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HomeMy WebLinkAboutTB-02/14/2006 ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES February 14, 2006 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 14, 2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present 7:30 PM William P. Edwards Town of Southold Councilman Present 7:30 PM Daniel C. Ross Town of Southold Councilman Present 7:30 PM Thomas H. Wickham Town of Southold Councilman Present 7:30 PM Louisa P. Evans Town of Southold Justice Present 7:30 PM Scott Russell Town of Southold Supervisor Present 7:30 PM Elizabeth A. Neville Town of Southold Town Clerk Present 7:30 PM Patricia A. Finnegan Town of Southold Town Attorney Present 7:30 PM I. Reports Subject Details 1. Land Tracking 4th Quarter 2005 2. Program for the Disabled January 2006 Events 3. Recreation Department January 2006 4. Town Clerk Monthly Report January 2006 5. Justice Bruer January 2006 6. Trustees Monthly Report January 2006 7. Justice Evans January 2006 8. Justice Price January 2006 9. Town Clerk 4th Quarter Report 10. Town Clerk 2005 Year End Report II. Public Notices Subject Details 1. Renewal of Liquor License with NYS Liquor Elbow East, 50 North Sea Drive, Southold Authority Page 1 February 14, 2006 Town of Southold Board Meeting 2. Renewal of Liquor License with NYS Liquor Hay Harbor Club, Fox Avenue, Fishers Island Authority 3. Renewal of Farm Winery License with NYS Lieb Family Cellars, 35 Cox Neck Road, Mattituck Liquor Authority NY 11952 4. Renewal of Liquor License with NYS Liquor The Blue Dolphin Resort, 7850 Main Road, East Authority Marion 5. Invitation to Comment on Proposed 9395 Main Road, East Marion, 30 day comment Telecommunications Flagpole for Cingular period Wireless 6. Notice of Intent to File Application with NYS Raphael Vineyard, 39390 Main Road, Peconic Liquor Authority for On-Premises Liquor License 7. Renewal of Liquor License with NYS Liquor Cliff's Elbow Too!, Franklinville Road, Laurel Authority 8. Renewal of Liquor License with NYS Liquor Skippers Restaurant, 4545 Route 25, Greenport, Authority New York 9. Renewal of Liquor License with NYS Liquor Hellenic Sanck Bar & Restaurant, 5145 Main Authority Road, East Marion III. Communications IV. For Discussion Subject Details 1. Pump-Out Boat for Fishers Island Justice Evans 2. the Fishers Island Exercise Track Justice Evans 3. Bus Shelters & SEEDS 11:00 AM - Neboysha Brashich & James Richter 5. Change of Zone Appl. - Edson per Town Attorney 6. Stormwater Runoff and $250,000. Bond 10:00 AM - Trustee Jill Doherty and Lorne Brousseau 7. Retail Moratorium Town Attorney 8. Executive Session 11:30 am - Richard Zuckerman 9. Executive Session Personnel / Contracts - PD 10. Executive Session Negotiations / CSEA 11. Executive Session Litigation - Kace 12. Home Rule Request #3451 Allow towns in the Peconic Bay region to impose a real estate transfer tax surcharge of one-half of one percent to be deposited into community housing opportunity funds. 13. Home Rule Request #5258 Exemptions from 2% transfer tax 14. Home Rule Request #3365 Enforcement of 2% transfer tax V. Resolutions SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. Two opportunities during the course of the evening for you to address the Town Board, this is the portion of the evening where you get to comment on any of the resolutions that are on the agenda or any of the issues that you see. If anybody has any comments regarding the agenda, by all means, feel free to express those views now. Page 2 February 14, 2006 Town of Southold Board Meeting MIKE DOMINO: Dear Councilman, my name is Mike Domino. I would like to speak to resolution #221. The very last one. JUSTICE EVANS: We are having a public hearing on that one. SUPERVISOR RUSSELL: We are going to call for a public hearing. Do you want to wait on that and go during the public hearing? MR. DOMINO: That was going to be my next question because if you read the sentence, there seems to be a grammatical mistake there. It says, it uses two different tenses. SUPERVISOR RUSSELL: That is right. MR. DOMINO: Thank you very much. SUPERVISOR RUSSELL: Okay. Yeah, it says that we held one. TOWN ATTORNEY FINNEGAN: That’s right because we will have held one. SUPERVISOR RUSSELL: Okay. Any other comments? (No response) Okay, are we ready to go? 2006-188 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit of February 14, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby February 14, 2006. Vote Record - Resolution 2006-188 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Page 3 February 14, 2006 Town of Southold Board Meeting 2006-189 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set February 28, 2006 As Next Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 28, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution 2006-189 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-190 CATEGORY: Bond DEPARTMENT: Town Clerk Release the Following Performance Bond for the Major Subdivision of Laurel Links, Ltd.: Letter of Credit No. 100243 of the Bank of Smithtown RESOLVEDreleases the following that the Town Board of the Town of Southold hereby performance bond for the major subdivision of Laurel Links, Ltd.: Letter of Credit No. 100243 of the Bank of Smithtown in the amount of $144,625.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-190 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-191 CATEGORY: Contracts, Lease & Agreements Page 4 February 14, 2006 Town of Southold Board Meeting DEPARTMENT: Police Dept Authorize and Direct Supervisor Scott A. Russell to Execute a Maintenance Agreement with Mayday Communications, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a maintenance agreement with Mayday Communications, Inc. for the Eventide Voice Recording System at Police Headquarters in the amount of $3,700.00 for the period commencing February 24, 2006 through February 23, 2007, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-191 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-192 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Grant Permission to Solid Waste Coordinator James Bunchuck to Attend a Meeting of the New York State Chapter of the Solid Waste Association of North America Seminar In Albany on March 1, 2006 RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator James Bunchuck, who is a member of the Board of Directors of the New York State Chapter of the Solid Waste Association of North America seminar, to attend a meeting of that Board in Albany on March 1, 2006, with all expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2006 Solid Waste District budget (meetings and seminars). Vote Record - Resolution 2006-192 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter Page 5 February 14, 2006 Town of Southold Board Meeting 2006-193 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Grant Permission to Solid Waste Coordinator James Bunchuck to Attend the Annual Conference and Trade Show of the Federation of New York Solid Waste Associations In Bolton Landing, NY RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator James Bunchuck to attend the annual Conference and Trade Show of the Federation of New York Solid Waste Associations in Bolton Landing, NY on May 7 - 10, 2006, with all expenses for registration, travel and lodging to be a legal charge to the 2006 budget (meetings and seminars). Vote Record - Resolution 2006-193 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-194 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Authorize and Direct the Board of Commissioners of the Fishers Island Ferry District to Advertise for Bids for the Drydocking of the M/V Munnatawket RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Board of Commissioners of the Fishers Island Ferry District to advertise for bids for the drydocking of the M/V Munnatawket and work thereon in accordance with the bid specifications. Vote Record - Resolution 2006-194 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter Page 6 February 14, 2006 Town of Southold Board Meeting 2006-195 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Declare Vehicle to be Surplus Equipment and Authorize to Advertise for Bid RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 2000 Ford Crown Victoria - VIN 2FAFP71WXYX176395 - 111,965 miles RESOLVEDauthorizes and directs the Town Clerk to Be it further that the Town Board advertise for the sale of same. Vote Record - Resolution 2006-195 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-196 CATEGORY: Authorize to Bid DEPARTMENT: Community Development Authorize and Direct the Town Clerk to Advertise for Bids for the Removal, Supply and Installation of (17) Overhead Garage Doors At the Southold Highway Department RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the removal, supply and installation of (17) overhead garage doors at the Southold Highway Department , in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department Vote Record - Resolution 2006-196 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 7 February 14, 2006 Town of Southold Board Meeting 2006-197 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Michael J. Verity, Building Dept, Bruno Semon, Planning and Leslie Weisman, ZBA Member to Attend the Annual Meeting of the Association of Towns In New York City RESOLVED grants permission to that the Town Board of the Town of Southold hereby Michael J. Verity, Chief Building Inspector, Bruno Semon, Site Plan Reviewer, Planning Board and Leslie Weisman, Zoning Board of Appeals Member to attend the Annual Meeting of the Association of Towns in New York City, on February 19-22, 2006. All expenses for registration, travel and lodging to be a legal charge to the 2006 Part-Town budget (meetings and seminars). Vote Record - Resolution 2006-197 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-198 CATEGORY: Employment DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise for Seasonal Police Officers for the 2007 Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Seasonal Police Officers for the 2007 summer season . Attendance at the Suffolk County Police Academy for training to commence in the fall of 2006. Applications must be received by Monday, March 27, 2006. Vote Record - Resolution 2006-198 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Page 8 February 14, 2006 Town of Southold Board Meeting 2006-199 CATEGORY: Employment DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise for Traffic Control Officers for the 2006 Summer Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2006 summer season at the hourly wage of $13.63 per hour. Applications must be received by Monday, March 27, 2006. Vote Record - Resolution 2006-199 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-200 CATEGORY: Budget DEPARTMENT: Accounting General Fund Part Town 2005 Budget Modification RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To: B.9030.8.000.000 Social Security, Employee Benefits $25.00 From: B.9040.8.000.000 Workers Compensation, Employee Benefits $25.00 Vote Record - Resolution 2006-200 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 9 February 14, 2006 Town of Southold Board Meeting 2006-201 CATEGORY: Budget DEPARTMENT: Accounting Modify the 2005 Risk Retention Fund Budget RESOLVEDmodifies the 2005 Risk that the Town Board of the Town of Southold hereby Retention Fund budget as follows: To: CS.1910.4.500.300 Third Party Administration $1,500.00 From: CS.1910.4.300.100 Commercial Package $1,500.00 Vote Record - Resolution 2006-201 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-202 CATEGORY: Budget DEPARTMENT: Accounting Modify the Fishers Island Sewer District 2005 Budget RESOLVEDmodifies the 2005 Fishers that the Town Board of the Town of Southold hereby Island Sewer District budget as follows: To: Revenues: SS2.5990.00 Appropriated Fund Balance $11,000.00 Appropriations: SS2.8160.4.000.000 Refuse & Garbage, CE $11,000.00 Page 10 February 14, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-202 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-203 CATEGORY: Budget DEPARTMENT: Accounting Modify the Waterway Improvement Cap Fund 2005 Budget RESOLVEDmodifies the 2005 that the Town Board of the Town of Southold hereby Waterways Improvement Capital Fund budget as follows: To: Revenues: H4.3089.80 NYS Dept of State Grant $ 7,551.00 Appropriations: H4.8540.2.100.100 Waterways Improvements $ 7,551.00 Vote Record - Resolution 2006-203 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-204 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept the Bid of Ramp Trucks to Supply the Town with a Light Duty Dump Truck for the Department of Public Works RESOLVED accepts the bid of Ramp that the Town Board of the Town of Southold hereby Trucks, 1595 Route 112, Port Jefferson Station, NY 111776, to supply the town with a Page 11 February 14, 2006 Town of Southold Board Meeting Light Duty Dump Truck for the Department of Public Works in the amount of $31,497, all in accordance the bid specifications and approval of the Town Attorney. Vote Record - Resolution 2006-204 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-205 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation Set Tuesday, February 28, 2006, At 5:00 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 on a Portion of the Property Owned by EWH, LLC 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 sets Tuesday, February 28, 2006, at 5:00 p.m., Southold Town Hall, 53095 Southold hereby Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by EWH, LLC (Peter Harbes) Said property is identified as part of SCTM #1000-120-3-11.12. The address is 5645 Aldrich Lane, Mattituck, New York. The property is located on the westerly side of Aldrich Lane, approximately 1,831 feet southerly from the intersection of Sound Avenue and Aldrich Lane in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 34.5 acres on the 39.35 acre parcel. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $55,000 (fifty-five thousand dollars) per buildable acre. Page 12 February 14, 2006 Town of Southold Board Meeting The Town is eligible for an awarded grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and 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 Record - Resolution 2006-205 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-206 CATEGORY: Employment DEPARTMENT: Accounting Appoint Loretta Stromski to the Position of Clerk Typist for the Highway Department RESOLVEDappoints Loretta Stromski that the Town Board of the Town of Southold hereby to the position of Clerk Typist for the Highway Department, effective March 2, 2006, at a rate of $29,610.38 annually. Vote Record - Resolution 2006-206 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 13 February 14, 2006 Town of Southold Board Meeting 2006-207 CATEGORY: Employment DEPARTMENT: Accounting Appoint Barbara Reilly to the Position of a P/T Senior Citizen Aide II for the Human Resource Center RESOLVEDappoints Barbara Reilly to that the Town Board of the Town of Southold hereby the position of a P/T Senior Citizen Aide II for the Human Resource Center, effective February 15, 2006, at a rate of 12.95 per hour. Vote Record - Resolution 2006-207 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-208 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Modify the 2005 Solid Waste District Budget RESOLVEDmodifies the 2005 Solid that the Town Board of the Town of Southold hereby Waste District budget as follows: From: SR 8160.1.200.100 (Personal Services, Part Time Reg.) $ 12,000.00 SR 8160.4.100.596 (Maint/Supply – Tub Grinder 2) 4,600.00 SR 8160.4.100.650 (Town Garbage Bags) 4,200.00 SR 8160.4.400.805 (MSW Removal) 14,700.00 SR 8160.4.400.810 (C&D Removal) 24,850.00 SR 8160.4.400.840 (Hazardous Waste Removal) 3,000.00 SR 9010.8.000.000 (NYS Retirement Benefits) 4,000.00 SR 9040.8.000.000 (Worker’s Comp. Benefits) 4,607.62 To: SR 1490.1.100.100 Administration, P.S. $ 900.00 SR 8160.1.100.100 (Personal Services, Reg. Earnings) 25,213.97 Page 14 February 14, 2006 Town of Southold Board Meeting SR 8160.2.500.700 (Transfer Station Improvements) 20,700.00 SR 8160.4.100.200 Diesel Fuel 425.00 SR 8160.4.100.500 (Motor Vehicle Glass) 200.14 SR 8160.4.100.566 (Maintenance-Cat Quarry Truck) 411.77 SR 8160.4.100.610 (Maint/Supply-Forklift) 25.13 SR 8160.4.200.210 Light & Power 425.00 SR 8160.4.400.400 (Engineering) 15,327.25 SR 9030.8.000.000 (Social Security Benefits) 633.23 SR 9050.8.000.000 (Unemployment Insurance Benefit) 644.52 SR 9055.8.000.000 (CSEA Benefit Fund - Benefits) 3,261.20 SR 9730.6.000.000 (B.A.N. Principal) 3,790.41 Vote Record - Resolution 2006-208 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-209 CATEGORY: Employment DEPARTMENT: Accounting Appoint Christine Foster As Account Clerk RESOLVEDappoints Christine Foster that the Town Board of the Town of Southold hereby to the position of Account Clerk for the Accounting Department, effective February 14, 2006, at a rate of 36,799.10 per annum. Vote Record - Resolution 2006-209 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-210 CATEGORY: Budget Modification DEPARTMENT: Accounting Page 15 February 14, 2006 Town of Southold Board Meeting Modify the 2005 General Fund Whole Town Budget - Tax Receiver RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1330.1.100.100 Tax Collection, Full Time Regular Earnings $1.00 A.1330.4.100.100 Tax Collection, Office Supplies 280.00 A.1330.4.600.100 Tax Collection, Legal Notices 11.00 From: A.1330.1.300.100 Tax Collection, Seasonal Regular Earnings $292.00 Vote Record - Resolution 2006-210 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-211 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund Whole Town Budget - Town Clerk RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.9901.9.000.3000 Transfers to Other Funds $20,883.76 To: A.1410.1.100.100 Town Clerk Personal Services Full-Time Employees Regular Earnings $18,094.50 A.1410.1.100.200 Town Clerk Personal Services Full-Time Employees Overtime Earnings $1,337.00 A.1410.1.100.300 Town Clerk Personal Services Full-Time Employees Vacation Earnings $1,452.26 Page 16 February 14, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-211 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-212 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund Whole Town Budget - Records Management RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1460.1.200.100 Records Management Personal Services $455.08 Part-Time Employees Regular Earnings To: A.1460.1.100.100 Records Management Personal Services $455.08 Full-Time Employees Regular Earnings Vote Record - Resolution 2006-212 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-213 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork/Southold Little League to Use Peconic Lane and Carroll Avenue, Peconic for Its Opening Day Parade on Saturday, April 22, 2006 At 12:00 Noon Page 17 February 14, 2006 Town of Southold Board Meeting RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork/Southold Little League to use Peconic Lane and Carroll Avenue, Peconic for its Opening Day Parade on Saturday, April 22, 2006 at 12:00 Noon provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately after the approval of this resolution to coordinate traffic control. Vote Record - Resolution 2006-213 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-214 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Reject Any and All Bids Received, Authorized and Directed to Re-Bid for the Supplying of Bulk Sand for Ice Control and Highway Maintenance for the Highway Department for the 2006 Calendar Year RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received for the supplying of Bulk Sand for Ice Control and Highway Maintenance for the Highway Department for the 2006 calendar year and be it further RESOLVEDauthorized and directed to re-bid for the that the Town Clerk is hereby supplying of Bulk Sand for Ice Control and Highway Maintenance for the Highway Department for the 2006 calendar year. Vote Record - Resolution 2006-214 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 18 February 14, 2006 Town of Southold Board Meeting 2006-215 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the General Fund Whole Town 2005 Budget - Police RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.9901.9.000.300 Transfers to Risk Retention Fund $51,538.28 A.3020.1.100.100 Regular Earnings 12,056.40 A.3020.2.200.700 Communication Equipment 1,060.62 A.3020.4.100.550 Equipment & Supplies 322.58 A.3020.4.400.600 Equipment Maintenance 1,011.00 A.3020.4.100.600 Uniform & Accessories 192.45 A.3020.4.600.200 Meetings & Seminars 400.00 A.3020.4.600.300 Travel 150.00 A.3020.4.600.400 Training 400.00 A.3020.4.600.600 Dues & Subscriptions 100.00 A.3120.1.100.100 Full Time Reg Earnings 18,883.50 A.3120.1.200.100 Part Time Reg Earnings 10,937.55 A.3120.1.300.100 Regular Earnings 4,195.10 A.3120.1.600.500 Retirement Reserve 19,133.95 A.3120.2.200.200 Chairs 1,000.00 A.3120.2.200.300 Filing/Storage 1,000.00 A.3120.2.300.100 Automobiles 11,081.10 A.3120.2.500.100 Breath Analysis Equipment 600.00 A.3120.2.500.250 Defibrillators 877.89 A.3120.2.500.300 Radar 656.00 A.3120.2.500.350 Trailer & Safety Seats 150.00 A.3120.2.500.375 Cargo Container 623.00 A.3120.2.500.425 Fingerprint Card Scan 812.00 A.3120.2.500.475 K9 Unit 103.05 A.3120.2.500.600 Weapons 132.00 A.3120.2.500.800 Light Bars 1,077.00 A.3120.2.500.825 Bicycles 350.00 A.3120.2.500.850 Traffic Cones 2,000.00 A.3120.2.500.900 Photo Equipment 1,400.00 A.3120.4.100.100 Office Supplies 2,088.08 A.3120.4.100.125 Law Book Service 204.40 A.3120.4.100.600 Uniform & Accessories 10,157.30 A.3120.4.100.750 K9 Food Vet Bill 3,917.88 A.3120.4.100.800 First Aid Supplies 1,630.60 A.3120.4.100.900 Miscellaneous Supplies 4.81 Page 19 February 14, 2006 Town of Southold Board Meeting A.3120.4.400.600 Radar Equipment Maintenance 475.54 A.3120.4.400.700 Vehicle Impound 2,332.85 A.3120.4.400.800 Photo Service 445.65 A.3120.4.400.900 Other Prisoner Detention 400.00 A.3120.4.400.925 Sane Nurse 900.00 A.3120.4.500.200 Interpreter Service 441.25 A.3120.4.600.100 Confidential Informants 300.00 A.3120.4.600.200 Police Officer Training 11,474.99 A.3120.4.600.250 FI Constable Training 238.35 A.3120.4.600.400 Inoculations 4,960.00 A.3130.1.100.100 Full Time Reg Earnings 38,449.71 A.3130.1.200.100 Part Time Reg Earnings 4,397.12 A.3130.1.300.100 Seasonal Reg Earnings 6,010.88 A.3130.1.300.200 Overtime 15.85 A.3130.2.300.300 Boat Engines 3.62 A.3130.2.400.300 Dry Suits/Dive Equipment 1,000.00 A.3130.2.400.400 Buoys 192.00 A.3130.2.500.200 Radio Equipment 387.38 A.3130.4.100.100 General Supplies 394.22 A.3130.4.100.500 Equipment Parts/Supplies 1,583.06 A.3130.4.100.600 Uniforms & Accessories 22.75 A.3130.4.200.100 Cellular Phones 218.18 A.3130.4.400.600 Buoy Maintenance 534.71 A.3130.4.400.650 Vehicle Maintenance 558.78 A.3130.4.500.400 FI Bay Constables 1,217.50 A.3130.4.600.200 Meetings & Seminars 400.00 A.3130.4.600.600 Dues & Subscriptions 90.00 A.3157.1.100.200 JAB Overtime Earnings 1,955.93 A.3157.1.100.500 JAB Holiday Earnings 2,820.40 A.3157.4.100.100 Consumable Supplies 150.00 A.3157.4.100.150 Presentation Supplies 450.80 A.3157.4.100.200 Gas & Oil 45.64 A.3157.4.400.650 Vehicle Maintenance 196.25 A.3157.4.600.100 DARE Promotional Handouts 600.00 A.3157.4.600.150 Student Supplies 547.48 A.3157.4.600.300 FI Travel 133.71 A.3157.4.600.600 Dues & Subscriptions 75.00 A.3640.1.200.100 Part Time Regular Earnings 3,000.44 A.3640.2.500.700 Communication Equipment 2,652.00 A.3540.4.600.200 Meetings & Seminars 1,314.89 To: A.3020.1.100.200 Overtime Earnings $11,754.97 A.3020.1.100.300 Vacation Earnings 562.24 A.3020.1.100.500 Holiday Earnings 1,000.66 A.3020.4.200.100 Telephone 1,691.86 Page 20 February 14, 2006 Town of Southold Board Meeting A.3120.4.100.200 Gasoline & Oil 11,103.74 A.3120.4.100.500 Motor Vehicle Tires 4.00 A.3120.4.100.550 Flares, Oxygen, Ammunition 138.50 A.3120.4.100.700 Prisoner Food 495.90 A.3120.4.200.100 Cellular Phones 1,186.39 A.3120.4.400.400 Laundry & Dry Cleaning 4,653.20 A.3120.4.400.650 Vehicle Maintenance 272.83 A.3120.4.600.300 Travel Reimbursement 214.69 A.3120.1.300.200 Seasonal Overtime 8.97 A.3120.1.100.200 Overtime Earnings 145,073.35 A.3120.1.100.300 Vacation Earnings 11,816.90 A.3120.1.100.400 Sick Earnings 1,350.02 A.3120.1.100.500 Holiday Earnings 25,963.47 A.3130.1.100.200 Overtime Earning 6,217.27 A.3130.1.100.300 Vacation Earnings 3,405.74 A.3130.1.100.400 Sick Earnings 19,488.42 A.3130.1.200.100 Part Time Regular Earnings 4,397.12 A.3130.4.100.200 Gasoline & Oil 13.38 A.3130.4.400.700 Dock Rental 819.85 Vote Record - Resolution 2006-215 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-216 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund Whole Town Budget - DPW RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2005 budget as follows: To: Appropriations: A.1490.1.100.300 Vacation Earnings 426.96 A.1490.4.100.100 Office Supplies 18.07 A.1620.1.100.200 Overtime Earnings 37,425.57 Page 21 February 14, 2006 Town of Southold Board Meeting A.1620.1.100.300 Vacation Earnings 719.71 A.1620.4.100.200 Gasoline & Oil 6,844.97 A.1620.4.100.250 Heating Fuel 2,545.52 A.1620.4.200.300 Gas 8,312.05 A.1620.4.400.100 Building Maint/Repairs 2,143.07 A.1620.4.400.200 Property Maint/Repairs 8,351.16 A.1620.4.400.700 Building Rentals 4,182.00 A.1620.4.400.800 Equipment Rental 406.45 A.1620.4.600.100 Property Taxes 803.08 A.3310.4.200.200 Light & Power 665.50 A.5182.1.100.200 Overtime Earnings 4,552.68 A.5182.1.100.300 Vacation Earnings 7,785.47 A.5182.1.100.400 Sick Earnings 24,585.70 A.5182.4.100.200 Gasoline & Oil 1,290.74 A.5182.4.100.550 Street Light Parts 316.54 A.5182.4.200.250 Street Light Power 25,376.79 From: Appropriations: A.1490.1.100.100 Regular Full Time Earnings 213.85 A.1620.1.100.100 Regular Full Time Earnings 1,011.02 A.1620.1.200.100 Part-Time Earnings 8,947.68 A.1620.1.300.100 Seasonal Earnings 608.54 A.1620.2.500.100 Chamber Booth Improve 1,650.00 A.1620.2.500.200 Vacuum Equipment 259.25 A.1620.2.500.250 Power Equipment 93.00 A.1620.2.500.350 Beach Improvements 8,315.37 A.1620.2.500.375 Boat Ramp Improvements 25,350.00 A.1620.2.500.400 Park Improvements 5,632.28 A.1620.2.500.425 Tennis Courts 1,600.00 A.1620.2.500.700 Yard Maint/ Equipment 3,726.84 A.1620.2.500.900 Flagpoles 1,594.72 A.1620.4.100.100 Supplies & Materials 2,424.57 A.1620.4.100.300 Janitorial Supplies 2,440.19 A.1620.4.100.500 Motor Vehicle Parts/Supplies 234.69 A.1620.4.100.550 Equipment Parts/Supplies 2,331.59 A.1620.4.100.650 Vehicle Maint/Repairs 295.13 A.1620.4.200.100 Telephone 14,211.88 A.1620.4.200.200 Light & Power 10,479.30 A.1620.4.200.400 Water 359.61 A.1620.4.400.600 Equipment Maint/Repairs 1,284.07 Page 22 February 14, 2006 Town of Southold Board Meeting A.1620.4.500.500 Furniture Movers 50.00 A.1620.4.600.700 Licenses & Permits 150.00 A.3310.4.100.400 Small Tools/Implements 400.00 A.3310.4.100.995 Signs & Sign Parts 2,776.60 A.3310.4.400.600 Signal Maint/Repair 207.97 A.5182.1.100.100 Regular Full Time Earnings 7,237.06 A.5182.2.500.500 Street Light Fixtures 4,628.30 A.5182.4.100.500 Motor Vehicle Parts/Supplies 283.84 A.5182.4.400.600 Light Maint/Repair 1,754.00 A.5182.4.400.650 Vehicle Maint & Repairs 3,110.00 A.5182.4.400.700 Pole Rental 1,263.39 A.9901.9.000.300 Transfer to Risk Retention 21,827.29 Vote Record - Resolution 2006-216 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-217 CATEGORY: Employment DEPARTMENT: Town Attorney Deny the Request of Part-Time Food Service Worker Jean Rocco for a Leave of Absence RESOLVEDdenies the request of Part- that the Town Board of the Town of Southold hereby time Food Service Worker Jean Rocco for a leave of absence. Vote Record - Resolution 2006-217 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-218 CATEGORY: Litigation DEPARTMENT: Town Attorney Page 23 February 14, 2006 Town of Southold Board Meeting Retains Frank A. Isler, Esq. As Special Counsel In the Matter of Logiudice V. Board of Trustees, Et Al. RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as special counsel in the matter of Logiudice v. Board of Trustees, et al. Vote Record - Resolution 2006-218 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-219 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. As Special Counsel In the Matter of Zupas V. Board Of Trustees, Et Al. RESOLVED retains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as special counsel in the matter of Zupas v. Board of Trustees, et al. Vote Record - Resolution 2006-219 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-220 CATEGORY: Seqra DEPARTMENT: Town Clerk Classify the Entitled “A Local Law In Relation to the Number of Members of the Ethics Board” As a Type II Action RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law In Relation to the Number of Members of the Ethics Board” is classified Page 24 February 14, 2006 Town of Southold Board Meeting 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 Record - Resolution 2006-220 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter SUPERVISOR RUSSELL: What I am going to do now is open up the floor for any comments on any issues. We will have a public hearing at 8:00, so now is the time to address the Town Board on any item of mutual concern. This would be generally the part of the meeting that comes at the end of the Town Board meeting, so that you can address any issue whether it appears on the agenda or not. Would anybody like to comment on any issue? (No response) Okay, we are going to take a break for 10 minutes. 2006-221 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law Entitled “A Local Law In Relation to the Number of Members of the Ethics Board” WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 17th day of January, 2006, a Local Law entitled “A Local Law in Relation to the Number of Members of the Ethics Board”, 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 will be given an opportunity to be heard, now therefor be it RESOLVEDENACTS the Local Law that the Town Board of the Town of Southold hereby entitled “A Local Law in Relation to the Number of Members of the Ethics Board”, which reads as follows: Local Law No. 3 of 2006 Page 25 February 14, 2006 Town of Southold Board Meeting I. Purpose- The purpose of this Local Law is to increase the number of members on the Town Ethics Board from three to five, in order to provide increased efficiency and broader participation on the Board. II. Chapter 10 of the Code of the Town of Southold is hereby amended as follows: § 10-19. Establishment of Ethics Board. A. A Southold Town Ethics Board of three (3) five (5) persons shall be appointed by the Town Board. The Ethics Board may establish rules for its own operations, which shall be available to the public, but whether included or not, the following procedures shall pertain to its activities: C. Term of office. The term of office of Ethics Board members appointed after January 2006 shall be three (3) five (5) years, expiring on December March 31, except that upon initial appointment, one (1) member shall have a term of one (1) three (3) years, another shall have a term of two (2) four (4) years and the other a term of three (3) years five (5) years, respectively. III. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution 2006-221 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Public Hearings Public Hearing #1 8:00 P- PHLLE“A LLIR M A UBLIC EARING ON A OCAL AW NTITLED OCAL AW N ELATION TO THE NMEB UMBER OF EMBERS OF THE THICS OARD NOTICE IS HEREBY GIVEN THAT COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 17th “A Local Law in Relation to the Number of day of January, 2006, a Local Law entitled Members of the Ethics Board”, and NOTICE IS HEREBY FURTHER GIVEN 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 Page 26 February 14, 2006 Town of Southold Board Meeting Road, Southold New York on the 14th day of February, 2006 at 8:00 p.m., at which time all interested persons will be given an opportunity to be heard. “A Local Law in Relation to the Number of Members of the Ethics Board”, This proposed reads as follows: Local Law No. _________ II. Purpose- The purpose of this Local Law is to increase the number of members on the Town Ethics Board from three to five, in order to provide increased efficiency and broader participation on the Board. II. Chapter 10 of the Code of the Town of Southold is hereby amended as follows: § 10-19. Establishment of Ethics Board. A. A Southold Town Ethics Board of three (3) five (5) persons shall be appointed by the Town Board. The Ethics Board may establish rules for its own operations, which shall be available to the public, but whether included or not, the following procedures shall pertain to its activities: C. Term of office. The term of office of Ethics Board members appointed after January 2006 shall be three (3) five (5) years, expiring on December March 31, except that upon initial appointment, one (1) member shall have a term of one (1) three (3) years, another shall have a term of two (2) four (4) years and the other a term of three (3) years five (5) years, respectively. Severability IV. . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. I have a reference to its having been posted out there on the Town Clerk’s bulletin board, it has appeared as a legal in our local newspaper, I have a comment from Joan Egan who regrets being unable to be with us tonight to make her comment in person, so I shall read this part. ‘Regarding the public hearing. The Ethics Board should be changed from three to five for three years. And then a review of the Board should be done every year. Five new members, no carry-overs, every three years.’ And she (Mrs. Egan) is also prepared to nominate members, if we would allow that. Isn’t that helpful? I have a letter here, let’s see what else I have in the file, I have a letter from a current member of the Board, her name is Eileen Powers and I will just summarize most of it, ‘I fully support the proposed legislation to increase the number of members on the Town’s Ethic Board from three to five. The change was first recommended as part of the Board’s proposed new Ethics code presented to the Board in July of ’04. A five member Board will provide a broader perspective and will lessen the impact that politics (not necessarily with a capital P) will play in Ethics Board decisions. Further, whatever the Town Board does with membership I would also like to see this new Town Board consider adopting a more comprehensive ethics code. One which will provide employees of the Town with more guidance. As I have stated in the past, ethics codes and Ethics Boards are designed primarily to provide advice and guidance to public officials and employees who find themselves faced with a potential conflict between their personal, financial interests and their responsibilities as Page 27 February 14, 2006 Town of Southold Board Meeting employees or officials of the town. An ethics code and Board should not and indeed cannot be expected to prevent corruption, instead they are to provide advice and guidance to honest officials and employees. Unfortunately in the past, individuals, some from outside the Town Hall have attempted to use the Ethics Board to prove so-called corruption or undue influence by officials and employees at Town Hall and while there is likely some role for the Ethics Board in such matters, the manner in which it was handled in Southold resulted in an Ethics Board with whom employees at Town Hall do not consult and one which benefits no one in the Town. I firmly believe that the Town Board should replace the existing code and reconstitute the Ethics Board so that the employees at Town Hall will have the confidence necessary to present the Board with their questions and concerns. Short of that, the Ethics Board is such in name only. And finally, I am confident that with a new code and a new Board, you should have no trouble finding members of the community willing to truly volunteer for the good of their Town. Please relay my comments to the rest of your Board, also please feel free to submit my comments for the record at the public hearing on Tuesday.’ I have a comment here from Michael Domino, this th is dated February 14, oh, I am sorry. Mike, I will turn this to you. And I don’t think I have, I don’t believe that there are any other comments from for the record at this time. MICHAEL DOMINO: ‘Dear Councilman, Thank you for the opportunity to address the Board. I would like to clear up some misconceptions. I will be brief, as I realize it is Valentine’s Day and you probably would prefer to spend the time with someone other than me. I would like three or four uninterrupted minutes of your time. I am here because I read in the Suffolk Times, the official paper of the Town, of an attempt to link my name with this particular resolution. I would like to enter a copy of the article and the editorial into the official record, which is what I handed to Betty before. I have to say I was surprised to say that my complaint was still active. I believed it had been dismissed because I hadn’t heard from the Board of Ethics since early June st when I received a copy of a letter from them to another party dated June 1, requesting testimony within seven days with a hearing to follow. Never hearing from them again, I inferred that they decided my complaint lacked merit. Later some friends told me one of the judges was ill and that was the reason for the silence. I knew that couldn’t be true because Josh had made it clear when he had an issue with Bill Moore, I think it was the second time, but it could have been when he asked all the volunteers to design; that he wouldn’t tolerate the slightest perception of misconduct. If one of the judges was ill, he would appoint a capable stand-in, perhaps a friend or a trusted campaign worker to fairly and competently administer justice. Someone else hinted that the lack of action could signify the Ethics Board reluctance to approach a potential minefield. Remember, New York State law is clear on the limited reasons for an executive session. I thought that was shear nonsense. Who could conceive such a thing? Hadn’t Josh personally appointed two judges to the Ethics Board? And what about the absurd notion that people approach the Board of Ethics when they have an axe to grind? Setting aside the ludicrous idea that only happy people, satisfied with town government would ever file a complaint, who could find fault with our town government? Sure it might trouble some people to see construction going on in, say New Suffolk, without proper permits. Maybe they are bothered when a top official looks the other way as a small business, the ferry for instance, tries to expand without a legal site plan. But not me. I knew that was the way the system was supposed to work. Besides, sooner or later I would come up with a site plan that would please everyone. Logically the system couldn’t be broken. If the system was broken you could trust Josh to fix it. Page 28 February 14, 2006 Town of Southold Board Meeting Who couldn’t trust a man, sitting right there, said he worked 23 hours a day for this Town. Try to imagine, just try to imagine going back to work day after day after only one hour of rest. No wonder he completed so much and left so little for you folks to do. So why fix a system that isn’t broken? Why add two more members to the Ethics Board? Why stagger appointments and vary length of terms? Why return to the Jean Cochran idea of actually interviewing people who submit a resume? Surely those changes would make it much harder for anyone with a mandate to run roughshod over a non-partisan Board or advisory committee? Heaven knows, we don’t need that. In conclusion, the way I see it, you have two choices. One is to continue doing business as usual, where the playing field isn’t level and the other is to make it more difficult for people to abuse the public trust. So I urge you to do the right thing. Pass this resolution and let’s all move on. Again, thank you very much. MICHAEL SIMON: Michael Simon, New Suffolk. I am speaking in favor of the resolution not on the basis of an intimate knowledge with the workings of this Ethics Board in the past and perhaps even on a more abstract level. But what I have seen is, there is always the question, you know, if it ain’t broke, don’t fix it. Well, it is hard to know what it means for it to be broken or to be working well. Certainly if things were where the people are pleased with the outcome, then that is no information as far as the Ethics Board is concerned. So the question is, what is an Ethics Board and what kinds of things should it be doing and what sorts of things should it be immune from? Well, one thing seems to be fairly obvious is that in principle as well as one hopes in practice, it would be immune to politics either with a large p or a small p. Because ethics is not republican or a democratic issue or it’s a matter of friends either. In fact, it is the antithesis of that sort of thing. There is nothing republican or democrat about integrity or about notions about conflict of interest, these are hard practical problems. And what readings I have done of some of the past decisions, opinions by the Ethics Board are from my point of view and I say this from the point of view of someone who has something as a career as a professional ethicist, not that you need professional ethicist on the Board, is that what I have looked for and haven’t seen is an analysis of difficult questions. And the thing about analysis, like scientific analysis is you take the arguments, you take the facts where they go and you have enough confidence in what you are doing so that the results may turn out to make some people happy, some people unhappy. That is not the business of the Board to be concerned about. Because there is such a thing as ethics, there is such a thing as integrity. Institutional ethics, governmental ethics is more complicated because there are specific rules, conflict of interest rules. I am a member of a Board and I have occasionally consulted so the people in Albany for advice on this and guidance and so far it has been, I thought, very thoughtful and very sensible. So why should there be an expanded Board? Perhaps because expanded Board would be one thing a message the Town is taking it more seriously and secondly it would perhaps do more to immunize the discussions and the decisions of the Board against politics in one way or another. There are people who are capable of doing so, they don’t necessarily come out of certain professions. Sometime a member of the clergy may be a wonderful person, not all members necessarily of a Board, perhaps a person who is a judge, some attorneys-god knows not all attorneys, but some attorneys. Some people who are thoughtful, some might be scholars, some might be people who have a kind of a canny wisdom of experience with people and business but know how to keep their eye on the ball and to realize what the considerations are. And I believe Page 29 February 14, 2006 Town of Southold Board Meeting that a larger Board will come closer to having a critical mass to decide these issues at a level at which they deserve to be decided and discussed. Thank you. SUPERVISOR RUSSELL: Thank you. Jim Dinizio. JIM DINIZIO: Jim Dinizio, Greenport. You know, I was around when you first started the Ethics Board, Tom. Brought it up United Southold party when they were in, I could say that I think the Ethics Board now has mutated to something that never was intended to be. I always thought, you know, that an Ethics Board was to guide the employees of the Town and not the taxpayers of the Town or give anybody any recourse, any more recourse than they have legally. If someone doesn’t like the decision of a Board or doesn’t like the way a Board is meeting, that is not any ethical question, that is a legal question. If people are meeting in executive session when they are not supposed to be, that is not any thing that has to do with the Town. That has to do with legal rights of a person, to be heard and they have recourse for that. So I don’t know if you have three or five, I don’t think it is really going to make much difference because you have expected too much from them. You have let it go. Either the law is not defined enough, not specific enough for people to understand that you know, this is not a place where you go, you know, and take your grudges out. It is not a place also where you would accuse the Board, volunteers, the Ethics Board; of being political. Because you have two judges and a lawyer and quite honestly, I mean, all jokes aside; I don’t think you could find three more qualified people to define ethics than, not necessarily these three people, but their professions and I just don’t think that anybody would want to put themselves through what those three people have been put through by you know, the Suffolk Times. I just think that why would anybody want to be accused of that and quite honestly, anybody can do it. I mean, if you look back at the councilman and his wife working together, I thought myself it wasn’t the fact that she was working and representing herself before the Town, it was the fact that it could be brought up. That that situation could be made into the situation that it was. And the amount of time that was spent on that was entirely too long. And if I were in that situation, I would not be in that situation. I would remove myself. And quite honestly, it worked itself out, to the way I thought it should have worked out. And hopefully, the next husband and wife team that come up, they will think twice about using that kind of power or whatever it was. I didn’t think there was any corruption going on but quite honestly, the Ethics Board was used to highlight that and I think it was the wrong thing. You know, if you want to take a second job and I mean, they can’t use anybody up there but if you want to be a builder and you want to be a building inspector, maybe that is unethical. That is what the Board I always thought was supposed to be. So, three or five I don’t think is going to make much difference. But you have got to define it much more specifically than evidently that you have. I mean, you admit that it is broken, make it a three or a five is not going to be helpful if you do not give them some guidance, to tell them exactly what is expected of them. It was so that the people of the Town knows what is expected of them also, that they can’t run to this Board for their grievances against a Board or how somebody is meeting. That their recourse is not the Ethics Board, it is the courts. Thank you. SUPERVISOR RUSSELL: Thanks, Jim. Would anybody else like to comment on the issue? (No response) Any of my Board members like to comment? Page 30 February 14, 2006 Town of Southold Board Meeting COUNCILMAN ROSS: I would just note that I don’t believe any of the members of the Ethics Board were personally appointed by anyone. The code provides appointment by Town Board and I believe all three members were appointed by the then Town Board at the time of their appointment. I would also note that the three individuals who are presently on the Board, Fred Tedeschi, who was Justice Court judge here for many years; Willie Thompson, who is an appellate division judge of renown and Eileen Powers who served an impressive career in the Suffolk County District Attorney’s office and continues to practice; I don’t think you could find a better Board than that. I don’t think you could pick a better Board than that. So having said that, we are going to tonight vote on whether to make this a five person Board. Presently it is a three person Board and one of the members has requested not to be reappointed, so we have two members and from what I can gather, no third person has indicated they want to serve. So I would tend to think we should fill the third seat before we create two more but I believe this Board wants to create a five person Board and I will vote along those lines because I trust my fellow members but that will be the context of my vote. Thank you. COUNCILMAN EDWARDS: I would like to speak on this matter before we vote. I support the expansion to five people for two reasons, really one. Ethics is the case, is an instance where perception becomes reality. If you have an Ethics Board and we are not, I think required, we are by Town code now but otherwise would not be required to have an Ethics Board but if you are going to have an Ethics Board, the public has to have the perception that it is fair and transparent and I do believe that moving from three to five will contribute in a major way to that transparency. What it means is that the accusation can never be made because Town Board administrations are two years, yes, those of us who are council people serve a four year term and starting in the next administration the Supervisor will serve a four year term but still, it is a two year administration. The accusation can never be made that a particular Town Board determined the majority of an Ethics Board if we have five people instead of three. I am comfortable that we will find five well-qualified people and my support for expanding from three to five is in no way pejorative of the three excellent people we have serving on the Board now. COUNCILMAN WICKHAM: I would just like to add briefly, assuming that we do put in place the five member Board. Some of the concerns we have heard tonight are concerns that the Board members themselves have brought up, members of the Ethics Board. They have made a series of proposals for us. I hope that the Town Board here will take up some of those proposals in the coming months in order to strengthen the Ethics Board, to make it be more responsive to the needs that we, I think all, want to see it serve. SUPERVISOR RUSSELL: I am just going to briefly comment that I am supporting the expansion to five members. It is the first step in a process to reexamine the ethics laws in Southold Town. I agree with Tom. There were some suggestions that were made by the Ethics Board itself, some proposals that were put on the table that I would hope now that after this first step is done, that we could take those issues up again, to review the process. It is an issue for me, it has nothing to do with the current membership, I have a great deal of respect for all three members. It is a pragmatic issue as well. We have to be realistic. When one of the three members can’t meet, it means they can’t have a meeting. It is difficult now, particularly with two retirees on the Board, to find three people who can get together and get some of these issues Page 31 February 14, 2006 Town of Southold Board Meeting discussed and resolved. It is not fair in specific circumstances to either someone who files a complaint with the Ethics Board and it is not fair to a public official who might be under the scope of that complaint, that these issues languish. I think it is in the best interests of Southold Town to be as expeditious as possible with ethics complaints. Either there is something to them or there is not, then we need to move forward. Some of the comments tonight were actually discussing issues that happened a few years ago. That is exactly what I am trying to avoid, I am trying to move Southold Town forward. The best way to do that is to address these issues as quickly and as expeditiously as we can. I think a five member Board will allow us to do that because they certainly will have an easier time pulling a quorum when they need to meet. That was one of the issues I heard over and over again, through one of the Ethics Board members. So I am supporting that with this in mind. And I agree with Councilman Edwards, I am confident that we will find qualified people to fill these positions. Motion to close the hearing? Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adjourned ???????? Daniel C. Ross Voter ?? Closed ???????? Thomas H. Wickham Voter ???????? Louisa P. Evans Voter ???????? Scott Russell Voter SUPERVISOR RUSSELL: Any other business before the Board? Would anybody like to comment on anything else? I have given you two opportunities tonight, I will give you a third. (No response) Okay, can I get a motion to adjourn? Vote Record - Motion to Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent Albert Krupski Jr. Voter ???? William P. Edwards Voter ???????? ?Adopted ??Defeated Daniel C. Ross Voter ???????? ??Withdrawn Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:25 P.M.. * * * * * Elizabeth A. Neville Southold Town Clerk Page 32