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HomeMy WebLinkAboutTB-04/08/2003SOUTHOLD TOWN BOARD GENERAL MEETING April 8, 2003 4:30 P.M. A regular meeting of the Southold Town Board was held Tuesday, April 8, 2003 at 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 Town Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR HORTON: Welcome to the winter version of the public meeting this afternoon, the 4:30 public meeting. Please rise and join in the Pledge to the Flag with me. Please remain standing for a moment in acknowledgement of our service people and their families. Thank you. It is the policy of the Town Board to appropriate two portions of the Town Board meeting to give members of the public the opportunity to speak and address the Board. The first allotted time will be prior to the reading and voting on any of our resolutions that are on the printed agenda. You may address the Board to discuss any of those resolutions, I ask that when you do, you use one of the two microphones located at the front of the room. State your name and place of residence for our public record. When we are through with our resolutions, we will off'er the floor to the public again to address the Town Board on any town related issues or business that you might have. As well, on file we have various reports and public notices and communications and they are available for you to read at the Town Clerk's Office, Monday through Friday, 8:00 A.M. to 4:00 P.M. I do have one piece of communication that I would like to read and it is a letter from PERMA, which is the Public Employer Risk Management April 8, 2003 2 Town Board Meeting Association. And this letter came addressed to me and it is from a Senior Loss Control Consultant. "Dear Supervisor Horton, I would like to take this opportunity to congratulate you (and this letter is not necessarily about me, it is more about the two people that I will mention next) Mr. John Cushman and Ms. Karen McLaughlin, Town Department heads and Town employees, for the significant loss ratio on your workers compensation benefits. From 1999 to present, the Town of Southold's loss ration has been steadily decreasing as noted below for your review (and it notes the various decreases in the loss ratio) This excellent loss ratio is a direct result of the reduction of the number of claims which will help in controlling your overall workers compensation contribution. But more over, it shows that Southold Town is providing a safe work place for all Town employees and that a safety philosophy is developing. I feel that this progress would not happen if not for Mr. Cushman's dedication and hard work, as well as Ms. McLaughlin's commitment to safety. Again, congratulations on this accomplishment." And on behalf of the Town Board, we acknowledge and thank both John Cushman and Karen McLaughlin's efforts in this. We will move ahead. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $331,706.43; General Fund Part Town bills in the amount of $31,780.10; Highway Fund Whole Town bills in the amount of $75,842.54; Highway Fund Part Town bills in the amount of $45,198.80; Capital Projects Account bills in the amount of $717,199.90; Landfill Cap & Closure bills in the amount of $47,877.30; Community Preservation Fund (2% tax) bills in the amount of $225,928.83; New London Terminal Project bills in the amount of $21,468.44; Compost Land Acquisition bills in the amount of $2,506,138.55; Employee Health Benefit Plan bills in the amount of $21,134.64; Fishers Island Ferry District bills in the amount of $50,542.13; Refuse & Garbage District bills in the amount of $228,361.36; Southold Wastewater District bills in the amount of $1,237.12; Southold Agency &Trust bills in the amount of $8,189.11 and Fishers Island Ferry District Agency & Trust bills in the amount of $50.15. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board be held Tuesday, April 22, 2003 at 7:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Town Clerk Monthly Report March 2003 2. Southold Town Justice Court, Bruer March 2003 3. Southold Town Justice Court, Evans - March 2003 4. Southold Town Justice Court, Price March 2003 5. Scavenger Waste Treatment Facility March 2003 6. Bay Constables Yearly Activity Report 2002 7. Juvenile Aid Bureau March 2003 April 8, 2003 3 Town Board Meeting II. PUBLIC NOTICES 1. Department of the Army, NY District, Corps of Engineers, Notice of request for authorization for Joseph Pendergast to construct a pier assembly, float, and moorings pilings in West Harbor, Block Island Sound, Fishers Island, Town of Southold. Comments by April 14, 2003. III. COMMUNICATIONS 1. Letter to Southold Transportation Commission Chairman Neboysha Brashich from Richard Causin, NYS Department of Transportation, re crosswalks at Route 25 in Southold and Mattituck. 2. Letter to Supervisor Horton from Frank Laurita, Public Employer Risk Management Association, re significant and excellent loss ratio on workers compensation benefits. SUPERVISOR HORTON: I was not able to attend this mornings work session, I was quite ill so I stayed at home in hopes of gaining some strength and clarity to get to this meeting, the public portion of the meeting. So, John, thank you for coaching me along here. COUNCILMAN ROMANELLI: No problem. SUPERVISOR HORTON: I would like to off'er the floor to members of the public that would like to address the Town Board on any of the posted resolutions. JOAN EGAN: Thanks for coming aboard, Josh, I know it wasn't easy. Good Afternoon, Mr. Horton, Mr. Romanelli, Mr. Moore, Mr. Richter, Mrs. Evans, Mr. Wickham, Mrs. Neville and Mr. Yakaboski. Okay, now for discussion, I don't know whether this is in a resolution but I don'~what is the difference between the grievance board and the Ethics Board and the Grievance Board, is that a paid thing or is that a volunteer. SUPERVISOR HORTON: The Grievance Board in that particular matter, I believe will be made up of our Labor Counsel as well as one of one of our Town Attorney's. Our Assistant Town Attorney. And that is to hear specific grievances that pertain between Town employees and the Town Board in reference to the CSEA contract or the PBA contract. MRS. EGAN: And then do they patch that through to the Ethics Board, if necessary? SUPERVISOR HORTON: The two aren't related. MRS. EGAN: I see. Are they paid? Is this paid? SUPERVISOR HORTON: It is not paid outside and above. It is not additional costs. It is within... MRS. EGAN: Alright, fine. Now, this resolution #214. SUPERVISOR HORTON: Were you hoping to get in on some of the Grievance Board action? MRS. EGAN: Absolutely. Why are we using a Southampton High School as a participant in the BOCES? Why not our, somebody from our schools? I gather some of you didn't read these... I can April 8, 2003 4 Town Board Meeting understand Mr. Horton not having had read them. I would think most of you would have memorized it by now. COUNCILMAN ROMANELLI: This was a, it is for a nine day internship program. That is all it is. MRS. EGAN: I don't care. Why, why, I think you should vote .... COUNCILMAN ROMANELLI: You know what, Mrs. Egan, Lieutenant Flatley is behind you and he is going to explain it. MRS. EGAN: He is right here? COUNCILMAN ROMANELLI: Yes, he is. LIEUTENANT MARTIN FLATLEY: I will explain very quickly. We participate in the BOCES program internship, the BOCES program is all the East End High Schools and it just so happens that the first intern that is coming to us is from Southampton. The next intern will be from Southold. MRS. EGAN: Good. I think Southold should have come first. SUPERVISOR HORTON: Sometimes it is a consortium of educators. MRS. EGAN: Okay. #215, we need another Justice Court person? Another person on the payroll who doesn't know anything? SUPERVISOR HORTON: Actually, this is an intern and she will serve without compensation and I think, again, in keeping with the Town's efforts to reach out to youth and high school students to incorporate and bridge the gap between government and education and provide a platform for people to get involved. MRS. EGAN: Now on #216, having served in a volunteer position in the nursing here at San Simeon and also when the food thing was at St. Agnes and I did volunteer work there for the seniors, it is not only my observation but my experience that this kind of furniture must be washable. These people have a problem, I don't think I have to go into detail. So, whoever purchases that furniture should make very sure that it is washable and no carpeting because they do things on the floor. SUPERVISOR HORTON: Thank you. We will make sure that that is addressed. MRS. EGAN: Good. Okay, now what is this, where, item 217. South Shore Docks, Inc. Where are they from? The south shore, right? We don't have anybody here on the north shore to do that. Keep the business in town, correct? SUPERVISOR HORTON: That was put out to bid, so anybody that was in that line of work had the opportunity to bid on that job and this company, from East Quogue, happened to come in the bid that won the lowest cost. April 8, 2003 5 Town Board Meeting MRS. EGAN: I see. Now, item 220. Mr. Romanelli, let me tell you, people are absolutely, positively disgusted with the program you have set up. A lot is their own fault because they didn't come to the meetings and they didn't read the literature that they were probably sent which probably was reviewed in the Suffolk Times and hopefully, the Traveler Watchman. We do advertise in both papers, don't we? Let me tell you, to the best of my knowledge, people are still lining up the black bags and you don't want the black bags. So they dump the bags out, you know what is going to happen, Mr. Romanelli? You think people are really going to do all of that? No. They will dump them on the beach, they will dump them in the Bay, they will get rid of them. You have created a problem that you cannot solve. It is a mess and I don't think you are really thinking in advance especially for the people up there on Church Street who have the bugs and the rats and all coming in. You did a lousy job. Now, we have a problem apparently, with the Police Dispatchers. Maybe Lieutenant Flatley can explain to us why we have such a rapid turnover, to the best of my knowledge, there are probably two reasons. One is they don't get paid enough and the other one is that they maybe don't have good leadership. Did you want to address that at all, Lieutenant? SUPERVISOR HORTON: Mrs. Egan, if you would address the Town Board, please. MRS. EGAN: I am. SUPERVISOR HORTON: Thank you. MRS. EGAN: I am not finished. Every time you get to me, it takes me longer, you know that Josh. Oh, I think the one resolution about sending Mrs. Neville, she is marvelous, she works beyond the call of duty, oh, yes, item 238, here we go again, overtime for the laxx~ers. This is again, what happens is, we get a laxx~er comes in, they do a little job, they disappear and then we get another laxx~er come in and then they have to go over all of the old records and there is no continuity. So, then this means a tremendous lot of expense. Maybe if you had a better Town Attorney, he could supervise it more appropriately. Absolutely horrible the money you are spending. Now, there was something, I don't have the up here but it is down here and that is you are now going to start cutting back on funds for the parks and I think that to a greater degree is great. I address the fact that you wanted to spend money out in the East Marion/Orient place out there by, you know, across from the chapel, to spend a lot of money. You know, where for put new this and new that and when I addressed it at the meeting out at Orient I said this is only another place where drugs will be passed and the fast answer from out there and up here was "The police will see that that doesn't happen." I think Lieutenant Flately knows as well as I do, we don't have enough policemen and you can't do it anyhow. So, I am glad. Cut back any of these moneys that you don't have to spend because I am telling you, Supervisor Horton, this town is in a mess. So, I will conclude by saying good luck and hope that I sit down. Bye. SUPERVISOR HORTON: Thank you, Mrs. Egan. Mr. Carlin. FRANK CARLIN: Frank Carlin, Laurel. I only have one, Josh. #222. Transfer station. Back in 2000, we had a, $1.3 million was planned for transfer station. Whatever, do we have any kind of transfer station at all there now? COUNCILMAN ROMANELLI: Mr. Carlin, what we have there now is what we are calling the transfer station. What you are referring to in there, where money was appropriated for the transfer April 8, 2003 6 Town Board Meeting station, that again was put in the capital budget, never spent. I think Jim Bunchuk, our Landfill Coordinator, put that money for an upgraded transfer station for at least the last five years, in the capital budget, never spent. Now, Jim thinks that he has a plan that works better with the new entrance and land and this resolution is just to hire a consultant to do again, the SEQRA review that we do on everything on a proposed new transfer station. MR. CARLIN: You know, that is about what, well, you don't know exactly because you are putting it out for how much it is going to cost, do you? COUNCILMAN ROMANELLI: We haven't done that yet. We have a conceptual plan for a transfer station, if it goes forward it would be, I am sure public hearings would be held on it. We would have to bond the money, so a public hearing would be held on that. And at that point, there would be more details and a more accurate plan of, something that you could comment on. MR. CARLIN: Well, to take for example, $1.3 back in 2000, a million was planned back in 2000, $1.3 million. COUNCILMAN ROMANELLI: And you know it didn't go down from there. MR. CARLIN: No, I know that, nothing goes down. Well, let's say now Mr. Bunchuck says 1.3 and now he wants his, he is trying to convince and I am going to get into this in great detail later, which I promised you last Town Board meeting I would, on the landfill; but he wants to convince the Board to build his Taj Mahal down there for $2.6 million. Now if you add this one, he is talking about $4 million but I want to speak on that in great detail at the end of the Board meeting. SUPERVISOR HORTON: Thanks, Mr. Carlin. KATHY TOLL: Kathy Toll, Greenport. I have a question, I was listening in on the work session today and my understanding was that Jim Bunchuck said that that plan has been published and we are talking about bonding for and all and that we are now talking about item #222 having environmental study for it. This afternoon he said that it was only a concept. COUNCILMAN ROMANELLI: That is right. MS. TOLL: And doesn't it seem to be very early in the stages to hire consultants when the concept may change radically? It just seems like a big expense for merely a concept. COUNCILMAN ROMANELLI: Right and I just mentioned earlier it was a conceptual plan that the SEQRA was being done on. The plan is a concept that has been refined but it has sort of been out there for a long, long time. It has been refined now because of the land next door and the potential of bringing an entrance off of Cox Lane. Even if the plan changes in design, a SEQRA study still has to be done, no matter what. And as early on in the process as possible. MS. TOLL: Does it make sense though, that when you are hiring the consultants and the designers to hire them to work jointly so that all the planning is done progressively rather than a SEQRA study, a April 8, 2003 7 Town Board Meeting plan; another SEQRA study on the differences of the plan and then another plan based on the SEQRA study changes .... COUNCILMAN ROMANELLI: This plan didn't come up over a weekend. This plan and the conceptual plan has been out there and talked about, as I said, Jim has had it in his budget for at least the last five years, as far back as I can remember. And I believe it was in there before I got on the Board. So it is not a, the concept and the idea of what we are talking about is nothing new and with all the engineers that have worked in the landfill and on the capping process and the compost side of the last five or six years, actually longer, we have gotten a lot of input. So again, it is a transfer station that we don't think that the Town is ever going to close. I mean, it is a transfer station, our garbage has to go somewhere. So, there has been a lot of input over the years, many engineers, many consultants, many surveyors and many of the public on what the concept should be. MS. TOLL: Yet there had been discussion at a prior meeting, I think it was $86,000 simply for the design components to this plan. Another step forward and all I am suggesting is that, kind of from a planning concept, working in government myself; we usually at the foundation of a project attempt to bring together the people who will be involved in that project and I am suggesting that perhaps now is not the time for Nelson, Pope and Voorhis until there is a, a bringing together of all those elements that are going to contribute into this, so that they can work together rather than working apart from each other. And that is my suggestion regarding #222. COUNCILMAN ROMANELLI: I am just a little confused. I don't know where, I don't understand where you think everyone is working apart from each other. MS. TOLL: I am not saying that they are working against each other. You don't have your $86,000 planner. You are claiming that there is always going to be a transfer station there. That there are going to be changes to this transfer station, if that is so, you are going to have to hire a designer for this transfer station. I heard a sum of $86,000 floated in the past and then you are also going to have a SEQRA review on the project and what I am suggesting is that since one impacts the other, that you bring them together at the beginning of a project and let them work together rather than have a SEQRA review and then a project person and have the project person make a change that then has to be re- examined by the SEQRA review people, so I am suggesting working together instead of piecemeal. COUNCILMAN ROMANELLI: I think the SEQRA people doing the SEQRA review are going to look at all the plans that came up over the years, it is part of their job, to look at all the ideas and all the concepts and all the ideas and all the thoughts. MS. TOLL: Than do we need the $86,000 people? COUNCILMAN ROMANELLI: You didn't see us spending money on that one yet because we all asked ourselves the same question. So that is why you don't see a resolution anywhere about hiring this firm for $86,000 to do yet. We are all talking about that yet also. MS. TOLL: Therefore, John, would it not be appropriate or did you say that perhaps after Nelson, Pope and Voorhis go with their report that perhaps it is going to be one of these prior plans that are going to be brought forward rather than hiring a new designer. April 8, 2003 8 Town Board Meeting COUNCILMAN ROMANELLI: It could be one of the prior ones or it could be a change come from the study; that says all of the prior plans were nice but you know what? Maybe if you do this, it is even better or has less of an impact. MS. TOLL: Okay. COUNCILMAN RICHTER: Kathy, one of the things that SEQRA does perform for us should be done early on. Any time the Town does something of this nature or this size project, SEQRA should be done early on in the project to determine before the Town goes ahead and does resolutions to spend more money on design work or engineering or plans or so forth, to make sure that we are not in error of going in the direction it is going to have an impact, a negative impact. So what happens is, if you do the study at this time, the SEQRA report, and then find out that you have tweaked it or made changes; you can make revisions to that SEQRA report or revisions can be done at that time. It makes sense to do this at this time, prior to finalizing and hiring an engineering firm and working up with drawings. MS. TOLL: Just as another observation, I don't necessarily agree with the premise that we will always have a dump. SUPERVISOR HORTON: I think that something else that we as a Board need to take into consideration and take very seriously is, if from the inception of our, you know, I would say over the past eight or nine months that we have had heated debates about how to handle our relationship and how to properly manage the transfer station and over what to do with, in regard to zoning matters around the landfill, I think that there is a feeling within the Church Lane community who are our neighbors, that plans are conceived and plans are moved ahead without the involvement of the community. So I think that is something else that is out there that we really have to be cognizant of and make sure that if there are plans moving forward regarding any change within the landfill that we work with our neighbors to make sure it is a plan that, you know, that there is buy in from parts and it works. It works well for the community that obviously is going to stay there and remain living in that area, so I think that we have to be cognizant of that and that is something that I am hearing in some of these questions that weren't necessarily asked outright but I think that is something of concern. Are there any other questions to the Town Board about the resolutions? ERNIE SCHNEIDER: Emie Schneider, Southold. On #241 it says enact and then on the other side it says a hearing on, which seems, looks to me like it is after the enactment. Now, I don't know if that is... SUPERVISOR HORTON: We will hold the public hearing before, I mean, we have to, actually we will be moving into this public hearing shortly. We will be holding the public hearing before voting on that resolution. MR. SCHNEIDER: Now, is this in reference to what I spoke to you about? COUNCILMAN ROMANELLI: No, I think that you have waiver in on ..... SUPERVISOR HORTON: You have a request for a waiver in on a subdivision moratorium. April 8, 2003 9 Town Board Meeting MR. SCHNEIDER: Well, it, no, no that is different. That is in Cutchogue by my greenhouse. The one that I talked to you about is concerning a lot line change in Southold, not in Cutchogue. Where I had the approval since December of 2001 and I just made a minor, minor, minor change and I got caught in the moratorium. I have had this approval since 2001 and now it... SUPERVISOR HORTON: I think that, this moratorium, this amendment, what this public hearing will be on was requested by the Trustees to deal with applications. I am not sure, specifically outlining your application or whether or not your application would be affected one way or another by this but it was to deal with applications that were caught up in the moratorium that the Trustees thought should not be. MR. SCHNEIDER: Okay. Thank you. SUPERVISOR HORTON: Thank you, Mr. Schneider. MELANIE NORDEN: Melanie Norden, Greenport. Actually, with respect to resolution 222, I was wondering has there been any thought to engaging public opinion, a wider public opinion, as to the proposed construction. In other words, the resolution reads the proposed construction but I guess, my question is proposed by whom and when? And if this was a proposal that was actually put forward several years ago, has there been any consideration to rethinking the proposal, prior to engaging either Nelson, Pope and Voorhis or an engineering finn? And perhaps even gaining some public opinion, given the fact we are talking about floating presumably a rather large bond at the end of all of this? COUNCILMAN ROMANELLI: Let me just clarify something so that you are not misunderstood. This is not an old proposal. What I said was that there were a number of proposals over the years that have all been changed and through those proposals we have got the good and we have got the bad and I think that the final proposal which was put together by our landfill, Jim Bunchuck and his stafl~ really took ideas from all of the engineers that they have worked with over the past decade trying to cap that dump and took a lot their thoughts and really came up with the design themselves. That is really where this last final concept that we are all sort of beating around the bush, that is sort of where it came from. From our own people working in our own landfill. No one knows the flow of traffic, the safety issues, the garbage flying. They have dealt with all the problems and all the complaints. They actually were the ones that came up with the final one. So, as far as public input, I hear where you are going with that and I will speak with Jim Bunchuck that before maybe, we, he has a nice diagram and a nice picture, drawing that we set up some sort of public hearing per se, so that people can see what the concept is. I personally believe... MS. NORDEN: Right and with respect to budgetary concerns, what are we really talking about? Bottom line? In terms of budget? You know, we are talking about a proposed construction of a transfer station, how much does a transfer station cost? COUNCILMAN ROMANELLI: I think that you are going to be in the neighborhood of $2 million, the way that it is proposed now. It is going to be in that neighborhood. I don't know the exacts. MS. NORDEN: With respect to the Nelson, Pope and Voorhis initial analysis, what are we talking about? How much is that going to be? April 8, 2003 Town Board Meeting SUPERVISOR HORTON: For the SEQRA? 10 MS. NORDEN: Yeah. SUPERVISOR HORTON: Probably about $1,000 or $1,500 for the SEQRA review. MS. NORDEN: Okay. But I mean, is there a way in which we could engage in a wider thinking public arena for this project and just see if in fact, yes, Mr. Bunchuck and his associates may have proposed it but we are talking about spending tax dollars and is this Board actually proposing the transfer station construction? I mean, it is not Jim, so is it the Board? COUNCILMAN ROMANELLI: Jim has come forward with a plan that, I will speak for myself, that I think it is a needed change, a needed improvement at the landfill. His conceptual plan now, yes, I would support. Does the whole Board support it? I don't know. But I just want to make it clear that there has, there hasn't been maybe a formal public input but Jim, his staff and everybody on this Board, we have all listened for years; our heads weren't in the sand as we were putting this proposal forward. MS. NORDEN: Oh, no. I am not in any way implying that. I am just saying that some people think that there are other ways of going about managing our garbage. And my question is, if the Board is not in agreement on the construction of a transfer station, shouldn't that actually come first before we hire firms to look at and engineer and design transfer stations? In other words, I guess I am just curious about, is the Board proposing, not Jim but is the Board proposing the construction of a new transfer station or is this a matter that is still open for discussion with respect to whether a transfer station or even the dump should even be open to begin with? SUPERVISOR HORTON: The Town Board is not proposing a new transfer station. MS. NORDEN: Okay. So why are we spending money on looking at a new transfer station, its construction, its engineering and analysis; if in fact, we are not sure we even want it anyway? SUPERVISOR HORTON: And I think also that the Town Board, at the last work session, there was a request for some information specific to what the bottom dollar, or the average cost per tax payer to operate the transfer station as it stands and we would also like to know what the average cost for yellow bags is. You know, the average cost per homeowner per household. Take those numbers and put them together and also take that financial analysis and weigh it against the possibility for other means of trash pickup and removal. So that information is information that we have requested as well. COUNCILMAN WICKHAM: At the last meeting of the Town Board, we as a Board, asked the same questions that you are asking. We were also unsure of exactly which direction to go. At that time, we said that we would apply to talk to several key experts on Long Island, who are real authorities on the waste management front. We have initiated those discussions. We expect to have some indications of their thinking by the time the Board meets in a few weeks. At that time, I think that we will be ready to take some decisions regarding the landfill and first of all, there is definitely a need to do something up there. We can't just carry on indefinitely the way we are. Second comment is, there will definitely be an important opportunity for public input on this plan. There will be public hearings before we go April 8, 2003 11 Town Board Meeting ahead with it. There will be ample opportunity and in fact, the communities input is very important in that whole process as we go forward. At the moment, the Board is not proposing anything because we are not clear ourselves, we are not certain ourselves exactly the direction we want to go. Meanwhile, to get a SEQRA report is a prudent thing to do, it is not costly and no matter what we do, it is important to have some kind of environmental assessment. MS. NORDEN: Great, thank you. That is very reassuring. Let me just also ask, as a matter of information, #228-what does that mean? COUNCILMAN ROMANELLI: That is for a zone change for a piece of property over on Fishers Island. It is going from R-80 to HB. MS. NORDEN: Great, thank you. SUPERVISOR HORTON: We are running into the time where our public hearings would be held, prior to moving on any of the resolutions. I think we will move ahead with our public hearings. Meeting was recessed in order to hold three (3) public hearings in the matter of (1.) HEARING ON THE PURCHASE OF THE PROPERTY OF NOFO ASSOCIATES, A/K/A J. MCFEELY, SCTM #1000-125-1-14. (2.) HEARING ON AMENDMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT 1996 PROGRAM BUDGET. AND (3.) HEARING ON "A LOCAL LAW IN RELATION TO EXEMPTIONS TO BOARD OF TRUSTEES TEMPORARY MORATORIUM." Meeting reconvenedat SUPERVISOR HORTON: Prior to recessing for our public hearings, the floor was for the public to address the Board on specific resolutions on the agenda. Are there any more questions or concerns about our resolutions from the public? (No response) We will move ahead with our resolutions. #2O9 Moved by Councilman Richter, seconded by Councilman Moore, WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and WHEREAS, Municipal Clerks continually strive to improve the administration of the afl'airs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, county, and international professional organizations, WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk, now, therefore, be it April 8, 2003 12 Town Board Meeting RESOLVED that the Town Board of the Town of Southold does hereby recognize the week of April 27, 2003 through May 3, 2003 as "Municipal Clerks Week", and further extend appreciation to our Municipal Clerk Elizabeth Neville and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. SUPERVISOR HORTON: Town Clerk Neville, separate and aside from this resolution, it says that every day is Mothers Day and I feel that in the business of government and Town Hall that every day should be Town Clerks Day because your office is definitely the pulse of town government, you keep us on track. TOWN CLERK NEVILLE: Thank you. SUPERVISOR HORTON: And that is extended to everybody that works in your office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #210 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth A. Neville to attend the Annual New York State Town Clerks Association Conference at Buflhlo, New York on April 26, 2003 through April 30, 2003, and the necessary expenses for registration, transportation, accommodations, and meals shall be a legal charge to the Town Clerk's 2003 budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #211 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby increases the wages of Stephan Burke of the Fishers Island Ferry District by 5% effective on March 1, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #212 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as follows: General Fund Whole Town Revenues: A.2750.20 Appropriations: A.9901.9.000.100 Capital Fund Revenues: H.5031.20 Appropriations: Suffolk County Adult Day Care Program Grant Transfers to Capital Fund Interfund Transfers $16,429.00 $16,429.00 $16,429.00 April 8, 2003 Town Board Meeting H.6772.2.300.100 13 Programs for the Aging Capital Outlay Vans $16,429.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #213 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: From: Revenues: A.2025.00 Appropriaions: A.1620.2.500.825 Special Recreation Facilities Park & Playground $37,500.00 Buildings & Grounds, Capital Outlay Cochran Park $37,500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #214 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Richard H. McMahon of Southampton High School as a participant in the BOCES Police Internship Program with the Southold Police Department commencing on Wednesday, April 2, through Friday, April 11, 2003. He is to serve in this capacity with no compensation. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #215 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer M. Lynch as a sununer intern in the Southold Town Justice Court. She is to serve in this capacity with no compensation. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #216 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: TO: April 8, 2003 Town Board Meeting Revenues: A.2705.50 Appropriations: A.6772.2.100.100 14 Gifts & Donations Other Donations Programs for the Aging Equipment Adult Day Care Furniture $2295.00 $2295.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #217 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 execute any and all necessary documents in connection with the contract between the Town of Southold and South Shore Docks, Inc., in the amount of $32,750.00 for the reconstruction and restoration of the West Road Bulkhead. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #218 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS, the Land Preservation Committee has made a recommendation to the Town Board that the Town Board engage outside legal council to prepare contracts and to provide additional legal services in support of the Committee; and WHEREAS, the Community Preservation Fund provides for up to 10% of the fund to be utilized for management, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Lisa Kombrick to provide legal counsel to the Land Preservation Committee to prepare contracts and to provide additional legal services. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #219 Moved by Councilman Richter, seconded by Justice Evans, 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 Exemptions to Board of Trustees Temporary Moratorium" 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 Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. April 8, 2003 15 Town Board Meeting #220 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town Landf'fll, free of charge, for four (4) weeks in connection with both the Spring (April 19 May 18) and Fall Clean-ups for the year 2003. SUPERVISOR HORTON: Has it been clarified with the Solid Waste Coordinator, with Jim Bunchuck, this is, I read to my surprise about the necessity, not necessity but mandate for biodegradable bags. Is that in effect this year? COUNCILMAN ROMANELLI: It is not in effect. Jim found no comfortable bags, we are still trying to find the solution. We encourage, if anyone is out there listening, to go out and buy biodegradable bags or don't bag your leaves because bags are a problem. But we are dealing with it as best we can at this point, until we come up with a better solution. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #221 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: TO: Revenues: A.3089.30 State Aide DCJS Grant $15,000.00 Appropriations: A.3120.2.500.325 Police, Equipment Other Equipment Trailer $15,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #222 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 hire the finn of Nelson, Pope & Voorhis to conduct an evaluation pursuant to the State Enviromnental Quality Review Act (SEQRA) for the proposed construction of a new solid waste transfer station for the Solid Waste Management District in Cutchogue. SUPERVISOR HORTON: I would like to go on record as saying that I would like to find another firm that handles SEQRA, specifically in relation to the SEQRA document that has come back about the hamlet business and business zoning. It apparently went out of Nelson, Pope and Voorhis' office and has been retracted and I would like to, if that is going to be the case, I would like to ask the Town Board to find another firm that deals with the SEQRA process as well. JUSTICE EVANS: We did onthe last resolution. April 8, 2003 16 Town Board Meeting COUNCILMAN ROMANELLI: Actually, we discussed that today at work session; how we were looking for another firm to do SEQRA because Voorhis gets a lot of it. And like Louisa pointed out, the last resolution, we picked another firm, we all felt sort of the same way. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. #223 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold changes the status of full-th-ne Purser Kenneth Ricker from salaried to hourly, at a rate of $20.75, effective April 1, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #224 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the purchase of a coring machine for turf maintenance of sports fields using Building & Grounds, Capital Outlay appropriations for Cochran Park. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #225 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 70 adopted at the February 4, 2003, regular town board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Susele L. King as a part- time Home Health Aide on Fishers Island not to exceed ten (10) hours per week, at a salary of $10.25 per hour, effective February 5, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #226 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold appoints the following individuals as Public Safety Dispatchers, full th-ne, for the Southold Town Police Department at an annual salary of $26,652.63, effective April 21, 2003: Ralph Gaudiuso Gregory T. Pouletsos SUPERVISOR HORTON: We welcome both of these gentlemen aboard. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. April 8, 2003 17 Town Board Meeting #227 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby designates the Chief Inspector and/or each of the duly appointed inspectors of Gene R. Surdi Electrical Inspectors~ 40 Nottingham Drive~ Middle Island~ New York 11953 as Electrical Inspectors of the Town of Southold~ and authorizes and deputizes them as agents of the Town of Southold to make inspections and re-inspections of all electrical installations, all in accordance with Chapter 43 (Electrical Inspections) of the Code of the Town of Southold; and be it Further RESOLVED that Gene R. Surdi Electrical Inspectors, in accordance with Chapter 43, Section 43-2 of the Code, shall provide the Town with a Certificate of Liability Insurance in the amount of Five (5) Million Dollars, $5,000,000., naming the Town of Southold as an additional insured. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #228 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 hire the finn of Nelson~ Pope & Voorhis to conduct an evaluation pursuant to the State Enviromnental Quality Review Act (SEQRA) to address the enviromnental issues pertinent to the Change of Zone application of Windham Resources~ LLC at a cost of Fifteen hundred ($1500.00) dollars as per their proposal dated April 4, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. #229 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the Change of Zone application in the matter of Windham Resources~ LLC to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #23O Moved by Councilman Moore, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold has prepared a Draft Local Waterfront Revitalization Program (LWRP) for the Town of Southold under the guidance of the Town of Southold Planning Department and the New York State Department of State; and WHEREAS, The Town of Southold's Draft LWRP, upon its approval by the New York State Department of State, would become part of the State's Coastal Management Program; and WHEREAS, the Town Board of the Town of Southold, as lead agency, adopted Resolution #674 on September 25, 2001, and determined that the adoption of the Town of Southold LWRP will not result April 8, 2003 18 Town Board Meeting in any significant adverse impact on the environment, and therefore, a negative declaration was issued pursuant to NYS SEQRA Rules and Regulations; and now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes that the Draft LWRP be accepted by the Town Board and submitted to the New York State Secretary of State for its review and distribution to the State and Federal agencies for their review, pursuant to Article 42 of the NYS Executive Law and the federal Coastal Zone Management Act of 1972, as amended. COUNCILMAN RICHTER: No, I just happened to be the liaison to the LWRP, to make sure this got done. SUPERVISOR HORTON: Actually, it is kind of funny, kind of interesting. When we first started working together as a Board, LWRP and initially, I asked Tom and John Romanelli to be the liaisons to our Town Planner, Valerie Scopaz, to make sure that the LWRP was completed and that we had the appropriate resources and personnel to accomplish this task. I took a ride up to Albany and spoke with Steve Ridler who works with Department of State and asked him for his specific guidelines as to what needs to be done to complete this and we brought it back and the Town Board, I would say not only graciously accepted to have this completed but also really got behind the completion of the LWRP; which has been 17 years in the works. So, I think the entire Town Board, Valerie Scopaz and somebody who doesn't get mentioned very often but who is behind the scenes making so much happen in the Planning Department, Barbara Rudder. Who is, I believe, one of Town Halls' champions in making, particularly, making the LWRP come to fruition in a timely fashion, at least over the past year. With that being said, congratulations to the Town Board and thank you all for your cooperation on this particular effort. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #231 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Jared Doroski, the second highest bidder on asset # 2515, VIN 194069 awarded on March 25, 2003, has declined to honor his bid; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the next highest bid from Joe Willsey~ Michael Anthon~ LTD on the vehicle. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #232 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth Care Co. of New Yorlq for the removal~ transportation~ and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenport~ in the amount of $0.06645 per gallon with a total price of $132~900.00, all in accordance with the bid specifications and the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. April 8, 2003 19 Town Board Meeting #233 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Albert J. Krupski~ Jr.~ president of the Southold Town Board of Trustees~ to hire the finn of Nelson~ Pope & Voorhis to conduct an evaluation to address the hnpact of sanitar~ discharges on wetlands systems, as it relates to a litigation matter, at a cost of Twenty Five Hundred ($2500.00) dollars (half of which will be paid by the insurance carrier for the Town) as per their proposal dated January 27, 2003. SUPERVISOR HORTON: Again, I realize this is extremely important and necessary. I think that it would be nice to have sanitary discharge impacts on all of our wetlands conducted but again, I think that we should look for the use of another firm. My vote will reflect that. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. #234 Moved by Councilman Richter, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of April, 2003 a Local Law entitled "A Local Law in relation to No Parking area on Traveler Street" 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 22nd day of April 2003 at 8:10 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 No Parking area on Traveler Street" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled, "A Local Law in relation to No Parking area on Traveler Street". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To provide clear and unobstructed view of oncoming traffic to motorists exiting the municipal parking lot. II. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 92-41. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations: Name of Street Side Location Traveler Street South In Southold, westerly on the south curb line for a distance oftwent~ (20) feet from the west side of the exit from the Town Municipal Parkin~ Lot. III. SEYERABILITY 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. I¥. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. April 8, 2003 Town Board Meeting This resolution was duly ADOPTED. 20 #235 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq.~ as special counsel in the matter of Cliff's Elbow East presently pending before the Zoning Board of Appeals. COUNCILMAN MOORE: I will recuse myself, this is a matter involving the Zoning Board and Patty has some involvement. Not for the applicant but for an opponent and I don't want to get it all tangled up, so I will recuse myself. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly ADOPTED. #236 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold wishes to explore concepts of (A) valuation methodologies and (B) agricultural structures in connections with its Land Preservation Program, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enrages the services of Thomas Daniels~ Prof. of SUNY Albany~ for one day of consulting here in Southold, at a total cost not to exceed $1,000 chargeable to the 2% Community Land Preservation Fund. SUPERVISOR HORTON: Those are two separate tasks. One is evaluation methodologies that we discussed at the last Town Board work session as far as an effort, to sort of, jump start our conservation preservation efforts. And the second is to discuss agricultural structures in connection with the Land Preservation Program. I think this is an important step on the Board's behalf and supported by the Land Preservation Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #237 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the part time position of Food Service Worker for Senior Services in accordance with the job specifications and required qualifications sat forth by the Suffolk County Department of Civil Service. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #238 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 General Fund Whole Town Budget as follows: From: April 8, 2003 Town Board Meeting A.1420.1.100.100 To: A.1420.1.100.200 A.1420.1.200.100 21 Regular Earnings Overtime Earnings P/T Regular Earnings $ 2257.14 $1257.14 $1000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED 4/22/03 #248 #239 Moved by Councilman Richter, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the properly of NOFO Associates (a.k.a.J. McFeely) on the 8th day of April 2003, pursuant to the provisions of Chapter 59 (Open Space 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 properly is located on the north side of Main Road in Mattituck and is identified as SCTM #1000-125-1-14; and WHEREAS, the subject properly is approximately 30.8 acres in area. The proposed Town acquisition is for approximately 12 + (subject to survey) acres. The County is purchasing approximately 12 + additional acres. The total preservation area of the Town and County acquisitions is approximately 24 + acres; and WHEREAS, the Town acquisition is funded pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) of the Town Code; and WHEREAS, the properly is listed on the Town's Community Preservation Project Plan as properly that should be preserved. The properly is located within the Special Groundwater Protection Area. In addition to protection of the SGPA, the properly is significant for open space and recreational (trail) purposes. Proposed uses of the properly shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve with passive recreational trails; and WHEREAS, the subject properly is adjacent to and in the vicinity of over 500 acres of preserved land; and WHEREAS, the purchase price is $60,000 (sixty thousand dollars) per acre for the Town's 12 + acre acquisition. The purchase price for the County is the same per acre value. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee and the County of Suffolk. Other than the land acquisition cost, all costs associated with the acquisition are to be shared between the Town of Southold and the County of Suffolk; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase 12 _+ acres of the 30.8 acre parcel identified as SCTM# 1000-125-1-14 at the purchase price of $60~000 (sixty thousand dollars) per acre~ pursuant to the provisions of Chapter 6 of the Code of the Town of Southold. The County is purchasing approximately 12 + additional acres. The total preservation area of the Town and County acquisitions is approximately 24 + acres. Other than the land acquisition cost, all costs associated with the acquisition are to be shared between the Town of Southold and the County of Suffolk. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. April 8, 2003 22 Town Board Meeting #24O Moved by Councilman Moore, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 1996 Program Budget, as follows to wit: Current New Project Budget Increase Decrease Budget Job Skills Training $10,761.47 -0- $10,761.47 -0- Peconic Lane Park -0- $10,761.47 -0- $10,761.47 AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid proposed amendments, where all interested citizens were heard, now THEREFOR be it RESOLVED that the Town Board of the Town of Southold hereby adopts the above amendments to the Community Development Block Grant 1996 Program Budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #241 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March 2003 a Local Law entitled "A Local Law in relation to Exemptions to Board of Trustees Temporary Moratorimn" and WHEREAS the Town Board of the Town of Southold held a public hearing at which time all interested persons will be given an opportunity to be heard, now THEREFOR be it RESOLVED that the Town Board of the Town of Southold ENACTS the following Local Law: LOCAL LAW NO. 6 -2003 A Local Law entitled, "A Local Law in relation to Exemptions to Board of Trustees Temporary Moratorimn". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To provide exemptions to moratorium law for applicants who completed review process prior to effect of Temporary Moratorium. Additionally to provide exemptions to applicants who are seeking to renew a validly issued permit, or seeking to amend a validly issued permit with a more environmentally beneficial or neutral modification. II. Local Law No. 1 of 2003 is of the Town of Southold is hereby amended as follows: Section 1: Legislative Intent The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a community. The upland acreage of Southold Town, including Fishers Island is approximately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: farming, recreational and commercial fishing and tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and April 8, 2003 23 Town Board Meeting sensitive. Protection of that environment therefore is of utmost importance to the Towns financial health and long-term future. The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in part that "The Town Board finds that increased growth and development within the Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of the community and natural resources located within the Town." One of the primary tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in Chapter 97 to protect wetlands and wetland boundaries are not having this effect. Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. After years of study, fact gathering and writing, completion of a LWRP for the Town of Southold is imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater runofl} to name just lwo sources. The LWRP and the Peconic Estuary Plan recommend several land use measures that should be adopted by the Town to augment estuary protection. The Town and the Board of Trustees intend to carefully consider and possibly implement these recommendations The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both singularly and cumulatively, of these actions in order to minimize damage from erosion, turbidity or siltation, sallwater intrusion, loss offish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluflk and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from sallwater intrusion or inappropriate land uses and misuse or mismanagement.. A moratorium will give the Town and the Board of Trustees time to consider and implement the LWRP and the best land use techniques for protecting its waterfront resources. This moratorium addresses the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or commercially zoned, do not conform to current zoning in that April 8, 2003 24 Town Board Meeting they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these activities have the potential to cause further harm to the coastal environment. This moratorium will enable the Town and the Trustees to focus on crafting and implementing a strategy to ensure that it actually achieves its comprehensive planning objectives. This action is necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. Section 2: Enactment of a Temporary Moratorium For a period of twelve (12) months following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board within the twelve (12) month period: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential or commercial structure/building on vacant land; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) Section 3: APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 permit from the Board of Trustees of the Town of Southold for any new a residential or commercial structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) Section 4: EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual operations incidental to the cultivation and/or harvesting offish and shellfish; 2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and wildlife; 3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture; 4) the ordinary and usual maintenance or repair of a presently existing permitted building, dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or structure; 5) the construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the existing bulkhead; 6) repair or renovation to existing residential or commercial building or structures; 7) accessory structures above the high tide line; 8) applications/inquires to the Board of Trustees for determinations of non- jurisdiction. 9) applications for extensions, for a one-year term, of a validly issued permit. The Board of Trustees may add conditions for appropriate environmental safeguards to any renewed permit. April 8, 2003 25 Town Board Meeting 10) applications to change the name of the owner or applicant on a validly issued permit. Section 5: EXEMPTIONS The Board of Trustees may grant exemptions to the temporary moratorium as follows: 1) An application seeking a Chapter 97 permit for any new residential or commercial structure/building on vacant land, or any "operations" (as defined by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as defined by Chapter 97 of the Southold Town Code) or in standing water of any "freshwater wetlands" (as defined by Chapter 97 of the Southold Town Code) may be approved if a) A field inspection was conducted and all field inspection issues were addressed and resolved prior to the effective date of the Temporary Moratorium; and b) all documents, related reviews, inspections, reports and other necessary items in support of the application were submitted, addressed and resolved prior to the effective date of the Temporary Moratorium; and c) no further review or hearing is necessary on the application. 2) A validly issued permit may be amended or modified, in the discretion of the Board of Trustees, if the environmental impact of the amendment or modification is more beneficial to the environment or would not adversely impact the environment or the wetlands. Section 5: 6: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority; In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of Trustees act upon, hold hearings on, and make decisions concerning applications. Section 6 7: APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial structure or building. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation, including a certified engineers report. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Sectiong 8: 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 8-9: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. April 8, 2003 26 Town Board Meeting Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #242 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 engage the professional services of the firm of Clearv Constfltin~ to conduct an evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues pertinent to the proposed code changes relating to Building Size and Setbacks in the Zoning Code of the Town of Southold at a cost not to exceed Seven hundred and fifty ($750.00) dollars as per their proposal dated April 8, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions. This portion of the meeting, we devote to the public, we again give the public the opportunity to address the Town Board on town related issues. I was not at this mornings work session, John, I appreciate you chairing and leading the discussion through the business of the Town. One thing that I wanted to bring up again this morning at the work session and again, in an effort to de-politicize and in an effort to tone down the discussion involving Southold Town landfill, the Church Lane community and the zoning of that property. Over the month, several proposals have come forward, some have come from Tom and Bill, from the Planning and Zoning Committee. I have brought forward an initiative that would essentially call for the swap of land, which I think is still a very viable solution to eradicate or to take away the commercial or industrial possibilities from evolving and growing within the Church Lane community. I know the Anti-Bias Task Force has brought forth a resolution or a proposal to rezone to residential office. I would ask that the Town Board, that we step back and work together again to find resolution for this. I think that the non-conforming legislation, not that the legislation is non-conforming but the legislation that Councilman Wickham and Councilman Moore brought forward is interesting but I still feel and I really believe, regardless of Mr. Kelly and his editorial, I still really believe that this is an issue of right and wrong and of moral standing and I think that it is incumbent upon the Town Board to address this together and to correct this. It is a problem that has been created by government and to show my ownership to the problem, my relationship to the problem, I will let you know that a picture hanging on the back wall of man named Schyler Wentworth Horton, who one time served as Supervisor and at the end of the 1938 hurricane, placed brush where our current landfill sits and that was the inception, that was the start of the Southold Town landfill. So this is a community problem that stems back to 1938 and it belongs to all of us. I will continue to push for change on this issue but I also know that we are a Board of good, forward-thinking people and I know that we can work together to find resolution on this. I believe that the resolution should be a residential zoning. I have heard the proposal of residential office, I also believe that the idea of a land swap, whether it is on the property adjacent or whether it is landfill property to the east where the proposed or the idea of a golf course has been brought up but I think that we have to take away the possibility of industrial development within the heart of that community. I think it is in the interest of, not only the people who live there but us as elected officials doing what is right and I think also for the overall well-being of the Town and future of housing stock and how we relate to our, the people who we work for. How we relate to the people April 8, 2003 27 Town Board Meeting of Southold Town. So I am going to ask again that we revisit this at the next Board meeting. If we want to meet between now and the next Board meeting, I am open and willing to do that. I will make the time and I just ask again to step back, away from the emotion, away from the politics. That we are all part of, understand that we are all part of this issue. It belongs to all of us. I wanted to put this out to the Board. COUNCILMAN RICHTER: I would like to say something, Josh. First of all, there is a lot of emotion; there is no doubt about it, involved in this. Politics, I don't see any at all. The idea of a land swap, I would like to hear precisely what you have in mind for that. I know that was mentioned once before but this becomes, here again, please understand that if we disagree, it does not mean that we are not open-minded. It means that we disagree. I think that I have said this before and I conduct my business, my activities and my thinking process on always having an open mind. If someone can show me a way that is legitimate, then I need to know what that is. I, this to me, still comes down to a land use issue. But if you have got some new ideas and I would like to hear precisely on the land swap, what you have to say for that but please, it is not politics, it is not and I am sorry, it is not politics. It is what is, when they did the Master Plan, they put a lot of time and effort into that. That is something that doesn't just come before people and get hammered out in one or two meetings. That was done over many years and collecting of many studies. When they did the Master Plan or revised the Master Plan, the uses, as much as I know people disagree with me please, it is not personal, a personal reason for me, it is a reason of what is best suited for that property around the landfill. I know that you are not going to appreciate what I am saying and I am truly sorry but I have to be honest, I can't lie to you. But I am always ready to hear something, if you have got a better idea or if someone has a better idea. I am willing to listen. Thanks. SUPERVISOR HORTON: I think at bare minimum, at bare minimum, I think the democratic process has to be honored. COUNCILMAN RICHTER: Of course it does. SUPERVISOR HORTON: And that is, when a Town Board makes a motion, that that motion get a second and let it move on to the public hearing process. And I think that we have sold ourselves short and we have sold the Town at large short. COUNCILMAN RICHTER: You mean by not giving a second? SUPERVISOR HORTON: That is correct. COUNCILMAN RICHTER: I don't think that is something that has to be. I think we all have the right to vote yes or no. SUPERVISOR HORTON: We need to open this issue back up for level headed and cohesive discussion and we have to do it as a Board. It means that we have to move forward together with our disagreements and find resolution on this issue. I still believe that the residential zoning has to be part of that plan. COUNCILMAN RICHTER: I still believe .... April 8, 2003 28 Town Board Meeting SUPERVISOR HORTON: We will move forward. COUNCILMAN WICKHAM: I would like to just comment that we apparently have before us a proposition that I think you would like us to take seriously. It just is not satisfactory to circulate a serious proposal at the end of a Town Board meeting of this kind. If you want it to be taken seriously by the Board, put it on the agenda, put it in front of us, give it to us and let us debate it and discuss it. The idea of just putting this out at the last minute like this, none of us, at least I have not seen this before but I have been in touch with you on the phone and in person at least four or five times in the last, today and yesterday. I just don't think that this is an appropriate way to get the Town Board together on an important issue. I think that you will find support on the Board for trying to do things but not at a last minute piece of paper like this, that we haven't even seen. SUPERVISOR HORTON: Councilman Wickham, this is not last minute. COUNCILMAN WICKHAM: I haven't seen this before. COUNCILMAN ROMANELLI: We just got it now. SUPERVISOR HORTON: This is months ago. COUNCILMAN WICKHAM: When was this circulated? SUPERVISOR HORTON: I circulated this to the Board months ago. COUNCILMAN WICKHAM: If you want support from the Board; put it on at the work session and put it on as an agenda item and discuss it, as we did this morning for about an hour on the Church Lane business. We had what I regard as a constructive, useful discussion about Church Lane. This was not part of that agenda. If you want it on, put it on the agenda. SUPERVISOR HORTON: Councilman Wickham, we will discuss this again, this is not last minute. We will discuss residential zoning again, that is not last minute. This was delivered to the Town Board months ago. I was told by most members of the Town Board, in private, that there was not support for this. So we moved again, towards other discussions. None of which have bared fruit. So, we need to start at ground zero and open up the discussion again because there will not be rest in this town, there will not be rest on this Board, there will not be rest within the Church Lane community until fair and equitable treatment is delivered. COUNCILMAN WICKHAM: Fine. Put it on the agenda and we will discuss it. SUPERVISOR HORTON: It will be on the agenda. Would members of the public care to address the Town Board? EDWARD BAGE: My name is Edward Bage, you all know me. I have two things to discuss. First, Church Lane. When I first came out here, that was a dump. Not a landfill, a dump. People, the entrance to that dump was right down through Church Lane. That is the street that goes down there. April 8, 2003 29 Town Board Meeting That was the entrance. You went down there, you dumped your garbage. The town was using it as a sand mining operation. And as they dug out sand, they used that portion, that excavated portion as a dump. At the end of the day, some town employee went down there with gasoline and sprayed the whole area with gas and set it ablaze. The scavenger waste trucks used to dump up there. Those people up there have been abused by this Town for years. I think that it is time that those houses be bought and those people be supplied with new homes away from that dump. Now, I am here again for the illegal junkyard in Laughing Waters. I have been after this now for years. I finally gave up from him, the Town Attorney, I got no satisfaction. In fact, I got rebuked by him. Last March 1, I wrote the Supervisor a letter about this. April 16, I wrote every one of you Councilmen a letter and then enclosed a copy of the letter I addressed to the Supervisor. I am here to ask you gentlemen, what have you done about that illegal junkyard in Laughing Water? COUNCILMAN WICKHAM: I have looked at it. MR. BAGE: Good. And what did you do about it? COUNCILMAN WICKHAM: Well, I met with the Town Code Enforcement Officer and we discussed it. That is as far as we have gone. MR. BAGE: Right. Alright, gentlemen. I will put it to you this way. I expect action on thatjunkyard. I expect it to be closed within one month. If it is not, I am going to come back here and ask for everyone of you to resign and I will be coming back every month thereafter asking you to resign until that filthy mess is gone. Thank you. SUPERVISOR HORTON: Thank you, Mr. Bage. DON WAGNER: Good evening, I am Don Wagner from Route 48 here in Southold. Just before this last snowstorm last week, the County did some marking on Route 48 between Horton Lane and Boisseau and it looks like, if we are real lucky, by the end of the month, the engineer Pelk has indicated that we should have that road repaved. Which is very nice; for the good of the community. However, there was also some bad news in the paper this past week and that the Port Jeff-Bridgeport Ferry Company is selling one of their big ferry boats to the Cross Sound Ferry Company in Orient. Which only will lead to additional traffic on Route 48 in Southold. As a result, this nice, new pavement is not going to last too long. As you may have noticed from the part that was done two years ago from Boisseau to beyond the Town Beach, that has quite a few holes in it this past winter. Again, I think that this is partially because of the heavy traffic there. I guess, I feel that we as a community are not helping ourselves here. The traffic there could be alleviated, at least, if one: the powers that be at the State level, Department of Transportation, would pursue one of the recommendations that they have in front of them to start a ferry out of the old LILCO Shoreham power plant there. Which would take all of the traffic from West Suffolk and East Nassau that is coming all the way out to Orient Point. It would take it right off of Route 48 and all of the main roads here in Southold. And this would give us some relief. So I guess what I am asking of the Board here tonight, has anything been done because I notice it has been going on since at least last year, has anything been done to bug, if you will, the Department of Transportation for the State to do something about this because this coming summer with the increase traffic load and another ferry going on there, it is going to be worth your life coming April 8, 2003 30 Town Board Meeting out of a driveway and trying to make a left turn on Route 48, no matter where you are. anything been done? So, has SUPERVISOR HORTON: Mr. Wagner, an area that I have put quite a bit of energy into and emphasis on hasn't actually been the Shoreham site. That is not to say that that is not also an appropriate place for a ferry. In my mind, I definitely think that it is an appropriate site for a ferry. I also know that 1/3, approximately 33% of the ferry traffic that utilizes the Cross Sound Ferry is bound for the South Fork. There is a landing, a site, the promised land, on the South Fork that was at one time a bunker factory. MR. WAGNER: I am familiar. SUPERVISOR HORTON: That is now a State Park. I believe that it is incumbent on the State and I have had these discussions and actually, I was trying to set up a meeting last week to pull the State legislators together. I believe, and I won't speak for any of our State Legislators, but they are definitely behind Southold Town on this, I believe that a ferry needs to, absolutely has to be routed to the South Fork. I maintain that the retired bunker factory is an appropriate spot. It is deep water, it is navigable, it is good turn around for a large vessel and that is where a third of the traffic is bound for. The Town of East Hampton, naturally stands in steadfast opposition to that and that will be a hurdle that we will have to overcome. But I think that this Board is definitely united in that effort and committed to that as well. I believe that it is a matter of getting our Assembly people and the State Senator, as well as getting a letter to, which I have done and the more the merrier, so to speak. The more would be more helpful. Letters to the Governor, as well as Bernadette Castro who is the Commissioner of Parks. Because Commissioner Castro holds in her hand the authority to say that that is State Park and can receive a ferry. Regardless of what bogus laws the Town of East Hampton feels they have on the books and that is a direction that we will continue to pursue. And your help will be certainly sought on it. MR. WAGNER: Well, is there anything that I or any other citizen can do? Can we write a letter to Bernadette or anyone else that would help? SUPERVISOR HORTON: Absolutely and what you can do is call my office tomorrow and I will give you all of those addresses. I always, it is funny, when I say write a letter to your Assemblyperson or your Senator, I feel like my parents when I used to complain to them about chores that we had to do, they would say "Write your Congressman" but I will say that, to our particular representatives, our representatives are responsive and are on our side on this issue, so I think that would be very helpful. MR. WAGNER: Thank you very much. SUPERVISOR HORTON: Thank you, Mr. Wagner. DOROTHY WOLF: Dorothy Wolf, Southold. I scribbled some notes so I won't ramble, I will stay on course and get out in five minutes. Yes on Church Lane. I want to address that but first I would like to make a comment about the accusations and the innuendoes that are being hurled at the Board as being individually racist. That this Board is racist. It is patently unfair. There is no, there is what is called environmental racism and that is a subject for another time and another place. But, you mentioned the Anti-Bias Task Force, and I just want to mention this before I get to Church Lane. April 8, 2003 31 Town Board Meeting When the Suffolk County came to this community to introduce the concept of the Anti-Bias Task Force, Councilman Wickham was the Supervisor at the time and he jumped in feet first because he thought it was an extraordinary thing for this community to do. And he gave us, and I don't want to say gave-it is the wrong word but he gave the large group of who were interested in Anti-Bias Task Force, he gave us Ruth Oliva and she hung on like a tick on a dog and it was weeks of wrangling and arguing and we got that finally established with Marvin Doger as the Chair, as I had the honor of being the Vice-Chair. And it was not something that this Town really wanted. They really felt that they were above and beyond needing a Bias Task Force, they were really good folks; so we were not the good folks on the block but a great deal was accomplished. When Supervisor Cochran came in, she carried the ball as strongly as Tom did, she was every bit involved and she gave us you, Councilman Moore, who was our liaison to the Board and there wasn't a time that we didn't reach to Councilman Moore that he reached to the Board and the cooperation was extraordinary. And the one thing that I will always love Jean for, was at the time that the State was confronting the hate crime bill, which was not a popular bill by any means, the Governor hadn't even come on Board. She shepherded it, after she had spoken and gotten a great deal of input from the Anti-Bias Task Force and was convinced that it was the right thing to do, she got I believe, unanimous support from this Board to carry a proclamation to the State of New York's conference of Supervisors in support of that most unpopular bill and I think that was wonderful. She was a no-nonsense lady and she carried on what we had hoped the Anti-Bias Task Force would do. And our gratitude will always be to Councilman Moore, he attended everything, he was involved in everything, he went to the dances. You are a lousy buggy but you went to all the dances and you were there for us; there were meetings that you didn't come to but that is the way that it is. All the work sessions that we attended were extraordinary, so this community has to know that these people sitting here are not racist. It kind of tickles me that some of the people were standing up, we never saw it. Boy, I wish that we had because they, I think and I believe them to be honorable people except that that part of me that is a very suspicious lady believes that they are using this room and this time to electioneer for your jobs. So, watch yourselves. I really, I feel badly that that term 'racism' has been thrown around and I wish that it hadn't been. On the Church Lane matter, you know, I watched from home last session and you get a totally different perspective when you watch from home on your sofa, with the cat on your lap and the prelzels, it is a whole other thing. Something was brought up by Renee Taylor which got me thinking about a possible, you for example, Councilman Richter are always looking, well not always, but you have been asking time and again: 'Show me something, give me something I can hang my hat on. Give me something that might be plausible and I am open and willing' and I think that I heard her ask the question at the last meeting which might be what you are looking for. She questioned what happens if a small business were to take the place of a house in her backyard, next to her. So not for the fun of it, for the seriousness of it; I will frame it this way. Suppose my friend, Mrs. Cross, decides that she has had it, she wants to go to Palm Beach and I buy her house. I am a small business woman, I buy her house, I fix it up, I conform, the Building Department is happy, I put a picket fence out; the house is really....but what I am going to be doing inside that building is very small manufacturing. I am going to have some sewing machines where women will be making balloon shades and I will be doing laminated shades as well. Now, the Planning Board may not be aware that sewing machines click, click, click but when you laminate wallpaper on to shades, it is a polyflouride. If you have ever opened up a roll of wallpaper, it is murder for the first couple of fumes that hit you. And that is the small business that I will run there. It won't be retail, it will be to the trade only. There will be cars coming and going, there is shipping and delivery and I get some crazy decorator who calls me up on a Sunday and she wants her order, and I know those crazy decorators; I am one. She wants her order and she wants it Sunday, so I bring my April 8, 2003 32 Town Board Meeting truck in, she brings her van in and we pick up her order of balloon shades. And in the meantime, Mrs. Taylor and all of the folks in that community have had a pretty rotten Sunday. They have a pretty rotten life with me there and the Board, as I understand, is going to be dealing with the right of these folks to rebuild, repair, to make adjustments, to do the things that we all do to our houses, for heavens sakes. And that, Councilman Wickham, I salute you because that, you have been sitting there with an awful lot of mud on your face. You come up with what you, you try to find solutions. They may not be acceptable but at least you are trying. You haven't thrown up your hands. And I think that it is outrageous that these people cannot fix their homes, they cannot do any of the things that we take for granted. And I think that the Board has got to make that change. And this is what I am asking the Board to consider and this might be the hook that you are looking for. A temporary change of zoning. Say for just five years, for residential office. To evaluate what that entire community is facing with the possibility of a business like I am proposing, or any other small business. With some of the question marks in their community, the biggest question mark is we don't know what the church itself is going to do. So why not a short term change of zoning that you can evaluate over the years and in five years make a further determination. It really is not so much to ask. You know, we pride ourselves, here is a young woman in Iraq, she is wounded. We pull her out, we talk about how this one life-we are a people that saves one life; well there may only be four or five or six families there but they are our lives here in Southold. So it is worth another look. A temporary change to give this community a chance to catch its breath. To give this whole Southold community a chance to catch its breath. I really hope that you will give this some serious thought and I thank you. I hope that I stayed to five minutes. SUPERVISOR HORTON: Thank you very much. Mr. Carlin? MR. CARLIN: Good evening ladies and gentlemen of the Board. Frank Carlin, watchdog of Southold Town. I said to you at the last Board meeting that I am going to be discussing the landfill in more detail and I meant what I said. What I am going to say tonight is my opinions, I care less who agrees with them or who don't agree with them. But I am going to tell it the way that it is. A little history here, when Ray Dean was the Highway Supervisor, the landfill came under Ray Dean, the Highway Supervisor. Ray Dean retired in 1986, Ray Jacobs took over. It was under his command then, to take care of the landfill. In 1995, when Tom Wickhams super United Southold party came into view, he took it away from Ray Jacobs and made a separate department out of it and called it solid waste disposal management. I don't know why they called it that, no solid waste dumped down there, could have just called it garbage disposal but it sounded more technical. And I have been watching ever since. And I tell you, there is money being poured into that place and causing the taxpayers money is pathetic. What I am going to name these off here and I can back it up with these agendas from 1999 and I believe I can back them up and oh, incidentally, I save town agendas for at least 10 years back. So I can prove whatever I am talking about. 1998, bought a tractor; 1998, a screener; 1999, a tub grinder; 1999, bonded $170,000 to buy a truck and trailer which stood there unoccupied for about 8 months, finally it got put up. 2000, the year 2000; $260,000 to purchase a pay loader which was bonded but they did save $67,500 on trade ins. There has been money poured into that thing ever since that was taken over. We don't need that landfill. We don't need it at all. We are living in the 21 century. Time has outlived the landfill. Now, you are talking about a transfer station maybe for $2,000,000. Then Bunderchuck comes along with his, I call it his super Taj Mahal here, he wants to try to convince the Town Board to spend $2.5 million for his Taj Mahal there. It seems to bother people that you got that open space. Now, John Romanelli once said; "well, we have got all these April 8, 2003 33 Town Board Meeting other fields here and we don't know what to do with it" well, you don't have to start spending all kinds of money because you have open fields. And people are going to say to me, what can we do? Go to curbside garbage pickup like Riverhead has. Riverhead got smart, they eliminated the landfill. Brookhaven eliminated the landfill. Riverhead got curbside pickup. One day it is recyclables, one day it is newspapers, next day it is brush. And then you are going to say that is going to cost us money. When you figure out what you spend on your system here, buying the fee permits, 4 1/2 cents a pound going across the scale, yellow bags, appliances-I know they used to be $15 for an appliance-it is probably more now; inconvenience for a lot of senior citizens to drive there, a lot of them can't drive down there so they have to have curbside pickup. Don't need that landfill at all in this town. We don't need it. By you closing down that landfill, you can resolve four problems. Number one, you will get rid of that compost plant that you don't need down there and make it more cleaner for these people to live down there on Church Lane, get away from that stench that you got down there from that compost plant; that will eliminate that problem and help them out there. Number two, you will reduce your overhead and when you reduce your overhead it acts as a chain. Reducing the overhead, reducing the budget. Reducing the budget, you are reducing tax monies. Now, the budget for that landfill I presume is around $3,000,000 a year. Number three, reduce the overhead to the Highway Supervisor, by reducing his overhead. By not having to pick up fall pickup and spring pickup on the brush. Because that is automatically done when you have curbside pickup. Again, reduction for taxpayers. You don't need that, we don't need that landfill and the more that you are putting into it and the more that you are going to spend, it isn't going to go nowheres. It outlived, time outlived it. Believe me, you don't need it. Oh, one more thing. I almost forgot. Back in 2000, you had a public hearing in March. March 13, 2001, I am sorry. Here is a copy of it. And you bought 17 acres of the Francis McBride properly on the west side of the landfill for $2.26 million dollars. What did you ever do with that? It is probably still not being used, right? Well, let me tell you something and I mentioned this one time at a meeting and I might have got one lady from the Church Lane a little upset and I didn't mean to do that. But you got all that properly there on the west side now, don't know what to do with it? I will tell you what you can do with it, think about this one and it won't be nowhere's near their houses. A good spot to consider the new Animal Shelter, rather than having that compost plant or anything else, it would be more of that and it wouldn't interfere with these people because I would never recommend it to be put by their house. You got enough space, a lot of space on the west side of that landfill. It would be 17 acres here. Right here, you got. Wouldn't be nowhere near their houses. And if you want to use it, instead of thinking about putting up a driving range, putting up a rifle firing range or whatever, and then Bunderchuck comes along here with his Taj Mahal, I call it, you figure out with your, if you want to put a transfer station up there it is, you just said it might cost about $2 million. His is $2.5 million. You are talking about $4.5 million right there besides the yearly budget. You are getting into money and spending money you don't need. This is the 21st Century, we don't need this system no more. It was 75 years out of style. Let's live with it a little bit, get rid of that thing. You will save a lot of problems, you will save a lot of money and everybody, I think, will be happy. Mr. Wickham says that it can never be moved, I will challenge you anyday Mr. Wickham, like I did when you was the Supervisor that it can be removed and we can survive. And don't sit there and tell me that it can't be. SUPERVISOR HORTON: Thank you, Mr. Carlin. Would anyone else care to address the Town Board? April 8, 2003 34 Town Board Meeting MRS. EGAN: First Mr. Horton. Are you surviving? I have some Life Savers or something for your tummy. Are you okay? SUPERVISOR HORTON: I am fine, thank you. MRS. EGAN: Good. You have advised all of your people up here and who work back there about driving, of course, they would all know about driving under the influence of alcohol but under the influence of any medication, especially for allergies. Very serious thing. You have advised them? SUPERVISOR HORTON: I have not, no. MRS. EGAN: Well, do it. SUPERVISOR HORTON: Thank you, I will. MRS. EGAN: Now, Mr. Richter, how are you? COUNCILMAN RICHTER: Fine, thank you. MRS. EGAN: Now, as the liaison officer for the Police Department, correct? Are both our boats all back in service, the Marine boats? Do you know the answer to that? COUNCILMAN RICHTER: I don't know the answer to that. MRS. EGAN: Why not? COUNCILMAN RICHTER: I don't know. MRS. EGAN: Don't you think that in a war time emergency that we are in that we should know about whether the boats are available? Would you agree that we should know that? Would you agree that you said that you wanted to be the liaison officer? Don't smirk at me, Mr. Richter. COUNCILMAN RICHTER: Oh, Joan. MRS. EGAN: Nope, nope. Did you find out the, you had the Bay Constable yearly activity report this morning. Did you review it? It was supposed to be done this morning. Did you review it? Obviously no. Would you kindly get me a copy of it? Would you? SUPERVISOR HORTON: You can pick up a copy at the Town Clerk's Office, Mrs. Egan. MRS. EGAN: Thank you. Mr. Moore, never mind mmhmm. Say yes Mrs. Egan. Now, what have you done in regard to Cablevision giving us a discount as we were promised on April 17 COUNCILMAN MOORE: The discount goes into effect when the PFC approves the contract. The contract was signed and has been submitted to them. So when PFC approves it, it should go into effect. But it is not for all seniors, you have to be income eligible. April 8, 2003 Town Board Meeting MRS. EGAN: I realize that. COUNCILMAN MOORE: explained it. 35 I think we talked about that, though. You called me and I think I MRS. EGAN: No, I didn't call you and I don't call your office anymore, you don't have voicemail and your wife is so busy doing other things, I don't bother her. Spending your money or my money. SUPERVISOR HORTON: Mrs. Egan, do you have any other questions for the Board? MRS. EGAN: No, I am asking when will we get some feedback on that? COUNCILMAN MOORE: I answered the question, Mrs. Egan. MRS. EGAN: Well, I didn't understand you then. COUNCILMAN MOORE: When the Public Service Commission in Albany approves the contract and they have it in front of them to give it the green stamp, they have already seen it. It has been there for quite awhile, it will go into effect. MRS. EGAN: And when will we, after they do approve it, how soon will we be notified. COUNCILMAN MOORE: I am sure that you are not going to be notified. It is one of those things that if you are interested in it, you have to kind of keep on top of it and pursue it. MRS. EGAN: That is what you get paid for, Mr. Moore. COUNCILMAN MOORE: I was just going to say, ifI hear back from PSC or from Cablevision that it has been approved, I will be happy to make an announcement here. MRS. EGAN: Mmhmm. You will get it into the papers? COUNCILMAN MOORE: Can we handle that, Tim, Ed? Thank you. Yes. MRS. EGAN: Thank you. Mr. Romanelli, I made a few telephone calls myself today but more importantly, did Supervisor Harris get somebody up here to write a letter to the Department of Transportation, the regional office, did you see that that was facilitated? COUNCILMAn ROMAnELLI: I have not made sure that Pete has written that letter yet, no. MRS. EGAN: I believe that he was at the Town Hall, should have been at the Town Hall meeting this morning. COUNCILMAN ROMANELLI: He was supposed to be here, but he did not show. MRS. EGAN: He did not show. Did you find out why? April 8, 2003 36 Town Board Meeting COUNCILMAN ROMANELLI: I believe with the ice and snow last night, the crews were still out; that Pete was ....... MRS. EGAN: No, no, no, no, no, no, no, no, no. That is not so at all. I was out on the road, I go to church every morning, I pray for all you people. I pray very hard, most of the time .... SUPERVISOR HORTON: Mrs. Egan, what else would you like to address the Board on? MRS. EGAN: Now, in addition to this situation on Church Lane. I called our Senators, our U.S. Senators and told them that maybe they should come out here and investigate what I perceive, that is my opinion, a racial situation. And I was told that maybe even A1 Sharpton might come out here at a Town Hall meeting. So you are all waiting for the curtain to fall and it is going to fall on your necks. And let me tell you, god help you all for what you have and haven't done. The sins of a mission .... SUPERVISOR HORTON: Mrs. Egan, what else would you like to address the Board on? MRS. EGAN: Pardon? SUPERVISOR HORTON: What else would you like to address the Town Board on, town related business? MRS. EGAN: Let me see, let me see if I have anything else. Oh, yes. Very important. Extremely important. Instead of spending this money, as Mr. Carlin says, on ridiculous things; how much input has been done and Mr. Richter should know about this but I am sure that he doesn't. You know, our accident rate has gone up, our crime rate. When are we going to get the Auxiliary Policemen? The guys that are in the brown uniforms, the college students and what have you, to help our policemen so that they are relieved of duty at funerals and getting people in and out. You need to spend, you can't get more policemen because you don't have enough money cause their salaries are too much, but you do have enough money to get Auxiliary policemen to help certainly the Town of Greenport and all of these towns here. Your accidents rates are going up and up and up and up and up. And when in god's name are you all going to all wake up, wake up, wake up before it is too late? SUPERVISOR HORTON: Would anyone else care to address the Town Board? JIM HICKEY: Jim Hickey, Mattituck. You cut into my notes, there, Josh. I just want to reply to the article that was in last weeks official town paper, "Who gains on Church Lane?" SUPERVISOR HORTON: I don't think that paper is the official town paper. MR. HICKEY: Well, that is what you told the residents of. .... SUPERVISOR HORTON: The Traveler-Watchman is currently, it will go year to year. It is not important but for the record. MR. HICKEY: The writer states 'is it mere coincidence that Jim DiNizio spoke in reference to racism and that he is a registered Conservative along with Josh Horton and Melanie Norden. Did they speak April 8, 2003 37 Town Board Meeting to put the Board members on the hot seat?' he goes on to state, 'where was all the Caucasian concern lwo years ago, five years ago or lwenly years ago? The whole time folks in the neighborhood lived next to a garbage dump. Well, about nine years ago, Reverend Fulford was trying to purchase a small piece of Town properly to build a new church on-do you recall that, Tom? COUNCILMAN WICKHAM: Mmhmm. MR. HICKEY: Okay, I spoke to the Town Board and Supervisor Wickham had a televised meeting nine years ago, reference to said sale. I stated that the Town should donate the land to the church because of the way that they condemned the lwo homes in the black community, so the Town could start their dump. In the rear of their living quarters and the only obvious reason was that the Town had to put the debris from the hurricane at that location. Because in those days, they would not speak out because of fear of the white community. The Church Lane community was established by families of migrant farm workers who came here in the early 20's from the deep South. Where lynchings, beatings and sometimes castration was common practice. Would you have spoke out, if you were in their position? I doubt it. This was one of the few areas where African-Americans could build a home and raise their children. The form of racism in Southold, as well as the rest of Long Island is segregated housing. Just as it existed back in the 20's, it still exists today. Maybe someday it will end. And by the way, I am a Caucasian, I am concerned and I spoke out within that time period. I agree with the writers statement, 'something smells here and it is not what is in the dump' Perhaps it is his newspapers partisan spin. Now, let me go back to Jim DiNizio, Josh Horton and Melanie Norden. Did they speak to put the Board members on the hot seat? I don't think so. The Board members accomplished that all by themselves. Thank you. SUPERVISOR HORTON: Would anyone else care to address the Town Board? Mr. Carlin. MR. CARLIN: You know, it was interesting back in 1989 when Frank Murphy was running for Supervisor. He wanted to build a composting plant. The Republicans didn't want it. It is very strange now all of a sudden, they all like the composting plant. I remember that one very well. I think that Ruth Oliva can back me up on that. Frank Murphy wanted to build a composting plant, the year of his election but didn't get it and the Republicans didn't but now all of a sudden the Republicans... Tom Wickham was, I think, on the Board. But the Republicans didn't want it but they seem to want it now. But anyway, Mr. Richter, you said last week about the Whitaker House would cost a lot of money, you're right. Because the Town Hall knows that. In fact, lwo years ago they had an architect give an estimate of $500,000 to put that building in shape, so you are right there, it would cost too much to put that building in shape. And one more thing, I was reading the Newsday the other day and I see the Marines built a 300 foot temporary bridge across the Tritis River in Iraq and it cost, it took them only a couple of days and it caught my eye on something there. Boy, to do that for that kind of speed and here over five years now and we still haven't got the Brush Creek Bridge completed which is 22 feet and that is still sitting there for five years and that ain't completed yet. So, it goes to show you how we move in this Town on things. On certain things. Other things we can move on. And I will be honest with you, I am going to tell you what they are. What we are all interested in this Town is. Open space, land preservation, moratoriums, up zoning and down zoning. That is all you people seem to know in this town. There is other things involved in this town. Reaching a happy medium is what I am been trying to say to these Boards for the last 25 years. April 8, 2003 Town Board Meeting SUPERVISOR HORTON: Thank you, Mr. Carlin and not that anybody put a gun to my head but we are getting the Brushes Creek Bridge replaced. Yes, Councilman Wickham? 38 COUNCILMAN WICKHAM: I would just like to make a very brief comment. We spoke before during the meeting tonight about the Local Waterfront Revitalization Project, 850 some pages here and you may not know exactly what this is.;;;.lt is not just the moratorium, it is comprehensive planning framework for the town, it adds two great advantages to the Town. The first is, the main thing in this book when it is finally adopted by the State and the Town; becomes in effect, the bible of planning here. The Federal Government, the County and the State and maybe the Town really can get in gear with it if we take our position once it is here. The second is: it should open up funding opportunities for the Town; for grants that will enable us to finance some ofthe projects that we want to do here. For 17 years, this document has languished here in Town Hall; it is finally in place due to two people. Two people have made this a reality. One of them is our Senior Planner, who is currently in Albany negotiating the fine print of these 800 some pages with the Department of State, who has to accept it. There is still some back and forth, there is still some little bit but at least we have a draft that is up there. She has been working tirelessly on this for about the last year, together with a lot of other jobs that are (inaudible). The other person who has made this a reality is our Supervisor, who put it as a top priority for the Town after 17 years of languishing. It would never have been done if he hadn't established a priority and gotten the Board and our Senior Planner to focus on it. It is an example of what can be done when you work together on an important project to achieve something useful for the Town. It is a tribute to both ofthem. SUPERVISOR HORTON: Thank you, Councilman Wickham. Thank you all for attending the Board meeting. We hopefully will see you next time. * * * * * * ~Q. ~e(t;4: Elizabeth A. Neville Southold Town Clerk