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HomeMy WebLinkAboutTB-10/22/2002GENERAL MEETING October 22, 2002 1:00 P.M. A General Meeting of the Southold Town Board was held on Tuesday October 22, 2002 at 1:00 P.M. at the Mattituck High School Auditorium, Mattituck, New York. Supervisor Joshua Horton opened the meeting with the Pledge of Allegiance. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR HORTON: Thanks so much for coming to this meeting, it is a real opportunity for myself and the Town Board to be involved with the school as well, I think that it is important that you have an understanding or at least, get a glimpse of what we do at Southold Town Hall. I also want to thank Mr. McKenna and the various teachers and staff that helped put this together. We are going to open this meeting by introducing some people. We have Greg Yakaboski, our Town Attorney; Elizabeth Neville, the Town Clerk; Tom Wickham, Councilman; Louisa Evans, Town Justice and also Fishers Island Town Board member; John Romanelli, Councilman; Bill Moore, Councilman and Councilman Craig Richter. This comprises the legislative end of town government as well as those who make the decisions to hire people or set policy and carry out the day to day functions of Southold Town. I am going to offer you the opportunity to address the Town Board in formal meeting style, when that opportunity is presented we are going to ask that when you approach the podium you state your name and where you are from, for the record. It is a matter of public record. In doing so, you may address the Town Board on issues that are related to your life and Southold Town. Issues that are related to town business. But first we are going to move into a public hearing. A public hearing is basically when somebody, in this instance, somebody is requesting a change of their zone. A different use of their property. We have to go through a legal process and part of that legal process is giving the public the opportunity to give their view and their input on that particular issue. In this case, it is a zoning matter. So that being said, we will get moving with the meeting and we will run this as we normally do at Town Hall but at the same time I will allow a bit of latitude in case things come up and we need to offer some explanation about what we do or are not doing. I hope that you enjoy this and I hope that you do get involved. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $394,558.07; General Fund Part Town bills in the amount of $1,849.39; Community Development Fund bills in the amount of $2,500.00; Highway Fund Whole Town bills in the amount of $4,668.19; Highway Fund Part Town bills in the amount of $116,625.24; Capital Projects Account bills in the amount of $3,791.08; Landfill Cap & Closure bills in the amount of $430,339.84; New London Terminal Project account bills in the amount of $1,661.92; Compost Land Acquisition bills in the amount of $45,515.33; Fishers Island Ferry District bills in the amount of $17,291.68; Refuse & Garbage District bills in the amount of $88,750.57; Southold Wastewater District bills in the amount of 10/22/02 2 $17,021.66; Fishers Island Sewer District bills in the amount of $68.62; Southold Agency & Trust bills in the amount of $4,455.29 and Fishers Island Ferry District Agency & Trust bills in the amount of $328.94. 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 Romanelli, seconded by Councilman Wickham, it was RESOLVED that the minutes of the August 27, 2000 Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that a Special Town Board meeting be set for Monday, October 28, 2002 at 9:00 A.M. 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. Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the next Regular Town Board meeting be set for Thursday, November 7, 2002 at 7:00 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Board of Town Trustees - September 2002 2. Program for the Disabled - September 2002 events 3. Southold Animal Shelter - September 2002 4. Juvenile Aid Bureau, Police Department - September 2002 5. Island Group Administration, Claim Lag Report - through September 2002 rd 6. North Fork Animal Welfare League Financial Statement - 3 Quarter ended 9/30/02 & 9/30/01 II. PUBLIC NOTICES 1. Department of the Army, New York District, Corps of Engineers, request of Richard Bingham for authorization to extend a 6' x 98' pier 30' waterward in Fishers Island Sound, Fishers Island, Southold. Comments by November 4, 2002. III. COMMUNICATIONS 1. Letter to Supervisor Horton from Chip duPont, Chairman, Fishers Island Ferry District, re gratitude for assistance with $3 million award from the House Appropriations Committee for the New London Terminal Project Expansion. 2. Letter to Supervisor Horton from Thomas and Rosanne Reddy re Building Department Staff is very helpful. SUPERVISOR HORTON: At this point, for your information, how we run Town Board meetings, we allow the public an opportunity to address the Town Board on matters that are on the printed agenda. Basically items that refer to under the resolution section that we will be voting on today. If members of the public care to address the Town Board on the printed agenda, we will offer that opportunity before voting on them. As well, after the voting on resolutions, we again offer the floor to the public to address the Town Board on town related issues. As the result of time constraints, we will first hold the public hearing. At the end of the public hearing, I will offer the floor to students who would like to address the Town Board. Let's move to our public hearing. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is recessed at 1:05 P.M. for the purpose of holding a public hearing. Hearing on "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM #1000-74-4-14.1 from 10/22/02 3 Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO)." Meeting re-convened at 1:33 P.M. SUPERVISOR HORTON: At this point it is our custom to offer the floor to residents or the public that would care to address the Town Board on the printed agenda, the resolutions that we will be voting on today. But in this particular circumstance, I would like to offer the floor to students that would like to address the Town Board on questions that you have related to town business. Would any members of the student body care to address the Town Board at this point? CHRIS HUDSON: Chris Hudson from Cutchogue. I am the Student Council Vice-President and on behalf of the Student Council and the students here in Mattituck, I would like to thank you for your time. Welcome. SUPERVISOR HORTON: I want to say that it is such an interesting opportunity to address the Town Board and I want to let you know that as far as I am concerned, it takes a lot of courage to step up in the public and speak into the microphone in such a formal setting. I know that every other Tuesday when people address the Town Board, people frequently step up and they are nervous and I applaud you for doing so. SHARON LANG: Sharon Lang from Mattituck. My complaint, if you are heading east on the Main Road, right next to the Library is an abandoned building and it is really ugly. I moved here four years ago and it is so much better than up the Island, which is were I came from. Except for that building. SUPERVISOR HORTON: The physical location of the building? SHARON LANG: Right next to the library. SUPERVISOR HORTON: The old lumberyard. We got it, thank-you. I don't know what we can do about it. DAVID GOLDING: I am David Golding from Laurel. Most of the students here in Mattituck would agree with me that there really isn't that much to do in the recreation line. So I was wondering what the Board would think of building some kind of YMCA for some recreational purposes. SUPERVISOR HORTON: I will relate to you what Councilman Wickham just said in response to this young ladies question in regard to that particular piece of property. Councilman Wickham, would you like to give your answer? COUNCILMAN WICKHAM: I think that it would make a wonderful site for a YMCA someday. SUPERVISOR HORTON: In regard to that property and Councilman Moore would like to address you as well. COUNCILMAN MOORE: Actually, that site is going to redevelopment right now. A family from Orient just bought that property and is re-doing it. They are in the casino gaming chips and cards business and they wholesale out poker chips and those kinds of things. On the YMCA front, I serve on the Board of Trustees of the Community College and at our last meeting, the Suffolk Community College Board of Trustees passed a resolution with the YMCA and the College looking at a site at the Eastern campus. Trying to find a more central location. Riverhead struggled with it, Southold struggled with it, Southampton struggled with it and so there is about a year of time to gather a game plan for a YMCA type of facility, swimming pool and recreation facility in the eastern Hamptons. It is a bit of a haul. But that seems to be where the populations are. SUPERVISOR HORTON: Are there any other members of the student body who would like to address the Town Board? I know there is another question. You all want to know how old Councilman Wickham is, don't you? RYAN STRONG: Ryan Strong from Mattituck. Do the residents of Southold Town have an effect on Plum Island? 10/22/02 4 SUPERVISOR HORTON: I am going to give you some late-breaking news that I haven't even shared with my colleagues at this point. I was invited by Senator Clinton's office to attend a meeting today that would have had me at Plum Island today to take part in a Federal oversight Safety and Security meeting that was called by Senator Clinton's office, Congressman Grucci and Senator Schumer's office to meet with the two members of the Senate Ag Advisory Committee that meets in Washington, D.C. I was invited on that trip by Senator Clinton's office to act not only on behalf of Southold Town but as an elected official who has depth and familiarity with Plum Island and has had an open dialogue and communication with USDA officials on Plum Island. My invitation was revoked by members of the United States Department of Agriculture in Washington D.C. when I showed up this morning to board the vessel, I wasn't allowed on the premises. I called the Center Director to ask why I was not permitted to attend this meeting and the answer that came back was that the Federal Government wanted it to be a small Federal meeting. My interests and my concern is, is Plum Island operating at the staffing level it needs to securely operate that facility as it has in the past. My concern and what my question as a result of the current strike that is taking place amongst the labor faction on Plum Island, with the private company that facilitates it, is the Federal Government taking steps to properly staff Plum Island? Because properly staffed, Plum Island is a safe functioning facility. So my question is, what is the Federal Government doing right now, two months into a strike, doing to properly staff? Are people properly trained, do they have background checks, is Plum Island running as well as it should be? So to let you know what I am doing and where I am at right now, my involvement with Plum Island as of this morning, has been denied. I am told that I will gain access and be invited to the meeting in the near future but I was invited today and then my invitation was revoked. So if that provides any source of clarity. Plum Island properly staffed and properly functioning is a secure facility. The people who I know to be qualified to operate that facility, with those people standing on the shoulder of the road as opposed to on the Island working, I have reservations. So I am doing all that I can to be in the know. Thank-you, that was a great question. Any other members of the student body? KATL1N BURDEN: Katlin Burden, I live in Mattituck also. I would like to address the issue beaches in the Town that are closed after 10:00 and people in Mattituck, as you said, there isn't a lot to do and we will meet in Mattituck at the beach to socialize and after 10:00, we get kicked out. SUPERVISOR HORTON: You get kicked out, too? I know the feeling. What do you do after 10:00 down at the beach, anyway? Your question is one that is asked by not only students but also by people who like to utilize the beaches for night fishing. I remember I was, I think 19 or I guess I was 21 or 22 and I stopped in to see Supervisor Cochran, at the time, with some other residents of Greenport and I stopped in with a picture of my great-grandfather and my grandfather, who was Supervisor and then went on to the State Senate, from this area, at a beach party after 10:00 at night. I grew up being accustomed to using those beaches any time that I wanted, that was what I grew up knowing, however as time has rolled on and the social changes that we see in this Town from the cultural changes I think that we are experiencing in this Town as well as more people living in this Town, the Town Board has seen fit to take steps to try to make sure that these beaches are acceptable to a reasonable degree but after 10:00 at night, it has been said that there have often disturbances and people who live at those road ends or nearby those beaches are kept awake at night. So we have to, it is a tough decision, it is a tough stance for us to have to take, one that I don't necessarily agree with all the time but understand its necessity. So it is a matter of quality of life for the broad scope of the town. COUNCILMAN ROMANELLI: But if you whisper at night-time and take your garbage with you and the chances of you staying there are probably a little bit better. SYLVIA MARTIN: Sylvia Martin from Mattituck. I wanted to address to the Town the fact that Southold police officers...inaudible..and then when some of the kids told them what happened, they didn't believe their story and stuff like that did happen and people could have gotten hurt and the police..inaudible. And things in the past have happened and the cops don't do anything about it. There is town people around here that drive around town and get pulled over for nothing and t here are New York people who come straight from the vineyards and drinking and you see them on the North Road swerving around and you call the cops and they are just like "where are they, what can we do?" SUPERVISOR HORTON: I think that you are hitting on a couple of points and I will say that if the student body feels that our Police force could do a better job of communicating and being involved with youth in the community, that is certainly something that we could speak to through the Town Board or my office to the Chiefs' office. I do happen to know that there are a number of officers on our police force that are actively involved with youth in town and have a great deal of respect and it is my 10/22/02 5 thought that that respect carries through the entire department but like any public relations job or job where you are involved with the public, there are times where there is going to be miscommunication. So I think that we just have to make sure that our officers are doing their best to take a minute and listen to what you have to say. And we can certainly work towards that end. And Ms. Egan recommends that you get their name and number (shield or badge number) when you speak with a police officer. If you do have a legitimate complaint, that can be brought to my office and it can be addressed. That was a good point, Mrs. Egan. Thank-you. STEVEN SWEENEY: Hello, my name is Steven Sweeney and I am a resident of Mattituck. I am President emeritus of Mattituck Field Club, which is one of the largest and most productive service clubs in Southold Town today. My question that I would like to present to the Board as a member and as a leader in this organization, this service club, is what can you do to show support for these service clubs not only under the Lions International but Southold Interactive and these student bodies that come together in the community to do good for the residents of Southold Town? So that is the question that I present to this Board, what can you do to show support for these organizations? SUPERVISOR HORTON: Things that we have done and could perhaps do more of, like for example Mattituck Chamber of Commerce, Cutchogue-New Suffolk or Greenport-Southold Chamber of Commerce, Lions Club. I know that the presidents of all of those clubs, any time there is an event or something that they are planning, they generally contact my office to find out if there is a way that the town can facilitate their event. We provide policing for the Strawberry festival, we provide policing and traffic attendants for the Harvest Festival. So there are things of that nature that we can do more of, certainly we will, I know that this entire Town Board and myself support and deeply appreciate organizations like yours and others like it because they provide so much stimulus to the residents of this town, as well as services that aren't generally available through government. So any way that a government can help out with those organizations is certainly a plus. The best thing that I think that we have done though as a town is to be involved, like when the Mattituck Chamber of Commerce has a project that they would like to see accomplished within the community, we can facilitate the grant writing process to obtain money to facilitate the project. So things of that nature, showing up regularly recognizing what you are doing, we will continue to support. MICHAEL LESSARD: Michael Lessard from Mattituck. I would like to address why the..inaudible...won't work and I am wondering why the town isn't trying to fix the lights in the ball field. SUPERVISOR HORTON: I think that those are, lights at the ball field? We will get on that and correct it. Thank-you. KRIST1NA SEYFRIED: Kristina Seyfried from Mattituck. I would like to know if there was any asbestos or anything used on those machines on Plum Island because my father wouldn't believe us that the reason why he had cancer was caused and that is why he passed away and I wanted to know if there were any workers that are still being affected by that? SUPERVISOR HORTON: That is a question that I honestly do not have the answer to. KRIST1NA SEYFRIED: I also want to know what was being done about the animal shelter situation, what is going on. I have volunteered there before and the conditions are not very good for the animals and I was just very concerned about what was being done about that situation? SUPERVISOR HORTON: Councilman Moore has made great strides in progress towards getting a new animal shelter built. To make sure that we have a proper facility there, as well there are residents in town that are working as an entity to also help facilitate that process, so where we are today in regard to where we were a year from today, we are substantially closer to attaining that goal. SUPERVISOR HORTON: I thank you for your participation. Oh, come on up. CHRIS BEST: Chris Best from Mattituck. About a month ago down by Breakwater Beach, I went down with a few of my friends and I got hit by paint balls, so did one of my friends, someone else got hit in the face. One of my friends got hit in the head with a paintball gun. When they asked the officer guy, Bobby Conway, he said it was a weekend hazard. I don't know, that just didn't seem like a weekend hazard to me. 10/22/02 6 SUPERVISOR HORTON: You got attacked by paintballs? I am just trying to get this straight, you got caught in the middle of a paint ball fight? CHRIS BEST: No, we went down to the beach, got out of the car and about ten kids walked up to me (Riverhead kids) they asked me if I was at the party and I said no and they just started shooting at me. SUPERVISOR HORTON: With paint balls. That is interesting. I hadn't heard that. CHRIS BEST: Inaudible SUPERVISOR HORTON: I appreciate that and I will speak to Bobby about that. Thank-you. Again, I appreciate your participation. This is one of the more interesting parts of my job, hearing from people throughout town, what is on their minds in regard to things that are or are not going on in Southold Town. We are going to move forward now and I hope that you hang around. I now that you are on schedules, so we will be moving forward with our regularly scheduled meeting in our regularly scheduled fashion. I do ask that when the bell rings and you do see fit to move on with your lives, that you out of respect to the people that are not students and the Town Board, you leave quietly. I thank you for being involved and I am hoping that Gary Buckner and I can switch positions for a day. I am going to teach his class and he will be Supervisor for a day. It's going to be fun, right? Also for your Student Councils, I hope that I get an invitation to a Student Council meeting to maybe bat some ideas around and see how you run your meetings. Again, I appreciate it. At this point, I want to read a letter that I received. I receive letters on Town Offices quite often and generally they are favorable. I get lot of favorable mail about the Building Department, our Planning Board, the Planning Department but this one is especially special. This is in regard to some work that my office did. When I say my office, I don't mean me, I mean the two people who make my office run and that is Joann Ligouri and Ruthanne Woodhull. I take the heat, they take the credit. Well, they deserve it, because the heat is usually the result of something that I did. But I want to put this out there. This is a letter that came in from Mr. Reynolds duPont, who is chairman of the Fishers Island Ferry District. 'Dear Supervisor Horton, The Board of Commissioners of the Fishers Island Ferry District wishes to convey its gratitude to you and your staff for assisting in the successful award of 3 million dollars by the House Appropriations Committee in support of the districts New London Terminal project expansion. As you know, the ferry operation is the only means of transporting passengers, goods and services to the Island. These funds will directly assist the increased safe and efficient operation of the shore side operation and will benefit all who have occasion to interact with the Island. (And this is the part of the letter that I think is most important.) In particular, the Board would especially like to acknowledge Ms. Ruthanne Woodhull and Ms. Joann Ligouri as they were instrumental in ascertaining the urgency of the phone call from our offices on September 25, 2002. The purpose of that call was for you to contact Congressman Grucci, so that he could notify the Chairman of the Committee, Howard Rogers, and flag our request one more time before convening the next day. Concerted effort on the part of Ms. Woodhull and Ms. Ligouri to reach you at home and give you that information, most likely made all the difference in the world. The professional and purposeful manner in which they acted is to be commended. Again, our appreciation goes out to all of you. The dream is about to become a reality in a good part due to the tenacious team at the final leg of the relay, who carried the baton over the finish line.' I will tell you that it is no small chore to get hold of a Congressman at 10:00 at night somewhere between Long Island and Washington, D.C. and both Ruthanne and Joann managed to do that. They reached Felix Grucci on his cell phone and I guess they told him they were me but they got the job done. Nice job and thank-you. Now we will offer the floor to any members of the public that would like to address the Town Board on the printed resolutions that we will be voting on. JOAN EGAN: Joan Egan from East Marion. Resolution #664, accept the resignation of Mr. Ploth (inaudible) I don't understand (inaudible) why we have a merry-go-round, we should be able to appoint people who stay in long enough to understand especially in the Police Department. Inaudible. SUPERVISOR HORTON: Ms. Egan, I ask that you keep your questions specifically to the resolutions and if you would like me to answer your question, I will do so. Mr. Ploth will resign effectively December 31, 2002 after having served 7 years on the Board of Ethics. JOAN EGAN: Great. How will he be replaced and when will that happen? SUPERVISOR HORTON: We will go out to resume and make our appointment effective January 1, 2003. 10/22/02 7 JOAN EGAN: ! see. There was another one here and that was regarding (inaudible) Are you referring to a specific resolution? SUPERVISOR HORTON: JOAN EGAN: Yes. SUPERVISOR HORTON: I don't think you are. JOAN EGAN: Oh, yes I am. SUPERVISOR HORTON: Which one, please? JOAN EGAN: Oh, yes #665, authorize modification of the of the General Whole Town 2002 budget to cover costs for beaches and the winter brochure publication. Now, (inaudible). SUPERVISOR HORTON: Would anyone else in the public care to address the Town Board on our printed resolutions? We will move forward with our resolutions. #660 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #647 adopted at the October 8, 2002, regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Stanonis as a part- time Senior Citizen Aide II for the Senior Services Program, at a salary of $11.37 per hour, effective October 30, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #661 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Solid Waste District budget, as follows: To: SR 8160.4.100.100 SR 8160.4.100.400 SR 8160.4.100.640 SR 8160.4.100.570 SR 8160.4.400.820 SR 8160.2.400.800 SR 8160.4.200.400 SR 8160.4.400.825 From: SR 8160.4.400.806 SR 1420.4.500.100 Vote of the Town Board: Office Supplies $ 100.00 Welding Supplies $ 500.00 Maint/Supply Trailer Fleet $ 750.00 Maint/Supply John Deere Loader $ 500.00 Plastic Recycling $ 2,500.00 Water Truck $ 5,000.00 Bottled Drinking Water $ 250.00 Glass Removal $ 6,000.00 MSW Disposal $ 8,500.00 Legal Counsel $ 7,100.00 Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #662 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Public Safety Dispatchers Michael Boken and Andrew McCafferv, effective October 11, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #663 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the following items for 2003: 10/22/02 8 Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Rock Salt for the Highway Department Bulk Ice Control Sand for the Highway Department Removal and Transfer of Scavenger Waste Removal of Household Hazardous Waste from the Transfer Station Removal of Scrap Tires from the Transfer Station Removal of Scrap Metal from the Transfer Station Town Yellow Garbage Bags Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #664 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Richard Ploth from his position as Chairman of the Board of Ethics committee effective December 31, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #665 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 General Fund Whole Town budget, as follows: FROM: A7180.4.600.300 A7020.2.500.300 A7020.4.100.550 A7020.4.400.650 A7180.4.100.100 A7020.4.600.200 TO: A7180.1.300.100 Beach Mileage $ 266.60 Recreation Equipment 326.85 Sports Equipment 591.00 Vehicle Maintenance 1500.00 Lifeguard Supplies 510.52 Meetings & Seminars 33.23 Beaches Personal Services $2628.20 Regular Earnings A7020.4.400.300 Printing Brochure 600.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #666 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2002 budget as follows: To: Revenues: B.5990.00 Appropriated Fund Balance $ 75,000 Appropriations: B.8020.4.500.600 Planning, C.E. Moratorium Consultant $ 75,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #667 Moved by Councilman Romanelli, seconded by Councilman Richter, it was 10/22/02 9 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of seasonal account clerk in the Tax Receivers office at a salary of $10.85/hour. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #668 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds the following resolution #645~ adopted at the October 8~ 2002 regular Town Board meeting: 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, October 22, 2002, at 1:05 p.m., at Mattituck High School, Main Road, Mattituck, 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 Henry and Helen Rutkoski. Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-115-2-10. SCTM# 1000-108-2- 3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elij ah's Lane in Mattituck. SCTM# 1000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road and Elijah's Lane in Mattituck. The development rights easement comprises approximately 24.9 acres of the 26.9 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 $20,000 (twenty thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the 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: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #669 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was 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 Thursda¥~ November 7~ 2002~ at 7:25 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 Henry and Helen Rutkoski. Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-115-2-10. SCTM# 1000-108-2- 3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elij ah's Lane in Mattituck. SCTM# 1000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road and Elijah's Lane in Mattituck. The development rights easement comprises approximately 24.9 acres of the 26.9 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 $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the 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: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #670 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Anthony J. Wisowat¥ to locate a one family house trailer on their property for the purpose of living quarters to 10/22/02 10 occupy during the reconstruction of their dwelling after damages sustained from a fire, location of property 503 Bailey Avenue, Greenport, New York, for a period of six (6) months. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #671 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby designates the Joseph Manduca House (Wickham/Prince House), located at 1100 Youngs Avenue, Southold as a Southold Town landmark at the recommendation of the Southold Town Landmark Preservation Commission. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #672 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following surplus equipment in the Town Attorneys Office: New York Reports - Court of Appeals - 2nd Series Volumes 1 - 85 1956-1996 Appellate Division Reports - Supreme Court, New York-2nd Series Volumes 1 -213 1956- 1996 Miscellaneous Reports - New York - 2nd Series Volumes 10164 1956 - 1995 be it further RESOLVED that the Town Board authorizes and directs Town Clerk Elizabeth Neville to advertise the same for bid. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #673 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following surplus equipment in the Planning Board Office: (1) Adler 120 s/n CID8A6EB (2) IMB Selectric II! s/n BA76978 be it further RESOLVED that the Town Board authorizes and directs the disposal of same as it is un-useable. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #674 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Transportation Commission. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #675 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Tree Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 10/22/02 11 #676 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Madeliue Brisotti Junior Member to the Conservation Advisory Council for a two-year term effective November 1, 2002, at the rate of $52.00 per meeting (including inspections). Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #677 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William H. Cook and Tom Schlichter members to the Conservation Advisory Council for a two-year term effective November 1, 2002, at the rate of $52.00 per meeting (including field inspections). Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #678 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Southold Town Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #679 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Southold Town Planning Board. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #68O Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA in the matter of the amended petition # 318, of Darrin Skrezec for a change of zone from R-40 Low Density Residential and HB Hamlet Business to LB Limited Business and Residential Office (Re) District Designation_ on a certain property located on the south side of County Route 48 in Peconic, 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. #681 Moved by Councilman Moore, seconded by Councilman Romanelli, it was WHEREAS Darrin Skrezec has amended a proposed a change in zone for the property identified as SCTM#1000-74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane; and WHEREAS the amended, proposed change of zone is from Hamlet Business and Low-Density Residential (R-40) to Limited Business (LB) and Residential Office (Re) District Designation; therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be au UNLISTED action pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 10/22/02 12 #682 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was 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 Thursda¥~ November 7~ 2002~ at 7:20 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 Parker and Chester Dickerson. Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main B ayview Road and Jacob's Lane, in S outhold. The development rights easement comprises approximately 10 acres of the 13.45 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 $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the 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: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #683 Moved by Justice Evans, seconded by Councilman Romanelli, it was 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 Thursda¥~ November 7~ 2002~ at 7:15 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 John Elak. Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 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 $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the 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: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. COUNCILMAN MOORE: The Supervisor got a request for an add on or an insertion for #684 which relates to SEQRA. If we do this insertion, then we can do #684. #684a Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED, that the Town Board of the Town of Southold hereby determines that the Proiect~ known as the Terp Parking Lot~ located on Griffing Street~ in the Town of Southold~ is an Unlisted Action for purposes of the State Environmental Quality Review Act ("SEQRA"), and has determined that the Project will not have a significant effect upon the environment, that is has satisfied the requirements imposed by SEQRA and that a Negative Declaration has been issued and filed. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #684 Moved by Councilman Wickham, seconded by Councilman Romanelli, 10/22/02 13 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED OCTOBER 22, 2002, AUTHORIZING THE TOWN TO (A) ACQUIRE A LEASEHOLD INTEREST, FOR A TERM OF 20 YEARS, IN THE CERTAIN PIECE OR PARCEL OF LAND IN CUTCHOQUE, SITUATE ON GRIFFING STREET, NORTH OF MAIN ROAD (ROUTE 25), CONTAINING 38,250 SQUARE FEET, MORE OR LESS, AS THE SITE OF A PUBLIC PARKING AREA, AND (B) CONSTRUCT A PUBLIC PARKING AREA ON SAID SITE (COLLECTIVELY, THE "PROJECT"); APPROPRIATING $230,000 FOR SAID CONSTRUCTION; AUTHORIZING THE ISSUANCE OF $230,000 SERIAL BONDS TO FINANCE SAID APPROPRIATION; STATING THAT THE TOWN BOARD, AS LEAD AGENCY, HAS DETERMINED THAT THE PROJECT IS AN UNLISTED ACTION HAVING NO SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT A NEGATIVE DECLARATION HAS BEEN ISSUED AND FILED; STATING THE PLAN OF FINANCING OF SAID CONSTRUCTION IS THE ISSUANCE OF SAID SERIAL BONDS TO FINANCE SAID APPROPRIATION AND THE LEVY AND COLLECTION OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAME BONDS. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK. HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section I. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to (A) acquire a leasehold interest for a term of twenty (20) years, all pursuant to applicable provisions of law, in the certain piece or parcel of land, situate in Cutchogue, in the Town, on Grilling Street, north of Main Road (State Route 25), Map as #1000- 102-05-[3 & 9.6], containing 38,250 square feet, more or less, and described on the Suffolk County Tax Map, as the site of a public parking area and (B) to construct a public parking area on said site, including sidewalks, curbs, gutters, drainage, landscaping, grading and improving the rights of way (collectively, the "Project"). The estimated maximum of constructing said public parking area is $230,000, including preliminary costs and costs incidental thereto and the financing thereof, and the said amount of $230,000 is hereby appropriated therefor. The plan of financing includes the issuance of $230,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $230,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the construction of said public parking area, being the specific object or purpose for which the $230,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section l l.00a.20(f) of the Law, is hereby determined to be ten (10) years; however, the maturity of the bonds herein authorized shall not exceed five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board acting in the role of the Lead Agency, after having identified and considered the relevant areas of environmental concern associated with the Project, has determined that the Project is an Unlisted Action for purposes of the State Environmental Quality Review Act ("SEQRA "), Article 8 of the New York Environmental Conservation Law, and has determined that the Project will not have a significant effect upon the environment, that it has satisfied the requirements imposed by SEQRA and that a Negative Declaration has been issued and filed. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in t" anticipation of said 10/22/02 14 bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in summary, together with a notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law in TIlE SUFFOLK TIMES, a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #685 Moved by Councilman Richter, seconded by Councilman Moore, A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 22nd of October, 2002. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice William D. Moore, Councilperson Craig A. Richter, Councilperson John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson In the Matter of the Increase and Improvement of Facilities of the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York pursuant to Section 202-b of the Town Law. ORDER CALLING PUBLIC HEAR1NG TO BE HELD ON NOVEMBER 19, 2002 10/22/02 15 RECITALS WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District,"), has heretofore determined, following the public hearing duly called and held on March 13, 2001 and, pursuant to the Resolution and Order After Public Hearing adopted on said date, that it is in the public interest to increase and improve the facilities of the District, consisting of the acquisition of the certain piece or parcel (SCTM #1000-096-1-2, reputed owner, Francis J. McBride) containing seventeen acres, plus or minus, of property immediately adjacent on the west side of the S outhold Landfill in Cutchogue, in the District, and, pursuant thereto, said property has been acquired and is now owned by the Town Board in the name of the District, for the purpose of relocating the District's existing yard waste operations and to conduct composting and brush collection activities, as well as to provide material to complete the capping and closure of the Southold Landfill, and to obtain additional space for future District activities, including grading and improving of said property and purchase of equipment, machinery and apparatus required therefor (the "Project"), at the estimated maximum cost of $2,600,000, said cost to be financed by the issuance of serial bonds of the Town in like amount, with an anticipated reimbursement of approximately 50% of the total cost of the Project by the Department of Environmental Conservation (DEC) of the State of New York at the conclusion of the Project; and WHEREAS, due to increased costs of materials and labor for the Project, the estimated maximum cost has increased by the amount of $750,000 to $3,350,000, and in order to provide for such increased cost of the Project, it is necessary, desirable and in the public interest and the best interest of the Town to adopt this Order; and WHEREAS, the Town Board has given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, State and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Law and, in connection therewith, the duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk; NOW, THEREFORE, BE IT ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 19th day of November, 2002, at 8:05 o'clock P.M. (prevailing Time) to consider said increase and improvement of facilities (the Project) at such increased estimated maximum cost of $3,350,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in the "SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, (ii) post on the Town Clerk Bulletin board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii) mail by first class mail to each owner of taxable real property in the District, a notice of such public hearing in substantially the form attached hereto designated Exhibit" A" EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING NOVEMBER 19, 2002 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 22nd day of October, 2002, to consider the increase and improvement of facilities of the Southold Solid Waste Management District ("District"), consisting of the improvement of certain improvement (SCTM #$1000-096- 1-2, reputed owner Francis I. McBride) containing seventeen acres, plus or minus, immediately adjacent on the west side of the Southold Landfill, in Cutchogue, heretofore acquired and now owned by said Town Board in the name of the District for the purpose of relocating the District's existing yard waste operations and to conduct 10/22/02 16 composting and brush collection activities, as well as to provide material to complete the capping and closure of the Southold Landfill, and to obtain additional space for future District activities, including grading and improving of said property and purchase of equipment, machinery and apparatus required therefor ("Project"), at the estimated maximum cost of $3,350,000, being an increase of such cost in the amount of $750,000. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 8:05 o'clock P.M. (Prevailing Time), on November 19, 2002, for the purpose of conducting a public hearing to consider said increase and improvement of facilities (the Project) of the District, as hereinabove described, at the increased estimated maximum cost of $3,350,000, with an anticipated reimbursement of approximately 50% of the total cost of the Project by the Department Environmental Conservation (DEC) of the State of New York at the conclusion of the Project. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #686 Supervisor' s Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Councilman John Romanelli as a town board liaison to the Southold Town Agricultural Advisory Board. SUPERVISOR HORTON: John, you are now the liaison to the Southold Town Ag Advisory Committee. #687 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Board of Assessment Review. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #688 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Agricultural Advisory Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #689 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Anti-Bias Task Force - Steering Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #69O Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Architectural Review Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #691 Moved by Councilman Romanelli, seconded by Councilman Moore, it was 10/22/02 17 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Board of Ethics. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #692 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Conservation Advisory Council. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #693 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Employee's Health Benefit Plan - Board of Trustees. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #694 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Fishers Island Harbor Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #695 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Land Preservation Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #696 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Landmark Preservation Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #697 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Parks~ Beaches & Recreation Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #698 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Police Advisory Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. 10/22/02 18 This resolution was duly ADOPTED. #699 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John D. Whitehead as a part-time Minibus Driver for the Human Resource Center~ at a rate of $9.65 per hour, effective October 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. #7OO Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth A. Neville to advertise for a full-time Senior Environmental Planner for Planning Board office to fill the vacancy created by the reassigned of Scott W. Hughes. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans. No: Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #701 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby reassigns Senior Environmental Planner Scott W. Hughes from the Planning Board office to the Land Preservation Department, effective upon receipt of the appropriate classification of said title by Suffolk County Department of Civil Service in the Land Preservation Department. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Moore. This resolution was duly ADOPTED. #7O2 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby suspends~ without pay for thirty days~ the town employee against whom disciplinary charges have been filed. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O3 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Valerie Marvim Esq, as hearing officer in the disciplinary action against a town employee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O4 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints David Vazquez as a School Crossing Guard for the traffic post located at Our Lady of Mercy at the rate of $27.98 per day, to include Saturday CCD classes at the rate of $12.06 per hour, 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. #7O5 Moved by Councilman Moore, 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-' A. 1220.4.600.300 Travel Reimbursement $ 600.00 10/22/02 19 A. 1220.4.600.600 Dues & Subscriptions 100.00 From: A. 1220.1.100.100 Full Time Employees, Regular Earnings $ 700.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. COUNCILMAN ROMANELLI: I would like to add one more. That we vote on that zone change. The SEQRA is done on that, right Greg? #7O6 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, on the 8th day of October, 2002, a Local Law entitled "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUS1NESS (LB) AND RESIDENTIAL OFFICE (RO)", the petitioner is Darrin Skrezec, the property is approximately 3.9 acres located at the south side of County Road 48, Peconic, New York; and WHEREAS, a Public Hearing was held on this Local Law on the 22nd day of October, 2002 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 OF 2002 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO), on property located at south side of County Road 48, containing 3.9 acres, owned by Darrin Skrezec. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes the voting of resolutions on the printed agenda, if members of the community would like to address the Town Board; I welcome you to do so at this time. RAY HUNTINGTON: Ray Huntington from Cutchogue. I am here on the Fleets Neck Property Owners Association. As far as we can determine in the 2003 budget does not include funds for repairing a bulkhead at the foot of West Road on Wickhams' Creek. This bulkhead had been the subject of earlier funding that didn't work out. It has been on the agenda, so to speak, for the past three years as far I know. Each of those years, the bulkhead continues to deteriorate more and now it is a very dangerous situation. I want to call your attention to, we realize that you can't be all over our entire 34,000 acres and understand all the circumstances that need attention. That is the purpose of me being here and our Associations (inaudible). This is work that really needs to done. It is dangerous, it is only going to cost more if we put it off again. We have a favorable (inaudible) we certainly appreciate everyone's attention (inaudible). That is important to us, too. But when we look at the circumstances there, this provides a main access point from Fleets Neck to the creek. Kids go down there all the time to fish and so on, there are holes in the bulkhead now, road runoff is gushing into the creek when we get a bad storm, this is repair work that the Town needs to face up to right now. So, please make sure that that is in the budget and the Highway Department makes the necessary repairs in a timely fashion. SUPERVISOR HORTON: Ray, there will be a line in the Highway Department budget and I will review that. I appreciate it. I am familiar with the bulkhead in question. Thank-you. Would anyone else care to address the Town Board on town related business? (No response) If not, I thank-you for your participation. Would you like to do that in my office or would you like to address the Board here, Ms. Egan? Okay, then we will give you a moment to address the Board. JOAN EGAN: Mr. Horton, has Mr. Yakaboski responded to the letter that was sent to him in June regarding roads (inaudible) and regarding the Police Department, that when they answer their phones they should say "Southold Police Department, you are being taped" has Mr. Yakaboski answered that letter. That was sent to him, to you and to (inaudible). 10/22/02 20 SUPERVISOR HORTON: I haven't discussed it with him, Ms. Egan. JOAN EGAN: Pardon? SUPERVISOR HORTON: I have not discussed it with him. JOAN EGAN: You have told me that you have. SUPERVISOR HORTON: I have not discussed the entirety of that letter with him. JOAN EGAN: When do you plan to? It is a very important issue, it is a very legal issue because they tape you and can use that against you. That is a very important issue. Mr. Horton, has Mr. Romanelli made any progress in regard to noise control? SUPERVISOR HORTON: No. JOAN EGAN: Has Mr. Romanelli done anything in regard to seeing that people (inaudible). SUPERVISOR HORTON: Actually, yes. That has been brought to the attention of the Code Enforcement and the Building Department and rests with them to ensure that building sites are properly marked and maintained. JOAN EGAN: Good. Mr. Horton, has Mr. Romanelli been successful in completing a call to the Department of Transportation in regard to the property being made into a wine place just east of the Shady Lady? SUPERVISOR HORTON: Yes. JOAN EGAN: He has? When will Mr. Romanelli know when something will be done about it, before we have another accident there? SUPERVISOR HORTON: The Department of Transportation is a difficult department to pin down on getting a straight answer in a timely fashion, so we will keep on them. JOAN EGAN: And when they do, will the Police Department, maybe Mr. Richter (inaudible) will inform the Police Department if there are violations if they receive very strict (inaudible). SUPERVISOR HORTON: Yes. JOAN EGAN: Good. Now, in addition, Mr. Moore, again, I have asked you over and over again to do something to about the problem regarding my property at 330 Knoll Circle and Mr. Kellers' property, in violation and the changes that were made outside that were not given to me to decide if I approved them. Have you done anything about that Mr. Yakaboski or Mr. Moore? And the answer to that question is yes or no. COUNCILMAN MOORE: It is the very same answer that I gave you in January.... JOAN EGAN: You have not done anything, that's fine because now it is in the hands of the insurance company and then the insurance company will want to know how it (inaudible). Bye. SUPERVISOR HORTON: No one else would care to address the Town Board? Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 2:33 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. * * * * * * r!'t&dJfQ rJ"d4- E lzabeth A. Neville Southold Town Clerk