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HomeMy WebLinkAboutTB-02/15/2005SOUTHOLD TOWN BOARD REGULAR MEETING February 15, 2005 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, February 15, 2005 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: Supervisor Joshua Y. Horton Justice Louisa P. Evans (left after public hearing) Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman John M. Romanelli SUPERVISOR HORTON: Good evening and we will call this meeting to order. Thank you for joining us at the February 15th, 7:30 P.M. public meeting of the Southold Town Board and please rise and join with me in the Pledge of Allegiance to the Flag. And again, I welcome you all to the Southold Town Board meeting. Several times over the course of this meeting, the public has the opportunity to address the Town Board. The first is prior to the voting on any of the resolutions that are on the printed agenda. The second opportunity this evening will be to address the Town Board over the course of any of our public hearings on tonight. And I believe tonight we have but one public hearing. So there will be ample opportunity, obviously to address the Board over the course of that public hearing on the specific hearing. And then prior to the conclusion of the meeting, after the public hearings and the resolutions have been dealt with, we off'er the floor to the public to address the Board on other town related items. We have, we ask that when you do address the Board, you do so from one of the microphones and podiums located at the front of February 15, 2005 Southold Town Board Meeting 2 the room and that you state your name and address, clearly into the record, so we can have that as part of the public record. There are reports, public notices and communications; all of which are available for the public's review at the Town Clerk's office, which is open Monday through Friday 8:00 A.M. to 4:00 P.M. Prior to moving into the approvals and into the rest of the meeting, I do have two presentations that I would like to present at the beginning of this meeting. And first I would ask Detective Beth Dzenkowski to come front and center. Beth and I have been talking a lot about this over the past couple of weeks, particularly as we have been concluding the fall/winter 2005 DARE classes. And these are the sixth grade classes in Southold Town, Detective Dzenkowski (inaudible) this DARE class was Beth's last in Southold Town. She is moving on with her life and will shortly be retiring from the Southold Town Police Department. Detective Dzenkowski has been with the Town Department for 22 years. Not only has she is she distinguished in the classroom for communication and raising the bar of drug prevention and other social components of children, be aware that she has raised the bar of that education and communication in the classroom but she is also known for the work that she does with families throughout Southold Town, through the Juvenile Aid Bureau. We have said this several times over the course of the last eighteen months, we really believe that the more we can do with children, through the Southold Town Police Department, the more we can interact with children at an early age, the more they understand and know that there are people that they can come to, should they be confronted with situations or temptations or pressures that are otherwise unhealthy. And Detective Dzenkowski has raised the bar of that communication and really set a high standard of that. So she will be missed in the classroom, she will be missed on the street. Beth was very active in the community and embodied good police work. So we are sad to see Beth go. And it was tough to me to actually speak at each of the DARE graduations over the past few weeks. Seeing the light in the kids eyes when they interacted with Detective Dzenkowski and the other light that was in their eyes was when they realized, 'wow, at the end of this class, Detective D. will be on her way'. So the good thing is, they will be on their way as well and they will be on their way with tremendous tools. Tools that they will be able to take into their adolescence and into their early adulthood and hopefully, throughout their entire lives. Some other distinguishing factors about Beth: Beth was the first female officer, not just in the Town of Southold but in the entire north and south fork. Beth was the first woman, female officer, on the east end of Long Island. And so you can imagine the trailblazing that she had to do and the challenges that she faced in the early phases of her career. She has also represented Southold Town in statewide organizations. She was the first female to be the president of this organization, that represents the entire state of New York and was also the first officer from Southold Town to be the head of that organization. I struggle with the organization because it doesn't have a nifty acronym that I can, so what is it .... DETECTIVE DZENKOWSKI: The State of New York Police Juvenile Officer's Association, which is all of the juvenile officers across the state. SUPERVISOR HORTON: And we are proud that you got to serve in that capacity, she will continue to serve in that capacity even past retirement. And I wanted to take an opportunity to thank you for your help and to tell you that we are going to miss you and you have created some big shoes to fill and that the two officers, they are mandated to take your program and do it as well and twice as much. February 15, 2005 3 Southold Town Board Meeting DETECTIVE DZENKOWSKI: And they will. They will carry on. SUPERVISOR HORTON: I have this plaque, it is a small token of our appreciation. You have gotten a proclamation from us but more so, what you carry with you is what we will carry with us and that is a career full of memories. Thank you. DETECTIVE DZENKOWSKI: Thank you. SUPERVISOR HORTON: Next I would like to ask Public Safety Dispatcher Sheila Klos to come forward. I think, having been a dispatcher, a dispatcher is someone who takes all the calls in the most stressful moments of people's lives, they are taking the initial call and then they have to know how to deal with that person, calm them down, extract important information and then reach out and bring other resources to bear to deal with emergency situations. And I have my own deep appreciation for the significance and the difficulty involved in that job. I worked as a dispatcher when I was in the Coast Guard and I know what it is like to get the call when someone is panicking and the only thing you can get out of their mouth is 'mayday'. They can't even get who they are or where they are out of their mouths and it is very difficult to get the information you need to have a positive impact and save somebody's life and bringing the resources that they need. I received a piece of internal correspondence that I would like to share with you all. "On Friday, January 28, 2005 at 1824 hours, PSD Sheila Klos received a 911 call from a resident in town who a family member was choking on food. After obtaining the information needed to dispatch the call, PSD Klos instructed the caller in administering the Heimlich maneuver over the telephone, in an attempt to dislodge the food. As the caller did not have a portable phone, he had to put the phone down several times over the course of the PSD, of Sheila, gave him these instructions to attend to his family member. It was during this time that PSD Karen Harned dispatched the Cutchogue rescue squad. After the call ended, Chief William Brewer of Cutchogue Fire Department (who is also a member of the Southold Town Police Department) advised, called the sergeant on duty, to advise the calm actions of the dispatchers and I am remiss in not having PSD Harned as well, and that is my, I will make that up personally. Yes, she was and I want to acknowledge that. And I am remiss in not having her here. It appears that the instructions that Sheila Klos gave to this gentleman helped in dislodging of the food and the clearing of his family member's airway. And that is no small task. To instruct somebody over the telephone how to, somebody that had to pick it up and put it down. To effectively instruct them on how to administer the Heimlich maneuver, you saved this gentleman's life. And I want to thank you on behalf of the Town and I will do the same for PSD Harned. Please accept this on behalf of the Town Board. And we will continue with this meeting, commencing with a motion for the various approvals. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $321,102.00; General Fund Part Town bills in the amount of $23,429.16; Risk Retention Fund bills in the amount of $1,713.11; Highway Fund Whole Town bills in the amount of $1,777.50; Highway Fund Part Town bills in the amount of $130,491.20; Community Preservation Fund (2% tax) in the amount of $1,028,370.80; Waterway Improvement Program in the amount of $21,250.00; New London Terminal Project bills in the amount of $123,038.00; Employee Health Benefit Plan in the amount of $9,086.24; Fishers Island February 15, 2005 Southold Town Board Meeting 4 Ferry District bills in the amount of $6,737.26; Refuse & Garbage District bills in the amount of $64,252.79; Southold Wastewater District bills in the amount of $26.84; Fishers Island Sewer District bills in the amount of $690.71; Southold Agency & Trust bills in the amount of $13,779.73 and Fishers Island Ferry District Agency & Trust bills in the amount of $121.49. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Minutes of the January 18, 2005 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 duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Minutes of the February 1, 2005 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 duly ADOPTED. Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held March 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 duly ADOPTED. I. REPORTS 1. Town Clerk's Annual Report for 2004 2. Recreation Department - January 2005 3. Southold Town Program for the Disabled January 2005 Events 4. Southold Town Justice Court, Bruer January 2005 5. Southold Town Justice Court, Price January 2005 6. Southold Town Justice Court, Evans January 2005 7. Town Clerk's Monthly Report January 2005 II. PUBLIC NOTICES 1. New York State Department of Environmental Conservation Notice of Complete Application of Timothy Steele to install an irrigation well at 12795 Oregon Road, Cutchogue, Town of Southold. Written comments by March 4, 2005. III. COMMUNICATIONS None February 15, 2005 Southold Town Board Meeting SUPERVISOR HORTON: That brings us to our resolutions and prior to moving into any of our resolutions, I offer the floor to the public to address the Board on any of the specific resolutions. Mrs. Egan. JOAN EGAN: Good evening, everybody. Mr. Horton, Mr. Ross, Mr. Edwards, Mrs. Evans and this side also. Yes, on the front page, we reviewed this last time and I sincerely hope that the Justice reports, court reports, not for money, were reviewed by someone up here? Do you know whether they have? SUPERVISOR HORTON: Mrs. Egan, we only receive financial reports from the Justice Court. MS. EGAN: Well, we had discussed that the last time and you had said that you would hopefully get someone to review the reports of what happens in court. And you said you would try to do that. As a matter of fact, I think Judge Evans said she might be able to give them a verbal review. Did that happen? SUPERVISOR HORTON: No. What I endeavored to do was actually meet with Judge Bruer and Judge Price, which I do with some regularity, probably not enough regularity but with some regularity to get a sense of the activity in the courtroom. MS. EGAN: Well, I think you had better do it in depth. You are here on Friday's, most of you up here, well, certain some of you are here on Friday's and as I told you at the last meeting, somebody was almost passed out out there and that the ventilation system was terrible... SUPERVISOR HORTON: Right. MS. EGAN: And in that regard, Mrs. Finnegan, have you got anyplace with Hauppauge with regard to getting a scanner out here? And the answer to that is yes or no. SUPERVISOR HORTON: The answer is yes. MS. EGAN: Good. And how far along have we gotten? SUPERVISOR HORTON: Our Assistant Town Attorney, who deals specifically with Justice Court is actually doing research on how other municipalities... MS. EGAN: Research? SUPERVISOR HORTON: Yes, research on how other municipalities handle security within their courtrooms and what various techniques are available and what costs are associated. MS. EGAN: Well, all the other courts are doing it... SUPERVISOR HORTON: That is not entirely true. MS. EGAN: Have you spoken with the Chief of Police in that regard? February 15, 2005 6 Southold Town Board Meeting SUPERVISOR HORTON: Yes. MS. EGAN: And I hope that you don't have to go to their funerals, when someone gets killed up here. Not funny. Now, number 55. SUPERVISOR HORTON: Yes. That is a correction for a document on the purchase of some development rights, so we can move forward and execute that agreement. MS. EGAN: And these people that you have hired, they are from where? SUPERVISOR HORTON: This is making a correction to a contract that is currently before the Town. MS. EGAN: Oh, oh, excuse me. Okay. Now, this Fishers Island, I have heard varying reports and I think Judge Evans is from Fishers Island... SUPERVISOR HORTON: What resolution? MS. EGAN: Oh, excuse me. SUPERVISOR HORTON: 56? MS. EGAN: I think that is 57. SUPERVISOR HORTON: Okay. 57, is simply hiring a seasonal deck hand for the Fisher Island Ferry District. MS. EGAN: Well, there had been some problem there and I hope we don't lose their tax money because Connecticut would be very, very happy to grab them. Number 58. Now, I really don't think it is necessary to spend that money to go over to, up to Rochester. I think these little trips should cease and decease. This could all be done by computer, telephone or letters. There is no reason for these little freebie trips. It all comes out of our money. Now, the number 59, that is the recreation program... SUPERVISOR HORTON: That is correct. MS. EGAN: And I truly don't see an awful lot of improvement at the recreation center, on Peconic Lane. I truly don't. And the last time I was there, I didn't think that the air conditioning .... SUPERVISOR HORTON: Are there other resolutions, Mrs. Egan? MS. EGAN: Pardon? Number 61. February 15, 2005 7 Southold Town Board Meeting SUPERVISOR HORTON: This is a long-standing relationship agreement that we have with the Nature Conservancy specifically directing resources to work with the town, state, county, federal agencies to complete or work towards the completion of the Pipes Cove region. MS. EGAN: Now, number 62A, that is the Cleary Consulting. Where are they from? SUPERVISOR HORTON: Northport, I believe. MS. EGAN: That is out of Southold? SUPERVISOR HORTON: Yes. MS. EGAN: I have asked again and again, that you please try to hire these type of people, lawyers, anyone, from Southold. This will give jobs here. Oh, number 63. SUPERVISOR HORTON: Moving right along. MS. EGAN: Now, you congratulated that lady, the dispatcher .... SUPERVISOR HORTON: Mrs. Egan, do you have... MS. EGAN: Have you signed the union contract? SUPERVISOR HORTON: Mrs. Egan, you are referring to a specific resolution? MS. EGAN: I know but this came to my mind. SUPERVISOR HORTON: Well, this is an opportunity, this portion of the meeting is dedicated specifically to resolutions. MS. EGAN: Alright. So? Are we ever going to be able to change that title of the Program for the Aging because we are all aging... SUPERVISOR HORTON: That is going to take an act of Congress. MS. EGAN: Hmm? SUPERVISOR HORTON: That is going to take an act of Congress. MS. EGAN: Well then, do it. You have plenty of people up there that don't have anything to do most of the time. SUPERVISOR HORTON: You should take a look at Congress. February 15, 2005 8 Southold Town Board Meeting MS. EGAN: Now, number 65. That is Jean DeLorme, she is an absolute marvelous, marvelous person and as I said at the last Town Hall meeting to Mrs. McLoughlin, you stop using the microwave. It is causing cancer. SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: Number 66. SUPERVISOR HORTON: Yes. MS. EGAN: This gentleman is from Southold, I would imagine? I would hope? SUPERVISOR HORTON: That is correct. MS. EGAN: Lives in the Township of Southold? SUPERVISOR HORTON: Yes, he does. MS. EGAN: Now, number 67, I think that is absolutely marvelous. Is it Miss or Mrs. Dzenkowski here? SUPERVISOR HORTON: Ms. MS. EGAN: Good. Wonderful. Now, we always seem to wind up with Petro Heating Oil. SUPERVISOR HORTON: It is a sealed, competitive bid. MS. EGAN: Mr. Romanelli is missing, I see, huh? SUPERVISOR HORTON: He doesn't bid on that. MS. EGAN: Oh, I wanted to ask you. Are all those little reflectors gone from up here? SUPERVISOR HORTON: No, we have a few. MS. EGAN: Well, I did leave word with .... SUPERVISOR HORTON: You are not going to throw them at me, out of your car? MS. EGAN: Excuse me. With head of the Patrolman's Benevolent Society, Joe Wysocki, I left him a note to get that done. SUPERVISOR HORTON: Okay. MS. EGAN: Now, number 77. February 15, 2005 9 Southold Town Board Meeting SUPERVISOR HORTON: Yes. MS. EGAN: Now Canon Business Solutions... SUPERVISOR HORTON: This is for copy machines. Replacing the ones that we have. MS. EGAN: And that company is located where? SUPERVISOR HORTON: Canon I believe is a publicly traded company. MS. EGAN: Where? SUPERVISOR HORTON: I believe Canon is a publicly traded company. MS. EGAN: Where are they located? SUPERVISOR HORTON: I don't know where their headquarters are. MS. EGAN: They are not in Southold? SUPERVISOR HORTON: No. MS. EGAN: Shame, shame on you. Number 83. SUPERVISOR HORTON: Yes, 83. MS. EGAN: And what does that all mean? Oh, they are auctioning off... SUPERVISOR HORTON: Oftentimes when we find that we have items that the Police Department that come available for auction. They don't necessarily move through the traditional auction process that we have in town, so this is going to expand our auctioning horizons. Through online auctioning services. MS. EGAN: Now, 88, authorize installation of streetlights on Willow Drive in Greenport. That is part of us or is that... SUPERVISOR HORTON: That is in the Moore's Lane north neighborhood. MS. EGAN: Oh, okay. SUPERVISOR HORTON: And this was at the request of the residents of that street. MS. EGAN: There was something in here, maybe I missed it, for the dump? SUPERVISOR HORTON: No. February 15, 2005 10 Southold Town Board Meeting MS. EGAN: For Mr. Harris? No? SUPERVISOR HORTON: Not today. Are there other, is there anybody else who would like to... MS. EGAN: I think that is it for now. SUPERVISOR HORTON: Okay. Yes, Ms. Schroeder. GWYNNE SCHROEDER: Gwynne Schroeder, North Fork Environmental Council. And I just want to thank the Board, I see resolution number 90 is opposing the proposed liquid natural gas terminal on Long Island Sound. I hope you all vote for this resolution, in addition to the local environmental impacts, this burning and facilitating the development of facilities that burn fossil fuels does nothing to decrease our dependence on fossil fuels. It is a multi-faceted issue, there are safety concerns, terrorism concerns and you are joining over 30 environmental and civic groups from across Long Island, as well as the Riverhead Town Board. I know this was discussed at the Suffolk County legislature today, so I just want to thank you for addressing this. SUPERVISOR HORTON: And we also, the East End Supervisor's and Mayor's Association, which represents the nine villages and five towns, we also took a position on it a few days ago at a meeting. Thank you, Ms. Schroeder. Would anybody else care to address the Board on the resolutions? Yes, Mr. Yakaboski. GREG YAKABOSKI: Good evening, how you folks doing? A little different being on this side. SUPERVISOR HORTON: Your name and address for the record. MR. YAKABOSKI: Greg Yakaboski, Southold. I had a question on 62B. This is to deal with the SEQRA, with respect to the TDR's and I took a look at the file today, and my question, I will have some more questions during the public hearing but just to focus on the resolutions. Josh, in the reasons supporting the termination, the SEQRA, throughout 1 through 12 or 13, it continually references the hamlet areas. I don't know if they have been defined, I haven't been paying too much close attention the last year. I was wondering if there is a definition of the hamlet areas? SUPERVISOR HORTON: I think that one thing, when you were with us at the Town, what you struggled with was the hamlet center, was something that we had a lengthy discussion about. A hamlet areas is a broad, I would say and Pat, you can jump in any time. The hamlet area would be a broad definition, if you will. MR. YAKABOSKI: A greater, something larger than a hamlet center. I appreciate that, I am just kind of wondering, since the Board is going to be voting on this a little later and it continually references hamlet areas, if the Board members can just help me figure out what that is. I... SUPERVISOR HORTON: Oh, certainly. February 15, 2005 11 Southold Town Board Meeting MR. YAKABOSKI: I want to talk a little later during the public hearing, about the TDR program. The local law and I am trying to figure out, gather some information, that is all. SUPERVISOR HORTON: Okay. Would you like to? COUNCILMAN WICKHAM: I would just like to say, on February 24th at 7:00 P.M. here, there will be a public meeting, an information meeting, where each of the hamlet stakeholder groups will outline their plans for their hamlets. And it will be an opportunity for you and for the public to learn more about what we are planning and what they are planning for their hamlets. I believe there are six of them. MR. YAKABOSKI: That was 7:00 Tom? I appreciate that and I know the Board was working on the, not to belabor the point, but I know the Board was working along that study, Tom, with that coming up, it kind of begs the question, if folks are still trying to figure out what those hamlet centers are and I believe that part of the purpose of the local law tonight is to take the TDR's from outside areas or bring them into the hamlet centers and hamlet areas, going by the language of the law? SUPERVISOR HORTON: That is loosely... TOWN ATTORNEY FINNEGAN: Right. MR. YAKABOSKI: I am only going from the language of the law. So I am just trying to figure out if the Board members... SUPERVISOR HORTON: The specific areas and we should probably say this for the public hearing but as it pertains to your specific question... MR. YAKABOSKI: Would you like me to save the comment till later, Josh? SUPERVISOR HORTON: No, this is fine. On 62B, the area that can receive sanitary flow credits and that is what this legislation is sanitary flow credits is B, HB, RO and AHD. MR. YAKABOSKI: So that would be considered the hamlet, Bill, Dan, that would be considered the hamlet areas? SUPERVISOR HORTON: Those would be considered, yeah, within the hamlets of the town. MR. YAKABOSKI: Okay. SUPERVISOR HORTON: And I think that answers your question. MR. YAKABOSKI: I will come back later, just one last comment to the Board, I think that it would be helpful for the folks out here trying to gather whether or not this is a good decision, a bad decision on the TDR's, if there is a clear understanding where the decision making body is focusing its efforts... February 15, 2005 Southold Town Board Meeting 12 SUPERVISOR HORTON: I think that RO, B and HB, if I recall from a lot of the counsel that you provided when you were here with us, that those are A: they are extremely small areas and very few of them in town are good comprising, very little acreage and I just recalling the advice that you provided for us when we were making the amendments to, when the Board asked the question, when we talk about providing opportunities for accessory apartments in the hamlet areas, your advice to the Board was we will deal with the B, HB and RO zoning districts. So I think that answers or addresses the question. MR. YAKABOSKI: I, particularly, don't recall that particular advice and then, again, I will bring it up at the public hearing that why the HD zone, which would seem to be clearly in the .... SUPERVISOR HORTON: HD is not involved. MR. YAKABOSKI: Correct. But if you read the definition of the HD zone, which specifically talks about hamlets, it would kind of, I don't know if that was an oversight in the local law, why that was left out but it would clearly seem to be, the purpose of the hamlet density residential district is to permit a mix of housing types and level of residential density appropriate to areas in and around the major hamlet centers. Particularly Mattituck, Cutchogue, Southold or in the Village of Greenport. And I will bring up the rest at the public hearing. SUPERVISOR HORTON: That is fine. And we felt that at this point, we wanted to have a very limited capacity that would deal specifically with affordable apartments and affordable housing and the HD zone, we made a conscious, we made a clear decision among the Board, to not include that at this point. Because that probably will become, it is possible that that would become the discussion of, you keep referencing TDR's, this legislation is clearly about sanitary flow credits and that is, you know, a much broader conversation about TDR's that would include much more public input and community discussion would have to ensue. MR. YAKABOSKI: I would agree with it and I will save the rest of my comments for the public hearing. I just have to, when I come back up, I am going to need a little clarification on that. SUPERVISOR HORTON: Thank you. Would anyone else care to address the Board on the resolutions? I am going to depart from my traditional order of the meeting and hold the resolutions and move right to the public hearing, since it is 8:05 and I am making the broad assumption that many of you are here for the public hearing. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared recessed in order to hold a public hearing on the matter of a HEARING ON "A LOCAL LAW IN RELATION TO CREATION OF A TRANSFER OF DEVELOPMENT RIGHTS CHAPTER 87 OF THE CODE OF THE TOWN OF SOUTHOLD." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at February 15, 2005 13 Southold Town Board Meeting SUPERVISOR HORTON: We will move on with the agenda. Before everybody departs, if I may, before people depart .... UNIDENTIFIED SPEAKER FROM AUDIENCE: You are not voting on that tonight? SUPERVISOR HORTON: I want to, excuse me, this meeting is still in session, if we could. We are going to reconvene and move on with the printed agenda, starting with our resolutions but I want to make a couple of comments here. There has been a lot of good input here tonight and the legislative process and Melanie, this might even be something you would enjoy hearing, because the legislative process is one of a tremendous amount of work and it is one, you know, Vincent you can say that politicians show up at ribbon cuttings but I don't think there is one insincere politician up on this Board that is in it for a ribbon cutting or a picture in the paper. In fact, there are newspapers in this town that I would just as soon stay away from. Okay? They seem to show up where I am, I can't help that. Point being that, we don't have the entire Town Board here. Councilman Romanelli wasn't here for this evening and I think just on that fact alone makes it very difficult for this Board to vote on this resolution. Just for that fact alone. Aside from the important comment that we heard. I think that you have a member of the Town Board that worked, put countless hours into this legislation, that has a tremendous amount of input on affordable housing and would like to be here to vote on this and I think he would also like the opportunity to review the transcript of the public hearing, to know what is on the public's mind. I want to say in regard to planning, we have in this year, the Town of Southold has preserved 287 acres of farmland, that is not counting what the county has preserved. We are probably closer to 400 acres of preservation, if I am not mistaken, of land this year. We have 9,092 acres of farmland and open space preserved in this Town. And that is good. That is real good. There is not a community on Long Island or New York State or perhaps the entire United States of America that is as versed and committed and skilled in preserving farmland and open space. And we became that way out of necessity and community interest. So our preservation efforts aren't under siege here, we have a community that has many needs and they are grounded in existing homes, they are grounded in their personal lives and the needs that confront this community revolve around making a living, they revolve around having an apartment or having a home that they can live in and the Town Board approach over the past 18 months and even before that when I was on the Board, with the prior administration, put a lot of time and a lot of effort into the planning, careful planning. Are we always on the same page as Vincent LaRocca, no, we are always not on the same page. Do we agree from time to time? Absolutely. If I am always on the same page as every single person in this town, I am doing something wrong. I am probably indictable. Okay? But we plan and we plan carefully and cautiously. We have, you know, there has been comprehensive planning. I remember, Melanie, if I may call you by your first name as we have become quite intimate over the Town Board years here, I remember myself being hesitant to adopt this plan here. The Southold Town Comprehensive Implementation Strategy that Mr. Yakaboski worked very hard on. I remember being up here on this dais and being concerned about adopting this yet because at that point, I hadn't felt that it had been given fair enough review and I remember many people who spoke tonight, yourself included, who said 'adopt this now, adopt five acres zoning now because it has to happen.' That is a quote. Adopt this now, it has to happen. So, are we comprehensively planning? Did we adopt this? We did adopt this and I adopted this on a compromise because I February 15, 2005 Southold Town Board Meeting 14 thought, within this is a lot of good information. We also moved forward to adopt the LWRP. You know, the NFEC, you gave us the patch, okay. Have we adopted that yet? No, you gave it to us, we are going to need time to review it. I mean, in that you are making recommendations for 80-60 but you also make some pretty weighty recommendations in with that. That would affect zoning, that would affect authority of the Zoning Board of Appeals, that would consider a tremendous, that are warranted a tremendous amount of consideration. One thing we haven't stopped doing in the Town of Southold in light of all the planning, all the study, the consensus building, the opposition that has been created on the various subjects, one thing that we have not stopped doing, is we have not stopped preserving land. Ever. Not a year goes by where we are not preserving land. Farmland and open space. Not a year goes by. So we come forward with the sanitary flow credit. Could it apply to AHD? Yes. Anybody who has been in this town for a while knows that an AHD application comes along and it renders quite a bit of scrutiny. And that is why you don't see a whole lot of them come along on regular occasion, on a regular basis. But we took the advice of this document, we took the advice of affordable housing commission in December 2002 and we have pretty much, that pertained to affordable information, and we have adopted just about every recommendation that they made starting with look at existing structures. And I remember at that public hearing, when we moved ahead with the business and hamlet business zoning code, liberate those zoning codes so we could have apartments. I remember the same discussion that night, that I heard here tonight except tonight you are saying do it just in the hamlets. In the B and the HB. So I guess what it comes down to, is we are moving very carefully and we are planning very carefully and we are aggressively preserving farmland and aggressively preserving open space and doing a fine job of it and we won't stop it. This administration won't stop, the next one that comes along, whether it is two years or four years from now, they won't stop preserving farmland, open space. There is a public mandate for that. There is a public mandate. I look forward to reviewing the comments of what was, of tonight's hearing, but in looking at this, the first immediate benefit that would be derived out of this would be in the RO, the B and the HB zones. The first immediate benefit is there. And not to go above and beyond the zoning, the zoning exists for those areas. And because of Health Department regulations, we can't even achieve our zoning. That is the most backward approach to government that you have ever heard of. But that is the reality around this. So, are we comprehensively planning? Yes. We are. There is comprehensive planning under way all the time in the Town of Southold, from one administration to the next. And all of it is grounded in hard, fast information that has been derived through studies, through consensus building, through public outreach, through public meetings and it is all applied and there is in that process, not everybody is going to agree with everything, because the needs of the community are varied and we are sitting up here, working very hard and very carefully and very cautiously, to plan for the multitude of needs that this community has. And those are really the only remarks that I would offer at the conclusion of this public hearing. So, you know, I have enjoyed tonight and heard a lot of important information that I think we can carry with us. An interesting statistic that I think we need to know as a community is that 68.5% of the household incomes in the Town of Southold earn less than $75,000. Combined incomes. About 70% of the community, this community, earns less than $70,000 a year. And 50% of them earn less than $50,000 and that is combined, that is not one earning. That is combined household incomes. Less than $50,000 a year. We are a working class town and we have to understand that because, and I think that one thing that makes it so difficult to understand is that we are an extremely overwhelmingly and beautiful and scenic working class town. And we have to preserve all of February 15, 2005 Southold Town Board Meeting 15 that. Our working class identity and the bucolic nature of this community and I think that we can do that and I think that we are working toward that everyday and I think we are planning in that direction and I think that this Board is making sound decisions and not group hugging, as the Suffolk Times may allude to. This Board is comprehensively planning for the entire community and doing so with a lot of vision and a lot of focus and a lot of information at our hands that we apply judiciously. I wanted to say that in regard to this hearing. Why don't we move on to our resolutions? And I hope that we never get accused of voting things through at 11:00 at night, this is just a function of the public. This is a function of the public, we will not, at least I would not like to vote on that law this evening because we have two members of the Board that are not with us. 55. #55 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 Correction Easement and ancillary docmnents between the Town of Southold and Robert E. and Eleanor C. Webber regarding the Town's purchase of development rights, which closing occurred in June of 2004, due to an error in the legal description of the subject property (SCTM No. 1000-19-1-11.3), subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #56 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Fishers Island Ferry District to advertise for the dry docking of the vessel known as Race Point. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #57 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Bryan D. Grote~ of Waterford~ CT to the position of a part time seasonal deckhand for the Fishers Island Ferry District at a rate of $8.00 per hour. Starting date to be February 3, 2005 ending on or about October 1, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #58 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold grants permission to Recreation Supervisor Ken Reeves to attend the 65th Annual New York State Recreation & Park Society conference to be held from April 10 - 13 at the Hyatt Regency in Rochester, NY, and that the February 15, 2005 Southold Town Board Meeting 16 expenses for meals, lodging, transportation, registration, and seminars be a legal charge to the 2005 budget, line A7020.4.600.200 (Recreation Administration, Meetings & Seminars). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. AMENDED March 1, 2005 by Resolution 93 #59 Moved by Councilman Ross, 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 an agreement with the following individuals for the spring 2005 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 2005 instructor line A7020.4.500.420. Gage Beck-Witt (drawing class) .................................................... $20/hour Sara Bloom (memoir writing) ........................................................... $20/hour Thomas Boucher (guitar) ................................................................. $30/hour Eugenia Cherouski (folk dancing) ................................................... $25/hour Custer Institute (stargazing) ............................................................... $45/person Custer Institute (youth stargazing) .................................................... $30/person Shirley Darling (tennis) ................................................................... $30/class Martha Eagle (Aerobics) .................................................................. $30/hour East End Insurance Services (Defensive Driving) ............................ $30/person Mike Furst (beginner computer) ....................................................... $25/hour Dan Gebbia (dog obedience) .......................................................... $55/dog Carol Giordano (Baton) ................................................................... $25/class Mary Hewitt (creative scrapbooking) .............................................. $22/hour Hidden Lake Farms (Horseback Riding) ......................................... $230/person Riverside Gymnastics (youth gymnastics) ..................................... $60/person Rosemary Martilotta (hatha yoga) ............................................ $55/class Jim Mikelbank (youth basketball) ............................................. $25/hour Laurie Short (aerobics classes) ......................................................... $25/hour Steve Smith (weight training) ............................................................ $25/hour Touch Dancing Studios (ballroom) ..................................................... $48/person US Coast Guard Auxiliary Flotilla 18-8 (GPS) .............................. $25/person SUPERVISOR HORTON: And on #59, it is pertinent to recreation, a couple of Town Board work sessions ago we had a discussion about pooling the resources, the knowledge resources of the school superintendents, PTA presidents, some student council members, town resources, having a meeting to discuss potential, more potential recreational opportunities for children and senior citizens and we thought we would get together and have a review of our existing resources, brainstorm and see what other opportunities we could come up with and we are having that meeting, I believe it is tomorrow at 3:00, if I am not mistaken. So I look forward to that meeting, I think a lot of good ideas are going to come out of it. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. February 15, 2005 17 Southold Town Board Meeting #6O Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle as surplus equipment: 1998 Ford Crown Victoria - VIN 2FAFP71W9WX163098 be it further RESOLVED that the Town Clerk is authorized and directed to advertise for bid in "as is" condition. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #61 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning~ Acquisition~ and Professional Services related to the Town's land preservation efforts within the Pipes Cove area~ and authorizes and directs Supervisor Joshua Horton to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall be for direct travel expenses and for employee time at an hourly rate and shall not exceed $15,000.00, and the contract term shall be from January 1, 2005 December 31, 2005. SUPERVISOR HORTON: Again, this is, I should, I said every year we are preserving land, I think every Town Board agenda has a resolution in some way, shape or form pertaining to land preservation in this community, which is a good thing but we have to strike that balance. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #62 A Moved by Councilman Ross, 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 Clear¥ Consulting to perform a review pursuant to SEQRA of 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", in accordance with their proposal dated February 3, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #62 B Moved by Councilman Wickham, seconded by Councilman Edwards, WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving the creation of Chapter 87 of the Code of the Town of Southold, Transfer of Development Rights; and February 15, 2005 Southold Town Board Meeting 18 WHEREAS, the purpose of the legislation is to provide for the transfer of Sanitary Flow Credits, and thereby the transfer of development potential, from areas designated for preservation to areas designated as more appropriate for higher density residential development. 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 enmnerated in the attached Negative Declaration Fomn. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #63 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town 2004 budget as follows: From: Appropriations: A.6772.1.200.100 To: Appropriations: A.6772.1.100.300 A.6772.1.100.400 A.6772.2.500.400 A.6772.4.100.120 A.6772.4.100.150 A.6772.4.100.200 A.6772.4.100.500 Programs for the Aging Part Time Employees Regular Earnings $ 37,817.20 Programs for the Aging Full Time Employees Vacation Earnings Programs for the Aging Full Time Employees Sick Earnings Programs for the Aging Other Small Tools and Implements Programs for the Aging Contractual Expenses Adult Day Care Supplies Programs for the Aging Contractual Expense Disposables Programs for the Aging Contractual Expense Gasoline & Oil Programs for the Aging Contractual Expense 5,977.16 11,968.62 236.80 68.20 104.96 3,646.75 52.50 February 15, 2005 Southold Town Board Meeting 19 A.6772.4.100.700 A.6772.4.400.675 A.6772.4.400.675 Motor Vehicle Parts/Supplies Programs for the Aging Contractual Expense Food Programs for the Aging Contracted Expense Dishwashing Programs for the Aging Miscellaneous Travel Reimbursement 15,109.99 197.86 454.36 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #64 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Highway Part Town budget as follows: To: Appropriations: DB.5110.1.100.300 DB.5110.1.100.400 DB.5110.4.100.200 From: Appropriations: DB.5110.1.100.100 To: Appropriations: DB.5130.4.100.500 From: Appropriations: DB.5130.1.100.100 To: Appropriations: Personal Services Full Time Employees Vacation Earnings Personal Services Full Time Employees Sick Earnings General Repairs, C.E. Supplies & Materials Fuel/Lubricants Personal Services Full Time Employees Regular Earnings Machinery, C.E. Supplies & Materials Parts & Supplies Personal Services Full Time Employees Regular Earnings $ 7,935.71 15,440.29 1,500.00 $ 24,876.00 $ 20,000.00 $20,000.00 February 15, 2005 Southold Town Board Meeting 20 DB.5140.4.200.100 DB.5140.4.600.300 From: Appropriations: DB.5140.4.100.900 Brush & Weeds/Misc. Utilities Telephone/Cellular Phones Brush & Weeds/Misc., C.E. Miscellaneous Travel $ 271.53 79.00 Brush & Weeds/Misc., C.E. $ 271.53 Supplies & Materials Landscaping Materials DB.5140.4.600.400 Brush & Weeds/Misc., C.E. 79.00 Miscellaneous Postage Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #65 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jean DeLonne to the position of Neighbor Aide at the Nutrition Center, with a salary of $23,250.00 per year, effective February 17, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #66 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Michael L. Hubbard to the full-th-ne position of Custodial Worker I~ to work at the Hmnan Resource Center~ at a salary of $28,352.26 per year, effective February 17, 2005, said salary chargeable to the Buildings and Grounds budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #67 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Peggylee Dzenkowski to the position of a temporary Cook at the Nutrition Center working 40 hours per week, at the rate of $12.57 per hour, effective February 18, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. February 15, 2005 Southold Town Board Meeting 21 #68 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Elaine Milovich as a volunteer at the Hmnan Resource Center 8 hours weekly as needed for the Spring semester. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #69 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bruno Semon~ Senior Site Plan Reviewer and Anthony Trezza~ Senior Planner to attend the New York State Association of Towns Meeting at New York City from February 20-23, 2005 on a day trip only basis. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #7O Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED the that Town Board of the Town of Southold hereby grants permission Secretarial Assistant Linda Randolph to attend a Microsoft Word~ level IV & V training course to be held at Eastern Suffolk BOCES in Holbrook, NY from 12:30 3:30 p.m. on May 2, 4, 9 & 11, 2005. Total cost of two classes $372.00 plus travel reimbursement to be a legal charge to the Planning Board 2005 budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #71 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $0.1500 per gabon over the NorthviBe Reseller Rack Price~ for supplying the Town of Southold with Heating Fuel Oil for the 2005 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #72 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $.1285 per gabon over the NorthviBe Reseller Rack Price~ for supplying the Town of $outhold with Unleaded and Unleaded Plus Gasoline for the 2005 calendar year, all in accordance with the bid specifications. February 15, 2005 Southold Town Board Meeting 22 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #73 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $.1285 per gabon over the NorthviBe Reseller Rack Price~ for supplying the Town of Southold with Diesel Fuel for the 2005 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #74 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the finn of Clear¥ Consulting to conduct a review pursuant to the State Environmental Quality Review Act (SEQRA) of the proposed Local Law entitled "A Local Law in relation to Residential Site Plan Requirements" at a cost not to exceed seven hundred and fifty dollars ($750.00). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #75 Moved by Councilman Edwards, Councilman Wickham, 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 Myrtle Kiefer and Terry Tramontana Falquero for court reporting services for the Justice Court of the Town of Southold for a period of one year at a rate of $250.00 per day, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #76 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Phoenix Manufacturing & Recycling~ Inc. in the amount of $70~310 to provide the Solid Waste District with plastic "Town" garbage bags~ in accordance with bid specifications. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. February 15, 2005 Southold Town Board Meeting 23 #77 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 a lease agreement with Canon Business Solutions-East~ Inc. for two (2) new Canon Image Runner 5020 and one (1) new Canon IR2870 digital copy machines for use at the Town Hall Annex, 54265 Main Road, Southold, New York, at a total cost of $1,276.12 per month for a period of sixty (60) months beginning on the date of delivery, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #78 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the purchase of two (2) light duty trucks, for use by the Highway Department Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #79 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget to cover over-extended appropriation lines as follows: To: A.1010.4.500.200 A.1010.4.600.200 A.8160.4.500.400 A.9730.6.000.000 A.9089.8.000.100 A.9050.8.000.000 Town Board, Fee For Service Labor Relations $11,277.00 Town Board, Misc. Meetings & Seminars 32.30 Refuse & Garbage, Fee For Service DEC Monitoring Expense 9,034.38 Bond Anticipation Notes B.A.N. Principal 20,000.00 Other Employee Benefits Sick Leave Buyout 441.80 Employee Benefits Unemployment Insurance 321.58 From: A.9010.8.000.000 NYS Employees Retirement $ 41,107.06 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #80 February 15, 2005 Southold Town Board Meeting 24 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Wastewater Disposal District budget to cover over-extended appropriation lines as follows: To: SS1.8130.4.100.550 Sewage Treatment, C.E. Equipment Parts/Supplies $ 749.50 SS1.8130.4.200.200 Sewage Treatment, C.E. Light & Power 2,020.28 SS1.8130.4.200.200 Sewage Treatment, C.E. Water 220.41 SS1.8130.4.400.800 Sewage Treatment, C.S. Sludge Removal 11,017.48 SS1.9710.7.000.000 Serial Bonds Serial Bonds, Interest 2,000.00 From: SS1.8130.4.500.900 Sewage Treatment, C.E. Unallocated $16,007.67 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #81 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Fishers Island Sewer District budget to cover an over-expended appropriation line as follows: To: SS2.1440.4.000.000 From: SS2.8160.4.000.000 Fishers Island Sewer Dist., C.E. Engineer, C.E. $1,985.00 Refuse & Garbage, C.E. Refuse & Garbage, C.E. $1,985.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #82 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund ~Vhole Town Budget as follows: From: A.1620.4.400.100 To: A.1620.1.100.200 A.1620.4.100.200 Contracted Services - Building Maintenance & Repairs Overtime Earnings $35,733.97 Gas & Oil 3,748.64 $92,696.88 February 15, 2005 Southold Town Board Meeting 25 A. 1620.4.200.200 A. 1620.4.200.300 A. 1620.4.400.700 A.1620.4.400.800 A.1620.4.500.400 A. 1620.4.600.700 Light & Power Gas Building Rental Equipment Rental Architects Licenses & Permits 27,008.18 11,070.49 4,756.60 1,058.00 8,800.00 521.00 $92,696.88 #83 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a Contract between the Town of Southold Police Department and Property Bureau~ Inc. regarding online auctioning services for a period of two years commencing on March 1, 2005, subject to the approval of the Town Attorney. COUNCILMAN WICKHAM: Do we know how much that will cost? SUPERVISOR HORTON: I am sorry, what was that? COUNCILMAN WICKHAM: This contract, with the police, for online auctioning? TOWN ATTORNEY FINNEGAN: It is a percentage. SUPERVISOR HORTON: Yes, it is a percentage of what is auctioned. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #84 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign Traffic Signal Agreements between the County of Suffolk and the Town of Southold for the installation and maintenance of traffic signals at CR 48, Middle Road @ Youngs Avenue, Southold and CR 48, Middle Road @ Peconic Lane, Peconic, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #85 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town Budget to cover an over-extended appropriation line as follows: To: A.1110.4.200.100 From: A.1110.4.400.500 Justices, C.E., Utilities Telephone-DMV & Crimenet $1,514.30 Justices, C.E., C.S. Parking Ticket Servicing $1,514.30 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. February 15, 2005 26 Southold Town Board Meeting #86 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated February 9~ 2005 regarding a town employee. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #87 Moved by Councilman Edwards, 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 Cleary Consulting to provide professional planning services in regard to a Hamlet Revitalization Study on Fishers Island, at a cost not to exceed $7500.00, per their proposal. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #88 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the installation of street lights on Willow Drive in Greenport, and further authorizes and directs the Department of Public Works to obtain and install such lighting. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #89 Moved by Councilman Wickham, seconded by Councilman Edwards, WHEREAS, the United States Coast Guard has proposed the nomination of the Race Rock Light Station, located ofl~hore of Fishers Island in the Town of Southold, as a historic property for listing in the National Register of Historic Places; and WHEREAS, the Race Rock Light Station has been an important aid to navigation in the Long Island Sound Region since its initial lighting in 1879; and WHEREAS, the Race Rock Light Station embodies the distinctive characteristics and qualities that enhance its historical and architectural significance as a lighthouse from the 1870s; and WHEREAS, the Town Board of the Town of Southold officially recognizes the cultural and architectural significance that historic lighthouses play in the Town's identity and heritage; IT IS HEREBY RESOLVED that the Town Board of the Town of Southold fully supports the nomination of the Race Rock Light Station for listing in the National Re~ister of Historic Places. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #90 February 15, 2005 Southold Town Board Meeting 27 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS, a formal proposal has been presented by Broadwater Energy to site an off-load terminal and floating storage re-gasification unit for liquid natural gas in the Long Island Sound; and WHEREAS, numerous Long Island residents, civic associations, elected officials, and Town governments have voiced concern for and/or opposition to the proposed project; IT IS HEREBY RESOLVED that the Town Board of the Town of Southold is opposed to the establishment and siting of a liquid natural gas off-load terminal and floating facility in the Long Island Sound, inasmuch as: (a) the proposed project imposes severe and insurmountable environmental, safety and security risks to the residents of the Town of Southold; (b) the project is proposed in the face of a decrease in federal funding for the preservation and cleanup of the Long Island Sound; (c) the project is proposed in the absence of a comprehensive and sensible energy policy for this region; (d) the project would provide no benefit to the residents of the Town of Southold or the East End of Long Island, while subjecting them to undue risk; and (e) the project is not in the best interests of the residents of the Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #91 Moved by Councilman Ross, seconded by Councilman Wickham, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 15th day of February, 2005, a Local Law entitled "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold New York on the 1st day of March~ 2005 at 5:00 p.m, at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", reads as follows: Local Law No. of 2005 Purpose- The purpose of this Local Law is to establish a penalty for an offense under this Chapter, thereby encouraging compliance and strengthening enforcement. II.Code Amemhnent. Chapter 80 "Sidewalks" of the Southold Town Code is hereby amended as follows: § 80-3. Penalties for Offenses. Any person violatin~ any of the provisions of this chapter shall be ~uilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceedin~ $250 for each offense. Each day's continued violation shall constitute a separate additional offense or violation. III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. February 15, 2005 Southold Town Board Meeting 28 IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #92 HELD SUPERVISOR HORTON: We will hold resolution #92 in lieu of tremendous public input, necessitating an opportunity to review the transcript and that we don't have the full voting body of the legislature and I think we should have that on voting on any law, particularly a law of this magnitude. Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 11:16 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk