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HomeMy WebLinkAboutTB-03/26/2002SOUTHOLD TOWN BOARD MARCH 26, 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, Henry Raynor and Joseph Baier appeared before the Town Board for the second time seeking assistance in obtaining water for his 29 acre subdivision near the Cutchogue landfill. Mr. Raynor explained the situation as follows: The Town of Southold had excluded his 29 acre subdivision and 1,000 ft. surrounding the landfill was excluded under Suffolk County Health Department regulation. They can no longer sink private water lines and they fell outside of the Suffolk County Health Department boundary line for water. Unless the Town of Southold amends their water map, they cannot have water. Mr. Joseph Baier has been working for Dvirka & Bartilucci since his retirement from the Suffolk County Health Department two years ago. This subdivision has been before the S.C.H.D. They approved four lots as having good water and they said that if he can get good water on the balance of the property, they will give him approval. Since that time, they have said that you must have a community water system in order to develop this property. Councilman Romanelli said that the S.C.H.D. will not allow approval for those that have good water because of the landfill situation. Mr. Raynor said that a lot of times he can get good the water to test good on all of the lots and other times they don't all test good, it fluctuates. The 1997 moratorium was based on the results of the testing of water surrounding the landfill for aldicarbs, organics and benzene products. Councilman Wichkam asked what the Health Department thinks of filtration systems. Joseph Baier answered that if you couldn't find good water, then the H.D. would approve it with a filtration system. Councilman Romanelli questioned if it is anticipated that this moratorium will remain there forever. Councilman Wickham said that he doesn't think moratorium was a good word for it. He thinks it was rather more of a restriction than a moratorium. It ran down Depot Lane, Oregon Road, and Cox Lane. Councilman Wickham stated that he did not think that the 1,000 ft. buffer included all of Mr. Raynor's property. Mr. Joseph Baier said that yes it does. Councilman Wickham asked if the Health Dept's scope for placing a well outside of the 1,000 ft. still on his property. Councilman Romanelli asked if he would do his own community water system for the ten lots. Mr. Raynor advised that the problem is at the southwestern corner where the well water is not good and he says that he is having trouble talking to the health department because they say they don't want to talk to him until he is included in the town water map. He stated that he was here to ask the Town Board for consideration of approval of his property within the town water map. Councilman Wickham asked if he has spoken with the Suffolk County Water Authority. Mr. Raynor said that they too tell him that he is outside of the Town water map. Councilman Wickham stated that the Suffolk County Water Authority is obliged to provide water to anyone who makes an application. This business of not be able to talk to him, Mr. Wickham thinks is not accurate. He further stated that he does not think that the Town is a party to this situation. He thinks it is a matter of concern between the source of water, the applicant, and the Suffolk County Water Authority. Supervisor Horton asked when the Health Dept said that the water was not good, what was exactly was in the water, pesticides, organics, aldicarbs? Mr. Baier replied yes, all of that. Mr. Baier stressed the problem is the fact that the subdivision is not within the area approved by the Town, the Suffolk County Health Department, and the Suffolk County Water Authority doesn't want to do anything to increase the source of water. Mr. Wickham asked if the Health Department would consider augmenting the supply? He thought the answer would be yes. Councilman Romanelli said that he should be able to sink his own well on a good portion of the property and have his own water system and provide good water for these 8 lots. The Suffolk County Water Authority constructed and sized that site for just so many gallons of water to just so many lots. The aquifer there is good and capable of more. Councilman Wickham, said that he is prepared to urge the Suffolk County Water Authority to sit down and talk to him. They told the 3/26/02 2 Town that they would sit down and talk to reasonable applicants for water. Supervisor Horton advised that he will call Steve Jones and see where they are at. Valerie Scopaz, Town Planner asked Mr. Raynor if he considered applying to the Suffolk County Health Department Board of Review and asking if they would approve some other standard, Mr. Raynor replied yes that they did and they said no, they even offered to put filters with treatments in on the wells. Supervisor Horton asked him to repeat to Steve Jones of the $CWA what he told the Town Board and hopefully it will open up the doors for discussion. 9:35 a.m. The Town Board discussed the parking lot that the town leases behind the caf6~ next to the Historical Society Building on the north side of the Main Road~ Southold. The new owner is asking for more money. The Town Board instructed Town Attorney Yakaboski to negotiate with them and draw up a new lease. 9:40 a.m. The Town Board discussed IV. For Discussion Items as follows: 1 IV. Southold/Southwold student exchange. Supervisor Horton spoke of his past trip to Romania on which he chaperoned a group of Greenport students. It was a very rewarding and beneficial trip. He proposes a student exchange with Southwold, England with whom we have a very strong long standing relationship. Supervisor Horton stated that there is no better time than now to promote a student exchange program. He has contacted Tom Rabbit, guidance director of Greenport School who has connections with the Rotary Club and checked with him as to whether or not there would be interest in such a program. Mr. Rabbit conveyed to him that there is a great interest. Supervisor Horton read the tentative proposal for such a program. Supervisor Horton stressed that he would like character and community service to be the primary consideration, not particularly scholastic superiority. Justice Evans thought it was a good idea, but asked who is funding it. She was of the opinion that the school boards should fund it. Supervisor Horton pointed out that Town involvement would be in keeping with our strong relationship that currently exists between Southwold and Southold. Supervisor Horton offered to work with the schools as a Town representative to ensure that it happens. If need be, he said that the Town would share in the cost of insurance and travel. He said that Greenport Rotary, Mattituck Lions Club and a lot of the community groups are supportive of it. Councilman Wickham stated that he really doesn't think it needs to take funds from the Town. Airfare between London and New York is so cheap, you could ask the families of the students to contribute. He also recommends that the students be asked to work, even if for a very short period of time because it would make it a more meaningful experience for them and give them a better understanding of this country. Councilman Moore questioned the length of stay for the students. Supervisor Horton replied two weeks. Councilman Moore asked why so short. Councilman Wickham also thought this was too short of a period of time because they would also want to visit Niagara Falls, Washington, D.C. and New York City. The Town Board didn't think that housing would be a problem, a lot of families would gladly and willingly volunteer to take in Southwold exchange students. They recommended full support of the proposal and designated Supervisor Horton to interact with the schools. IV. 2. Town Board Meeting at Southold High School. Supervisor Horton advised the Board that he recently attended a NJROTC function and spoke to them about town government. As a result the students have asked that the Town Board have a on site public portion of the Town Board meeting held inside the high schools. It would be a positive experience and good lesson in government and civics for them, as well as a great experience for the Town Board to sit in the high school auditorium and conduct business. Supervisor Horton said that Chris Gallagher of Southold High School is faxing over some dates, but he wanted to get the Town Board's feelings on it. Councilman Moore informed that Riverhead school did it twice last year. The Town Board was very supportive of the idea. Southold High School will be set up before the end of the school year and the other schools in the fall semester. IV. 3. Affordable home revolving loan fund legislation (revisit). Assemblyman Thiele's home rule request proposal A.10031. The Town Board declined to endorse this bill at this time as the code committee is currently exploring the subject of accessory apartments as a means to provide affordable housing. Supervisor Horton asked the Town Board to keep in mind that an Affordable Housing Committee will need to be formed. Councilman Romanelli that no one wants to open up accessory apartments to all zoning districts. He is thinking of possibly allowing some two family homes in the HB Hamlet Business and RO Residential Office zoning districts. Councilman Wickham advised that the Blue Ribbon Commission had a strong discussion about limiting the potential population of the Town of Southold. He explained that it is not just a farming issue, but a total population issue of the number of dwelling units that should be allowed. The implication of how it is going to impact other planning initiatives in the Town of Southold. The build-out of the town and how it is going to look are to be considered. Councilman Richter stated that geographics is the key here. It should not be approved on a piece meal basis, but as part of a big picture. Supervisor Horton asked Councilman Wickham to work with the code committee. Justice Evans asked how restrictions could be put on it to ensure that these affordable apartments remain affordable. This will be one of the charges to the Affordable Housing Committee that will be formed, the ability to keep affordable housing affordable. Supervisor Horton said that he has had 3/26/02 3 many calls from people who would like to put an apartment in their home. The possibility of a $20,000. to $25,000. grant to a homeowner to renovate his home with an apartment is being looked into, with a stipulation that for a period of x amount of years it be kept at an affordable rent. Councilman Wickham promised to give thought to the formation of an affordable housing committee. Councilman Romanelli asked the Town Board to give consideration to For Discussion Items IV. 4. & 5 setting a public hearing for a code change in the AHD Affordable Housing District and setting a date for a public hearing on Mattituck Housing LLC, George Weiser property SCTM# 1000-122-2-23.1 This zone change application is predicated upon a code change. These two item numbers IV. 4 & 5 were not placed on the agenda for resolutions at this time. Councilman Romanelli stated that for the record George Wieser has two grants on this project: one from Suffolk County and one from the New York State Affordable Housing Corporation. He also advised that the newspaper erroneously reported $250,000. as the Affordable Housing figure. The correct amount is $168,000. 10:25 The Town Board recessed for a short break. 10:42 a.m. The Town Board reviewed V. Resolutions. Supervisor Horton asked the Town Board for permission to effect what ever changes need to be made in the future with regard to personnel changes and re-assigning employees. Resolution no. 210 accepting the resignation of Kathleen Goggins from her position as clerk-typist in the Assessors Office will necessitate possible reassigning of personnel. This matter will be further discussed in executive session. Resolution no. 14 authorizing Cornell Cooperative Extension Marine Program to place a dock at the end of Mill Road, Mattituck. James McMahon, Executive Administrator explained that they are looking for another site to grow shellfish. Mr. McMahon had read about the possibility of growing shellfish inside a floating dock, whereby at some point in time making it possible have a dual use of a town dock at the same time it is being used to grow shellfish. Cornell has a grant to do it, so there will be no cost to the town. The Town Board also asked Mr. McMahon for an update on the Goldsmith's Inlet situation. Mr. McMahon explained that the inlet was opened up to allow it to flow and then it was closed up. After last week-end's storm it broke through again by nature itself. Mr. McMahon talked to Terry Latham and the Suffolk County Dept of Public Works. There is a big slug of sand on the east and west side of the jetty. Engineer Jamie Richter was talking to someone at Peconic Landing about a piece of special equipment that they have that might be able to be used in this instance. The Town Board asked Planner Mark Terry to come in to explain Resolution No. 's 225 & 226 on Summit Estates subdivision at East Marion. This is a major subdivision on Shipyard Lane, East Marion. Mr. Terry explained that the bond for section 1 in the amount of $96,000. lapsed, however, some work has been completed. Therefore, resolution no. 225 is for a reduced subdivision bond in the amount of $88,920. Sections 1, 2 & 3 were granted conditional approval in 1997. Final approval was granted to Sec. 1. on 10/4/93; and Sec. 4 on 10/2/00. However, the conditional approval for Sec. s 2 & 3 expired because the applicant Gusmar Realty Corp. had not fulfilled their conditions within the required time frame. The Planning Board granted permission on 2/7/02 to combine the bonds, however, such a bond could not be obtained through an insurance company as such. Therefore, it is necessary to adopt these resolutions as presented. On motion by Councilman John Romanelli, seconded by Councilman Craig Richter, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 11:11 a.m. for the purpose of discussing personnel, particular persons; and contracts regarding the landfill with James Bunchuck, Solid Waste Coordinator. 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 Justice Louisa Evans, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 12:25 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 Resolution numbers 223 & 224 were placed on the agenda as a result of this executive session. Councilman Craig Richter spoke about Earth Day to take place on April 20, 2002 in the Town of Southold. He asked about the Town refraining from charging on all of the materials picked up. The Highway Department will be doing the pick-ups. They will have one truck running east and one west. Councilman Richter asked Solid Waste Coordinator James Bunchuck to keep track of the weight of all of the material picked up. A resolution waiving the charges for pick-up is not necessary because Town Highway trucks will be doing the pick-up. 3/26/02 4 The Town Board was also apprised of the SEEDS (Sustainable East End Development Strategies Initiative) "East End Vision Forum" being held on April 4, 2002 from 6:30 - 10:00 p.m. at the Southold High School Auditorium. Representatives from the Highway, Police, Zoning Board of Appeals, and Planning Board were asked to be present at this meeting. An announcement of this important meeting will also take place at the 4:30 p.m. regular meeting of the Town Board today. Supervisor Horton announced the funeral arrangements for Marilyn B. Quintana, Receiver of Taxes who died yesterday on March 25. This Town Board will adopt a resolution formally expressing their loss in her death at the close of the regular meeting. This work session ended at 12:39 p.m. 3/26/02 5 GENERAL MEETING MARCH 26, 2002 4:30 P.M. A Regular Meeting of the Southold Town Board was held on March 26, 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: Please remain standing. Southold Town experienced a great loss this week of an elected official, and a long time public servant, a long time mother and grandmother, and a friend to a lot of people in this community, so I ask you, please, join with me in a moment of silence for Marilyn "Boosie" Quintana. Thank you. I would like to read a proclamation. If you notice on your agendas it is the last resolution, but I would like to start the meeting off in memory of Boosie. I know a number of people on the Board have known her for quite some time, and I have known her personally for a better part of my life, and I can assure you that Boosie was quite a character. I would like to read this resolution. I know that when we leave here tonight we will do so in adjourning this meeting in honor of"Boosie", and forward with her in our minds and our hearts. Moved by Supervisor Horton, seconded by the Entire Town Board, WHEREAS this Board has learned with deep sorrow of the death of MARILYN QUINTANA, Receiver of Taxes for the Town of Southold; and WHEREAS in her service to the people of Southold Town as Tax Receiver since January 1, 1997, and Clerk in the Office of the Tax Receiver from November 17, 1987 to December 31, 1996, MARILYN distinguished herself as a dedicated and conscientious public servant; and WHEREAS the Town of Southold is very grateful to the family of MARILYN QUINTANA for sharing her with the Town for those many years during which she gave of her time, talents, and energy; now, therefore, be it RESOLVED that the Town Board wishes to give formal expression of its loss in the death of MARILYN QUINTANA, and when the Town Board adjourns this day, it does so out of respect to her memory; and be it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be transmitted to the family of MARILYN QUINTANA, that we may extend to them our sincere sympathy. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. SUPERVISOR HORTON: "Boosie" will be missed by everybody in Town government. My heart and their hearts go out to Artie, and the rest of her family. God bless Boosie. Continue on. A motion for approval of the audit of bills of March 26, 2002. 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 $153,804.03; General Fund Part Town bills in the amount of $8,144.22; Highway Fund Part Town bills in the amount of $2,852.19; Landfill Cap & Closure bills in the amount of $45,976.12; Community Preservation Fund (2% tax) bills in the amount of $1,951.67; New London Terminal Project bills in the amount of $8,692.97; Compost Land Acquisition bills in the amount of $2,580.05; Fishers Island Ferry District bills in the amount of $25,790.89; Refuse & Garbage District bills in the amount of $42,889.60; Southold Wastewater District bills in the amount of $61.68; Fishers Island Sewer District bills in the amount of $636.93; Southold Agency & Trust bills in the amount of $8,173.76; Fishers Island Ferry District Agency & Trust bills in the amount of $68.61. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. 3/26/02 6 This resolution was declared 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, April 9, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly adopted. I. REPORTS. SUPERVISOR HORTON: We have various Reports and Public Notices all of which are available at the Town Clerk's Office or my office. 1. Southold Town Trustees Monthly Report for February 2002. 2. Southold Town Police Department Year End Statistics for 2000/2001. 3. Southold Town Budget Report for month ending November 2001. 4. Southold Town Budget Report for month ending December 2001. 5. Southold Town Budget Report for month ending January 2002. 6. Southold Town Budget Report for month ending February 2002. 7. Island Group Administration, Claim Lag Report through February 2002. 8. Juvenile Aid Bureau Monthly Report for February 2002. II. PUBLIC NOTICES. 1. Southold Town Highway Department Notice of Spring Leaf and Brush Cleanup. III. COMMUNICATIONS. None. SUPERVISOR HORTON: We have no communications other than I would like to pass on to the public the information that I do have for Boosie's services. It will be held at S.B. Horton Funeral Home, 735 First Street, Greenport, on Wednesday the 27th, tomorrow from two to four P.M., seven to nine P.M. will be the visiting hours. The funeral service will be at the funeral home Thursday the 28th at 2:00 P.M., burial following, East Marion Cemetery. IV. PUBLIC HEARINGS. 1. 5:00 P.M., on the changing the Zoning District Designation of SCTM #1000-035-01-004, MaTine, Inc. from Low Density Residential to Affordable Housing District Designation. 2. 5:05 P.M., on proposal to amend the Community Development Year 2001 Program Budget. 3. 5:07 P.M., on a proposed "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. V. RESOLUTIONS. SUPERVISOR HORTON: In regard to the Town Board meeting if there are items on the printed agenda that members of the community wish to address may do so prior to the reading of the written resolutions. When you do so I ask that you step to either side of the room to the microphone at the podium, state your name and where you are from before addressing the Board for a matter of our own record. If there are matters you would like to address the Town Board on that are not on the printed agenda there is a portion reserved at the end of the meeting after the reading of the resolutions that will enable you to do so. Still on that same protocol just call for it at that point. We have three public hearings today. One is at 5:00, the next is at 5:05, and the one following that is at 5:07. The one at 5:00 when it commences if it runs past 5:05 we will continue on with the following public hearings. We won't start them early, but we may start them late. So, the first public hearing will commence at 5:00 O'clock. At this point I would like to offer the floor to any members of the community that have questions regarding the printed agenda. Mr. Carlin? FRANK CARL1N: Good evening, Frank Carlin, Laurel. Number 227, what is that actually saying there, reduction of the amount of the letter of credit? What is that saying there? COUNCILMAN ROMANELLI: Some of the work has been completed on the Laurel Links project. On any big project throughout the town the developer of the project has to post a bond or put a letter of credit out there to verify that they completed the job up to the engineering specs. So, some of the work has been completed, so the amount of the bond or the credit can be reduced because the project has been forwarded. There is probably a payment schedule attached. 3/26/02 7 SUPERVISOR HORTON: Are there any other folks who would like to address the Board in regards to the printed agenda? (No response.) We will move to the resolutions. #2O6 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Principal Building Inspector Michael Verity, Building Inspector Bruno Semon, and Fire Inspector Robert Fisher to attend the Transitional Training Program from April 16-18, 2002 at SUNY Farmingdale, and BE IT FURTHER RESOLVED that Building Inspectors Gary Fish and John Boufis are granted permission to attend the same Training Program on May 14-16, 2002 at the Medford Fire Department. This program is the second portion of the Transitional Training Program and will complete the re- certification process for the new code. Registration fee and travel expenses to be a legal charge to the Building Department 2002 budget Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED.. #2O7 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and the North Fork Housing Alliance, as part of the 2002 Community Development Block Grant Program, subject to the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #2O8 Moved by Councilman Wickham, 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, be it therefore RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 9, 2002, at 8:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by Maureen Cullinane. Said property is 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 development rights easement comprises approximately 29.55 acres of the 34.55 acre farm. 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 29.55 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, and be it. FURTHER RESOLVED is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #2O9 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Andrea D'Angelo d/b/a One Fine Day on behalf of Jess Uterano for the use of the New Suffolk Beach Parking Lot on Saturday, June 1, 2002 after 4:00 p.m. for the parking of approximately 50 cars of guests for a wedding, provided they file with the Town Clerk a One Million Dollar Certificate of 3/26/02 8 Liability Insurance naming the Town of Southold as an additional insured, and contact Lieutenant Martin Flatley ten (10) days prior to the event to coordinate details. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED.. #210 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Kathleen Goggins from her position of Clerk-Typist in the Southold Town Assessors Office, effective April 1, 2002. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED.. #211 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Nina Schmid to the position of Assistant Manager~ Fishers Island Ferry District, effective February 28, 2002 at a salary of $18.00 per hour, increased to $20.00 per hour effective September 1, 2002 Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED.. #212 Moved by Councilman Romanelli, seconded by Councilman Richter, 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.3089.80 Appropriations: A. 8830.4.400.200 Misc. State Aide Department of State Grant $28,101.74 Shellfish, Contractual Expense Contracted Services Eelgrass Culture Facility $28, Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. 101.74 Richter, Councilman #213 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED the Town Board of the Town of Southold hereby modifies the Southold Town 2002 Whole Town Budget as follows: Revenues Misc. State Aid Office for the Aqin,q $1,000. A.3089.45 Appropriations A.6772.4.600.500 Programs for Aqin,q Mattituck Seniors Holiday Party Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. $1,000. Richter, Councilman #214 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Cornell Cooperative Extension Marine Program to place an 8' X 16' floating dock at the Town of Southold property at the end of Mill Road~ Mattituck, as part of the Town of Southold's Shellfish Program. SUPERVISOR HORTON: This is an interesting project that Cornell has put forward and worked on with Jim McMahon. This floating dock actually will serve as a hatchery, more or less for our shellfish project, and that will be the main function of that dock, and Cornell in cooperation with the Town is funding that project, so I guess we will have more room for SPATS, if you will. 3/26/02 9 Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. Richter, Councilman #215 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED the Town Board of the Town of Southold hereby amends resolution No. 02 of 2002 adopted at the Town Board Organizational meeting to read as follows: SUPERVISOR'S APPOINTMENT Supervisor Joshua Y. Horton hereby appoints Joanne Ligouri as Confidential Secretary to the Supervisor, effective February 4~ 2002 through December 31, 2003. COUNCILMAN ROMANELLI: ! think it was just a discrepancy in the dates in the original resolution. SUPERVISOR HORTON: Poor Joanne when she saw her name on the agenda she didn't know what she was in for. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED.. Richter, Councilman #216 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Ed's Repair Service of Orient, NY in the amount of $1,113.00 for the purchase of the two (2) surplus used pony motors from the Solid Waste District. SUPERVISOR HORTON: Ed Wysocki from Orient will make good use of those Pony motors ! am sure. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED.. Richter, Councilman #217 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 Diane Ravitch from her position on the Landmark Preservation Committee effective immediately, and be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the position of Landmark Preservation Committee member. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #218 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Citizens Program Director Karen McLaughlin and Clerk Terry VanEttem to attend the Food Managers Certificate Program on April 9- 11 from 1:00 p.m. to 4:30 p.m. at the Suffolk County Health Department. The training is at no cost and travel to be by Town vehicle. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #219 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thames Shipyard & Repair Co. in the amount of $1C350.00~ for the dry-docking and repair of the MV RACE POINT for the Fishers Island Ferry District. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. 3/26/02 10 #22O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and the NYSDOT for the Brushes Creek Replacement Project and all related documents for this project, subject to the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #221 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends Resolutions No.120 {adopted February 26~ 2002 and 167 {adopted March 12~ 2002) to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Detention Attendants (on-call basis/as needed) for the Southold Town Police Department, effective February 27, 2002, at the current salary of $11.97 per hour: Jennis Conroy Barbara Taylor RESOLVED that the Town Board of the Town of Southold hereby appoints Beatrice L. Normoyle to the position of Detention Attendant (on-call basis/as needed) for the Southold Town Police Department, effective March 13,2002, at the current salary of $11.97 per hour. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #222 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign Extension Agreement{s) between the Town of Southold and the NYSDOS for several Town grant projects funded by NYSDOS, subject to the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #223 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a change in title for Corinne Bednoski from "Laborer" to "Wastewater Treatment Plant Helper" effective March 27~ 2002. These are both labor class titles and there is no change in her current salary. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #224 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby reassigns Laborer John Addamo from the Wastewater Disposal District to the Department of Public Works' Buildin~ & Grounds division effective March 27, 2002. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #225 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby approves the revised bond estimate for Phase I of the Maior Subdivision Summit Estates located on Shipyard Lane in East Marion in the amount of $87,160.00 as determined by the Town Engineer and accepted by the Town of Southold Planning Board. BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby accepts the Rider for the Subdivision Bond No. B93-000461 in the amount of $88~920.00 from the Ulico Casualty Company for the completion of roads and improvements in the major subdivision of Summit Estates Phase I located on Shipyard Lane in East Marion as approved by the Town of Southold Planning Board, the Engineer Inspector, James Richter, and the Town Attorney. The Bond Rider is due to expire on December 07, 2002. 3/26/02 11 Vote of the Town Board: Ayes: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. Richter, Councilman #226 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the bond estimate for Phase II, Sections 2 & 3 of the Maior Subdivision Summit Estates located on Shipyard Lane in East Marion in the amount of $200,442.50 as determined by the Town Engineer and accepted by the Town of Southold Planning Board. BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby accepts the Subdivision Bond No. UB0268279 in the amount of $200,442.50 from the Universal Bonding Insurance Company for the completion of roads and improvements in the major subdivision of Summit Estates Phase II, Sections 2 & 3 located on Shipyard Lane in East Marion as approved by the Town of Southold Planning Department, the Engineer Inspector, James Richter, and the Town Attorney. The Bond has no expiration date. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #227 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby approves a reduction in the amount of the letter of credit no. 100214 drawn by the Bank of Smithtown on November 6, 2001, for improvements to the Laurel Links, Ltd. maior subdivision located at Main Road Route 25, Mattituck, N.Y. described as SCTM # 1000-125-3-13, 15, 17; SCTM# 1000-125-4-21, 24.1; and SCTM # 1000-126-7-1, from $926,730.00 to $522,825.00, as recommended by the Southold Town Planning Board, Superintendent of Highways, and the Town Engineer, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #228 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby releases the letter of credit no. 170000306 drawn on the Bridgehampton National Bank in the amount of $50,000. issued on October 13, 2000 for the purpose of guaranteeing the clearing, grading and replacement of excavated materials relating to the construction of the Laurel Links Golf Course, as recommended by the Southold Town Planning Board, Superintendent of Highways, and Town Engineer, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #229 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Board of Ethics report of Chairman Ploth and member Powers concerning the conflict of interest question involving William Moore and the professional activities of his spouse Patricia Moore SUPERVISOR HORTON: I feel that I have to make a statement in regard to this, and my opposition to this report. I feel very strongly that the decision of Ethics Board Chairman Poth and member Eileen Powers on the moral conflict is an admonition. If it is a conflict for a Councilperson to appear before Town government for personal financial gain then it is also a conflict for his or her spouse to do so. There personal and financial interests are immersed by virtue of marriage. The facts articulated in this decision clearly demonstrate a serious conflict of interest. Incredible enough the Ethics Board finds that there is no conflict. I do not accept this report, and I will vote, no, on this motion. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Romanelli, Justice Evans. Abstain: Councilman Moore. No: Supervisor Horton. This resolution was declared duly ADOPTED. Councilman #23O Moved by Councilman Wickham, seconded by Justice Evans, it was 3/26/02 12 RESOLVED that the Town Board of the Town of Southold hereby accepts the report of the Southold Town Board of Ethics on the question of the conflict of interest involved in an individual sitting on the Board of Assessment Review who is currently doing appraisals in the town Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. COUNCILMAN RICHTER: Mr. Supervisor, may I say a few words? SUPERVISOR HORTON: Please, Craig. By all means. COUNCILMAN RICHTER: We have a few minutes to kill here, right? April 20th will be Earth Day this year. We have a Townwide cleanup. It is going to start at 8:00 A.M. and go until 12:00. I am putting this together with Superintendent of Highways Pete Harris, so we looking for any youth groups, Girl Scouts, Boy Scouts. We have quite a few of those lined up already. Church groups, interested senior's groups, or any groups whatsoever. Litter happens to be a pet peeve of mine, and I would like to see the town get cleaned up prior to all the foliage coming out. I see it is coming out already, but it would be nice. It is a Saturday morning. We are going to go for four hours from eight to twelve, and it would be nice to go from the whole town, and just take that four hour period and get a couple of hundred people involved, and maybe we can clean the town up. Thank you. SUPERVISOR HORTON: In regard to preservation, and what the Blue Ribbon Commission has been up to, I took a sojourn, if you will, down to Washington, DC, with Supervisor Kozakiewicz in Riverhead, and Supervisor "Skip" Heaney from Southampton Town. I was sent by Joe Gregela the Chief Executive Officer of the Long Island Farm Bureau. What we accomplished, and what we aimed, and what I feel we accomplished was effective lobbying of our Federal delegation on both the House and the Senate side in DC. We met personally with Senator Clinton, Senator Schumer, Congressman Combach, Congressmen Felix Grucci, Congressman Israel, Congresswoman McCarthy, and we voiced clearly and very strongly, and articulately that in fact now is the time, particularly with the efforts of local municipalities and taxpayers of these various towns and counties have taken the efforts of preservation of agricultural lands on their own backs, and out of their own pocketbooks, and it was time. Since the local governments are making this investment in agriculture it was time for the Federal government to step up to the plate, and do the same. The House side delegated $500,000,000 in their Federal Farm Bill, and the Senate had put in 1.2 billion dollars in their Federal Farm Bill for preservation. We are expected to meet somewhere in the middle. A number of community members from Southold Town, and Riverhead Town, and Southampton Town accompanied us down there for a press conference. I have to say that all of our Federal delegates were very receptive, and applauded the efforts of you who are paying for these preservation efforts, and are working very hard in Washington, DC, to effect the preservation of agricultural lands, when put in light of we are not looking for a subsidy or a handout. We are looking for an investment partner. Their ears perked up. They sat on the edges of their seats, and they were a bit more receptive. Investments seems to speak a little more their language than subsidies. I have great hopes that even in the current economic turmoil, and budgetary constraints the Federal government is facing right now. I think we accomplished a good deal down there. My thanks goes out to the Town Board for allowing me to go, and my thanks also go out to Joe Gergela, Long Island Farm Bureau, and our local delegation for taking such an active interest in the preservation of agriculture. It is five o'clock. We will at this time open up the public hearing. Moved by Supervisor Horton, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M. for the purpose of holding three (3) public hearings (1.) on the matter of changing the zoning district designation of SCTM#1000-035-01-004~ MaTine~ Inc, from low density residential (R-40) to affordable housing district (AHD) designatiom (2.) Amendment to the Community Development Year 2001 Program. (3.) Local Law in relation to Parking Offenses and Penalities~ Chapter 92~ Articles IV~ VI~ and VII~ Vehicles and Traffic~ of the Code of the Town of Southold. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. Meeting reconvened at 6:15 P.M. #231 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was 3/26/02 13 RESOLVED that the Town Board of the Town of Southold hereby amends the Community Development Year 2001 Program Budget as follows: Proiect Current Budget Proposed Budget Cutchogue Water Main Extension $37,500 -0- Tasker Park Improvements -0- $37,500 And Be It Further RESOLVED that the Town Board authorizes and directs Supervisor Joshua Y. Horton to sign all related documents for this proposed budget amendment. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. #232 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 12TM day of March, 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", and WHEREAS the Town Board of the Town of Southold held a public hearing at 5:07 p.m. March 26, 2002 on the aforesaid Local Law at which time all interested persons were heard. NOW THEREFORE BE IT RESOLVED that the Town Board enacts "A Local Law in relation to Parkinq Offenses and Penalties, Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold" which includes the followinq: LOCAL LAW NO. 2 OF 2002 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. (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 V4, VII Penalties §92-60 61. Penalties for offenses. A. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Section (B) below, shall, for a first conviction 3/26/02 14 thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine or not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. B. 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 $25 as set forth below and shall answer ~ on or before ..~...~ '~'~o'~-".'~'~a~o:~"~*~a .~.~.."~* .... ~.~*~ 30 days_ after the issuance of .... ~c~ +~ a~;~.~+~a ~+ .... ~ answer the summons. Persons failing to ~ ................... s ............. before the expiration of 30 days a~er issuance of the summons shall be subject to the .......... ~ ........ ~o penalties set fo~h in the Penalty Schedule below, in addition to the prescribed fines: 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 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 92-41 92-42 92-42. B 92-42. C 92-42-1 92-43 92-43.1 92-45 92-46 92-47 Parking Prohibited at All Times $35.00 $70.00 Parking Prohibited Certain Hours $35.00 $70.00 Between 10:00 PM and 6:00 AM $35.00 $70.00 Night Fishing Permit $50.00 $100.00 Parking Prohibited Certain Months $35.00 $70.00 Parking Limited Time $35.00 $70.00 Parking Public Lots $35.00 $70.00 Fire Lanes $75.00 $150.00 Parking or Standing Prohibited Certain Times $35.00 $70.00 Fire Wells $75.00 $150.00 $105.00 $105.00 $105.00 $150.00 $105.00 $105.00 $105.00 $225.00 $105.00 $225.00 $125.00 $125.00 $125.00 $170.00 $125.00 $125.00 $125.00 $245.00 $125.00 $245.00 3/26/02 15 92-48 Handicapped Parking Only 62- Parking a Vehicle in Other than 3.A.6 Designated Area 65-2.A Parking by Southold Town Permit Only 65-3 Resident Parking Permit 92- No Stopping Zone 49.A. 92-49-1 Fire Hydrant 92-49-7 Overtime Parking 92- Fire Zone 49.B. 92- Loading Zone 49.D. 92- Bus Stop 49.C. 92-49-2 Double Parked 92-49-3 On Sidewalk 92-49-4 Exp. Registration 92-49-4 Expired Inspection 92-49-5 Wrong Side to Curb 92-49-6 Obstructed Driveway * Includes NYS mandatory Surcharge of $35.00 Estab $110.00' $185.00 $260.00 $280.00 or $50.00 $100.00 $150.00 $170.00 $50.00 $100.00 $150.00 $170.00 $50.00 $100.00 $150.00 $170.00 $35.00 $70.00 $105.00 $125.00 $75.00 $150.00 $225.00 $245.00 $35.00 $70.00 $105.00 $125.00 $75.00 $150.00 $225.00 $245.00 $35.00 $70.00 $105.00 $125.00 $35.00 $70.00 $105.00 $125.00 $35.00 $70.00 $105.00 $125.00 $35.00 $70.00 $105.00 $125.00 $35.00 $70.00 $105.00 $125.00 $50.00 over $100.00 $150.00 $170.00 60 day $35.00 $70.00 $105.00 $125.00 $50.00 over $100.00 $150.00 $170.00 60 day $35.00 $70.00 $105.00 $125.00 $35.00 $70.00 $105.00 $125.00 ARTICLE '~[TT VI 92-64- 60. Restricted truck 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. B. 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 Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared duly ADOPTED. SUPERVISOR HORTON: ! realize that this has been an extremely long meeting, and ! appreciate you all coming, sitting through it, and ! sincerely appreciate the comments from the community in regard to a number of things. There are a couple of things while the meeting is still in session, and we are still present ! would like to address. ! have a few words to say. This is to the members of the Town Board. Ladies and Gentlemen, ! firmly believe it is important that the people's business, not be concealed behind closed doors, but addressed before those we are accountable to. That is you. Three months have passed, and vital elements of my program for Southold have been obstructed by the actions of certain Board members. We can say that we have differences in philosophy. We can say that there have been negotiations. ! feel very strongly that those negotiations have been in vain. ! was elected to cut your taxes, preserve farmland, promote accessory apartments, eliminate corruption, and bossism in Town government. Councilman Richter, you have stated publicly that you would support a compromise, so ! ask you, how about it? COUNCILMAN RICHTER: ! think a compromise is definitely in order, Supervisor Horton. ! think that is something we should work towards. ! would be willing to meet with you at any time to see if we can get the best qualified candidate, which ! think we have, but ! am willing to talk to you, sit down, so this town can move forward, continue moving forward as it has in the past, and do the Town's business as we should be doing. Thank you. SUPERVISOR HORTON: Thank you, and ! appreciate hearing that. In regard to, you did just mention that you have, you think may have somebody in mind. 3/26/02 16 COUNCILMAN RICHTER: I think we should sit down and discuss it first. SUPERVISOR HORTON: I look forward to that. How much time do you need? COUNCILMAN RICHTER: Well, as ! have heard quite recently, how about calling my office tomorrow, and ! will check my schedule. ! will tell you what ! will do. ! will call your office, and give you my open times. SUPERVISOR HORTON: ! would like that, and to all Town Board members one thing ! would ask. ! would ask that you come to Town Hall a little more often. Our people in Town Hall feel they don't see you enough. They enjoy the interaction to the various Board members, and any time there is interaction on behalf of Town employees with the Board members it is a positive experience, so ! ask that you come by more. COUNCILMAN RICHTER: Just as a point of information, ! was here yesterday, ! was here Friday. SUPERVISOR HORTON: ! appreciate that, and ! would like to say to my Board members that my phone is not off the hook, my door is open, and if! am not here at 8:00 o'clock, ! am here at 8:05. The line of communication has to be open between us. ! believe that firmly, and Craig, you did say in a public letter that you would support compromise, and ! support that as well. If we can reach a conclusion by the end of the week. ! would even support a special meeting just to get this matter of Town Attorney accomplished, keeping that in mind to all Board members. ! believe at this point the only thing ! would like to say to the people of Southold Town that it is time for this Town Board to come together, and honor the will of the people of Southold Town. Thank you. There is a portion of the meeting reserved at the end for the public to address the Town Board on issues that were not on the printed agenda. Would anybody care to do so at this point? PETER BELL, Cutchogue: ! am also representing Carl Vail and Tim Wacker, because they are working, and because ! am retired ! have been delegated to ask some questions of the Board. Primarily, has there been any movement in our petition to protect East Creek from further development, and in the sense to try and buy the land that is there because we have been faced now with the third attempt of the developer to build a monstrosity. The buffer means nothing to them. Neither does the setback. Next to this proposed house is another lot, which has a 43-foot setback. The latest proposal is for 19-foot setback on this house. He also wants to go 20 feet from the buffer, which according to the Town is supposed to be 50-feet. What we are asking for in a sense is that the Town Board sort of give the Trustees some kind of an anchor to say that 50 foot should be codified, and a certain setback should be codified, so that it is a law, and that it will be difficult for the Trustees to make any kind of variances, because by giving the variances you are allowing this development, this house, to become 100 feet long. You can't go this way, and he still can't go this way, because of what he is trying to do on this development. So we have got 200 more names on petitions ! would like to give to the Board. We are keeping up, but ! just want to ask that question again. Has any movement happened since the last month? COUNCILMAN WICKHAM: On this petition, ! have discussed it informally with members of the Land Preservation Committee, and the Land Preservation officer of the town, and the sense that ! got from those people is that it would be very difficult to recommend an acquisition of a sensitive piece of property like that despite the fact that so many people in the neighborhood would very much like to see it maintained and preserved. It would be difficult to justify the individual selection of small parcels throughout the town. If we got started doing that there is really no end to the number of sensitive parcels that communities throughout the town would like to do. The committee wondered whether it would be possible to get an affected group of neighbors who themselves could come up with the resources to buy it, or to at least find a way to create a spending district, and tax themselves to buy it. If there was a way the communities themselves could do it, because this isn't the only one, there will be others in the town. That was the sense ! got from the committee that has responsibility for acquisition of open space. PETER BELL: ! respectfully disagree with your proposal, because farmland is important, and so is a creek, so is a waterway very important because the water touches hundreds of people on that creek. So, there are special occasions, you know, special things like this creek is being fed by fresh water streams. As ! said ! don't want to go into the various good reasons why this should be bought, but the Town has money to buy these things, and these are the kinds of things ! don't see anything wrong with the Town buying, that affect people right in their community, that are sensitive, and that are worthwhile protecting wildlife and boating, and things like that. ! think that is what the money was for, and the headline in The Suffolk Times, when they discussed the petition drive said, every little bit counts, and every little bit counts adds up to a large piece of property, a large part of the 3/26/02 17 Town of Southold, so why should sensitive areas that are very important be put on the side in favor of some farm that may come up in the future. We are not against farming. We are farming. We are for this area. ! mean the creek is a farm also. It is farm for fish, for birds, and everything else. So, ! don't know if that is the final word. COUNCILMAN WICKHAM: It is not the final word, and it isn't an issue of open space versus farmland. It is a question of within open space is it going to be a very small area that benefits a local community, or is it going to have some broader significance to the town as a whole? PETER BELL: There you go. The land is on a creek, and the creek effects hundreds of homes that are built on the creek. COUNCILMAN WICKHAM: How big is the parcel? PETER BELL: It is an acre and a seventh, yet it is so sensitive. You know it is the headlands of the creek. COUNCILMAN WICKHAM: All right. We will ask the committee to take another look at it. PETER BELL: We are going to keep going on the petition drive. We are going to try to keep everybody aware of it. We are trying to get the sentiment of the community. ! think we succeeded, but we are going to keep on going. Thanks. SUPERVISOR HORTON: Actually, Tim, ! am going to let Joan speak, then we will get to you. JOAN EGAN: A very important issue, Mr. Horton, and the Board, was a meeting ! attended on the trees, and Building Department, when Mr. Romanelli was on. He didn't give me two minutes. If you had kept quiet ! would have finished in two minutes. It is a very important thing with the Building Department and the trees. When these excavations are done for new, old or renovated, big sand piles, when that dries out a child can get into it, and drown on it. The safety things, what do you call them, Josh? Those orange round things, when a building is being done? You know what am talking about, don't you? What is it called? Does anybody know? JUSTICE EVANS: Storm fence. JOAN EGAN: The Building Department should go around quite frequently, and see that, that it is done. ! lived in Forest Hills, Atlantic Beach, and ! saw a child almost drown there. The way this wind that we have, and sand, and Mr. Romanelli never, never, do to me again what you did the other day. That was rude, and a letter is going to the Ethics Committee in that regard, and ! will accept, maybe, a letter back to me of apology. In addition, Mr. Moore, you have done nothing for me that ! have asked you to do for over a year and a half, and if ! get sick, and ! die from the fumes from the house next door to me ! will sue you also. Good night and have a good one. TIM WACKER: ! am Tim Wacker of 595 Track Avenue in Cutchogue. Pete spoke well, and ! don't have much more to add except ! would like to address Mr. Wickham's remarks. You say that the Town Committees are responsible for advising the Board on the direction to take with the acquisition of open space through the funds that you have available has said keep away from small parcels, poorly phrased, not to focus on small parcels, but that presumably means to focus on larger parcels, is that right? COUNCILMAN WICKHAM: ! am not sure if ! can properly characterize how the committee feels. There are members of the committee here. Would one of them like to address it? SUPERVISOR HORTON: Tim, if you have input for the Land Preservation Committee by all means ! think you should go to a meeting of theirs. ! think they can answer that question. ! would expect them to answer that question for you, as well as ! think that question of yours should be answered, but we can't speak on behalf of that committee in regard to what their feelings are. TIM WACKER: That is a fine point. If ! may continue, the Board itself here is responsible for making policy decisions in some regards here. ! have asked some of the Councilmen here to take the opportunity to go look at this parcel and ! just want to urge them to do so. And also to consider that this is not the only parcel that is facing this type of pressure. With all the talk of affordable housing and how ridiculous the land prices are getting. There are so many substandard lots around, lots that you would not even want to see a house on. ! spoke to the owners today and they want the money and quite frankly, ! cannot blame them. There's a lot of money tied up in this. It's this piece and another piece down Nassau Point, and a piece in Mattituck and they are so small. ! will attend 3/26/02 18 the meeting of the Conservation Advisory Committee and the Land Preservation Committee, you are absolutely right. ! should be getting more interested in this. These small parcels are going to go through the roof, they are worth a lot of money. ! think some way should be found to protect these environmentally sensitive properties. BILL EDWARDS, Mattituck: For the record, ! am the only person here from that committee. The committee can only respond to applications that they receive from property owners. This Board does not have the power to go out and make them offer their property. COUNCILMAN MOORE: That's correct the committee does not operation or function like that. One of the things that this Town Board did do to help out in this respect was to contract with the Peconic Land Trust who does go out and seek these parcels out. FRANK CARL1N, Laurel: ! have a question, the $510,000. for the animal shelter, where is it? Mr. Supervisor ! have been calling your office since Monday trying to make an appointment for a meeting with you, and you know what they tell me? Friday! But, ! will say Mr. young Supervisor that trying to make an appointment with you is like trying to make an appointment with a doctor. It's a very important meeting, any how ! have something that ! am working on, on this issue and ! think you are going to like it.. EDWARD BAGE, Southold: ! am here in regard to the illegal junkyard down in Laughing Waters. ! wish any of you gentlemen who have not seen this junkyard, ! wish you would take a ride and look at it. If there is one spot in this town that should be cleaned up and eradicated, this is it. How this could have been allowed to go on for this number of years is a question ! would like an answer to. ! would just like you to go down and look at it. ! filed a complaint with the Town Attorney who has allowed this illegal junkyard to exist over this period of years. ! addressed a letter to the Supervisor too. SUPERVISOR HORTON: Is there anyone else who would like to address the Town Board? PAUL D1NIZIO: Paul Dinizo, 636 Brown Street Greenport. ! would just like to know when the hole east of the information booth on Route 25 in Greenport is going to be filled, before it become a mosquito farm? SUPERVISOR HORTON: ! am glad you addressed that. That park was actually named for my Grandfather, and my family is wondering the same thing. It is not humorous. ! was actually on the phone with Howard Burden yesterday. He parks his truck over there at Joe and Freddie's place. He called and asked the same question. It is a question ! have asked as well, and as ! understand it the reason that was skimmed of the topsoil was because there was arsenic in the soil, and the window for us to utilize our landfill, if ! am correct, was closing, and the DOT and DEC recommended that we skim the top of that, and put their topsoil in our landfill, so we have a sufficient place to get rid of it, to dispose that soil, contaminated soil. The reason the DEC and the DOT are discussing that property is because they have a project. Actually ! believe it is going from Cutchogue all the way to Orient. They will be dealing the roadways there, and ! think that property is targeted by the DOT. It is going to end up being a pond with a little bridge over it, and ! think the idea of it is that it will be a collection sump. There would actually be fish in it, if you would like to catch fish that live in a collection sump. PAUL D1NIZIO: I got my own ideas of what is going to happen with that, but I am not going to debate that with you. ! would just like to see grass planted there. SUPERVISOR HORTON: ! didn't answer you on the time frame. The time frame is a year, eighteen months, is what ! am hearing. JAMES MCMAHON: It is hopefully going to go out, either late this fall or in January, February of 2003 with construction starting immediately thereafter, probably in the Spring of 2003. SUPERVISOR HORTON: So, unfortunately, Paul, we are stuck with that potential. PAUL D1NIZIO: It is it possible where the Town acquired that property next to the dump, it looks like you are mining sand or something there, could bring some of that down there, maybe cap it with some top soil, and plant some grass just maybe for the summer or something, so it looks presentable? SUPERVISOR HORTON: Actually it is a very good idea. ! will talk to Jim about that. 3/26/02 19 COUNCILMAN RICHTER: Jim, I thought that project was on tap for this spring. JIM MCMAHON: It was originally on tap for this spring. It got bumped to the fall, and it is getting bumped to probably the spring of 2003. It all had to do with the 9/11, and funding from the State, and so it really actually depends on what end of Southold Town the DOT starts at. If they start in Cutchogue, it may happen a little later. COUNCILMAN RICHTER: It is ugly. ARTHUR TILLMAN: Arthur Tillman, Mattituck. ! would just like to note to the Board and the public that this year, 2002, is the 70th anniversary of the Southold Polish Democratic Club. Now, this club has generally been rather quiet in recent years, but founded in 1932 it's purpose was to help acclimate newer arrivals, Polish arrivals, into this town, and quite honestly get him involved in politics, and find some jobs, and etc., etc. They were largely successful. A1 Krupski is a member of the Polish Democratic Club. Frank Kujawski was a member of the Polish Democratic Club. What ! would ask the Board to do, if possible, at the next meeting would be a resolution recognizing the contribution of the Southold Democratic Club, and it's current President and community, John "Stanky" Stankewicz. We, and ! will tell you who we are at the end, we are going to have a fundraising party honoring the Southold Polish Democratic Club, honoring John Stankewicz at the Half Shell Restaurant, in Mattituck, 5:00 P.M., on April 14th, and the we, is the Southold Town Democratic Club, and ! am extending an invitation to the entire Town Board. Now, ! know that sounds kind of strange but ! happen to know one of the more prominent members of the Southold Polish Democratic Club has been seen at Republican Events and ! know that to be fact because ! have seen him there. Tickets are $25.00 per person and ! would like to have the entire Town Board there honoring John Stankewicz and I'd like to have a proclamation recognizing the accomplishments of the club to present to John Stankewicz on April 14th. Thank you. COUNCILMAN WICKHAM: ! would just like to announce a SEEDS Sustainable East End Development Strategies meeting at 6:30 p.m. on Thursday, April 4th, at the Southold High School Auditorium. It is a meeting dealing with our transportation problems here on the east end north fork. It's different from other meetings in that we recognize that we can't solve all of these problems ourselves. It's between Southold Town, the South Fork, the NYS Transportation Dept., the Suffolk County, the bus systems, and the rail line. We need your input. The public is invited to attend and address this group. ! would like to see everyone attend. ! hope that all of you can all come and put your advice into the record. Thank you. SUPERVISOR HORTON: If there is no further business to come before the Town Board, I'll call for adjournment. On motion by Councilman Richter, seconded by Supervisor Horton, it was RESOLVED that there being no further business to come before this meeting at this time, adjournment be called at 6:55 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. Respectfully submitted, Elizabeth A. Neville Southold Town Clerk