HomeMy WebLinkAboutTB-08/12/2003SOUTHOLD TOWN BOARD
AUGUST 12, 2003
Present:
Supervisor Joshua Y. Horton, 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.
Absent: Justice Louisa P. Evans
IV. FOR DISCUSSION - IV. 2. Road dedication of August Acres. The Town Board discussed
this matter and asked the Town Attorney for advice on it. Councilman Romanelli also brought up the
matter of the request for dedication of the roads in "Greenfields" subdivision. Letters of
recommendation and status of the subject roads will be requested from the Superintendent of
Highways Peter Harris on both of these matters. IV. 3. Cherepowicz PDR This is one of the
parcels broken up under the County Development Rights Program. Now, he is back with this four (4)
acre parcel that he wants to break up into four (4) lots. The question is whether or not this property is
excluded or does it have to go through the waiver process. The Town Board, upon advice of the Town
Attorney, decided that since this parcel is a part of a previously subdivided parcel, the waiver
application is necessary in order to further subdivide it. The Planning Board will be asked to send a
new recommendation for this. Resolution number 510 was placed on the agenda setting a date for
a public hearing on this matter.
Councilman Moore advised the Town Board that he received the report from Bradley Architects on the
Dog Pound yesterday afternoon. It is in the Town Engineer's hands, Jamie Richter. Councilman
Wickham asked that the Town Board receive copies of the report. Councilman Moore stated that there
will be a full presentation on this at the next Town Board meeting on August 26th.
IV. 1. Geographical boundaries of halo zones. Town Planner Valerie Scopaz was present for this
discussion. Councilman Romanelli is of the opinion that the Town Board has to start discussing it and
asking questions and putting their ideas on the table. The moratorium team worked on putting red
lines on each hamlet area on an aerial map. Hamlet areas were considered to be within ten (10)
minutes walking distance. The creation of the actual geographical boundaries of these halo zones
around the hamlet areas will require public meetings for public input. But, before that can happen the
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August 12, 2003
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Town Board must make some decisions to have something to present to the public to create a starting
point for discussion. Ms. $copaz said that if we are saying that we want to preserve 80% of the 8,000
acres that means that you are going to allow 20% of it to be developed and that you need to know how
much of it you are going to transfer. Supervisor Horton advised that he had a meeting with Vito
Minei regarding Suffolk County Health Department policy on Transfer of Development Rights
(TDR's). He would like to invite him to the next Town Board work session. The thought that TDR's
cannot be transferred off agricultural land is not correct. The supervisor indicated that he had a very
fruitful conversation with Mr. Minei. Councilman Wickham said that he thought that Councilman
Romanelli did the Board a favor by putting this on the agenda. These are illustrious
boundaries that show us what could be. He questioned what the process will be by which the Town
really addresses these boundaries. He stated that he was not comfortable with the consultants doing it,
but he is open to a process with specific steps and community input. The Town Attorney advised that
the process will be determined by the Town Board. Ms. $copaz affirmed that the Town Board must get
some guidelines as to what they want to establish with a hamlet center. She alluded to the 1996
business zoning and the possible need for more business zoning and suggested the possible change of
18 acres of business property to 30 acres in Laurel. Ms. $copaz stated that these are things that the
Town Board must think about. Supervisor Horton
recounted that perhaps what he was hearing was that this hamlet might need more business zoning.
Changing 18 acres to 30 acres of business property was not discussed in the DGEI$. He thinks these
discussions now are leading to newly revised zoning. The Town Board discussed the formulation of
the acreage to be included in the halo zones. Town Attorney Yakaboski said there is 2,200 acres left
for development after the 80%. However, they could not come to a consensus of the actual definition
of the halo zones with regard to how much business, industry, etc. are needed. Councilman Romanelli
questioned if the Board was comfortable with the hamlet zones and halo areas around them as depicted
because he said unless the Board changes them, this is what will be used for the public input hamlet
meetings. He suggested that the Town Board give some input and change what they think necessary
and then go forward with the hamlet meetings. Supervisor Horton questioned how the lines were
defined? Ms. $copaz replied that Pat Cleary and Mark Terry went out and walked the properties and
used a set of standards to develop guidelines and lay out the lines very clearly. Councilman Wickham
said that it appears that a lot more work went into it then illustrating and drawing lines? Ms. $copaz
said that they did it according to what was done in other communities. Supervisor Horton questioned
the process of finalizing the DGEI$ into the FEI$ as to whether or not these boundaries are re-set by
the Town Board will hold up finalizing the DGEI$ into the FEI$. Ms. $copaz suggested that they
talk to Pat Cleary tomorrow to set a date and time for a meeting to discuss there matters. Further
discussion ensued, but no firm decisions were made
10:55 AM The Town Board reviewed the resolutions on the agenda. Supervisor Horton instructed
that resolution number 481 from the last meeting concerning the Chris Mohr waiver application be
placed back on the agenda.
On motion by Councilman Thomas Wickham, seconded by Councilman William Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby enter into executive session at
11:00 AM for purpose of discussing contracts, personnel, and attorney-client privilege.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
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August 12, 2003
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On motion by Councilman Thomas Wickham, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session
at 12:03 PM.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was declared duly ADOPTED.
Resolution number 509 to adopt the "Administrative Employee Handbook" was placed on the
agenda as a result of the foregoing executive session.
This work session ended at 12:15 PM
SOUTHOLD TOWN BOARD
GENERAL MEETING
August 12, 2003
7:30 P.M.
A General Meeting of the Southold Town Board was held Tuesday, August 12, 2003 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of
Allegiance at 7:30 P.M.
Present:
Absent:
Supervisor Joshua Y. Horton
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
SUPERVISOR HORTON: Welcome to the public Town Board meeting. Please rise and join in the
Pledge of Allegiance. It is the policy of the Town Board to offer the floor to the public at two points
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August 12, 2003
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over the course of the meeting, the first is prior to the reading and voting on the resolutions, we offer
the floor to the public to address the resolutions on the printed agenda. And then after the voting on
the resolutions, we offer the floor to the public to address the Board on Town business, town related
issues. As well, we do have a number of public hearings scheduled for this evening, at which point on
those specific public hearings, there will be opportunity for the public to comment. I ask that when
you do address the Board, you do so from either of the two microphones located at the front of the
room, that you state your name and place of residence clearly into the microphone so we can keep that
for our public record. We do have a number of reports, public notice and communications available at
the Town Clerk's Office for your review. The Town Clerk's office is open Monday through Friday,
between 8:00 A.M. and 4:00 P.M., so if you would care to view any of those, the Town Clerk's office
is the place.
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $188,743.44; General Fund Part Town bills in the amount of $4,101.62;
Highway Fund Whole Town bills in the amount of $1,358.50; Highway Fund Part Town bills in the
amount of $17,475.74; Capital Projects Account bills in the amount of $22,240.09; AG Land
Development Rights bills in the amount $130.19; Landfill Cap & Closure bills in the amount of
$13,764.56; Community Preservation Fund (2% tax) bills in the amount of $7,385.83; New London
Terminal Project bills in the amount of $29, 186.83; Employee Health Benefit Plan bills in the amount
of $8,748.00; Fishers Island Ferry District bills in the amount of $40, 726.22; Refuse & Garbage
District bills in the amount of $17,193.97; Southold Wastewater District bills in the amount of
$1,940.00; Fishers Island Sewer District bills in the amount of $375.00; Southold Agency & Trust bills
in the amount of $18,482.85; Fishers Island Ferry District Agency & Trust bills in the amount of
$399.35 and General Fund Whole Town bills in the amount of $35,000.
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 Councilman Richter, it was
RESOLVED that the Fishers Island Town Board meeting be held Wednesday, August 13, 2003 on
Fishers Island, New York at 1:30 P.M.
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 Councilman Wickham, it was
RESOLVED that the next Regular Town Board meeting be held Tuesday, August 26, 2003 at $outhold
Town Hall, Southold, New York at 4:30 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Town Clerk Monthly Report - July 2003
2. North Fork Animal Welfare League Financial Report - 2nd Quarter 2002
Southold Town Board
August 12, 2003
3. Leave Time Summary Report - June 2003
4. Southold Animal Shelter - July 2003
II. PUBLIC NOTICES
1. Department of the Army, NY District, Corps of Engineers Notice of maintenance dredging of
Mattituck Harbor Federal Navigation Project, Mattituck, Town of Southold. Written comments
by August 29, 2003.
2. New York State Department of Environmental Conservation Notice of Complete Application
of Allen Kraus to construct a single family dwelling approximately 76' from Freshwater
Wetland SO-29 at Second Avenue, Peconic, Town of Southold. Written comments by August
22, 2003.
III. COMMUNICATIONS
1. Letter to Town Clerk Elizabeth Neville from Janet Stewart, Mattituck Chamber of Commerce,
re thank you for assistance with the Street Fair.
SUPERVISOR HORTON: It was brought to my attention that #508, for the Town Board's
information and information for the public, we will not be voting on this resolution and this resolution
will not appear on the agenda again prior to the end of that moratorium. That resolution failed two
weeks ago and it will remain off of the agenda. With that being said, we offer the floor to the public
on any of the printed resolutions on the agenda. Mrs. Egan.
JOAN EGAN: Good evening, everyone, Mr. Horton, Mr. Moore, Mr. Romanelli, Mr. Richter, Mr.
Wickham and Mr. Yakaboski. A couple of things, #483, the resignation of Scott Hughes; will he be
replaced? Is this a voluntary thing or a paid thing?
SUPERVISOR HORTON: This is a paid position, from which he is resigning and at some point he
will be replaced.
MS. EGAN: How?
SUPERVISOR HORTON: Through a hiring process.
MS. EGAN: How?
SUPERVISOR HORTON: I am trying to think of the best way to answer you, Mrs. Egan. What we
will do is the Department Head has made it very clear and has had discussions with the Board as to
what exactly that position description is and what the needs are for that office, we will then go through
a .....
MS. EGAN: Good. #487. These are CPA's and where are they located?
SUPERVISOR HORTON: These are in Hauppauge.
MS. EGAN: Hauppauge? Again, we are going out of Southold. Great, wonderful. Now, this #489, is
that a school program or is it a 12 month program? Food. Adult care Food Program.
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August 12, 2003
COUNCILMAN ROMANELLI: It is a grant application, for Karen, Adult Daycare.
SUPERVISOR HORTON: This actually pertains to a year-round program that is run out of the
Human Resource Center.
MS. EGAN: Bringing food to people. #490, petty cash fund, I thought that we did that? That has to be
replenished from time to time.
SUPERVISOR HORTON: That is being established.
MS. EGAN: How much?
SUPERVISOR HORTON: $50.00
MS. EGAN: And that has to be replaced as needed.
SUPERVISOR HORTON: Yes.
MS. EGAN: Of course. Now, #494, I hope that there is a good reason why Meghan Mills, who got a
nice job and I was glad to see, you know, she is in my community and I think that when they make the
commitment for the summer, they should stay with it. I hope that there is a very valid reason why she
is not continuing with the job and who will replace her?
SUPERVISOR HORTON: I believe that she will be going back to school.
MS. EGAN: Well, I would assume that but from what I read here, she will be leaving imminently and
this is only August.
SUPERVISOR HORTON: She is leaving August 22, is what her letter indicates.
MS. EGAN: So then it won't be necessary to re-fill that or they will manage? Huh?
SUPERVISOR HORTON: I think that that will be assessed at that time.
MS. EGAN: Okay, now, #502, she shouldn't have taken the job unless she could have stayed until
after Labor Day. Now, Mary (2. Wilson of course is the lawyer, is she a local lawyer? Does she work
for the Town?
SUPERVISOR HORTON: She has worked for the Town in the past.
MS. EGAN: And where does she come from?
SUPERVISOR HORTON: She resides, I believe in Quogue.
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August 12, 2003
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MS. EGAN: Again, we are going with lawyers out of Southold. I mean, does anybody think about the
lawyers, the young people lawyers here that could probably do this job, who work in our Town, one of
our Town. This goes on and on and on that we go out of our area, you talk about you can't get jobs
here and here would be a job for a young person in one of our Towns. Now, #506, ! will not try to
insult or pronounce that name, Surozenski, now this is a student from ! hope, one of our schools?
SUPERVISOR HORTON: Yes, that is correct.
MS. EGAN: What school?
SUPERVISOR HORTON: ! believe she is from Southold School.
MS. EGAN: ! do notice most of the time, that when these student appointments are made, ! would say
that 80 to 85% of them are from Southold and ! don't think that is fair. ! will talk more. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Town
Board on the resolutions? (No response) We will commence with our resolutions.
#483
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Scott
Hughes from his position as Senior Environmental Planner~ effective August 13~ 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#484
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of
$100.00 to Mr & Mrs George Bischoff~ as they have withdrawn their application for a variance
before the Zoning Board of Appeals
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#485
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a overpayment refund of
$50.00 to Mr Theodore Martz~ Jr. as he has overpaid the application fee for a variance before the
Zoning Board of Appeals
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#486
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
Southold Town Board
August 12, 2003
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cooley's
Anemia Foundation to use the following Town Roads~ on Saturday~ September 20~ 2003~
beginning at 8:45 am and 1:30 pm for their annual Bike-a-thom
Sound Avenue, Mattituck
Sixth Street, Greenport
Front Street, Greenport
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#487
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Hortou to
execute an agreement with Albrecht~ Viggiano~ Zureck & Company~ P.C. for professional
services related to the 2003 year end audit.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#488
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute all necessary documents in connection with the Town of
Southold Grant Agreement with the US Department of Transportatiom Federal Aviation
Administration for the purpose of airport improvement at Fishers Island Elizabeth Field - Purchase of
Snow Removal Equipment.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#489
Moved by Councilman Romanelli, Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute all necessary documents in connection with the Town of
Southold grant application to the New York State Department of Health for the New York State
Child and Adult Care Food Program for 2003-2004.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#49O
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that pursuant to Section 64(1-a) of the Town Law, a petty cash fund is hereby
established in the amount of $50.00 for the Adult Day Care Program in the Southold Town
Human Resource Center.
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August 12, 2003
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Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#491
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Buckeye
Sweeping Inc. in the amount of $56~800.00 for the purchase of one (1) refurbished 1996 Mobil
M-9D High Dump Streetsweeper for use by the Southold Town Highway Department. Funding to be
from Highway Department account H5130.2.300.300.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#492
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for bids for the purchase of one (1) 2003 Ten wheel Dump Truck for use by the
Southold Town Highway Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#493
Moved by Councilman Romanelli, 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:
FROM:
Revenues:
A.2705.50
TO:
Appropriations:
A.6772.4.100.110
Gifts and Donations
$1594.00
Programs for the Aging $1594.00
Contractual Expenses
Program Supplies/Materials
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#494
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Meghan Mills from her position as a part-time Food Service Worker with the Southold Town
Human Resource Center, effective August 22, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
Southold Town Board
August 12, 2003
This resolution was duly ADOPTED.
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#495
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of $outhold wishes to purchase approximately 36.3 acres
of the parcel identified as SCTM# 1000-79-4-17.17, at the purchase price of $38,000 (thirty-eight
thousand dollars) per acre, pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of
Southold; and
WHEREAS, the proposed uses of the property may include the establishment of a nature preserve,
passive recreational area with trails and limited parking for access purposes; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation
Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the
provisions of Chapter 6; be it therefore
RESOLVED by the Town Board of the Town of $outhold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of $outhold that the Town of $outhold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of $outhold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of $outhold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Supervisor Horton. Abstain: Councilman Moore.
This resolution was duly ADOPTED.
#496
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of $outhold wishes to purchase the properties owned by
John Q. Adams, Trustee of the John Q. Adams Revocable Trust Agreement, totaling approximately
27.9 acres (subject to survey), identified as SCTM #1000-56-1-8.1 and SCTM#1000-56-1-10, at the
purchase price of $347,000 (three hundred forty-seven thousand dollars), for open space, wetland
protection and recreational (trail) purposes, pursuant to the provisions of Chapters 6 and 59 of the
Code of the Town of Southold; and
WHEREAS, the proposed use of the property shall be in conjunction with the existing adjacent 26
acre Town owned Arshamomaque Preserve, and may include the extension of the nature preserve and
passive recreational trails; be it therefore
RESOLVED by the Town Board of the Town of $outhold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of $outhold that the Town of $outhold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of $outhold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of $outhold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
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August 12, 2003
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Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#497
Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights of a
certain parcel of property of agricultural lands owned by Robert and Eleanor Webber, pursuant to the
provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is
identified as SCTM #1000-19-1-11.3 and is located on the south side of Main Road, approximately
3000 feet east of the intersection of Main Road and Narrow River Road, in Orient. The development
rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the
development rights easement is to be determined by a town provided survey, acceptable to the Land
Preservation Committee. The purchase price is $24,500 (twenty-four thousand five hundred dollars)
per acre; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#498
Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold wishes to accept the offer of the gift of
property owned by Ronald Winkler and Elliot Stone, comprising approximately 0.57 of an acre,
located on the east side of Main Bayview Road, approximately 300 feet north of Baywater Avenue in
Southold, New York, identified as SCTM#1000-78-2-11, pursuant to the provisions of Chapter 59 of
the Code of the Town of Southold. The exact area of the property to be gifted is subject to a survey.
The total price will be costs associated with transfer of title of land to be gifted; and
WHEREAS, the proposed use of the property may include the establishment of a park, nature preserve
or passive recreational area; now therefore be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
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August 12, 2003
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RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#499
Moved by Councilman Wickham, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold wishes to accept the offer of the gift of a
development rights easement on one acre of property from Anne A. Hubbard, located on the northeast
corner of the intersection of County Road 48 and Hortons Lane, identified as SCTM# 1000-63-1-16,
pursuant to the provisions of Chapter 59 of the Code of the Town of Southold. The exact area of the
development rights easement is subject to a survey. The total price will be costs associated with
transfer of title of land to be gifted; now therefore be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#500
Moved by Councilman Richter, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold wishes to accept the offer of the gift of a
development rights easement on 3.17 acres of property from Anne A. Hubbard, located on the south
side of County Road 48, approximately 200 feet west of Youngs Avenue, identified as SCTM#1000-
55-5-2.4, pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the Town of Southold.
The exact area of the development rights easement is subject to a survey. The total price will be costs
associated with transfer of title of land to be gifted; now therefore be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Southold Town Board
August 12, 2003
13
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#501
Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold wishes to accept the offer of the gift of a
development rights easement on 7.25 acres of property from Anne A. Hubbard, located north of the
intersection of County Road 48 and Boisseau Avenue in Southold, identified as SCTM#1000-55-2-
24.2, pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the Town of Southold. The
exact area of the development rights easement is subject to a survey. The total price will be costs
associated with transfer of title of land to be; now therefore be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#5O2
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby retains Mary C. Wilsom
Esquire~ as hearing officer in the disciplinary charges brought against a town employee pursuant
to Resolution No. 444, adopted on July 15, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#5O3
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To-'
Southold Town Board
August 12, 2003
A. 1420.4.500.200
A. 1910.4.300.700
From:
A. 1990.4.100.100
A.9015.8.000.000
Town Attorney, C.E.
Legal Settlement
Insurance, C.E.
Deductibles & Coinsurance
14
$10,000
20,000
Contingent, C.E.
Unallocated Contingencies $18,000
Police & Fire Retirement
Employee Benefits $12,000
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#5O4
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold, as lead agency, has determined that the
proposed development of Strawberry Fields fairgrounds (SCTM# 1000-113-12-15), as per the
agreement between the Town of Southold and the County of Suffolk dated April 29, 2002, is a Type 1
action pursuant to SEQRA as the project involves physical alteration often (10) acres, be it further
RESOLVED that the Town Board of the Town of Southold has determined that the proposed
proiect will not have a significant effect on the environment and hereby issues a Negative
Declaration pursuant to SEQRA rules and regulations.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#505
Moved by Councilman Moore, seconded by Councilman Richter,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 12, 2003, AUTHORIZING THE
CONSTRUCTION OF VARIOUS RECREATIONAL
IMPROVEMENTS AT THE STRAWBERRY FIELDS
FAIRGROUNDS, PURSUANT TO THE AGREEMENT BETWEEN
THE TOWN AND THE COUNTY OF SUFFOLK DATED APRIL 29,
2002; STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$200,000; APPROPRIATING SAID AMOUNT THEREFOR; AND
AUTHORIZING THE ISSUANCE OF $200,000 BONDS OF SAID
TOWN TO FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the
"Town"), is hereby authorized to construct various recreational improvements at the Strawberry Fields
Fairgrounds, pursuant to the Agreement between the Town and the County of Suffolk dated April 29,
2002. The estimated maximum cost of said object or purpose, including preliminary costs and costs
incidental thereto and the financing thereof, is $200,000 and the said amount is hereby appropriated
Southold Town Board 15
August 12, 2003
therefor. The plan of financing includes the issuance of $200,000 serial bonds of the Town to finance
said appropriation and the levy and collection of taxes on all the taxable real property in the Town to
pay the principal of said bonds and the interest thereon as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of not to exceed $200,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance
said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the object or purpose for which
said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 19 (c) of the
Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5)
years from the date of original issuance of said bonds or notes.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after
the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury Regulation
Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the
provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the
Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore
determined that the project described herein is a Type ! action pursuant to SEQRA. The Town Board
has reviewed a Short Environmental Assessment Form and has determined that the project will not
result in any significant adverse environmental impact and a negative declaration has been adopted.
(d) The proposed maturity of the bonds authorized by this resolution will
not exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds shall contain the recital of validity as
prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation
of said bonds shall be general obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within the Town without limitation
of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the budget of
the Town by appropriation for (a) the amortization and redemption of the bonds and any
notes in anticipation thereof to mature in such year and (b) the payment of interest to be due
and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially
level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of
bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and
duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms,
form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond
Southold Town Board
August 12, 2003
16
anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation
notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of any notes issued in
anticipation of the sale of said bonds may be contested only if:
a) such obligations are authorized for an object or purpose for which the Town is
not authorized to expend money, or
b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution shall take effect immediately, and the Town Clerk is
hereby authorized and directed to publish a summary of this bond resolution, together with a Notice
attached in substantially the form prescribed by Section 81.00 of the Law in "The Long Island
Traveler-Watchman," a newspaper published in Southold, New York, having a general circulation in
the Town and hereby designated the official newspaper of said Town for such publication.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#5O6
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Krvstyna Surozenski to
the position of student intern in the Town Clerk's office, effective immediately at a rate of
$ 9.54/hour.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#507
Moved by Councilman Wickham, seconded by Councilman Richter, 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. 5650.4.100.905
From:
A.9901.9.000.100
Off Street Parking, C.E.
Asphalt $10,000
Interfund Transfers
Transfer to Capital Fund $10,000
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Bo~d
August l2,2003
#508
OUT
17
#5O9
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the "Administrative
Employee Handbook" in order to provide uniform rules and benefits for the Administrative
employees of the Town of Southold.
SUPERVISOR HORTON: I would like to say that this is something that John Romanelli, in one of his
standing Committees as Town Board liaison to Personnel, took on some months back and worked hard
with Pat Finnegan and our Comptroller, John Cushman and the fruits of that labor has come to pass
here. It has been much needed. So, thank you for that, good work.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#510
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED, that the Town Board of the Town of Southold hereby sets 5:00 p.m, August 26~ 2003
at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorium on the Processing~ Review of~ and making Decisions on the applications for Maior
and Minor Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit{sT in
the Town of Southold" for the minor subdivision of Joseph A. Cherepowich for the parcel
identified as SCTM# 1000-38-1-1.3 & 1.4 located on the south side of the Main Road in East Marion.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#511
Moved by Councilman Wickham, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Knights
of Columbus~ Marion Council No. 3852~ Cutchogue~ New York~ to march using the Main Road
from the Sacred Heart Church east to Depot Lane~ then north on Deport Lane to the Sacred
Heart Cemeterv~ on Saturda¥~ October 18~ 2003 beginning at approximately 11:00 A.M., provided
they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold
as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: We have five minutes before our first public hearing. That concludes the
resolutions that we are able to vote on up to this point. If the public would care to address the Town
Board on town related business, you may feel free to do so. We will have about five minutes before
the first public hearing starts. Mrs. Egan.
Southold Town Board
August 12, 2003
18
MS. EGAN: Number one, I did speak with Mr. Harris. It is very difficult to get in touch with Mr.
Harris, he is a very, very busy man. And he said that you have been cooperating with him and he is
going to address some issues that I brought up to him about Peconic Landing, where we have had so
many accidents. And I will, myself, write the letter to the DOT in regard to getting a sign that says
'Police' both on the Main Road and the North Road. But I thought that you would like to hear that,
isn't that nice.
COUNCILMAN ROMANELLI: Thank you.
MS. EGAN: Thank you. I am not finished. Were you able to find out, I believe that I asked at any of
you at the last town meeting, if you form a club-really talking about Southold-who determines whether
the club can meet in the school? Is there, does each school have its own charter or how would that be?
SUPERVISOR HORTON: No, that would be a something that if one wanted to utilize the school, they
would have to contact the school. That would be a decision either by the Superintendent or by the
School Board, ! believe. They would have a policy.
MS. EGAN: Okay, now, I also feel very strongly for whatever reason we don't seem to be working
together. There are only 141 days left for this year. You have been in office for two years at the
conclusion of those 141 days. You made some promises, you haven't lived up to them. But in the
interest of the betterment of Southold, all of Southold, all our Towns, maybe we should all eat a little
humble pie and try to help each other rather than fight each other. We don't seem to have much unity
on the Town Board and that is truly a shame. ! think that part of the reason, which ! have addressed
before, is that you are only into this year's business of 2003 when you started campaigning for 2004.
And that is wrong. It is sad but it is wrong. So let's all really start to think what is happening to our
Town, what is happening to our children. Our children are given the back of the hand. The
newspapers hopefully, without mentioning names, will be more focusing not on the moving violations
and this and that but on the domestic violence that is happening here at a greater rate than any of you
can possibly imagine. Mr. Richter.
COUNCILMAN RICHTER: Yes, ma'am.
MS. EGAN: ! have the copies, the May copy of the police report from the Town Hall Justices. ! don't
really think that you looked at it. ! know that you are a businessman and have a lot to do but maybe
you have some children who would like to look at it and see, this is only May and with this hot weather
that we have had and everybody's tempers getting just a little bit uptight, it is a lot worse here on a
Friday. The Justices, most of the time, don't get out of here until 2:00 or 3:00 and it is a great deal to
do with domestic violence, which a lot of people in Town, the big town of Southold don't want to
admit it is happening. It happens for any number of reasons, drinking, drugging ..... so let's get
together and do something for the children. The projection of the children and all of Southold. Can we
all agree on that? Thank you.
SUPERVISOR HORTON: Your points are well made, Mrs. Egan. Thank you. It is 8:00 and we can
commence with our public hearings.
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
Southold Town Board
August 12, 2003
19
RESOLVED that the Town Board meeting be recessed in order to hold eight (8) public hearings on the
matters of (1) Hearing on the application requesting a waiver from the provisions of the Local
Law entitled "Temporary Moratorium on the Processing Review of~ and making Decisions on
the applications for Maior and Minor Subdivisions~ and Special Use Permits and Site Plans
containing dwellin~ unit(s) in the Town of Southold" for the minor subdivision of Oregon
Landing. (2.) Hearing on the purchase of a portion of the property owned by Zoumas
Contracting Corp, SCTM #1000-79-4-17.17. (3.) Hearing on the purchase of the properties
owned by John Q. Adams~ SCTM #1000-56-1-8.1 and SCTM #1000-56-1-10. (4.) Hearing on the
purchase of development rights on agricultural lands of Robert and Eleanor Webber~ SCTM #
1000-19--1-11.3. (5.) Hearing on the question of acquisition by gift of Ronald Winkler and Elliot
Stone~ SCTM # 1000-78-2-11. (6.) Hearing on the question of the gift of a development rights
easement on property of Hubbard~ SCTM # 1000-63-1-16. (7.) Hearin~ on the question of the gift
of a development rights easement on property of Hubbard~ SCTM #1000-55-5-2.4. (8.) Hearin~
on the question of the gift of a development rights easement on property of Hubbard~ SCTM #
1000-55-2-24.2.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting reconvened at
SUPERVISOR HORTON: That concludes our public hearings. #512 was the subject of quite a bit of
discussion this evening and ! would just like to poll the Board on their sense, Councilman Wickham
has indicated that he would like to hold this resolution. ! would like to get the sense of the Board on
holding it.
COUNCILMAN ROMANELLI: I believe that I am ready to vote on it myself.
COUNCILMAN RICHTER: So am I.
SUPERVISOR HORTON: ! think that one thing that ! would like to see that Councilman Moore
mentioned is a letter of water, to have that question answered by the applicant. If we have that on file
at Town Hall or if the applicant can get that to us. Can provide that letter of water, prior to voting.
And the reason that ! say that is because it is in conflict with what the Planning Board mentioned in the
criteria, which is that it wasn't provided and we are being told that it was. So ! would like to get that
communication squared away. Have that letter in our current files before voting on it.
COUNCILMAN MOORE: Before voting on that or making the vote subject to that?
COUNCILMAN RICHTER: Subject to that.
SUPERVISOR HORTON: Is that your recommendation, to make it subject to that?
COUNCILMAN MOORE: That that would be a condition of the approval.
SUPERVISOR HORTON: I am comfortable with that. I think that...
Southold Town Board
August 12, 2003
20
COUNCILMAN WICKHAM: I am willing to do that, too. But I would like to go back to the Planning
Board's recommendation to us, that our approval of this, if we do vote to approve it, that it be subject
to further review by the Planning Board or any other agency which would assign an ultimate number
of lots. That is to say, ! would not want our decision tonight to confirm that there would definitely be
four or five or three lots. ! am willing to do a waiver that would allow the process to go forward. ! am
not willing to do a waiver that would confirm inexorably that there would be four lots. In other words,
! would like to do a...! would approve it subject to that condition. Without that, ! would vote against
it.
SUPERVISOR HORTON: How does the Board feel about that, Councilman Wickham' s points?
COUNCILMAN RICHTER: No, because I think that we already heard that there would be no interest
on their part. I do believe that 73% or 75% depending on which way, where he is in a very small
minority of land that he needs to do away with this whole venue. No, I think that it is a good project, it
is a worthy project and there is public benefit out of this.
SUPERVISOR HORTON: ! think something that has been raised by Councilman Wickham is a
question that ! bear as well, that if we grant a waiver to move ahead through the process, we are not the
Planning Board, we are not saying whether they actually have three lots approved, four lots approved,
or five lots approved. We are not approving the death of this project, we are approving the ability to
continue on through the Planning Department's process. And ! could support moving ahead with that,
subject to the letter of the Water Authority.
COUNCILMAN ROMANELLI: So we are holding 5127
MS. NORDEN: Could we have a definition of that, though, from the Town Attorney?
COUNCILMAN MOORE: There is a legal debate going on right now .....
MS. NORDEN: Yes, I know.
COUNCILMAN MOORE: Our proposal is to hold the resolution right now.
MS. NORDEN: Excuse me, but ! think that before we move forward on the waiver, ! would like to
request, since this is part of a public comment procedure; that we do have an opinion from the Town
Attorney that in fact, such a waiver approval does not in itself constitute the approval of four lots. It
would seem to me that actual in fact that it does.
COUNCILMAN MOORE: We haven't got a legal opinion on that. We are not going to take action on
this resolution tonight.
MS. NORDEN: Okay, because it was just implied that you were going to take action. Thanks.
SUPERVISOR HORTON: That is what we are settling now. So we hold #512 and two specific
questions that we want answers or two items that we wanted to see were 1) a legal opinion on if this
Southold Town Board
August 12, 2003
21
were to proceed under the waiver provision whether or not it would be a bound plan by this Board to
the Planning Board which I don't think that we have the authority to do and as well, a letter from the
Water Authority of water availability that the applicant says has been sent to the Planning Board. So
we will hold #512.
#512
HELD
#513
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee
title acquisition of a portion of the property owned by Zoumas Contracting Corp. on the 12th day of
August 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59
(Open Space Preservation) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-79-4-17.17 and is located on the
northerly side of North Bayview Road in Southold; and
WHEREAS, the proposed acquisition is for approximately 36.3 acres (subject to survey) of the
approximately 47.4 acre parcel; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property
that should be preserved for open space purposes; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the subject property for open space and recreational (trail) purposes; and
WHEREAS, the proposed uses of the property may include the establishment of a nature preserve,
passive recreational area with trails and limited parking for access purposes; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation
Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the
provisions of Chapter 6; and
WHEREAS, the purchase price is $38,000 (thirty-eight thousand dollars) per acre and the exact area
of the purchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase approximately
32.3 acres of the parcel identified as SCTM# 1000-79-4-17.17 at the purchase price of $38,000
(thirty-eight thousand dollars) per acre, pursuant to the provisions of Chapters 6 and 59 of the
Code of the Town of Southold.
SUPERVISOR HORTON: ! think that this is a real preservation achievement and ! am proud of the
Land Preservation Department and the Land Preservation Coordinator, Melissa Spiro, for shepherding
this project and really working above and beyond her missions call. So this is a real win for Southold.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Supervisor Horton. Abstain: Councilman Moore.
This resolution was duly ADOPTED.
#514
Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee
title acquisition of the properties owned by John Q. Adams, Trustee of the John Q. Adams Revocable
Trust Agreement on the 12th day of August 2003, pursuant to the provisions of Chapter 6 (Community
Southold Town Board
August 12, 2003
22
Preservation Fund) and Chapter 59 (Open Space Preservation) 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 #1000-56-1-81 and SCTM#1000-56-1-10. The
properties are located on the north side of the LIRR property and are adjacent to the r-o-w known as
Mill Path in Southold. SCTM# 1000-56-1-8.1 is approximately 24.5 acres and SCTM# 1000-56-1-10
is approximately 3.4 acres. The proposed acquisition is for a total of approximately 27.9 acres (subject
to survey); and
WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as property
that should be preserved for open space and wetland protection purposes; and
WHEREAS, the purpose of the purchase is for open space, wetland protection and recreational (trail)
purposes. The proposed use of the property shall be in conjunction with the existing adjacent 26 acre
Town owned Arshamomaque Preserve, and may include the extension of the nature preserve and
passive recreational trails; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the subject property for open space, wetland protection and recreational (trail) purposes; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation
Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the
provisions of Chapter 6; and
WHEREAS, the purchase price is $347,000 (three hundred forty-seven thousand dollars) for both
parcels and the exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the properties
owned by John Q. Adams~ Trustee of the John Q. Adams Revocable Trust A~reement~ totalin~
approximately 27.9 acres (subiect to survey)~ identified as SCTM #1000-56-1-8.1 and
SCTM#1000-56-1-10~ at the purchase price of $347~000 (three hundred forty-seven thousand
dollars)~ for open space~ wetland protection and recreational (trail) purposes~ pursuant to the
provisions of Chapters 6 and 59 of the Code of the Town of Southold.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#515
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the
purchase of development rights on the property owned by Robert and Eleanor Webber on the 12th day
of August 2003, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and
Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were
given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-19-1-11.3 and is located on the south side of
Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in
Orient; and
WHEREAS, the development rights easement comprises approximately 8.9 acres of the 9.9 acre farm.
The exact area of the development rights easement is to be determined by a town provided survey,
acceptable to the Land Preservation Committee, prior to the contract closing; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value, and
Southold Town Board
August 12, 2003
23
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the property is adjacent to, and in the vicinity of, other farmland on which the
development rights have been acquired; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the development rights on these agricultural lands; and
WHEREAS, the purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre and
the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; be
it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the
development rights of a certain parcel of property of agricultural lands owned by Robert and
Eleanor Webber~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the
Town of Southold. Said property is identified as SCTM #1000-19-1-11.3 and is located on the
south side of Main Road~ approximately 3000 feet east of the intersection of Main Road and
Narrow River Road~ in Orient. The development rights easement comprises approximately 8.9
acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined
by a town provided surve¥~ acceptable to the Land Preservation Committee. The purchase price
is $24~500 (twenty-four thousand five hundred dollars) per acre.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#516
Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
fee title acquisition by gift of the property owned by Ronald Winkler and Elliot Stone on the 12th day
of August 2003, pursuant to the provisions of Chapter 59 (Open Space Preservation) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM#1000-78-2-11, and is located on the east side of
Main Bayview Road, approximately 300 feet north of Baywater Avenue, in Southold; and
WHEREAS, the proposed acquisition by gift is for the entire parcel which is approximately 0.57 of an
acre (subject to survey); and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer
of the gift for open space and wetland preservation purposes, which may include the establishment of a
park, nature preserve or passive recreational area; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the
gift of property owned by Ronald Winkler and Elliot Stone~ comprising approximately 0.57 of an
acre~ located on the east side of Main Bayview Road~ approximately 300 feet north of Baywater
Avenue in Southold~ New York~ identified as SCTM#1000-78-2-11~ pursuant to the provisions of
Chapter 59 of the Code of the Town of Southold. The exact area of the property to be gifted is
subiect to a survey. The total price will be costs associated with transfer of title of land to be
gifted.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Southold Town Board
August 12, 2003
24
#517
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of $outhold held a public hearing on the question of the
gift of a development rights easement on one acre of property from Anne A. Hubbard on the 12th day
of August 2003, pursuant to the provisions of Chapter 59 (Open Space Preservation) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM#1000-63-1-16, and is located on the northeast corner
of the intersection of County Road 48 and Hortons Lane in Southold; and
WHEREAS, the Town Board deems it in the public interest that the Town of $outhold accept the offer
of the gift of the development rights easement; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the
gift of a development rights easement on one acre of property from Anne A. Hubbard~ located on
the northeast corner of the intersection of County Road 48 and Hortons Lane~ identified as
SCTM#1000-63-1-16~ pursuant to the provisions of Chapter 59 of the Code of the Town of
Southold. The exact area of the development rights easement is subiect to a survey. The total
price will be costs associated with transfer of title of land to be gifted.
SUPERVISOR HORTON: I think that the generosity of the Hubbard's for the preservation efforts of
$outhold Town, will not only go recognized by this Board but town wide. $o thank you to Anne
Hubbard.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#518
Moved by Councilman Richter, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of $outhold held a public hearing on the question of the
gift of a development rights easement on 3.17 acres of property from Anne A. Hubbard on the 12th day
of August 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 property is identified as SCTM#1000-55-5-2.4, and is located on the south side of
County Road 48, approximately 200 feet west of Youngs Avenue, Southold, New York; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property
that should be preserved for open space/agricultural purposes; and
WHEREAS, the Town Board deems it in the public interest that the Town of $outhold accept the offer
of the gift of the development rights easement; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the
gift of a development rights easement on 3.17 acres of property from Anne A. Hubbard~ located
on the south side of County Road 48~ approximately 200 feet west of Youngs Avenue~ identified
as SCTM#1000-55-5-2.4~ pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of
the Town of Southold. The exact area of the development rights easement is subiect to a survey.
The total price will be costs associated with transfer of title of land to be gifted.
COUNCILMAN RICHTER: Again, I express my thanks.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
Southold Town Board
August 12, 2003
25
This resolution was duly ADOPTED.
#519
Moved by Councilman Moore, seconded by Councilman Richter,
WHEREAS, the Town Board of the Town of $outhold held a public hearing on the question of the
gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard on the 12th day
of August 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 property is identified as SCTM#1000-55-2-24.2, and is located north of the
intersection of County Road 48 and Boisseau Avenue, in Southold, New York; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property
that should be preserved for open space/agricultural purposes; and
WHEREAS, the Town Board deems it in the public interest that the Town of $outhold accept the offer
of the gift of the development rights easement; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the
gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard~ located
north of the intersection of County Road 48 and Boisseau Avenue in Southold~ identified as
SCTM#1000-55-2-24.2~ pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of
the Town of Southold. The exact area of the development rights easement is subiect to a survey.
The total price will be costs associated with transfer of title of land to be gifted.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes our resolutions. I offer the floor to the public to address
the Town Board on town related business.
CARMEN SWEENEY: My name is Carmen Sweeney, I was here last month because of a problem. I
would like to show you these pictures. These pictures represent my neighbor putting poles on town
property, at the edge of my driveway. ! knocked them down and now ! am being arraigned on
September 5 for criminal charges of knocking down these poles that went into my driveway, because
my car, ! am afraid, is going to be damaged. We also, we have a picture of a trash (inaudible) that the
Town said that ! could put out so that they could pick up. ! am being criminal charged. ! have four
criminal charges right now because ! put trash, not trash, but the bags for the town to pick up and those
poles are on the town property. ! don't think that Wickham Avenue is a very busy highway. As you
know, it is the only place that there is a traffic light on Route 48. The cars come whizzing by, people
come by on bicycles and he has these poles, they are huge as you can see, it is a very dangerous
situation. And it is very dangerous for me to go in and out of my driveway and have steel poles and !
have to go to court because of this. As you know, ! am serving three years probation now because
when ! pull into my driveway, ! have my radio on. There is no town ordinance in this town but ! can't,
except for me. ! don't want to think that there is bias but-the Police-! did go into the Sims trial and
since then ! have had at least five to six criminal charges. Every time ! pull in and out of my driveway,
there is a policeman there. ! wish, you said that you were going to do something about this and look
into it and maybe on September 5th' I can get a little support. ! have been in touch with Lucas Ware of
the NAACP and we are working on it because it is an absolute bias condition. My neighbor, ! don't
Southold Town Board
August 12,2003
want to say the name, has two apartments that he put in without a permit and a cesspool that was put in
without a permit. For the last two weeks, the cesspool has been covered with just a piece of wood.
The stench is unbelievable. I had to go to the Board of Health. Mr. Forrester doesn't want to know
anything about it. Every six months the cesspool is dumped and the smell before it gets dumped out is
unbelievable. And in this heat, believe me. So, I am going to come here every month until something
is done and then that I can li ve in my house, I live in this neighborhood 40 years already, I raised five
boys and they have never been in any trouble and since my husband and one of my sons died, the
police tell me to move out of town. They have been telling me that since I moved in. I happen to be
Puerto Rican and this was one of the things that Otto came to my neighbor and told him that we have
to get rid of the spic that just moved in next door. This was stated to me and I may be a spic but I
raised very good boys and I have a very nice looking house and I don't think that I have to put up with
this. Thank you.
26
SUPERVISOR HORTON: You certainly don't, Mrs. Sweeney, I am going to-the Chief isn't here this
week but what I would like to do is sit down with yourself and myself and the Chief and any other
member of the Town Board that would care to be there, as well, thank you, Mrs. Sweeney. Would
anyone else care to address the Town Board? (No response) Any comments from the Town Board?
(No response).
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:27 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
* * * * * *
~o~
Elizabeth A. Neville
Southold Town Clerk