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HomeMy WebLinkAboutTB-04/09/2002 ELIZABETH A. NEVILLE TOWN CLERK REGISTtLAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Msin Road P.O. Box 1179 · SouthoId, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 SOUTHOLD TOWN BOARD APRIL 9, 2002 Work Session Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Councilman John M. Romanelli, Councilman Craig A. Pdchier, Councilman Thomas H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakabosld. 9:00 a.m. Appointment Brett Hamilton re: trailer permit. Mr. Hamilton appeared before the Town Board to request permission m locate a temporary single.family trailer on his property during the reconstruction of his house. The trailer is a double t4 ft. by 24 f~. The water and electric will come from the house. His septic system has to be moved and the trailer will be connected into the new located. He anticipates it will only be for 2 to 3 months during the reconstruction of his house. Councilman Romanetli advised that it would be granted for a 6 month period and then it would have to be removed. The Town Board directed that resolution number 247 be placed on the agenda. Whitaker House Report: Supervisor Horton advised that he has been studying the reports and has walked through it and has had discussion with Jim Grathwohl on the Wtfitaker House owned by the Town next door to Town Hail. They expect to receive word on the grant funds sometime in May. Supervisor Horton said that he would 1/ke to see the committee reconstituted and he would like to add local architect Craig Ann to it. It will be a matching fund grant of $201,000. the Town will still lmve to come up with $201,000. in in-k/nd services. He disclosed that he has had some private funding sources come through who said that they would like to know the status of the building as it goes along. They don't want to be reveaied yet, but they will donate funding if all goes well. Supervisor Horton plans to reach out to the membership of the commiuee. The Town Board was in agreement with moving forward on this project. 9:10 a.m. James Bunchuck, Solid Waste Coordinator updated the Board on the landfill capping and compost projects. He advised that there are many other things also going on at the landfill. The final grading of the east side began as of last week which they plan to finish within 2 weeks, then part of that will begin to be capped. The cunrractor told them yesterday that they will probably have to close the road off to the compost area for about a day. Mr. Bunclmck asked them to please get back to him with an exact date. The public will not have access to the brush facility. They will try to pick a Wednesday which is the/r slowest day in the middle of the week. He will nm an ad in the newspaper and post a notice aI the landfill in advance to make the public aware of it. Mr. Bunchuck advised that they are doing their own over site of the compost site. The grading has been accomplished and they are digging the re-charge basins. He reported that the final submission of their mining permit application has been sent in. Now there is a question'as to whether or not a new SEQRA will be needed. Mr. Bnnchuck informed that one of his-challenges is to try to figure out what to do with the plastic bags from the leaf pick-up~;,Hc has been researching the matter with various companies. The kraft brown paper bags are tl~:best biodegradable, but they are expensive compared to the regular black plastic bags. There is a bag being manufactured by the Kansas Blind Association which has a curb life of 3-4 weeks. He ordered a minima] supply of these bags 1,000 to do a test program on them in a certain area. Another problem is distribution of the bags, he will u-y to come up with a way to get the public involved in it. The cost of these kraft paper bags is about $.15. In the future the public will be urged to buy and use them in order to participate in the free pick-up. Councilman Richter asked what percentage of the leaves come into the town during the town wide pick-up? Mr. Bunchuak answered approximately one third of the total volume. Mr. Richter questioned perhaps the highway department could pick up the leaves with a garbage compactor truck. Mr. Bunchuck reported thru C & D materials will be shipped m a facility in Riverhead soon. The entire recycling program will be streamlined soon co-mingling items that no longer pay to recycle. It will change the whole way that the town does recycling and have implications on the way the recycling building and area are set-up. Councilman Wickham said that he would support this shift to consolidation if it is cost effective, but it will take some educating the public. Councilman Moore stated that he thought it was a fact that the percentage or quantity of recycling actually goes up when you co-mingle. Mr. Btmchuck said yes from 60 to 70 % generally. Councilman Wickham said that the town used to have a recycling coordinator and asked if we still do. Mr. Bunchuck said no, the funding ran out, and asked for thoughts on any possible future revenue sources. Supervisor Horton said that they w/il talk about that. Mr. Bunchuck reported that the building has holes where water comes in. They are going to install Birdex stripping, but they still have to take care of the building first. Part-time clerk interviews were held and they had several responses. He said that they have a temporary solution and if it works they may not have to hire anyone. Councilman Romanelti said that they are sending the bags down to the scavenger waste plant and Rinnie Bednoski_is doing it in her extra time. Mr. Bunclmck reported that he will be placing advertisements in the newspaper for the STOP program. Councilman Romanelli reported that everything has been woflzed out with Corazziui for the R.O.W. It has been surveyed and the environmental process has been completed. The town gave him the north end and the town will be getting the south end, an equal distance of 75 feet each which will facilitate the traffic design to exit. County Road 48 will still be the primary entrance. Mr. Bunchuck said that his recommendation would be not to start using it until the County putsa light in. On motion by Supervisor Joshua Y. Horton, seconded by Justice Louisa P. Evans, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 9:40 am. for the purpose of discussing personnel issues regarding particular persons with Richard Zuckerman. Vote of the Town Board" Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. On motion by Councilman Thomas Wickham, seconded by Councilman Craig Richter, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 10:00 a.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. 10:25 a.m. Appointment Joseph Gergela, Executive Director, Long Island Farm Bureau for update on farmland funding. He presented and explained charts representing the work that was the driving force behind the resolution that the Town Board adopted on January 29, 2002. Mr. Gergela briefed the Board on some of the activity of the Long Island Farm Bureau with regard to preservation. Voluntary preservation and show us the money is what the Farm Bureau promotes. He feels that if they are to succeed they have to be prepared to supplement the town's efforts. Mr. Gergela proceeded to give a presentation to show how they plan to do this. Tl~e purchase of development rights program has been the most successful. However, it is only one tool in the toolbox, but it is the centerpiece as far as the Farm Bureau is concerned. To date, approximately 9,800+ acres have been preserved out of the 34,000 acres to be saved. There is another 25,000 acres available for preservation. Out of this figure, 11,000 are some~vhat at risk. The goal of the Farm Bureau ~s to focus on these 11,000 acres over the next 5 years. The other 14,000 acres are owned by farming farmers, so they don't consider them as much of a risk at this time. The total .cost to the public of the preservation of these 9,800 acres was $97.4 million. $33 million dollars came fi:om the five east end towns, $50. million has been received fi:om Suffolk County, $14 million, from New York State, and the federal government has only provided $400,000. Town Supervisors Josh Horton, Southold; Skip Heaney Southampton; and Bob Kaczorewski went on a lobbying mp to Washington, D.C. Mr. Gergela reported that they have been working very hard with Federal Senators Schumer and C1/nton Offices. He suspects that they are going to put some serious money into the program and we are going to try to increase the likelihood that New York will do better and we will get more 'money down here on Long Island. He is very optimistic that we are going to get funding from theun. Overall they are asking for $275 million over the next 5 years. Senator Ken LaValle and Governor George Pataki have also pledged their assistance. Mr. Gergela said that he is trying very hard to make certain that the funding is in place when the time comes to preserve the hrmland. Land Preservation Department Head Melissa Sp~ro is putting together a meeting for the need to look at how they are appraising farmland. Councilman Romanelli mentioned that he spoke to Tim Caufield about an exemption` from the capital gains tax on development fights purchases and asked if the Farm Bureau was involved with it. Mr. Gergela replied absolutely they have several pieces of legislation in their packet. He explained that it is a very political issue and that they would like to permanently get rid of the death tax. Mr. Gergela advised that they started working on the farmland preservation funding in 1988. They lobbied for 8 years before they got them to put in the farmland preservation program He stated tkat they are ~ealing with a h~ge bureaucratic system and it takes time to get things done. However, he said ,that the respect factor for local government is profound. They listen to local government. They do hear you and they do listen. He projects that over the next 4-5 years they are going to do good with the State. He expects to see some type of a large initiatiYe. Governor r~a~ st..a_t.e~d ,~a~t ~he:wou!~ d lik. e, to,preserve a~other million acres in New York S~ate. SUperv/,or nort. o~ sma mat ne s~p.o~e v~.th ~e stat? and asked about the million acres that the governor w..a~_ m.: to preserve and ~s nopmg the communities that already have preservation plans in place will be given preferential treatment. Ken MacDOnald, the Group for the 'SOuth Fork has been working been working to. create coalitions of the Farm Bureau, Peconic Land Trust, environmental groUPl and the towns. Councilman Wickham said out of, the 11;000 acres to be saved over half O£~t ~s m Southold Town.. so we should have a key position, Supervisor Horton said that he receiq-ed a sense~ffom the senators that theynot only want to g~t ,the money, but that they want to work very closely with the towns. Mr. Gergela Said that it wil~ have [o be a very complex concerted, effort on, the pan of every level of government. The federal. ,representatives will have to form a coalition of the northeast states, New York state with :~e federal, and the county and the towns. Mr. Gergela introduced Becky Wiseman, his assoCiate director who is instrumental in kelping him to cover a lot of the town issues in Albany and W~shington,.D.C. 11:00 a.m. - Scott DeSimone, attorney appeared before the Town Board on behalf of Damn Skrezec and his change of zone application. He explained that Mr. Skrezec is a landscape contractor who is looking for a place to run his business and have a barn/storage facility. He is currently operating off the nursery behind King Kullen, but it is basically just a place to park his vehicles. For the most part he is looking to load up in the morning and come back to at night. The LB District is the only district that he can operate legally in. Supervisor Horton stopped Mr. DeSimone from talking at this point and advised kim that the things that he is telling the Board no~v should be reserved for a:public hearing. The Boad did express concern over the ~ntire parcel being zoned LB and suggested that perhaps the proposal should be amended to RO Residential Office fronting on CR 48 arid LB in the rear. Mr. DeSimone volunteered, to go back to the drawingboard and will call within 2-4 weeks to re-schedule an appointment. 1:15 a.m. IV. 2. Draft Tree Grading and Land Clearing Code. Councilman Romanelli reported that the Code Committee met with the Tree Committee and distributed copies to all Town BOard members of what they are proposing. He stated that he believes that the board owes them the respect of reviewing what they have been working on for several years. Run-off from properties which is a very senous problem in the Town of Southold could be controlled through existing vegetation on the properties. Councilman Wickham advised that he also met with the Tree Committee and there is some confusion over the "clear cutting" on commercial property. Councilman Moore stated that there is a decis/on with the Zoning Board of Appeals that explained it. Town Attorney Yakaboski stated that it was determined that there is no parcel in Southold Town that is strictly residential. Councilman Wickham said that the Tree Committee is telling the Town Board that residential and commercial property are being clear cut and unless the property owners are required to come m for permits, it will continue to have a detrimental affect on the town. Code enforcement should be sent to the sites to check them out. Councilman Moore explained the law, and said that their key goal is to control road nm-off, and the only thing missing is the enforcement mechanism. Supervisor Horton asked each Town Board member to review the draft and contact Councilman Romanelli with their thoughts. Councilman Romanelli will make the board members aware when it is on the Code Committee agenda for discussion. On Motion by Councilman Romanelli, Seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby enters into_ executive session at 11:35 a.m. to discuss contracts and personnel, a particular person. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly adopted. On motion by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 12:t0 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. The Town Board recessed for lunch at this time, to reconvene at 1:00 p.m. 1:08 p.m. IV. 6. ReappHcation for listing with Environmental Facilities Corporation for loan. Comptroller John Cushman explained that they currently have the authority to borrow only $6 million, although they are listed for $10 million. The Town needs to be c~rreet on the application list in order to apply to borrow the money. This is for short term interest free money. The Town Board discussed it and agreed that it should be increased. The application is in the Supervisor's Office. To actually increase the amount of the loan you would have to do a bond resolution. On motion of Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session aw 1:24 p.m. for the purpose of discussing Contracts, Labor Relations, Litigation, and Personnel, a particular person. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Honon. This resolution was declared duly ADOPTED. On motion by Supervisor Horton, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 2:08 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. 2:10 p.m. Appointment, Board of Ethics Report - Chairman Richard Ploth, and Ethiex Board members Eileen Powers and Frederick J. Tedesehi appeared before the Town Board with regard to letter dated March 25, 2002 received from Patricia C. Moore which requested many documents and records in connection with the operation of the Ethics Board. Mr. Ploth particularly re-stated the last sentence of the letter which stated that their prompt response and provision of the requested documents ~s necessary to preserve the right to pursue an appeal of their decision to the New York State Supreme Court. Judge Tedeschi informed the Board that he did not participate in tiffs decis~un. The Town Attorney requested that the board hire outside regal counsel. Chairman Ploth stated that he would not do anything blindly without legal advice. The Board agreed to hire outside counsel. Councilman Wickham suggested that the Town Attorney and Assistant Town Attorney discuss persons who might be considered to do this task and Chairman Ploth requested that they get back to the Board within two weeks for the next meeting. Supervisor Horton presented the Town Board members with copies of a draft of recommended changes to the Board of Ethics code. Chairman Ploth agreed that there should be amendments, but not necessarily the same ones as the Supervisor is proposing. Supervisor Horton verbally lodged a complaint against the Town Attorney and the legal frrm where his father is a parmer and asked the board to decide whether or not this is a conflict of interest. Ethics Board member Eileen Powers agreed to accept his verbal request, but added that it would help if every single etlfics question were not tried in the local newspapers. Supervisor Horton, Councilmen Wickham and Romanelli were in support of this referral. Justice Evans, Councilmen Moore and Richter were not. IV. 1. - Senate Bill S.6649 re: community preservation fund and extending the effective date thereof was tabled for a 2 week period. Valerie Scopaz, Planner asked to have the aerial maps which she had sent down to the west 'basement ladies room returned to the east basement. Councilman Richter volunteered to take carol this request. Ms. Scopaz also reported that she was working on the Scenic By- Ways May 1~. grant deadline for two projects: (1) Orient Causeway; (2) signage. Councilman Wickham reported that the Blue Ribbon Committee has just completed half of its lifetime and they now have a structure in place. A series of voluntary measures of which the conservation subdivision is the pivotal point. If these don't work, then some regulatory measures will be triggered into place.. Counc. i/m .a~ ~Vickham re.p.orted that there are 6,900 acres Of farmland that could be subdivided in this town, and it ~s all at risk. In addition there are ~ sold and snbdivided. The first part of the in perpetuity. The second part describes the specifics of how this~ Attorney Lanry ~ conservation subdivision is the only way to go. Also, some TDR Transfer of Development Rights on a voluntary, limited pilO~ ~rial basis. The ; Board on the number of homes to be built in a down by 50%. There is land outside at this point, 2,000 single and separate lots This Town Board work session ended at 3:39 p.n~ GENERAL MEETING April 9, 2002 7:30 P.M. A Regular Meeting of the Southold Town Board was held on April 9, 2002, 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 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: The Town Board has a policy that the public is welcome to join in discussion or ask questions of the Board in regard to the printed agenda before we move to the voting of the resolutions. So if there is something you would like to address the Town Board on that is on the printed agenda I will offer you a moment to do so, prior to dealing with the resolutions. At that point, after addressing the resolutions we offer the microphone to anybody from the public that would like to address the Town Board on town related business. The one thing that I ask is that you keep your comments to about five minutes, somewhere in the vicinity in an effort to give everybody a time to speak and address the Board if they need to do so and to move the meeting along. I assure you that you will all have an opportunity to speak to the Board if need be. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $84,191.61 and $77,205.24; General Fund Part Town bills in the amount of $15,157.24 and $1,764.64; Highway Fund Whole Town bills in the amount of $7,141.93 and $3,701.46; Highway Fund Part Town bills in the amount of $30,273.70 and $2,517.89; Compost Land Acquisition bills in the amount of $169,147.50; Employee Health Benefit Plan bills in the amount of $7,308.56; Refuse & Garbage District bills in the amount of $14,788.99 and $13,938.94; Southold Wastewater District bills in the amount of $1,709.68 and $884.35; Capital Projects Account bills in the amount of $441.18; New London Terminal Project bills in the amount of $14,494.89; Fishers Island Ferry District bills in the amount of $15,423.14; Fishers Island Ferry District Agency & Trust bills in the amount of $130.12. 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 Councilman Richter, seconded by Justice Evans, it was RESOLVED that the minutes of the February 26, 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 Romanelli, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 4:30 P.M., Thursday, April 25, 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. 4/9/02 2 SUPERVISOR HORTON: We have reports from our various committees on file in the Town Clerk's Office if anybody would like to request to see them that is where they are available. Public Notices are also available in the Town Clerk's Office. We have no communications. 1. Town Clerk Monthly Report - March 2002 2. Scavenger Waste Treatment Facility - March 2002 3. Code Enforcement Report - since January 2002 4. Personnel Leave Time Summary Report - February 2002 5. Fishing and Farming Report - February-March 2002 6. Coastal Erosion Report - February-March 2002 II. PUBLIC NOTICES US Army Corps of Engineers, NY District, Notice of application of Steven Schwarting to place shellfish cages in the Great Peconic Bay, Mattituck, Town of Southold. Written comments by April 29, 2002. III. COMMUNICATIONS None. IV. PUBLIC HEARINGS 1. 8:00 p.m. -Hearing on the purchase of development rights of agricultural lands for Cullinane, SCTM#1000-19-1-1.2. SPECIAL PRESENTATION- Southold Varsity Girls' Basketball Team SUPERVISOR HORTON: At this point, I would like to ask the Southold Varsity Basketball team to come to the front of the room as John Romanelli and I have a presentation for you. WHEREAS: the Town Board of the Town of Southold wishes to recognize the SOUTHOLD VARSITY GIRLS' BASKETBALL TEAM, better known as the "SETTLERS", for their outstanding performance during the 2002 season; and WHEREAS: this championship team is a result of the spirit, dedication, team work, and sportsmanship of the "SETTLERS" as they defeated formidable opponents in league, county, regional, and state level basketball games; and WHEREAS: the importance of the skill, pride, and commitment of the coaches, parents, families and team supporters cannot be overstated as the "SETTLERS" were guided toward these outstanding victories; now, therefore, be it RESOLVED: that the Town Board of the Town of Southold wishes to publicly congratulate the SOUTHOLD VARSITY GIRLS' BASKETBALL TEAM for their tremendous achievements and for becoming the first North Fork basketball team ever to reach the final four; and be it further RESOLVED: that the Town Board of the Town of Southold joins with the entire community in expressing their deep appreciation to the team, the coaches, and the parents for the positive example they have provided to the youth of Southold Town. SOUTHOLD "SETTLERS" VARSITY GIRLS' BASKETBALL Pete Salerno, Coach Assisted by Dan West Joanna Ahlatis Emily Frankel Lisa Grodski Amy Reuschle Mariel Schlecht Kathryn Smith Elaine Thompson Betsy VanBourgondien Holly Perry (JV) Samantha Payne-Markel (JV) Dated: April 9, 2002 SUPERVISOR HORTON: I thank-you and I congratulate you and it is an honor to have you here tonight. This is the official proclamation. There is a copy for each of you. I have a basketball signed from one dream team to the next. I offer you this basketball. Two things, I would like to have a slam- dunk contest with any of you to see if anyone could out shoot me on the three point line, I'm sure you all can. I'm terrible at basketball. The other thing is, I know you can't wear these on the court but you can wear them when you go out of town-I would like to offer you each an official pin of the Town of Southold. Thanks for coming in. It is really wonderful to have the NW be a member of your 4/9/02 3 community. You have a wonderful evening and Congratulations. At this point, prior to dealing with the resolutions I offer the floor to the public in regard to dealing with the resolutions. I ask that when you step to the microphone on either side of the room, you speak clearly into the microphone and state your name and place of residence for the record. NANCY SAWASTYNOWICZ: Good Evening, Nancy Sawastynowicz, East Marion. On the agenda number 255, could you explain what that is about? COUNCILMAN ROMANELLI: I think it is self-explanatory. NANCY SAWASTYNOWICZ: You are appointing an attorney? COUNCILMAN ROMANELLI: Yes. NANCY SAWASTYNOWICZ: Okay, which attorney will it be? COUNCILMAN WICKHAM: We will know when the vote is taken. NANCY SAWASTYNOWICZ: Okay, because I have some real problems with the article in this weeks paper on our Town Attorney and all the moneys that have been spent. ! would like an answer on why we need such amount of legal outside council. It was a lot of money. ! am really upset about it. We could use the money towards things that we need in this town that ! think the firm in Riverhead could maybe keep our money in our town. SUPERVISOR HORTON: The Town Attorney is actually correct in some of those figures. The figures ! was referring to was the outside budget allotment from 1998 to current from $32,000 to $80,000, that raised great concern with me. NANCY SAWASTYNOWICZ: Right. SUPERVISOR HORTON: Perhaps that was put out there in the improper fashion. But ! was concerned about the budget and the amount of cases that went out to that outside firm that he is related to. So that is where that is. NANCY SAWASTYNOWICZ: So why do we need so many outside legal attorneys when we have a Town Attorney? COUNCILMAN ROMANELLI: Some of those numbers were determined to be wrong. NANCY SAWASTYNOWICZ: I am not asking about the money anymore, I want to know why we have to use all these other outside attorneys from Riverhead? We have a Town Attorney. COUNCILMAN WICKHAM: May I address some of that? There are specialized attorneys who deal with special work. One of them is an attorney in Florida who is a specialist in dealing with Cablevision. They know the players and we have contracted with him, together with the Towns of Riverhead and some other towns so that we split the costs and that specialist is handling the work for us because he is a specialist in it. In addition, we have hired a firm in Riverhead to handle all the legal business concerned with the dump, the landfill. Even going back 8 or 9 years, that firm has handled that stuff because it is heavy-duty work with the state. NANCY SAWASTYNOWICZ: We should have capped that back then, we wouldn't have all the fines. Anyway, so then ! just want to know if there is any way we can save money on all these legal fees, like Mr. Ross said he would take it down scale pay. Can we get that out of our new Town Attorney because it looks he is going to be the same one. ! just want to try and save money for this town. We have to save money at the Animal Shelter, you know, I'm annoyed. It's a lot of money going out of this town to Riverhead town attorneys. COUNCILMAN ROMANELLI: I think that as we reviewed the budget numbers, we realized that the Town Attorneys budget is lower today than it was five years ago. NANCY SAWASTYNOWICZ: He is the highest paid person on this Town Board. 4/9/02 4 COUNCILMAN ROMANELLI: The Town Attorneys budget, out of that office, is the lowest its been 1998, 1999, 2000 is lower than it was in 1995, 1996, 1997 and 1998. NANCY SAWASTYNOWICZ: But he is still the highest paid appointed town person. COUNCILMAN ROMANELLI: No, we have a few other people above that. Town Comptroller is one of them. Jim McMahon of Community Development is also above that. As we went through Town Attorney budgets from surrounding towns, the next closest budget to ours is about $200,000 difference, which is higher. So we are the lowest budget for a Town and Town Attorney budget- NANCY SAWASTYNOWICZ: Well, we are a smaller town. COUNCILMAN ROMANELLI: Amongst East Hampton, no, we are not smaller, South Hampton, Riverhead, so our next closest town is over $200,000 higher for their Attorneys budget. NANCY SAWASTYNOWICZ: And then my next comment, ! always keep my son, who is 14, abreast of what is going on in the Town Board meetings because ! get enraged all the time and he wants to know what the problem is with me. ! really want the town to work together as adults that the people of the town have voted in to work with Mr. Horton. He is trying to clean up this town, cause ! know a lot of money has been going out of this town like ! can't even begin to go into because $17,000 for this study and that study, it's all B.S. ! want the town to work together, we can save money by doing that and time and aggravation and me picking on my kid cause ! can't take what's going on. Thank you. SUPERVISOR HORTON: Would anybody else like to address the Town Board? JOAN EGAN: How strange that I am here again and again and again and again. My name is Joan Egan, we all know your names, we know your inventory. Mr. Moore sits there with a smirk. Mr. Town Attorney, only been how long, Town Attorney since you've been supposed to return a call to me? ! have an issue about when we are talking about a Town Attorney and cases going up to Riverhead to which law office are they going to? ! heard you on TV tonight. To your families, Mr. Yakaboski, is that correct? Most of them go up there and they are up there forever and ever. We have to keep paying legal fees .... SUPERVISOR HORTON: Greg doesn't need to be put on the spot. If you have questions for the Board, the Board members feel free to ask any of us because he is our attorney. JOAN EGAN: Well, ! would like to know when we are going to get a functioning, live Attorney General who does his job. Who is here for us when we need him. Can you answer that question, Josh? SUPERVISOR HORTON: I've been trying like heck for three months to answer that question, Joan. Thank you. JOAN EGAN: So when will it be resolved? Why is all this money going out and nothing is happening? It is a disgrace to everybody who is sitting on the Board, who is bored of being bored. So please, stop your fighting. It's our money. You're receiving it. Do your job. That's what you are paid for. Thank you. SUPERVISOR HORTON: Thanks, Joan. Would anybody else like to address the Board? If there are no other takers on the microphone, we will move ahead with the resolutions. ! would like to say in regards to the reading of the resolutions we are going to implement a new policy. Starting from the left and working right. Bill, ! think it's time you joined in and read a couple of these resolutions. #234 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment surplus at the Southold Town Police Department: JOHNSON 2000 outboard motor - serial #G04803625; model #J150PLSS; gas motor type; 150 horsepower; 6 cylinders; power tilt and trim; electric start. Be it Further RESOLVED that the Town Board authorizes and directs the Southold Town Clerk to advertise for the sale of the above surplus equipment with a minimum bid of $4,000.00. 4/9/02 5 Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Councilman Richter, Councilman Romanelli, #235 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby adopts in its entirety the advisory award of Arbitrator Josef Sirefman dated December 24~ 2001~ recommending the denial of the CSEA's grievance on behalf of Denise Ross regarding the calculation of her longevity and vacation entitlements. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #236 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Love Lane~ Mattituck~ on Sunday~ June 2~ 2002 (June 9~ 2002 rain date)~ between the hours of 6AM and 3PM to facilitate the trimming of trees on Love Lane by Shamrock Tree Expert Co. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #237 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Charles Burgess to the position of part-time ferry captain for the Fishers Island Ferry District at a rate of $26.00 per hour effective March 28, 2002 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #238 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Solid Waste Coordinator James Bunchuck to advertise~ in the April llth editions of the Suffolk Times and Traveler Watchmam the April 13~ 2002 Household Hazardous Waste drop off day at the Solid Waste Transfer Station in Cutchogue. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #239 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Joseph Blados and George Rohrbach~ Southold Town Highway Department mechanics to attend a three day "Troubleshooting Hydraulics" School/Seminar on April 10-12, 2002 at South Plainfield, New Jersey sponsored by the National Fluid Power Institute. All expenses to be a legal charge to the Highway Department 2002 budget, including travel, meals, and the registration fees of $1,970.00 and hotel accommodations of $238.00 to cover both persons Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #24O Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the 20th Annual New York State Town Clerks Association Conference on April 21- 24, 2002 at Saratoga Springs, New York, and all expenses for travel, meals, accommodations, and registration shall be a legal charge to the Town Clerk 2002 budget. 4/9/02 6 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #241 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meeting of their state and county professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk; now, therefore be it RESOLVED that the Town Board of the Town of Southold does here recognize the week of April 28 through May 4, 2002 as "Municipal Clerks Week", and further extend appreciation to our Municipal Clerk, Elizabeth Neville and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #242 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Joan Horton from her position on the Board of Trustees for the Southold Town Employee's Health Benefit Plan, effective immediately. BE IT FURTHER RESOLVED that the Town Board authorizes and directs Town Clerk Elizabeth Neville to advertise for this position. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #243 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Highway Fund Whole Town budget, as follows: TO: DA. 5140.4.600.200 Brush & Weeds/Miscellaneous $2,000.00 Contractual Expense Miscellaneous Meetings & Seminars FROM: DA. 5142.4.100.100 Snow Removal $2,000.00 Contractual Expense Supplies & Materials Miscellaneous Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #244 Moved by Councilman Moore, seconded by Councilman Romanelli, WHEREAS, the Governor has proposed to remove certain offices overseein~ Cultural Education in the New York State Education Department, incorporating an entirely new Institute for Cultural Educatiom and 4/9/02 7 WHEREAS, in order to fund this institute, including the State Archives, State Library, State Museum, and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quad tripling the present five dollars $5.00 collected by all County Clerks and the Registrar of the City of New York on all recorded, indexed and entered documents to twenty dollars $20.00, effective July 1, 2002; and WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and to support the state's Documentary Heritage Program, and WHEREAS, said fee increase would provide no improvement in service fore the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase, and WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed institute, in contrast to the highly effective and beneficial relationship that local governments, museums, historical agencies and libraries no enjoy with the New York State Education Department, now; therefore be it RESOLVED that the Town Board of the Town of Southold hereby stands firmly opposed to this proposal~ and be it FURTHER RESOLVED that a copy of this resolution be delivered to the Governor, the New York State Legislature, and all others deemed necessary and proper, and we urge them to likewise oppose this proposal. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #245 HELD Budget Modification to appropriate Department of State grant for Plum Island COUNCILMAN MOORE: I believe early this afternoon, we discussed this at the end of the day, does this relate to the proposal you are going to put together for the seminar and the public information for Plum Island? SUPERVISOR HORTON: Yes, it does. COUNCILMAN MOORE: I thought you were going to bring it to the Board as what your package was and then we would go ahead and green light that as a go. SUPERVISOR HORTON: We can do that. If you would like to table the motion, I was under the impression that the Board gave me the green light to go with regard that to that. Actually, I have a very nice, tight package put together for that. I was under the impression that the Board said go ahead and do that. I think that was actually quote-unquote from yourself. So, if you would like to table that and bring it back, go ahead and do that. Let's table that resolution. COUNCILMAN MOORE: Okay, Thank you. #246 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #187 adopted at the March 12, 2002 reeular board meetin~ appointing Henry Santacroce as a mini-bus driver as he has declined the position. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #247 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the application of Brett Hamilton to locate a temporary house trailer while reconstructing existing home at 1710 Bridge Lane, Cutchogue, New York of Town Board of the Town of Southold be and hereby is granted, for a six (6) month period. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted 4/9/02 8 #248 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town Southold hereby terminates the employment of Andre Edwards as a part-time minibus driver 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 #249 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Historical Society to hold a to hold a Civil War Encampment on the Museum Grounds, Main Road, Southold on May 25 & 26, 2002 provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Lt. Flatley to be contacted at least ten (t0) days prior to the event if Police assistance is needed. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #25O Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to hold their annual Strawberry Festival and Country Fair, Route 48, Mattituck from Friday, June 14, 2002 through June 16, 2002 provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Lt. Flatley to be contacted at least ten (t0) days prior to the event if Police assistance is needed Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #251 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby elects to permit members of the Southold Town Board of Trustees to enroll in the CSEA Employee Benefit Fund at each member's expense. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #252 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: TO: Revenues: A.2705.40 Appropriations: A.6772.4.100.100 Gifts & Donations Other Donations Vote of the Town Board: $ 200.00 Programs for the Aging Supplies & Materials Office Supplies $ 200.00 Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #253 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the new form attached hereto and made a part of this resolutiom to be used by the Town Clerk's Office for Application for Appeal to the Coastal Erosion Hazard Board of Review~ all in accordance with the approval of the Town Attorney 4/9/02 9 TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE NAME OF APPLICANT: ADDRESS: DATE OF DECISION APPEALED FROM SPECIFIC CHAPTER/SECTION INVOLVED THE ALLEGED ERRORS IN THE DETERMINATION ARE: INTERPRETATION THAT IS CLAIMED TO BE CORRECT: RELIEF SOUGHT: *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL SIGNATURE OF APPLICANT Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #254 Moved by Councilman Richter, seconded by Councilman Romanelli, WHEREAS, Maureen Cullinane, owner of the property know as SCTM# 1000-19-1-1.2, located on the southwest corner of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value, in addition to it's scenic value and proximity to wetlands, and WHEREAS, the development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and 4/9/02 10 WHEREAS, this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Short Environmental Form prepared for this project is accepted and attached hereto; be it therefore RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it FURTHER RESOLVED that pursuant to the provisions of Chapter 25 and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase a development rights easement comprising approximately 29.5312 acres on the 34.5527 acre farm parcel owned by Maureen Cullinane, identified as SCTM# 1000-19-1-1.2. The property is located on the southwest corner of Main Road and Narrow River Road in Orient. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.5312 acres. The Town is eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore This resolution was duly adopted. SUPERVISOR HORTON: I offer a motion to table that as there is a pending conflict of interest complaint before the Board of Ethics that was put forth by three members of this Town Board this afternoon and ! don't think it would be wise, ! don't think it would offer the Board of Ethics the fair opportunity or the Town Board the fair opportunity to have that addressed by the Board of Ethics. ! don't think it would be a responsible move and ! ask for a motion, a second to table the resolution. If this Town Board wants to let that move ahead before the Board of Ethics has issued a determination, so be it. #255 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory F. Yakaboski to the position of Town Attorne¥~ at a salary of $67,653.00, for a term of office to expire on December 31, 2003. COUNCILMAN RICHTER: ! would like the roll call. SUPERVISOR HORTON: I'll just address the resolution myself. I've had conversation with Mr. Yakaboski and ! am not going to drag Mr. Yakaboski through the mud if that is the feeling this Board has. But ! will say, that if the people of this Town wanted the status quo, if the people of this Town wanted the Administration and the Administrative positions filled by the status quo, that the old guard had in place, they would have voted for them on November 6. ! have asked for a simple tool, ! have negotiated in good faith. ! was told at this Town Board meeting, two weeks ago that there would be a compromise and that compromise was an Administrative Assistant. In essence, a secretary to guide me through the legal dealings of this town, ! stand on principle and principle alone. My party affiliation is next to none. ! have mentioned it before ! am a 29-year old tugboat captain, who came fresh off the boat, to serve this town and the people of this town. So not only do ! represent this board as the Supervisor, ! represent the people of Southold Town. ! have asked for legal counsel that ! can be comfortable with. It doesn't have to be a Democrat, it doesn't have to be a Republican, it just simply has to be an attorney ! am comfortable working with. ! have negotiated in good faith. ! feel as if ! have been blindsided and led along and strung along. If ! have enjoyed the support of Councilman Wickham and Councilman Romanelli through this ride and sometimes it's tough, there are tough issues that this town has facing it. This Supervisor feels strongly that ! need an attorney that ! feel comfortable with. ! am sorry that things got out into the paper in the fashion that they did and have been read in such a way. Greg, if your family has been affected, ! apologize for that too. But ! cannot turn my head to the appearance of impropriety that ! observed, that ! feel. Maybe the Board of Ethics will feel differently and so be it, we'll move on from it at that point. But ! cannot go on, trusting the judgment of either the Board who may have put the Attorney in this position and that very well could be the case, by sending cases to a family law firm over the course of the past two years. It may be the fault of the Board and Mr. Yakaboski is not to pay for that. ! am not doubting the competence of that 4/9/02 11 family law firm. They have a wonderful reputation, I am sure they are all a strong bunch of lawyers that earn their money. But ! am not comfortable. ! am going to tell you a little something about being a ship captain. A ship captain, if he is outside of the channel navigating a ship in shoal water, there is only one of two reasons. You know you are outside of the channel, you accept that and you continue to operate your shoal water. Which is not an acceptable excuse. Or B, you don't know you are outside of the channel and you are navigating in shoal water. Therefore, B, you have not exercised your best judgment, which you are expected to do. In 1998, this Board had to make a decision when Greg Yakaboski was appointed, either he is the Town Attorney and his family doesn't do business with this Town. Or he is not the Town Attorney and we can continue on soliciting the outside counsel of that law firm. It's got to be one or the other. Just Mr. Romanelli's brother won't bid on Town jobs. We as public servants are here to do first and foremost, enlist the public trust. Serve the will of the people, provide a fair, even-handed administration to the people who pay our salaries. As Supervisor, as the one person who is in this building seven days a week, not part-time, people, full-time. The one person who is here full-time has made a simple request. We will call the roll and if ! have to stand alone, on principal, ! will. It will not be the first time that ! have stood alone. The people want the status-quo, they would have voted the status quo. At this point, we are going to call the role and let the chips fall where they may. As ! said, my vote- MAN FROM AUDIENCE: Supervisor, this roll looks improper. SUPERVISOR HORTON: ! am asking you to either please table your comments or leave the room. There are rules and there are rules that ! will play by and ! will continue to play by them. So as we call the roll and the chips will fall where they may, ! will continue to give my utmost to enlist the public trust, to carry out the will of the people of this Town. If ! do it with the tools ! have requested or if ! have to do it with the tools that have been shoved down my throat, ! will continue to do so. You have my word on that, Southold Town. COUNCILMAN ROMANELLI: ! just have to make one thing clear about Greg Yakaboski's family law firm. Greg Yakaboski is not a voting member on this Board. Greg did not vote or determine if work went to his family firm. That was done by the Board. Six people. So to pin that on Greg Yakaboski, that he did something wrong, that he did something illegal is wrong. He doesn't vote, he is not a decision maker. The Town Board determines where the outside counsel goes to. So we can't hang that on Greg's head. As far as having the tools to work with, we all, everyone of us has to work with what we are given with. We have to continue moving forward and exist as a Board that can accomplish something. We are at a deadlock, we fought over this, we've pitted each other against each other over this subject. For the benefit of the Town government, the Town employee's, the department heads, there needs to be some consistency, there needs to be some forward movement on how government gets done. I've been here for four years, going on five, four of them with Greg. He has been always honest, he's always been forthright with me. ! believe he has treated every member of the Board in the equal fashion. He gives everyone the same honest opinion, if you like it or not, you may not always like the answer but he treats everyone the same. No matter what party you are from, this is not a party affiliation vote. He gives his decision on what he feels is the right legal decision to be made. I've supported Josh in his efforts to change Town Attorneys. But fortunately or fortunately however you want to look at it, you need a majority vote. We don't have a majority vote. We need as a Board to be able to work and if we can't work together, we are going to go nowhere. If we are going to go nowhere, ! am wasting my time as a public servant. If we all can't learn to compromise and deal with what we are given, then we are all wasting our time. So with that said, ! am ready for you to call the vote. SUPERVISOR HORTON: Are there any other comments? COUNCILMAN RICHTER: Yes, here again ! have to say that ! appreciate your words and being a Board of six, ! think that part of that is to have difference of opinions. Being party politics or doing something that is illegal is something that is not in the makeup of what ! am. ! think that all the decisions I've ever made in my life, on numerous Boards that I've been on is for the best interest of the people ! serve on those Boards. Whether it be a School Board, whether it be a Lions Club or Fire Department. Whatever, anything ! am serving ! want to give the best of my abilities to that entity. This being the Town of Southold is something very dear to me. Being in Southold for 53 years. ! enjoy it out here and ! want it to stay the way it is. We are at a crossroads right now. Development pressure is tremendous, tremendous. We could blink and in no time see Southold not look like Southold. The litigation that is going on in this Town as we've looked at this afternoon at our work session was numerous. Greg Yakaboski has done on the two years that ! have been here, everything that ! have 4/9/02 12 asked for. Anytime I have had a question, regardless of what it is in the legal area, he has gotten back to me in the appropriate time. There is no doubt that ! think the knowledge that he brings with him in four years here is too much for us to get rid of. We need to use that knowledge that he has. The cases that stem back four years and further than that he has a tremendous amount of knowledge and ! have a lot of respect for that. Thank you. SUPERVISOR HORTON: It's an interesting dilemma that we have. It's extremely interesting, somebody stood up and asked a question earlier. What is this resolution about? ! couldn't give you an answer. The reason ! couldn't give you an answer because ! was out of the room when this was discussed. ! found out about it after the closing of our work session. Keep that in mind when we talk about working together and building a consensus. COUNCILMAN WICKHAM: Before ! vote, ! would like to read a brief statement myself. ! am joining other members of the Board in this appointment of Mr. Yakaboski. Because after three months on the Board, ! have come to believe that first, for the good of the Town, the Board has the responsibility to prevent further distraction, disruption and disputes arising from this matter which have largely consumed Town business for weeks now. It is now for all practical purposes impossible to find the votes to appoint anyone else. Mr. Yakaboski has demonstrated to me competence as an attorney without serious conflicts of interest. On a personal note, ! would like to add ! think the Supervisor will benefit from working with a wide range of people, not necessarily of his own choosing. ! think disappointment will not prove to be a favor for Mr. Yakaboski. ! vote in favor of the resolution. COUNCILMAN MOORE: I'll be very brief. I've served for six years on this Board, Greg serves well as a Town Attorney, we are one of six. In January two new members joined the Board and we have to work together. You work with the tools you have. When ! first joined the Board, we had a Town Attorney there was no consensus on a change and no change was made. It did not become a matter of public fist pounding, smear campaigns, character assassination, innuendo and the like which went on last week and have gone on for weeks on end as this got uglier and uglier. It did not serve the Town well, it did not serve this Board well. Greg has served the Board well. SUPERVISOR HORTON: You can call them smear campaigns, we can call them what we want. ! am uncomfortable with business as usual and ! am truly uncomfortable, like a tropical sweat in the sweltering heat of the Caribbean. Sitting with what ! believe is some of the festering wrongs of this government. I'll stand alone as I've done before and won't be afraid to do in the future. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Supervisor Horton. This resolution was duly adopted. SUPERIVISOR HORTON: At this point, we offer the floor to the public to address the Town Board on Town related issues. Would anybody like to address the Board? FRANK BLANGIARDO: Good Evening, Town Board. My name is Frank Blangiardo, Principal Senior Partner of the law firm Blangiardo & Blandgiardo, Main Road, Cutchogue, Town of Southold. We practice law on the Main Road in Southold, Town of Cutchogue. I'd like to address the Board with regard to the Town Attorney appointment this evening, the attorney Gregory Yakaboski, and his father and his fathers firm. It begs the question, ! am a procedural expert in the practice of law. As ! sit here listening to this, and reviewing documents, I've been here to several Town Board meetings. ! have to wonder, why are we sending our of counsel work outside the Town of Southold? We have wonderful attorneys, as Mr. Moore and his wife are a perfect example. Why do we have to send outside counsel to Town of Riverhead? Where ! grew up, a little island called Manhattan, where ! was admitted, my father was on the bench there for 30 years, we didn't dream of sending anything to Riverhead. Or using of counsel in Riverhead. So why, if Manhattan lawyers don't send things east, why should we send anything west? We should keep all of this work in our Town, in the Town of Southold. Now, this begs the question, Mr. Gregory Yakaboski, who is the Town Attorney who, Craig Richter as you testified, has been our Town Attorney for four years. But what came first, the chicken or the egg? Where was Greg Yakaboski four years ago? Where was his experience? It is practically nonexistent. No offense, Mr. Yakaboski. But his father placed him here, do you see that? Mr. Romanelli, as you testified, the firm of Yakaboski and whoever they are, ! don't know those fellows and ! am in Court everyday, okay. ! don't know those guys, ! couldn't pick them out of a line-up. But you say they have a wonderful reputation, they are fantastic lawyers in Riverhead. The problem here is so evident and it is governed by higher standards than Town code of conduct from the Town of Southold. It's a disciplinarian rules for the practice of laws in New York State. For this department, 4/9/02 13 it's covered by the l0th Judicial Department. As Mr. Moore will tell you. As Gregory Yakaboski will tell you. The Grievance Committee, and any client of yours, as you are all Mr. Yakaboski's clients, as we the constituents are all Mr. Yakaboski's and when your clients don't like you or if you are in disfavor with your clients, for a 34 cent stamp, puts it on an envelope and you've got a lot of problems, as ! am sure Mr. Moore will attest to you, with regards to the Grievance Committee and the l0th Judicial Department. Any client who is in disfavor with his attorney can get you in a heap of trouble. So Mr. Yakaboski, ! address this to you. When you have a Town Board or a Supervisor who really doesn't like you it's like having a client who doesn't like you. It's not an enviable position to be in. SUPERVISOR HORTON: Mr. Blangiardo, you've made your point very clear. I won't stand for any- you've made your point clear and we are bordering on the edge of berating somebodies. MR. BLANGIARDO: ! am not berating anyone, ! just want to talk on the issue of of counsel. We are sending all of this work to the tune of $100,000. SUPERVISOR HORTON: You've made your point clear there. ! ask that you cease at this point. You've made your point clear, Thank-you. COUNCILMAN ROMANELLI: Number one, in case you don't know. The Town has been using that firm since 1962. That's nothing new. Number two, ! think we ought to let the public audience know that you were one of the people applying for the Town Attorney job. You did not get it, so maybe there is a slight axe we are grinding here. Number three, the firm and as we want to point numbers to Mr. Yakaboski, was not responsible for sending these cases to that firm, the Town Board was. The numbers of $100,000 is inaccurate, the number for outside counsel last year $33,000. The year before that it was approximately $50,000, back in 1995 it was almost $100,000, back in 1997 it was just under $100,000 back in 1998 before Greg got here it was that high. So he has been decreasing the outside counsel budget. We need to clear his name in that matter. Because the outside counsel has decreased. The expenses since he has been here. The number of cases that have been referred outside this town have decreased since 1998 so the perception that we are throwing out there that we have this over extended outside counsel budget, we are sending everything outside of Town is completely false and the air needs to be cleared on that, so everyone understands that we are sending less out now than we ever did before. We are spending less on outside counsel than we ever did before, at least in the last decade SUPERVISOR HORTON: That may be the case but the Board of Ethics will handle this. The bottom line is that perhaps we spent less money on outside counsel between 1985 and the year 2000, three cases went to that law firm and from the year 2000-2001 ten cases have gone to that law firm. The Board of Ethics will deal with that. Whether the Planning Board, the Zoning Board of Appeals or the Town Board that passed it on resolution, the files are in that office, the Board of Ethics will deal with it and that is what ! am uncomfortable with. If that answers your question and ! understand that. So whether or not Mr. Yakaboski has a conflict of interest, ! don't know. Or maybe it's the Town Board that placed him in this position and for that ! feel sorry for him. If this Town Board, or the Town Board of the past six years placed him in that unfortunate position because it stinks. We have a governing body that will deal with that and that's the bottom line. MR. BLANGIARDO: But I just want to point out one other thing so that the people who are lay people and don't practice law, can understand the attorney-client relationship. Who reviews Gregs' Dads' bills? How can he go along and account... SUPERVISOR HORTON: Mr. Blangiardo, your questions are understood, your point is understood. I've asked the same questions about who reviews the bills. The answer is Mary Wilson, the Assistant Town Attorney. My question is, who reviewed the bills if she has a question about the bills? To that, I don't get an answer. It leaves me as uncomfortable as perhaps it leaves you. On that note, is there anybody else who would like to address the Town Board? JOAN EGAN: Mr. Yabbayabi, number one, you don't dress appropriately here. Also, for two years I have asked Mr. Yabbayoski to call me back. Is that so, Mr. Yabbayaski? Yes or No? Mr. Yabbayaski has never, never for two years ! come up here and I've asked him and asked him. I've called your office. I've called him. I've come up here and he never returns my calls. Now with that said, now ! have paperwork for Mr. Moore, do you want to review it before ! give it to them or do you want me bring it up verbally now. Mr. Richter, the question ! asked you at the last meeting, you never got back to me about Town clean-up. Who would be responsible for insurance if somebody got hurt? Excuse me, ! have not finished. When ! am speaking you are listening and when you are speaking I'm 4/9/02 14 listening. Now, on television, national and local television, the deer tick situation because we had such a quasi mild winter is worse. And deer ticks carry Lyme disease, so if our kids or anyone gets Lymes Disease who pays the medical bills? The Town of Southold or them. You never answered the question, ! wrote it to you the last time. Mr. Moore, you have yet to address my problems with Zoning property, this you have pushed the buck to someone else. You never return calls, you're never there for anyone. Is your middle name collusion? When can we meet face to face in Town Hall? Please leave such time with Supervisor's secretary and she'll contact me. Mr. Romanelli, you returned one call on my answering machine, correct? ! left other messages at your office to no avail. What do you need an engraved invitation to give a call back to me about important issues? When can ! meet with you? At Ethics Committee meetings, is that when you'd like to meet me? Thank-you very much. SUPERVISOR HORTON: Would anybody else like to address the Town Board? Thank you for coming. Your input is always welcome. There is a bit of information on the Town Web site, all of out names and numbers are listed. If you have a concern regarding Town business, you may call us at our homes or places of business or whatever phone numbers are listed on the Town Web site. If you need those numbers because you don't have a computer to access them, call my office. Again, ! ask this Town Board to show up a little more often. Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:31 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