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HomeMy WebLinkAboutTB-01/03/2002 F ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS CA Southold, New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD JANUARY 3,2002 Work Session: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D Moore, Councilman John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski, Assistant Town Attorney Mary A. Wilson. 9:00 a.m. Appointment with George Weiser re: AHD change of zone app lication at Main Road, Southold (east of Boisseau Avenue and 7-11 store) The Town Board asked Mr. Weiser to come in after the last Town Board meeting to discuss the zone district being applied for. The Town Board told him that they would like to see a HD District, rather than the HB as applied for. Mr. Weiser stated that the total acreage of the parcel is 5.5 acres. The first 200 ft. of which is zoned HB, the remaining back section is R-80. Mr. Weiser said that the only reason that he applied for HB is because the first 206 ft. was already HB, so for the sake of simplicity of the application he applied for the same. He said that an HD District would work just as well for him. Councilman Romanelli said that he would feel more comfortable if the whole parcel were HD, so that there could never be a shopping center there. Mr. Weiser stated that the intent of the application is to create dwelling units not a shopping center. Councilman Wickham said that he would like to make one thing clear. Whenever, an increase in density is granted, he would like to see it off-set some where in the Town by a decrease somewhere. Valerie Scopaz, Planner advised that the applicant has applied for other change of zone applications. Catherine Mesiano, agent for Mr. Weiser commented that as a town government, there is some responsibility to provide housing for your residents, and that there are many young people who would like to stay here. Mr. Weiser explained that he is trying to do housing in the hamlets so that the farmland can be preserved. He is trying to follow a sort of"Smart Growth" concept for ways of developing residential real estate. Ms. Scopaz stated that the Suffolk County Water Authority is still struggling trying to maintain the present demand. Councilman Wickham questioned what water capabilities he has for this parcel? Mr. Weiser said that there is a water main on the street, an existing dwelling which has water and a minor subdivision across the street that also has water. Supervisor Horton questioned the price of the units f6r the Factory Avenue parcel. Mr. Weiser replied approximately $250,000. for a 1300 to 1500 square foot single level selling with a garage. Mr. Weiser requested the Town Board to adopt a resolution authorizing the Supervisor to sign a certificate relating to affordable housing for James McMahon, Executive Administrator to send in with the grant application to Suffolk County. Mr. McMahon reported meeting with the Suffolk County Planning Conunission Affordable Housing Division and they were very interested in proposals for Southold Town. The possibility of receiving grants would bring the cost of the units down to $115,000. to $125,000. The New York State Affordable Housing Commission would also give $25,000 per unit to the County who would then dedicate them to the Town of Southold. Some of the units will have accessory apartments, so they should be able to get $55,000. from the state. Mr. Weiser is proposing 18 family units on 17.4 acres. Mr. McMahon said that Federal guidelines would preclude a family with two children because the units are too small. Planner Valerie Scopaz asked that the Board give some thought to the broader perspective and set some guidelines. Other applications are going to follow asking for increases in density. The Town Board agreed that having guidelines would make a difference. Councilman Moore commented that he should amend the application to go to HD District before the Town Board considers the process. Mr. Weiser said that he plans to do that. He asked again for the resolution to send tQ the New York State Affordable Housing Agency to authorize the Supervisor to sign. (The Town Board placed Resolution No. 16 on the agenda). Supervisor Horton expressed his idea of affordable housing as stimulating the rental market in the town. Mr. Weiser mentioned that the other issue is the County money which will take 6-8 months to get through. Supervisor Horton asked Mr. Weiser to make an appointment to sit down with him and discuss affordable housing sometime next week. 9:45 a.m. the Town,Board discussed IV. For Discussion items as follows: (1) Request for reimbursement for damaged tire at Disposal Area. This incident occurred at the disposal area and the personnel there tried to repair it in order to get them out of the disposal area. The Board agreed that it should be paid. However, they directed that Town Comptroller John Cushman be contacted to see if there is any sort of system or policy in place for situations such as this. IV. Proposed Dvirka & Bartilucci contract modification. This is the compost and capping budgets. It will be held to discuss in executive session with Solid Waste Coordinator James Bunchuck. IV. Clerk-typist floater position. This will be held for a meeting with department heads to determine needs. IV. 4. Advertise for Town Attorney resumes. This was already done at the January 2, 2002 Organizational Meeting in Resolution No. 11-0. IV. 5 . Substance of Blue Ribbon Commission for Preservation of Rural Southold. Councilman Wickham explained that this committee will have to do with long term planning for the Town of Southold. He expects a draft report of their findings by April 30, 2002 and the final report by June 30, 2002. A public hearing will be held after the draft but before the final report. The reason for this is that Councilman Wickham would like to give the Town Board the opportunity to talk about it before it gets out to the general public. This committee will consist of fourteen persons, seven of which will be Town government people. Councilman Wickham will write up a resolution of endorsement to present to the Town Board for adoption at the this meeting. He will get together the proposed slate of candidates for appointment to the committee for the next meeting. Justice Evans commented that she thinks it is a very broad charge, but in some ways that is good. She doesn't think that it is necessary to have further public hearings. There were already several public hearings held. Supervisor Horton remarked that the key to the success of this is going to be getting information out to the public and doing it on a timely and systematic basis so that the public is part of the process so that it doesn't become a plan that is done only by the Town Board. Councilman Romanelli said that he agrees with Judge Evans, in that he doesn't believe it is necessary to have further public hearings. All of the information and people from the past should be put together to work with. Councilman Romanelli also thinks that the key to the success of it will be getting the information out to the public at the right time when there is information to present. Councilman Wickham said that the committee will be non-political and non-partisan and the groups will work cohesively with the Town Board. Councilman Moore asked to add one more environmental person to the committee. Supervisor Horton agreed and directed that the time frame be included in the resolution. Supervisor Horton called on Howard Meinke of the NFEC to come forward and speak on the issue. Mr. Meinke said that the rural character of the Town includes all of Southold, not just farms, but also the woodlands, marshes, waterfront, and beaches. He called upon the Town Board to preserve all of the open spaces which make up the rural character, not just the farmland. He stated that operating farms are absolutely essential to a rural Southold. But, that doesn't mean that these other factors are not important. Planning, Affordable Housing and density are the real issues of the Town Board and they will continue to work progressively together to address these issues. Councilman Wickham will put the resolution together. All Town Board members agreed on the title for the committee. The Town Board called for a short recess at 10:27 a.m. 10:46 a.m. Town Board resumed review of IV. For Discussion items. IV. Creation of a Police Advisory Committee to assist the Town Board on important issues relating to the Police Department. Supervisor Horton will work closely with this committee and report once a month and delegate it to the Town Board. The way the Supervisor would like to see it utilized is for the committee to tackle issues, budget, personnel, new equipment, communications, cars, radios. Personnel is terms of how many people, not specific persons which would be for the Chief of Police to deal with. The charge of this committee would be to deal with the necessities of the department. The committee will consist of five people and will be put out to resumes. Councilman Richter stated that he would like to see one person from each hamlet area, persons who have the expertise to be able to make sound judgments. Supervisor Horton said that he would like to see people who have had extensive experience in the management of police departments. He thinks that is an important element as well as qualified people who do have budgeting expertise. Councilman Richter said that he gets a little concerned with too many people with police background. He doesn't agree with having the former chief of police on the commission. Councilman Wickham agreed with him that they might not want to have the former chief of police on the committee either. A management committee that will advise this Town Board on how best we can handle issues that affect the whole town. A good committee with quality people with the know how to analyze data, reports, etc, and detect patterns. Councilman Richter agreed that you do not necessarily have to go to hamlets, but you do need to get good qualified people. Judge Evans agreed that it should be someone with police training, just not from our town because they would be too close to the issues. It will be put out to resumes and the people will be interviewed. Councilman Wickham stated that in his mind it is largely budgetary, almost completely. IV. 7. Ethics Board terms and appointment of member. This issue will be investigated and if an appointment was made not in accordance with our own local law, it will be determined and action decided upon. Supervisor Horton had suggested correcting all of the terms of office of all appointed town committees and boards to have them expire on December 3 l't of the year of expiration. This change was made through Town Board resolution 0-18 at the January 2, 2002 organizational meeting. On motion by Councih-nanfhomas Wickham, seconded by Councilman John Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 11:04 a.m. for the purpose of discussing personnel, a particular person, specific persons on the Board of Ethics. Vote of Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. On motion by Councilman Thomas Wickham, seconded by Supervisor Joshua Horton, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 11:10 a.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councih-nan Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was declared ADOPTED. 11:11 a.m. The Town Board resumed reviewing IV. 8. For Discussion item re: Participation of Town Trustees in CSEA Benefit Plan 7. The Town Board of Trustees would like to have the CSEA Benefit Plan 7 and is willing to pay in fall for the benefits in order to have them. But the Town Board must authorize it. They already have Health Insurance for medical coverage. This is for dental and optical and other benefits. This matter will be held for two weeks to confer with the Town Comptroller. Approval from the CSEA will also have to be obtained. CSEA President Kent McCarthy must contact other members of their board and put the approval in writing. 11:15 a.m. the Town Board reviewed the resolutions to be voted upon at the 4:30 p.m. regular meeting. Supervisor Horton gave Councilman Richter, Chairman of the Parks, Beaches, and Recreation Committee some information on the Southold Mother's Club and asked that he involve them in some recreation projects in the future. On motion by Councilman Thomas Wickham, seconded by Councilman John Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 11:45 for the purpose of discussing contracts, personnel, particular persons, and litigation. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councih-nan Moore, Justice Evans, Supervisor Horton. This resolution was ADOPTED. On motion by Councilman Richter, seconded by Supervisor Horton, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 1:15 a.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This work session ended at 1:20 p.m. GENERAL MEETING JANUARY 3, 2002 4:30 P.M. A Regular Meeting of the Southold Town Board was held on January 3, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR HORTON: Approval of the audit of the bills? Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of$274,969.55; General Fund Part Town bills in the amount of$22,672.72; Highway Fund Whole Town bills in the amount of $45,694.06; Highway Fund Part Town bills in the amount of $106,714.54; Capital Projects Account bills in the amount of$4,250.00; Landfill Cap & Closure bills in the amount of$799.99; Community Preservation Fund (2% Tax) bills in the amount of$8,673.75; Computer System Upgrade bills in the amount of$1,308.58; New London Terminal Project bills in the amount of $3,578.00; Fishers Island Ferry District bills in the amount of $11,258.48; Refuse & Garbage District bills in the amount of $129,090.04; Southold Wastewater bills in the amount of $4,144.73; Fishers Island Sewer District bills in the amount of$690.27; Fishers Island Ferry District Agency&Trust bills in the amount of$710.09. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: The next regular Town Board meeting set for Tuesday, January 15, 2002, 7:30 P.M. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 7:30 P.M., Tuesday, January 15, 2002 at the Southold Town Hall, Southold,New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. I. REPORT. None. SUPERVISOR HORTON: We have no reports. II. PUBLIC NOTICES. SUPERVISOR HORTON: There are three public notices that are printed on your agenda. If you have any questions or what to reference the information is in my office in regard to-them. 1. New York State Department of Environmental Conservation Notice of Complete Application of Suffolk County Water Authority to install a new public supply well at Brecknock Hall, Main Road, Greenport, Town of Southold. Written comments by January 11, 2002. 2. Department of Army Corps of Engineers, NY District, request of William Hands, Jr. for authorization to install a timber groin for erosion prevention in Orient Harbor, Gardiners Bay, Orient, Town of Southold. Comments by January 5, 2002. 1/3/02 2 3. New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, Public Notice of application of Hampton Shellfish Co. for a proposed aquaculture activity in Great Peconic Bay, southwesterly of Robins Island. Written comments by January 26, 2002. III COMMUNICATIONS. SUPERVISOR HORTON: We do have a letter from Gershow Recycling thanking the Town for patronage and best wishes for the season. I have a copy of that in my office if anyone would like to read it. It is a very touching letter from that company. 1. Gershow Recycling thanking the Town for patronage and best wishes for the season. IV. PUBLIC HEARINGS None. V. RESOLUTIONS. SUPERVISOR HORTON: You know the Town Board policy is that the public has the opportunity to address the Town Board prior to passing of any of the resolutions if you would like to address the Board we will give you the opportunity to do so in regards to any of the resolutions on the agenda. Prior to passing of the resolutions you may step forward to the microphone and address the Town Board on Town related business. When you do step to the microphone state your name and where you are from for record keeping. At this point I would like to offer the public the opportunity to address the Board on the present agenda. ANTHONY PELUSO: Anthony Peluso from Greenport. This is on resolutions. What concerns me is that the citizens are asked to comment on resolutions, but the resolutions as we read them here are never complete. Not only this, but unfortunately there are too many, and then just before the vote someone from the Board will read the resolution, and all of the sudden you find out there is something like $11.00 an hour at the end of the resolution, so that I think then if we are going to make an informed decision about whether to comment that the resolutions ought to be complete as it will be read, as they will be entered, and voted upon. I think that will be very helpful to those of us who attend. The other thing is I don't know how you can vote, is it possible to have an unanimous agreement, an unanimous agreement, no disagreement, you poll everybody. I don't know if that is a requirement. I understand Southampton does it that way, but it may be something that the Board may have no choice. Thank you very much. SUPERVISOR HORTON: Thank you very much. Are there any other comments in regard to the agenda? (No response.) We will go on to the resolutions. #1 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 Care Environmental Corp., Landing, NJ for the removal of Household Hazardous Waste from the Southold Town Solid Waste District for the calendar year 2002. 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 Wickham, seconded by Councilman Romanelli, it was RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets 7:35 pm, Tuesday, January 15, 2002, Southold Town Hall, 53 095 Main Road, Southold, New York as the time and place for a public hearing on the purchase of development rights on agricultural lands of property owned by Robert Schreiber. Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a purchase price of$20,000 (twenty thousand dollars) per acre. The exact area of the development rights easement is to be detennined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. 1/3/02 3 A more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, 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. #3 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police 2001 budge as follows: TO: A.3120.4.400.400 Laundry&Dry Cleaning $ 4,100.00 A.3120.4.400.650 Vehicle Maintenance &Repair 4,140.00 A.3120.1.200.100 Part Time Regular Earnings 8,000.00 A.3130.4.500.400 FI Bay Constable 5,034.35 FROM: A.3120.2.300.100 Automobiles $4,100.00 A.3120.1.300.100 Seasonal Regular Earnings 9,858.00 A.3120.2.500.800 Lightbars 2,211.00 A.3120.2.500.600 Weapons 1,000.00 A.3130.2.400.400 Buoys 410.00 A.3130.2.300.100 Automobiles/Light Truck 593.00 A.3130.2.300.300 Boat Engines 1,000.00 A.3130.2.400.150 Light Bars 929.00 A.3157.4.600.300 FI Travel 1,173.35 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 Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold herebV rescinds resolution no. 882 adopted at the December 18, 2001 re2ular meetintz. 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 Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 872 adopted at the December 18, 2001 meetin2. 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 Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Supervisor Joshua Y. Horton to attend the New Town Officials School at the Marriot Hotel, Albany, New York on January 6, 7, 8, & 9, 2002. All expenses for registration, accommodations, meals, and travel shall be a legal charge to the Supervisor's 2002 budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 97 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold Hereby accepts the resignation of Linda Searpinella from her vosition as personnel assistant in the Accounting Department effective December 31, 2001. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. 1/3/02 4 This resolution was duly adopted. #8 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 General Whole Town Buds!e as follows: From: A.2025.00 Special Recreation Facility $145,000.00 To: A.1620.2500.850 Tasker Park linprovements $145,000.00 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 Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District budge as follows: TO: SR 8160.4.100.800 Maint Facilities & Grounds $ 13,000.00 SR 8160.4.400.625 Tire Repair $ 691.07 SR 8160.4.100.595 Tub Grinder Maint/Supply $ 550.78 SR 8160.4.100.100 Office Supplies/Stationary $ 116.10 FROM: SR.8160.4.400.600 Scale Maintenance $ 13,691.07 SR 8160.4.100.610 Forklift Maintenance/Supply $ 666.88 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #10 Moved by Justice Evans, seconded by Councilman Romanelli, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 4th day of December, 2001, a Local Law entitled "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold",now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York on the 15 TH day of January, 2002 at 7:37 p.m., at which time all interested persons will be giv—en an opportunity to be heard. The proposed "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold" which includes the following: BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold is hereby amended as follows: ARTICLE TV, Parking, Standing and Stopping §92-49. Additional parking regulations. A. No person shall park a vehicle so as to obstruct a fire hydrant. B. No person shall double park a vehicle on any Town highway or roadway. C. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. D. No vehicle shall be parked upon any highway without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. E. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the roadway exists. F. No person shall park a vehicle so as to obstruct any driveway. G. No person shall park a vehicle in a position not entirely within the area designated by parking space pavement markings. §92-49A. No Stopping Zone. 1/3/02 5 The parking of vehicles is prohibited at all times in the following areas designated as "No Stopping Zones": Area Description (Reserved) §92-49B. Fire Zone The parking of vehicles is prohibited at all times in the following areas designated as "Fire Zones": Area Description (Reserved) §92-49C. Bus Stops. The parking of vehicles is prohibited at all times in the following areas designated as "Bus Stops": Area Description (Reserved) ARTICLE IV, Penalties §92-60. Penalties for offenses. [Amended 5-13-1997 by L.L. No. 10-19971 B. All persons cited on a town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine of$35 as set forth below and shall answer and,ler- app on or before the desigiiated r-etaffi d 30 dUs after the issuance of the summons. Persons failing to appe en or- befer-e the design4ed r-e dftte answer before the eMiration of 30 dUs after issuance of the summons shall be subject to the fellewing sufehar-ges -penalties set forth in the Penalty Schedule below, in addition to the prescribed fines: (1) For-failing te answer-and/er-appear-within fii.-ee ffieffths ef the r-etuffi date! $20. (2) Fer- failfiig te answer- aiid/er- appear- within six: meftffis of the r-etum date. aii addifienal $20 in addifieii to the sufehar-ge itftpesed in Subseetioa B(1) above. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #11 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby removes Bonnie Doroski from the contingent permanent position of full-time "floater" Clerk Typist, and appoints her to the position of Clerk Typist in the Town Clerk's office effective January 3, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #12 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Theresa VanEtten to the full-time position of Clerk in the Southold Town Department of Human Services at a salary of $24,508.64 per year, effective January 22, 2002. 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 RFSOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Horton to execute an agreement with Albrecht, Viniano, Zureek & Company, P.C. for professional services related to the 2001 year end audit. 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 Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Brian F. Schriefer, as an intern for the Southold Town Police Department commencin2 on February 1, 2002 and ending on May 22, 2002, as he completes his 96 hour requirement for college credit. Mr. Schriefer to serve without compensation. 1/3/02 6 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #16 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to si2n arant applications to the New York State Affordable Housing Corporation and the County of Suffolk, as part of the Town of Southold Afforda Housing Program. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #17 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the following Town Board meeting schedule for the year 2002: SOUTHOLD TOWN BOARD MEETING DATES -2002 January 2 Organizational Meeting 11:00 A.M.(Wednesday) 3 Regular Meeting 4:30 P.M. (Thursday) 15 Regular Meeting 7:30 P.M. 29 Regular Meeting 4:30 P.M. February 12 Regular Meeting 7:30 P.M. 26 Regular Meeting 4:30 P.M March 12 Regular Meeting 7:30 P.M. 26 Regular Meeting 4:30 P.M. April 9 Regular Meeting 7:30 P.M. 25 Regular Meeting 4:30 P.M. (Thursday) May 7 Regular Meeting 7:30 P.M. 21 Regular Meeting 4:30 P.M. June 3 Regular Meeting 7:30 P.M. (Monday) 18 Regular Meeting 4:30 P.M. July 2 Regular Meeting 7:30 P.M. 16 Regular Meeting 4:30 P.M. 30 Regular Meeting 7:30 P.M. August 7 Fishers Island Meeting 1:30 P.M(Wednesday) 13 Regular Meeting 4:30 P.M. 27 Regular Meeting 7:30 P.M. September 10 Regular Meeting 4:30 P.M. 24 Regular Meeting 7:30 P.M. October 8 Regular Meeting 4:30 P.M. 22 Regular Meeting 7:30 P.M. November 7(Thursday) Public Hearing Budget 2003 4:00 P.M. &7:30P.M Regular Meeting 7:05 P.M. 19 Regular Meeting 7:30 P.M. December 3 Regular Meeting 4:30 P.M. 17 Regular Meeting 7:30 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #18 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for resumes for members of the Board of Ethics. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #19 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby transfers Barbara A. Rudder, Administrative Assistant in the Suvervisors Office, to the Town Tax Receiver's Office, effective January 7, 2002. 1/3/02 7 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #20 Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby gives the foRowing charge to the Blue-Ribbon Commission on Preserving Rural Southold: To preserve operating farmland in the context of overall planning in the Town, which includes issues of environmental quality, open space, potential population density, affordable housing, public water and others; and specifically to • Recommend specific preservation targets, • Recommend feasible steps to achieve those targets, and • Seek a consensus in the Town regarding both the targets and the steps; and Be it Further RESOLVED that said Commission will present its recommendations to the Town Board and to the public through a series of hearings,by June 30, 2002; and Be it Further RESOLVED that the Town Board endorses recruitment to this Commission of fifteen (15)people to serve without pay. 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 Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby creates the Ponce Advisor Committee to help the Supervisor and Town Board mana,2e the Ponce Department, and gives the committee this charge: To analyze police data, staffing and equipment needs, and budgets To report to the Supervisor and Town Board at least once every four weeks on its Findings To recommend to the Town Board practical management options that, while retaining the effectiveness of the department, would (a) significantly reduce its cost and (b) increase its accountability to the public and to the Supervisor and Town Board. And be it Further RESOLVED that the Town Board authorizes the Town Clerk to advertise for people to fill five (5) seats on this committee, all to serve without compensation until December 3 1, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #22 Moved by,Councilman Richter, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold engaged the professional services of Bartlett, Amoraso &Recce-Architects, P.C. in relation to a proposed addition and alteration to the existing Town Hall facility; and WHEREAS the Town Board of the Town of Southold has determined that said project will not be pursued farther; therefore be it RESOLVED that the Town Board of the Town of Southold authorizes the payment of$20,000.00 to Bartlett, Amoruso &Recce-Architects, P.C. representing complete and full payment for services rendered to the Town and; be it further RESOLVED that the Town Board of the Town of Southold hereby terminates the design and contract administration agreement and architect services agreement with Bartlett, Amoruso &Recce- Architects, P.C.; be it further RESOLVED that the payment of the$20,000 referenced above is hereby conditioned on and subject to Bartlett, Amoruso &Recce- Architects, P.C. and the Town confirming in writing that it is mutually agreed between the parties that the contract is tenninated and that this payment represents full satisfaction for all services rendered under the contract and that all parties obligations under the contract are fully satisfied. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 1/3/02 8 SUPERVISOR HORTON: That concludes our resolutions. Do any board members have something they would like to put forth? We have no public hearings tonight, so at this time I would like to offer the floor to concerned citizenry of Southold Town who would like to address the Town Board on town related business. RICHARD BISHOP: My name is Dick Bishop. I live in the area directly behind the cemetery called Harvest Homes about two square blocks. There was an application made before the Zoning Board some month ago, and the reason was to have the use of a B&B in their house, a new home, and as concerned citizens, and people who are aware of this particular property we went to the Zoning Board meeting on the December 13 th, and we requested that the permit not be given for a variety of reasons. One would be degradation of home values due to the fact that this is a very quiet L-shaped area. There are about fourteen children who use the streets. So many years ago I was a motel owner in four places, and somewhat rare for the hospitality that motels and B&B's have. I educated the Zoning Board at that time that we went about as neighbors, and we asked the people that acquired the area where they in favor of B&B in that location. It was a type of a shoot from the hip type of survey. There were about ninety people in the survey about 85% to 90% did not want a B&B in the area. It was fairly correct, and part of the Harvest Homes development, according to the Zoning Board, and we felt that we had a fait accompli complete. That this was accomplished fact. Now I am not an attorney, and I not familiar with these various manifestations of legal procedure with the Town of Southold, but I understand the state of the art to prove B&B's some years ago, as I understand, correct me if I am wrong, about twelve years ago the Town of Southold had remapped the plan. At that time they were concerned with the idea that a B&B would be feasible. The requirements for a B&B are very, very modest. Basically you should have a house, and that is it. There is no survey to tell whether it has sanitary facilities, or adequate legal facilities, evacuation in case of fire, a host of things. The only thing the Zoning Board as I understood it, was to restrict the driveway to take care of the number of people that was going to be staying at the B&B. This may seem presumptuous, but I feel that with the survey of individuals who don't want this within their community, that there be a moratorium, if I would, placed upon, at this time by this Board, I request a moratorium on B&B's in existence. Now, the Zoning Board is going to rule, as I understand from it's Chairman, sometime between their two meetings of the I Oth of January and the 24 th of January as to the liability of the existing B&Bs, so therefore we have or I have time limit, and would request that you place a moratorium to explore as a Board after some twelve years, and with the continuing problem in the area of, I don't want to say overcrowding, but pumpkin groups, song fests, four from Riverhead to Southold on pumpkin day by car seems kind of silly. This is complex. It involves all sorts of things that relates to you people, but as far as we are concerned as people across the street from a B&B we would like to see a moratorium at this time for reasons I have suggested, and give you enough time to reconsider whether you want to continue to have B&Bs within the community. I think'that regulation type of hospitality areas, like motels and hotels are better suited. Yes, I have an axe to grind. I don't want to have a B&B next to me with doors slamming, people coming in from the city, and leaving at eight, having dinner at nine, and arriving here are 11:30, and we are a little dead end street that doesn't have any lights, or anything else. It would seem to me that there should be some sort of oversight. Do you have any questions you would like to ask of me? COUNCILMAN RICHTER: Where are you located exactly? RICHARD BISHOP: Do you know, sir, where the cemetery is? Directly behind it there are two square block areas. They used to be the old Grigonis farm, and it has maybe fifteen, twenty-five houses, something like that. It has been existence for about thirty years as a development. COUNCILMAN ROMANELLI: I do believe there is a limit on the number of bedrooms that we have on our Code. I believe it is three, or did we raise it to five? COUNCILMAN MOORE: We did increase it, but there was some criteria on that, too. It is up to five, but you have to have parking for it. RICHARD BISHOP: I do believe you might be right. I think there are some that are quite extensive further west from here. The feeling of B&B is this. There is number of come in along the Main Road 25 abutting, North Bayview, something like this,but in the boon docks, as it were, across the cemetery, which should be a National cemetery, which is one which has veterans of every war. I have been in two myself. I feel that this is if not a sacred Arlington sort of thing, something akin to it. Anything else you would like to ask me? If you could give me a moratorium today of a reasonable duration you could overlook this, decide what you want to do, and it would be appreciated. 1/3/02 9 COUNCILMAN MOORE: I can tell you, and Greg can jump in. A moratorium, even if the Board were inclined to do a moratorium legally we couldn't. I mean, I think the Town Attorney can address the question of moratorium. Even if the Board was disposed tonight to help we don't have the ability legally to impose a moratorium in kind of timetable that you are discussing. It is a zoning act of itself. It requires an entire legal process we go through to impose a moratorium of any type, this type or any other type. I don't want you to go away from here thinking that we could do that. RICHARD BISHOP: This is an established fact. COUNCILMAN MOORE: I don't know what the status of that application is, whether the hearing is open, whether it has been closed. That I don't know, but I don't want you coming away from here feeling that we could think about, and do a moratorium for you. That we couldn't do. RICHARD BISHOP: Thank you for your time. SUPERVISOR HORTON: One thing I would like to add to that is that just in the essence of how much time and effort you put in going throughout the community, and raising concerns, the research that you put into it, and the process that you personally went through to come to the notion that perhaps a moratorium would be appropriate for us in a few minutes without having done that same research. Even if we were able to do so it wouldn't be prudent on our behalf. RICHARD BISHOP: Let me extend this a little bit further. How about a referendum on B&Bs in the Town of Southold? COUNCILMAN MOORE: It is a similar process. In fact that is an even longer process to put in place than a moratorium. SUPERVISOR HORTON: You are not shut down, and actually to assist me, and I tell this to folks throughout Town Hall, at least I have for the past two days is that any concerns that you might have articulate on a piece of paper delivered to my office is certainly there for consideration. I would appreciate that. Your thoughts are articulated on a piece of paper to my office, which helps me. I appreciate that. Mr. Carlin? FRANK CARLIN: Good evening, ladies and gentlemen of the Board. My name is Frank Carlin. I am from Laurel. Tuesday, Super-visor Horton you were speaking to me at the meeting Tuesday. You sort of caught me off guard. You said to me, if you want to, Mr. Carlin, you can say something tonight. I said, no, no, no, this is your day, but I would like to speak on something today. I have been before seven Supervisors in the town already. You are number eight, and I want to wish you all the luck in your new job. Somebody said to me the other day, how do you think he is going to do? I said, I have a formula that I use. I will tell you what it is. I make believe letting somebody play the field. You are going to say to himself, what does he mean by playing the field? Well, see how he carries the ball, see how he goes down the line, and then I will have more knowledge about what his abilities are, and how he will do the job rather than making rational statements about somebody before you even know anything about his background. All I am saying is, no one knows what is in the book until you read it. In the Suffolk Life I am reading some of the members of the Board what you have planned, and what you want to accomplish in the year 2002. They are all good. I don't see nothing wrong with them. Bill Moore, you have a problem, or you want to be worrying about what I am concerned about is the PBA contract and the Civil Service contract. Mr. Richter, open space, affordable housing, and land preservation, each one of you have little something you would like to have done, and moving ahead on Town Hall. Mr. Wickham, he would like to see a YMCA in Greenport, and so on. There is nothing wrong with that, but there is a few of them I want to point out to you right now. The improvement of the Recreation Center needs to be improved on Peconic Lane there. Also, working to keep the budget down, reduce taxes. The only one I heard say that was Supervisor Horton in his acceptance on Tuesday. One most important one, also to me, and this one means a lot to me, is when and how...when we will ever get the animal shelter started. Now, who can address this to? I know you are one the .committee now for the animal shelter, Bill Moore. You want to handle this one, or should I go to John? If I go to John I have to be careful what I say to him because I want to keep warm this winter. John, let me give you a little something here that I think is not right. I come before this Board four months ago to ask about this progress of the animal shelter. About three months ago was the last time I spoke to you about it. Mr. Raynor donated $250,000 for a new animal shelter, not a rebuilt one. The agreement was a new one. He come along, and he say, hire 112M engineers for $18,000 for proposals and specifications, and it will be started, well, in the winter? No, it is already January and I don't see nothing going on. No ground being broken. I don't understand this. Why is this not starting? I mean 1/3/02 10 why are we taking so long while we should have an idea of what we want to build, and what we don't want to build. I mean this doesn't make no sense to me. This is almost nine months, and I don't understand. Have you communicated with the Animal Shelter League since last spring? Now, to me'I would like to see at least a report at least from this Board once a month from you, John, progress. You haven't done that as far as I know. I haven't made a few Board meetings lately, but my God, let's get moving on this. These poor animals have got to go through another winter. COUNCILMAN ROMANELLI: Frank, January 17 1h the bids are opened. The specs went out. The th opening date for the bids is January 17 , two weeks from now, is when the bids will be opened. Approximately 25 separate contractors have picked up the bids. The bid spec is probably a good three inches thick. So, the opening of the bids is the 17 th. The estimated date for construction that was put into the bids was March. That was put into the bid specs that estimated starting time for construction would be the March 2002. FRANK CARLIN: That is when the bid is going to be in and out. COUNCILMAN ROMANELLI: No, the bid will be given out shortly after January 17'h. The estimated date of start of construction, start of construction, would be March 2002, which is roughly what? Sixty days? FRANK CARLIN: This is for a new shelter, right? COUNCILMAN ROMANELLI: Brand new from the ground up. FRANK CARLIN: That is what he specified in his $250,000. COUNCILMAN ROMANELLI: That is correct. Assuming the bids come in within a budget we may have to end of having to scale the building down, or make some changes to it. We have see what the numbers are going to come in at. FRANK CARLIN: Then you have the full $500,000, right? COUNCILMAN ROMANELLI: We have the full $500,000 on hand. Yes we do. We are just hoping that the bids come in somewhere close to that number. FRANK CARLIN: Maybe by this time next year if it happens like you say, the animals over there will be rocking and rolling, and singing, Joy to the World, or something. SUPERVISOR HORTON: They will be singing, Jailhouse Rock. FRANK CARLIN: That sounds good. Now, Mr. Horton, before I leave here I have been doing some research on you, too. I got a feeling I am going to like you. SUPERVISOR HORTON: Likewise, Frank. Thank you. Have a good evening. Sir? ARNOLD BLAIR: Good evening. Congratulations. I have a few things I would like to address to the Board. First I would like to thank you for approving the amendment to the budget that would allow the tennis courts to built. I thought I was going to be on time for that vote. I wanted to applaud you at the time. I was ten minutes late, missed the vote, but applaud you now, and thank you, and all the tennis players in town thank you. A second issue is one that I have mentioned to the Board several times over the past year, and that is the issue of whether you call it a recreation center, or what, or some kind of facility for the town, which is desperately needed. Tom, I know this was a pet of yours when you were on the Board last. Now that you are on the Board again hopefully you will be impetus to get the ball rolling in that regard. I am a big proponent of it, and I have several times in the past volunteered my services gratis to the Board, and I would like to do so again. If you need somebody to actively get involved in studying the feasibility, getting the ball rolling I would like to offer my services. I think it would be a great, great plus for the town. Everybody I speak to in town, every family desperately wants a facility of that, and we need it. So, again, I volunteer my services, and hopefully this time they will be called upon. The third issue I would like to address is something a little more serious. I wrote an open letter to the Town Board to both the newspapers a few weeks ago. It was published in the Traveler-Watchman. The Suffolk Times didn't publish it. The impetus was an article I was reading in Newsweek magazine when I was on Sunrise Bus coming back from the city a few weeks ago, and I was reading about the progress of the war in Afghanistan, and was very shocked to see an article, or an 1/3/02 11 excerpt in one of the articles talking about a Pakistan nuclear scientist, who was a consultant to the Taliban regime who had a house in Kabul that was raided by the U.S. military, and they confiscated many documents, and in the documents there were an alanning amount of research done on various biological and chemical weapons, and warfare, a lot of internet search material printed out, and amongst the things the found was a New York Times article on Plum Island. Sudden the bulbs went off. I don't mean to sound alarmist. I am not an alarmist type personality but one just has to add one plus one, and they do usually equal two. There is obviously a continued threat to this country. We feel quite far removed from the focus of the big cities, New York. If you go into the city you see an enormous amount of safety precautions still in place. To get through the Midtown Tunnel is running a gauntlet. Every potential terrorist target site is very well guarded by police, by military. There is an ongoing coordinated effort between the Federal government, the State and the City to prevent what we all think of as further unthinkable acts. Living out here in our lovely quiet peaceful community you would hate to think the unthinkable that something could happen out here at Plum Island. What set off the alarm to me in conjunction with the article was a National Public Radio broadcast I was listening to the week before where the interviewed several terrorist expert talking about, well, what could be the next terrorist target? What are the likely targets that the Al Qaeda network would likely target if they were still able to. One of the leading ones it seems to be the consensus of the experts in the program was attach on the livestock of this country, and they went on to explain that a communicable disease entered into one feed lot in this country within twenty-four it spread to ten or twelve states, because of the nature of cattle raising, and distribution today, and they talked about why this would be a violable threat and the reason is that such a large part of economy depends upon the food chain. It just starts at cattle raising. It goes all the way through the economy right down to your local restaurants and supermarkets. So, thinking about one plus one equals two if this is a possible target of terrorists, if terrorists sitting in Afghanistan are perusing articles and maps of Plum Island I would be an alarmist, but I would have pause for thought and have some concern about it, and say, well, what should we do about it? I am just raising issue to say that I think we should do something about it, and I bring it to your attention to say that I think as a Town Board you have the right as well as the obligation to be involved in knowing what the government knows about any potential threats to Plum Island. Just as any big city Mayor and Governor is currently being advised by the Federal government if there are potential threats, if there is any knowledge of any threats to anything going on within their State, within their city, I think it certainly gives you the right and obligation as well to know what is going on in terms of any potential threats to Plum Island. So, I implore you to get involved, whether it is contacting State, Federal officials, somebody. I think you should let them be on familiar tenns with you are here, you are interested you have a right to know what is going on. To refuse to involve you would be akin to refusing to alert the Mayor of New York City to what potential threats there might be to a Federal facility with New York City. Town Board, Mr. Horton as Supervisor I think you have a right and I would like to see some effort made to reach out to State and Federal officials to say that you are concerned, you have a Federal facility in our Town that could be a potential target if such events were to unfold. We should be aware of plans, contingencies, and so on. SUPERVISOR HORTON: Mr. Blair, thank you for that, and having given that a great deal of thought prior to taking office I reached out to Plum Island, and I have the intention of, actually I was trying to set it up today, make an appointment with the Director of the Island, and I would like to go over to Plum Island. I have worked there in the past in the marine transportation end of it. I was there as an employee, but I agree with you. I agree 100%, and I have reached out, and I will be taking a trip over to Plum Island in the near future. I look forward to doing so. It is an interesting point that you raised that livestock being a target of terrorism an attack on the States. It is frightening. It is horrific, and it puts us in a very interesting position, because not only does it make Plum Island in my mind somewhat of a threat, but it also enhances the need for Plum Island, and I think we have to take that very seriously as well. It is high on my list of things to do to take a trip to Plum Island and to discuss as openly as I can. We know how difficult it can be dealing with Federal administrators. As well I have reached out to Coast Guard Group Moriches, and I have a call in there to the Commanding Officer, the Operations Officer, because I am very curious to know what the Coast Guard patrolling mechanism is right now for not only Plum Island, but Millstone, and Groton, in that area. So, I appreciate you pointing that out, and to reconfirm that something that is a concern that will not lay low. ARNOLD BLAIR: We all know from past years how incommunicable both the executives of Plum Island and the Federal government have been about Plum Island to the Southold Town Board, and I think in these times that just doesn't wash. That is not acceptable behavior on their part in these times. I think you have every right to know what is going on. You are acting on behalf of all the citizens of Southold Town, and you know, it is so unthinkable, unfathomable that there could be a terrorist attach on Plum Island, but who know what is possible, what is conceivable in these strange times. I mean we all hope that nothing does happen, but if there were a terrorist attack that did target the cattle industry 1/3/02 12 Plum Island would go hand and hand with that as a potential target, and I appreciate what you are saying about taking a trip over there, but I also think efforts should be made to reach out to Governor Pataki's office, to the Federal government in terms of the Homeland Defense Department, who's department now communicates information to the states and the cities. I think some voices should be raised to let them know we are here, and we are concerned, and we want to be involved. SUPERVISOR HORTON: Will do, and I appreciate that. Thank you. It is interesting way for Southold Town to serve a patriotic duty to house Plum Island, and try to work cooperatively. ROBERT VANBOURGONDIEN: Good evening. I am Bob VanBourgondien. I just want to say, I like what I am hearing about Plum Island. It is probably one of the most important facilities to this country. The economic catastrophe should we get Hoof and Mouth alone would devastate this country like we have never seen before economically. I had an opportunity to talk to Dr. Huksell probably about two years ago. He is well aware of the fact. I think that he can be worked with. He is a real down to earth guy. I like what I am hearing saying that Plum Island is important. It is. More so than we even know. Thank you. SUPERVISOR HORTON: As well I have made the effort to reach out to one of the heads of the CAC in Atlanta, Georgia, so it' is something that is forefront in my mind. Plum Island is important to the nation. Is there any more comments from the floor? FRANCES SLEZAK: My name is Fran Slezak. I live on Alvah's Lane in Cutchogue. I am here because I am very concerned about the loud disturbing noises that are interfering with my peace, my quiet, my comfort, and the quality of my life coming from the dirt bikes, and the ATV's being used on an approximately 200 feet long by 70 foot jumping track that runs parallel to my property on my north side constructed on the Schneider's greenhouse's property. The last thirteen days the dirt bikes have been on the jumping track every day three hours a day. The noise is a loud continuous intensely riveting and accelerating, so that the bike can climb and jump the nine foot jumps with approximately twelve to fifteen jumps. The track first came into existence in November of 2000. 1 approached Mr. Ernie Schneider, Jr. on 11/19/2000 after there had been two days, one day the November 12, 2000 the noise running from 11:30 to 3:00 with trucks and vans just coming left and right, and I didn't know exac,i tly what was going on, coming and going. It wasn't that he was using them. Other people were coming. So, I went over to him on 11/19, and I said, you know, what is happening. I live right next door. The noises are really just not what I want to hear. They are very disturbing. He told me at this time that he was letting these people use the track, because they needed to test their motorcycles, and I said, you know, I live here, and I think this isn't the way it should be. Well, it is just temporary, and since they are building it, you know they are not going to stop right away, so I can't ask them to stop. I said, well, if this is temporary I cannot live with this. I completely object to this. They were there 11/24, 11/25. There were there 12/2, 12/3. 1 have all notes because I was running around writing on scratch papers, because I could not live with this noise. I thought there was a noise ordinance. There wasn't a noise ordinance, so I didn't know how to approach this. I just was putting up with it, but I was very unhappy with it. January and February there is a lull of activity there, because the weather does change, and it was very difficult to go on these nine-foot jumps, but what was happening since I live across the field from vacant land, and Mrs. Kanarkosi's land which is back on a development some of the same people, some of the ATV's, not all, but some of the same ATV's, and I have twelve pictures of kids coming on the property with no trespassing signs coming on that property, and I have picture of them on Alvah's Lane on the cement going up the side of the vineyard, Mr. Watt's vineyard, going in the back, and I could also hear them going over to the Mr. Schneider's house. I was living with this. I have 12 pictures here. I can show them to you. I have pictures of the track, which are not terrific, because I am learning how to use the computer, and how to use a digital camera, and the computer. I have them here, and am just fumbling here, because I am a little bit nervous. I have pictures to show th th the track. The sound, the noise, the dirt, October 27 , our October was the 5 driest October in 100 years. I can't tell you how the wind, because it is also a very windy location. This is where Alvah's Lane goes to Oregon. It is open there, and the wind just blows. The amount of soil and dust that was th coming over to my property caused me to call the Police this October 27 . I said, you know, this is ridiculous. I have been to Mr. Forrester several times. If I may backtrack. I mean, I have dates galore and records galore that shows that I have had so much trouble with these kids coming on the property that I called the Police. I have the dates, the times. I have everything written here. I ess I am just nervous now. But, I have everything written. I went to see Mr. Forrester on Ap I IT ri , and I said to him, can something be done here? I don't understand. Is there a permit for a track? What is the situation with the Town? I am not aware. He said, there is no such thing as a permit for a track, and I explained to him what Mr. Schneider told me, how this is just temporary. He was doing his friend a favor. He told me that, well he said come back in two weeks. If they are still continuing with the track, 1/3/02 13 and I will initiate legal action, because he said there is no such thing as a permit for the track. So, I went back in two weeks in person. I went 10/24 1h. He was not there. He was upstate somewhere on a conference. I left a note. 4/14, 1/19, four dirt bikes, I could give you copies. I don't want to bore everybody, but I have everything here. Then I was getting harassment from the dirt bikers, who were coming from that development along side, 5/12, 5/13, 5/17, 5/19, 5/31, 6/1, 6/9, 6/15, 6/17, 1 went to Schneider's property, 6/18, and this is going from to 6:00 and 7:00 P.M. at night. 6/22, 6/23, this a daily nuisance. I mean once the track was there these people who used to come and look at the track with other people going to Schneider's property, not to mention to noise, and the dirt, and the people, and the traffic, and the danger that was happening. I have a picture here that shows my driveway is opposite the road, it's not a road, but where the kids were coming from the development. They were coming along this road, which is opposite my driveway. I was coming home one day up Alvah's Lane. They were shooting out there without looking, and it is a good thing I was slowing down to go into my driveway because I would have killed them. They were coming out without looking to go on Alvah's Lane. That caused me to go to the Police Station in August. I said this is a dangerous situation. August 27 th I went there. I went to the Police Station, and I started telling him my situation, that there is a dangerous situation, cars are coming up Alvah's Lane. They are not going to see the kids shooting out, because there is a tree farm there. They are coming out behind the trees and corn is going to be growing there, and I am going to be coming out my driveway. Somebody is going to get killed. He said, do you live north or south of Alvah's Lane? I said, north. He said, oh, people in the south have been reporting that this has happened, and I have already talked to the kids. If you talk to the kids look at the times and dates when they were here. He said, well, this shouldn't be happening because I spoke to the kids. Whatever. So, as it turned out, 8/28, 2/29, it continued. August 3 l't, I mean I just have dates ongoing where they were constantly going to the back of the vineyard. They were trespassing, not only were they going to the back of the vineyard they were continuing going west, then they were going south, crossing the North Road, and going on to other properties. Trespassing. They are not supposed to be on the vineyard. They are not supposed to on vacant land. SUPERVISOR HORTON: May I ask? You have painted a very clear picture. You hide your nervousness well. If I may ask, I know you mentioned that you spoke to Ed Forrester, and you spoke with the Police Department, and how many times have you corresponded with the property owner? FRANCES SLEZAK: Once. Only once. Well, when I walked away from his greenhouse his response was, now, you have to understand how the greenhouses are. It is just fifty feet from my house. He went and put the generator on full blast, and it wasn't on. It was like, I am going to show you, lady, and that is how I took it, and that was the attitude. If he is going there every day what am I going to say to him? SUPERVISOR HORTON: It is an interesting problem because it is something that I faced as a teenager, and something that I have seen grow, and grow, and that was naturally at one point you could ride a motorcycle from Greenport to Orient Point, and never be noticed. As time goes on there is still the urge... FRANCES SLEZAK: I am not talking about motorcycles. I am taking about ATV's trespassing on property. SUPERVISOR HORTON: It is an existing problem. Another question I have is, have you contacted the vineyard owner? FRANCES SLEZAK: Yes, I did. I spoke to Mr. Dickerson, and also wrote a letter to Mr. Watt. Mr. Dickerson told me that Mr. Watts said there is no one to be trespassing on the property. I also called Mr. Tom Lynch, I believe it is, the property manager, of vacant land. He said, I have done everything I can to keep them off the property. There are no trespassing signs, and I don't want them. I have pipes and stuff, and I don't want them there, so guess what. They are still there. I have done everything I can. Now, I am a outdoor person just as much as they are outdoor people who want to have recreation outside. I am talking about the peace, the quality of life. I have a friend that used to be able to walk down that street, and not worry about ATV's coming at you, or hearing the noise for three or four hours at a time. Do you know how loud it is when they rev it up so high to make a nine foot jump? And it is continuous. There are three runs, three of them 200 feet long, and then there is four lanes going in between them, and there is three or four people at a time. I mean I have to live with this? Is this my quality of life? I understand...I went to the library and I did some research, and I see here that there is a Chapter 60. The intent, motor driven vehicles, the intent of the Town is to preserve and promote the health, safety and general welfare of those inhabitants of the Town of Southold, who wish to use and operate motor driven vehicles on private property or municipal property. It is also the purpose of this chapter to prevent those inhabitants of the Town of Southold who wish to use and 1/3/02 14 operate motor driven motor vehicles from trespassing on public or private property in the Town of Southold from annoying inhabitants, and from creating a public nuisance. Then it goes on to restrictions. It goes down further. On property owned by the Town of Southold and privately owned property as follows. In such a manner to create loud, unnecessary and unusual noises, or to disturb or interfere with the peace and quiet of other persons. Something has to done. I don't want to live with this. They were here the last thirteen days every day for three hours. SUPERVISOR HORTON: At this point, what I will do, I will call Chief Cochran tomorrow. FRANCES SLEZAK: He has already called me, sir. SUPERVISOR HORTON: That is fine, and I will call him as well as this point. FRANCES SLEZAK: So, what is that going to do? SUPERVISOR HORTON: When the Supervisor gives him a call we will see what it does. I don't know yet. FRANCES SLEZAK: When I spoke to Mr. Forrester I was there Christmas Eve Day, because they also brought a box truck with three ATM's. SUPERVISOR HORTON: I ask that you give me the opportunity to exercise what very little power I have at this point, and I will reach out and do that. I think I speak on behalf of the Board. COUNCILMAN MOORE: Can I just ask one question? At any point in dealing with either Mr. Forrester or more importantly, I think, the Police Department, has anyone requested any of the owners, yourself included, to sign any affidavits or complaints? To take the complaint and actually file it? They are taking your reports. FRANCES SLEZAK: I don't know the procedure. I know when they came up. First of all one policeman said to me, oh, that road, I know that road. That's okay people go on that road. FRANCES SLEZAK: I said, no, that is a road to the vineyard. I know. I have the map. COUNCILMAN MOORE: And owner is not giving consent. FRANCES SLEZAK: The only time I called the police on the track, which was recently, October 27th, when everything was coming around, the Policeman came back, and said, well you know if you really keep complaining you know what might happen? They just might go right on the boundary line. They might go back and forth, and then you are really going to have a problem. I said, you know this is really ridiculous. Mr. Cochran called my home. Mr. Forrester called Mr. Cochran. The policeman have been very nice. They have searched. I told them where they live. They live right in that area. My husband was up on the roof putting a roof up there one time he could see where they went. We didn't incriminate anybody in particular, so I just said they live over there, because they are always coming over there. They come at 4:15 all the time. I have everything recorded, sir. I appreciate your concern but I would really like this noise to stop. Now, Mr. Forrester suggested that I call the police every day, and you know whenever they come. I really don't want to aggravate people. I don't want to call the police every day. I don't want retribution from kids coming because I have the Police at my house every day. That is another whole consideration of the kids seeing what is going on. I mean I don't want to be in that situation. I am trying to come to the Town. Maybe there is some kind of a law, which I think there is. I don't know. I am not the legal attorney here, but it seems to me that something should be done, so I don't have to have this noise. COUNCILMAN WICKHAM: I think we have to give our Supervisor an opportunity to look into this, get back to you, to find some solutions. FRANCES SLEZAK: Thank you. SUPERVISOR HORTON: It is not an easy solution. I understand that, and I understand the position that you are put in. Thank you for approaching the Board. I will give the Chief a call tomorrow. ALF SOMMERSTAD: My name is Alf Sommerstad. I also live in Cutchogue, and I am concerned about the noise. I am a nightshift worker. I have to sleep during the day, and I can hear these guys even 1/3/02 15 inside my house. I mean, I don't know whether he is running a nursery over there, or a dirt track. I mean it is pretty disconcerting these dirt bikes going round and round and round for about three or four hours a day is just not right. They are not just coming once a week for a few minutes, but I think they have been there ten out of the last twelve days. Sunday mornings, holidays. SUPERVISOR HORTON: Yes, school is out right now, dirt bike season. ALF SOMMERSTAD: I really would appreciate if something could be done about this track. It is very loud, if you know what a dirt bike sounds like full throttle three or four of them going round and round it is pretty noisy. That is all I have to say. I hope you can do something to shut it down. SUPERVISOR HORTON: Thank you. VINCENT LAROCCA: My name is Vincent Larocca. First of all I would like to thank Tom for moving so quickly on the issue of preservation of a rural Southold. I very much appreciate that. I don't agree with everything going down the road, but I really do appreciate your moving on this like you committed to do so. I want to thank you very much. It was a little ironic that at the same meeting you all were discussing that you were asked to consider a proposal to increase the density within the Town of Southold. In fact as I understood it from a piece of property that could normally have two homes on it you are being asked to consider putting eighteen homes on that piece of property. I again want to thank a couple of Board members who commented amongst themselves that maybe this best not be considered on such a ad hoc basis, but affordable housing is a very important issue for the Town to consider, but again it can not considered on stand alone basis, because we already have 12,000 plus acres or whatever we all agree that number is, an enormous amount of acreage that could be turned into housing, and we shouldn't be first adding the density before we discuss how to cut off with some sort of plan to address all of these issues. I would like to observe my background. I am a CK by training, corporate finance for fifteen years in working with the capital markets. When you fool around with supply and demand curve in the market on short term fixes (tape change) do a long fix if you want affordable housing. Don't create windfall gains for a few people, anger another constituency, and end up not solving the problem, and in no short order we are all back here having the same discussion again, and we can't get those houses back, and we won't get the windfall problem back, and it will be disingenuous as we turn to look at the whole issue. I ask you to consider that as you look at each of these projects. Tell me if I can request this. I don't know the moratorium thing. I will be careful on the wording. I would like to suggest that while we await the results of Tom's work that we put on hold considering adding to density until we have a sense of where we are headed as a town. I don't know how I phrased that request, Mr. Moore, but I think it make sense that we look at this in the aggregate and not go after short term fixes that fix nothing in a long run. Thank you for your time. I appreciate it. SUPERVISOR HORTON: Your words are well taken. I appreciate that. Any more comments from the floor? That concludes the meeting. I make a motion to adjourn from the meeting. Moved by Supervisor Cochran, seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:39 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Ell"labeth A. Nevill Southold Town Clerk