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HomeMy WebLinkAboutTB-01/18/2005SOUTHOLD TOWN BOARD REGULAR MEETING January 18, 2005 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, January 18, 2005 at 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: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli (arrived late) Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan SUPERVISOR HORTON: Welcome to the January 18, 2005 meeting of the Southold Town Board. It is the policy of the Town Board and how we conduct this meeting; we afford the opportunity for the public to address the Board on several occasions over the course of the meeting. The first opportunity will be prior to the Town Board voting on any of the resolutions, the resolutions that you will find on the agenda. Second will be over the course of our public hearings, of which I believe we have three this evening and the third opportunity and final for the evening is the conclusion of the meeting, prior to adjournment, we off'er the floor to the public to address the Board on issues of importance relating to the Town. We do have reports, public notices, communications and other Town documents available for the public to review, available at the Town Clerk's office Monday through Friday, 8:00 A.M. to 4:00 P.M. I would like to, actually, if we could move the approvals? Moved by Justice Evans, seconded by Councilman Wickham, it was January 18, 2005 2 Southold Town Board Regular Meeting RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $656,747.57; General Fund Part Town bills in the amount of $40,464.43; Community Development Fund bills in the amount of $50,948.50; Risk Retention Fund bills in the amount of $351,835.00; Highway Fund Part Town bills in the amount of $75,846,18; Capital Projects Account bills in the amount of $163,509.57; Community Preservation Fund (2 % tax) bills in the amount of $653,160.85; New London Terminal Project bills in the amount of $256,193.80; Transfer Station Expansion bills in the amount of $6,726.00; Employee Health Benefit Plan bills in the amount of $25,620.32; Fishers Island Ferry District bills in the amount of $35,290.90; Refuse & Garbage District bills in the amount of $100,770.47; Southold Wastewater District bills in the amount of $10,524.84; Fishers Island Sewer District bills in the amount of $627.53; Southold Agency & Trust bills in the amount of $4,079.65 and Fishers Island Ferry District Agency & Trust bills in the amount of $381.78. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Minutes from the December 14, 2004 Regular Meeting of the Southold Town Board be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that a Work Session of the Southold Town Board be held Tuesday, January 25, 2005 at 2:00 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, February 1, 2005 at 4:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. I. REPORTS 1. Recreation Department December 2004 2. Program for the Disabled January through April 2005 3. Program for the Disabled December 2004 Events 4. Southold Town Justice Court, Evans December 2004 5. Southold Town Justice Court, Price December 2004 6. Southold Animal Shelter/NFAWL December 2004 7. Southold Town Justice Court, Bruer December 2004 January 18, 2005 3 Southold Town Board Regular Meeting II. PUBLIC NOTICES 1. New York State Department of Transportation Notice of Order to establish a 30 mph within the Great Hog Neck, Bayview and Cedar Beach areas in Southold. Order effective upon installation of necessary traffic control devices. 2. New York State Department of Transportation Notice of Order to amend the 35 mph area speed limit within areas of Route 25, Lower Road, Ackerly Pond Lane, Beverly Road, Hasamomuck Pond and Mill Creek, Maple Avenue, Town Creek and along Jockey Creek in Southold. Order effective upon installation of necessary traffic control devices. III. COMMUNICATIONS None SUPERVISOR HORTON: I have one presentation to make this evening and that is just a general presentation. Perhaps, Councilman Wickham, you could lend me a set of hands. I had a visitation in my office a couple of Wednesday nights ago. You know I conduct evening office hours, some folks come in and meet with me about items of importance to them in regards to the Town and one evening, one Wednesday evening, a woman came to my office and said, 'I have a gift for the Town.' It was something that she said belongs to the Town and she said that she found it in her basement when she purchased the home. She asked that her name not be revealed for public consumption but that she wanted the Town to have this archive, this historic flag. 1965, Southold Town 325th Anniversary of the Town and contrary to Southampton's popular belief, we are the oldest English speaking settlement in the State of New York. And anybody named Bishop or any of those Bonacker names want to take me out in the parking lot, I will be happy to represent the Horton family to do that. There it is and what we plan to do with it is have it appropriately framed and have it on display in Town Hall, as well as I am trying to put together a collection of any of the historic flags that have been produced for special ceremonies over the course of Town history. Thank you. We are positioned to move forward with the meeting and I ask are there comments or questions in regard to any of the resolutions that you may find on the agenda this evening? Mrs. Egan? JOAN EGAN: Good evening, everybody. Mr. Horton, Mr. Edwards, Ross, I always forget your name, I am sorry, Mrs. Evans and everyone else. And don't you ever chase me down the hall again, young lady, ever, ever again. You want to talk to me, you call me on the phone .... SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: ...you didn't do it. Uh ah. SUPERVISOR HORTON: This is not an opportunity to harass the Town Attorney. MS. EGAN: Excuse me. Joan Egan from East Marion. And this is not a joke up here. I hope all of you take the time to watch these Town Hall meetings on Channel 22. You have no idea what the public thinks of you when they see the jokes up there and congratulating each other and you haven't done really anything that you promised to do. So look at yourself on TV and learn your lesson. SUPERVISOR HORTON: Mrs. Egan....understood, appreciate that. January 18, 2005 4 Southold Town Board Regular Meeting MS. EGAN: Now, on the front page here, on the front page here you have the Southold Justice Court, Judge Evans and Judge Price for December. Any of you up there review them? COUNCILMAN EDWARDS: Yes. MS. EGAN: Who's that? COUNCILMAN EDWARDS: That was me. We do review them MS. EGAN: You did? And what was your opinion of it? SUPERVISOR HORTON: It is an accounting of the activity in the Justice Court. MS. EGAN: What? The review of the cases that appear before you, appear before Judge Evans and Judge Price in December. COUNCILMAN EDWARDS: It is a financial report. SUPERVISOR HORTON: It is a financial report, Mrs. Egan. JUSTICE EVANS: It is how many fines were taken then. MS. EGAN: Well, it doesn't say financial here, I think you have the ability to .... SUPERVISOR HORTON: It is a... MS. EGAN: .... excuse me? SUPERVISOR HORTON: It is an accounting report and if that needs further clarification, I will see to it that we can accommodate that. MS. EGAN: I am not sure about that. Prior to that, it used to be... SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: Excuse me. Let me finish. SUPERVISOR HORTON: Those reports, just for a matter of clarity, the Justice Court reports are a financial accounting of the amounts that each month the court took in through fines that relate to violations. MS. EGAN: Oh, I realize that but you also, prior to this, go over those court cases and find out what is happening in our Town. SUPERVISOR HORTON: We actually correspond directly with the Justice Court to do that. January 18, 2005 5 Southold Town Board Regular Meeting MS. EGAN: All of it. That is right. And if you can't do that, then one of you should speak to Judge Evans and get her opinion....good evening, Mr. Romanelli. I am glad that you finally got here. COUNCILMAN ROMANELLI: Good evening, Mrs. Egan. MS. EGAN: Find out what is happening in our Town. So don't tell me you read them, Mr. Edwards, you didn't. You didn't really find out what is going on .... SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: Ah ah. Ah ah. SUPERVISOR HORTON: Mrs. Egan, this is an opportunity to address the Board on the resolutions, if you would please continue. MS. EGAN: I shall. Alright. Now what is this #17 Establish the salary for the position of Sanitation Site Crew leader. What in god's name does that mean? SUPERVISOR HORTON: It is a leadership position in the, at the Transfer Station. MS. EGAN: At the dump. SUPERVISOR HORTON: The Transfer Station, yes. MS. EGAN: At the dump. SUPERVISOR HORTON: The dump, if you will. MS. EGAN: I will. So, go ahead. What does it mean? SUPERVISOR HORTON: It is essentially the equivalent, if I may use the analogy, of a foreman at the Transfer Station. MS. EGAN: He works for the Town of Southold under James Bunderchuk, correct? SUPERVISOR HORTON: Yes, ma'am. MS. EGAN: And what are his functions? SUPERVISOR HORTON: His functions are to oversee the duties, shift by shift, that Mr. Bunchuk would set out for the day. Work orders, operations that need to be carried out over the course of the day. The operation of the plant. MS. EGAN: Yeah. Of course, you do know there is the litigation that is still going on from what happened to part of your people out here when they went up to the dump and were told...., is there now a handicapped spot up there? January 18, 2005 6 Southold Town Board Regular Meeting SUPERVISOR HORTON: I am sorry, I am not sure what you .... MS. EGAN: Well, a place where people who have any kind of a handicap more easily. SUPERVISOR HORTON: There are... COUNCILMAN ROMANELLI: They can pull up right next to... MS. EGAN: Excuse me, if you want to speak, Mr. Horton was speaking, you can raise your hand and your turn will come up. SUPERVISOR HORTON: Mr. Romanelli, please feel free. COUNCILMAN ROMANELLI: Thank you. You can pull right up to any of the locations and as far as access for someone who can drive and say, has a handicap sticker on their car, there is plenty of access. You may have to wait for someone to pull out of the way but .... MS. EGAN: Well, excuse me... SUPERVISOR HORTON: We will be sure to designate one... MS. EGAN: I am sure that you will remember .... SUPERVISOR HORTON: We will be sure to designate one, Mrs. Egan. MS. EGAN: I am sure that you will remember that someone was up there and was told that handicapped people shouldn't come to the dump and they got injured and there is a lawsuit still going on for that. So I would suggest, Mr. Romanelli, you go up and check it out. COUNCILMAN ROMANELLI: I will and I will take your suggestion under advisement. MS. EGAN: Oh, you certainly will and you know that I will check... COUNCILMAN ROMANELLI: I know you will. MS. EGAN: Uh huh. Now, #5....this is the health plan for 2005, now is this in reference to the, have you signed the contracts with the employees? SUPERVISOR HORTON: Mrs. Egan, this is to administer the health plan that the Town provides. That is what this resolution... MS. EGAN: For whom? SUPERVISOR HORTON: For the Town employees. That is what this resolution is about. MS. EGAN: Oh, this has nothing to do, has the contract been signed? January 18, 2005 7 Southold Town Board Regular Meeting SUPERVISOR HORTON: No, it has nothing to do with that. MS. EGAN: Have those contracts been signed? SUPERVISOR HORTON: No. MS. EGAN: Disgrace. SUPERVISOR HORTON: It is a disgrace and we are ready and look forward to doing so. MS. EGAN: When? SUPERVISOR HORTON: As soon as possible. MS. EGAN: That is what you said over a year ago. SUPERVISOR HORTON: And Mrs. Egan? I mean it. MS. EGAN: That is what you said over a year ago. Oh, #7, now at your last Town Hall meeting I believe you again made a mistake and designated the Traveler as the paper for the year 2005 .... SUPERVISOR HORTON: That was not a mistake. MS. EGAN: Oh, yes it is. It should be in both papers because the circulation, unfortunately, for the Traveler is not as great as for the Suffolk Times, which then means that a lot of people miss these legal notices. Very often, I am not finished, very often the Suffolk Times, without being paid, will run these legal notices but they should, they don't have to, but they should be paid and both papers should receive the notice and you are wrong not to it that way. Now, on this, this land in the back here, you have several of these things and I think they are all together about the property and the, Theresa Elkowitz of Freudenthal and Elkowitz Consulting Group, where are they from? SUPERVISOR HORTON: What resolution are you referring to, Mrs. Egan? MS. EGAN: Well, I think it is #11, 12 and 13. I think you put the thermostat up too high. SUPERVISOR HORTON: Yeah, I agree. And your question regarding this? MS. EGAN: Well, I am asking who... SUPERVISOR HORTON: These are environmental reviews, SEQRA reviews and surveys of the property directly to the north of the Town Hall property behind us. MS. EGAN: Yeah, I know that. And where is this firm from? SUPERVISOR HORTON: They are a Long Island firm. January 18, 2005 8 Southold Town Board Regular Meeting MS. EGAN: I would imagine from Southold? SUPERVISOR HORTON: No. COUNCILMAN ROMANELLI: No. MS. EGAN: From where? SUPERVISOR HORTON: I believe they are mid-Island. MS. EGAN: And you can't get anybody from Southold? SUPERVISOR HORTON: To do this work, no. MS. EGAN: I find that hard to believe. SUPERVISOR HORTON: Thank you, Mr. Parsons. MS. EGAN: I told you, I don't think it is funny. SUPERVISOR HORTON: I was thanking Mr. Parsons for turning the heat down. MS. EGAN: Good. I will keep the place warm, that is for sure. SUPERVISOR HORTON: All the more reason to turn the heat down. MS. EGAN: That is right. Oh, what is this #177 SUPERVISOR HORTON: What would you like in regard to #177 MS. EGAN: Well, I don't quite understand that. SUPERVISOR HORTON: This is in regard to drainage that was to be dedicated many years and to the good work of the Town Attorney's office, is coming to fruition. MS. EGAN: Yeah. Now, #18, you have these students, Southold High School students, I never hear from them from Mattituck or Greenport, it is always the Southold High School. SUPERVISOR HORTON: That is not, that is entirely inaccurate, Mrs. Egan. MS. EGAN: No, no, pretty much, not entirely. I would say that 85 to 90 percent of the time... SUPERVISOR HORTON: No, I know you like to believe that. No. MS. EGAN: .... it is Southold High School. January 18, 2005 9 Southold Town Board Regular Meeting SUPERVISOR HORTON: I rarely disagree with you but on that point, I do. MS. EGAN: But now, I did speak to several of the Sergeants there and I have a propensity for finding things and ifI find them here, I bring them to the Town Clerk and ifI find them in other areas, I bring them up to the police station... SUPERVISOR HORTON: Is this in relation to a resolution? MS. EGAN: Excuse me, I am not finished. The Town sold, I did find two rings. Now, I think it is absolutely ridiculous that Sergeant Santacroce, who is a marvelous, marvelous police officer, is in charge of trying to find, the time was up, it took him 20 minutes to find those rings. Certainly with all of the money that you allocated for yourselves and your big raises in salary, you certainly could get somebody up there to help in the office back there. Because you know, you haven't signed their contracts back there, the police ones have been signed but you know, they go on strike but the bottom line, maybe some of the students from either Southold or Greenport, they could go up there and give them a hand... SUPERVISOR HORTON: That is a very good idea. MS. EGAN: .... for certain things, to help them out. You go up there and ask for a police report, you are, consider yourself lucky if you get it within five, six or seven days. Business days. Because they are so far behind. Maybe Mrs. Finnegan, when she is not doing anything, she can go on up... SUPERVISOR HORTON: Mrs. Egan, are there other resolutions you would like to address? MS. EGAN: Now, oh, you have another Southold High School person doing shadow, I love this shadow stufl~ #24, another Southold person. SUPERVISOR HORTON: Mrs. Egan, so you are aware, this specific job shadow... MS. EGAN: I think it is good. SUPERVISOR HORTON: ... it is very good .... MS. EGAN: I think it is excellent. SUPERVISOR HORTON: ...it is very healthy for the students and it is also very healthy for Town government. This one is specific to Southold School. Southold School has established this one and invited the Town to participate, so we have agreed to. MS. EGAN: Good. As a matter of fact I thought it was wonderful, your first run-around as a Supervisor, when you didn't have all this speed voting, that you had some of the meetings at the school... SUPERVISOR HORTON: We will still be doing that, Mrs. Egan. January 18, 2005 10 Southold Town Board Regular Meeting MS. EGAN: Ah, no, no, that is what you keep telling me, Mr. Horton and I don't see or hear it happening. I don't believe you'll really ever do it. SUPERVISOR HORTON: Okay. Okay. MS. EGAN: You just haven't done what you said you would do, you were doing so great and then it all fell apart. Now, #26...your head falling ofl~ Mr. Romanelli? SUPERVISOR HORTON: Mrs. Egan, Mrs. Egan, what is your question? MS. EGAN: Well, explain it to me. SUPERVISOR HORTON: Number 26? MS. EGAN: Mmmhmm. SUPERVISOR HORTON: It is setting a public hearing for a law that would establish the Town's ability to transfer development rights. It is simply setting a public hearing. MS. EGAN: So that will not happen tonight, that is going to be... SUPERVISOR HORTON: We will set a public hearing, I believe it is for February 15. MS. EGAN: Yeah. You know, it is really a shame... SUPERVISOR HORTON: And that will be noticed in both papers. MS. EGAN: Good. It is truly a shame that you didn't have your first Town Hall meeting of '05 last week and then two weeks later because that would have given the public the opportunity to come up and speak about extending the moratorium because.. SUPERVISOR HORTON: We had a public meeting two weeks ago. MS. EGAN: I know when you had it. During Christmas week, when you all congratulated yourselves. And I laughed at that show, I laughed. SUPERVISOR HORTON: Okay, thank you. MS. EGAN: Now what is this, #28, 2003 budget, for employee earnings, what is that all about? SUPERVISOR HORTON: Mrs. Egan, I don't know what resolution you are referring to. MS. EGAN: 28, I said. You find it funny, Mr. Edwards? SUPERVISOR HORTON: Mrs. Egan... January 18, 2005 11 Southold Town Board Regular Meeting JUSTICE EVANS: It was a misprint, probably should read 2005. SUPERVISOR HORTON: We should pay attention while Mrs. Egan is speaking, if we are not... JUSTICE EVANS: I think it was a misprint, it says 2005 in this portion. SUPERVISOR HORTON: Yeah, resolution 28 is a budget modification. MS. EGAN: And that should 2005 or? SUPERVISOR HORTON: That is correct. If it says 2003, that is a misprint and that is correct in the resolution we have. MS. EGAN: I understand you probably, there is going to be reduced drifting, redistricting of Fishers Island, we won't get as much money. But that figures, you messed that up. You lost your good tree people, you have lost... SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: ...in the last four years, so many people... SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: I will sit down. COUNCILMAN ROMANELLI: You are rude. SUPERVISOR HORTON: Mrs. Egan, I want to go on record as saying that the relationship we have with Fishers Island is a very good one, in fact, I am meeting with Fishers Island residents on February 4th, because I go over and conduct a quarterly meeting with Fishers Island residents. In regard to the Tree Committee, things change, new people come on to serve and we have a Tree Committee that is fantastic and will serve the Town well and we look forward to serving with them. MS. EGAN: You lost Amy Martin, you lost a lot of people that came up here and resigned because they didn't like the way you were doing it and I didn't blame them one single bit. I am not saying .... SUPERVISOR HORTON: Would anybody else care to address the Town Board on any of the resolutions? (No response) Then we will move forward with the resolutions. #1 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following hourly salary scale for the position of Sanitation Site Crew Leader effective January 1, 2005: Entry 22.4520 1 23.6520 January 18, 2005 12 Southold Town Board Regular Meeting 2 24.1320 3 24.7803 4 25.2603 5 26.4614 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the Agreement for Service and Statement of Work for Services between the Town of Southold and IBM for the maintenance of the new server for the Police Department, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #3 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a school crossing guard at the Mattituck High School, Route 25 & Maple Avenue crossing and for the East Cutchogue School crossing. Rate of pay will be per day $27.98 and $36.79, respectively. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. V- 880, adopted at the Town Board regular meeting held on December 14, 2004, as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a lease agreement between Innovative Mailing & Shipping Systems for the rental of one AES30D electronic scale and scale stand for a period of 60 months commencing on January 1, 2005, the cost of which is included in the Lease Agreement for one postage machine, Model WJ135 Mailing System, previously approved by Resolution No. V-880, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #5 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 agreement with Island Group Administration, Inc. January 18, 2005 13 Southold Town Board Regular Meeting for the administration of the Town of Southold Employee Health Plan for the 2005 calendar year, said agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General Fund ~Vhole Town budget as follows: Appropriations: To: A.3510.2.400.100 Animal Control Engineering $ 60,000 From: A.1990.9.100.100 Contingencies $ 60,000 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold declares the followin~ equipment as surplus equipment: IBM 8MM Tape Drive asset number 2484, class 041 IBM AS/400E 600 Hardware asset number 2481, class 041 Software asset number 2480, class 042 ATT Merlin Phone System model 510 A1 and 510C1 Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise the above surplus equipment for bid. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED February 1, 2005 by Resolution 47 #8 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bob Fisher~ Fire Inspector~ Michael Verity~ Chief Building Inspector~ Pat Conklin~ Building Permits Examiner to attend a training seminar on February 10, 2005. The seminar will be held at Hampton Bays Fire Department, 69 W. Montauk Highway, Hampton Bays, N.Y. from 8:30 a.m. 4:00 p.m.. This is part of the mandatory in-service training required for Code Enforcement Officials. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. January 18, 2005 Southold Town Board Regular Meeting This resolution was duly ADOPTED. 14 #9 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to George G'fllen~ Building Inspector to attend a training seminar on February 09, 2005. The seminar will be held at Fireman's Pavilion, 555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. 4:00 p.m.. This is part of the mandatory in-service training required for Code Enforcement Officials. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #10 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 the attached agreement with the New Suffolk Shipyard at Cutchogue Harbor Marina for dockage for the Southold Town Police Department for the 2005 season, all in accordance with the Town Attorney's approval. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #11 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to retain Theresa Elkowitz of Freudenthal & Elkowitz Consulting Group to perform a SEQRA review of the proposed acquisition of the parcel of property known as SCTM # 1000-61-1-3 located behind the existing Town Hall building, for the purposes of construction of a new Town Hall facility. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #12 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to retain Patrick A. Given~ SRPA of Given Associates to prepare an appraisal on the property known as SCTM # 1000-61-1-3 located behind the existing Town Hall building, pursuant to the proposal dated January 7, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #13 Moved by Councilman Ross, seconded by Justice Evans, it was January 18, 2005 15 Southold Town Board Regular Meeting RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to retain L.IC McLean Associates to prepare a survey and Phase 1 Environmental Assessment on the property known as SCTM # 1000-61-1-3 located behind the existing Town Hall building, pursuant to the proposal dated January 7, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #14 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to retain Ken Zahler of Aquebogue Abstract to review the title of the parcel of property known as SCTM # 1000-61-1-3 located behind the existing Town Hall building. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #15 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch identified as SCTM #1000-45-5- 5 and 70380 Main Road, Greenport. The proposed acquisition is for the entire 47.314± property. The exact area of the property is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred fifty thousand dollars). Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand dollar) donation to the Town of Southold from The Nature Conservancy. The Town's funding is to be pursuant to the provisions of Chapter 6; and WHEREAS, the Reese property is within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection; and WHEREAS, proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Reese property and other preserved properties in the Pipes Cove area; now, therefore be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further January 18, 2005 16 Southold Town Board Regular Meeting RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant hnpact on the enviromnent and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: 1) Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 2) Karen Chytalo, Chief Habitat Protection NYS-DEC 205 Belle Mead, Suite One East Setauket, NY 11733 3) Heather Amster, Real Property Supervisor NYS-DEC Region 1 Bureau of Real Property SUNY Building 40 Stony Brook, NY 11790 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #16 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Chamber of Conunerce to use Cox Lane~ the Main Road beginning at the comer Cox Lane heading west to New Suffolk Road~ and ending at the Cutchogue Fire Department on New Suffolk Road~ Cutchogue~ New York. for their "St. Patrick's Da~ Parade" on Saturday~ March 19~ 2005~ beginning at 2:00 P.M. and finishing in approximately one (1) hour provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Capt. Flatley to be contacted at least ten (10) days prior to the event to coordinate traffic along route. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #17 Moved by Councilman Edwards, seconded by Councilman Romanelli, WHEREAS, the Planning Board on January 14, 1997, approved the Minor Subdivision of Arthur Foster at Mattituck; and WHEREAS, the Planning Board's approval was conditioned upon the 20,959 square foot area as depicted on the subdivision plat being dedicated to the Town of Southold for drainage purposes; it is further January 18, 2005 17 Southold Town Board Regular Meeting RESOLVED, that the Town Board of the Town of Southold hereby accepts~ for drainage purposes~ the area depicted for dedication to the Town of Southold~ as shown on the attached Minor Subdivision Map for Arthur Foster at Mattituclq and further authorizes Supervisor Joshua Y. Horton to execute the Deed and conveyance docmnents and all other necessary docmnents to effectuate same, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #18 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following students from Southold High School to iob shadow on Wednesdav~ February 2~ 2005 at the Southold Town Police Department: Amanda Capone Nicole Sinning Michael Orgass SUPERVISOR HORTON: I just want to thank Southold High School in advance for asking Southold Town to participate in this program. As I said, it is beneficial to the youth in the community and if you are an adult, there is always something to be learned from the youth in the community so it is a win-win for us all. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #19 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS the Southold Town Solid Waste District issued a request for proposals (RFP) on December 22, 2004 to seek Professional Services to implement a groundwater monitoring program around the Cutchogue landfill as required by the New York State Department of Environmental Conservation; and WHEREAS the H2M Group of Melville, NY submitted the lowest-cost proposal to perform such services in full accordance with the RFP, then it is hereby RESOLVED that the Town Board of the Town of Southold accepts the proposal of H2M Group to implement a groundwater monitorin~ program at the Cutchogue landfill as detailed in the RFP and as required by DEC~ and authorizes and directs Supervisor Joshua Y. Horton to sign a contract with H2M Group for the procurement of such services, subject to the review and approval of the Town Attorney and the Solid Waste Coordinator. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O 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 the necessary forms with regard to the Elizabeth Field Airport Apron and Taxiway~ FAA AIP No. 3-36-0029-11-04~ NYS PIN 0913.11 Project, for January 18, 2005 18 Southold Town Board Regular Meeting Partial Payment Request No. One (Form 271) and Partial Payment Request No. One (Form FIN- 190), all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #21 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS Georgia Rudder, provisionally appointed by the Town Board of the Town of Southold to the position of full-time Head Clerk in the Building Department has successfully passed the open-competitive Suffolk County Department of Civil Service exam for that title; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Georgia Rudder as a full-th-ne Head Clerk in the Building Department effective January 18, 2005, from the open-competitive Suffolk County Department of Civil Service exam for that title at her current base salary of $42,583.77 plus longevity. SUPERVISOR HORTON: I just want to say that the Building Department would not and could not run without Georgia Rudder. COUNCILMAN ROMANELLI: She is a key member. SUPERVISOR HORTON: She is. Definitely the backbone. So, congratulations to her on this. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #22 Moved by Councilman Edwards, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving the adoption of a local law amending Chapter 100 of the Code of the Town of Southold regarding residential site plan standards; and WHEREAS, the purpose of the proposed local law is to provide standards and requirements for the Planning Board's review and approval of residential site plans, incorporating the direction adopted in the Town's comprehensive planning documents, including the need for sound and sensible design standards and the need for affordable housing within the Town. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law~ the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the enviromnent for the reasons enumerated in the attached Negative Declaration Form. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #23 January 18, 2005 19 Southold Town Board Regular Meeting Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby approves the letter of credit nmnber 3330001013 in the an~ount of $99~000.00 of the North Fork Bank on the account of Tide Group~ Inc. for the completion of highways and other improvements in the North Fork Industrial Park subdivision SCTM# 1000-96-01-01 located at the northeast corner of County Road 48 and Depot Lane, Cutchogue, New York, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #24 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Brittnev Pressler~ a Southold High School student~ to job shadow on Friday~ February 11~ 2005 in the Southold Town Justice Court, as part of the High School's Job Shadow Day. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #25 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the proposed Grant award Agreement between the Division of Criminal Justice Services and the Town of Southold~ DCJS #NC03874530, in the initial period grant award funding amount of $30,565, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #26 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of January, 2005 a Local Law entitled "A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold", now be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on February 15~ 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled reads as follows: "A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold" LOCAL LAW NO. of 2005 A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: January 18, 2005 20 Southold Town Board Regular Meeting SECTION 1. CODE AMENDMENT. The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as follows Chapter 87- Transfer of Development Rights §87-1 Purpose and Intent As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a socio-economically diverse community; and increased transportation efficiency. To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of Sanitary Flow Credits, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher density residential development. Unless expressly permitted herein, the transfer of development potential may not occur in the Town of Southold. §87-2 Definitions. Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this section. A development right includes but is not limited to a sanitary flow credit. Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow Credit is equivalent to a right to develop a single family residential parcel with an individual on-site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County Sanitary Code §760-605. (Other approvals will be required prior to development, including compliance with the Town zoning code.) Sending Distric~one or more designated districts or areas of land from which development rights are designated for transfer and use in one or more receiving districts. Receiving District ---one or more designated districts or areas of land to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of such transfer. Transfer of Development Rights- the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §87-3. Development Rights Bank The Town hereby establishes a Transferred Development Rights Bank (TDR Bank) in which development rights may be received, retained and sold by the Town Board in the best interests of the Town. All receipts and proceeds from sales of development rights sold from the Town bank shall be deposited into a special municipal account known as the Community Preservation Fund, to be used in a manner specified in Chapter 6 of the Town Code. All January 18, 2005 21 Southold Town Board Regular Meeting development rights transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this Chapter. A. The only development right that may be transferred into and out of the TDR Bank is a sanitary flow credit. B. The lands from which development rights to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 6 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. C. The procedure for transferring credits into the bank is set forth in this chapter at §87- 6. §87-4. Procedure for Transfer of a Development Right from the TDR Bank to a Receiving District. Upon application of the owner of an individual parcel in a Receiving District, the Town Board may permit the transfer of a development right to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in Section 100-292 relating to change of zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least ten (10) days notice of such hearing to be published in the official newspaper. E. Before the transfer of development rights may be authorized to any Receiving District, the Town Board shall determine, after evaluating the affects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. Where a transfer of development rights affects districts in two or more school, special assessment, or tax districts, it may not unreasonably transfer the tax burden between the taxpayers of such districts. §87-5 Irreversible Transfer. No development rights shall be transferred back to the sending parcel once the development rights have been transferred. No development rights may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisiton of development rights program or other easement, transfer, restrictive covenant or otherwise. January 18, 2005 22 Southold Town Board Regular Meeting §87-6 Sanitary Flow Credit Transfer The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR Bank, and later sell those credits to private developers for use exclusively in connection with affordable housing. All transfers of Sanitary Flow Credits pursuant to this chapter must pass through the TDR bank. A. Designation of Sending and Receiving Districts 1. The sending district shall be any land within the Town of Southold that is not defined as a Receiving District. 2. The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or Affordable Housing District (AHD). B. Designation of Development Rights 1. A development right for the purposes of this section (87-6) shall be limited to a sanitary flow credit. C. Determination of Sanitary Flow Credit to be Deposited into the TDR Bank 1. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Town Board shall request that the Land Preservation Coordinator provide a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. 2. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank. 3. The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. D. Transfer of Sanitary Flow Credits to a Receiving District Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-6 F have been filed and such filing has been approved by the Town Attorney. E. Sanitary Flow Credit Certificate. 1. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building Department prior to receiving a Building Permit. 2. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the Certificate. 3. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. F. Covenants and Restrictions 1. Following the Town Board resolution granting a transfer of a Sanitary Flow Credit to a recipient pursuant to the procedures set forth in this Chapter, the applicant shall file January 18, 2005 23 Southold Town Board Regular Meeting in the office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the Town Attorney. a. The Covenants and Restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to insure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 98 (Housing Registry) and §§100-50 through 59 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. 2. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within thirty(30) days of the approving resolution. No Sanitary Flow Credit Certificate shall issue until the Covenants and Restrictions have been filed and such filing has been approved by the Town Attorney. 3. The Town Clerk shall forward the Covenants and Restrictions to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. G. Revocation Failure to comply with any of the requirements set forth in this section may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after ten (10) days written notice of the hearing by personal service or certified mail has been given to the property owner. H. Expiration Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a Certificate of Occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board. I. Return of Credit In the B, HB or RO zoning districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and Restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall be returned to the bank by resolution of the Town Board. SECTION II. - SEVERABILITY. If any clause, sentence, paragraph, section or part of this article 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 III - EFFECTIVE DATE. This article shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN ROMANELLI: This is like a historical moment here. January 18, 2005 24 Southold Town Board Regular Meeting SUPERVISOR HORTON: Historic is when it is actually adopted. COUNCILMAN ROMANELLI: Right, right. SUPERVISOR HORTON: A public hearing is... COUNCILMAN ROMANELLI: It is still pretty historic, it is a big step. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #27 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #28 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold herebx modifies the 2005 General Whole Town Budget as follows: From: A.6772.1.200.100 Programs for the Aging Part Time Employees Regular Earnings $11,000.00 To: A.1620.1.100.100 Buildings and Grounds Full Time Employees Regular Earnings $11,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #29 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby approves the Stipulation of Agreement dated December 22~ 2004~ regarding the contract terms and conditions for employees assigned to the Canine Unit. SUPERVISOR HORTON: And on that note, Officer Mele, who is the canine officer and his dog, the Town's dog that is under the care of Officer Mele, Ajax, will be joining us shortly on the completion of their training. It will be a great asset for the Town. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. January 18, 2005 25 Southold Town Board Regular Meeting #3O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the Reverend Wffiiam James Smith of the Clinton Memorial A.M.E. Zion Church of Greenport, New York as a member of the Anti-Bias Task Force Steering Committee, for a two (2) year term of office to expire on December 31, 2006. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #31 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to retain Harold's LLC to provide labor and materials necessary for the new Control Cabinet and Transfer Switch replacement for the Fishers Island Sewer District at a sum not to exceed $20,133.60, subject to the approval of the Town Attorney and engineer for the sewer district. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #32 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Peter Schott effective January 17, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #33 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated January 12, 2005 regarding a town employee. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the meeting be recessed in order to hold three (3) public hearings on the matters of (1.) HEARING ON THE PURCHASE OF PROPERTY OF REESE ET AL, SCTM#1000-45-5-5; (2.) HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS FOR A CERTAIN PARCEL OF DORSET FARMS, INC., SCTM #1000-100-4-8 AND (3.) HEARING ON "A LOCAL LAW IN RELATION TO RESIDENTIAL SITE PLAN REQUIREMENTS." January 18, 2005 26 Southold Town Board Regular Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at #34 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Dorset Farms, Inc. on the 18th day of January, 2005, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck; and WHEREAS, the development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development rights easement is subject to the survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the property is adjacent to active farms, and in the vicinity of other farms on which either the Town or the County have purchased the development rights; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code; and WHEREAS, the purchase price is $34,000 (thirty-four thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. This Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency; and WHEREAS, the Town Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004); however, the Land Preservation Committee and the landowner had negotiated a new purchase price since the landowner had agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant reimbursement. The change in purchase price required a new public hearing. WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by Dorset Farms~ Inc. pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road) in Mattituck. The January 18, 2005 27 Southold Town Board Regular Meeting development rights easement comprises approximately 31.18 acres of the 33.02 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $34,000 (thirty-four thousand dollars) per buildable acre. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #35 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the property owned by Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch on the 18th day of January, 2005, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-45-5-5 and 70380 Main Road, Greenport. The property is located on the south side of NY State Route 25, approximately 100 feet West of Silvermere Road in Greenport; and WHEREAS, the proposed acquisition is for the entire 47.314± acre property. The exact area of the purchase is subject to survey; and WHEREAS, the Reese property is within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove focus area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection; and WHEREAS, proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Reese property and other preserved properties in the Pipes Cove area; and WHEREAS, the purchase price for the property is $2,250,000 (two million two hundred fifty thousand dollars). Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand dollar) donation to the Town of Southold from The Nature Conservancy; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and the Town's funding is to be pursuant to the provisions of Chapter 6; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and January 18, 2005 28 Southold Town Board Regular Meeting WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space preservation purposes; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property owned by Harold Reese Jr.~ Ronald Reese~ and Christine Reese McCuiloch identified as SCTM #1000-45-5-5 and 70380 Main Road~ Greenport. The proposed acquisition is for the entire 47.314± property. The exact area of the property is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred fifty thousand dollars). Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand dollar) donation to the Town of Southold from The Nature Conservancy. The Town's funding is to be pursuant to the provisions of Chapter 6; and, be it further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: 1) Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 2) Karen Chytalo, Chief Habitat Protection NYS-DEC 205 Belle Mead, Suite One East Setauket, NY 11733 3) Heather Amster, Real Property Supervisor NYS-DEC Region 1 Bureau of Real Property SUNY - Building 40 Stony Brook, NY 11790 COUNCILMAN WICKHAM: I would just like to make a point, the Supervisor commented before that these two resolutions incorporate substantial monies from outside the Town of Southold, $500,000 of this one comes from a grant, a donation from the Nature Conservancy and I think this is the future that we should be looking for and providing a place for in our program; is increasing reliance on grants and donations from private sources to help finance our programs. I am particularly grateful to the Nature Conservancy; I hope we can see more of this. SUPERVISOR HORTON: Thank you for raising that point, Councilman Wickham. I was remiss in not expressing that equal gratitude on behalf of the Board. COUNCILMAN ROSS: I need to abstain from this. It is a great resolution but I abstain. Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Ross. This resolution was duly ADOPTED. #36 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of December, 2004 a Local Law entitled "A Local Law in relation to Residential Site Plan Requirements" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at all interested persons were heard, now therefor be it January 18, 2005 29 Southold Town Board Regular Meeting RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the safety, health and welfare of the public, it is necessary and appropriate to enact standards and requirements for the Plannin~ Board's review and approval of residential site plans, which will incorporate the direction adopted in the Town's comprehensive plannin~ documents, includin~ the need for sound and sensible design standards, the need for affordable housin~ within the Town, the need for appropriate park and recreation areas, the preservation of open space where feasible, and necessary and appropriate emergency access and transportation features. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-259.1. Standards for Residential Site Plans. A. The Plannin~ Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: 1. The requirement that the applicant attend a pre-submission conference, at which time the applicant, the Plannin~ Board and plannin~ staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existin~ design manual as adopted by the Plannin~ Board. 2.Compliance with the applicable provisions of this chapter. 3. Compliance, where applicable, with Town Law §274-a and General Municipal Law §239-m. 4. Compliance with construction standards and specifications of the Town Highway Specifications, Chapter A-108 of the Code of the Town of Southold. 5. Compliance with the requirements of the Existin~ Resources and Site Analysis Plan(s) (ERSAP) and the allowable densit~ of dwellin~ units as calculated usin~ the yield plan criteria for standard subdivisions set forth in §§106-1 lA and B.2 of the Code of the Town of Southold, Subdivision of Land. 6. Compliance with the provisions of Article XI, Cluster Development, of Chapter A- 106 of the Code of the Town of Southold, Subdivision of Land, as may be applied by the Plannin~ Board in its discretion to residential site plans where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doin~ so, the Plannin~ Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, Subdivision of Land, shall ~overn except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law ,~278 re~ardin~ clustered development, Town Law ~274-a re~ardin~ site plan review, or Town Law §§267, 267-a, 267-b or 267-c re~ardin~ the authorit~ of the Zonin~ Board of Appeals, this provision supercedes and amends such sections insofar as they place any limitation on the Plannin~ Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. January 18, 2005 Southold Town Board Regular Meeting 30 7. Design Considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, right-of-ways, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. Preliminary Hearin~ Requirement. Prior to and in addition to the public hearing required by §100-254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. Affordable Housing Requirement. Every new residential site plan involving the creation of five (5) or more dwelling units shall comply with the requirements of ,~106-11B.2(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to "lots" within "subdivisions" in that subsection shall apply equally to dwelling units in affected residential site plans. Park and Recreation Requirement. The provisions of ~106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this Chapter, except the fee per "lot" therein shall herein be applicable to each dwellin~ unit. Performance Bond Requirement. The provisions of Article IX, Performance Bonds and Other Security, and Article X, Required Public Improvements, Inspections, Fees, of Chapter A-106, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law §10, §§100-259.1.B, C and D herein supercede and amend New York State Town Law §274-a regarding site plan review to the extent that the Planning Board is empowered to impose Affordable Housing, Park and Recreation and Performance Bond Requirements in the Residential Site Plan review process. Phased Development. The Plannin~ Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. Planning Board Authority to Vary Requirements for Setbacks, Buildin~ Length and Separation and Courts. The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for January 18, 2005 Southold Town Board Regular Meeting 31 entire ~roups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§100-233 and 234. In makin~ these decisions, the Plannin~ Board shall take into consideration the benefit to the applicant, as weighed a~ainst the detriment to the health, safet~ and welfare of the neighborhood or community. In makin~ such determination, the Plannin~ Board shall also consider (1) whether an undesirable chan~e will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the ~rantin~ of the amendment; (2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficult~ was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supercedes and amends New York State Town Law §§267, 267-a, 267-b and 267-c insofar as these sections ~ive such authorit~ to the Zonin~ Board of Appeals. III. SEYERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. I¥. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: I would like to just add a brief comment. To not enact something because there may be items to be worked out down the road or to not enact something because it will change the way these types of applications or projects will be processed and come to fruition would be fool hearted on the part of the Town Board because the reason we are enacting, taking these steps such as the subdivision re-write and now the site plan re-write, the reason we are taking these steps is for the greater good of the Town and every piece of legislation should be considered a continued work in progress. This one tonight, the subdivision code that we passed in August and all of the legislation that this Town Board and Town Board's past and Town Board's in the future will enact. I just wanted to respond to that and congratulate the Town again for persevering. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We now off'er the floor to the public to address the Town Board on general town matters. Yes, Mrs. Egan. MS. EGAN: Yes, good evening again. Just going back on these Justice reports. He says they are only monetary, which that is a horrible way of addressing it. I wonder if you wonder why you got the money and how the money came about. The unimportant part is the money, it is what is happening to the Town because of what is happening in the Justice Courts and I am sure Mrs. Evans, without violating any confidentiality, could tell you how bad it has gotten within the last two years. January 18, 2005 32 Southold Town Board Regular Meeting SUPERVISOR HORTON: That is a very good point, Mrs. Egan. MS. EGAN: Oh, I realize that. SUPERVISOR HORTON: That is a very good point. I would agree 100 percent that it .... MS. EGAN: And if Mrs. Evans can't do it, let me tell you, dear, I am almost here every Friday morning, I would be more than glad to enlighten certain people. SUPERVISOR HORTON: You are correct in saying that... MS. EGAN: I realize that. SUPERVISOR HORTON: ... the amount of money is not as important as why it is arriving in the Town's hands. MS. EGAN: No, it has absolutely nothing to do with the price of beans. Now, the, in addition to what Mrs. Moore had to say about site plans and subdivisions and multiple housing, she neglected to say about the schools and the police which would have to all be increased. So you better be very, very careful. These things have been reviewed one million times, even before you were sitting on the Board, when old Jeannie baby was there. SUPERVISOR HORTON: That is former Supervisor Cochran. MS. EGAN: Supervisor Cochran. Now, this run-off water, I don't think there is anything you can really do about it. It is coming up all over from many different reasons down there by again, Sunrise Bus, by Riverhead Building and all of that. Now the, also, I have brought this up numerous times and nothing is being done about it, I don't know whether you're in the building that much on Friday mornings when the courts are here but we definitely need more protection not only for the people who are here but for the town people also, you need someone at that door with a scanner to see that there are no weapons brought into court. You are waiting and I keep telling you this, you are waiting for an incident and this will then bring more disgrace to the Southold Town Board, that you sat there and you did nothing... SUPERVISOR HORTON: Mrs. Egan? MS. EGAN: ... and of course, let me tell you, now look at this, look at this. How many people are really here? How many? SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: This has been going on, people, it isn't apathy, it is disgust. Disgust. With their taxpayers money and they are not getting their money's worth. I don't know whether you will have a mutiny on the bounty but you might and you should get it. You really should. SUPERVISOR HORTON: Mrs. Egan. January 18, 2005 33 Southold Town Board Regular Meeting MS. EGAN: You have got to wake up to the fact that this is not an art community, there are people trying to live and to work and it is great, Josh, that you are on television on 22 with all the wonderful art they have, this is nice but it is not living. This is what you are not doing for us. You are not doing the noise control, you are not doing so many things that has to be done to make the quality of our lives decent. The rest is nice, that is icing but it is the living that is important and the noise control hasn't even been touched. I would like to ask you this, Mr. Horton... SUPERVISOR HORTON: Yes, Mrs. Egan. MS. EGAN: .... as the Police Commissioner, this equipment that was put on our police vehicles, you know for motion cameras, you know, not only to protect the victims .... SUPERVISOR HORTON: Those cameras have not been installed. They have been on back order for several weeks... MS. EGAN: ... oh, they haven't, I thought .... SUPERVISOR HORTON: .... they have been on back order, well, we are implementing them slowly but they have been on back order for several weeks from the company. MS. EGAN: I thought one or two of them had them for a while? SUPERVISOR HORTON: No. MS. EGAN: No? SUPERVISOR HORTON: No. We did have a demo but none of the ones that we ordered. MS. EGAN: Yeah, right. SUPERVISOR HORTON: I want to say, you mentioned a good point about the Justice Court and it is something that I agree with and take very seriously and am not sitting idle on and that is your recommendation of having a more secure court facility. The one thing we need some clarification on is the Town's legal ability to actually conduct the type of scanning you recommend. MS. EGAN: Oh, absolutely. SUPERVISOR HORTON: We need some clarification .... MS. EGAN: Well, there is another job for Mrs. Finnegan to do. SUPERVISOR HORTON: Mrs. Egan. Mrs. Finnegan works very hard for the Town... MS. EGAN: Not in my money. January 18, 2005 34 Southold Town Board Regular Meeting SUPERVISOR HORTON: I am trying to convey to you that it is a point that is well taken, one that we take very seriously and as soon as we have that clarification, there have been several opinions on that, we want to make sure that what we are doing... MS. EGAN: Well, let's do it pdq. SUPERVISOR HORTON: .... is 100 percent by the book. MS. EGAN: And we shall. SUPERVISOR HORTON: Because you are right ..... MS. EGAN: Now when is the next Board meeting? SUPERVISOR HORTON: ... and furthermore at the end of the day, what we really need is a court facility that is separate from the general Town Hall business. MS. EGAN: Josh, let's deal with right now, not what we would like three months, six months. We are dealing with right now. Now, I would like to ask this, when is the next quarterly coming out for the little Town brochure that we got that I offered to help with and spent time on the phone with with Mrs. Finnegan. When is the next one coming out? SUPERVISOR HORTON: I don't know the answer to that. MS. EGAN: No. Because you see what happened was somebody told a non-truth and I am not exactly sure who did but when I called and said I would help and it was, 'oh, wonderful' and then the next thing I heard that it hadn't been done and the next thing, it can't be done because it already had been done and that was not the truth and I don't know who told that big fib. They should get coal in their stocking at Christmas. Now, so, okay, that gives you a little homework to do. SUPERVISOR HORTON: And I want to also, in regard to some of the issues that are very important that you address about noise, to remind you and also to make the commitment that one thing we have done in the past 18 months is to work individually with the restaurants, particularly there have been a couple of restaurants that have been particularly problematic in regard to noise and we have worked very closely with them but yet very forthrightly in addressing those quality of life issues, as well as the police departments very successful efforts that will continue in the future in regard to noisy vehicles and that is not just motorcycles. I want to make that very clear on the record. That is not just motorcycles, that is cars and trucks, two- wheeled vehicles as well. MS. EGAN: And landscapers. SUPERVISOR HORTON: We will continue those efforts because I believe we made tremendous headway. January 18, 2005 35 Southold Town Board Regular Meeting MS. EGAN: You know, I was told by Sergeant Santacroce that it is because of me that there are 396 slips in my name and I said that maybe by the weekend there will be 400 because I have done more for my town than maybe all of you put together. SUPERVISOR HORTON: Mrs. Egan, we try to work with you and appreciate you coming to the Town Board meetings and I appreciate the continued calls and input. Would anybody else care to address the Town Board? (No response) Before we adjourn, there are two members of the Anti-Bias Task Force here this evening, Ruth Oliva and Ellie Lingo and I want to thank both of you and the Anti-Bias Task Force for an incredibly empowering, inspiring and eloquent Martin Luther King, Jr. memorial and ceremony on Sunday. Thank you on behalf of the entire Town for putting that together. Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that this Regular Meeting of the Southold Town Board be and hereby is declared recessed at 8:50 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk