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Home My WebLink AboutTB-01/07/2003 SOUTHOLD TOWN BOARD GENERAL MEETING January 7, 2003 4:30 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, January 7, 2003 at 4:30 P.M. at Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans (left after the reading of Resolution 25) Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR HORTON: Good Evening and welcome to the January 7 meeting of the Southold Town Board. Before we get started ! will review the usual protocol policies that ! review before every meeting and that is, if members of the public would care to address the Town Board on items related to the printed resolutions, that we will be voting on this evening; ! will offer the floor to the public to do so, prior to the reading and voting on those resolutions. If there are matters that you would like to address, Town related business, to the Board, ! will offer the floor to the public at a point after the reading of the resolutions. As well, we have a public hearing this evening that commences at 5:00 P.M., was scheduled to commence at 5:00. ! will also at the commencement of that public hearing, ! will offer the floor to the public to take public input. We ask that, as a matter of public record, when you do address the Board, you step to one of the two microphones placed at the front of the room, speak clearly into the microphone, stating your name and place of residence prior to addressing the Board. ! have a couple of things, there are several reports and public notices and communications that Southold Town Board 2 January 7, 2003 are available at the Town Clerk's office. The Town Clerk's office is open from 8:00 A.M. to 4:00 P.M., Monday through Friday, if you care to view those, stop by the Town Clerk's office and ask for them. As well, ! do have one piece of communication that ! would like to read and this is from Mr. Rick Constant and family. This is addressing the Human Resource center and the staff there. "Dear Mr. Horton, We want to take this opportunity to thank you for your stewardship and administration of a program that is dear to our heart. (Now the important part of this letter addresses the Human Resource center) Our father Ed, patriarch of the Constant family, 200 Village Lane, has been attending the Southold Adult Daycare Center and ! think it would be wise as the end of the year draws near to thank-you sincerely and personally for this fantastic program. And that is a thanks to the entire Town Board, of course and also those who administer this particular program, we thank them as well. It has done wonders for Ed, he feels that he is part of it. It is only fair to add that Mrs. McLaughlin, that is Karen McLaughlin and Mrs. Carol Betty and their staff have been doing marvelous work. We thank them for the caring and loving attitude. They are to be commended. It has been a trying time for Ed, age 87, between the recovery from his fractured leg and the trauma caused by Mr. Ehrlich and his construction. (And it refers to a piece of property on Village Lane) He can be very upset over the erosion decay (so on and so forth, in regard to the Orient Village entrance) Nevertheless, we all of us, the entire family of Ed Constant, thanks you personally and wish you and the entire Board as well as the staff of the Human Resource center a wonderful holiday." And we have several of these letters that come in in regard to the Human Resource center, a place that if you haven't stopped by, ! hope that you do visit because they are certainly a fantastic facility we offer here in Town. ! just wanted to take a brief minute and ! won't take too long on it but ! was not able to attend the public portion of the Organizational meeting and my Deputy Supervisor John Romanelli ran that meeting but ! just wanted to publicly thank and announce people who are new to Town Hall will be joining us on various Boards and Committees, to the Board of Assessment Review we welcome Mr. Daniel McConoglue; to the Agricultural Advisory Committee we welcome John Sepenoski and Doug Cooper; Americans With Disabilities Act Coordinator is now Lynn Richards; we have some additions to the Anti-Bias Task Force- Mr. Edwin Blesch, Jr., Adelina Gavilin, Catherine Casparic, Paula Bengston; we have to the Board of Ethics Mr. William Thompson; to the Conservation Advisory Council Don Wilder; George Solomon to the Employees Health Benefit Plan Board of Trustees; to the Landmark Preservation Commission we welcome Joel Rightman and Harry Haralambou; to the Parks Beaches and Recreation Committee we welcome Kim Prokop, Paula Croteau, Derek Bosson; and to the Police Advisory Committee we welcome Dave Bergen; Captain Tom Fox to the Transportation Commission and Chris Lyshahere to the Tree Committee. All these people ! personally interviewed with members of the Town Board and find them to be just exactly what we are looking for in regard to participating in Town government, highest quality and caliber of Southold Town residents. So thank you to them and welcome them aboard. As well, you know ! reappointed John Romanelli as my Deputy Supervisor and ! do so continuing to work in good faith, carrying on a non-partisan approach to the functioning and running of Town government. So John, thank-you for taking that up and accepting this position. COUNCILMAN ROMANELLI: My honor. SUPERVISOR HORTON: With that being said, we will move forward with the public meeting. Moved by Councilman Romanelli, 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 $282,844.01; General Fund Part Town bills in the amount of $12,143.35; Highway Southold Town Board 3 January 7, 2003 Fund Whole Town bills in the amount of $29,256.39; Highway Fund Part Town bills in the amount of $378,482.95; Landfill Cap and Closure bills in the amount of $1,138.88; Community Preservation Fund (2% tax) bills in the amount of $14,264.99; New London Terminal Project bills in the amount of $830.00; Compost Land Acquisition bills in the amount of $4,050.00; Fishers Island Ferry District bills in the amount of $24,369.14; Refuse and Garbage District bills in the amount of $47,956.78; Southold Wastewater District bills in the amount of $2,748.06; Fishers Island Ferry District Agency and Trust bills in the amount of $302.87 and Landfill Cap and Closure bills in the amount of $1,900.00. 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 Justice Evans, it was RESOLVED that the next Regular Town Board meeting of the Southold Town Board be held at 7:30 P.M. on Tuesday, January 21, 2003 at 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 Justice Evans, it was RESOLVED that the Southold Town Board hold a Work Session, Tuesday, January 14, 2003 at 9:00 A.M. at 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. Town Clerk's Monthly Report-December 2002 2. Town Clerk's Annual Report-2002 3. Recreation Department-December 2002 4. Police Department, Juvenile Aid Bureau-October 2002 5. Recreation Department-2002 6. Scavenger Waste Treatment Facility-December 2002 7. Southold Town Justice Court, Bruer-December 2002 II. PUBLIC NOTICES 1. County of Suffolk, Department of Public Works, notice of traffic signal to be placed at Cox Land and County Route 48, work anticipated to be performed in the spring of 2003. 2. NYS Department of Environmental Conservation Notice of Complete Application of Southold Town to use a 17-acre parcel adjacent to the existing Town Landfill for composting activity, located at the n/s of CR 48, East of Depot Lane, Cutchogue. Written comments by January 17, 2003. III. COMMUNICATIONS 1. Letter to Supervisor Horton from Rick Constant re thanks for Southold Adult Day Care Center and staff. Southold Town Board 4 January 7, 2003 SUPERVISOR HORTON: We will move forward with the program. At this point, I would like to offer the floor to any members of the public that would like to address the Town Board on the printed resolutions that are on the agenda. FRANK CARL1N: Good Evening, ladies and gentlemen of the Board. Frank Carlin, Laurel. I have seen this happen many times in my career here making Board meetings through the years. We used to have this years back and it seemed to work. Why can't you have both your Board meetings at 7:30 in the evening instead of one at 4:30? Because you don't have, ! don't even have the time to read all the resolutions. This way you give the working people the chance to make the Board meetings also. There is no reason why you can't have both of your Board meetings at 7:30 in the evening. ! come in here more than once at a Board meeting and ! have been coming for over 26 years or 27 years, whatever you want to say and every time ! come in here when it is afternoon and it is usually last minute and the agenda is being made up in a hurry and you don't get a chance to read it, it is not right. It doesn't seem right to me. If you have problems with your work sessions, well have your work sessions on a Monday and have your Board meetings on the Tuesday. If that is too much trouble for you, that's tough. SUPERVISOR HORTON: Mr. Carlin, actually ! am glad that you brought that up. That has been on my mind for a couple of months now and ! would be remiss in saying, if ! do not say that ! completely agree with you that perhaps we should move our meetings to 7:30 and that was something that ! intended to discuss with the Board and ! will take that up at the next work session. ! think it is certainly a good idea and would offer the general public better opportunity to come to Town Board meetings. On the printed agenda, the resolutions, would anyone care to address the Town Board? JOAN EGAN: Good Evening, everyone. Mr. Horton, Mrs. Neville, Mr. Yakaboski, Mr. Wickham, Mrs. Evans, Mr. Romanelli, Mr. Moore and over there in the corner Mr. Richter. This is ! think part of what you are going to be discussing later. These new bridges, there is going to be a new bridge erected now. According to what ! know, you can not use the creosote wood on these bridges any more. Is that correct, Mr. Horton? That is illegal. SUPERVISOR HORTON: ! don't know the answer to that. JOAN EGAN: ! do. It is illegal. Which then means that unless they can come up with something else before that bridge is erected, if you just have plain wood it may last maybe a year or two. Which will cost the Town a great deal of money unless they can get an exception to the rule and use the creosote wood which is ! believe illegal in water or our land. Now, also ! wanted to address the fact of the Detective Dzenknowski who is in charge of the Juvenile Aid Bureau, which is a very important post in our Town. Correct, Mr. Richter? Your head isn't falling off, is it? ! would like to read into the record a very important letter, which you have a copy of Mr. Horton. Which ! think you all should listen to very, very carefully. This letter is from myself and dated January 5, 2003. To Police Chief Ty Cochran, "Dear Chief, ! wish to thank and congratulate Detective Joseph Conway, not only for his perseverance but his kindness to me in the handling of these harassment calls and the semi-conclusion of such. The 14 year old boy who was brought to your station along with his mother needs a great deal of help. My own reaction to the news was of some relief but also one of sadness. That in his loneliness, he decided to employ his time in such a manner. Saint Agnes Church congregation prayed for him and all the lonely children in the area. This kind of loneliness can only lead to more Southold Town Board 5 January 7, 2003 destructive behavior. Please see that a copy of this letter is forwarded to his file and put in his file. Let me also take this opportunity to wish you and all the members of the Southold Police Department and their families a very Happy New Year and many blessings for 2003. Sincerely, Joan Egan." Now this letter is a very important letter in regard to that you should all start thinking very, very carefully about the loneliness, what happens to these children. They drink, they drug and they are in trouble. This boy will have his record sealed, hopefully. But there is no confidentiality left in the world. That seal can be broken. Which may prevent him from going to any good school, it may also prevent him from obtaining a civil service job. Now if all of you think that this can't happen in your homes or to you, you are very, very much mistaken. And Mr. Richter, ! don't think you've done your homework. Thank-you very much, Mr. Horton. You will all hear from me. SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed agenda? MIKE DOMINO: Good Afternoon. Mike Domino, Southold. Could you just clarify resolution # 19 for me? COUNCILMAN ROMANELLI: That is for a well that is required up at the landfill for the capping process. It is a fire well and it is also going to have its own little house on top of it with its own electric backup. That is what that is for. MIKE DOMINO: Thank-you very much. SUPERVISOR HORTON: Are there questions from the public in regard to the printed resolutions. MELANIE NORDEN: Hi, Melanie Norden, Greenport and happy new year. This is regarding resolution # 28. ! wonder if in fact as a Town we put outside counsel opportunities up for bid or are we simply Mr. Yakaboski's families firm over and over again. This has been the subject of some concern in the past both to the public and to other people who have attended the Town Hall meetings. ! was just curious as to why we are not employing or making opportunities also available to local lawyers as well. Was this something that was up for a public bid or just... COUNCILMAN WICKHAM: The Board discussed this at some length this afternoon and in fact, many of us made those same points. And we went through the roster of all the attorneys that we could think of and it turns out that many of them, the local ones in particular, have legal actions that they are already proceeding against the Town and we were reluctant to engage their services since they are already adversaries. We went through all of the attorneys that we could think of and we... MELANIE NORDEN: Well, ! think that there are many other people that are out there that are available and this has been a subject that has been of concern to many people in the Town because of Mr. Yakaboski's role as the Town Counsel. Many people feel that there is a conflict of interest and it is not appropriate. And there are thousands of attorneys registered in the State of New York, so ! cannot believe that this subject and this matter is something that is so controversial or requires such expertise that only Mr. Isler, of all the people registered in New York State can provide it. COUNCILMAN WICKHAM: That is quite right. Southold Town Board 6 January 7, 2003 MELANIE NORDEN: I encourage the Board to seriously consider the appearance of a conflict of interest, even if there isn't one. And if most local lawyers, which ! doubt if that is the case but if they are, also engaged in controversial or problematic action then ! suggest that we advertise and we keep this squeaky clean. Because it has been a problem in the past and it is just not an appropriate alliance for the Town to have. COUNCILMAN MOORE: In fairness to Mr. Isler, this Town has utilized his services. One of his specialties in municipal law. MELANIE NORDEN: No, I understand that but there are many other.. COUNCILMAN MOORE: No, please bear with me. ! understand that. When it comes to professional services, the Board-whoever constitutes the Town Board at a given time picks the person that they are comfortable with. Frank has worked with the Town for years and years. Long before Greg came on board as the Town Attorney. It is his firm. Greg has no affiliation with the firm other than the fact that his father is a partner, he doesn't work for that firm. He gets no money from that firm. MELANIE NORDEN: No, ! understand that, ! am just saying that... COUNCILMAN MOORE: The attempt to continually say it looks bad, it is not a bad thing. Frank Isler is a fine municipal attorney. The Board is very comfortable. The Zoning Board has requested him on several of the ones listed here, we are the hiring Board. These are the requests of the Zoning Board, they are comfortable with Mr. Isler's work. That is what is the issue here. MELANIE NORDEN: ! know, but the Boards could be comfortable with the work of any number of competent attorneys. And it may be just an habitual relationship but the point is that there are competent, capable attorneys that do not have a familial or a another attachment to the Town. There are many people that see this as a conflict of interest or a potentially perceived conflict of interest and ! am simply saying that as one taxpayer, ! would encourage the Town to create options and put these legal opportunities out for bid and to utilize a wide arc of attorneys. It is very bad to also depend in any particular situation, on the expertise of any one person. But since Mr. Yakaboski is now the Town Counsel and this is Mr. Yakaboski's families law firm, ! would encourage the Town to look at that relationship and to think seriously about farming this work out elsewhere. SUPERVISOR HORTON: Thank-you, Ms. Norden. Would anyone else care to address the Town Board on the printed resolutions? JOAN EGAN: On resolution #13, accept the resignation of Kathleen Murray. ! have addressed this issue many times, the revolving door of attorneys. It is ridiculous. It is absolute, that we have one or two attorneys or we, ! don't understand why they are here and then they are gone. They gain a little bit of experience and then they are out. And it is a waste of money. They have taken over half of the Tax Office at the time of year when it is so important for those women to have more room to serve the public, the taxpayers better and you are not doing it. This is ridiculous. Now, on item #23, who is this person? SUPERVISOR HORTON: That would be our Senior Environmental Planner, Mark Terry. Southold Town Board 7 January 7, 2003 JOAN EGAN: Now, how many people are now aboard for that trip? SUPERVISOR HORTON: ! don't know the exact count. A number of town employees. JOAN EGAN: Like 5, 10, 11, 127 SUPERVISOR HORTON: As ! said, ! don't know the exact count off of the top of my head. JOAN EGAN: But why has this person been added? SUPERVISOR HORTON: This person has been added because in the last resolution, through our own typographical error was not included. JOAN EGAN: You made a mistake? SUPERVISOR HORTON: That is correct. JOAN EGAN: Shame, shame. Alright, now what is this? #24, what does that mean? SUPERVISOR HORTON: Actually, at the time of the resolution ! can read the charge of the Police Advisory Committee for the Town Board. JOAN EGAN: What is that? SUPERVISOR HORTON: Actually, ! will read it now for you. Proposed charge of the Police Advisory Committee as set forth by the Southold Town Board, to review the policies, operating procedures, data and contracts by which policing is conducted and to propose to the Southold Town Board cost effective ways to maintain and or enhance its policing functions. JOAN EGAN: Oh, ! am so glad that you finally addressing that issue, which ! have asked the Town Board to address all of these people going in and out of the Police Station here in Peconic be given some sort of a sporadic test for drugs and steroids. SUPERVISOR HORTON: Mrs. Egan, do you have issues with any of the other printed resolutions? JOAN EGAN: Yes, it is an issue in relation to the Police Department.. SUPERVISOR HORTON: But in regard to the... JOAN EGAN: Mr. Horton, ! have not finished. Police Department and your Advisory Committee. This is part of what you should be doing for the When a policeman doesn't even have to enter the station to get his vehicle, all he has to have is a key; that is wrong. See that Mr. Richter over there as a liaison officer to the Police Department sees that something is done about that. Thank-you very much. SUPERVISOR HORTON: Would any other members of the public care to address the Town Board on the printed resolutions? (No response) We will move at this point to the public hearing. Southold Town Board 8 January 7, 2003 Moved by Justice Evans, seconded Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is recessed at 5:03 P.M. for the purpose of holding a public hearing on the matter of a Temporary Moratorium on the Processing, Review of and Making Decisions on Certain Applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 'Wetlands' of the Southold Town Code. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at 5.59 P.M. SUPERVISOR HORTON: The public hearing is closed. You saw me passing a sheet up and down, ! was polling the Board to see if the Board is in a position to vote on this this evening. There has been quite a bit of public input and ! am in the process of polling the Board. Okay, the consensus is that the Town Board would like to vote on this moratorium this evening. Do you mind if! share your note? COUNCILMAN WICKHAM: We could put it on on the end. SUPERVISOR HORTON: Let me review my notes, ! took very close notes as everybody spoke, ! am just reviewing those to ensure that ! am moving forward prudently as well. The consensus of the Board is to vote on this, we will vote on it at the end of our printed agenda. We have several resolutions to run through prior to that, so ! am assuming that that will be #31, on the printed agenda. ! am just asking our Town Attorney one quick question in regard to the wording of this resolution, or two resolutions. So if you would just bear with me for a moment. Thank-you for bearing with me. We will move forward with the printed agenda and we will commence with the first resolution. #1 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicles to be surplus: 1999 Ford Crown Victoria - V1N 2FAFP71W5XX194072 - 106,446 miles 1999 Ford Crown Victoria - V1N 2FAFP71W5XX194073 - 102,168 miles 1999 Ford Crown Victoria - V1N 2FAFP71W1XX194069 - 100,352 miles and be it further RESOLVED that the Town Clerk be authorized and direct 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. #2 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 si~n an A~reement with Chesterfields Associates in the Southold Town Board 9 January 7, 2003 amount of $56%650. for the demolition the existing structure and installation of a new bridge structure at Brushes Creek, Mattituck, in accordance with the plans and specifications prepared by H2M Group, subject to the approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #3 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chesterfields Associates in the amount of $56%650. for the demolition the existing structure and installation of a new bridge structure at Brushes Creek, Mattituck, in accordance with the plans and specifications prepared by H2M Group. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Central Data Processing 2002 budget as follows: FROM A. 1680.1.100.200 A. 1680.4.100.100 A. 1680.4.100.150 A. 1680.4.100.553 A. 1680.4.100.554 A. 1680.4.100.555 A. 1680.4.100.556 A. 1680.4.400.200 A. 1680.4.400.350 A. 1680.4.400.354 A. 1680.4.400.553 A. 1680.4.400.560 TO A. 1680.4.400.558 A. 1680.4.200.100 A. 1680.4.400.555 A. 1680.4.400.356 Overtime earnings Office Supplies Standard Computer Paper High Speed Printer Ribbon Tapes and Diskettes Cable and Connectors GIS Supplies Training AS/400 Maintenance Decollator/Detacher Maintenance Police System Maintenance GIS Maintenance PC Software Maintenance Telephone Modem Line Tax maintenance UPS Maintenance $ 859.66 510.94 1700.00 300.00 600.00 83.46 1495.00 5000.00 8.30 850.00 150.00 416.00 $8450.00 121.69 2550.00 851.67 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #5 Moved by Councilman Wickham, seconded by Justice Evans, it was Southold Town Board January 7, 2003 10 RESOLVED that the Town Board of the Town of Southold hereby appoints Vanessa Patterson as a volunteer Intern to assist the Town Historian with an archive project for the month of January, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #791 adopted at the December 3~ 2002 regular Town Board meeting~ to read as follows: 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. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign a Proiect Amendment for the Cutchogue Downtown Revitalization Proiect, funded by a grant from the Suffolk County Department of Economic Development. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #8 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board appoints Barbara Rudder as Secretary for the Southold Town Tree Committee, effective January 1, 2003 through December 31, 2003, not to exceed five (5) hours per week in addition to her regular 35 hour week, regardless of the number of committees she serves. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #9 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth A. Neville to advertise for bids for the purchase of one {1~ used windrow turning attachment by the Solid Waste District, all in accordance with specifications to be provided by the Solid Waste Coordinator. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Southold Town Board January 7, 2003 This resolution was duly ADOPTED. 11 gl0 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of one {1) agricultural/compost encapsulator by the Solid Waste District, all in accordance with specifications to be provided by the Solid Waste Coordinator Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. gll Moved by Councilman Richter, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold wishes to purchase the properties owned by F. James Posillico and Anthony Posillico (a.k.a. Westbury Properties), identified as SCTM g1000-53-1-7 and 53-3-15.1 in Greenport, at the purchase price of $76,000 (seventy-six thousand dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold; and WHEREAS, SCTMg 1000-53-1-7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side of the LIRR and SCTMg 1000-53- 3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road; and WHEREAS, the Posillico properties are within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. 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. SUPERVISOR HORTON: ! will just add to that the Town Board worked with the Nature Conservancy and our Land Preservation Department and made a concerted effort and really focused an awful lot of time and energy and now we are in a position to focus financial resources on protecting and preserving the Pipes Cove Area. This is something that ! think is important to all of us, so ! am pleased to see these two resolutions on and moving forward. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board January 7, 2003 12 #12 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that pursuant to the provisions of Chapter 59 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 21~ 2003 at 8:00 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the properties of F. James Posillico and Anthony Posillico I'a.k.a. Westbury Properties). Said properties are identified as SCTM #1000- 53-1-7 and 53-3-15.1. SCTM# 1000-53-1-7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side of the LIRR, in Greenport. SCTM# 1000-53-3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road, in Greenport, be it further RESOLVED purchase price for the properties is $76,000 (seventy-six thousand dollars). The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, be it further RESOLVED that the Posillico properties are within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. 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. Tax parcel Number 1000-53-3-15.1 contains wetlands and a beach area. The acquisition will allow for beach access to Pipes Cove, and be it further RESOLVED that notice is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #13 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Kathleen Murray from her position as Southold Town Assistant Town Attorney, effective January 15, 2003. SUPERVISOR HORTON: Kathleen Murray, our Assistant Town Attorney has accepted a job closer to home, in Southampton Town. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #14 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the amount of $47~275.00 as the revised bond estimate and approves the performance bond for the minor subdivision of "Paradise Isles" located on the north side of Island View Lane~ 235.18 feet west of Bayshore Road & on the south side of August Lane~ Greenport~ SCTM# 1000-63-6-46.2 as recommended by Southold Town Board 13 January 7, 2003 the Southold Town Planning Board, Town Engineer, and Superintendent of Highways, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #15 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby and establishes the following hourly rate of pay for part-time Site Plan Reviewer Hourly rate effective 1/1/02 $20.99 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #16 HELD #17 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 2002 budget, as follows: To SR 8160.4.100.110 SR 8160.4.100.550 SR 8160.4.100.525 SR 8160.4.100.595 SR 8160.4.100.640 SR 8160.4.400.625 SR 8160.4.400.670 SR 8160.4.400.825 SR 8160.4.400.840 SR 8160.4.400.850 SR 8160.4.600.400 From SR 8160.4.400.810 Vote of the Town Board: Pre-printed Forms $ 589.64 Maint/Supply Komatsu Loader $ 117.57 Tires Payloader/Truck $ 788.21 Tub Grinder Maint/Supply $ 647.59 Maint/Supply Trailer Fleet $ 210.68 Tire Repair $ 34.95 Mack Quarry Truck Repairs $ 248.00 Glass Removal $ 215.12 Hazardous Waste Removal $ 5,609.96 Refrigerant Removal $ 592.00 Postage $ 2.77 C&D Removal $ 9,056.49 Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #18 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby reiects any and all the bids received for supplying salt to the Southold Town Highway Department; and be it Southold Town Board 14 January 7, 2003 FURTHER RESOLVED that permission is hereby granted to the Superintendent of Highways to purchase salt for snow and ice control on town highways through the New York State Contract PC58286 which was awarded to Atlantic Salt~ Inc. whereby we can purchase salt at a price of $34.88 per tom which is lower than any of the bids recently received. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #19 Moved by Councilman Romanelli, seconded by Councilman Richter, it was WHEREAS the Town Board of the Town of Southold, by Town Board Resolution # 769 of November 19, 2002 has authorized the installation and hookup of a non-potable water supply well at a cost not to exceed $30,000, and WHEREAS bids have been selected by the Cutchogue Fire District on November 12 pursuant to this Resolution; now here be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute through his signature contract documents with Peconic Well and Pump, Inc. and Hinck Electrical Contractor, Inc. allow installation and hookup of a new non-potable water supply well at the Cutchogue landfill, such contracts subject to the review and approval of the Town Attorney. COUNCILMAN MOORE: One question on this one. We have a proposal we will be talking about in a couple of weeks for up at the landfill. The golf course, putting green resolution; there is a discussion of needing water up there. COUNCILMAN ROMANELLI: This will supply it. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #2O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm~ Inc. in the amount of $.21 per half pint to supply milk to the Southold Town Human Resource Center for the 2003 calendar year. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #21 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids received at the December 19~ 2002 bid opening of 2003 Scavenger Waste Removal/Transport, and be it further RESOLVED that the Town Clerk hereby be authorized and directed to re-bid the 2003 Scavenger Waste Removal/Transport bid. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board 15 January 7, 2003 #22 Moved by Councilman Richter, seconded by Councilman Moore, Southold Comprehensive Implementation Strategy ACTION CLASSIFICATION, INTENT TO ASSUME LEAD AGENCY STATUS, INTENT TO REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT, AND RECEIPT AND CIRCULATION OF DRAFT SCOPE OF THE DGEIS WHEREAS, the Town Board of the Town of Southold (the "Board") is aware of, has participated in the preparation of, or has prepared a number of land use plans, studies, analyses, etc. over the past approximately 20 years, and WHEREAS, the Board intends to implement recommendations of these studies that would advance the goals of the Town, and WHEREAS, the Board has articulated the goals of the Town in various documents and reiterates here the intent to achieve the Town's vision as identified in the following goals: · The Town's goal is to preserve land including open space, recreation and working landscapes. · The Town's goal is to preserve rural, cultural, historic character of the hamlets and surrounding countryside. · The Town's goal is to preserve its natural environment; to prevent further deterioration of resources and to restore degraded resources back to pristine or near pristine quality. · The goal of the Town is to preserve and promote a range of housing and business opportunities that would support a socio-economically diverse community. · The Town's goal is to increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of the Town, State, County and local roadways. WHEREAS, these studies generally included implementation tools and recommendations designed to address the land use and social need aspects addressed in each study, and WHEREAS, since the action is a Town-wide initiative, it is determined to be a Type I action pursuant to SEQRA Part 617.4 (b)(1), and therefore is more likely to require an environmental impact statement, WHEREAS, the Town Board of the Town of Southold has exclusive authority to effect zoning changes, create and/or modify legislation, establish land use programs and implement the various measures and tools identified in the past land use and social need studies of the Town, and WHEREAS, since the Board holds this exclusive authority, the Town Board is the appropriate entity to assume lead agency under the State Environmental Quality Review Act, and WHEREAS, the Board does intend to solicit inter-agency and public input, and will consider potential impacts under a public forum provided through the intended Generic Environmental Impact Statement (GELS) procedure, and WHEREAS, implementation of these recommendations may be interrelated and potentially in divergence, to the extent that coordinated consideration of implementation is necessary and appropriate and further that one recommendation on its own may not result in an environmental impact; however, the combined effect of several recommendations may result in environmental impacts, thus indicating the potential for cumulative impacts, and WHEREAS, notwithstanding the far reaching nature of the intended action, the Board finds that by virtue of the fact that the initiative is intended to implement the past planning studies of the Town, it is consistent with the Town Comprehensive Plan which includes the zoning code and building Southold Town Board 16 January 7, 2003 zone map, zoning decisions, goals, legislative actions and the record of decisions that forms the Town's direction in terms of achieving its vision, and WHEREAS, as a result, the action is not expected to cause significant adverse impacts since it advances the goals of the Town; however, the action is of Town-wide significance, and does involve changes to natural and human resources; is a Type I action pursuant to SEQRA Part 617 and therefore is more likely to require an environmental impact statement; and, lastly that the action will affect property, resources and the shaping of the Town's future, and WHEREAS, based on the above facts and the Part I Environmental Assessment Form (EAF) prepared for the Board's consideration in determining significance, the Board finds it prudent to take a "hard look" at the proposed action through the preparation of a Draft Generic Environmental Impact Statement (DGEIS), and WHEREAS, the Board is familiar with the scoping process as outlined in SEQRA Part 617.8 Scoping, and WHEREAS, the Board has established a team of professionals to assist with the comprehensive implementation strategy, consisting of the Town Attorney, the Town Planner and Town supporting staff, two (2) planning consultants and two (2) consulting attorneys, and this team has prepared a draft scoping outline for the purpose of determining the scope and content of the DGEIS, and WHEREAS, the Board received this scope and deliberated upon its content and finds the draft scope to be adequate to commence the scoping process for the DGEIS pursuant to SEQRA Part 617.8 (b), and WHEREAS, the Board intends to provide an opportunity for interested agencies and the public to provide input into the scope of the DGEIS through circulation of the draft scope and solicitation of public comments at a public scoping meeting, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold hereby classifies the Town of Southold Comprehensive Implementation Strategy as a Type I action pursuant to 6 NYCRR Part 617, and BE IT FURTHER RESOLVED, that the Board hereby assumes lead agency status in review of the action and for the purpose of compliance with the State Environmental Quality Review Action (SEQRA) Part 617, and BE IT FURTHER RESOLVED, that the Board finds that a Generic Environmental Impact Statement (GELS) is appropriate and hereby issues the appropriate determination (via a Positive Declaration) to require such document for the proposed action, considering that the recommendations may result in potential impacts which may include cumulative and/or generic impacts, and BE IT FURTHER RESOLVED, that the Board hereby receives the draft scope for the purpose of initiating the scoping process pursuant to 6 NYCRR Part 617.8, and BE IT FURTHER RESOLVED, that the Board will hold a public scoping meeting on January 29, 2003 at 7:30 p.m. at the Southold Town Hall meeting room, and a period of 10-days will be provided following the public scoping meeting to allow for submission of written comments, and BE IT FURTHER RESOLVED, that the Board authorizes the Town Clerk to file notice of the public scoping meeting in two (2) local newspapers on January 16 and January 23, 2003 and the draft scope will be made available on the Town web-site, at local libraries and at the Town Clerks office prior to the scoping meeting, and Southold Town Board 17 January 7, 2003 BE IT FURTHER RESOLVED, that the Board authorizes the Town Clerk of the Town of Southold to file this Resolution, the Part I Environmental Assessment Form (EAF), the Positive Declaration, and the Draft Scope of the DGEIS with the following parties: Town of Southold Supervisor's Office Town Clerk of the Town of Southold Town of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County Planning Commission NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office at Stony Brook NYS Dept. of Transportation NYS Dept. of State US Army Corps of Engineers Inc. Village of Greenport Town of Riverhead Town of Southampton Town of Shelter Island Parties of Interest Officially on Record with the Town Clerk (if applicable) Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #23 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry~ Senior Environmental Planner to attend the New York State Association of Towns Meeting at New York City from February 16 - 19, 2003 on a full-time basis. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #24 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby assigns the following charge to the Police Advisory Committee: "To propose to the Southold Town Board cost-effective ways to maintain and/or enhance its policing functions." Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board January 7, 2003 18 #25 Moved by Justice Evans, seconded by Councilman Romanelli, it was WHEREAS an application has been made by the Perino/Nastasi for a waiver from the provisions of Local Law #3 -2002 entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a major subdivision for the parcels of property known as SCTM# 1000-122-7-9; and WHEREAS the application involves the subdivision of a 20.8211 acre parcel into 7 lots; and WHEREAS the Town Board has reviewed the file and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law #3-2002 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated today, January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS based on the application, all relevant documentation, the comprehensive planning currently being undertaken by the Town, the above referenced facts granting a waiver from the provisions of Local Law #3-2002 and the criteria set forth in Section 6. Appeals Procedures the applicant has failed to meet its burden pursuant to the criteria; and WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planning currently being undertaken by the Town. Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. JOE PERINO: My name is Joe Perino, I am obviously the party involved. I was wondering ifI could get some idea as to why it is being denied? SUPERVISOR HORTON: I can give you a copy of the... COUNCILMAN WICKHAM: Why don't we read the whole thing. Southold Town Board 19 January 7, 2003 SUPERVISOR HORTON: Okay, I will do that. and all who may be watching Friday evening. JOE PERINO: May I have a copy of that? SUPERVISOR HORTON: Absolutely. Vote of the Town Board: Aye: Councilman Richter, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. I will read this so it is clear and heard by all present Councilman Romanelli, Councilman Moore, #26 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was WHEREAS an application has been made by the Manzi Homes for a waiver from the provisions of Local Law #3 -2002 entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a minor subdivision known as "Old Orchard at Cutchogue" on the parcel of property known as SCTM# 1000-100-6-9.1; and WHEREAS the application involves the subdivision of a 4.619 parcel into 4 lots; and WHEREAS the Town Board has reviewed the file and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law #3-2002 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated today, January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS based on the application, all relevant documentation, the comprehensive planning currently being undertaken by the Town, the above referenced facts granting a waiver from the provisions of Local Law #3-2002 and the criteria set forth in Section 6. Appeals Procedures the applicant has failed to meet its burden pursuant to the criteria; and Southold Town Board 20 January 7, 2003 WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planning currently being undertaken by the Town. Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #27 Moved by Councilman Richter, seconded by Councilman Romanelli, it was WHEREAS an application has been made by the Kaloski's for a waiver from the provisions of Local Law #3 -2002 entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a minor subdivision for the parcels of property known as SCTM# 1000-102-4-6.2 and 1000-102-4-7.1; and WHEREAS the Town Board has reviewed the file and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law #3-2002 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated today, January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS based on the application, all relevant documentation, the comprehensive planning currently being undertaken by the Town, the above referenced facts granting a waiver from the provisions of Local Law #3-2002 and the criteria set forth in Section 6. Appeals Procedures the applicant has failed to meet its burden pursuant to the criteria; and WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planning currently being undertaken by the Town. Southold Town Board 21 January 7, 2003 Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. COUNCILMAN WICKHAM: No, ! do not support this resolution. ! would vote for granting the waiver to this family. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. No: Councilman Wickham. This resolution was duly ADOPTED. #28 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as special counsel in the matters of Dawson V. ZBA~ Callis~ Et Al V. ZBA~ and Rosen V. Buildin~ Inspector's and the Town of Southold. SUPERVISOR HORTON: I will say that in regard to questions that have been raised, we have made a policy that any legal bills that come forward from this firm are not reviewed by Town Attorney Yakaboski, they are reviewed by our Assistant Town Attorney and run by the Controller's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #29 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby retains Jim Gesualdi as special counsel for the matter of amending the zoning map and related legislation for the Southold Town Code. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #3O Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board Of Trustees to retain special counsel in the matter of ZUPA v. BOARD OF TRUSTEES Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. #31 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Temporary Moratorium on the Processing~ Review of and Making Decisions on Certain Applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 "Wetlands" of the Southold Town Code is a Type II Action pursuant to SEQRA regulations, 6 NYCRR 617.5 [c] [30]. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. Southold Town Board January 7, 2003 This resolution was duly ADOPTED. 22 #32 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was WHEREAS, there was presented to the Town Board of the Town of Southold, on the 17th day of December, 2002, a Local Law entitled "Local Law in Relation to a Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold"; and WHEREAS, a public hearing was held on this Local Law on the 7th day of January 2003, 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. 1 2003 Temporary Moratorium on the processing, review of, and making decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 "Wetlands" of the Southold Town Code. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a community. The upland acreage of Southold Town, including Fishers Island is approximately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: farming, recreational and commercial fishing and tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and sensitive. Protection of that environment therefore is of utmost importance to the Towns financial health and long-term future. The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in part that "The Town Board finds that increased growth and development within the Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of the community and natural resources located within the Town." One of the primary tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality Southold Town Board 23 January 7, 2003 is that the laws set forth in Chapter 97 to protect wetlands and wetland boundaries are not having this effect. Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. After years of study, fact gathering and writing, completion of a LWRP for the Town of Southold is imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two sources. The LWRP and the Peconic Estuary Plan recommend several land use measures that should be adopted by the Town to augment estuary protection. The Town and the Board of Trustees intend to carefully consider and possibly implement these recommendations The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both singularly and cumulatively, of these actions in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. A moratorium will give the Town and the Board of Trustees time to consider and implement the LWRP and the best land use techniques for protecting its waterfront resources. This moratorium addresses the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or commercially zoned, do not conform to current zoning in that they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these activities have the potential to cause further harm to the coastal environment. This moratorium will enable the Town and the Trustees to focus on crafting and implementing a strategy to ensure that it actually achieves its comprehensive planning objectives. This action is necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. Section 2: Enactment of a Temporary Moratorium For a period of twelve (12) months following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board within the twelve (12) month period: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential or commercial structure/building on vacant land; Southold Town Board January 7, 2003 2) Section 3: 24 The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 permit from the Board of Trustees of the Town of Southold for any new a residential or commercial structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) Section 4: EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish; 2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and wildlife; 3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture; 4) the ordinary and usual maintenance or repair of a presently existing permitted building, dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or structure; 5) the construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the existing bulkhead; 6) repair or renovation to existing residential or commercial building or structures; 7) accessory structures above the high tide line; 8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction. Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority; In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of Trustees act upon, hold hearings on, and make decisions concerning applications. Section 6: APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial structure or building. To grant such a request the applicant must file with Southold Town Board 25 January 7, 2003 the Town Board and the Board of Trustees supporting documentation, including a certified engineers report. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 7: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN MOORE: Yes, I would just like to make the observation that Justice Evans shared with us, that there is no provision-that I recall-for the emergency Nor'easter that hit, the October storm, and I would like to see us revisit that. The second observation is when the Town Board did its moratorium, we struggled over the amount of time that we would impose the moratorium on ourselves and that was six months, we are going for a year. I can live with that but I am going to ask that the Trustees work with the Code Committee, work with the consultants they are working with. We are going to get this job done well inside of a year. Because a year is a hard nut to crack. We have been confronted with the Town today with the GEIS Comprehensive SEQRA process for the Town wide Zoning Comprehensive Strategy we are looking at and have been told that we have to go out to a year. This is a much smaller component piece of Town planning and Environmental Protection and I know that there is an urgency to get this local law enacted but I would like to see us committed to getting it done in a much smaller time frame. SUPERVISOR HORTON: I would like to say also, that I heard quite a bit this evening about enforcement and I am going to say to the Trustees what I have said since taking Office, is that we have the personnel in place currently hired in our Town government structure. It is a matter of making use of those people, we have a fleet of Bay Constables that are under the Police Department and I have reached out and will continue to reach out in acknowledgement of the hard work that you do and as everybody here has acknowledged the time and energy that you put into this job to do your job effectively but I think one area where we have collectively missed the mark, Trustees as well as the Town Board; is coming up with a plan and making use of our Bay Constables and our Code Enforcement Officer to effectively enforce what you are trying to address. So, I have said it at Town Board meetings and I am reaching out to you now publicly into the record so we can come up with a plan to better enforce the Codes that you feel we are lacking enforcement on. That doesn't have much to do with a moratorium but I think, thinking big picture, that it is tied together. So I think there has to be more communication between these two Boards and bring these other entities that we have available to us into the fold to better enforce your concerns in the proper carrying out of permits that you deny or issue. Is there any further discussion by the Town Board? Al, in this unusual circumstance, you had a comment? BROWNELL JOHNSTON, ASSISTANT TOWN ATTORNEY FOR THE TRUSTEES: Josh, with the departure of Kathleen Murray who was in the process of handling a number of these violations in your court procedures and I saw something happening there in a very positive way, could we have your Southold Town Board 26 January 7, 2003 commitment of some sort to have a person assigned to do that, sort of with the same vigilance that Kathleen was doing that? SUPERVISOR HORTON: That is something that you should come into my office and discuss with me one on one. We have always been dedicated to that and we will continue that, indeed. Any other comments from the Board? COUNCILMAN RICHTER: Yes, before you call the roll. I do want to say this, the comments that were given tonight, I thought were valid on both sides. But the last few months, the Trustees have definitely come forward and shown to me, where the appropriateness of re-writing Chapter 97 is important. There is no greater asset than our wetlands in Southold Town. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes the voting on the resolutions. At this point, we offer the floor to the public that would like to address the Town Board on town related issues. We are going to continue the public meeting. As I mentioned, this is an opportunity for the public to address the Town Board on town related issues. MERLE LEV1NE: Merle Levine, East Marion. You have received a resolution from the Anti-Bias Task Force, I would like to read the resolution for the public record. In rezoning the 5.74 acres, the core area of the Church Lane hamlet where residents have their homes, from Agricultural to Light Industrial, 1. The Town Board has taken away property rights of residents; 2. Since in accordance with Town Code, Article 24 100-241, property zoned Industrial lose the right to expand their homes or to rebuild if a fire destroys their home. 3. The Town Board has in this regard abrogated the protections of the New York State and the United States Constitutions. Therefore, the Anti-Bias Task Force offers the following resolution. 1. That the properties encompassed by the 5.74 acres on which the residents of the Church Lane hamlet reside, be rezoned. 2. That the zoning be changed from Light Industrial to Residential Office. 3. In accordance with Article 7-100-70, the purpose of a Residential Office, RO district is to provide a transition area between business areas and low density residential development along major roads, which will provide opportunity for limited non-residential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences to preserve the existing visual character of the Town and to achieve the goals of well-planned environmentally sensitive balanced development which the Town has determined to be desirable. Section 100-71 details the use regulations. Therefore, the Anti-Bias Task Force formally requests that Southold Town Board enacts such zoning change from Light Industrial to Residential Office. 1. Which protects the hamlet community who in all respects deserve consideration, since past Town Boards have been insensitive and irresponsible in dealing with the residents. 2. And offers fair opportunity to those commercial interests, who in good faith, have bought property in the area in the expectation of realizing a profitable use. The Supervisor and the Town Board members are enjoined to enact such a zoning change from Light Industrial to Residential Office in accordance with Town Code, Article 7100-70 and 100-71 at the next Town Board meeting on Tuesday, January 7, 2003. In this resolution, the Anti-Bias Task Force is following its mission to protect minorities who have suffered mistreatment in the Southold Town and to advocate legislation in their behalf. I would like to ask the Town Board if they intend to consider addressing that resolution? Southold Town Board 27 January 7, 2003 SUPERVISOR HORTON: I will speak for myself and I have to be quite frank and honest, is that I have not reviewed that resolution or your proposal. MERLE LEV1NE: That doesn't really answer to me whether or not you intend or the Board members intend to pay attention to it. SUPERVISOR HORTON: I would like to sit down with it and review it. MERLE LEV1NE: What ! see in the business of tonight is that number one, the reference to the compost area. There is, in our understanding, is that that compost area does not need to be as extensive as originally planned. We have no indication as to whether the Town Board is paying any attention to that. The second thing is, ! do see that there is the plan for the well and John Romanelli answered that that was really for the capping of the landfill. However, we understand that from the question that Mr. Moore asked that it is also to provide water for a golf course. SUPERVISOR HORTON: No, that is incorrect Mrs. Levine. COUNCILMAN ROMANELLI: It has the potential to provide.., even to put it in as a fire well. SUPERVISOR HORTON: Before we go down any of those roads, please understand that that well is required, as it is a piece of municipal property of that nature. We are required to have that on there. We had that ability through another means, we have instituted this as a we are required to in a new process. So it is actually a new and improved well that comes with the municipal property. MERLE LEV1NE: That is all well and good but evidently it also has the potential for a golf course if there were one. But ! need to know then, since ! did receive the notice that went out to everybody asking people in the community to come in and talk to you about what it is that they have concerns about and since this resolution was sent to you, two weeks ago, ! believe so that you really have had some time to look at it and so ! really want to know, if you have any intention whatsoever of working with the Anti-Bias Task Force in resolving the concern that we have for the hamlet community. Or is this a forgone conclusion that since there has been no response from you that the answer to that question really is no, you have no intentions. And ! really would like to know that. COUNCILMAN MOORE: Before the holiday period and the two weeks within that frame, at a work session that must be six or eight weeks ago, easily, several of us talked with Josh and agreed to try to arrange a meeting with all the affected property owners up there and are willing to sit down with them in a setting where we could sit and talk about any number of options. Josh can speak to the efforts and how we are making out on that but that is, it has not been set aside, it has not been forgotten about. MERLE LEV1NE: Well, ! am really pleased to hear that it is not forgotten about. That we do know that in the original plan there be some kind of discussion that since the Anti-Bias Task Force have been the people that have been advocates for the people in the hamlet, we were not included in that plan and we have real concerns that we be included in any meeting with people of the hamlet. So, if that is your plan, we would like to be informed of it and we would really like to take part in it. SUPERVISOR HORTON: Okay, thank-you. Southold Town Board January 7, 2003 28 MERLE LEV1NE: So, have I understood that you have not made final decision about .... SUPERVISOR HORTON: We have been having a difficult time pulling everyone together over the holiday season. MERLE LEV1NE: Yes, ! could understand that. SUPERVISOR HORTON: Thank-you. COUNCILMAN WICKHAM: ! would like to make a brief comment. ! would like to say two or three things. First of all, as you may have seen tonight in the other decisions that we took on other matters related to Planning and Zoning, it is becoming very difficult for this Board to take any decision to change zoning during this moratorium period. There is a very intensive planning process going on at the moment during the moratorium and ! see a great reluctance on the part of the Board to undertake any real initiative in planning or zoning until the results of that thing are pretty well underway. Second comment ! would make, is when you appeared before the Board, late last year, at the end of a hearing not unlike this but rather protracted; you made the comment, if ! heard you correctly, that you aren't really looking for a particular zoning need you just want to see some expression of interest on the part of the Board to resolve an unsatisfactory situation in Church Lane. ! took some heart from that comment and ! think that the direction that we should take, both the Task Force, residents of the community and the Board, are to sit together and find out what concrete, specific steps can we agree on, that will help to make a long-term satisfactory life and quality of life for the people who are there. MERLE LEV1NE: ! would like to respond to that. Yes, ! did say that we were not fixated. However, our experience has been now having presented every conceivable, possible compromise that we could come up with and to find that the Board members were not willing to deal with any of those, at this point we really do not have faith that the people in the hamlet will be protected unless there is some zoning change. ! did hear all of the arguments on zoning change but ! would point out that people in the hamlet are not living in wetlands except as it gets created by floods. So that they are not the people who are trying to be protected in terms of environment, what we are looking to is a sense of social justice. And we are not really getting a sense of that. This has been going on since last August, we would all agree. And we have no word from the Board members that there is a real awareness of that responsibility to people there, that there is any consideration of any way of solving it and so, ! really don't see that whatever it is that we were willing to consider and we certainly offered, as many possibilities as we could think of, and we heard nothing from the Board about those possibilities, so ! do think it is very helpful for you to sit down with the people that are involved and ! do want to say that we want to be sure that the people in the hamlet, since there are few and some of them have been involved with other illnesses in their families, we want to be sure that we are part of that when you do plan it. So thank-you for considering that. FRANK CARL1N: Frank Carlin, Laurel. A Christmas present that ! received that ! wasn't very happy with from the Town Board, that 7.1 or 7.11% tax increase, especially for the senior citizens, along with the school tax. That is the subject ! can speak on later on. And about the disposal plant and the recycling plant, ! am going to be covering that in the future in great detail. But ! have some questions tonight and ! would like to ask you the questions and please don't interrupt me until ! finish and then Southold Town Board 29 January 7, 2003 you can give your answer. Mr. Richter, this is one for you. Now we know the police cars, the Ford Crown Victorias are being recalled to, due to work with putting the shield on the fuel tanks. Ford has authorized 350,000 police cars to be done. Now, ! know that it is being done in Suffolk County. New Jersey is almost finished with theirs, what are we doing for our police cars in Southold Town? Are we getting them updated now? SUPERVISOR HORTON: Yes. FRANK CARL1N: Right now? SUPERVISOR HORTON: Yes. FRANK CARL1N: Good. Here's one for any one on the Board. Let me, I will have to read this to you because ! want to explain in detail what it says. This has got to involve the New York State Public Service Commission contract with Cablevision. Before ! go into this though, have you completed your contract with Cablevision for this year, like Riverhead did? COUNCILMAN MOORE: Yes, we have. FRANK CARL1N: Well, so did Riverhead. And ! want to tell you what Riverhead did with Cablevision. ! am going to read it to you. "Senior citizens, 62 years of age will get a 15% discount on television family package as well as a 15% discount on standard and new installation." COUNCILMAN MOORE: So does Southold. FRANK CARL1N: And so does Southold. Will Southold get that, starting in June? COUNCILMAN MOORE: Yes, sir. FRANK CARL1N: Well, why didn't you tell the people in the paper about it? What are you keeping it a secret about? COUNCILMAN MOORE: ! didn't mean to. ! apologize. ! will give a full report at the next Board meeting. FRANK CARL1N: Terrific, you guys are bating 100 so far. COUNCILMAN MOORE: Frank, ! will give you a full summary of the bullet points. ! will give a bullet point summary two weeks from now. FRANK CARL1N: You are getting $115,000 to, to .... COUNCILMAN MOORE: We are getting a bunch of money, all kinds. FRANK CARL1N: And computers for the senior citizens and all that. Southold Town Board January 7, 2003 COUNCILMAN MOORE: 30 Yes, I will give a full report in two weeks. FRANK CARL1N: Oh, man. I am not going to sleep tonight. SUPERVISOR HORTON: Frank, in that settlement we got a substantial amount of money that will go to the Human Resource Center for computer upgrades and DSL lines which will be available to senior citizens that utilize that facility. COUNCILMAN MOORE: We got a bunch of stuff that we will be happy to share with it. FRANK CARL1N: Boy, my wife will see me very happy tonight. Here is one that ! am going to stress on and ! can't understand why you people are not moving on it. The Town Hall, getting that thing moved, taking over the North Fork Bank ! can't understand what you are waiting for. Mr. Richter, he says we have been beating this thing to death. Let's get a location and let's run it like a business. COUNCILMAN RICHTER: ! agree with that. FRANK CARL1N: John Romanelli said this is an opportunity, it is a sweetheart deal. What are we waiting for? COUNCILMAN ROMANELLI: Well, I'll tell you that ! did a lot of negotiation with the North Fork Bank over the building on the corner of Youngs Avenue and Main Road. The Bank doesn't want to move out of that building. They want that front half of that building because it is the home of Southold Savings Bank, they feel it is one their roots in their community. They don't want to move out of the front half of the building. They are willing to lease t he back half of the building, which on a very nice financial deal with the Town, they were really willing to work with us but there was some uneasiness about sharing the building with a bank, one individual bank. And that is why we have come off of that. ! would think that if the North Fork Bank wanted to sell that building and move on to somewhere else in town, that you would get enough support to buy that building but the bank is not...they don't want to leave. And through heavy conversation and negotiations went back and forth, that is their home, their roots. FRANK CARL1N: So we let a deal slip through our fingers. COUNCILMAN ROMANELLI: Well, it is not slipping through... FRANK CARL1N: Every five years, this thing goes on. Because ! have been mentioning this for five years. ! went to the other Supervisor. COUNCILMAN ROMANELLI: Our only other choice is to take it from them. SUPERVISOR HORTON: The building is not for sale. FRANK CARL1N: Because you know, let's face it, your boiler is falling apart down in the cellar, your plumbing is gone. Southold Town Board 31 January 7, 2003 COUNCILMAN ROMANELLI: Frank, that is all replaceable stuff. FRANK CARL1N: It is all going to be replaceable but with plenty of money. It is going to cost a lot of money. You know yourself that it is going to cost a lot of money. And another thing, what bothers me here the most, don't look at the time because everybody else, Josh, has been up here speaking and taking their time so ! am not looking at the time. Okay. Don't use that Tom Wickham thing on me like he used to pull on me years ago. SUPERVISOR HORTON: ! was just thinking about McDonald' s. FRANK CARL1N: He used a five minute timer and used to buzz off on me after five minutes. Don't do that on me, ever. SUPERVISOR HORTON: Don't you compare me to Tom Wickham, Mr. Carlin. FRANK CARL1N: ! am sorry about that. Now, here is one thing that has been bothering me for years, and the Town has been very lucky. That the cellar you have downstairs, here, ! had a senior citizen comes to me one night and says to me, Mr. Carlin, ! had to go the Town Board and had to go downstairs-he has a bad heart-he says he went downstairs alright but coming up the stairs was wicked. He doesn't know how he made it. You are lucky that somebody or some senior citizen never fell down those stairs and sued the Town. And that has been going on for years. That is another reason why we have to do something about getting another Town Hall, doing something about whatever you want to do with it. We bought the Whitaker House for $170,000 and it has been sitting there for three years and don't know what to do with it. Now, you are finding out that you put a new boiler in and you put a new piping in and now how about your pumps and your circulator is going to go before you know it it is going to cost the taxpayers a lot of money. The problem is with this Board and with other Boards before this is you take too long to do things. You take too long to make decisions. That is one of your problems. That is why ! admire Mayor Kapell in Greenport, he don't let no grass grow under his feet. That man, he gets more projects done and gets funding done and he moves right along. You can't wait. The old saying is, those who hesitate are lost. You have got to move on things. We took five years to get a half of McDonald's in Southold Town, it took them over five years talking about Town Hall, we took all these years and you still, you haven't made a decision about those poor people who live over by the landfill, what you are going to do about the zoning. You still haven't really said anything at these Board meetings what you have come to a decision on that one. Problems are solved by reaching a solution. And solutions are reached by hard work and sacrifice. And ! am going to tell this Board like ! told Jean Cochran and Tom Wickham when he was the Supervisor, that a Town Board and any Town Board must work to reach a happy medium. Everyone gets a fair slice of the pie. And when you can do that, you are running a good Town Board. Now, ! want to go on to one more important thing, which means a lot to me and a lot to these people that are supporting this program and ! believe the Town Board, too. 1986, that is how close we come to building this new Animal Shelter. Will you pass that along and look at it. 1986. That is my picture and that is a picture of the Suffolk Times. 1986. Foundation was laid, bricks was laid. ! hope and ! pray that that is going to happen again. Because at that time it was $125,000 the Town was going to put up for it but the bid went out for $250,000 and that is why evidently it was never done and it dropped. But now we have over $1,650,000, there is no reason in my view that that Animal Shelter can't be started in the spring. Get things moving, let's not hesitate. The longer we wait, the more it is going to cost. Let's not let this Southold Town Board 32 January 7, 2003 happen into another 1986. We don't need the plans, we had the plans right here. We had the plan drawn up here. Probably another estimate because we waited and probably the prices are going to be different but let's get this Animal Shelter by this time next year for these animals. Let's not wait. By the first of spring a bulldozer should be in there and starting to work. Will you agree with me, Bill Moore? COUNCILMAN MOORE: We will work on it, yes. FRANK CARL1N: Don't say you are going to work on it, say it is going to be done. COUNCILMAN MOORE: We will do our best, Frank. FRANK CARL1N: ! don't like grass growing under my feet either, let's get it done. COUNCILMAN MOORE: Yep. Thank-you. FRANK CARL1N: ! am going to enjoy my hamburger at McDonald's. That is a big subject that ! am going to cover in the future. ! haven't forgotten that one. SUPERVISOR HORTON: Thanks Mr. Carlin. RICHARD MORABITO: Gentlemen, Richard Morabito, Orient Point. Thank you all for your patience. ! have a couple of questions. We have an open space preservation program here, ! don't know the exact name of it, but it appears that a lot of property that had been open spaces is being developed very, very quickly. Now, ! don't know if any of you can answer these question and if you can't, please tell me but ! would like you to direct me to somebody that could answer them. ! would like to know first of all, when open space comes on the market, is the Town Board notified in any way? SUPERVISOR HORTON: No. RICHARD MORABITO: Is there a mechanism by which they could be notified? SUPERVISOR HORTON: If you would like, ! am assuming that a number of your questions are pertaining to open space, preservation and acquisition of open spaces, ! think probably the best and most informative way for you to accomplish finding out about open space preservation and farmland preservation would be to contact our Land Preservation Department, Melissa Spiro. RICHARD MORABITO: Okay. SUPERVISOR HORTON: ! can assure that you get a meeting that you can get better informed and we have quite a bit of literature. RICHARD MORABITO: ! have her phone number. ! will direct all my question to her then. Would that be your recommendation? Southold Town Board 33 January 7, 2003 SUPERVISOR HORTON: Well, the reason that would be my recommendation because I think you would get much more fulfillment from speaking with that Department head directly in regard to open space preservation. RICHARD MORABITO: Okay. Second question. Security systems. We bought a new house and for the first time, ! got a burglar alarm. ! think there were three incidents. My wife was working, she came in, the alarm went off, she didn't know the code so, we had three incidents. My daughter, one time, ! got a letter in May and ! had to pay a fine of $100. So ! shut the burglar alarm system off. In September we went away for a month and ... could ! sit down? September we went away for a month and before we went, ! had the security company come in and they assured me that no part of that system was faulted. ! did what ! could as a homeowner, ! want to protect my property. The first day we were on the road, on the cell phone, ! got a call that it had been faulted four times. Now, ! am in a quandary, ! want to protect my property but ! can't afford to do it if! am going to be fined 100 times every time the system goes off, even if ! have done what ! could. The only thing that ! can do is get the security company in. ! am not trying to be petty or smart or anything like that but ! would like to know the reason as to why the homeowner pays the fine rather than the security company that has vouched that there is no problem? SUPERVISOR HORTON: That is a fine question. ! think that from our perspective, is that our Police Officers are called to a scene and our Police Officers time is valuable and our Police Officers, where they may be responding to a false alarm could possibly be taken away from their duties and responsibilities of protecting and serving where they are actually needed. So the question as to who should bear the burden of that cost perhaps could stand some looking into. Quite honestly, ! haven't given it much thought. RICHARD MORABITO: You know, ! didn't want to pay the fine, ! didn't want any future fines. So then ! called them in, that was all ! could think to do. ! would just like to solve it. ! don't feel good, ! am away a lot of times. ! don't want to leave the house unprotected but ! can't afford to pay hundreds of dollars of fines. By the way, is there any (inaudible) on that? COUNCILMAN ROMANELLI: It is $100 a year. RICHARD MORABITO: No, no. TOWN CLERK NEVILLE: A calendar year. After the third, $100 for each and every one. After the third in a calendar year. RICHARD MORABITO: It takes a while to get the .... SUPERVISOR HORTON: ! understand what you are saying. ! think that as of now, the policy is...this is the first time that this has been brought up to me so you have to give me a chance to digest and give it some thought. RICHARD MORABITO: All ! ask is for you to review it and maybe the homeowner, ! understand your position. You can't have the Police going back and forth, it is an expense, there could be a real emergency, somebody could die. ! understand all that. But what ! am saying is that ! don't think it Southold Town Board 34 January 7, 2003 could be solely on the homeowner because it is a security system that is supposed to be (inaudible) by the company. Thank-you very much for your time. As a newcomer, it is very nice to have such an open form of government, it is something that ! don't think exists too much. Thank-you very much. SUPERVISOR HORTON: Would anyone else care to address the Town Board on town related issues? JOAN EGAN: I think since we have a moratorium on things that some of the things that should have been done two years ago by Mr. Moore and Mr. Yakaboski can now be completed. Mr. Moore, it was even when Mrs. Cochran was here and ! was standing over there and you were supposed to find out where the screw up was with zoning and things with Mr. Keller's property. And ! have your letter and ! have Mr. Yakaboski's , you can't do anything for me. Well, maybe now since you have a moratorium on things, maybe you can do it. Mr. Richter, at the last Town Hall meeting ! asked you as the liaison officer to the Police Department to find out why there is any objection whatsoever to a private citizen calling the Child or Adult Protection Agency without first getting the okay from the Southold Police Department. Have you found out the answer to that? And that answer to me is yes or no. COUNCILMAN RICHTER: Could you repeat the question again, ! am sorry? JOAN EGAN: Have you done anything as the liaison officer to the Southold Police Department in regard to what ! asked you to do at the last Town Hall meeting? Why the Southold Police Department said to me, that ! should contact them before ! contact the Child Protection Agency, did you get any input on that whatsoever? COUNCILMAN RICHTER: No. JOAN EGAN: Wonderful. That figures. Mr. Romanelli, ! have gone to the Building Department, to the Police Department, to Mr. Harris, to any number of different people. The last time ! went over here to the Building Department about getting permits and for protection around property and those things and you know what they said to me, Mr. Romanelli? COUNCILMAN ROMANELLI: No. JOAN EGAN: What do you think they told me to do? COUNCILMAN ROMANELLI: We don't have a code. JOAN EGAN: Get to the Town Hall, tell the Town Hall people. ! have done that with Mr. Moore, with you and with Mr. Yakaboski. And nothing is happening. Nothing is happening whatsoever. So, you want kids to die? You don't care about the kids, you just want to go ahead and do whatever you want to do. Go off to the City, get a day-care center for this but let's take care of what we have and do it well. When will the Town Board address that change in the Town code that when you have a building permit for excavation or for anything, that you are required to protect that property from animals and adults. Do you have any idea, since we have the moratorium maybe you could do that pretty soon. Huh, Mr. Romanelli? What do you think? Southold Town Board 35 January 7, 2003 COUNCILMAN ROMANELLI: Okay. JOAN EGAN: Okay means what? The same as the other people here? Nothing gets done. We just yes Mrs. Egan to death. Ah, that is wonderful. You must be very proud of yourself. Mr. Horton, darling, how are you? You look tired now. Now, tell me this, a year ago Mr. Yakaboski was supposed to do a number of things for me, for you and for the Town. To the best of your knowledge, has Mr. Yakaboski done any of those things? SUPERVISOR HORTON: Mrs. Egan, ! would need a fresh copy of those requests. JOAN EGAN: Oh, ! can pull up your computer. This was in regard to who is responsible for the curbing, who is responsible for insurance for signs, who is responsible for anything in this Town? Does this start to get your computer going there? SUPERVISOR HORTON: No. JOAN EGAN: No. Well, your Alzheimer's is kicking in kind of early, too. Mr. Yakaboski, perhaps you will remember the things that ! told you... SUPERVISOR HORTON: Mrs. Egan, this is the time to address the Town Board, not our Town Attorney. JOAN EGAN: Well, Mr. Horton, would it be permissible for you at this time to ask Mr. Yakaboski if he remembers the things that he promised he would do? SUPERVISOR HORTON: No. JOAN EGAN: It is not. So what do we have to do? ! have to go into my file... SUPERVISOR HORTON: ! will have to be a little more diligent. JOAN EGAN: And then what would happen, Mr. Horton? SUPERVISOR HORTON: ! have to be a little more diligent and draw that up and speak with the Attorney. JOAN EGAN: Oh, really. You are yessing me to death, also? SUPERVISOR HORTON: No, ! am not. JOAN EGAN: No, well it is a shame. So the word for all of you tonight Mr. Richter, Mr. Moore, Mr. Romanelli, Mr. Wickham, even Mrs. Neville and certainly Mr. Yakaboski is that one word that was prevalent in my letter to Chief Cochran. Can any of you give me what that word was? SUPERVISOR HORTON: Shame. . " IlIf Southold Town Board January 7,2003 36 JOAN EGAN: Nope. Loneliness. So tonight before you all go to sleep and you are all alone in your loneliness, think about the things for the children, for the people and your own mistakes and ask god to help you with some insight to get something done properly. Bye. FRANK CARLIN: One more thing, I want to wish you all a Happy New Year. SUPERVISOR HORTON: Thank you Mr. Carlin. Would anyone else care to address the Town Board? (No response). Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 7:09 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. * * * * * * ~i~~ztQ~ E lzabeth A. Nev;/ Southold Town Clerk