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HomeMy WebLinkAboutTB-02/01/2005SOUTHOLD TOWN BOARD REGULAR MEETING February 1, 2005 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, February 1, 2005 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 evening and welcome to the 4:30, February 1st public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. There are several times over the course of the evening that the public has the opportunity to address the Town Board, first being prior to the reading and voting on any of the resolutions that are on our evening's agenda. The second opportunity would be over the course of any of our public hearings and I believe tonight, we might even be public hearing free. We are. But were we to have a public hearing, the public would have the opportunity to address the Town Board specifically on the public hearing at hand. At the conclusion of the meeting or prior to the conclusion, we also offer the floor to the public to address the Town Board on town related items that are of concern or interest to the individual. We have a couple of things that I would like to present and discuss a little bit prior to moving too far into the agenda. First, as far as communications are concerned, as well as reports, public notices and other correspondence to the Town. Those items are available for the public's review at the Town Clerk's office, Monday through Friday, open 8:00 A.M. to 4:00 P.M. I did receive a note and I believe the February 1, 2005 Southold Town Board Meeting 2 Town Board did as well and I just wanted to read this into the record. It is from Village Board Trustee Gail Horton and it states, 'Dear Supervisor and Town Board, I want to thank you for your part in the approval of donation to Mitchell Park on the part of the Town. I am truly thrilled with this concrete recognition of Mitchell Park's place in the Town and thank you heartily.' Mine says, 'Love, Mom' but she did, it is signed Trustee Gail Horton. Next, I have got Chief Cochran and Officer DiCandia and Lieutenant Kruszeski here, if you could just come forward for a moment, I would just like to make recognition of something that, Captain Flatley is here as well, I want to make recognition of another achievement realized recently. The, many of you are aware that there has been a heightened emphasis on DWI regulation, control and enforcement and the Police Department has stepped up its efforts by way of personnel, man-power, personnel power; people on the street, particularly over key times of the year over the past few years. On an annual basis, Suffolk County also contributes funding to the Police Department so that we are able to bring officers in on overtime, on no impact to the Town budget, specifically for DWI enforcement and patrols. This year, one of our officers was recognized by Suffolk County Executive Steve Levy as Southold Town's top cop for DWI enforcement and we are honored to congratulate Police Officer, Patrol Officer, Pete DiCandia for his recognition in earning that title for 2004 as Suffolk County, Southold Town top cop. Congratulations, good job. Thank you. CHIEF CARLISLE COCHRAN, SOUTHOLD TOWN POLICE CHIEF: Congratulations to Pete for his dedicated service and a job well-done. And I once again, thank the Supervisor and Town Board for their support. SUPERVISOR HORTON: Next I would like to call up, if I may, our Director of Human Services, Karen McLaughlin. Many of you will recall in early December there was a utility crisis, started in Cutchogue (inaudible), we were left for a number of days, I believe close to 3,800 homes without gas service. Essentially without heat, without cooking fuel and so forth. Now, mind you, this is in December in the northeast, to be without fuel and without cooking abilities is an uncomfortable position to be in and it required tremendous amount of resource on behalf of the Town. We had Town, well, first ofl} all the fire departments opened themselves up to be the stationing stations, if you will, for Keyspan crews that were brought in all from all over northeast, as far up as outer Boston, New York City, upstate New York. We also worked to activate emergency shelters, in the event that people went without heat for too long and the temperature in their homes dropped. We opened the Southold Town Human Resource Center in Mattituck as one of the shelters and also worked with the Red Cross to make available Mattituck High School. And I could probably describe to you for the next 45 minutes to one hour just what went in to that. You know, as far as also the coordination from public safety standpoint. While it certainly doesn't seem like enough and it certainly doesn't compensate any of us for the pain and frustration we truly had to endure over three day, Keyspan did make a contribution to the Town of Southold in appreciation for our ability to actually work with them to bring this issue to a resolution. And I am presenting to Karen on behalf of Keyspan to the Town of Southold, a $5,000 check from Keyspan that will be used again to enhance our Human Resource Center, were we provide a whole host of wonderful opportunities to make the lives of senior citizens in Southold Town that much more comfortable. So thank you for your hard work. Let me get my bearings, yes, we will continue with the meeting. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $647,911.09; General Fund Part Town bills in the amount of $4,522.19; Community Development Fund bills in the amount of $2,000.00; Risk Retention Fund bills in the amount of $2,006.12; Highway Fund Part Town bills in the amount of $15,341.50; Capital Projects Account bills in the amount of $11,983.75; Community Preservation Fund (2% Tax) bills in the February 1, 2005 Southold Town Board Meeting amount of $9,269.00; New London Terminal Project bills in the amount of $426.70; Employee Health Benefit Plan bills in the amount of $12,683.00; E-W Fire Protection District bills in the amount of $12,543.66; Fishers Island Ferry District bills in the amount of $33,883.56; Refuse & Garbage District bills in the amount of $271,265.18; Southold Wastewater District bills in the amount of $1,775.86; Fishers Island Sewer District bills in the amount of $2,598.17; Southold Agency & Trust bills in the amount of $9,736.25 and Fishers Island Ferry District Agency & Trust bills in the amount of $73.08. 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 December 28, 2004 Regular Meeting of the Southold Town Board be and hereby are declared 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 January 4, 2005 Organizational Meeting of the Southold Town Board be and hereby are declared 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 Work Session of the Southold Town Board be held Tuesday, February 8, 2005 at 2:00 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held Tuesday, February 15, 2005 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. REPORTS 1. Employee Health Care Plan, Island Group Plan Year 2004 2. Juvenile Aid Bureau December 2004 3. Board of Town Trustees December 2004 4. Board of Town Trustees 2004 Year-End Report February 1, 2005 Southold Town Board Meeting 4 II. PUBLIC NOTICES 1. New York State Department of Environmental Conservation Notice of Complete Application of J. Katherine Tuthill Estate to dredge a 200' by 70' area at the mouth of a canal at its entrance to School House Creek, Old Cove Yacht Club, Old Harbor Road, New Suffolk, Town of Southold. Written comments by February 18, 2005. 2. New York State Department of Environmental Conservation Notice of Complete Application of New Suffolk Shipyard LP to dredge a 325' by 40' area at the mouth of School House Creek, Old Cove Yacht Club, Old Harbor Road, New Suffolk, town of Southold. Written comments by February 18, 2005. III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, I open the floor to any members of the public that would like to address the Town Board on any of the resolutions we have on the agenda this evening. Yes? FRANK WILLS: Good afternoon, my name is Frank Wills, I live in Mattituck. Could you explain item 49? Approve the letter of in the amount $100,000 from the Bank of Smithtown for the Laurel Links Country Club? How does the Town get involved? SUPERVISOR HORTON: Let me get to the resolution. And actually, that is a legal question that is best answered by our Town Attorney, Patricia Finnegan. TOWN ATTORNEY FINNEGAN: Accept and agree to send to the Town Board, the letter of credit is like a performance bond for them to build the road and the drainage work in there. That is the bond estimate for the construction items that are not completed to date. So they will submit the letter of credit for $100,000 and once those items are completed, we would release the letter. SUPERVISOR HORTON: So essentially... MR. WILLS: Why do they need the Town's approval? SUPERVISOR HORTON: Because that is actually per... TOWN ATTORNEY FINNEGAN: It is a state law. SUPERVISOR HORTON: ... it is a state law, that is a required legislation adopted by the Town Board in our subdivision code that requires money being, either letters of credit or bonds be retained as development projects are underway and carried out and once they are brought to fruition, those monies are returned to the owner. If they don't come to fruition or if certain obligations are not met, those monies are there, essentially in legal escrow to complete what has not been completed; so the Town essentially or the homeowners don't get shafted, so to speak. Would anybody else care to address the Board? Yes, Mrs. Egan. JOAN EGAN: Good evening, members of the Board and Mr. Horton and public. Good to be here. I asked Judge Evans prior to the meeting if she had the opportunity to review what happens here in February 1, 2005 Southold Town Board Meeting Town Hall on Friday mornings when you have the humongous amount of people here for all the different kinds of things and Mrs. Evans said she did not have the opportunity, so I will again refresh your memory. It is horrible and I have asked the Chief to help, where I thought Mrs. Finnegan maybe she has done something about it to find out the legalities about having a scanner there. Let me tell you, there were kids all over the place. Kids in here, kids out there, crying. The ventilation system wasn't even nearly enough. The smell of heavy perfume, someone was almost passed out there. Now, somebody dies here in court, somebody gets hurt; so the Chief is going to look into the legalities of it and I think you can call up Hauppauge and find out, let's do it. I have been after you this now for at least two or three years. Okay? SUPERVISOR HORTON: Yes, Mrs. Egan. MS. EGAN: So, let's get going. Now, what is this #44, what is a driver messenger? SUPERVISOR HORTON: Allow me to mm to it. One moment, please. It is the position of driver messenger is one that has loosely been filled in Town Hall by several different people and what we have done is we realized that we actually have, with the closure of the Scavenger Waste facility, we realize we have the staffing ability to have one person serve that position and this formerly creates that position per civil service. MS. EGAN: So what does he do? SUPERVISOR HORTON: Essentially it is the job of a courier. You know, the police department has files that need to be brought to Town Hall and Town Hall to Town Hall Annex, to the Highway Department and so forth. It is actually a very efficient use of our time. One thing that disturbed me greatly, the first couple of years here, because sometimes, you know, not having a person designated to that position, I would actually have uniformed police officers delivering mail, which in my mind, absolutely unacceptable, not an efficient use of our police departments time. MS. EGAN: In that regard, is he going to be provided with a vehicle or a....? SUPERVISOR HORTON: We do have Town vehicles that are available if necessary. MS. EGAN: Now, has the telephone hook-up been made, so that ifI call here and I want to speak to people in the Annex, I have to make a separate call or can it be transferred yet? SUPERVISOR HORTON: I believe we are having difficulties with the transfer infrastructure. MS. EGAN: Well, that is wrong. SUPERVISOR HORTON: That is furthermore why we should all be in one building. MS. EGAN: Now, 46, again more money for the senior center. SUPERVISOR HORTON: Well, actually it's .... February 1, 2005 6 Southold Town Board Meeting MS. EGAN: Shouldn't need it, with that big check. SUPERVISOR HORTON: It is the .... MS. EGAN: I don't find that funny. SUPERVISOR HORTON: It is the receipt of a gift and just applying it to a program. MS. EGAN: So where, the Town is... SUPERVISOR HORTON: It was a donation of private money, similar to what we just received here this evening of one of many gifts of private monies to support some of our programs. MS. EGAN: So, it won't be any money from our ..... SUPERVISOR HORTON: That is correct. MS. EGAN: It won't be? Okay, that is fine. And I spoke to the lady here, to tell them to stop using the microwave .... SUPERVISOR HORTON: She is your neighbor and you know her name. MS. EGAN: Now, what is #50. SUPERVISOR HORTON: #50 is, as I review it, that is authorizing the Planning Board to advertise for the position of Senior Planner, which is the position that has been authorized by the Board some time ago and the Planning Board is simply soliciting resumes and advertising the position. MS. EGAN: To do what? SUPERVISOR HORTON: To work in the Planning Department. Essentially to site plan review and work within the Planning Department on many of the different planning functions that are carried out there. MS. EGAN: That is very ambiguous. Now, number 51, are we finally going to sign those union contracts? I find nothing funny about the things I am asking about. SUPERVISOR HORTON: Excuse me, Mrs. Egan, no, you are asking very valid and important questions. MS. EGAN: That's right and I don't appreciate laughter at the end of the aisle. SUPERVISOR HORTON: I agree. Gentlemen, if you could refrain from laughing, if you are, while Mrs. Egan is speaking. Thank you. The question? I am sorry. February 1, 2005 7 Southold Town Board Meeting MS. EGAN: You are going to be signing the union contracts? For the dispatchers and the marine division and the people up here? SUPERVISOR HORTON: The Town is very ready, very willing and very much in a position and very much wants to settle this contract. And I will actually briefly explain the situation; when the Town and the CSEA came to an impasse, we and after the CSEA voted down the contract agreement that was agreed upon by the two negotiating parties, the CSEA leadership and the Town negotiating team and the Town Board, after that was voted down in July, we agreed to go to a fact-finder. And the way that essentially plays out is the, a fact-finder is appointed, it is a neutral party that has no connection to either side, is appointed by the State of New York. Each side has the opportunity to present their case, so to speak. MS. EGAN: Sure. SUPERVISOR HORTON: When that is concluded, as it was I believe in December, the fact-finder then issues a report, which is a list of recommendations as to how, you know, how a contract proposal should be constructed and advanced. And what we are, what the Town is doing this evening is accepting the recommendations formally at which point we are waiting to hear from the CSEA leadership as to whether they will be accepting the fact-finders report or if they are not, what changes they feel, what all of the changes they feel are necessary in order to advance a new proposal. So that is the position we are in and we are very much looking forward to bringing this matter to a quick resolve. MS. EGAN: And then those, when you do agree, those will be retroactive? SUPERVISOR HORTON: Yes and in fact, we are very much in a position to start processing retroactive paychecks as soon as this is settled. MS. EGAN: Will they receive interest on their retroactive money? SUPERVISOR HORTON: No. MS. EGAN: They should. SUPERVISOR HORTON: Okay. MS. EGAN: Now, I see number, uh, what is this 52? What fees for affordable housing requirement? SUPERVISOR HORTON: These are in the subdivision code that was adopted, I believe, back in August. There were certain fees that were built into the legislation that had to be set on an annual basis. Councilman Edwards, Romanelli and Ross worked very hard to come up with what those recommendations should be, working with the Planning Department and Philip Bel~z and those are being set by resolution this evening, in accordance with Town Code. MS. EGAN: What are the fees for? What .... SUPERVISOR HORTON: The fees pertain to the .... February 1, 2005 8 Southold Town Board Meeting MS. EGAN: Suppose I want an apartment, I want to get into affordable housing, I have to fill out something and pay a fee? SUPERVISOR HORTON: It is really, right, no, it is actually not at all to do with that, it is precisely to do with the Southold Town subdivision code, which now lays out two avenues that a land-owner can take. One is the conservation route, which is extremely limited development 75 to 80 percent preservation and so forth. If the developer or land-owner chooses notto go that route, we realize that, you know, full yield subdivisions are not something that we promote or support or they are not an objective of the Town Board, particularly in areas such as what we refer to loosely as the farm belt. So, what we realize is that if in the rare occasion this were to happen, we would want to at least realize the community benefit. So the subdivision code lays out criteria that if a full yield development is in fact to take place, we want to at least make sure that some of those homes are made affordable to local people and there are very technical requirements as to how that happens and how that would be, how that would take place and there are fees associated with a number of aspects of the subdivision code to realize that. MS. EGAN: Why should there be fees? SUPERVISOR HORTON: I am not sure... MS. EGAN: Well, why should there be fees? application for a dock or something you know, involved... Now, I can understand, you know, if I am making from the DEC that they have to set their expenses SUPERVISOR HORTON: Well, actually, I think I understand your question and to the best I think I can answer it, to establish this law the way it is established legally, we believe to make it firm on legal grounds, there has to be certain criteria and a number of options and actually, if you like, I would be very happy to sit down with you and go through it very clearly, as it is constructed. What these fees are for, is if, let's say in a 20 lot subdivision, which would be a full-yield subdivision, the land owner would be required to appropriate a percentage of those as affordable, up to 25%. What we are saying is that if they don't do the full 25%, they can, they have to provide at least 10% as affordable. To get from 25 down to 10%, we are not just going to let you off the hook, we are saying you will pay into the Town housing fund so the Town can work with the Community Land Trust or the North Fork Housing Alliance or an agency to realize the benefit elsewhere. But you are going to have to contribute into that if you decide not to bring those to fruition. MS. EGAN: Doesn't sound too good to me at all. I mean, in other words, that would be an arbitrary figure, an arbitrary amount. SUPERVISOR HORTON: No, it is not actually. And that is why we are establishing it by resolution because the law requires that fee be established by resolution .... MS. EGAN: You are only establishing that there should be a fee, right? SUPERVISOR HORTON: No, the fee has already been established in the legislation. It has to be adjusted on an annual basis, so we are setting it tonight. February 1, 2005 9 Southold Town Board Meeting MS. EGAN: Well, be very careful with that. Very careful. SUPERVISOR HORTON: And those are wise words. Thank you. MS. EGAN: Now, there was something else that I wanted to congratulate you on. Can you believe that? SUPERVISOR HORTON: I haven't heard it yet, so... MS. EGAN: You finally got somebody from the Mattituck School to do some shadowing. SUPERVISOR HORTON: We have... MS. EGAN: At the Police Department, I think it is. SUPERVISOR HORTON: That is correct. MS. EGAN: Yeah. SUPERVISOR HORTON: I believe Southold School has promoted the job shadow day, which takes place tomorrow and there will be students with us in Town Hall in various departments tomorrow. Actually, I believe I have two or three students working with me tomorrow. MS. EGAN: Good, well I hope they will dress appropriately. You did get my voice mail on the other situation, in court. The court girl. SUPERVISOR HORTON: I will have to review my voice mail again. MS. EGAN: She should have been dressed much more conservatively. SUPERVISOR HORTON: Okay. MS. EGAN: Because one time you took a girl from here, your first go round to something, I think, over on the south shore, told her to put a pin in her blouse. Now, number 42, the groundskeeper....oh, you explained that. Okay, that is it for a while. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Board on the resolutions? Yes, Ms. McLoughlin. KAREN MCLOUGHLIN, DIRECTOR OF HUMAN RESOURCES: Hi, Karen McLoughlin from East Marion. I just wanted to clarify something you said, Josh, to elaborate a little. Any donations that come into the Department, about 25 percent of our overall income is donations and it is because people are pleased with the service and often they give more than a minimum donation and we have a set amount of grants, so it really helps us expand our services without an impact on the local taxpayers, so I just wanted to mention that. Thank you. February 1, 2005 10 Southold Town Board Meeting SUPERVISOR HORTON: It is a worthy clarification. Thank you, Karen. Yes, Ms. Adams. JODY ADAMS: Do I presume rightly or wrongly, that there will be some discussion tonight of the Attorney, the State Attorney General? SUPERVISOR HORTON: No, there won't be discussion on that. MS. ADAMS: There will not be discussion. SUPERVISOR HORTON: No. MS. ADAMS: Okay. I am wondering .... SUPERVISOR HORTON: There is no action for the Board to take. MS. ADAMS: Well, you have a motion to hire an attorney, in relation to that? SUPERVISOR HORTON: That is correct, we will retain counsel in the event that the Attorney General's office does take a next step. However, we have gotten very mixed messages from the Attorney General's office, so we don't know where they are at or where they are going. MS. ADAMS: Well, what would you consider the next step? SUPERVISOR HORTON: I really don't know, Ms. Adams. I guess which was my point of making this public knowledge. MS. ADAMS: My under.., you made it public knowledge because you didn't understand it. SUPERVISOR HORTON: No, that it is not the case. MS. ADAMS: Well, why did you make it... SUPERVISOR HORTON: I made it public knowledge because I learned from the Attorney General's office that for, to use their words, for the better part of a year, possibly more, they have been conducting a full-blown investigation into the Southold Town Police Department and I felt as Supervisor, even though the Attorney General's office requested I not speak publicly on that matter, I felt that as Southold Town Supervisor that the people of Southold Town had a right to know and our law enforcement officers had a right to know that if the Attorney General's office was in fact conducting an investigation, by all means, it should include the Town of Southold and the Police Department. To date, that has simply not been the case. MS. ADAMS: Who is Mr. Macy? SUPERVISOR HORTON: He is an attorney. MS. ADAMS: From where? February 1, 2005 11 Southold Town Board Meeting SUPERVISOR HORTON: Garden City. MS. ADAMS: And how did you happen to hear of him? SUPERVISOR HORTON: We sought input of a number, you know, Board members who, you know, convened and brainstormed on different people that we knew to have experience in these fields and Mr. Macy's name rose to the top. MS. ADAMS: What is his field and what experience does Mr. Macy have? SUPERVISOR HORTON: He has experience in dealing with the Attorney General's office and also working with municipalities. MS. ADAMS: If the Attorney General is right and if his investigation in fact does show up failings of various... SUPERVISOR HORTON: Well, they are saying now that there is not an investigation. MS. ADAMS: (Unintelligible) they said that they are concluding their investigation, that was, you know, I didn't hear it, I didn't watch .... SUPERVISOR HORTON: That was my understanding as well but since I have made this public knowledge, the Attorney General's office is saying that in fact, they are not conducting an investigation so... MS. ADAMS: Well, it would depend on what you mean by investigating, what they mean by investigation and so on. SUPERVISOR HORTON: Right, right. MS. ADAMS: Uhm, later on, I will not do this now, I will take great exception to your handling of this entire Board. SUPERVISOR HORTON: Would anybody else care to address the Town Board on the resolutions? (No response) We will move forward with the agenda, starting with resolution number 37. #37 Moved by Councilman Romanelli, seconded by Councilman Edwards, 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.1310.4.500.300 Accounting & Finance, C.E. Substance Abuse Consultants $1,500 February 1, 2005 Southold Town Board Meeting 12 From: A.1310.1.200.100 Accounting & Finance, P.S Part Time Employees Regular Earnings Vote of the Town Board: Councilman Edwards, Councilman Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1,500 Ross, Councilman Wickham, #38 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following students from Mattituck High School to job shadow on Wednesday, February 2, 2005 at the Southold Town Police Department: Arielle Comellas Edward McDonald Andrew Miloski Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #39 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of the Peconic Land Trust to perform Stewardship Services related to the Town's land preservation efforts and authorizes and directs Supervisor Horton to sign the 2005 Contract for Services belween the Town of Southold and the Peconic Land Trust for the implementation of the 2005 Stewardship Projects, subject to the approval of the Town Attorney. Compensation shall not exceed $35,000 and the contract term shall be from January 1, 2005 December 31, 2005 Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Coruell Cooperative Extension to perform Stewardship Services related to the Town's land preservation efforts and authorizes and directs Supervisor Horton to sign the 2005 Contract for Services belween the Town of Southold and the Comell Cooperative Extension for the implementation of the 2005 Stewardship Projects, subject to the approval of the Town attorney. Compensation shall not exceed $20,000 and the contract term shall be from January 1, 2005 December 31, 2005 Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. February 1, 2005 Southold Town Board Meeting 13 #41 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of the Peconic Land Trust to perform Conservation Planning~ Acquisition~ and Professional Services related to the Town's land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed fifty thousand ($50,000.00) dollars and the contract term shall be from January 1, 2005 to December 31, 2005. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #42 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Addamo~ Aaron Avent* and Peter Doherty to full-th-ne position of Groundskeeper II, effective February 2, 2005, at a rate of $21.4500 per hour. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #43 Moved by Councilman Edwards, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold has declared the following vehicles to be surplus: ASSET # DESCRIPTION VIN # 2360 1998 Ford Crown Victoria - VIN 2FAFP71W5WX163146 2358 1998 Ford Crown Victoria - VIN 2FAFP71W1WX163144 and WHEREAS no bids were received, now therefor be it RESOLVED that the above items be declared unusable and be disposed o£ Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #44 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following hourly salary scale for the position of Driver Messenger effective January 1, 2002: For employees hired prior to June 8, 1999 Step 3 18.2027 4 18.7060 5 19.9187 For employees hired after June 8, 1999 Entry 14.6578 February 1, 2005 Southold Town Board Meeting 14 1 15.8578 2 16.3378 3 16.9861 4 17.4661 5 18.6672 Vote of the Town Board: Councilman Edwards, Councilman Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Ross, Councilman Wickham, #45 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution 867~ adopted at the December 14~ 2004~ regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Jayne Martin to a Temporary, Full-time position of Clerk Typist, effective December 13, 2004 ending April 1~ 2005, at a salary of $26,008.42 per annum. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #46 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund }Vhole Town 2005 budget as follows: To: Revenues: A.2705.40 Gifts and Donations $ 5,325.00 To Appropriations: Programs for the Aging A.6772.4.100.110 Contractual Expenses Program Supplies/Materials Vote of the Town Board: Councilman Edwards, Councilman Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 5,325.00 Ross, Councilman Wickham, #47 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution 8~ adopted at the January 18~ 2005~ regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bob Fisher, Fire Inspector, Michael Verity, Chief Building Inspector, Pat Conklin, Building Permits Examiner and Damon Rallis~ Plans Examiner to attend a training seminar on February 10, 2005. The seminar will be held at Hampton Bays Fire Department, 69 W. Montauk Highway, Hampton Bays, N.Y. from 8:30 a.m. 4:00 p.m.. This is part of the mandatory in-service training required for Code Enforcement Officials. February 1, 2005 Southold Town Board Meeting 15 Vote of the Town Board: Councilman Edwards, Councilman Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Ross, Councilman Wickham, #48 Moved by Councilman Edwards, seconded by Justice Evans, WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges against an employee and suspending that employee without pay pursuant to the Civil Service Law; NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby agrees to hire Valerie Marvin, Esq. as hearing officer in the disciplinary charges brought against a Town employee; and FURTHER, BE IT RESOLVED, that the Town Board hereby suspends the employee without pay for not more than thirty days pending the determination of the charges effective the day after the charges are served upon the employee; and RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard Zuckerman, Esq. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #49 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby approves the letter of credit nmnber 100294 in the an~ount of $100,000.00 of the Bank of Smithtown for the completion of improvements in the site plan construction for Laurel Links Country Club, Ltd. SCTM# 1000-125- 3-13, 15, 17; 1000-125-4-21,24.1; & 1000-126-7-1 located atthe north side of Main Road (State Road 25), Mattituck, New York, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #50 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Southold Town Planning Board to advertise for a Senior Planner for an additional two (2) weeks at an amount not to exceed $250.00. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. Abstain: Councilman Romanelli This resolution was duly ADOPTED. #51 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby adopts in its entiret¥~ the f'mdings and recommendations submitted by Stuart L. Bass~ as Fact Finder~ dated January 20~ 2005 relating to the CSEA contract with the Town of Southold. February 1, 2005 Southold Town Board Meeting 16 Vote of the Town Board: Councilman Edwards, Councilman Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Ross, Councilman Wickham, #52 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, pursuant to §Al06-11.B(2)(c) of the Town Code of the Town of Southold, Subdivision of Land, every new standard residential subdivision involving the creation of five (5) or more lots must comply with a twenty-five percent (25%) Affordable Housing Requirement; and WHEREAS, in satisfaction of the Affordable Housing Requirement, an applicant must construct at least ten percent (10%) of the total subdivision yield as affordable dwelling units; and WHEREAS, if the applicant elects to construct the entire 25% Affordable Housing Requirement, he is entitled to additional lots in proportion to the affordable units created in excess of 10%, in exchange for payment of a sum set by Town Board resolution, which shall be based on the average cost of development rights purchased by the Town; and WHEREAS, alternatively, an applicant may elect to meet the balance of the 25% Affordable Housing Requirement (above 10%) by paying a sum to the Town of Southold Housing Fund, which sum shall be set by resolution of the Town Board in consideration of factors such as the average cost of building lots and construction costs; and WHEREAS, the Town Board and Town staff have examined the cost of development rights purchased by the Town over the past year and have adjusted that figure to account for the additional lot incentive; and WHEREAS, the Town Board and Town staff have conducted an analysis of the average costs of building lots and construction costs within the Town of Southold, as well as other factors such as the costs inherent in the subdivision process and the cost of raw land; IT IS HEREBY RESOLVED that: 1. The sum to be paid by standard subdivision applicants for additional lots created pursuant to §A106-B(2)(c)(ii)(a) of the Town Code of the Town of Southold, Subdivision of Land, is set at $27,000 per acre, or $54,000 per two-acre lot. 2. The sum to be paid by standard subdivision applicants for affordable housina units not created in the subdivision pursuant to §Al06-11B.(2)(c)(ii)(b) of the Town Code of the Town of Southold, Subdivision of Land, is set at $50,000 per acre, or $100,000 per two- acre lot. COUNCILMAN ROMANELLI: I just would like to say that a few moments ago, you gave me some credit for these, for the work on this and I really have to say that the credit has to go it seems to Bill, a lot of time was spent on this. So, good job, Bill. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #53 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation of Jessica Cusumano, dated February 1, 2005, effective inunediately. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. February 1, 2005 17 Southold Town Board Meeting This resolution was duly ADOPTED. #54 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby retains the services of Joseph E. Macy~ Esq. in the matter of the Office of the Attorney General's investigation of the Town of Southold, at a rate not to exceed $200.00 per hour. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That brings us to the conclusion of the resolutions, I wanted to and I meant to do this at the beginning of the evening and we will jump right into the remaining public portion of this, but a program that I would like the Town of Southold to start promoting is in relation to safe pedestrian practices and safe bicycling practices and it was brought to my attention by a gentleman and I wish I could remember when it was but here at a Town Board meeting he recommended that the Town Board actually work with businesses that have employees and perhaps even school districts that have folks that walk in the dusk or you know, in the dark or perhaps ride bikes to and from work and we came across these lights and we have a couple of boxes of them, actually. We certainly don't have enough to supply the entire Town but I think it is something that we can get started with, that we could encourage people to clip them onto their bicycles, and I will turn it on and show you how it works. All of you may want to check in with me after the meeting. Not that you have to come to a Town Board meeting to get one of these but we do have them available and what we, we have several hundred right now, I believe, so we will try to distribute the several hundred that we have and then work to gain more. One thing that we can all say we notice is a lot of people ride their bicycles in the Town of Southold, whether it is recreationally or you know, as mode of transportation to and from work and it is very difficult to see bicyclists on the road and it is, you know, perhaps even people who walk in the road on the shoulder and this is just another way that we can help make our community safer and I am going to reach out to a number of businesses, I will probably even reach out, I see a representative of the Farm Bureau here right now. I would really like to see Long Island Farm Bureau sponsor this program because I know you guys are just flush with money and just ready to step and buy thousands of these and get them into the hands of people throughout Southold Town and the reason that I mention the Farm Bureau is because the area where many of our roads are dark are in the farm belt, along farm fields, there are very few street lights so maybe we can further a partnership for public safety and promoting safe transportation on bicycles and foot through this. So, once again, the other snazzy thing about this that I will say, is that this particular light has the Town logo on it. So when it flashes from afar, it flashes Town of Southold. No, it certainly doesn't have my name on it because then people would steer right at you. Wouldn't want to put anybody's life in jeopardy. We are going to work to promote this a little bit more but we do have several hundred of these available, at my office, so if you are watching or if you will be reading this in the newspapers, please, if you wanted to get your hands on one of these, check in and we will make them available as long as we have them on hand. Yes, they are free. UNIDENTIFIED: (From audience) A lot of migrant workers actually ride bikes. SUPERVISOR HORTON: Exactly, that is very true. February 1, 2005 18 Southold Town Board Meeting UNIDENTIFIED: That is a major safety issue and from the Farm Bureau's perspective, that would make a whole lot of sense to buy some of these and then make them available to the workers as they are coming. Spring and summer is coming. SUPERVISOR HORTON: Right and I mentioned Long Island Farm Bureau obviously because of that other reason but also, I didn't want to tread on water and you know, lead you to believe that it is just farm workers because we have many people of all walks of life and across a demographic divide, not divide but spectrum, that is the word I was looking for, thank you Tom, that ride bikes. You know, restaurants, you name it; there are people and a lot kids. I know since I was 12 years old or 11 years old, until the time I could drive when I was 17, I rode my bike to work. And, so we have a lot of people doing that. MS. EGAN: Maybe the PBA would be willing to pick up some of it. SUPERVISOR HORTON: Certainly. We will brainstorm and that is actually a very good idea, Mrs. Egan. Farm Bureau, PBA, we will reach out to some organizations to see if we can, you know, scrape together a few dollars for more of these and get them in the hands of the people that will benefit. MS. EGAN: How much do they cost? SUPERVISOR HORTON: That is a good question. I am sure that we can find better quality for even less than what these were purchased for. So. Good suggestions. Thank you, Melanie, thank you, Mrs. Egan. That brings us to the end of the resolutions. I do offer the floor to the public to address the Town Board on town related matters. Mrs. Egan. MS. EGAN: (inaudible) SUPERVISOR HORTON: Today is my daughter's ninth birthday and I have to get home to, ifI miss dinner, that is okay, I at least have to be able to get home and do a little birthday cake with her tonight. MS. EGAN: I don't .... SUPERVISOR HORTON: Not that you would keep us here, I am not insinuating that, Mrs. Egan. MS. EGAN: You wanted to run as Supervisor, you know it is a 24 hour a day job, you know that, dear. SUPERVISOR HORTON: Mrs. Egan, I have my cell phone. Don't make me play some of your messages into the microphone. MS. EGAN: Uh ah, uh ah. We would like to see and we celebrated Christmas twice, we did it right, dear. Now I did not ask and I should have, what is this number 37, drug and alcohol test and where do you plan on doing that and what are the legalities and have you checked it with the police and Mrs. Finnegan, has she checked? I know some schools on the south shore started .... February 1, 2005 19 Southold Town Board Meeting SUPERVISOR HORTON: Mrs. Egan, we can, it is actually related to, Pat, why don't you, you can explain this much better than I do. We do, we have a random drug and alcohol testing policy in place. MS. EGAN: Where? TOWN ATTORNEY FINNEGAN: It is in place for the drivers, mostly the Highway at this point. An employee that carries a CDL license is subject to random drug and alcohol testing. MS. EGAN: Now, explain, say that again? SUPERVISOR HORTON: If you carry, like for example, it would apply, the transfer station where we have large commercial trucks, the Highway Department... MS. EGAN: The police would do this? SUPERVISOR HORTON: ...the Department of Public Works, if you carry a commercial drivers license, a CDL, we retain the right and authority to do random drug and alcohol testing. MS. EGAN: Who does? The police officer? SUPERVISOR HORTON: No, the Town. COUNCILMAN ROMANELLI: We have an administrator. SUPERVISOR HORTON: And we have an administrator for that program that will do random testing and then the tests are obviously conducted by a lab. By a medical lab. MS. EGAN: And if the person that does it, he would then summon a policeman? Somebody... SUPERVISOR HORTON: It has got nothing to do with the Police Department. COUNCILMAN ROMANELLI: The police are not involved at all. TOWN ATTORNEY FINNEGAN: The police are not involved. It is an outside company that comes in and does the testing of whoever is randomly selected. MS. EGAN: Because I am sure that you all read or heard on TV, that a school, I think it was the East Hampton School or the Southampton School attempted to have breathalyzer's coming into school and of course, it is being fought because it is an invasion of privacy, there are ways of doing it properly you know, a teacher or a principal or somebody smells alcohol or sees that a child is under some kind of drug, there is a way of doing it without invasion, you know it should be done correctly, the parents should be contacted because .... SUPERVISOR HORTON: This is actually very similar, when I was, the program that we are referring to here, if you hold a commercial drivers license is very similar to when I worked in the ofl~hore tugboat industry out of New York, since I carried a merchant mariners license and was charged with February 1, 2005 20 Southold Town Board Meeting captain or mate of an ocean going tugboat moving oil, my company retained the right to subject me to random drug test. MS. EGAN: That is right. SUPERVISOR HORTON: And if, you know, if, for obvious reasons. MS. EGAN: And my husband was a ship's captain, any vessel, any tonnage and he also had his license for the Port of Maryland and Buzzard's Bay as a pilot; so I think I know a little bit, just a little bit more than you. SUPERVISOR HORTON: Wasn't he captain of the port for Houston? MS. EGAN: Huh? SUPERVISOR HORTON: Wasn't he also captain of the port for Houston? MS. EGAN: Well, that, a port captain is different than a captain. He was, he was many things. SUPERVISOR HORTON: That is right, he has got a very esteemed career. MS. EGAN: (inaudible) from Fort Schuyler. So, I do know that. So, let's get on with the uh, now, Mr. Harris, now, these snow storms were horrendous. There is no question about it. SUPERVISOR HORTON: Yes. MS. EGAN: And to the best of my knowledge and listening to other people, people seem to be reasonably satisfied with the job that Mr. Harris did on the Main Road. SUPERVISOR HORTON: Well, if I may... MS. EGAN: What he did on the side roads was terrible. SUPERVISOR HORTON: If I may before we get too much further into that, I want to say and I appreciate, it is nice to recognize Mr. Harris but I think Pete would acknowledge, just like I would acknowledge, that we are simply only as good as the people we work with. And the crews... MS. EGAN: And you are the boss and he is the boss. SUPERVISOR HORTON: The crews at the Highway Department... MS. EGAN: He did a terrible job on the side roads. SUPERVISOR HORTON: The Highway Department and the Department of Public Works and those that were called out from the Solid Waste Facility, really worked phenomenally, for long, long hours over the course of this most recent snow storm and I want to explain something because it is very February 1, 2005 Southold Town Board Meeting 21 important to know this. It is one thing, listen, I am not the Highway Superintendent and I don't profess to know all there is to know about roads but I will tell you this, I know a little bit about weather and when you have a 19 or 20 inch drop of snow in the midst of 40 to 50 knot winds... MS. EGAN: It is rough. SUPERVISOR HORTON: ... in an area where you have acres and acres and acres of fetch, which are the open spaces for the wind to blow across, keeping the snow ofl~ particularly off those side roads is very, very difficult. These, our crews would get out there and make a pass on a road, the wind would blow the snow right back on, just as soon as they came through the road, which made the job two or three times as difficult as it normally would be and from my estimation, what I could tell, having been on duty that whole time myself and been out and about and checking in on people and different agencies, they did a phenomenal job keeping our roads clear and insuring that any people were, access to public safety and to open up roads that potentially could have remained closed for days. MS. EGAN: Well I think part of the problem that I am speaking about was in regard, was after the storm and then the removal of some of the piles of snow and closing off roads that you couldn't get through and the traffic was backed up. It was bad. There has to be better planning. SUPERVISOR HORTON: Okay. MS. EGAN: There has to be better planning. Now of course, you said that the Department off DOT, you know the department of trash as I call it... SUPERVISOR HORTON: You said it, not me. MS. EGAN: Huh? SUPERVISOR HORTON: I said, you said it, not me. MS. EGAN: I said it and I will say it again. There is nothing, no progress seems to be made on the light up there by Love Lane and now you are going to start the parades and the traffic, this is now February .... SUPERVISOR HORTON: Mrs. Egan, when you and I discussed this and I brought your concern immediately to the Department of Transportation, as I know them to be, what they explained to me and I will explain it to you again and I will try to do it in clearer words, they have to, before they can, before the Department of Transportation or the County Department of Public Works can make a change to a light or the definition of a road, the physical definition of a road, they have to go through and this is, whether we like it or not or agree with it or not, this just is the process. MS. EGAN: It is hard. SUPERVISOR HORTON: They have to go through a very lengthy study, which in essence they would say is their justification phase, so they have to go through a very lengthy review as to should February 1, 2005 Southold Town Board Meeting 22 there be changes made and if so, what would those changes be. And they are in that process. They started that process a couple of months ago, our Transportation Commission endorsed the request and then, I should thank you again for raising that point. It is one of the many good points you brought to our attention. MS. EGAN: Yeah. Now, I missed a few meetings because of health reasons, so I have to ask a question and I didn't pick it up in the paper. Usually in December or January you all plan a trip into the city and then spend thousands of dollars. Have we done that, are we going to do it? SUPERVISOR HORTON: Do you want to come? MS. EGAn: Oh, no, no. I don't want to come, I send people in to watch you. SUPERVISOR HORTON: I know. MS. EGAN: Much cheaper that way. SUPERVISOR HORTON: But not as fun for us. We, it is actually in February. MS. EGAN: Hmm? SUPERVISOR HORTON: So it is coming up this month. And we belong to an organization called the Association of Towns. MS. EGAN: Yeah. SUPERVISOR HORTON: Which is a statewide organization designed specifically to support towns in ways of providing political lobbying... MS. EGAN: I know, some... SUPERVISOR HORTON: Well, let me finish. Because if you were to balance, if you were to put a price tag on that trip and wonder what do we get out of the Association of Towns, the Association of Towns provides in depth training for all of our departments and it is really hands on training, it is a phenomenal opportunity for municipal employees and public servants to gain even more expertise in their field and it takes only two or three days to do that and then to come back here and employ it. And this is offered by the Association of Towns. The other thing it provides is an incredible networking experience, we, to be in the job and to think that we know it all or that we have learned all there is to learn would be fool-hearted. To look to other towns and other municipalities and see how they are dealing with issues and what tact they have taken to address various needs, is a very fruitful experience. So there is technical training, there is the networking abilities, as well as our being represented at the Association of Towns provides us with a wonderful opportunity to have our voices heard in Albany and why is that important? I can point to one specific piece of legislation this year, that saved the Town of upwards of $25,000 out of our annual budget. That was brought to the mat, brought to the floor of the Assembly and the New York State Senate by the Association of Towns. So February 1, 2005 23 Southold Town Board Meeting I think its, if anything, we gain tremendously. It is such a worthwhile investment, I would always have to advocate for it. MS. EGAN: It is just that it does sometimes rankle people, especially since you gave yourselves such a nice big raise in December. Now, has there been any progress made, I think it came up either last meeting, either by myself or somebody else, about an alert system that they did not have over there in the islands in the Far East for the tsunami thing. And we were going to look into that. SUPERVISOR HORTON: It is, I mean, I think about that... MS. EGAN: I think you had better... SUPERVISOR HORTON: Well, no, I ..... MS. EGAN: Thinking is and move on. SUPERVISOR HORTON: Mrs. Egan, you ask a question and I try to answer. MS. EGAN: I know. SUPERVISOR HORTON: I really don't know, if you think about the magnitude of that grave and awful situation that took place in the Indian Ocean and the surrounding countries that were affected by the tsunami, there was essentially five hours, I believe, five hours from the time the earth shook to the time that that wave made landfall. We can't, right now we can't get to New York City in two hours, getting on the ferry and I am just thinking this through and I don't, you know, I really don't have the answer. Heading north on the ferry only puts you an hour and a half closer to the water... MS. EGAN: I know and it is a problem. SUPERVISOR HORTON: And many people have made reference, scientists have made references and I have done a lot of reading on this topic because it is something that is of concern to me, just personally. MS. EGAN: So have I. SUPERVISOR HORTON: And the one fault line that has been identified or I believe it is a volcano, that has been identified is off the Canary Islands... MS. EGAN: That is right. SUPERVISOR HORTON: Which is a far cry closer to us than many of the countries were in relation to the fault line that moved or shifted just recently in the Indian Ocean. MS. EGAN: Yeah, well the... SUPERVISOR HORTON: I appreciate and share your concern... February 1, 2005 Southold Town Board Meeting 24 MS. EGAN: What they feel, the geologists and the weather people feel is that something will break off from West Africa and hit the Canary Islands and either bounce up to England or across to us, depending upon the wind and the fide. And the projection of these people really feel it will be from Labor Day or towards Thanksgiving. So you have plenty of time to put your thinking caps on and get busy and when you are in the City, when are you going? In March? SUPERVISOR HORTON: No, in February. MS. EGAN: In February. Well, when some of you are attending other meetings, perhaps you can speak to people in the City and start finding out, again, you don't want to be caught with your drawers down. SUPERVISOR HORTON: And I will say, I will say to date, since I have been here, we have received this much assistance from Suffolk County and this much assistance from the State of New York and this much assistance from our federal government when it came to reaching out and asking for assistance in all, you know, on other emergency preparedness matters that are, that we deal with on an annual basis, such as hurricanes and tidal surge, I am just not confident that the county is going to go to bat for us. MS. EGAN: No, well that is why I say you have to fend for yourself. You ought to get in touch with Bishop Murphy, he got a $4,000,000 grant for affordable housing for seniors. SUPERVISOR HORTON: Okay. MS. EGAN: You ought to get in touch with him. SUPERVISOR HORTON: Thank you, Mrs. Egan. Are there other comments from the floor? Ms. Adams. MS. ADAMS: Why did you all give yourselves that raise in the fashion that you gave yourselves that raise and isn't there a better way of doing it? A fairer way, with public comment and not just like, because actually you all lied, I think, on the record, various times when asked about the budget and your personal raises. Isn't there a better way of doing it? And you, I believe, Mr. Horton, you one time said you were going to refuse it and then changed? SUPERVISOR HORTON: I will say now what I have said all along. I have never asked to be compensated in any way other than... MS. ADAMS: You asked to be Supervisor. You are asking to work with these people, you are accepting their, this interaction... COUNCILMAN ROMANELLI: Because we... MS. ADAMS: You could say no, you could say let's establish legislation so that this is not done so unfairly. This little group of people saying, 'Yeah, yah, we are marvelous, let's give us some' February 1, 2005 25 Southold Town Board Meeting SUPERVISOR HORTON: Okay, so... MS. ADAMS: You bought a house and now we can pay for it... SUPERVISOR HORTON: So you are, Miss Adams, I guess we could put on record your opposition to that and it will be part of the record. MS. ADAMS: No, I would, have you discussed... SUPERVISOR HORTON: Excuse me, Ms. Adams .... MS. ADAMS: ... better ways of doing it, excuse me, I have a right to speak also. SUPERVISOR HORTON: You certainly do. MS. ADAMS: Thank you. Have you discussed better ways of doing it? COUNCILMAN ROMANELLI: Yes. SUPERVISOR HORTON: Yes. MS. ADAMS: A fairer, open way. Are you going to develop legislation or develop methods? COUNCILMAN ROMANELLI: No. This Board as a whole decided over the years how the salary has not increased and how the work effort that is involved and the time that is involved to do the job and to deal with the issues and the people involved with the job, that it was warranted at this time that this Board increase the salaries across the board because it takes a lot of time and a lot of effort and a lot of patience, that is worth something to put up with the amount of work that is involved and the amount of questions and the amount of explaining and the amount of time involved to get it across to the people what we are trying to do. So many of us and Supervisor, not just Josh, but Supervisor's in the past were underpaid, in my mind, for the hours that goes into dealing with this job. MS. ADAMS: Your mind, sir, is not one that I... COUNCILMAN ROMANELLI: Well, you know what? When I was voted in by the people, my mind was voted in to make decisions .... MS. ADAMS: You almost withdrew, you were going to leave the Board... COUNCILMAN ROMANELLI: At the end of my term. So, here we are filling out my term and when I was voted in, I was voted to make decisions, my mind was voted in, I brought this forward, I believe it is very valid. You know what? You won't have an opportunity to vote for me again, but if you did, don't vote for me and then you can move on. MS. ADAMS: Believe me, I don't. February 1, 2005 26 Southold Town Board Meeting COUNCILMAN ROMANELLI: That is wonderful. MS. ADAMS: May I ask you this, Mr. Romanelli? COUNCILMAN ROMANELLI: Sure. MS. ADAMS: The Town of Southold was split in half with this gas catastrophe, it really could have been a catastrophe and you have done nothing but advertise your business. COUNCILMAN ROMANELLI: That is correct. MS. ADAMS: And it is disgusting. COUNCILMAN ROMANELLI: Well... MS. ADAMS: As a politician in the Town of Southold... COUNCILMAN ROMANELLI: It has nothing to do with politics, Ms. Adams. It has nothing to do with politics. MS. ADAMS: It has avarice and no sense of decency. COUNCILMAN ROMANELLI: It means a lot, coming from you. MS. ADAMS: Well, okay. We agree about each other, that is fine. Next, does this Town Board, how much did you all give yourselves in a raise this time? SUPERVISOR HORTON: Ms. Adams, you keep rehashing the matter... MS. ADAMS: I am not rehashing, I am asking for the sum, you got $20,000, right? SUPERVISOR HORTON: It was published, subject to two public hearings and then voted on... MS. ADAMS: I believe Mr. Wickham denied, maybe he was joking, denied that it was going to be in the budget. I think if you review the tapes and what a lot of you said, you will find it was not a totally straight forward (inaudible). SUPERVISOR HORTON: It was... MS. ADAMS: How much has the Town Board raised its own .... SUPERVISOR HORTON: The salary of Supervisor was $63 and change and I believe now it is $83,000. MS. ADAMS: I am asking what the Town Board... February 1, 2005 27 Southold Town Board Meeting SUPERVISOR HORTON: And the Town Board was $24,000 and is now essentially right at or below $28,000. It is right at $28,000. MS. ADAMS: Okay. The Town Board still does not have offices, the Town Board still does not have telephones... SUPERVISOR HORTON: You are incorrect about that. COUNCILMAN ROMANELLI: No, no. We have offices now, we have telephone, we have a desk. MS. ADAMS: Where? Where is it? COUNCILMAN ROMANELLI: We have an office right here in this building, what was the Town Attorney's office. Things have greatly improved for a Board member over the last seven years, there is no doubt about it. We now have a spot to work, we have a desk, we have a telephone, we have offices, we have better communications. MS. ADAMS: You each have a desk and a telephone? COUNCILMAN ROMANELLI: No, but we all don't need one. That would be a .... MS. ADAMS: (inaudible) need one, as far as I can see. I know I have never been able to reach any of you. SUPERVISOR HORTON: Ms. Adams, to answer your question directly, the Town Board as a whole has a Town Board work room which is the office that... MS. ADAMS: You mean the conference room? SUPERVISOR HORTON: No. At one time was occupied... MS. ADAMS: The Town Attorney's office. SUPERVISOR HORTON: Yes, at one time was occupied by the Town Attorney. That office belongs to the Town Board, it consists of a telephone, a desk, there is a laptop available to the Town Board, you know, for internet connection. MS. ADAMS: But ifI want to talk to one of these people because they are on a committee or because you have told them to give me information, which they have not given me. SUPERVISOR HORTON: You can always call the Town Clerk's office or even my office to leave a message for a Town Board member to call you back. You have to understand, they are not full-time, these are not full-time positions. COUNCILMAN ROMANELLI: And we get your memo's all the time, I mean, it is not like you don't know how to get in touch with us. We have been getting mail from you forever. February 1, 2005 28 Southold Town Board Meeting MS. ADAMS: I know, no, no, I realize that. And I realize my typewriter has a very poor ribbon and I apologize for that. COUNCILMAN ROMANELLI: Yes, it does. MS. ADAMS: It really does. But in terms of direct communication and getting an answer and getting material, you aren't accessible. COUNCILMAN EDWARDS: We are in the book. MS. ADAMS: Well, Mr. Ross is in the book and I never, you know, I have never been able to reach him. And he was instructed to give me certain information. COUNCILMAN ROSS: Didn't I respond in a letter to you, Ms. Adams? MS. ADAMS: Not really. Not really. You did not really give me .... SUPERVISOR HORTON: Well, it was... COUNCILMAN ROSS: It answered the question. MS. ADAMS: ...beans. No beans. COUNCILMAN ROSS: I gave you a copy of the deed, didn't I? MS. ADAMS: I had a copy of the deed. SUPERVISOR HORTON: Are there other... COUNCILMAN ROSS: Well, that is what you asked for. MS. ADAMS: That means nothing. I mean, I appreciate it, I had it. SUPERVISOR HORTON: Are there other questions for us, Ms. Adams? MS. ADAMS: Anytime problems are raised, criticisms are raised, you want to run away and give your daughter candles. COUNCILMAN ROMANELLI: Oh, come on. MS. ADAMS: No, really. I think it is insulting, you meet twice a month... SUPERVISOR HORTON: Ms. Adams .... COUNCILMAN ROMANELLI: You are right, it is insulting, you are insulting. February 1, 2005 29 Southold Town Board Meeting MS. ADAMS: You could keep your schedule open... SUPERVISOR HORTON: Ms. Adams, the question I just asked you before you accused me of wanting to run away and give candles to my daughter .... MS. ADAMS: Well, I believe you do. SUPERVISOR HORTON: Excuse me... MS. ADAMS: This is something I am here to say. One of the things I am here to say tonight. SUPERVISOR HORTON: But the thing I just asked prior to you accusing me of that was, is there anything else you would like to address to the Board? MS. ADAMS: Yes. SUPERVISOR HORTON: Which is not a run away question. MS. ADAMS: It is a statement. I think you could keep two evenings or two afternoons free to listen to the problems of the people of the Town of Southold. And not have, last time I was here, you had an appointment at 6:30 and you were poised to go .... SUPERVISOR HORTON: Ms. Adams... COUNCILMAN ROMANELLI: I think that is almost all Mr. Horton does. SUPERVISOR HORTON: Ms. Adams, for the record, I am in Town Hall at a minimum five days a week, beyond that .... MS. ADAMS: That is not acceptable, Mr. Horton. SUPERVISOR HORTON: Beyond that, I keep my office open Wednesday nights for people to either make appointments to come and see me, if they can't come in during the day because they have busy work lives or they just prefer to come in during the evening time when it is closed and people often frequently just stop by. I do tell people, if you do just stop by, there may somebody or several people that have made appointments. MS. ADAMS: How much time do you allow to a person at that time? SUPERVISOR HORTON: It would really depend on the subject matter and how many people are here to see me that evening. MS. ADAMS: Do you consider that sort of a democratic, I know you are not a Democrat, a Conservative pol, p. o. 1 ..... SUPERVISOR HORTON: You know what, Ms. Adams? February 1, 2005 30 Southold Town Board Meeting MS. ADAMS: Well, do you? Because that is how I see it, I don't see it as someone doing there job... SUPERVISOR HORTON: I am... right .... MS. ADAMS: I see it as a little gimmick. SUPERVISOR HORTON: I can appreciate that, but at the same time disagree because my Wednesday evening office hours have brought my office that much more into the public hands and issues that you, that one would never even think are issues .... MS. ADAMS: (inaudible) SUPERVISOR HORTON: Excuse me, Ms. Adams, let me finish. Ms. Adams, ifI may finish. MS. ADAMS: (inaudible) the whole structure of the Town would fall apart if we admitted a problem or two. SUPERVISOR HORTON: My Wednesday evening office hours have given people more access to my office than I think ever before. Some nights are very, very busy and some nights just a couple people come by but oftentimes it is to address something that is important only to them and we manage to find, get answers to questions, find resolutions to situations and really establish a wonderful link between me and many members of the community that have come in to speak with me. MS. ADAMS: Mmmhmm. SUPERVISOR HORTON: It is fulfilling to me and I think, by and large, it is... MS. ADAMS: But they don't criticize you and they don't raise questions that you don't want to deal with... SUPERVISOR HORTON: If you could be a fly on the wall in my office. MS. ADAMS: Pardon? SUPERVISOR HORTON: If you could be a fly on the wall in my office. MS. ADAMS: I would not want to be... SUPERVISOR HORTON: Believe me, I am not lacking... MS. ADAMS: I would not want to be in your office at all... SUPERVISOR HORTON: I am not lacking for criticism. February 1, 2005 31 Southold Town Board Meeting MS. ADAMS: When you ran for office, Mr. Horton, I for one couldn't find out where you lived, I knew nothing, I still know nothing about you. SUPERVISOR HORTON: Well, it is interesting, Ms. Adams because I believe my family received a letter or I received a letter where you recalled many items about .... MS. ADAMS: That was .... SUPERVISOR HORTON: No, no, excuse me .... MS. ADAMS: That was three months ago. SUPERVISOR HORTON: Excuse me, Ms. Adams. MS. ADAMS: I am talking about three years ago. SUPERVISOR HORTON: No, let's, excuse me, Ms. Adams, I recently received a letter from you that described, in detail, your views on how and why my poor uncle committed suicide at a time before I was even born. You made extremely strong comments about my mother, you made extremely strong comments about my grandfather, about many members of my family. And Ms. Adams, quite frankly, you to date have not been somebody that I feel I can speak with rationally and I am sorry for that. MS. ADAMS: Well, okay. I think your concept of rationale and mine are entirely different. I think it is rational to ask your Town Attorney, when she was ordered by a judge, to protect my car. She didn't do it. Why not? SUPERVISOR HORTON: Ms. Adams, I believe your case was settled in court. MS. ADAMS: It is not settled, no. There are appeals all over the place. You are totally wrong. Even so, this is something that occurred, it has to be brought up, it has to do with a firm you continue to work with, it has to do with your police department. It has to do with your ethics, sir. The ethics of the Town of Southold. The intelligence, the knowledge, the honesty. SUPERVISOR HORTON: Okay. MS. ADAMS: And you are, whenever anything is uncomfortable, you will run away from it. I would like to know, you did get an order from Judge Smith in Riverhead, right, before you were the Town Attorney, when you were the Assistant Town Attorney? COUNCILMAN ROMANELLI: This goes back to that whole rational question. MS. ADAMS: That is irrational? The judge is irrational? SUPERVISOR HORTON: Stop, John. We'll get through it. MS. ADAMS: (Inaudible) February 1, 2005 32 Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: The matter is still in litigation, as far as I know. I asked Ted's Auto Body to retain your car. MS. ADAMS: You asked them .... TOWN ATTORNEY FINNEGAN: Yes. Which is what the court asked me to do. MS. ADAMS: Okay. But they did not do that. Is that right? TOWN ATTORNEY FINNEGAN: They had, I do not know the status of it right now, it was my understanding at that time, when the judge ordered it, that the vehicle had already been partially disassembled. Because you had not responded to Ted's, the vehicle had been there for a long time, Ms. Adams and you knew it was there and you had to work that out with Ted's. SUPERVISOR HORTON: And Ms. Adams, we are not going to get into a protracted argument about the matter. You can write, you can call, just like many people throughout town do and I believe it is a matter that is still in litigation. MS. ADAMS: A lot of things are in litigation. Life is at litigation, sir. SUPERVISOR HORTON: Okay. MS. ADAMS: Okay. SUPERVISOR HORTON: Are there other .... MS. ADAMS: No, there is, I spoke to the gentleman who is manning the table and I was going to bring in my photographs of my car, what Ted did to my car. I would like to state that this company, which I will not repeat the name of again, one, the wife of one of the owners is employed by the Town of Southold as a radio operator by the police department. Two, you have a rotating list where you take cars to, when they are for one reason or another towed. Three, I went into Ted's, to this place, and I was given a bill for $100 and I asked them 'what is it for?' and I still have not gotten an answer. I also got contradictory information, lies, they have been lying a great deal and I think this is something you should consider. You should consider where you allow your police to take cars, what is done with them, if they are handled within the law or outside of the law... SUPERVISOR HORTON: Okay. MS. ADAMS: And should just not say that is irrational. It is a car, it is a possession. They are lying and even their, the wife, who is a fairly decent woman, has adopted the lies. And I don't like it and I think you should not take cars to places like that and have them destroyed and have your Town Attorney not follow a judge's order to protect the car, in the condition it was in, at the time of the order and all of these things should be discussed publicly if they have to be. SUPERVISOR HORTON: Okay. February 1, 2005 33 Southold Town Board Meeting MS. ADAMS: Okay. SUPERVISOR HORTON: Yes indeed. Thank you. MS. ADAMS: And there are a lot of problems with the police department and if the Attorney General does not pursue you, I hope you all finally open yourselves up to having formats where these things can be looked into because many of your police are atrocious. SUPERVISOR HORTON: Okay, Ms. Adams. Thank you. MS. ADAMS: You are welcome. Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that this Regular Meeting of the Southold Town Board be and hereby is declared adjourned at 6:53 P.M. Vote of the Town Board: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: Thank you for coming. Elizabeth A. Neville Southold Town Clerk