HomeMy WebLinkAboutTB-01/21/2003SOUTHOLD TOWN BOARD
GENERAL MEETING
January21,2003
7:30 P.M.
A Regular meeting of the Southold Town Board was held on Tuesday, January 21, 2003 at 7:30
P.M., at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the
Pledge of Allegiance to the Flag.
Present:
Absent:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
Councilman Craig A. Richter
SUPERVISOR HORTON: Good Evening and welcome to the January 21 public meeting of the
Southold Town Board. We have reports, public notices and communications available for the public to
view at the Town Clerk's office between 8 and 4, Monday through Friday, if you care to do so, please
stop by and we will make those available to you. As well, ! have a letter ! would like to read, ! was
cc'd on this so to speak and it is a letter to the Chief of Police, Chief Cochran from a resident of
Southold Town and ! would like to take the opportunity to read letters that come in about our various
departments, letters of appreciation and ! also always note the letters of critique. "Dear Chief Cochran,
It is with pleasure that ! write this letter to you and Southold Town Police Department. Currently, we
have two beautiful children, Chris, who is 10 and Sarah, 8. Just before Thanksgiving my wife Andrea
and ! became court-appointed guardians to our 2 lA year old nephew, Joseph. News in this town
travels fast and many of our friends came to our aid with baby clothes and things that we had long
since passed on to others from our own children. The biggest surprise came from the Southold Town
January 21, 2003
Town Board Meeting
2
Police Department. I received a call from Officer Jennifer Combs-Quarty who made an appointment
to come to our home. Upon arrival, Officer Combs-Quarty furnished us with a new child restraint car
seat and bike helmet. She proceeded to educate us on the proper installation and also brought to our
attention the older seat that we had been using for a few days was a recalled item. We wanted to
acknowledge her efforts and professionalism. We feel that many families would benefit from her
expertise in safety and encourage the continuation of this service. Whether the Town or County outfits
these items, thank-you. We appreciate the Police Departments gesture and dedication to the safety of
our citizens." As a matter of protocol, as most of you who attend this meeting know, we offer the floor
to the public in order to address the Town Board at two points over the course of this meeting. The
first is offered prior to the voting on specific resolutions, if you care to address the Town Board on any
of these printed resolutions on the agenda, I will make the opportunity available to you prior to voting
on them. As well, after we run through the resolutions I will offer the floor to members of the public
that would care to address the Town Board on Town related items. With that being said, when you do
address the Town Board I ask that you make use of one of the two microphones at the front of the
room and state your name and place of residence, so we can enter that into the record. I would like to
move forward with the approval of the bills.
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $711,846.45; General Fund Part Town bills in the amount of $46,893.29; Highway
Fund Whole Town bills in the amount of $20,467.55; Highway Fund Part Town bills in the amount of
$49,292.11; Capital Projects Account bills in the amount of $157,388.32; Landfill Cap & Closure bills
in the amount of $19,729.61; New London Terminal Project bills in the amount of $22,819.83;
Employee Health Benefit Plan bills in the amount of $22,884.74; Fishers Island Ferry District bills in
the amount of $34,429.17; Refuse & Garbage District bills in the amount of $118,806.69; Southold
Wastewater District bills in the amount of $61,156.06; Fishers Island Sewer District bills in the amount
of $55.17; Southold Agency & Trust bills in the amount of $6,296.39 and Fishers Island Ferry District
Agency & Trust bills in the amount of $199.22.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board be held Tuesday, February 4, 2003 at
4:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Southold Town Justice Court, Evans - December 2002
2. Southold Animal Shelter - November 2002
3. Southold Animal Shelter - December 2002
4. Board of Town Trustees - December 2002
5. Board of Town Trustees - 2002
6. Leave Time Summary Report - November 2002
January 21, 2003
Town Board Meeting
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7. Southold Town's Program for the Disabled - December 2002 Events
8. Juvenile Aid Bureau - December 2002
9. $outhold Town Justice Court, Price - December 2002
II. PUBLIC NOTICES
1. NYS Department of Environmental Conservation Notice of Complete Association of Joseph
Chernushka to construct a dock at Marion Lake, Bay Avenue, East Marion. Written comments
by February 7, 2003.
III. COMMUNICATIONS
1. Letter to Police Chief Carlisle Cochran from Chris Manfredi re appreciation for Police
Department.
SUPERVISOR HORTON: We do have a public hearing scheduled for 8:00 PM, we will move
forward with our resolutions on the agenda, at which time 8:00 we will move into our public hearing.
Would anybody care to address the Town Board on the printed resolutions? Yes, Mrs. Egan.
JOAN EGAN: Yes, I have a number of them here. I notice that Mr. Richter isn't here. He is not sick,
is he?
SUPERVISOR HORTON: He is not feeling well, Mrs. Egan.
MRS. EGAN: Oh, I am sorry to hear that because I was going to ask him as the liaison to the Police
Department, to ask his good friend Chief Cochran or Jean Cochran, to see if he can get the information
regarding the Child Protection Agency and all the things that I had asked him to do and hasn't done.
Okay. Item #35, here we go again. We are down on policemen and we are down on Detectives and
now we are sending two more to Philadelphia. These things can all be done by correspondence or by
film and on the computer. This is wrong. Now, who is this James Kelly to attend the crisis class in
Abington, Pennsylvania? Who is he?
SUPERVISOR HORTON: He is one of our dispatchers, at the Police Department.
MRS. EGAN: Why does he have to go? Why can't this be done by mail, computer or videotapes?
Ridiculous. And the Chief has to go out of town now, also? You are going to have half the Police
force gone. Not that they are not here, anyhow. Oh, and here is another one #46. You have Detective
Sergeant Sinning and Detective Conway to go to the Mid-Atlantic, in Atlantic City. I hope that they
don't go over to the gambling casinos. We don't give them chits for that, do we?
SUPERVISOR HORTON: No, Mrs. Egan.
MRS. EGAN: Good, I am glad. That is ridiculous. I don't know how you people sit up there, no
smirks on anybodies face, you know you are on candid camera and everybody is watching these
meetings, more to see me than to see any of you. Did you know that? Oh, yes, #51. Mr. Harris, Mr.
Harris is supposedly doing many things since he took office and made campaign promises and he
hasn't done any of them. Now, Mr. Horton, at your meeting this morning I gave you some string. I
think I gave you six or eight pieces of string, didn't I?
January 21, 2003
Town Board Meeting
4
SUPERVISOR HORTON: Mrs. Egan, if you have questions...
MRS. EGAN: No, this is important.
SUPERVISOR HORTON: ..... if you have questions for the Town Board in regard to the resolutions, I
will entertain those questions.
MRS. EGAN: This is important that they remember what they are supposed to do. You put a piece of
string around your finger to remember. To remember your campaign pledges that you haven't lived up
to.
SUPERVISOR HORTON: Do you have any questions for the Town Board on the resolutions?
MRS. EGAN: Oh, yes. There is something in here about, ! am not sure which resolution it was, about
salaries or something about the Community Center over here on Peconic Road. You know the Police
road here. The Recreation Center, would you know this Mr. Horton, that two years ago ! went up there
to attend something or other. The roof was leaking, there was no heat, it was so cold, we couldn't even
stay. Mrs. Cochran was then Supervisor and ! called her up, it was only 15 bucks but it was my 15
bucks and ! asked her for my money back. Guess what? ! didn't get it. So before you send people up
there in the winter, ! would advise each and every one of you to go up there and see whether you can
even survive for 15 or 20 minutes. ! play bridge there for many a year and didn't get any heat there
either. Now, #59, grant Assistant Town Attorney Patricia Finnegan, now who is she? We have
another moveable chairs around here? Is she a new one or an old one?
SUPERVISOR HORTON: She has been with us for about four months.
MRS. EGAN: Four months. Now, to the best of my knowledge, Mr. Yakaboski hires those attorneys,
or reviews their ....
SUPERVISOR HORTON: The Town Board hires the attorneys.
MRS. EGAN: On whose recommendation?
SUPERVISOR HORTON: We interview them.
MRS. EGAN: Does the Town Attorney help supervise that meeting?
SUPERVISOR HORTON: We do ask for input from the Town Attorney, yes.
MRS. EGAN: Pardon?
SUPERVISOR HORTON: We do ask for the Town Attorney's input.
MRS. EGAN: And he attends the meetings and gives his input and his expertise, I would imagine. Is
that so?
January 21, 2003
Town Board Meeting
SUPERVISOR HORTON: We do ask for his input, yes.
MRS. EGAN: And how many of you ....
SUPERVISOR HORTON: Mrs. Egan, does this pertain to a printed resolution?
MRS. EGAN: Yeah, grant Assistant Town Attorney benefits, including immediate health benefit
coverage. Wasn't she entitled to that from the time that she started the job? Why is this now part of an
issue?
SUPERVISOR HORTON: Yes, this is not part of an issue, actually. It is an administrative
clarification. We are solidifying the agreed on terms with the Assistant Town Attorney.
MRS. EGAN: I still don't understand. When she was
contract, they should be given contracts at least three to
continuity with the law enforcement here.
hired four months ago, was she given a
six months contracts so you have some
SUPERVISOR HORTON: That is correct.
MRS. EGAN: And does she have a contract?
SUPERVISOR HORTON: Yes.
MRS. EGAN: She does. And the other ones that came in and came out, they didn't have contracts?
SUPERVISOR HORTON: They did.
MRS. EGAN: They did. And they violated their contracts. Well, then again Mr. Horton, whoever you
are taking advice from for hiring these lawyers from, you are doing a lousy job. Thank you very much.
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MRS EGAN: You are more than welcome.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed
resolutions? (No response.)
#33
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of
the following Capital Proiect in the 2003 Capital Budget:
Capital Project Name: Human Services Van
Financing Method: Transfer from General Fund Whole Town
Budget: Revenues:
H. 5031.20 Interfund Transfers
$16,429.00
January 21, 2003
Town Board Meeting
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Appropriations:
H.6772.2.300.100 Programs for the Aging
Capital Outlay
Vans $16,429.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#34
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
application of Greenport Youth Activities to use the Strawberry Fields Fair,rounds on
May 15 thru May 18~ 2003 for their fund raising event, as outlined in their application.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#35
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Det./S;~t. John
Sinning and Det. Edward Grathwohl to attend the Street Crime and Surveillance Technique
Seminar presented by John E. Reid and Associates in Philadelphia~ Pennsylvania commencing on
Monday, February 10 through Wednesday, February 12, 2003 at the Hawthorne Suites Hotel,
Philadelphia, Pennsylvania.
Registration fee for this course is $395.00 per person for Det./Sgt. Sinning as Detective
Grathwohl has received a complimentary pass. Room accommodations would be for three
nights at $406.98 for a total cost of $801.98. Additional expenses would be for meals, tolls and gas.
Transportation would be by Town vehicle. All costs to be a legal charge to the Police Department
Training line -A. 3120.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#36
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes Public Safety Dispatcher
James Kelly to attend a two (2) day crisis call handling course commencing on Monday, April 7
through Tuesday, April 8, 2003 at the Abington Township Police Department located in Pennsylvania.
No costs to be incurred by the Town.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#37
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
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Town Board Meeting
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RESOLVED that the Town Board of the Town of Southold hereby authorizes Chief Carlisle E.
Cochram Jr. to attend the Bureau of Justice Assistance/COPS Training Session on I "The
Traumas of Law Enforcement" to be held at the Doubletree Hotel in Portland, Maine commencing on
Monday, March 24, through Wednesday, March 27, 2003.
There is no fee for attending this training session. Room accommodations will be at the
Doubletree Hotel at the special room rate of $84.53 per night for four (4) nights at a cost of
$338.12. Transportation would be by Town vehicle. Additional expenses would be for meals, tolls and
gas. All costs to be a legal charge to the Police Department Training line - A.3120.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#38
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk
Elizabeth Neville to advertise for bids for the replacement of the West Road Bulkhead, in
accordance with the plans and specifications prepared by Town Engineer James Richter.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#39
Moved by Justice Evans, seconded by Councilman Wickham,
RESOLUTION urging the Legislature of the State of New York to INCREASE the fee retained
by municipalities for issuing hunting and fishing licenses under the Department of
Environmental Conservation's Automated Licensing Services (DECALS) program
WHEREAS, the issuance of hunting and fishing licenses/stamps by local governments is a valuable
and necessary service to the state; and
WHEREAS, Town Clerks must be aware of and carefully follow the mandates of the Environmental
Conservation Law and the New York State Department of Environmental Conservation in connection
with the issuance of licenses and/or stamps; and
WHEREAS, Towns face considerable liability for any failure to properly issue and record such
licenses, for failure to properly file the required reports, and for failure to comply with all other
requirements of the new legislation; and
WHEREAS, Towns must maintain a separate telephone line, equipment and space as a condition of
participation in the DECALS program; and
WHEREAS, the state only pays for the installation of such required additional telephone line, but not
for the added monthly cost of maintaining such line; and
January 21, 2003
Town Board Meeting
WHEREAS, Towns participating in the DECALS program must now also issue free Deer
Management Permits, for which no percentage or fee is returned to the Town at all; and
WHEREAS, Towns currently receive no more than 5.5% of the fee for issuance of resident licenses
and 1.1% for issuing non-resident licenses in compliance with the law and all procedural requirements;
now, therefore it be it
RESOLVED, that the Town Board of the Town of Southold to urge in a unified voice that the
Legislature of the State of New York pass and the Governor sign into law legislation to increase
compensation to local governments representing the state with those citizens purchasing licenses
under the DECALS program by:
1. Increasing the percentage retained for license issuance from 5.5% to 15% (for resident licenses)
and from 1.1% to 3.0% (for non-resident licenses), such increase to help defer the cost of the
monthly telephone line service charge incurred by the Towns
2. Paying a percentage on combination licenses and permits issued
3. Paying $1.00 to the municipality for each deer management permit issued for free by the
Towns
4. Establishing a 10% commission reimbursement to the Towns to cover the loss of revenue
directly resulting from the DECALS issuance of sporting licenses to town residents
5. Establishing an ombudsman and information agency or office within NYS Department of
Environmental Conservation as a resource for residents to go to with questions or problems
relating to DECALS-issued licenses; and be it further
RESOLVED, that a copy of this Resolution be transmitted to the Governor, the Attorney General, the
Temporary President of the Senate, the Speaker of the Assembly, the Majority Leader of the
Assembly, the Minority Leader of the Senate, the Minority Leader of the Assembly, and the
Chairpersons and members of the Senate and Assembly Environmental Conservation Committees.
SUPERVISOR HORTON: I would like to point out that the Town Clerk Elizabeth Neville brought
this to our attention and this is sort of one of the powers of partnership and working together with other
municipalities and associations that encompass towns throughout New York State, hopefully this
applies the right pressure at the State level. We will retain more of the fees related to these specific
decals and permits, as we do put in quite a bit of work into putting them together and passing them out.
So, Town Clerk Neville, thank you for bringing this forward.
Vote of the Town Board: Aye: Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Romanelli,
Councilman Moore,
#4O
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 budget~ as follows:
TO:
A7020.1.100.100 Personal Services/Regular Earnings $1,000.00
January 21, 2003
Town Board Meeting
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FROM:
A7020.4.500.420 Youth Programs Instructors $1,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#41
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town
General Fund 2002 budget as follows:
To:
A. 1355.1.100.100
A. 1355.1.200.100
From:
A. 1355.1.300.100
Board of Assessors
Full Time Employees
Regular Earnings
Part-time Employees
Regular Earnings
$1703.64
186.86
Board of Assessors
Temporary/Seasonal Employee
Regular Earnings $1,890.50
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#42
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids received
at the November 21, 2002 bid opening of 2003 Household Hazardous Waste Removal/Transport,
and be if further
RESOLVED that the Town Clerk hereby be authorized and directed to re-bid the 2003 Household
Hazardous Waste Removal/Transport bid.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#43
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
January 21, 2003
Town Board Meeting
t0
A. 1680.2.400.400 Data Processing, Equipment, Printers $1,500.00
From:
A. 1990.4. tOO. tOO Contingent, C.E., Unallocated Contingencies $1,500.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#44
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Frank
Blados~ part-time Guard with the Collection Center, effective January 9, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#45
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 budget as follows:
TO:
A.6772.4.400.675
A.6772. t. 100.200
A.6772.4. tOO. tOO
A.6772.4. t 00. t 50
A.6772.4.400. tOO
FROM:
A.6772. t.200, tOO
A.6772.4. tOO. 125
A.6772.4.400.300
Vote of the Town Board:
Dishwashing/Contracted Services $ 10.00
Overtime Earnings/Personnel Services 235.00
Office Supplies/Contractual Expense 400.00
Disposables/Contractual Expense 50.00
Building Maintenance/Contracted Svc t t 0.00
Part-time Earnings/Personnel Svcs $635.00
Kitchen Supplies/Contractual Exp 60.00
Printing/Contracted Svcs t t 0.00
Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#46
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Detective Sergeant
John Sinning and Detective Joseph Conwa¥ to attend the Middle Atlantic-Great Lakes
Organized Crime Law Enforcement Network (MAGLOCLEN) 2003 Annual Business Meeting
and the "New Face of Terrorism II" Information Sharing Conference as the Department's
representatives, commencing on Monday, April 14, through Friday, April 28, 2003 in Atlantic City,
New Jersey.
Hotel and travel expenses will be paid for by MAGLOCLEN. Travel will be by Department vehicle.
The cost of the conference is $250.00 ($125.00 per person) plus reasonable meal costs, which will be a
legal charge to the Police Department training line - A. 3120.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
January 21, 2003
Town Board Meeting
This resolution was duly ADOPTED.
11
#47
Moved by Justice Evans, 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 as follows:
TO:
A.6772.1.100.300
FROM:
A.6772.1.200.100
Vote of the Town Board:
Programs of the Aging
Personnel Services
Vacation Earnings
$ 2600.00
Programs for the Aging $ 2600.00
Personal Services
Part Time Earnings
Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#48
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution 719 adopted
at the November 7~ 2002 regular town board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby promotes Valerie Maione to the
position of Cook at the Nutrition Center working 40 hours per week, at the rate of $32~907.45 per
annum, effective November 7, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#49
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To-'
A.6772.2.500.700
Programs for the Aging, Equipment,
Kitchen Equipment $2,815.00
From:
A.9901.9.000.100 Transfer to Capital Fund $2,815.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#50
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Phoenix
Recycling in the amount of $100~085.00 (Alternative #2) for supplying the Solid Waste District with
January 21, 2003
Town Board Meeting
12
Town Garbage Bags for the 2003 - 2004 calendar years, all in accordance with bid specifications
and the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#51
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Superintendent of
Highways Peter W. Harris and head mechanic Greg Tyler to travel by plane from JFK
International airport to Buffalo~ New York on a same day flight for the purpose of inspecting
equipment for possible purchase by the Southold Town Highway Department. Plane tickets, meals,
etc. to be a legal charge to the 2003 Highway Department Budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#52
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thames
Shipyard~ on behalf of the Fishers Island Ferry District~ for the drydockin~ of the vessel the Race
Point at a cost of $23~150.00.
SUPERVISOR HORTON: I just have a question on this, probably for the Town Clerk's Office, where
is this advertised? Is it advertised in the local papers on the North Fork?
JUSTICE EVANS: The New London Day.
SUPERVISOR HORTON: The New London Day? But not the Suffolk Times?
TOWN CLERK NEVILLE: I will have to check. I am sure it was advertised but I think it was just a
typo. I would have to check, it was done by the Ferry District.
SUPERVISOR HORTON: I know that Long Island shipyards have expressed interest in putting in for
this bid. So I can direct them to what papers to look in as it is coming forward.
JUSTICE EVANS: If you tell the Ferry District that, they might place one of the ads on Long Island.
SUPERVISOR HORTON: I will do that, thank-you.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#53
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thames
Shipyard~ on behalf of the Fishers Island Ferry District~ for the drydockin~ of the vessel the
Munnatawet at a cost of $25~487.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
January 21, 2003
Town Board Meeting
13
#54
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Inspectors Gary Fish~
John Boufis and Bruno Semon to attend the 28th Annual Continuing Educational Conference.
The 2003 Educational Conference is scheduled for March 24-27, 2003 at the PdT Inn & Conference
Center. This will be part of the mandatory in- service training required for building inspectors.
Registration fees, meals, travel expenses etc. to be a legal charge to the Building Department 2003
budget
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#55
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of C & S
Building Service~ Inc. in the amount of $27~900.00~ for the supply and installation of a new
mechanical system to service the Southold Town Hall, all in accordance with the bid specifications
and approval of the Town Attorney, and Town Engineer.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#56
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold on the 21 st day of
January, 2003, a Local Law entitled, "A Local Law in Relation to updating the Community
Preservation Project Plan"; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M. February 4~
2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a
public hearing on this Local Law, which reads as follows:
LOCAL LAW NO. 2003
A Local Law in Relation to updating the Community Preservation Project Plan
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD as follows:
I. Article H entitled Southold Community Preservation Project Plan of Chapter 6 (Community
Preservation Fund) of the Southold Town Code is hereby amended as follows: {} 6-50. Community preservation project plan adopted.
For the reasons set forth in {} 6-45 hereof, the Town Board of the Town of Southold hereby approves
and adopts the Community Preservation Project Plan prepared by the Town Planning Department, the
Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to
the Town Board on August 4, 1998, during the work session portion of the Town Board meeting, said
plan being intended to constitute the Southold Community Preservation Project Plan which is required
by {} 64-e of the New York Town Law and Article ! of Chapter 6 of the Southold Town Code.
The Town Board of the Town of Southold hereby approves and adopts the January 2003 update
to the Community Preservation Project Plan prepared by the Land Preservation Department and
Central Data Processing Department and presented to the Town Board on January 21, 2003, during the
January 21, 2003
Town Board Meeting
14
work session portion of the Town Board meeting. The text of the Plan adopted by the Town Board in
1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated Executive Summary,
and updated cover pages. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List
of Eligible Parcels presented to the Town Board during the January 21, 2003 work session.
II. Severability.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
III. When effective.
This article shall take effect immediately upon filing with the Secretary of State as provided by law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#57
Moved by Councilman Moore, seconded by Councilman Wickham, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold on the 21 st day of
January, 2003, a Local Law entitled, "A Local Law In Relation to a One Hundred and Eighty (180)
Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site
Plans containing Dwelling Unit(s) in the Town of Southold; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M, February 4~ 2003~
Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public
hearing on this Local Law, which reads as follows:
LOCAL LAW NO. 2002
A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Major
Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20,
2002. The moratorium was intended to provide sufficient time for the Town to consider the
recommendations of the Blue Ribbon Commission and to comprehensively review Town planning
issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and
understand needed public infrastructure including consideration of hamlet areas and transportation
systems.
The Town Board established a moratorium planning team consisting of the Town attorney, Town
planner and land preservation coordinator, as well as two planning consultants and two legal
consultants. The team was directed to review Town planning goals, past planning studies, and Town
characteristics and consider implementation of key recommendations of past planning studies that
January 21, 2003
Town Board Meeting
15
assist the Town Board in achieving the goals of the Town. The moratorium planning team established
a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining
input from Committees and Boards, assessment of Town planning and zoning policies, and utilization
of a Generic Environmental Impact Statement (GELS) procedure to inform the Board, involved
agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard
look" at the implications and potential impacts of the comprehensive implementation strategy, allow
for review of mitigation and alternatives, and provide a procedure to allow a rational and logical
implementation strategy to evolve from an organized process. The Town Board authorized the
moratorium planning team to proceed with the tasks and schedule provided to the Town Board on
October 8, 2002.
The moratorium planning team has met on a weekly or as-needed basis to advance the tasks and
schedule as authorized by the Town Board. The team has completed a number of important tasks to
date, including:
· review of past studies;
· synthesis of past planning recommendations;
· review of Town Code, policies and definitions;
· preparation of Geographic Information System (GIS) resource maps in cooperation with Town
data processing staff to document Town characteristics;
· review of technical information and facts to be used in completing the GElS and planning
initiative review;
· initial review of Town affordable housing policies;
· initial review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities to be placed on the Town's website;
· public informational meetings, Town Board updates and dialogue with the Town Board
regarding policy considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· commencement of preparation of a build-out analysis; and
· commencement of preparation of the Draft GELS.
The Town Board recognizes the need to comply with SEQRA, and understands the value of this
process. The action is of Town-wide significance and is considered to be a Type I action which is
more likely to require an environmental impact statement. As a result, the Town Board has adopted a
number of documents in conformance with SEQRA, including the following important steps:
· classification of the action as a Type I action;
· designation of the Town Board as lead agency;
· preparation of an environmental assessment form;
· issuance of a Positive Declaration; and
· receipt of a Draft Scope of the Draft GElS and setting of the public hearing.
Recognizing the significance of the action and the need and desirability to comply with SEQRA
through the use of a GElS process, the schedule necessitates adequate time for preparation and
processing of the GElS and evolution of the ultimate series of recommendations to be implemented.
The Town Board seeks to ensure that the process is afforded sufficient time to ensure that technical
analysis and facts are generated, legal mandates are met and social needs are accommodated. In order
January 21, 2003
Town Board Meeting
16
to do this, additional time is needed beyond the expiration of the six (6) month moratorium enacted on
the Town Board on August 20, 2002.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional
six (6) month period for the purpose of completing the specified tasks and schedule previously
authorized by the Town Board on October 8, 2002 and in order to provide sufficient time for the
completion of the Comprehensive Implementation Strategy and accompanying Generic Environmental
Impact Statement.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred and Eighty (180) Days following the effective date of this Local
Law after which date this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the One Hundred and Eighty (180) Day
period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a subdivision, whether that subdivision
application was submitted prior to or after the effective date of this law. This law
applies to subdivisions (whether major subdivisions or minor subdivisions) as defined
in Southold Town Code § A-106-13. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of subdivision applications
(including, but not limited to, sketch plans, preliminary and final subdivision plats)
are suspended and stayed while this Local Law is in effect;
2) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a site plan containing DWELLING
UNIT(S), whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-a and Article XXV
of the Southold Town Code, including without limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of site plan applications containing dwelling unit(s) are suspended and stayed
while this Local Law is in effect
3) The Zoning Board of Appeals shall not accept for review, continue review, hold a
hearing on, continue a hearing or make any decision upon any application for a
special use permit which application is also subject to Planning Board approval
pursuant to the Southold Town Code where the Planning Board is prohibited from
reviewing, processing, holding hearings on and making decisions on because of the
provisions of this local law, whether said application was submitted prior to or after
the effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision approval
or special exception use permits and site plans containing dwelling unit(s) within the Town of
Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effective date of this local law;
2) setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-
13;
January 21, 2003
Town Board Meeting
17
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for
purposes of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land
Trust or the Nature Conservancy, prior to the effective date of this local law;
5) new or pending applications for the subdivision of a parcel of property where an executed
contract (dated prior to the effective date of this local law) exists to either sell or gift
interests or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of
permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or
59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the
effective date of this local law) to either sell or gift interests or rights in real property (the
fee or any lesser interest, development rights, easement, covenant, or other contractual right
) to a portion of that parcel(for purposes of permanent preservation) to either the Town of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion
of the property on which the interests or rights to property are being sold or gifted
encompasses at least seventy five percent (75%) of the entire parcel. The following areas
are not to be included in the calculation of the 75% threshold: that portion of the parcel
which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks,
ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or
land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town
Code.;
7) a site plan application for a two-family dwelling;
8) a site plan application for a bed-and-breakfast;
9) a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town
Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon,
hold hearings on, and make decisions concerning subdivision applications (including, but not limited
to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law
suspends and stays the running of time periods for processing, acting upon, holding hearings on,
making decisions and taking action on such subdivision applications (including, but not limited to,
sketch plans, preliminary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the
January 21, 2003
Town Board Meeting
18
authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to
supersede and amend any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in
Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold
hearings on, and act upon applications for site plans within specified time periods, this local law
suspends and stays the running of time periods for processing, review, holding hearings on, making
decisions, and taking action on such applications provided for in those laws and is intended to
supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § § 267-a and 274-b and the provisions of Article XXVI
of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for
special exception use permits within specified time periods, this local law suspends and stays the
running of time periods for processing, reviewing, holding hearings on and making decisions on such
applications provided for in those laws and is intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law, in its legislative discretion, upon its determination, that such variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such
request, the Town Board must find that a variance or waiver will not adversely effect the purpose of
this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning
being undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property and the impact of the variance or waiver on the water supply,
agricultural lands, open and recreational space, rural character, natural resources, and transportation
infrastructure of the Town. The application must comply with all other applicable provisions of the
Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of five hundred ($250.00) dollars for the processing of such application, along with
copies of such plat showing all required improvements in accordance with the procedures of §Al 06-25
, § A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board,
which shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this Local Law. The application and recommendation shall be
transmitted to the Town Board which may conduct a public_hearing and make a final decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative discretion
of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
January 21, 2003
Town Board Meeting
19
#58
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Planning
Board budget~ as follows:
To:
Planning, Personal Services Regular earnings $14,422.00
Planning, Personal Services Overtime earnings 1,922.00
B.8020.1.100.100
B.8020.1.100.200
From:
B.8020.1.200.100
B.8020.2.100.300
B.8020.2.200.300
B.8020.4.500.500
B. 8020.4.600.100
B.8020.4.600.200
B.8020.4.600.300
B.8020.4.600.600
B.8020.4.600.800
B.9010.8.000.000
Planning, Part Time Employees Regular Earnings $ 559.35
Planning, Chairs 164.72
Planning, Map Storage, Filing Equipment 344.82
Planning, Planning Consultants 3,463.00
Planning, Legal Notices 265.79
Planning, Meetings and Seminars 1,765.00
Planning, Travel 1,680.75
Planning, Dues and Subscriptions 90.36
Planning, Research Materials 102.05
NYS Retirement, Employee Benefits 7,908.16
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#59
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants Assistant Town Attorney
Patricia Finnegan the following benefits effective from the commencement of her employment- 15
days vacation & 15 sick days per year credited on her anniversary date; 4 personal days per year
credited on the calendar year and that she is covered by the Town of Southold Employee Benefit Plan
(Health Benefits Coverage) effective immediately.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#6O
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 Horton to obtain an appraisal of the property known as the Whitaker House,
Main Road, Southold, New York (immediately adjacent west of Town Hall).
COUNCILMAN ROMANELLI: Josh, ! had to leave for the work session this morning. We originally
talked about getting covenants on the.., are we still heading that way?
SUPERVISOR HORTON: That is correct, actually, as part of the discussion that the Town Board had
at that point and ! think it was part of it this morning, that we will, we are going to have to get an
appraisal to offer it for sale regardless. And it is probable best to obtain two, one without covenants
and then we are still waiting from the Whitaker House Committee to bring forward what they feel
January 21, 2003 20
Town Board Meeting
would be reasonable covenants attached to the Whitaker House. So we will go for that time, when it
comes.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded Councilman Romanelli, it was
RESOLVED that the Town Board meeting be and hereby is recessed at 8:03 PM for the purpose of
holding one public hearing on the matter of the purchase of the property of James and Anthony
Posillico~ SCTM #1000-53-1-7 and 1000-53-3-15.1.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting reconvened at
#61
Moved by Councilman Moore, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee
title acquisition of the properties ofF. James Posillico and Anthony Posillico (a.k.a. Westbury
Properties) on the 21st day of January 2003, pursuant to the provisions of Chapter 59 (Open Space
Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, said properties are identified as SCTM # 1000-53-1-7 and 53-3-15.1.
SCTM# 1000-53-1-7 is approximately 1.8 acres in area (subject to survey) and is located
approximately 656' northeast of Pipes Neck Road on the north side of the LIRR, in Greenport. SCTM#
1000-53-3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the
end of Pipes Neck Road, in Greenport; and
WHEREAS, the Posillico properties are within the Pipes Cove focus area of Southold Town. The
Town has identified the Pipes Cove focus area as a priority area for preservation, as this area is one of
the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove
area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to
preserve the ecological viability of the estuary. Tax parcel Number 1000-53-3-15.1 contains wetlands
and a beach area. The acquisition will allow for beach access to Pipes Cove; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and
recommends that the Town Board acquire the properties; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the subject property for open space preservation purposes; and
WHEREAS, the purchase price for the two (2) properties (a total of approximately 5.8 acres) is
$76,000 (seventy-six thousand dollars); be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the properties
of F. James Posillico and Anthony Posillico (a.k.a. Westburv Properties) identified as SCTM
#1000-53-1-7 and 53-3-15.1~ which total approximately 5.8 acres~ for the purchase price of
$76~000 (seventy-six thousand dollars)~ pursuant to the provisions of Chapter 59 and/or Chapter
6 of the Code of the Town of Southold. The exact area of the purchase is subject to a survey
January 21, 2003
Town Board Meeting
21
acceptable to the Land Preservation Committee. The Posillico properties are located within the Pipes
Cove focus area of Southold Town. Properties within this area are included in a grant made to the
National Coastal Wetlands Grant Program titled: Peconic Estuary Critical Lands Acquisition: Pipes
Cove Focus Area. Funding for some of the parcels within the focus area may come from the grant.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the reading and the voting on the resolutions on the printed
agenda. At this point, ! will offer the floor to members of the public that would like to address the
Town Board on town related items.
ANNA COSIMANO: Good evening, my name is Anna Cosimano. ! am a resident of Southold and
President of the North Fork Animal Welfare League. ! stopped by today, just to see the agenda. !
don't know what this means, maybe you could help me. On the reports on the front page, 1 and 2
Southold Animal Shelter, November and December 2002. What is that?
JUSTICE EVANS: It listed how many animals had come in, what happened with the different
animals.
COUNCILMAN MOORE: Those are reports that you guys file with the Clerk's Office.
MS. COSIMANO: Oh, okay. Aside from Mr. Moore, are any of you aware that our contract was up
December 31 and the League is paying all expenses for the animals and the employees, we have
received nothing from the Town.
COUNCILMAN MOORE: Anna, if ! could, just so you know. ! called Ms. Mann today, she and !
have been in communication.
MS. COSIMANO: Was that after she faxed you?
COUNCILMAN MOORE: Yes, ! wrote to her last week, she faxed back some comments on the
contract today and in the, on this front page of our agenda, about the third item down is approval of the
audit of bills in January, in that audit of bills included payment for the Welfare League in January at
the agreed upon new dollar figures. So that check is on its way. ! have told Ms. Mann that ! would get
the comments that she made to the Town Attorney and we would get back to her very shortly to get it
wrapped up.
MS. COSIMANO: Alright, now, will it take another three months before...
COUNCILMAN MOORE: ! can't imagine that it would. No, Anna, it won't.
MS. COSIMANO: Well, you know because, we are losing interest every time we have to take money
out to pay the bills.
SUPERVISOR HORTON: The money is in place.
January 21, 2003
Town Board Meeting
22
MS. COSIMANO: Good, if the money is in place, we are very happy. Well, ! hope to hear from you
soon about the contract.
COUNCILMAN MOORE: ! will do my best to get back to you by weeks end.
MS. COSIMANO: Thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on town related
business?
DON WAGNER: Good evening, ! am Don Wagner on Route 48, Southold. ! read with interest last
weeks paper regarding the Town and Police set negotiations for a new contract. And ! do agree with
that letter that you just read, Mr. Supervisor, at the beginning of the meeting that the police are doing a
good job. At least that is my opinion. In noticed in this write up here that while the starting salary was
$30,000. within five years they can make $75,000 as a police patrolman. That is a 150% increase in
five years. That is a beautiful, if ! was 21 years old, ! would be applying for that job right now. !
mention this as a fact because when you consider this in negotiations keep in mind that the cost of
living has only gone up 1.4%, as any senior citizen knows who is drawing Social Security. Also, just
another highlight fact which you may or may not be aware of, police patrolmen in New York City who
are doing a similar job, in fact sometimes more hazardous than out here, they are making on an average
about $25,000 per year less. Less. Then either the Southold Town Police, Suffolk County Police or
the Nassau Police. So ! wanted to mention this to you in this negotiations because as we all know, we
just got our tax bills, everything went up. The Town tax, the County tax, the school tax and we have
got to try and control this as much as possible. So ! urge you to consider all these facts that ! just
mentioned in the negotiation session. Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Wagner. Would anyone else care to address the Town
Board on town related business?
VINCENT LAROCCA: Good evening, my name is Vincent La Rocca and ! am a resident of
Cutchogue. As the community works itself through the final phase of the decision process on Southold
land use and what tools we are going to use to preserve our rural community, ultimately the
responsibility is going to fall on the six of you to vote. Between then, we are going to have a lot of
community debate on this issue for sure. Some of us that have one view, others that have another view
on how best to solve the problem. But ! think the community is very well served if in addition to the
privilege that you have to cast those votes that there is also an obligation that you are sure that you are
careful with the facts as we go through the process. There will be lots of judgments that you all need to
make and opinions that you will have but ! think it is really an obligation to be careful with the facts.
This morning at the work session, Supervisor, there were a few comments made that obviously !
couldn't comment on at the time but ! think are important to note. First, you said "Zoning is not a
preservation tool." And that is obviously not the first time that has been said. ! have here Pace
University School of Law, land use law center Agricultural Preservation. ! would like to read the
Town Board one sentence from that. This is a quote from the document, "Zoning is the method most
commonly used in the United States for preventing the conversion of agricultural land to non-
agricultural uses." We can debate whether we or not we want to upzone again, but the fact of the
matter is, zoning is the most prevalent preservation tool used in this country and in fact, this has been
January 21, 2003
Town Board Meeting
23
said a number of times, there has been no community within 100 miles of a major city that has
successfully achieved its preservation goals of a rural community without the use of zoning that is
more stringent than Southold's current code provides for. The second comment that was made was that
five acre zoning doesn't preserve 80% of the land. Five-acre cluster zoning results in one acre of
housing and four acres permanently preserved for every five acres of land that is slated for
development. In a 20-acre subdivision, that would mean four houses and 16 acres permanently
preserved. Such a plan therefore guarantees by law that a minimum of 80% of the land is preserved.
Which is the goal endorsed by both Supervisor Horton and Councilman Wickham as members of the
2002 Blue Ribbon Commission. So again, whatever we decide as a Board and a community to do with
zoning, the fact of the matter is five acre cluster zoning does by a matter of law preserve 80% of the
land and reduce our communities density by 60%. The last point ! want to touch on is, Supervisor you
noted voters have supported multiple taxpayer funded preservation initiatives over the years and that is
absolutely true. The tax payers have supported many times the purchase of development rights and we
have gone from purchase of development rights from somewhere around $4,000 per acre to now well
over $20,000 per acre. And the reason that is, is the community of tax payers has provided the benefit
to land owners to not only purchase those development rights but wait for the landowner to be ready to
voluntarily choose to sell those development rights to the community. And that escalating valuation
continues to put a cost to the taxpayers and the taxpayers have continued to step up and support that
program, as do I. We have also offered our landowners, through the agricultural district, property tax
relief, at the expense of the other taxpayers in the community to again try to help and provide relief to
our farmers to encourage the profitability of their businesses. We have also voted twice for the
Community Preservation Fund, the 2% transfer tax. The second time we voted for eight years earlier
than we had to, we included thousands of more of our homeowners for whom their house is their
largest asset inside that tax both because as land and homes have continued to appreciate, we didn't
raid the cap and by extending the tax out another 10 years. But the community of taxpayers and the
community of voters has also supported two important upzonings and ! really don't think it is
appropriate to infer that because the taxpayers have been extremely generous and supportive of
preservation of land through taxpayer dollars that it means that they are not looking for a plan that is
fair, balanced and honest with the risks that are before the community. ! think that is an unfair leap to
say that because we continue to support land preservation with our money, therefore we don't think
that the other valuable tool that has been supported in Southold, upzoning, is also not an important tool
that has to be continually evaluated. And ! would like to go to just one quote on that issue of voluntary
preservation. A Professor Daniels, who has a Phd in Agriculture and Resource Economics and also is
Director of Agriculture Preservation Board for Lancaster county in Pennsylvania and that is just
outside of Philadelphia, he oversaw and was the architect of a program that in 1993 won the
outstanding program award from the Small-Town and Rural Planning Division of the American
Planning Association, so this gentleman has impressive credentials when it comes to land preservation
in a rural community near a major metropolitan area and he concludes in a seminar that he was part of
that "simply purchasing development rights does not adequately preserve farmland and protect
agriculture" and it goes on to say "therefore Lancaster County uses a package approach to land
preservation to keep large blocks economically viable for farmland" and it goes on "to include in those
blocks both zoning and the purchase of development rights in conjunction to achieve preservation."
And by the way, zoning much more restrictive again, than Southold has or is contemplating. So,
voluntary programs are wonderful, the taxpayers through evidence of their votes are glad to support
them but please don't infer that doesn't mean that the other tools that are necessary are not also the will
of the people. Supervisor, it is fair enough if you don't see the increasing development around us, that
January 21,2003
Town Board Meeting
is okay and if you don't think that the taxpayers are entitled to a preservation concession after 20 years
of supporting preservation with their money without the assistance of zoning regulation increases, that
is also okay but I do think it is important and I hope that I am not appearing picky, that we be careful-
particularly I put an onus on the Board-because those of us out here are going to be doing a lot of
bantering back and forth but I think we are all going to look to the Board to be very careful with the
facts, with the terra firma of where we stand and ultimately the decision you will have to make. Thank
you very much, have a great evening.
24
SUPERVISOR HORTON: Thank-you, Mr. LaRocca. Would anyone else care to address the Town
Board on town related business? (No response.) Thank-you all for coming.
Moved by Supervisor Horton, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:24 PM.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
* * * * * *
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Elizabeth A. Neville
Southold Town Clerk