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HomeMy WebLinkAboutTB-09/21/2004SOUTHOLD TOWN BOARD REGULAR MEETING September 21, 2004 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, September 21, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan SUPERVISOR HORTON: Good afternoon and welcome to the September 21, 4:30 P.M. public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. Over several points of this meeting, we afford the floor to the public to address the Town Board. First being prior to the voting on any of the resolutions that are on the agenda here this evening. We give the public the opportunity to address us on those items, as well, post voting on resolutions, the public is welcome to address the Town Board on any town related matters. In addition, I believe we have three public hearings this evening, and again the public will be welcome to address the Board at that time over the course of those specific public hearings. We have reports, public notices and communications available for the public to review at the Town Clerk's Office, Monday through Friday, 8:00 A.M. to 4:00 P.M. and I just ask that when you do address the Board, you do so from one of the two microphones located at the front of the room, state your name and place of residence clearly into the microphone so we can incorporate that into our public record. With that being said, we will move forward with our approvals. September 21, 2004 2 Southold Town Board Meeting Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $232,640.65; General Fund Part Town bills in the amount of $7,606.51; Risk Retention Fund bills in the amount of $1,311.62; Highway Fund Whole Town bills in the amount of $2,250.90; Highway Fund Part Town bills in the amount of $18,668.08; Capital Projects Account bills in the amount of $392,861.66; Community Preservation Fund (2% tax) bills in the amount of $892.48; New London Terminal Project bills in the amount of $480,344.78; Fishers Island Ferry District bills in the amount of $42,047.99; Refuse & Garbage District bills in the amount of $137,183.71; Southold Wastewater District bills in the amount of $18,569.06; Fishers Island Sewer District bills in the amount of $694.24; Southold Agency & Trust bills in the amount of $5,972.75 and Fishers Island Ferry District Agency & Trust bills in the amount of $537.12. 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 Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Minutes of the August 10, 2004 Regular Southold Town Board meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Minutes of the August 12, 2004 Regular Southold Town Board meeting on Fishers Island 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 Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Minutes of the September 7, 2004 Regular Southold Town Board meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, October 5, 2004 at 7:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: For the Board's thoughts, we did not discuss setting a special work session on September 30 for me to deliver the Supervisor's budget, so I would like to ask the Board to schedule a special work session. September 21, 2004 3 Southold Town Board Meeting COUNCILMAN WICKHAM: Do we have a time? SUPERVISOR HORTON: Why don't we make it 10:00 A.M., September 30? Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Southold Town Board will hold a Work Session on Thursday, September 30, 2004 at 10:00 A.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Southold Town Justice Court, Bruer August 2004 2. Juvenile Aid Bureau August 2004 3. Southold Town Justice Court, Price August 2004 4. Southold Town Justice Court, Evans August 2004 5. Southold Town Program for the Disabled August events 6. Southold Town Program for the Disabled September December 7. Board of Town Trustees August 2004 8. Town Clerk's Monthly Report August 2004 9. Island Group Claim Lag Report 9/1/03 8/31/04 II. PUBLIC NOTICES 1. NYS Department of Environmental Conservation Notice of Complete Application of H. Lloyd Kanev for tidal wetlands permit to subdivide existing 25.4 acre parcel in to one 2.9 acre parcel with single family dwelling and one unimproved 22.5 acre parcel on Rosenburg Road, East Marion, Town of Southold. 2. Department of the Army, NY District, Corps of Engineers Notice of request of D. Claeys Bahrenburg for authorization to install a pier assembly in Orient Harbor, Gardiners Bay, Town of Southold. Comments by October 6, 2004. III. COMMUNICATIONS None SUPERVISOR HORTON: That concludes that portion of our agenda. At this point, I open the floor to the public to address the Board on specific resolutions. Yes, Mr. Carlin. Welcome back. FRANK CARLIN: Frank Carlin, Laurel. Good evening, ladies and gentlemen of the Board. I have to apologize why I wasn't here for a couple of months. I was recuperating from a case of pneumonia. So, I had a chance to recharge my batteries. COUNCILMAN ROMANELLI: Well, you are looking good. MR. CARLIN: And now I am here. And all ofyous'e are looking good. SUPERVISOR HORTON: I am glad you have your health and your strength, Mr. Carlin. September 21, 2004 4 Southold Town Board Meeting MR. CARLIN: Thank you. Okay. Resolution #711, I just have a few questions I want to ask, Josh. SUPERVISOR HORTON: Okay. MR. CARLIN: The animal shelter, you are all set to go out to an architect, right? SUPERVISOR HORTON: That is correct. We are set to take in proposals from an architect, yes. MR. CARLIN: Have you, how many outside runs have you finally decided on? I know there was a problem there between six or four. How many did you decide on, on the plan? COUNCILMAN EDWARDS: I believe there are four concrete outside runs and is it six grass outside runs, Tom, do you remember? COUNCILMAN WICKHAM: Yes. MR. CARLIN: No. I am talking about the runs with the chain link fence, enclosed, with the concrete floor. COUNCILMAN EDWARDS: Oh, you mean the kennels? MR. CARLIN: Kennels. COUNCILMAN WICKHAM: Twenty-four. But we have several different plans and we are giving this to the architect for him to review and to come back to the Town with a final plan for us. COUNCILMAN EDWARDS: And those do not include the incoming and isolation kennels, which add to the number. MR. CARLIN: Do you have any number of specific sizes of these kennels? What they are going to be? These are going to be kennels that run outside, too? Right? COUNCILMAN EDWARDS: Right. The kennels are 4 foot by 12 foot. MR. CARLIN: Right, right. Absolutely. You checking with my information that I gave to the Board in 2001when I studied animal shelters. I drew two books out from the library and I learned quite a bit about animal shelters. In fact, I gave a copy to the Town Board in 2001, I got it right here. Right here. Now you are cooking with gas because you are right up with me here. Okay, now, they are going to have how many of those? Twenty? SUPERVISOR HORTON: I am sorry? MR. CARLIN: How many of those are you going to have? COUNCILMAN EDWARDS: Twenty-four. September 21, 2004 5 Southold Town Board Meeting MR. CARLIN: Twenty-four. And they are going to be four by twelve's? COUNCILMAN EDWARDS: That is correct. However, they can be divided when more kennels are needed by use of a guillotine or dividing them into four by six. MR. CARLIN: Now, do you have, I don't want to get too technical here, do you have how the thick the concrete floor will be? COUNCILMAN EDWARDS: I do not know. MR. CARLIN: Well, that should be about 5 1/2 inches. COUNCILMAN EDWARDS: That will be part of the architect's responsibility. MR. CARLIN: That is what the book said. But anyway .... COUNCILMAN EDWARDS: And there will be radiant heating in the concrete floor. MR. CARLIN: Will there be a special, how high will the chain link fence be? Six foot? COUNCILMAN EDWARDS: I don't know. That will be for the architect's responsibility. MR. CARLIN: Will there be a specified size of that chain link fence? The links no more than an inch? Cause there is a reason for that. Because the dogs can't get their paws in there and get caught. That is the reason for that. COUNCILMAN EDWARDS: That will be... SUPERVISOR HORTON: We definitely will make sure that we use appropriate material. The specs for that. MR. CARLIN: Okay. I don't want to go too far with this. Will the chain link fence be an inch off the ground for water drainage? Off the concrete floors? Should be an inch off the concrete floor. SUPERVISOR HORTON: All those specs will be part of this. MR. CARLIN: Will the concrete floor tilt towards the front an inch per foot? SUPERVISOR HORTON: Yep. MR. CARLIN: You are right on with me, then. You are right on. Okay. The problem is now, that to get this out to an architect and get the thing rolling, right? SUPERVISOR HORTON: Yes. September 21, 2004 6 Southold Town Board Meeting MR. CARLIN: How long is this gonna take? I hope it is not gonna take several months. Will it take several months? COUNCILMAN WICKHAM: Several weeks. MR. CARLIN: Several weeks, rather. That is what I want to hear, several weeks. Then from there you are going to go out to a contractor? COUNCILMAN EDWARDS: Well, first the architect. MR. CARLIN: Architect will draw up the plans. COUNCILMAN EDWARDS: And an engineering firm. MR. CARLIN: Yeah, that is right. Then they will go out, and how long do you think all this is going to take before you can put a shovel to the ground? And let's be honest with ourselves here. You are not going to make it through the winter, so the animals are going to have to put up with another winter. Will it be in the spring? SUPERVISOR HORTON: I would say yes, in the spring. MR. CARLIN: You can actually say in the spring? It is a shame that they had to go through another year like this. SUPERVISOR HORTON: Well we are just making sure that we do the job right. MR. CArLIN: Because it isn't the people that had to suffer on this drawn out project. It is the animals that are paying the price for this. SUPERVISOR HORTON: Right. MR. CARLIN: As far as being taken care of in a decent place to live. So that is why I am very interested in seeing how this is going. So, and okay. That is about all that I have to say. I was going to question something else on that, oh, while I am here, might as well. Oh, okay. #713. You are going to hire an architect to look into building a new Town Hall, is that what it is? SUPERVISOR HORTON: That is correct. MR. CARLIN: You know, I mentioned to the Town Board some years back and I think John was still on the Board and I mentioned when he was looking for space and I said, why don't you look at the North Fork Bank over here, it would be ideal. SUPERVISOR HORTON: You are right. September 21, 2004 7 Southold Town Board Meeting MR. CARLIN: And it was put on the side and excuses made that, well, we can't use it because they use it for storage and whatever but then John came along and he finally negotiated and he got some space over there which is a good deal. Why can't you go all the way and take the whole bank over? SUPERVISOR HORTON: I will speak to that directly. I have .... MR. CARLIN: Boy, that would be ideal, it is convenient. You have got parking space there, you have got air-conditioning, you got elevators for the senior citizens, it would be terrific. SUPERVISOR HORTON: Right, however, however....two items with that. A. I was, John Romanelli and I worked very closely on the lease agreement with John Kanas and since that time the building that we are currently occupying space in, is not for sale. I have sat with Mr. Kanas and members of his executive offices and the building is simply not for sale. MR. CARLIN: Too bad. SUPERVISOR HORTON: The other building on Youngs Avenue, that was previously owned by North Fork Bank is now owned by a private individual. I have also sat and spoken with him. As well, John Romanelli has made contact, but I have sat on several occasions and made several phone calls and that building, as well, is not for sale. But you were right, those are two already, you know, nicely laid out, well-constructed buildings but they are simply not for sale and it is unfortunate. It is very unfortunate for us. MR. CARLIN: Too bad. There is one thing on this #714, you know, land preservation and TDR's and all this is fine but who determines the price you pay per acre on these things? I mean .... SUPERVISOR HORTON: Appraisals. MR. CARLIN: Let me ask you a question, Josh. I don't want to get too technical into this thing because I, does the sellers ever get to see the original appraisal of this property? SUPERVISOR HORTON: We, the Town conducts its appraisals and then we negotiate directly with the landowner. MR. CARLIN: That isn't my question. SUPERVISOR HORTON: Do we share those appraisals? No, we don't. MR. CARLIN: That the buyers who are selling the property ever get to see .... SUPERVISOR HORTON: We don't share our appraisals in the negotiation process. MR. CARLIN: You don't show your appraisals to the buyer? SUPERVISOR HORTON: No. September 21, 2004 8 Southold Town Board Meeting MR. CARLIN: Hmm. I want to say one thing while I am on this. Got to get it off my chest. You know, when you are selling properly on TDR's a lot of things are involved in it. A lot of technicalities. And I hope that they are followed through. The people who are selling this properly. And I will give an example. Is there an attorney that they have who specializes in TDR's? Do they have one when they do this deal? SUPERVISOR HORTON: It is a voluntary program and if a landowner wants to sell their development rights to the Town, generally speaking, I don't know of a case where they haven't been represented by their own counsel. MR. CARLIN: I am not saying that. SUPERVISOR HORTON: And we have attorneys that specialize in the field. MR. CARLIN: Do they specialize in TDR's? SUPERVISOR HORTON: It is not TDR's, it is PDR's-Purchase of Development Rights- but yes, their attorneys are, I would have to say that every attorney that has come to the negotiating table has been well versed in the ..... MR. CARLIN: Do they consult a tax accountant? SUPERVISOR HORTON: You would have to .... MR. CARLIN: I mean, these are all things, I hope they are doing this. SUPERVISOR HORTON: I hope so, too. Because those are all very personal, estate planning issues. MR. CARLIN: Do they get involved with the NFEC on the environmental pack study? This is the thing that are involved when you are selling this properly. Or the Land Trust people? Do they get involved with all these people? SUPERVISOR HORTON: Oftentimes, yes. MR. CARLIN: These are the things that I am saying I hope they are doing because this is quite technical, there are a lot of technicalities in selling a piece of land. My last question here is, we start out with what, $10,000; $20,000; $30,000 now it is up to $40,000 an acre. When is it going to stop? SUPERVISOR HORTON: That is a question nobody can answer. MR. CARLIN: You know, one more thing. My father-in-law years back, Judge Bakoski had a farm over here in Peconic and he had 26 acres and it would have been ideal for this program but he decided to sell the farm and everything with it. At that time, and this is going back to the beginning of the 80's, he got $2,000 an acre and that is the farm where the winery is now in Peconic, on the other side of Peconic Liquor store, because he lived there, my wife lived there, too. But it goes to show you how far it came, from $2,000 to $40,000. Okay, thank you. September 21, 2004 9 Southold Town Board Meeting SUPERVISOR HORTON: Thank you very much, Mr. Carlin. And again, I am glad that you are back with us and in good health. Would anybody else care to address the Board on specific resolutions? Mrs. Egan. JOAN EGAN: Yes. Good evening, folks. Good evening Mr. Horton; Mr. Romanelli, don't bite your nails tonight; Mr. Edwards, Mr. Ross, Mrs. Evans, Mrs. Neville and Mrs. Finnegan. Did you all have a good time this weekend in the rain and all of that? I terribly, terribly missed the parade. I think all of us did. Better luck next year. Now, to start with, on the first page. Who reviewed all of these things from the courts? The Juvenile Aid Bureau; Judge Bruer's; Judge Price's? Did anybody read them? SUPERVISOR HORTON: I have gone through them. I don't have them in front of me but I have reviewed them. MS. EGAN: Who else looked them over? SUPERVISOR HORTON: They are distributed to every Town Board member, so each Town Board member does that. MS. EGAN: It gets worse every month, doesn't it? COUNCILMAN ROMANELLI: It doesn't get better. MS. EGAN: Yup. Nope. It is getting worse and worse and worse and it is horrible. It is frightening. Truly it is frightening. I don't know how long you are here, Mr. Romanelli, but I know that I am here a few years longer...yup, in many regards. From heaven to earth. You know the doors are closed, everybody has to lock everything up. Okay, #676. What is that all about Mr. Horton? SUPERVISOR HORTON: We are again applying for a grant under the New York State Agricultural Markets program that we have competitively been awarded funding for in the past and we hope to be awarded funding for again by the State Farmland Protection. MS. EGAN: Good. And Emily Volinski, where is she from? SUPERVISOR HORTON: Where exactly is Ms. Volinski from? MS. EGAN: And how old is she? SUPERVISOR HORTON: She is, well, she is from Southold Town, I am just trying to .... MS. EGAN: The Township of Southold or the Town SUPERVISOR HORTON: Yes. The Township of Southold. All of our student interns are. MS. EGAN: What town? SUPERVISOR HORTON: I believe she is a Southold resident. September 21, 2004 10 Southold Town Board Meeting MS. EGAN: We very rarely have somebody from Mattituck, Greenport. SUPERVISOR HORTON: That is very much not true, actually. MS. EGAN: Well .... SUPERVISOR HORTON: No, we have had several .... MS. EGAN: No, it is more Southold. Okay .... SUPERVISOR HORTON: Very evenly distributed. MS. EGAN: Now, these surveys, 679, I think there are a couple of them. The Suffolk County Public Works Commissioner and the Department of Transportation you know, for these speed surveys. I mean, we hear about these surveys, we know they need the lights, to the best of my knowledge I think at the last Town Hall meeting I spoke in regard that I had spoken to Superintendent Harris about the light at Mattituck there and he was totally in the dark about it. I haven't had the time to stay on top of it, to see that he did get the DOT to start moving because that is a terrible. We are going to need lights, many, many lights. SUPERVISOR HORTON: And we have been working closely with both the County and the State, with all due respect to both of those entities, getting them to move is akin to moving large boulders up hill single-handedly. MS. EGAN: Now, 681, what happened to one of our police vehicles? SUPERVISOR HORTON: I am sorry, I didn't catch your question? MS. EGAn: 681, we have 'budget to appropriate unexpected revenue'? SUPERVISOR HORTON: That is a cracked windshield. MS. EGAN: Was that done in an accident or did somebody, was it malicious mischief? SUPERVISOR HORTON: No, actually I believe it was related to, the windshield cracked just on the road, I believe perhaps a rock kicked up from another vehicle. MS. EGAN: I know. Now, 682, this is, your again, the labor relations with the employees, the clerks up here and the... SUPERVISOR HORTON: It is our labor counsel, yes. MS. EGAN: Yeah, good. Well hopefully, I will be in on that. Now, 683, is this part of the... September 21, 2004 11 Southold Town Board Meeting SUPERVISOR HORTON: This is an annual allotment of Community Development monies that we receive from the Federal government through the County and annually we contribute $5,000 to the North Fork Housing Alliance for administrative costs. MS. EGAN: And were does that, how is that money dispersed? SUPERVISOR HORTON: That is dispersed from the Federal government through the County to the Town and then we distribute it to that agency. MS. EGAN: And how do they, who controls how they spend it? SUPERVISOR HORTON: Their Board of Directors. They are a non-profit organization. MS. EGAN: Good. Okay, now what is this 685, the Robert Perry Child Day Care Center and where is it located and how is it funded? SUPERVISOR HORTON: It is located in Greenport on Third Street, on the property of the Clinton Memorial AME Zion Church and the Robert Perry Child Day Care Center is just that, it is an excellent day care center and actually we hope to see it grow in the near future, as there is a tremendous need. MS. EGAN: Well, I would like to see the mother's .... SUPERVISOR HORTON: They do an excellent job. MS. EGAN: I would like to see the mother's stay home with their children. SUPERVISOR HORTON: As a married man who has a wife that has to work, I would say it is not possible in this day and time. MS. EGAN: I know. Well, very interesting, my niece who will be celebrating her 25th wedding anniversary, she was with IBM and instituted a program there, where they set up a whole place for mother's or father's who wanted to bring their children there. They brought the kids in the morning and they could see and check their children off and on all day. It was, I don't agree with this but, this was the better of the two evils rather than putting them in... SUPERVISOR HORTON: Are there other resolutions you would like to discuss? MS. EGAN: Oh, of course. SUPERVISOR HORTON: Because there are other people who would like to address the Board as well. MS. EGAn: Every time you interrupt me it takes longer. Now, what is this 686? SUPERVISOR HORTON: Mrs. Egan, I am not going to go through these resolutions one by one with you. September 21, 2004 12 Southold Town Board Meeting MS. EGAN: No, no, no, no. You have to. That is what, that is what you have to do it. 689, who is, accept the resignation of Christopher Talbot, Building Inspector. SUPERVISOR HORTON: The Town Board is doing that, tonight, if we get to it. MS. EGAN: How long had he been with us? SUPERVISOR HORTON: Six weeks. MS. EGAN: And he didn't like it ..... SUPERVISOR HORTON: He returned .... MS. EGAN: .... or it was a trial period and it didn't work out. SUPERVISOR HORTON: Excuse me, don't cast aspersions. He returned to the Village of Southampton, where he is currently employed and he is going to assume a position of greater responsibility. So it was a personal and professional choice. MS. EGAN: Has he been replaced? SUPERVISOR HORTON: We have called for the County list that we are required to hire from. MS. EGAN: I see. Good. Now, this letter of credit, that is going through pretty successfully? SUPERVISOR HORTON: Yes. MS. EGAN: Good. Now, why do the Verity's need a trailer? Are they building a house? #691. SUPERVISOR HORTON: Yeah, this is a trailer that has been in existence for a very long time, in fact since 1963 or perhaps before. So we are going to renew that. MS. EGAN: So it is a done deed? SUPERVISOR HORTON: We are not in the business of driving people out of their homes. MS. EGAN: Now, we have just hired, #692, Michael Doroski, now, he is leaving. SUPERVISOR HORTON: We didn't just hire Mr. Doroski. MS. EGAN: Well, fairly recently. SUPERVISOR HORTON: Actually, he spent a good amount of time with us and now he is attending the Air Force, I believe he is attending the Air Force Academy? Yeah, he is going to college on an Air Force ROTC scholarship, so we wish him well and we congratulate him on his success. September 21, 2004 13 Southold Town Board Meeting MS. EGAN: Wonderful. And we hire the best, then. SUPERVISOR HORTON: Always do. MS. EGAN: Okay, now why is Lori Stoner, from, 693, Mini Van Driver....is that for the Town of Southold bus driver or is this for the Human Resource Center? SUPERVISOR HORTON: Human Resource Center is Southold Town. MS. EGAN: Ah hah. There we go again, more changeover. SUPERVISOR HORTON: Yes. MS. EGAN: A number of items here for the Human Resource Center, which I keep telling you I don't think it is being mn properly. SUPERVISOR HORTON: Right. MS. EGAN: Okay. Now, the settlement, #696, has their been a figure regarding the settlement or is that private? Are we allowed to know? SUPERVISOR HORTON: That is confidential. MS. EGAN: That is confidential? Good. Now, #697 again, nutrition, you have different captions for the same thing. SUPERVISOR HORTON: There are different names for different programs. MS. EGAN: Well, I know. It has to be in the books under something but she is doing a terrible job. SUPERVISOR HORTON: She is doing a great job up there. MS. EGAN: No, she is not. SUPERVISOR HORTON: Are there other resolutions? MS. EGAN: No, she is not. Uh uh, uh uh. Now, #700, ah, you are in trouble, huh? Supervisor Harris got into trouble? SUPERVISOR HORTON: No, it is an insurance claim. MS. EGAN: What is that all about? #700. SUPERVISOR HORTON: It is an insurance claim, an insurance matter. MS. EGAN: Yeah. September 21, 2004 14 Southold Town Board Meeting SUPERVISOR HORTON: Under our insurance program .... MS. EGAN: And when you have to pay out insurance, your premiums go up. So we had better be careful. SUPERVISOR HORTON: You are right. MS. EGAN: #703, now, again, I say there she keeps getting funds and funds. I hope somebody is checking to be sure that she is not pushing the computers on those older people nor using the microwaves which is causing....ah, Mr. Romanelli, not funny. SUPERVISOR HORTON: Mrs. Egan, are there other resolutions? We are getting toward the end here. MS. EGAN: I think it is a windup. But I will be talking afterwards. Thank you. SUPERVISOR HORTON: Thank you. Would anybody care to address the Board on specific resolutions? They have all been pretty much addressed. (No response) We will move forward with our resolutions and then we will move into our public hearings. #676 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance for Agricultural and Farmland Protection Projects. The cost-share ratio of the program is 75 percent State and 25 percent Town. JUSTICE EVANS: I am not sure whether I am against this or for this because I really haven't had time to digest this. SUPERVISOR HORTON: Would you like to abstain? JUSTICE EVANS: I don't think that I can legally abstain. So, I am voting no but with time to go over it, I may have voted yes. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. Abstain: Justice Evans. This resolution was duly ADOPTED. #677 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Emily Volinski as a part-th-ne Student Intern in the Town Clerk's office~ effective September 22, 2004, at a salary of $9.54 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #678 Moved by Councilman Ross, seconded by Councilman Wickham, September 21, 2004 15 Southold Town Board Meeting WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on certain parcels of property of agricultural lands owned by Ann Marie Krupski/Peconic Land Trust (contract vendee), pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said properties are identified as SCTM #1000-95-4-p/o 9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly corner of the intersection of Oregon Road and Depot Lane approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. JUSTICE EVANS: Before I read the next one, with the discussion with the Supervisor, I don't know ifI can change my vote on #676 to an abstention but that really is more the tenor of what I meant. SUPERVISOR HORTON: Understood. Thank you very much, Justice Evans. #679 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby requests the Commissioner of Suffolk County Department of Public Works to request the New York State Department of Transportation to conduct a speed survey on Pacific Street~ Mattituck, for the purpose of reducing the speed limit to 30 mph due to the number of children and senior citizens in the area. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #68O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby requests the Commissioner of Suffolk County Department of Public Works to request the New York State Department of Transportation to conduct a speed survey on Gabriella Court~ Tabor Road and Rachael's Road, September 21, 2004 16 Southold Town Board Meeting Mattituck, for the purpose of reducing the speed limit to 30 mph due to the number of children in the area. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #681 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund ~Vhole Town Budget as follows: To: Revenues: A.2705.40 To: Appropriations: A.3120.4.400.650 Gifts & Donations Other Donations Police, C.E. Vehicle Maint & Repairs Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $264.44 $264.44 Councilman Ross, Councilman Wickham, #682 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a retainer agreement with Lamb & Barnosky for professional services on all labor relations and employment matters for the years 2004-2007 at the following rates, in accordance with the Town Attorney's approval: January 21, 2004 through January 20, 2005-- $25,000 per year January 21, 2005 through January 20, 2006-- $26,000 per year January 21, 2006 through January 20, 2007-- $27,000 per year Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #683 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign Agreement between the Town of Southold and the North Fork Housing Alliance, in the amount of $5,000, as part of the 2004 Community Development Block Grant Program, 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. September 21, 2004 17 Southold Town Board Meeting #684 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign Agreement between the Town of Southold and the Dominican Sisters Family Health Services~ Inc., in the amount of $5,000, as part of the 2004 Community Development Block Grant Program, 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. #685 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign Agreement between the Town of Southold and the Robert Perry Child Day Care Center, as part of the 2004 Community Development Block Grant Program, in the amount of $7,500, 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. #686 Moved by Councilman Romanelli, seconded by Councilman Ross, WHEREAS the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2001 Program Budget and the Community Development Block Grant 2004 Program Budget, as follows to wit: Current New Project Budget Increase Decrease Budget Rental Rehabilitation Program 2001 $20,000 -0- $20,000 -0- Home Improvement Program 2004 $44,300 $20,000 -0- $64,300 Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M. Tuesdav~ October 5~ 2004~ Southold Town Hall~ 53095 Main Road~ Southold~ New York 11971~ as the th-ne and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #687 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the partial closure of Case's Lane~ Cutchogne~ on Saturday~ October 2~ 2004~ between the hours of 9:00 a.m. and 5:00 p.n~ as a safety precaution during the "Annual Harvest Fair of the East End Lioness Lions Club" held on the Cutchogue Village Green, Cutchogue, New York, provided they file with the Town September 21, 2004 18 Southold Town Board Meeting Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Capt. Flatley within ten (10) days to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #688 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Mattituck Lions Club to use the following roads on Saturda¥~ October 30~ 2004 at approximately 6:00 P.M. for its annual Halloween Parade: Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Capt. Flatley within ten (10) days to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #689 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Christopher Talbot~ Building Inspector~ effective September 17~ 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #69O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Letter of Credit No. 040263~ in the amount of $143~250.00 issued by the Suffolk Count~ National Bank, as a performance bond for roads and improvements in the subdivision known as Major Subdivision of Zoumas Contracting Co., located at N/S Bayview Road, Southold, N.Y., 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. #691 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to David and Barbara Verity for a single trailer to be used as a one family dwelling which is located at 390 Hill Street, Mattituck, New York SCTM#1000-140.-2-38. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. September 21, 2004 19 Southold Town Board Meeting #692 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Doroski from his position as Student Intern I in the Town Clerk's Office~ effective immediately. SUPERVISOR HORTON: Mr. Doroski achieved a tremendous amount as a young man through Southold High School. He did a wonderful job working with us here at the Town and I am sure that he is going to carry on to do great things in his career, whatever path he may choose. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #693 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lori Stoner from her position as a part th-ne Mini Van Driver for the Human Resource Center, effective immediately. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #694 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Agreement with the Suffolk County Office of the Aging for conununit¥ services for the Elderly Residential Repair Program, IFMS No. SCS EXE 0000000 No. 001-6777-4980-95285 from April 2004 through March 2005, 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. #695 Moved by Councilman Wickham, seconded by Councilman Ross, WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Paul and Maureen Grippa, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-122-1-2.2. The address is 1100 County Road 48 and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $30,000 (thirty thousand dollars) per buildable acre; now, therefore, be it September 21, 2004 20 Southold Town Board Meeting RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #696 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated September 16, 2004 regarding a Town employee, which agreement shall be signed by 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. #697 Moved by Councilman Edwards, 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 an Agreement with the Suffolk County Office of the Aging for the Supplemental Nutrition Assistance Program (SNAP), IFMS No. SCS EXE 0000000 No. 001-6774-4980-95284 from April 2004 through March 2005, 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. #698 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Islet, Esq. as special counsel in the matter of Schultheis V. Tuthill and the Southold Town Board of Trustees. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #699 Moved by Justice Evans, seconded by Councilman Wickham, September 21, 2004 21 Southold Town Board Meeting WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of September 2004 a Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code "now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 19th day of October 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Cluster Development in the Southold Town Code "reads as follows: LOCAL LAW NO. 2004 A Local Law entitled "A Local Law in relation to Cluster Development in the Southold Town Code" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose. Local Law number 18 of 2004 relating to a new Chapter Al06 Subdivision of Land in the Southold Town Code provides new procedures and regulations for Cluster Development. Sections 100-180 and 181 are being deleted in their entirety, and Cluster Development is now addressed at Sections A106-47 through 49. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: September 21, 2004 22 Southold Town Board Meeting September 21, 2004 23 Southold Town Board Meeting September 21, 2004 24 Southold Town Board Meeting A~,;~I~ [AAA~A ~ !~ IOQO~T T ~T~ ~ IOQOI iii. Severabffity. 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 validi~ of this law as a whole or any part thereof other than the part so decided to be unconsti~tional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secreta~ of State as provided by law. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supe~isor Horton. September 21, 2004 Southold Town Board Meeting This resolution was duly ADOPTED. 25 #7OO Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby retains Thomas G. Nolan~ Esq. as special counsel in the matter of Merchants Insurance Group a/s/o Wffiiam L. DePetris V. Tabor~ Southold Town Highway Department and the Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O 1 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to hold their 4T}~ Annual Fall Carnival, at Strawberry Fields, Route 48, Mattituck on Saturday, October 2, 2004 and Sunday, October 3, 2004 provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Capt. Flatley must be contacted within ten (10) days of this resolution to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O2 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with Charles E. Fraser & Company~ Inc. to review monthly telecommunications charges to determine appropriateness of billing, subject to the approval of the Town Attorney. SUPERVISOR HORTON: For those of you who were present at the Town Board meeting, two Town Board meetings ago, this is a gentleman that approached the Board in the middle of voting on some of our resolutions and offered his services to see if we could find savings in our telecommunications billing. And we appreciate his offer and we have taken him up on that. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O3 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town 2004 budget as follows: To: Revenues A.2705.50 To Appropriations: Gifts and Donations Adult Day Care Donations $ 500.00 September 21, 2004 26 Southold Town Board Meeting A.6772.4.100.120 Programs for the Aging Contractual Expense Adult Day Care Supplies Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 500.00 Councilman Ross, Councilman Wickham, #7O4 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the Southold Town Code" is classified as a Type II Action pursuant to SEQRA Rules and Regulations~ 6 NYCRR Section 617.5~ and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O5 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 Fund ~Vhole Town Budget as follows: TO: A. 1680.2.400.520 Central Data Processing Equipment Computer Hardware/software Personal Computer Equipment $3848.00 FROM: A.1410.2.300.100 Town Clerk Equipment Other Capital Outlay Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $3848.00 Councilman Ross, Councilman Wickham, #7O6 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a change order in the contract of General Code Publishers Corp. for the Laserfiche Upgrade to Version 6.2and the addition of a Email Ping-in in the amount of $3,848.00 and authorizes and directs Supervisor Joshua Y. Horton to execute the necessary documents, all in accordance with the approval of the Town Attorney. COUNCILMAN ROMANELLI: Since I had the opportunity to read this resolution, I need to give a plug, this Laserfiche is a scanning application that Betty Neville brought to our Town a couple of years back and I want to say it is probably the best computer upgrade that we have made in the last five years. So I am glad that we are doing more upgrades on it. September 21, 2004 27 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #7O7 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town Budget as follows: TO: A.1010.4.100.125 Town Board Town Board, C. E. Supplies & Materials Code Updates & Law Books $5000.00 FROM: A.1010.4.400.300 Town Board Town Board, C. E. Contracted Services Printing Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $5000.00 Councilman Ross, Councilman Wickham, #7O8 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Diane H. Nicholson~ Robert Mehan~ and Eric Bressler to the Southold Town Parks~ Beaches & Recreation Committee, effective immediately, to serve without compensation, term to expire December 31, 2004. COUNCILMAN ROSS: These individuals have indicated a willingness and a desire to serve on the Committee with some specific ideas in mind and we want to get them aboard at this point. So, we are looking forward to working with them SUPERVISOR HORTON: Great additions. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O9 Moved by Supervisor Horton, seconded by Councilman Wickham, WHEREAS, Vehicle and Traffic Law, § 1803 governs the disposition of fines and penalties collected in connection with convictions pursuant to the Vehicle and Traffic Law; and WHEREAS, Chapter 56 of the Laws of 2004, effective August 20, 2004, changed the distribution of the fines taking them away from municipalities and placing them in the State Treasury; and WHEREAS, this change in the fine and penalties distribution formula will result in a loss to local taxpayers of more than $20 million in fine monies --monies which have historically been used to fund justice court operations; and WHEREAS, the Town of Southold will likely lose $25,000 in anticipated fine revenues; and September 21, 2004 28 Southold Town Board Meeting WHEREAS, this State Budget provision with its immediate effective date will result in significant 2004 deficits and will negatively impact town properly tax rates for 2005; NOW, THEREFORE BE IT RESOLVED, that the Town of Southold calls for the restoration of the original fine distribution formula in order to provide towns with necessary revenues to fund justice court operations; AND BE IT FURTHER RESOLVED, that the Town of Southold urges the passage of legislation introduced by Senator Ronacic (S.7757) and Assemblyman Cahill which amends the Vehicle and Traffic Law to restore this source of revenue to local govermnents; AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Governor George E. Pataki; Joseph L. Bruno, Majority Leader of the Senate; Sheldon Silver, Speaker of the Assembly; Senator Elizabeth Little, Chair of the Local Government Committee; Assemblyman Robert Sweeney, Chair of the Local Government Committee; Senator Owen Johnson, Chair of the Finance Committee; Assemblyman Herman D. Farrell Jr., Chair of the Ways and Means Committee; Senator John A. DeFrancisco, Chair of Judiciary Committee; Assemblywoman Helene E. Weinstein, Chair Judiciary Committee; New York State Senator Kenneth P. LaValle and New York State Assemblywoman Patricia Acampora. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #710 Moved by Councilman Wickham, seconded by Councilman Edwards, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of September, 2004, a Local Law entitled, "A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processin~ Review of~ and making Decisions on applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows: LOCAL LAW NO. 2004 A Local Law In Relation to a Conservation Subdivision exclusion in the Moratorium on Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE The Town Board has enacted new subdivision regulations that incorporate a "Conservation Subdivision", which creates the opportunity for the landowner to reduce the potential yield of a site while protecting and preserving agricultural land and/or open space. The "Conservation Subdivision" was previously defined as an exclusion under the moratorium, and the new subdivision regulations have expanded the definition of the conservation subdivision. This law will allow any conservation September 21, 2004 29 Southold Town Board Meeting subdivision as defined in the new subdivision regulations to be excluded from the terms of the moratorium. Section 2. AMENDMENTS. A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold Section 4. EXCLUSIONS This Local Law shall not apply to: (12) New subdivision applications for a "Conservation Subdivision" pursuant to Chapter Al06 of the Southold Town Code (as amended August 24, 2004); Section 3. 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. Section 4. 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 Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #711 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to advertise the "Request for Proposals (RFP) for Architectural and En~jneering Services" for the professional services sought relating to the project management and architectural and engineering services for the proposed Town of Southold anhnal shelter. The advertisements shall mn in the official newspaper of the Town and professional publications related to the services sought by the Town. SUPERVISOR HORTON: I just want to say that I know a tremendous amount of work has gone into this, most recently and most specifically by Councilman Wickham and Councilman Edwards and I thank you both for taking us to this point and I thank you for working diligently to get input from many different voices that want to and should be a part of this conversation and I am sure that a new shelter is close on the horizon and I am confident in this step. I want to thank you both for your service. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #712 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold adopts and approves the "Town of Southold Housing Application"~ as attached hereto~ for use by individuals seeking inclusion on the Town of Southold Housing Registry, for the purpose of seeking affordable housing opportunities in the Town of Southold. September 21, 2004 30 Southold Town Board Meeting SUPERVISOR HORTON: We think that this is going to be a tremendous asset, not only to residents of this community that are in search of housing of all sorts but also to the Town Board and any other agency or organization involved in housing, as it will provide hard data and specific information about the specific needs, housing needs, of our colleagues, friends and neighbors that are in search of housing in Southold Town. Put a plug in for Philip Bellz, who is taking this Town to a new level in addressing housing issues, both senior and workforce housing for the Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #713 Moved by Councilman Ross, 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 retain the services of V. Baras Architects to perform preliminary architectural design work associated with a potential new Town Hall site in accordance with their proposal dated September 15, 2004 at a cost not to exceed $8,800.00, subject to the approval of the Town Attorney. SUPERVISOR HORTON: I will just say that something of this nature, very similar to the Animal Shelter and the work that we have to do on the transfer station but this, more importantly, as a capital project, really requires bipartisan support and work from Board members and I think that, Town Clerk Neville, you have been tremendous input and a big proponent of adequate space and a proper Town Hall for our residents and the people who work here. John, you really have worked to get this initiative off the dock, so to speak, set to sail .... COUNCILMAN ROMANELLI: When the price comes in, that is your problem. SUPERVISOR HORTON: Right. COUNCILMAN ROMANELLI: It is your idea. SUPERVISOR HORTON: That is where you really show your mettle as a bipartisan player. Thank you for the work you have put in for this thus far. 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 this Town Board meeting be and hereby is declared recessed in order to hold three (3) public hearings on the matters of (1.) HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENTS ON AGRICULTURAL LANDS OF KRUPSKI~ SCTM #1000-95-4-9 AND 1000-95-4-10; (2.) HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO SECTION 34 OF CHAPTER 97 OF THE SOUTHOLD TOWN CODE" AND (3.) HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF GRIPPA~ SCTM #1000-122-1-22.2 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, Meeting reconvenedat September 21, 2004 31 Southold Town Board Meeting #714 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on agricultural lands for certain parcels of property owned by Ann Marie Krupski/Peconic Land Trust (contract vendee), on the 21st day of September, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as SCTM #1000-95-4-p/o 9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly corner of the intersection of Oregon Road and Depot Lane approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district; and WHEREAS, the development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to active farms, and is adjacent to and in the vicinity of other farms on which either the Town or the County have purchased the development rights; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on certain properties of agricultural lands owned bv Ann Marie Krupski/Peconic Land Trust (contract vendee)~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said properties are identified as SCTM #1000- 95-4-p/o 9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly corner of the intersection of Oregon Road and Depot Lane approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement. COUNCILMAN EDWARDS: I would just like to say, Mr. Supervisor, that this is a fantastic piece of acquisition of development rights. It takes off the table for development one of the most important pieces of land on Oregon Road, which is our agricultural core, and I want to second Melissa's thanks September 21, 2004 32 Southold Town Board Meeting to Tim Caulfield and the Peconic Land Trust but also to thank Melissa, who worked very hard to make this come together. COUNCILMAN ROMANELLI: And the Krupski's. COUNCILMAN EDWARDS: And the Krupski's, of course. COUNCILMAN WICKHAM: I would just like to say, and of course I am very supportive of it, I would be very interested to see how the Trust intends to make this land available to new farmers in the community. SUPERVISOR HORTON: And while we are adding our thoughts, I want to say that the preservation of this farmland, while it does most importantly preserve land within the ag belt to secure a long-term future for the agricultural industry of the Town and it helps us to achieve our preservation goals and all of the many benefits to that, we have also and I am very honored to take part in this and that is, helping to preserve a family name and a family legacy, essentially. The Krupski's have been farming in this community for a long time and I think it is a testimony to the family that they themselves, wanted to keep this land in agriculture. So I wanted to say thank you to Mrs. Krupski and the Krupski family. And we will have a roll call vote on this. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #715 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2004 a Local Law entitled "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the Southold Town Code" 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 were given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the Southold Town Code" reads as follows: LOCAL LAW NO. 19 of 2004 A Local Law entitled, "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to amend the penalties provisions of Chapter 97 of the Town Code to ensure compliance of that section with all applicable laws, and to provide clear guidance to the public and Town officials regarding the consequences of violations of Chapter 97, it is necessary to make the following changes. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: § 97-34. Compliance requirements and penalties for offenses. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such September 21, 2004 33 Southold Town Board Meeting violation occurs shall constitute a separate, additional offense. (1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be ~uilty of a violation and subject to a fine of not less than $1,000 and not more than $4,000 or a term of imprisonment of not more !ess than fifteen (15) days noF .... · ~...,;.. ~a~ ~.,~,, or both' (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent oflbnse, the violator shall be guilty of a class B misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both. (3) Failure to heed a cease and desist order. Any person conducting operations in direct contradiction to the terms of a cease and desist order shall be subject to fine of not less than $1,000 and not more than $2,000. For each subsequent oflbnse, the violator shall be guilty of a class B misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both~ 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 afl~ct the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #716 Moved by Councilman Ross, seconded by Councilman Edwards, WHEREAS, the Town Board of the Town of Southold held a public hearing of the question of the purchase of a development rights easement on a certain parcel of property owned by Paul and Maureen Grippa, on the 21st day of September, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-122-1-2.2. The address is 1100 County Road 48 and is located on the southerly side of County Road 48 approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district; and WHEREAS, the development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel identified as SCTM #1000-112-1-2.2. The exact area of the development rights easement is subject to survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space and agricultural value; and WHEREAS, the property is in the vicinity of other lands on which either the Town or the County have preserved; and September 21, 2004 34 Southold Town Board Meeting WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Paul and Maureen Grippa~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-122-1-2.2 and 1100 County Road 48 and is located on the southerly side of County Road 48 approxinmtelv 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $30,000 (thirty thousand dollars) per buildable acre. SUPERVISOR HORTON: I just want to say that I actually have had the sincere pleasure of horseback riding on the Grippa's property, so I know inch by inch that it is a wonderful piece of property and I am pleased with the Grippa's participation in the program as well. Please call the roll. 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: That concludes the resolutions that we have to vote on this evening. I do open the floor to the public to address the Board on specific town related matters. And Mr. Carlin, the floor is yours. I have back to school night at 6:30. That shouldn't matter to any of you, actually, I am here to serve. MR. CARLIN: Frank Carlin, once again. I have some food for thought tonight. Try to keep them short. When you hold a, Louisa Evans would probably know this, she is a judge; when you hold a court session here, you have a court attendant, right? SUPERVISOR HORTON: A court officer, yes. MR. CARLIN: Do you ever, does he have a scanner? SUPERVISOR HORTON: Does he have a scanner? MR. CARLIN: Scanner, yeah. SUPERVISOR HORTON: While he is here on duty, he is carrying not a scanner, but a police radio that he can contact headquarters. MR. CARLIN: Well, I would suggest that when you hold a court, now I have been watching some Court TV... SUPERVISOR HORTON: You mean like a metal detector type... ? September 21, 2004 Southold Town Board Meeting MR. CARLIN: A metal detector. 35 SUPERVISOR HORTON: The answer to that is no but .... MR. CARLIN: Well, he should have one. SUPERVISOR HORTON: What we hope to see in the plans of a renovated or new facility for the court are better security measures that would take that into account. MR. CARLIN: Because things are going around this world now that are very strange, you can never tell, and people that come into court, they should be scanned for weapons or knives or whatever. Okay? Now, another, food for thought number two. Watching this big hurricane that happened in Florida, does the Town has a emergency evacume plan developed? SUPERVISOR HORTON: An evacuation plan? MR. CARLIN: Yeah. SUPERVISOR HORTON: To get out of Southold Town? MR. CARLIN: That people know where to go if this happens in Southold Town. SUPERVISOR HORTON: Yes, we do have a, to leave Southold, to evacuate west of Southold Town, no. But sheltering plans, yes, we do. And if there is heavy weather rolling up the coast, I activate the Emergency Operation Center, generally a week to ten days in advance to start tracking heavy weather patterns. And actually, last year, we never had to completely activate our plan but we did, one storm appeared to be rolling up the coast directly for the eastern end of Long Island and we activated all of our liaisons to our sheltering facilities. Now, mind you, communication within that plan is very difficult to carry out. It really entails a mammoth effort, just a tremendous effort of our, that relies solely, heavily on our volunteer services. And we cannot force residents to evacuate their homes but we, within our plan, we work with the Fire Departments throughout Town to get the word out and get information to people as one component of that plan. MR. CARLIN: And they would go to, like they do in Florida, like schools? Right? They go to .... SUPERVISOR HORTON: That is correct. MR. CARLIN: Hamlet and schools .... SUPERVISOR HORTON: And the first areas that are generally targeted are areas that are in flood zones that would be prone to serious flooding. MR. CARLIN: Alright. Food for thought number three. I mentioned this to you Josh, but I want to mention it to the whole Town Board, to go on the record. I would suggest that the Town Board look into making the exit area from the garbage disposal area, shift it to Depot Lane. Take it away, the traffic, by doing that you will be taking some of the extra traffic away from Cox Lane. You enter the September 21, 2004 36 Southold Town Board Meeting composting plant from Depot Lane, there are no houses there, it is a sod farm. You can go in, do your business, go behind and go out and exit through Depot Lane. They enter that place now to go to the composting plant, why not make that the area to exit from the garbage disposal plant? By doing so, get a hold of the State, get a hold of the County and change that caution light to a red light. You are accomplishing two more things there. One, you are taking some of the extra traffic off of Cox Lane coming from the north. Second, you are slowing the traffic down a little more that comes off the ferry- might help a little bit in that area-but it is food for thought to think about. There is no houses there. Try it. Instead of loading up Cox Lane and going out that way. With also the people living along Cox Lane, adding to their problems. Food for thought number four: see when I am out like this, things catch up, I mentioned a couple of months ago, the traffic problems we are going to have with CVS. There is no way that you can exit from CVS on Route 25 on Marlene Drive. You might be able to do it on Sigsbee Road, but especially when there is an 18-wheeler, which will sometimes be delivering material there. There is no way an 18-wheeler is going to come out and make a turn almost 100 foot opposite a traffic light going to the west. Because in theory, an 18-wheeler takes another lane to make a turn because if not, he would hit the curb. If you watch an 18-wheeler when he makes a turn, he makes a wide sweep, besides, he has a tendency to come into your lane. So there is no way he is going to come out there with all that traffic going west and the traffic coming east. And I am surprised that the Planning Board didn't take that into more consideration. It will never be, never work. Even coming from Sigsbee Road you would have a problem making a wide sweep there on the opposite lane to make his turn, then he is going to be half and half, he is quite close to the traffic light, so you get the traffic light there is your problem. That is your problem there. It is too close for these. How it is going to be, I don't know but it won't work. That is my opinion and that is it. Let's see. I think that is about, oh, Josh, I got one more thing I want to mention to you, if you don't mind. A while back, Riverhead mentioned that they were willing to give Southold some water, hook up some water, they mentioned it, if you would be interested in it. SUPERVISOR HORTON: That is actually not whether the Town is interested in it, it is a matter between the Water Authority and the Town of Riverhead. MR. CARLIN: Oh, it wasn't to do with the Town? SUPERVISOR HORTON: No, we don't run a water company. MR. CARLIN: Would you look into this for me then? I want to give you some, you see what we have got here, Josh, is we got a square here. We got Peconic Lane Boulevard has public water, county water; we have the golf course behind my house has public water; we have Sigsbee Road has public water; we have the development behind, over the north side there, public water. We don't have public water, only ones that don't have public water is on the Main Road in Laurel from Sigsbee Road to the Laurel Post Office. Now that would be nice if the county would be able to do that, at least continue the water from the Post Office and give us some water on Main Road to Sigsbee Road and also go to the north and give them people on Aldrich Lane some water, too. That would be nice. I mean, we are the only ones that I know of around that area that don't have water. And I think we entitled to it. As taxpayers, we entitled to it. We shouldn't be off it. I think that is a good opportunity. I don't think they will do it but would you check into it and find out if they would? SUPERVISOR HORTON: Will do. September 21, 2004 37 Southold Town Board Meeting MR. CARLIN: I think that is all I have for this evening. Have a nice evening, gentlemen. SUPERVISOR HORTON: Mr. Carlin, you too. MR. CARLIN: And I hope you make your meeting and make sure you have enough time, Josh. SUPERVISOR HORTON: Thank you very much. Thanks for being here. Would anyone else care to address the Board on Town related business? Mrs. Egan. MS. EGAN: Good evening again, Joan Egan, East Marion. You know we have another police officer down, Officer Lyburt hurt his hand with a staple gun, it went all the way into his bone. So we need more... SUPERVISOR HORTON: He will be back shortly. MS. EGAN: Shortly isn't today. SUPERVISOR HORTON: That is correct but we are fully staffed. MS. EGAN: Well, we need more. SUPERVISOR HORTON: You are right about that. MS. EGAN: Huh? SUPERVISOR HORTON: You are right about that. MS. EGAN: Oh, absolutely. I think you should institute a system of time clocks up here for all departments .... SUPERVISOR HORTON: For all people addressing the Board, you are saying? MS. EGAN: Everybody. No exclusions. SUPERVISOR HORTON: We actually have a, on that point, we have a time management system that is being tested now and hopefully will be implemented by November. MS. EGAN: Yeah, okay. And of course, the Assessors Office is horrible the smell of mildew is terrible, their furniture is rotten. There is plenty of money for everything else, not for them. The new Town Hall, well that was addressed. Nothing being done....ah, Mr. Romanelli, these are serious things and when I speak seriously I don't like to see Pinocchio's nose and a big grin. Okay. The noise control, I still feel very strongly that these big machines, the noise, I can't even speak on the telephone in the summer. I have to keep my windows closed. Mr. Muller has that thing going for hours. SUPERVISOR HORTON: Mrs. Egan, your telephone use is not curbed. September 21, 2004 38 Southold Town Board Meeting MS. EGAN: Pardon? SUPERVISOR HORTON: Your telephone use is not curbed. And I can attest to that because I receive several phone calls a day from you. MS. EGAN: Oh, no, no. Not anymore, darling. Not so much, I am very careful about that. Okay, now, what are we doing about leaf clean-up? You know in the fall, when we, are we doing that at all? SUPERVISOR HORTON: I can't speak for the Superintendent of Highways but I cannot imagine him not doing that, so I think, yeah, that will be underway shortly. MS. EGAN: well, I know there were some changes made last spring .... SUPERVISOR HORTON: That is correct. MS. EGAN: For the spring clean-up. SUPERVISOR HORTON: You will have to have your leaves in the brown biodegradable bags. MS. EGAN: And the time period was short, so I think we have to get that information out. SUPERVISOR HORTON: Yes. MS. EGAN: I still feel very strongly we need a new police station and I feel it should be where the, on Peconic Lane there. Build us a decent place, a community center. That would be great there. It would save a lot of money, parking and all. Now, there was something I think on your original schedule for today but we did address it last meeting about these parking tickets, you know, rather that some of the fees, was anything done about that? Would you know about that, Mrs. Finnegan? I know you agreed with me. You know, some of these parking fees, rather than getting people for DWI, they are giving out parking tickets, ridiculous. Our police force. You don't remember? TOWN ATTORNEY FINNEGAN: I am not sure what you are referring to. SUPERVISOR HORTON: Your point I think at the last meeting was to focus less on moving violations or parking violations .... MS. EGAN: And more on moving violations .... SUPERVISOR HORTON: And focus more on DWI enforcement and we have definitely ramped that up over the course of the summer season. MS. EGAN: So you have spoken with the Chief and all of that? SUPERVISOR HORTON: I have directed the Chief to heighten DWI .... September 21, 2004 39 Southold Town Board Meeting MS. EGAN: All you like to say, do you like that Police Commissioner? When you say, directed him .... SUPERVISOR HORTON: Well, it is just that. . . MS. EGAN: It's okay. SUPERVISOR HORTON: Someone has got to lay it down, Mrs. Egan. MS. EGAN: Will there be anything on the ballot in regard to what Mr. Edwards said publicly on television in regard to....uh, don't look at me like that, Mr. Edwards, in regard to extending the time of the Supervisor's period? SUPERVISOR HORTON: I don't think so. MS. EGAN: In other words, right now it is two years. Now, will there be anything on the ballot? SUPERVISOR HORTON: There will be nothing on this ballot simply because there is not time to get any initiative on the ballot between now and November but I think the real point is that is not something that has been discussed at the Town Board level. And again, I have said, you may have picked up something that Bill said in his TV debut and he is probably now questioning his career in television but .... MS. EGAN: I saw him on again with Dr. Joe. SUPERVISOR HORTON: That is not something that the Town Board has discussed. And I can assure you that this Town Board, while I am here, they won't discuss this. They don't want to serve four years with me. MS. EGAN: Excuse me, in that regard. Also what Mr. Edwards said, so it won't be on the ballot then to increase the salaries of the Supervisor and the Town Council people? SUPERVISOR HORTON: That will not be on the ballot. COUNCILMAN ROMANELLI: That will not be on the ballot. COUNCILMAN EDWARDS: That will not be on the ballot. MS. EGAN: Wonderful. COUNCILMAN WICKHAM: We are just going to do that when everyone is asleep. MS. EGAN: Not while I am around. Oh, Mrs. Neville, do you have available for me who is on the Ethics Board now? I know you don't have it with you but it is available? TOWN CLERK NEVILLE: Yes, of course. September 21, 2004 40 Southold Town Board Meeting SUPERVISOR HORTON: It is Judge Thompson, Judge Tedeschi and Eileen Powers. MS. EGAN: I think we need a little shakeup there. SUPERVISOR HORTON: Okay. MS. EGAN: I will write on that. SUPERVISOR HORTON: Would anybody else care to address the Board on town related matters? JODY ADAMS: I would in due time but if anybody else would .... SUPERVISOR HORTON: Well, due time is here. So if you would like to address the Board, please feel free. MS. ADAMS: Okay, we have a lot of possible discussion issues, areas from this morning, from the past couple of weeks and I really don't know how effectively to go into what. This morning and just now, which I hadn't totally realized, you appointed three people to the Parks; the Beach and Parks Committee? SUPERVISOR HORTON: The Recreation Committee, yes. MS. ADAMS: Whatever. Are there two separate sets of Committees there? Is there the little, tiny Committees were it is just the Board and the Supervisor, usually or just the Board? And then the larger Committees which include some citizens and other ..... SUPERVISOR HORTON: There are several different .... MS. ADAMS: Levels of Committees? SUPERVISOR HORTON: There are different forms, yeah. MS. ADAMS: Have I, is that more or less correct? That they are essentially Board and then second level would be .... SUPERVISOR HORTON: There are oftentimes Board assignments and then there are other Committees that are solely comprised of residents. MS. ADAMS: With usually some coordinator with the Town Board or something. SUPERVISOR HORTON: Just generally a liaison to each Committee. MS. ADAMS: Yeah, liaison is the word. Okay. Now, Mr. Ross said that they had not met often. Had they met at all? SUPERVISOR HORTON: Yes. September 21, 2004 41 Southold Town Board Meeting MS. ADAMS: How often? SUPERVISOR HORTON: I believe they have met three times this year. MS. ADAMS: Okay. Were those meetings announced publicly? SUPERVISOR HORTON: They were posted in the public meetings; that is correct. MS. ADAMS: Was it in the newspaper? Where was the announcement? SUPERVISOR HORTON: They are generally posted on the Town Clerk's bulletin board. MS. ADAMS: And Betty, is it also supposed to be in the newspaper or not or only if there is a....? SUPERVISOR HORTON: No. A Committee meeting, a meeting of the Recreation Committee doesn't have to be published in the newspaper. MS. ADAMS: Are the other members, how were the other members of your Board chosen? SUPERVISOR HORTON: The other members of what Board? MS. ADAMS: Sorry. Your Committee? SUPERVISOR HORTON: Of the Recreation Committee? MS. ADAMS: Yes. SUPERVISOR HORTON: Every one has been appointed by the Town Board. MS. ADAMS: Prior, I mean it was held, the first of the year, in other words after you all were elected, it was, the Committee was appointed or re-appointed from last year? SUPERVISOR HORTON: Yes. And then a couple of members, I believe, I don't think this year there was anybody new appointed. MS. ADAMS: Until now? SUPERVISOR HORTON: That is correct. MS. ADAMS: Okay, now, during the morning session, somebody mentioned that it is more usual to advertise for people, rather than just have direct solicitation .... SUPERVISOR HORTON: In October, we will be advertising for positions that are open on any Committee that has an opening. MS. ADAMS: But now .... September 21, 2004 42 Southold Town Board Meeting SUPERVISOR HORTON: We abide by that. This happens to be a circumstance that where there were a couple of initiatives that the Recreation Committee wanted to take up, they felt they needed some, under the guidance of Councilman Ross, felt they needed some more people to assist them in that and Councilman Ross found some good people to serve in that capacity and I don't think that there is anything that we can say about people volunteering their time. MS. ADAMS: Oh, a lot of people volunteer and usually it still goes through a process where other people can compete. SUPERVISOR HORTON: Are you, so you would like to challenge the appointment of people on the Parks and Recreation Committee? MS. ADAMS: Why not? SUPERVISOR HORTON: I can't, well, why not? I can give you several reasons why not. MS. ADAMS: At least have one of your Board challenged it at the meeting this morning, if they can challenge it .... SUPERVISOR HORTON: No, it wasn't challenged. MS. ADAMS: Well, it was a question. SUPERVISOR HORTON: You know what, Miss Adams? The Board appointed those three members, the three members of our community that have ideas and want to donate their time to the Parks and Recreation Committee .... MS. ADAMS: And one is a very good friend of Mr. Ross. SUPERVISOR HORTON: We welcome them. MS. ADAMS: Former partner. SUPERVISOR HORTON: But we happen to be friends with most of the people that we serve and those relationships .... MS. ADAMS: Which is perhaps why you do so many things that are unpleasant to the public. SUPERVISOR HORTON: No. Point being, we develop friendships on a professional basis with most of the people that end up serving in Town Hall because we end up all working together. MS. ADAMS: Alright. But, again, to go back to... SUPERVISOR HORTON: We are not going to un-appoint those people. September 21, 2004 43 Southold Town Board Meeting MS. ADAMS: I am not asking you to un-appoint them, what I am asking you is this: you said this morning there is nothing that says you can't do it, so do it. Essentially. Do you recall that? SUPERVISOR HORTON: No. You are quoting me is not something that we are going to get into here. MS. ADAMS: I don't understand what you are saying. SUPERVISOR HORTON: You are not representing any of the remarks that I made this morning accurately. MS. ADAMS: Okay. What did you say, then? SUPERVISOR HORTON: I said, these sound like good people to serve on the Committee and I appreciate their time and energy away from their families and their personal lives to serve the entire community. MS. ADAMS: I believe and maybe I am mistaken that you also said that there is nothing that says that you can't do it. SUPERVISOR HORTON: Right. We are not required to post for resumes. This is a Recreation Committee. If this was a .... MS. ADAMS: Yes, but .... SUPERVISOR HORTON: If this was a ZBA or Planning Board appointment, by all means we would have gone out to resume. You are talking about three people who have volunteered to serve on the Recreation Committee till the end of the year. MS. ADAMS: Do you recall who it was on the Board who questioned it? SUPERVISOR HORTON: No, I don't. MS. ADAMS: Butyou recall somebody did? SUPERVISOR HORTON: No, I don't. MS. ADAMS: Isn't that amazing? SUPERVISOR HORTON: No, it is not. MS. ADAMS: Well, you know, people hear different things. Okay. What does your Committee do? SUPERVISOR HORTON: The Parks and Recreation Committee? MS. ADAMS: Yes. September 21, 2004 44 Southold Town Board Meeting COUNCILMAN ROSS: We basically oversee and work with Jim McMahon and Mr. Reeves .... MS. ADAMS: Oversee what? COUNCILMAN ROSS: Oversee the parks, recreation and the beach areas and we are looking at particular activities. And these individuals had some thoughts on activities and we wanted to get them on board because we are projecting to the next summer and to do that in January, when general appointments are made, would put us kind of behind schedule. There are things that, some groundwork that we want to lay early in the year. SUPERVISOR HORTON: So, the Parks and Recreation Committee works with Town personnel to present new ideas and possible improvements to various recreation facilities we have in Town that would serve the public. MS. ADAMS: This includes maintenance? SUPERVISOR HORTON: No, generally the maintenance is handled by the Department of Public Works, separate and aside. MS. ADAMS: Which is Jim McMahon. SUPERVISOR HORTON: That is correct. MS. ADAMS: As of January lSt? SUPERVISOR HORTON: That is correct. MS. ADAMS: Uh, was there a discussion, I mean, I presume there was a discussion....was there any, how did that happen? How did the split happen? I mean, I don't know whether it is good or bad. SUPERVISOR HORTON: What split? MS. ADAMS: The split where the Town Highway Department used to be also DPW? SUPERVISOR HORTON: Going all the way back to January? MS. ADAMS: Yeah. I can even go further back than that. SUPERVISOR HORTON: I am trying to follow you but essentially it was a Board decision; that through a collaboration with the Superintendent of Highways and now Department of Public Works, Jim McMahon, that this would be a better format. The Superintendent of Highways, mind you, is an elected official whose job, when he runs, is to deal with roads not roofs. He is elected to deal with our highway infrastructure and we, he and the Board and Public Works people felt that this was a necessary and advantageous to the community, an advantageous move. MS. ADAMS: Who are the Public Works people? September 21, 2004 45 Southold Town Board Meeting SUPERVISOR HORTON: There are several of them. COUNCILMAN ROMANELLI: We can't name them all now. MS. ADAMS: Well, what do they do? SUPERVISOR HORTON: They deal with public works. They deal with maintenance, they deal with buildings and they deal with grounds and they deal with parks. MS. ADAMS: Okay. And do they have a .... SUPERVISOR HORTON: They will do anything from fixing a broken window or a door that has become unhinged to dealing with the baseball fields that people use in Town. MS. ADAMS: Mmmhmm. Do they have a location? Where they are housed or I mean, where they shower, where they go to the bathroom? Where they keep their belongings? Are they in one .... SUPERVISOR HORTON: No, we don't have a locker room. MS. ADAMS: No, I don't mean that. The Highway Department has that immense ..... SUPERVISOR HORTON: They work out of the Highway Department. MS. ADAMS: Okay. They do work from there? SUPERVISOR HORTON: They work out of the Highway Department, yes. MS. ADAMS: Okay. That is their base, more or less. SUPERVISOR HORTON: Yes, yes. MS. ADAMS: But they don't do any highway work? SUPERVISOR HORTON: No. MS. ADAMS: None? SUPERVISOR HORTON: In the event that the Superintendent of Highways needs some additional manpower to deal with snow removal or you know, after a storm and there are a lot of downed tree limbs and the manpower is necessary, by all means, the Department of Public Works would pitch in. MS. ADAMS: Okay. Now, Mrs. Evans, I believe you were the only person that held, still on the Town Board, that was on the Town Board in June of 1997, when this half acre property, at the end of Bay Avenue and or Skunk Lane was accepted by the Town of Southold ..... JUSTICE EVANS: I .... September 21, 2004 46 Southold Town Board Meeting MS. ADAMS: You gotmy letter. Do you have any memory of that incident at all? JUSTICE EVANS: I have vague recollections but without looking back on Town Board minutes, I don't offhand know what you are talking about. MS. ADAMS: Okay. JUSTICE EVANS: We accepted a piece of property but I don't know the circumstances surrounding it. MS. ADAMS: Well, that is what I am wondering. Because....well, you do understand that having a half acre of waterfront with a hundred ten feet of waterfront, prime waterfront, bought by the Town for $10; that I have checked and sitting apparently ignored for seven years without the public having the slightest idea that it exists, without any indication to the public that it exists; makes one wonder about how the Town handles various matters. JUSTICE EVANS: We must have had a public hearing to accept a gift of a piece of property. MS. ADAMS: Really? JUSTICE EVANS: Isn't that the legal format? MS. ADAMS: It wasn't a gift. It wasn't a gift. It was a complicated legal situation. SUPERVISOR HORTON: Ms. Adams, a lot of the Board members here weren't on the Board at the time... MS. ADAMS: I am sorry, would you start that sentence over again? SUPERVISOR HORTON: Most of the Board members here tonight weren't on the Board at that time in 1997 and we don't know what you are specifically talking about. MS. ADAMS: Well, I have sent you material, had you read it, you would know. SUPERVISOR HORTON: Not necessarily, Ms. Adams. MS. ADAMS: Actually, I re-read it. It is very coherent, if that is what you are trying to say. SUPERVISOR HORTON: I am not trying to say anything. MS. ADAMS: Well, you know .... SUPERVISOR HORTON: Is there anything else you want to address this evening? MS. ADAMS: I am not through with this subject. This is an open .... September 21, 2004 47 Southold Town Board Meeting SUPERVISOR HORTON: Well, it sounds like a legal matter that you have ..... MS. ADAMS: No, no, no, no, no. The Town has a half acre plus of prime .... SUPERVISOR HORTON: So what do you want to know about? MS. ADAMS: .... beach front. Actually, since you don't know about it, I want to tell you about it, maybe you will do something. SUPERVISOR HORTON: Now is not, we are not going to sit at a Town Board meeting and have you explain a seven or eight year historical .... MS. ADAMS: I am not giving you seven or eight years. I am telling you about the properly and I am telling you that as far as anyone knows, it has not been used in eight years, seven years. Eight is yours. And I think you ought to consider why. COUNCILMAN ROMANELLI: Okay, so .... MS. ADAMS: How this happened and what use, because the people next to it are willing to buy it. They want to buy it. SUPERVISOR HORTON: And the Town owns it. MS. ADAMS: As far as I know. SUPERVISOR HORTON: And it is probably part of the Town's Open Space inventory and most of the Town's Open Space inventory is untouched. MS. ADAMS: So you again have untouched waterfront? SUPERVISOR HORTON: I, again, the specifics of your situation .... MS. ADAMS: Well, when are you going to look into it? SUPERVISOR HORTON: I am not speaking knowledgeably to it. MS. ADAMS: Well, when are you going to look into it? SUPERVISOR HORTON: Not right now, Ms. Adams. MS. ADAMS: When? I think, when did I notify you of it? Quite, quite, it has not been just one day. It has been at least a week, if not more. Well, could you give me a time? Could we have a meeting on it? SUPERVISOR HORTON: Councilman Ross will review it and speak with you. September 21, 2004 48 Southold Town Board Meeting MS. ADAMS: Fine. Very good. Now we can go on to the Police Committee and the fact of who is in charge of the Police Department and actually, I am probably skipping some things here. How many meetings of your Police Committee have you had? Mr. Ross? COUNCILMAN ROSS: I don't know. It is generally, we meet .... MS. ADAMS: With some frequency? COUNCILMAN ROSS: .... every other week or twice a month. Every other week. There have been a couple of cancellations but we meet on a regular basis. MS. ADAMS: Okay. Umm, you, you, this Board added some people, I believe there were only three members? SUPERVISOR HORTON: No, that is not correct. MS. ADAMS: Well, how many are there? SUPERVISOR HORTON: The amount of members that are on it now are the same, I believe, the same amount as was when it was formed in 2002. It is quite possible there is one additional member but I believe it is the same amount. MS. ADAMS: It was formed before you became Supervisor. SUPERVISOR HORTON: That Committee was abolished, I believe. MS. ADAMS: The earlier one and then it was re-constituted? SUPERVISOR HORTON: Councilman Wickham and myself worked with the Town Board in 2002 to re-establish or to establish a new Police Advisory Committee with a different charge. MS. ADAMS: Ahah. And that charge would be available? SUPERVISOR HORTON: I can't, through the Town Clerk's office. MS. ADAMS: Okay, okay. SUPERVISOR HORTON: You know the FOIL system. MS. ADAMS: Okay. The meetings are public or not? SUPERVISOR HORTON: They are public, yes. MS. ADAMS: Do they go into Executive Session? SUPERVISOR HORTON: On occasion, there are Executive Session matters, yes. September 21, 2004 49 Southold Town Board Meeting MS. ADAMS: Why are you answering for him? Are you there? SUPERVISOR HORTON: I have gone to several of them, yeah. MS. ADAMS: But he is the Chair of the Committee. You have answered every question .... COUNCILMAN ROSS: I am not the Chair of the Committee. MS. ADAMS: Pardon? I mean, you are the, yes, you are the coordinator? COUNCILMAN ROSS: I am not the Chair of the Committee, I am the liaison to the Board and in the meetings I have been at, which were most of them since the beginning of the year, I can't think of any occasion when we went into Executive Session. SUPERVISOR HORTON: I was.., there have been occasions when there has been Executive Session. MS. ADAMS: There have been occasions? SUPERVISOR HORTON: Yes. MS. ADAMS: Yes. Are minutes kept? SUPERVISOR HORTON: I don't believe so. MS. ADAMS: Minutes. Minutes. SUPERVISOR HORTON: I believe notes are kept by the Chairman. MS. ADAMS: But they are not made available to anyone? There is not, you know.., in a FOIL form? SUPERVISOR HORTON: They are not official minutes. MS. ADAMS: They are not official minutes. Can... okay, you are having a meeting in Greenport with the Mayor and some motorcycle riders? There is one thing, I read about that, yes? SUPERVISOR HORTON: I read about it, too. MS. ADAMS: You didn't know about it? SUPERVISOR HORTON: I learned about it. MS. ADAMS: This is going to take place? SUPERVISOR HORTON: I believe at 3:00 on September 24. Friday, yes. MS. ADAMS: Where? September 21, 2004 50 Southold Town Board Meeting SUPERVISOR HORTON: I... MS. ADAMS: The firehouse? We all know more than you. SUPERVISOR HORTON: It was scheduled originally for Village Hall, has it moved to the firehouse? MS. ADAMS: I don't know. SUPERVISOR HORTON: I was told Village Hall but it is Greenport Fire House. MS. ADAMS: Is this a public meeting? SUPERVISOR HORTON: I believe it is. MS. ADAMS: Ohhh, okay, good. I wonder if either of you have reviewed, considered, done anything with the Civilian Complaint for? That is supposed to be filled out in regard to complaints about the Police Department, members of the Police Department. SUPERVISOR HORTON: You mean upgrades or changes to the Civilian Complaint form? MS. ADAMS: Ummm, just, I, umm, I went in the other day to file a complaint and I usually, you know, I just gave up a long time ago in terms of trying to communicate with anybody in the Police, in terms of criticism or in terms of anything, and so I would just fill out the form and then I kept reading it, seeing how idiotic, you know what I am talking about? Do you know the .... SUPERVISOR HORTON: I know the form you are talking about. MS. ADAMS: Yeah, where the Sergeant is supposed to sign it at the bottom and all that kind of stuff'? SUPERVISOR HORTON: So your question is, have there been changes made to it? MS. ADAMS: My question is who, alright, my statement is: I went into the Police Department, I talked to a Police Sergeant, I, the intent being to file a complaint. Along the way, along the conversation, he did not have a form in front of him, which I do not know whether he is supposed to have or not. You know, I said, whether or not you agree with me that this is a legitimate complaint, I want to file a complaint. And he said, yes, I will do so. And a goodly number of days later, I went back up to talk to him and he had his own opinion about a whole lot of things and I then spoke to Lieutenant Flatley, is that correct? SUPERVISOR HORTON: Captain Flatley. MS. ADAMS: No, who is a Lieutenant? SUPERVISOR HORTON: Lieutenant Sawicki or Kruszeski. MS. ADAMS: I spoke to somebody who is very tall? September 21, 2004 51 Southold Town Board Meeting SUPERVISOR HORTON: Probably Captain Flatley. MS. ADAMS: I didn't know he was a Captain, okay, or maybe they forgot he was a Captain. And he said that he had not filed any complaint, that he said that I did not have a complaint .... SUPERVISOR HORTON: Ms. Adams, I am not sure this is the format .... MS. ADAMS: Well, what is the format? SUPERVISOR HORTON: You can, if you have an issue with the Police Department, you can request to speak with a member of the Police Department. MS. ADAMS: What I believe in this life is the Police require civilian oversight. I believe strongly that this Department has been on the wrong foot and allowed to be on the wrong foot for a very long period of cumulative problems. And it would be awfully nice if this Board would consider some of those problems and some ways of resolving them. SUPERVISOR HORTON: Okay. MS. ADAMS: And going to the Police Department, if it does not reach somebody here for serious consideration, if it is not discussed publicly, it doesn't work. SUPERVISOR HORTON: Okay. MS. ADAMS: And so I am urging, you are having a, what are you having? You said some kind of meeting about something. Couldn't we have a meeting, oh, right, your motorcyclists, couldn't we have a meeting in this Town Hall ..... SUPERVISOR HORTON: We are not having a meeting on our motorcyclists, we have been invited to a meeting .... MS. ADAMS: I know. I know that but you could have a meeting here ..... SUPERVISOR HORTON: For a situation that I believe our Police Department is doing a very good job of handling. MS. ADAMS: Well, you know, Josh you are a politician, if you would ever drop that, that would be great. Maybe they are, maybe they aren't. I don't know. You know, they may be profiling .... SUPERVISOR HORTON: Well, they are. MS. ADAMS: ..... and fouling people up. You don't care, that is the point. SUPERVISOR HORTON: Ms. Adams, I am going to, at this point I am going to make a motion to adjourn the meeting. I don't .... September 21, 2004 52 Southold Town Board Meeting MS. ADAMS: May I, one thing. May I make a formal request that this Board hold a meeting to discuss the Police Department and the procedures regarding civilian complaints, which some people do not feel are satisfactory. COUNCILMAN ROSS: Ms. Adams, I will take your concern to the Police Advisory Committee. MS. ADAMS: I prefer the Town Board. The Committee may or may not, you know, I don't know who they are or what they do, in the past, the past Committees would be of no interest. If you would talk to me sometime, perhaps we could discuss it, okay? COUNCILMAN ROSS: Okay. SUPERVISOR HORTON: Thank you, Ms. Adams. MS. ADAMS: Thank you. Moved by Supervisor Horton, seconded by Councilman Romanelli, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:14 P.M. Elizabeth A. Neville Southold Town Clerk