Loading...
HomeMy WebLinkAboutTB-11/30/2004SOUTHOLD TOWN BOARD REGULAR MEETING November 30, 2004 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, November 30, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans 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 7:30 P.M. public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. Good evening and again, welcome. We have reports, public notices and communications all available at the Town Clerk's Office for review. The Town Clerk's Office is open Monday through Friday, 8:00 A.M. through 4:00 P.M. We also have several portions of the evening dedicated to receiving public input, public feedback. The first will be prior to reading and voting on any of the resolutions that we have on the agenda this evening. As well, we have two public hearings tonight, both of which we will afford ample time for the public to address the Town Board and we also offer the floor to the public after the hearings and after our resolutions are complete to address the Board on general town business. I have, actually, I received something today in my office and I wanted to bring it to the attention of not only the Town Board because I think you all received it as well but to the public, hopefully who might be watching. We have instituted a very aggressive program of properly maintaining parcels of open space that we acquire and doing our best to provide passive recreation opportunities, generally by the way of trails and education sites along November 30, 2004 2 Southold Town Board Meeting those trailways and we have done that through the Department of Public Works and today we received the completed Arshamomaque Pond Preserve trail guide, which really offers a comprehensive view of the different ecological components of that piece of open space in that preserve, as well as much of the wildlife that you may encounter or be lucky enough to see, if you do happen to walk that trail and we have done, we have taken this approach with a number of parcels of our open space, the Laurel Lake Preserve, Arshamomaque, and Dam Pond Nature Preserve, you know, we are really putting together a magnificent, first-class system of nature trails and preserves throughout town and they are yours to use, they belong to the public and I encourage you to walk them. You see pieces of Southold Town that you never knew existed. We will 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 $1,249,614.58; General Fund Part Town bills in the amount of $94,834.27; Community Development Fund bills in the amount of $7,500.00; Highway Fund Part Town bills in the amount of $236,288.86; Capital Projects Account bills in the amount of $1,589.95; Community Preservation Fund (2% Tax) bills in the amount of $220,808.34; New London Terminal Project bills in the amount of $724.00; Employee Health Benefit Plan bills in the amount of $783.40; Fishers Island Ferry District bills in the amount of $134,626.03; Refuse & Garbage District bills in the amount of $139,462.88; Southold Wastewater District bills in the amount of $4,236.42; Southold Agency & Trust bills in the amount of $8,721.63 and Fishers Island Ferry District Agency & Trust bills in the amount of $82.96. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Minutes of the November 4, 2004 Southold Town Board meeting be and hereby are declared approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, December 14, 2004 at 4:30 P.M. at Southold Town Hall, Southold, New York. 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 Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that a Work Session of the Southold Town Board be held Tuesday, December 07, 2004 at 2:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 30, 2004 Southold Town Board Meeting REPORTS 1. Board of Town Trustees - October 2004 2. Southold Town's Program for the Disabled - October 2004 Events 3. Island Group Claim Lag Report - November 2003-October 2004 II. PUBLIC NOTICES 1. Southold Town Board of Town Trustees Notice that scallop season is open as of sunrise December 1, 2004 through sunset March 31, 2005 in all Town waters with the exception of Hallocks Bay, which will remain closed until more scientific information becomes available. 2. NYS Department of Environmental conservation Notice of Complete Application of Alan Cardinale to subdivide a 15.73 acre parcel into five lots and construct a community dock on regulated tidal wetlands, located on the south side of Route 25, 290' west of New Suffolk Avenue, Mattituck. Written comments by December 24, 2004. 3. Department of the Army, New York District, Corps of Engineers, Notice of application of Belvedere Property Management, LLC to construct an extension on an existing pier in Little Peconic Bay, Robins Island, Town of Southold. Comments by December 14, 2004. 4. Department of the Army, New York District, Corps of Engineers, Notice of application of Salvatore C. Prato to dredge Fordham Canal, Greenport Harbor, Village of Greenport, Town of Southold. Comments by December 13, 2004. 5. Department of the Army, New York District, Corps of Engineers, Notice of application of Leslie Barney and Sean Olsen to construct a pier assembly and a floating dock in Goose Creek, Shelter Island Sound, Town of Southold. Comments by December 13, 2004. III. COMMUNICATIONS 1. Letter to Supervisor Horton from Cynthia Goldsmith-Agosta and Linda Goldsmith re appreciation of Mike Verity and Jamie Richter. SUPERVISOR HORTON: We offer the floor to the public to address the Board on any of the specific resolutions. Mrs. Egan. JOAN EGAN: How is everyone. Did you all miss me? SUPERVISOR HORTON: What was to miss? I spoke to you every day. MS. EGAN: The meeting will be a bit longer tonight than usual, right? Alrighty. Number 826, now I would certainly hope that the heat, the floor and the water is all up to snuff at the Recreation Center. SUPERVISOR HORTON: They are in working order. MS. EGAN: You tested it yourseli? SUPERVISOR HORTON: I was up there the day that you were there for a flu shot and all was in working order. MS. EGAN: Good. Now, what is #827? November 30, 2004 4 Southold Town Board Meeting SUPERVISOR HORTON: #827 is the deferred compensation plan that is provided through the State of New York, it is basically a retirement opportunity for employees of the Town. The State Department of Civil Service has changed some of the policy in regard to that and as a result, we are required to ensure that all of our paperwork is in line with the changes that the State has set forth. MS. EGAN: Are they just go into it normally or they have to, you know, in other words .... SUPERVISOR HORTON: This particular plan is something that one has the option to enroll in. MS. EGAN: Oh, (inaudible), now, I notice, I won't go into all of them but again I find that the Highway fund, too much money being spent there. And of course, #831, I guess we will never get that one changed, will we, Mr. Romanelli? I don't quite understand why we use the term 'Programs for the Aging' because this is really for the Human Resource Center, correct? SUPERVISOR HORTON: The term you are referring to is a program that is sponsored by the County. So it is a name that they have put forward. MS. EGAN: But it is funded really for the Human Resource Center, for the most part. SUPERVISOR HORTON: Within the auspices ofonr Human Resources Center are most of our senior citizen programs. MS. EGAN: Now, #832, this group, where are they from? SUPERVISOR HORTON: Albrecht, Viggiano, Zurek & Co., that is a Long Island based firm. We have used them for several years now. MS. EGAN: From Southold? SUPERVISOR HORTON: No, they are not from Southold. MS. EGAN: No, I didn't think so. Naughty, naughty. Now, why does the Community Preservation Fund need legal counsel? And are they local? SUPERVISOR HORTON: Yes. And the community, many of our contracts that we negotiate require extensive legal review and contract review. MS. EGAN: Is that Ms. Finnegan who does that? SUPERVISOR HORTON: She partakes in that, yes. MS. EGAN: Good. That is what you get paid for. Now, these bags, these bio-degradable bags and you know how much people are terribly upset about all of this money for the garbage. About bids, good bids and you took the best one? SUPERVISOR HORTON: Yes. November 30, 2004 5 Southold Town Board Meeting MS. EGAN: Hopefully, right? Now, I did speak with Pat at the Police Station and it would seem to me that it was a little redundant, #836 and #837 are pretty much the same thing? SUPERVISOR HORTON: Yes. MS. EGAN: Now, #839, this Meridian Company, where are they located? SUPERVISOR HORTON: I am turning to that resolution. COUNCILMAN ROMANELLI: They were the highest bidder. MS. EGAN: Well, I did speak with .... SUPERVISOR HORTON: They are a New York based company. MS. EGAN: .... and he said that it is the company that is (inaudible), I am speaking. SUPERVISOR HORTON: Yes, you are. MS. EGAN: Have done it before and they are pretty much the best. Now, #840, first aid supplies, I would assume that all police officers and most personnel at the Police Station have been trained in first aid? SUPERVISOR HORTON: At some point, yes and we make an effort to continue keeping those certifications valid. MS. EGAN: Good. And of course, #841, you know I have reviewed this before and I do hope they are taking better care of those vehicles because they are very expensive. Very expensive. SUPERVISOR HORTON: Yes. MS. EGAN: Now, again, here we go, the Solid Waste District for miscellaneous and I don't like miscellaneous, too many things go under the board or over the board without being really checked. SUPERVISOR HORTON: Okay. MS. EGAN: Now, #845, this is a custodial worker in this building or .... SUPERVISOR HORTON: That is correct. MS. EGAN: Another changed personnel. #847, I guess that is .... And I think this, how do you pronounce it? Elijah's .... SUPERVISOR HORTON: Elijah's. November 30, 2004 6 Southold Town Board Meeting MS. EGAN: You have a lot of duplication there. And oh, #853, you know we had Detective Dzenkowski as the Juvenile Aid person who I thought so highly of. .... SUPERVISOR HORTON: This is about a $29,000 grant that we received. MS. EGAN: And I did speak to, how are the two, she is finished, isn't she? SUPERVISOR HORTON: No, she is not. She hasn't set a definite retirement date but we are expecting her to depart sometime in March or possibly February. MS. EGAN: Well, I had suggested to you on the phone that she help break these two officers... SUPERVISOR HORTON: She will be training them. MS. EGAN: We will check that. Good. Now, explain #854 and where that is to me. SUPERVISOR HORTON: #854, this is an eminent domain proceeding, a public hearing. This is setting a public hearing for an eminent domain proceeding by the Town for the piece of property that is immediately to the north of the parking lot here. MS. EGAN: Oh, good. I think I made that suggestion to you before. SUPERVISOR HORTON: You certainly did. MS. EGAN: Good. What are you going to do about the court building here? You have to do something about that piece of crap. Well, I guess that covers it. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. SUPERVISOR HORTON: Ray, you looked like you wanted to address the Board? Come on up. RAY HUNTINGTON: Ray Huntington, Cutchogue. Speaking for the North Fork Environmental Council. Resolution #835 tonight is offered to adopt the Local Waterfront Revitalization Plan, the LWRP, and as the resolution reads we believe it should be adopted. A lot of good information, a lot of good work went into this document so far. It provides the necessary basis for comprehensive plan. It alludes to be a comprehensive plan occasionally during the document but it does fall short of an adequately comprehensive plan. It falls short because it acts, it lacks adequate definition of goals, objectives and tasks. In particular, it does not address the residential population density issue that has been the subject of this community's discourse for the past five or eight years, if not more. It covers a lot of ground but it does not cover that. To be a comprehensive plan that is an absolutely essential component. We would like to see the Town Board commit to a first amendment to this plan, the LWRP by February of 2005. We are prepared to assist and can have input material ready in two weeks or earlier if necessary. There are a lot of good things in this plan but it fails to address our major issue. Residential population density. And in that sense, it cannot be a comprehensive plan until that is added November 30, 2004 7 Southold Town Board Meeting to the plan. So, that is our call, we would like to see that done by February. Board might offer in regard to that? Any comment that the SUPERVISOR HORTON: We are here to take your input. MR. HUNTINGTON: Alright. Let us know when, where and we will be ready to do that. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board on specific resolutions? (No response) We will commence with our resolutions, prior to moving to public hearing. #826 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the winter 2005 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2005 instructor line A7020.4.500.420. Thomas Boucher (guitar) ............................................................... $30/hour Eugenia Cherouski (folk dancing) ................................................... $25/hour Custer Institute (stargazing) ........................................................... $45/person (children's astronomy) ............................................. $30/person Martha Eagle (aerobics) ................................................................. East End Insurance Services (defensive driving) ............................. Carol Giordano (baton) ................................................................... Mary Hewitt (creative scrapbooking) .................................... Hidden Lake Farms (horseback riding) ......................................... Rosemary Martilotta (Hatha yoga) ...................................... Jim Mikelbank (youth basketball) ....................................... Riverside Gymnastics (youth gymnastics) .................................... $30/hour $30/person $25/class $22/hour $230/person $55/class $25/hour $60/person Laurie Short (bodyworks/aerobics) .......................................... $25/hour Steve Smith (weight training) ............................................................. $25/hour Touch Dancing Studios (social dance) .......................................... $48/person US Coast Guard Auxiliary Flotilla 18-8 (boating) ............................... $40/person Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #827 Moved by Councilman Edwards, seconded by Councilman Ross, WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section .5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Southold (the "Model Plan") and offers the Model Plan for adoption by local employers; November 30, 2004 8 Southold Town Board Meeting WHEREAS, the Town of Southold, pursuant to Section 5 and thc Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Southold; WHEREAS, effective May 21, 2004, the Board amended the Model Plan to adopt provisions relating to · Authorization to reject a participant investment request if the request is contrary to the roles, regulations or prospectus of the affected investment fund. · Authorization to distribute assets that have been rolled into the plan from another qualified retirement plan in accordance with the distribution rules of the plan that previously held the assets. · Limitations on a participant's eligibility to obtain a loan in the event that the participant has previously defaulted on a loan. Modifications related to comments provided by the Internal Revenue Service in response to the Board's request for a private letter ruling stating that the Model Plan document constitutes an "eligible deferred compensation plan." · Technical amendments pertaining to plan loan rules and the status of plan loans and other withdrawals upon the death of a participant. WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, the Town Board of the Town of Southold has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Southold by adopting the amended and restated Model Plan, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby amends the Deferred Compensation Plan for Employees of the Town of Southold effective December 1~ 2004 by adopting the amended and restated Model Plan effective May 21~ 2004, in the form attached hereto as Exhibit A. Deferred Compensation Plan for Employees of the Town of Southold Plan Document PURPOSE The purpose of the Plan is to encourage Employees to make and continue careers with the Town of Southold by providing eligible Employees with a convenient way to save on a regular and long-term basis and thereby provide for their retirement as set forth herein. A Local Employer that is not a participating employer in the Deferred Compensation Plan for Employees of the State of New York and Other Participating Jurisdictions or the sponsor of any other eligible deferred compensation plan may adopt this Plan by complying with the procedures set forth in the Regulations. The benefits provided to any Participant under the Plan will be based upon the aggregate Plan Benefit and will depend upon the investment results achieved by the Financial November 30, 2004 9 Southold Town Board Meeting Organizations appointed to invest the assets of the Plan allocated to each of the Plan's Investment Funds hereunder and the Participant's individual investment choices among the Plan's Investment Funds. Each Participant shall be I00 percent vested at all times in his or her Plan Benefit in accordance with the terms of the Plan. In accordance with amendments made to Section 457 of the Code and other federal laws by the Small Business Job Protection Act of 1996 and the Economic Growth and Tax Relief Reconciliation Act of 2001, all amounts of Compensation deferred under the Plan, all property and rights purchased with such amounts and all income attributable to such amounts, property and rights are held in trust as of the Effective Date for the exclusive benefit of Participants and their Beneficiaries and Alternate Payees pursuant to the Trust Agreement. The terms and provisions of the Plan in effect prior to the Effective Date, if any, shall govern with respect to periods prior to the Effective Date. The Plan and the Trust Agreement am intended to satisfy the requirements for an "eligible deferred compensation plan" under Section 457 of the Code. SECTION 1. DEFINITIONS When used herein the following terms shall have the following meanings: "Account" means the account established and maintained in respect of a Participant pursuant to Section 5.1. The Account shall include all Amounts Deferred and Section 457 Transfers. "Administrative Service Agency" means an Administrative Service Agency as defined in the Regulations selected by the Committee to provide services in respect of the Plan. If the Trust Agreement so provides, the record keeping services normally performed by an Administrative Service Agency may be performed by the Trustee, provided that the Trustee otherwise qualifies as an Administrative Service Agency. "Alternate Payee" means any spouse, former spouse, child or other dependent of a Participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefit payable under the Plan with respect to such Participant. "Alternate Payee Account" means the account established for an Alternate Payee pursuant to a Qualified Domestic Relations Order, provided, however, that the Alternate Payee Account shall separately account for all amounts received from (i) the Participant's Rollover Account and (ii) from all amounts rolled into the Plan by the Alternate Payee pursuant to Section 7.5(b)(ii). "Amount Deferred" means Compensation deferred by a Participant pursuant to Section 3.1. "Beneficiary" means the beneficiary or beneficiaries designated by a Participant pursuant to Section 8 to receive the amount, if any, payable under the Plan upon such Participant's death. "Business Day" means any day that is not a Saturday, a Sunday or other day on which the New York Stock Exchange is not open for the trading of securities. "Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections as they may from time to time be amended or renumbered. "Committee" means the Deferred Compensation Committee of the Town of Southold. "Compensation" means all compensation for services to the Employer, including salary, wages, fees, commissions and overtime pay that is includible in the Employee's gross income for each Plan Year under the Code and any accumulated sick pay, accumulated vacation pay and back pay paid to a Participant by his or her Employer. November 30, 2004 10 Southold Town Board Meeting "Distributee" means (a) an Employee or former Employee, (b) the Surviving Spouse of an Employee or former Employee and (c) the spouse or former spouse of an Employee or former Employee, but only to the extent such spouse or former spouse is an Alternate Payee under a Qualified Domestic Relations Order and only with regard to the interest of such spouse or former spouse. "Earliest Retirement Date" means the earlier of (a) the date on which the Participant Severs from Employment and (b) the date the Participant attains age 50. "Effective Date" means January 1, 2002, unless otherwise stated. "Eligible Retirement Plan" means (i) an individual retirement account described in Section 408(a) of the Code, (ii) an individual retirement annuity described in Section 408(b) of the Code, (iii) a qualified trust under Section 401(a) or 401 (k) of the Code, (iv) an annuity contract described in Section 403(b) of the Code and (v) an eligible deferred compensation plan described in Section 457 of the Code that is maintained by a state, political subdivision of a state, any agency or instrumentality of a state or political subdivision Of a state. "Eligible Rollover Distribution" means all or any portion of the pretax contributions and earnings thereon to the credit of a Distributee, except that an Eligible Rollover Distribution shall not include (a) any distribution that is (i) one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's Beneficiary or (ii) for a specified period often years or more, (b) any distribution to the extent such distribution is required under Section 401(a)(9) of the Code, (c) any distribution due to a hardship of the Distributee, including, without limitation, an unforeseen emergency pursuant to Section 6.1, and (d) the portion of any distribution that is not includible in gross income; provided, however, that clause (d) shall not apply to the extent such portion is transferred (i) in a direct trustee-to-trustee transfer to a qualified trust under Section 401 (a) of the Code that is part of a defined contribution plan and that separately accounts for amounts so transferred or (ii) to an Eligible Retirement Plan under Section 408 of the Code. "Employee" means any individual who receives compensation for services from the Employer, including any elected or appointed officer or employee of the Employer, and any employee who is included in a unit of employees covered by a negotiated collective bargaining agreement which specifically provides for participation in the Plan. An Employee shall not include an independent contractor, a consultant or any other individual classified by the Employer as not eligible to participate in the Plan. "Employer" means the Town of Southold. "Enrollment Date" means, with respect to an Employee, each payroll date on which such Employee receives Compensation, or such other date or dates as the Committee may establish either in lieu of, or in addition to, such dates. "Financial Organization" means a Financial Organization as defined in the Regulations selected by the Committee to provide services in respect of the Plan. If the Trust Agreement so provides, the financial services provided by a Financial Organization may be performed by the Trustee, provided that the Trustee otherwise qualifies as a Financial Organization. "Includible Compensation" means "includible compensation" as defined in Section 457(e)(5) of the Code. "Investment Func?' means each of the Investment Funds provided for in Section 4.1. "Local Employer" means a Local Employer as defined in Section 5 of the State Finance Law. "Normal Retirement Age" means, for purposes of Section 3.2(b), any age designated by a Participant (i) beginning no earlier than the earliest age at which a Participant has the right to retire November 30, 2004 Southold Town Board Meeting 11 under the Employer's basic pension plan, if any, and to receive immediate retirement benefits without actuarial or similar reduction because of retirement before some later age specified in such basic pension plan or, in the case ora Participant who does not participate in such basic pension plan, age 65, and (ii) ending no later than age 70½. Notwithstanding the previous sentence, a Participant who is a qualified police officer or firefighter (as defined under Section 415(b)(2)(H)(ii)(I) of the Code) may designate a Normal Retirement Age that is earlier than the earliest Normal Retirement Age described above, but in no event may such Normal Retirement Age be earlier than age 40. Notwithstanding anything in the Plan to the contrary, the Participant's designation of a Normal Retirement Age under Section 3.2(b) shall not control the date that payment of such Participant's benefits shall commence pursuant to Section 7. Effective for Plan Years prior to January 1, 2003, in the case of a Participant who continued to work beyond age 70½ and who, upon the attainment of age 70½, had not made the catch-up election provided for under Section 3.2(b), the Normal Retirement Age shall be the age designated by the Participant, which shall not be later than the age at which the Participant Severs from Employment with the Employer. "Participant" means an Employee or former Employee who has given an investment direction under Section 4 and who continues to have an Account or Rollover Account under the Plan. "Participation Agreement" means a written agreement between an Employee and the Employer, pursuant to which the Employee elects to reduce his or her Compensation and to have the Amount Deferred contributed to the Plan on his or her behalf in accordance with the terms of the Plan; provided, however, that in the case of a deferral of accumulated sick or vacation pay or back pay, such Participation Agreement shall be entered into in accordance with the timing requirements of the Treasury Regulations promulgated under Section 457 of the Code. "Plan" means the Deferred Compensation Plan for Employees of the Town of Southold, as the same may be amended from time to time. "Plan Benefit" means, with respect to a Participant, the interest of such Participant in the Trust Fund, excluding any portion of such interest payable to an Alternate Payee pursuant to a Qualified Domestic Relations Order. "Plan Year" means the calendar year. "Qualified Domestic Relations Order" means any judgment, decree or order, including, but not limited to, approval of a property settlement agreement, which has been determined by the Administrative Service Agency to meet the requirements of a qualified domestic relations order within the meaning of Section 414(p) of the Code. "Regulations" means the rules and regulations promulgated by the Deferred Compensation Board of the State of New York pursuant to Section 5 of the State Finance Law, as the same may be amended from time to time. "Review Committee" means the committee designated by the Committee to review claims to rights or benefits under the Plan in accordance with Section 9.5 and requests for hardship withdrawals under Section 6. "Rollover Account" means the account established and maintained in respect of a Participant or a Beneficiary who is a Participant's Surviving Spouse pursuant to Section 7.5(b)(ii). "Rollover Contribution" means a cash amount contributed by a Participant, a Beneficiary who is a Participant's Surviving Spouse or Alternate Payee to a Rollover Account or, if applicable, an Alternate Payee Account, which the Administrative Service Agency has determined qualifies as an Eligible Rollover Distribution and which the Administrative Service Agency, in accordance with guidelines promulgated by the Committee, has determined may be contributed; provided, however, that the distributing Eligible Retirement Plan shall not be an eligible deferred November 30, 2004 12 Southold Town Board Meeting compensation plan under Section 457(b) of the Code and provided further that the distributing Eligible Retirement Plan shall have separately accounted for all amounts included in the Rollover Contribution. "Section 457 Transfer" means a transfer made into an Account pursuant to Section 7.5(b)(i). "Severance from Employment" or "Severs from Employment" means a severance from the employment of the Employer within the meaning of Section 457 of the Code and the Treasury Regulations thereunder and USERRA. "State" means the State of New York. "Surviving Spouse" means the survivor of a deceased Participant to whom such Participant was legally married on the date of the Participant's death. "Treasury Regulations" means the regulations promulgated by the Treasury Department under the Code, as now in effect or as hereafter amended. All citations to sections of the Treasury Regulations are to such sections as they may from time to time be amended or renumbered. "Trust Agreement" means an agreement entered into in respect of the Plan between the Committee and one or more Trustee(s) pursuant to which all cash and other rights and properties and all income attributable to such cash and rights and properties are held in trust for the exclusive benefit of Participants and their Beneficiaries and Alternate Payees, as such agreement may be amended from time to time. "Trust Fund" means the assets of the Plan, including cash and other rights and properties arising from Amounts Deferred, Section 457 Transfers and Rollover Contributions which are held and administered by the Trustee pursuant to the Trust Agreement. "Trustee" means the trustee or trustees acting as such under the Trust Agreement, and any successors thereto. "Unit" means a unit measuring the value of a Participant's proportionate interest in an Investment Fund. "USERRA" means the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 contained in chapter 43 of title 38 of the United States Code. "Valuation Date" means each Business Day, except that for purposes of an Investment Fund invested primarily in guaranteed investment contracts and synthetic guaranteed investment contracts, Valuation Date shall mean the last Business Day of each month of each Plan Year unless the Committee shall, in its discretion, determine that the Valuation Date of such Investment Fund shall occur more frequently. PARTICIPATION 2.1 (a) Each Employee shall be eligible to participate in the Plan as of any Enrollment Date following the date he or she becomes an Employee, and shall commence such participation in the Plan by duly filing with the Employer and the Administrative Service Agency, in a manner prescribed by the Committee, by the tenth day of the calendar month preceding such Enrollment Date or such other date as the Committee may determine, a Participation Agreement and any enrollment forms or other pertinent information concerning the Employee and his or her Beneficiary which the Committee may require; provided, however, that in no event shall any deferral be accepted until the first Enrollment Date following the date on which such Participation Agreement is filed. (b) Each Employee enrolling in the Plan shall provide the Administrative Service Agency, at the time of initial enrollment and thereafter if there are any changes, with such information as may be required by the Committee. November 30, 2004 13 Southold Town Board Meeting 2.2 Participation in the Plan by Employees shall be wholly voluntary. 2.3 The participation of a Participant shall cease upon payment to the Participant of the entire value of his or her Plan Benefit or upon the Participant's death prior to such payment. AMOLrNTS DEFERRED 3.1 (a) A Participant may elect to defer Compensation under the Plan by authorizing, on his or her Participation Agreement, regular payroll deductions that do not in the aggregate exceed the limitations of Section 3.2. (b) A Participant may increase or decrease the rate of deferral of his or her Compensation, within the limitations of Section 3.2, as of any Enrollment Date by duly filing a new Participation Agreement, or such other form authorized for such purpose by the Committee, with the Employer and the Administrative Service Agency by the tenth day of the calendar month preceding such Enrollment Date, or such other date during the calendar month preceding such Enrollment Date as the Committee may determine. (c) A Participant may discontinue, or temporarily suspend, his or her deferral of Compensation as of any Enrollment Date by giving written notice thereof to the Employer and the Administrative Service Agency at least twenty, or such other number as the Committee may determine, days prior to such date. 3.2 (a) The amount that may be deferred by a Participant for any Plan Year shall be a minimum of $260 and shall not exceed the lesser off (i) $11,000 or such other greater amount as may be permitted pursuant to Section 457(e)(15 ) of the Code, and (ii) 100% of the Participant's Includible Compensation for the Plan Year. (b) Notwithstanding the limitation provided for in Section 3.2(a), a Participant may file an election in the manner provided by the Committee to have the catch-up limitation set forth in this Section 3.2(b) apply to the determination of the maximum amount that may be deferred during one or more of the last three Plan Years ending before attainment of the Participant's Normal Retirement Age. If the catch-up limitation is elected, the maximum amount that may be deferred for each of the Plan Years covered by the election shall not exceed the lesser off twice the dollar amount set forth in Section 3.2(a)(i); and the sum of the limitations provided for in Section 3.2(a) for all Plan Years the Participant was eligible to participate in the Plan, minus the aggregate amount actually deferred for such Plan Years(disregarding any amounts deferred pursuant to Section 3.2(c)). A Participant may not elect to have this Section 3.2(b)(i) apply more than once, whether or not the Participant rejoins the Plan after Severance from Employment (c) (i) All Participants who have attained age 50 before the close of a Plan Year and who are not permitted to defer additional Compensation pursuant to Section 3.2(a) for such Plan Year, due to the application of any limitation imposed by the Code or the Plan, shall be eligible to make additional catch-up contributions in accordance with, and subject to, the limitations of this Section 3.2(c) and Section 414(v) of the Code and the Treasury Regulations thereunder. (ii) additional catch-up contributions pursuant to this Section 3.2(c) shall not exceed the lesser of: November 30, 2004 Southold Town Board Meeting 14 (A) the excess of 100% of Participant's Includible Compensation for the Plan Year over the sum of any other Amounts Deferred by the Participant for such Plan Year; and (B) $1,000, or such greater amount as may be permitted by Section 414(v)(2)(B) of the Code. (d) Notwithstanding anything in Sections 3.2(b) and 3.2(c) to the contrary, if a Participant who is eligible to make an additional catch-up contribution under Section 3.2(c) for a Plan Year in which the Participant has elected to make a catch-up contribution under Section 3.2(b), such Participant is entitled to the greater of: the catch-up contribution limitation amount under Section 3.2(b); and the additional catch-up contribution amount under Section 3.2(c). Notwithstanding the limitation provided for in Section 3.2(a), any Participant who is entitled to reemployment rights pursuant to USERRA and who is so reemployed in accordance with the provisions of such law may elect to make such additional deferrals as are permitted or required by USERRA. 3.3 The Trustee shall withhold or cause to be withheld from any amounts distributed in respect of a Participant's Plan Benefit or in respect of a Qualified Domestic Relations Order all federal, state, city or other taxes as shall be required pursuant to any law or governmental ruling or regulation, including, but not limited to, Treasury Regulations. In the event that any Amounts Deferred under the Plan for any Plan Year exceed the limitations provided for in Section 3.2, any such excess deferrals shall be distributed to the Participant, with allocable net income, as soon as practicable after the Administrative Service Agency determines that the amount was an excess deferral. INVESTMENT OF AMOUNTS DEFERRED AND ROLLOVER CONTRIBUTIONS 4.1 All amounts of Compensation deferred in accordance with Section 3 shall be paid by the Employer as promptly as possible, but in no event later than two Business Days from the applicable payroll date, to the Trustee and shall be invested promptly in accordance with the investment directions of the Participant by the Trustee (but in no event later than two Business Days following receipt thereof by the Trustee) in the Investment Funds provided by one or more Financial Organizations appointed by the Committee in accordance with the Regulations, to be held, managed, invested and reinvested in accordance with the applicable agreement entered into by the Committee or the Trustee with each such Financial Organization. The Committee shall have the right in its sole discretion to replace any Financial Organization or Investment Fund with a successor Financial Organization or Investment Fund or to select any additional Financial Organization or Investment Fund and to incur any and all reasonable fees and expenses on behalf of the Plan and to allocate such fees and expenses among Accounts in connection with such replacement or addition. 4.2 An Employee who has enrolled in the Plan pursuant to Section 2 shall, by filing a direction in writing or in such other form as the Committee may authorize with the Administrative Service Agency, specify the percentage (in multiples of one percent or such other percentage as may be prescribed by the Committee from time to time) of the amount of his or her Amounts Deferred, Section 457 Transfers and Rollover Contributions that shall be allocated to each Investment Fund made available by the Committee; provided however, that the same percentages shall apply to the Rollover Account as apply to the Account. 4.3 Any investment direction given by a Participant shall be deemed to be a continuing direction until changed. A Participant may change his or her investment direction with November 30, 2004 15 Southold Town Board Meeting respect to future Amounts Deferred, future Section 457 Transfers and future Rollover Contributions, as of any Enrollment Date, by giving notice in writing or in such other form as the Committee may authorize to the Administrative Service Agency at least one Business Day prior to such Enrollment Date; provided, however, that the same percentages shall apply to the Rollover Account as apply to the Account. All future Amounts Deferred, future Section 457 Transfers and future Rollover Contributions shall be invested by the Trustee in the Investment Funds in accordance with such changed direction. 4.4 (a) As of any Valuation Date during a Plan Year, a Participant may direct, by giving notice in writing or in such other form as the Committee may authorize, to the Administrative Service Agency that all, or any multiple of one percent (or such other percent as may be prescribed by the Committee from time to time), of his or her interest in any of the Investment Funds be liquidated and the proceeds thereof transferred to one or more other Investment Funds in the proportions directed by such Participant. (b) If the Trustee or any Financial Organization appointed by the Committee shall advise the Committee that it is not reasonably able to prudently liquidate the necessary amount and transfer it from one of the Investment Funds to another, the amount to be transferred with respect to each Participant who duly requested such a transfer may be reduced in proportion to the ratio which the aggregate amount that the Trustee or the Financial Organization has advised the Committee may not prudently be so transferred bears to the aggregate amount that all Participants have duly requested be so transferred. Regardless of any Participant's investment direction, no transfer between Investment Funds may be made in violation of any restriction imposed by the terms of the agreement between the Committee or the Trustee and a Financial Organization providing any Investment Fund or of any applicable law. Notwithstanding anything in this Section 4.4(b) to the contrary, the Trustee or the Financial Organization may have the right, without prior notice to any Participant, to suspend for a limited period of time daily transfers between and among Investment Funds for one or more days if the Trustee or the Financial Organization determines that such action is necessary or advisable (i) in light of unusual market conditions, (ii) in response to technical or mechanical problems with the Plan's automated system, if any, or the Plan's third-party record keeper and (iii) in connection with any suspension of normal trading activity on the New York Stock Exchange. 4.5 The Administrative Service Agency shall have the right to decline to implement any investment direction upon determination that: (i) the person giving the direction is legally incompetent to do so; (ii) implementation of the investment direction would be contrary to the Plan or applicable law or governmental ruling or regulation including, but not limited to, Treasury Regulations; (iii) implementation of the investment direction would be contrary to a court order, including, but not limited to, a Qualified Domestic Relations Order; or (iv) implementation of the investment direction would be contrary to the rules, regulations or prospectuses of the Investment Funds. 4.6 Each Participant is solely responsible for the investment and allocation of his or her Plan Benefit in and among the Investment Funds and shall assume all risk in connection with any decrease in the value of any or all of the Funds. Neither the Committee, any Trustee, any Employer nor the Administrative Service Agency is empowered to advise a Participant as to the manner in which such Plan Benefit shall be allocated among the Investment Funds. The fact that a particular Investment Fund is available to Participants for investment under the Plan shall not be construed as a recommendation for investment in such Investment Fund. Any investment guidance or advice services provided by the Plan to Participants shall not be considered a violation of this Section 4.6. November 30, 2004 Southold Town Board Meeting 16 4.7 (a) The entire value of each Participant's Account and Rollover Account and each Alternate Payee Account under the Plan shall be set aside and held in the Trust Fund pursuant to the Trust Agreement for the exclusive benefit of Participants and their Beneficiaries and Alternate Payees and defraying reasonable expenses of the Plan and of the Trust Fund pursuant to Section 5.3. (b) Each Participant shall be 100 percent vested at all times in his or her Plan Benefit in accordance with the terms of the Plan. Each Altemate Payee shall be 100 percent vested at all times in his or her Alternate Payee Account in accordance with the terms of the Plan. 4.8 (a) Notwithstanding any other provision of the Plan, during any period when an Alternate Payee Account is created and the corresponding interest in the Trust Fund is segregated on behalf of an Alternate Payee pursuant to a Qualified Domestic Relations Order as provided in Section 11.4(b), the Alternate Payee may be entitled to direct the investment of such interest in accordance with this Section 4 as if he or she were the Participant, to the extent provided in such order. In the event that an Alternate Payee fails to specify an investment direction, such Alternate Payee's interest in the Trust Fund shall be invested in the same manner as the relevant Participant's Plan Benefit as of the date of creation of the Alternate Payee Account. (b) Notwithstanding any other provision of the Plan, during any period following the death of a Participant and prior to distribution of the entire Plan Benefit of such Participant, such Participant's Beneficiary shall be entitled to direct the investment of such Plan Benefit, or, as applicable, his or her proportional interest in such Plan Benefit, in accordance with this Section 4 as if he or she were the Participant. 4.9 No power of attorney, other than one properly executed in accordance with Section 5-1501 of Title 15 of the General Obligations Law of the State, as such may be amended from time to time, shall be effective to permit an attorney-in-fact to make any investment direction on behalf of a Participant except upon specific determination by the Administrative Service Agency that the instrument expressly grants the power to act on behalf of the Participant regarding investment direction under this Plan. ACCOUNTS AND RECORDS OF THE PLAN 5.1 (a) The Administrative Service Agency shall establish and maintain an Account and, as necessary, a Rollover Account in respect of each Participant (or in the case ofa Rollover Account, a Beneficiary who is a Participant's Surviving Spouse, if applicable) and, to the extent his or her entire Plan Benefit has not been distributed, each former Participant showing the value of his or her Plan Benefit, the value of the portion of his or her Plan Benefit, if any, which is invested in each Investment Fund and other relevant data pertaining thereto. Each Account and Rollover Account shall be adjusted as of each Valuation Date to reflect all Units or dollars credited thereto and valued as provided in Section 5.2(b) less all Units or dollars distributed, withdrawn or deducted therefrom in accordance with the terms of the Plan. With respect to each Participant, all Amounts Deferred, all Section 457 Transfers in accordance with Section 7.5(b)(i) and all Rollover Contributions in accordance with Section 7.5(b)(ii) shall be credited to his or her Account or Rollover Account, as applicable. (b) Each Participant and, for any period following the death of a Participant and prior to distribution of the entire Plan Benefit of such Participant, each Beneficiary shall be furnished with a written statement of his or her Account and Rollover Account (including the value of the interest he or she has, if any, in each Investment Fund and the amount of and explanation for each allocation to or deduction from his or her Account and Rollover Account since the last statement provided) at least quarterly. During the period prior to distribution of his or her entire interest under the Plan, each Alternate Payee shall be furnished with a written statement of his or her Alternate Payee November 30, 2004 17 Southold Town Board Meeting Account (including the value of the interest he or she has, if any, in each Investment Fund and the amount of and explanation for each allocation to or deduction from his or her Alternate Payee Account since the last statement provided) at least quarterly. (c) The establishment and maintenance of, or allocations and credits to, the Account and Rollover Account of any Participant shall not vest in such Participant or his or her Beneficiary any right, title or interest in and to any Trust Fund assets or Plan benefits except at the time or times and upon the terms and conditions and to the extent expressly set forth in the Plan and the Trust Agreement. The establishment and maintenance of, or allocations and credits to, the Alternate Payee Account of any Alternate Payee shall not vest in such Alternate Payee any right, title or interest in and to any Trust Fund assets or Plan benefits except at the time or times and upon the terms and conditions and to the extent expressly set forth in the Qualified Domestic Relations Order, the Plan and the Trust Agreement. 5.2 (a) The Plan Benefit shall equal the value of a Participant's Account and Rollover Account which shall be determined by aggregating the value of his or her separate interests, if any, in each Investment Fund. (b) The Trust Fund shall consist of the Investment Funds. The aggregate value of the Accounts and the Rollover Accounts, the Alternate Payee Accounts and any reserve for expenses and suspense accounts, if any, shall be equal to the value of the Trust Fund. Each Investment Fund shall be valued either in Units or in dollars. As of each Valuation Date, each Fund shall be valued pursuant to the Trust Agreement and the agreements between the Committee or the Trustee and the Financial Organizations to reflect the effect of income received and accrued, realized and unrealized profits and losses, and all other transactions of the preceding period. 5.3 (a) The expenses of administering the Plan, including (i) the fees and expenses of the Financial Organizations and Administrative Service Agency for the performance of their duties under the Plan, (ii) the expenses incurred by the Committee or any of its members or any Trustee in the performance of their duties under the Plan (including reasonable compensation for any legal counsel, certified public accountants, consultants, and agents and cost of services rendered in respect of the Plan and the Trust Agreement (as provided therein)), and (iii) all other proper charges and disbursements of the Financial Organizations, Administrative Service Agency, the Committee or its members (including settlements of claims or legal actions approved by counsel to the Plan) or any Trustee shall be paid out of the Trust Fund, and allocated to and deducted from the Accounts and Alternate Payee Accounts as of each Valuation Date, unless paid by the Committee from State funds allocated for such expenses or the Employer elects to pay such expenses directly. (b) Brokerage fees, transfer taxes and any other expenses incident to the purchase or sale of securities by the Financial Organizations for the Investment Funds shall be deemed to be part of the cost of such securities, or deducted in computing the proceeds therefrom, as the case may be. Taxes, if any, of any and all kinds whatsoever which are levied or assessed on any assets held or income received by the Trust Fund shall be allocated to and deducted from the Accounts and Alternate Payee Accounts in accordance with the provisions of this Section 5. WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES; WITHDRAWALS OF SMAi,I, ACCOUNTS; LOANS; WITHDRAWALS OF ROLLOVER ACCOUNTS 6.1 Upon a showing by a Participant of an unforeseeable emergency, the Administrative Service Agency may, in its sole discretion, permit a payment to be made to the Participant in an amount which does not exceed the lesser of (i) the amount reasonably needed to meet the financial need created by such unforeseeable emergency or (ii) an amount which, together with any prior distribution or withdrawal, does not exceed the value of the Participant's Plan Benefit determined November 30, 2004 18 Southold Town Board Meeting as of the most recent Valuation Date. Any such payment shall be made from the Trust Fund by the Trustee upon the direction of the Administrative Service Agency and shall be withdrawn by the Trustee pro rata from the Investment Funds in which the Participant has an interest, unless the Participant specifies in the request for such a payment the portion of the total amount to be withdrawn by the Trustee from each Investment Fund. Such payment shall first be charged to the Account of the Participant and, if necessary, then to the Rollover Account. All payments shall be made in one lump cash sum within sixty days after approval of the request. 6.2 (a) For purposes of this Section 6, an unforeseeable emergency is defined, as required by the Treasury Regulations promulgated under Section 457 of the Code, as a severe financial hardship of a Participant resulting from an illness or accident of the Participant, the Participant's spouse or the Participant's dependent, as defined in Section 152(a) of the Code, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. In accordance with the Treasury Regulations, the need to send a Participant's child to college or the desire to purchase a home does not constitute an unforeseeable emergency. (b) For purposes of this Section 6, an amount will not be considered to be reasonably needed to meet the financial need created by an unforeseeable emergency to the extent that such need is or may be relieved (i) through reimbursement or compensation by insurance or otherwise, (ii) by liquidation ora Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or (iii) by cessation of deferrals under the Plan. 6.3 A Participant with respect to whom his or her Account, irrespective of the amount in the Participant's Rollover Account, does not exceed $5,000 (or such greater amount as may be permitted by Section 401(a)(11) of the Code) may elect at any time to receive a lump sum distribution, not to exceed $5,000 of his or her Account and Rollover Account at least sixty days following such election, provided that: (a) there has been no Amount Deferred by such Participant during the two- year period ending on the date of distribution, and (b) there has been no prior distribution elected by such Participant pursuant to this Section 6.3. 6.4 With respect to a Participant or an Alternate Payee whose Account or Alternate Payee Account does not exceed the amount set forth in Section 6.3, the Committee, at its discretion, may direct the Trustee to distribute the Participant's Account and Rollover Account or the Alternate Payee's Alternate Payee Account as soon as practicable following the Participant's Severance from Employment or in accordance with the requirements and provisions of Sections 6.3(a) and 6.3(b); provided, however, that such distributions shall made in accordance with the requirements of Section 401 (a)(31) of the Code and any Treasury Regulations, or any other applicable regulations, promulgated thereunder; and provided further, that the Plan shall be amended, in accordance with the Regulations, to set forth such requirements as soon as practicable after final Treasury Regulations, or any other applicable regulations have been issued. 6.5 On or after the date on which the Committee adopts a loan program, which date may not be before January 1, 2003, upon request of an eligible Participant, the Committee may, in its sole discretion and on such terms and conditions as it shall prescribe under written uniform rules which shall be deemed to be a part of the Plan; provided that such rules are consistent with the provisions set forth in this Section 6.5, direct the Trustee to make loans to such eligible Participant. Plan loans shall be granted to those Participants who are active Employees, and, if the Committee shall determine, to those Participants who are on an approved leave of absence from their Employer. Each Participant November 30, 2004 19 Southold Town Board Meeting shall have only one outstanding Plan loan at a time. The principal amount of any Plan loan shall be for an amount equal to at least $1,000, or such other amount as the Committee shall determine, and shall not exceed the lesser of (i) 50% of the value of the sum of (A) the Participant's Account and (B) the Participant's Rollover Account, if applicable, and (ii) $50,000. All Plan loans, other than those for the purpose of acquiring the dwelling unit which is, or within a reasonable time shall be, the principal residence of the Participant, shall be repaid over a non-renewable repayment period of five years. A Plan loan made for acquiring a principal residence shall be repaid over a non-renewable repayment period of up to 15 years, or such other term as the Committee shall determine. Each Plan loan granted shall bear a rate of interest equal to one percentage point above the prime interest rate as published in the Wall Street Journal, or such other reasonable rate of interest as the Committee shall determine. A Plan loan shall be made first from the Participant's Account, until exhausted, and then from his or her Rollover Account. Any Plan loan shall be repaid in substantially equal installments of principal and accrued interest which shall be paid at least quarterly, subject to the methods and procedures as shall be determined by the Committee and the Administrative Service Agency. All Plan loans shall be made from of the Trust Fund and notes evidencing such obligations shall be considered assets of the Trust Fund. All Plan loans shall be secured, as of the date of the Plan loan, by the sum of (i) the Participant's Account and (ii) the Participant's Rollover Account, if applicable, provided, however, that no more than 50% of such Participant's Account balance shall be used as security for the Plan loan. If a Participant fails to make any scheduled repayment of his or her Plan loan within 90 days of its due date, or such other period as the Committee shall determine, such Participant shall be considered in default and the Administrative Service Agency shall declare a deemed distribution to have occurred with respect to such Plan loan, effective as of the date of the default. The Committee, may in its sole discretion, establish or change from time to time, the standards or requirements for making any Plan loan, including, without limitation, assessing an administrative fee against the Participant for such Plan loan. For purposes of this Section 6.5, an outstanding loan shall include (i) any loan that is being repaid in compliance with this Section 6.5 until repaid in full and (ii) any loan that is considered in default until subsequently repaid. Notwithstanding anything in this Section 6.5 to the contrary, a participant who has defaulted on a loan made under the Plan and which is not repaid shall not be eligible to obtain another loan hereunder until such time as the maximum non-renewable payment period over which such defaulted loan could have been repaid has expired, and then only to the extent permitted by Section 1.72(p)-1 of the Treasury Regulations, considering such defaulted and unpaid loan as still outstanding. 6.6 Effective as of May 21, 2004, the Committee may nrovide that a Participant who has a Rollover Account shall be permitted to withdraw all or any portion of such Rollover Account at any time during a Plan Year; provided that such withdrawals shall be paid pursuant to a method of payment elected by the Participant, and the value of such shall be determined, in accordance with Section 7.3 hereof. 6.7 If a Participant should die prior to the payment of any withdrawal requested under this Section 6, or the disbursement of the proceeds of any Plan loan requested under this Section 6, the Participant's withdrawal or loan request shall be void as of the date of death. DISTRIBUTIONS FROM THE PLAN AND OTHER ELIGIBLE RETIREMENT PLANS 7.1 (a) Except as otherwise provided in Section 6, a Participant may not receive distribution of his or her Plan Benefit at any time prior to the earlier of (i) such Participant's Severance from Employment with the Employer or (ii) the Plan Year in which such Participant attains age 70¥2. Upon a Participant's Severance from Employment with the Employer for any reason other than death or upon commencement of the Plan Year in which he or she attains age 70½, the Participant shall be entitled to receive an amount equal to the value of his or her Plan Benefit, which shall be paid in cash November 30, 2004 20 Southold Town Board Meeting by the Trustee from the Trust Fund in accordance with one of the methods described in Section 7.3 and as of the commencement date elected by the Participant in accordance with the procedures prescribed under Section 7.4(a). In the case of a Participant who continues in service with the Employer following his or her attainment of age 70¥2, such Participant may elect to commence the distribution of his or her Plan Benefit and such election shall designate a method of payment in accordance with Section 7.3; provided, however, that payments may not commence earlier than forty-five days, or such other number the Committee shall determine, following the Participant's attainment of age 70¥2. (b) Notwithstanding anything in this Section 7.1 to the contrary, in accordance with the requirements of Section 401 (a)(9) of the Code, distributions shall commence no later than the April 1st following the close of the Plan Year in which (i) the Participant attains age 70V2 or (ii) the Participant Severs from Employment, whichever is later. 7.2 If a Participant dies before receiving final distribution of his or her Plan Benefit, an amount equal to the value of the unpaid portion thereof as of the date of death shall be paid in cash by the Trustee from the Trust Fund to the Participant's Beneficiary by one of the methods described in Section 7.3; provided, however, that if the Participant dies after payments have commenced then payment to the Participant's Beneficiary must be made in accordance with the provisions of Section 401 (a)(9) of the Code. 7.3 (a) Subject to the following provisions of this Section 7.3, any payment made under this Section 7 shall be made in one of the following methods, as the Participant (or, in the case of the death ora Participant, his or her Beneficiary) may elect pursuant to Section 7.4 hereofi (i) one lump cash sum payment; or (ii) with respect to such Participant's Account and Rollover Account, substantially equivalent monthly, quarterly, semi-annual or annual installment payments; provided, however, that a Participant (or, in the case of the death of a Participant, his or her Beneficiary) may elect to receive (A) an initial installment payment in a specified amount and (B) the balance of his or her Account in substantially equivalent monthly, quarterly, semi- annual or annual installment payments as long as the initial payment is in an amount greater than the amount of the subsequent installment payments at the time they commence and such subsequent payments commence within two years of such initial payment. (iii) A Participant who elects to receive installment payments or who is currently receiving installment payments pursuant to Section 7.3(a)(ii), may elect, in accordance with procedures established by the Administrative Service Agency, to receive a portion of his or her Account or Rollover Account distributed in a lump sum; provided, however, that no lump sum payment shall be less than $500.00, or such other amount as the Committee shall determine, and provided further, that such elections shall not be made more than twelve times per Plan Year, or such other number as the Committee shall determine. Such lump sum payment shall not result in a discontinuation of subsequent installment payments; provided, however, that such subsequent payments may be redetermined in accordance with methods and procedures established by the Administrative Service Agency. (b) If a Participant (or, in the case of death of a Participant, his or her Beneficiary) elects a lump sum payment, pursuant to Sections 7.3(a)(i) or 7.3(a)(iii), the value of the Participant's Plan Benefit shall be determined as of the Valuation Date coincident with or last preceding the date on which the Plan Benefit is withdrawn from the Investment Funds and liquidated for distribution. (c) If a Participant (or, in the case of death of a Participant, his or her Beneficiary) elects to receive installment payments, subject to Section 7.3(a)(ii), such Participant's Account and November 30, 2004 21 Southold Town Board Meeting Rollover Account shall continue to participate in the investment performance of the Investment Fund or Funds in which such amounts are invested and to bear its allocable share of administrative and investment expenses until the Valuation Date coincident with or last preceding the date on which such Plan Benefit amounts are withdrawn from the Investment Funds and liquidated for distribution; provided, however, that the amount of the installments need not be re-determined to reflect changes in the value of the Account more frequently than annually. All such redeterminations shall be made by the Administrative Service Agency in accordance with procedures of uniform application. 7.4 (a) In the case of the Participant's Severance from Employment with the Employer or death, a distribution election may be made by the Participant or his or her Beneficiary prior to, or after, payments commence pursuant to the provisions of this Section 7. Such election shall specify the form of payment described in Section 7.3 elected and the date on which payments shall commence; provided, however, that payments may not commence earlier than forty-five days, or such other number the Committee shall determine, following the Participant's Severance from Employment or death. A Participant or his or her Beneficiary, including a Participant or his or her Beneficiary who is currently receiving distributions under the Plan, irrespective of the date on which such distributions commenced, may change both the timing and the form of payment elected in accordance with procedures established by the Administrative Service Agency, subject to Section 7.6. (b) If a Participant dies before distribution of his or her Plan Benefit has commenced, a distribution will be made to the Beneficiary pursuant to the Beneficiary's election duly filed with the Administrative Service Agency in accordance with the provisions of Section 7.4(a); provided, however, any distribution to a Beneficiary shall be made in accordance with the provisions of Section 401(a)(9) of the Code. All distributions shall commence not later than the close of the Plan Year immediately following the Plan Year in which the Participant died, or, in the event such Beneficiary is the Participant's Surviving Spouse, on or before the close of the Plan Year in which such Participant would have attained age 70½, if later (or, in either case, on any later date prescribed by the Treasury Regulations). If such Beneficiary who is also the Surviving Spouse dies after the Participant's death but before distributions to such Beneficiary commence, this provision shall be applied to require payment of any further benefits as if such Surviving Spouse were the Participant. 7.5 (a) In connection with a Participant's Severance from Employment, the Distributee may elect, at the time and in the manner prescribed by the Administrative Service Agency, to have all or any portion of the Participant's Account and Rollover Account that qualifies as an Eligible Rollover Distribution paid directly to the trustee of an Eligible Retirement Plan, provided that such other plan provides for the acceptance of such amounts by the trustee. The Plan shall provide written information to Distributees regarding Eligible Rollover Distributions to the extent required by Section 402(f) of the Code. (b) Compensation previously deferred by a Participant, a Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee pursuant to another eligible deferred compensation plan under Section 457 of the Code maintained by another employer that is a state, political subdivision of a state, any agency or instrumentality of a state or political subdivision of a state shall be accepted for transfer by the Trustee in the form and in the manner specified by the Administrative Service Agency. All such Section 457 Transfers shall be credited to the Participant's Account or the Alternate Payee Account and shall be invested in accordance with the investment direction of the Participant, the Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee pursuant to Sections 4.2, 4.3, or 4.8, whichever is applicable; such Section 457 Transfers are subject to all of the terms and conditions of the Plan. November 30, 2004 22 Southold Town Board Meeting (ii) (A) An accrued benefit of a Participant, a Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee under an Eligible Retirement Plan that is distributed to the Participant, a Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee or is directly rolled over to the Plan as an Eligible Rollover Distribution may be accepted as a Rollover Contribution by the Trustee in the form and in the manner specified by the Administrative Service Agency; provided, however, that such Participant, Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee has made an Investment Fund direction pursuant to Sections 4.2, 4.3, or 4.8, whichever is applicable, and filed a written request with the Administrative Service Agency requesting that such transfer be accepted. (B) The Administrative Service Agency, in accordance with the Code and procedures established by the Committee, shall, as soon as practicable following its receipt of the written request ora Participant, a Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee, determine whether the Rollover Contribution shall be accepted by the Plan. Any written request filed by a Participant, a Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee pursuant to this Section 7.5(b) shall set forth the fair market value of such Rollover Contribution and a statement satisfactory to the Administrative Service Agency that the amount to be transferred constitutes a Rollover Contribution. In the event the Administrative Service Agency permits the transfer of the Rollover Contribution, the Trustee shall accept such Rollover Contribution and the transfer of such Rollover Contribution shall be deemed to have been made on the Valuation Date next following the date on which it was paid over to the Trustee. The Rollover Contribution shall be maintained in a separate, fully vested Rollover Account for the benefit of the contributing Participant or the Beneficiary who is a Participant's Surviving Spouse and, in the case of a spousal Alternate Payee, the Altemate Payee Account, and shall be invested in accordance with the investment direction of the Participant, the Beneficiary who is a Participant's Surviving Spouse or spousal Alternate Payee, pursuant to Sections 4.2, 4.3 or 4.8, whichever is applicable. (C) All amounts so transferred shall be credited to the Participant's Rollover Account or Alternate Payee Account and if the Committee so provides in accordance with Section 6.6, shall be available for distribution at any time during the Plan Year. No other contributions shall be allocated to the Rollover Account. (c) With respect to trustee-to4rustee transfers, a Participant or Beneficiary may elect, in accordance with procedures established by the Administrative Service Agency, to have all or any portion of the value of his or her Account and Rollover Account transferred to the trustee of a defined benefit governmental plan as described in Section 414(d) of the Code;provided, however, that such transfer is for the purchase of permissive service credit (as defined in Section 415(n)(3)(A) of the Code) under such plan or a repayment of contributions and earnings with respect to a forfeiture of service under such plan. 7.6 Notwithstanding anything in the Plan to the contrary, all distributions of a Plan Benefit to a Participant or his or her Beneficiary shall commence in accordance with the amount and timing requirements of the Treasury Regulations under Section 401 (a)(9) of the Code, which are incorporated herein by reference. November 30, 2004 23 Southold Town Board Meeting DESIGNATION OF BENEFICIARIES 8.1 Each Participant shall file with the Administrative Service Agency a written designation of one or mom persons as the Beneficiary who shall be entitled to receive the Plan Benefit, if any, payable under the Plan upon his or her death. A Participant may from time to time revoke or change his or her Beneficiary designation without the consent of any prior Beneficiary by filing a new designation with the Administrative Service Agency. The last such designation received by the Administrative Service Agency shall be controlling; provided, however, that no designation or change or revocation thereof shall be effective unless received by the Administrative Service Agency prior to the Participant's death, and in no event shall it be effective as of a date prior to such receipt. 8.2 If no such Beneficiary designation is in effect at the time of a Participant's death, or if no designated Beneficiary survives the Participant, or if no designated Beneficiary can be located with reasonable diligence by the Administrative Service Agency, the payment of the Plan Benefit, if any, payable under the Plan upon his or her death shall be made by the Trustee from the Trust Fund to the Participant's Surviving Spouse, if any, or if the Participant has no Surviving Spouse, or the Surviving Spouse cannot be located with reasonable diligence by the Administrative Service Agency, then to his or her estate. If the Administrative Service Agency is in doubt as to the right of any person to receive such amount, it shall inform the Committee and the Trustee and the Trustee may retain such amount, without liability for any interest thereon, until the rights thereto are determined, or the Trustee may pay such amount into any court of appropriate jurisdiction or to any other person pursuant to applicable law and such payment shall be a complete discharge of the liability of the Trustee, Plan, Committee, Employer, Administrative Service Agency and Financial Organizations. If the Beneficiary so designated by the Participant shall die after the death of the Participant but prior to receiving a complete distribution of the amount that would have been paid to such Beneficiary had such Beneficiary's death not then occurred, then, for purposes of the Plan, the distribution that would otherwise have been received by such Beneficiary shall be paid to the Beneficiary's estate. 8.3 No power of attorney, other than one properly executed in accordance with Section 5-1501 of Title 15 of the General Obligations Law of the State, as such may be amended from time to time, shall be effective to permit an attorney-in-fact to make or change a Beneficiary designation on behalf of a Participant except upon specific determination by the Administrative Service Agency that the instrument expressly grants the power to act on behalf of the Participant regarding Beneficiary designation under this Plan. ADMINISTRATION 9.1 Except as otherwise provided herein, the operation and administration of the Plan shall be the responsibility of the Committee. The Committee shall have the power and the duty to take all action and to make all decisions necessary or proper to carry out its responsibilities under the Plan. All determinations of the Committee as to any question involving its responsibilities under the Plan, including, but not limited to, interpretation of the Plan or as to any discretionary actions to be taken under the Plan, shall be solely in the Committee's discretion and shall be final, conclusive and binding on all parties. 9.2 Without limiting the generality of the foregoing, the Committee shall have the following powers and duties: (a) to require any person to furnish such information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefit under the Plan; (b) to make and enforce such rules and regulations and prescribe the use of such forms as it shall deem necessary for the efficient administration of the Plan; (c) to interpret the Plan and to resolve ambiguities, inconsistencies and omissions; November 30, 2004 24 Southold Town Board Meeting (d) to decide all questions conceming the Plan and the eligibility of any Employee to participate in the Plan; (e) to determine the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan (f) to permit more lenient time periods than otherwise may be specified in Sections 2.1, 3.1(b), 3.1(c), 4.3, 6.1, 6.3, 6.5, 7.1(a) and 9.5 of the Plan;provided, however, in no case may a Participant's election to commence Compensation deferrals, or to modify existing Compensation deferrals, be effective until notice of such election is filed with the Employer or Administrative Service Agency; and (g) to determine the methods and procedures for the implementation and use of any automated telephone, computer, internet, intranet or other electronic or automated system adopted by the Committee for purposes of Plan administration, including, without limitation, for receiving and processing enrollments and instructions with respect to the investment of assets allocated to a Participant's Account or Rollover Account and for such other purposes as may be designated from time to time. 9.3 Except as may be prohibited by applicable law, the Committee or any member thereof, or any person, firm or corporation to whom may be delegated any duty or power in connection with administering, managing or supervising the administration or management of the Plan or Trust Fund, shall not be liable for (a) anything done or omitted to be done by it or by them unless the act or omission claimed to be the basis for liability amounted to a failure to act in good faith or was due to gross negligence or willful misconduct; (b) the payment of any amount under the Plan; or (c) any mistake ofjudgment made by it or on its behalf by a member of the Committee. No member of the Committee, nor any delegate, shall be personally liable under any contract, agreement, bond or other instrument made or executed by him or her or on his or her behalf in connection with the Plan or Trust Fund. 9.4 Except as otherwise provided in the Plan and the Trust Agreement, the Trustee shall have responsibility with respect to the control or management of the assets of the Plan and the Trust Fund. The Committee shall periodically review the performance and methods of the Trustee and the Committee may appoint and remove or change the Trustee. The Committee shall have the power to appoint or remove one or more Financial Organizations and to delegate to such Financial Organization(s) authority and discretion to manage (including the power to acquire and dispose of) the assets of the Plan and Trust Fund in accordance with the Regulations and shall periodically review the performance and methods of such Financial Organization(s) and may direct the acquisition or disposition of the assets in any Investment Fund. 9.5 (a) The Committee shall have general authority under the Plan. The decisions of the Committee shall be final, binding and conclusive on all interested persons for all purposes. The Committee may delegate its general authority as it deems appropriate in accordance with the terms of the Plan and all applicable Code sections and Treasury Regulations; provided, however, that such delegation shall be subject to revocation at any time at the discretion of the Committee. Notwithstanding any other provision of the Plan, the Committee's general authority shall include the right to review, revise, modify, revoke, or vacate any decision made or action taken by any party under the Plan which right includes, but is not limited to, the right to review, revise, modify, revoke, or vacate any decision of the Review Committee at any time upon reasonable notice to the claimant. (b) Any claim to rights or benefits under the Plan, including, without limitation, any purported Qualified Domestic Relations Order, or request for hardship withdrawal under Section 6 must be filed in writing with the Committee, or with such other entity as the Committee may designate. November 30, 2004 25 Southold Town Board Meeting Within sixty days after receipt of such claim, the Committee, or such other entity designated by the Committee, shall notify the claimant and, if such claimant is not the Participant, any Participant against whose Plan Benefit the claim is made, that the claim has been granted or denied, in whole or in part. Notice of denial of any claim in whole or in part by the Committee, or by such other entity designated by the Committee, shall include the specific reasons for denial and notice of the rights granted by Section 9.5(c). (c) Any claimant or Participant who has received notice of denial or grant, in whole or in part, of a claim made in accordance with the foregoing subsection (b) may file a written request within thirty days of receipt of such denial for review of the decision by the Review Committee. Within ninety days after receipt of such request for review, the Review Committee shall notify the claimant and, as applicable, the Participant, that the claim has been granted or denied, in whole or in part; provided, however, that the Review Committee may in its discretion extend such period by up to an additional 120 days upon notice to the claimant and, as applicable, the Participant, prior to expiration of the original ninety days that such additional period is needed for proper review of the claim. Notice of denial of any claim in whole or in part by the Review Committee shall include the specific reasons for denial and shall be final, binding and conclusive on all interested persons for all purposes. (d) Subject to the discretion of the Committee or such other entity as the Committee may designate to determine otherwise, no distribution of any Plan Benefit shall be permitted during any period during which a claim, including, without limitation, a purported Qualified Domestic Relations Order, against all or part of such Plan Benefit is being reviewed in accordance with the provisions of this Section 9.5. If the Trustee or the Administrative Service Agency reasonably believes that a claim, including, without limitation, a purported Qualified Domestic Relations Order, against all or part of any Plan Benefit is likely to be asserted, such Trustee or Administrative Service Agency shall notify the Committee and it shall be within the discretion of the Committee to refuse to permit any distribution of all or part of such Plan Benefit pending determination of such claim. 9.6 The Committee shall arrange for the engagement of legal counsel and certified public accountants, who may be counsel or accountants for the Employer, and other consultants, and make use of agents and clerical or other personnel, for purposes of this Plan. The Committee may rely upon the written opinions of counsel, accountants and consultants, and upon any information supplied by the Trustee, a Financial Organization or Administrative Service Agency appointed in accordance with the Regulations, and delegate to any agent or to any member of the Committee its authority or the authority of the Employer to perform any act hereunder, including without limitation those matters involving the exercise of discretion; provided, however, that such delegation shall be subject to revocation at any time at the discretion of the Committee. 9.7 No member of the Committee shall be entitled to act on or decide any matters relating solely to such member or any of his or her rights or benefits under the Plan. 9.8 Any action of the Committee may be taken at a meeting. The Committee shall establish its own procedures and the time and place for its meetings and provide for the keeping of minutes of all meetings. 9.9 Notwithstanding any other provision hereof, the Plan shall at all times be operated in accordance with the requirements of applicable law, including, without limitation, the Regulations. November 30, 2004 26 Southold Town Board Meeting AMENDMENT OR TERMINATION 10.1 (a) Subject to Section 10.1 (b) and any requirements of State or federal law, the Committee reserves the right at any time and with or without prior notice to amend, suspend or terminate the Plan, any deferrals thereunder, the Trust Agreement and any Investment Fund, in whole or in part and for any reason and without the consent of any Employee, Participant, Beneficiary or other person. The Plan shall be terminated automatically upon complete and final discontinuance of all deferrals thereunder. (b) No amendment or modification shall be made which would retroactively impair any individual's rights to any benefits under the Plan, except as provided in Section 10.1 (c). (c) Any amendment, suspension or termination of any provisions of the Plan, any deferrals thereunder, the Trust Agreement or any Investment Fund may be made retroactively if required to meet any applicable requirements of the Code or any other applicable law. 10.2 Upon termination of the Plan, the Employer shall permit no further deferrals of Compensation under the Plan and all Plan Benefits and other interests in the Trust Fund shall thereafter be payable as provided in the Plan. Any distributions, transfers or other dispositions of the Plan Benefits as provided in the Plan shall constitute a complete discharge of all liabilities under the Plan. The Committee and the Trustee(s) shall remain in existence and the Trust Agreement and all of the provisions of the Plan which in the opinion of the Committee are necessary for the execution of the Plan and the administration and distribution, transfer or other disposition of interests in the Trust Fund shall remain in force. GENERAL LIMITATIONS AND PROVISIONS 11.1 The Plan, as duly amended from time to time, shall be binding on each Participant and his or her Surviving Spouse, heirs, administrators, trustees, successors, assigns, and Beneficiaries and all other interested persons. 11.2 Nothing contained herein shall give any individual the right to be retained in the employment of the Employer or affect the right of the Employer to terminate any individual's employment. The adoption and maintenance of the Plan shall not constitute a contract between the Employer and any individual or consideration for, or an inducement to or condition of, the employment of any individual. 11.3 If the Administrative Service Agency shall find that any person to whom any amount is payable under the Plan is unable to care for his or her affairs, is a minor, or has died, then it shall so notify the Committee and the Trustee, and any payment due him or her or his or her estate (unless a prior claim therefor has been made by a Beneficiary, Surviving Spouse or duly appointed legal representative or the time period during which a Beneficiary or Surviving Spouse could make a claim under the Plan has not elapsed) may, if the Trustee so elects, be paid to his or her spouse, a child, a relative, or any other person maintaining or having custody of such person otherwise entitled to payment or deemed by the Trustee to be a proper recipient on behalf of such person. Any such payment shall be a complete discharge of all liability under the Plan therefor. 11.4 (a) Except insofar as may otherwise be required by law or in accordance with this Section 11.4, no amount payable at any time under the Plan shall be subject in any manner to alienation by anticipation, sale, transfer, assignment, bankruptcy, pledge, attachment, garnishment, charge or encumbrance of any kind, and any attempt to so alienate such amount, whether presently or thereafter payable, shall be void. If any person shall attempt to, or shall, so alienate any amount payable under the Plan, or any part thereof, or if by reason of bankruptcy or other event happening at any time such amount would not be enjoyed by the person to whom it is payable under the Plan, then the Trustee shall notify the Committee and, if it so elects, may direct that such amount be withheld and November 30, 2004 27 Southold Town Board Meeting that the same or any part thereof be paid to or for the benefit of such person, his or her spouse, children or other dependents, or any of them, in such manner and proportion as the Trustee may deem proper. (b) Payments with respect to a Participant's Plan Benefit may be made by the Trustee from the Trust Fund to one or more Alternate Payees pursuant to the terms of a Qualified Domestic Relations Order; provided however, that such Qualified Domestic Relations Order shall not create any rights greater than the Participant's rights under the Plan. Notwithstanding any provisions of the Plan to the contrary, any distribution due to an Alternate Payee may be paid in one lump stun as soon as practicable following the qualification of the order if the Alternate Payee consents thereto; otherwise it shall be payable on or after the date on which the Participant attains Earliest Retirement Age. Upon receipt of a Qualified Domestic Relations Order by the Plan, a portion of the Participant's Account and Rollover Account, which portion shall be determined in accordance with the Qualified Domestic Relations Order, shall be segregated and maintained on behalf of each Alternate Payee designated under such Qualified Domestic Relations Order until payment is made to the Alternate Payee in accordance with this Section 11.4 and the terms of the Plan. No liability whatsoever shall be incurred by the Committee, Trustee, Employer, Administrative Service Agency, Review Committee or any Financial Organization solely by reason of any action taken in accordance with this Section 12.4 pursuant to the terms of a Qualified Domestic Relations Order. 11.5 Each Participant shall file with the Administrative Service Agency such pertinent information conceming himself or herself and his or her Beneficiary as the Committee may specify, and no Participant, Beneficiary or other person shall have any rights or be entitled to any benefits under the Plan unless such information is filed by or with respect to him or her. 11.6 All elections, designations, requests, notices, instructions, and other communications from a Local Employer, Employee, Participant, Beneficiary, Surviving Spouse or other person to the Committee, Administrative Service Agency or the Employer required or permitted under the Plan shall be in such form as is prescribed from time to time by the Committee, shall be mailed by first class mail or delivered to such location as shall be specified by the Committee, and shall be deemed to have been given and delivered only upon actual receipt thereof at such location. Copies of all elections, designations, requests, notices, instructions and other communications from an Employee, Participant, Beneficiary, Surviving Spouse or other person to the Employer shall be promptly filed with the Administrative Service Agency. 11.7 All notices, statements, reports and other communications from a Local Employer, the Trustee or the Committee to any Employee, Participant, Beneficiary, Surviving Spouse or other person required or permitted under the Plan shall be deemed to have been duly given when delivered to, or when mailed by first class mail, postage prepaid and addressed to such Employee, Participant, Beneficiary, Surviving Spouse or other person at his or her address last appearing on the records of the Committee, the Trustee or the Local Employer. 11.8 The Committee may, upon the recommendation of the Administrative Service Agency, enlarge or diminish the time periods set forth in Sections 2.1, 3.1(b), 3.1(c), 4.3, 6.1, 6.3, 6.5 and 9.5; provided it determines that such action is necessary or desirable to facilitate the proper administration of the Plan, and provided further that in no case may a Participant's election to commence Compensation deferrals, or to modify existing Compensation deferrals, be effective until notice of such election is filed with the Employer or Administrative Service Agency. 11.9 The amounts set aside and held in the Trust Fund shall be for the exclusive purpose of providing benefits to the Participants and their Beneficiaries and Alternate Payees and defraying expenses of Plan and Trust Fund administration and no part of the Trust Fund shall revert to November 30, 2004 28 Southold Town Board Meeting any Employer; provided, however, that the setting-aside of any amounts to be held in the Trust Fund is expressly conditioned upon the following: if an amount is set aside to be held in the Trust Fund by an Employer in a manner which is inconsistent with any of the requirements of Section 457(b) of the Code, such amount shall be returned to such Employer prior to the first day of the first Plan Year commencing more than 180 days after the date of notification of such inconsistency by the Secretary of the Treasury. Any amounts so returned to the Employer, and the eamings thereon, shall be distributed to the Participants on whose behalf such amounts were set aside. 11.10 The Trust Fund shall be the sole source of benefits under the Plan and, except as otherwise required by applicable law, the Committee, the Employer and the Trustee assume no liability or responsibility for payment of such benefits, and each Participant, his or her spouse or Beneficiary, or other person who shall claim the right to any payment under the Plan shall be entitled to look only to the Trust Fund for such payment and shall not have any right, claim or demand therefor against the Committee, or any member thereof, the Employer, the Trustee, or any employee or director thereof. 11.11 Any and all rights or benefits accruing to any persons under the Plan shall be subject to the terms of the Trust Agreement or any other funding instrument that is part of the Plan and the Trust Fund. 11.12 The duties and responsibilities allocated to each person under the Plan and the Trust Agreement shall be the several and not joint responsibility of each, and no such person shall be liable for the act or omission of any other person. 11.13 The captions preceding the Sections hereof have been inserted solely as a matter of convenience and in no way define or limit the scope or intent of any provisions hereof. 11.14 The Plan and all rights thereunder shall be governed by and construed in accordance with the Code and the Treasury Regulations promulgated thereunder and the laws of the State. Plan Document for the DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF the Town of Southold As amended and restated January 1, 2002 (including Amendments through May 21, 2004) Deferred Compensation Plan for Employees of the Town of Southold November 30, 2004 Southold Town Board Meeting 29 Plan Document TABLE OF CONTENTS Section ...................................................................................................................................... Page PURPOSE ....................................................................................................................................... 8 SECTION 1. DEFINITIONS ............................................................................................ 9 "Account". ................................................................................................................ 9 "Administrative Service Agency". ............................................................................ 9 "Alternate Payee". ................................................................................................... 9 "Alternate Payee Account". ..................................................................................... 9 "Amount Deferred'. ................................................................................................. 9 "Beneficiary". .......................................................................................................... 9 "Business Day". ....................................................................................................... 9 "Code". .................................................................................................................... 9 "Committee". ........................................................................................................... 9 "Compensation". ...................................................................................................... 9 "Distributee'. ......................................................................................................... 10 "Earliest Retirement Date". ................................................................................... 10 "Effective Date". .................................................................................................... 10 "Eligible Retirement Plan". ................................................................................... 10 "Eligible Rollover Distribution". ........................................................................... 10 "Employee". ........................................................................................................... 10 "Employer". ........................................................................................................... 10 "Enrollment Date". ................................................................................................ 10 "FinancialOrgamzatton' ' " ...................................................................................... 10 "Includible Compensation". .................................................................................. 10 "Investment Fund". ................................................................................................ 10 "Local Employer". ................................................................................................. 10 "Normal Retirement Age". ..................................................................................... 10 "Participant". ......................................................................................................... 11 "Participation Agreement". ................................................................................... 11 "Plan". ................................................................................................................... 11 "Plan Benefit". ....................................................................................................... 11 "Plan Year". ........................................................................................................... 11 "Qualified Domestic Relations Order". ................................................................. 11 "Regulations". ........................................................................................................ 11 "Review Committee". ............................................................................................. 11 "Rollover Account". ............................................................................................... 11 "Rollover Contribution". ....................................................................................... 11 "Section 457 Transfer". ......................................................................................... 12 "Severance from Employment" or "Severs from Employment". ............................ 12 "State". ................................................................................................................... 12 November 30, 2004 30 Southold Town Board Meeting "Surviving Spouse". ............................................................................................... 12 "Treasury Regulations". ........................................................................................ 12 "Trust Agreement". ................................................................................................ 12 "Trust Fund". ......................................................................................................... 12 "Trustee". ............................................................................................................... 12 "Unit". .................................................................................................................... 12 "USERRA". ............................................................................................................ 12 "Valuation Date". .................................................................................................. 12 SECTION 2. PARTICIPATION .................................................................................... 12 SECTION 3. AMOUNTS DEFERRED ......................................................................... 13 SECTION 4. INVESTMENT OF AMOUNTS DEFERRED AND ROLLOVER CONTRIBUTIONS ......................................................................................................... 14 SECTION 5. ACCOUNTS AND RECORDS OF THE PLAN .................................... 16 SECTION 6. WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES; WITHDRAWALS OF SMALL ACCOUNTS; LOANS; WITHDRAWALS OF ROLLOVER ACCOUNTS ............................................................................................. 17 SECTION 7. DISTRIBUTIONS FROM THE PLAN AND OTHER ELIGIBLE RETIREMENT PLANS .................................................................................................. 19 SECTION 8. DESIGNATION OF BENEFICIARIES ................................................. 23 SECTION 9. ADMINISTRATION ................................................................................ 23 SECTION 10. AMENDMENT OR TERMINATION .................................................. 26 SECTION 11. GENERAL LIMITATIONS AND PROVISIONS .............................. 26 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #828 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2004 budget as follows: TO: DB.5110.4.400.600 FROM: DB.5110.4.100.900 General Repairs Contractual Expenses Contracted Services Other Contracted Services $6,820.33 General Repairs $6,820.33 November 30, 2004 Southold Town Board Meeting 31 Contractual Expenses Supplies & Materials Resurfacing Projects Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #829 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: To: A.1680.2.400.440 Personal Computers $2500.00 From: A. 1680.2.400.400 Printers $2500.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #83O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby releases James Brown from his position as a part time deckhand for the Fishers Island Ferry District, be it further RESOLVED that the Town Board appoints James Brown to the position of a full time deck hand, effective December 1, 2004 at the rate of $15.00 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. #831 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: From: Appropriations: A.6772.1.200.100 T._~o Appropriations: A.6772.4.100.110 A.6772.4.400.600 A.6772.4.100.150 Programs for the Aging Part Time Employees Regular Earnings Programs for the Aging Contractual Expenses Program Supplies/Materials Programs for the Aging Contracted Services Equipment Maintenance/Repairs Programs for the Aging $ 3,300.00 $ 400.00 $ 400.00 $ 2,500.O0 November 30, 2004 Southold Town Board Meeting 32 Contractual Expense Disposables Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #832 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Horton to execute the engagement letter retaining the services of Aibrechh Viooiano~ Zureck & Co. to audit the Town of Southold's 2004 financial statements at a cost of $50,000. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #833 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Community Preservation Fund as follows: From: H3.8660.2.600.100 Land Acquisitions $ 20,000.00 To: H3.8660.2.500.100 Legal Counsel $ 20,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #834 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid proposal of Pabco~ Inc. for supplying Southold Town with bio-degradable paper leaf bags for the 2005 Calendar year. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickharn, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #835 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town of Southold initiated preparation of a Local Waterfront Revitalization Program in cooperation with the New York State Department of State, pursuant to Article 42 of the Executive Law; and WHEREAS, the Town of Southold prepared a Draft Local Waterfront Revitalization Program (DLWRP); and November 30, 2004 33 Southold Town Board Meeting WHEREAS, a Full Environmental Assessment Form was prepared and considered for the DLWRP in accordance with the requirements of Part 617 of the implementing regulations for Article 8 of the Environmental Conservation Law; and WHEREAS, a Negative Declaration was subsequently issued by the Town Board as Lead Agency on September 25, 2001, in accordance with the requirements of Part 617 of the implementing regulations for Article 8 of the Environmental Conservation Law; and WHEREAS, the Supervisor of the Town of Southold submitted the DLWRP to the New York State Secretary of State for review in April 2003, pursuant to Article 42 of the NYS Executive Law; and WHEREAS, the Secretary of State completed the review of the DLWRP, pursuant to Article 42 of the NYS Executive Law and the DLWRP was circulated by the Department of State to appropriate local, county, state and federal agencies in accordance with Article 42 of the NYS Executive Law; and WHEREAS, modifications were made to the Draft Local Waterfront Revitalization Program in response to comments received; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Southold that the Town of Southold Local Waterfront Revitalization Program is hereby approved and adopted. BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold hereby directs the Supervisor of the Town to formally transmit the adopted LWRP to the New York State Secretary of State for approval pursuant to Article 42 of the NYS Executive Law - the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. COUNCILMAN ROMANELLI: Just, congratulations. I think this is a long time coming. When I first campaigned, this was an issue, the LWRP and it was 16 years old at that time. So, congratulations, I think you deserve a lot of credit for pushing to get it done. So, thank you. SUPERVISOR HORTON: Thanks, John. COUNCILMAN WICKHAM: I would like to make just a very brief comment after reading that long thing. First of all, I would like to say what the report is and what it isn't, and it is not just a report dealing with our waterfront. It incorporates our entire area of the Town into a planning document that gives a planning framework for the Town. There are two things that I would like to mention very briefly. First of all, it insures that other government layers will follow a common script, that the federal government, the state, the county, even the Village of Greenport; will all fit together in a coordinated fashion to follow one game plan for planning for the Town of Southold. The public may not realize how much time, energy, friction is lost when different government agencies are not on the same wavelength. This is designed to put us all on the same wavelength. Second thing I would like to comment, this report calls for a one single coordinator. A Town official in the Town of Southold that will act as a coordinator to see that all of these different agencies do follow that plan and they will even see that our own departments and our own Boards follow that coordinated plan. To me, this is very important and I believe we can serve the public more efficiently in this manner. I would like to just say 1 have particular appreciation for the Town Planner, who has put a great deal of work into this over the last 10 years. SUPERVISOR HORTON: Thank you, Tom. I have got a few comments and I am not as articulate as Tom and John, so I prepared a few remarks. ,And as it pertains, Tom, both, thank you John and Tom, you are both right on the money. As it pertains to the LWRP, scores of people are to be thanked for everything that fits in between mission identified and mission accomplished. John, I think, spoke on that, it is going on 20 years since the mission was identified and tonight that portion of the mission is completed. Planning Board Chairwoman Jeri Woodhouse, Director of Planning Valerie Scopaz and the entire Planning Department, representatives from the environmental and business community as well as a myriad of townspeople, who gave selflessly of their time and energy. And that also would November 30, 2004 34 Southold Town Board Meeting include a generation of elected and appointed officials that came before me, some of whom are still selflessly serving today. Tom, who seems to weave a thread throughout that entire generation. Simply put, the LWRP is a town wide initiative, that drew upon the bottomless sea of talent and willingness to participate in the Town of Southold. A willingness to participate, I think, that resides here in town on a town wide basis. We are never at a shortage for volunteers and we definitely not, we are never at a shortage of community input, which is a healthy component of the town. I have heard it said that the biggest challenge of our time is preserving the environment, while maintaining the fabric of our community. This statement assumes that the environment does not include people thereby creating a clear divide between our natural setting and the many other important components that make our community so special. Simply defined, environment means surroundings. Therefore, I believe our challenge is must greater. Preserving farmland and open space is as important as preserving the people who work in and serve our community. We must recognize the importance of our surroundings as a whole. The people, places and things. We must then think of this broader context when we use and apply the word environment. And we must rise to the challenge of preserving this new and inclusive vision of the word environment and of our environment, so that we truly do preserve Southold Town. The adoption of the Southold Town LWRP marks not the completion of a plalming document, but the solidification of Southold Town's commitment to proper and comprehensive planning. The planning that is mindful of watershed protection, farmland preservation, business needs and housing opportunities for the local people who contribute so much to this community. They type of comprehensive planning that we must continue as we move forward from here, like all good public policy, the LWRP must be constantly reviewed and amended to represent and meet the varying needs of Southold Town. But no longer can it be said and no longer should it be said that Southold Town has no comprehensive plan. This body of work spans two decades of public input and political debate and represents hundreds of thousands of dollars worth of socio-economic research and environmental review. For many years, the LWRP remained stalled often on the muddy shoals of politics yet, John, Louisa, Tom, Bill and Dan; you put all of that aside and as the most politically diverse team this Town has seen in ages, you applied your independent thought, passion, skill and vision to complete and implement this vital, planning road map. Congratulations to you all. It is an honor to be Supervisor at such a critical time in our town's history and I am proud to work with a Town Board that is this dedicated to the overall preservation of the people, businesses and special places that paint the vibrant mosaic we call Southold Town. I just want to say it is a job well-done by you all, town staff, employees, members of the community, all the voices that were represented over the course of this 20 years and as I mentioned before, as a matter of public policy it should always massaged and reviewed and amended. And that is what comprehensive planning is about. So, thank you to the Town Board. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #836 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid proposal of HTE VAR~ LLC for the purchase of a new I5 Server to be installed at Southold Town Police Headquarters. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 30, 2004 35 Southold Town Board Meeting #837 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modified the General Fund Whole Town 2004 budget as follows: A. 1680.2.400.420 Servers FROM A.3120.1.600.500 Vote of the Town Board: Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $37,579.00 Retirement Reserve $37,579.00 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, #838 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid on Arshamomaque Dairy Farms for supplying milk for the Human Resource Center, for the calendar year 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #839 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid proposal of Meridian~ Inc. Option #1 for the removal of scrap tires at the Southold Town Transfer Station for the 2005 Calendar year. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #84O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police Department 2004 budget as follows: TO: A.3120.4.100.800 First Aid Supplies $1418.84 FROM: A.3120.2.500.800 Light bars $1418.84 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #841 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police Department 2004 budget as follows: November 30, 2004 Southold Town Board Meeting 36 TO: A.3120.4.400.650 FROM: A.3120.4.400.700 Vote of the Town Board: Vehicles Maint. & Repairs $1000.00 Vehicle Impound $1000.00 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #842 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste District budget, as follows: To~: Appropriations SR.8160.1.100.200 SR.8160.4.100.100 SR.8160.4.100.200 SR.8160.4.100.610 SR.8160.4.100.800 SR.8160.4.400.810 SR.8160.4.400.820 SR.8160.4.400.850 Employee Overtime $ 2,000.00 Office Supplies $ 100.00 Diesel Fuel $10,000.00 Maint/Supplies - Forklift $ 400.00 Maint - Facilities/Grounds $1,500.00 C&D Removal $15,000.00 Plastic Recycling $ 1,000.00 Refrigerant Removal $ 2,000.00 From: Appropriations SR.8160.1.300.100 SR.8160.4.400.805 Temporary/Seasonal Employees $ 2,000.00 MSW Removal $30,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. //843 Moved by Councilman Ross, seconded by Supervisor Horton, WHEREAS, a Project entitled Resource Protection: North Fork Trail Scenic Byway, P.I.N. SB09.03.321 (the "Project") is eligible for funding pursuant to section 1219 of TEA-21, that provides for federal funding of eligible activities under a National Scenic Byways Program; and WHEREAS, New York State Highway Law Article XII-C authorizes the New York State Department of Transportation to plan, design and develop the New York State Scenic Byways Program inclusive, under Highway Law §349-bb, of applying for scenic byways funding and contracting with qualified responsible not-for-profit organizations involved in scenic byways activities for services relating to the development of the New York State Scenic Byways Program, or services relating to the operation, development or promotion of a specific scenic byway; and WHEREAS, the scenic byway project or activity that constitutes the Project hereunder results from FHWA approval of New York State's grant application, prepared by the New York State Scenic November 30, 2004 37 Southold Town Board Meeting Byways Advisory Board, for National Scenic Byways Program funds, and the parties wish to progress such project or activity and provide for the funding thereof, WHEREAS, the Town Board of the Town of Southold desires to advance the above project by making a commitment of 100% of the federal and non-federal share of the costs of $150,000.00; and WHEREAS, $120,000.00 of that $150,000.00 would be reimbursable to the Town of Southold as the federal share of the costs; and WHEREAS, the Town Board has previously resolved to appropriate its $30,000.00 share of the Project costs as follows: $15,500.00 in Town salaries, $4,500.00 in in-kind volunteer services, and $10,000.00 in cash. NOW, THEREFORE, the Town Board of the Town of Southold, duly convened does hereby RESOLVED, that the Town Board of the Town of Southold hereby approves the above-subject pro.iect; and it is hereby further RESOLVED, that the Town Board of the Town of Southold hereby authorizes to pay in the first instance 100% of the federal and non-federal share of the cost of $150,000.00 for the Project or portions thereof; and it is further RESOLVED, that the sum of $150,000.00 is hereby appropriated and made available to cover the cost of participation in the above Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board of the Town of Southold shall convene as soon as possible to appropriate said excess amount immediately, and it is further RESOLVED, that the Supervisor of the Town of Southold is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. SUPERVISOR HORTON: What this resolution refers to is a grant that we applied for and was accepted through the federal government and the state government to convene a study, a feasibility study in regard to burying the lines along the causeway between East Marion and Orient. The study essentially calls for the Town contributing a small share of that financial burden and the lion's share of the $130,000 or $120,000 coming from federal and state government. And this is something that the Transportation Commission has requested and we have had lengthy discussion about it over the course of the past couple of months and I believe last year as well, and the time has come to move it forward and that is exactly what this resolution is doing. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. November 30, 2004 Southold Town Board Meeting 38 #844 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the local law entitled, "A Local Law in relation to Adoption of the Zoning Map dated November 3~ 2004" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #845 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Glew~ Custodial Worker I, effective December 10, 2004. SUPERVISOR HORTON: I just want to take a moment to say that Michael will be sorely missed in Town Hall, he hasn't been with us for very long, I believe less than six months but he is a hard worker and while he has been here he has given 150% in his duties and he will certainly be missed. I know that he is moving on to bigger and better things and we wish him well in his future endeavors. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #846 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of November, 2004 a Local Law entitled "A Local Law in relation to Stop Signs on Eliiah's Lane" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of December, 2004 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Stop Signs on Eliiah's Lane" reads as follows: LOCAL LAW NO. 2004 A Local Law entitled, "A Local Law in relation to Stop Signs on Elijah's Lane". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Traffic moving uninterrupted at a high rate of speed along Elijah's Lane in Mattituck has resulted in a safety concern for the residents in that area, as well as for traffic moving along the cross streets. Accordingly, in order to maintain public safety it is necessary to install stop signage along Elijah's Lane at the intersection of Tabor Road. II. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 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: November 30, 2004 39 Southold Town Board Meeting Stop Sign on Direction of Travel At Inter- Location Section With (hamle0 Eliiah's Lane South Tabor Road Mattituck Elijah's Lane North Tabor Road Mattituck Tabor Road East Eliiah's Lane Mattituck III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN WICKHAM: I would just like to say that I think this is a problem that could be addressed by speed limit enforcement, better than stop signs. SUPERVISOR HORTON: And noted that this is just to set a public hearing, so the public does have a voice. And also to that end I want to say that enhanced enforcement has been a focus on that particular road with addition of the smart sign that we have available to us. And as I mentioned before at the work session, it is a straight and wide thorough-fare between Route 48 and Route 25, where numerous families and their children reside and play. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. #847 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Whole Town Budget as follows: From: A.1620.4.400.100 To: A.1620.4.100.100 Contracted Services - Building Maintenance & Repairs Vote of the Town Board: $20,000 Building & Grounds - Supplies & Materials $20,000 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #848 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: November 30, 2004 Southold Town Board Meeting 40 TO A.3120.4.100.200 FROM A.3120.1.600.500 Vote of the Town Board: Gasoline & Oil $20,000.00 Retirement Reserve $20,000.00 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #849 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #734~ adopted at the October 5~ 2004 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves at the Southold Town Landfill, free of charge, until December 31~ 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #850 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the local law entitled, "A Local Law Amending Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. JUSTICE EVANS: I recuse myself because my husband is a volunteer firefighter and works on the ambulance boat. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. Abstain: Justice Evans. This resolution was duly ADOPTED. #851 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Stop Signs on Eliiah's Lane" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. #852 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign the 2005 Program Application for the Southold Youth Services Program, funded in part by a grant from the Suffolk County Youth Bureau. November 30, 2004 41 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #853 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 the 2005 Program Application for the Southold Town Juvenile Aid Bureau Program, funded in part by a grant from the Suffolk County Youth Bureau. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #854 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby determines to hold a public hearing on January 5~ 2005 at 9:00 o'clock a.m. at the Town Hall~ 53095 Route 25~ Southold~ New York~ pursuant to Article 2 of the New York State Eminent Domain Procedure Law with respect to the proposed acquisition under the New York Eminent Domain Procedure Law of the eastern portion (approximately halO of the following parcel located on Hortons Lane in the hamlet of Southold~ directly behind the existing Town Hall building~ to provide ample space for expansion and the reconstruction of the Town Hall building in Southold: Reputed Owners George and Margaret Stankevich SCTM #1000-61-1-3 The property to be acquired is needed for the purpose of expansion and construction of a new Town Hall facility. RESOLVED, that the Town Clerk is hereby directed to publish the attached notice of public hearing as follows: a. in two (2) successive issues of The Suffolk Times, the official newspaper of the Town of Southold commencing on Thursday, December 16, 2004; and in five (5) successive issues of Newsday, a newspaper of general circulation within the Town of Southold, commencing on December 15, 2004; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the attached notice to Patricia A. Finnegan, Town Attorney, and reputed owners. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #855 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Historical Records Microfilming grant application~ in November 30, 2004 42 Southold Town Board Meeting the amount of $48~374.00 to the New York State Education Department, State Archives and Records Administration, under the 2005-2006 Local Government Records Management Improvement Fund grant program, for the Town Clerk's Records Management Program. SUPERVISOR HORTON: The Town Clerk is at it again. It is always something new with Betty and it is always something good, bringing Southold Town's Records Management .... COUNCILMAN ROMANELLI: To a new level. SUPERVISOR HORTON: Yes, to a new level. Well into the 21st century and surpassing most municipalities. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that this Town Board Meeting be and hereby is declared recessed at 8:15 P.M. in order to hold two (2) public hearings on the matters of {1.) ENACT "A LOCAL LAW IN RELATION TO ADOPTION OF THE ZONING MAP DATED NOVEMBER 3~ 2004." AND {2.) ENACT "A LOCAL LAW AMENDING VOLUNTEER FIREFIGHTER AND AMBULANCE WORKER REAL PROPERTY TAX EXEMPTION." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at #856 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of November, 2004 a Local Law entitled "A Local Law in relation to Adoption of the Zoning Map dated November 3~ 2004" 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. 23 OF 2004 A Local Law entitled, "A Local Law in relation to Adoption of the Zoning Map dated November 3, 2004 ". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - The proposed Zoning Map replaces the Zoning Map that was created in 1957 and amended in 1989. It reflects actual property lines and shows all zone changes that have previously been adopted by the Town Board. The new map is designed to be clear, accurate and easily updated. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-21. Zoning Map. The boundaries of the said districts are hereby established as shown on the Zoning Map, dated Ja:x:ary !0, 1989 November 3, 2004, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating November 30, 2004 43 Southold Town Board Meeting the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. SECTION 3. SEVERABILITY. Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part decided to be unconstitutional or invalid. SECTION 4. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: I see one of our other attorneys in the audience, again, thank you Kiernan as well for participating in this and for the guidance you have provided the Town over the course of the past year. 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: Before we move too much farther, I stepped aside from my own protocol of asking for a roll call vote on a local law, so if we could do a roll call, please. #857 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 4th day of November, 2004, a Local Law entitled, "A Local Law Amending Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption", 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. 24 - 2004 A Local Law Amending Volunteer Firefighter and Ambulance Worker Real Property Tax Exemption BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD as follows: Section 1. Legislative Intent. The Section 466-c of the New York Real Property Tax Law, has recently been amended to authorize localities such as the Town of Southold to broaden the partial real property tax exemption for eligible volunteer firefighters and ambulance workers to the extent of ten percent of the assessed value to support the recruitment and retention of these volunteers. The purpose of this law is to conform the Town law to the newly enacted State law, thereby allowing the maximum benefit permitted to volunteer firefighters and ambulance workers. Section 2. Amendment. Chapter 85 of the Code of the Town of Southold is hereby amended as follows: § 85-10. Exemption granted; volunteer firefighter and volunteer ambulance workers. A. Qualifying residential real property, under § 466-c of the New York State Real Property Tax [,aw owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service or such enrolled member and spouse residing in Suffolk County, shall be exempt from taxation to the extent of 10% of the assessed value of such property for city, village, town, part town, special district, county or school district purposes, exclusive of special November 30, 2004 44 Southold Town Board Meeting assessments., ........., ................. v ........................................................ v .... B. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service residing in such county unless: (1) the applicant resides in the city, town or village which is served by such incorporated fire company or fire department or incorporated voluntary ambulance service (2) the property is the primary residence of the applicant (3) the property is used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section (4) the applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company or fire department for at least five years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years. It shall be the duty and responsibility of the municipality to determine the procedure for certification. C Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated voluntary fire company or fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life, as long as his or her primary residence is located with the Town of Southold. D. Application for such exemption shall be filed with the assessor or other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board. E. Incorporated volunteer fire companies, fire departments and incorporated volunteer ambulance services shall file lists of its enrolled members eligible for the exemption provided by this section with the assessor or other agency, department or office designated by the municipality offering such exemption on or before the taxable status date on a form as prescribed by the State Board. F. No applicant who is a volunteer firefighter or volunteer ambulance worker who, by reason of such status is receiving any benefit under the provisions of this article on the effective date of the section, shall suffer any diminution of such benefit because of the provisions of this section. Section 3. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 4. Effective Date. This law shall take effect immediately upon filing in the Office of the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2005. November 30, 2004 45 Southold Town Board Meeting JUSTICE EVANS: I have to recuse myself because my husband is a firefighter and navigator on the ambulance boat. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. Abstain: Justice Evans. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions. Would anybody care to address the Board on other town related items? Mrs. Egan. MS. EGAN: You didn't even have to look, did you? Just a re-mn of some things. Joan Egan, East Marion. Now, you, I saw on TV, you have five new police officers, one is still in the academy, the other four are on duty? SUPERVISOR HORTON: Three are in the academy. MS. EGAN: Oh, you have three in the academy? SUPERVISOR HORTON: That is correct. MS. EGAN: And you have two active, on duty? SUPERVISOR HORTON: That is correct. MS. EGAN: Good. And the Animal Shelter is progressing? SUPERVISOR HORTON: Yes, it is progressing very well. MS. EGAN: Good. SUPERVISOR HORTON: We expect to pick an architect at the next official Board meeting. MS. EGAN: Good. And of course I suppose it goes without saying that there is something issued to all town employees of no gratuities at Christmas? SUPERVISOR HORTON: I have not done that, no. MS. EGAN: You will do it. SUPERVISOR HORTON: I probably won't. MS. EGAN: Why not? SUPERVISOR HORTON: Because it is redundant, it is a standard as it is. So, we are guided by our own rules and regulations. November 30, 2004 46 Southold Town Board Meeting MS. EGAN: You mean you are assuming that because it is something that they shouldn't do, that they won't do? SUPERVISOR HORTON: No, on the contrary, I am just not going to do to assume that because it is Christmas time, people may not do something, may do something that they are supposed to do. MS. EGAN: Well, I witnessed it here a couple of years ago. SUPERVISOR HORTON: Well, then you should bring that directly to my attention, if that is the case. And you know how to get ahold of me. MS. EGAN: I can't live up here. But I will find out about it. But you see, unless I witness it, I will not tell you about it. I won't do hearsay. So I think it is incumbent upon your part to let them know that they shouldn't do it. SUPERVISOR HORTON: Okay. MS. EGAN: Now, you issue these newsletters monthly to everybody? SUPERVISOR HORTON: We do not issue them, no, we do not issue a monthly newsletter. MS. EGAN: How often do you send that out? SUPERVISOR HORTON: It, we try to do it once a quarter. This year we have been very busy and hope to have one out by Christmas. MS. EGAN: Good. I would hope that you will have somebody, maybe Mrs. Finnegan could write something up for people to be better informed about the Child Protection Agency. I am sure you are all reading the papers, what is happening to our children. So that would be a nice task for you to do, Mrs. Finnegan. And I will help you, if you need it. TOWN ATTORNEY FINNEGAN: Thank you. MS. EGAN: Oh, what progress is being made about rebuilding Town Hall? SUPERVISOR HORTON: We are, I feel that the Board is advancing in lock step, in unison and doing very well. We hope to have an architect in, possibly next week to give some preliminary concepts and the eminent domain proceeding that we have set is in relation to acquiring enough property to house a proper facility right here. MS. EGAN: Good. Now, if you would be kind enough would you just review what I guess we did a couple of months ago in regard to run-off soil, where new buildings, new construction, if it is done after a certain date .... SUPERVISOR HORTON: It is required to be contained on site... November 30, 2004 47 Southold Town Board Meeting MS. EGAN: Pardon? SUPERVISOR HORTON: It is required to be contained on site over the course of construction. MS. EGAN: Yeah. Say that again. SUPERVISOR HORTON: It is required to be contained on site over the course of construction, I think is what you are referring to. MS. EGAN: Okay, good. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: Detective Dzenkowski will help you with that, also. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board? Yes, Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. Some weeks ago members of the 67 Steps Association and/or the Eastern Shores Association submitted a petition to the Town Supervisor and the Councilpeople regarding the establishment of a group home by OMRDD in our neighborhood. The petition requested that the Town Board convene a research committee to explore that site and perhaps other perhaps more suitable or additional sites in the surrounding area of Greenport. We just wanted to know about the status of our proposal. SUPERVISOR HORTON: The Board hasn't discussed it, hasn't discussed the petition. MS. NORDEN: When will it? SUPERVISOR HORTON: That is a good question. I am still .... MS. NORDEN: This is a rather time bound issue, so it has been several weeks now. SUPERVISOR HORTON: You asked me a question and I am trying to answer it. MS. NORDEN: Okay. SUPERVISOR HORTON: Because what 1 am trying to do, quite frankly, get my hands around what exactly you would want to achieve through the petition. As I understand it, you are referring to a home that was purchased, an established home, I believe, that Tommy Watkins owned .... MS. NORDEN: Right. SUPERVISOR HORTON: ...and he sold it to... MS. NORDEN: Let me just say .... November 30, 2004 48 Southold Town Board Meeting SUPERVISOR HORTON: Excuse me, let me finish .... MS. NORDEN: The home is in contract. SUPERVISOR HORTON: Yeah. I believe, AH, AHRC... MS. NORDEN: OMRDD. SUPERVISOR HORTON: OMRDD. And essentially what they provide, they are not building a home or expanding it, they are looking to purchase the home and the service they provide, as I understand it, is they house people in this community that have mental and physical disabilities. MS. NORDEN: That is correct. SUPERVISOR HORTON: And essentially they could, they provide 24 hour care. MS. NORDEN: That is correct. SUPERVISOR HORTON: And you want to know if the Town Board will help you find a more suitable neighborhood, so it is not in yours? MS. NORDEN: No, we actually wanted the, first of all we wanted to know what the Town Board's response was to the paperwork that had been received. SUPERVISOR HORTON: I personally didn't respond. MS. NORDEN: Has, did any other member respond? SUPERVISOR HORTON: Did any other member of the Board respond? MS. NORDEN: And was there a reason why the Town Board did not respond to the state's paperwork. SUPERVISOR HORTON: We weren't required to respond .... MS. NORDEN: I understand that but .... SUPERVISOR HORTON: You asked a question, I am trying to answer, Melanie. MS. NORDEN: Okay. SUPERVISOR HORTON: Because I, for one, didn't understand why the state is required to contact me if they are purchasing a home. I mean, we are talking about people. We are talking about people who are going to live in that home, just as any other citizen in the Town of Southold. And I for one, felt if I responded, it would be almost borderline discriminatory act. November 30, 2004 49 Southold Town Board Meeting MS. NORDEN: Well, actually, in point of fact, that really is not the case. SUPERVISOR HORTON: That is just, you asked me why, that is what I felt. MS. NORDEN: Right, except that is not how the law roads and the law does require that Town Board's and state representatives and other people be notified because this kind of a home or a facility within a residential neighborhood has documented impacts on the entire neighborhood. In part and parcel, the process allows the Town Board to function in the way that you were just talking about earlier, when you were advocating the concept of the imperative notion that the public have a voice. Now we, are the public, we are 70 property owners signed the petition, we have approximately 400 property owners in this area. All of whom are very concerned about this facility but particularly concerned ..... SUPERVISOR HORTON: About a two bedroom, three bedroom house where people with mental disabilities might live? MS. NORDEN: No, wait. Let me finish. Let me finish. No, particularly concerned that there was no redress or information given to anyone in our community or any opportunity for any person in our community to respond or have an opinion or in any way examine the impact of such a facility on our community. We are concerned because of the very notion of public voice that you are advocating and of disgust. We feel that we have no voice. We feel that the Town Board, we are the taxpayers, we are the people in the Town that have a stake and a vested interest in the Town and we generally feel that the Town Board has not responded appropriately or that any member has responded in any way to our concerns. In the petition, we did not ask for the removal of something that actually has not occurred, we ask for consideration. The petition and 70 taxpaying .... SUPERVISOR HORTON: I understand that .... MS. NORDEN: .... property owners ask for your consideration. SUPERVISOR HORTON: Certainly. MS. NORDEN: We asked you, since you did not explore the papers initially, and since the Town Board in no way invoked or convened public opinion nor did you ask anybody in the neighborhoods how they felt about .... SUPERVISOR HORTON: May I ask you a question? MS. NORDEN: ...such a facility, we asked the Town Board to explore that with us. We submitted a petition... SUPERVISOR HORTON: May I ask you a question? MS. NORDEN: Yeah. November 30, 2004 50 Southold Town Board Meeting SUPERVISOR HORTON: You have your house for sale, correct? MS. NORDEN: Yes. SUPERVISOR HORTON: Ifa family with a, ifa family that had a child that was developmentally .... MS. NORDEN: This is, frankly, this is .... SUPERVISOR HORTON: Excuse me, let me finish. MS. NORDEN: Alright, okay. SUPERVISOR HORTON: If a family that has a child that was developmentally disabled wanted to purchase your house, would you sell it to them? MS. NORDEN: Sure. But that is not what...Josh, wait a minute .... SUPERVISOR HORTON: No, excuse me... MS. NORDEN: That is not the issue that I am addressing. SUPERVISOR HORTON: Would you feel as though the entire Town had to be notified, for a private transaction? MS. NORDEN: No, but this is not about a private sale. SUPERVISOR HORTON: For a private transaction, simply because there are people with developmental disabilities? MS. NORDEN: No, but this is not a private sale. And in fact, bill's have been introduced to Albany and to the State Legislator indicating that in fact when the state comes in, as you know in the case of Nassau and Suffolk county, recently it was, it had to do with sex offenders and it was a lot of hoopla .... SUPERVISOR HORTON: But please do not .... MS. NORDEN: Alright, but I am just saying... SUPERVISOR HORTON: Please do not blend those two. You are .... MS. NORDEN: I am just saying that when... SUPERVISOR HORTON: You are simply talking about people who work in our .... MS. NORDEN: I understand that and I know that. November 30, 2004 51 Southold Town Board Meeting SUPERVISOR HORTON: ...who work in our community, that simply have .... MS. NORDEN: They don't work in our community. SUPERVISOR HORTON: .... through no fault of their own, simply by an act of nature .... MS. NORDEN: Josh, I am not even saying... SUPERVISOR HORTON: .... have a mental disability or a handicap .... MS. NORDEN: I understand that except that nobody is addressing that issue .... SUPERVISOR HORTON: .... and you don't want them living in Greenport. MS. NORDEN: No, no. No one is addressing that issue. I am not addressing the suitability of it, I am addressing .... SUPERVISOR HORTON: Then what .... MS. NORDEN: .... wait a minute, let me finish. I am addressing the fact that no one in our neighborhood had any input into this decision making process, nor was the public, the public had an opportunity and a right to have input into the process. I am not addressing the suitability, I am not saying it is unsuitable, the point is, it is a decision made by the state that is required to notify the Town Board and the Town Board, as our representatives, had every opportunity and neglected in any way .... SUPERVISOR HORTON: We did not neglect. MS. NORDEN: Well, you didn't inform us, nor have you given us an opportunity now that we are informed and found out about it to actually redress and or explore the options .... SUPERVISOR HORTON: Are you afraid this is going to hurt your property values? To have people mentally disabled living in your neighborhood? MS. NORDEN: Josh, don't try to bait me on this issue. I am talking about ..... SUPERVISOR HORTON: No, I am not ..... MS. NORDEN: ..... process, due process and representation of the public. I am not going to say and stand up here that I am opposed to, nor will I be baited on this. I am talking about the fact that the Town Board represents us, that we have every right to be informed about any changes in our community that will affect our children, that will affect our health, that might affect our safety and, and we have every right to know that and it is your role... SUPERVISOR HORTON: Excuse me, excuse me. MS. NORDEN: .... as a Town Board to recognize ..... November 30, 2004 52 Southold Town Board Meeting SUPERVISOR HORTON: May I ask a question then? What threat to your children's safety .... MS. NORDEN: I am not saying it poses a threat. SUPERVISOR HORTON: No, I want .... MS. NORDEN: Oh, come on, Josh. Don't bait me like this. I am talking about the fact that we .... SUPERVISOR HORTON: Melanie... MS. NORDEN: Why do we not have an opportunity to address this? SUPERVISOR HORTON: This is the height of NIMBYISM and I am wondering ..... MS. NORDEN: I am sorry that you feel that way. SUPERVISOR HORTON: ...and I am wondering .... MS. NORDEN: But I think it is the matter of the height of taxation without representation. SUPERVISOR HORTON: I think it is institutionalized discrimination. MS. NORDEN: You may but however, the state provides procedures for the public to be informed and to participate .... SUPERVISOR HORTON: When retarded people move into their neighborhood. MS. NORDEN: No, this is a matter of .... SUPERVISOR HORTON: I don't, I philosophically don't understand .... MS. NORDEN: No, this is an establishment of a state facility. This is not simply individuals moving into a neighborhood .... SUPERVISOR HORTON: It is a home. MS. NORDEN: .... who are family related. This is a state facility, funded by the state, authorized by the state with procedures. Part of those procedures... SUPERVISOR HORTON: I will offer you this... MS. NORDEN: .... part of those procedures allow for public participation. By taking this arrogant, high-handed attitude that you don't have any responsibility towards your taxpayers who may have, for whatever reasons, concerns. The state and the process allows for taxpayer participation, whether you like it or whether you don't. November 30, 2004 53 Southold Town Board Meeting SUPERVISOR HORTON: I will do this for you. This is what I will do. I will, at your request, I will contact the head of the agency... MS. NORDEN: That is not what we requested. SUPERVISOR HORTON: .... or as close as I can and ask them to convene a public hearing in your community. MS. NORDEN: Well, they are not required to convene a public hearing. That is actually not what we requested. Let me be clear about our petition. SUPERVISOR HORTON: You want us to .... MS. NORDEN: Let me be clear about our petition and our request. SUPERVISOR HORTON: You want us to find another neighborhood. MS. NORDEN: No. I wanted the site, the current site and other sites explored for the most appropriate site. Now whether you believe that this is or is not the most appropriate site, since you have given me no criteria as to how you made that decision or that you even made that decision .... SUPERVISOR HORTON: Because I don't know what criteria I would humanly be able to establish to have people who have, innocently have through an act of nature, have a mental or physical disability, I don't know what criteria to establish .... MS. NORDEN: Well, the state has a number of those criteria, some of which are geographic, SUPERVISOR HORTON: ..... to say where is an appropriate neighborhood for them to live. MS. NORDEN: .... some of which are physical, I am not asking you, I am asking you, I am not talking about suitable neighborhood, I am talking about certain definitions in the neighborhoods; like sidewalks, like size of roads. All I am saying is, this process allows for public participation. You can lay whatever you want to on NIMBYISM on me, 1 am not discussing that. I am talking about the fact that our rights, we were not represented appropriately nor were we given any opportunity to respond in any step along the way in this process. The process, as you know, allows the Town Board to convene a hearing, allows the Town Board to explore this and other sites. I don't think you guys bothered to even look at the site. Allows the Town Board .... SUPERVISOR HORTON: Excuse me, excuse me, Melanie. I have been, I was in that .... MS. NORDEN: You tell me .... SUPERVISOR HORTON: I was in that neighborhood and playing in that neighborhood long before you ever came to Greenport. So I know where the house is. November 30, 2004 54 Southold Town Board Meeting MS. NORDEN: But I am not talking about how you played as a kid, I am talking about you assess the site... SUPERVISOR HORTON: And I know the gentleman who is selling the house. MS. NORDEN: Alright, but I am talking about how you asses the site as a professional, looking for what is best in the community. I am not talking about how you played in the neighborhood as a kid. What I am saying is, nobody is our neighborhood .... SUPERVISOR HORTON: I have been to the site. MS. NORDEN: .... of the 300 or so property owners, were given any opportunity for public input or participation. That is what we are addressing. We are not addressing the suitability. We are addressing the fact that we come to this Town Board meeting, almost to every Town Board meeting. Nelia happens to live next door to this property. She wasn't even aware that this .... SUPERVISOR HORTON: I know, and Mrs. Quatroche, who I have known my entire life, lives right down the road. MS. NORDEN: Right. But we are all addressing the issue that we really feel .... SUPERVISOR HORTON: (inaudible) and also who sold a house to the same organization. MS. NORDEN: We should have been informed. And that we should have had the opportunity, as the state allows, for public participation. And we resent the fact that you did not provide that opportunity to us. Tom? COUNCILMAN WICKHAM: Ms. Norden. I would just like to comment. The state law, under the Pademann Law, is very restrictive as to what town's can and can't do when an agency comes in and wants to place such a home. It is true that the Town can, at it's discretion, I believe, hold a public hearing and can seek to move a house from one location to another. We can establish criteria, we can do that. Ten years ago, this Board did exactly that. And every time we selected what we thought was a more appropriate home, the room filled up with even more people opposing it. I don't think, I do think that the state law has been written in such a way as to give town's very little discretion in this. I think it is written for a good reason. It is written because these hearings generally go nowhere. And the best thing is to leave it to the discretion of the agency that wants to place the house and to trust to the goodwill of our people to accept it. MS. NORDEN: Well, I disagree. I really think that there are two bills, #2903 in front of Albany right now and another additional bill; both of which address the fact .... SUPERVISOR HORTON: Are they adopted bills? MS. NORDEN: .... well, they are in the process of being adopted, we hope. But I am just saying, as an illustration, the reason why they have been introduced as legislation is because of the very reasons of all of the problems that happen when homes llke this are introduced into communities that are not November 30, 2004 55 Southold Town Board Meeting aware of them. And it may be that the states particular practice was always a kind of cloak and dagger, let's go in, let's buy something, let's not tell anybody; however, there are provisions in the law. We read the FOILS, you have seen all the papers we received, you had ample opportunity to respond on our behalf, you didn't do anything; for whatever constellation of reasons but nevertheless, these bills are now being introduced for the specific reason that it is very problematic to not inform a community. It is very difficult to not let people in a community know and in fact, it is not safe. And it is not that it is not safe for the people who live in the community, it is also not safe for the new people who are coming into the community. SUPERVISOR HORTON: People who are, Melanie .... MS. NORDEN: Yes? SUPERVISOR HORTON: .... it is a three-bedroom house, a lovely little house, in a lovely neighborhood. And you are talking about it being unsafe for people because they have a physical or a mental disability. There is going to, as I understand it, 24 hour care .... MS. NORDEN: I know there is. Josh, let me just say .... SUPERVISOR HORTON: I just don't understand what it unsafe about this? MS. NORDEN: Well, if you haven't really read .... SUPERVISOR HORTON: Where do you want these people to live? MS. NORDEN: Well then, I guess you haven't read the literature. SUPERVISOR HORTON: I mean, should you .... MS. NORDEN: What is unsafe about it is, a lot of times... SUPERVISOR HORTON: Should we force them into a subway tunnel somewhere? MS. NORDEN: .... wait a minute, let me answer the question. No, what is unsafe about it is that a lot of times, people who are residents of these homes .... SUPERVISOR HORTON: Because I don't understand this. MS. NORDEN: .... may have 24 hour supervision but also may spend times walking around these neighborhoods in wheelchairs or on their own. And that presents, for a community that has been historically unaware of those kinds of problems. That it has presented consistently difficult in safety issues for the group home resident themselves; which is why this legislation has been introduced. The legislation is also introduced .... SUPERVISOR HORTON: But it is not legislation that is .... November 30, 2004 Southold Town Board Meeting 56 MS. NORDEN: ...it hasn't passed but all I am saying is the reason why it has been devised, is because when you or the state or any other group of people end up making a decision for a community without that communities input and believe me, I believe in the community of people that we have and I believe that we are not talking about a NIMBY or a prejudice issue, we are talking about an issue in which we really believe that we have the right to know what goes on in our communities. And this is a textbook example of what is wrong with government. Because you get a notification that will affect everyone in my community and you choose for whatever constellation of reasons, not to involve us in the process. Either because it becomes more difficult as Tom says or it upsets the applecart, so why bother... SUPERVISOR HORTON: Melanie, that's ..... MS. NORDEN: ...or for whatever constellation of masons. SUPERVISOR HORTON: No, that, I will tell you what .... MS. NORDEN: Like you basically don't think that we have the right to make decisions about our... SUPERVISOR HORTON: No, excuse me. MS. NORDEN: .... about our future. SUPERVISOR HORTON: No, you are wrong about that. And .... MS. NORDEN: Well then why wouldn't you respond at all? SUPERVISOR HORTON: I understand, perhaps it was purely out of innocence because you know why? Not in a thousand years, not ever; as long as I am walking the face of this earth, would I be concerned or opposed or object to having somebody with a mental or physical disability. MS. NORDEN: You may not, Josh .... SUPERVISOR HORTON: That is why perhaps, innocently, I couldn't even understand why the state would give this, would offer this type of opportunity .... MS. NORDEN: Well, let me... SUPERVISOR HORTON: ...because, now that I think it through further, I think what it does, it is just an opportunity to take a group of, a very important and real segment of our society, population in our society; and pass them around, knock them around from neighborhood to neighborhood like a hockey puck. MS. NORDEN: Well, first of all, that is not the case. The state does not operate that way, thankfully. And ..... SUPERVISOR HORTON: So, I don't understand how this a failure of government... November 30, 2004 57 Southold Town Board Meeting MS. NORDEN: ...the way that you do things, I really respect but you are not simply an individual viewing a social problem with only one set of blinders. SUPERVISOR HORTON: That may be so. MS. NORDEN: The point is, we have a whole Board. We also have a process, a political process, which allows the electorate to be informed. And I am addressing that part of the process in which you let us down and .... SUPERVISOR HORTON: I am sorry you feel that way. MS. NORDEN: .... we said, 'we would like to know more about this, we would like you to convene a committee, we would like to see if other sites have been explored or examined.' Which I think is perfectly reasonable. Instead of responding to us as a group of people, 70 property owners, and 300 more .... SUPERVISOR HORTON: No, it's not instead of.... MS. NORDEN: .... instead of responding or calling up or picking up the phone ..... SUPERVISOR HORTON: Melanie, stop. You know, Melanie .... MS. NORDEN: .... or saying what is this about, you have chosen again, to do nothing and my question is, why? SUPERVISOR HORTON: .... I think .... MS. NORDEN: This is, why are, why can't we rely on this Board to bring us into the political process and to do .... SUPERVISOR HORTON: I think this conversation is as far as ..... MS. NORDEN: .... as I said earlier, to give the public a voice. SUPERVISOR HORTON: .... this conversation has gone as far as it is going to go. I am going to offer the floor to anybody else who would like to address the Board. MS. NORDEN: Well, I would like to hear from other Board members, if they have any other opinion on this? SUPERVISOR HORTON: Mr. Talbot, would you care to address the Board? CHRIS TALBOT: My name is Chris Talbot, I am a resident of Cutchogue. A couple of things that I want to touch on. We'll just touch on her subject real quickly. I think being a little naYve, Josh, if you say it wouldn't affect anybody, having a facility like this come into a neighborhood .... November 30, 2004 58 Southold Town Board Meeting SUPERVISOR HORTON: First, it is not a facility, it is a house that is already built, already constructed. A three-bedroom ranch. MR. TALBOT: No, no. I am not going to argue that fact and I agree with Tom, this was a big issue a few years back and every time it did come up, there was a lot of press on this and it did get fought and bounced around from neighborhood to neighborhood. One of the things that maybe the previous speaker might have some say with the building department, being that it is an assisted living facility with under the state building code, you know, has to meet certain specifications. So, you know, she can go down there and talk to those guys. However, I live near the Main Road in Cutchogue and there is a facility probably just about eight or nine houses away from me there, the folks that are in that house walk the street, they get picked up by taxi cabs and they haven't ever presented a problem to anybody in the community. I have never seen anybody complain, I have never seen the immediate neighbors complain. It is directly across the street from the North Fork Country Club and on their behalf, I think that the facility and the people that are watching over them is an asset to the community, as you were saying. So I don't think there would be any problem for the people if a new facility was going to move into their neighborhood. The other reason I came to speak is kind of a touchy subject and it is the Animal Shelter. I know that this has been going on for a while and if I didn't have put some of my own two cents into this, it would bother me for a while. I know this facility when it first went out to bid, it came back when you were looking in the ballpark at $500,000 to $700,000. And it came back, I believe, in the $800,000 range and that facility was passed down, tumed down because the bids were too high. Now we are talking $2,000,000. About a year ago, I found something on the internet and it was like a poll building, such as the Morton building or some of the steel buildings you see going up here, and it was an Animal Shelter that was built just about exactly to the specifications that we are looking for and it was in nothing comparable to our area but it was in Iowa. So I called up the facility in Iowa and asked them if they had any changes that they would make to it and they said there were a few interior changes that they would make, change around a cattery and offices and stuff like that but the facility worked perfectly for them, it had I believe, 26 or 24 kennels, indoor and outdoor and the cost of it was $450,000. So, you know, this is a building that is on a slab and we have, you have heating guys on the Board here, if you built .... SUPERVISOR HORTON: He actually is going to donate his services, he said. MR. TALBOT: Well, if he donated some radiant heat for that thing, I think that animals wouldn't want to be adopted. You know, that would be the best facility, how to heat that building like that, where it is a tall building but I think that $2,000,000 is absolutely ridiculous. When you, I was the Chairman of the Mattituck Parks Commission and we built the building down there, it is previously approved and it is being built right now, and it is about 3,000 square feet, I know you are talking around 8,000 square feet which is a large dog shelter but that building we did for $314,000 and that is a 42 by 70 or 75 building and I know your engineer said $250 a square foot he was estimating that, some of the better houses that are being built around here now are not even built at $250 a square foot and you are talking soup to nuts. I think that estimate is very high, I think if we spend anywhere around $2,000,000. I think that you guys, that is a tough nut to chew and I think it is wrong if you do it. It is wrong to the public, you could probably knock $1,000,000 off that, with ease. And if you guys specked out some kind of building, we have one of our own guys that it, the facility in Mattituck is, it is scale wages, so it is apples to apples. You can spec something, which we are looking for and we November 30, 2004 59 Southold Town Board Meeting need and I think when you are spending $100,000 to $200,000 for an architect on these buildings when you have somebody like a Morton, who is right in town, I don't know that they are even interested in bidding on something like this but there is enough of the other building types that would, you don't even need an architect because they have their own plans already and you just chop up the inside how you want to chop it up and you through some chain link fencing up between the keimels and inside and out and you put your dog doors and you through radiant heat in there and you could do it for probably $800,000 that you turned down. So I think this is something we have got to look into and turn this thing around before you guys start committing to $2,000,000. You could take that $1,000,000 off and spend that wisely somewhere else. SUPERVISOR HORTON: I just want to put something on the record, you keep referring to $2,000,000. The Town Board doesn't have a price and, of $2,000,000 for a Shelter and it's a lot of time and a lot of energy has gone into what the Board as a whole feels is going about this the right way and two things at play here, one, we are expecting bids of much less than $2,000,000 as well. So to think that the Board is just excited to go out and drop $2,000,000 is incorrect. MR. TALBOT: No, I am not saying it is exciting you, I would hope it would not. SUPERVISOR HORTON: And the other thing is that we have an agreement and I think once things get rolling, I think the, our agreement with the foundation that is designed specifically to conduct fundraising efforts for the Animal Shelter, I think we will be successful, once, you know, if we can move forward together with a plan that has positive support, I think the fundraising opportunities to, that for construction of the Shelter, I think will be extremely successful and also, you know, greatly ease the burden of the taxpayer on the project. But that, I really believe that is going to be, that really hinges upon, you know, togetherness and moving forward. MR. TALBOT: Yeah, this thing has been kicking around a long enough time and I think you should put this out to the public and get this thing going. SUPERVISOR HORTON: And Chris, well, Chris, this Board has again, I could point to a lot of the infrastructure of our Town and look around and say, 'what did I inherit here?' Alright. So .... MR. TALBOT: (inaudible) wasn't inherited. SUPERVISOR HORTON: So, the point is, we have a lot of Town facilities that are in need of major renovation and major repair .... MR. TALBOT: Well, that is starting to get offthe point here... SUPERVISOR HORTON: No, it is not off the point, Chris... MR. TALBOT: You are absolutely offthe point here. (Inaudible) SUPERVISOR HORTON: If I could finish, please. Point being, in regard to capital projects, the Town Board over the course of the past eleven months, has advanced initiatives to address all of the capital projects that need to be addressed and among them is the Animal Shelter. So I think John, Dan, November 30, 2004 60 Southold Town Board Meeting Tom, Louisa and Bill have really taken the issue seriously and feel the same way, feel very similar to you, you know, it is time. You know, put up or shut up. Let's do this Animal Shelter. MR. TALBOT: Certainly. It is just that the number... SUPERVISOR HORTON: That is the way the Board feels. MR. TALBOT: The number is just grabbing me too much and you know, the facility down at the Veteran's park is a perfect example. If you double the size of that thing and you are looking at 6,000 square feet, in the ballpark of, which is big enough by far, and you are looking at $600,000. COUNCILMAN ROSS: But sometimes you put your efforts in one direction and there are other things that are happening, such as, the park district that you mention, the lights at the field are falling down and something that hasn't been addressed for, you know, five to ten years. And ! know the park district has been working on the facility down at the Veteran's park but other aspects have gone by the wayside, so you know, you put ..... MR. TALBOT: I don't want to get into a pissing contest here about Mattituck Park District but you have got Veteran's park is already in the process of being built, there is another building being built at Aldrich Lane and the building down at Breakwater was just renovated ..... SUPERVISOR HORTON: Gentlemen, Chris, Chris, the only ..... MR. TALBOT: .... so if you spend time playing soccer, that is the only thing you know about the lights. SUPERVISOR HORTON: The only point that is being made here, Chris, I think, is that there are a lot of very important capital and infrastructural improvements that need to be made .... MR. TALBOT: This is a horse of a different color. You have been talking about the Animal Shelter since you have been in, so you have been two plus years now and anybody else that was here prior to that knows that and it is still going back and forth. SUPERVISOR HORTON: Alright, well .... MR. TALBOT: All I am just saying is that the building could certainly be built for a lower cost and I wouldn't look to spend a million plus on a facility like that .... SUPERVISOR HORTON: Okay, your point is well taken. MR. TALBOT: For your Town Engineer to estimate $250 a square foot .... SUPERVISOR HORTON: Your point is well-made, you have made your point very clear. MR. TALBOT: Thank you. November 30, 2004 61 Southold Town Board Meeting SUPERVISOR HORTON: Mrs. Quatroche. EDNA QUATROCHE: Edna Quatroche. I wish to clarify something, Josh, you made a reference regarding me selling the house. My parents had an established adult home at that time. SUPERVISOR HORTON: Right. MRS. QUATROCHE: On Third Street. Before the family considered selling the home, when the state approached us, we asked all the neighbors. None of the neighbors cared one way or the other. It goes back to what we were trying to say, we are not angry at what you did, we are angry because we didn't know about it. That is all. SUPERVISOR HORTON: Okay. Thank you, Mrs. Quatroche. Would anybody else care to address the Board? (No response.) We will close this meeting. Thank you all for coming. Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:55 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. Southold Town Clerk