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HomeMy WebLinkAboutTB-12/03/2002SOUTHOLD TOWN BOARD GENERAL MEETING December 3, 2002 4:30 P.M. A Regular Meeting of the Southold Town Board was held on December 3, 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: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman John M. Romanelli SUPERVISOR HORTON: Good Afternoon and welcome to the December 3 public meeting of the Southold Town Board. As for the process of the public meeting, we do offer the floor to the public at two different times over the course of the meeting. The first being prior to the voting on the printed agenda, the printed resolutions, if you would like to address the Town Board on any of the printed resolutions I will offer a time prior to voting on them. I just ask that you step forward to one of the microphones at the front of the room and before addressing the Board, state your name and place of residence for our record. As well, after we run through the resolutions-complete the resolutions, we will offer the public time to address the Town Board on town related business. That is business other than what is on the printed agenda. As well, we have several public hearings today and there will be time to take public comment over the course of those public hearings as they relate to these specific hearings. So that being said, we will move forward. We have reports, public notices and communications all on file down in the Town Clerk's Office. The Town Clerk's Office is open between 8:00 A.M. and 4:00 P.M., Monday through Friday. So if you would like to view any of those, please feel free to do so. And at this time we will move forward with the approval of the audit of bills. Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $107,490.62; General Fund Part Town bills in the amount of $24,243.28; Highway Fund Whole Town bills in the amount of $7,608.65; Highway Fund Part Town bills in the amount of $3,873.17; Capital Projects Account bills in the amount of $13,236.10; Landfill Cap & Closure bills in the amount of $450.00; Community Preservation Fund (2% tax) bills in the amount of $3,000.00; New London Terminal Project bills in the amount of $29,735; Employee Health Benefit Plan bills in the amount of $44,341.80; Fishers Island Ferry District bills in the amount of $15,350.71; Refuse & Garbage District bills in the amount $70,994.86; Southold Agency & Trust bills in the amount of $8,134.87 and Fishers Island Ferry District Agency & Trust bills in the amount of $60.63. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. December 3~ 2002 2 Southold Town Board Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, December 17, 2002 at 7:30 P.M. in the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Island Group Administration, Claim Lag Report - through October 2002. II. PUBLIC NOTICES None III. COMMUNICATIONS None SUPERVISOR HORTON: We will move forward by offering the floor to the public in regard to the resolutions that are on the printed agenda, if anyone would care to address the Town Board on any of these resolutions, feel free to do so. Mrs. Egan. JOAN EGAN: Good afternoon, Mr. Horton, Mr. Wickham, Mr. Moore, Mrs. Evans, Mrs. Neville and Mr. Yakaboski. I am going to give you a left-hand compliment, how about that? I saw a late movie the other night and I bet you have been asked to give this guy's autograph, Lou Costello from Bud Abbott and Lou Costello. We all need a good laugh once in a while. You will have to forgive me, my bottom denture broke. The Santacroce, probationary police guy, that now we are getting rid of. Why is that? We have probably spent several hundred dollars on him. SUPERVISOR HORTON: Which resolution is that? This gentleman was hired by the Town and sent to the Police Academy and decided that police work was not what he wanted to do and he resigned from the Academy. JOAN EGAN: How long was he in the Academy? SUPERVISOR HORTON: About 10 days, I believe. JOAN EGAN: Only 10 days. Who interviews to put them into the Academy? SUPERVISOR HORTON: For this interview, myself, Chief Cochran and Lieutenant Flatley. JOAN EGAN: Well, you did a lousy job. You should have questioned him further. Okay, now there was another one here, well, we'll let someone else get up and I will catch up later. SUPERVISOR HORTON: Thank-you, Mrs. Egan. Would anyone else care to address the Town Board on the printed agenda? FRANK CARL1N: Frank Carlin, Laurel. On that same resolution, Josh when you send somebody to the Academy for six months in Westhampton, you pay him a salary, correct? SUPERVISOR HORTON: That is correct, they are paid a salary while they are in the Academy. FRANK CARL1N: What happens when the student gets 3¼ or almost 99% through the course and he fails because there are two different tests there. There is a technical test and a physical test. If you fail either one of them, you don't make the Academy. So what happens if he fails? All those six months that you were paying him a salary is lost, right? Why do you pay anybody a salary at all for going to the Academy, until he graduates? Think about that one. SUPERVISOR HORTON: Will do, Mr. Carlin. Thank-you. JOAN EGAN: I do have another one. This is in regard about someone who retired and their medical bills are now to be paid after they did not submit the bills within the correct time. SUPERVISOR HORTON: Could you point to the number, Mrs. Egan? December 3~ 2002 3 Southold Town Board JOAN EGAN: Eventually. SUPERVISOR HORTON: Okay. Oh, #794. JOAN EGAN: Yeah, #794. I think that is wrong. SUPERVISOR HORTON: Okay. JOAN EGAN: I think that is wrong and I don't think you should do it because we don't know how extensive her medical bills may come and if you pay for one you will have to pay for all of them. SUPERVISOR HORTON: Okay, understood. Would anyone else care to address the Town Board on the printed resolutions? (No response) We will move along with the resolutions. #78O Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2002 budget as follows: From: B.3620.2.100.200 Desks $1,500.00 To: B.3620.4.600.600 Dues & Subscriptions $1,500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #781 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Police Recruit Joseph Santacroce with the Town of Southold Police Department effective November 20, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #782 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign the 2003 Program Application for the Town of Southold Youth Services Program~ in the amount of $9,789.00. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #783 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Lois Atkinson's letter of intention to retire from her position as Public Safety Dispatcher II with the Town's Police Department effective November 30, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #784 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intention to retire from John R. Victoria from the Town's Highway Department effective November 1, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. December 3~ 2002 4 Southold Town Board #785 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 General Fund Whole Town budget as follows: FROM: A7020.4.400.550 2 Soft ball Leagues $ 250.00 TO: A7180.4.200.100 Telephone $ 250.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #786 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement to utilize the Bridge Business Connect Service, which will allow the Town to exchange electronic messages, transfer funds, and review account activity with The Bridgehampton National Bank, all in accordance with the Town Attorney Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #787 Moved by Councilman Wickham, seconded by Justice Evans, it was WHEREAS there were no bids received for the 2003 Milk bid for the Southold Town Human Resource Center, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for same. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #788 Moved by Councilman Richter, seconded by Justice Evans, it was WHEREAS, the Corporation (Town of Southold) seeks to benefit from opening and maintaining one or more securities, loan and/or guarantee accounts at UBS PaineWebber Inc" a broker-dealer organized in the United States and registered with the U.S. Securities and Exchange Commission, and/or its successor firms, subsidiaries, affiliates, including but not limited to UBS Bank USA, and any third- party service providers (collectively, "UBS PaineWebber"). NOW, THEREFORE, BE IT RESOLVED THAT: 1) The Corporation is authorized to establish with UBS PaineWebber one or more accounts for the purchase and sale of securities and other Property, the establishment of credit and/or the guarantee of another person's or entity's obligations (the "Account") "Property" includes, but is not limited to, securities, money, stocks, options, bonds, notes, futures contracts, commodities, commercial paper, certificates of deposit and other obligations, contracts, all other property usually and customarily dealt in by brokerage firms and any other property that can be recorded in the Account. UBS PaineWebber is designated an agent of the Corporation for property of any nature and is authorized to receive, hold and deliver any funds, securities or other Property within or without the United States, registered in or transferred into the name of UBS PaineWebber or its nominee(s) or the name of one or more custodians or nominees thereof. UBS PaineWebber may either directly or through custodians retain unregistered securities or deposit the certificates representing such securities, in bulk with a central certificate depositary, so that transfer of ownership of such securities may be made by bookkeeping entry on the books of such depositary. 2) The Corporation shall grant a security interest to UBS PaineWebber as set forth in greater detail In the account agreement (including all documents incorporated therein) governing the Account, as amended from time to time The Corporation shall grant a security interest to such additional entities as may be specified in that account agreement and any additional agreements for the types of services as designated by the Corporation's corporate officers from time to time 3) The Corporation is authorized to use the Account and services offered by UBS PaineWebber to (a) sell short, (b) trade on margin, (c) borrow and/or obtain credit (including all manner of credits and/or letters of credit) from time to time from UBS PaineWebber and guarantee obligations of others to UBS PaineWebber, in United States dollars or any foreign currency and (d) pledge, mortgage, assign or December 3~ 2002 5 Southold Town Board subject to a security interest or lien any property of any sort of the Corporation as security for any liability of the Corporation 4) Each of the corporate officers named in the spaces below (each, together with persons designated under resolution number 5 below, hereinafter called an "Authorized Person") are authorized individually, without counter signature or co-signature, to act on behalf of the Corporation to (a) open the Account and, with respect to the Account, to execute on behalf of the Corporation any and all relevant documents, and to deal with UBS PaineWebber in connection with all aspects of the Account, with no limits as to amount, (b) obtain all such services as UBS PaineWebber shall offer, including but not limited to the services set forth under resolution number 6 below and to purchase and sell and enter into any transaction whatsoever In connection with the Account and the Property therein and (c) bind the Corporation in respect of any agreements entered into pursuant to clause (a) or (b) of this fourth resolution. Supervisor Joshua Y. Horton Deputy Supervisor John M. Romanelli 5) The Authorized Persons acting as above specified are authorized to appoint one or more attorneys- in-fact or agents to act on behalf of the Corporation in the same capacity as set forth under resolution number 4 above, and are authorized to execute and deliver to UBS PaineWebber any powers of attorney or other documents to effect or evidence such appointment 6) UBS PaineWebber is authorized, but not obligated, to deal with each Authorized Person individually, as follows, subject to the Corporation having completed documentation relating to the relevant products and services and subject to UBS PaineWebber policy and practice as in effect from time to time. a) to accept all orders for purchases and sales and all instructions of any nature whatsoever in connection with the Account given verbally, in writing, or via electronic communications by him or her on behalf of the Corporation, as the action of the Corporation without limit or further inquiry as to his or her authority or the validity or legality of such actions under any and all laws, rules and regulations applicable to the Corporation and the conduct of its business and affairs: b) to receive any funds, securities or other property for the account of the Corporation; to receive drafts, checks or other funds or property delivered to it for deposit for the account of the Corporation, whether or not endorsed with the name of the Corporation by rubber stamp, facsimile, mechanical, manual or other signature, and any such endorsement by whomsoever affixed shall be the endorsement of the Corporation, or otherwise endorsed, or unendorsed, provided that if any such item shall bear, or be accompanied by directions (by whomsoever made) for deposit to a specific account, then such deposit shall be to such specific account; and to honor written instructions from each Authorized Person to deliver either in bearer form, in street certificates, in any names or in any other manner any funds, securities or other property held for the account of the Corporation; c) to extend loans and letters of credit in connection with the maintenance of a margin account, loan account or other credit facility for the Corporation; d) to effect MasterCard® transactions in connection with the Account, including but not limited to use of the Platinum MasterCardTM or MasterCard Business Card®; e) to honor written instructions from each Authorized Person to write checks, drafts, instruments, instructions or orders for the payment or withdrawal of funds drawn on the Account or payable to the order of the Corporation and bearing the signature or signatures now or hereafter authorized by the Corporation without limit as to amount, without inquiry and without regard to its application or that of its proceeds, including drafts, checks, instruments, instructions or orders for the payment or withdrawal of funds drawn or endorsed to the order of or in favor of any person whose signature appears thereon or any other officer or officers or agent or agents of the Corporation which may be deposited with or delivered or transferred to UBS PaineWebber, or to any other person, firm or corporation for the personal credit or account of any such officer or agent, and shall not be liable for any disposition which any such officer or agent shall make of all or any party of any draft, check, instrument, Instruction or order for the payment or withdrawal of funds drawn on the Account or payable to the order of the Corporation or the proceeds thereof, notwithstanding that such disposition may be for the personal account or benefit or in payment of the individual obligation of any such officer or agent to UBS PaineWebber, or otherwise; and to send all confirmations, notices, demands, statements and other communications to the Authorized Person and to the Corporation, attention. December 3~ 2002 6 Southold Town Board Joshua Y. Horton, Supervisor, PO Box 1179, Southold, NY 11971 f) to open deposit accounts in foreign currencies with any depositary to purchase, sell, transfer, or dispose of for present or future delivery foreign moneys, credits or exchange on deposit or otherwise and all manner of instruments representative thereof by endorsement I)( otherwise, and to execute and deliver any agreements or instruments relating to any such transactions; g) to provide any and all investment management and advisory services that UBS PaineWebber now or hereafter provides (including without limitation ACCESSsM, Managed Accounts Consulting, the Portfolio Management Program CPMP"), SELECTIONSsM, PACEsM SelectAdvisor and PACE MultiAdvisor) and to delegate discretion to UBS PaineWebber or to a subadvisor in connection with any of the above services; and h) to act, in effecting any of the aforesaid transactions, upon instructions contained in any message received by it, transmitted by any form or agency or communication whatsoever, which UBS PaineWebber believes in good faith to have been originated by an Authorized Person acting as above specified 7) Any withdrawals of money, check writing, MasterCard purchases and other non-brokerage transactions including but not limited to any borrowings, obtaining letters of credit and other types of credit facilities made from time to time on behalf of the Corporation with UBS PaineWebber are hereby ratified, confirmed and approved. 8) UBS PaineWebber is authorized to rely upon the authority conferred by these resolutions until UBS PaineWebber receives a certified copy of resolutions of the Corporation's Board of Directors revoking or modifying these resolutions. In the event that UBS PaineWebber, for any reason, is uncertain as to the continuing effectiveness of the authority conferred by these resolutions or any other resolutions of the Corporation, UBS PaineWebber may refrain from taking any action with respect to the Account until such time as it is satisfied as to its authority and UBS PaineWebber shall be indemnified against and held harmless from any claims, demands, expenses, loss or damage, including legal fees and costs, resulting from or arising out of its refraining from taking any action 9) In consideration of UBS PaineWebber acting In reliance upon the foregoing resolutions and the succeeding resolutions, it shall be fully protected in so acting and the Corporation agrees to indemnify and save harmless UBS PaineWebber from and against any and all loss, damage, liability, claims and expenses whatsoever arising by reason of its so acting ATTENTION TRANSFER A GENT 10) Any Authorized Person is fully authorized and empowered to transfer, convert, endorse, sell, assign, set over and deliver any and all shares of stocks, bonds, debentures, notes, subscription warrants, stock purchase warrants, evidence of indebtedness, or other securities now or hereafter standing in the name of or owned by the Corporation, and to make, execute and deliver, under the corporate seal of the Corporation or otherwise, any and all written instruments of assignment and transfer necessary or proper to effectuate the authority hereby conferred 11) Whenever there shall be annexed to any instrument of assignment and transfer, executed pursuant to and in accordance with the foregoing resolution, a certificate of the Secretary or an Assistant Secretary of the Corporation in office at the date of such certificate and such certificate shall set forth these resolutions and shall state that these resolutions are in full force and effect, and shall also set forlh the names of the persons who are then officers of the Corporation, then all persons to whom such instrument with the annexed certificate shall thereafter come, shall be entitled, without further inquiry or investigation and regardless of the date of such certificate, to assume and to act in reliance upon the assumption that the shares of stock or other securities named In such instrument were theretofore duly and properly transferred, endorsed, sold, assigned, set over and delivered by the Corporation, and that with respect to such securities the authority of these resolutions and of such officers is still in full force and effect. 12) The Secretary or an Assistant Secretary of the Corporation Is authorized and directed to certify to UBS PaineWebber. a) that these resolutions have been duly adopted, are in full force and effect and are in accordance with the provisions of applicable law and regulation and the charter and by-laws of the Corporation; b) the identities of the Corporation's Authorized Persons and, from time to time hereafter, such changes as may occur in the identities of such Authorized Persons as such changes are made; and c) that UBS PaineWebber shall be fully protected in relying on such certifications of the Secretary or Assistant Secretary and shall be indemnified and saved harmless from any and all loss, damage, liability, claims and expenses whatsoever resulting from honoring the December 3~ 2002 7 Southold Town Board signature of any Authorized Person so certified or refusing to honor any signature not so certified. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #789 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Nicholas Kastanias as a part-time Food Service Worker at the Human Resource Center, at the rate of $9.65 per hour, effective December 20, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #79O Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby increases the hours of Terry Schneider~ Senior Citizen Aide II for the Adult Day Care Program at the Southold Town Human Resource Center~ from 17-1/2 to 35 hours per week effective immediately through mid-January until the return of a full time Home Health Aide on a medical leave of absence. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #791 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence for a Home Health Aide, commencing with her last day of actual work on Friday, October 25th, 2002, through mid-January 2003, utilizing her sick, vacation, compensatory and personal time, as accrued up to October 25, 2002; and be it further RESOLVED that the effective date of said Aide's leave without pay under FMLA, for surgery and 8- 10 week recuperation period, is October 28, 2002, and will remain on the Town's group health insurance at no cost to the employee from this date through and including January 19, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #792 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints O'Connor Clarke and Leonard Frosina to the position of volunteer Minibus Drivers for the Human Resource Center to serve as back up drivers as needed for senior transportation and for the home delivered meal program. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #793 Moved by Councilman Moore, 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 irrevocably release and discharge the Town of Southold from the Inter-Municipal Agreement entered into with the Town of Huntington, subject to approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #794 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island Group Administratiom Inc. to pay the medical bill of the spouse of Southold Town retiree~ to December 3~ 2002 8 Southold Town Board Manhasset Diagnostic Imaging in the amount of $1,950.00, which bill was submitted more than 30 days after services were provided. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #795 Moved by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intention to retire from John O. Goodwin from his position as Construction Equipment Operator with the Town's Landfill Department effective December 2, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #796 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Dorothy Chituk to the position of Clerk in the office of the Receiver of Taxes at an hourly rate of $11.05, effective December 2, 2002, and be it further RESOLVED that the Town Board of the Town of Southold hereby releases Rosina Suglia from the position of Deputy Receiver of Taxes effective November 30~ 2002 and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Dorothy Chituk to the position of Deputy Receiver of Taxes with a stipend of $1~048 per annum, effective December 1, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #797 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville~ to advertise for bids for the purchase of {1) new mechanical combination dump/spreader truck body and snowplow push-frame and hoist for the Southold Town Highway Department. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #798 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 Sea Coast Petroleum Products~ Inc. at a price of $.08990 per gallon over the Tosco Reseller Rack Price~ for supplying the Town of Southold with Diesel Fuel for the 2003 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #799 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $.1500 per gallon over the Tosco Reseller Rack Price~ for supplying the Town of Southold with Heating Fuel Oil for the 2003 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #800 Moved by Councilman Richter, seconded by Councilman Moore, it was December 3~ 2002 9 Southold Town Board RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $.1300 per gallon over the Tosco Reseller Rack Price~ for supplying the Town of Southold with Unleaded and Unleaded Plus Gasoline for the 2003 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #801 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East Coast Mines & Materials Corp. at a price of $8.39 per yard~ for supplying the Town of Southold with Screened Sand for ice control for the 2003 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #802 Moved by Justice Evans, seconded by Councilman Richter, it was WHEREAS there were no bids received for the 2003 Bulk Salt for ice control bid for the Southold Town Highway Department, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for same. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O3 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Charles Greenblatt Inc. for furnishing to the Town of Southold Police Department Uniform Clothing for the calendar year 2003, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O4 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an acknowledge of receipt and understanding of changes made to the PERMA b¥-laws~ Program Agreement and Coverage Documents as approved by the PERMA Board of Directors, said acknowledgement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #805 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Meridiam Inc. for the removal of scrap tires from the Landfill for the 2003 calendar year, all in accordance with bid specifications, and the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O6 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS the Town Board of the Town of Southold received no bids for the following surplus Law books: New York Reports - Court of Appeals - 2nd Series Volumes 1 - 85 1956-1996 December 3~ 2002 10 Southold Town Board Appellate Division Reports - Supreme Court, New York-2nd Series Volumes 1 - 213 1956- 1996 Miscellaneous Reports - New York - 2nd Series Volumes 10164 1956- 1995 and WHEREAS none of the local libraries were interested in receiving them as donations, now therefore be it 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 Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O7 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to advertise for bids for the supply and installation of a new mechanical system to service the Southold Town Hall. Items covered in this proposal shall include but not be limited to; boilers, circulators, pumps, piping and fittings, within the existing boiler room at Southold Town Hall, in accordance with the plans and specifications prepared by James Richter, Southold Town Engineering Department. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #808 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Vickie DeFriest to the position of Seasonal Account Clerk in the Tax Receiver's office at a salary of $10.85 per hour, effective December 9, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8O9 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: TO: A.6772.4.400.650 A.6772.4.100.500 A.6772.4.100.200 FROM: A.6772.1.200.100 Programs for the Aging Contracted Services Vehicle Maintenance & Repairs Programs for the Aging Contractual Expense Motor Vehicle Parts & Supplies Programs for the Aging Contractual Expense Gasoline & Oil $ 2000.00 $ 3000.00 $1900.00 Programs for the Aging $ 6900.00 Personnel Services Part Time Employees Earnings Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #810 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Emergency Preparedness 2002 budget as follows: December 3~ 2002 11 Southold Town Board TO: A.3640.2.500.700 FROM: A.3020.4.200.100 Vote of the Town Board: Communications Equip. $152.00 Telephone $152.00 Aye: Councilman Wickham, Councilman Richter, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Moore, #811 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED, that the Town Board of the Town of Southold hereby accepts the bids of Landmark Foods for the Southold Town Human Resource Center Nutrition Program for the term of December 2002 through March 31, 2003~ following items: Item Numbers: 11, 12, 13, 15, 19, 21, 22, 23, 57, 58, 59, 61, 62, 63, 64, 65, 69, 70, 75, 80, 123, 124, 125, 126, 127, 130, 133, 137, 138, 157, 158, 161, 162, 163, 165, 172, 175, 176, 204, 208, 214, 215, 216, 219, 237, 238, 241, 304,305,317,318,319,323,324,325,326, 350, 354, 355, 357, 359, 360, 361,364, 367, 396, 397, 398, 399, 402, 403, 404, 413, 417, 446, 447, 450, 451,456, 458, 460, 461,462, all in accordance with the bid specifications for the 24,25,26,27,39,40,41,42,43,45,46,47,49,55,56, 83, 90, 91, 96, 102, 103, 106, 109, 114, 116, 117, 120, 141, 143, 144, 147, 148, 150, 151, 152, 154, 155, 156, 178, 183, 188, 191, 243, 252, 255, 265, 328,329,331,333, 372, 378, 381,382, 419, 422, 424, 425, 463, 464, 466, 468, 192, 194, 195, 196, 198, 199, 203, 280, 283, 284, 287, 288, 298, 303, 334,339,342,346,347,348,349, 385, 386, 387, 389, 390, 392, 395, 427, 437, 438, 440, 442, 443, 444, 470, 471,472, 474, 476, 477, 478, 480, 481,482, 483, 484, 490, 492, 495, 500, 501,506, 507, 508, 509, 511,513, 515, 517, 518, 519, 520, 521,522, 525, 526, 527, 529, 530, 532, 533. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #812 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED, that the Town Board of the Town of Southold hereby accepts the bids of Rob's Food Service for the Southold Town Human Resource Center Nutrition Program for the term of December 2002 through March 31, 2003, all in accordance with the bid specifications for the following items: Item Numbers: 1, 2, 3, 4, 5, 6, 7, 9, 10, 14, 16, 17, 18, 28, 29, 30, 31, 35, 44, 48, 50, 51, 53, 54, 60, 71, 73, 74, 78, 89, 173, 174, 179, 225, 226, 230, 231, 267, 269, 271,272, 301, 302, 307, 308, 352, 358, 362, 365, 426, 428, 429, 431, 93, 94, 95, 98, 105, 107, 108, 180, 184, 185, 186, 187, 190, 232, 234, 235, 236, 242, 275, 276, 277, 278, 281, 309,310,311,313,321, 366, 368, 369, 370, 371, 459, 465, 473, 491,493, 118, 122, 128, 129, 197, 201,202, 209, 244, 246, 247, 249, 282, 286, 289, 290, 322,327,330,335, 373, 374, 375, 376, 494, 496, 498, 499, 139, 140, 146, 153, 164, 166, 169, 212, 213, 218, 220, 221,222, 224, 250, 251,253, 258, 260, 264, 266, 291,292, 294, 295, 296, 299, 300, 337,338,340,343,344,345,351, 380, 384, 388, 393, 394, 409, 410, 502, 503, 504, 505, 507, 509, 510, 512, 514, 516, 524, 528. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Moore, #813 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED, that the Town Board of the Town of Southold hereby accepts the bids of J. Kings Food Services for the Southold Town Human Resource Center Nutrition Program for the term of December 2002 through March 31, 2003, all in accordance with the bid specifications for the following items: Item Numbers: 8, 20, 32, 33, 34, 36, 37, 38, 66, 67, 68, 78, 79, 81, 84, 85, 87, 88, 92, 97, 99, 100, 101, 104, 110, 111, 181, 182, 189, 259, 261,262, 379, 383, 391, 434, 435, 436, 489,497,531. 112, 115, 119, 121, 131, 132, 134, 135, 136, 142, 145, 159, 160, 167, 168, 170, 171, 193, 200, 205, 210, 211,217, 223, 227, 228, 229, 233, 239, 245, 248, 254, 256, 257, 268, 270, 274, 279, 285, 293, 297, 306, 312, 314, 315, 320, 332, 336, 341,353, 363, 400, 401,405, 406, 407, 408, 411,414, 415, 416, 418, 420, 421,423, 430, 432, 433, 439, 441,445, 448, 449, 452, 453, 454, 455, 467, 469, 475, 479, 485, 486, 487, 488, December 3~ 2002 12 Southold Town Board Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #814 Moved by Justice Evans, 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.6772.2.100.100 From: A.6772.1.200.100 Vote of the Town Board: Programs for the Aging Equipment Adult Day Care Furniture $ 5472.00 Programs for the Aging Personnel Services Part Time Employee Earnings $ 5472.00 Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #815 Moved by Councilman Wickham, seconded by Councilman Moore, it was WHEREAS, the Town Board of the Town of Southold wishes to purchase the property identified as SCTM# 1000-53-2-5, located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport, comprising approximately 2.3 acres at the purchase price of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold; and WHEREAS, the Waldron property is within the Pipes Cove area of Southold Town. The Pipes Cove area comprises approximately 140 acres, and has been identified as a priority area for preservation. The tidal wetlands constitute the largest, relatively undisturbed salt marsh habitat within Southold Town. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #816 Moved by Councilman Richter, seconded by Justice Evans, it was WHEREAS, the Town Board of the Town of Southold wishes to accept the gift of a conservation easement from Frances Nielsen, for open space preservation purposes in accordance with Chapter 59 of the Town Code. The conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state, and the remainder of the property is limited to no more then the existing single family residence with appurtenant structures and improvements. The property is known as SCTM#1000-5-1-8 and is located on Fishers Island, within the Fisher's Island Development Corporation subdivision (Lots Numbered Block 8: Lots 6, 6A, 7 and 8). The exact area of the conservation easement to be gifted is subject to a survey. The total price will be acquisition costs associated with transfer of title of the easement to be gifted; be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further December 3~ 2002 13 Southold Town Board RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #817 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby retains Lisa Clare Kombrink~ Esq. with respect to legal work on a proposed Rural Incentive District and Subdivision Code Amendments such work to be in connection with the Comprehensive Implementation Plan as part of the Moratorium work pursuant the written proposal dated October 7, 2002 (submitted by Lisa Kombrink) the work not to exceed $17,000.00. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #818 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the consultant firm of Nelsom Pope & Voorhis to conduct a SEQRA Review of the Elizabeth Field Airport Proiect, which consists of an engineering design for an apron and access taxiway at said airport, said project to be funded by a grant from the Federal Aviation Administration (FAA) in the amount of $99,000, the New York State Department of Transportation in the amount of $5,500, and the Town in the amount of $5,500. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We are about to commence 5 public hearings that we will be having here this evening. The first one is at 5:00 and it is a hearing on Perino/Nastasi application for a moratorium waiver. JOAN EGAN: Excuse me, Mr. Horton. I have to go to the doctor's. Can I do what I need to do and leave or should I wait? SUPERVISOR HORTON: Well, actually Mrs. Egan, I don't mean to inconvenience you but we are about to commence these public hearings that are set for specific times and addressing the Board at this point is in relation to specific public hearings. JOAN EGAN: Well, then I will only say one word to most of the Board members and that is sorrow, that you were ever voted in. Goodbye. SUPERVISOR HORTON: Have a good evening, Mrs. Egan. Thank-you. Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M. for the matter of five (5) public hearings. (1.) HEARING ON THE APPLICATION OF PERINO/NASTASI FOR A MORATORIUM WAIVER REQUEST; (2.) HEARING ON THE APPLICATION FOR THE MINOR SUBDIVISION AT OLD ORCHARD FOR A MORATORIUM WAIVER REQUEST; (3.) HEARING ON THE APPLICATION FOR THE MINOR SUBDIVISION AT ALVAH'S LAND FOR A MORATORIUM WAIVER REQUEST; (4.) HEARING ON THE ACQUISITION BY GIFT OF A CONSERVATION EASEMENT OF FRANCES NIELSEN. SCTM#1000-5-1-8 AND (5.) HEARING ON THE PURCHASE OF PROPERTY OF STEPHANIE WALDRON, SCTM #1000-53-2-5. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. December 3~ 2002 14 Southold Town Board SUPERVISOR HORTON: On these three public hearings (the moratorium waivers) the Board has elected to not take action on them this evening. We will do so at the next Town Board meeting. The next Town Board meeting is scheduled for December 17 at 7:30 P.M. so we will take action on these requests for waivers at that time. The next meeting, December 17 at 7:30, they will be on the printed agenda. The Town Board would like to take the next couple of weeks to review the, while it was limited public comment, take the public comment as well as the input from the Planning Department and review that more closely and we will be ready to make a decision in two weeks. Thank-you. The meeting was reconvened at 5:29 P.M. SUPERVISOR HORTON: That was the end of our public hearings. We have no more public hearings on the docket for this evening but we do have two more resolutions to complete so will move forward with those resolutions. #819 Moved by Justice Evans, seconded by Councilman Wickham, it was WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of a conservation easement on property owned by Frances Nielsen, for open space preservation purposes in accordance with Chapter 59 (Open Space Preservation) of the Town Code, on the 3rd day of December, 2002, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the property is known as SCTM#1000-5-1-8 and is located on Fishers Island, within the Fisher's Island Development Corporation subdivision (Lots Numbered Block 8: Lots 6, 6A, 7 and 8); and WHEREAS, the conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state, and the remainder of the property is limited to no more then 1 single family residence with appurtenant structures and improvements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accept the offer of the gift of the conservation easement for open space preservation purposes, in accordance with Chapter 59 of the Town Code; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to accept the gift of a conservation easement from Frances Nielsem for open space preservation purposes in accordance with Chapter 59 of the Town Code. The conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state, and the remainder of the property is limited to no more then the existing single family residence with appurtenant structures and improvements. The property is known as SCTM#1000-5-1-8 and is located on Fishers Island, within the Fisher's Island Development Corporation subdivision (Lots Numbered Block 8: Lots 6, 6A, 7 and 8). The exact area of the conservation easement to be gifted is subject to a survey. The total price will be acquisition costs associated with transfer of title of the easement to be gifted. JUSTICE EVANS: Thank you very much to the Nielsens. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #82O Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of property of Stephanie Waldron on the 3rd day of December 2002, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-53-2-5 and is located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport; and WHEREAS, the proposed acquisition is for approximately 2.3 acres (subject to survey); and WHEREAS, the Waldron property is within the Pipes Cove area of Southold Town. The Pipes Cove area comprises approximately 140 acres, and has been identified as a priority area for preservation. The tidal wetlands constitute the largest, relatively undisturbed salt marsh habitat within Southold Town. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and December 3~ 2002 15 Southold Town Board WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space preservation purposes; and WHEREAS, the purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property identified as SCTM# 1000-53-2-5, located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport, comprising approximately 2.3 acres at the purchase price of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold. The Waldron property is located within the Pipes Cove area of Southold Town. Properties within this area are included in a pending grant proposal made to the National Coastal Wetlands Grant Program titled; Peconic Estuary Critical Lands Acquisition: Pipes Cove focus Area. Funding for some of the parcels within the focus area may come from the grant should it be awarded. SUPERVISOR HORTON: One thing that ! wanted to point out while the chart was up, was what is so special about the Pipes Cove estuary is very similar to what is so special about all watersheds that are undeveloped and as particularly laden with the type of soil and reeds and so forth that are there, you notice that the Main Road into Greenport runs right past that and on the other side of the Main Road, north of the Main Road, is yet more wetlands and also wooded area and what that provides is more or less a natural filter system. And that is why it is important to keep that as pristine as possible. When we talk about protecting the entire Peconic Estuary it starts actually upland of the high and low water mark, you know it starts upland and inland of our beaches so this particular system is a really valuable sponge or filter system for the Peconic Estuary. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: Just to bring the Board up to speed, there was a, we were going to have on the agenda to refer the hamlet business and business but the Assistant Town Attorney Finnegan asked that we hold that until she confers with the Code Committee and gets everything complete. That does complete the reading and voting on the resolutions. If anyone would care to address the Town Board on town related business. FRANK CARL1N: Frank Carlin, Laurel. Good evening, ladies and gentlemen of the Board. This reminds me of 30 years ago, when ! used to make Town Board meetings, no TV, in fact they didn't even have a podium. You used to have to put your stuff on a chair here. ! am also happy because my friend, Tim Kelly is here with us this evening. SUPERVISOR HORTON: Was he here 30 years ago? FRANK CARL1N: No, he wasn't here 30 years ago. ! goofed up last Board meeting we had with the public hearing on the landfill. ! went to Foxwoods. ! made a mistake taking the 6:00 boat back and ! couldn't make the meeting. But everything everyone said at that meeting, ! agree with 100%. ! want to say one thing about the landfill tonight. ! am only going to say one item. The rest ! am going to put in writing in more detail because ! don't have the time tonight. Back in 1990, the regional director Ray Carlin ordered the landfill to be closed and padlocked by the State Police. However, unfortunately this never happened. ! feel that if it had happened, we wouldn't be facing the problem we have today after 12 years. That is all ! am going to say on that because ! am going to cover this more in writing, more in detail. One thing ! want to mention to the Board, John Romanelli is not here tonight, about the building over here on Young's Avenue. About purchasing for the Town Hall. Now, ! mentioned this to Supervisor Cochran and ! have been mentioning this for five years, for this Town Board to buy that building for Town Hall. It is ideal for the Town Hall. It is brick, no external maintenance, it has a nice parking field, it is ideal for it. Sooner or later you are going to be building another Town Hall or remodeling. So here you have one over there and the excuse was given to me a couple of times, well it is being rented or occupied, whatever it was. But that is a good opportunity for the Town Board to look into and don't miss out on it. Somebody said to me, we don't want the Town Board mis-located from the Main Road, historical, that doesn't make any difference where a Town Board is located. The main importance of a Town Board is how it is operated, not where it is located. That is a good opportunity. It might take some modifications but that is just nice for the Town Hall. Right now, you are divided. You have a building in Feather Hill that you are spending $2,000 a month for. That is $24,000 per year. You have to have a Town Hall together. Don't let this one go, ladies and gentlemen. It is a good opportunity. It is made for a Town Hall. Sooner or later, you are going to December 3~ 2002 16 Southold Town Board have to do something. Believe me. The Transportation Committee had an article in the paper the other day about a couple of suggestions. And one was, to speed up the Long Island Rail Road train to 75mph. Why is it everybody I see is always in a hurry to go someplace. They go by my house like they are on a racetrack. What is the difference if they get to New York on the train a half hour later than going 75mph? But they forgot one thing, is that the people who live close to the railroad tracks. The vibration. I know, I live there. When that train goes by your house and it doesn't go no 75mph, it slows down because it is the law that it has to slow down before it goes through the bridge. My house vibrates. Now it has cracks on my walls and my ceiling. They overlooked that. So what is going to happen, if the train goes 75mph? Would you please tell them to review that fact from me? From Frank Carlin to the Transportation Committee. Please tell them that. Gentlemen, ladies of the Board, when they do a research you do it completely. I got one more thing I have to say and I have to say this. We don't have no TV camera here. People always said that I come to Town Board meetings because there is a TV camera here. I have been coming to Town Board meetings for 40 years, they had no TV camera here. I remember the Town Hall when it was in Greenport on South Street. But anyway. I got to say it the way it is. Mr. Tom Wickham, I have seen you in the past make all kinds of statements but I have never seen you make one like you made at the last public hearing. To the people at the landfill. When you suggested to them to move. In my opinion, that is ludicrous. What were you really trying to do? Trying to look for an easier way out? Mr. Wickham, before you pick up the phone, I mean the mike, there is no easy way out from this solution. The only easy way out of this solution is by using my three step method. Logic, common sense and reasoning. What have you got to say for yourself?. COUNCILMAN WICKHAM: I also have three steps. The first step is that any person and family living in that area should be accorded full protection of the town to provide them with the full health, security, welfare that the town would afford any other residents. The second step is that any business that would be established up there would have to take into account, the residences so that it not impact negatively on them. And the third step is, if after all that is said and done, if there were a family or two that wanted to relocate, on their volition-not being pressed, not being pushed out. If there were a family or two that wanted to move, I would think that the town had ought to assist them in moving. That was the content of my comment. FRANK CARL1N: Mr. Wickham, you said all that last time at the public hearing. Although I wasn't here, I know what went on. You know these people don't want to move. They lived there for 60 years. That is their home. It is hard for people to move after 60 years. And I want to ask you one final question because I don't want to drag this on. Like I mentioned to you when you were the Supervisor, I always wanted to debate you one on one but you never would, if you was told that your farm, the water was contaminated, would you move? Or would you want to move? I don't hear no answer. COUNCILMAN WICKHAM: The people in that community have fine water now. FRANK CARL1N: Well, when you read what I am going to put in writing, I don't know. COUNCILMAN WICKHAM: I will look forward to getting it. FRANK CARL1N: I hope it gets there. And now, I want to speak a little bit on the Animal Shelter, which I love very much. I want to ask Bill Moore: how do we stand right now, as far as the financial part? How much money is total in the pot? COUNCILMAN MOORE: The pot has $1,000,000 in it. FRANK CARL1N: Beautiful. We are on our way. COUNCILMAN MOORE: Getting there. FRANK CARLIN: Good. And I want to mention, like I mentioned I think a month ago, that this Foundation, this $outhold Raynor Animal Shelter Foundation is the only one authorized to receive donations. And it should be the only one to receive donations. COUNCILMAN MOORE: And in fact, they received another one from the now deceased Mr. Raynor as part of his estate. I don't know if the Board was aware of that. FRANK CARL1N: It was $50,000. December 3~ 2002 17 Southold Town Board COUNCILMAN MOORE: It was $58,000. FRANK CARLIN: $58,000. Terrific. I want to say that the people who supported this, who are supporting it along with the late Mr. Raynor, $outhold Town Board, everyone who has an interest in this is doing a very fine job. And I'll look for it and it will be built and when it gets built the town is going to be proud to see this Animal Shelter. But there is one more thing, to run a shelter or any business, you can't have two vice-presidents, two presidents. I think you know what I am going to say here. Two presidents, you have to have only one. Because people get confused about what is going on, I might be going to deep for you to realize what I am trying to say. COUNCILMAN MOORE: Hard to believe but it is true. FRANK CARLIN: You know what I am saying? COUNCILMAN MOORE: Nope. You lost me somewhere Frank, I am sorry. FRANK CARL1N: Do you know, Rick what I am trying to say? COUNCILMAN RICHTER: I got you. FRANK CARL1N: He got me. Tell him when I go home, will you? COUNCILMAN RICHTER: I will. FRANK CARLIN: Thanks. SUPERVISOR HORTON: Thanks, Mr. Carlin. Have a good evening. Would anyone else care to address the Town Board? GUNTHER GEISS: Supervisor Horton, ladies and gentlemen of the Board. I want to bring to your attention an issue related to the North Fork Animal Welfare League. SUPERVISOR HORTON: Mr. Geiss, I don't mean to interrupt but before you get started, your name and place of residence for the record. GUNTHER GEISS: Gunther Geiss, Southold. I want to bring to your attention an issue regarding the North Fork Animal Welfare League which you all know is the operator of the town Animal Shelter. They are going to be celebrating their 40th anniversary next July and they have been operating the shelter for approximately 20 some years. Last spring, my wife and I and a group including Frank Carlin, petitioned to be elected-or at least have the opportunity to be elected to the Board of that League and that petition was summarily rejected and as a consequence my wife and I initiated suit in State Supreme Court to have a decision as to whether or not our nominations were in fact valid and whether in fact the request that we had made under the bylaws of New York State law for the records of the North Fork Animal Welfare League, the membership list, the meeting minutes of Board meetings and member meetings and their audited financials should be available to us. And I am happy to say that yesterday in State Supreme Court, Central Islip, we came to an agreement with the North Fork Animal Welfare League. I have a prepared statement, which I will ask Ms. Neville to enter into the record and I won't bother reading it to you but essentially the settlement is one in which there will be an election on February 8, all members of record as of December 2 will be eligible to vote and we hope that each and every one of the over 500 members will take that opportunity and there will be an election of seven directors chosen among 14, the seven on our slate and seven to be chosen by the current Board of the North Fork Animal Welfare League. Three current directors who are not standing for re-election will continue pending a decision on whether we challenge their election which we suspect was invalid because of inadequate votes. During the six years that Anna Cosimano has been President we have discovered through the process of the court case, there has never been a legitimate quorum. So the bylaws, changes and the elections that they held are likely to be ruled invalid were they put to the test of the court. Judge Tannenbaum who supervised the settlement said that he would only rule on those issues that we had raised in the petition, not those issues that had been discovered in process and invited us to come back if we chose to litigate those other issues. The main point is there will be an opportunity for the members of the Society to elect a new Board in a competitive and free and open election and we hope they all take that opportunity to participate and I bring it to your attention as you know, because it may reflect a change in leadership in a contractor to the Town. December 3~ 2002 18 Southold Town Board SUPERVISOR HORTON: Thank-you, Mr. Geiss. Would anyone else care to address the Town Board on town related business? DON WAGNER: Good evening, I am Don Wagner from Route 48 in Southold. And that is the subject that I would like to discuss very briefly with you. As you know, I have been concerned about the poor condition of Route 48 between Horton Lane and Boisseau. And it has not been, no action has been taken. However, I started this in August, I sent a letter to all the powers that be and I received a second follow-up from County Executive Gaffney in which he said, 'As you know, I contacted Charles Bartha, the Commissioner of Public Works, I was pleased to learn from Mr. Bartha that the issue is being evaluated by the Pavement Management staff and a improvement should be forthcoming.' What a song and dance. Because nothing has been done and I have been in touch with the engineer who is directly involved and he still has the problem-no money in the Capital budget. He has assured me that he will make every effort to do it in the spring but we have the whole winter to go through now and we are not going to get any relief. So along these lines because of two other problems with Route 48 traffic wise, as you know everybody from West Suffolk and Nassau comes out to Orient to take the ferry to Foxwood and in the summertime, the biggest surprise to me was that people in the Hamptons can't get across the Shinnecock Canal on the Sunrise Highway bridge because of traffic jams so many of the people come out North Road and they take the ferry to Shelter Island and the South Ferry over to Sag Harbor to get to the Hamptons. Now, this is amazing and it is wear and tear on Southold. None of these people spend any money, to the best of my knowledge, in the Town of Southold to help the town, all they are doing is using up our roads and the traffic jams in the summertime is bad. So I would like to recommend that the Town right now, since I believe that the Town has the power to control speed limits, to reduce the speed limit on Route 48, particularly through the area that I am discussing here, Horton to Boisseau, and enforce the speed limit. Reduce the speed limit to maybe 35 mph and enforce it. Even if you have to put another patrolman on the staff, on the Police Department, the fines could more than pay for themselves and what we have to do is convince some of these other towns who are not cooperating at all, East Hampton as you know has refused to accept the ferry, so far the Town of Brookhaven has not seen fit to run a ferry out of the old Shoreham power plant there which would eliminate all of this traffic and another possibility would be to run a ferry out of the Southampton portion of Riverhead either Flanders area there, a ferry over to the Noyack Road or North Sea Road in Southampton to eliminate all this traffic here that is coming out on the North Fork. They are just passing through and so I would like to recommend that the Town Board at least reduce the speed limit and enforce it to help the Town financially and also let these people know that maybe we better start the ferry out of Shoreham or maybe we better, in the summertime, get the ferry going from Flanders area there. So anything you can do along these lines, I appreciate. Thank-you. SUPERVISOR HORTON: Thank-you, Mr. Wagner. Will do. Would anyone else care to address the Town Board on town related issues, town related business? FRANK CARL1N: I have one more remark to make to Mr. Wickham, I overlooked it before. When he said they now have good water. Sure they have good water now, Suffolk County Water is in there. But did they have it all the years before that? SUPERVISOR HORTON: Thank-you, Mr. Carlin. Are there any other comments from the public? (No response) With that we will close the meeting. Moved by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be adjourned at 5:50 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Moore, Elizabeth A. Neville Southold Town Clerk