget Report September 2004 4. Employee Health Care Plan, Island Group, Claim Lag Report through September 2004 II. PUBLIC NOTICES 1. Southold Town Board of Trustees Resolution to close all scallop harvesting as of October 21, 2004, said closure to be reconsidered after review of all relevant information. 2. New York State Department of Environmental Conservation Notice of Complete Application of Grace Finora to install bulkheading along the shoreline of two adjacent lots on James Creek, located at the intersection of Bay Avenue and East Legion Road, Mattituck, Town of Southold. Written comments by November 19, 2004. 3. New York State Department of Environmental Service notice of application of Anderson Fisheries, Inc. to place and operate an off-bottom culture of shellfish grow-out activity on public underwater lands in Long Island Sound, Goldsmith Inlet, Town of Southold. Written comments by December 1, 2004. III. COMMUNICATIONS None SUPERVISOR HORTON: At this point in time, we off'er the floor to the public to address the Board on any of the specific resolutions that are on the agenda. Yes, Mr. Carlin. FRANK CARLIN: Frank Carlin. I think it is, #799. SUPERVISOR HORTON: #799 is a grant that the Cutchogue Chamber of Commerce received and it is being administered from the County, their T 21 grant, through the Town for streetscape improvement. That grant was actually obtained about two years ago and this is the process by which we will go through to activate it. By which there will be, in conjunction with some if the repaving that is taking place along Route 25, there will also be some streetscape improvements. Which is lights and I believe a couple of benches as well. MR. CARLIN: Isn't there supposed to be a preliminary budget meeting tonight? SUPERVISOR HORTON: At 7:30 we will be moving into that. Thank you, Mr. Carlin. Are there other comments in regard to the resolutions? (No response) We will move forward with the resolutions that are on the agenda. November 4, 2004 5 Regular Town Board Meeting #780 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation of Ethel Grigonis from her position as part-th-ne Clerk Typist with the Highway Department, effective October 12, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #781 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby designates the Captain Elsworth Tuthffi's property (or old Judge Tuthffi's property), located at 5170 Wickham Avenue, Mattituck, New York as a Southold Town Landmark at the recommendation of the Southold Town Landmark Preservation Commission. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #782 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby designates the Freeman's Farmhouse (or Overton House), located at 150 Ba?m'ater Avenue, Southold, New York as a Southold Town Landmark at the recommendation of the Southold Town Landmark Preservation Commission. SUPERVISOR HORTON: I just want to confirm that this is in conjunction with the property owner's request. COUNCILMAN EDWARDS: Yes, I believe it is. JUSTICE EVANS: I think there was an application. SUPERVISOR HORTON: It is an application, I was just reviewing that. JUSTICE EVANS: There is lwo on. SUPERVISOR HORTON: Excellent. I think that is interesting because I think that speaks to some of the initiatives we have underway, outreach and public education in regard to historic preservation is certainly something that can raise awareness and result in people getting involved with this program. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #783 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Zachary Tomaszewski as a full-th-ne Technical Coordinator II in the Data Processing Department at a salary of $55,377.58 per year, effective November 22, 2004. SUPERVISOR HORTON: I want to thank a couple of people in being instrumental in really seeing this process through from start to finish and one is Lloyd Reisenberg, another is John Sepenoski and Councilman Romanelli for really putting a lot of time in recommending this person. I think this November 4, 2004 6 Regular Town Board Meeting gentleman, Mr. Tomaszewski is going to give quite a bit to the Town. It is a needed improvement in the Department or addition to the Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #784 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Fishers Island Ferry District to advertise bids for the dry-docking of the MV Mmmatawket, for a two-week period. Bids to be received in the Ferry District Offices, Fishers Island, New York by noon on November 3, 2004, when they will be opened and awarded at the discretion of the Board of Commissioners. SUPERVISOR HORTON: Where will this be advertised? JUSTICE EVANS: Probably in the Day and I am not sure where else? SUPERVISOR HORTON: Ask them to advertise in the Long Island newspaper perhaps Newsday. Long Island might be interested in this work as well. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #785 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a full refund of $600.00 to Thomas Rozakis, as his application to the Zoning Board of Appeals is out of their jurisdiction. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #786 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town board of the Town of Southold authorizes and directs Supervisor Horton to advertise the Affordable Housing Summit to be held at Southold HS on November 3, 2004 on radio station WLNG, commencing Monday, October 25, 2004 through November 3, 2004. SUPERVISOR HORTON: I just wanted to thank the Town Board for their support in this and helping to organize it and I think it was extremely empowering and eye opening. We had about 250 people, all from Southold Town, all who work here in Town; come to this. It really highlighted a need that I think the Town Board is serious about addressing. And I look forward to taking that data base and advancing some initiatives to address probably one of the most important things in town today. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 4, 2004 7 Regular Town Board Meeting #787 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town General Fund 2004 budget~ as follows: FROM: Regular Earnings $ 4345.45 B.3620.1.100.100 TO: B.3620.1.100.300 B.3620.1.100.400 Vacation Earnings $ 790.08 Sick Earnings 3555.37 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #788 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2004 budget~ as follows: TO: DB.5142.4. tee. tee Snow Removal Contractual Expenses Misc. Supplies $6,982.00 FROM: DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment $6,982.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #789 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Anthony Trezza~ Senior Planner~ to attend the free workshop "New Technologies for Planning and Public Participation" on Wednesday, November 3, 2004, sponsored by the Suffolk County Water Authority at their training center in Coram from 4:00 p.m. to 5:30 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. #79O Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise the bid for the supplying the Human Resources Center with milk for the 2005 calendar year as the bid specifications have changed. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. November 4, 2004 Regular Town Board Meeting This resolution was duly ADOPTED. 8 #791 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for Damon Rams, Patricia Conldin, Bob Fisher and Michael Verity to attend a training seminar on November 17, 2004. The seminar will be held at Firemans Pavilion, 555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. 4:00 p.m.. All expenses shall be a legal charge against the Building Department 2004 budget. This is part of the mandatory in-service training required for Code Enforcement Officials. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #792 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the disposition of Pitney Bowes Copier Model 9326, Serial #4093736, as it had been declared irreparable by Pitney Bowes Service in 2003. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #793 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following elected or appointed officials to attend the Annual Meeting of the Association of Towns in New York City on February 20-23, 2005: Supervisor, Councilmen, Town Clerlq Town Assessors, Town Attorney, Assistant Town Attorneys, Town Engineer, Town Justices, Justice Court Clerks, Executive Assistant to Supervisor, Receiver of Taxes Clerk Vicki DeFriest, Superintendent of Highways, Deputy Comptroller, Solid Waste Coordinator, Building Department (Patricia Conklin and Damon Rams), Code Enforcement Officer, and Planning Department's Senior Environmental Planner Mark Terry; and be it FURTHER RESOLVED that the Members of the Zoning Board of Appeals and Planning Board are granted permission to attend the Annual Meeting of the Association of Towns on a day trip basis. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #794 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Preservation of Historic Landmarks" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. November 4, 2004 9 Regular Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #795 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste District budget, as follows: To' Appropriations SR.8160.4.100.110 SR.8160.4.100.525 SR.8160.4.100.615 SR.8160.4.100.800 SR.8160.4.400.625 SR.8160.4.400.810 SR.8160.4.600.400 Preprinted Forms Tires (Payloader/Truck) Maint Cat 816B Compactor Maint Facilities/Grounds Tire Repair C&D Removal Postage $ 2,000.00 $ 750.00 $ 500.00 $ 5,000.00 $ 500.00 $30,000.00 $ 5,000.00 From: Appropriations SR.8160.4.100.551 SR.8160.4.100.596 SR.8160.4.400.805 Maint/Supply 5 Yd Loader Maint/Supply Tub Grinder 2 MSW Removal $ 2,000.00 $ 5,000.00 $36,750.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #796 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, November 16, 2004, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the th-ne and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $159,000 in Community Development Block Grant Funds the Town of Southold expects to receive in April 2005 and authorizes Town Clerk Elizabeth Neville to publish an "Announcement of Public Hearing". Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #797 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the new Zoning Map, dated November 4, 2004, to the Southold Town Planning Board for their recommendations and official report pursuant to Town Code Section 100-290B. JUSTICE EVANS: Do we also need to recommend this to the Suffolk County Planning Department? TOWN ATTORNEY FINNEGAN: After we receive the Planning Board's report, we will. November 4, 2004 10 Regular Town Board Meeting COUNCILMAN ROMANELLI: Well, I second and I think it is a proud moment. SUPERVISOR HORTON: I will say. Let me elaborate on this a bit. This morning, but a tremendous amount of work has gone into this and it is something that I think will tremendously assist the Tax Assessors Office, the Building Department, the Town Clerk's Office, the Town Attorney's Office and the public at large. It has been a long process, actually taking the old zoning map and actually applying new technology to it, cleaning it up and going through an 18 month process, actually, of insuring that zone changes that were done over the years were done properly and clean up areas that needed to be cleaned up, so that we could actually have this available. So, you are right, John, it is a proud moment. COUNCILMAN ROSS: It doesn't change any zoning, it is merely taking the substantive changes that were made and putting it on the map. Just so there is no misunderstanding. SUPERVISOR HORTON: It is one of the longstanding concerns and complaints that I have heard and it is a legitimate one and completely valid and that is, 'where do I get a zoning map. I need a zoning map.' So, it has inconvenienced a lot of people. So, congratulations Pat. You have done a great job, you and your team. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #798 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget as follows: To: A.8660.4.100.300 Community Development, C.E. Affordable Housing Supplies $1,000 From: A. 1990.4.100.100 Unallocated Contingencies $1,000 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #799 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Whole Town Budget for Cutchogue/New Suffolk Chamber of Conunerce Down town Revitalization Grant as follows: Revenue: A.2389.20 Appropriations: A.8510.2.400.200 Miscellaneous revenue, Cutchogue Chamber Grant $13,105.43 Cutchogue Chamber Grant Street Lights $13,105.43 SUPERVISOR HORTON: Again, this is one of those types of initiatives where people have volunteered their time, gotten involved, come up with a plan, organized and brought it from a concept November 4, 2004 11 Regular Town Board Meeting to near completion, to fruition. I think it is going to really benefit downtown Cutchogue and be a wonderful addition. So congratulations to the Cutchogue Chamber. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #800 Moved by Councilman Romanelli, 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 a Wire Transfer Agreement and Request for Test Key with the Suffolk County National Bank said agreement subject to 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. #801 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Daniel Welch to the position of temporary Scale Operator in the Solid Waste District at the rate of $14.65 per hour, commencing November 5, 2004 not to exceed 90 days. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O2 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Southold Town Clerk to advertise for resmnes for the Shellfish Advisory Committee. SUPERVISOR HORTON: This is another, actually another committee that I think really warrants fresh perspective, some enhanced membership to really get some of the issues out on the table surrounding you know, the shellfish crop at large and how the Town can best help to manage that resource. So I am hoping that we actually get some baymen of the younger generation involved to insure a future in that industry. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O3 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thames Shipyard~ on behalf of the Fishers Island Ferry District~ for the drydocking of the vessel the Munnatawket at a cost of $71~250.00. JUSTICE EVANS: They have already done, do you know, is that something they have already advertised for? And retroactively we passed that resolution? TOWN ATTORNEY FINNEGAN: I don't know. November 4, 2004 12 Regular Town Board Meeting SUPERVISOR HORTON: No, that has got to be for new work. This is something that, this is work that has been done in the past, I think that there is more work to be done on the vessel. TOWN ATTORNEY FINNEGAN: It looks like they, the Fishers Island Ferry Board, approved on October 20th to advertise and then on November 3rd. So they must have advertised on their own. SUPERVISOR HORTON: Okay. Could we send a clear message, perhaps from your office Pat or maybe the Town Comptroller could communicate this to the Fishers Island Ferry District because I am starting to get the feeling that communication, it is not at all reflection on you because I think you work as hard as anybody else does to communicate but Fishers Island .... JUSTICE EVANS: But I think this is the way that they have done it in the past. SUPERVISOR HORTON: The Fishers Island Ferry District, I think we need to ask them to work harder to communicate with us in advance and I think along with that perhaps we could ask for an update in regard to some suggestions that I made to them regarding a pending Coast Guard investigation, that might help to open up the lines of communication and provide some assurances for the future. TOWN ATTORNEY FINNEGAN: Okay, I will do that. SUPERVISOR HORTON: Thank you very much. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O4 Moved by Councilman Wickham, seconded by Councilman Ross, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 4th day of November, 2004, a Local Law entitled, "A Local Law Amending Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption", now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m., November 30, 2004, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on this Local Law, which reads as follows: LOCAL LAW NO. - 2004 A Local Law Amending Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD as follows: Section 1. Legislative Intent. The Section 466-c of the New York Real Property Tax Law, has recently been amended to authorize localities such as the Town of Southold to broaden the partial real property tax exemption for eligible volunteer firefighters and ambulance workers to the extent often percent of the assessed value to support the recruitment and retention of these volunteers. The purpose of this law is to conform the Town law to the newly enacted State law, thereby allowing the maximum benefit permitted to volunteer firefighters and ambulance workers. Section 2. Amendment. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-10. Exemption granted; volunteer firefighter and volunteer ambulance workers. A. Qualifying residential real property, under § 466-c of the New York State Real Property Tax Law owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or such enrolled member and spouse residing in Suffolk County, shall be exempt from taxation to the extent of 10% of the assessed value of such property for November 4, 2004 13 Regular Town Board Meeting city, village, town, part town, special district, county or school district purposes, exclusive of special B. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service residing in such county unless: (1) the applicant resides in the city, town or village which is served by such incorporated fire company or fire department or incorporated voluntary ambulance service (2) the property is the primary residence of the applicant (3) the property is used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section (4) the applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company or fire department for at least five years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years. It shall be the duty and responsibility of the municipality to determine the procedure for certification. C Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated voluntary fire company or fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life, as long as his or her primary residence is located with the Town of Southold. D. Application for such exemption shall be filed with the assessor or other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board. E. Incorporated volunteer fire companies, fire departments and incorporated volunteer ambulance services shall file lists of its enrolled members eligible for the exemption provided by this section with the assessor or other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board. F. No applicant who is a volunteer firefighter or volunteer ambulance worker who, by reason of such status is receiving any benefit under the provisions of this article on the effective date of the section, shall suffer any diminution of such benefit because of the provisions of this section. Section 3. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 4. Effective Date. This law shall take effect immediately upon filing in the Office of the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2005. November 4, 2004 14 Regular Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. Abstain: Justice Evans. This resolution was duly ADOPTED. #805 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges against an employee and suspending that employee without pay pursuant to the Civil Service Law; Now, Therefore Be It RESOLVED, that the Town Board hereby agrees to hire Mary C. Wilson, Esq. as hearing officer in the disciplinary charges brought against a Town employee; and Further, Be It RESOLVED, that the Town Board hereby suspends the employee without pay for not more than thirty days pending the determination of the charges effective the day after the charges are served upon the employee; and RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard Zuckerman, Esq. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. No: Councilman Romanelli. This resolution was duly ADOPTED. SUPERVISOR HORTON: That brings us to the conclusion of our resolutions and we can, actually, what is the exact, proper procedure? Well, we will recess into the public hearing that we opened at 4:00 P.M. Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board meeting be recessed in order to reconvene the Public Hearing on the Preliminary Budget 2005 at 7:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: The hearing is closed and the meeting is adjourned. Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 9:01 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk