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HomeMy WebLinkAboutTB-02/25/2003SOUTHOLD TOWN BOARD REGULAR MEETING February 25, 2003 7:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, February 25, 2003 at 7:30 P.M., at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Justice Louisa P. Evans Councilman Thomas H. Wickham SUPERVISOR HORTON: Welcome to the February 25 public meeting of the Southold Town Board. Let me start by saying thank-you for all attending. There are several public hearings tonight. I would also like to start offering my apology to you all here and to the public for Town Hall being closed Monday and Tuesday. As many of you have heard and perhaps, if you did not, our heating system failed on Friday. Fortunately, the Town Board, particularly at the urging of our in house AC and heating guidance counselor, John Romanelli urged us to go out to bid for a new heating system, so fortunately, that was in place and we were able to execute repairs quickly. So the heating system is being replaced as we speak. The contractor that came in at very short notice, has been doing an excellent job but I apologize for having Town Hall closed for those two days. I know that it is an inconvenience. I particularly at this point in time, many folks are trying to get their paper work in for the STAR program. I believe that the deadline is March 1. We will be open tomorrow, so please join us if you have Town business between 8:00 A.M. and 4:00 P.M., we will be here. I would also like to February 25, 2003 2 Southold Town Board meeting start out by saying, I know it is old news to you but there is still remnants of snow on the ground. I would like to take my hat off to the hardworking members of the Southold Town Highway Department, the Police Department as well as our volunteer Fire Departments that were on call and working hard last Monday during that major snowfall. So, thank-you and thank them. And to Pete Harris as well, who was there right down in the ditches with them. I will commence this meeting by noting the policy at the top, that at our scheduled Town Board meetings it is the policy of the Town Board to off'er the floor to members of the public at two points over the course of the meeting. The first is prior to the reading of the resolutions, if you would like to address the Town Board on any of the resolutions that are on the printed agenda, I will off'er before we vote on those. As well, at the end of the, after we read the resolutions and we are completed on the voting of them, I also open the floor up to members of the public who would like to address the Town Board on any Town related business. With that being said, I do have a couple of bits of communication. I generally like to share something at the beginning of the meeting. This one comes from quite a well-known contractor in Southold Town and this is in regard to the Building Department. "Dear Josh and Board members, I would like to take this opportunity to bring to your attention how helpful and cooperative the Building Department has been in trying to administer the new building code. The new requirements are confusing at best and impossible to fulfill at some points. Throughout this transitions, everyone has been patient and as informative as possible as to how to meet the new rules. They deserve a job well- done." That comes from Peter Stoutenburgh, owner and operator of Environment, East. So well-done for the Building Department. As well, I have a piece of communication from Mr. Wagner, who is somebody who actually helps me in my job with regular communications with the County Department of Public Works, particularly as it pertains to a stretch of North Road, the Counties portion of Route 48. He received a piece of correspondence that I received as well. "Dear Mr. Horton, I received the attached letter from the Suffolk County Chief Engineer, Bill Shannon, indicating that County Road Route 48 will be paved between Horton Land and Boisseau Avenue in the spring. Let's hope that there are no further delays." So let's thank Mr. Wagner for being an extension of Town government, for keeping on the County and keeping them to their promise of paving that road. Don't clap yet. We do have several reports and other bits of communications available to the public between 8:00 AM and 4:00 PM at the Town Clerk's Office. If you would care to review any of the reports or communications, you may do so by checking in at the Town Clerk's office during the work week and work day. With that being said, we will move forward with the order of the bills. Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $636,602.98; General Fund Part Town bills in the amount of $45,310.77; Highway Fund Whole Town bills in the amount of $37,981.69; Highway Fund Part Town bills in the amount of $45,919.40; Capital Projects Account bills in the amount of $57,896.76; AG Land Development Rights bills in the amount of $313.86; Landfill Cap & Closure bills in the amount of $3,421.44; Community Preservation Fund (2 % tax)bills in the amount of $24,982.84; New London Terminal Project bills in the amount of $15,801.99; Employee Health Benefit Plan bills in the amount of $7,688.31; Fishers Island Ferry District bills in the amount of $22,533.11; Refuse & Garbage District bills in the amount of $65,571.85; Southold Wastewater District bills in the amount of $10, 852.31; Fishers Island Sewer District bills in the amount of $56.15; Southold Agency & Trust bills in the amount of $4,423.31 and Fishers Island Ferry District Agency & Trust bills in the amount of $63.24. February 25, 2003 3 Southold Town Board meeting Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the next Town Board work session be held on Tuesday, March 4, 2003 at 9:00 AM. SUPERVISOR HORTON: That will be taking place next week as we did not hold the work session today, so next Tuesday's work session will be the agenda of what was to be today's work session. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the next regular Town Board meeting be held Tuesday, March 11, 2003 at 4:30 P.M. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Scavenger Waste Treatment Facility January 2003 2. Recreation Department January 2003 3. Program for the Disabled January 2003 Events 4. Southold Town Justice Court, Price January 2003 5. Southold Town Justice Court, Bruer January 2003 6. Southold Town Justice Court, Evans January 2003 7. Juvenile Aid Bureau, Police Department January 2003 8. Island Group Administration Claim Lag Report through January 2003 II. PUBLIC NOTICES 1. Corps of Army Engineers, NY District, Notice of Application of Claudio Family Corporation to install a bulkhead and discharge ill material in Greenport Harbor, Shelter Island Sound, Town of Southold. Comments by March 7, 2003. 2. NYS Department of Environmental Conservation Notice of Complete Application of Mark Baxter to subdivide one 7 acre parcel into two lots with a new single family dwelling setback 100 linear feet from the Tidal Wetland Boundary at 5805 Main Bayview Road, Town of Southold. Written comments by March 14, 2003. III. COMMUNICATIONS 1. Letter to Supervisor Horton from Peter Stoutenburgh, Environment East Inc., re appreciation for cooperation of Building Department. 2. Letter to Supervisor Horton from Donald Wagner re paving of County Road 48 between Horton Lane and Boisseau Avenue, Southold. SUPERVISOR HORTON: Moving forward, I will off'er the floor at this point to members of the public that would like to address the Town Board on any items that are on the printed agenda, any of the printed resolutions. Would anybody care to address the Town Board? February 25, 2003 4 Southold Town Board meeting JOAN EGAN: Good Evening, Joan Egan, East Marion. I was asked why I had green on tonight, Mr. Horton, I said in preparation for Saint Patricks' Day and he said I should have orange and I said, "Not from where I come from in Ireland" Okay, starting with #113, I notice always we don't have nepotism here between Mr. Richter and Mr. James Richter. Is that a family member? SUPERVISOR HORTON: Mrs. Egan, appointing James Richter who is our Town Engineer and who has been so competently and hard-working Town Engineer for quite a few years, we are appointing we him as a member of the Southold Town Transportation Commission, which is largely comprised of members of Town government as well as citizens and this is a volunteer position and his input is invaluable on this Commission. MRS. EGAN: Okay, I will accept that then. #116 and of course, that would follow again for #117, you know how strongly I feel, how I felt about you guys going out of Town, and when the cat is away, the mice will play. Now, you are sending these policemen out of town, Det. Dzenkowski is wonderful and we have so many children here who need her here and now she will be gone and now you are sending Sgt. Perkins out of town when we are down again on policemen. I think this is very wrong, I think it is a waste of money for the taxpayers and we need our policemen here. I would like in the future, you think very, very carefully about sending people to these meetings, including everybody up there. This is where you belong, this is where they belong. There is more than enough things on computers and books and what have you that they can get their information and their education in these regards including all of you right here in Southold. Okay, now, now I notice also, #122, I notice that we have a great deal of turnover in the Human Resource Center. Every time I come up here there are one or two people for a change. There has to be a reason. Either, it is a Town problem, management problem at the Human Resource Center but you need continuity, especially for people who are elderly and not well. They do not like to see new faces, they like to be comfortable with the same people. It is part of their regime, so again, I would like to know why; if you can't answer me that is fine but think about it. Why do we have such a turnover there? Now, on #126, appoint Vanessa Patterson as a volunteer Student Intern to assist the Town Historian, how is she chosen and is there a did she write an essay, is she a top honors child? SUPERVISOR HORTON: Mrs. Egan, she is a student who has worked with our Town Historian in the past and has shown a very specific and strict adherence and interest in local history. MRS. EGAN: That is fine but how was she chosen? SUPERVISOR HORTON: She was chosen by the Town Historian. MRS. EGAN: Oh, well. Maybe, she does this all the time? Somebody else should get a turn. People who review history, it is always good to have somebody new on the scene. Okay, now on #131, will that, I believe in March, that will enable people who get cablevision that are senior citizens to get a 10% reduction in their cable bill. Mr. Moore, you seemed to be an authority last time. SUPERVISOR HORTON: Mrs. Egan, we will actually be holding a public hearing on that specific item this evening. February 25, 2003 Southold Town Board meeting MRS. EGAN: That isn't for now? SUPERVISOR HORTON: That is correct. MRS. EGAN: Sorry about that. Thank you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on printed resolutions? FRANK WILLS: Good evening, Frank Wills from Mattituck. On #128, I wonder whether you have any idea on what the study will actually do because presumably the Corp of Engineers should know all about jetties having gone through the Levon disaster, close to 30 years ago. I wonder whether anything new has come up in the meantime because erosion is still caused on the down hill side which the east side of Mattituck Inlet is. So I was wondering where all this money is going to be spent or whether this is merely another repeat performance of a jetty study? SUPERVISOR HORTON: This is a, #128 refers to a Section 111 study which is an initiation from the Army Corp of Engineers, a federally regulated entity and it is a partnership between the Federal Government, the Army Corp of Engineers, the State of New York-Department of State and Department of Environmental Conservation in Southold Town and essentially, in short, what it is and I can provide you with all the paperwork on it out of my office, if you would like it but essentially what it is is to establish the long-term effects of that jetty which seem quite clear to yourself and myself as well. And also to off'er possible solutions to dealing with the lack of literal drift east of that jetty and what those possible solutions may be for beach nourishment as well as what percentage or what load of responsibility will fall back to the Army Corp of Engineers on that. So that is exactly why it is not only conducted by the Army Corp but also by the State and the Town as well. MR. WILLS: Excuse me for harping on it but there is nothing new. We know the erosion is caused by a jetty, the Levon jetty was a prime example, I know about it because I had to move my house because of it. It was taken down and in the meantime, the erosion has stopped. Now, the normal erosion is 1-2 foot a year out here. But the difference between the Mattituck Inlet jetties is 1000 foot now. And it is accelerating. SUPERVISOR HORTON: Indeed it is. MR. WILLS: So, why study the whole thing over again when I think we know the answers and spend close to halfa million dollars. It seems a waste of money. SUPERVISOR HORTON: Thank you. Would anyone else care to address the Town Board? SONIA POLAK: My name is Sonia Polak, I am a resident of Southold. This is on #111, how much are you talking about? COUNCILMAN ROMANELLI: It is $19,300. MS. POLAK: $19,300 for what? February 25, 2003 6 Southold Town Board meeting COUNCILMAN ROMANELLI: Tennis courts. MS. POLAK: A tennis court? Do they really need them? SUPERVISOR HORTON: I think there is a general feeling throughout Town that was brought to the Board's attention not only in the recent year, the recent months but as well as in years past that there seems to be a need for tennis courts in Southold Town. MS. POLAK: Well, aren't there more important things that the Town needs than tennis courts? SUPERVISOR HORTON: I would say that they are equally as important and more important, yes. MS. POLAK: So why spend it on tennis courts? SUPERVISOR HORTON: This was something that the Parks Department... MS. POLAK: To satisfy the few people who want to just flip a ball around is one thing but I am sure that there are much more things that this money could go to. SUPERVISOR HORTON: Well, I hope it will serve the needs of a lot of Southold Town residents. MS. POLAK: But they have tennis courts at the school. All of the schools. SUPERVISOR HORTON: Indeed. This is again, a project that has been in motion for quite some time and the Board in conjunction with the Parks and Recreation Committee and Community Development thought that the addition of some tennis courts on some of our Town Recreational facilities would benefit the community. MS. POLAK: Well, the reason that I questioned it is because the Town has been talking about a new Animal Shelter and it is always a matter of money. So if they can afford to spend $19,000 on tennis courts it would probably be better to put that money towards the new shelter, don't you think? SUPERVISOR HORTON: I think there is room for definite discussion on that, yes. COUNCILMAN MOORE: Well, it is a classical matter, the Board approves, as far as the Animal Shelter goes, we have not only the gift from Mr. Raynor which exceeds .... MS. POLAK: Yes, I heard about the gift. COUNCILMAN MOORE: I haven't finished, please. approximately $60,000. MS. POLAK: Right, $67,000. $250,000 plus an additional gift of February 25, 2003 7 Southold Town Board meeting COUNCILMAN MOORE: Thank you and the Town Board itself, put in the capital budget this year $750,000 which you are probably aware of, brings you to $1,000,000 so in think that the Board has shown its commitment to this facility. MS. POLAK: Alright, it may not be on the agenda now... COUNCILMAN MOORE: This is a different community need that has been expressed and as Josh said, the Recreation Committee sat down and looked at a variety of things, a soccer field, ball diamonds and tennis courts and this is some of the recreational needs that the community has identified that they want to have. MS. POLAK: Since you brought up the Animal Shelter expenditure... COUNCILMAN MOORE: You brought it up. MS. POLAK: Well, I brought it up first and you followed through with the money idea. If I may ask, does the Town have any idea when they intend to start construction? COUNCILMAN MOORE: As soon as possible. MS. POLAK: Like when? Spring? May, June, April? COUNCILMAN MOORE: I would like to see it happen this summer. MS. POLAK: I would too, because we heard it would start last summer and it didn't. COUNCILMAN MOORE: Well, the Town put the extra money in this year's budget, not last year. MS. POLAK: So it will definitely be going up this summer? COUNCILMAN MOORE: I sure hope so. There is a whole process by which you approve the design, you .... MS. POLAK: I understand all of that. SUPERVISOR HORTON: If you don't mind, this portion of the meeting, in keeping with protocol... MS. POLAK: I understand that, I don't mean to stray away. SUPERVISOR HORTON: No, not at all. They were very pertinent questions. MS. POLAK: Okay. John looks at me like I am nuts and he says what is she up to? Thank you very much. SUPERVISOR HORTON: Would anyone else care to address the Town Board on the resolutions? February 25, 2003 8 Southold Town Board meeting CATHERINE STEADMAN: Catherine Steadman, Mattituck. I would just like to commend the Adamowicz family and the County and the Town for the purchase of the property for preservation. It is a great thing. There are a lot of animals there that, open space if fine but they need cover as well. You are doing a great thing and hopefully, I know Carol Sullivan had sent a fax to Melissa Spiro regarding the Tsontos property, which is the 7 acres to her east and perhaps they will consider putting that into the greenways program as well. And as far as, just a comment back to #116 and #117, computers-there are a wealth of information out there but nothing beats sitting in a room with people and nelworking and getting information and feedback because different areas have different problems and you can't find that on a computer. SUPERVISOR HORTON: Thank you very much. On the printed resolutions, would anyone else care to address the Town Board? FRANK CARLIN: Frank Carlin, Laurel. #124, why so much? The senior citizens this year only got a 1.4% in their Social Security, inflation is only about 1.5%. How come 6.5%? SUPERVISOR HORTON: That was the percentage that the Ferry District deemed appropriate for the position, Mr. Doherty, he is the manager of the Ferry District. MR. CARLIN: Wait a minute. Who determines the amount of percentage of the raises? The people who run the ferry or the Town Board? SUPERVISOR HORTON: The Commissioners of the Ferry District. MR. CARLIN: Well, then they can come along and say to you that they want a 12% raise and you have to go along with it, right? You just said that you don't control the amount of the percentage of the raises, right? Forget it. SUPERVISOR HORTON: Mr. Carlin, I think that the Commissioners felt that that salary had been extremely low for a long time and was brought up. MR. CARLIN: Well, our senior citizens feel the same way, they should have got more than 1.4% in their Social Security but we couldn't do nothing about it, either. He can do what he wants about it, he wants 6.5%. SUPERVISOR HORTON: Thank you, Mr. Carlin. Would anyone else care to address the Town Board? MRS. EGAN: Where is Cochran Park? COUNCILMAN ROMANELLI: Peconic Lane. SUPERVISOR HORTON: It is on Peconic Lane, Mrs. Egan. along with the reading of the resolutions. With that being said, we will move February 25, 2003 9 Southold Town Board meeting #106 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Patricia Conldin and Damon Rallis to the full-th-ne position of Building Permits Examiner in the Building Department effective inunediately, in accordance with the rules and regulations set forth by the Suffolk County Department of Civil Service. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #107 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 ¢ommuni~ Preservation Fund as follows: To: Site Development Full Time Regular Earnings $ 21,350 GPS Equipment 5,500 Supplies & Materials 93,150 H3.1620.1.100.100 H3.1620.2.500.100 H3.1620.4.100.100 From: H3.8660.2.600.100 Vote of the Town Board: Supervisor Horton. Land Acquisitions $120,000 Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, This resolution was duly ADOPTED. #108 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Morgan as a part- th-ne Deckhand for the Fishers Island Ferry District effective February 13~ 2003, at a rate of $8.66 per hour. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #109 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the following two (2) bids for the three (3) used vehicles, in accordance with the bid specifications and the approval of the Town Attorney: ASSET # DESCRIPTION VIN # AWARDED TO: 2515 1999 Ford Crown Victoria 2519 1999 Ford Crown Victoria 2FAFP71W1XX194069 2FAFP71W5XX 194073 Grace's Quality Used Cars $3636.00 Grace's Quality Used Cars $3636.00 February 25, 2003 10 Southold Town Board meeting 2518 1999 Ford Crown Victoria 2FAFP71W5XX194072 Police Cars Unlimited $2727.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #110 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to hold their annual Strawberry Festival and Country Fair, Route 48, Mattituck from Friday, June 13, 2003 through June 15, 2003 provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Lt. Flatley to be contacted at least ten (t0) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #111 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town 2002 budget as follows: To: Buildings & Grounds, Capital Outlay Cochran Park A.1620.2.500.825 From: $19,300.00 Buildings & Grounds, Capital Outlay A. 1620.2.500.850 Tasker Park Tennis Courts $19,300.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #112 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Village Merchants to use the Main Road beginning at the comer Boisseau Avenue heading west to Tuckers Lane~ Southold~ New York. for their "Home Town Parade" on Friday, July 4~ 2002~ beginning at t t :00 a.m. and ending by 12:00 p.m. noon, provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Lt. Flatley to be contacted at least ten (t0) days prior to the event to coordinate traffic along route. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. February 25, 2003 11 Southold Town Board meeting #113 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James Richter, Town Engineer to the Southold Town Transportation Commission, term to expire December 31, 2004. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #114 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby changes the title of the Planning Department's part-time employee, Victor L'Epplattenier, from Senior Planner to Site Plan Reviewer, effective February 25, 2003 (no salary change). Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #115 Moved by Councilman Moore, 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: A. 1680.2.400.400 Data Processing, Equipment, Printers $185.26 A.1990.4.100.100 Unallocated Contingencies $185.26 Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #116 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold authorizes Detective Beth Dzenkowski to attend the Executive Board meeting of the New York Police Juvenile Officers Association as 2''4 Vice President, on Thursday, March 6, 2003 through Friday, March 7, 2003 in Albany, New York; transportation expenses (approximately $45) to be a legal charge to the Juvenile Aid Bureau budget. Vote of' the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #117 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes Sit. Richard Perkins to attend the Grant Writing Course (LE) sponsored by the Northeast Counterdrug Training Center February 25, 2003 12 Southold Town Board meeting from Monda¥~ March 17~ 2003 through Friday March 2L 2003 at Fort Indiantown Gap~ Annville Pennsylvania; transportation costs (tolls and fuel) to be a legal charge to the Police Department budget. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #118 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2002 budget as follows: To: SM.5610.4 Elizabeth Airport $28,000 SM.5710.1 Ferry Operations, P.S. 58,000 SM.5711.4 Office Expense 7,000 SM.9010.8 Retirement Benefits 5,000 SM.9030.8 Social Security Benefits 2,500 SM.9060.8 Hospital & Medical Benefits 2,500 From: SM.9730.7 B.A.N., Interest $103,000 Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #119 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 budget as follows: General Fund Whole Town To: A.1010.4.500.200 Town Board, Labor Relations 5,500 A.1010.4.500.300 Town Board, Environmental Consultant 2,500 A.1010.4.600.750 Fishers Island Harbor Committee 200 A.1110.1.100.100 Justices, FT Regular Earnings 200 A.1110.4.100.100 Justices, Supplies & Stationary 250 A. 1110.4.500.200 Justices, Court Reporters 850 A. 1110.4.500.300 Justices, Interpreters 200 A.1220.4.100.100 Supervisor, Office Supplies 350 A.1220.4.200.100 Supervisor, Cellular Telephone 300 A. 1330.1.100.100 Tax Receiver, FT Regular Earnings 600 A. 1330.1.300.200 Tax Receiver, Seasonal Overtime 100 A. 1330.4.100.100 Tax Receiver, Office Supplies 600 A. 1330.4.600.100 Tax Receiver, Legal Notices 10 February 25, 2003 Southold Town Board A.1355.1.200.100 A.1410.1.100.200 A.1410.1.100.300 A.1410.1.100.400 A.1410.4.100.125 A.1420.1.200.100 A.1420.4.100.200 A. 1420.4.600.200 A.1620.1.100.100 A.1620.2.500.200 A.1620.4.100.200 A.1620.4.100.300 A.1620.4.100.550 A. 1620.4.200.200 A. 1620.4.400.700 A.1620.4.400.800 A.1620.4.600.100 A. 1670.2.200.400 A. 1670.4.400.600 A.1680.4.400.556 A.3020.1.100.100 A.3020.1.100.200 A.3020.1.100.300 A.3020.1.100.400 A.3020.1.100.500 A.3120.1.100.200 A.3120.1.200.100 A.3120.1.300.200 A.3120.4.100.200 A.3120.4.100.550 A.3120.4.100.800 A.3120.4.400.400 A.3120.4.400.650 A.3120.4.400.700 A.3120.4.500.200 A.3120.4.600.600 A.3130.1.100.200 A.3130.4.100.200 A.3130.4.100.600 A.3130.4.400.650 A.3130.4.600.200 13 meeting Assessors, PT Regular Earnings Town Clerk, FT Overtime Earnings Town Clerk, FT Vacation Earnings Town Clerk, FT Sick Earnings Town Clerk, Law Books Town Attorney, PT Regular Earnings Town Attorney, Books Town Attorney, Meetings & Seminars Buildings & Grounds, FT Regular Earnings Buildings & Grounds, Vacuum Equipment Buildings & Grounds, Gasoline & Oil Buildings & Grounds, Janitorial Supplies Buildings & Grounds, Equip Parts/Supplies Buildings & Grounds, Light & Power Buildings & Grounds, Building Rental Buildings & Grounds, Equipment Rental Buildings & Grounds, Property Taxes Central Copying & Mailing, Postage Machine Central Copying & Mailing, Equipment Maint Data Processing, Town Clerk System Maint PSD, FT Regular Earnings PSD, FT Overtime Earnings PSD, FT Vacation Earnings PSD, FT Sick Earnings PSD, FT Holiday Earnings Police, FT Overtime Earnings Police, PT Regular Earnings Police, Seasonal Overtime Earnings Police, Gasoline & Oil Police, Flares, Oxygen, Ammo Police, First Aid Supplies Police, Laundry & Dry Cleaning Police, Vehicle Maint & Repairs Police, Vehicle Impound Police, Interpreter Service Police, Dues & Subscriptions Bay Constable, FT Overtime Bay Constable, Gasoline & Oil Bay Constable, Uniforms & Accessories Bay Constable, Vehicle Maint & Repairs Bay Constable, Meetings & Seminars 210 1,600 4,700 12,000 300 200 225 200 35,000 5OO 500 200 50 12,000 200 100 110 700 100 600 10,000 11,500 4,800 10,500 6,500 7,200 16,200 1,300 1,300 700 250 4,000 2,100 700 800 210 6,600 400 300 1,700 100 February 25, 2003 Southold Town Board A.3157.1.100.200 A.3157.1.100.500 A.3157.1.600.100 A.3310.2.100.100 A.3610.1.200.100 A.3640.4.400.100 A.3640.4.600.200 A.5182.2.500.500 A.5182.4.100.200 A.5182.4.100.500 A. 5182.4.400.700 A.6772.1.100.200 A.6772.4.600.300 A.7180.4.200.400 A.7510.4.100.100 A.7520.1.200.200 A.8090.1.100.100 A.8090.4.100.100 A.8160.4.500.400 A.8710.4.400.100 A.9030.8.000.000 14 meeting JAB, FT Overtime Earnings JAB, FT Holiday Earnings JAB, DARE Promotional Handouts Traffic Control, Devices Examining Boards, PT Regular Earnings Emergency Preparedness, FI Deputy Emergency Preparedness, Meetings Street Lighting, Fixtures Street Lighting, Gasoline & Oil Street Lighting, Motor Veh Parts/Supplies Street Lighting, Pole Rental Programs for the Aging, FT Overtime Programs for the Aging, Travel Reimb Beaches, Water Historian, Office Supplies Landmarks Preservation, PT Overtime Trustees, FT Regular Earnings Trustees, Office Supplies DEC Monitoring Expense Land Preservation Committee Social Security Benefits 25 700 25 1,400 700 5OO 125 1,000 25 1,300 5OO 8OO 25 1,000 200 50 300 100 11,000 6,400 400 From: A.1010.4.100.125 A.1010.4.500.400 A.1010.4.500.500 A.1010.4.600.200 A.1010.4.600.600 A.1110.1.200.100 A.1330.1.300.100 A.1355.1.300.100 A.1410.1.100.100 A.1420.4.500.100 A.1620.4.400.100 A. 1620.4.400.600 A.1670.2.200.500 A.1680.4.400.552 A.3020.4.200.100 A.3120.1.100.100 A.3120.1.100.300 A.3310.4.100.995 Town Board, Code Updates & Law Books Town Board, Medical Consultant Town Board, Planning Consultant Town Board, Meetings & Seminars Town Board, Dues & Subscriptions Justices, PT Regular Earnings Tax Receiver, Seasonal Earnings Assessors, Seasonal Earnings Town Clerk, FT Regular Earnings Town Attorney, Legal Counsel Buildings & Grounds, Building Maint/Repairs Buildings & Grounds, Equipment Maint/Repairs Central Copying & Mailing, Copy Machines Data Processing, Financial System Maint PSD, Telephone Police, FT Regular Earnings Police, FT Vacation Earnings Traffic Control, Signs 2,500 1,500 2,000 2,000 2OO 1,500 1,310 210 18,600 625 30,000 18,660 800 600 5,000 15,000 67,910 1,400 February 25, 2003 Southold Town Board A.3610.4.500.300 A.3640.1.200.100 A.5182.4.200.250 A.6772.1.100.100 A.7020.1.100.200 A.7510.4.400.300 A.7520.4.100.100 A.8090.1.200.100 A.8090.4.400.600 A.8090.4.600.100 A.8090.4.600.300 A.8710.4.400.200 A.9010.8.000.000 15 meeting Examining Boards, CAC Emergency Preparedness, PT Regular Earnings Street Light Power Programs for the Aging, FT Regular Earnings Recreation, Overtime Earnings Historian, Printing & Engraving Landmarks Preservation, Supplies & Materials Trustees, PT Regular Earnings Trustees, Equip Maint Trustees, Legal Notices Trustees, FI Travel Land Preservation, Consultants Retirement Benefits 700 625 2,825 825 1,000 200 5O 5O 5O 200 100 6,400 12,050 General Fund Part Town To: B.8010.1.100.100 B.8010.1.200.100 B.8020.1.100.200 Zoning, FT Regular Earnings Zoning, PT Regular Earnings Planning, Overtime Earnings From: B.9010.8.000.000 Retirement Benefits Highway Fund Whole Town To: DA.5140.4.100.550 Miscellaneous, Equipment Parts/Supplies DA.5140.4.400.200 Miscellaneous, Property Maintenance From: DA.5140.1.100.100 Miscellaneous, FT Regular Earnings Highway Fund Part Town To: DB.9030.8.000.000 Social Security Benefits From: DB.9040.8.000.000 Workers Compensation Benefits Community Preservation Fund To: 5,500 8OO 200 6,500 1000 8OO 1,800 4,200 4,200 February 25, 2003 Southold Town Board meeting H3.8660.2.500.200 H3.8710.1.200.100 H3.8710.2.400.100 From: H3.8660.2.600.100 H3.8710.2.400.200 16 Appraisals PT Regular Earnings Land Use Consultants Land Acquisitions Land Stewardship/Management 2,000 3OO 4,000 2,300 4,000 Employee Health Plan To: MS.1420.4.500.100 MS.1910.4.000.000 From: MS.1989.4.000.000 Plan Trustee Legal Counsel Insurance Medicare Reimbursement 1,600 11,500 13,100 Solid Waste District To~ SR.1490.1.100.200 SR.8160.1.100.200 SR.8160.1.100.300 SR.8160.1.100.400 SR.8160.1.200.100 SR.8160.4.100.565 SR.8160.4.100.640 SR.8160.4.100.650 SR.8160.4.400.670 SR.8160.4.400.806 SR.8160.4.400.810 SR.8160.4.400.820 SR.8160.4.400.850 From: SR.1420.4.500.100 SR.1910.4.300.100 SR.8160.1.100.100 SR.8160.1.100.500 SR.8160.4.100.200 SR.8160.4.100.573 Administration, FT Overtime Refuse & Garbage, FT Overtime Earnings Refuse & Refuse & Refuse & Refuse & Refuse & Refuse & Refuse & Refuse & Refuse & Refuse & Refuse & Garbage, FT Vacation Earnings Garbage, FT Sick Earnings Garbage, PT Regular Earnings Garbage, Maint Mack Quarry Truck Garbage, Maint Trailer Fleet Garbage, Garbage Bags Garbage, Repair Mack Quarry Truck Garbage, MSW Disposal Garbage, C & D Removal Garbage, Plastic Recycling Garbage, Refrigerant Removal Refuse & Garbage, Legal Counsel Insurance, Inland Marine Refuse & Garbage, FT Regular Earnings Refuse & Garbage, FT Holiday Earnings Refuse & Garbage, Diesel Fuel Refuse & Garbage, Maint Trommel Screen 100 17,200 15,400 49,300 6,400 225 5O 2,300 10 42,000 10,000 300 300 10,200 6,500 9,000 3,000 9,000 7,000 February 25, 2003 Southold Town Board meeting SR.8160.4.100.575 SR.8160.4.400.100 SR.8160.4.400.805 SR.8160.4.400.815 17 Refuse & Garbage, Maint Leaf Shredder Refuse & Garbage, Engineering Refuse & Garbage, MSW Disposal Refuse & Garbage, Scrap Tire Removal 8,000 5,000 82,400 3,485 February 25, 2003 18 Southold Town Board meeting Wastewater Disposal District To: AppropHations: SS1.8130.1.200.100 SS1.8130.4.100.125 SS1.8130.4.200.200 SS1.8130.4.200.400 SS1.8130.4.400.800 SS1.8130.4.500.900 PT Regular Earnings Miscellaneous Supplies Light & Power Water Sludge Removal Shelter Island Settlement Revenues: SS1.5990.00 Appropriated Fund Balance From: Approp~ations: SS1.8130.1.100.100 SS1.8130.1.100.200 SS1.8130.4.100.100 SS1.9010.8.000.000 SS1.9030.8.000.000 SS1.9040.8.000.000 SS1.9055.8.000.000 SS1.9055.8.000.300 SS1.9901.9.000.000 FT Regular Earnings FT Overtime Earnings Office Supplies Retirement Benefits Social Security Benefits Workers Compensation Benefits CSEA Benefit Fund Disability Benefits Transfers to Health Plan 8OO 3OO 1,600 120 11,300 60,000 26,260 28,900 2,000 1,100 2,500 2,400 8OO 6OO 160 9,400 Fishers Island Sewer District To: SS2.1440.4.000.000 From: SS2.8160.4.000.000 Vo~ of the Town Board: Engineering 4,000 Refuse & Garbage 4,000 Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #120 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District~ 2003 budget as follows: February 25, 2003 Southold Town Board meeting To: SM.9010.8 From: Retirement Benefits 19 $60,000 SM.9730.7 B.A.N., Interest $60,000 Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #121 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of All Island Equipment Corp. in the amount of $69,750.00 for a new asphalt paver and 10 ton equipment trailer for use by the Southold Town Highway Department. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #122 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Nicholas Kastanias, part-time Food Service Worker at the Southold Town Human Resource Center, effective January 31, 2003. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #123 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Superintendent of Highways, Peter W. Harris, to purchase one new asphalt roller from the Suffolk County Contract (Letting No.: 22-02.8.8, Item 1) for the sum of $28,500.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #124 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED, that the Town Board of the Town of Southold authorizes a salary increase of 6.5% retroactive to January 1, 2003, to Thomas F. Doherty, Manager, Fishers Island Ferry District. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #125 Moved by Councilman Romanelli, seconded by Councilman Moore, it was February 25, 2003 20 Southold Town Board meeting RESOLVED that the Town Board of the Town of Southold hereby appoints Bruno Semon to the full-time position of Senior Site Plan Reviewer in the Planning Department at a yearly salary of $45,188.27, effective February 27, 2003. COUNCILMAN ROMANELLI: Bruno is currently a Building Inspector in the Town and this is a lateral move to the Planning Department. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #126 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Vanessa Patterson as a volunteer Student Intern to assist the Town Historian with an archive project during the month of March, 2003. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #127 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute the Congregate Services Initiative contract agreement with the County of Suffolk for the period of April 1, 2002 through March 31, 2003 all in accordance with the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #128 Moved by Councilman Romanelli, seconded by Councilman Moore, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25, 2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND THE STATE OF NEW YORK ("STATE") IN THE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $485,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BY THE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND February 25, 2003 21 Southold Town Board meeting AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. RECITALS WHEREAS, due to increased concern as to the problem of erosion of the shoreline east of Mattituck Inlet (hereinafter sometimes referred to as "Inlet"), in the Town of Southold (hereinafter sometimes referred to as "Town"), in the County of Suffolk, New York, the United States Army Corps of Engineers (hereinafter sometimes referred to as "Government") and the Department of Environmental Conservation of the State of New York (hereinafter sometimes referred to as "State") have entered into an agreement pursuant to Section 111 of the River and Harbor Act of 1968, as amended, following a determination of the Government that further study, in the nature of a "Feasibility Phase Study", is required, inter alia, to assess the extent of the Government's interest in participating in a solution to the problem; and WHEREAS, the State has the authority and capability to cooperate with the Government in the conduct of such a study and is willing to participate in sharing the cost and financing pursuant to the terms of such agreement in the same percentage as the purposes of the project as specified in Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662) to the extent that the State shall contribute cash and in kind services equal to fifty percent (50%) of such costs; and WHEREAS, the State has the authority pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws to represent the Town in matters concerning the study and the Town has the authority and capability to furnish the non-Government cooperation and has asked the State to represent its interests concerning preparation and development of such study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet" (hereinafter sometimes referred to as "Study") and has consented to enter into an agreement with the State whereby the non-Government's share of the costs, estimated to be $242,500, will be reimbursed to the extent of $72,750, being thirty percent (30%) of said non-Government's cost and it is necessary and in the public interest for the Town to provide the requisite financing for said reimbursement; Now therefore, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to join with the Government and the State in the preparation and development of the Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet, the Town's interest to be represented by the State, as authorized pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws, all as hereinabove referred to in the Recitals hereof and to enter into an agreement with the State concerning the methodology participating in the Study and to share the costs thereof. The estimated maximum cost of the Study, including the contributions by the Government, the State and the Town, is $485,000 of which $242,500 is to be expended by the State subject to reimbursement by the Town at the completion of the Study. The estimated maximum cost of the reimbursement to be paid by the Town to the State, as hereinabove referred, to is $72,750, plus preliminary costs and costs incidental thereto and to the financing thereof in the amount of $10,000 and the respective amounts are hereby appropriated therefor. The plan of financing includes the issuance of $82,750 serial bonds of the Town to finance the said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $82,750 are hereby February 25, 2003 22 Southold Town Board meeting authorized to be issued pursuant to the provisions of the New York Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York {herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose described in Section 1 hereof, being the planning for a future capital improvement, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 62. of the Law, is five (5) years. (b) Pursuant to the provisions of Section 99-d of the New York General Municipal Law, the Town shal 1 not have power to authorize any action with respect to erosion control or related work resulting from the recommendations of the Government or the State or the Town with respect to the results of the Study until at least one (1) year after the date of the original issuance of said bonds or any bond anticipation notes issued in anticipation of the sale of said bonds. (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (d) The Town Board of the Town, acting as Lead Agency pursuant to the New York Environmental Quality Review Act ("SEQRA "), has determined that the Study is a Type II Action and will not have a significant impact upon the environment and that no further review is required. (e) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: February 25, 2003 23 Southold Town Board meeting (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within l-vventy days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That brings us to the current end of our resolutions. The next three we have to hold our public hearings before we can vote on them, so what I would like to do is move into our public hearings. We don't have our usual public hearing notice reader with us so I would ask Councilman Moore to start off with the first one. Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is recessed at 8:00 PM for the purpose of holding five (5) public hearings 1. Hearing on application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing~ Review of~ and Making Decisions on the Applications for Ma[or and Minor Subdivisions and Special Use Permits and Site Plans Containing Dwelling Unit(s) in the Town of Southold" for the minor subdivision of Edgar and Arlene Marvin~ SCTM #1000-117-10-09; 2. Hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing~ Review of~ and Making Decisions on the Applications for Maior and Minor Subdivisions and Special Use Permits and Site Plans Containing Dwelling Unit(s) in the Town of Southold" for the ma[or subdivision of Zoumas at Ba.yview~ SCTM #1000-79-4-17.14 and 17.17; 3. Hearing on the purchase of the property of Adamowicz and others~ SCTM #1000-121-5-4.1; 4. Hearing on "A Local Law in Relation to Implementing Volunteer Firefighters and Ambulance Workers Real Property Tax Exemption." 5. Hearing on the Adoption of a Cable Franchise Agreement with Cablevision. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvenedat #129 Moved by Councilman Romanelli, seconded by Councilman Moore, February 25, 2003 24 Southold Town Board meeting WHEREAS, on July 2, 2002, the Town Board of the Town of Southold held a public hearing and elected to purchase 69.4 acres of the subject property in a 50%/50% partnership with the County of Suffolk as tenants in common; and WHEREAS, the partnership in the project has changed in that the County of Suffolk is now purchasing approximately 59.4 acres and the Town of Southold is purchasing approximately 10 acres; and WHEREAS, the Town Board of the Town of Southold held another public hearing on the question of fee title acquisition of the 10 acre area of property of Michael Adamowicz and Others on the 25th day of February 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is located on the south side of Sound Avenue in Mattituck and is identified as SCTM #1000-121-5-4.1; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) of the Town Code; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved. The property is significant for open space and recreational (trail) purposes and is located within the Special Groundwater Protection Area; and WHEREAS, the subject property is adjacent to and in the vicinity of over 400 acres of preserved land; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property, for open space preservation purposes. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve, passive recreational area with trails and parking for access purposes; and WHEREAS, the purchase price is $27,000 (twenty-seven thousand dollars) per acre for the 10 acre acquisition. 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 additional costs associated with the acquisition are to be shared between the Town of Southold and the County of Suffolk and will be based on the percentage of land acquired by the Town (currently standing at approximately 14%); be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase 10 acres of the 71.4 acre parcel identified as SCTM# 1000-121-5-4.1 at the purchase price of $27,000 (twenty-seven thousand dollars) per acre, pursuant to the provisions of Chapter 6 of the Code of the Town of Southold. Other than the land acquisition cost, all additional costs associated with the acquisition are to be shared between the Town of Southold and the County of Suffolk and will be based on the percentage of land acquired by the Town (currently standing at approximately 14%). SUPERVISOR HORTON: I would just like to say again, Melissa, on behalf of the Board, thank you. You come in early, you leave late and as a result the majority of the area around Laurel Lake is preserved, so thank you. While you are clapping you should give yourself a round of applause because it is the taxpayer who is providing the money. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #130 Moved by Councilman Richter, seconded by Councilman Moore, February 25, 2003 25 Southold Town Board meeting WHEREAS, there has been presented to the Town Board of the Town of Southold on the 4th day of February, 2003, a Local Law entitled, "A Local Law Implementing Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption", now, therefore, be it WHEREAS, a public hearing was held on this Local Law on the 25th day of February 2003, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold ENACTS the following Local Law: LOCAL LAW NO. 4 - 2003 A Local Law in Relation to Implementing Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD as follows: Legislative Intent. This Town Board hereby finds and determines that volunteer firefi~hters and ambulance workers are amon~ the first service units to respond in the event of an emergency. In servin~ their communities, these firefi~hters and ambulance workers selflessly sacrifice their times money and even their lives. This Town Board also finds and determines that increased efforts should be made to recruit and retain these volunteers. This Town Board further finds and determines that section 466-c of the New York Real ProperW Tax Law, authorizes localities such as the Town of Southold to provide a partial real properW tax exemption for eligible volunteer firefi~hters and ambulance workers to support the recruitment and retention of these volunteers. 2. Amendment. Chapter 85 of the Cod~e o_f thee Town o_f Southold, Article V, § 85-10 is hereby amended b5 thee addition of a new Article V to read as follows: Article V § 85-10. Exemption ~ranted; volunteer firefi~hter and volunteer ambulance workers. A~ Qualif¥in~ residential real property, under § 466-c of the New York State Real ProperW Tax Law owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or such enrolled member and spouse residin~ in Suffolk O Count-f, shall be exempt from taxation to the extent of 10 ~/o of the assessed value of such property four city, village, town, part town~ special district, county or school district purposes, exclusive of special assessmentss howevers that such exemption shall in no event exceed three thousand dollars multiplied ~_v the latest state equalization rate for the assessin~ unit in which such real properW is located. Such exemption shall not be ~ranted to an enrolled member of an incorporated volunteer fire company, fir~e department or incorporated voluntary ambulance service residin~ in such county unless: (1) the applicant resides in the city, town or village which is served by such incorporated fire company or fire department or incorporated voluntary ambulance service (2) the properW is the primary residence of the applicant (3) the property is used exclusively for residential purposes; provided: however~ that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall b~e subject to taxation and the remainin~ portion only shall be entitled to the exemption provided by this section (4) the applicant has been certified b2/the authority havin~ jurisdiction for the incorporated volunteer fire company or fire department for at least five years or the applicant has February 25, 2003 Southold Town Board meeting 26 been certified by the authority havin~ jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years. It shall be the duty and responsibility of the municipality to determine the procedure for certification. C Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority havin~ jurisdiction for the incorporated voluntary fire company or fire department or incorporated voluntary ambulance service, shall be ~ranted the ten percent exemption as authorized b_v this section for the remainder of his or her life, as lon~ as his or her primary residence is located with the Town of Southold. D~ Application for such exemption shall be filed with the assessor or other a~ency, department or office designated by the municipality offerina such exemption on or before the taxable status date on a form as prescribed by the State Board. Incorporated volunteer fire companies, fire departments and incorporated volunteer ambulance services shall file lists of its enrolled members eligible for the exemption provided by this section with the assessor or other a~ency, department or office designated by the municipality offerin~ such exemption on or before the taxable status date on a form as prescribed b_v the State Board. No applicant who is a volunteer firefi~hter or volunteer ambulance worker who, by reason of such status is receivin~ any benefit under the provisions of this article on the effective date of the section, shall suffer any diminution of such benefit because of the provisions of this section. ~ 85-11. Applicability. This article shall apply to assessment rolls prepared on the basis of taxable status dates occurrin~ on or after March L 2003. 3_. Severability. If any clause, sentence, paragraph, subdivision~ section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional~ such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision~ section, or part of this law: or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. 4. Effective Date. This law shall take effect immediately upon filin~ in the Office of the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurrin~ on or after March L 2003. Vote of the Town Board: Aye: Councilman Richter, Councilman Romandli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #131 Moved by Councilman Moore, seconded by Councilman Richter, it was WHEREAS, the Town Board of the Town of Southold entered a Franchise Agreement with CSC Acquisition - NY, Inc. (Cablevision) which was subsequently confirmed by New York State; and WHEREAS, Cablevision has constructed, operated and maintained the cable television system pursuant to the terms of its previous franchise agreement and I accordance with the Rules and February 25, 2003 27 Southold Town Board meeting Regulations of the Federal Communications Commission and the New York State Public Service Commission, and WHEREAS, said franchise has expired and Cablevision is operating under temporary authority from the New York State Public Service Commission while renewal was being negotiated; and WHEREAS, on February 25, 2003, the Town Board of the Town of Southold held a public hearing affording due process to review the application and the terms of the proposed Franchise Agreement; and WHEREAS, the agreement complies with the standards of the New York State Public Service Commission and will be submitted to that agency for formal certification, now therefore, be it RESOLVED that the Town Board of the Town of Southold grants a non-exclusive cable television franchise to Cablevision and authorizes the Town Supervisor Joshua Y. Horton to execute such agreement with it as approved by the Town Attorney, and be it FURTHER RESOLVED that the Town Attorney shall coordinate with Cablevision to file the franchise certification application with the New York State Public Service Commission for its approval. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes the voting on our printed agenda, on the resolutions that we have before us. At this point, I off'er the floor to the public to address the Town Board on town related business. MR. CARLIN: Good evening, ladies and gentlemen of the Board. Frank Carlin, Laurel. In 1986, I ran for Tax Assessor, I was up against a tough opponent, Watts. And I lost. But I went about my business and I was satisfied with the amount of votes that I got and I put it aside and went about my business but something came up at this last problem I was in, this election and at the Recreation Center, February 8, North Fork Animal Welfare League election and I can't say that, the reason why I gave it up and went about my business in 1986 is that it was on more level ground but I can't say this about this one. I wasn't going to do anything about it and I wasn't going to say any remarks about it but this made me change my mind. When Lorraine Andrade and her mother and I were walking out of that election that morning, February 8, we were going to get in the car, you were already gone, John, a woman came out in the car and she swore at us. Now, I would like to tell you what she called us but the children here, I believe, and I am on TV and I don't want to put my first class FCC license into jeopardy because I might be in violation by swearing over public television. But it wasn't nice. And that made me decide that I am going to take this now as a personal offensive. And to make it very interesting, the woman, I am not going to mention her name; I am a gentleman, not too, her daughter was just elected on the Board of Directors. And the other daughter is a volunteer worker there. John, you were there; I am surprised you weren't there, Bill. I am not going to ask you for your opinion of what you thought about the whole operation, that would be unfair to you but what I will say to you and the members of the League, search your own conscience and make up your own decision. It is a shame that it wasn't televised. But they made sure of that on item 4 of their rules of the meeting by saying that there will be no recordings or video taken at this meeting and election. If a member is caught, that they would lose their membership. This one was before you came, they got off on the wrong foot. The meeting opened at 9:00, my group went there at 9:00. We go to go in, you can't come in until 9:30. We were going to stand out in the cold for half an hour? Well, I can assure you of February 25, 2003 28 Southold Town Board meeting one thing, I happened to be with my group and we went in and we were going to go in. What Mr. Wolfe said, February 13 in the newspaper, the Suffolk Times, hit the nail right on the head. Not one thing in their agenda here said anything about questions and answers to be asked at the meeting. We weren't allowed to ask questions and answers. I managed to shoot one in there, at the accountant. But he couldn't answer it. Then they broke for half hour break, to count their proxies. Incidentally, we weren't allowed to have anybody from our side to verify the proxy, while they were counting. They had their own election inspector. I stood up and mentioned, being that we have a half hour, why don't we let this be open for the members to ask any question being that we are not going to be doing anything for half an hour while they are counting their proxies. The reply was, we will get to that later if we have time, we have got to be out of here by 12:00 because the Boy Scouts are coming in but the Boy Scouts weren't coming in until 3:00 and then when we did get to the time, we were allowed a maximum of five minutes, one minute a piece. That reminds me, and that makes Tom Wickham look sick when he used to put a timer on me for five minutes to speak. We had to listen to that abuse when we walked out, I wish I could say what we were called but I can't, I can't do it. They forget and nobody mentioned, does the Town Board know that I have been working for 17 years to try to get this Animal Shelter built and I can prove it here with letters and letters and letters that I have sent from 1986 to 2002, when Frank Murphy was even the Supervisor. Okay? You Board don't know, do you, that Lorraine Andrade spent $140 out of her own pocket back in 2000 to buy some plastic windbreakers that the Animal Shelter needed. Nobody knows that, do they? You don't know that Lorraine Andrade spent at one time for an animal, nobody knows that, do they? When somebody calls me a name, you are in trouble. And I am not forgetting. Mr. Horton, I want to ask you a question here. Mr. Schwartz, the fellow running around with the white dog, John, when I first went there, I got confused. I thought I was in the Westminster Dog Show instead of an annual meeting. He is the fellow that reads poems. He said in the Suffolk Times, February 13; "It remains to be seen if the Town Board will develop a new attitude towards working with the North Fork Animal Welfare League." I think that I can answer that because I know you are and I know you have been. But I am going to do this up right tonight because I go all the way. And I can prove everything that I am saying. January 17, 2002 there was a work session and you all will remember this, I think, there was a work session, some of the members of the North Fork Animal League were there and you were going over the specifications and here is what was said, here is what the Board said, 'it doesn't like many aspects of the current specifications for a new building.' It wants the Town Board to start the planning process over again, now Supervisor, you said, 'I am taken aback by you coming to us now, just two days before the bid is opening.' That was 13 months ago and I can prove it right here in the Suffolk Times. Another thing Mr. Schwartz said, I would like to verify this with you Mr. Moore, he said that the donations will be given to either the North Fork Animal League or the Foundation. I thought that we had that agreement with you that all donations go to either the Town or the Foundation. Not the North Fork Animal League, for the new Shelter. Did you know about that? Because I asked you that question a month ago and you said, that is right, Frank. Only authorized people to receive a donation for the new Shelter is the Foundation or the Town. Now, why are they getting involved in this war? When they were asked at one time or not asked, I will say this much, never offered any financial support for this building because they claimed they didn't own it. I got more here, I could read this stuff up to you, I could prove for hours because when you fool with Frank Carlin, you fool with somebody. I like to be a nice guy but don't call me names and don't degrade me. You are in for trouble. I work hard in this Town, I have lived here for 50 years and I have stood up for a lot of things for this Town and I don't need this stufl~ to be insulted. We had good intentions, an ordinary Board will try to work for an election like you people do. Had the right thing in mind and I showed you what February 25, 2003 29 Southold Town Board meeting we had in mind at the last Board meeting. And John you were there. Too bad all of you weren't there. Because like the old saying is, one picture is like a thousand words. Enough is enough and anybody wants to try to challenge me, just go to the North Fork Animal League. SUPERVISOR HORTON: Mr. Carlin, ma'am, I am not going to have a .... This is... Mr. Carlin, I would like to say something....I am going to attempt to bring this meeting back to order. Mr. Carlin, I am going to say on behalf of the Board, the Board recognizes how helpful you have been in giving guidance and direction towards achieving the goal of the new Animal Shelter but I can't have debate that is not directly related to the Town. MR. CARLIN: Fine, I was addressing the Board. But if they want to debate me someplace, fine. In fact, I will tell you the truth, when we were running, I suggested let's have a debate one on one because that is how you do it but they didn't want it. And I regret that we didn't have it. Because you know you can fool some of the people some of the times but you can't fool them all of the time. SUPERVISOR HORTON: Thank you, sir. Would anybody else care to address the Town Board on town related issues? ANNA COSIMANO: My name is Anna Cosimano, I am President of North Fork Animal Welfare League. I am not here to debate anything. I wasn't even at the meeting. Okay? SUPERVISOR HORTON: Anna, it is time to address the Board on town related issues. MS. COSIMANO: All I know is, when you have the people behind you, you are a winner because it is the people who get you elected and it is the people who come to the elections and sign proxies. We won that election, almost 4 to 1. And if they don't like that, let them take us to court. SUPERVISOR HORTON: Thank you, Ms. Cosimano. I appreciate that. Would anyone else care to address the Town Board on town related issues? PEGGY GRIGONIS: My name is Peggy Grigonis, I live in Southold Town. As you know, we just had this unbelievable snowstorm and we had a combination of frozen ground, snow and then the rain. And I live on a farm and we are talking about preserving farmland and it is very difficult living on a farm because we are dealing with Mother Nature. As we have lived back there for 15 years, slowly houses are being built around our farm and the people so far who have been building around our farm have been incredibly wonderful people, they are taking the problems of living on, you know, flooding, agricultural area very well in spite of the fact that they have never lived on a farm and they don't understand all of the dynamics that happen. Unfortunately, there is a young couple that was given a piece of property by their parents, as the result, I guess of a divorce situation. The mother had looked at that piece and said that it was unbuildable. I don't want that piece in the divvying up of the properly, I would prefer the buildable lot. She was a very wise woman, she took that. In the meantime, it was given to her daughter and it is a recharge area, my properly is 2/3 underneath water during this type of storm, but I own two acres, I don't own the farm. My father-in-law, who is 93 years old owns the farm above us. Above us is Moffats and the Krupski farm. And A1 Krupski has rented our farm and put his pumpkins there and he saw what is happening out there. So the responsibility of this water was never ours to begin with. On Sunday, the Southold Town Police came to our door and said that the guy next February 25, 2003 30 Southold Town Board meeting door wants permission to trespass on your property, knock down your grading and get rid of that snow that you have~ou know, if you live where I live, to even get a tractor back there to even get your car out; we both have full time jobs, is incredibly difficult. And for some reason, this kid thought that we had plowed the snow in such a way so that he would flood. But he would have flooded anyway. Now, Ed Forrestor and Mike Verity worked so closely with everybody in the neighborhood on this and it was a very frustrating three years. Having somebody build on this property that really was not that easy to build on. I know that in Chardonnay Estates people were able to take a certain amount of fill and they had to put their basements 8 feet up in the air like this young man had to do to put his house there. I just felt that when a policeman came to my door, I have lived there for 15 years, and asked permission for this neighbor to do this, I thought 'what is happening in this Town to people who have lived here'. My father-in-law farmed that property for many, many years prior to my ever even being born so, I am not saying that I have a right to live there any more than anyone else who pays taxes and all of that but I feel that Southold Town is giving out permits on pieces of property that may be too fragile to carry the load of everything, I really believe that this has something to do with road run-ofl~ that is where is originates and it collects and then it shoots down. And it was unfortunate because this family had to pump all night long but the design of what they did isn't going to stop the flow of water, this problem is not going to go away. So ultimately when he pumped out, he flooded a woman from Manhattan's property, he flooded Gary Lillis and he flooded Chardonnay Estates. So, as neighbors and I know that all of these people were all in here from Bayview but this is Old North Road, this is maybe not as popular, it is more rural but we need the Town to come out there on days like that and help us come up with a better plan to take care of this water so that people can have access out. If there was an emergency, if we needed an ambulance, a young couple had just moved into a house up above, they have children. They could have never gotten out. So, rather than point fingers at anybody or get angry about it, I don't know what our next step is as homeowners and I tried to call but the Town was closed for two days, I was just trying to call somebody and say 'help me, where do we go from here, how do we get the help to maybe do something about this runoff because there are going to be more houses built up around there, too. And really most of the people who are moving in around us are really great people and we are all in this together and they are not here tonight because we are all not sure of where we are supposed to go and what we should do next. And I just wanted to say that is the problem with the building in the Town and what the people in North Bayview are facing, we are facing in other areas, too. And it is farmland, you know, it is not as easily drained as other properties are. SUPERVISOR HORTON: Right, right. Could you leave your phone number with the Town Clerk and I will have my office give you a call and see if we can't get together with Highway and the Building Department and see if we can't find some resolution on that. And again, I am sorry for Town Hall being closed today, it was an emergency. Would anyone else care to address the Town Board on town related business? GUNTHER GEISS: Supervisor Horton, ladies and gentlemen of the Board, I am Gunther Geiss, I am a resident of Southold and a member of the North Fork Animal Welfare League and I would like to talk to you about the Southold Town Animal Shelter and the operator of the Shelter, the North Fork Animal Welfare League which I will refer to as NFAWL to keep it short because the hour is getting late. As Frank has told you, the 2002 NFAWL annual meeting was finally held February 8 per the court settlement and the suit that we brought was to simply allow members, other than current Board members, to compete for Board seats. The meeting was plainly illegal, as the directors and their February 25, 2003 31 Southold Town Board meeting Manhattan attorneys blocked discussion, forced rule changes-including passing a by-law change without a quorum. Those who signed the NFAWL proxies gave the directors a blank check, which they used in a dictatorial manner. And I respect Ms. Cosimano's leadership but 170 to 350 is not 4 to 1 in anybodies book. So, as it happens, because there was no discussion, NFAWL members can only ask the questions they would have asked at the annual meeting at a Town Board meeting. And in fact, it is proper since the Town administration and the public itself should be asking these same questions. And Ms. Neville, I have a copy of this for you, to make your life easy. Some will say that we are sore losers and they are entitled to their belief but we know that the campaign of the Sunshine and Fresh Air for Sheltered Animals group was about improving conditions at the Shelter for both the animals and the stafl~ It was about getting improved animal care beyond mere satisfactory and it was about getting a new shelter built now. It was not about those false and nasty rumors that were passed around. If discussion had been allowed, neither the President, Anna Cosimano nor her husband Treasurer, Bernard Cosimano, were present to respond. They agreed to the meeting date, December 2 in court. They took their vacation anyway. The questions that we should have been able to ask; 1. How much did NFAWL spend to prevent the Sunshine slate for running for director seats? We estimate from their financial reports that they spent more than $20,000 by September and the court case ran through December. Why did they spend so much just to prevent some members for running for office or to prevent members from reading the Board and Annual meeting minutes or to avoid giving members the audit and financial reports to which we are entitled. Did this money come from donations or contributions meant for the care of animals? Ultimately, the NFAWL directors gave us everything we sued for after we subpoenaed the financial records. 2. Speaking of contributions and donations, why does the Treasurer demand that volunteers give him the cash from the donation cans that you see all over Town, into which locals and visitors generously donate? In the past, volunteers would simply deposit the collected funds into the specific bank account and give the Treasurer the deposit slip. Good cash management. Why does the Treasurer need the cash? Why are checks for the collection not acceptable? How much is received from the donation cans? Why does that not show up separately in the financial reports? Why do Board minutes not contain complete and regular Treasurer reports? How does the Board manage League funds without regular Treasurer reports? 3. You may have seen these ads, which were in the local paper the week before the election. One of the items said they spent $25,000 in maintaining the current Town Shelter. When was that spent and for what? There is so much to be done at the Shelter, their own expert reported to them in February of 2001, item 11 on a punch list- on the exterior on the kennel, there are several general maintenance items that have never been taken care of that now need replacement. These areas are impossible to keep clean. Item 14, the washer and drain lines come out of the side of the building and when the temperature is below freezing, the drain lines freeze up, so the staff has to disconnect the drain line and let it run on the ground. This drain line needs to be properly connected and protected from freezing. Note he mentions nothing about the environmental issues about dumping gray water onto ground. In conclusion, says the architect, the existing facilities are deplorable. They are difficult to maintain, difficult to function in and are a concern in regard for the health, safety and welfare of both the staff and the resident animals. Change gears, the Town Board minutes of December 12, 2000; "They (the employees) arrive at the facility at 7:00 AM in the morning, you have cesspools backing up, you have no hot water, you have no ventilation, you very often have no heat. And I think these are deplorable, disgraceful conditions." The quote goes on, "The NFAWL has an obligation to its employees to provide a safe and healthy workplace." We are talking about dangerous, hazardous conditions for the workers who are employed by the NFAWL and I don't think that is fair and that is what this issue is about." That statement was made by NFAWL Vice-President Theres McGuinness, they recognize the conditions. February 25, 2003 32 Southold Town Board meeting They unfortunately blame them on you. The fact is, the contract that you have with NFAWL says that they do the maintenance. Have all of these maintenance failures been put right by that $25,000 expenditure that they claim? 4. Do the NFAWL directors really care about the staff'? Unsolicited, a former employee wrote to us, "I found the conditions at the Shelter to be very dangerous to the animals and to the workers. Clorox was used in close quarters in cleaning and the employees, including myself, were breathing it in with no ventilation. Hoses were leaking and had to be used in the winter out doors, so we would end up getting wet and then have to work dogs in wet clothing in the freezing cold. I was very upset with the conditions there and contacted OSHA, the Occupational Safety and Health Association, for a lot of the violations. OSHA found the violations and wanted them rectified. They requested pictures instead of a full inspection. One was chosen to stand with the same fire extinguisher in every corner to prove it was there. This was one fire extinguisher for the entire place. The director pulled one standing fan out of storage and placed it in different areas and took photos. OSHA seemed satisfied. While working there, I had gotten bitten by a pitbull and found there was no bandaids or medicinal products for the employees. There was no first aid kit on the premises. I believe that is a violation of the State Labor law. The lack of proper first aid kit has been confirmed by Southold Fire Department EMT's reporting to accidents at the Shelter. How, I ask you, do NFAWL directors show their care and concern? 5. Again, the ads say that nearly $200,000 was raised for the shelter through the thrift shop. You remember the thrift shop in Greenport? NFAWL financial reports show that actually $176,000 was the total receipts at the thrift shop. Less expenses, the profit or surplus was $126,000. Far less than the claimed $200,000 but more importantly the monies raised by the thrift shop were dedicated, at it's opening, to the building of a Shelter. In addition, NFAWL has carried a building fund for $100,000 for years. In 1994, then President Bruce Isaacs promised to use $250,000 of NFAWL funds to build a shelter on Town leased land. There is even a photo in the paper and I am sure that my friend, Frank Carlin has it someplace. In 2000, Anna Cosimano claimed she signed the 1999-2000 contract because of a verbal promise, unverified, that the Town would build a shelter. In July 2002, the NFAWL Board of Directors voted to merge the building fund with other funds and at the annual meeting, CPA Joseph Irwin stated that there were no restricted funds, in simple terms, no promises as to how any gifted funds would be used. Some people contributing to the NFAWL and to its donation cans, think they are giving to the shelter, not to its operation. The question is, why has the NFAWL fund balance, bank account in simple terms, grown from $396,167 in 1997 to $525,468 in December 2001. A 33% gain in four years and I am sure that Frank Carlin wants to know who the investment advisor is, while the animals live in poor conditions, the staff works in hazardous conditions and the Directors demand that the Town pay more to NFAWL. 6. Again, with the ads, it says "We are the first on Long Island to institute a professional evaluation and temperament test for sheltered animals." A survey of sheltering experts say not likely true. Worse, how did they evaluate a dog, later determined to be stone deaf, and then allow adoption by an elderly couple hoping for a dog that could alert them to changes on their property. Board minutes of February 17, 2000 and I quote, "Over-population" and I will repeat that, the opening phrase of the minutes, "Over-population" Temperament tests on dogs to get Sue Sternberg to evaluate dogs, to get more information on this ASAP. I note that Sue Sternberg did not do the evaluations for NFAWL. There were 58 dogs sheltered at that time. December 21, 2000, the League Board minutes read "Down to 30 in the dog department, much better than last year but beagles season is upon us" What had happened? They euthanized 22 dogs that year. Typically, they euthanize 6 or 7 in a year. The League newsletter says that they only euthanize for health or severe behavioral reasons. The newsletter reports how they cry when they have to make a decision to euthanize, and I can empathize with that but the newsletter never tells members how many dogs had been euthanize. Only the Board minutes tell why and only the February 25, 2003 33 Southold Town Board meeting Shelter report to the Town tells you how many. Is this why they fought so hard to keep members from reading the Board minutes? 7. The animals are not treated as well as you are told by the NFAWL leaders and the NFAWL newsletter. In the recent spate of cold weather, we have reports of dogs not being walked before 11:30 AM, water frozen in their bowls, no blankets for dogs to lie on, etc. During summer in high temperatures there was no water for dogs after hours and no shade to retreat to during the day. I will read again from their own expert, Dennis Bradley, item 17, "The runs in the yard are inadequate, they are typically bare earth and are a concern regarding cross contamination of disease. They should be covered with a hard surface that can be cleaned. There is no way to thoroughly clean the runs. During inclement weather with the fragmented facilities and the scattered structures, the difficulties the staff has in performing their duties must be tenfold. This is a poorly laid out and maintained facility from which to provided animal care." The Sunshine Group and its supporters have achieved a significant victory despite Ms. Cosimano's statement. For the first time in 6 1/2 years, there has been an election with real choice and over 500 members voted as compared to at the most, 50, in the past. Now, why don't you, the Town Board, the public, the NFAWL contributors, NFAWL members, take the trouble to go and see the Shelter and the animals for yourself. You cannot rely on what you are being told by NFAWL directors, seeing is believing. Thank-you very much. SUPERVISOR HORTON: Would anyone else care to address the Town Board on town related business? SCOTT RUSSELL: I want to shift gears a little bit and get on a different subject, so if anyone wants to finish up. SUPERVISOR HORTON: Mr. Russell, I will let you continue. MR. RUSSELL: The reason that I want to speak tonight is I am trying to get an understanding for a recent proposal that you made that would seek to eliminate people from participating in political parties. I think that I need to understand your motives behind that and what do you see as what the inherent problems are? SUPERVISOR HORTON: Actually, the proposal that has been put forward hasn't been discussed by the Town Board yet and has been referred to the Town Attorney's Department to research some legalities of it. So until it comes forward by the Town Board for discussion, we will take it up at that time. MR. RUSSELL: Yes, but how about you. You have commented on it quite at length with the papers so are you prepared to tell us why you are even proposing such a measure? I mean, what are your goals? What do you see as the problems with people serving on a political committee and serving the people of Southold Town at Town Hall? Why do you think there was a need for such a proposal? SUPERVISOR HORTON: I think it is an effort on my behalf and I certainly seek the input of Town Board members. Essentially, I think to instill further public trust in our local elected officials and our appointed officials. I think anything that we can put forward that would eliminate the possibility of undue political influence within Town Hall I think is something to be researched. So as I said, Mr. Russell, it has been put forward to the Town Board and we haven't discussed it yet. February 25, 2003 34 Southold Town Board meeting MR. RUSSELL: Okay. Then is the concern the practice of politics on Town time, in Town Hall, with Town resources? Is that what the goal is? Let me just, I am looking at a list of people I just jotted down. Joe Gold; Joe Lizewski; Jim DiNizio, who I see over there, one of the most honest people I know, incidentally-his honesty hurts sometimes because we have butted heads in the past; Artie Foster; Albert Krupski; John Nicols; John Bednoski; Ellen Latson; Frank Kujaski; Ray Jacobs; Judy Terry; Betty; are any of these people selling their constituency short by serving on a political committee? Are they doing something wrong that we need to know about? What is the goal here? SUPERVISOR HORTON: Again, I haven't mentioned any specific party or specific individual and I think that it is important that the Town Board discuss this as a generic proposal put forth. So again, that is where it is at, Mr. Russell. MR. RUSSELL: But you need to have a motivation for proposing something. You don't just propose it and say that you don't really have an idea in mind. SUPERVISOR HORTON: I think that anything that we can do to further instill the public trust and remove politics from within Town Hall, I think is something that is worth discussion and I think that the Board agrees that it is worth discussion. MR. RUSSELL: I agree 100 %. And I think that the one way that you can do that is to start to set a better example from yourself. Because nobody has trampled the line of politics in Town government more than you in my 12 years of being an office holder. Let's go back to the beginning, when you first got elected, you were in my office nearly every morning to discuss politics with me. A Republican event couldn't take place the night before, an event, a fundraiser, a meeting, without you coming into my office and prodding me for information. 'What did Craig Richter say? What did this one say? Who is going to be your new Chairman?' You even spent one day at length trying to talk me into running for County Legislator as a Democratic candidate. You have utilized Town resources and Town staff to further your political goals. You had your secretary send secret missives to the Board of Elections. That is inappropriate. Highly inappropriate. Let's talk about some other things that you have done. You have actually, during the election last year where you very publicly backed one candidate for Tax Receiver, you instructed a Town employee, a fairly well-paid data processor, to sit with your candidate and brief him on all the issues facing the Tax Receivers Office. Specifically, and more importantly, the issue of the new computer system. That is inappropriate and that was at the tax payer expense. If you really want to take politics out of Town Hall, you need to set a better example. A farmer just told me the other day that you visited him several times during the campaign, during the day with a Town car to lobby for support for your candidate for Receiver of Taxes. And don't get me wrong, he is a good man and they were both good candidates for election but the fact that you are out there politicking on Town time using the taxpayers gas, is inappropriate. Now you are coming along and proposing that we some how have been serving the public short by wearing two hats. Let me tell you, I was elected by the Republicans of my district because the reason that I ran, I have only been a Committeeman for about two years, but the reason I ran was because I didn't like the direction that the Republican was going in and I wanted to do something about it. I didn't like the rezoning effort on the North Road, I didn't like the proposal for five-acre zoning so I tried to do something. I went out, I went door to door, I called people, I solicited support from those people. Those are the same taxpayers that put me in the office of Assessor, they are the same taxpayers that, 120 people voted in that election. 110 of them voted for me. Because they liked the idea that they were going to have February 25, 2003 35 Southold Town Board meeting somebody that stood up there and tried to change the direction of the party. How, by circumventing the democratic process, are you furthering the interests of Town government? I don't understand that. I see Democrats, Republicans, United Southold people every day working hard to make this a better community. Some of them hold positions in Town government, whether they are volunteers or otherwise, some don't. But the fact is, that the issue of ethics needs to be addressed by focusing on people. Generally speaking, people are either ethical or unethical. Institutions aren't, committees aren't, you need to judge an individual by his actions not by his associations. And I think what you are proposing is either one of two things, either you have an axe to grind because Republicans weren't quick to embrace your candidacy for Supervisor or it is just another smoke screen, it is an empty gesture, it is an empty, hollow effort to make it look like you are doing something about ethics at the same time trying to maybe obscure your own political activities in Town Hall. Incidentally, a business owner just called me again today to let me know that they were solicited by your secretary, a $50,000 a year secretary by the way-a position that you created when you first got into office, one of the highest paid secretaries in Town Hall. She was soliciting a business, on Town time, for support for a fundraiser you are holding in a couple of weeks. And you want to eliminate politics from Town government? You really need to start looking at yourself. And if you, also, I have for you since your eyes are rolling, I have the letter that was submitted by your secretary to the Board of Elections. It actually requested information regarding the Supervisor's race of 2001. I don't see how that serves the interests of the people of Southold Town but it is quite clear to me how it serves your interests. And she even says in the cover letter, 'if you have any questions, please call me at 765-1889. As I do share an office, I would appreciate the utmost discretion when calling.' This is your $50,000 per year secretary. This is the taxpayers secretary, doing your political bidding on Town time. That is inappropriate. While we are on the issue of taxpayers and wasting their money, this mailer that you sent to all the people of Southold Town taxpayer expense. That is inappropriate. This is clearly, this has obviously some public benefit to these things although most issues were covered in the Suffolk Times, at length, if you felt the need to repeat these issues in this letter, fine. But there is a clear, clear serendipitous political benefit to mailing this out. Do you know how many times your name is mentioned in this? It is a four page letter, your name is mentioned eight times, along with a big picture up front. And you used the taxpayers to foot the bill. Now, when Tom Wickham was Supervisor back in 1993 and he did some mailers, like community minded mailers that we send out to the public, I can't speak to him but I think that he recognized the fact that there is a public benefit and there is a clear political benefit. He didn't ask the taxpayers to pay for this, his supporters paid for it. And that was the appropriate tact to take. So if you really want to clean up politics in Town Hall, if you really want to clean up ethics, get your hand out of the taxpayers pockets and start doing our political bidding on your own time. SUPERVISOR HORTON: Thank you, Mr. Russell. Would anyone else care to address the Town Board? MS. EGAN: Well, to kind of break the tension here. Today is February 25, I hope that your Christmas bills are paid and 10 months from today is Christmas. I hope that you started your shopping. Okay, who wants to be first? Mr. Yakaboski, this is a letter that Mr. Yakaboski sent to me... SUPERVISOR HORTON: Mrs. Egan, this is a time to address the Town Board. MS. EGAN: This is the Town Board, this is very important. February 25, 2003 36 Southold Town Board meeting SUPERVISOR HORTON: Mr. Yakaboski is not on the Town Board. Address the Town Board on town business, I am happy to entertain it. MRS. EGAN: Well, I believe that he is a public servant, that my taxpayers.., how do I then get to the public, what Mr. Yakaboski wrote to me. Kicking me almost out of his office, telling me that I could never come to his office again because he and Mr. Moore and he did not do anything for me. So I can't read the letter? Maybe I will take an ad in the Suffolk Times. Maybe Mr. Russell will help me do that. So, you want me to leave that one alone? I think that I got that one the record anyway, didn't I? Good for Joan. Okay, so who else. Mr. Richter, ah, you knew that you were coming next, didn't you, darling. A friend of mine observed you in the City. Now, .... COUNCILMAN RICHTER: Excuse me? MRS. EGAN: I didn't say which city. SUPERVISOR HORTON: She meant the city of Greenport. MRS. EGAN: At the last Town Hall meeting I presented you with the fact that I signed a sworn statement regarding Mr. Chris Mohr. That I observed his people urinating outside my window. Did you check out for me, like I asked you, what town, what the Police Department does with that sworn statement and is it addressed to Mr. Chris Mohr. Did you find that out? COUNCILMAN RICHTER: No. MRS. EGAN: Great. COUNCILMAN RICHTER: You're welcome. MRS. EGAN: I also at last, I don't find anything funny about it, Mr. Richter. No, no. You are being rude. SUPERVISOR HORTON: Please continue, Mrs. Egan. MRS. EGAN: Too bad about you. Now, I also signed a sworn statement about something that happened on St. Agnes' property on a Saturday night with people who go to the Spanish mass. Did you find out whether the nun who runs that was advised of that fact? Through the police? Did you find .... COUNCILMAN RICHTER: No. MRS. EGAN: No, I see. This liaison that you supposedly had with the Police, I don't believe that it ever happens. I ask you to contact the Chief in regard because you are such a good friend of former Supervisor Cochran. I don't know what you really do for the Town, Mr. Richter. I know that I have been insulted by you here, many times. That is enough for you, go to the back of the class. Mr. Romanelli, how are you doing tonight, darling? February 25, 2003 37 Southold Town Board meeting COUNCILMAN ROMANELLI: Fine, how are you tonight, Mrs. Egan? MRS. EGAN: Well, I will tell you, Mr. Romanelli, I am quite ticked ofl~ I see nothing but negativity, I see nothing done, I listen to all of these people and I see nothing really being done in a positive manner to make this Town better. All I hear about, building permits and five-acre zoning and one-acre zoning, that ain't important. It ain't important at all, and I will tell you why. Because if you don't have a decent town for people to live in, no matter whether it is five-acres or half an acre or quarter of an acre, the important thing is to get our Town cleaned up. Now, down there, Riverhead lumber, in Greenport, that is nothing but a mud slide. Now, maybe Mr. Harris or I think that is under, I think that is 25, maybe he can address that issue. Certainly, I have asked you to do it. Now, I have spent at least a half hour on the telephone last night with Peconic Landing. That all of you who have been out here for a long time, didn't scoop that place up and preserve it in its entirety is an absolute disgrace. I was not a year round resident at the time. The place has been raped and mined, you have lost your best emergency doctor at Eastern Long Island Hospital but more importantly, much more importantly, through the New York State Police, through the Southold Police Department, the accidents that were caused by when they were developing it and even to this day. The dirt on the road, the ice, the indentations from their big trucks. I will tell you this, dear, over on the South shore when they have developments, they check them out, they do it appropriately. I called them last night, number one: their service entrance there, when their people come out, they have their cartons of coffee and when they finish them-they throw them on the road. They have their little styrofoam boxes of food and when they finish them, they throw them on the road. And it is a mess, it is a horrible mess. So I called them last night because through my efforts and the help of Mr. Harris I got the DOT to give them, Peconic Landing, a citation. Which I informed the Chief of Police here and the State Police that if they disobeyed and didn't get their act cleaned up, they could get cited. Correct, Mr. Harris? Right. Now, I got lip service from this little chippie up there. You know what she says to me? She said, "I am only in charge of keeping the people who live here happy." And I said, 'Are you really?' SUPERVISOR HORTON: Mrs. Egan. MRS. EGAN: No, this is important. Be still. This is very important. You know what she told me-to keep them happy. I said now, keep them happy? The roads are important, our lives are important. I said, you disobey the law there, DOT may close your roads. Maybe they will clean it up a little bit. Okay, I am not finished. So, now Mr. Moore, of course, you have done nothing. Mr. Yakaboski we are not allowed to touch him. He lives, I wonder what your little parade in and out of here is about... SUPERVISOR HORTON: Mrs. Egan. MRS. EGAN: Oh, noise control. When are we going to do something about that? Summer is coming, the windows will be open. Huh? When are we going to do something about that? When are we going to do something for the people of the Town? When are the people from Driftwood Cove going to get some building permits? So many of them have no place to live. And you are worried about houses, 22 houses. Take care of the people that are here now. Bye. SUPERVISOR HORTON: Would anyone else care to address the Town Board? February 25, 2003 38 Southold Town Board meeting MRS. COSIMANO: This is not Town business, but it will be Town business at the next Town meeting. For all of Mr. Geiss' insinuations, we will come back with the truth. Because we know the truth for the last six years. As Bill Moore, Romanelli and Craig Richter know the truth, one day they will admit it. DAN ROSS: Dan Ross, Woodcliff Drive, Mattituck. I am here again to state my continued objection to the burned out deli on Route 25 in Mattituck at one of the entrances to the Town. It seems as though nothing has been done since last I addressed the Board last year on this matter. You could forgive something happening slowly, if you attempted to do something and it didn't work out, you could forgive that. But no action is really not forgivable. Mr. Richter, you wrote a letter to the paper earlier in the year indicating that Code Enforcement personnel for the Town had always done what you asked them, so I ask you and the rest of the Board members; have you asked the Town employees to do something about this. It has been there for 2 or 3 years, it is not a difficult problem. It will take some time but it is not a difficult problem to address. COUNCILMAN RICHTER: Dan, I will definitely talk to Ed tomorrow and I will get right back to you. MR. ROSS: I think that you are going to need someone a little higher on the Code Enforcement chain. COUNCILMAN RICHTER: We will do whatever we have to do because that is a blight, it does not look good, I agree. I will get back to you with that. SUPERVISOR HORTON: Would anyone else care to address the Town Board? DOUG COOPER: Doug Cooper, Mattituck. I think there have been few Supervisors here that have pushed the question of ethics more than our current Supervisor has, Mr. Horton. For Scott Russell to bring up inappropriate, in his opinion .... SUPERVISOR HORTON: Mr. Cooper, if this is a rebuttal to somebody's comment, if you have current business with the Town Board, we will have that but I ask that we not have a rebuttal between members of the public. MR. COOPER: Very good, thank you. MR. CARLIN: I want to address Mr. Moore about building on the Animal Shelter. Bill, we have been, we came close 13 months ago when you were going to put out the bid and you had $500,000 at that time. You have over $1,000,000 now, let's start in. At least, get the building built. Forget about the fringes, forget about the landscaping probably that can come along later. Things like that. If we get almost this building built with that money, let's get the bids out as soon as possible, before the prices keep going up and up and up and we will never get to it. Let's get on it. We can wait for an intercom system, we can wait for our leather couches, we can wait for our shrubs, probably people will volunteer for that but let's, we have been now 13 months. We have spent $18,000 in this thing. Let's get it going. Let's get this thing built by this time next year. The longer we wait, the more it is going to cost. We come close, almost a year ago, when you were going out for bids and you only had $500,000 or $700,000, you have a million now. That could build a building. Never mind the stuff like February 25, 2003 39 Southold Town Board meeting painting and stufl~ Maybe volunteers will do it or something. these animals. That is what we want to do. Well, let's get the building built for COUNCILMAN MOORE: It is going to happen, Frank. MR. CARLIN: Well, I hope that it is going to happen, Bill but the longer that you wait the more the prices are going to go up. Especially with union labor. COUNCILMAN MOORE: I don't want to wait any longer than we have to, Frank. The plans are being looked at. Jamie Richer is chomping at the bit to get to work on doing the specs and getting the package done. So bear with me. MR. CARLIN: There is one more thing. This is your Shelter; you own it. You build it; if you are satisfied with the plans, you build it. You own the Shelter; remember that. COUNCILMAN MOORE: We understand. MR. CARLIN: It is your Shelter. If you like the plans, if you are satisfied with the plans, you build it. Now, you didn't answer those questions about the donations going to the North Fork Animal Welfare League. Does it go to the Town and the Foundation or does it go to them, too? COUNCILMAN MOORE: The Town received a gift from Mr. Raynor of the $250,000 part of that included a stipulation that the Town, which can not actively solicit funds for a project, set up or we were authorized to set up an entity that could do so. That led to the creation of the Foundation. The Raynor Foundation that you referred to before. Designated as a catch basin, the holder of donations, are authorized to receive donations for the Shelter. There is nothing that keeps the League from making a donation. MR. CARLIN: Oh, from making a donation? Not accepting donations? That is what I asked you. COUNCILMAN MOORE: The designated entity is the Foundation or the Town. The Town has a fund created, in fact, Mr. Raynors' initial donation went to the Town. MR. CARLIN: What about the League? If they want to donate; but not to receive. COUNCILMAN MOORE: Correct. MR. CARLIN: That is my answer, thank you. SUPERVISOR HORTON: Would anyone else like to address the Town Board? JIM DINIZIO: Jim DiNizio, Sound Road, Greenport. I admire your patience in dealing with the Animal Shelter; I commend you all. My comment is on what I read in the paper and what I read in the paper was that Supervisor Horton suggested that perhaps we look at people who are on political committees resigning those committees when they do work for the Town. My preference would be, if I were, my suggestion would be maybe Councilman, elected Officials and appointed Officials and I am February 25, 2003 40 Southold Town Board meeting saying that in the context that you can't serve two bosses. You can't serve two masters. Being a political animal and you all know that I am, I know the pressures that all of you are under from both sides. But when you are elected, you have to serve all of the people of the Town. And our ethics law, correct me if I am wrong, deals partly with the appearance of impropriety. The appearance of unethical behavior. The, opening yourself up to allegations, okay, be they true or untrue but that someone could come to a Town Hall meeting and make allegations that may appear to be true puts you all in a very difficult situation. And I think that what Supervisor Horton is suggesting through eyes of a babe, for a lack of better, a person who hasn't been politically involved as long as most of us in this room; what he sees in my opinion, is that you can't serve two masters. And once you are elected, you should step away from the political part of your life. The Committee part, okay? Because we all know what happens to Committeemen when they don't listen to the will of the party. We have all experienced that and I think that the suggestion is: to look at it and perhaps just discuss it amongst yourselves and come up with maybe something that would maybe appear, that would pull yourself away from an accusation that whether founded or unfounded, can't just be tossed out at a meeting such as this. I would urge you all just to consider Supervisor Horton's suggestion, because that is what I think it is and that is what I think you all should be doing; is making suggestions to make the Town better. I think you should take it in that reference. Don't take it in, you know, he is trying to destroy something. I am reading all of this stuff in the papers and I think that really that all it is is to open up a discussion and let's see what can happen. I think that the ethics law works fairly well, we didn't have it before Tom Wickham and we need to refine it a little more. And I think that this may be a step in the right direction. You may not come to the point where you have to resign that position but I think that it is something that you should just consider. Throw it out to the public, let the public comment on it and come back. But you know, to hold yourself up to that, to hold yourself up to a standard and then to, in my opinion, and take an attack like you had tonight, is not something I want to see my Town Board members having to worry about. I want you to worry about my business, I want you plowing my roads, I want you approving my subdivisions or disapproving my subdivisions, buying my land. And not having to worry about whether some Joe Schmoe says 'you said to me this, five years ago, blah, blah, blah.' That shouldn't happen, that shouldn't be. You guys shouldn't be supposed to that. So, please, if you could, consider it and maybe come out with something that might be good. Thank you very much. SUPERVISOR HORTON: Thank you, Mr. DiNizio. COUNCILMAN RICHTER: I would like to just say something. Jim, just to make one comment on this. I think that it is a topic for discussion but a couple of things that I want to point out. One is when you are a Committeeman, from across the Town the number of districts, you have representation from every hamlet and from every area across the Town and what that does, it is politics and what that does is give you a flavor of what everybody's concerns are across the Town in your political party choice. Serving two masters, I don't think anyone on this Town Board-definitely not me, serves two masters. When I got elected to this position, I am going to do the best that I can here, nobody is going to tell me how to vote. Because it is worthy of discussion. MR. DINIZIO: That is exactly what I am talking about, Craig. I know none of you up there would do anything that you didn't think was right, in your mind. I know that you would not. You are all very strong in character. As I am, I would not. Some people call me honest, some people call me ...... but it comes to, but you know, that is part of how you get involved in this type of business. It is part of February 25, 2003 41 Southold Town Board meeting your character. I know Craig for many years, I know once Craig makes up his mind, I know that he has listened to everything, he is going to do what he wants. I don't agree with it but that is fine. You don't have to agree with it but also you don't have to open yourself up to you know what, maybe maybe can be suggested that, you know, hey this guy is doing this, this guy is doing that. You know, when you get these things thrown out, it is just one more thing that gets in the way of good government. One more thing that is not necessary for you to do your job after you are elected. There are plenty other guys out there that would like to be Committeemen, like I said, I am in a small party and I know how hard it is but I think it is just one small thing, I mean I can't see the policemen, I can't see the secretary, I mean those people, you know, let them be Committeemen. They are the people that you want to be Committeemen. But you guys who are elected, your appointed officials, just in my opinion and being involved for 16 years, I can see where you can hold yourself up to accusations. Be they true or not true. More times, they will not be true. But what happens, when you say one thing and they hear another and then someone else hears and blah, blah, blah. You know what happens. And it just comes to who gets the most votes as to why you are up there. I know the Committee, I am not accusing anybody and I don't think Mr. Horton was accusing anybody, I think that he just sees it through a different light than we hear it and I think that you ought to consider it. I think that it is not a difficult thing to resign that Committee members position when you are in Office. I don't think that is going to hurt you one bit. And we can debate what happened a few years ago, with the Republican Committee but it is just one of those things that I think you guys could do that would show at least, that would take that one little thing away. That one little accusation, that one little mudslinging thing that comes, you could hold yourself up a little higher, it may make the Town government run more efficiently. Thank-you. PETER HARRIS, SOUTHOLD TOWN HIGHWAY SUPERINTENDENT: I wanted to stop here tonight, I was told that some things were said about me earlier tonight, in a good light but I felt it is important for me to address the Town Board and the citizens of Southold Town from my perspective to say thank-you to the 36 employees that worked for me during the blizzard of 2003 and this past weekend when we were inundated with 2-3 inches of rain. Also, I had a couple of employees from Mr. Bunchuk down at the landfill that came in and ran payloaders for me also. It is very nice to be able to sit home in a warm, cozy house. I thank the Supervisor and the Deputy Supervisor, Chief Cochran expediting the fact that we declared a snow emergency in Southold Town to keep every non-essential person off the road. That made our lives as highway individuals, so much easier. The fact that, by noon, the day after the storm on Tuesday every single road in Southold Town was open, sanded and salted. That, in my opinion, was a major feat that 36 people put forth for this community. At times it is not the most elegant job to hold, walking down along the side of a road with a stick with a nail in it picking up the debris that people just throw out the window because they are too lazy to put it in the trash receptacle or take it home or whatever, it is not all the glorious jobs. I received a tremendous amount of accolades because I was the Superintendent of Highways. But believe me, for 28 years, I was behind the wheel of one of those trucks and I know what it is like to fight a storm. So I just want to address you people and the people in the Town, when it is nice to get an accolade but I need to give my people the same due. Thank-you. SUPERVISOR HORTON: Thank you very much for attending. ~ . February 25,2003 Southold Town Board meeting Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was declared duly ADOPTED. * * * * * * 42 U~h/~{)~ Elizabeth A. Neville Southold Town Clerk