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HomeMy WebLinkAboutTB-03/12/2002 ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 C* REGISTRAR OF VITAL STATISTICS 012 Southold, New York 11971 C* 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 MARCH 12,2002 Work Session-, Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Councilman- John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski, Assistant Town Attorney Mary A. Wilson. 9:00 a.m. Appointment with Richard Corazzini, Jr. Re: application for watchman trailer permit. Corazzini Asphalt operates a DEC recycling facility for concrete off Cox Lane, Cutchogue, east of the Town Landfill. Contractors come in and pay a fee for dumping their material. Lately they have been having a problem with people coming in over the week-end and evenings and just dumping and leaving without paying the fee of$15.00 per cubic yard. They come in the morning and find these drop offs. Mr. Corazzini stated that he needs the security on the premises. Councilman Wickham asked if a fence couldn't keep them out and it would be a lot cheaper than a trailer. Mr. Corazzini said that he would feel a lot more secure if there were someone there watching. He said that he did have a cable across the driveway for a while, but then the guys kept forgetting to lock it. This property is right next to Pfluger's junk-yard. Councilman Wickham asked how long he anticipated he would need this trailer. Mr. Corazzini answered as long as he has the business operation there. He was advised that it is a six month permit which is renewable with a $100.00 fee. The Town Board agreed.to approve it and placed resolution number 194 on the agenda. 9:13 a.m. Zoning Board of Appeals Chairman, Gerard Geohringer, Jr. appeared before the Town Board to discuss active litigation before the Zoning Board of Appeals. Chairman Goehringer reported that since the last town board meeting they do now have an active lawsuit going,plus another recently filed one. Councilman Romanelli aske*d that the Town Board have a generic conversation as to how they came.up with the decision on that appeal. The Town Board proceeded to discuss the matter generically dealing with those sections of the town code. Chairman Goehringer said that in his 22 years on this board, one of the most interesting sections of the town code section 100-242 has been an issue that has changed over the years. The interpretation of the other departments as it concerns that section has also changed. It is his opinion that the Zoning Board is charged with the interpretative powers of the town code. This board has taken the position that based upon interpretations by other persons in this town, they have to come to what they refer to as a standard. He stated that they do not necessarily deny applications in general. There are just differences in the way things are coming out of the Building Department and way things are existing today. Therefore, there is a need to create a standard. There is a standard now and you' may not agree with that standard. He said that he would have no problem with any changes that the Town Board might want to discuss, ifthey want to stay as generic as possible. Zoning Board member Lydia Tortora stated that there is an interpretation by the Building Department that a second story required a variance process because it didn't fall within the building envelope. Historically, the Building Department said that you could go up if you stayed within the existing foot print, and they also allowed expansion if it was a little niche. But that little niche grew bigger and bigger until it now grows into an enormous house. The foot print went from being a very finite difference to this case in Laurel 2 to 3 years ago where they had a 60 ft. building lot, one comer of the house was 4 ft. from the building line. There is nothing in the town code to support what has happened over the years. The differences in alterations, section 100-242 of the code and enlargements has caused defects of variances. The tern building envelope is commonly used and referred to often, but there is no definition of it in the town code. If someone had a 600 sq. ft. cottage and wanted to put on a half story, the ZBA gave it to them. All of the boards, the Zoning Board of Appeals, the Planning Bo ard, and the Building Department all act independently. They feel it is time to take some things out of the code and re-write them to get rid of a lot of the excess unnecessary language. Past Zoning Board.member James Dinizio said that for 25 years the Building Department has interpreted the code correctly. The current head of that department admitted that he had interpreted it the old way. Then Mr. Forrester made the decision on Porky's Restaurant. The ZBA questions at what point did the interpretation change. The decision as to what can be done at this point, they feel it must either be sorted out by the department heads or go to the code committee. Councilman Romanelli said that it will be made a priority of the code.committee. Mr. Goehringer also requested permission to advertise for a person to transcribe minutes. They have $1,050. in their budget that can be used for this.purpose. He feels that it will cover about three months and that they must move forward and spend the money that they have to cover this important task. The Town Board directed that a resolution be added to the agenda to advertise for this. (Resolution no. 202) 9:40 a.m..The Town Trustees appeared before the Town Board to discuss their concerns once again. President Al Krapski, Jr. advised that Cornell will take over the water quality testing, working together with the NYS DEC who monitors the quality. They wih work on specific creeks that the DEC feels could be open to testing. If Cornell does the water collection, the state can test it and certify it. Supervisor Horton said that the reason Cornell is being proposed is because the town has invested a large amount of money with them. Chris Pickering of Cornell is willing and able to do it. Mr. Krupski stated that they also plan to do a video tape of the creeks in the next two years. They are also putting all of the moorings on GIS mapping as they do that they will be performing a creek by creek analysis showing the most frequently used of the creeks in regard to moorings. He said that they also need to grid it down to three sections of the town. Supervisor Horton stated that he would recluse himself at this point because he has a business and is a regular puller of moorings. President Krapski said that mooring gear should be pulled every year to certify it. This is very important because if it is maintained, they don't have all of the debris in the creeks. Cornell will start up a management program for the town, but they will not certify it. Supervisor Horton suggested posting information on the town website and putting a Trustees section in the newsletter that comes out quarterly from the Supervisor's Office as part of the public outreach program. He said that he also has some other creative ideas that he will be working with Trustee Peggy Dickerson on. As far as code enforcement goes, Supervisor Horton advised that he already met with Ed Forrester and it sounds like the town can use the resources they already have in house, without hiring another person. Councilman Wickham asked about the problem on the sound with coastal erosion and whether or not the State would have to do it-if the Town didn't want to. The Trustees would like to see it possibly go to the building department. Trustee Ken Poliwoda invited all the Town Board members to their next meeting on March 20'h at 7:30 p.m. He also voiced his concerns over the Suffolk County Health Department regulations on the 50 ft. non-disturbance buffer zone, and the 100, ft. sewer setback. The county health department has jurisdiction over these things, but he felt that if they were also codified in the Town, it would make things a lot easier compliance wise. Councilman Richter asked if the variance board of the county health department gives much relief. Trustee Pohwoda stated that the NYS DEC and the SCHD are approving permits at 47 ft.with the sinking of a stainless steel pipe through the clay and sand for a sewer pipe. He doesn't think that there should be any compromising of the wetlands in these instances. Councilman Moore said that if you can justify and document everything, your decision will be upheld as long as you have the facts to back it up. Trustee Poliwoda informed that they have three applications that will be going to the court system. Councilman Romanelli agreed with Councihnan Moore and reaffirmed that as long as'they have enough evidence their decisions will be upheld. Trustee Poliwoda stated that the health department is issuing permits less stringent than their own. He thinks that it would give them more clout if it were coded, rather than just policy. He would like to see a 50 ft. buffer non-disturbance zone for the habitat. Trustee President Krupski said that for the record, the Town of East Hampton banned all new docks in 1984. Supervisor Horton invited Peggy Dickerson to come into his office with the list she has and they will discuss all of these issues. The Town Board recessed at 10:17 a.m. for a coffee break. 10:20 a.m. Appointment with Superintendent of Highways, Peter Harris appeared before the Town Board with regard to the parks and grounds committee. He said that the time has come to begin doing all of the ball fields, parks, trails, etc. However, he doesn't have the proper machinery to handle all of these tasks and therefore, is asking for two things today, a tractor and a brush hog implement for the rear of it. James McMahon said that part of it can be used for stewardship and management of some of the recently acquired town properties. He said that there is $300,000. in the management line for this purpose. He said the tractor can be purchased under state contract with park and playground monies and the brush hog implement could probably be purchased out of the 2% flinding. Mr. McMahon said that this implement will need to be used on all of the properties that they purchased for conservation. Supervisor Horton instructed the Town Attorney to check on the suitability of using the 2% fund monies. Resolution no. 201 was placed on the agenda subject to the approval of the Town Attorney. Councilman Wickham asked if Mr. Harris had the man to sit on the tractor to do the work. Mr. Harris replied yes the Department of Public Works people will drive the tractor and do the work. The implement can be purchased out of the DPW budget. Goldsmith's Inlet was discussed with James McMahon, Executive Administrator. He reported that the inlet has been closed for 5-6 days now, and said that if it didn't open up this past week- end with the weather we had, it probably will not open at all. He called the Suffolk County Department of Public Works, but they don't plan to do any emergency dredging until some time this fall or next spring. The inlet has closed off and there are exceedingly low tides with more and more sand coming through and around the inlet than ever before. It can't be done with a back hoe. A crane is the only economical way to do it. Mr. McMahon said that our permits have expired, but they would be willing to extend them to enable us to do the dredging. There is money in the waterways budget. The Highway Supt. called the next person on the county dredging list, but he said that he wouldn't bring his dredge all the way out here for this, so we could take a local bid for it. The only contractor with the equipment to do it is Terry Latham. Supervisor Horton said that Peter Scully called him from the county and they are very sensitive to our involvement with this inlet. The town will talk to the county before proceeding with anything. Elizabeth Allen of Peconic Sound Shores representing 30 home owners immediately around Goldsmith's Inlet urged the Town Board to go forward with the emergency dredging as soon as possible as April lst is the date that the federal government shuts all activity in and around in inlet due to the nesting of the plover birds. Supervisor Horton advised her to attend the public meeting this evening at 7:30 p.m. and speak at that time. Resolution number 200 was placed on the agenda to engage the services of Latham Sand & Gravel to dredge Goldsmith Inlet. 11:05 a.m. George Weiser re: Peconic Design & Construction, Inc. Mr. Weiser recounted that he was before the Board last month and was advised that someone would get back to him with regard to the resolutions that he asked for which were held from the March 12th meeting. He advised that he will amend his application to ask for just HD Hamle't Density. Now, he is asking for a change in the code to allow for senior housing. He explained that he originally submitted his request to change the entire property to HB. Then the Board asked him why he wanted to do that. The reason he submitted it as such was only because that is what the front of the property was HB. He is re-submitting his request for HD. The first 200 ft. off the Main Road will become,a landscaped entrance into the community which will not be visible from the road. Councilman Richter said that he thinks that it is appropriate next to the hamlet line near the businesses there. There are houses developed in and around it. Councilman Romanelli also agreed that it fits in with everything that we asked for, clustering of density around the business area. Councilman Wickham stated that the Blue Ribbon Committee hopes that no more than half of the buildable land will be built upon. He said that a project such as this is going to make it more difficult for the rest of the community to absorb that build out and more difficult to reach the rural criteria. Mr. Weiser advised that under the current zoning he could have 11 units. But, he is proposing 18 and landscaping the 200 ft. on the Main Road Mr. Weiser said that the last time that the farmer grew potatoes on it was in 1991. He abandoned it after that due to poor soil conditions and poor yield. He said that the HB is expanded east for another 1/8 of a mile after this property. Mr. Weiser presented a sketch plan showing 35 ft. between units under code. The individual will own the inside wall to'wall area, the homeowners association will own everything outside. Councihnan Wickham asked if it is similar to Founders Village. Mr. Weiserreplied that it is similar to his Greenport project, Pheasant Run. The Town Board said that they would like to get the Planning Board's input on it. They asked him to re-submit the application and re- notice the neighboring properties, and also to get a copy of the current county senior housing law to Councilman Romanelh for the town code committee. 11:26 a.m. Edward Forrester, Code Enforcement Officer, and John Sepenoski Data Processing Department presented the Town Board with the final draft of the GIS zoning maps. Mr. Forrester advised that Melissa Spiro had done the lion's share of the work on this project and it was delegated to him at the tail end. The 1989 Local Law No. 1 map was used as the base for it. Every zoning amendment/decision was reviewed and gone over thoroughly line by line and the changes were imported into the GIS system by John Sepenoski. Everything was reviewed and reviewed and improved upon again and again until it was perfect, with one small exception. The 1986 zoning maps have a deficiency or flaw in them. Main Bayview Road and Cedar Beach Park, there is an area where R-80 flows into the AC district without any boundary line separating the two. R-80 comes up around the creek, it turns to HB then to AC without any boundary line. It will be necessary to adopt two local laws, one to create the boundary line as previously mentioned and one to adopt the map. Procedures will have to be put in place for the format that it will be printed and sold in, and decisions on the price to charge. It can be printed in five sheet sections, or printed in one I I ft. long map which would be good for display purposes. It will be available on disk also. The Board discussed the delineation of the boundary line. No matter how it is done, it will not have an effect on the surrounding property owners because everything is developed. The Town Board directed that the shortest distance be chosen to make the shortest boundary line to rectify the situation. Various overlays for wetlands, coastal erosion lines, etc. will be able to be used with the map. Once the map is approved, it will be put up on the town website. 11:37 a.m. The Town Board reviewed IV. For Discussion Items as follows: IV. 1. Request for part-time transcribing assistance in ZBA office (see resolution no . 202). IV.1 Request for reassignment of personnel in Senior Center. (Executive Session) IV. 3. Taping of Town Board meetings. Councilman Moore said,that Cablevision will continue to pay through June for the taping by Allen Associates. The Town will pick-up the bill and get reimbursed for it. This is just a stop gap measure for the moment. The availability of a C-SPAN camera was mentioned and communication with the schools who have excellent equipment. Resolution number 199 was placed on the agenda to engage the services of Allen Video Productions to continue to tape Town Board meetings through June 2002, subject to reimbursement by Cablevision. IV. The rationale for the denial of records on the foil appeal. Supervisor Horton will work with Assistant Town Attorney Mary Wilson on this. In other discussion, the WLNG matter of them being taken off the CATV rolling schedule channel was briefly discussed by the Board. Although the Board agreed that it was a good service, it is Cablevision's prerogative what they place on this channel. 11:30 a.m. Solid Waste Coordinator James Bunchuck updated the Town Board on the Landfill Closing project. Mr. Bunchuck informed the Board that the west side is just about done everything excepting the completion of the construction of the permanent road over to the compost facility. They should begin paving it sometime within the next month. On the east side, they are still waiting for the revision of the grades from Dvirka & Bartilucci. He expects to have these grades within the next month. The DEC has allowed them to fill and grade with the C &D that the Town accepted into their waste stream. This has resulted in savings of several hundred thousands of dollars. They are now beginning to ship the C & D out. The cost for the cement block container for holding C & D will be $1,500. Mr. Bunchuck is investigating contracting out the removal of C & D materials. There was no new information on the driving range proposal. The Town of Huntington/Southold contract is not yet in place. They are not yet ready to ship their yard waste, but say that they will take our municipal solid waste. We are currently paying Trinity$7 1.00 a ton. 'Our cost of$54.00 a ton plus the anticipated$10. shipping cost will probably go to bid to have a contractor ship it at the best possible price. The wood chips were a great fire hazard and were moved to the borrow pit. He also advised that a DEC permit will be necessary to remove the sand from the compost property. The Board placed resolution number 196 on the agenda to authorize Supervisor Horton to sign the necessary application to the NYS DEC for a mining permit for the necessary work on the compost property. This permit would last for the period necessary to complete this job. It would be a volume based contract of approximately 224,000 yards. 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 11:59 a.m. for the Purpose of discussing landfill contracts. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. On motion by Councilman Romanelh, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 12:12 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Resolution number 197 authorizing an increase in the Dvbirka & Bartilucci contract for construction oversight of the capping and closing of the landfill was placed on the agenda as a result of this executive session. Solid Waste Coordinator Bunchuck reported that he and George Desmanis of Dvirka & Bartilucci attended a meeting in Albany on the landfill capping. He said that the state is willing to reimburse everything. The town's application number is 143. They are up to application number 89 so far. The reimbursement may take until 2004, but it will happen. Supervisor Horton asked Councilman Wickham to attend the weekly landfill meetings on Thursdays. Mr. Bunchuck advised that the New York State Solid Waste Association has asked him to be a speaker at their annual convention on May 6, 2002 at Bolton's Landing, N.Y. and asked for the Town Board's permission to attend. Resolution number 195 was placed on the agenda granting him permission to attend. On motion by Councilman Romanelli, seconded by Supervisor Horton, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 12:18 p.m. for the purpose of discussing property acquisition with Melissa Spiro, head of the Land Preservation Department. Vote of the Town Boa'rd: Ayes: Councilrnan Wickham,. Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. On motion by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 12:25 p.m. . Vote of the Town Board: Ayes: Councilrnan Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 12:25 p.m. the Town Board recessed for lunch at this time. The Town Board returned from lunch at 2:00 p.m. On motion by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 2:05 p.m. for the purpose of discussing labor/personnel, particular persons, and contracts with Chief of Police Cochran and with Director of Senior Services Karen McLau2hlin, and appointment of Town Attorney and Board of Ethics. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter,. Councilman Romanelli, Councilmam Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. On motion by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 3:24 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution as duly ADOPTED. This Town Board work session ended at 3:24 p.m. GENERAL MEETING March 12, 2002 7:30 P.M. A Regular Meeting of the Southold Town Board was held on March 12, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Councilman John M. Romanelli Councilman William D. Moore Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Assistant Town Attorney Mary C. Wilson Absent: Justice Louisa P. Evans SUPERVISOR HORTON: Please remain standing. At this time I would wish you all to join myself and the Town Board in a 'moment of silence for Dr. Chiaramonte, who was an esteemed member of the Board of Ethics. He served the Town and as understand this man was unselfish. Thank you. Welcome to the March 12 th Southold Town Board public meeting. As a matter of reference Town Board meetings are run as such, if the public has something they would like to address that is on the printed agenda prior to the voting on resolutions we will offer you the opportunity to step to the front of the room to either microphone and address the Town Board in regard to the items on the printed agenda. If there is Town business you would like to address the Town Board on that is not on the printed agenda.I will offer the floor to all of you after we deal with the printed agenda, the passing or failing of resolutions. As long as that is clear we will move on with the Board meeting. Moved by Councilman Wickham' seconded by Councilman Romanelli, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of$294,138.92; General Fund Part Town bills in the amount of$26,827.18; Highway Fund Whole Town bills in the amount of $20,702.02; Highway Fund Part Town bills in the amount of $39,801.85; Ag Land Development Rights bills in the amount of 3.18; New London Terminal Project bills in the amount of$5,105.73; Employee Health Benefits Plan bills in the amount of$7,308.56; E-W Fire Protection District bills in the amount of $145,904.00; Fishers Island Ferry District bills in the amount of $55,983.80; Refuse & Garbage District bills in the amount of $34,665.09; Southold Wastewater District bills in the amount of$2,945.97; Southold Agency & Trust bills in the amount of $12,282.27; Fishers Island Ferry District Agency&Trust bills in the amount of$227.80. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted.* Moved by Councilman Romanelli, seconded by Supervisor Wickham, it was RESOLVED that the minutes of the January 29, 2002, Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the February 12, 2002, Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,, Councilman Moore, Supervisor Horton. This resolution was duly adopted. Moved by Councilman Wickham, seconded by Councilman Richter, it was 3/12/02 2 RESOLVED that the RegularTown Board meeting of the Southold Town Board be held at 4:30 P.M., Tuesday, March 26, 2002 at the Southold Town Hall, Southold,New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. I.REPORTS. SUPERVISOR HORTON: We have Reports on file in the Town Clerk's Office. If the public is interested in taking a look at them they may do so at the Town Clerk's Office. 1. Southold Town Clerk Monthly Report for February 2002. 2. Southold Town Justice Bruer's Monthly Court Report for February 2002. 3. Southold Town Scavenger Waste Treat Facility Monthly Report for February 2002. 4. Southold Town Recreation Department Monthly Report for February 2002. 5. Southold Town's Program for the Disabled February 2002 Events. 6. Southold Town Justice Price Monthly Report for February 2002. 7. Southold Town Justice Evans Monthly Report for February 2002. 8. Personnel Leave Time Summary for January 2002. 11. PUBLIC NOTICES. SUPERVISOR HORTON: Public Notices, as well are posted in the Town Clerk's Office, and also may be found in my office. I. New York State Department of Environmental Conservation Notice of Application of Steven Schwarting to obtain an off-bottom culture pen-nit for proposed aquaculture activity including the culture of. shellfish on less than five-acre parcel in the Great Peconic Bay, southeasterly of James Creek, Mattituck, Town of Southold. Written comments by April 5, 2002. III. COMMUNICATIONS. SUPERVISOR HORTON: I have a couple of items of communications. First it gives me great pleasure to have this check before.4 would like to send out the most serious of thanks to the Mattituck Lions Club for the very kind donation of$2,500.00 for a scoreboard at the roller hockey rink in Peconic. So, that is noted, much appreciated, and I hope we continue that relationship. As well I would note that I received two praising letter this week, which is always a delight to receive of praise to folks that serve you all in Town Hall. One letter was for Darlene Duffy, and the other letter was for Scott Russell, and their professionalism and care for two residents that they dealt with over the past month. I just wanted you tQ,know that and send out my thanks to the people that serve so well. I- Stanley Rubin, Orient Central Cemetery Association thanking Scott Russell, Board of Assessors and his staff for courteous and conscientious assistance. 2. Joseph Corbley with appreciation and compliments for Town Historian Antonia Booth for her assistance with research. ' 3. Elaine Goldman in appreciation for assistance from Assessor Darlene Duffy. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS SUPERVISOR HORTON: At this point I would like to open the floor to any of you that would like to address the Town Board in regard to the printed agenda, on the resolutions on the printed agenda, and in doing so I ask that you step to one. of the microphones on either side of the room and st4pe your name, and where you are from for the record, please. ED SEIDMAN: I am Ed Seidman from Peconic. It is probably a stupid question, but in resolution #192 could you help clarify what an unlisted action means, and what that resolutions means? ASSISTANT TOWN ATTORNEY WILSON: A Type I, Type II, or an unlisted action is a classification done through the SEQRA analysis. This has been declared an unlisted action, which means quite literally that is not listed within the regulations of SEQRA. It has to be classified before 3/12/02 3 the analysis can proceed fin-ther. A listed action is one that is within the regulations that specifically says it is project. This project does not meet up with this specific Type I or Type II therefore it is called an unlisted action. ED SEIDNIAN: I am not sure exactly what that means, but the Town with the State money spent a half a million dollars on this process. I am the representative on the Goldsmith Jetty Committee for two years, and a year and a half ago was the last meeting, and apparently is advancing to another stage, and there has been no notification to the representative from Peconic, so I am not sure what that means as an unlisted action. We haven't been informed at all. If it is moving along that may be appropriate, but the committee has' never been informed after spending two years in meetings, and a half a million dollars on investigations. SUPERVISOR HORTON: What I would offer to you is perhaps give my office a call tomorrow and I can discuss further with you the various directions that the Town has available to take in regard to that. I was aware that committee hadn't met over the past year and half, and the Town Board has taken a ,situation back-under the-umbrella of the Town Board to deal with directly, and we are looking at some options that lay ahead of us, so give me a shout tomorrow or the next day, and I would be happy to sit down and talk abo'ut it. Thank you. Are there any other comments from the floor in.regard. to the present agenda? Joe? JOE LIZEWSKI: I would like to address the Board about the appointment of our new Town Attorney one of the last things on the agenda. I don't have the agenda on me, but there is a resolution regarding that. I feel that standing before*you I am looking at a Republican Board basically, and having been a candidate and having been part of this government for four years myself I sometimes realize that there are a lot of things that go on that really hamper progress in the Town Hall. The Town Attorney's position even though it doesn't have to be, usually has been somebody who the Supervisor has to feel he has.confidence in, and I really believe that in this position we have had a lot of outside influence. I know, that I myself have been a Republican on the outside, I have been called all sorts of things even by my own Town leader as being a builder and developer, and you know, you get into this stuff and you realize that everything is not true that you see. After you have been run through the mill a couple of times you get a little bit of religion-. You start realizing that really what you want to do is probably what is right for the Town because it comes back to bite' you later on. I think that it is an important thing to realize that looking at it objectively you have a Conservative who ran on a Democratic ticket, who basically needs some of his guidance to continue running this town. He needs somebody that he can confide in, and somebody he can believe in to really do what is necessary to make this town run right. I mean anybody who has been in government knows that the legal office is right across from the Supervisor's Office, and that is where most things have to take place. When things come up that is the person you go to. I think we have at least another year and half before another election. I think it is important that people vote with some common sense, people realize that party politics sometimes have to be put aside in order to do the right thing, and the right thing is going to have to be done in a vote .tonight, and if it doesn't get done, and it is not done in the right manner we know that the way'the records have shown it comes back to haunt people, and it always comes back to haunt you. Whether you like it or not when you.do things that you do because they are right. You do them out of spite, or you do them because somebody told you to do them, or whatever it is. I mean, we have a Re- ublican p Board basically with four Republicans that did go through the process of bending down and giving a Democrat a good position on the ZBA. They can do that. They could certainly find it somewhere along the way to give the Supervisor his choice of a Town Attorney, and I think that is going to be essential to move within town to stop stalemates on this Board, and to basically move the Town forward at a very important time. I mean we have right now a farmland preservation Committee going on. We have some big things going on, and,I think that in order to get things done the Town Attorney is an important position for the Supervisor, and I think that good consideration should given. Thank you. SUPERVISOR HORTON: Any other comments from the floor? Mr. Cooper? DOUGLAS COOPER: Good evening, ladies and gentlemen. Doug Cooper from Mattituck. I have a letter from someone. I would like to read who could not be here tonight. To the Board members, the citizens of Southold sent a clear message in our last elections. The message resounded loudly. It is time for change. As you begin this next term of office with all the energy, excitement, commitment, and appetite to meet the public's demand for change,. please, hear our recommendation. The Town Supervisor and the Town Attorney are obviously two positions critical to the success for any Town Board's effectiveness. It is imperative the relationship between these two individuals is bounded on trust. We elected Josh Horton as Town Supervisor, and now we need to insure he is properly supported 3/12/02 4 in achieving-his goals for an administration supporting the voice of the public. We urge you all to respond to support Dan Ross for Town Attorney. He is qualified, eager for the responsibility, and respected and trusted by Josh Horton. We respectfully request this letter be read at the Town Board th meeting, Tuesday March 14 . Sincerely yours, Paul Griper and Maureen Griper. I also have a letter written not quite as eloquently by myself. The relationship between the Supervisor and the Town Attorney they are a very special and very important relationship. It is very important that they have a close and good working relationship. It is therefore very important that the Supervisor is allowed to choose his attorney. It is a necessity. We, the people of this town, gave a mandate for change, an overwhelming mandate for change. This Town Board should remember that we are your boss. You are our employees. The last Supervisor forgot that. We urge you to support Dan Ross for Town Attorney. Thank you. SUPERVISOR HORTON: Mr. Tillman? ART TILLMAN: Art Tillman, Mattituck. Joe and Doug stole a lot of my thunder, which makes politics in deed, puts you in bed with some very strange people. I think you are a Republican, aren't you? Joe is a Conservative, and I am a Democrat. In line with what they were saying I'think we can look to the National government to provide a model for the implementation of what we are talking about here tonight regarding the appointment of a new Town Attorney. When a new elected President assumes office one of his first tasks is the selection of a Cabinet. Of all the Cabinet positions one of primary importance is the Attorney General the Nation's Town Attorney. There is nothing written in the constitution that makes provision for a Presidential Cabinet. The practice and precedent for having a Cabinet goes back to the first administration, the first administration of George Washington. The Cabinet has been a part of every administration since, and its existence is part of what is called the Unwritten Constitution. It is this Unwritten Constitution, which allows the Constitution to be described as what is called a living document. A Constitution written over 200 years ago that is able to handle any current crisis or condition, a document that has taken us through a Civil War, two World Wars, freedom of slaves, given equal. rights to women, and extended. full equality to countless others. In the selection of an Attorney General the Senate has the constitutional authority to advise and .consent..The Senate has always realized that the President has the need for the sake of the country to have a Cabinet and an Attorney General that shares his confidence and goals. Therefore down through history since George Washington the Senate has approved Presidential appointments to the Cabinet, even when the Senate was controlled by a party not that of the Presidency. The only exception*being when the character of the appointee was in question, and that is not the casehere. So, the United States Senate for over two years have been willing to put aside politics to act as statespersons to allow the Chief Executive to seek the advise and consent of an Attorney General who's goals �he shares and confidences he shares. Members of the Town Board I ask you to do no less. Do what Republicans and Democrats.have always done. Please, put aside politics and give our young, newly elected by a large mandate Chief Executive Josh Horton a better chance of succeeding by allowing him the Town Attorney of his choice. Like Senators of all parties before I ask you to act as statesman, and Mrs. Evans, I ask you to act for the good of our Town to be a stateswoman. There is quite a few young people here tonight. As a teacher they as a group are very inspired by the election of Josh Horton, and I don't think it really matters to them what party he is part of It is neat for them to see a young 29 years old get off a tugboat in work clothes, and start running a campaign, and winning. These kids have a lot of idealism, and they want to see him succeed. I think we all want to see him succeed, and he can't succeed unless he has the tools, and in this case the individual he chooses to work with. Ladies and gentleman of the Town Board I assume you think likewise, and we look forward to a vote for a new Town Attorney. Thank you. NICHOLAS SOULLAS: To the Town Board I would just like to say that Dan Ross would an excellent job as Town Attorney. You should seriously consider him. Thank you. Nicholas Soullas from Mattituck. I go to the Transfiguration of Christ Church, the Greek Orthodox Church in Mattituck. Thank you. JASON PETRUCCI: Jas6n Petrucci. I am not actually old enough to vote yet. I will be soon. Right now I work on the*Town Conservation Advisory Council. I worked on Josh's campaign last year, worked on it over the summer into November until the election. I have to say from when I first got to know Josh around June last year I was very impressed with his intelligence, with his very sure demeanor with what I saw as his very sincere concern for the welfare ofthis town. There were times when with age and my sometimes attitude he would chastise for not being sufficiently principled or idealistic in MY Political outlook. He is considered young by some. He is considered a newcomer to politics, but I was very impressed by the character so far of his administration. I think for example 3/12/02 5 conside ring Judge Tedeschi for an appointment to the Board of Ethics. I think he made it very clear that he was not concerned with party affiliation as he'is with acting out the agenda, which the voters had endorsed, and had overwhelmingly approved back in November. Furthen-nore I understand that there is a very good chance that Dan Ross will not be approved to be the new Town Attorney tonight,, however I just want it to be very clear that I would like to show my support. Even at my age my relative political experience for Josh Horton I would like to say that I am very impressed and very confident with the tone of his administration so far, and I know that he intends to do the right thing. I know that he is sufficiently qualified, and I know that he will find the right people. That's it. JAMES DINIZIO: Hi. Jim Dinizio, Greenport, New York. 1, too, stand in support of Dan Ross, and I guess Mr. Tillmann has seen the wheel go all the way around. I am Conservative registered all my life supporting a Democrat as I understand it. You know when you come in this door, having served the Town for fourteen years on the ZBA, you take off that political hat, and you start to do what is good for the town. You are exactly expected to do what is good for the Town, and sometimes that is not so good for you. When Josh got elected as Conservative, I knew he was registered Conservative, and I didn't back him during the whole campaign. He called me and asked me to help him, and I do. I do that out of service to my town. If Jean called and asked me I would help her, because what We learned you folks up on the Board, myself, anybody who has experience with the town is a benefit to the town, whether fifty agree with you, or five thousand people agree with you. The one thing that I have always found is that what the Supervisor needs is good, dependable, legal advise. You know my feelings because we discussed them this morning, and I will go no further than that other than to say, I think Dan Ross would be an improvement. Certainly if Josh trusts him I think that you should trust him. Thank you very much. DEAN BLAIKIE: Dean Blaikie, Greenport. I worked against you, Josh, getting elected as well as Tom,but I do stand for your right to have your own Town Attorney of your choice, and if it is not done it is totally political. I am trying to prevent that, and it will come back to bite people on the butt. Thank you. ASTERIOS KOKKINOS: Hello. May name is Asterios Kokkinos and I am from Southold. Just so there is not a threat of bias I-worked for the Josh Horton campaign over the summer. I am a college student right now. Moving on, it just seems to make sense to me to let Josh have his man. I see this less as a political thing, and more of just a matter of principle. I mean, if you are a Republican and there were a group of Democrats who sought to block a handpicked nomination I would see that isn't fair, too, and I would just hope that you guys would do the right thing and let Josh have the person he feels he can work best with. Maybe I am alone in this, but it just seems to make sense to me that the Supervisor should be allowed to work with the person he should chose to work with when such a position is open. I guess that it is. I want to thank you guys for your time. JAY APPLEGATE: Good evening. Jay Applegate from Southold. It stuck me today as I was reading the obituary of John Gardner, Who passed away in February at 89. He was founder of Common Cause and advisor to a number of Presidents. His obituary articulated some things where I believe there is a parallel to what we are faced with here, and the question of the appointment of a new Town Attorney, and if you will I would like to read some short passages from this, which comes from the New York Times. Mr. Gardiner was the only Republican in the Johnson Cabinet, obviously a parallel here, but in the opposite sense. The Democratic nominated 891h Congress had passed no fewer than 189 major domestic laws with many falling under Mr. Gardner sprawling agency. He was the Secretary of Health, Education and Welfare in the Johnson administration, which touched the lives of almost every American from preschoolers to the elderly. With characteristic wit Mr. Garner described his mission as, I quote, a series of great opportunities disguised as insoluble problems. Subsequent to his service in the government he founded common cause, which lobbied not for special interests, but for the people seeking greater public participation in government and greater accountability by National and State officials. It being common cause would lobby for campaign finance changes, civil rights, and higher ethical standards for public officials. It would stress the need for greater voter turnout, and tq�seek to restore public faith in government. I very much remember Supervisor-Horton saying these-lings as part of his campaign, and promises to the town should he be elected. Mr. Gardner goes on to say that his time in Washington had convinced him that major problems could not be solved unless the political system was reformed from within. With the Democratic and Republican Parties in mind he told the New Yorker, quote, I think of people sitting in an ancient automobile by the side of the road. The tires are flat, and the drive shaft is bent, but they are engaged in great arguments as to whether they should go to Phoenix or San Francisco. In my imagination, this is Mr. Gardner's words, I am standing by the road saying, you are not going anywhere till you fix the Goddamn car. It seems to me that Mr. Horton 3/12/02 6 is trying to fix the Goddamn car by having a Town Attorney that he can deal with, who is his Town Attorney. That is the fix to the Goddamn car, and then we.can.decide whether we are going to Phoenix or San Francisco. I hope that you will take that into consideration. SUPERVISOR HORTON: Are there any other comments from the floor? Yes,Ma'ain? ROXANNE ZIMMER: This is not about the Town Attorney. Is that okay? Roxanne Zimmer, Peconic. We would like to congratulate the Town on recognizing the importance of keeping Goldsmith's Inlet open. As some of you may know Goldsmith's Inlet is closed at the moment. There is a sandbar that has come across the top. We know that your intervention is timely for a number of reasons, not to mention drainage and flooding. If water drains through that entire area and Goldsmith's Inlet, backs up all the homes in that area may be prone to flooding. You may also know that all the homes in that area have private wells and septic system. If there is a backup there could be contamination, and the water quality could.be in jeopardy. I don't have to tell you about the marine and wildlife in the Inlet. If you ever go to the Inlet you are struck by the clarity of the water straight down to the bottom. If you look at it today there is a film on the top, and you can actually see the sediment collecting on the stuff in the bottom of the Inlet. If it is left to stagnant Goldsmith's Inlet will become a very large incubator of mosquitoes, and I don't think the Town wants to deal with the health and environmental issues that may incur if that in fact happens. Lastly Goldsmith's Inlet is a wonderful place for people to enjoy. It is one of the jewels, I think, in the Town of Southold's crown, and I don't think you want to lose that. Your intervention is timely because as you know the DEC has very specific restrictions regarding what you can do in tha't area, because of Piping Plover habitats, so that you need to act very swiftly, because I think that is coming before us in about two, or three weeks, so appreciate your thoughtfulness in this matter. JAMES DINIZIO: Jim Dinizio, Greenport. I just want to encourage you to also for all of you to vote for Frederick Tedeschi for the Board of Ethics. I know he is a registered Republican, and I won't hold that against him. Also, he was an elected Judge. I think that people of this town chose him wisely a couple of times, and I believe that the Board should do the same. Thank you. FREDDIE WACHSBERGER: Freddie Wachsberger, Orient. People have spoken very eloquently about the Town Attorney, but I couldn't resist the opportunity to stand up. It is probably the only time I will stand up and agree with Joe Lizewski here. So, I am taking the opportunity to do that. One of the most important things, I think, that people look for in change here was I think revealed and we had a lot of meetings about scenic byways a couple of years ago, and one thing that people said from Mattituck to Orient that they expressed was that there is a lack of any consistent enforcement here of Southold Town Laws. That is one of the things that the government has to rely on their attorney to assist with. I think an attorney who has been on this Board for the past couple of years could have gotten into kind of bad habits through being encouraged, I think too often, to find ways to not enforce the laws that should be enforced. I think it is definitely time for a new attorney, who has not been influenced to that extent. Thank 'you. FRED SCHOENSTEIN: My name is Fred Schoenstein. I am from Greenport, and I am here tonight to support Josh's decision, or try and encourage the Board to have alliance to work with the man, and give him the tools that he needs to run this town the way he thinks it should ran. I happen to be a Republican, but I voted for Josh anyhow. I voted as a citizen of the Town of Southold, and I would like the members of the Board to think about this for a moment, and vote for what they think is right for the Town of Southold, and not necessarily the Conservative Party, the Republican Party, or the Democratic Party. Isupport Josh's decision, and I hope you will, too. Thank you. SUPERVISOR HORTON: Would anyone else like to address the Board at this time? (No response.) Are you sure? #166 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P. M., Tuesday,March 26, 2002, Southold Town Hall, 53095 Main Road, Southold,New York, as the time and place for a public hearing to consider amendments to the Community Development,Year 2001 Program Budget, as follows to wit: Proie Current Bufte Proposed Budge Cutchogue Water Main Extension $37,500. -0- 3/12/02 7 Tasker Park Improvements -0- $37,500. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #167 Moved by Councilman Richter, seconded by Councilman Romanelh, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Beatrice L. Normoyle to the position of Detention Attendant (on-caU basis), effective March 13, 2002, at the current salary of$11.30 per hour: Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #168 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the follo�ring two (2) bids for the three (3) used Police vehicles: ASSET# DESCRIPTION VIN# AWARDED TO: 2249 1997 Ford Crown Victoria 2FALP71W3VX150543 Erich Veitch 19 Lone Oak Drive Centerport,NY 2249 $1,759.00 2356 1998 Ford Crown Victoria 2FAFP7lW8WX163142 Police Cars Unlimited, Inc. 2361 1998 Ford Crown Victoria 2FAFP7lW7WX163147 PO Box 770893 Woodside,NY 2356 $2,600.00 2361 $2,600.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. -#169 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby endorses and supports an application by Cornell Cooperative Extension Marine Program to the East End Institute to detennine and remedy the source of fecal coliform pollution to the Silvermere Road Drain, a tributary to Pipe's Cove, Southold, NY Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #170 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Nicholas Dickerson to the position of Youth Member on the Southold Town Conservation Advisory Board, effective immediately, for a term of office to expire on December 31, 2003. Vote of the Town-Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #171 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town.Board of the Town of Southold hereby amends resolution no. 30,of 2002 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby rovisionall ]2o ts Scott 12 �Y W in Hughes to the full-Ame position of Senior Environmental Plannefin the Planning DpPartment at a yearly salary of$45,-900.00, effective March 27, 2002 in accordance ' with the rules and regulations set forth by the Suffolk County Department-of Civil Service. Vote of the Town Board: Aye: Councilman W ickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. 3/12/02 8 This resolution was duly adopted. #172 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Scott Hughes to the position of Deputy Comptroller in the Accountiniz & Finance Department at a yearly salary of $9,600, effective March 27,20021. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. 1 #173 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to sign the 2002 Youth Bureau Agreement for funding of the Juvenile Aid Bureau Program, subject to the approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman' Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #174 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the followin2 individuals for the Sprin%! 2002 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2002 instructor line A7020.4.500.420. Thomas Boucher(guitar)............................................................... $25/hour Jamie Buhagiar(dance lessons)....... ............................................. $20/hour Eugenia Cherouski (folk dancing).................................................. $20/hour Custer Institute(stargazing)............................................................ $30/person Shirley Darling(tennis)................................................................... $25/class Martha Eagle(Aerobics)................................................................ $3 0/hour East End Insurance Services (Defensive Driving).......................... $30/person Neil Fujita(communication design)................................................. $20/hour Dan Gebbia(dog obedience)............. ............................................ $45/dog Carol Giordano (Baton)................................................................... $20/class Catherine Hawkins (nutrition,pop-up books)................................... $20/hour DavidHaurus (golf)......................................................................... $38/person Mary Hewitt(creative scrapbooking)............................................... $20/hour Hidden Lake Farms (Horseback Riding)......................................... $200/person Rosemary Martilotta(yoga).............................................. $55/class Tom McGunnigle(golf)....................................................$45/person Jim Mikelbank(youth basketball).......i................................. $25/hour Paine Webber(Steve Guglielmoni - financial management)........... $20/person Theresa Pressler(youth programs)....... $20/hour Denise Rathbun(Alexander Technique)......................................... $20/hour Joel Reitman(computer class)......................................................... $20/hour Virginia Ross (horseback)................................................................ $170/person Laurie Short(bodyworks class)..........i.............................................. $20/hour Steve Smith(weight training).............................................................$20/hour U.S. Coast Guard.(global positioning)...............................................$15/person Chris Vedder(golf)....... . .............................................................. $3 8/person Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Rorp�nelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #175 Moved by Councilman Romanelli,.seconded by Councilman Richter, it was' RESOLVED that the Town Board of the Town of Southold hereby releases Irene Raico from the title of Mini-Bus Driver and appoints her as Home Health Aide with the Human Services Center, at an annual salary of$25,822.44, effective-as of March 14, 2002. 3/12/02 9 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor.Horton. This resolution was duly adopted. #176 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Administrative Sersteant H, Wifliam Sawicki to attend the '19/11: Looking Back&Movin2 Forward" Emergency Mannement Conference at the Sheraton New York Hotel, 811 7th Avenue, New York, NY, commenein2 on Monday,May 20 through Wednesday, May 22, 2002. Pre-registration fee is $395.00. Accommodations at the Sheraton New York Hotel will be at the special conference rate of $594.00 ($198.00 per night for 3 nights). Total cost for registration and accommodations $989.00. All fees to be a legal charge to the Emergency Preparedness budget line - Meetings and Seminars -A.3640.4.600.200. Transportation will be by Town vehicle. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #177 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of-the Town of Southold hereby grants permission to the Mattituck Cutchnue School to use Town roads be2innin2 on Reeve Avenue eastward to Locust Lane, south to"New Suffolk Avenue then back west to Reeve Avenue for an AIDS walk on Saturday April 13, 2002 at 1-00 Pm., providing they file the Town Clerk a One Million Dollar Certificate of Liability naming the town as additional insured and contact Lt. Flatley for coordination with the Southold Town Police for traffic control. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #178 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED. that the Town Board of the Town of Southol d hereby grants permisgion to Lieutenant/Executive Officer Martin Flatlev to attend the yearly Federal Bureau of Investi2ation's National Academy yearly re-trainer in Baltimore, Maryland commencing.on S unday , July 14 throtig-h*Wednesday, July 17, 2002. Conference registration fee is $290.00. Hotel accommodations for three nights will be approximately$825.00 ($275.00 per night/shared with fellow member). Transportation will be by Town vehicle. All fees and additional travel/miscellaneous expenses to be a legal charge to the Police Department Training budget line-A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #179 Moved by Councilman Romanelli,.seconded by Councilman Wickham, it was RESOLVED that the Town Board -of the Town of Southold hereby rescinds resolution no. 93 adopted the February 12,' 2002 regular Town Board meeting because the Seminar has been cancelled. Original resolution read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes the f6flowing Publi Safety Dispatchers to attend a Critical Incident Communications Dispatchers Seminar on Saturday, March 23, 2002 at'the East Hampton Village Police Department Communications Center, East Hampton Village: PSD II Lois Atkinson PSD James Fogarty PSD Mark Zaleski The registration fee is $120.00 per person and shall be a legal charge against the Police 2002 budget line-A.3020.2.200.700. Travel to be by Town vehicle. Vote of the Town Board: Aye- C' . ouncilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. 9180 3/12/02 10 Moved by Councilriian.Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budize as follows: To: Revenues: A.2389.10 Misc. Revenues, Other Governments Mattituck Chamber of Commerce Grants $2,777.35 From: Revenues: A.3505.10 State Aide, Multi-Modal Program Mattituck Chamber of Commerce Grants 27,961.29 Appropriations: A.8510.4.400.100 Community Beautification, Capital Outlay Contracted Services Mattituck Chamber Project, 25,183.94 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #181 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the funding of the Governor's Traffic Safety Grant for the amount of $4,400.00 that will be one hundred percent (100%)reimbursable by New York State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #182 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of-Cominerce to close Love Lane and Pike Street East and West of Love Lane in Mattituck on Saturday, July 13, 2002 from 8:00 a.m. to 4:30 p.m. with a rain date of Sunday, July 14, 2002, providing they file with the Town Clerk a One Million Dollar Certificate of Liability naming the town as additional insured and contact Lt. Flat.ley ten (10) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Wickham, Councilrnan Richter, Councilman Romanelli'. Councilman Moore, Supervisor Horton. This resolution was duly adopted. #183 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Janice L. Fo2lia to the position of full-time Senior Account Clerk Typis in the Accounting & Finance Department effective March 14, 2002, at a yearly salary of$40,107.65. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #184 Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 12 th day of March, 2002, a Local Law entitled "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV, VI and VII, Vehicle's 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 26 TH day of March, 2002 at 5:07 p.m., at which time all interested persons will be given an opportunity to be heard. 3/12/02 11 The-prol3osed "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV and V1, Vehicles and Traffic, of the Code of the Town of Southold" which includes the followiniz: BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV, Parking, Standing and Stopping �92-49. Additional parking regulations. (1) No person shall park a vehicle so as to obstruct a fire hydrant. (2) No person shall double Dark a vehicle on�Lny Town highwqy or roadwqy. (3) No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highwgy. (4) No vehicle shall be parked Lipon gjqy highway without first being registered and inspecte pursuant to the Vehicle and Traffic Law of the State of New York. (5) On a one-wLay roadwqy vehicles shall be parked facing in the direction of authorized traffic movement; on a two-wU roadwqy such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadwqy on which the vehicle rests. (6) No person shall park a vehicle so as to obstruct gny drivewgy. (7) No person shall park a vehicle overtime in a time restricted parking space. §92-49A. No Stopping Zone. The parking of vehicles is prohibited at all times in the following areas designated as "No Stopping Zones": Area Description (Reserved) §92-49B. Fire Zone The parking of vehicles is prohibited at all times in the following areas designated as '.'Fire Zones": Area Description (Reserved) 02-49C. Bus Stops. Stops":The parking of vehicles is lirohibited at all times in the following. areas designated as "Bus Area Desg1jption (Reserved) §92-49D. Loading Zones The parking of vehicles is prohibited at all times in the following areas desimated as "Loadin Zones": Area Description (Reserved) ARTICLE V4, VII Penalties §92-60 61. Penalties for offenses. A. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Section (B) below, shall, for a first conviction thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine or not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. B. All persons cited on a town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine ef$35 as set forth below and shall answer aad,ler- appear- on or before the designated r-et-am d 30 dus after the issuance of the summons. Persons failing to appef&en or- befer-e4he designated r- date answer before the gx piration of 30 dus after issuance of the summons shall be subject to—the figg"oWin serehffges - the Penally Schedule below,,Jn addition to the pr&scribed fines: (1) For failing te cmswef f withfift th.-Fee ffienths ef the r-ettim d4e: $20. (2). Fef failing to answef and/er- appeaf within six fflanffis of the r-etaffi date, an addifieli—al $20 in additien te the stli-eh ffge i ipesed in Subseetioa B(!)'abeve. 3/12/02 12 FINE SCHEDULE Section Description Amount 92-41 Parking Prohibited at All Times $35.00 92-42 Parking Prohibited Certain Hours $35.00 -92-42.B Between 10:00 PM and 6:00 AM $35.00 92-42.0 Night Fishing Permit $50.00 92-42-1 Parking Prohibited Certain Months $35.00 92-43 Parking Limited Time $35.00 92-43.1 Parking Public Lots $35.00 92-45 Fire Lanes $75.00 92-46 Parking or Standing Prohibited Certain Times $35.00 92-47 Fire Wells $75.00 92-48 Handicapped Parking Only $110.00* 62-3.A.6 Parking a Vehicle in Other than Estab. or $50.00 Designated Area 65-2.A Parking by Southold Town Permit Only $50.00 65-3 Resident Parkind Permit $50.00 92-49.A. No Stopping Zone $35.00 92-49-1 Fire Hydrant $75.00 92-49-7 Overtime Parking $35.00 92-49.B. Fire Zone $75.00 92-49.D. Loading Zone $35.00 92-49.C. Bus Stop $35.00 92-49-2 Double Parked $35.00 92-49-3 On Sidewalk $35.00 92-49-4 Exlp. Registration $35.00 $50.00 over 60 day 92-49-4 Expired Inspection $35.00 $50.00 over 60 92-49-5 Wrong Side to Curb day 192-49-6 Obstructed Driveway - $35.00 includes NYS mandatory Surcharge of$35.00 $35.00 Section Description F!I ne Penalty at Penalty at Penalty at 90 30 60 92-41 Parking Prohibited at All Times $35.00 $70.00 $105.00 $1-2-5.00 92-42 Parking Prohibited Certain Hours $35.00 $70.00 $105.00 $125.00 92-42.13 Between 10:00 PM and 6:00 AM $35.00 $70.00 $105.00 $125.00 92-42.0 Night Fishing Permit $50.00 $100.00 $150.00 $170.00 92-42-1 Parking Prohibited Certain Months $35.00 $70.00 $105.00 $125.00 92-43 Parking Limited Time $35.00 $70.00 $105.00 $125.00 92-43.1 Parking Public Lots $35.00 $70.00 $105.00 $125.00 92-45 Fire Lanes $75.00 $150.00 $225.00 $245.00 92-46 Parking or Standing Prohibited Certain Times $35.00 $70.00 $105.00 $125.00 92-47 Fire Wells $75.00 $150.00 $225.00 $245.00 92-48 Handicapped Parking Only $110.00* $185.00 $260.00 $280.00 62-3.A.6 Parking a Vehicle in Other than Estab or Designated Area $50.00 $100.00 $150.00 $170.00 65-2.A Parking by Southold Town Permit Only $50.00 $100.00 $150.00 $170.00 65-3 Resident Parking Permit $50.00 $100.00 $150.00 $170.00 92-49-A. No Stopping Zone $35.00 $70.00 $105.00 $125.00 92-49-1 Fire Hydrant $75.00 $150.00 $225.00 $245.00 92-49-7 Overtime Parking $35.00 $70.00 $105.00 $125.00 92-49.13. Fire Zone $75.00 $150.00 $225.00 $245.00 92-49.D. Loading Zone $35.00 $70.00 $105.00 $125.0W9" 92-49.C. Bus Stop $35.00 $70.00 - $105.00 $125.06 92-49-2 Double Parked $35.00 $70.00 $105.00 $125.00 92-49-3 On Sidewalk. $35.00 $70.00 $105.00 $125.00 92-49-4 Exp. Registration $35.00 $70.00 $105.00 $125.00 $50-00 over $100.00 $150.00 $170.00 92-49-4 Expired Inspection 60 day $35.00 $70.00 $105.00 $125.00 $50-00 over $100.00 $150.00 $170.00 60 day .92-49-5 Wrong Side to Curb $35.00 $70.00 $105.00 $125.00 92-49-6 Obstructed Driveway $35.00 $70.00 $105.00 $125.00 3/12/02 13 Includes NYS m andatory Surcharge of$35.00 ARTICLE V-11-,VI 92-6-1-60. Restricted truck traffic. A. Purpose. The Town Board of the Town of Southold finds that, with the increasing development and population of the Town of Southold, transportation activities are increasing and impacting the local streets. Regulation of truck usage on local streets is necessary so as to provide for the safety and welfare of the town's citizens and for the orderly flow of vehicular and pedestrian traffic on busy local streets. There are numerous other alternate local streets linking state and county highways in the area. B. Trucks, tractors, tractor-trailer combinations, tractor-semitrailet combinations or tractor-trailer-semitrailer combinations in excess of a registered weight of 10,000 pounds are prohibited from traveling -upon the following streets. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the streets from which such vehicles or combinations are otherwise excluded: Name of Street Location Love Lane At the intersection of Love Lane and State Road 25 north to the intersection of Love Lane and County Route 48 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #185 Moved by Councilman Richter, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby 2rants permission to the Fishers Island Ferry District Board of Commissioners to advertise for competitive bids to drydock MN RACE POINT and performance of work-thereon in accordance with specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: I would just like to say as a point of reference on Resolution 185 sol iciting bids it is for the ferry motor vessel Race Point that runs betwixt New London, Connecticut and Fishers Island ferrying cargo and passengers, and we are going to see to it this will be the first time in quite some time that bid is advertised on Long Island as well as New London, Connecticut. #186 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Paul F. Giles, Jr. as a Commissioner of the Fishers Island Ferry District to serve to the second Tuesday of August 2004. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Roman.elli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #187 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town.Board of the Town of Southold hereby appoints Henry F. Santacroce to the'Position of Part-time Minibus Driver for the Human Resource Center, at the rate of$9.65 per hour, effective March 18, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #188 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the.Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to sign an Agreement between KeYSPan Gas East Corporation d/b/a KeYST)an Enerzy Delivery Long Island and the Town of Southold for natural gas service for six (6) gas street lights located on Love Lane, Mattituck,NY, subject to the approval of the Town Attorney. 3/12/02 14 COUNCILMAN ROMANELLI: That is for the service provided for the six streetlights on Love Lane. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #189 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Adult D Care Supervisor, Carol Betty, to attend the followim trainin2 seminars at the Geriatric Education Center—New York University: March 14 Cultural Diversity&Aging March 22 Geriatric Nursing Assessment March 25 Solutions to Environmental Hazards, Hands on Demonstrations April IQ Controversies in Ethics, Law &Nursing April 23 Supporting Aging in Place April 30 Recent Developments &Advances in Aging The total cost of the seminars is $95.00. This cost is to be a legal charge to the Human Resources 2002 budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #190 Moved by Councilman Wickham, 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 execute and forward 2rant applications to the Federal Aviation Administration for federal funding to make improv ements at the Elizabeth Airport, Fishers Island, New York, as requested bythe Fishers Island Ferry District. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #191 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes' and directs Supervisor Joshua Y. Horton to execute an agreement with .C&S Engineers, Inc., Syracuse Hancock International Airport, Svracuse, NY 13212 to provide engineering services in accordance with a Lump Sum Consultant Agreement for the, apron and taxiway stub at Elizabeth Airport (FAA AIP No. 3-36-0029-09-02 and NYSDOT No. 0913.09), Fishers Island, New York as requested by the Fishers Island Ferry District. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #192 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold must commence the SEQRA process as a condition precedent to initial review and consideration of certain Town projects; and WHEREAS there have been several studies and proposals addressing the erosion problems associated with the Goldsmith Inlet J and one proposal suggests as a solution the removal of a portion or the entire Goldsmith Inlet Jetty structure located in Peconic, New York and to even consider such proposal the Town Board must commence the SEQRA process; be it therefore RESOLVED that the Town Board of the Town of Southold declares this project to be an UNL)i§-TED action under SEQRA Rules and Regulations, 6 NYCRR 617.6 et. seq.;be-it ftirther RESOLVED that the Town Board of the Town of Southold 'determines that this SEORA review shaR be a coordinated.review pursuant to SEORA Rules and Regulations. Vote-of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #193 3/12/02 15 Moved by CouncilmAnRomanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Deputy Tax Receiver Rosina Suglia. to attend the Suffolk Count cia y Tax Receivers Asso ' tion meetin on Wednesday, March 13, 2002 at the Riverhead Town Hall. Mileage to be a legal charge to the Tax Receiver budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #194 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to locate a temporary house trailer for the Purpo se of a security watchman's trailer to Richard CoraZzillL Jr. on property located at 6245 Cox Lane, Cutchogue,New York, for a six (6)month period. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #195 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Solid Waste Coordinator Jame s Bunchuck, to attend the Federation of New York State Solid Waste Associations' Conference at the Si2amore.Hotel in Bolton's Landing, New York From May 5'h to May 8th, 2002. All travel expenses, *lodging, etc.. to be a legal charge to the 2002 Solid Waste Management budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton.' This resolution was duly adopted. #196 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to execute the necessary documents needed to obtain a NYSDEC mining permit for the compost vroperty located the Cutchogue Landfffl. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #197 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase in the contract with Dvirka & Bartilucci-for construction oversight of c4pping and closure of the Cutchogue landfill not to exceed$179,977.00. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #198 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of William F. Enelis, Jr. as a member.of the Southold Town Assessment Board of Review, effective immediately;-and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Board of Assessment Review. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Rorq4in' elli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. 9199 Moved by Councilman Richter, seconded by Councilman Wickham, it was ' RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Horton to en2age the services of Allen Video Productions, Inc., to tape re2ularly scheduled Town Board Meetings commencing March 26,1.2002, at the Town's expense as Cablevision will no longer 3/12/02 16 provide this service as of that date subject to reimbursement to the Town for such expenses through June 2002 upon successful completion of franchise agreement negotiations. Vote of the Town Board:. Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #200 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold her-eby engages Latham Sand& Gravel, Inc.to drefte Goldsmith Inlet, for a sum not to exceed $15,000, in accordance to the plans and specifications as prepared by James Richter, RA and the NYSDEC and Army Corps of Engineers Permits, funding from the Town of Southold Waterways Improvement funds, subject to the approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #201 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of a New Holland 2120, Compact Utflity Tractor, with accessories, at a price not to exceed $25,000, under New York State Contract No. 40601, with funding from the Town of Southold Parks & playground and Department of Public Work Accounts, subject to the approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. #202 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Nevffle to advertise for the position of Part-time transcriber for the Zonim Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman.Moore, Supervisor Horton. This resolution was duly adopted. 4203 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Daniel Ross to the position of Town Attorney. COUNCILMAN RICHTER: I have some discussion. Excuse me I have a little bit of a cold this evening and it is getting worse. I quite frankly don't feel like I am in friendly territory this evening. Let me explain the reasons for my upzoning vote on Daniel Ross. I am sure Daniel Ross is a gentleman of fine credentials.. One'of the thin g* s that I have found since being on this Board, is that when I find that a person is in a position and is doing a job well, such as I have seen....1 have not seen' any support here this evening for our current Town Attorney. But, I will tell you this, I would not make a decision that I do not feel comfortable with and the reason for doing it is what's good for Southold Town and I won't. Greg Yakaboski has done everything that I have asked for in the two years that I have been here. As for his work, I have absolutelynio complaints. I do believe that the Supervisor of the Town of Southold needs assistance, but I think he can rely on getting it there or he should look for someone else to give him assistance. If he is not comfortable then he should look elsewhere. I think that the attorney for the Town of Southold should be the attorney that works for all six of us, not just for one person. OYI.Fr the years in history we have had attorneys that stayed on as long as twenty years. Bob Tasker stayed on as a holdover from a different administration. If I differently, I would vote differently, but I have to vote with,my conscience. That's the only way I will ever vote. I am sure that I am not going to get much agreement out here tonight. Just, please, let me leave with my life, because I am not feeling too well anyhow. This will be the reason for my vote this evening. Thank you. SUPERVISOR HORTON: Is there any other discussion? 3/12/02 17 COUNCILMAN MOORE: Yes, I just want to make one other observation. There was an analogy given this evening that the Supervisor is a Chief Executive, akin to a President, or some other official, and that is just not the case. The Supervisor is one of six on the Board, and the Board has got to work together. When two new people join the*Board it doesn't mean that you upset the apple cart, and you just throw things out. I joined the Board six years ago, and there was no change in the Town Attorney, although there was a desire to change, and Craig has mentioned back in more ancient history, Bob Tasker serving. The Town Attorney serves not only the Town Board, the six people on the Town Board, it serves the Zoning Board, Planning Board, Town Trustees, and every other Town employee. I understand the desire for change, and that is all fine and good, but it doesn't mean that we all have to jump on board, and say, okay, you have made your vote. Josh is entitled to his opinion, and it has been expressed very strongly. Every other member of the Town Board is equally entitled to their opinion and their vote. Thank you. SUPERVISOR HORTON- Is there any other discussion? Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Supervisor Horton. No: Councilman Richter, Councilman Moore, This resolution was LOST. #204 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the Honorable Frederick J. Tedeschi, Esq. To the Board of Ethics for a term to expire December 31, 2004. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly adopted. #205 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget to appropriate Park& Playground funds for a compact utflit-y tractor: To: Revenues A.2025.00 Special Recreational Facilities Park&Playground Funds $12,500.00 From: Appropriations A.1620.2.500.700 Buildings & Grounds, Capital Outlay Yard Maintenance Equipment $12,500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: I would like to address the Board, and I have to say it is nice to see so many people regardless of what you are bringing to the Town Board, but, I have a couple of questions that I would like to address to Councilman Richter and Councilman Moore. I understand that Craig, both you and Bill Moore attended an emergency meeting at Joe Sawicki's Republican Committee last night to tell you how to vote on matters coming before the Town Board. Is it not a fact that Boss Sawicki Republican Committee. COUNCILMAN RICHTER: Let's go one at a time. I will answer them one at a time. Let's do this. I don't know so much about the emergency. I don't blame you, Bill. I am going to walk out, but I am going to a'nswer this. We got nothing to hide. I want to tell you something right now, Here,#ye go again. That was not an emergency. I got a call last week about a cominittee meeting. I am a Committeeman for the Republican Party. That was a set up committee meeting that was done last week. It was not an emergency meeting set up, and do I go in it and ask how to be told to vote? You should ashamed of yourself I would ne.ver do that. Excuse me. I never interrupted anyone else. Please. Nobody tells me how to vote. Do I go in and get advise? Yes, I do. I have a cabinet, a bunch of people that I ask advise from such as you should do. You are going to stand there and embarrass me I am going to walk the hell out of here. 3/12/02 18 SUPERV ISOR HORTON: Is it not a fact, Craig and Bill, that Boss Sawicki's Republican Committee has been talking to Richie Latham of the Planning Board? COUNCILMAN RICHTER: The discussion on Planning Board...to tell you the truth I am not really sure. I know I have been lobbied for him. I have been lobbied for a number of people to be on that Board not just by Joe Sawicki or anyone else. I don't understand with the boss. What is with the boss? What is up with that? SUPERVISOR HORTON: The answer is yes or no? COUNCILMAN RICHTER: The answer is I have been lobbied by a lot of people for that position on the Planning Board, a number of different people. SUPERVISOR HORTON: I have an easier question to ask then. COUNCILMAN RICHTER: Please, don't get smart with me. SUPERVISOR HORTON: Is it not a fact then that Boss Sawicki's Republican Committee has talked to you to vote against Dan Ross? COUNCILMAN RICHTER: I have asked the opinion of a number of committeemen what they thought of the candidates that we have, Greg Yakaboski, which was a candidate, Eileen Powers, and Dan Ross. I got conflicting and different views fi7orn different people. I will tell you that. SUPERVISOR HORTON: Thank you for answering that. COUNCILMAN RICHTER: I tell you the truth. I wouldn't tell anything but the truth. SUPERVISOR HORTON: I appreciate that. COUNCILMAN RICHTER: Please, that is not fair. You don't know me. You can't judge me that way. SUPERVISOR HORTON: The last question I have actually for you, Craig, is one of great concern to me, because we have committees M* *place in Town Hall to serve the people of Southold Town, to serve the people of Southold Town Hall, and it has brought to my attention and I am going to'ask you for a very honest answer. COUNCILMAN RICHTER: I gave you nothing but honesty. SUPERVISOR HORTON: Very good. COUNCILMAN RICHTER: This ought to be good. This ought to be real good. SUPERVISOR HORTON: Is it not a fact that Sawicki's Republican Committee instructed you to refer the Bill Moore ethics complaint to the Suffolk County Ethics Board for a Board of Ethics outside of Southold Town? COUNCILMAN RICHTER: Yes, it was a discussion. SUPERVISOR HORTON: That is a problem, Craig. COUNCILMAN RICHTER: A problem for you, Josh. I will tell you what. I am some surprised because I have a lot of ..I have known you a lot of years. I have a lot of respect for you. To tell yp.,�U.' the truth, you kno'w it is. funny we are on maybe on different sides of the fence, but we are not ieally. I wanted you to succeed. Right now I am a little angry. I want nothing for the best for Southold Town. I don't care we may be Republicans, we may be Democrats, Conservatives, Independent, but every damn one of us there is a Yankee in this town. We showed that by this last election. People will flip party lines in a heartbeat. Campaigns need to be run positively and on merit. Right now this is starting to get into tactics that I don't enjoy, and I don't appreciate. I will tell you what I am a little angry at you right now. This is not the way it should be done. I would like tell you that I am going to leave myself this evening. I have got a cold, and I don't need this. It's not right. 3/12/02 19 SUPERVISOR HORTON: If he would like to stick around I sure the rest of the Town Board would appreciate it. The matters we are fighting over tonight are organizational matters. They should have been resolved at the annual meeting. It is now two and a half months later, and we have still not gotten down to the important and pressing issues confronting Southold Town. COUNCILMAN RICHTER: Quite frankly, he sounds like a kid that didn't get his way, so he is going to cry. SUPERVISOR HORTON: I want protect farming, create accessory apartments, and bring an end to the bossism and cronyism that has crippled Town government that has revealed it's ugly face again tonight. I call on my Town Board colleagues. Tom, I call on you to put aside petty partisanship. I call upon my Town Board colleagues to put aside petty partisanship and work with me towards these important goals, as these are goals of Southold Town. I pledge my fall cooperation in this process, but I must have the tools I need including my choice of Town Attorney. I thank you all for being here. At this point in the meeting after all the excitement is over we offer the floor to the public to address issues referring to Town business, so feel free to do so at this time. NANCY SAWASTYNOWICZ: One thing. Nancy Sawastynowicz, East Marion. Now that Mr. Ross is on our Board we can take the extra money, and put it towards the-Animal Shelter. COUNCILMAN ROMANELLI: He didn't win the vote. NANCY SAWASTYNOWICZ: He didn't win the vote? COUNCILMAN ROMANELLI: We needed the majority of the Board. NANCY SAWASTYNOWICZ: Oh, I would like to bring it up again, and have the vote so that when he is in we can take the money he is going to save us for the Animal Shelter. JAMES DINIZIO: Jim Dinizio, Greenport. I was under the impression that there was supposed to be a public meeting tonight on the property up near my way for MyTine. SUPERVISOR HORTON: That is set for March 26 1h, and we will leave that public hearing open. JAMES DINIZIO: So, it wasn't scheduled for tonight. COUNCILMAN ROMANELLI: It was set up at the last meeting for March 26h. JAMES DINIZIO: Okay. One more thing I was hoping that Bill and Craig would be here. It is unfortunate that they not. SUPERVISOR HORTON: We don't have a quorum. Feel free to speak. JIM DINIZIO: It was convened. When I ran for Councilman two years ago we were in midst of fighting concerning 'County Road 48, and still stood at the mike over there, and asked questions concerning noticing of the people along County Road 48, and there was a problem with it, a problem so severe that they had to turn around and redo the noticing. That is the responsibility of the Town Attorney to insure that when it comes before this Board, okay, it is ready to go. If it not ready to go he is the man that is supposed to make.sure it. is ready to go. This morning we had a discussion conceming, and I believe it was in public, so I can make the statements, what I believe to be this particular Town Attorney's reinterpreting a law that has been in existence and interpreted this one way for approximately 25 years. Now, I have no objection to the Zoning Board of Appeals making an interpretation when it is asked. Legally that is what it is supposed to do, and it did that. I do 1,0,ve a problem with the Town Attorney letting it get that far. Okay? I don't -fault the Building Ingpector, because if he has questions he is supposed to be able to ask those questions. I would think he should ask the Town Attorney. Now, whether he did or' not, I don't know, but I can tell you this much it should never have gotten to the Zoning Board of Appeals. They should have come before you folks. Another misstep. Mr. Yakaboski is just not Town Attorney material, and we need to have a Town Attorney who is experienced in-Town government. Now, I don't know what you do about Dan Ross.-I don't know if you can bring him up again, whether you would even want to bring him up again, but I urge all of you and even the two that left to come up with somebody that is good, and someone that 3/12/02 20 you can all rely on, because we are only going to end up in lawsuits. We are only going to end up with like Ms. Wachsberger said, misinterpretations of the law, and they do. Believe me I have been involved for fourteen years. I have seen plenty of laws just not get enforce, and it is certainly not what I am all about. I believe if we have law that should be enforced, that all the laws should be enforced. So, let's get together on this. All six of you, and come up with somebody regardless of party affiliation, that is experienced enough to run the town in a manner we as taxpayers deserve. Thank you very much. ARTHUR TILLMAN: Just for clarification. Art Tillman, Mattituck. I read in the paper last week that the current Town Attorney receives, is it $67,000 a year, is that correct? Dan Ross would do the job for $55,000 a year? SUPERVISOR HORTON: That is correct. ARTHUR TILLMAN: So, that would be a savings of$12,000. Gee, we could do a lot with $12,000, maybe hire a few more lifeguards, do a little more for the kids. I mean I know that was one of your programs to cut expenses in town, but I wish it had come up during the public part of the meeting, that it did represent a savings,plus we would be getting a dam good attorney. Thank you. SUPERVISOR HORTON: Mr. Carlin? FRANK CARLIN: Good evening, Frank Carlin, Laurel. I just got back from my vacation in Florida. I feel pretty good. I have been before many a Town Boards, before many Town Supervisors, Martocchia, Pell, Murphy, Scott Harris, Mr. Wickham, Cochran, forty-eight years. This is nothing new to me. I never seen one act like this before. Amazing. Disgrace. I don't like to talk about politics, but I am going to do tonight. I was going to talk about the animal shelter, but he walked out on me, and on the Commission, so I have to change it to something else. I am not going to waste my time'. November 7 th I was watching the election on television, watching the reports coming in, and when you won I said to my wife, I am glad he won. In fact my wife and I both voted for you. In fact, I offered to you, and you know this twice to put your sign out in front of my house. Somehow you didn't want to do it. I predicted to my wife, I said, I am glad that you won, but you are going to have a hard time, and prediction is coming true, because it is going to be two against four, and knowing how these people work in this town you are going to have a rough time, and I feel sorry for you. I believe you could have had three instead of only you, too. But the reason that didn't happen in my opinion is because Brian Murphy won, and took the votes away from either Joe Lizewski or Woodhouse, and I believe you would have had another person on the Board to give you a little help,but you didn't and I feel sorry for you, but you are doing a damn good job, and it is pathetic. I have lived here for 48 years. I have been before the Board, but I never seen people like that to walk out. They were elected by the people, and I think the next time around when election comes they shouldn't forget it. I had a good agenda tonight for the poor animals over there, but the guy ain't here. I can't talk to the wall. I will take a little time, and I am going to go. I want to tell you what happened to me when I went of Florida. I flew down on an airplane. I left McArthur, and it was pretty good security there. Good, they opened my bag up and everything. My wife and I went on the plane, but when I was coming back from Tampa in the Tampa airport my wife, she walked through, and nothing happened. I walked�through the scan, and nothing really happened. As I walked through the guy said, would you step over here, please, on the right side. So, the first thing he said to me, take off your shoes. So, takes my shoes and then he says to me. SUPERVISOR HORTON: Frank, is this going to get back to Southold Town? FRANK CARLIN: I will tell you this is something different. I am going to leave after this. Take off your shoes. He asked me to open up my belt buckle, so I opened up my belt buckle. SUPERVISOR HORTON: I don't want to know much more. FRANK CARLIN: Wait a minute. Let me finish. I am getting to the final-stage here. He said, put your hands up in the air. By this time I got seared as Hell. I thought my pants were going to fall down. You know why I was scared? Because I was hoping there was about one hundred people lined behind me I figured there might be somebody there from Southold Town or one of you Board members, and you would come back to Southold, and say, what do you know? In Tampa airport I seen Frank Carlin with his hands up in the air and with his pants down. That is what seared the Hell out of me. Good night. 3/12/02 21 BRIAN MAHONEY- My name is Brian Mahoney. I live here in Southold Town, and I don't want to change the subject from this man's trip to Florida, but I have an issue the first one being politics. It seems that obviously these two gentlemen who left I don't know what their causes are, or what their beliefs are, and really I don't care at this point, but they are not here to hear what I have to say, and that pisses me off,because I had to sit here and listen to everybody else's stories, and you know now I have my say, and these two clowns ain't here to hear what I have to say, and it pisses me off. It really does. These people shouldn't take jobs if they can't take the heat in the kitchen, and obviously the voters of this town stood up on their own two,feet, and made a change. Whether we like it or not the change and the people spoke, and there was obviously a change made for whatever reason because obviously people were tired of the way things were, and it is about time people wake up and realize that, because the issue I am going to go into is the Building Department, and I am going through a renovation at my house, and I can't believe the BS that goes with this town with the Building Department, and really I want to know, and I know you can't give me an answer right this second as to who is running the town, the Building Department or the Town? I mean these guys come to my house, and they are practically like terrorists. I mean in your own back yard. They tell you things that they have no jurisdiction telling you. They don't have their facts straight, and then you are hiring licensed people, like architects and engineers, and these clowns come in, and tell you they don't know what they are talking' about. So, what the hell did you just spend seventeen, or fifteen, or I have had people tell me thirty thousand dollars on plans, and these idiots here think they are smarter. I don't understand why this happens. Am I wrong? I just don't understand why this goes on in this town. I mean you tell me to hire an architect and engineer, draw plans for renovation, or a house, or a doghouse, it doesn't matter. You get the plans, and these idiots tell you it is wrong. I don't understand that, and it has got to be addressed, and if these people don't like their jobs then fire them. You got me on videotape. Fire them. I don't care, because you know what is happening, and you people are guilty of it in a little bit of a way, because the more they drag it out. Now you just made a new Town Law to double the fines when the guy doesn't finish the job in a year, so like there is some collusion going on here, because now you got the Building Inspector coming to your house a dozen times for the same stupid things, and every time he tells you something different now in a year he wants us to get another permit, and the fines, the fee now have doubled, and I ain't paying it. COUNCILMAN ROMANELLI: The fees have only doubled when you apply for the permit after the fact if you build without permit then you come in. BRIAN MAHONEY: I was told by the guy in the department that if we ain't finished in a year, then you got to reapply, and the fee has doubled. I know two local residents that have already gone through, that who have gotten letters from the Building Department, and just as an example, I have a friend that built on a piece of property with a permit, and after he got the whole thing done they told him he shouldn't have built the house to begin.with. I mean this stuff goes on. I mean I am sure we can get a story from all different kinds of people. I don't know what business Mr. Richter is in, but I know there is a contractor in this town by the name of Richter, which might not be any coincidence, but he gave .the woman an estimate, and two.days later started the job when I was told at the time I had to wait five months for a building pen-nit. There is a lot of stinky shit going on in that office. I know there is a new guy in there, and I will give him the benefit of the doubt. He is new, but the rest of those people that work there if they don't like the job find somebody else. I know you got a Union in there, but who is running the town, the Union, the Building Department, or the Board? I am not personally holding you responsible, Josh, or John, or Mr. Wickham, or anybody else on the Board, but something has got to give here. This is stupid. 1 mean it has gone far enough. It is not funny. It really isn't. It is getting to be agravating. It is costing taxpayers money for stupid things. That is all I have to say. Thank you. SUPERVISOR HORTON: Thank you. JAN MORR-JANKOWSKI: I am Jan Morr-Jankowski. I live at 1968 in Orient on Village Lane when a bought a ruined house and remodeled it, and we are a family of four, who two of us work, and the -other two study, not in Orient, but it is our legal and voting domicile, and I would like tQoring attention of the Board to a matter which is of great concern to me, and to some of my neighborg..It has nothing to do with politics. It has to do with the quality of life. I read in Suffolk Times a week ago that a restaurant will be established on the comer of Village Lane which is a unmarked street and the Main Road, which the article says is not in the middle of a residential area, but anybody who knows the area knows it is in the middle of residential area. Apparently it is business zoned, but I don't know it is zoned for a restaurant, which advertises already now that it will have live music. All I know is the article in the newspaper, which says that they have engaged a local architect for extensive remodeling of 2,000 square feet, and to my great astonishment I read that this establishment was welcomed by Mr. 3 1202 22 Orlowski, who I understand is an employee of the Board, and I don't know if he has the power to make the decision approving it. I have lived here long enough to have witnessed in East Marion the building of a motel for which there was no permit, but then hardship was claimed, and the motel was not turned down. I am sure that many of you have seen such a situation where matters were put forward, which were detrimental to the neighborhood, and I am calling for the Board's attention of this matter, and to have a very careful review, because certainly I am not looking forward to hearing live music even though the owners assert that it will not be electrically amplified, but who can enforce whatever music that will be played when I am here on a quiet summer evening, and that is all, ladies and gentlemen. I wanted to call it to your attention. Please, help us to prevent such a situation occurring, which afterwards could not be corrected, because he will claim it is hardship. I might add that this place is to be brunch or a restaurant run in Glen Cove, so it is not a little business. Thank you very much. MELANIE NORDEN: Melanie Norden, Greenport. A couple of weeks ago at the last meeting I requested a postponement for the affordable housing here scheduled on March 26h, because of the variety of procedural errors in both the notification process, and a variety of items that had been not included in the application according to the Town Code. For the record I would say that I found the Town Attorney impossible to deal with on these issues, and in fact despite numerous requests, and also filing a FOIL I still have yet receive adequate information about this. I think it really beholding to an attorney in the Town, or to the appropriate people that have been elected, and/or hired to-review such applications that will have such an impact or presumably an impact on communities. I ask again. Tonight there was supposed to an answer to this question, and the Attorney was supposed to address issues that had to do with notification. We still claim, and I think rightly that the application is not complete, and that the notification has not been followed adequately. So, again, we would like to request the hearing until such time as the Town Attorney can address our concerns. In addition I understand from discussions with Victor, the Senior Planner at the Planning Board that it is highly likely that this affordable housing project will not in any way be reviewed by the Planning Board prior to the hearing on March 26th. The sixty days have now elapsed from the review period as outlined in the Town Code, and I understand that it is not uncommon for the Planning Board not to have an opinion. I have filed.a letter with the Planning Board indicating that we find that utterly unacceptable as property owners and taxpayers, particularly because if the Planning Board does not render an opinion or if the County Planning Commission does not render an opinion the way in which the vote is determined on the affordable housing district changes. In which case if the Planning Board votes or recommends in their review against the proposal a super majority must be found among *Board members to approve it. If the Planning Board or the County Commission has nothing to say about the proposal the super majority doesn't apply, so it is our contention that we would like the Planning Board to see if they can manage to undertake a review prior to this hearing, and if that i's not possible then Mr. Yakaboski has indicated to me-that the engineering report of Nelson, Pope, and Voorhis is privilege information. We solemnly request that we see a copy of it, because we have no way of commenting on engineering data if there is no data available from the County Planning Commission, from the Town Planning Board, or from other sources. So, frankly, I don't know who is minding the shop, but it is my conce m that theTown Attorney has simply not reviewed this process appropriately, and we would really like a response from the Attorney, and a postponement of the hearing. SUPERVISOR HORTON: Thank you. Anyone else like to address the Board? DOUGLAS CONSTANT: Good evening, my nai ne is Doug Constant, and I am the owner-of record of 200 Village Lane. You know there is about I would say 90% of greater Orient is non-conforming. In other words everybody has a structure that is one foot inside their property line, and my garage backs up one foot*from the proposed parking lot for the coffee shop with the live music. I wonder about my quality of life. It is on a hot comer there, you know? People going 40, which means 50, and they go down Village Lane, which is 30, but that means 40, and they come around that comer. Can you imagine people zipping to the ferry to pick up coffee and a paper coming out of that lot? It is amazing. It is amazing. COUNCILMAN ROMANELLI: Do you know what that lot is zoned? DOUGLAS CONSTANT: Commercial. That is all I know, but there is business and business. Like a doctor's office is a good thing, but not something where you have car dieseling, or someone locks the car and the alarm goes off. COUNCILMAN R.OMANELLI: So,he is business zoned? 3/12/02 23 DOUGLAS CONSTANT: I believe so, which may or may not be a correct thing, but it was. I guess we Will be talking again. PETER HARRIS: Good evening, members of the Board. My name is Peter Harris, and I am not here tonight to talk politics, or appointments of anyone. What I am here to talk about tonight is that I plan to clean up Southold Town, so with that starting April 20th through May 19th it will be clean-up time for Southold Town spring clean up. So, it will be advertised in the local p apers stating what days we plan on being in your areas. However, the landfill starting on the 201h, Saturday through Sunday, May I 9th, anyone wishing to help the Town out by carting your own leaves and branches to the landfill they will be accepted free of charge as long as you hold a valid permit. Thank you. SUPERVISOR HORTON: Thanks, Pete. Anyone else like to address the Town Board? (No response.) Thank you all for attending this meeting. God speed, and have a good night. Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:57 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly adopted. El"izabeth A. Naevil7l�e � Southold Town Clerk