HomeMy WebLinkAboutTB-12/02/2003SOUTHOLD TOWN BOARD
GENERAL MEETING
December 2, 2003
7:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, December 2, 2003 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with
the Pledge of Allegiance to the Flag.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William (2. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR HORTON: Welcome to the December 2nd, 7:30 public meeting of the Southold Town
Board. Please rise and join with me in the Pledge of Allegiance. We have several reports, public
notices and communications available for the public to review. They are available at the Town Clerk's
Office, Monday through Friday, 8:00 A.M. through 4:00 P.M. As well, there are two portions of the
meeting that we turn the floor over to the public, one is prior to the reading, to the voting of any of the
resolutions that are on the agenda. As well, as at the end of the voting on the resolutions, we offer the
floor to the public to address the Town Board on town related business. We also have ! believe, three
public hearings this evening. You will notice that they are noted at specific times, however those times
for the public hearings are not time limits for the public hearing, we open the public hearings up and
they take as long as they need to take for the public to address the Board. This evening, ! have three
important groups here at the Town Board. First, ! would like to recognize the Boy Scout Troop of
Southold the Fighting Eagles, Pack 6 who have come to Town Hall, they asked some very pointed
questions, we had an interesting session prior to this meeting, so they are here to observe a portion of
December 2, 2003
Southold Town Board
this meeting, so welcome to this meeting. And also, if ! could get front and center the Southold-
Mattituck Boys Soccer Team as well as the, did ! say Southold? ! mean the Mattituck Boys Soccer
Team as well as the Mattituck Girls Soccer Team both, please come forward with your coaches. As
you all know, that there were two tremendous not only athletic accomplishments from these two teams
that took place this year but they are beyond athletic accomplishments. They are also a testimony to
hard work, a testimony to dedication and the desire to learn and strive, shoot for higher goals. ! think
that extends far beyond just playing a sport. And ! am here to congratulate you on behalf of the entire
Town of Southold and the Town Board, so if you will come forward. ! am here to present you with a
proclamation that ! would like to read. And you definitely don't need to hear it from me about what it
takes to win, to move so far up in the athletic realm that you did this year. The girls became finalists in
the New York State Champs and it was the first time ever, if ! am not mistaken, but the first time ever,
this is this particular soccer team from Mattituck has risen that far in the ranks of competition. So that
is an historic moment as well. ! am going to read this proclamation as well:
WttER EA $ : the Town Board of the
Town of Southold wishes to honor the MATTITUCK GIRLS VARSITY SOCCER TEAM, the
mighty "TUCKERS", for their outstanding performance during the 2003 season - and for their record
of 17-2-1; and
WH E R E A S : this remarkable team is a result of the spirit, dedication, team work, and
sportsmanship of the "TUCKERS" as they defeated formidable opponents in league, regional and
county soccer games, finally defeating the Tamarac Bengels in the state semifinal to become finalists
in the New York State Class C championship game for the first time in the history of girls' soccer in
Mattituck; and
WH E REA S : the importance of the skill, pride, and commitment of the coaches,
parents, families and team supporters cannot be overstated as this team was guided toward these
outstanding victories; now, therefore, be it
R E S 0 L VE D : that the Town Board of the Town of Southold wishes to publicly
congratulate the MATTITUCK GIRLS VARSITY SOCCER TEAM for their tremendous
achievements and for becoming the first Mattituck girls' soccer team ever to reach the state
championship in their class; and be it further
RES OL VED : that the Town Board of the Town of Southold joins with the entire
community in expressing their deep appreciation to the team, the coaches, and the parents for the
positive example they have provided to the youth of Southold Town. And we know you'll be back next
year! !
MA TTITUCK GIRLS VARSITY SOCCER 2003
Tom Farrell, Coach
Corinna Carlisle
Megan Bundrick
Emily McDonald
Addle Feller
Jenna Williams
Ali Cooper
Nicole Diffley
Patricia Horton
Alexandra Pape
Carey Kaelin
Marisa Viola
Rachel Burger
Laura Young
Kirsten Ianno
Trisha Tarpey
Kristie Palmer
Marisa Jacobs
Regina Hayes
Jaimie Macdonald
Vanessa Arslanian
JacMe Boeckman
Christine Shanahan
Megan Burke
Stephanie Lasota
Mike Huey -Athletic Director Colleen McGowan - Trainer Jeff Lang - Video
Catherine Bryan, Kay Rolle, Dennis Case, Klm Gerstung -Bench Personnel
Danielle Young, Arielle Gerstung, Tori Cande, Lauren Gatto - Ball Girls
DATED : December 2, 2003
December 2, 2003
Southold Town Board
Supervisor Joshua Y. Horton
Councilman John M. Romanelli
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
SUPERVISOR HORTON: And that last piece of it read, 'the example that you have provided for your
peers and the youth of Southold Town' ! think is most significant. So, thank you so much. These are
copies of that resolution for you to have for your personal archives. Congratulations and thank you
very much. And this proud bunch of young men are here as you know, ! think you probably saw it on
the front page of recent newspapers. These gentlemen actually won the State Championship. ! don't
think it was the first time ever but it certainly is the first time within this decade and it was well
deserved. ! also want to point to, ! know this is an accomplishment for the team, but the head Coach
Mr. Litchult has been the coach for two years, so ! think that of itself is an exciting accomplishment.
Mr. Litchult is representing our generation well, he is 26 years old and right to the top.
WHER EA $ : the Town Board of the Town
of Southold wishes to honor THE MATTITUCK BOYS SOCCER TEAM for winning the 2003
New York State Class C Championship - and for finishing the season with a 22-1 record; and
WH E REA S : this championship is an example of the spirit, dedication, teamwork and
sportsmanship of THE MATTITUCK BOYS SOCCER TEAM as they defeated formidable
opponents to capture the championships for League VII, Suffolk County Class C, Long Island Class C,
Southeast Regional Class C, and finally defeating Manlius Pebble Hill for the New York State Class C;
and
WH E REA S : the importance of the skill, pride and commitment of the coaches, parents,
families, and team supporters cannot be overstated as the team was guided toward this outstanding
accomplishment, creating lifelong memories for all; now, therefore, be it
R E S 0 L VE D : that the Town Board of the Town of Southold wishes to publicly
congratulate THE MATTITUCK BOYS SOCCER TEAM for winning the 2003 New York State
Class C Championship; with deep appreciation to the team, the coaches, and the parents for the
positive example they have provided to the youth of Southold Town.
Mattituck Boys Soccer 2003 Official Team Roster
Mathew Litchhult - Head Coach
Patrick Fedun Chris Radigan Matt Wilsberg Marty Tarpey Tom Clark
Ed McDonald Chris Harrison Tyler Cande Giovanni Borghese Bret Moyer
Kevin Gatto Daniel Lynch Jordan Viola Glen Hamilton Brian King
Tom Boucher Andrew Huey Steven Cook Rob Villano Bill Flinter
Brendan Clarke Kyle Steele Mason Connor Kyle Pumillo Ned Baker
Erik McKenna - JV Coach Brian Kelly, Ed Barbante - Jr. High Coaches
Mike Huey - Athletic Director Colleen McGowan - Trainer
Kevin Litchhult, Ryan Wilsberg, Dennis Horton - Bench Personnel
D A T E D : December 2, 2003
Supervisor Joshua Y. Horton
December 2, 2003
Southold Town Board
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
SUPERVISOR HORTON: Gentlemen, congratulations, it is really an honor to be here with you. Just
to cut through the awkwardness right now, we do have a Town Board meeting but we never expect the
students and the parents who come for the presentations to stay for the Town Board meeting, so please
don't feel obligated. Thanks so much. Alright, we will get moving then. Can I get an approval for the
minutes?
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the minutes from the Town Board meeting of November 6,
ordered approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
2003 be and hereby are
Councilman Romanelli,
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $633,930.91; General Fund Part Town bills in the amount of $38,098.98;
Community Development Fund bills in the amount of $43,711.15; Highway Fund Whole Town bills in
the amount of $31,093.80; Highway Fund Part Town bills in the amount of $92,238.80; Capital
Projects Account bills in the amount of $23,218.43; Community Preservation Fund (2% tax) bills in
the amount of $$14,265.88; New London Terminal Project bills in the amount of $6,774.97; Employee
Health Benefit Plan bills in the amount of $1,613.75; Fishers Island Ferry District bills in the amount
of $59,683.79; Refuse & Garbage District bills in the amount of $69,290.46; Southold Wastewater
District bills in the amount of $2,270.00; Fishers Island Sewer District bills in the amount of
$4,498.98; Southold Agency & Trust bills in the amount of $124.63 and Fishers Island Ferry District
Agency & Trust bills in the amount of $136.87.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Town Board meeting be held Tuesday, December 16, 2003 at the
Southold Town Hall, Southold, New York at 4:30 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: At this point we will give the floor to anyone that would care to address
the Town Board on any of the resolutions on the agenda. (No response) We will move forward with
the resolutions.
#773
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
December 2, 2003
Southold Town Board
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Horton to sign the 2004 Youth Services Grant Program Application.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#774
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective
Beth Dzenkowski to attend the quarterly State of New York Police Juvenile Officers Association
in her current position of First Vice President, commencing on Thursday, December 4 through
Friday, December 5, 2003 in Melville, New York.
There will be no expenses incurred as the Association covers all expenses for meals and
accommodations and there will be no transportation costs.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#775
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 740 adopted
at the November 6~ 2003 regular Town Board meeting.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#776
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by
changing the Zoning District designation of SCTM# 1000-122-3-10 from Marine 1 (M-l) District to
General Business (B) District; and
WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF
SCTM # 1000-122-3-10 FROM MAR1NE 1 (M-l) DISTRICT TO GENERAL BUS1NESS (B)
DISTRICT"; now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public
hearing on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New
York at 5:10 p.m, Tuesda¥~ December 16 2003. The purpose of this Local Law is to change the
Zoning District Designation of SCTM# 1000-122-3-10 from Marine 1 (M-I) District to General
Business (B) District. The petitioner for this request is Amerada Hess Corporation. The property is
approximately 0.528 acres and is located on the south side of Main Road, Mattituck, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
December 2, 2003
Southold Town Board
#777
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Planning
Board budget~ as follows:
FROM:
B. 8020.4.500.500 Planning Consultant $5,000
TO:
B.8020.4.500.600 Moratorium Consultant $5,000
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#778
Moved by Councilman Richter, seconded by Councilman Moore, 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.2680.00 Revenues $3,136.17
Insurance Recoveries
To~
Appropriations:
A.3120.4.400.650
Appropriations $3,136.17
Vehicle Maintenance & Repairs
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#779
Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS the Town Board of the Town of Southold is proposing amendments to the Community
Development Block Grant 1998 Program Budget, as follows to wit:
Current New
Proiect Budgetlncrease Decrease Budget
Rental Property
Rehabilitation $12,000 -0- $12,000 -0-
Home Improvement
Program $23,329.73 $12,000 -0- $35,329.73
Now be it RESOLVED that the Southold Town Board will consider the aforesaid proposed
amendments at their regular meeting December 16~ 2003 to begin at 5:15 pm~ at the Southold
Town Hal, 53095 Main Road, Southold, New York 11971, at which time all interested persons will be
heard.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
December 2, 2003
Southold Town Board
This resolution was duly ADOPTED.
#78O
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by The Estate of Alice G.
Duffy, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold.
Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue, and is located on the
west side of Boisseau Avenue, in Southold. The development rights easement comprises
approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is
subject to survey. The purchase price is $27,500 (twenty-seven 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, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#781
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 General Fund
Whole Town budget as follows:
FROM:
A. 1620.4.400.600
TO:
A. 1620.4.400.100
Vote of the Town Board:
Buildings and Grounds
Equipment Maim/Repair
$7,000
Buildings and Grounds $7,000
Building Maim/Repair
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#782
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 General Fund
Whole Town budget as follows:
FROM:
A. 1440.2.200.300 Engineer $1,500
December 2, 2003
Southold Town Board
A. 1680.4.400.200
A.3120.2.200.100
TO:
A. 1680.2.400.450
Filing Equipment
Central Data Processing
Training
Police, Equipment
Copy Machine
$5,000
$3,200
Data Processing, Equipment $9,700
PC Peripherals
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#783
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island
Group Administratiom Inc. to pay the medical bill of a dependent of a Town employee, for
services rendered on May 3, 2002, to Yale New Haven Hospital, in the amount of $1631.08, which bill
exists due to late submission of claim by the provider.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Abstain: Justice Evans.
This resolution was duly ADOPTED.
#784
Moved by Councilman Moore, seconded by Councilman Richter,
WHEREAS the Town Board of the Town of Southold received no bids for the following vehicles:
Asset #644 1988 Dodge Caravan Vin # 2B4F41K5JR649650
RESOLVED that the Town Board authorizes and directs the disposal of same.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#785
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Joshua Y. Horton to execute an agreement with the following individuals for the winter 2004
recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors
listed below has been budgeted for in the recreation department's 2003 instructor line, A7020.4.500.420.
Thomas Boucher (guitar) ................................................................. $25/hour
Eugenia Cherouski (folk dancing) ................................................... $25/hour
Steve Delaney (teen nights) ............................................................. $20/hour
Mary Ann Duffy (Professional writing) ............................................. $20/hour
Martha Eagle (Aerobics) .................................................................. $3 O/hour
East End Insurance Services (Defensive Driving) ............................ $30/person
East End Kids (Cutting Up-Youth Program) ..................................... $2.00/person
Carol Giordano (Baton) ................................................................... $25/class
Tricia Graffagnino (teen nights) ........................................................ $20/hour
December 2, 2003
Southold Town Board
Mary Hewitt (creative scrapbooking) .............................................. $20/hour
Hidden Lake Farms (Horseback Riding) ......................................... $215/person
Rosemary Martilotta (hatha yoga) .......................................... $55/class
Jim Mikelbank (youth basketball) .......................................... $25/hour
Marcia Pollak (Quality of Relationships) ............................................ $20/hour
Theresa Pressler (youth programs) ................................................. $25/hour
Laurie Sanders (decorative painting) ................................................ $20/hour
Laurie Short (aerobics classes) ......................................................... $22/hour
Steve Smith (weight training) ............................................................. $25/hour
Sali Stern (figure drawing) .................................................................. $20/hour
US Coast Guard Auxiliary Flotilla 18-8 (boating) .............................. $35/person
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter,
Romanelli, Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman
#786
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:
Revenues:
A.3089.15 Unified Court System Grants $660.00
Appropriations:
A. 1110.2.200.100 Office Equipment $660.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#787
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Commissioner Lillie
Ahman to the position of Vice Chairperson of the Fishers Island Ferry District.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#788
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 2003
budget as follows:
To:
December 2, 2003
Southold Town Board
10
A. 1010.4.600.200
A.9050.8.000.000
A.9060.8.000.000
A.9730.7.000.000
A. 1010.4.500.300 Town Board, C.E.
Environmental Consultant
A. 1010.4.500.800 Town Board, C.E.
Appraisals
A. 1010.4.600.100 Town Board, C.E.
Legal Notices
Town Board, C.E.
Meetings & Seminars
A.1010.4.600.300 Town Board, C.E.
Travel Expenses
Unemployment Insurance
Employee Benefits
Hospital & Medical Insurance
Employee Benefits
Bond Anticipation Notes
Interest
From:
12,000
10,900
2,000
szooo
~900
3,500
5,000
10
A.9010.8.000.000 Retirement, ERS
Employee Benefits' 43, 310
A.9710.7.000.000 Serial Bonds
Interest 2,000
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#789
HELD
#79O
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Brandi Nadine
Monique to the position of Intern in the Southold Town Justice Court office, for the duration of
her winter break, December 22, 2003 to January 24, 2003. This position is to be unsalaried.
SUPERVISOR HORTON: She is a student from Greenport who is home on her winter break from
college, she will be volunteering her services to the Justice Court.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#791
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 2nd day of December 2003 a Local Law entitled "A Local Law in relation to
Permitted Uses in the Light Industrial District" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of
December 2, 2003
Southold Town Board
11
January 2004 at 8:05 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed local law entitled, "A Local Law in relation to Permitted Uses in the Light
Industrial District" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled "A Local Law in relation to Permitted Uses in the Light Industrial District"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
T. Purpose The stated purpose of the Light Industrial (LI) District is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial
Park/Planned Office Park District. This amendment allows contractors that are not otherwise
prohibited, to locate a business or yard in the LI district. This amendment is consistent with the
purpose of the Light Industrial (LI) District.
TT. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-141. Use regulations.
In the LI District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
purpose except the following:
A. Permitted uses. The following uses are permitted uses and, except for those uses permitted
under Subsection A(1) and Subsection A(2) hereof, are subject to site plan approval by the Planning
Board:
(4) Contractors' businesses or yards, including but not limited to B-building, electrical, and
pl bi g dl d per's~-*~*~'~r"'~; ........ y d
um n , an an sca ,~,,,,,,,,,~,,,, o ,,oo,,,,~oo,~o,,, ar s.
TTT. 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.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
SUPERVISOR HORTON: Before we move forward too much further, is there also, in addition to this
a resolution to send this to Planning for SEQRA?
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#792
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
following elected or appointed officials to attend the Annual Meeting of the Association of Towns
in New York City on February 15-18~ 2004: Supervisor~ Councilmem Town Clerk~ Town
Assessors~ Town Attorne¥~ Assistant Town Attorneys~ Town Engineer~ Town Justices~ Justice
Court Clerks~ Executive Assistant to Supervisor~ Receiver of Taxes Clerk Vicki DeFriest~
Superintendent of Highways~ Solid Waste Coordinator~ Building Department (Patricia Conklin
and Damon Rallis)~ Code Enforcement Officer~ Planning Department's Senior Environmental
Planner Mark Terry and George Horning~ Zoning Board of Appeals Member-Fishers Tsland4
and be it
December 2, 2003
Southold Town Board
12
FURTHER RESOLVED that the Members of the Zoning Board of Appeals and Planning Board
are granted permission to attend the Annual Meeting of the Association of Towns on a day trip
basis.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#793
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton to execute an agreement with the Fishers Island Telephone Company
for the 2003-2004 monitoring of Alarm Data.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#794
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position of Special
Proiects Coordinator and establishes the following salary scale effective January 1~ 2002:
Vote of the Town Board:
Entry
1
2
3
4
5
Aye:
45,900.00
48,400.00
49,400.00
50,750.00
51,750.00
54,250.00
Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#795
Moved by Councilman Moore, seconded by Justice Evans,
RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the
proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 97 'Wetlands and
Shoreline' of the Code of the Town of Southold", is an Unlisted action, and will not have a significant
impact on the environment, and be it further
RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration
pursuant to SEQRA Rules and Regulations for the proposed Local Law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#796
Moved by Councilman Romanelli, seconded by Justice Evans, it was
December 2, 2003
Southold Town Board
13
RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the
proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 32, 'Boats, Docks
and Wharves' of the Code of the Town of Southold", is an Unlisted action, and will not have a
significant impact on the environment, and be it further
RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration
pursuant to SEQRA Rules and Regulations for the proposed Local Law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#797
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed "A Local Law in relation to Permitted Uses in the Light
Industrial District" to the Southold Town Planning Board and the Suffolk County Department of
Planning for their recommendations and reports.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#798
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Southold Town Planner to conduct an evaluation pursuant to the State Environmental Quality
Review Act {SEQRA} to address the environmental issues pertinent to the proposed local law "A
Local Law in relation to Permitted Uses in the Light Industrial District"
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: ! have a resolution that ! prepared this afternoon and ! wanted to get it on
the agenda. My language was not quite what was needed, so ! sought the assistance of the Assistant
Town Attorney on this and it pertains to some pieces of legislation that was sent out to review. ! am
going to make this motion.
#8O2
Moved by Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit correspondence to the Southold Town Planning Board~ Suffolk County
Department of Planning~ New York State Department of Agriculture and Markets~ Southold
Town Agricultural Advisory Committee~ the Southold Town Land Preservation Department &
Committee~ advising them to discontinue review of the following proposed Local Laws:
"A Local Law in relation to Amending Chapter 100 'Zoning' of the Code of the Town of Southold to
create a new Article solely for the Agricultural- Conservation (A-C) and Low Density Residential R-80
Districts, to amend the provisions of the Agricultural- Conservation (A-C) and Low Density
December 2, 2003
Southold Town Board
14
Residential R-80 Districts governing uses and subdivisions, and to amend certain sections of Chapter
100 to conform to the new Article".
"A Local Law in relation to Amending the Existing Affordable Housing District (AHD) Law to Create
Permanent Affordable Housing"
"A Local Law in relation to Creation of a Rural Incentive District"
JUSTICE EVANS: I would like to hold this, since it wasn't brought up at the meeting today and there
was no discussion during the work session and I am kind of surprised by this resolution being
presented now.
SUPERVISOR HORTON: I would be happy to hold it. We can even have a little discussion on it
now, we have a couple of minutes.
JUSTICE EVANS: Why don't we discuss it at our next work session.
SUPERVISOR HORTON: Because I think it is something, at this point, I know this Town Board
hasn't moved forward with enacting any of these and I don't think it is fair to have this legislation
being reviewed by Town, County and State agencies if there is not going to be any action taken on it
by the Town Board. So I think in lieu of wasting their time and following through in what we are
actually are going to do or not going to do, I don't think we should have this on for review at these
following agencies.
COUNCILMAN ROMANELLI: We might get some interesting input.
SUPERVISOR HORTON: Please call the roll.
COUNCILMAN WICKHAM: In view of the discussion about this, I would rather not approve it
tonight. I would rather vote against it and consider it with due discussion at our next meeting.
JUSTICE EVANS: No, I would like to discuss this at our next work session.
SUPERVISOR HORTON: I will vote yes but I am very willing to discuss it at the next work session
as well.
Vote of the Town Board: Aye: Supervisor Horton. No: Councilman Wickham, Councilman Richter,
Councilman Romanelli, Councilman Moore, Justice Evans.
This resolution was LOST.
SUPERVISOR HORTON: At this point, we have a couple of minutes prior to our next public hearing,
which is scheduled for 8:05. I will open the floor to the public to address the Town on town related
business. And we will recess for the hearing at 8:05. Mrs. Egan.
JOAN EGAN: Joan Egan. Good evening, everybody. Mr. Horton, Mr. Yakaboski it is good to see
you back, Mr. Richter, Mr. Moore, Mr. Romanelli, Mrs. Evans, hello everybody. Now, I did have my
hand up but you kind of rushed me and you know you should never rush me because then it takes me
longer. Now, on several of these resolutions, first off, we don't have a map here, right? No, no map.
Now, again, on #778, I think I had addressed this before about Town vehicles; that maybe we should
get something other than Ford vehicles? Since we have to repair these and our policemen are put in
danger as are all people who drive these cars that we purchase. Now, yeah, that was #778. Now, this
environmental consultant line, what is that about? #777.
SUPERVISOR HORTON: That was to cover the expenses incurred by some work that was conducted
vis-h-vis our, what has become known as the moratorium work group, to cover some of the expenses.
MS. EGAN: These are local people? Or did we hire outside people?
December 2, 2003 15
Southold Town Board
SUPERVISOR HORTON: They spent enough time here over the past year to be considered local ....
MS. EGAN: They are local people?
SUPERVISOR HORTON: It is not a local firm, no.
MS. EGAN: It is out of Southold?
SUPERVISOR HORTON: Yes, that is right.
MS. EGAN: Great. ! mean you are running 100% on doing everything out of Southold. Now, oh, the
winter recreation program, especially the indoor one at our community center. The last time ! attended
there, the heat was terrible there, it was leaking, it was terrible. You have been up there and that has
all been cleared up or you don't know?
SUPERVISOR HORTON: We put money in the...
MS. EGAN: ! didn't ask if you put money into it, ! said has it been corrected?
SUPERVISOR HORTON: Some of the issues that you are speaking about have been corrected and we
also put money in the 2004 budget to make capital repairs to the Peconic recreation center.
MS. EGAN: So, we wear our winter clothes up there for dancing and you can't move, it is great.
Now, we need more office equipment, #786? Where?
SUPERVISOR HORTON: That is a, that is money that came to the Justice Court through a grant, a
unified court systems grant and it to purchase specific office equipment that is acceptable to purchase
under the grant funding.
MS. EGAN: For the Justice building?
SUPERVISOR HORTON: For the Justice Court, yes.
MS. EGAN: Would like to get a little security there, too. That is money well spent. Now, this, again,
#789, this is out of town people again?
SUPERVISOR HORTON: #789 is a resolution that was not voted on but that person is not out of
town. That person is somebody who works within the building.
MS. EGAN: No, ! mean the party lives in, this is a, this person is a local person? Lloyd Reisenberg?
SUPERVISOR HORTON: Yes, currently employed by the town.
MS. EGAN: He works, does he live in the Town?
SUPERVISOR HORTON: Yes, he does.
December 2, 2003
Southold Town Board
16
MS. EGAN: Isn't that marvelous. Now, okay, on the, the young lady for the Justice Court, that was
when you explained to me that is a Greenport girl?
SUPERVISOR HORTON: She is a young woman from Greenport.
MS. EGAN: Good, I hope that you do it sporadically so that each of the Town kids get a chance to do
the right thing. Now, also I think I had spoken also about your trip into the city and I asked you and I
don't know whether you have had the opportunity to do it and I will keep questioning you until you go,
that you ask people whether they really want a trip into the city or do they really want to benefit the
Town? Maybe we could save some of that money again for a pool or a bowling alley. So you will do
that, won't you?
SUPERVISOR HORTON: I will take that into consideration.
MS. EGAN: Now, at the last Town Hall meeting also from the power surges, you said you were going
to contact LIPA, as I did. Did you?
SUPERVISOR HORTON: Yes, I did.
MS. EGAN: And?
SUPERVISOR HORTON: We could maybe discuss that after the resolutions?
MS. EGAN: Uh uh uh uh uh. Did you get any viable feedback? That would be helpful for all?
SUPERVISOR HORTON: I think that viable is subjective but the feedback that I received from LIPA
staff was that due to some wind damage to some transformers and some transmission lines further west
of Southold, there was a real draw on the system and which resulted in occasional outages elsewhere.
MS. EGAN: Occasional? It was like the 4th of July.
SUPERVISOR HORTON: Ms. Egan, we are going to recess into a public hearing ....
MS. EGAN: No, no, no, no. I am not finished. I am not finished. Now, did you receive the card back
in relation to the run-off soil that hopefully will go into effect.
SUPERVISOR HORTON: Has that law been ....
TOWN CLERK NEVILLE: I don't have the card back yet, but I believe my office was going to call
you. They didn't call you back?
MS. EGAN: No, they didn't. They said that they finally did send an e-mail.
TOWN CLERK NEVILLE: I haven't seen a response come to the e-mail.
MS. EGAN: Good. Now, may I ask you Mrs. Neville,
December 2, 2003 17
Southold Town Board
SUPERVISOR HORTON: Mrs. Egan, will you address the Town Board?
MS. EGAN: Mr. Horton, my goodness, (inaudible) has anybody responded to your search for a new
Town Attorney? Have received any resumes?
SUPERVISOR HORTON: Yes.
MS. EGAN: Have you? Good. Jacoby and family? Jacoby and Meyers sent their resume in?
SUPERVISOR HORTON: No, no.
MS. EGAN: Now...
SUPERVISOR HORTON: Mrs. Egan, we are going to recess into public hearing.
MS. EGAN: One more question and then ! will be back, has Mr. Yakaboski you said at the last
meeting who wasn't well, and we condolenced all of that, and you were going to maybe ask Miss
Finnegan if she could look into the letter that was sent to Mr. Yakaboski two years ago? Have you had
any feed back on that?
SUPERVISOR HORTON: No.
MS. EGAN: When will you?
SUPERVISOR HORTON: ! don't have an answer for you.
MS. EGAN: That figures. When will you think you might have an answer?
SUPERVISOR HORTON: ! don't have an answer for that either, Mrs. Egan.
MS. EGAN: That is disgraceful. Two years, two years. You are only as good as your word, dear.
Thank you.
SUPERVISOR HORTON: Thank you. We will recess into the public hearing ....
COUNCILMAN ROMANELLI: You have one more person there.
SUPERVISOR HORTON: Yes, ma'am.
UNIDENTIFIED: ! submitted this to you this afternoon but ! will read it again. ! urge the Town Board
to delete wetland ditching from the wetland law. Encompassed in the Federal, State and County
environmental laws, the Towns have the right to structure laws that supersede said regulations to adapt
to the Town of Southold. The Town has a responsibility to halt environmentally unsound practice of
wetland ditching. Thank you for your attention to this issue.
December 2, 2003
Southold Town Board
18
SUPERVISOR HORTON: Thank you. And you said that you dropped a copy of that for the Town at
the Town Clerk's office.
UNIDENTIFIED: Yes, I did.
SUPERVISOR HORTON: Thank you very much, indeed. We have three public hearings on this
evening, which we will recess for. Why don't we move right into the wetlands hearings.
COUNCILMAN WICKHAM: The first one was the Duffy.
SUPERVISOR HORTON: Right, but most of the people here are for the wetlands hearings.
COUNCILMAN WICKHAM: We are going to change it around?
SUPERVISOR HORTON: Yes, why don't we move into the ....
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is declared recessed in order to hold three (3)
public hearings on the matters of (1) HEAR1NG ON THE PURCHASE OF DEVELOPMENT
RIGHTS OF THE DUFFY ESTATE, SCTM #1000-63-2-6; (2) HEARING ON "A LOCAL LAW IN
RELATION TO AMENDMENTS TO CHAPTER 97 'WETLANDS AND SHORELINE' OF THE
CODE OF THE TOWN OF SOUTHOLD" AND (3) HEARING ON "A LOCAL LAW IN
RELATION TO AMENDMENTS TO CHAPTER 32, 'BOATS, DOCKS AND WHARVES' OF THE
CODE OF THE TOWN OF SOUTHOLD".
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting was reconvened at
#799
Moved by Councilman Richter, seconded by Councilman Wickham,
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 The Estate of Alice G. Duffy on the 2nd day
of December 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 #1000-63-2-6 and 1135 Boisseau Avenue, and is
located on the west side of Boisseau Avenue, in Southold; and
WHEREAS, the development rights easement comprises approximately 7.168 acres of the 8.152 acre
farm. The exact area of the development rights easement is subject to the survey; 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
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
December 2, 2003
Southold Town Board
WHEREAS, the purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre; 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; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development
ril!:hts easement on part of a certain parcel of property of al!:ricuIturallands owned bv The Estate
of Alice G. Duffv. pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of
Southold. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue, and is
located on the west side of Boisseau Avenue, in Southold. The development rights easement comprises
approximately 7.168 acres ofthe 8.152 acre farm. The exact area of the development rights easement is
subject to survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per
acre.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
19
#800 HELD
#801 HELD
#802 (See Above)
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is declared adjourned at 10:27 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
* * * * * *
C'~q/.~<~
Elizabeth A. Neville
Southold Town Clerk