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HomeMy WebLinkAboutTB-01/29/2002JANUARY 29, 2002 Work Session: Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Councilman John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. Assistant Town Attorney Mary A. Wilson. 9:00 a.m. Appointment - Charles Cuddy, Esq. & Peconic Land Trust re: park & playground fees. Melissa Spiro, Land Preservation Department; Mark Terry, Town Planner; Charles Cuddy, Attorney; Tim Caufield and Marian Sumner of the Peconic Land Trust appeared before the Town Board to talk about the $5,000. park & playground Planning Board fee. The Robert Schrieber property on the Sound at Mattituck is a 48 acre parcel, 32 acres of which is being preserved through the Land Preservation Department. When they initially discussed it the fee was $2,500. and at that time the applicant was under the impression that he would not have to pay the fee because he was preserving farmland. Their problem is that it takes away the initiative from those who wish to preserve farmland. In this case, it will cost him $15,000. Affordable Housing Districts have the fee waived and they thought that farmland preservation should also have the fee waived or reduced. Mr. Caufield commended the Planning Board for being very helpful over the years in dealing with the issues and working with property owners. He stated that they plan to preserve this particular one as a conservation subdivision rather than just a regular one. He cited that 45% of the subdivisions that came forth in the last five years have been conservation subdivisions and 35% of them have been totally preserved. A property owner's consideration of gifting of property can make a big difference if the fee is waived. It is a real disincentive when they have to pay in order to preserve their land. He said that if this could be developed properly, to reduce or waive the fee to give them an incentive, it could be a real plus to the Town. Councilman Moore questioned as to whether or not the Planning Board already has the ability. Mr. Cuddy said that he thought so too, but the Planning Board doesn't think that they do. It has to be made clear to them. Supervisor Horton replied that the Town Board will get together with the Planning Board to make it clear to them. Town Attorney Yakaboski asked the Board to give him two weeks to investigate it and put it back on in two weeks. Councilman Wickham expressed the importance of giving incentives to anyone preserving farmland and said that he is attracted to it being put on a sliding scale according to the percentage of what is being preserved. Councilman Romanelli agreed that this would be the fairest way. This idea will be presented to the Planning Board. Justice Evans questioned whether the Town Board would only look at conservation subdivisions or would they look at the purchase of development rights in the same way and return one or two lots. Ms. Spiro replied that it would require Planning Board approval. Supervisor Horton said that they will all have to look at the big picture on how it will affect the overall situation. He directed the Town Attorneys to look at it as to what the Planning Board responsibilities are and their jurisdiction with regard to it. The situation with the Planning Board must be clarified so that there is a level of clarity in all instances. 9:30 a.m. Appointment - Merlon Wiggin re: Lighthouses. Mr. Wiggin remarked that Southold has more lighthouses than any other town in the country. Suffolk County has fifteen, Southold has eight of them. They are as follows: Horton's Point, Bug Light, Orient Point, Plum Island, Little Gull, Race Rock, North Dumpling, Latimer Reef at Fishers Island for a long time this one was considered to be in Connecticut, but it was researched and found to be in Southold Town. Southwold England also has a lighthouse. Plum Island is the only one that is not recognized and it is on the doomsday list. Mr. Wiggin read a letter signed by fifteen fishing boat captains offering their support of the revitalization of the Plum Island lighthouse. Plum Island would be their first project that they are taking on in endangered lighthouses. The rocks are being transported from the Sag Harbor jetty to Plum Island by Dave Whelan. The U.S. Dept. of Agriculture is going to fund actually placing the rocks at an estimate of $1.5 million dollars. They are in the process of getting permits and then it will be going to competitive bid to place the rocks. He advised that they need an agreement with the USDA for them to work on the light house. They have the funds, but they just need an agreement from the town to do it. The Coast Guard will take charge of operating and maintaining the lighthouse when an agreement is in place to proceed. They are not asking for funds, they have their own, only town support in the form of an agreement. Mr. Wiggin reported that the East End Lighthouse Association plans to meet with officials of the National Lighthouse group to talk about setting up a lighthouse museum. The Association will be fundraising for this purpose. Their first event will be the June 1st Lighthouse Cruise. They would like to gather up a lot of the lighthouse artifacts that are scattered about. The lens from Race Rock broke and was taken to Block Island along with a lot of their records. The Plum Island and the Little Gull lens are on exhibit at the East End Seaport Museum. Mr. Wiggin explained 1/29/02 2 that he would like to tie in the lighthouses with the past bunker fishing and schooner fleet industries. The Town Board supported the concept and it was suggested that Frank Lynn at the East End Seaport Museum be contacted to coordinate setting an exhibit to kick-off the fund-raising effort. Mr. Wiggin announced that the web site address of the EEL is eastendlighthouses.org. The Board also discussed the Town Seal which is believed to be the symbol for the English pound. However, Lord Stirling was misspelled with an "e" instead of an "i" and some are of the opinion that the town seal was misinterpreted. The Town Board was open to taking a new look at possible developing a new seal which had been talked about in the past. 9:45 a.m. Appointment with Karen McLaughlin, Southold Town Human Resources Director re: Adult Day Care Program and Met Life Building. Ms. McLaughlin reported that Metropolitan Life has informed her that they are no longer going to use that building. She would like to move the Adult Day Care Program over to that building and feels that doing so will create a better quality program. The congregate dining in the main building is disruptive to the Adult Day Care Program. Ms. McLaughlin presented a plan of the Met Life Building and talked about several modifications to be made to the building. A benefactor of a loved one who died in the past year contacted her and said that they would like to donate all of the money for it. The outside of the building will be professionally landscaped by a landscape contractor who is donating all of his services. Councilman Richter asked how many people are in the Adult Day Care Program. Ms. McLaughlin replied that they usually have twenty or more, but they lost several in the past few months. She explained that they are in the process of changing the program to the "Best Friends Approach" and anticipate the program growing up to thirty people. They are also going to add a program to train care givers. The Alzheimer's Association will provide all the training free of charge. Ms. McLaughlin spoke about the new "Marine World Grant" which will be assessed by the AARP and if they see improvement over a ten week period they will be promoting the program too. The congregated dining program is currently contracted for 69 persons, but their attendance is low. Once the Adult Day Care Program is moved over to the Met Life building and the room they vacate will be made available to senior citizen groups it is hoped that the numbers will increase in the dining. A computer Learning Center for seniors is planned. They will be interviewing for drivers on Thursday and there are plans to increase transportation services. The cost to keep one person in a nursing home for a month is $8,270. The annual cost for 20 persons would be $1,985,000. which represents the savings in Medicaid costs of the program. Ms. McLaughlin said since the donation for the improvements to the building is a gift she doesn't think that they have to go out to bid. She will let the person who is making the donation know that the Town Board is on board with the plans. This person is making a ten year commitment to the program. Suffolk County provides $20,000. toward the program and last year $42,000. was received in donations. 10:00 a.m. Appointment Kevin McAllister, Peconic Baykeeper. Mr. McAllister reported that the Suffolk County Vector Control Program for 2002 calls for extensive re-ditching of 750 linear miles which is a significant amount. It is his opinion that ditching would be a regression to mosquito control. BTI and Aldicid sprayed from a helicopter has a drastic toxicity affect on marine life. He is asking for the Towns support for communicating with the Suffolk County Legislature, and New York State Department of Environmental Conservation and asking for a SEQRA Review and Environmental Impact Statement. Tox Net on the web provides profiles of the various sprays. Supervisor Horton advised that he spoke to Mr. Cowen of the NYS DEC and their idea of opening the ditches is to enable them to use less pesticide. Mr. McAllister spoke of the concept of open water management and the Long Island Wetland Restoration Initiative. Supervisor Horton suggested that there be some communication between the County and the DEC and the need for them to get together to hammer it out. Councilman Wickham spoke about the two sides of the story and said that he is not confident about casting support on one side or the other until some scientific information is obtained on it. He would like to see an analysis of it. Supervisor Horton affirmed that Mr. McAllister had the Town Board's ear on it, but also suggested looking for the support of the other townships. He suggested calling a meeting of all parties concerned to get to the table all together and discuss it. Mr. McAllister said that not knowing all of the fact reaffirms the need for an EIS. The Council on Environmental Quality will re-convene in February and issue a recommendation to the Legislature when they recess at the end of February. Justice Evans asked if the Town Board couldn't just send a letter asking them to get more information and ask the Assistant Town Attorney to re-draft the letter to be sent to the County Legislature. The Town Board agreed that this be done. 10:30 a.m. Animal Shelter, H2M Report. The lowest bids came in at $880,000. Councilman Moore reported that they were scaled down to $760,000. by eliminating radiant heat and some other items. There is $510,000. in available funds to build the shelter with. The Town Engineer Jamie Richter drew up a scaled down version with only one set of kennels. Councilman Moore recommended that they need to sit down and sharpen their pencils and see what can be done. Dr. Gunther Geiss questioned what the flexibility of the bids might be 5-10-% or 10-15%, and suggested implementing some cost 1/29/02 3 saving measures to get the figure down, and asked whether or not the project could be re-bid? The Town Attorney was asked to review this. Dr. Geiss expressed that he is looking for ways to fund raise under 5013c non-profit organization by laws and asked if the Town Attorney could help him out. The Board informed that the Town Attorney should not get involved in the matter. Councilman Moore referred him to Joseph Finora who would be capable of doing it free of charge. Councilman Wickham suggested that the Architect from East Marion and the NFAWL should be involved in this plan. Dr. Geiss explained that they are looking to create a retail space on the property to continually raise monies. 11:00 a.m. (actual 11:30 a.m.) Appointment, (James Bunchuck was reportedly running late for his 11:00 a.m. appointment) Henry Rayuor re: extension of water map. Mr. Raynor appeared before the Town Board to ask their consideration of including a parcel of property in to the SCWA Suffolk County Water Authority map plan. Mr. Raynor explained that he jointly owns the property with Kaminsky, a 29 acre parcel at the intersection of County Road 48 and Depot Lane. He stated that they have been trying to finish this subdivision for over eleven years. They can't get county health department because of contaminated water. The Suffolk County Water Authority ran water lines down Depot Lane, past the landfill up to Matthews Lane last year. Mr. Raynor applied to them for water, but they told him the well is small and if they were to even give consideration to his request, they would have to obtain permission from the Town. Councilman Romanelli said that the water main that went in there now serves only 4 to 5 lots. He asked Mr. Raynor if the water could come right off County Road 48 without going down Depot Lane. Mr. Raynor said that it could as long as it is acceptable to the Suffolk County Water Authority. Justice Evans stated that the Town Board needs to put together a justification for this. Councilman Wickham said that he would like to be brought up to speed on this issue. He would like to see the County Health Department and the Suffolk County Water Authority and sit down and have a discussion with them. Town Attorney Yakaboski informed that the Town has a series of reports on the water quality in the area and the expected capability of the water main. These reports can be found in the Planning Board, and he suggested Councilman Wickham read them. Supervisor Horton asked Mr. Raynor what he intends to do with the property. Mr. Raynor replied that he basically intends to sell lots out of it. The Supervisor asked if Mattituck Sanitation plans to utilize any part of it. Mr. Raynor answered yes, possibly. Mr. John DiVello present in the audience, spoke up and stated that they have 8 acres that they plan on doing something with. The Raynor-Kaminsky parcel of 29 acres is zoned LIO Light Industrial Office. A meeting will be set-up with the Suffolk County Water Authority. 11:29 a.m. - The Town Board discussed IV. For Discussion Items as follows: IV. 2. Ameri Corps Youth Recreation Center Proposal. Supervisor Horton reported that three students from Mattituck High School approached him looking for the endorsement of the Town Board. They said there is no money, chaperones, or facilities involved, they just want to let us know about their project. They are looking for support from their school to use the Cutchogue School East. Supervisor Horton designated Councilman Richter as the Town Recreation Committee Chairman to get in touch with them to see how the Town Board could assist. IV. 7. Verbatim Town Board minutes survey. The subject of verbatim Town Board minutes was recently discussed at the New York State Town Clerks' Association after an article by Robert Freeman, Director of the New York State Committee on Open Government was submitted and printed in the Town Clerk Recorder publication. A survey of the membership, 450+ Town Clerks, reveals approximately half doing verbatim, and half compiling their minutes containing only resolutions, and votes of the members. Mr. Freeman in his article stated that minutes need not consist of a verbatim account of everything that was said at a meeting. As long as the minutes include the requirements as listed in Section 106 of the Open Meetings Law which is "Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions, and any other matter formally voted and upon and the vote thereon". He further states that in his view, minutes should consist essentially of the highlights of a meeting-the action taken by the board, and the votes of the members. Aside from the time and effort needed to prepare a verbatim account and the resultant burden placed on the clerk, a record that is so detailed will make it hard three or five or twenty years from now to wade through hours of discussion in an effort to find the relatively brief elements of the transcript that indicate the action taken by the board. Additionally, people make brilliant statements at meetings and they also make ridiculous statements. He went on to discuss putting minutes on the web and said summary minutes that reflect the basic elements as described by the Open Meetings Law are perfect. All Town Board members agreed that the synopsis of the work session, resolutions, and list only of those who speak at the public meeting, with a brief discussion of the subject matter, is is all that is necessary. The Town Clerk will check on whether or not a resolution is needed to change this policy. 11:40 a.m. (11:00 a.m. Appointment with James Bunchuck, Solid Waste Coordinator) Mr. Bunchuck reported that the entire west half of the property is now capped and they are in the process 1/29/02 4 of spreading sand over it. Activities for the top of the cap: Councilman Romanelli reported calling the company on several occasions, but no response has been received from them yet. On the matter of crushed C & D material, Mr. Bunchuck reported that Dvirka & Bartilucci is not receptive to it. There are some real horror stories of what can happen. Remote Control Airplanes, Mr. Bunchuck reported meeting with representatives from this organization. He took them on a tour of the landfill cap. A letter has been sent to the NYS DEC asking their opinion, but no reply has been received as yet. Supervisor Horton said that we will wait to hear what the DEC has to say. Mr. Bunchuck advised that the bid specifications package for the purchase of the payloader is about ready to go, he hopes to have the legal notice in the paper next week. The Town Board resolution was already done. It will be a 5 cubic yard bucket equivalent to the one they have there now. The one they have now currently handles all of the garbage, so it cannot be taken out of service to use it at the compost. The Huntington-Southold Municipal Solid Waste/Yard Waste contract is fully executed. Mr. Bunchuck stated that they are not yet ready to start taking yard waste from Huntington on a daily basis, the payloader will not be needed until then. He will not be ready to purchase the payloader until he really understands the scope of the operation. He is just doing all of his ground work now. He will check state contract for it, but typically the larger ones like this are not under state contract. He would plan to purchase one exactly like they have, a Komatsi Loader so replacement parts could be exchanged. The Board inquired what the cost of a new machine would be. Mr. Bunchchuk replied that the last one cost $242,000. less the trade-in of $50,000., $190,000. The bond for the composting project includes equipment. Councilman Romanelli agreed this would be a good idea. H2M did a good job with what they were asked to do, but now, he feels it would be beneficial to get both contracts under Dvirka & Bartilucci. Mr. Bunchuck read cost figures off a report he prepared. He reported a savings of $390,000. from the original estimate. Some of the savings occurred as a result that some of the things that are under landfill are now going to the compost area. There was a $200,000. savings on sand. However, the road to the compost property increased costs. The Town Board recessed for lunch at 1:15 p.m. 1:22 p.m. the Town Board returned from lunch and began to review IV. For Discussion items. IV. 1. Promotion of Lynda Bohn to Principal Account Clerk in Town Clerk's Office was approved by the Town Board upon recommendation of Town Clerk Elizabeth Neville. (See resolution number V87). IV. Proposed resolution seeking farmland preservation funding. Supervisor Horton reported that he worked with Joseph Gergela of the L.I. Farm Bureau on this. It has been presented to all of the five east end towns and they will be getting back to us with a letter or resolution which will be sent together with the Town of Southold's to the New York State Association of Towns. Supervisor Horton has given it to Suffolk County Executive Robert Gaffney, Governor George Pataki, and to the White House. Motion was made by Justice Louisa P. Evans to go into executive session at 1:34 p.m. to discuss appointments to the Zoning Board of Appeals and the Planning Board. However, Supervisor Horton immediately objected to going into executive session and said that he would like to discuss it in open session. Councilman Wickham said that he was willing to start out in open session. Councilman Moore said that he thought it was inappropriate to discuss it in open session. Councilman Romanelli agreed with him. The discussion was started by Councilman Wickham who reaffirmed his position from the last time which was that one or more persons be appointed that would be capable of chairing the committee in the future. Justice Evans said that she has a question as to whether or not they would have a conflict and stated that she still supports the same two people. Supervisor Horton stated that he supports Ruth Oliva and Joseph Lizewski and could support Vincent Orlando. Councilman Richter stated that he supports James Dinizio, Vincent Orlando, Ruth Oliva, & Joseph Lizewski. Councilman Romanelli supports James Dinizio, Joseph Lizewski, Laura Collins, and Vincent Orlando. Councilman Richter announced that this discussion is getting very difficult in open session and thought that they could speak a little more freely in executive session. On motion by Councilman John Romanelli, seconded by Councilman Thomas Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 1:40 p.m. for the purpose of discussing personnel, particular persons. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. Opposed: Supervisor Horton. This resolution was declared ADOPTED. On motion by Councilman Thomas Wickham, seconded by Councilman William Moore, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 2:55 p.m. 1/29/02 5 Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. The Town Board discussed the Board of Ethics appointment. Supervisor Horton, Councilman Wickham, and Councilman Romanelli were in favor of the appointment of Judge Frederick Tedeschi. Justice Evans stated her opinion that the person that was originally appointed should be the one to hold the office. Councilman Richter stated that he has basically the same feelings as Justice Evans. He was appointed and he should be allowed to serve that term. Councilman Moore was in favor of Dr. Joseph Chiaramonte also. No action taken on this matter. On motion by Supervisor Horton, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 3:04 p.m. for the purposes of discussing contracts and litigation. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. On motion by Justice Louisa Evans, seconded by Councilman William Moore, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 3:43 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. This executive session and work session ended at 3:43 p.m. 1/29/02 6 GENERAL MEETING JANUARY 29,2002 4:30 P.M. A Regular Meeting of the Southold Town Board was held on January 29, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR HORTON: As you know it is Southold Town Board policy that the public is welcome to speak to items that are on the agenda prior to the voting on the resolutions on the agenda. If in doing so I ask that you step to either side of the room at the stage podiums and speak into the microphones. Prior to speaking to the resolutions I ask that you state your name and where you are from. There is another portion of the meeting reserved for public input. It takes place after the passing or after the voting of the resolutions. In regard to that if you have issues pertaining to Town business that you feel is important to address to the Town Board we welcome you to do that at that time. Can I have a motion for the approval of the audit of bills for January 29, 2002? Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $194,483.70; General Fund Part Town bills in the amount of $687.39; Highway Fund Whole Town bills in the amount of $2,507.33; Highway Fund Part Town bills in the amount of $1,475.58; Landfill Cap & Closure bills in the amount of $477.77; Open Space Capital Fund bills in the amount of $62,393.20; Community Pres Fund (2% Tax) bills in the amount of $5,069.06; New London Terminal Project bills in the amount of $2,103.00; Compost Land Acquisition bills in the amount of $20,890.00; Employee Health Benefit Plan bills in the amount of $22,337.52; E-W Fire Protection District bills in the amount of $12,095.10; Fishers Island Ferry District bills in the amount of $45,743.04; Refuse & Garbage District bills in the amount of $81,786.08; Southold Wastewater District bills in the amount of $10,486.50; Fishers Island Sewer District bills in the amount of $635.43; Southold Agency & Trust bills in the amount of $12,216.57; Fishers Island Ferry District Agency & Trust bills in the amount of $111.81. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the January 2, 2002, Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 7:30 P.M., Tuesday, February 12, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. I.REPORTS. 1. Southold Town Code Enforcement Report through January 16, 2002. 1/29/02 7 Il. PUBLIC NOTICES. SUPERVISOR HORTON: There is one public notice. If the public is interested in viewing the Public Notice you can find it in the Supervisor's Office, and the Town Clerk's Office. It is available for your perusal. 1. New York State Department of Environmental Conservation, Notice of Complete Application of Sachs Property to subdivide a 7.74-acre parcel into three lots at 1155 Sound View Avenue, Mattituck, Town of Southold. Written comments by February 8, 2002. III. COMMUNICATIONS. None. SUPERVISOR HORTON: We have no Communications IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR HORTON: At this point in regard to the resolutions I offer this time for the public to address the Town Board in regard any one of the resolutions that are on the printed agenda. Yes, ma'am? NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz from East Marion. I would just like you to explain the resolution. I am trying to find the number on the Animal Shelter. Explain to me what that one means. What number was that one? Eight-four. JUSTICE EVANS: I don't think there is anything on it. SUPERVISOR HORTON: That is actually not a resolution. That was for discussion. Anyone else from the public? Mr. Mayor? DAVID KAPELL: Supervisor Horton, members of the Town Board, my name is David Kapell. I am addressing you this afternoon as a resident of the Town, not in my capacity as Mayor, but a resident of Greenport at 225 Fourth Street. I would like to address agenda items #90 and #91, which relate to proposed appointments to the Board of Ethics, and specifically I would like to speak in support of the appointment of Judge Frederick J. Tedeschi to the Board of Ethics. It is my humble opinion that there is a problem in Town Hall, which revolves around a perception that there is a less than a satisfactory level of integrity that is being maintained by the Town Board, and by various agencies in the Town as compromised by the activities of Councilman Moore and his wife, Patricia Moore in her representation of private clients before the various agencies in Town Hall. This problem manifests itself in a general feeling, and I know I speak for many others, that lends an error of corruption to Town government, and the Town Hall, and I believe that it handicaps, if not cripples your ability as Supervisor, and the authority of this Town Board to address the pressing issues confronting Southold so that we can move together in a progressive, intelligent, and honest manner to address the needs of the Town, not the needs of each other on the Town Board. Public service is just that. When you run for public office you accept an appointment to a public board. You do it so that you can give something back to the community. That is the nature. Public service speaks for itself. You serve the public. I am afraid in this instance we have a situation where certain individuals are serving themselves. I think it is incumbent on the Town Board to take action on this. This was a major issue in the election, which gave a resounding victory to you, Supervisor Horton, and to your promise to reform Town government. I believe that the Town Board should follow your lead in making changes that will insure that problems like this are addressed in an honest forthright and public fashion, so that we can all have confidence that this Town Hall operates for the benefit of those of us who are trying to make a living, and raise successful families in this town. I would like to ask a couple of questions of Mr. Moore, specifically with respect to the proposed appointment of Joseph Chiaramonte to the Board of Ethics. Mr. Moore, do you or your wife have any professional relationship with Dr. Chiaramonte or any member of his family? COUNCILMAN MOORE: You are making a public comment. Finish your comment. DAVID KAPELL: I am not making a public comment. I am asking a question, and I will repeat my question. Do you or your wife, Patricia Moore, have any professional or business relationship with Dr. 1/29/02 8 Chiaramonte, or any member of his family? (No response.) I assume your silence to be an admission that you in fact do. COUNCILMAN MOORE: That is an incorrect presumption. DAVID KAPELL: Then why don't you answer my question? COUNCILMAN MOORE: I don't think that is my position at this point. DAVID KAPELL: Well, then I am going to proceed. COUNCILMAN MOORE: Mr. Mayor, make your comments. DAVID KAPELL: Well, you are responding to me, and you are not responding with a direct answer to a very direct question, so I am going to presume. I am not going to ask any more questions. I am going to presume that the answer is yes, and based on that I take the position that you should disqualify yourself. I also want to point out something else that it has been brought to my attention that there is a complaint now pending before the Board of Ethics with respect to your activities and those of your wife. I submit that you should disqualify yourself from any discussion or vote on the question of this appointment, because you, your factor, are subject of a complaint and the activities of the Board. I think your ability to vote, your right to vote is compromised by that. I think you should disqualify yourself. If Dr. Chiaramonte has a relationship with you, a professional relationship, or a professional relationship with your wife, or any member of his family does, I think Dr. Chiaramonte should be disqualified from consideration for this appointment. It is time for the Town Board to set a high bar with respect to integrity. Nothing less is acceptable, and I call on the Town Board to do that, and I maintain that the appointment of Judge Tedeschi, who has over a twenty year record of service to this town that is beyond reproach, that enjoys region-wide respect for fairness and integrity that you can not find a more qualified candidate in Southold Town to serve on the Board of Ethics, and if you put him on there I guarantee you that I am confident that the needs of the people will be served. Thank you very much. SUPERVISOR HORTON: Thank you, Mr. Mayor. Is there any more comments from the floor in regards to the agenda? PEGGY MURPHY: I am Peggy Murphy, and I live right across the street. I am not aware of the underlying issues that prompted Dave to speak, but from a positive stand his final comments, the fact of the Judge's twenty years plus, I think, service to Southold Town I find it puzzling I guess is what I want to say that there wouldn't be delight in the fact that he is willing to come on, and serve in a volunteer capacity. Am I correct? And to further the interests of the town. Thank you. SUPERVISOR HORTON: Thank you. Is there any more comments from the floor? (No response.) At this point we will move on to the written agenda. #6O Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolutions nos. 876 and 877 adopted at the December 18~ 2001 ree[ular meeting. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #61 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to sign the 2001 Program Annual Report for the Southold Juvenile Aid Bureau Program. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #62 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to si~n the 2001 Pro~ram Annual Report for the Youth Service Pro~ram. 1/29/02 9 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #63 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Nancy N. Kormendi from her position of Deputy Receiver of Taxes in the Tax Receiver's office, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #64 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill No. S. 2590 and Assembly Bill No. A. 4944~ entitled "AN ACT to amend Chapter 246 of the laws of 1916 relating to the extermination of mosquitoes and the establishment of districts therefore, in relation to authorization for the amount of the annual appropriation by the Town of Southold for the Orient Mosquito District." It is hereby declared that a necessity exists for the enactment of such legislation, whereas the Town Board does not have the power to enact such legislation by local law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #65 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District budget as TO: SR 1420.4.500.200 SR 1910.4.300.100 SR 8160.4.100.595 SR 8160.4.100.600 SR 8160.1.100.200 SR 8160.1.200.100 FROM: SR 8160.4.400.150 SR 8160.4.400.200 SR 8160.4.400.815 follows: Non-Employee Prof. Services $1,400.00 Auto/Inland Marine Insurance $ 3,143.73 Tub Grinder Maint/Supply $ 102.61 Misc. Equip. Maint/Supply $ 3.33 Full Time Employees-Overtime $1,500.00 Part Time Employees-Regular $ 3,000.00 Easements $ 2,000.00 Building Maintenance $ 2,700.00 Scrap Tire Removal $ 2,282.88 SR 8160.4.100.200 DieselFuel $ 2,166.79 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #66 Moved by Councilman Wickham, seconded by Justice Evans, it was 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 Regulation of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Model Deferred Compensation Plan for Employees of the Town of Southold (the "Model Plan") and offers the Model Plan for adoption by local employers; WHEREAS, the Town of Southold, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Southold; WHEREAS, effective January 1, 2002, the Board amended the Model Plan to adopt provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") as they apply to the Model Plan and to adopt modifications that update certain administrative provisions to accommodate prospective state-of-the art methods and procedures; 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 1/29/02 10 WHEREAS, upon due deliberation, 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 of Southold hereby amends the Deferred Compensation Plan for Employees of the Town of Southold effective January 1~ 2002 by adopting the amended and restated Model Plan effective January 1~ 2002~ in the form attached hereto as Exhibit A. IN WITNESS WHEREOF, the undersigned have executed this resolution in Suffolk County, New York this 29th day of January, 2002 and directed that it be filed as appropriate. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #67 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and the Suffolk County Marine Environmental Learning Center for implementation of the 2002 Town of Southold Shellfish Program at Cedar Beach, Southold, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #68 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and the Family Service League of Suffolk County for the 2002 Youth Service Program, Southold, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #69 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 General Whole Town Budget as follows: From: A.2025.00 To: A. 1620.2.500.850 Vote of the Town Board: Special Recreation Facility $5,000. Town Beach Improvements & Tasker Park Improvements $5,000 Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #7O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #51 to as follows: RESOLVED that the Town Board of the Town of Southold hereby AMENDS resolution no. 0-69 adopted at the January 2~ 2002 Organizational meeting~ changing the effective date from January 1, 2002 through December 31, 2002 to January 1, 2002 through January 3, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #71 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #52 to as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Rosina Suglia as Deputy Receiver of Taxes for the Town of Southold, effective January 4, 2002 through December 31, 2002, to be compensated at $1,048.00 per annum. 1/29/02 11 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #72 Rescinded February 26, 2002 by Resolution #136 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of $outhold hereby amends resolution #718 October 23~ 2001~ changing the date of the law enforcement SNAP Long Island conference Class from January 29, 2002 to February 28, 2002 as the January class was cancelled. The same police officers to attend. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #73 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Norton to execute an agreement with Suffolk County to receive Cutchogue Downtown III Revitalization grant funds subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #74 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Norton to execute an agreement with the New York State Division of Criminal Justice Services and the New York State Police for access to DNA record in the State DNA Index System for the Southold Town Police at no cost to the Town of Southold. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #75 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints V. Regi Weile as co- coordinator for the Americans with Disabilities Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #76 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Norton to execute an agreement with the Suffolk County National Bank and Manufacturers and Traders Trust Company subject to Town Attorney approval. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #77 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts with regret the resignation of Michael A. Sleights from his position as part-time deckhand for the Fishers Island Ferry District effective December 31,2001. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #78 Moved by Councilman Richter, 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 any and all necessary documents for the Town of Southold to apply for New York State grants for the Mattituck Creek area. 1/29/02 12 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #79 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Linda P. Randolph to the full-time position of Secretarial Assistant in the Accounting & Finance Department at an annual salary of $34,222.88, effective February 11, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #80 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: To: A. 8745.2.500.200 Flood & Erosion Control, C.E. Fee for Services, Non-employee Peninsula Rd Drainage Project $25,600.00 From: A.3089.35 Miscellaneous State Aide $25,600.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #81 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Assessors Robert I. Scott~ Jr. Scott A. Russell~ Darline A. Duffy and Senior Assessment Assistant Claire Glew to attend a one-day course on the Fundamentals of Exemption Administration which will be held at the State Office Building in Hauppauge on January 31, 2002. Expenses for travel and meals to be a legal charge to the Assessors 2002 budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #82 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intention to retire from Helene D. Home from the Town Clerk's office effective April 1% 2002 and wishes her the best in her retirement. SUPERVISOR HORTON: I would just like to say in my short stay in Town Hall thus far I will miss Helene. She is a pleasant face every morning, and highly dominant. She will be missed. TOWN CLERK NEVILLE: She certainly will. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #83 Moved by Councilman Wickham, seconded by Councilman Moore, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of January, 2002, a Local Law entitled, "A Local Law in relation to amending designation of parking areas requiring permits". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of February, 2002 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in relation to amending designation of parking areas requiring permits" which reads as follows: 1/29/02 13 BE IT ENACTED, by the Town Board of the Town of Southold as follows: § 65-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (3) Aquaview Road from Rocky Point Road, Long Island Sound, East Marion, east from a distance beginning fifty (50) feet from the intersection of Aquaview Avenue and Rocky Point Road for a distance of fiYe-four hundred fifty (-500) (450) feet, and Rocky Point Road from the terminus south beginning fifty (50) feet south of the intersection of Rocky Point Road and Aquaview Avenue for a distance of five four hundred fifty (-500) (450) feet. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #84 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Senior Account Clerk Typist and establishes the following salary scale: For full-time employees hired on or before June 8, 1999 1/1/02 Entry 3 40,107.65 4 40,557.10 5 42,814.57 For full-time employees hired after June 8, 1999 1/1/02 Entry 32,832.28 1 35,588.53 2 36,691.03 3 38,174.15 4 39,276.65 5 42,011.90 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #85 Moved by Councilman Romanelli, seconded by Councilman Richter, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 29TM day of January, 2002, a Local Law entitled "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV, VI and VII, Vehicles and Traffic, of the Code of the Town of Southold", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York on the 12th day of February, 2002 at 8:05 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold" which includes the following: BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV, Parking, Standing and Stopping §92-49. Additional parking regulations. (1) No person shall park a vehicle so as to obstruct a fire hydrant. (2) No person shall double park a vehicle on any Town highway or roadway. (3) No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. (4) No vehicle shall be parked upon any highway without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. (5) On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. 1/29/02 14 (6) No person shall park a vehicle so as to obstruct any driveway. (7) No person shall park a vehicle overtime in a time restricted parking space. §92-49A. No Stopping Zone. The parking of vehicles is prohibited at all times in the following areas designated as "No Stopping Zones": Area Description (Reserved) §92-49B. Fire Zone The parking of vehicles is prohibited at all times in the following areas designated as "Fire Zones": Area Description (Reserved) §92-49C. Bus Stops. The parking of vehicles is prohibited at all times in the following areas designated as "Bus Stops": Area Description (Reserved) §92-49D. Loading Zones The parking of vehicles is prohibited at all times in the following areas designated as "Loading Zones": Area Description (Reserved) ARTICLE Vt, VII Penalties §92-60 61. Penalties for offenses. t3. All persons cited on a town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine of $35 as set forth below and shall answer am~/o~appear on or before ,ha,,,~ ,~,~o,~-,-,~,~'~°:~"~*~'~ ,~,, ~ 30 days_ a~er the issuance of the summons. Persons hiling to ~ ................... ~ ................. answer before the expiration of 30 days_ a~er issuance of the summons shall be subject to the ,~,~c~" .... ,,,~:~ ~penalties set forth in the Penalty Schedule below, in addition to the prescribed fines: ~TICLE XrTT 92-~ 60. Restricted track traffic. A. Purpose. The Town Board of the Town of Southold finds that, with the increasing development and population of the Town of Southold, transportation activities are increasing and impacting the local streets. Regulation of truck usage on local streets is necessary so as to provide for the safety and welfare of the town's citizens and for the orderly flow of vehicular and pedestrian traffic on busy local streets. There are numerous other alternate local streets linking state and county highways in the area. Trucks, tractors, tractor-trailer combinations, tractor-semitrailer combinations or tractor- trailer-semitrailer combinations in excess of a registered weight of 10,000 pounds are prohibited from traveling upon the following streets. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the streets from which such vehicles or combinations are otherwise excluded: Name of Street Location Love Lane At the intersection of Love Lane and State Road 25 north to the intersection of Love Lane and County Route 48 FINE SCHEDULE 92-41 Parking Prohibited at All Times $35.00 92-42 Parking Prohibited Certain Hours $35.00 92-42.B Between 10:00 PM and 6:00 AM $35.00 92-42.C Night Fishing Permit $50.00 92-42-1 Parking Prohibited Certain Months $35.00 1/29/02 15 92-43 Parking Limited Time $35.00 92-43.1 Parking Public Lots $35.00 92-45 Fire Lanes $75.00 92-46 Parking or Standing Prohibited Certain Times $35.00 92-47 Fire Wells $75.00 92-48 Handicapped Parking Only $110.00' 62-3.A.6 Parking a Vehicle in Other than Estab. or $50.00 Designated Area 65-2.A Parking by Southold Town Permit Only $50.00 65-3 Resident Parking Permit $50.00 92-49.A. No Stopping Zone $35.00 92-49-1 Fire Hydrant $75.00 92-49-7 Overtime Parking $35.00 92-49. B. Fire Zone $75.00 92-49. D. Loading Zone $35.00 92-49.C. Bus Stop $35.00 92-49-2 Double Parked $35.00 92-49-3 On Sidewalk $35.00 92-49-4 Exp. Registration $35.00 $50.00 over 60 day 92-49-4 Expired Inspection $35.00 $50.00 over 60 day 92-49-5 Wrong Side to Curb $35.00 92-49-6 Obstructed Driveway $35.00 * Includes NYS mandatory Surcharge of $35.00 TOWN OF SOUTHOLD Penalty Schedule for "Failure to Answer" 92-41 Parking Prohibited at All Times $35.00 $70.00 92-42 Parking Prohibited Certain Hours $35.00 $70.00 92-42.B Between 10:00 PM and 6:00 AM $35.00 $70.00 92-42.C Night Fishing Permit $50.00 $100.00 92-42-1 Parking Prohibited Certain Months $35.00 $70.00 92-43 Parking Limited Time $35.00 $70.00 92-43.1 Parking Public Lots $35.00 $70.00 92-45 Fire Lanes $75.00 $150.00 92-46 Parking or Standing Prohibited Certain Times $35.00 $70.00 92-47 Fire Wells $75.00 $150.00 92-48 Handicapped Parking Only $110.00' $185.00 62-3.A.6 Parking a Vehicle in Other than Estab or Designated Area $50.00 $100.00 65-2.A Parking by Southold Town Permit Only $50.00 $100.00 65-3 Resident Parking Permit $50.00 $100.00 92-49.A. No Stopping Zone $35.00 $70.00 92-49-1 Fire Hydrant $75.00 $150.00 92-49-7 Overtime Parking $35.00 $70.00 92-49.B. Fire Zone $75.00 $150.00 92-49.D. Loading Zone $35.00 $70.00 92-49.C. Bus Stop $35.00 $70.00 92-49-2 Double Parked $35.00 $70.00 92-49-3 On Sidewalk $35.00 $70.00 92-49-4 Exp. Registration $35.00 $70.00 $50.00 over 60 day $100.00 92-49-4 Expired Inspection $35.00 $70.00 $50.00 over 60 day $100.00 92-49-5 Wrong Side to Curb $35.00 $70.00 92-49-6 Obstructed Driveway $35.00 $70.00 * Includes NYS mandatory Surcharge of $35.00 SUPERVISOR HORTON: At this point after having a discussion with the Town Attorney this is one that we are actually going to hold. 1/29/02 16 #86 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby increases the returned charge from $15.00 to $20.00~ to be added to any amount owing to the Town where a tendered payment of such amount was by a check or other written order which was returned for insufficient funds or any reason related thereto, in accordance with the General Municipal Law; and BE IT FURTHER RESOLVED that the Town may require, after a check has been returned for insufficient funds, future payments to be tendered in cash or by certified or cashier's check, in accordance with General Municipal Law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #87 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Lynda M. Bohn to the position of Principal Account Clerk in the Office of the Town Clerk~ at a salary of $41,896.52, effective January 31, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: Number 88 is a resolution I worked with Joe Gergala and the other four East End Supervisors in regard to farmland preservation. It is quite lengthy. It stems from meeting I attended up in Albany Association of Towns. I didn't realize that we can use the Association of Town as a lobbying mechanism, and I decided to rally the support of the East End Towns and make a greater effort for farmland preservation, and the preservation of the industry of agriculture. So, what this resolution addresses is various County, State and Federal agencies requesting funds, and I will read the resolution, and this will be available for the public to be aware of the whereas. #88 Moved by Supervisor Horton, seconded by Councilman Wickham, it was SEEKING FARMLAND PRESERVATION FUNDING FROM FEDERAL, STATE, AND COUNTY GOVERNN[ENT S BACKGROUND WHEREAS Suffolk County is the top agricultural county in New York State in terms of agricultural production; and WHEREAS Suffolk County farmland is the source not only of thriving agricultural businesses, but also scenic vistas, open space protection and recreational opportunities for Long Island families; and WHEREAS in 1979 Suffolk County became one of the first agricultural counties in the United States to implement the concept of the purchase of development rights; and WHEREAS there are approximately 34,000 acres of farmland remaining in Suffolk County; and WHEREAS the Suffolk County Agricultural & Farmland Protection Plan has targeted 20,000 acres for the purchase of development rights; and WHEREAS development rights have been purchased from approximately 9,000 acres in Suffolk County by the county and towns; and WHEREAS purchasing the development rights from the remaining 11,000 farmland acres over the next five years; is vital to the preservation of agriculture in Suffolk County; and PAST EXPERIENCES WHEREAS the State of New York has spent in Suffolk County approximately $14 million to the purchase of development rights in the past six years; and WHEREAS Suffolk County has spent approximately $50 million since the inception of its program in 1979; and WHEREAS the Town of Southold has spent over $10 million since 1987 for farmland preservation; and FUTURE PURCHASE OF DEVELOPMENT RIGHTS WHEREAS the cost to purchase the development rights on the remaining l 1,000 acres over the next five years will be approximately $275 million or $55 million per year; and WHEREAS this goal can be attained only through the cooperation of the federal, state, county and local governments; and 1/29/02 17 FEDERAL FARM BILL WHEREAS various versions of the Senate Farm Bill call for up to $1 billion for farmland preservation nationwide; and WHEREAS the federal government to date has been spending $20 billion per year in farmland subsidies, paying farmers in other parts of the country for not growing certain crops; and WHEREAS New York and Long Island farmers have never requested crop subsidies and have received little or no benefit from the prior federal farm legislation; and WHEREAS preservation of the remaining 11,000 acres of farmland will require $16 million in federal funding each year over the next five years; and STATE, COUNTY, & TOWN PROGRAMS WHEREAS preservation of the remaining 11,000 acres of farmland will require $12 million in New York State funding each year over the next five years; and WHEREAS preservation of this farmland will require $16 million in county funding each year over the next five years; and WHEREAS preservation of this farmland will require $11 million in local town funding each year over the next five years; now, therefore, be it RESOLVED that this Town Board requests President George W. Bush~ Senator Charles Schumer and Senator Hillary Clinton to support the Senate Farm Bill which provides up to $1 billion in farmland preservation funding over the next five years and to secure New York State's fair share of that allocation in a sufficient amount so that $16 million in federal funds per year for five years can be expended in Suffolk County for farmland preservation; and be it further RESOLVED that this Town Board requests Governor George Pataki and our elected state officials to secure from the New York State Farmland Preservation Pro,ram for this county a total of $12 million each year for five years; and be it further RESOLVED that this Town Board requests County Executive Robert Gaffney and our elected County Legislators to approve County expenditures for the purchase of farmland development rights in the amount of $16 million per year over the next five years; and be it further RESOLVED that in 1998 residents of the East End Towns showed strong support for land preservation by passing a referendum in each town creating the Community Preservation Fund, which has since then raised $76 million for land and development rights acquisition; and be it further RESOLVED that copies of this resolution shall be forwarded to President Bush, Senators Schumer and Clinton, Congressman Grucci, Governor Pataki, Senator LaValle, Assemblyman Thiele, Assemblywoman Acampora, County Executive Robert Gaffney, and County Legislators Carracciolo and Guildi. SUPERVISOR HORTON: This is important. The Farm Bill goes up again for discussion in March. We plan to have representatives of Long Island there. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #89 Amended by #89A Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following persons to the Zoning Board of Appeals~ effectively immediately: Vincent Orlando replacing Laura Collins December 31, 2006 Ruth D. Oliva replacing James Dinizio, Jr. December 31, 2007 SUPERVISOR HORTON: This is the result of a lengthy process, and I am glad we are moving on to housekeeping matters, that the members that are being replaced have served with integrity and have served the Town well. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #9O Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Frederick Tedeschi as a member of the Board of Ethics~ effective immediately, with a term to expire December 31, 2004. COUNCILMAN RICHTER: I have a statement. I would like to talk to about these next two resolutions and this one in particular. Today before us we had a discussion for an appointment to the 1/29/02 18 Board of Ethics. It is an extremely important Board that we have in the Town, and they receive no compensation for it. Both of these people that are in the next two resolutions are more than well qualified to fill this position. Judge Tedeschi has got a reputation in this town of being very fair, being very involved with the committee. Dr. Chiaramonte has also been involved with the Board of Ethics, and has done a very capable and good job. The way ! am doing the vote this evening is going to be determined because ! believe that Dr. Chiaramonte was reappointed in good will and good spirit and direction, and whereas ! believe both of them are very well capable and qualified. That will reflect in my vote. Thank you. JUSTICE EVANS: I would like to confirm what Craig said. SUPERVISOR HORTON: ! would like to say two things. ! will never cast my vote on good will and good spirit. ! will cast my vote on experience and qualifications for a job, and furthermore ! would ask Councilman Moore that you do recluse yourself from this as it was brought to our attention that there is a case pending involving your name before the Board of Ethics. COUNCILMAN MOORE: Let me comment on that. The first ! learned of that was an inquiry made by a reporter as ! walked into the meeting tonight. That tells you something about the way the Ethics Board works, or is supposed to work. ! am aware of no complaint. Six years ago ! voluntarily appeared before the Ethics Board and sought their council on certain issues. The Mayor's comments are outrageous. The Mayor's support for a particular individual reflect an attempt to politicize the very important Ethics Board, and to hasten an effort with which that appointment was attempted to be placed upon this Board is indicative of just that fact. In some ways it attempted to politicize a very important, a political board, which serves the entire public, and the elected officials, and the appointed officials as well. ! have no confirmation of this complaint. ! will accept that an independent person is aware of it. ! am not aware of it. ! will be happy to recluse myself on both these appointments. ! have no problem with that. SUPERVISOR HORTON: The fact that the newspapers knew of this complaint is news to me. ! have to say at this point it doesn't necessarily reflect one way or other this vote, and ! am not particular concerned that the newspapers know about this, but what ! would like to say though is when you have somebody of this stature this is not all a political move. This is a move for the best interest of Southold Town, and that is what ! stand for, and that is what ! stand on. So, it gives me great pleasure to vote on this as it is before us tonight. Please call the roll. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Supervisor Horton. No: Councilman Richter, Justice Evans. Abstain: Councilman Moore. This resolution was LOST. #91 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph F. Chiaramonte~ MD as a member of the Board of Ethics~ effective immediately, with a term to expire December 31, 2004. COUNCILMAN ROMANELLI: ! voted the way ! voted. This is the Ethics Board, and ! want everyone to remember this is the Ethics Board, and ! sincerely hope that this does not turn into a political issue, and it does not turn into a witch hunt of some sort for some old vendetta that someone has against somebody, and that is a sincere hope that is not the way it is heading. ! have complete utmost faith in Mr. Tedeschi that it doesn't turn that way, but ! put my heart on the table here, and hope we are not in essence starting a witch hunt. SUPERVISOR HORTON: On the last motion that went before us we had a majority vote on that. COUNCILMAN ROMANELLI: You need four. COUNCILMAN WICKHAM. We had three votes for. You need four. Vote of the Town Board: Aye: Councilman Richter, Justice Evans. No: Councilman Wickham, Councilman Romanelli, Supervisor Horton. Abstain: Councilman Moore. This resolution was LOST. #92 Moved by Councilman Wickham, seconded by Justice Evans, it was 1/29/02 19 RESOLVED that the Town Board of the Town of Southold hereby waives the 30-day notification period regarding the transfer of the New York State Liquor License Certificate # 556888 of the Porto Bello Restaurant from its present location of Route 25, Greenport, New York to 9095 County Road 48, Mattituck, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: That is the end of our printed resolutions on the agenda. Are there any other resolutions the Town Board members want to bring forth? At this point we will open up the floor to the public. ! ask that you for immediate efficiency and respect to other folks that might want to share to limit your comments. If you have Town related business now is the time to come forward, and speak to the Town Board. DAVID KAPELL: Mr. Supervisor, members of the Town Board, once again ! am David Kapell, 225 Fourth Street in Greenport. Councilman Moore, when it is routinely said on the street within the real estate business, within the law profession, within the development structure of the town, when it is common knowledge that if you want a permit from Town Hall hire Councilman Moore's wife ! don't know how you can say that is a political issue, and how that is not a problem for the town. ! call on you to either resign, or to compel your wife to cease and desist from these activities before Town agencies. You are compromising the interest of the public. Thank you. SUPERVISOR HORTON: Are there any further comments from the floor? JOE LIZEWSKI: ! want to make two comments. One is the perception that was here tonight has really put a shadow upon this Town Board. For one reason is that there was supposed to be an appointment by the Supervisor to that position of the Board of Ethics. That is usually something that is given. But, ! also want to make a comment to this Farm Preservation Committee that ! went to last night. It is quite a committee. It has a good fifteen people on it. It is going to meet twenty-one times. It is going to actually construct the law to suit this town, and ! would tell this Town Board that it should be up on everything that the committee does, and ! would tell it that it should be there whenever it can be. ! think they are going to meet twenty-one times, which is twice as much as you are going to meet for Town Board meetings, which means it is going to do something. It is going to be very active, and if this law is presented to this Town Board in four or five months, and it is refused, and you have no knowledge of what went on to create this law ! don't think it is going to be very good for this town. So, this is not a small committee. This is a very active committee. It is going in a positive fashion, and ! think it behooves each and every member of this Town Board to make sure that it knows what is going on with this committee and stays right with it, because ! can tell they have got their facts together. They are starting off with a very good foundation, and they are going to move forward at a pretty good pace, and it is going to be something that is going to impact this town for a long time. ! don't want to see this thing come to an ending in June, or whenever this thing is going to be asked for you to vote on, and have questions that would show that you didn't participate, or you didn't have knowledge of what went on. So, ! think it behooves you to try to make as many as of these meetings, and keep up with this committee because it definitely has the intention of making some very large changes for the policy, and the way we do things in this town. Thank you very much. FRED TEDESCHI: ! guess most of you know that ! am Fred Tedeschi, and ! just want to say that when ! applied for this position ! didn't realize ! would be the center, or involved in a buzz saw. ! did it with an open heart, and ! still want to continue my search for the position. ! just want to assure Councilman Romanelli that in my twenty years, approximately, hearing cases they might have said ! was tough but ! was always firm and fair, and ! pride myself on that, and you can rest assured that if ! am appointed to this Board things will be done in a fair and competent way. Nobody can influence me, one way or the other. My wife can't even do it. ! thank you for the consideration. SUPERVISOR HORTON: Any more comments from the floor? Jim. JIM D1NIZIO: Jim Dinizio, Greenport. First of all I want to thank you all for your consideration to the ZBA. ! understand it was a hard decision, and you made it, and that is fine. ! have to say that ! am proud that my last vote was a no vote on that Board, and the reason for that is that the Board made an interpretation concerning nonconforming setbacks, and the law that is, and ! think it was wrong. ! think that the Zoning Board basically you serve the Town Board's authority in making laws with this interpretation. ! think they did it in concert with their attorney, and ! think that you should look at that decision very carefully, because what it does is it is going to make a lot more applications come to the ZBA, and ! would be willing to sit down with anybody at anytime to explain it to them, just exactly 1/29/02 20 what the Board did. They changed the law that for many, many years has been existing, and for some reason the Building Inspectors has started interpreting it in a different way in the last six months. So, with this I thank you all very much for your consideration. SUPERVISOR HORTON: Anymore comments from the floor? MIKE DOMINO: Hello, my name is Mike Domino. I am here in my capacity as Co-Chairman of the Tree Committee with several members of the committee, and we would like to urge the new Board to move forward on our proposed Tree Code. We feel there is a real need for this. Preservation is important to us, important to the community. Presently there is a proposal in the Code Committee, and we urge you to seek more public input. We have done additional research. We have some new things we would like to share. We want to move forward with that. It is important for the future of Southold. Thank you very much. SUPERVISOR HORTON: Any more comments from the floor? AMY MARTIN: Amy Martin, Fifth Street, Greenport, also part of the Tree Committee. I would like to present you with a horrible photograph I took back when LILCO cleared the lines in Orient, and it is right behind the sign that says, Southold Town values its natural resources, and celebrates its youth. I hope the youth are doing better than the trees. SUPERVISOR HORTON: Is there any more comments from the public? NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz of East Marion, and those trees are really butchered. I would just like to explain, if you don't mind on the discussion part, that is why I couldn't find it before, what exactly drafting the by-laws for the animal shelter means? Or is this the wrong time to ask that. SUPERVISOR HORTON: No, this isn't the wrong time. We can go into that a bit. What we have is, and correct me if I don't speak absolutely succinctly about this, but there is a group of people who would like to form a non-profit organization in an effort to help raise funds to continue on the building, or to build a suitable animal shelter. So, that is an effort to help the town, an effort to help the North Fork Animal Welfare League, so we are in the process of facilitating that process, and supporting this organization and getting the 5013 status for support in that effort. NANCY SAWASTYNOWICZ: Thank you. On January 17th members of the NFAWL, the North Fork Animal Welfare League attended the public bid opening for Southold Town's new animal shelter. The same day the League sent a request for a meeting with the Town Board to the Shelter liaison, Councilman Bill Moore. We have yet to receive a response. I was just wondering if there is any? COUNCILMAN MOORE: We had a meeting last Thursday with members of H2M, who helped with that bid package. As you may know having been there the combination of the bids came in at about $880,000 to construct the shelter as it was designed and proposed, which dramatically exceeds the budget we had set for it. H2M presented a report, which we just received faxed to Town Hall this morning at 8:30 pointing out areas where we might be able to...they found errors in one bid. I think there is $100,000 error in one of the bids. It still doesn't bridge the gap. In fact I reported to the Town Board this morning that I had a letter received from an architect in Orient. I would like to reach out to her. NANCY SAWASTYNOWICZ: Yes, I have a little thing I want to read about her. I am so glad. COUNCILMAN MOORE: We have just gotten their report so I will be calling for a meeting with representatives from the Welfare League. The Foundation as well is interested in participating in that, the architect from Orient and Jamie Richter, and with folks from H2M. We will see if we can't put together a game plan to go forward, because right now there is a gully between what we want, and what we have to get there. So, you will be hearing from me very shortly. NANCY SAWASTYNOWICZ: Because the next paragraph was about the letter from Reggie Wilde, and I think she is fantastic, and I am so glad she has offered her assistance, and it is just like the light at the end of the tunnel. COUNCILMAN MOORE: If you happen to see her tell her I will be reaching out to her. I haven't had a chance to reach out to her, but she will be hearing from me. 1/29/02 21 NANCY SAWASTYNOWICZ: Okay, because she has got the experience. I mean she really had some ways to save money, which is excellent for this problem that we have with the money, and I guess that my last question was have you received her letter, and you did. Okay. Thank you so much. COUNCILMAN MOORE: I did. NANCY SAWASTYNOWICZ: We will be working with you, and I am real happy about the news. SUPERVISOR HORTON: Are there anymore comments from the floor? AMY MARTIN: Amy Martin, 318 Fifth Street on another matter. As the permit expeditor for the company I work for, I just wanted to say that I will miss Laura Collins and Jim Dinizio as being part of the ZBA because as someone who comes before them as an appellant, and as a spectator they have been nothing but fair, and I appreciate the work that they put in knowing how many hours they devoted to it. Thank you. SUPERVISOR HORTON: Thank you. Any comments from the floor? (No response.) I would like to take this time to address my Board. First of all to my Deputy Supervisor John Romanelli. John, concerning witch hunt, to my knowledge nobody on this Board is on a witch hunt, and would not support or endorse that. It goes against the very grain of my moral integrity, the very grain of how I operate as a human being. I will say that I am here in Southold Town to do what is right. I was born and raised in this town, elected to serve. (Tape change.) I say to all my Town Board members. At this point we all took an oath this year, and I will accept those two years ago. We know what we swore to uphold, the Constitution of the United States, the Constitution of the State of New York, and part of that is serving the town with the utmost of integrity. I would just like to put forth to my entire Town Board, that if a perception or a conflict of interest or self-gain exists in Town Hall it is going to be shook out, it is going to be dealt with, and it is going to be eliminated from Town Hall regardless of who it is or what the case may be. I would like to further say that if there is any question of political appointments I am a registered Conservative who ran on the Democratic ticket from Greenport or all places in Southold Town. As for political ties I am a 29 year old tugboat captain, who owns nothing, and I have lived in Southold Town and I serve this Town Board with great honor and the utmost integrity, and how I treat my peers is how I treat the people who work with me and for me in Town Hall. I have to say that I am pleased to serve with you all. Just so we have it out in the open. It doesn't necessarily go forth quietly is that any perceived conflict if it smells like a duck, walks like a duck, quacks like a duck, it is a duck, and if the word on the street is that integrity in Town Hall is compromised then by all means we have a mechanism in place set forth by our own Town Code to deal with those issues, which is why I believe so strongly in making appointments to the Ethics Board. So, perceived rush have it be known now that the Ethics Board to me while it is uncompensated position is one of the more important Boards that serves Southold Town, and that is where I stand on that issue, and I would like the Town Board to think about that, and to live by that as well as I do myself. So, if there are no more comments from the floor Councilman Wickham has something he would like to say. COUNCILMAN WICKHAM: I would like to reflect briefly the discussions that the Town Board had today during its Work Session. Most of you haven't had the opportunity to be here today, and I think one of the things you have seen tonight is the tension that comes up when appointments have to be made. The Board is subject to a number of different tensions and forces in making appointments. One of them is the tension between fresh views, new people versus the views that people with experience bring. It is always difficult to let people go who have done a real service to the Town, some of them in the room tonight. It is always hard to let good people go, and yet there needs to be a system of replenishment, of bringing new people on. It is very hard for a Board to deal with those things. It is very hard when the politics get in the way, when egos, when other things get in the way. People occasionally get hurt. I think everybody on the Board today, who dealt with this tried to find a way to appoint the best people we could, the balance that we need for our Zoning Board, our Planning Board, and our Ethics Board. Inevitably it will be difference of opinion. You have seen some of that. There will be reasons for it. We will have to get over it, and the Board will have to figure out how to work with itself at future meetings. COUNCILMAN ROMANELLI: I think before we adjourn we made a mistake on the appointments of the Zoning Board expiration dates when we read them, so I want to make a motion that we change Resolution 89 to correct the expiration dates and the terms, and that would be Vincent Orlando replacing Laura Collins, and that would be to December 31, 2005, and Ruth Oliva to replace Jim Dinizio, and that would expire December 31, 2006. 1/29/02 22 #89 AMENDED Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following persons to the Zoning Board of Appeals~ effectively immediately: Vincent Orlando replacing Laura Collins Ruth D. Oliva replacing James Dinizio, Jr. Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. December 31, 2005 December 31, 2006 Councilman Richter, Councilman Romanelli, SUPERVISOR HORTON: ! am going to comment to thank you all for attending this Town Board meeting, and ! hope you continue to attend as your input and your presence in the audience certain makes us feel as though we are being watched. Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:28 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Elizabeth A. Neville Southold Town Clerk