Loading...
HomeMy WebLinkAboutTB-03/29/2005SOUTHOLD TOWN BOARD REGULAR MEETING March 29, 2005 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, March 29, 2005 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Assistant Town Attorney Kieran Corcoran SUPERVISOR HORTON: Welcome to the March 29th public Town Board meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. We have public notices, reports and communications available for the public's review at the Town Clerk's office, which is open Monday through Friday, 8:00 A.M. through 4:00 P.M. Over the course of the evening or the course of the meeting, there are several times for the public to address the Town Board, first being prior to the reading and voting on any of the resolutions that are on our agenda this evening. The public has the opportunity and the right to address the Town Board on specific resolutions as well, we will break for a public hearing at some point over the course of the meeting and the public again is welcome to address the Town Board on that specific public hearing. And prior to adjourning from this meeting, we off'er the public the opportunity to address the Town Board on general town business or issues they may have. With that being said, I do have two pieces of communications that came across my desk and when I do get communications regarding town operations, I try to bring them to the meeting and read them for the sake of the Town Board, as well as for the public. The first is signed by John Healy, who March 29, 2005 2 Southold Town Board Meeting is the Commander of Group Moriches, United States Coast Guard and co-signed by Harold Jansen, Deputy Inspector, Commanding Officer Marine Bureau, Suffolk County Police Department. "Dear Supervisor Horton, The Suffolk County Police Marine Bureau and Coast Guard Group Moriches take great pleasure in commending Southold Town for their enthusiastic participation in Operation SAVE Suffolk Aggressive Vessel Enforcement during the 2004 boating season. Operation SAVE is an enforcement and educational initiative, conceived and implemented as a means of reversing the upward trend in serious boating accidents in Suffolk County. Under the leadership of the Suffolk Marine Bureau and the United States Coast Guard, Group Moriches, seventeen maritime law enforcement agencies joined together in conducting three separate large-scale maritime law enforcement operations in Suffolk County waterways and much of that took place out on the east end. And this is a letter that concludes saying, "we greatly appreciate the Town's commitment in promoting boating safety and look forward to participation in Operation SAVE 2005." The next letter hails from Fishers Island from a gentleman named Bruce Hubert and this is addressed to Pete Harris and myself. "The Waste Management District would like to extend our thanks to the Highway Department on Fishers Island that performed wondrously this winter. Each snowfall, they were kind enough to clear the way for customers and employees at each of the three facilities we have. We appreciate the work your men have done." And that same appreciation has been extended to the Highway Department over the past several snow storms and much well-deserved. Moving forward, we do ask that when you address the Town Board, you do so from one of the two microphones located at the front of the room and state your name and place of address, place of residence clearly into the record so that it will be part of our public record. And we should move forward with the approval of the audit. 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 $132,011.99; General Fund Part Town bills in the amount of $9,123.89; Community Development Fund bills in the amount of $41,139.00; Risk Retention Fund bills in the amount of $1,210.55; Highway Fund Part Town bills in the amount of $40,311.04; Capital Projects Account bills in the amount of $92,000.00; Community Preservation Fund (2% tax) bills in the amount of $2,621.71; Waterway Improvement Program bills in the amount of $30,674.87; New London Terminal Project bills in the amount of $4,765.72; Transfer Station Expansion bills in the amount of $68,211.32; Fishers Island Ferry District bills in the amount of $31,140.46; Refuse & Garbage District bills in the amount of $98,735.54; Southold Wastewater District bills in the amount of $1,272.29; Fishers Island Sewer District bills in the amount of $1,185.75; Southold Agency & Trust bills in the amount of $14,247.40 and Fishers Island Ferry District Agency & Trust bills in the amount of $49.22. 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 Wickham, it was RESOLVED that the minutes of the March 15, 2005 Southold Town Board Meeting be and hereby are ordered approved. 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 Edwards, it was March 29, 2005 3 Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held Tuesday, April 12, 2005 at 7:30 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. REPORTS 1. Board of Town Trustees February 2005 2. Southold Town Justice Court, Price February 2005 3. Southold Town Justice Court, Evans February 2005 II. PUBLIC NOTICES 1. Southold Town Highway Department Public Notice of 2005 Spring Leaf and Brush Cleanup. 2. Department of Army, NY District Corps of Engineers, request of James Sweeney to install a pier assembly in Corey Creek, Little Peconic Bay, Town of Southold. Comments by April 11, 2005. 3. Department of the Army, NY District Corp of Engineers, request of Michael Ferber to construct a pier extension in Gull Pond, Greenport Harbor, Gardiners Bay, Village of Greenport, Town of Southold. Comments by April 12, 2005. SUPERVISOR HORTON: That brings us to our resolutions. Would anybody on the Board care to, excuse me, would anybody in the public care to address the Board on the printed resolutions? Yes, Mr. Yakaboski. GREG YAKABOSKI: Good evening. Greg Yakaboski, Southold. The first and I apologize, I probably should have mentioned this earlier before you did the minutes, the last meeting resolutions, respectfully ask the Board to reconsider that they re-vote on all the last meeting resolutions. The reasons for that, at the March 15th meeting, was it was posted as a 7:30 meeting, I understand it got moved up earlier to a 4:30 meeting. If my understanding is correct, it was still posted on the website as a 7:30 meeting. I was here to address some of the things on the agenda at 7:30, unfortunately, nobody was here to greet me. So that is just one request. Second, and this is going to hit a theme I am going to touch on later, after the resolutions, which is the decision making process of the Board and sharing information with the community. I make a suggestion to the Board, respectful suggestion, that perhaps it would be prudent to have a full copy of the resolutions, not just the agenda, but the full text of the resolutions, maybe a master copy, placed out in the hallway prior to. I think it is excellent that the Board offers the public a chance and the community a chance to comment on the resolutions prior to the voting, however, the public does not have the full text of the resolutions to preview prior. To make comments. It is kind of tough to make comments on things you haven't seen. So that is the suggestion, be a master copy in the lobby. Another suggestion, again, to help the public understand, the members of the community understand where the rationale for the decisions come from, would be to have the work sessions taped. They might be taped right now on cable, I don't believe they are. I think there is enough room on the cable that was worked out in the cable agreement for that coverage. Again, that is where a great amount of work goes on with the Town Board and the public could see the give and play, give and push, what goes on. Resolution 159 regarding setting a local law on the height of buildings of residential structures, again, going back to the same theme you are going to hear again March 29, 2005 4 Southold Town Board Meeting tonight about providing factual information to the community members. The decision making process is a simple process, you look at your problem... SUPERVISOR HORTON: What about the resolution do you want to address, Mr. Yakaboski? MR. YAKABOSKI: That is what I am going to get to, Josh, just a little leeway for two seconds. The decision making process is a simple process, you look at the question, the problem you are trying to solve, you gather your information, you look at your choices, you make a decision. Right now, what is going up for public hearing is a local law. I think it would be helpful, again for the community, to perhaps present a fact sheet. You guys have highly qualified planners and planning stafl~ legal staff and your own thoughts on questions that might come up on a local law in regard to height of public, of building residential structures or any such local law. To simply hold it off two weeks, present the fact sheet out to the public, even on the website, to allow people to look at that prior to putting things on for a local law, I think would be helpful. Again, to a solid decision making process. Resolution 165, I just ask what that is regarding? SUPERVISOR HORTON: This is a, just as it says, a municipal cooperation agreement with the Village of Greenport whereby the Town will fund up to $100,000 of improvements to Mitchell Park. MR. YAKABOSKI: I was just wondering why the Town would be funding, again I am not assuming anything devious on the Board's part, I am just curious why would the Town reimburse the Village. Usually the Village and the Town don't reimburse unless there is some kind of mutual .... SUPERVISOR HORTON: We felt very strongly and I think this was widely covered in the newspapers as well and also, our rationale was for public viewing on Channel 22 on this back in December when we made this decision but essentially it was the Board's feeling that Mitchell Park is a park that is used by residents throughout Southold Town and it's a facility that has benefited the Town of Southold, not just the Village of Greenport but the Town of Southold and we felt inclined to assist in the final stages of that project. MR. YAKABOSKI: Okay. And the Village made the request? SUPERVISOR HORTON: No, we made the off'er. MR. YAKABOSKI: Thank you for your time. SUPERVISOR HORTON: Thank you, Mr. Yakaboski. Would anybody else care to address the Board on the resolutions? Yes. TOM SKABRY: Tom Skabry. I am the vice-president of the local unit of CSEA who represents the workers of Southold. Mr. Yakaboski, I have to agree one hundred fold with what you are saying about the improvements, I hope the Town Board will seriously take under consideration as far as publicizing the method in which the Town Board does make its decisions. Because I would like to comment in particular on two resolutions. The first resolution would be resolution 184, increases the salaries for the managerial and/or confidential employees. These are people who are technically removed from the March 29, 2005 5 Southold Town Board Meeting union and once again, it appears that the Town Board has taken bias against the hard-working backbone of the Town. SUPERVISOR HORTON: Actually, Mr., appreciate that comment. The, you are correct that these are the, I believe eleven people that were, through a state PERB hearing with CSEA and the Town, that have come out of the bargaining unit, that is correct. These people are receiving salaries reflective of what was offered in the July contract that was not successful in ratification. That's what that is with these folks. So they, they will be getting the raises that would have been reflected, that were reflected in the July settlement agreement or the July, yeah, settlement agreement. MR. SKABRY: Okay. Thank you. SUPERVISOR HORTON: Yes, sir. MR. SKABRY: That is information that I didn't have and I thank you for bringing that forward. The amendment to the administrative handbook to include all the managerial or confidential employees, resolution 185. Is this just a clarification to make sure that everybody is covered in the handbook? SUPERVISOR HORTON: That is correct. MR. SKABRY: Alright. Thank you. SUPERVISOR HORTON: Indeed. And thank you for the questions. Mr. Swiskey? WILLIAM SWISKEY: William Swiskey, 184 Fifth Street, Greenport. There are just a couple of things on here that I was looking at. We are making a modifications to the general fund budget basically because we didn't put enough in resolution 160 for labor counsel. Do you know, Josh, what the .... SUPERVISOR HORTON: Hang on, let me get to 160. Okay. MR. SWISKEY: .... what the appropriation was in the general fund budget for that line item at the beginning of the year? SUPERVISOR HORTON: This is a modification to the 2004 budget, so it is actually... MR. SWISKEY: It is money you spent already, then? Basically because... SUPERVISOR HORTON: Money that was appropriated in the 2004 budget, yes. It is to, it is going to labor relations from a series of lines. From Town Board code updates, printing, medical consultants and legal notices. MR. SWISKEY: How much is the total amount? Because that is usually posted on the resolution, too. SUPERVISOR HORTON: It is a $13,200 modification. It is not money that was outside the budget. March 29, 2005 6 Southold Town Board Meeting MR. SWISKEY: Yeah, I realize that. But this is money basically you are giving to Richard Zuckerman, basically for labor problems for last year. That is a lot of money. SUPERVISOR HORTON: It also could be related to a number of.... MR. SWISKEY: Grievances? Yeah, I understand what it is but usually when you do a posting like this, you have the amounts and you have the accounts it is going to and the accounts it is going to. Now, this man over here made a comment, you changed the time of this meeting, did you post an official notification or did you call a special meeting? SUPERVISOR HORTON: No, I did not call a special meeting. MR. SWISKEY: That may be on the cusp of not being a legal meeting. SUPERVISOR HORTON: Bill, I believe actually... COUNCILMAN ROMANELLI: It was set prior. SUPERVISOR HORTON: The meeting was set two weeks in advance for that time. MR. SWISKEY: For that time, oh, alright. SUPERVISOR HORTON: And publicly noticed. MR. SWISKEY: Then public notice was put out there, alright. SUPERVISOR HORTON: It is certainly our responsibility to make that change on the website. If that was not done, I will take responsibility for that. MR. SWISKEY: Well, that is not the official notice. SUPERVISOR HORTON: But it is still a vehicle for information and I should have had that corrected and ifI did not, I apologize to Mr. Yakaboski. MR. SWISKEY: You have got two authorizations here basically for the scavenger waste because that is the wastewater district, right? SUPERVISOR HORTON: Which resolution are you referring to? MR. SWISKEY: That would be 180 and 181. SUPERVISOR HORTON: 180, yes, is modifying the 2004 Southold wastewater district. Yeah, the scavenger waste district. It is for fee for service for engineering fees related to the closure of that plant. And the future decommissioning. MR. SWISKEY: What is the total, I mean,. .... March 29, 2005 7 Southold Town Board Meeting SUPERVISOR HORTON: That is a $6,000 appropriation, from within that budget. MR. SWISKEY: That includes both of them? SUPERVISOR HORTON: That is 180. And the 181 is for $1,600. MR. SWISKEY: Alright. Because the place has been closed for a long time. SUPERVISOR HORTON: We closed it January 1st. And it is the Board's intention to have it, well, to have it properly decommissioned in accordance with the lease with the Village. MR. SWISKEY: Yeah. It is just, alright, thank you. I will have more to say later. SUPERVISOR HORTON: Alright, thank you, Mr. Swiskey. Mrs. Egan, I believe you had your hand up. JOAN EGAN: Joan Egan, East Marion. Good afternoon, everybody. Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Mrs. Evans, Mr. Wickham, Mrs. Neville and don't I see Mrs. Finnegan, who should be up there or are we playing musical chairs? SUPERVISOR HORTON: Mrs. Finnegan has a conference to attend tonight, so she is here in the audience for a portion of the meeting and will be departing early and Mr. Corcoran is joining us this evening. MS. EGAN: I see. Well, she could be up there for part of it. SUPERVISOR HORTON: You never liked when our Town Attorney would get up in the middle of the meeting and walk out of the room and come back. MS. EGAN: Seen it done before. SUPERVISOR HORTON: Yes. MS. EGAN: Item number one, seen him come in late, also. Item number one, are you going to be picking the leaves up in the various town places like out in East Marion on Cedar Lane? SUPERVISOR HORTON: I am sorry, I don't follow your question. MS. EGAN: The public notice of spring leaf and brush clean-up. Are you going to, as we pick them up and gather them correctly, are you going to be picking them up? SUPERVISOR HORTON: Yes, that is correct. MS. EGAN: Up until when? March 29, 2005 8 Southold Town Board Meeting SUPERVISOR HORTON: Well, this is an authorization to accept residential leaves and brush at the Transfer Station... MS. EGAN: The dump. SUPERVISOR HORTON: ... free of charge from April 2nd to May 1st, in connection with the 2005 Spring clean-up. So that, the dates that you asked are April 2nd to May 1st. MS. EGAN: And have you had the Board of Health check the compost pile for odors up there? SUPERVISOR HORTON: That is regulated by the ..... MS. EGAN: There have been complaints from people... SUPERVISOR HORTON: That is regulated by the state DEC and yes, they frequently monitor the operation. MS. EGAN: Well, let's see it's done because people will be up there quite a bit. Is your head falling ofl} Mr. Romanelli? Now, 138. Your chin or your head? SUPERVISOR HORTON: Mrs. Egan. COUNCILMAN ROMANELLI: Is it possible for you to be polite up there or do you constantly every week have to be rude? MS. EGAN: I am not being rude, I just don't like seeing people with their heads .... COUNCILMAN ROMANELLI: I don't really care what you like to see. SUPERVISOR HORTON: Councilman Romanelli, I will... COUNCILMAN ROMANELLI: Alright. I am not concerned what you like to see. SUPERVISOR HORTON: I will take this from here. Mrs. Egan, 138 you are asking about. It is modifying, it is closing the books on the 2004 budget. And this is an appropriation for environmental consultants and I believe it is specific to .... MS. EGAN: It is down further at the .... SUPERVISOR HORTON: Yeah, this is actually taking monies from a state grant and applying it to the appropriate line that where the grant was made use of. MS. EGAN: Now, these environmental consultants, they are from Southold? SUPERVISOR HORTON: I believe these environmental consultants were Comell Cooperative Extension. March 29, 2005 9 Southold Town Board Meeting MS. EGAN: Good. SUPERVISOR HORTON: Riverhead. MS. EGAN: Well, 139 is about the same? SUPERVISOR HORTON: Yes. MS. EGAN: Good. Ah, yes. Now, we are all going up to Hampton Bays. Now, I would strongly suggest when these people go up there .... SUPERVISOR HORTON: Which resolution Mrs. Egan? MS. EGAN: I am sorry, 141, that anybody from Town Hall who leaves, to go up there, I would presume it is necessary that they their secretaries and their staff plenty of work to do, so they don't play hooky. SUPERVISOR HORTON: None of you play hooky. MS. EGAN: Well, you know what I mean. Disappear, long lunches... SUPERVISOR HORTON: You can accuse us of playing hooky but not the people who work for the Town. MS. EGAN: Uh uh. Uh uh. Uh uh. You are up here, I am all around. SUPERVISOR HORTON: I'll say. MS. EGAN: Now, what is 1437 SUPERVISOR HORTON: Resolution 143, authorizing and directs the Town Attorney to authorize Williams, Charles and Scott collection agency to retain and institute to collect money from Artco Drainage Corporation, which is something that we have been trying to do for quite some time now. MS. EGAN: Now, Meyers, Saxon and Cole is a law finn .... SUPERVISOR HORTON: Neither of these two institutions is within the Town. MS. EGAN: Great. We never hire anybody in Southold and you wonder why .... SUPERVISOR HORTON: If there was a collection agency in Southold, we would use them. A legal collection agency. MS. EGAN: Now, 144, we are getting new vehicles? For the police department? March 29, 2005 10 Southold Town Board Meeting SUPERVISOR HORTON: 144 is insurance recoveries from an accident to replace a vehicle, yes. MS. EGAN: Good. Tell them to drive a little bit more carefully. SUPERVISOR HORTON: Actually, tell the deer to stay off the road. MS. EGAN: Don't get flip with me, dear. SUPERVISOR HORTON: Okay, alright. I am allowed one flip remark a meeting to Mrs. Egan. MS. EGAN: You never win. SUPERVISOR HORTON: This I know. This I know. MS. EGAN: Now the 145, you are going to inoculate for what? SUPERVISOR HORTON: This is required of the police department. Certain inoculations, so they are protected in doing their job. MS. EGAN: Are all town employees? SUPERVISOR HORTON: I believe this is specific, we are specifically ordered, I want to say by PERB but PERB may not have been the state organization but a state organization did direct us to provide those inoculations for the police department, in the instance that they come in contact with another person, I believe they are for hepatitis B shots, ifI am not mistaken. MS. EGAN: And you as the police commissioner, do you get a free shot, too? SUPERVISOR HORTON: No. But I have all my shots from when I was in the service. MS. EGAN: Good. SUPERVISOR HORTON: But I tend not to come into that type of contact. MS. EGAN: Oh. 146. Now, I don't know whether this can be changed. The bicycle route... SUPERVISOR HORTON: This is not specific to the bicycle route, this is an event that is being held on June 5th. MS. EGAN: I am fully aware of the reading but I would like to ask and try not to take too long. It is the same with the animals, as the same with the bikes. The animals don't hear the cars and that is why we have such slander of animals on the road but the bicycle routes are, go with the traffic. The bicycle people don't hear the cars. Now, who sets the route for the bicycle route? SUPERVISOR HORTON: Mrs. Egan, essentially if one wants to ride on the side of the road, they have every right to do so. March 29, 2005 11 Southold Town Board Meeting MS. EGAN: I understand that but it does say bicycle route and people think .... SUPERVISOR HORTON: That is, New York State DOT has .... MS. EGAN: The DOT, the department of trash. SUPERVISOR HORTON: ... throughout the whole state. MS. EGAN: So I would have to go through them to get that changed? That would take about ten years. SUPERVISOR HORTON: You would be moving quickly if that was all it takes. MS. EGAN: Ohh, yes, now 148, that is the dump, right? SUPERVISOR HORTON: Solid waste district, yes it is. MS. EGAN: Yeah, well, too much money being spent up there and of course, there are a number of lawsuits against them. SUPERVISOR HORTON: That is not a true statement but I appreciate your point about money being spent. Are there other resolutions? MS. EGAN: 149, where is Bolton's Landing. You are sending Mr. Bunchuck .... SUPERVISOR HORTON: Bolton's Landing is in upstate New York. MS. EGAN: And we have to spend that money, that can't be done by e-mail, correspondence, telephone calls? SUPERVISOR HORTON: No, I believe that Mr. Bunchuck is also being nominated as the head of the Solid Waste organization that he belongs to and this conference is in association with that. MS. EGAN: Well, that is great that they get these .... SUPERVISOR HORTON: And they also generally bring back, any employee who goes to a conference or a training seminar brings back something that is tangibly useful to the Town. MS. EGAN: Not necessarily. Your little jaunt in January or February didn't bring much back. SUPERVISOR HORTON: I am not running, am I? MS. EGAN: This 152, you came back sick, 152. SUPERVISOR HORTON: Yes. March 29, 2005 12 Southold Town Board Meeting MS. EGAN: Mrs. Finnegan is going away again. That is a one day seminar? SUPERVISOR HORTON: It is on Long Island, that is correct. MS. EGAN: Oh, we have more change of help at the Nutrition center. Got problems there. SUPERVISOR HORTON: Okay. MS. EGAN: I have mentioned it any number of times. SUPERVISOR HORTON: Are there any other resolutions? MS. EGAN: 153. Excuse me, 153. SUPERVISOR HORTON: You just addressed that one. MS. EGAN: You have another temporary help. Now, I don't go to the Nutrition center but I know that a lot of people do and they do like to have the same cook and see the same faces. SUPERVISOR HORTON: Okay. MS. EGAN: Got a problem there, you have always had a problem there. Now, what is 1547 SUPERVISOR HORTON: 154 authorizes an unpaid family leave of absence under FMLA to a town employee. MS. EGAN: Yup. SUPERVISOR HORTON: Okay? This is in relation to a leave of absence. MS. EGAN: Yeah. SUPERVISOR HORTON: That is what it is. I mean, it is a .... MS. EGAN: Oh, a leave without getting paid. Oh, that is marvelous. SUPERVISOR HORTON: Well, she has requested an unpaid maternity leave under the FMLA. MS. EGAN: Now, 156 is, you need another part-time position, a clerk-typist in the Zoning Board of Appeals? SUPERVISOR HORTON: 156 you said? Mrs. Martin has been with us for a number of months now, we have found her to be extremely effective and a great fit into the organization and we are appointing her to a part-time position there. March 29, 2005 13 Southold Town Board Meeting MS. EGAN: Now, 160. I see a lot of labor here, who this town really couldn't function without any of these, without these wonderful people, who you have a contract I don't believe you have signed. I hope they don't walk out on you. 156. What was the one I wanted? SUPERVISOR HORTON: That was 160. MS. EGAN: I lost my place. SUPERVISOR HORTON: I think you are at uh .... I think you are at 187. MS. EGAN: So you wish. Do you want me to stop for your five and come back and finish this? SUPERVISOR HORTON: If you have resolutions that need to be addressed... MS. EGAN: Oh, I have quite a few. SUPERVISOR HORTON: Okay, then this is the forum to do that. MS. EGAN: Alright. Well, I think these regulations, like for 159, they will never be resolved. Your labor relations, that is where I was, 160. Environmental consulting, didn't we address that before? SUPERVISOR HORTON: Yes. MS. EGAN: 162. So you have become rather redundant. Now, Cleary Consulting, 164. They are not from Greenport, either and I think you told me that the man lived in Southold. SUPERVISOR HORTON: They are actually from Northport, I believe. MS. EGAN: Yeah. But not in Southold. SUPERVISOR HORTON: That is correct. MS. EGAN: Great. Oh, why are we giving Greenport all that money? 165. SUPERVISOR HORTON: Greenport is very much a part of Southold Town... MS. EGAN: I didn't say it wasn't. SUPERVISOR HORTON: Well, you asked a question and I am trying to answer it. and we feel very strongly that Mitchell Park is part of the fabric of the Town of Southold, not just Greenport Village and there probably aren't many people in this room here tonight that haven't enjoyed Mitchell Park, so the Town is making a contribution to assist with the completion of that project. MS. EGAN: Well, I can agree with you to a certain extent, I really don't think they have gotten out all of the gasoline and the oil from that property. The Grumman thing that they got, the merry-go-round, it is in terrible condition and the ice skating thing that... March 29, 2005 14 Southold Town Board Meeting SUPERVISOR HORTON: I think they meet on Thursday's, actually. MS. EGAN: ... what is going to happen with that in the summer. And there is no place to park, there is no place to park. Within the next six weeks, forget it in Greenport. They park anyplace, it is awful. Those poor town people in Greenport have lost an absolute fortune because of the terrible parking. Now, 163, you said it would take an act of Congress to change that word 'aging' correct? SUPERVISOR HORTON: That is correct. MS. EGAN: Overtime earnings, why do we need overtime earnings? SUPERVISOR HORTON: What resolution are you on, Mrs. Egan? COUNCILMAN ROMANELLI: 163. SUPERVISOR HORTON: So you moved backwards, alright. MS. EGAN: 163. Why overtime there? SUPERVISOR HORTON: Your question is why is there overtime there? MS. EGAN: Yeah. SUPERVISOR HORTON: Because people worked overtime. MS. EGAN: God bless you. And again. TOWN CLERK NEVILLE: Thank you. MS. EGAN: Well, there shouldn't be overtime there. There should be no reason, we are always hiring so many people. There should be no overtime. Overtime gets more money. SUPERVISOR HORTON: Okay. MS. EGAN: Well, oh, who gets sick leave? SUPERVISOR HORTON: What resolution are you on, Mrs. Egan? MS. EGAN: 175. SUPERVISOR HORTON: Okay. MS. EGAN: You should have these memorized, Mr. Horton. March 29, 2005 15 Southold Town Board Meeting SUPERVISOR HORTON: I am sorry, your question is? This resolution is a budget modification, again in closing the 2004 books, transferring money from New York State retirement to personal sick earnings. MS. EGAN: Who is entitled to sick leave? SUPERVISOR HORTON: Most people who work for the Town, in some way, shape or form. MS. EGAN: Are these union people covered for sick leave? SUPERVISOR HORTON: Yes. MS. EGAN: Good. Oh, 177, you direct the Town Clerk to advertise and I do hope that you are advertising the in both the Suffolk Times and the Traveler. Now, you are asking for a detention attendants, so you are going to need more than one. You will need a male and a female. Correct? SUPERVISOR HORTON: This is advertising for attendants. So, yes, we are required to have both male and female attendants. MS. EGAN: Good. SUPERVISOR HORTON: This particular one is for a matron, for a female. MS. EGAN: Now, 182. SUPERVISOR HORTON: Yes. MS. EGAN: Now, road treatment items ..... SUPERVISOR HORTON: Mmmhmm. Those would be .... MS. EGAN: .... to do the roads all over again, they are in such bad shape. SUPERVISOR HORTON: The road treatment items that are on this are oil and sand, oil and stone, liquid asphalt, sand mix type 6 top, RC-250 liquid asphalt, oil and recycled stone, type 2 micro surfacing, nova chip ultra thin servicing course and if you have any questions about that, there are several people in this room, I am sure, who could explain that to you in detail after the meeting. MS. EGAN: Oh, no, no, no, no, no. I think that there should be a definite coordination... SUPERVISOR HORTON: I... MS. EGAN: .... excuse me. Coordination before you spend any money or do anything on those roads. SUPERVISOR HORTON: Mrs. Egan, are there other resolutions? March 29, 2005 16 Southold Town Board Meeting MS. EGAN: The weather pattern has stabilized and the DOT isn't going to rip up what you put down. SUPERVISOR HORTON: The DOT does not conduct re-surfacing operations or work for that matter on Town roads. MS. EGAN: They don't. SUPERVISOR HORTON: And the roadwork will start in the warmer months. Post snow season. MS. EGAN: Well, let's try to conserve some money, Mr. Horton. I know you are on the way out and Mr. Romanelli is but the rest of us .... SUPERVISOR HORTON: That does not remove us from our responsibility today or the impacts our decisions will have in years from now. Thank you, Mrs. Egan. Do you have resolutions you would like to address? Certainly, Mr. Yakaboski. MR. YAKABOSKI: Appreciate the second chance. On 158 and 159, which is the two local laws regarding size, heights and setbacks and the height of buildings of residential structures... SUPERVISOR HORTON: Yes. Those two laws were or will be obviously published and also posted on the website. MR. YAKABOSKI: Again, though, I just kind of go back to that, I think it would be, I kind of go back to the TDR legislation which was put on about six weeks ago now, there is a local law on it. A lot of people were here that night, a lot of people take time out, friends, family, work to come in, hear those things, I think it would just be helpful to have a fact sheet out in advance to answer some questions, in addition, something that was done on the Route 48 re-zonings is, these two laws are going to impact a tremendous number of property owners .... SUPERVISOR HORTON: I think you were largely instrumental in writing these laws, am I not mistaken? MR. YAKABOSKI: Mistaken. SUPERVISOR HORTON: No, I am not mistaken. These are the laws that you and Lydia and Mike were involved in writing these laws and they have been slightly changed a little bit but yeah... MR. YAKABOSKI: (Inaudible) SUPERVISOR HORTON: .... might be a bad memory but ..... MR. YAKABOSKI: No. No. COUNCILMAN WICKHAM: The whole purpose of scheduling a public hearing is to get this out in the public domain. To list it as a legal in all of the newspapers, to put it on the website, to get it out March 29, 2005 17 Southold Town Board Meeting there for everybody to see and to comment on and to come back for. of this is. That is what the whole purpose MR. YAKABOSKI: Tom, and again, I think it is an excellent idea, again, just perhaps for efficiency, even that night if you have a fact sheet available when people come in, just to answer and again, notice, Jimmy Dinizio is one person who always came up to this podium and talked about notice. This is going to affect a tremendous number of properly owners in this town and it might be helpful just to put out some notice, maybe in the mail to everybody or a postcard. COUNCILMAN WICKHAM: I just need to correct the impression that this is just going to become a law. What we are doing is putting this out for public hearing, for a discussion. To get it out into the public domain, not as if we are about to enact a law that is going to affect lots and lots of people. SUPERVISOR HORTON: And to receive feedback. COUNCILMAN ROMANELLI: We might enact a law when it is over. MR. YAKABOSKI: Correct. And again, thank you, Tom. I understand, I am just suggesting a slightly different process, you are absolutely, technically correct. SUPERVISOR HORTON: I just want to draw back on legal advice you offered to us... MR. YAKABOSKI: I didn't think you listened that much, Josh. SUPERVISOR HORTON: Oh, I listened closely. I remember when Mr. Dinizio and this is an interesting point, the roles are always shifting but I recall Mr. Dinizio would make those points. When I would speak to you about it, your comment was, it is not a good idea to do that and it is not practical. So, I would like to hear from you perhaps one on one, as to the, you know, how your position on that changed a little bit. It probably would be helpful to me. MR. YAKABOSKI: I don't think the position changed, I think the legal advice that you got, that legally you are technically correct in not sending notice to everybody. It is permissible, just as was done with Route 48, to send out to all affected properly owners. What a lot of municipalities do is, they will send the legal notice, strictly by the book and then they will send the courtesy notice out to more people, to everybody. Again, fully permissible and again, Josh, I know you are big on open government, transparent government so to kind of toss one back at you, it would be nice to let everybody know about it, that is all. I think you notice there is a lot more turnout .... SUPERVISOR HORTON: That is an interesting idea. MR. YAKABOSKI: ... a lot more turnout for example, at the Solid Waste hearings, when that new law came into effect at the state level and for the improvement districts, everybody in the improvement district had to get noticed by letter. Tremendous more turnout. March 29, 2005 18 Southold Town Board Meeting SUPERVISOR HORTON: Thank you very much. Would anybody else care to address the Board on the printed resolutions? (No response) Okay, we will move forward with our voting prior to moving into the public hearings. Oh, yes, sir. Mr. Skabry. MR. SKABRY: Is this period also open up for question in dealing with the topic of discussion in the executive session? SUPERVISOR HORTON: We won't be discussing what was discussed in the executive session but I will say, if you are referring to our discussion about the CSEA contract negotiations... MR. SKABRY: Yes, I am. SUPERVISOR HORTON: We had a, and I will say this, the time for that is after we vote but you know, listen, it is what it is. We had a, we spent several hours this afternoon in discussion with our labor negotiations team and we left that meeting with a strong sense of direction that was imparted on our labor counsel and negotiating team. The CSEA negotiating team should have a response, an off'er if you will, or settlement package, language or information, I am trying to get this straight. Not a counter proposal, you will have a proposal by Friday, that I think will be agreeable, I hope will be agreeable to the membership as well as the Town Board. MR. SKABRY: I hope so, because we have a lot of members in the audience tonight ....... SUPERVISOR HORTON: Yes, and I appreciate the show. MR. SKABRY: You know, we are showing our interest in the local government and we just wanted to be able to continue to work in a favorable atmosphere with the Town. You know, I am not saying anything bad is going to happen or anything don't imply too much into it but we just look forward to working with the Town and hope to come to a fair agreement... SUPERVISOR HORTON: And speedy. MR. SKABRY: .... and full extended (inaudible) of the contract. SUPERVISOR HORTON: Right. It is long overdue and our negotiating team was left with some very clear direction that we expect will bring resolution to this long overdue matter. MR. SKABRY: Thank you very much. SUPERVISOR HORTON: Thank you. And also you should know that my office did receive and this is sort of to backtrack a little bit, several, I guess several weeks ago, two or three weeks ago, my office received notification that there was pending and imminent decertification petition being filed. You will also be pleased to know, I am assuming, but you have a right to know that toward the end of last week, my office received notification that that petition had been withdrawn, so I think that clarifies the... MR. SKABRY: Confusion? March 29, 2005 19 Southold Town Board Meeting SUPERVISOR HORTON: .... well, not only that but I think that what happened over the course of that time gave the whole negotiating process a sense of, you know, a lack of stability because there was a pending or an imminent filing that we were told was going to take place which obviously would have severe impacts on our ability to negotiate with the CSEA, so that matter has been resolved. I am assuming it was resolved on your end because the Town did not and could not have any you know, part of that. So I did receive that notification toward the end of last week that that petition had been withdrawn. MR. SKABRY: Thank you. SUPERVISOR HORTON: Thank you. Moving forward with....let's let the...the room is getting ready to clear out a little bit. Thank you and have a good evening. Thanks for coming. If we could recess for one moment, there is something I need to get out of my office. Moved by Supervisor Horton, seconded by Councilman Ross, it was RESOLVED that the meeting of the Southold Town Board be and hereby is declared recessed at 5:15. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvenedat5:20 P.M. #138 Moved by Councilman Romanelli, 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: To: Appropriations: A.1010.4.500.300 Revenues: Town Board, C.E. Environmental Consultants $ 49,119.81 A.3089.80 State Aid NY Department of State Grant $49,119.81 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #139 Moved by Councilman Edwards, 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: To: Appropriations: A.1010.4.500.300 Town Board, C.E. Environmental Consultants $ 880.19 March 29, 2005 20 Southold Town Board Meeting Revenues: A.3089.80 State Aid NY Department of State Grant $880.19 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #140 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold 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. Fox Run Farms (Horseback Riding) ............................................. $150/person Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #141 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to~ Lynda Bohn~ Deputy Town Clerlq Patricia Finnegan~ Town Attorney~ Elizabeth Neville~ Town Clerlq Stacev Norkehm~ Records Management Assistant~ Lloyd Reisenberg~ Systems Administrator~ and Ruthanne Woodhtfll~ Executive Assistant to Supervisor~ to attend the Nassau/Suffolk Town Clerks' Association Meeting for a presentation on Minute Traq specialized Software for Town Board Resolutions/Agenda/Public Hearings/Minutes/Legal Notices, etc. on Wednesday, April 6, 2005 at the Southampton Community Center, Hampton Bays, New York, necessary expenses for meals at $2.50 per person and transportation shall be a legal charge to A. 1410.4.600.200 & 300; A1420.4.600.200 & 300; A1220.4.600.200 & 300; A1680.4.600.200 & 300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #142 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Seasonal Police Officers for the 2006 sununer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2005. Applications must be received by Friday, April 15, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #143 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was March 29, 2005 21 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to authorize Williams, Charles & Scott, Ltd., collection agency, to retain Meyers, Saxon and Cole to institute legal proceedings against Artco Drainage Corp. for unpaid tipping fees to be compensated at a rate of seven percent (7%) of the collected amount plus Court fees. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #144 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2005 budget as follows: REVENUES; A.2680.00 Insurance Recoveries $24,675.00 APPROPRIATIONS: A.3120.2.300.100 Automobiles $24,675.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #145 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2005 budget as follows: TO; A.3120.4.600.400 Inoculations $10,000.00 FROM: A.3120.1.600.500 Retirement Reserve $10,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #146 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Suffolk Bicycle Riders' Association to use the following Town Roads for their Annual Bike - Boat - Bike event on Sunday, June 5, 2005, from 7:00 a.m. to 3:00 p. m, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. March 29, 2005 Southold Town Board Meeting This resolution was duly ADOPTED. 22 #147 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Conunerce to close Love Lane and Pike Street~ east and west of Love Lane in Mattituck on Saturday, July 9, 2005 from 8:00 a.m. to 4:30 p.m. with a rain date of Sunday, July 10, 2005, providing they file with the Town Clerk a One Million Dollar Certificate of Liability naming the town as additional insured and contact Lt. Flatley ten (10) days prior to the event to coordinate traffic control. SUPERVISOR HORTON: It is going to be a great street fair, I am sure. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #148 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid Waste District budget~ as follows: To: Appropriations SR.8160.4.100.350 SR.8160.4.100.551 SR.8160.4.100.580 SR.8160.4.400.125 SR.8160.4.600.400 Pest Control $ 20.08 Maint/Supply Cat 966 Loader $ 1,000.00 Maint-Ford Tractor $ 1,000.00 Compost Analysis Services $ 2,000.00 Postage $ 250.00 From: Appropriations SR.8160.4.100.620 Maint/Supply 96 Ford Pickup $ 750.00 SR.8160.4.400.600 Scale Maintenance $ 3,520.08 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #149 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Bunchuclq Solid Waste Coordinator~ to attend the 2005 Federation of New York Solid Waste Associations Spring Conference~ May 15 to May 18, 2005 in Bolton's Landing, New York. All Necessary travel, food and lodging to be a legal charge to the 2005 Solid Waste Management budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #150 Moved by Councilman Ross, seconded by Councilman Romanelli, it was March 29, 2005 23 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Traffic Control Officers for the 2005 sunnner season at the 2002 hourly wage of $11.97 per hour pending new contract. COUNCILMAN ROMANELLI: Is it 2005 or 2006? SUPERVISOR HORTON: 2005. This year is 2005. COUNCILMAN ROSS: He is talking about this year. SUPERVISOR HORTON: Yeah, that is correct. 2005. We have held a vote on it, I believe it was a unanimous vote but let the record reflect that it is 2005 summer season. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #151 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town landfill, free of charge, for four (4) weeks from April 2 through May 1, 2005, in connection with the 2005 Spring Cleanup. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #152 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Attorney, Patricia A. Finnegan, to attend a CLE seminar on June 9, 2005 in Uniondale at the NYS Bar Association entitled "The Nuts and Bolts of the Administration and Enforcement of Land Use Laws and Regulations". All travel expenses to be a legal charge to the Town Attorney 2005 budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #153 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Scott J. Oliver to the position of temporary Cook at the Nutrition Center working 40 hours per week, at the rate of $12.57 per hour, effective March 31, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #154 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an unpaid family leave of absence under FMLA to a Town employee from April 5, 2005 lhrough October 1, 2005. March 29, 2005 24 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #155 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Site Plan Fee Schedule" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #156 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jayne Martin to the part-th-ne position of Clerk Typist in the Zoning Board of Appeals. The effective date of March 12, 2005, with a salary of $10.02 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #157 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Richard Keough to fill a vacancy on the Board of Commissioners of the Orient- East Marion Park District, pursuant to Town Law Section 215. Mr. Keough's term of office shall run through December 31, 2005. SUPERVISOR HORTON: Just give me a moment to read this resolution more closely. Appoints Richard Keough to fill a vacancy on Board of Commissioners, pursuant to Town law section. That should be Mr. Keough's term of office shall run through December 31, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #158 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March 2005 a Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" 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 l0th day of May 2005 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2005 March 29, 2005 25 Southold Town Board Meeting A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed ~:~*~- r~ Qx v.~ ....... ~ v: twenty-two (22) feet in height. B. Such buildings shall not exceed 660 square feet on lots containin~ up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. C.Setbacks. (1) On lots containing up to "-'~-"'...v...: +~',..~o~...~a (29,999) ten thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containin~ ten thousand (10,00% square feet, up to nineteen thousand nine- hundred and ninety-nine (19,999) square feet, such buildings shall be set back no less than tk~ee (3~ five (5) feet from any lot line. (-2-) (3) On lots containing ...... *~-- .... ~ ..... twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than c,,,~ r<x .... ~: ten (10) feet from any lot line. On lots containing .................. ; ....................... .;.~., .;.~ t20 ogre square feet forty thousand (40,000) square feet up to fifW-nine thousand nine hundred ninety-nine (59,999) square feet, such buildings shall be set back no less than ....~. ~ fifteen (15) feet from any lot line. (-3) (5) On lots containin~ sixty thousand (60,000) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (!O) twenty (20) feet from any lot line. (4) (6) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than "*'=-"' r~nx ....... : ~ twenW five (25) feet from any lot line. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. March 29, 2005 26 Southold Town Board Meeting AMENDED April 26, 2005 by Resolution # 218A #159 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March 2005 a Local Law entitled "A Local Law in relation to the Height of Buildings of Residential Structures" 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 10th day of May 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, "A Local Law in relation to the Height of Buildings of Residential Structures" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the maximum building height of residential structures to further preserve the character of single-family neighborhoods. The changes will create a clear definition for "Height of Building", create a separate definition for "Flat and Low- pitched Roof', establish a maximum building height for the flat and low-pitched roof, and create a height limit of twenty-eight feet on lots with a width seventy (70) feet or less. Additionally, this law introduces a "building height envelope law" which is designed to prevent overcrowding and prevent the loss of open space, air, sunlight and privacy to neighbors. This new law establishes a vertical and horizontal building envelope based on the building setback to the nearest property line. II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. B. Definitions and Usages. FLAT AND LOW-PITCHED ROOF- Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, tc ............................................... e .......................... e ........... : v ....... to e lowest point of the eaves for flat and low-pitched roofs, and to the hi~hest point of the ridge for other Wpe roofs. ~100-32. The Bulk Schedule for Residential Dis~icts is amended as a~ached. ~ 100-34. Buildine Heieht Envelope. D. Lot width of sevenN (70) feet or less. All buildines on lots within the A-C, R-80, R-120, R- 200 and R-400 dis~icts shall be set back from all properN lines so that the heieht of any point of the buildine shall not exceed the horizontal distance be~veen the nearest properN line and the closest point of the buildine, on a ratio of 1:1 E. Lot width over sevenN feet, when cons~uction is on vacant lot only. All buildines on lots within the A-C, R-80, R-120, R-200 and R-400 dis~icts shall be set back from all properN lines so that the heieht of any point of the buildine shall not exceed the horizontal distance be~veen the nearest properN line and the closest point of the buildine, on a 1:1 ratio; F. No~vithstandine any provisions to the con~a~, the mahmum heieht limit for all buildines shall not exceed the maximum in the bulk schedule. March 29, 2005 27 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. #160 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget as follows: To: Town Board, C.E. Labor Relations A.1010.4.500.200 From: A.1010.4.100.125 A.1010.4.400.300 A.1010.4.500.100 A.1010.4.500.400 A.1010.4.600.100 Town Board, C.E. Code Updates Town Board, C.E. Printing Town Board, C.E. Employee Assistance Program Town Board, C.E. Medical Consultant Town Board, C.E. $13,200.00 $ 3,000.00 2,500.00 1,250.00 1,500.00 Legal Notices 4,950.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #161 Moved by Justice Evans, 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: TO: A.3610.1.200.100 Part-time Employees/Regular Earnings $1,210.00 FROM: A.3610.4.500.300 Fee for Service, Non-Employ CAC $1,210.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #162 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Planning Department budget, as follows: FROM B.8020.4. 500.500 Planning Consultant $ 4341.25 TO: B.8020.4.500.300 Environmental Consulting $ 4341.25 March 29, 2005 28 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #163 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Whole Town 2004 budget as follows: From: Appropriations: A.6772.1.200.100 To: Appropriations: A.6772.1.100.200 Programs for the Aging Part Time Employees Regular Earnings $ 200.00 Programs for the Aging $ 200.00 Overtime Earnings Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #164 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 hire the finn of Cleary Consulting to conduct a review pursuant to the State Enviromnental Quality Review Act (SEQRA) of the proposed Local Law entitled "A Local Law in relation to Rural Incentive Districts" in accordance with their proposal dated March 28, 2005, 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. #165 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 a Municipal Cooperation Agreement between the Town of Southold and the Village of Greenport wherein the Town will reimburse the Village for capital improvements to Mitchell Park up to an appropriated amount of $100,000, 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. #166 Moved by Justice Evans, seconded by Councilman Romanelli, it was March 29, 2005 29 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby determines to rescind its resolution dated January 5, 2005 to close the public hearing held that day pursuant to Section 202 of the New York State Eminent Domain Procedure Law and Resolution Nmnber 854 of 2004, with respect to the proposed acquisition pursuant to the New York State Eminent Procedure Law of the following described parcel located east of Horton's lane in the hamlet of Southold, directly behind the existing Town Hall building, for the purpose of expansion, reconstruction and construction of a new Town Hall facility in Southold: ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of Southold, County of Suffolk and State of New York, as shown on a certain map entitled "Map of Property of George C. and Margaret A. Stankevich, indicating a portion of property to be acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County, New York", prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises being more particularly bounded and described as follows: BEGINNING at a point at the southwest corner of the subject parcel, on the division line between property of George C. and Margaret A. Stankevich on the north, and property of the Town of Southold on the south; said point being the following two (2) courses and distances from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of Main Street: 1) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point; 2) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the point at the aforementioned southwest corner of the subject premises, said point being the point of beginning; Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds West, along the proposed division line through the property of George C. and Margaret A. Stankevich, a distance of 131.08 feet to a point at the southwest corner of other property of the Town of Southold on the division line between the subject parcel on the south and said property of the Town of Southold on the north; Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between the subject property on the south and property of the Town of S outhold on the north, 155.52 feet to a point on the westerly boundary line of other property of the Town of Southold; Thence along said division line between the subject parcel and property of the Town of Southold, the following two (2) courses and distances: 1) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at the southeast comer of the subject parcel; thence 2) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at the southwest corner of the subject parcel, said point being the point or place of beginning. Said premises contain 20,514 square feet or 0.471 acres, more or less, and comprise the easterly one-half (approximately) of the lot identified on the tax map of Suffolk County by the designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C. Stankevich and Margaret Stankevich, his wife, and it is further RESOLVED, that the Town Board of the Town of Southold hereby determines to re-open the said public hearing, and it is further RESOLVED, the Town Board hereby determines to conduct the re-opened public hearing on April 19, 2005 at 2:00 o'clock p.m. at the Town Hall, 53095 Route 25, Southold, New York, and it is further RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public hearing as follows: a) in two (2) successive issues of The Traveler - I;Fatchman, the official newspaper of the Town of Southold commencing on Thursday March 31, 2005; March 29, 2005 30 Southold Town Board Meeting b) in five (5) successive issues ofNevvsclay, a newspaper of general circulation within the Town of Southold, commencing on April 4, 2005, and it is further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution to Patricia A. Finnegan, Town Attorney, and the reputed owners. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #167 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED, that the Town Board of the Town of Southold hereby determines to hold a public hearing on April 19~ 2005 at 2:00 o'clock p.m. at the Town Hall~ 53095 Route 25~ Southold~ New Yorlq pursuant to Section 202 of the New York State Eminent Domain Procedure Law with respect to the proposed acquisition pursuant to the New York State Eminent Procedure Law of the following described parcel located east of Horton's lane in the hamlet of Southold, directly behind the existing Town Hall building, for the purpose of expansion, reconstruction and construction of a new Town Hall facility in Southold: ALL that plot, piece or parcel of land, situate, lying and being at Southold in the Town of Southold, County of Suffolk and State of New York, as shown on a certain map entitled "Map of Property of George C. and Margaret A. Stankevich, indicating a portion of property to be acquired by the Town of Southold, situate at Southold, Town of Southold, Suffolk County, New York", prepared by Louis K. McLean Associates, P. C., dated January 18, 2005, said premises being more particularly bounded and described as follows: BEGINNING at a point at the southwest corner of the subject parcel, on the division line between property of George C. and Margaret A. Stankevich on the north, and property of the Town of Southold on the south; said point being the following two (2) courses and distances from the intersection of the easterly boundary of Horton's Lane with the northerly boundary of Main Street: 3) North 30 degrees 17 minutes 40 seconds West, a distance of 212.54 feet to a point; 4) North 60 degrees 22 minutes 20 seconds East a distance of 163.26 feet to the point at the aforementioned southwest corner of the subject premises, said point being the point of beginning; Thence from said point of beginning, North 31 degrees 44 minutes 10 seconds West, along the proposed division line through the property of George C. and Margaret A. Stankevich, a distance of 131.08 feet to a point at the southwest corner of other property of the Town of Southold on the division line between the subject parcel on the south and said property of the Town of Southold on the north; Thence North 58 degrees, 13 minutes 30 seconds East, along said division line between the subject property on the south and property of the Town of S outhold on the north, 155.52 feet to a point on the westerly boundary line of other property of the Town of Southold; Thence along said division line between the subject parcel and property of the Town of Southold, the following two (2) courses and distances: 3) South 29 degrees 44 minutes fifty seconds East, a distance of 136.82 feet to a point at the southeast comer of the subject parcel; thence 4) South 60 degrees 22 minutes 20 seconds West, a distance of 150.87 feet to a point at the southwest corner of the subject parcel, said point being the point or place of beginning. Said premises containing 20,514 square feet or 0.471 acres, more or less, comprising the easterly one-half (approximately) of the lot identified on the tax map of Suffolk County by the March 29, 2005 31 Southold Town Board Meeting designation District 1000, Section 61, Block 1, Lot 3, reputed to by owned by George C. Stankevich and Margaret Stankevich, his wife, and it is further RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public hearing as follows: c) in two (2) successive issues of The Traveler - FFatchman, the official newspaper of the Town of Southold commencing on Thursday, March 31, 2005; d) in five (5) successive issues of Newsday, a newspaper of general circulation within the Town of Southold, commencing on April 4, 2005, and it is further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution to Patricia A. Finnegan, Town Attorney, and the reputed owners. SUPERVISOR HORTON: I just want to point, the question as to why this is taking place. We did hold a public hearing, we have also conducted an exhaustive SEQRA analysis that included a traffic study that took a little bit longer than anticipated, therefore this is a legal formality that we are following. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #168 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 12, 2005, at 8:05 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the thne and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Badenchini Family Limited Partnership. Said property is identified as SCTM #1000-95-1-5. The address is 6375 Oregon Road, Mattituck, New York, and is located on the northerly side of Oregon Road, approximately 135 feet northwesterly from the intersection of Alvah's Lane and Oregon Road in Mattituck. The proposed acquisition is for approximately 23.88 acres (subject to survey) of the approximately 32.73 acre parcel. The purchase price is $30,000 (thirty thousand dollars) per acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program and the New York State Agriculture and Markets, 2004 Agricultural and Farmlands Protection Program and part of the purchase price may be reimbursed from one of these agencies. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #169 Moved by Councilman Edwards, seconded by Justice Evans, it was March 29, 2005 32 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffrey S. Biggs to the position F/T Provisional Public Safety Dispatcher for the Southold Town Police Department, at a salary of $26,652.63, effective April 4, 2005. SUPERVISOR HORTON: Mr. Biggs has served with us at headquarters as a public safety dispatcher, temporary or part-time basis in the past and we welcome his full-time arrival. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #170 Moved by Councilman Ross, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2005 a Local Law entitled "A Local Law in relation to Updating the Conununity Preservation Proiect Plan" 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 12th day of April, 2005 at 8:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Conununit¥ Preservation Project Plan" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Updating the Conununit¥ Preservation Project Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling approximately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible Parcels included in the Community Preservation Project Plan. These properties are located in the Great Pond Wetland and Dune Area, situated north of Lake Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Town of Southold is hereby amended as follows: § 6-50. Community Preservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003] A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and March 29, 2005 33 Southold Town Board Meeting Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting ~r~ ,~,~ ~r,~ ~,, ,~,~ ~,,, ,~ ~r ..... ~,~ ;, ...... t~ ............ t~vo. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Properties within Great Pond Wetland and Dune Area to be added to Community Preservation Project Plan January 2003 List of Eligible Parcels SCTM # AcreaRe Classification Code 1000-59.-1-18 0.48 ABCDGI 1000-59.-1-20.1 0.72 ABCDGI 1000-59.-1-21.1 1.13 ABCDGI 1000-59.-1-21.2 0.93 ABCDGI 1000-59.-1-21.3 0.99 ABCDGI 1000-59.-1-21.4 0.94 ABCDGI 1000-59.-1-21.6 0.95 ABCDGI 1000-59.-1-21.7 0.97 ABCDGI 1000-59.-1-21.8 1.37 ABCDGI 1000-59.-1-25 0.39 ABCDGI 1000-59.-5-2.1 0.57 ABCDGI 1000-59.-5-2.3 0.33 ABCDGI 1000-59.-5-27 0.66 ABCDGI TOTAL 10.43 SUPERVISOR HORTON: Just for point of reference, this is essentially to, the Town is going to take the opportunity to add a number of parcels that we feel strongly about preserving to the Community Preservation Plan, which is necessary to be, for the parcels to be preserved it is necessary that it is included officially by local law to that plan. So we are taking that step to enable us to preserve a few more important properties. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 29, 2005 34 Southold Town Board Meeting #171 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 12, 2005, at 8:15 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement for open space purposes on the property currently owned by Peter F. Harper with the Peconic Land Trust as contract vendee. Said property is identified as SCTM #1000-59-1- 20.1. The address is 1920 Lake Drive, Southold, New York, and is located on the northeast corner of Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) property. The property is being purchased by the Peconic Land Trust market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire property. The purchase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The subject property and the other properties located north of Lake Drive and in the vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on April 12, 2005. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87- 5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement purchase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #172 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2005 budget as follows: To: March 29, 2005 Southold Town Board Meeting Transfers to Other Funds Transfers to Capital Fund A.9901.9.000.100 From: A.9730.6.000.000 A.9730.7.000.000 35 $185,000.00 Bond Anticipation Notes Principal Payments $168,500.00 Bond Anticipation Notes Interest Payments 16,500.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #173 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town 2005 budget as follows: To: A.9901.9.000.100 From: A.9710.6.000.000 Transfers to Other Funds Transfers to Capital Fund $10,301.00 Serial Bonds Principal Payments $10,301.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #174 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund ~Vhole Town budget as follows: To: Historian, P.S. Part Time Employee Regular Earnings $1,700.00 A.7510.1.200.100 From: A.7510.1.300.100 Historian, P.S. Seasonal Employee Regular Earnings $1,700.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #175 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 ~Vhole Town General Fund~ as follows: FROM: A.9010.8.000.000 Employee Benefits $17,579.14 NYS Retirement, Benefits March 29, 2005 36 Southold Town Board Meeting TO: A.5010.1.100.400 Personal Services $17,579.14 Sick Earnings Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #176 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain proceeding, which would result in the acquisition of 0.47 acre of an overall 1.0±-acre, partially-improved property (hereinafter the "260 Hortons Lane property"), which adjoins the existing Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons Lane, such that a new Town Hall Complex could be developed; and WHEREAS, the acquisition of the subject 0.47 acre of property and the development of the new Town Hall Complex would allow the consolidation of all Town of Southold offices on one site, as several Town offices cannot be accommodated in the existing Town Hall building due to space constraints; and WHEREAS, the development of the new Town Hall Complex would include (a) the relocation of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the development of a 24,901±-square-foot Town Hall building, (c) the demolition of a portion of the existing 11,391- square-foot Town Hall building (approximately 4,801 square feet) and the renovation of the remaining building area (approximately 6,590 square feet) to accommodate the Justice Court, and (d) the development of associated parking, sanitary facilities, drainage facilities and other appurtenances; and WHEREAS, pursuant to 6 NYCRR §617.4, the action has been preliminarily determined to be classified as "Type I"; and WHEREAS, pursuant to 6 NYCRR §617.6(b)(3), the Town Board undertook coordinated review of the action with involved agencies; and WHEREAS, no objections were received from the involved agencies as to the Town Board serving as the lead agency in this matter; THEREFORE BE IT RESOLVED, that the Town Board hereby designates itself as lead agency pursuant to the implementing regulations of the State Environmental Quality Review Act~ specifically 6 NYCRR §617.6(b)(2) and (3)~ with respect to the above-described proposed action. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #177 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Detention Attendants to perform matron duties at the Southold Town Police Department at the current hourly rate of pay. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 29, 2005 37 Southold Town Board Meeting #178 Moved by Councilman Romanelli, seconded by Councilman Edwards, 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 the Size~ Height and Setbacks for Accessory Buildings" to the Southold Town Planning Board and the Suffolk County Department of Planning for their reconunendations 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. #179 Moved by Councilman Edwards, seconded by Councilman Ross, 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 the Height of Buildings of Residential Structures" to the Southold Town Planning Board and the Suffolk County Department of Planning for their reconunendations 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. #180 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Southold Wastewater District Budget as follows: From: Fee for Service, Non-Employee Unallocated $6,360 SS1.8130.4.500.900 To: SS1. 8130.4.500.200 Fee for Service, Non-Employee Engineering $6,360 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #181 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Southold Wastewater District Budget as follows: From: Fee for Service, Non-Employee Unallocated SS1.8130.4.500.900 To: SS1. 8130.4.200.200 $1,604.23 Utilities Light & Power $1,604.23 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. March 29, 2005 Southold Town Board Meeting This resolution was duly ADOPTED. 38 #182 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the following 2005 Road Treatment items: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (type 5 Shim) 5. Type6 Top 6. RC-250 Liquid Asphalt Oil & Recycled Stone 7. Type II Micro-Surfacing 8. Nova Chip Ultra-thin Surfacing Course Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #183 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby extends benefits as described in the Administrative Employee Handbook to the following managerial and/or confidential employees effective on the date following receipt of the appropriate decision from the New York State Public Employees Relations Board: Director of Human Services Karen McLaughlin Town Planning Director Valerie Scopaz Solid Waste Coordinator James Bunchuck Administrative Assistant Linda Cooper Administrative Assistant Barbara Rudder Executive Assistant James McMahon Secretarial Assistant Patricia Garsik Chief Building Inspector Michael Verity Network & Systems Administrator Lloyd Reisenberg Principal Account Clerk Lynda Bohn Senior Account Clerk Typist Janice Foglia Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED June 21, 2005 by Resolution #403 #184 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of the following managerial and/or confidential employees effective on the date following receipt of the appropriate decision from the New York State Public Employees Relations Board: Current Proposed March 29, 2005 39 Southold Town Board Meeting Tile/Name Director of Human Services Karen McLaughlin Town Planning Director Valerie Scopaz Solid Waste Coordinator James Bunchuck Administrative Assistant Linda Cooper Administrative Assistant Barbara Rudder Executive Assistant James McMahon Secretarial Assistant Patricia Garsik Chief Building Inspector Michael Verity Network & Systems Administrator Lloyd Reisenberg Principal Account Clerk Lynda Bohn Senior Account Clerk Typist Janice Foglia a -- plus 5% longevity b -- plus 6% longevity c -- plus 6% longevity d plus 7% longevity e plus DPW 11,041 stipend Salar~ Salar~ 68,225.08 a 74,551.38 60,819.50 b 66,459.11 59,069.65 c 64,547.01 42,583.77 d 46,532.43 42,583.77 d 46,532.43 60,683.81 d, e 66,310.83 45,225.47 49,419.09 59,469.50 64,983.94 65,320.25 71,377.20 45,235.47 49,430.02 42,814.57 46,784.64 a SUPERVISOR HORTON: I just want to say what I couldn't say so eloquently moments ago. These employees are essentially receiving immediate salary increases equivalent to those that were contained in the July 2004 contract settlement that was, failed to be ratified. To clarify this move here. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #185 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends the Administrative Employee Handbook to include all managerial and/or confidential employees effective on the date following receipt of the appropriate decision from the New York State Public Employees Relations Board. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #186 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold has received an Opinion and Advisory Recommendation with regard to a grievance brought by a town employee, also known as the Workers' Compensation Arbitration, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby adopts the opinion and advisor~ reconunendation of the Arbitrator. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 29, 2005 40 Southold Town Board Meeting SUPERVISOR HORTON: Prior to moving into the public hearing, I want to take the opportunity to impart the statement that I made on March 23 for the local newspapers but I just wanted to take this opportunity since we have an extended audience with us and it is in regard to my stay here as Supervisor. I announced that I will not be seeking re-election as Supervisor of Southold Town. I have decided to pursue a challenging and exciting opportunity in the private sector. I am privileged to have been raised in a family that values public service and I am proud that at 32 years of age I have given extensive service to both my country and community, my home town. I have no doubt that I will serve again. Being supervisor of this great town has forever changed my life. The 22,000 people I represent have challenged and inspired me. Every day and every night in my office at my home or in the grocery store, I am graced with advice, input, support and trust, all offered in the name of making Southold Town a better place. The people of this community have embraced me and given me the opportunity of a lifetime. For that I am forever grateful. I will remain focused on my work for the Town and continue to promote the progressive agenda the people of Southold have overwhelmingly endorsed. I look forward to a positive and productive completion of my term, continue to work in the spirit of cooperation and public participation that this Town Board has become rightfully known for. There has been a lot of you know, talk, I have received a lot of e-mails and phone calls and that oftentimes when your message is communicated in the press, while it is often communicated appropriately, it is obviously because of print space and the cost of ink these days, the entire statement can never be fully printed, so I just wanted to take that opportunity to extend my intentions to the people of this community and when asked why I announced on March 23 and not in May, it was purely out of respect to the political process, so the parties that be can field their candidates and the people will have a choice to elect their next supervisor. Thank you for letting me have the opportunity to get that out there. We now have a public hearing that we will adjourn for. Or recess for. 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 one public hearing on the matter of HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO SITE PLAN FEE SCHEDULE." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvenedat6:16 P.M. #187 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of March, 2005 a Local Law entitled "A Local Law in relation to Amendments to Site Plan Fee Schedule"~ and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the followin~ Local Law: LOCAL LAW NO. 4 OF 2005 A Local Law entitled, "A Local Law in relation to Amendments to Site Plan Fee Schedule". BE IT ENACTED by the Town Board of the Town of Southold as follows: March 29, 2005 41 Southold Town Board Meeting Purpose - In order to provide for a simplified fee schedule that reflects the time and expense incurred in the site plan review process, the following amendments to the site plan review fee schedule are necessary. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-256. Application requirements. § 100-259.2. Fee schedule for site plan applications. The fee for new site plan applications, includin~ without limitation applications relatina to vacant sites or sites with no previously approved site plan, shall be a flat fee of $500 plus an additional $500 for each acre (or fraction thereof) in excess of the first acre, plus $. 10 for each ~ross square foot of proposed construction. The fee for amended site plan applications shall be a flat fee of $250 plus $.10 for each ~ross square foot of proposed construction in excess of the square footage of construction included in the previously approved site plan. The fee for a~ricultural site plan applications, exceptin~ retail winery operations, shall be a flat fee of $500. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not afl~ct the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: The explanation that the Town Attorney gave Councilman Wickham, did that satisfy your concern? That the sliding scale would only apply to the retail component of the winery? Okay, then we will have a roll call vote on this. Town Clerk Neville, if you would be so kind as to call the roll. COUNCILMAN WICKHAM: Yes, I vote for this but I would like to investigate further some of the questions about wineries unrelated to the particular fee but the uses and all of that in subsequent work sessions. SUPERVISOR HORTON: I am breaking with the Town Board and voting no. I made my point clear at the work session when we discussed this, that I think that we have worked hard to put together responsible budgets that cover much of the operational costs of the Town and I don't support raising these fees. So I cast my vote no. COUNCILMAN WICKHAM: Not just wineries. SUPERVISOR HORTON: This is for the local law that we just had a public hearing on. I vote no on resolution 187. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. March 29, 2005 42 Southold Town Board Meeting SUPERVISOR HORTON: That is the end of our, the conclusion of this portion of the meeting, the resolutions, I offer the floor to the public to address the Board on other items. Yes, Mrs. Egan. Actually, Mrs. Egan, this gentleman behind you would like to address the Board. Yes, sir. TOM COSTA: Tom Costa, 150 Hillcrest Drive in Orient. I came to Town Hall on January 8th and I asked what I thought was a simple question. Across the street from my house, someone bought a residential lot and excavated almost the entire lot. I never see any building permits up, I have no idea what he is doing, the property is fenced in and all I wanted to know was what is it? and also since we were talking about wineries, as it turns out, the 23 acres behind be was bought by someone and converted to a vineyard. He subsequently closed two roads that led to Long Island Sound and I was told that he can do that because it is his property. However, I understand there is something called 'easement by prescription' in which a road is used openly and freely for a certain number of years, you cannot close it. but that is what he did. In any event, I am not complaining about that, I simply wanted to know why the same vineyard bought a residential lot and excavated the entire lot. It looks like a sump. I don't even know what a sump is but that is what I am told it looks like. Now, I don't think that they are being poorly treated if they are allowed to do something like that. SUPERVISOR HORTON: It is possible... MR. COSTA: I would like somebody to tell me what is he doing? The only reason I am asking is because I want to know, is he building a winery there, is he building a wine cellar, is he building a restaurant, a dance hall, I don't know what he is doing. SUPERVISOR HORTON: Right, you are, in fact, I am glad you came this evening because you have contacted me a couple of times and I have had a difficult time getting back in touch with you. It is possible and we will have someone call you directly tomorrow, it is possible that and I don't know, so I am just thinking some possibilities, it is possible that that is, you know, is a portion of his agricultural endeavor, I don't know. It is quite possible. If there were building permits issued, they are required to be posted on the property. So if there aren't building permits posted on the property, A. there isn't a building permit that has been issued or B. the property owner is in violation of Town code. MR. COSTA: Well .... SUPERVISOR HORTON: So we will find that out for you first thing in the morning. MR. COSTA: I was told, this is about the third time that I am told that I am going to be contacted .... SUPERVISOR HORTON: Well, we... MR. COSTA: And I was only contacted once and I was called, a message was left on my Orient phone number, even though I said that I won't be there for more than a day or so. SUPERVISOR HORTON: You have given us a number, I believe in Queens and Orient. MR. COSTA: I gave you both. March 29, 2005 Southold Town Board Meeting SUPERVISOR HORTON: Right. 43 MR. COSTA: That is the only call I got. However, I did speak to someone and I don't want to read the whole conversation but I want to give you an idea, the end of the conversation, because as I age, I don't really understand things very well so maybe you can explain it to me. "Call us back at the end of the week. I am not telling you to call me, don't call me. Give me some time, call me at the end of the week if you want to. I don't think I will have an answer for you until then. No, no. I said don't call me until the end of the week. I am saying I don't think we will have any information for you until the end of the week. I might find out tomorrow, I don't know. We are going to research it." This is the way people talk to you, I mean, I am only a part-timer here but I do pay full-time taxes. SUPERVISOR HORTON: That certainly.., right. MR. COSTA: And I think that if I call Town Hall and I ask a simple question, I would at least like a little respect. SUPERVISOR HORTON: The other thing that I advised is that you could fill out a Freedom of Information request, which entitles you by right, it is a specific form that you as a citizen have a right to fill out and you ought to have a response within five to seven days. That conversation that you read is bizarre, at best. MR. COSTA: Well, that is only the end of it. SUPERVISOR HORTON: And confusing, I am sure. So, like I said, Mr. Costa, we will have somebody contact you first thing in the morning. Why don't you do this, why don't you call my office at 765-1889 because I don't have your phone number in your wallet. MR. COSTA: Okay. SUPERVISOR HORTON: Okay. Thank you very much. But also understand that... MR. COSTA: Hopefully I don't to go through a Freedom of Information and all of that. SUPERVISOR HORTON: I hope that you don't, too. But just understand that is always something that is, that is a right that you do retain and it is quite effective. But we will .... MR. COSTA: Incidentally, as a part-timer, I .... SUPERVISOR HORTON: .... get some information for you. MR. COSTA: .... admire everything that went on in here. People are very well-spoken and very patient, too, I might add. COUNCILMAN ROSS: Sir, you may find that it is a valuable experience to do a Freedom of Information demand, go over to the department and give it to them. They will give you the file right there if there is a file and it really... March 29, 2005 Southold Town Board Meeting MR. COSTA: I know but .... 44 COUNCILMAN ROSS: You are there first hand and you read the file and you know what is going on, as opposed to hearing it on the phone. SUPERVISOR HORTON: We will get you the information. MR. COSTA: In a small town like this, should that be necessary? I only want to know .... COUNCILMAN ROSS: It is a better product. SUPERVISOR HORTON: Mr. Costa, I agree with you and you know, there is merit to what Councilman Ross is saying but we are a small town, you know, we know most people in this community on basically a first name basis and you should have that response in a timely fashion and my apologies that it did not come. MR. COSTA: Thank you. SUPERVISOR HORTON: Thank you for coming. Thank you for bringing that to our attention. Mrs. Egan. I believe you have something you would like to share with us. MS. EGAN: I didn't speak on the public hearing but my heart goes out to the farmers and the winery because of the horrible weather we have had. And I would imagine it is rough, rough going for those people because they need a certain type of climate for a certain period of time and when they don't get it, they are in trouble. I will try to be brief, which I know is difficult for me but I will do that. Now, the Depot Lane flag situation has not been done by you. There is something for Mrs. Finnegan's secretary to do when she is out gallivanting. Now, she can also, I am wondering whether you called the Cornell Institute to see if they are getting any information on any of the tsunami thing and if they are, then it should be in the quarterly. Has the telephone company done anything about getting us from here to over there? SUPERVISOR HORTON: Verizon has experienced tremendous complications that we are trying to work through, so the answer is no. MS. EGAN: Oh, I told you, don't pay the bill. They will get to you pretty fast. Now, also information coming from all sources is that the bug infestation this year, because of the weather is going to be horrible. I am sure farmers know that. Well, so I think that we should address that as to whether we are going to use chemicals or we are going to try to do that naturally and maybe that can be put into this quarterly, which should be coming up pretty soon. Now, there wasn't anything on the agenda about the animal shelter, you ought to get going on that Josh, maybe they will name it after you .... SUPERVISOR HORTON: Mrs. Egan .... MS. EGAN: .... before you leave. I heard what you said the last time. SUPERVISOR HORTON: Well, let me also go on record because I don't want it named after me. March 29, 2005 45 Southold Town Board Meeting MS. EGAN: Now, I think it would also be an excellent idea for you to either send a summation or one of these final things with your comment on it to the Deputy Supervisor, who we pay $10,000 a year to and if you can't do that then maybe you could request that he watch the Town Hall meeting on TV. Your comment to the gentleman and other people here was that we are a small town, we know people by their fist name. I watch all the Town Hall meetings and for the most part, I see they are very serious. They are wondering about their... SUPERVISOR HORTON: They are very serious, Mrs. Egan. They are very serious. MS. EGAN: ..... (inaudible) and I truly feel that this laughing and joking in between session is wrong. SUPERVISOR HORTON: Are there other points you would like to raise, Mrs. Egan. MS. EGAN: Pardon? SUPERVISOR HORTON: Are there other points you would like to raise in regard to the court? MS. EGAN: I told you, I am trying to be brief and when you interrupt me, it takes that much longer. Uh, oh, what about noise control? Nothing done. SUPERVISOR HORTON: Okay. MS. EGAN: What shame, shame. I will tell you the truth, Mr. Horton, your whole administration here, you have not truthfully accomplished one full thing except to get more land in your name or in Peconic Land Trust. And did you speak to them about the mess behind their building? Bye bye. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: And good luck to you. SUPERVISOR HORTON: Yes, Mr. Yakaboski. Mrs. Egan, he is a private citizen and won't be subjected to your comments here at the Town Board meeting. GREG YAKABOSKI: Believe it or not, I am going to pick up on something Mrs. Egan said in a second but the reason I am up here, Greg Yakaboski, Southold. The reason I am up here is regarding the decision making process by the Board. And it kind of got going when I was out here at the TDR legislation about six weeks ago and I just had a few decisions I wanted to go through, just to point it out. And the first and unfortunately, hopefully, the papers won't treat this as an attack, it is regarding Josh's salary, the $20,000 that was given from last year to this year, I believe is the correct amount. SUPERVISOR HORTON: That is the salary for the Supervisor of the Town regardless of who is here. MR. YAKABOSKI: Correct. That is why I said I hope it is not treated, it is a business decision. I think the base salary that started was about $63,000 and jumped the $20,000. That is a decision by the Board. What I am curious about is what were the factors that the Board found that justified the decision. For example, one of the main things here, Bill, was affordable housing. There has been no March 29, 2005 46 Southold Town Board Meeting single, not a single affordable unit created since January 1, 2002. Land preservation. Land preservation currently, if you take the numbers from the DGEIS and the build out analysis, apply how much we have been preserving per year and how much we have been losing per year, 80 percent, that is our goal, in about 14 years, we are going to fail, we are not going to have any land left, under those numbers. Carried forth 90 percent goal, which I think was Dan and Bill's goal, that is 5.5 years. So we have land preservation which is so critical to the Town, at the current plans under the Town's numbers and going back Josh, to something you said to the gentleman over here about getting back to people, I do believe I gave a letter to the Board on February 17 requesting information on this topic, I have not yet received a response. COUNCILMAN EDWARDS: I received my copy of the response .... SUPERVISOR HORTON: Excuse me, Mr. Yakaboski is asking a question and... MR. YAKABOSKI: No, that is all. I received a response regarding the affordable housing, not the land preservation. If it got lost in the mail, that is fine, I just had not received it. Again, the dog shelter, over three years, we don't have a dog shelter. The landfill, over three years that landfill had needed a comprehensive overhaul. Right now, it is a dangerous situation the way everything is set up in there, it is messy and beyond the point that a landfill should be. In addition there was $60,000 spent for a sound wall which, while I believe that sound problem should have been addressed for those people, if the comprehensive plan overhaul for the Town, for the landfill had been addressed, that $60,000 might not have had to have been spent. The comprehensive plan, let me give you an example of it not being followed by this team, that has to do with the TDR legislation passed recently. One of the main components throughout all the comprehensive planning has been that the density of housing should be placed in the hamlet centers. This Board has never addressed the hamlet centers. They are working on it currently, I know you are, I know you are working on it currently. It just seems to make common sense that you follow the comprehensive plan before putting it possible throughout the entire Town, you simply establish what the hamlet centers are and place it there. That is all. It seems common sense. Communication, again, remember I am addressing the issue of a $20,000 hike to the Supervisor's position and I am curious, dumbfounded as to what justified that? What superlative action justified that? I wouldn't be standing here if this is simply a cost of living increase, this is a $20,000 raise. Town Hall, I know when the Supervisor was running originally, I think three, three and a half years ago, I think something like that, the cost of Town Hall and the need for space was adamantly put forward as not being needed and the cost being over the top. Then there was a sale of the property next door because we don't need it, we are going to the bank, a few months later, all of a sudden we are coming back here. It seems to me that the, if the Board and the Supervisor had gotten together and followed a simple decision making process about whether or not you should have a joint, excuse me, a one campus system or two campus system, you might have saved some money and time and gotten it done. And after I am all done Josh, I would really appreciate, again, not in a belligerent manner but again, I am really curious as to what factors changed over the last three years which led you to believe that now the Town Hall, which I think, again go by what is in the papers, about the cost of Town Hall, is justified. I was a big, I was a tremendous proponent of space, I am not, I think having space in Town Hall was a tremendously positive move. I am just curious what has changed everything, in your mind? Affordable housing as I put forth, it has been something that has been pounded around town, we have hired additional time, a lot of staff time, Town Board time, everything has been spent on affordable housing. Think about this for a second. If I asked you right now, where March 29, 2005 47 Southold Town Board Meeting are we stand today with affordable housing, where do we want to go and how are we going to get there; it can't be answered. Josh, if we put you on a ship right now and orders came down, take this ship to the next port, the question is going to be: where am I now, where is the next port and what do I have to get me there. SUPERVISOR HORTON: Mr. Yakaboski? MR. YAKABOSKI: Excuse me, can I just finish? SUPERVISOR HORTON: Just don't pretend to be a ships captain, okay? MR. YAKABOSKI: I think the analysis hit home because I can tell by your response. It is simply circling lost in the ocean. That is our affordable housing program. Circling lost out there. While we are focused all this energy on trying to get people into new homes, purchasing new homes, which is the focus of the affordable housing program, tremendous n umber of people are leaving town because the cost of living in town is increasing, is one of the reasons. I ask this Board, what has occurred in terms of trying to work on, how much time you spent trying to work on decreasing the cost of living in the town. one of your, for example, one of your main costs of living in town, one of the main portions of the tax bill, everybody pays rent, whether you rent or you own, you pay rent. If you own, you pay rent in the form of taxes. If you don't think you pay rent, don't pay your taxes for a couple of years and see what happens. The government comes and takes it away. Has the Town Board ever sat down with the School Board, which is 70 percent of the budget, to try to brainstorm on ideas to decrease the budget? How much time has the Town Board, under Supervisor Horton's leadership, spent brainstorming on how to raise money, other than by taxes at Town Board sessions? In addition, look at some of the responsibilities, look how the Town is set up. You have the Supervisor and your Department Heads. This Town is blessed with excellent, excellent Department Heads. Police Department is handled. Jim Bunchuck handles the Landfill area. Pete Harris handles all the Highway. Karen handles all the Human Resources down at the center in Mattituck and everything with that. What is left? These main projects. What is not done? These main projects. And I think, I am looking for some feedback. Maybe I am wrong, maybe there are some things that I just missed, that the Board felt was so superlative, so over the top that they justified an increase of that position, that amount of money for that year and I am looking for some input on that question. COUNCILMAN ROMANELLI: Are you talking about the increase in the Supervisor's salary? MR. YAKABOSKI: The $20,000. That is correct. SUPERVISOR HORTON: (Inaudible) it certainly isn't debating forum. COUNCILMAN ROMANELLI: No. But I can give him the answer. SUPERVISOR HORTON: Certainly. Feel free. COUNCILMAN ROMANELLI: It came about over when we looked at salaries and looked at the hours involved in that job and the fact that the salary didn't raise for, I am going to go back to Jean Cochran's administration, when you were on it and you remember Jean saying "I am not going to take March 29, 2005 48 Southold Town Board Meeting a raise" and it didn't raise for I think almost eight to ten years. That we all felt, as a Board, that it was time and it was an underpaid job for the hours and effort that was involved to do what was necessary to do this job. And we also compared it to every other town on Long Island and we are still really the second lowest. The next lowest is Shelter Island, so we are still below every other town and I believe this Board is unanimously felt it was a justified move at the time. And that was the rationale behind it. MR. YAKABOSKI: Mmmhmm. With the, and I understand that John, what you are saying, and I appreciate your comments and I also appreciate the Board taking the time, I know it is late in the evening, I know you have been here a long time and I know how it is to sit up there not in a Board member position or Supervisor position but just being up there, it can really be very taxing. But John, to pick up on what you said, comparing to the other towns? Right now there is a lot of contract negotiations going on with the employees of the Town and my question is, was there a report done to look at, have you looked at all the other positions? Highway compared to Highway in Southampton, Highway in East Hampton, Highway in Riverhead? Was that looked at also? COUNCILMAN ROMANELLI: Some of them were looked at, not all of them. Some of them were. MR. YAKABOSKI: I am just curious if that .... COUNCILMAN ROMANELLI: They are all closer to the realm of what the neighboring towns are in .... MR. YAKABOSKI: I don't know. I really don't know. COUNCILMAN ROMANELLI: .... than the Supervisor. The Highway Department was, your Police Chief was, you know even that is a, so the Supervisor was the one salary that was the farthest behind any other comparable town. Now, we didn't do it just to be equal with all the other towns, we also did it because, you just said it, it is a taxing, long houred, seven day a week, 365 days a year to not just sit up here at these meetings and listen to the public but it is a non-stop, every day approach that if you want someone to do the job in that manner, they deserve to be compensated for the hours and effort that is involved. MR. YAKABOSKI: And as the Supervisor mentioned early, getting people speaking to you at the grocery store, outside of Town Hall, things like that and I appreciate that, so I was just trying to clarify. Because I hear a lot of people... SUPERVISOR HORTON: I think that... MR. YAKABOSKI: ... patting each other on the back. SUPERVISOR HORTON: I think, excuse me, I think Mr. Romanelli just made that clarification. MR. YAKABOSKI: And I thanked him for that. SUPERVISOR HORTON: Indeed. March 29, 2005 49 Southold Town Board Meeting MR. YAKABOSKI: And I appreciate that because I was just trying to figure out whether or not there were some stellar steps that had been done by the Supervisor, stellar actions, or was it simply a matter as you pointed out, an underpaid position. And because I had heard a lot of, in the papers again, I treat that with a grain of salt, what is in the papers, a lot of back slapping... SUPERVISOR HORTON: That is not very nice. I treat the papers with the highest regard, Mr. Yakaboski. MR. YAKABOSKI: ...there was a lot of back slapping about how wonderful things are going on. I am looking at things and I don't see some of the main topics that have been put forth .... SUPERVISOR HORTON: Mr. Yakaboski? MR. YAKABOSKI: .... accomplishments done. And I am just asking about that. SUPERVISOR HORTON: Well, you are starting to repeat yourself. You have made that point clear. MR. YAKABOSKI: In addition, one of the other questions that I had, and this is probably specifically towards Josh, one to repeat the, I am really curious as a citizen as to 1., what changed your mind as to the space needs and the cost of those space needs for the Town? Number 2, we also talk about the preservation of people for the Town of Southold, that is one of the big planks that is out there, that people talked about. I am curious as to what that means? SUPERVISOR HORTON: Okay. You can catch me at the grocery store one day. MR. YAKABOSKI: I didn't think you had an answer. SUPERVISOR HORTON: I have an answer, Mr. Yakaboski. MR. YAKABOSKI: I don't hear it. SUPERVISOR HORTON: Okay. MR. YAKABOSKI: I didn't think so, Josh. SUPERVISOR HORTON: Mr. Yakaboski? You are antagonizing comments are recognized and appreciated and .... MR. YAKABOSKI: As are yours. As are yours. SUPERVISOR HORTON: .... you can stop into my office at some point, some Wednesday evening. MR. YAKABOSKI: Josh, I wrote your office. I haven't heard in 40 days, 35 days from your office. I called several times. I realize you were out of town for a week, I did. SUPERVISOR HORTON: Okay. March 29, 2005 50 Southold Town Board Meeting MR. YAKABOSKI: I am simply, it was a fair question. My last point tonight goes back to the TDR legislation, which was put forth the other day and it goes back to the fact sheet, Tom, that I talked about, which was put forth about six weeks ago. COUNCILMAN WICKHAM: The sanitary flow credits? MR. YAKABOSKI: Yeah, the sanitary flow, correct. When this Board, as any Board puts forth legislation, most of the facts and the ease of getting those facts and that information, rests with the Board. If you think of an analogy of a corporation, management team and also owners, it putting forth a proposal to the owners of a corporation, the people here. They come in the night to sit down, hear what is going on and get that information. I thought it was, disrespectful is too strong a word, I can't think of another word at the moment, okay, that when questions were asked for example, 'where would this apply?' 'are the C and R's written?' 'do we have written approval from the Health Department?' 'how is (inaudible) has there been GIS studies on it, of the impacts of it?' 'why isn't it done in the hamlet centers?' A lot of those answers were, 'oh, how is it going to be priced when it is sold?' 'what does reasonable mean with respect to the school districts, transferring between school districts?' A lot of the answers that came forth that night were along the lines of, 'we are not sure, we are going to get to some of those things later.' And some of the information came out about it, it was stressed in this case by the Supervisor, two points, one, that there were no other affordable housing districts zones out there so people didn't really have to worry about those. There are three existing affordable housing district zones. SUPERVISOR HORTON: I didn't say that, Mr. Yakaboski. MR. YAKABOSKI: It is in the record. In addition, you can read the record, Josh, in addition it was pushed strenuously by the Supervisor that evening that this was not a TDR plan. I understand, it is nice to have an opinion, hope something is as you say it is, the black and white of that written law states that a sanitary flow credit is a development right. You are transferring development rights from one place to another. The title of the law is Transfer of Development Rights. It is difficult and I wish the Board, I am not trying to come across in an antagonistic manner, I started off my comments and hoped they were not treated as an attack, that the Board recognize how difficult it is for folks out here, I know a lot of questions to ask but it is difficult for me, how difficult for everybody to get the information and for the Board to take the time, prior to the public hearings or address at the public hearing that evening, come up with as much comprehensive information as possible, I think thinking about whether or not the question came up about sanitary flow credits, how many are, where are they going to impact was an obvious one. And I will lever my two questions to Josh is one, well, you didn't want to answer one, the last one was the, just the rationale for switching on Town Hall. I am just curious. SUPERVISOR HORTON: It was never a switch, Mr. Yakaboski. In fact, as I recall when I first took office, yours and your former bosses Supervisor Cochran's plan was a $6,000,000 Town Hall. Myself and the rest of the Board, including Councilman Romanelli, agreed that that was excessive. We and there was a lot of discussion back and forth about what to do with the Whitaker House, so myself and the Board in the past 18 months did come to agreement, declare that surplus, actually it was declared surplus prior to this Board but sold the Whitaker House to the tune of I believe $350,000 and the, in March 29, 2005 51 Southold Town Board Meeting fact, a lot of your question dates back to Executive session conversations that you were part of and privy to and now the deal with the bank building is done and I would be happy to speak publicly on it but one of the points that I think the whole Board subscribed to when we were negotiating the lease with Mr. Kanas for North Fork Bank, one of the points that we all subscribed to was having a two campus Town Hall would maybe for the short term alleviate some of the space situation that we have on our hands now but Tom Wickham, I think John you will recall this and Tom, you as well, was emphatic and made a very good and valid argument that we should look at this not as a long term solution and I remember lengthy discussions with Councilman Moore as well when we were having those negotiations, that North Fork Bank building, the annex if you will, is not a long-term solution and I committed to that agreement with the Board, I said, you know, 'okay' and I was hoping that it was a long term solution and after a lot of discussion with the Board and department heads I have been, I believe that a two campus Town Hall situation is not the most efficient way to deliver our services. It is not the most efficient way to greet the public if you will, from department to department. Also from a financial point of view, at the end of 20 years or 30 years, however long we can stay at North Fork Bank, we still don't own that properly. So it is a good possibility at the end of 20 years or 25 years or 30 years, the Town will be looking for yet another home. And I don't think that that's a responsible situation to leave the community in and the Town employees and Town Hall in general. So what is being worked on right now is the use of commercial grade modular construction, which has, through the guidance of Councilman Romanelli, he has done quite a bit of work on that, and I guess I can say in regard to the issue as a whole, I left my mind open and I was brought around to another point of will, if you will. And I believe that a one campus Town Hall facility is better for the long term needs the town. I think financially at the end of 20 years or 30 years, if we went that direction, we would own the building. I think it is an opportunity to provide a separate court facility from the inner workings or the everyday operations of the Town, other Town offices. So I think financially, I think it is the smarter way to go, particularly with the bond market being what it is now, the rates are favorable for the Town. So, there still obviously planning and work to be done on that front but in regard to my view on it as a whole, I guess I would simply say that I left my mind open to it and I did quite a bit of my own research and some of that grounded in my own experience here in with the physical plant was brought around to the point of view I didn't initially have. MR. YAKABOSKI: Again, the question simply centered, I appreciate I think that the one campus is a good solution, I appreciate the fact that you did change your mind, I mean, I am sorry, I have visions in my head of you slamming the thing and talking about Taj Mahal for town space and there was no need for town space. That was really what my question was about. Two last points, one to re-emphasize to the Town Board ..... SUPERVISOR HORTON: I would never slam my fist. MR. YAKABOSKI: .... and to the community, there is currently no, there is currently no objective standard by which anybody can judge the success or failure of the affordable housing program in the Town of Southold. I am asking the Board, I am imploring the Board, it is up to you, I can't make you do anything, to establish an objective standard of how many units you are looking for? What are you looking for? Number two, with respect to communication, it is my understanding that over the years Josh has been here, there has been three or four department head meetings only. SUPERVISOR HORTON: Mr. Yakaboski, before you... March 29, 2005 52 Southold Town Board Meeting MR. YAKABOSKI: Josh, can I just finish please? I am just trying to finish. SUPERVISOR HORTON: You are about to comment and cast aspersions in regard to how I manage departments and you know, some people may have department head meetings that have every department and other people may meet regularly individually with department heads, so your statements that I have only three department head meetings is entirely 100 percent false. MR. YAKABOSKI: How many have you had? SUPERVISOR HORTON: Excuse me? I meet with all my departments regularly. MR. YAKABOSKI: My point being to the Town Board, I just ask every Board member here is experienced and everybody has been in group experience that when people speak individually and that you bring to a table at a group, for example the Town Board, sometimes opinions change, new information comes out, it is a different entity. I would ask the Board, just suggest to the Board respectfully, that for information flowing into the Town Board it might be extremely helpful for the Town Board once in a while to have a department head meeting, with all department heads here, just to get a feel. See your department heads face to face as a group, get a feel what is going on. Number two and then again, these are concepts, that is all, it goes to communication is what it goes to, second thing was, is if that is not going to be done, perhaps bi-weekly or monthly reports to each of the Town Board members directly from the department heads, not going through the Supervisor would be helpful. Just to get the information first hand. That is all. SUPERVISOR HORTON: Thank you, Mr. Yakaboski. MR. YAKABOSKI: Again, concepts I put out there for consideration. I appreciate the Board's time, thank you very much. Have a nice evening. SUPERVISOR HORTON: Have a good evening. Thank you, Mr. Yakaboski. Would anybody else care to address the Town Board? (No response) If that is the case, it brings us to the conclusion of the meeting. I thought this was a good meeting and I always look forward to the next one. Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:50 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