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HomeMy WebLinkAboutTB-06/07/2005SOUTHOLD TOWN BOARD REGULAR MEETING A Regular Meeting of the Southold Town Hall. Supervisor Allegiance to the Flag. Present: June 7, 2005 7:30 P.M. Southold Town Board was held Tuesday, June 7, 2005 at the Horton opened the meeting at 7:30 P.M. with the Pledge of 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 Town Attorney Patricia A. Finnegan SUPERVISOR HORTON: Welcome to the June 7, 2005 public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. Over the course of the evening there are several opportunities to address the Town Board on town related matters, the first being prior to reading and voting on any of the resolutions that are on this evening's agenda. We also afford the opportunity for the public to address the Town Board at the conclusion of the meeting, after the resolutions and public hearings have been held. Over the course of the public hearings, the public is also invited to address the Town Board on a specific hearing. So with that being said, I would like to 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 $251,803.32; General Fund Part Town bills in the amount of $21,809.08; Community Development Fund bills in the amount of $49,914.00; Risk Retention Fund bills in the June 7, 2005 2 Southold Town Board Meeting amount of $1,423.84; Highway Fund Part Town bills in the amount of $63,799.86; Capital Projects Account bills in the amount of $13,692.83; Community Preservation Fund (2% tax) bills in the amount of $3,536.53; New London Terminal Project bills in the amount of $1,739,884.62; Employee Health Benefit Plan bills in the amount of $9,715.20; Fishers Island Ferry District bills in the amount of $61,271.36; Refuse & Garbage District bills in the amount of $26,887.79; Southold Wastewater District bills in the amount of $6.34; Southold Agency & Trust bills in the amount of $9,063.47 and Fishers Island Ferry District Agency & Trust bills in the amount of $45.08. 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 next Regular Meeting of the Southold Town Board be held Tuesday, June 21, 2005 at the Southold Town Hall at 4:30 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. I. REPORTS 1. Island Group Claim Lag Report through April 30, 2005 II. PUBLIC NOTICES 1. New York State Department of Environmental Conservation Notice of Complete Application of Anthony Spiridakis for a permit to construct a single family dwelling within 75 feet of Freshwater Wetland #SO-5 on Soundview Avenue, Southold. Written comments by June 17, 2005. III. COMMUNICATIONS None SUPERVISOR HORTON: If anybody would care to address the Town Board on specific resolutions, you are more than welcome to do so. Mr. Carlin, I please just ask that you state your name and place of residence clearly into the microphone so we can incorporate that into our record. FRANK CARLIN: Frank Carlin, Laurel. Good evening, ladies and gentlemen. SUPERVISOR HORTON: Good evening, Mr. Carlin. MR. CARLIN: 370, I believe that is part of the streetlights, that is part of the public hearing tonight, right? COUNCILMAN WICKHAM: Yes. SUPERVISOR HORTON: Yes, 370, there will be a public hearing on that piece of legislation. June 7, 2005 3 Southold Town Board Meeting MR. CARLIN: How about 365, what is that about? Amendments to streetlights, that is something else? SUPERVISOR HORTON: That is the SEQRA component of the legislative process. MR. CARLIN: Okay. One more. I notice this shows up quite a bit through the years, 355. When you say authorization modification to the 2005 Solid Waste district budget for maintenance supplies, what are you doing? Are you adding to his budget or taking away from his budget? SUPERVISOR HORTON: You are shifting money from within the budget. It is not adding or taking away. MR. CARLIN: Oh, you are shifting it within the budget. SUPERVISOR HORTON: Yes, exactly. If there is perhaps money on the line for fuel and fuel costs, if they have dropped, there might be a surplus there, it frees up some money to be shifted to another line, it enables that, frees up some money to be shifted to another line. MR. CARLIN: That is all I wanted to know. What I had in my mind, you know how I am, you was taking more money than you needed or he went over his budget and you are taking money from someplace else. But you are not doing that. SUPERVISOR HORTON: No. MR. CARLIN: Oh, that is fine. I will see you later. SUPERVISOR HORTON: Thank you, Mr. Carlin. MR. CARLIN: Thank you. SUPERVISOR HORTON: Would anybody else care to address the Board on specific resolutions? Yes, Mrs. Egan. JOAN EGAN: Good evening, Joan Egan, East Marion. Everybody can take one strawberry July 5th from Sep's farmstand, courtesy. You may even have one, Mr. Horton. SUPERVISOR HORTON: I am not sure if that is safe. MS. EGAN: I didn't poison it. SUPERVISOR HORTON: I have to be careful, you know, up here. MS. EGAN: We should have some portable fans. SUPERVISOR HORTON: Agreed. June 7, 2005 4 Southold Town Board Meeting MS. EGAN: You always agree but you never do anything about it. SUPERVISOR HORTON: Mrs. Egan, do you have resolutions you would like to address? MS. EGAN: Don't rush me. SUPERVISOR HORTON: Please continue. MS. EGAN: Ahh, don't rush me. Not too many. 352, where is Gatz Landscaping from? SUPERVISOR HORTON: Mattituck. MS. EGAN: Owners, Southold people? SUPERVISOR HORTON: Mattituck. MS. EGAN: Southold people own it. SUPERVISOR HORTON: Absolutely, Southold Town people. MS. EGAN: Good. Now, number 355, that is the dump... SUPERVISOR HORTON: Yes, that is the resolution that Mr. Carlin addressed. MS. EGAN: .... and again, I can tell you that people are still very, very uptight about you closing it on Wednesday's and you know, maybe if they conserved and maybe if they took better care of their equipment we could open it on Wednesday's. People are... SUPERVISOR HORTON: Thank you. MS. EGAN: ... it is a very important factor. A lot of people get really, really annoyed at you... SUPERVISOR HORTON: Just on that note, I think it is really important to recognize that on Wednesdays is a dedicated day, since the transfer station is closed, A., we are able to save in the neighborhood of $100,000 a year in addition to and the maintenance of equipment is an important matter and Wednesday is a dedicated day where a mechanic has the opportunity to do weekly maintenance on the machinery, which will enhance the Town's preventative maintenance schedule. MS. EGAN: I'll tell you Mr. Horton, I find it hard to believe... SUPERVISOR HORTON: Okay but that is the case. MS. EGAN: ... I find it very hard to believe, same as I find it extremely hard to believe that you can't get a telephone hook up to over there. I .... SUPERVISOR HORTON: Are there other resolutions, Mrs. Egan? June 7, 2005 5 Southold Town Board Meeting MS. EGAN: What? SUPERVISOR HORTON: Are there other resolutions? MS. EGAN: Yes. SUPERVISOR HORTON: Which ones, please? MS. EGAN: Oh, this 359. Now, I think this is great, some of this ecology. I think it should follow through to more than just Horton's Point, though. The ecology out here with the weather changes has gotten terrible. I am speaking. I am speaking and when I am speaking, you are listening. SUPERVISOR HORTON: Mrs. Egan, if you would continue, please. MS. EGAN: So let's do something about the ecology in other places. SUPERVISOR HORTON: Okay. MS. EGAN: Now on number 348, you have Mr. Strang and Robert Brown being resigned and is that why we are doing the 368? SUPERVISOR HORTON: Yes. MS. EGAN: Now, these local laws. Is 370, a local law in relation to amendments to streetlight specifications, what is that about? SUPERVISOR HORTON: There will be a public hearing on that as soon as we can get through these. MS. EGAN: Don't rush me. Is 371 also being addressed at the public hearing? SUPERVISOR HORTON: Yes, it is. MS. EGAN: And 372? SUPERVISOR HORTON: Yes. MS. EGAN: Good. Now of course, those people who work in the dump, a lot of them are union people and you haven't signed their contract. SUPERVISOR HORTON: They are all union people. MS. EGAN: Huh? SUPERVISOR HORTON: They are all union. MS. EGAN: Oh, I will be talking about that after the meeting. June 7, 2005 6 Southold Town Board Meeting SUPERVISOR HORTON: Thank you, Mrs. Egan, very much. Would anybody else care to address the Board on specific resolutions? Yes, Mr. Nickles? JOHN NICKLES, JR.: John Nickles, Jr. Resolution 348. SUPERVISOR HORTON: Yes. MR. NICKLES, JR.: What are the reasons given why Mr. Strang and Mr. Brown decided they were going to resign from the Architectural Review Board? SUPERVISOR HORTON: If you like, I can actually make available to you their letters of resignation but in short, they had served for over 10 years, since the Architectural Review Commission's inception and I think they felt disillusioned as a result of a difference of opinion as to how address a recommendation from the Architectural Review Commission by the Planning Board. MR. NICKLES, JR.: The Planning Board did not address it the way that these two Board members wanted them to address it? SUPERVISOR HORTON: That is correct. There was a difference of opinion. There was a compromise made but essentially, that was one of the reasons but also I think they felt, I think this was articulated clearly in their letters of resignations but that they had served for quite some time. MR. NICKLES, JR.: Okay. Resolution 369, was there a particular case that has brought this legislation forth? SUPERVISOR HORTON: Which is this now? COUNCILMAN WICKHAM: This is 369. SUPERVISOR HORTON: Oh, 369. This is... MR. NICKLES, JR.: And the reason for the resolution? SUPERVISOR HORTON: Well, the resolution is a, I believe there is a, we have a public hearing on that this evening, so we have public hearing on it that is the reason the resolution is on the agenda, because the possibility does exist that the Board would enact that after the public hearing. So the reason for the legislation is currently when a property or a business is out of compliance with their site plan, the only method the Town has to, through enforcement, is through the Supreme Court of the State of New York and this would give the ability to the Town to actually have enforcement power to bring, to ensure that a property comes into compliance with their site plan. For example, the Cross Sound Ferry, I believe is an example of that. The Cross Sound Ferry is out of compliance, it has been out of compliance for site plan for two years. The Town Board has very little legal authority to force them into compliance. It has to be handled in court and we figure, a small town with home rule, we should have the ability to ensure that what has been agreed upon on paper, permitted through a public hearing process, is in fact carried out. June 7, 2005 7 Southold Town Board Meeting MR. NICKLES, JR.: Thank you. SUPERVISOR HORTON: Thank you, Mr. Nickles. Are there other questions from the floor on the resolutions? Yes, ma'am? Are you for the stop sign hearing? UNIDENTIFIED: Yes. Resolutions that I just wanted to ask questions about? SUPERVISOR HORTON: Certainly. UNIDENTIFIED: Okay. The resolution 366, I just wanted to know what 'SEQRA' is? SUPERVISOR HORTON: Good question. I am glad you asked that. UNIDENTIFIED: My name is Sharon Card in Mattituck. SUPERVISOR HORTON: Indeed. Actually, I appreciate that because so often people who come to Town Board meetings come often and are familiar with our government acronyms and lingo or language, if you will. SEQRA stands for State Environmental Quality Review Act and it is a process and there are different levels of SEQRA and there are different thresholds that require lesser or greater environmental review. The Town, anytime the Town takes a legislative act, we have to have that piece of legislation reviewed in some way through the SEQRA process. This, the Elijah Lane stop sign, is a matter that I believe is an unlisted action? TOWN ATTORNEY CORCORAN: No, it is a Type II action, there is a specific list of actions that are exempt from review and one of them is the installation or in this case the potential removal of a traffic control device. SUPERVISOR HORTON: So it is a Type II action and we are declaring it as such for legal purposes. MS. CARD: And then at 8:15 you will have a public hearing about talking about it? SUPERVISOR HORTON: Yes. Or sometime, either 8:15 or thereafter. MS. CARD: Oh, okay. Thank you. SUPERVISOR HORTON: Thank you. Are there other questions on specific resolutions? (No response) Then we will move forward with Councilman Romanelli and resolution 346. #346 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert J. Conwav to the position of Bay Constable in the Southold Town Police Department Marine Division for the season starting June 10, 2005 and ending September 14, 2005 at a salary of $15.13 per hour. SUPERVISOR HORTON: I would like to welcome Mr. Conway back. COUNCILMAN WICKHAM: Is this the former policeman? SUPERVISOR HORTON: Yes, Bobby Conway. The Bobby Conway. June 7, 2005 8 Southold Town Board Meeting COUNCILMAN ROMANELLI: It is nice to have him back. SUPERVISOR HORTON: Yes, it certainly is. He puts a lot into the job and he loves the department and the Town. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #347 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby establishes a rate of pay for part- th-ne Legal Stenographer at $16.50 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. #348 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignations of Robert I. Brown and Garrett A. Strang from their positions on the Southold Town Architectural Review Board~ effective immediately. SUPERVISOR HORTON: I would also request that added on to this resolution that the Town Board hereby extends their gratitude for the years of service on the Architectural Review Commission and the Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #349 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby releases Ja?me Martin from her position of part-th-ne Clerk Typist in the Zoning Board of Appeals effective June 12, 2005. RESOLVED that the Town Board of the Town of Southold hereby appoints Ja?me Martin to the position of part-th-ne Legal Stenographer in the Zoning Board of Appeals, effective date June 13, 2005 at a salary of $16.50 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. #35O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane~ Cutchogne~ New Yorlq from 7:00 a.m. to 5:00 p.m.~ Saturday~ July 2~ 2005~ in the interest of public safety during the Cutchogne-New Suffolk Historical Council "Annual Antiques Show and Sale" on the Village Green~ 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 contact Lt. Flatley at least ten (10) days prior to the event to coordinate traffic control. June 7, 2005 9 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #351 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals (RFP) for engineering services for the planning, design and development of a project that would underground all overhead utilities lines and develop kayak and bicycle access along two (2+/-) miles of State Route 25, Orient/East Marion Causeway. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #352 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gatz Landscaping, Inc., in the amount of $46,300, for the grading and seeding of the sports playing fields, at the Strawberry Fields Fairgrounds. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #353 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and Gatz Landscaping Inc. in the amount of $46,300, for the grading and seeding of the new sports playing fields at Strawberry Field Fairgrounds, subject to the approval of the Town Attorney. COUNCILMAN ROSS: I would like to thank Jamie Richter and Jim McMahon for their work in putting the bid package together. We are looking forward to additional fields at Strawberry Fields. These improvements will result in two large fields in the northwest corner. The bids came in between $46,300 which is the low bid that is being awarded tonight and $235,000; to show you what a spread there is.. SUPERVISOR HORTON: Wasn't a difficult choice. COUNCILMAN ROSS: ... there were six bids and we are looking forward to the fields and thank those gentlemen for the work. SUPERVISOR HORTON: Thank you, Councilman Ross. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. June 7, 2005 10 Southold Town Board Meeting #354 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Kalin to the position of permanent full-th-ne Secretarial Assistant in the Southold Town Planning Department Board effective June 9, 2005 at a salary of $41,896.52 per annum. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #355 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold modifies the 2005 Solid Waste District budget~ as follows: To: Appropriations SR.8160.4.100.550 SR.8160.4.100.596 SR.8160.4.600.200 Maint/Supply Komatsu Loader Maint/Supply Tub Grinder 2 Meetings and Seminars $ 2,000.00 $ 3,000.00 $ 2,000.00 From: Appropriations SR.8160.4.500.150 Groundwater Monitoring $ 7,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED June 21, 2005 by Resolution #392 #356 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Denise Heyse to the position of Planner Trainee in the Southold Town Planning Department effective June 27, 2005 at a salary of $37,778.66 per annum. COUNCILMAN ROMANELLI: I would also like to just clarify that she is a trainee that is going to be sort of a site plan assistant. She is not just going to fall into subdivision side of things. I would just like to make that clear. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #357 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the Fishers Island Harbor Committee~ for a five year term effective May 15~ 2005: Geb Cook representing Fishers Island Conservancy Reynolds duPont Jr. representing Pirate's Cove Marine June 7, 2005 11 Southold Town Board Meeting Reynolds duPont Jr. representing Goose Island Corporation Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #358 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 Partial Pawnent Request No. FOUR (Form 271) and Partial Payment Request No. TWO (Form FIN-190) in relation to the Elizabeth Field Airport Apron and Taxiway Stub (Construction) Grant, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #359 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christina Richards, Department of Ecology, SUNY Stony Brook, to conduct a research project on Japanese Knotweed, on the Town's property, at Horton's Point, Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #36O Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby approves a stipend in the amount of three thousand dollars ($3,000.00) per annum to be paid to the LWRP Coordinator, effective May 26, 2005, chargeable to the 2005 Planning Department budget, said amount of stipend to be reviewed for appropriateness by the Town Board in six months. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. No: Councilman Romanelli. This resolution was duly ADOPTED. #361 Moved by Councilman Romanelli, seconded by , it was RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 199 originally adopted at the April 12, 2005 regular Town Board meeting, and previously amended by Resolution No. 320 adopted at the May 24, 2005 regular Town Board meeting, to read as follows: RESOLVED that effective June 7, 2005 said employee leave without pay under the FMLA, be extended for one month until July 5, and will remain on the Town's group heath insurance at no cost to the employee from this date through and including July 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. June 7, 2005 12 Southold Town Board Meeting This resolution was duly ADOPTED. #362 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Budget Whole Town 2005 budget as follows: From: A.2025.00 To' A.1620.2.500.425 Vote of the Town Board: Special Recreational Facilities Park & Playground $30,000 Building & Grounds, Capital Outlay Tennis Court Improvements $30,000 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #363 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise for bids for the repair and resurfacing of two (2) municipal tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, Office of the Town Engineer. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #364 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Violations of an Approved Site Plan" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further 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. #365 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Streetlight Specifications" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further 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. #366 June 7, 2005 13 Southold Town Board Meeting Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Stop Signs on Eliiah's Lane" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further 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. #367 Moved by Councilman Edwards, seconded by Councilman Wickham, 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 Construction Specifications for Roadways in Conservation Subdivisions" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency and issues a Negative Declaration for the action. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #368 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Glynis Berry and Ural Talgat as interhn members of the Architectural Review Committee, to serve in such capacity until December 31, 2005. COUNCILMAN ROMANELLI: Yes, just so I am clarified, are we not going to advertise for permanent people until then? SUPERVISOR HORTON: We are, we passed a resolution on that. COUNCILMAN ROMANELLI: Did we? Did we do that earlier? SUPERVISOR HORTON: I believe an earlier resolution... COUNCILMAN WICKHAM: Yes, last meeting, I think. SUPERVISOR HORTON: Yes, at the last meeting. Good point, though. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. COUNCILMAN ROMANELLI: The next one, we have to wait for the public hearing. SUPERVISOR HORTON: Yes. COUNCILMAN ROMANELLI: The next three. SUPERVISOR HORTON: Very good. COUNCILMAN ROMANELLI: The next four. June 7, 2005 14 Southold Town Board Meeting SUPERVISOR HORTON: The next four. We actually are, this is a very unique circumstance, where we are slightly ahead of schedule. As per the law, the Town Board cannot open the public hearing prior to the time for which it was published. So if it was published for 8:00 or 8:15, we are legally bound that we start at that time and not before. Actually, does any Board member have something that they would like to bring forward? An initiative that is being worked on? I certainly could do it, I always have a lot to say. Okay. Great. Well, then what we will do is we will afford the floor to the public to address the Board on town related items and then at 8:00 we will break for public hearing. Yes, Mr. Corwin. DAVID CORWIN: My name is David Corwin. I live in Greenport. And I would like to read you something out of New York State law, section 381 motorcycle equipment. "No person shall operate a motorcycle on any highway which is 1. Not equipped with a muffler to prevent excessive or unusual noise. 2. Equipped with a muffler from which the baffle plates, screens or other original internal parts have been removed or altered. 3. Equipped with an exhaust device without internal baffles, known as straight pipes or 4. Equipped with an exhaust system that has been modified in a manner that will amplify or increase the noise emitted by the motor of such vehicle above the emitted by the exhaust system originally installed on the vehicle." On any weekend afternoon, Southold Town is descended on by hordes of motorcycles. The vast majority of these have straight pipes. Straight pipes are clearly illegal in New York State. These vehicles are a blight on Greenport and Southold Town. Main Street in Greenport sees hundreds of these obnoxious machines on a continual basis. They are illegal, they are outlaws. It is the image they cultivate. The image they want they want. They are a scourge. I suggest members of the Southold Town Board take a field trip to Greenport on a Sunday afternoon to experience this blight first hand. It may be quiet on Park Avenue or Woodcliff Drive. It is not on the streets of Greenport. On Memorial Day, I called the Chief of Police to complain about motorcycle noise. He took umbrage when I told him he was not doing enough. He is not doing enough. Sunday last, I called the Southold Town Police to complain. While I stood on my front porch with an officer discussing the issue, scores of motorcycles with straight pipes went by. The officer told me he knew nothing about motorcycle mufflers, I should contact and I use this in quotes "Code Enforcement Officer Linda Ortiz" to come out with a sound meter. There is no code enforcement in the Village of Greenport, as you know. The officer went on to tell me that he would be sued if he gave a ticket to a motorcyclist with a straight pipe. Give me a break. The Greenport Village Board is not responsible for enforcing vehicle and traffic law in the Village. The Southold Town Board is. The Greenport Village Board's inane idea to handle the noise from motorcycles is to put up banners at the entrance to the Village that read 'Please ride quietly' and to have residents place signs on their front lawns requesting that motorcycle riders don't make noise, a sure invitation to rev up the engine and make more noise. I find this insulting. Fortunately, it is the Southold Town Board's job to address this issue, not the Village Board's. At the end of last summer, I attended a public meeting called by the Mayor of Greenport that I must assume was designed to humiliate the Southold Town Police Department. It did humiliate the Chief and his Lieutenant. The leader of a motorcycle group called ABATE, that is ostensibly in existence to promote quiet riding and I quote, "I ride a loud motorcycle." Read that as, I ride an illegal motorcycle with straight pipes. Another motorcycle person indicated that the riders spend time in the clam bar, read: we drink beers in the bar and then ride. The American Civil Liberties Union's representative's, who appeared somewhat befuddled at their part in this mockery, said there was nothing wrong with roadblocks to stop motorcycles. The police officer I spoke to Sunday indicated that the motorcyclist's travel from winery to the next, consuming alcoholic beverages and riding under the influence of alcohol. The motorcycle situation is at a tipping point. It June 7, 2005 15 Southold Town Board Meeting is time for the Southold Town Board to demand serious action from the Southold Town Police Department inside the Village of Greenport and inside Southold Town. I have brought this issue up before and heard all the excuses. It is time for action. I can see the letters in the Suffolk Times now. Loud pipes save lives. We all know this is a red herring. The motorcyclists have been driven from other communities that chose to enforce vehicle and traffic law. They have come to the end of the line and it is time for Southold Town to take real action. The excuses have been used long enough. One final thought, bad always drives out good. Thank you. SUPERVISOR HORTON: Thank you, Mr. Corwin. And Mr. Corwin, if I could, I appreciate your comments and I think they are fair criticisms and I think your points are well made. I will tell you that the Southold Town Police Department has been directed by me to not forgo check points, not just for motorcycles but for all vehicles. We did several over the course of last summer and they proved to be effective and they also proved to be controversial with certain members of the community but that controversy has not in any way dampened the spirit of the Southold Town Police Department or by the Town Board to continue enforcing the law. Can we do better than that? We certainly can and we will. We will. Certainly I welcome the signs and the banners if they are helpful, then naturally they are welcome. But the Police Department is not going to cease enforcing vehicle and traffic law as it pertains to motorcycles or as it pertains to four-wheeled vehicles as well. And in fact, there is a, excuse me, I hadn't broadcast this island wide or throughout the Town but there will be a check point scheduled for this coming weekend. And we will continue those efforts throughout the course of the summer season. And also police officers and I would like the name of the officer that you spoke with and I would like to talk to you one on one in regard to more details in that conversation but the Police Department, those patrolling not only the Village of Greenport but also the hamlet areas of Cutchogue and Mattituck and Southold have been instructed to whether it is on bicycle, foot or car patrol to do more enforcement within the hamlet areas as well, in addition to checkpoints. So we will continue to strive with that and we will do a better job this summer. I felt that a lot of the feedback I received was that we made large steps last summer but we have to take more and I appreciate you coming out tonight, your comments are well-received, your criticisms are fair and we will make sure that the Police Department continues to enforce vehicle and traffic law in the Town of Southold. Thank you. We have public hearing scheduled and we will commence with our first public hearing. Moved by Supervisor Horton, 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 four (4) public hearings on the matters of (1.) HEARING ON "A LOCAL LAW IN RELATION TO VIOLATIONS OF AN APPROVED SITE PLAN"; (2.) HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO STREETLIGHT SPECIFICATIONS"; (3.) HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO CONSTRUCTION SPECIFICATIONS FOR ROADWAYS IN CONSERVATIONS SUBDIVISIONS" AND (4.) HEARING ON "A LOCAL LAW IN RELATION TO STOP SIGNS ON ELIJAH'S LANE." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We have a couple of more moments to go (before the public hearing set for 8:10 P.M.) I am a stickler for the rules. June 7, 2005 Southold Town Board Meeting COUNCILMAN ROSS: We have got a minute. SUPERVISOR HORTON: Yes, two minutes. 16 COUNCILMAN ROSS: With two minutes, ifI may, Supervisor? SUPERVISOR HORTON: Please. COUNCILMAN ROSS: Before the next meeting on Father's Day weekend, the Mattituck Lions will be holding their annual Strawberry Festival, so I just wanted to bring it to the attention of those assembled at the meeting and those listening on TV. The Lions Club is an international organization organized locally in clubs. Its charge is to help the visually impaired and the blind and the money raised at the Strawberry Festival is put to that purpose. This is an organization and an event that has been going on for many years. The Mattituck Lions love to see all their guests but they especially like to see their neighbors from Southold Town. So, if you are not doing anything on Father's Day weekend, stop down at Strawberry Fields and have a piece of cake. SUPERVISOR HORTON: It is on Dan Ross. COUNCILMAN ROSS: Thank you. SUPERVISOR HORTON: Thanks, Councilman Ross. We will actually move forward, I was remiss, we actually had a hearing scheduled for 8:10 and we will proceed with that. Meeting reconvenedat #369 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 10th day of May, 2005, a Local Law entitled, "A Local Law in relation to Violations of an Approved Site Plan"~ and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given the opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 8 OF 2005 A Local Law entitled "A Local Law in relation to Violations of an Approved Site Plan" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose The intent of this change is to better enforce the Site Plan law, thereby creating a violation of an approved site plan. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-253. Approval of site plan required. F. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 100-285 of this chapter. June 7, 2005 17 Southold Town Board Meeting G. Failure to comply with a tenn or condition of an approved site plan shall be a violation of this article and shall be sub,iect to such penalties as are set forth in § 100-285 of this chapter. H G. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. 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, Supervisor Horton. This resolution was duly ADOPTED. #37O Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 10th day of May, 2005, a Local Law entitled, "A Local Law in relation to Amendments to Streetlight Specifications"~ and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given the opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 9 OF 2005 A Local Law entitled, "A Local Law in relation to Amendments to Streetlight Specifications . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to promote safety during response to accidents by facilitating the shut off of power in the event of damaged light pole fixtures. This amendment would also help ensure that new lighting fixtures shed light upon the street and not upon private properties. II. Chapter 108 of the Code of the Town of Southold is hereby amended as follows: § A108-47. Streetlighting specifications. Streetlight standards, luminaries, conduit, splice boxes, fuses and all related hardware for streetlighting systems shall be installed in all residential and commercial subdivisions. F. Wire and cable for lighting system circuitry shall be direct burial, copper, type RR-USE or XLP-USE with a minimum gauge of AWG No. 6. Wire shall be approved and complete installation shall meet all requirements of the National Electrical Code. All wire splicing shall be performed within approved splice boxesv. ..... v,.,~.;*~';~ rv~v~ at kan~ ke!e. All splices and connections shall be made using approved split bolt or compression-type connectors and shall be insulated using an approved waterproof method. Cable shall be buried twenty-four (24) inches below finished grade installed directly behind the curbing. Any and all wiring under a roadway, driveway, walkway, June 7, 2005 18 Southold Town Board Meeting sidewalk or other load-bearing paved surface shall be installed within one-and-one-fourth-inch galvanized rigid steel conduit. All cable terminations and splices shall be color-coded using Scotch Tape 2210 as follows: red - hot leg; white - neutral leg; green - ground. All underground wire and cable shall have caution tape installed at eight (8) inches below finish grade. G. Polyethylene splice boxes shall be Associated Plastics Splice/Valve Box # S1419 or approved equal and shall ma5' be installed at t~e base immediately in front of each streetlight pole for splicing and fusing. Splice boxes shall be installed so that the top of the installed box is at finished grade. Splice boxes shall be located behind the curb in front of each light pole. L. Streetlights to be installed on existing utility poles located on existing town property at all new intersections created by the subdivision shall be the developer's responsibility. All required Long Island Lighting Company permits as well as coordination and installation shall be obtained and provided by the developer. The installation shall be approximately twenty-five (25) feet above finish grade and shall meet all the requirements of the Long Island Lighting Company. Fixture type shall be Cobra Head with fifty-, seventy-five- or one-hundred-fifty-watt high pressure sodium as directed and approved by the Commissioner of Public Works and the Superintendent of Highways. The remaining assembly shall be an eight-foot arm with rubber bushing and grounding lug. Risers shall be Schedule 80, three-fourths-inch PVC. Wire shall be RHW-USE or RHH-USE with a minimum gauge of AWG No. 8. The new li~htin~ fixture shall be set perpendicular to the new street and shed light in the direction parallel to the existin~ Town road or through street. The power supplied to lights on existing utility poles in existing town rights-of-way shall be the responsibility of the Town of Southold. 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. 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, Supervisor Horton. This resolution was duly ADOPTED. #371 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 10th day of May, 2005, a Local Law entitled, "A Local Law in relation to Amendments to Construction Specifications for Roadways in Conservation Subdivisions", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given the opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 10 OF 2005 A Local Law entitled, "A Local Law in relation to Amendments to Construction Specifications for Roadways in Conservation Subdivisions". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - This amendment is intended to permit the Planning Board, with the approval of the Superintendent of Highways, to approve a minimum right-of-way of twenty-five feet, rather than fifty feet, for Conservation Subdivisions that consist of five or more lots. June 7, 2005 19 Southold Town Board Meeting Chapter 108 of the Code of the Town of Southold is hereby amended as follows: § A108-15. Construction specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: Specifications. [Amended 7-27-2004 by L.L. No. 14-2004] Minimum Right- Number of Lots of-Way Width Road Width Serviced by Road Zoning District feet) (feet) 5 3 5 and over All R Districts 50 16 (When developed at a density of R-200 15-1) or less.) (Drawing No. NOTES: 5 When development meets the minimum criteria for Conservation Subdivisions under Chapter Al06, Subdivision of Land, the Plannina Board may, with the approval of the Superintendent of Hiahways, approve a minimum riaht-of-wa¥ width of not less than lwent¥ five feet (25'). 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. III. 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, Supervisor Horton. This resolution was duly ADOPTED. #372 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 24th day of May, 2005, a Local Law entitled, "A Local Law in relation to Stop Signs on Elijah's Lane", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given the opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 11 OF 2005 A Local Law entitled, "A Local Law in relation to Stop Signs on Eli]ah's Lane". BE IT ENACTED by the Town Board of the Town of Southold as follows: IV. Purpose The recent installation of stop signage along Elijah's Lane at the intersection of Tabor Road has resulted in a public safety concern. Accordingly, it is necessary to remove the recently-added stop signage. V. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: June 7, 2005 20 Southold Town Board Meeting § 92-30. Stop intersections with stop signs. The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign on Direction of Travel At Inter- Location Section With (hamlet) VI. 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. VII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: Is there any discussion on this item? COUNCILMAN EDWARDS: Yes, I would like to get some clarification on one point, with respect to the third stop sign and I just don't remember. Was there no stop sign where Tabor enters Elijah's? I remember the discussions had to do with the stop signs on Elijah's but normally you would have a stop sign for a road entering, an arterial road would be a fairly normal thing to do. SUPERVISOR HORTON: That was there? Okay, so then... COUNCILMAN EDWARDS: Well, we are not proposing... SUPERVISOR HORTON: Then what we will do, as per this, I think we can amend this to leave that one, the Tabor, the one on Tabor that, the stop sign that would stop you from emptying out on to Elijah's Lane, leave that intact, in place, we can have this part of the record here... ASSISTANT TOWN ATTORNEY CORCORAN: Sure. Just state on the record what you want to do and what you are going to vote on and either if it is already in separately because this is the reverse of what you voted on before... SUPERVISOR HORTON: Right. ASSISTANT TOWN ATTORNEY CORCORAN: It may be that the original stop sign exists independently... SUPERVISOR HORTON: Okay, so what we will do, just to keep everything clear, this resolution, the intent of this resolution, the intent of this law is to remove two stop signs. The one that will remain is on Tabor and prevents traffic, has traffic stopped before entering Elijah's Lane. That stop sign will remain in place, as per the intent of this Board's action, voting on this resolution and this law. COUNCILMAN WICKHAM: And the two on Elijah's Lane itself would be removed? SUPERVISOR HORTON: That is correct. COUNCILMAN EDWARDS: With the understanding that we are only referring to those two stop signs. SUPERVISOR HORTON: We have made that clear. COUNCILMAN EDWARDS: Well, I want it clear. JUSTICE EVANS: I would vote yes with the understanding that we are going to continue to look at this and there is a possibility of putting stop signs back in but with proper warning. I think we need to continue to look at how we are going to slow down traffic and not have that danger. June 7, 2005 21 Southold Town Board Meeting SUPERVISOR HORTON: I will be voting yes on this with the assurance that we should have, if there aren't enough, we should have more visible 'children at play' signs in the neighborhood and we also, in the words of Councilman Wickham several months ago when we were discussing this, a slew of tickets would go a long way and that is another thing we will address promptly. So, I vote yes. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. COUNCILMAN WICKHAM: I just hope I don't get the tickets. SUPERVISOR HORTON: Yeah, it will be Councilman Wickham who gets the ticket. Have an APB out for a big white station wagon. That concludes the resolutions, we open the floor to the public to address the Board on general town matters. Yes, Mr. Carlin. Thank you all for attending and thank you for the broad and articulate communication with my office on this matter. We appreciate it. MR. CARLIN: Good evening, ladies and gentlemen. Just for off the record, I live on the Main Road in Laurel and you would be surprised, almost every day, 18 wheelers come and stop in front of my house, not sure of making the bridge clearance or not. So ifI am home, I will go out and the first thing I will say to the driver is, "Are you more than 13'6", which is the state law" and if he says no, go ahead. But sometimes I am not home and they stand there like, it was yesterday, a tremendous size 18- wheeler, I didn't get out in time, he tries to turn around, go into Camp Malloy and try to back out. Then there was one night, it was foggy and trying to back all the way down to Edmund Bokina's house in the fog. It is not easy. But the problem here is, they don't know but then I complain to the state and we had that bridge raised back in 1983 when a husband and wife and young girl was killed there from Connecticut or Rhode Island, I said to the state, well, why don't you put a sign up down the road a little ways indicating the clearance, like you had before you raised the bridge. They had it for 11'9". 11 '9" wouldn't make a tractor trailer, so many a roof come off a tractor trailer, I can remember that. I live in that house for 51 years. I also mentioned to Bill (inaudible), who was in charge of the signs at that time in '83, I said why don't you, when you complete the road here, why don't you put a sign up here? We can't do that because it is within state allowance now of 13'6", we can't go all around every place and put signs up. So that is what I live with. What I am trying to say here is, it is there and I have to live with it, what am I going to do? SUPERVISOR HORTON: We will make sure we get a sign up there, I will work with the State. MR. CARLIN: Don't put it in front of my house, though. SUPERVISOR HORTON: It will be right on your from lawn. The bridge in from of you. MR. CARLIN: Give them a chance to stop, okay? SUPERVISOR HORTON: You got it. MR. CARLIN: Because if my wife hears this, I don't know. But we got one sign the state put up there, I think it says, 'beware of deer'. That is alright. June 7, 2005 22 Southold Town Board Meeting SUPERVISOR HORTON: Jumping off the bridge, right. We, actually Councilman Wickham has indicated that he has tried to get the state to do that as well and we will move on that, see if we can't get either the MTA or the state. MR. CARLIN: It is very bad because, you know, a funny thing is across the bridge North Fork has their big sign right across the bridge... SUPERVISOR HORTON: Well, maybe we will ask John Kanas if he will just put it right in one of his ads. That way, we could kill two birds with one stone. MR. CARLIN: Okay, my main subject tonight... COUNCILMAN ROSS: Mr. Carlin, before we get off the railroad trestle, the New York State Department of Transportation has advised us they are going to be painting the trestle in 2006 and that we should advise people who might have input or an interest in that, so I am advising you and advising the public of that. They are going to paint it, so if you have a color choice, let them know. MR. CARLIN: Does that mean North Fork will have to take their signs off after they paint and North Fork will put the signs back on. COUNCILMAN ROSS: Very likely. MR. CARLIN: Okay. Well, tonight I am going to speak one more on television. About the (inaudible) situation. I didn't get a phone call from you at the last Board meeting after that, but that is alright, Josh, I know you were busy... SUPERVISOR HORTON: My office tried to call you yesterday and today. MR. CARLIN: Well, I have an answering machine but that is alright. That is alright. I know you are busy. SUPERVISOR HORTON: No, Frank, we... MR. CARLIN: When I say that is alright, Josh, that means look out. SUPERVISOR HORTON: Well, what I am telling you, Frank, is that we tried to call because we had some information, we had some follow-up. MR. CARLIN: I have an answering machine, I have an ID and all of that. But anyway, this is a little bit something different from what I was saying the last time. I say, and I hope that the next Board that we have here because you won't be here... SUPERVISOR HORTON: Does that mean I can leave? MR. CARLIN: The first of the year. That we make more use of Channel 22. June 7, 2005 Southold Town Board Meeting SUPERVISOR HORTON: I agree. 23 MR. CARLIN: That is a government education access channel and 80 percent of the time it is playing music and it is blue and yellow. That isn't educating nobody. That doesn't tell me nothing. We need to develop a system and don't laugh when I say this for somebody and call it public information meeting. That you open that up to the public once a week, for say an hour, like you did on your 'Supe in the diner' and appoint somebody to run this, like a Larry King type of guy, that knows what he is talking about and knows what is going on. SUPERVISOR HORTON: Like a Frank Carlin type of guy. MR. CARLIN: I am not speaking for myself, believe me. Invite the different people in the Town, you know the business people, the seniors and talk to them, get their opinion. You will learn a lot that way. Especially on election time. Invite the candidates to talk, to interview them. All bodies, it wouldn't be discrimination because you would invite the Republicans, Democrats, Conservatives and the whole thing. Either that as a group or separate. This way all the people in the Town will have a really an idea of what each candidate, what his program is. And what he, how he thinks. Rather than coming to Town Board meetings and reading it in the paper. Make use of it more. Make more education of it. Like for example, invite Acampora or LaValle. Talk about what is going on up in Albany. That is interesting to the people. See what Silver is doing and see what Bruno is doing and Pataki is doing, what they are up to. Because they run Albany. And this is what I suggest. Maybe it sounds foolish but it puts more value to the station... SUPERVISOR HORTON: It actually is a very good idea and the opportunity to do that... MR. CARLIN: It educates the people of the town... SUPERVISOR HORTON: ...the opportunity to do that actually exists right now and I have tried to make this clear in the past that any organization that or entity that would want to make use of that channel, has the right to do so. There are, few organizations have, I know there is a congressional program on there, there is also a gentleman who works for Southampton College and he talks about jobs and the local economy on eastern Long Island. I have a program on there and that program is designed specifically to raise awareness of other organizations in town. And so that channel is actually, I have spoken with a couple of different student organizations and actually tried to pique their interest and say here is a wonderful opportunity for you to get some AV experience and you know, have your show. Mattituck High School for example, has a wonderful morning show and a great news program that the students put on. They would be more than welcome to actually make use of this channel. MR. CARLIN: That is right. SUPERVISOR HORTON: So, while the Town Board shouldn't get in the business of, you know, coordinating programs, the channel itself is available to anybody in Southold Town that would have a program that would fall under the guise of government and education. MR. CARLIN: But you see, Josh... June 7, 2005 24 Southold Town Board Meeting SUPERVISOR HORTON: And we invite that. MR. CARLIN: ... the Town Board controls channel 22 on programming. SUPERVISOR HORTON: Actually it doesn't, yeah, but it will, we are required to, it doesn't yet... MR. CARLIN: Right. SUPERVISOR HORTON: ... it doesn't yet but by the year end, there will be what is referred to as an insertion point in one of the Town buildings, where the actual control of channel 22 will be in a town facility. So if there is an organization that has a program, they will be able to upload it to the system and have it air on channel 22. MR. CARLIN: You have to appoint, though, a director to control that .... SUPERVISOR HORTON: Actually the contract calls for a committee to control that. MR. CARLIN: A committee? SUPERVISOR HORTON: Yeah. MR. CARLIN: A director or committee, whatever you want. SUPERVISOR HORTON: Yup. MR. CARLIN: But and open it up for everybody... SUPERVISOR HORTON: Frank, it is open. MR. CARLIN: ... but even the man right here can put on an interview for half an hour. SUPERVISOR HORTON: It is open and the key is getting people and organizations to actually take initiative to make use of the channel. It is open right now. If you want to have a show... MR. CARLIN: I never knew that, though. I didn't know it till you told me. SUPERVISOR HORTON: Okay. If you want to have a show, Frank, you can have a show. MR. CARLIN: I don't want to... SUPERVISOR HORTON: No, that is what I am saying. It is open right now. It is open to anyone in the community or organization, they have the right to that channel and I encourage that. I think it would be a great thing to have more, there are so many thriving organizations in this town, my little effort to raise awareness of those organizations would be greatly stimulated if the organizations themselves or people themselves would make use of the channel. It is a great opportunity for people. June 7, 2005 Southold Town Board Meeting MR. CARLIN: I understand that. 25 SUPERVISOR HORTON: So your points are well made. MR. CARLIN: But until tonight I did not know that that was that way. SUPERVISOR HORTON: I tried to explain that at the last meeting. MR. CARLIN: A lot of people in the town didn't know that either, that it is open to the public. It is open to the town, I understood, and you control what programs you want to put on here and how long they want to be on there .... SUPERVISOR HORTON: But we don't control, that is what I tried to explain at the last meeting, Frank. MR. CARLIN: I never knew they were open to the general public. SUPERVISOR HORTON: Okay, well sorry. I tried to communicate it at the last meeting. I should have done a better job, obviously. MR. CARLIN: But consider that. I think it is a good idea. Even invite a doctor on for half an hour and the subject would be how to prevent a heart attack, that is educational. People want to hear that. Anything like that. You know? A man is in a business or something or a man who is a vineyard owner. How you doing with your vineyards and Ed Siegmann on taxes. But you know, I think the seniors would like that. SUPERVISOR HORTON: I think that would be great. I think... MR. CARLIN: But a lot of them can't get out (inaudible) and they want to watch TV. SUPERVISOR HORTON: Well, people need to take the initiative to develop a show and have it taped and put it on the air. Because it is there for you. MR. CARLIN: Okay. Now, I have got a few simple questions here that I want to ask you and then I am going to quit tonight. The CSEA contract, has that been settled yet for the employees here of the town? SUPERVISOR HORTON: We have been told that there has been, I don't know what the proper terminology, there was a an anonymous ballot in support of moving forward and we, the town, is waiting to hear back from the CSEA negotiating team as to when a vote would take place. So we're poised and ready to act as soon as the CSEA votes to accept the contract language. MR. CARLIN: It is too bad because they are over now two and a half years, these people deserve a raise like anybody else. SUPERVISOR HORTON: And Frank, the Town Board feels the same. June 7, 2005 26 Southold Town Board Meeting COUNCILMAN ROMANELLI: We are not holding anything up. SUPERVISOR HORTON: Yeah, the Town... MR. CARLIN: Okay, that's all I want to know. SUPERVISOR HORTON: But the point is, you are right, the employees that work for the town deserve the raise and deserve a settled contract and we are, we have been aggressively pursuing settling that and striking the balance of what is in the best interest of the employees as well as what is in the best interest of the entire tax paying community of the town. MR. CARLIN: The second one is unforgettable, how are we coming along with the animal shelter going out for bidding? How are we coming along, are we moving on that? SUPERVISOR HORTON: We are in the time period now, we're uh, we're, the bids specs, the bid packages have been put out so we are in a time, sort of a holding pattern waiting for information to come back so we can act. MR. CARLIN: It still will be on schedule, won't it? SUPERVISOR HORTON: Yes. MR. CARLIN: And final, a very simple question. How is that new canine dog doing? Has he been on any cases? SUPERVISOR HORTON: He is doing, actually, I was just with him this evening, before I came over here, I had a meeting with Officer Frank Mele and the canine, whose name is Ajax, and he is actually doing very well. There is a number of components that go into implementing that, there is quite a bit of education, so there is a lot of outreach with the canine unit into the schools and having particularly the elementary school children meet Ajax and the dog and the police officer and learn more about police work in Southold Town and public safety. It is a great education tool. And also he is, they have been on patrol throughout town and been involved with a number of cases. MR. CARLIN: I was always, for years I was always for a canine dog unit in Southold and a funny problem... SUPERVISOR HORTON: And again, we should thank North Fork Bank .... MR. CARLIN: ... I hope, Josh, when you leave in January that he don't miss you, start looking for you. SUPERVISOR HORTON: I hope he doesn't start looking for me, too. The last thing I want is him looking for me. A lot of people can bark but he can bite. Yes, Mr. Cahill. MARK CAHILL: Mark Cahill, Mattituck. On the advice of Mr. Carlin, I would like to enquire on how one in the public goes about using the equipment or getting access to... June 7, 2005 27 Southold Town Board Meeting SUPERVISOR HORTON: We don't own equipment but if you have the ability to tape a program, it is as simple as, I can even make it easy for you, just let me know when you would like it aired and we will let Cablevision know that you will be coming in to... excuse me, you will be, just let my offices know what the program is, when you would like it aired and we can let Cablevision know that you are bringing it up for airing. MR. CAHILL: How much time would I need? SUPERVISOR HORTON: How much time what? MR. CAHILL: To notify you? IfI want it aired? A couple days? Two days? SUPERVISOR HORTON: No, you should probably give me a little notice because I am not in the broadcast programming business, it is really not part of my job description. I just sort of can facilitate a conversation with you and Cablevision, put you in touch with the right people and then how long it would take for them to get you on is anybody's guess. MR. CAHILL: Okay. Thank you. SUPERVISOR HORTON: Yes, Mrs. Egan. MS. EGAN: Yes. Good evening again everybody. Just a little clarification, at last Town Hall meeting I think you all saw my letter in the Traveler... SUPERVISOR HORTON: No. MS. EGAN: You didn't? Well, I will enlarge a copy. I addressed when Mr. Carlin spoke about cable and you said that your office doesn't control it and all that, I told Mr. Carlin at that meeting to call Zabby. He didn't. I did. I spoke with Mr. Clemen, the program director for Cablevision and he assured me, Zabby told me who to call and the number and he assured me that you guys call the shots, when it is on and what time it is on. Well, I don't think anybody from Cablevision, because I taped them, so now in addition, as far, you asked about the union, Mr. Carlin. I spoke with a union member today and they were quite willing and ready to sign the contract, until they read, I believe a clause, don't quote me but to the best of my knowledge, what it said was, at the time of when it will be re- negotiated... SUPERVISOR HORTON: Mrs. Egan? MS. EGAN: ...let's say the contract is for two years... SUPERVISOR HORTON: Mrs. Egan? MS. EGAN: Excuse me... SUPERVISOR HORTON: No. I don't think it is appropriate for you to insert yourself in the... June 7, 2005 28 Southold Town Board Meeting MS. EGAN: Oh, I think it is. SUPERVISOR HORTON: ... in the negotiating process. Particularly since it is... MS. EGAN: I am not negotiating anything. I am telling you that you are not doing your job and you have them up against the wall and I think you may have violated the Taft-Hardly law doing it. SUPERVISOR HORTON: Okay. MS. EGAN: Ah, I am not finished. I notice again that we are losing many good people. Oh, you lost Amy Martin, you lost Valerie one meeting a while ago, I hope you all also noticed that the obituary columns are getting proportionately as big as the police reports. SUPERVISOR HORTON: And you want us to stop people passing away as well? MS. EGAN: It is terrible and I keep telling you that and you keep ignoring me. Now, again of course the flag on the Mattituck-Cutchogue school... SUPERVISOR HORTON: Mrs. Egan, for the Mattituck-Cutchogue school building .... MS. EGAN: No, no. SUPERVISOR HORTON: ... call the school. MS. EGAN: No. Mr. Horton, you have got more time and more help than I do. SUPERVISOR HORTON: Mrs. Egan, call the school. MS. EGAN: No, don't, I did and got no results. SUPERVISOR HORTON: Why? MS. EGAN: I went into the school... SUPERVISOR HORTON: Why do you think that is, Mrs. Egan? MS. EGAN: ... and got no results. You do it with a registered letter, return receipt requested. SUPERVISOR HORTON: No. MS. EGAN: With my taxes. No, you won't do it. Why not? SUPERVISOR HORTON: No, I won't. MS. EGAN: Why not? Shame on you. June 7, 2005 29 Southold Town Board Meeting SUPERVISOR HORTON: Because you continue to abrade the Town Board. MS. EGAN: Bull. You need to be brought up short. That is for sure. SUPERVISOR HORTON: Okay. MS. EGAN: Now, in addition, at the police station there is, you have got to do something about privacy. Women are coming in there, men, children, there is no privacy unless it is a very extremely serious situation where police and blah blah are involved, you are not taken into the back. You sit there at that desk with people coming in to get a soda or to use the telephone and there is no privacy. SUPERVISOR HORTON: Right. You are right, we should have... MS. EGAN: And this is wrong. Terribly, terribly wrong. SUPERVISOR HORTON: You are right, Mrs. Egan. We should have... MS. EGAN: And I really, Mr. Horton, I truly resent your remark that I shouldn't get myself involved in things... SUPERVISOR HORTON: Excuse me, I would like to first respond to your... MS. EGAN: Now, I also, I am not finished... SUPERVISOR HORTON: ...to your point about the police department, because I think it is a very important point... MS. EGAN: Oh, I know I have said this to you for at least, for at least three to four years and nothing has been done. SUPERVISOR HORTON: Okay, Mrs. Egan. MS. EGAn: You sure do get on it when you get land control, you can get land in your name. Boy, you move fast on that. Now, in addition, when does the next quarterly come up for the town? SUPERVISOR HORTON: We don't have a newsletter planned. MS. EGAn: You don't. SUPERVISOR HORTON: No. MS. EGAN: Are we going to do anything about informing people about how to protect themselves for the tsunami? And for the Child Protection Agency? SUPERVISOR HORTON: As I said, we don't have a newsletter planned. June 7, 2005 30 Southold Town Board Meeting MS. EGAN: You don't, you don't, you don't, you don't. SUPERVISOR HORTON: Okay, Mrs. Egan. Is there anything else? MS. EGAN: I don't know. SUPERVISOR HORTON: Okay. We will move on. Would anybody else care to address the Town Board? Okay. Thank you, Mrs. Egan. MS. EGAN: Don't ever, ever try to rush me, Mr. Horton. SUPERVISOR HORTON: Okay, Mrs. Egan. Yes, Mr. Carlin. MR. CARLIN: I was also to see Bob in Cablevision upstairs. The operation. You gotta go through an elevator, you have to know the code to push the elevator to get up where the operation is. I sat at his desk with him. I know the whole operation. How the operation works and what the cameraman said the last time wasn't true but I am not going get into that now. I did my homework on it, too. But when the gentleman was here before talking about noise, I have to agree with him about noise. Unless the Town Board has a code passed qualifying how much noise is your limit, you ain't gonna do nothing with the noise. Because you got nothing to stand by. Does the town code have any limitations on how much noise is allowed? Noise is measured by decibels, db's. SUPERVISOR HORTON: Okay. MR. CARLIN: Does it have anything in the code system... SUPERVISOR HORTON: No. MR. CARLIN: ... that says how much db's is allowed? You don't have a leg to stand on. SUPERVISOR HORTON: That is interesting because last summer over a dozen tickets were written for vehicles that were out of compliance with NYS Vehicle and Traffic law...they were, Mr. Carlin. They wrote tickets because vehicles, motorcycles and four-wheel vehicles were operating with illegal exhaust systems. They were operating with other types of illegal mechanics on their vehicles and the police department can pull them over and they can write tickets on that. Without a noise ordinance. MR. CARLIN: Well it is funny in the beginning when... SUPERVISOR HORTON: And it happened all last summer. Several check points for four-wheel vehicles and two-wheeled vehicles were addressed and it is going to continue on this summer. It is a very difficult issue to grapple with and we have to continue being strong on it. MR. CARLIN: But the bottom line is, what is your maximum decibel reading and if you don't have anything how can you .... SUPERVISOR HORTON: But if you have seven, eight... June 7, 2005 Southold Town Board Meeting MR. CARLIN: In court, I am talking about. 31 SUPERVISOR HORTON: ... in court, Mr. Carlin. I just want to make this, because I have heard this discussed before and the fact remains, in court, if there are six motorcycles driving down the street, your little noise gun isn't going to prove anything because you can't prove that noise was generated by any one of those six motorcycles. And you can't, yeah, well but the noise meter isn't going to prove that it was any one of those or the other. MR. CARLIN: But you gotta have... SUPERVISOR HORTON: Which is the point? MR. CARLIN: (inaudible) SUPERVISOR HORTON: Noise ordinances, generally speaking, are unenforceable. The thing to do is direct, direct intervention as the police department has done over the course of all last summer, which is establish check points, we have a stop DWI program, establish check points, registration, helmets, exhaust systems and for four-wheeled vehicles: exhaust system, registration, insurance. This is how we have to continue maintaining safe vehicle operation and a reduction in noise on our town roads. MR. CARLIN: Do you have any plans on incorporating something in the zoning code? You have got everything else in there. SUPERVISOR HORTON: No. Our plan is to... COUNCILMAN ROMANELLI: (inaudible) New York State law, is what we are going to use. SUPERVISOR HORTON: Our plan, Mr. Carlin, our plan is to continue enforcing those laws and we are going to continue that with every effort. MR. CARLIN: I live right on the Main Road and no more traffic goes by than it is by my house. I don't care where you live... SUPERVISOR HORTON: Okay. Okay. MR. CARLIN: I don't care where you live, there no more goes by my house. anything. Sometimes on a Sunday, there is 18 or 30 motorcycles going by. supposed to do? Eighteen wheelers, Again. What am I SUPERVISOR HORTON: And, which is why check points are helpful. Because if you have 18 to 30 of anything coming down the road, if they are operating illegally, if they are operating vehicles that don't have proper exhaust systems, you can pick it up then. Much more effectively than you can with a noise meter. And so the key is ongoing efforts, as you have suggested. June 7, 2005 32 Southold Town Board Meeting MR. CARLIN: I actually think maybe I am wrong but if this was in court, you would have to prove what is your tolerance for noise? And if you can't prove it, you don't have a leg to stand on. SUPERVISOR HORTON: Okay. Thank you. Oh, Mrs. Egan. You would like to address the Board? MS. EGAN: I am back again. SUPERVISOR HORTON: Great. MS. EGAN: Oh, I guess you all know at this point that CAST has left, Community Action of Southold, is now in Riverhead. It is a disgrace. I think at the last Town Hall meeting I asked about the $100,000 and that they could use it and you would get receipts. We allocated $100,000 to Greenport and I asked you what had been done with that money and you said that they use the money or request the money from you. So I don't know why, if we gave them $100,000, they could not have found a temporary home for Greenport, for CAST in Greenport and that is again, shame, shame, shame on you, your mom and Mr. Kapell. Your mom helped to start that. SUPERVISOR HORTON: Mrs. Egan. Mrs. Egan. I am drawing the line, you are out of line. MS. EGAn: No, I am not. SUPERVISOR HORTON: And you are done for the night. My mother is no longer a public official, she is a private citizen, whose name or any reference to her, you will not bring up in this room. You are done, Mrs. Egan. Thank you for sharing this evening and you generally off'er something positive to the Board. Thank you, Mrs. Egan. Would anyone else care to address the Board? (No response) Thank you very much. The meeting is adjourned. This has been a productive meeting and I thank the public for coming out and assisting us in these matters. Elizabeth A. Neville Southold Town Clerk