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HomeMy WebLinkAboutTB-08/27/2002SOUTHOLD TOWN BOARD AUGUST 27, 2002 Work Session: Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Councilman Craig A. Richter, Councilman Thomas H. Wickham. Absent: Councilman John M. Romanelli 9:00 a.m. Appointment Donald Grimm re: trailer permit application. Mr. Grimm appeared before the Town Board in February requesting a trailer permit because he was concerned with vandalism on his properly located at the N/E comer of CR48 and Cox Lane, Cutchogue. (east of Landfill). The Town Board asked him to sit fight and they would intervene with the Police Department. Mr. Grimm said that he is now also interested in it for housing a seasonal worker. Supervisor Horton asked him to define seasonal. Mr. Grim replied 7-8 months a year. The Supervisor asked the date he planned for occupancy, April 2003? Mr. Grim answered yes, and questioned how the Town Board felt about it. Councilman Moore said that he and Councilman Wickham had agreed to talk about trailer permits and re-vamp the policies. Supervisor Horton questioned if he had a active farm operation. Mr. Grim replied that he was in need of a farm worker. Councilman Wickham stated that he thought the idea was to make a distinction between the trailer permits that apply for their own temporary housing while they are building a house for a short period, 6 months and then it is cancelled; and those that will be recurring. He questioned Mr. Grimm if this would be recurring? Mr. Grim said yes. The laborers leave for the winter and then come back. If you don't give them a place to live, they won't come back. Councilman Wickham suggested that the trailer be screened from view. Mr. Grimm reiterated that the Town Board granted trailer permits to both Tommy Thompson and Corazzini in the area. Oregon Road Recycling would have a permit for a trailer, but there is no water up there. Councilman Richter said that his policy is that if you gave it to the neighbor, then he is in favor of this one. But, he added that the policy, in general, should he reviewed. Justice Evans asked why he is requesting it now for spring. Mr. Grim said that it all depends on the Suffolk Counly Health Department hooking up the water, but he wanted to come in soon enough and do the right thing. Councilman Moore advised that Zoning & Planning Committee has been meeting on Wednesday evenings and suggested that this item be put on the agenda for this Wednesday's meeting. Mr. Grimm stated that people have come after him and received permission for trailers. Supervisor Horton said that he didn't think so, but also thought that he was caught between. Councilman Wickham reassured Mr. Grimm that the Board would deal with it in two weeks. He assured him that it will be discussed at Wednesday evening's Zoning & Planning Committee meeting and that a decision will be made at the next Town Board meeting in two weeks. Mr. Grimm asked if he should be present at the next Town Board meeting. The Board said his presence will not be necessary, they will notify him of their decision. 9:15 a.m. Town Trustees Albert Krupski, Jr., President, Artthur Foster, and James King appeared before the Town Board with their attorney, Brownell Johnston who is working with the Trustees on a limited basis. President Krupski advised that it was brought to the Tmstee's attention by their legal team here that there are some discrepancies in the code, Chapter 97 Wetlands and they should be corrected. Only 10% of their work load is new structures. Most of their work is re-construction, additions, pools, decks, and tennis courts. Supervisor Horton said that he was not sure of what Mr. Krupski was leading up to and therefore, advised that he is a partner in a small marine towing company, and asked that he make his point known. The Trustees requested a general moratorium. Justice Evans stated that she thought the issue was that they are dealing with issues that they have 8/27/02 2 never had to deal with before and therefore need to have the tools in place to deal with them. President Krupski said that they will be a little bit ahead of the crisis if they act now. Brownell Johnston estimated that 40% of it is that problem, the issue is that many people purchased their homes for $150,000. now we have people coming in and paying $3,000,000. and they think nothing of paying $50,000. for legal fees to get what they want. Supervisor Horton agreed that there are deficiencies in significant areas of Chapter 97 and legal experts are needed in order to strengthen it and make fundamental differences in our decisions. Trustee Foster noted that what was before considered a throw away piece of property is now considered a premium. Supervisor Horton synopsized that what they need is the legal and environmental back-up for their decisions. The Trustees concurred. Councilman Moore said that the Planning Board and the Zoning Board of Appeals have people apply who hire their own experts to provide reports and studies and the Trustees have nothing to balance it. President Krupski said that they need a commitment from the Town Board for environmental and legal assistance by a consultant to make the code changes. Mr. Krupski asked if in-house legal assistance was available? Mr. Johnston answered no, and stated that he volunteered to help out 2-3 hours a week. His answer was no, the legal assistance is not here for this. The Trustees were requesting a moratorium on the following: New structures in the water, docks, jetties, and new residential & commercial development on undeveloped property within 100 fl. of salt water or freshwater wetlands. Councilman Wickham questioned whether or not they feel that they are supported in the town code. Mr. Krupski replied that their legal department feels the code is deficient. Councilman Wickham commented that "this is not unlike the situation on the moratorium the Town Board adopted a few weeks ago". Councilman Moore stated that the environmental process provides you with all of the tools necessary for a scientific analysis and review. Trustee Foster said that the way the code is written now it is up to them to prove that environmentally sensitive applications should not be approved. The burden should be shifted upon the applicant. President Krupski asked that if the Town Board does find some way to protect them without a moratorium, fine. But, they are asking at this time to start the process now. Supervisor Horton questioned if they have identified specific changes in the code that should be addressed. Trustee President Krupski stated that the Trustees have identified a list of policies over the years which have to be brought into a more formalized setting, such as incorporated into the Town Code. Accordingly the Town Attorney said a local law could be drafted and a public hearing will be set 35 days or so out. Town Attorney Yakaboski, Trustee President Krupski, and Trustee Counsel Brownell Johnston will review what changes have to be made within the next few weeks. Councilman Wickham advised that there is a meeting of the Zoning and Planning Committee tomorrow night for which the agenda will deal with the moratorium that is already activated. However, he asked President Krupski to come before this meeting between 8:30 p.m. to 9:00 p.m. The ZBA is coming to discuss issues from 7:30 p.m. to 8:30 p.m. Supervisor Horton pledged the Town Board's support to most extensively give the Trustees the tools they need to protect the wetlands of Southold Town. IV. 3. Storm Water Road Run-Off - Supervisor Horton distributed copies of his Fishing & Farming Committee July Report and Steps taken to date in regard to Storm Water/Road Runoff Mitigation in Southold Town and apprised the Town Board of the new research group that has been recently formed to address the issue. The members of this new committee are Trustee Peggy Dickerson, Planning Department Staff member Scott Hughes, Conservation Advisory Council member Bob Ghosio, Supt. of Highways Peter Harris and Emerson Hasbrouck of Cornell Cooperative Extension. So far this group has obtained the list of runoff "hot spots" through out the town which they will be updating. Mattituck Inlet is currently in the process of remediation. Suffolk County Legislator Michael Caracciolo advised that the county has funding in place for these projects to become a fiscal reality. Trustee Jim King said that they basically have received the DEC blessing, so hopefully this will provide the last bit of incentive to get them moving. All have the same concern that mn-off at road ends is the single biggest contributor to pollution of our town creeks and waterways. The Building Department feels that there could be some improvements in dry wells in new construction. A drainage management plan should be in place along with every building permit approved to show that you are containing your mn-off on your own property. Supervisor Horton advised that the shoreline survey is currently being done by Cornell and Chris Smith. An overlay of shellfish closure areas has been requested from the DEC. The main reason for bed closures is road mn-ofl~ Justice Louisa Evans remarked that Fishers Island is also included in the overlay. Marion Lake is in dismal condition due to over development, cesspools, and pesticides. Marion Lake is currently high on the priority list being discussed with the county. Supervisor Horton also asked the Trustees to take a look at a sailboat which is sitting on the bottom of Richmond Creek that he has been receiving calls on. The Trustees left at 10:00 a.m. 10:00 a.m. IV For Discussion Items IV. 1. - Request for refund to Mattituck Sanitation for five (5) cancelled solid waste garbage permits. The Town Board approved this request and directed that a resolution be placed on the agenda. (Resolution No. 579). IV. 2. Appointment of Chairman for 8/27/02 3 Conservation Advisory Council. Scott Hilary long standing member and chairman of this council recently resigned and has recommended that Bob Ghosio be appointed Chairman in his place. Mr. Hilary will be coming in soon for an exit interview with the Supervisor. Councilman Wickham suggested that a review be held of how the CAC could best help the Trustees. Supervisor Horton said that the Town Board has to keep their pulse on what is going on, but the Trustees and the Conservation Advisory Council have to resolve their relationship. Management plans for town properties are being worked on by Ed Wankel of the Parks Commission and Melissa Spiro of the Land Preservation Department. The Town Board directed that a resolution be placed on the agenda to appoint Mr. Ghosio. (Resolution no. 572). Councilman Wickham voiced his concerns that the CAC has been out doing their own thing without the Trustees exercising any control over them. Supervisor Horton stated that conservation is not limited to the waterfront. The Town has thousands of acres of properly that certainly could use their advice on for management plans. Councilman Moore asserted that it is up to the Trustees to utilize the CAC as they see fit. IV. 4. Request from Fishers Island Civic Association. Justice Evans advised that this was brought to her by one of the Fishers Island Civic Association Officers. They pose the question: "~Vhat can you and your organization do to help hnprove, support and build up the year-round conununity of Fishers Island?" Supervisor Horton said he will send a letter to the Fishers Island Civic Association advising them that we will help out in any way that we can. Supervisor Horton informed the Board that Karen McLaughlin will now be working on affordable housing identifying the needs within the community. Jim McMahon, Community Development Director has many other duties to tend to, mainly access to funding sources and possibly stewardship of recently acquired town preserved lands. IV. 5. Zoning and Planning Committee - The Notes from August 21, 2002 meeting were discussed with the Town Board by Councihnen Wickham and Moore. * - The Planning & Zoning Committee would assist the Town Board and the Moratorium Working Group in enacting the desired planning and zoning changes by the end of the moratorium period; * - To help determine what those changes should be, the Town needs a set of planning objectives. They agreed upon the following seven objectives, the first four of which were set out in the resolution enacting the moratorium: (1) To promote the preservation of farmland and agriculture; (2) to preserve open space and recreational space; (3) to preserve the rural, cultural, commercial and historic character of the hamlets and surrounding areas; (4) To preserve the natural environment; (5) To preserve and promote a range of housing and business uses; (6) To enable the regulation of the growth in housing units and population in the Town within bounds that the Town may determine; and (7) to establish closer coordination, better consistency and greater efficiency on the part of all Town Officials, departments and boards dealing with planning and zoning matters. The committee considered adopting a policy that they would not act on any change of zone application that would significantly increase density. Supervisor Horton questioned whether or not that would include the area surrounding the landfill. Councilman Wickham reiterated only if it would increase the density and he thinks it is only fair to send this message clearly. The Town Attorney recommends not having the policy in order to address some of the issues on the burner that need addressing at this time. Councilmen Wickham and Moore asked if they had the Board's agreement on these seven (7) objectives that they believe should direct the Town's thoughts as they deal with this moratorium. They added that their attentions should be focused primarily on the first six. They proposed number five (5) to be sure that they would be receptive to having a range of housing uses so that they don't lose sight of that initiative. All members of the Town Board did generally agree on these objectives. Supervisor Horton invited the Town Board to contact the Ad Hoc Housing Advisory Committee appointed by him and use their services. But he said that he doesn't want them to rely on only this committee, but to investigate many other avenues. The Board must determine how many housing units at various levels that they want to have. Councilman Wickham cited the Blue Ribbon Committee initiative goal to preserve at least 80% of the farmland and open space which includes vacant land that is not being farmed, mostly woodlands, meadows, etc. They must consider how to do this and uphold objective number three (3) at the same time to preserve the rural, cultural, commercial, and historic character of the hamlets of the surrounding areas. The creation of incentive zoning districts were discussed whereby a certain percentage of subdivisions being marketed must be affordable housing. Creating a percentage will be explored. Councilman Moore will contact Bill Sharp on this. IV. 6. The Zoning Board of Appeals request for a clarification on the Breezy Sound Shores requesting approval of motel units. Chairman Goehringer was wondering if this particular application would be affected. The Town Board stated that commercial applications will not be affected by the moratorium. 8/27/02 4 The Town Board discussed the agenda and the placement of items on same by Town Board members. Town Board members have the opportunity to place items on at any time. Thursday afternoon/Friday morning is the cut-off for department heads and Town Board appointments. Justice Evans said that it is very difficult to make decisions when things are put on at the last minute and you don't have back-up material. Supervisor Horton admitted that he does have a tendency to put things on Monday afternoon, but promised to fax these items to Justice Evans. The Supervisor asked Town Board members to contact him when they wish to put items on the agenda. Currently people are coming up to him and questioning what certain items are and he has no idea what they are talking about. 11:05 a.m. Review of Resolution nmnbers 547 to 578. The abbreviation of HTE on resolution number 554, what does it stand for? It is the name of a computer software company. Justice Evans questioned resolution number 562 re-advertising for members of the Anti-Bias Task Force. She is concerned that this is a committee of the Town Board, but yet they actually have little control over it. She thinks it is a necessary committee, but should not necessarily be under the control of the Town Board. Members of this committee make comments and they get construed as the views of the Town Board which should not happen. Supervisor Horton is the liaison of this committee. He asked Councilman Richter to share this committee appointment with him. The Supervisor stated that he doesn't like the sign in Laurel when you are entering Southold Town which states "working towards a bias-free community" and would like to change it. Councilman Wickham stated that in his opinion it would be advisable from time to time to have all advisory committees come into a work session just to have a conversation with them. They work under the purview of the Town Board and they have a right to hear their thoughts and views. Supervisor Horton gave his opinion of a "hands ofl~' approach to committees, but agreed to send memos to the various committees. A written report is not necessarily important, but just a few moments to talk to them to see what is going on with their committees. The Anti-Bias Task Force Committee will be scheduled for the September l0th agenda for a 10-15 min time frame just to have a conversation with them . Then perhaps the Transportation Committee and the North Fork Promotion Committee, etc. One group will be scheduled at each Town Board meeting. SEEDS Program and Valerie Scopazs' role in same was discussed by the Town Board. She will be invited in to discuss this matter at the next Town Board meeting. Suzanne Donovan has resigned as their East End transportation coordinator. The Retirement Incentive Program was discussed by the Town Board. The Town Attorney and Town Comptroller Cushman are conferring with the labor counsel Howard Miller to determine if there is an urgency in adopting it tonight. It was determined that it should be adopted at this time. However, more information is needed on it.. The Town Board discussed Accessory Apartment Legislation - RO Residential Office, HB Hamlet Business and B General Business. Comments were received from the general public at the public hearing on August 13, 2002 that it did not include townhouses and the Planning Board has advised that they have more comments to make on the proposed laws. Text changes to the laws must be made to incorporate the Planning Board comments and comments made at the public hearing. There are further decisions that must be made on the laws by the Town Board. A decision must be made on the the square foot to be allowed per apartment, either 350 or 450 square feet. The definitions themselves must be cleared up also. Supervisor Horton places high importance on being certain that these apartments are rented to local residents who reside in the town on a year round basis and that the rents kept affordable. He asked the Town Attorney what could be interjected into it to guarantee these things. The Town Board discussed various modifications and dotting the "i's and crossing the "t's" on everything and investigating ways to place covenants and restrictions to ensure housing to local residents and keeping rents affordable. Supervisor Horton voiced his frustration that this has been out there since February and has not yet been resolved. The Town Board responded that this is a very complex issue that a public hearing was held on several weeks ago and comments and suggestions were made by the public which now must be addressed. How to allay the fears that some people have of the possibility of overcrowding in these apartments, guarantee affordability, provide the housing opportunities so that local working people can get involved in the program, to ensure long term affordable housing through covenants and restrictions, these are some of the questions that have to be answered. The Town Board decided that these provisions should be finalized through the code committee. Councilman Romanelli will be asked to convene a meeting of the code committee when he returns from his business trip to address these issues and draft text changes that all of the Town Board can agree upon. On motion by Councilman Thomas Wickham, seconded by Councilman William Moore, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 12:20 p.m. for the purpose of discussing contracts and property acquisition. Vote of the Town Board: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. 8/27/02 5 This resolution was ADOPTED. On motion by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 12:55 p.m. Vote of the Town Board: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was ADOPTED. The Town Board discussed accessory apartments again and concerns that residential offices are creeping into residential neighborhoods. The question of whether or not to permit accessory apartments only in the main structure and not accessory structures and whether or not they should be owner occupied were raised. These are some of the questions and issues that will have to be resolved by the code committee. The Town Attorney advised the Town Board that there is pending litigation with a urgency attached to it because of the time frame for response which must be dealt with promptly. The Board questioned if there is money in the outside counsel line, to which Mr. Yakaboski responded yes. The Town Board then directed him to contact some individuals to obtain proposals for outside counsel. The Town Attorney also discussed the need for additional staff at this time. The Town Board again discussed the retirement incentive program. There are still unanswered questions at this time. However, there is a deadline for adoption by September 3rd. If answers to these questions are not obtained before the start of the regular meeting, a special meeting may have to be scheduled to address this issue. This work session ended at 1:23 p.m. 8/27/02 6 GENERAL MEETING August 27, 2002 7:30 P.M. A Regular meeting of the Southold Town Board was held on August 27, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman John M. Romanelli SUPERVISOR HORTON: At this point I would like to put out there to members of the public who are here to address the Town Board that very simply, if you would like to address the Town Board on any of the written resolutions or what is on the printed agenda, you will have an opportunity to do so before we vote on the resolutions. If there is Town business that you would like to address the Board on that is not on the printed agenda, you may do so after we vote on the resolutions. At this time I am going to take a moment to mention that it is so nice to see so many people here for this, ifI could have the Kujawski family join me. I do have a proclamation that will be passing a resolution, this proclamation is for Frank, your husband and your father. The Town Board feels very strongly about this dedication and I think that this entire community feels very strongly about this dedication. I want to thank members of the Mattituck community and the extended Kujawski family that contacted me and helped me wade through to find the proper piece of land to dedicate to Frank. I want to say when I first mentioned that I was running for office, Frank showed up at the Unitarian Church where we were holding our conspiracy meetings and he showed up and listened to a 2-3 hour meeting of what needed to be done and what the town is about. He had so much good to say, so much focus. He brought calm and resolution to the entire group and when I left, I was a nervous wreck particularly speaking with Frank and there were other people in the group that had so much experience, giving to the Town and working for the Town. Frank took me aside after that meeting and he said to me "Josh, if you are going to work with me and I am going to work with you, you want to be a good public servant. Remember two things, work hard and be honest. With that you will go places." With that being said, that is how I will always remember Frank. I would like to read this proclamation on behalf of myself and the entire Town Board: WHEREAS: the Town Board of the Town of Southold wishes to recognize Frank A. Kujawski,Jr., who served the people of the Town of Southold as Deputy Supervisor, President of the Board of Town Trustees, Chairman of the Mattituck High School Science Department, and member of the North Fork Environmental Council; and WHEREAS: Frank was a mentor to hundreds of young people as coach of the Mattituck Golf Team, as an advisor to the Mattituck Student Council, and as a caring and devoted teacher of his physics and chemistry students; and WHEREAS: the people of the Town of Southold will miss Frank's service as a crusader for the protection of the environment, as an educator, and as a distinguished public servant; now, therefore, be it RESOLVED: that the Town Board of the Town of Southold hereby declares that the Downs Creek Wetlands Preserve will now and forever be known as the "Frank A. Kujawski, Jr. Preserve at Downs Creek" in his memory of and in appreciation to Frank A. Kujawski, Jr. for his dedicated service to the Town of Southold. SUPERVISOR HORTON: Now, I know that Frank would have wanted you all to attend the entire meeting but I also know that he had room to give. Thank you so much for giving us the opportunity. Moved by Justice Evans, seconded by Councilman Wickham, it was 8/27/02 7 RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $111,639.66 and $3,000.00; General Fund Part Town bills in the amount of $175.00; Community Development bills in the amount of $15,000.00; Highway Fund Whole Town bills in the amount of $5,864.99; Highway Fund Part Town bills in the amount of $7,470.50; Capital Projects Account bills in the amount of $18,776.16; Landfill Cap & Closure bills in the amount of $5,383.30; Community Preservation Fund (2%) bills in the amount of $414,064.38; New London Terminal Project bills in the amount of $5,227.50; Fishers Island Ferry District bills in the amount of $29,870.71; Refuse & Garbage District bills in the amount of $76,729.55; Fishers Island Sewer District bills in the amount of $375.00; Southold Agency & Trust bills in the amount of $12,533.44; Fishers Island Ferry District Agency & Trust bills in the amount of $421.33 and Accounts Payable Checks in the amount of $3,000.00. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 4:30 P.M., Tuesday, September 10, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that a Special meeting of the Southold Town Board be held at 10:00 A.M., Thursday, August 29, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We have various reports and communications all available to the public is you should so desire to read or review them. They are available at the Town Clerk's Office. The Town Clerk's office is open from 8:00 A.M. and 4:00 P.M., Monday through Friday. I. REPORTS 1. Southold Town Justice Court, Price July 2002 2. Southold Town Justice Court, Evans July 2002 3. Juvenile Aid Bureau, Police Department July 2002 4. Board of Town Trustees July 2002 5. Island Group Administration, Claim Lag Report August 2001- July 2002 6. Southold Animal Shelter June 2002 7. Southold Animal Shelter July 2002 II. PUBLIC NOTICES 1. Southold Board of Town Trustees Notice of dates to harvest scallops: October 7 20, 2002 dip net or scalp net for non-commercial harvesting; October 21, 2002- March 31, 2003 all gear permitted pursuant to Chapter 77 of the Town Code. III. COMMUNICATIONS 1. Letter to Supervisor Horton from Paul and Barbara Stoutenburgh re thank you for recognition and proclamation. SUPERVISOR HORTON: At this point I will offer the floor to any members of the public that would care to address the Town Board on resolutions that are on the printed agenda. I ask that in doing so you utilize the microphones at the front of the room and state your name and place of residence. JOAN EGAN: Good Evening. First off} on your resolutions you have initials on things and I think that it should be put to the resolutions what those initials mean because I don't know what all of them mean and it gets a little bit confusing for me. SUPERVISOR HORTON: Would anybody else care to address the Town Board on the printed agenda? JOAN EGAN: I wondered about issues with #557 the Southold Town Code. What code is that? 8/27/02 8 SUPERVISOR HORTON: The question that I think that you are asking Mrs. Egan is what is that resolution about? As a formality and a legality, in order for our Assistant Town Attorney to represent Southold Town before the Southold Town court in upholding or dealing with Southold Town Code she has to be appointed as a Special Assistant District Attorney. JOAN EGAN: Again on the advertising, I know that you publish it here a notice for jobs, that is #562. Again, are we advertising in both local papers because it seems to me that we are back to just the Suffolk Times around here? SUPERVISOR HORTON: We certainly advertise where we are required to which is with the official newspaper. JOAN EGAN: Now, also on a couple of the resolutions #566 we mentioned North Fork Bank and another one I think we mention the Bank of New York and why isn't Bridgehampton included in this? Who calls the shots as to which bank the business goes to? SUPERVISOR HORTON: The Town Board does. JOAN EGAN: That is all for now, thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed agenda? WILLIAM TOEDTER: On resolution #580 about negative declaration, I also see that as a public hearing at 8:00 P.M. What is the appropriate time to speak on that matter? SUPERVISOR HORTON: If you have concerns or you have comments that you would like to enter into the records in regard to that local law, building setback requirements adjacent to water bodies and wetlands, during that public hearing would be the appropriate time to have those comments. Would anyone else care to address the Town Board? (No response) #547 Moved by Councilman Richter, seconded by Councilman Wickham, it was WHEREAS: Frank A. Kujawski, Jr. served the people of the Town of Southold as Deputy Supervisor, President of the Board of Town Trustees, Chairman of the Mattituck High School Science Department, and member of the North Fork Environmental Council, and WHEREAS: Frank A. Kujawski, Jr. was a mentor to hundreds of young people, as coach of the Mattituck Golf Team, an advisor to the Mattituck Student Council and to the students in his physics and chemistry classes and WHEREAS: Frank A. Kujawski, Jr. served as a crusader for the protection of the environment as an educator and a public servant, with distinguished service; now therefore be it RESOLVED: the Town Board of the Town of Southold hereby declares the parcel of Downs Creek Wetlands Preserve~ known as Suffolk County Tax Map No. 1000-116-1-9.2~ now and forever the "Frank A. Kujawski~ Jr. Preserve~ at Downs Creek" in appreciation to Frank A. Kujawski, Jr. for his dedicated service to the Town of Southold. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #548 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the fall 2002 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2002 instructor line A7020.4.500.420. Lisa Baglivi (drawing) .................................................................... $25/hour Carla Blasko (computer) ................................................... $25/hour Thomas Boucher (guitar) ............................................................... $25/hour Jaimie Buhagiar (dance lessons) ..................................................... $20/hour Eugenia Cherouski (folk dancing) ................................................... $20/hour 8/27/02 9 Custer Institute (geology) .............................................................. $50/person Lucy Damron (spanish) ...................................................................... $20/hour Shirley Darling (tennis) .................................................................. Martha Eagle (aerobics) ................................................................. East End Kids (robotics) .................................................................. East End Insurance Services (defensive driving) .................. Dan Gebbia (dog obedience) ......................................................... Carol Giordano (baton) ................................................................... David Haurus (golf) ......................................................................... Mary Hewitt (creative scrapbooking) .................................... Hidden Lake Farms (horseback riding) ......................................... Rosemary Martilotta (Hatha yoga) ...................................... Tom McGunnigle (golf) ................................................................ Jim Mikelbank (youth basketball) ....................................... Theresa Pressler (youth program) ....................................... $25/class $30/hour $45/person $30/person $45/dog $25/class $38/person $20/hour $200/person $55/class $45/person $25/hour $25/hour Paine Webber/Steve Guglielmoni (financial management) .............. $20/person Denise Rathbun (alexander technique) ............................................... $20/hour Laurie Short (bodyworks/aerobics) .......................................... $20/hour Steve Smith (weight training) ............................................................. $20/hour Maria Trupia (gift wrapping) .................................................................. $20/hour Garance Werthmuller (art class) ........................................................... $50/class Dorothy Wolf (bridge) ..................................................................... $25/hour Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #549 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received on January 17~ 2002 for the construction of a new alfimal shelter. COUNCILMAN MOORE: This is simply a housekeeping matter, we will move forward with the new design and this was the bid for the old design so as a matter of clean-up we are tossing those and allowing anyone who put in a bond or a check to get their money back. SUPERVISOR HORTON: So in following up on that, we are proceeding with our plans for a new animal shelter and raising the funds for a new animal shelter. COUNCILMAN MOORE: Right. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #550 Moved by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an Agreement with the Robert L. Perry Day Care Center~ 612 Third Street~ Greenport~ NY, to provide a child day program for low/middle income families, subject to the approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #551 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Highway Fund Part Town budget, as follows: Revenues: DB.3501.00 DB.5990.00 Appropriations: DB.5112.2.400.905 State Aide Consolidated Highway Aid Appropriated Fund Balance Consolidated Highway Improvement Capital Outlay $ 223,717.98 7,793.73 8/27/02 10 Highway Resurfacing/Reconstruction $ 231,511.71 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #552 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Thomas H. Gannon & Sons, Inc. for the application of Polymer Modified Emulsified Asphalt Pavement, Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications, and as follows: Type "II" Micro-Surfacing $1.22 per sq. yd. Truing & Leveling (Type 5 - Shim) $75.00 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #553 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Comptroller John Cushman, and Senior Citizen Director Karen McLaugldin to attend the NYSGFOA Annual Fall Seminar on September 13, 2002 at The Hamlet Wind Watch Golf & Country Club in Hauppauge and the $55 registration fee shall be a legal charge to the Accounting & Finance Department budget (A. 1310.4.600.200). SUPERVISOR HORTON: I would like to say that in agreement with Mrs. Egan, I think that these initial need clarification in the future. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #554 Moved by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant James Ginas and John Sepenoski to attend the 2002 Northeast Regional HTE Users Group Conference to be held in Danbury, Connecticut on Monday, September 23 and Tuesday, September 24, 2002. Registration fee is $350.00 ($175.00 per person) and lodging is $396.00 (Special group rate of $99.00 per night/per person). Additional costs would be for meals and transportation. These costs to be a legal charge to the Police Department Training line - A.3120.4.600.200. COUNCILMAN WICKHAM: It is a good conference, I just don't know what the initials stand for. COUNCILMAN RICHTER: It is on the upgrade of the computer system. SUPERVISOR HORTON: The conference is in regard to the police communications that we have in our police department. I believe that H.T.E. is a combination for the manufacturer and the equipment that we use. I know it sounds very cult like. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #555 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Aileen Asklund, part-time Minibus Driver for the Town of Southold Senior Services Center, effective July 31, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED #556 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. Tuesday, September 24, 2002, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens view on local housing and community development needs to be met with approximately $148,000 in Community 8/27/02 11 Development Block Grant Funds the Town of Southold expects to receive in April 2003 and authorizes Town Clerk Elizabeth Neville to publish an "Announcement of Public Hearing", as follows: Citizen's Ideas Wanted On Community Development Program Almouncement of Public Hearing In April, 2002 the Town of Southold expects to receive approximately $148,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesday, September 24, 2002 at 8:00 PM O'clock in the evening at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED #557 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 517, adopted August 7, 2002, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby requests Suffolk County District Attorney Thomas Spoda to designate Southold Assistant Town Attorney Kathleen Murray, as Special Assistant District Attorney, for the purpose of prosecuting violators of the Codes of the Town of Southold. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED #558 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town 2002 Budget, as follows: TO: Revenues: A. 1840.30 Programs for the Aging $314.00 Transportation Contributions Appropriations: A.6772.4.400.600 Programs for the Aging $314.00 Contracted Services Equipment Maintenance & Repair Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED #559 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town 2002 Budget, as follows: TO: Revenues: A.2705.50 Programs for the Aging $400.00 Adult Day Care Donations 8/27/02 12 Appropriations: A.6772.2.100.100 Programs for the Aging $400.00 Equipment Adult Day Care Furniture Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED #56O Moved by Councilman Moore, seconded by Councilman Richter, it was WHEREAS, the Board of Commissioners of the Fishers Island Ferry District finds that the use of a credit card in certain transactions is necessary and proper to insure the most efficient execution of appropriate governmental purposes; and WHEREAS, the Board of Commissioners of the Fishers Island Ferry District wishes the Town of Southold to enter into a VISA Business Card Credit Agreement (the "Agreement") with FLEET BANK to provide such credit card privileges for the Fishers Island Ferry District. NOW, THEREFORE, BE IT RESOLVED, that Joshua Y. Horton~ Supervisor of the Town of Southold~ or his/her successor~ (the "prime holder") is authorized to execute an agreement with FLEET BANK for the purpose of obtaining credit card privileges with a total credit limit of $10~000.00. Such limit in combination with the Fishers Island Ferry District's other net indebtedness does not cause the Fishers Island Ferry District to exceed the debt limit applicable to such District and the Town of Southold resolves to take all necessary actions to ensure that such total credit card debt limit will not, in the future, cause the Fishers Island Ferry District to exceed its debt limit; and BE IT FURTHER RESOLVED, that the prime holder is authorized to receive all statements regarding this account. The following named persons shall be authorized to receive additional cards for their use in carrying out their official duties in the limit set forth opposite his/her name; NAME INDIVIDUAL CREDIT LIMIT (1) Thomas Doherty $5,000 (2) Nina Schmid $5,000 BE IT FURTHER RESOLVED, that Joshua Y. Horton, Supervisor of the Town of Southold, or his/her successor, shall be authorized to amend the list of persons authorized to receive credit cards as necessary from time to time; and BE IT FURTHER RESOLVED, that the form of the Fleet Bank VISA statement complies with all of Town of Southold's claim requirements established by the Town pursuant to applicable law and that the officer who incurred the expense set forth in a statement submitted for payment shall approve such claim and verify that the services to which such expenses relate were obtained by such officer; and BE IT FURTHER RESOLVED, that the Fishers Island Ferry District will pay out of previously allocated funds, or funds received in the current fiscal year, for any outstanding credit card debt incurred under the Agreement. The Fishers Island Ferry District may not use the credit card under the Agreement for long term debt not fully payable out of current revenues or previously allocated funds; the Fishers Island Ferry District will pay the outstanding balance each month; and BE IT FURTHER RESOLVED, that Fishers Island Ferry District hereby agrees to pay FLEET BANK for all purchase and cash advances made on the account, together with finance charges and other charges assessed in connection therewith, notwithstanding that Fishers Island Ferry District may not be obligated by law to pay such amount, and notwithstanding that the proceeds of any such advance may have been used to pay an expense for which proper appropriations, authorizations, approvals or bids had not been obtained, or which otherwise fails to satisfy legal requirements therefor. After repaying FLEET BANK, the Fishers Island Ferry District may pursue any legal remedy available to recover any funds expended for such unauthorized use or nonpublic purpose from any third party or unauthorized user. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #561 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an agreement between the Town of Southold and New York State for a Conununity Proiects Appropriation from Senator LaValle in the amount of $7,500 for the With You, Southold Can project. SUPERVISOR HORTON: I would like to say that when I called the Senator's office requesting funds for this project in an effort to beautify and develop community spirit and to have some community art 8/27/02 13 put on our trash receptacles throughout town, the Senator called within 10 minutes with a $7,500 grant for our project. I like to have that type of representation in Albany. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #562 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to re-advertise for a member of the Anti-Bias Task Force Committee, as no one has applied. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #563 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Scott A. Hilar¥ from his position as chairman and member of the Conservation Advisory Council and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and direct the Town Clerk to advertise for members to the Conservation Advisory Committee. SUPERVISOR HORTON: Scott served faithfully and he put a lot of work into the Conservation Advisor Council, his presence will missed. I am sure that we will be blessed with fresh talent that seems to be abundant in Southold. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #564 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Andrew D. Stype from his position as a Trustee of the Southold Town Employees' Health Benefit Plan Board of Trustees and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and direct the Town Clerk to advertise for members for the Southold Town Health Benefit Plan Board of Trustees. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #565 Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute the necessary documents to rescind and cancel the contract with Fleet Bank to operate a lock box for the Tax Receiver's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #566 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a contract with North Fork Bank to operate a lock box for the Southold Town Tax Receiver's Office, all in accordance with the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #567 Moved by Councilman Richter, seconded by Justice Evans, it was 8/27/02 14 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Joseph Betty, from his position as Maintenance Mechanic under the Residential Repair Program for the Southold Town Human Resource Center. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #568 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA in the matter of the amended petition # 318, of Darrin Skrezec for a change of zone from R-40 Low Density Residential and HB Hamlet Business to LB Limited Business on a certain property located on the south side of County Route 48 in Peconic, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #569 Moved by Justice Evans, seconded by Councilman Moore, it was WHEREAS Darrin Skrezec has amended a proposed a change in zone for the property identified as SCTM# 1000-74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane; and WHEREAS the amended, proposed change of zone is from Hamlet Business and Low-Density Residential (R-40) to Limited Business (LB); therefore be it RESOLVED that the Town Board of the Town of Southold hereby f'mds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #57O Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the October Grand Opening of Fort Corchaug at Downs Farm Preserve. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #571 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the revised bond esthnate for proposed Minor Subdivision of Paradise Isle, SCTM#1000-53-6-46.2, as determined by the Town Engineer in the amount of $47,275.00. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #572 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Ghosio to the position of Chairman of the Conservation Advisory Council, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #573 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends a resolution dated May 15, 1995 to change the titles of (1) Angel Morales from Home Health Aide to Part-Th-ne Food 8/27/02 15 Service Worker and (2) Beatrice A. Freeman from Home Health Aide to Part-Time Mini Bus Driver. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #574 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an application with AFLAC for a Premimn Only plan for non-union employees, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #575 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Solid Waste District budget~ as follows: To SR 8160.4.100.565 SR 8160.4.400.250 SR 8160.4.400.625 SR 8160.4.400.825 From SR 8160.4.100.515 SR 8160.4.400.660 SR 8160.4.100.607 SR 8160.4.400.805 Maim Mack Quarry Truck $ 500.00 Computer Software Support $ 2,500.00 Tire Repair $ 1,000.00 Glass Removal $10,000.00 Maint/Supply Compost Loader $ 500.00 Forklift Repairs $ 2,500.00 Encapsulator Maint. $ 1,000.00 MSW Removal. $10,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: Before we start the next resolution, we have a public hearing at 8:00 P.M., what I am going to do is continue on with the resolutions as we have only a small handful left and then we will continue on with the public hearings. #576 Moved by Councilman Moore, seconded by Justice Evans, it was WHEREAS, on August 25, 1998, the Southold Town Board enacted Local Law No.'s 12, 13, 14 & 15, 1998 in Relation to the "Southold Town Community Preservation Fund; and WHEREAS, the four Local Laws were as follows: · "A Local Law in Relation to Creating and Establishing a Southold Town Community Preservation Fund" · "A Local Law in relation to Establishing an Advisory Board for the Southold Town Community Preservation Fund" · "A Local Law in Relation to Creating and Establishing a Project Plan for the Southold Town Community Preservation Fund" · "A Local Law in Relation to imposing a 2% Real Estate Transfer Tax on the conveyance of interests in real property in the Town of Southold, including the incorporated villages therein, with the revenues derived from this tax to be deposited in the Southold Community Preservation Fund for the purpose of preserving open space and historic places within the Town;" and WHEREAS, in 1998, the Town Board determined that the proposed local laws all work together, and, for SEQRA purposes should be reviewed together; and WHEREAS, on July 8, 1998, the Town Board adopted a resolution determining that the above referenced action of the adoption of the Local Laws was a Type 1 action under SEQRA; and WHEREAS, the Town Board, as lead agency, conducted a coordinated review, and on August 25, 1998, determined that the proposed action would not have a significant effect on the environment and, pursuant to the State Environmental Quality Review Act and 6 NYCRR 617 et. seq., issued a Negative Declaration for the proposed action; and 8/27/02 16 WHEREAS, on August 13, 2002, the Southold Town Board set a public hearing on "A Local Law to amend § 6-175 of L.L. No. 20-1998 in relation to extending the expiration date of the two (2%) percent real estate transfer tax imposed in connection with the Town Community Preservation Fund"; and WHEREAS, authorization for the two percent (2%) Real Estate Transfer Tax will expire at the end of the year 2010. The State has enacted Chapter 250 of the Laws of 2aa2, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2020; and WHEREAS, the Southold Town Board finds that such an extension is critical to the continued success of the Town's land preservation goals. It is estimated that an additional ten (ia) years of the program, at current rates of revenue generation, will provide more than $300 million in additional revenue for the Peconic Bay towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund Program in conjunction with State revolving loan programs or other conservation strategies, the Town can buy more land now before it is lost to development and before values escalate further. The additional ten (ia) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (ia) year extension; and WHEREAS, the Town of Southold Community Preservation Fund has been an unparalleled success in preserving land; now therefore be it RESOLVED, the proposed Local Law "A Local Law to amend § 6-175 of L.L. No. 20-1998 in relation to extending the expiration date of the two (2%) percent real estate transfer tax imposed in connection with the Town Community Preservation Fund" is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations~ 6NYCRR 617.1 et. Seq.. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #577 Moved by Justice Evans, seconded by Councilman Moore, it was WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Short Environmental Form prepared for this project is accepted and attached hereto; and WHEREAS, the proposed Local Law is designed and intended to protect and preserve the community character, natural resources, scenic vistas and historic places as set forth in the Community Preservation Project Plan and Community Preservation Fund and thus the action is expected to result in beneficial, rather than adverse impact; and WHEREAS, the action will result in an overall net environmental benefit given the need to protect and enhance the ecological and natural resources, open space, groundwater resources, scenic vistas and historic places of the Town for the benefit of all residents, be it therefore RESOLVED that the Town Board of the Town of Southold hereby f'mds no significant hnpact on the enviromnent and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #578 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a Third Party Custodian Agreement between the Town of Southold~ Fleet National Bank and The Bank of New York; said agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #579 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby approves a refund in the mnount of $950.00 to Mattituck Sanitation for five (5) cancelled solid waste garbage permits for garbage trucks that they will no longer be using at the Southold Town Landfill. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 8/27/02 17 #580 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the following Negative Declaration pursuant to the SEQRA Rules and Regulations with respect to the proposed Local Law entitled "A Local Law to amend Chapter 100 Section 239.4 entitled building setback requirements ad.iacent to water bodies and wetlands of the Code of the Town of Southold". State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant August 26, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: A Local Law to Amend Chapter 100, Section 239.4 entitled "Building setback requirements adjacent to water bodies and wetlands of the Code of the Town of Southold SCTM#: Not Applicable Location: Town of Southold SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Amend Local Law 100-239.4 Building setback requirements adjacent to water bodies and wetlands to include structures as defined in the town code of the Town of Southold as: STRUCTURE -- Anything constructed or erected in, on or under the ground or attached to anything having a location, on or under the ground, including fences. Proposed amendments would include that: Ali Structures would be set-back no less than l O0' from the top of the bluff or bank on lots adjacent to the Long Island Sound, Fishers Island Sound and Block Island Sound Ali Structures would be no less than l O0' from the ordinary highwater mark on lots adjacent to the Long Island Sound, Fishers Island Sound and Block Island Sound Ali Structures located on lots upon which a bulkhead, concrete wall, riprap or similar structures exists and which are adjacent to tidal water bodies would be set-back no less than 75' from the bulkhead adjacent to the Long Island Sound, Fishers Island Sound and Block Island Sound Exclusions to the above local law include: 1. Buildings which are proposed landward of existing buildings. 2. Lands which are not bulkheaded and are subject to a determination by the Board or Town Trustees under Chapter 97 of the code of the Town of Southold 3. Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers which are accessory and separate from existing buildings or accessory structures. Ali Structures located on lots adjacent to any freshwater body would be set back not less than 75' feet from the landward edge of the freshwater wetland Exclusions to the above local law include: 1. Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the proposed amendments be enacted. Correspondingly, the proposed changes would allow the Departments of the Town of Southold to more thoroughly assess the impacts of any proposed structure within the defined jurisdiction. If the potential for adverse impacts exist, the evaluating department could require mitigative measures be employed to minimize any impacts. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #581 Moved by Justice Evans, seconded by Councilman Wickham, it was 8/27/02 18 RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Trustees to retain special counsel in the matter of Kram et. al. v. Board of Trustees. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be recessed at 8:00 P.M. for the purpose of holding three (3) public hearings. (1.) Hearing on "A local law to amend Chapter 100, §239.4 entitled 'Building setback requirments ad,iacent to water bodies and wetlands' of the Code of the Town of Southold"; (2.) Hearin~ on "A local law in Relation to Retirement Incentives" and (3.) Hearing on "A local law to amend §6-175 of local law 20-1998 in relation to extending the espiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Conununitv Preservation Fund". Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meetine reconvened at 8:34 P.M. #582 Moved by Councilman Moore, seconded by Councilman Wickham, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 30th day of July, 2002, a Local Law entitled "A Local Law to Amend Chapter 100, Section 239.4 entitled "Building setback requirements adjacent to water bodies and wetlands of the Code of the Town of Southold", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts "A Local Law to Amend Chapter 100, Section 239.4 entitled "Building setback requirements adjacent to water bodies and wetlands of the Code of the Town of Southold", which reads as follows: LOCAL LAW NO. 4 OF 2002 BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. 100-239.4 Building setback requirements adjacent to water bodies and wetlands. [Added 3- 14-1989 by L.L. No. 3-1989] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all building or structures located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-1992] (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than one hundred (100) feet from the ordinary high-water mark of said sound. (3) Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 8-1993] B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. [Amended 6-15-1993 by L.L. No. 8-1993] All buildings and structures located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: 8/27/02 19 (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. II. SEVERABILITY If any clause, sentence, paraRraph, section, or part of this Local Law shall be adjudRed by any court of competent jurisdiction to be invalid, the judRment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Underline represents additions Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #583 SUPERVISOR HORTON: In regard to #583, I still have some legal questions in regard to the language that I would like to run through our attorney's office tomorrow and also our labor counsel tomorrow. I would like to table this resolution and call us together on Thursday to call a vote on this once I have some more information before me and that information will be provided to you as well. Specifically, it is regarding the procedure in which this will be carried out as well as the mechanisms in place to guide the Town Board whether or not this is an incentive that has to be offered to everybody who is eligible, what defines eligible. I think those are questions that need to be answered by our labor council. Resolution #583 was HELD (Special meeting called on Thursday, August 29, 2002) #584 Moved by Councilman Wickham, seconded by Councilman Moore, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th Day of August 2002, a Local Law entitled "A Local Law to amend § 6-175 of L.L. No. 20-1998 in relation to extending the expiration date of the two (2%) percent real estate transfer tax imposed in connection with the Town Community Preservation Fund", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local law at which time all interested parties were heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts A Local Law to amend § 6- 175 of L.L. No. 20-1998 in relation to extending the expiration date of the two (2%) percent real estate transfer tax imposed in connection with the Town Community Preservation Fund, to read as follows: LOCAL LAW NO. 5 OF 2002 A Local Law to amend § 6-175 of L.L. No. 20-1998 in relation to extending the expiration date of the two (2%) percent real estate transfer tax imposed in connection with the Town Community Preservation Fund" BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Legislative Findings. The Town Board hereby finds that in 1998, the New York State Legislature adopted Chapter 114 of the Laws of 1998, which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation and parks and recreation purposes. The revenue for said Fund was to be derived from a two percent (2%) Real Estate Transfer Tax. This Town Board, by Local Law No. 20 of 1998, did implement the provisions of Chapter 114 of the Laws of 1998. Said Local Law was approved by the electors of the Town of Southold in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town of Southold Community Preservation Fund went into effect on April 1, 1999. The Town of Southold Community Preservation Fund had been an unparalleled success in preserving land for parks and conservation purposes. From April 1, 1999 through May 2002, the Community Preservation Fund in the Peconic Bay Region towns has generated $99.28 million for land preservation. The result has been the acquisition of thousands of acres of land for the public benefit. Authorization for the two percent (2%) Real Estate Transfer Tax will expire at the end of the year 2010. The State has enacted Chapter 250 of the Laws of 2002, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2020. The Southold Town Board finds that such an extension is critical to the continued success of the Town's land preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation, will provide more than $300 million in additional revenue for the Peconic Bay towns for land preservation. Further, by utilizing the Southold Town Community 8/27/02 20 Preservation Fund Program in conjunction with State revolving loan programs or other conservation strategies, the Town can buy more land now before it is lost to development and before values escalate further. The additional ten (la) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (la) year extension. SECTION 2. Extension of the Expiration Date of the Real Estate Transfer Tax Section 6-175 of ARTICLE IV, Two-Percent Real Estate Transfer Tax [Adopted 8-25-1998 by L.L. No. 20-1998] is hereby amended as follows: § 6-175. Effective date; referendum requirement This article is subject to a mandatory referendum as set forth in § 1449-bb of Article 31-D of the Tax Law. This article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this article shall expire and be deemed repealed as to any conveyance taking place after December 31, 20!0 2020. SECTION 3. Proposition. Pursuant to Section 2 of Chapter 250 of the Laws of 2002, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town of Southold at the general election to be held on November 5, 2002: "SHALL LOCAL LAW NO. OF 2002, ENTITLED "A LOCAL LAW TO AMEND § 6-175 OF L.L. NO. 20-1998 IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO (2%) PERCENT REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND" BE APPROVED?" SECTION 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. Effective Date. This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 5, 2002 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. SUPERVISOR HORTON: I would like to say that not only do we support this but I also think that things such as this afford everybody in the community to cast a vote in regard to anything that is going to dramatically affect the future and impact the community as a whole. I support not only the 2% fund but I also support giving people the opportunity to weigh in on our Town's future. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions and the voting thereof. At this point, I will off'er the floor to any members of the community that would like to address the Town Board on town related business. FREDDIE WACHSBERGER, VICE-PRESIDENT OF SOUTHOLD CITIZENS FOR SAFE ROADS: The subject that I would like to address is the proposed coffee shop on the corner of Village Lane. I would first like to read, I am sure that you are all familiar with it but haven't looked at it for a while, as you know there is a, it has been that was zoned general business by accident. I think that if you read the description of general business in the zoning code-the purpose of the general business district is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet center business areas, generally along major highways. It is designed to accommodate uses that benefit from large number of motorists that need fairly large parcels of land because it may involve characteristics such as heavy trucking and noise. Obviously totally unrelated to the site in question and I would suggest that even if there has been a mistake made there is no reason why it should continue to be made and it would be appropriate to address it and redress it. I would like to read a statement that I will then give to you. "Councilmen, I would like to present the Town Board with copied of approximately 250 petitions from Orient residents to the New York State Liquor Authority requesting the rescinding of the license which was issued to Mr. Ehrilch on April 30 of this year for a coffee house on the corner of Village Lane and the Main Road. We have been advised that the authority is investigating the award of that license. It would appear that it was awarded under a misapprehension perhaps created by the applicant that there was already a business on that site. In fact, the only current certificate of occupancy is residential, as the site has never been 8/27/02 21 commercially used. But a planning approval was issued for the proposed restaurant/cafe, one can assume that the liquor authority would see no reason for not re-instating the license. On behalf of the Orient Association, Southold Citizens for Safe Roads and the 250 members of the Orient community who have objected in writing to having a caf~ restaurant at this location, we ask the Town Board, the Planning Board and the Zoning Board of Appeals to disapprove any such proposal. There have been many letters written to you and the Planning Board listing the reasons why this site is inappropriate for the kind of operation that Mr. Ehrlich proposes. The restaurant which would seat 30, operate 7 days a week from 7:00 A.M. to 10:30 P.M. and have live and piped in entertainment. For reasons that are simply stated in the petition, it would permit an intrusion into a quiet and residential neighborhood at a site with no previous commercial occupancy with inadequate parking and on a dangerous intersection. On the advice of the Planning Board you in the Town Board advised the Liquor Authority that you neither approved nor disapproved the license. But Mr. Ehrlich did not then and still does not, at least the last that I checked last week, have an official application before the Planning Board. The fact that you took no position must suggest to the authorities that you are unconcerned. We urge you to support the residents of Village Lane and the Orient community by advising the Authority that you do not, in fact, approve of this license. We further urge the Planning Board and the Zoning Board of Appeals, if this proposal should come before them, to disapprove the dispensing of alcohol, which is admissible by special exception only. Mr. Ehrlich has continued to develop the property for his stated purpose, most recently tearing down the garage and scraping the ground clear to his west and south property lines, presumably to create more parking. There is every suggestion that he intends to push this project down the throats of the community. We urge all relevant Southold Town Boards to reject this proposal within the zoning laws of the town. Further, we ask you to revisit the zoning on of this site for which the description of general business district is entirely inappropriate. I will submit these petitions to you and I also included photographs of the site for those of you who haven't actually visited it, also a copy of the communication from the Liquor Authority and a page from Mr. Ehrlich's application to the Authority. DON WAGNER: Good Evening, my name is Don Wagner from Route 48 in Southold. I heard the gentleman over here a little earlier say that traffic on Route 48 was real bad. At times, I fully agree with him. They did have a hearing, the Department of Transportation and another group concerning a better use of ferries and Long Island Sound. There were many suggestions, many people suggested that they run a ferry from the old LILCO Shoreham power plant up to Connecticut, New London or elsewhere and this could be done with a minimum of added expense by merely extending William Floyd Parkway in the Town of Brookhaven. The big advantage of this to us in Southold is that it would probably cut substantial traffic on Route 48. But along those lines, too, right in the heart of Southold here, I wrote a letter which you should have received Mr. Supervisor, in which I complained to Mr. Gaffney, the Suffolk County legislator, that County Route 48 between Horton Lane and Boisseau Lane in Southold was in such bad shape. Two years ago, this road it was publicly announced would be repaved in that section and since it is a County Road the town has no real control over it. However, I wrote this letter to Mr. Gaffney and Mr. Barker (who is the Commissioner of Public Works for the County) and I was pleasantly surprised to receive a brief note back from County Executive Gaffney in which he said that he has taken the liberty to forward the copy of my correspondence to Mr. Barker and to keep him apprised of our case and its final resolution. I would ask then that you Board members, each and every one of you, please if you have the opportunity, at least call Mr. Barker. If it is not possible, write him a little note saying how bad this road is because I also included my letter and if they can't fix this road because of budgetary reasons, that they at least reduce the speed to 35 miles per hour because everyone's front end of their car is going to be knocked out of alignment, if it hasn't already and if an oncoming car the other way that doesn't stop right, if you hit the brake on a rough road like that your car is not going to respond, I don't care how good the braking system is. It is a question of preventing accidents as well. So please, I urge you to contact Mr. Barker and let him know that everyone is deeply concerned. Thank-you. SUPERVISOR HORTON: I will continue to contact Mr. Barker, I don't know his face but he and I have developed quite a phone relationship in regard to specifically Route 48. Thank-you for keeping abreast of it and being out there for us. BARBARA BOND: My name is Barbara Bond, I live in East Marion on the Main Road. I also live diagonally opposite the Blue Dolphin motel, which is now a lounge/nightclub. They have live music in an unenclosed space amplified. The Blue Dolphin is smack dab in the middle of a residential neighborhood and we are at the mercy of their music three nights a week. I live on the Main Road and I am used to noise, I know that there is going to be traffic going by. When the Blue Dolphin was owned by the previous owners they had music one night a week and yes it was grueling, you would grin and bear it, they stopped at midnight. Now it is three nights a week and it is late, it goes 8/27/02 22 sometimes past 1:00 A.M. somewhere between midnight and 1:00 and it is too much. I have kindly asked the owners of the hotel, I have called them and asked them to lower the volume. I had to wake up early one morning at 5:00 A.M. for a job and I had to wake up early the next morning, it was 10:30 P.M. and I said could you please lower the volume and they said it would be over at 11:00 P.M. Come 11:30 P.M. my partner went across the street to ask them what can they do and they were totally combative and said basically if we make any more trouble for them that they would play music seven nights a week until 4:00 A.M. and there is nothing that I can do about it. And I know that there is nothing I can do about it. I have called the police repeatedly, they come and ask them to turn it down, they say no and see you. There is no enforcement about the noise going on there, it is being shoved down our throat. I know that I am not the only neighbor that feels this way and I implore you, if you can do anything to help me along, I know that there should be a noise ordinance in town. I know that there is not right now. What is happening with the coffee house in Orient that could eventually be another Blue Dolphin down the road. You have to watch it and something has to be done about the noise. I invite any one of you to come by Thursday through Sunday, this weekend we are going to be treated to four nights of music, especially Thursday night with Calypso music-with steel drums-it really echoes down the roadways, so come and hear for yourself, it is a nightmare. SUPERVISOR HORTON: I will take a ride out there and speak with the owner. Thank-you. JOAN EGAN: Joan Egan, East Marion. Number one, obviously to this lady, Mr. Romanelli has done nothing about noise control. (Inaudible) I would also like to know when you are going to get some viable bids in to put security in on the justice building. This is absolutely unacceptable to me that that building can be broken into just like that. There aren't even bars on the windows, that is very private information and should be secured. I spoke to Mr. Romanelli's brother and he said that there was a problem in making bids because they are brothers. But he said that he would make a good bid. I could address the lifeguard issue, that is disgraceful. That there is no lifeguard out at the East Marion-Orient beach, absolutely disgraceful and a legal problem because if somebody drowns, you guys are responsible. Now, I don't see anything in the papers in regard to these busses that we purchased to pick people up to come to meetings, I would like to see something done about that. I addressed the recreation center where this has been the talk for a million years and nothing has been done about that. Now, the police signs, Mr. Harris told me that he was going to contact the Department of Transportation and he would probably also have to contact Mr. Yakaboski to find out about putting police signs on Main Road here so that people maybe might slow up. Now, Mr. Richter have you done your police report? COUNCILMAN RICHTER: You are going to get it very, very soon. JOAN EGAN: Very, very soon. Now, I notice on the front of the meeting that these reports, police reports, justice reports do these reports actually come to you? You know what I am talking about? SUPERVISOR HORTON: These are financial reports that come to the Town Clerk's Office. JOAN EGAN: Are they available to the public? SUPERVISOR HORTON: Yes. JOAN EGAN: I see. Okay. Now, the noise control is absolutely horrible. As far as I know, I live in East Marion, too but fortunately (inaudible) but to the best of my knowledge (inaudible) now I also think that it is very, very in light of what is happening throughout our country, as this is very important that people get familiarized themselves and get the telephone number for the child protection agency. You are waiting for it to happen here, it has already happened in Mattituck that a child was taken. People are walking away and leaving their children alone, it is not a difficult thing to contact the Child Protection Agency. I have already done it and I have saved two children's lives. I am very proud of myself. Now, are you going to enact with the schools who are coming to of course, these meetings and who are coming to court on Friday morning to see what a mess their lives can become from drinking and driving and drugging and driving. And to familiarize them also with the fact that even an open container in a vehicle, in a boat, you get a DWI. Now, Mr. Horton, have you received the report from Mr. Yakaboski in regard to the fact of taping? When you call the police station or somewhere else you should be alerted that you are being taped and alerted every 30 seconds. Now, have you received that report? 8/27/02 23 SUPERVISOR HORTON: Actually, that is something that Mr. Yakaboski and I have not discussed to date. JOAN EGAN: Well, I don't think that it is up to you to do the report, I think it is up to Mr. Yakaboski. He has had that letter in his hands, to the best of my knowledge, for two months. Now, I would also suggest to each and every one of you sitting on the Board that it is a long weekend coming up and I think that you should get out the book "Great Expectations" which we expected of every one of you and we ain't been getting it. Thank-you. ROBIN MARS: My name is Robin Mars, I live in East Marion on the Main Road and I wanted to second the comments made about the Blue Dolphin. I think that it is totally unfair that an entire town has to be subject to the noise that comes from that place. When I went over there to complain in person, I was basically ganged up by three men who kept coming closer to me and I felt that it was a very threatening situation and they were not open at all to hearing about lowering the music or stopping it. In fact, I was told that they were going to run the music until 4:00 in the morning if they want to, there is no town sound ordinance etc. etc. In fact, in the winter they might just turn it into a well care hotel when they go off to Puerto Rico. So these are not people that are an asset to the community, they are there to make a quick buck and who knows, sell it and move on, whatever. Also, I wondered why is there no sound ordinance? I can't imagine, I've lived in Manhattan for years and you couldn't just blast music at 3:00 in the morning, there were laws. I was wondering if someone could speak about that. JOAN EGAN: That is Mr. Romanelli's job. SUPERVISOR HORTON: To date there hasn't been, during the course of this current administration, there hasn't been discussion of the noise ordinance and prior to that, I know that there hasn't been support on the Board to support legislation on the noise ordinance. ROBIN MARS: How do you get that started? How does one get that started? SUPERVISOR HORTON: You have just begun. ROBIN MARS: Okay, do I need to do anything else? SUPERVISOR HORTON: We have your comments and I don't say no, don't. Please feel free and this is the forum to address the Town Board on any of your concerns. Your concerns are noted and they will be dealt with by the Town Board. MELANIE NORDEN: As a point of reference, is there a closing time for local bars or lounges? COUNCILMAN MOORE: The town cannot regulate any entity controlled through the State Liquor Authority and they have their.., are you saying 4:00? COUNCILMAN RICHTER: 4:00 A.M. MELANIE NORDEN: Oh, it is. Okay. COUNCILMAN MOORE: It is a State law. MELANIE NORDEN: So the State law says 4:00 and that is it? SUPERVISOR HORTON: We don't know the answer to that. MELANIE NORDEN: And by law, the town can't have any local ordinances regarding when bars can open or close? COUNCILMAN MOORE: No. SUPERVISOR HORTON: Would anybody else care to address the Town Board? ARTHUR TILLMAN: Arthur Tillman from Mattituck. I would like to make you aware of a situation that occurred last week with myself and some of my helpers. I was cleaning out a house for a person who died and there were no family members at all, we were cleaning out the house and in the process 8/27/02 24 we found a shotgun, shotgun shells, 22 shells and one of the kids that was working with me was in the garage and he found a hand-grenade. He brought it to me, I put it out on the front lawn, I didn't choose to examine it too closely. So anyway, I got on my cell phone and called 911 and I was connected with Yaphank and I (tape change) and again I got Yaphank and I said I want to be connected to Southold Town and they gave me the Police phone number of Southold Town, which was the 734 four digit number. There was a waiting period here of maybe 10 possibly 15 minutes before I got a hold of the Southold Town Police. Once I did, they answered very promptly and were very courteous. As it turns out, the hand grenade was disarmed. But it could have been loaded. The problem is that there is some kind of communication here with the cell phones and I spoke to some people about this and they said that some cell phones take you to Yaphank, some cell phones take you to Southold. COUNCILMAN MOORE: Some cell phones take you to Connecticut. ARTHUR TILLMAN: They do? Is there anything that we can do about this? I mean, what if this was an emergency situation, it could have been a real problem. Thank-you. SUPERVISOR HORTON: It is a real problem that the State and the FCC should have to address, they are addressing and are looking at. It is something that is beyond the Town's control in regard to cell phone transmission and communication. ARTHUR TILLMAN: Okay, thank-you. ANNE MURRAY: I am Anne Murray, I live in East Marion. I have three quick questions. Number 1, I recall reading in the paper a while back that there is a zoning committee that is working on revamping the zoning laws in town. Is that still going on? SUPERVISOR HORTON: Yes. ANNE MURRAY: Okay. Can you tell me when they are going to be finished and when there will be public comment on that? SUPERVISOR HORTON: Actually, Councilmen Wickham and Councilmen Moore are the, it is a standing committee of the Town Board, these two gentlemen are the chairs of the committee. COUNCILMAN WICKHAM: Let me comment briefly, there is a moratorium in place that has 5 1/2 months left to mn. It is the intent of Bill Moore and myself to present to the Town Board and get the Board to deal with and come to grips with whatever proposals we hope to enact by the time that that 5 1/2 months are up. And there will be an opportunity for the public to have comments on those proposals. ANNE MURRAY: So in that 5 months you will be reviewing all of the zoning laws? My second question is I read that the Suffolk County Water Authority is not bringing any more water into Southold at the present time? Is that the case? SUPERVISOR HORTON: Suffolk County Water Authority has a moratorium in place on all new hook-ups and there are stipulations within that that define new hook-ups and also define where they will step outside of that and hook-up new water to water lines. There is a moratorium on hook-ups. ANNE MURRAY: Do you expect to get a report from them, possibly in the future that they will be doing future hook-ups or do you think that this may be the end of them bringing water to the Town? SUPERVISOR HORTON: I don't think it is the end of them bringing water but yes, there will be information provided by the Water Authority to the town. ANNE MURRAY: Okay because that is a real concern of mine and I was curious as to how that was progressing. Last question, a point of information on resolution 581 what is the matter of Kram et al? I was just curious about that. SUPERVISOR HORTON: We will let our Town Attorney answer that, because he is familiar with the legal standing of that. 8/27/02 25 TOWN ATTORNEY YAKABOSKI: It is a matter before the Board of Trustees that deals with wetlands, particularly there were individual that had applied for a dock permit on the Bay that was denied by the Trustees and they challenged it through an Article 78 proceedings, this was to obtain special counsel. ANNE MURRAY: So that is something that you can't handle yourself? You have to hire outside help. TOWN ATTORNEY YAKABOSKI: It is not a matter of, technically, expertise wise, yes we could handle it in house. Time wise we would have an issue with. ANNE MURRAY: Time constraints. That is all it is, okay, thanks. SUPERVISOR HORTON: Would anybody else care to address the Board? PETER HARRIS, SOUTHOLD TOWN SUPERINTENDENT OF HIGHWAYS: Josh, members of the Board, just as a point of clarification pertaining to Trumans Beach. That is owned by the Orient- East Marion Park District, they are the ones who are, the town does not have legal say as far as lifeguards or parking attendant monitors there. That is owned by the Orient-East Marion Park District so as far as any life guards are concerned, Mrs. Egan, you need to contact the Park District. SUPERVISOR HORTON: We will address that after the meeting. Thanks for clarifying that, Pete and our beaches are well staff'ed. Would anyone else care to address the Town Board? JOAN EGAN: In the telephone book, this is a terrible thing, in the back of the cover in the small book where it says police numbers. There is only one for the fire department there is only one other than the 911. The only number that gets you through to the Police Department here and that is not listed, that number is 765-2600. Memorize it. Forget about the cell phone. Use the 765-2600 that will get you to the police. Or dial 727-2727 and that is the State Police. SUPERVISOR HORTON: Thank-you, Mrs. Egan. Would anybody else care to address the Board? Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:20 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk