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Home My WebLink AboutTB-12/16/2003SOUTHOLD TOWN BOARD REGULAR MEETING December 16, 2003 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, December 16, 2003 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR HORTON: Please rise and join with me in the Pledge of Allegiance. We have reports, public notices and communications available for the public to review at the Town Clerk's office. The Town Clerk's office is open 8:00 A.M. to 4:00 P.M., Monday through Friday. The floor is open to the public at two points over the course of the meeting, in addition to the public hearings that we have on the agenda for this evening, we will offer the floor to the public prior to voting on these resolutions, and we will also offer the floor to the public to address the Town Board on other town related matters you may have after the voting on the resolutions. And as ! mentioned a moment ago, we do have a number of public hearings on this evening, at which point the public will have the opportunity to address the Board on those specific public hearings. ! ask that in doing so, when you address the Board, you speak from one of the two microphones and podiums at the front of the room and state your name and place of residence clearly, so that we can have that incorporated into our public record. As to the resolutions, would anybody care to address the Board on any of the resolutions that are on the agenda? Actually, one moment, let me... a couple of motions that we need to take care of prior to that. December 16, 2003 2 Southold Town Board 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 $318,468.75; General Fund Part Town bills in the amount of $37,406.59; Community Development Fund bills in the amount of $17,738.41; Highway Fund Whole Town bills in the amount of $36,047.93; Highway Fund Part Town bills in the amount of $64,766.84; Capital Projects Account bills in the amount of $53,487.59; Landfill Cap & Closure bills in the amount of $12,330.38; Community Preservation Fund (2% tax) bills in the amount of $356,806.47; New London Terminal Project bills in the amount of $6,055.57; Employee Health Benefit Plan bills in the amount of $9,343.50; Fishers Island Ferry District bills in the amount of $27,430.67; Refuse & Garbage District bills in the amount of $49,582.25; Southold Wastewater District bills in the amount of $5,610.93; Fishers Island Sewer District bills in the amount of $66.73; Southold Agency & Trust bills in the amount of $19,579.84 and Fishers Island Ferry District Agency & Trust bills in the amount of $73.56. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the minutes of the November 18, 2003 Southold Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Organizational Meeting of the Southold Town Board be held Tuesday, January 6, 2004 at 11:00 A.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, January 6, 2004 at 4:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. I. REPORTS 1. Town Clerk Monthly Report - November 2003 2. Recreation Department - November 2003 3. Board of Town Trustees - November 2003 4. Southold Town's Program for the Disabled - November Events 2003 5. Town of Southold Budget Report - November 2003 6. Southold Town Justice Court, Evans - November 2003 7. Southold Town Justice Court, Price - November 2003 December 16, 2003 Southold Town Board 3 8. Southold Town Justice Court, Bruer - November 2003 9. Juvenile Aid Bureau - November 2003 II. PUBLIC NOTICES 1. NYS Department of Environmental Conservation Notice of Complete Application of Goldsmith Inlet County Park to dredge Goldsmith Inlet and place the sand on the beach east of the channel in Peconic Dunes County Park in Peconic, Town of Southold. Written communications by January 9, 2004. III. COMMUNICATIONS None SUPERVISOR HORTON: Would anybody care to address the Town Board on the resolutions on the agenda? Mrs. Egan. MS. EGAN: Good evening, Mr. Horton and everybody up there and everybody here. I have quite a few questions. You are prepared and you won't rush me, will you? #803 and #804 are the same? SUPERVISOR HORTON: They read the same but they are different modifications. One modification is for radio equipment, trailer, safety seats and dry cleaning bills and the other is for vehicle impound and radar maintenance equipment. MS. EGAN: What dry cleaning bills? SUPERVISOR HORTON: Under the PBA contract, the Town pays for the dry cleaning of the uniforms of our police officers. MS. EGAN: Oh. Okay, I take exception to that but I guess it is in the book. Now, item 806, the Tree Committee. What do you mean by appropriate donations? SUPERVISOR HORTON: That is a modification that would appropriate from revenues from the Tree Committee donations for an appropriation for trees, tree maintenance and personnel services. MS. EGAN: So are you going to ask for donations or do we have the money? SUPERVISOR HORTON: This is a transfer from a donation fund, to .... MS. EGAN: We already have the money? SUPERVISOR HORTON: That is correct. MS. EGAN: Okay. And who supervises that? I think that is later on in your agenda here, isn't it? Somebody has been appointed? I think so. I will catch up with that. Now, these insurance things, #807 and #809, it sometimes is less expensive if you use the same insurance company. You have the Hartford there for one and no name for the health plan, for the Island and Group Administration. They are two separate insurance companies? December 16, 2003 Southold Town Board 4 SUPERVISOR HORTON: Yes. MS. EGAN: You are better off to have one. SUPERVISOR HORTON: Noted. MS. EGAN: You save better, you get reductions the more you have. Have you looked into that? SUPERVISOR HORTON: I am sorry, I didn't get your last question. MS. EGAN: Have you looked into the fact that .... SUPERVISOR HORTON: Yes. MS. EGAN: And who is looking into that? SUPERVISOR HORTON: Actually, our Town Comptroller works closely with insurance companies to get us the best price for the best coverage. MS. EGAN: Who is our Town Comptroller? SUPERVISOR HORTON: John Cushman. MS. EGAN: ! see. Okay, on #810, ! understand the Program for the Aging, maybe we can get that changed, you know how ! feel about that. You need a new budget for earning, supplies and materials. We seem to, at every meeting we spend an awful lot of money up there and ! don't think we need to spend quite as much. Either they are not taking care of the things as well as they should or they are purchasing things that are wearing out or are getting destroyed more easily. So, who is supervising that? Karen McLoughlin? SUPERVISOR HORTON: That is correct. MS. EGAN: ! will speak to her personally, if you don't mind. Now, again on #817, this Mr. Isler again, this is a lawyer from out of Southold, correct? SUPERVISOR HORTON: That is correct. MS. EGAN: That is wrong. Now, what is this #819, is this a new young lady for, budget for Town Attorney, part time earnings. Is there another new young lady coming in? SUPERVISOR HORTON: This person has been with us for some time now. This is moving moneys from one line within that budget to another. MS. EGAN: Borrowing from Peter to pay Paul? December 16, 2003 Southold Town Board SUPERVISOR HORTON: No but .... MS. EGAN: It is about the same, right? We need another lawyer? SUPERVISOR HORTON: No. MS. EGAN: So what does it mean then? Now, this #823, which is kind of the same as the other one. SUPERVISOR HORTON: I am sorry, that one is for legal counsel. MS. EGAN: We need another legal, we need to pay more money for legal. SUPERVISOR HORTON: It is to settle a legal bill, yes. MS. EGAN: Now, what is this #824? For when Mr. Yakaboski was out sick, he was only allowed X number of days and now we are going to make up, make that up to him. SUPERVISOR HORTON: This is payout for a contract. MS. EGAN: What do you mean by that? SUPERVISOR HORTON: He has accumulated a certain amount of sick days and for the contract that we have with him, the agreement is if those sick days are not used, a certain amount of those are to be paid up. Paid out to him. MS. EGAN: So, let's say he is allowed five days, six days. Just for illustration. If he uses more, it is on him? SUPERVISOR HORTON: Yes. MS. EGAN: So what does this mean then? SUPERVISOR HORTON: He did not use them. MS. EGAN: So what does is this... SUPERVISOR HORTON: So he is being paid for the ones that he was entitled to but did not use and that is per contract. MS. EGAN: So he gets reimbursed? Is that what you are saying? SUPERVISOR HORTON: No, he is not getting reimbursed, he is getting paid for sick days that he did not use. December 16, 2003 Southold Town Board 6 MS. EGAN: I question that. Now, on #825, I certainly hope that the Highway Department for building maintenance, are they in charge in any way for the Community Center on Peconic Lane? SUPERVISOR HORTON: Yes. The Department of PublicWorks is, which is headed by the Highway Superintendent. MS. EGAN: I received the paperwork regarding the things that one might want to attend for the winter/spring program up there. Now, I believe at the last Town Hall meeting, I brought up very strongly, that the last time that I went there for a winter/spring thing, we had to wear winter coats, it was a mess, the ceiling was leaking, the heat wasn't working properly. Now, has that been corrected so that before I go up there to register or spend any money, which is very difficult to get a refund on because I did have to go to Jean Cochran the last time, she reneged on it. SUPERVISOR HORTON: We have addressed the heating issues that have come up from time to time at the Peconic Recreation Center, and we have also allocated moneys in the '04 budget to do capital improvements to the Peconic Rec. Center. MS. EGAN: Now, should I enroll in a program up there and find that the building is cold or leaking or non-functioning, how difficult will it be for me to get a refund? SUPERVISOR HORTON: I can't answer that. MS. EGAN: Why not? SUPERVISOR HORTON: To be honest with you, that is not something that I have dealt with. MS. EGAN: Well, who would I address... SUPERVISOR HORTON: That would be Mr. Reeves. MS. EGAN: And who is Mr. Reeves? SUPERVISOR HORTON: Ken Reeves is the Department Head for the Department of Recreation. MS. EGAN: And where is he located? SUPERVISOR HORTON: At the Rec. Center. MS. EGAN: At all times? SUPERVISOR HORTON: Five days a week. MS. EGAN: 9 to, 8 to 4? SUPERVISOR HORTON: Mrs. Egan, are there other resolutions that you would like to address? December 16, 2003 7 Southold Town Board MS. EGAN: Yes, yes. Well, these things are important to me. Now, who is Jane Edstrom, #8317 SUPERVISOR HORTON: She is an employee of the Town. MS. EGAN: She lives in the township of Southold? SUPERVISOR HORTON: I believe she recently re-located but she was for quite a number of years. She is an employee of the Town. MS. EGAN: So you are telling me that she no longer lives in the Town of Southold, she has re- located? SUPERVISOR HORTON: I believe that she has, yes. MS. EGAN: That is great. SUPERVISOR HORTON: No, it is actually quite sad. MS. EGAN: Now, this, we have said that this was coming up, Marilyn Lo Presti, now is she a Southold person. SUPERVISOR HORTON: She is and this is a housekeeping matter. Dr. Lo Presti has served the Tree Committee for quite some time and I did not, the Town Board did not officially appoint her although it was understood that she would be appointed, so this is a housekeeping matter. MS. EGAN: Is she from Southold? SUPERVISOR HORTON: Yes, she is. MS. EGAN: Wonderful. Now, on #834, we are doing this on the 6th but I certainly hope there will be a map there for these places. It is good that Mr. Wickham pretty much knows where these areas are. Now, #836, SUPERVISOR HORTON: Yes, they will be, this grants these people permission to attend the Association of Towns meeting in New York that I know you are completely opposed to. MS. EGAN: Now, you didn't put words in my mouth again, did you Mr. Horton? SUPERVISOR HORTON: Perhaps I should not have but I did, yes. MS. EGAN: No, I don't mind their going if it is for a good cause but what I am also asking you is who is this Connie Solomon? SUPERVISOR HORTON: She is the Deputy Comptroller in the Accounting Department. MS. EGAN: And they live in the Town of Southold? December 16, 2003 8 Southold Town Board SUPERVISOR HORTON: Yes. MS. EGAN: That is wonderful. Now, ! did also, now, who is Melanie Doroski? She is a local girl from the Doroski family here in, and she will be working with the Town Attorneys? SUPERVISOR HORTON: She is actually currently employed by the Town in the Attorneys Department. Yes. And she is local. MS. EGAN: Is she a student? SUPERVISOR HORTON: No, she is not. She has been with the Town for a number of years. This is a promotion. MS. EGAN: Good. Now, #843, Mr. Lloyd Reisenberg, is that a Southold organization? SUPERVISOR HORTON: He works for the Town of Southold. This, too, is a promotion. MS. EGAN: A kick upstairs or a promotion? SUPERVISOR HORTON: A promotion. MS. EGAN: Good. Now, we will be further addressing #845 for the Domestic Partnerships. ! would certainly hope that Mr. Moore, who is a lawyer and Judge Evans looked into this very carefully because it will, what will be done in that regard and what people feel about it, will create tax problems. Some people will benefit from it and maybe the Town will get hurt from it, in some regards. Now, to the best of my knowledge, what happens here in the Domestic Partnerships, that is sent up island and then up to Albany, for Governor Pataki to review. Which in my opinion, could lead very much to the Governor sanctioning same sex marriages. So, ! think it is very important before any of you vote, maybe you should abstain from voting until you find out a lot more of what entails in this new legislation. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: I am not finished. And now, I passed one and that was the Board of Trustees need to get overtime and ! think that is very appropriate, ! think Mr. Krupski at the last meeting, summarized it quite well when he presented his program and said that many people spoke that night and he said it was unfortunate that these people, who knew this might be coming up, who did not attend other meetings, they now have to go back, if you will, to the drawing board. So, it is very important, ! tell everybody ! know, to review these meetings on Friday nights or Wednesday nights, so they keep up to date. And that might save us some money and time. ! think that is all for now. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. December 16, 2003 Southold Town Board 9 SUPERVISOR HORTON: Would anyone else care to address the Town Board on the resolutions on the printed agenda? (No response) We will move forward with the resolutions. #8O3 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police 2003 budget as follows: mye~ TO: A.3120.4.400.650 FROM: A.3120.4.400.400 A.3120.2.500.400 A.3120.2.500.350 Vote of the Town Board: Justice Evans, Supervisor Horton. Vehicle Maint. & Repairs $3,000.00 Laundry & Dry Cleaning $1,000.00 Radio Equip. $1,000.00 Trailer & Safety Seats $1,000.00 Councilman Wickham, Councilman Richter, Councilman Moore, This resolution was hereby ADOPTED. #8O4 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police 2003 budget as follows: TO: A.3120.4.400.650 FROM: A.3120.4.400.700 A.3120.4.400.600 Vote of the Town Board: Aye: Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. Vehicle Maint. & Repairs $1,451.28 Vehicle Impound $800.00 Radar/Equip. Maint. $651.28 Councilman Wickham, Councilman Richter, Councilman Moore, #805 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants a 3% wage increase to the following full time personnel~ to become effective on January 1~ 2004: Barrett, Frederick Fiora, Michael Marshall, Jesse Ricker, Kenneth Burke, Stephen Foley, Paul Moroney, Kevin Schmid, Nina Doherty, Thomas Hoch, Richard Paradis, John Scroxton, Derek Easter, Mark Killam, Christian Peabody, George Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #8O6 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Tree Committee Budget~ as follows: December 16, 2003 Southold Town Board t0 TO: Revenues A. 2705.30 Trust Tree Committee Donations $ 2,500.00 Appropriation: A. $560.4.400.200 Trees and Tree Maintenance $ 2,475.00 A. 8560.1.200.100 Personnel Services 25.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #807 Moved by Councilman Richter, seconded by Councilman Moore, 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 Island Group Administratiom Inc. for administration of the Town of Southold Employee Health Plan for the 2004 calendar year, said agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #808 Moved by Councilman Moore, 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: A. 8090.1.100.200 A. 8090.2.500.100 FROM: A. 8090. t. tOO. tOO A. 8090.4. tOO. tOO Overtime Earnings Transcribing Equipment $1,600.00 90.00 Regular Earnings $1,600.00 Office Supplies 90.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #809 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Administrative Services Agreement and Amendment with Hartford Insurance Company for administrative services relating to the Town of Southold's Deferred Compensation Plan, both agreements subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #810 Moved by Councilman Wickham, seconded by Justice Evans, it was December 16, 2003 Southold Town Board tt RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: From: Appropriations: A.6772.1.200.100 To Appropriations: A.6772.1.100.300 A.6772.2.500.400 A.6772.4. tOO. tOO A6772.4. tOO. t t0 A.6772.4. tOO. 125 A.6772.4.100.200 A.6772.4.400.805 Programs for the Aging Part Time Employees Regular Earnings Programs for the Aging Personal Services Vacation Earnings Other Equipment Small Tools and Implements Supplies & Materials Office Supplies Supplies & Materials Program Supplies Contractual Expense Kitchen Supplies Contractual Expense Gasoline & Oil Contracted Services $ 5640.00 $ 210.00 $ 180.00 $ 1000.00 $ 600.00 $1500.00 $ 2000.00 Garbage Removal $ 150.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #811 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trius, Inc., in the amount of $29,709.00 & $31,709.00 for Snow Removal Equipment for use by the Southold Town Highway Department. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #812 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 746 adopted at the November 18, 2003 regular Town Board meeting. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #813 Held until after public hearing December 16, 2003 Southold Town Board 12 #814 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $0.1500 per gallon over the Northville Reseller Rack Price~ for supplying the Town of Southold with Heating Fuel Oil for the 2004 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #815 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $.1285 per gallon over the Northville Reseller Rack Price~ for supplying the Town of Southold with Unleaded and Unleaded Plus Gasoline for the 2004 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #816 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro Heating Oil and Services at a price of $.1285 per gallon over the Northville Reseller Rack Price~ for supplying the Town of Southold with Diesel Fuel for the 2004 calendar year, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #817 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Zoning Board Of Appeals to retain Frank Isler~ Esq. as special counsel in the matter of Stroud v. ZBA. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #818 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clark to re-bid for sand for ice control~ as no bids were received. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. December 16, 2003 Southold Town Board 13 #819 Moved by Justice Evans, seconded by Councilman Richter, 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. 1420. t. tOO. tOO Town Attorney regular earnings $ 8500.00 To: A. 1420. t.300, tOO Town Attorney p/t regular earnings $ 8500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #82O 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 Town Clerk to advertise for proposals for the procurement of architectural engineering services for the North Fork Early Learning Center - Child Day Center Project. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #821 Moved by Councilman Moore, seconded by Councilman Richter, 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 remodeling of the Laurel School in connection with the North Fork Early Learning Center - Child Day Center Project. COUNCILMAN MOORE: ! am thinking. ! have got to do some numbers here. Are these projects related to the budget that we just held up on? SUPERVISOR HORTON: That is correct. COUNCILMAN MOORE: Subject to the adoption of the budget that funds that, yes. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #822 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS, The State of New York Department of Transportation proposes to proposes to make improvements to Route 25, as part of the a project identified as P1N004t .99, in the County of Suffolk within the geographical jurisdiction of the TOWN of Southold, and WHEREAS, the TOWN of Southold approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, now therefore be it RESOLVED, the Town Board of the Town of Southold hereby approves of the above subiect proiect~ and be it further RESOLVED, that the Town of Southold shall maintain, repair and energize such highway lighting system and it is hereby further December 16, 2003 Southold Town Board 14 RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to enter into and execute an Agreement with the Long Island Power Authority {LIPA} to commit the TOWN of Southold to maintaim at its own expense~ the lighting system on the above identified proiect, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #823 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 Part Town Budget as follows: From: B. 1420.1.100.200 B.1420.2.100.100 B. 1420.2.100.200 B. 1420.2.100.300 B.1420.4.100.100 To: B. 1420.4.500.200 Vote of the Town Board: Overtime Earnings $ 2500.00 Chairs $ 200.00 Desks $ 450.00 Filing Equipment $ 300.00 Office supplies & stationery $ 356.13 Legal Counsel $ 3806.13 Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #824 Moved by Councilman Richter, 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. 1420.1.100.100 Regular Earnings $ 20,611.50 To: A. 1420.1.100.400 Sick Earnings $ 20,611.50 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #825 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Department of Public Works budget as follows: FROM: A. 1620.4.400.600 Equipment Maintenance $10,000.00 & Repairs TO: December 16, 2003 Southold Town Board 15 A. 1620.4.400.100 Building Maintenance $10,000.00 & Repairs Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. SUPERVISOR HORTON: ! realize that many of you, most of you are here for various public hearings. We will get them shortly, ! just want to get through these resolutions and we will move swiftly into the public hearings. We have a handful to go. #826 Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kenneth and Norma Denston to temporarily locate a single family house trailer~ for a six (6) month period, on their property located at 7219 Peconic Bay Blvd., Laurel, New York, to be used as temporary living quarters while they reconstruct their home which was damaged by fire. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #827 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated December 10~ 2003 regarding a Southold Town Highway Department employee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #828 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated December 10~ 2003 regarding a Southold Town Solid Waste Management District employee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #829 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby agrees to a sixty (60) day extensiom to February 2% 2004~ of the existing agreement between the Village of Greenport and the Town of Southold~ which is set to expire on December 31~ 2003~ and pursuant to which the Greenport Fire Department provides fire and emergency services to the East-West Fire Protection District, and be it further RESOLVED that the Village of Greenport shall be compensated for services rendered during the term of this extension according to the terms to be negotiated for renewal of the expiring agreement applied December 16, 2003 Southold Town Board 16 retroactively to January 1, 2004, but not less than $26,384.31 per month (1/12th of the current annual fee of $316,611.68). Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #83O Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Community Preservation Fund as follows: To: H3.8710.1.100.200 H3.8710.1.200.100 From: H3.8710.1.100.100 Vote of the Town Board: FT Employee Overtime Earnings PT Employee Regular Earnings $7000 $2500 FT Employee Regular Earnings $9500 Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #831 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jane Edstrom to the full-time position of Administrative Assistant in the Southold Town Senior Services Department, at an annual salary of $39,235.35, effective December 4, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #832 Moved by Councilman Richter, seconded by Justice Evans, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 16th day of December, 2003, a Local Law entitled "A Local Law in Relation to Adding a Stop sign on Athol Crescent at the southwest corner of the intersection of Equestrian and Oriental Avenue on Fishers Island", 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 6th day of Januarv~ 2003 at 5:15 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to Adding a Stop sign on Athol Crescent at the southwest corner of the intersection of Equestrian and Oriental Avenue on Fishers Island", which reads as follows: LOCAL LAW NO. OF 2004 A Local Law in Relation to Adding a Stop sign on Athol Crescent at the southwest corner of the intersection of Equestrian and Oriental Avenue on Fishers Island Be it enacted by the Town Board of the Town of Southold as follows: December 16, 2003 Southold Town Board 17 Purpose. The purpose of this Local Law is to improve safety at an intersection, by requiring traffic to stop before proceeding through the intersection. Chapter 92, Section 92-30 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Stop Sign on Direction Of Travel Athol Drive Southwest At Inter- Hamlet section with Equestrian & Fishers Island Oriental Avenues III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #833 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold appoints Marilyn LoPresti, Ph.D. to the Tree Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #834 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 6, 2004, at 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Manzi Trust, Robert Arnone & Others as Trustees. Said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road. The property is located on the north side of Oregon Road, approximately 1,096 feet east of the intersection of Bridge Lane and Oregon Road, in Cutchogue. The development rights easement comprises approximately 17 acres of the 25 acre parcel. The exact area of the development rights easement is subject to the survey. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. December 16, 2003 Southold Town Board 18 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #835 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 6~ 2004~ at 5:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place). Said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48. The property is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The development rights easement comprises the entire approximately 4.6 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #836 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Connie Solomom Deputy Comptroller and E. Brownell Johnstom Assistant Town Attorney to the Board of Trustees~ to attend the Annual Meeting of the Association of Towns in New York City on February 15-18~ 2004 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #837 Moved by Councilman Moore, seconded by Councilman Richter, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December 2003 a Local Law entitled "A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold" now, therefore, be it December 16, 2003 Southold Town Board 19 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 6th day of January 2004 at 5:10 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 a Sixty (60) day extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. of 2004 A Local Law in Relation to a Sixty (60) day extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent A one year moratorium on the processing, review of, and making decisions on certain applications (new or pending) made to the Board of Trustees pursuant to Chapter 97 Wetlands of the Code of the Town of Southold was enacted by the Town Board on January 7, 2003. The moratorium is set to expire on January 13, 2004. The moratorium was enacted to allow the Town Board of Trustees sufficient time to comprehensively review the inappropriate development of certain waterfront land, and the effects on the Town waters and habitats. Further, the time was intended to allow the Board of Trustees time to review the comprehensive planning objectives of the Town of Southold, the growth and development of the Town, the Local Waterfront Revitalization Program (LWRP), the Peconic Estuary Comprehensive Management Plan, as well as time to evaluate the effects, both singularly and cumulatively, of these tools and actions in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The moratorium has given the Town and the Board of Trustees time to consider and implement the LWRP and the best land use techniques for protecting its waterfront resources. The Town Board determined that the moratorium was necessary to address the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses the ability to impair the Town's unique environment, geology and hydrology. The moratorium has been necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. The Board of Trustees met on a regular basis during the year 2003, along with an environmental consultant retained by the Town, and representatives from the Town Planning and Town Attorney's office to review the above mentioned issues, along with the tools available for achieving the goals set by the Trustees. The group prepared a draft of a new Chapter 97, which implemented many of the Board of Trustees' existing policies and procedures, and incorporated the LWRP and the Town's planning and land use techniques and tools. The Board held a public hearing on the draft on July 16, 2003 to solicit public input. Further, the Board and aforementioned environmental consultant met with local marine contractors and environmental consultants, and consulted with the December 16, 2003 Southold Town Board 20 New York Department of State. Additionally, a draft of a new section of Chapter 32 regarding Docks was prepared. The group reviewed and incorporated the input and comments, both written and oral, received following the hearing and meetings. The group prepared an updated draft of the Chapter 97 and Chapter 32, which were presented to the Town Board on November 18, 2003. The Town Board held public hearings on these code changes on December 2, 2003, which was attended by many community members. The public at the hearing requested the opportunity for further review and opportunity to comment prior to the enactment of the changes. The hearings were closed, and the public comment period held open until December 12, 2003. Many comments, both written and oral, have been received, and the Board of Trustees will review each comment with the consultants and make amendments as necessary. A final draft of the Code changes will be presented to the Town Board and an additional public hearing will take place before they are enacted as law. As a result, the Board of Trustees has requested to extend the moratorium for an additional sixty (60) days to allow time to incorporate the public comments and issues raised at the public hearings into the final laws, and conduct additional public hearings. Section 2: Enactment of a Temporary Moratorium For a period of sixty (60) days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board within the sixty (60) day period: 1) 2) Section 3: The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential or commercial structure/building on vacant land; The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) APPLICATION 1) Section 4: This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 permit from the Board of Trustees of the Town of Southold for any new a residential or commercial structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97) EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish; 2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and wildlife; 3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture; December 16, 2003 Southold Town Board 21 4) the ordinary and usual maintenance or repair of a presently existing permitted building, dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or structure; 5) the construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the existing bulkhead; 6) repair or renovation to existing residential or commercial building or structures; 7) accessory structures above the high tide line; 8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction. Section 5: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 97 of the $outhold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority; In particular, this local law supercedes $outhold Town Code Chapter 97 sections 97-20, section 97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of Trustees act upon, hold hearings on, and make decisions concerning applications. Section 6: APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial structure or building. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation, including a certified engineers report. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 7: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #838 Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby waives the six (6) month waiting period for health insurance benefits for all elected officials, effective immediately. December 16, 2003 Southold Town Board 22 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #839 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 Y. Horton to execute the "Proposal to Create & Manage Self-Insurance Program For All Motor Vehicle/No Fault and General Liability Claims Together with all Professional Liability Claims" agreement with Claims Service Bureau of New York~ Inc. dated November 7, 2003 relating to the Town's 2004 insurance, said agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #84O Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes the additional expense for engineering inspection services performed by H2M Group in the amount of $ 6~760.00 to cover the extended time period beyond the original date of completion. SUPERVISOR HORTON: ! would just like to say in regard to this project on Brushes Creek, the bridge was completed on schedule and came in under budget at about $39,000 and that was shepherded solely by our Town Engineer Jamie Richter. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #841 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melanie Doroski to the full-time position of Administrative Assistant in the Southold Town Attorney's Office at an annual salary of $44,287.12, effective December 4, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #842 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-117-4-33 FROM LOW-DENSITY RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. December 16, 2003 Southold Town Board 23 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #843 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lloyd Reisenberg to the position of full-time Network & Systems Administrator in the Data Processing Dept. at an annual salary of $64,320.25, effective January 1, 2004. Vote of the Town Board: Aye: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. No: Councilman Wickham. This resolution was hereby ADOPTED. #844 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, 2003, a Local Law entitled, "A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"~ now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 6th day of January at 5:20 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 a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows: LOCAL LAW NO. 2004 A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unity(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. To date this moratorium has been extended three times, first by six months and twice by 90 days. The current moratorium is set to expire in early February, 2003. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation systems. December 16, 2003 24 Southold Town Board The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator, as well as two planning consultants and two legal consultants. The team was directed to review Town planning goals, past planning studies, and studies that assist the Town Board in achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement (GELS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard look" at the implications and potential impacts of the comprehensive implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a rational and logical implementation strategy to evolve from an organized process. The Town Board authorized the moratorium planning team to proceed with the task and schedule provided to the Town Board on October 8, 2002. The moratorium planning team met on a weekly or as-needed basis to advance the tasks and schedule as authorized by the Town Board. The team completed a number of important tasks, including: · review of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staff to document Town characteristics; · review of technical information and facts to be used in completing the GElS and planning initiative review; · initial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interviews with Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's website for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quality Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GELS; and · three public hearings on the Draft GELS. The Town Board recognized the need to comply with SEQRA, and understands the value of this process. The action was of Town-wide significance and was considered to be a Type I action which is more likely to require an environmental impact statement. As a result, the Town Board adopted a number of documents in conformance with SEQRA, including the following important steps: · classification of the action as a Type I action; · designation of the Town Board as lead agency; · preparation of an environmental assessment form; · issuance of a Positive Declaration; · receipt of a Draft Scope of the Draft GElS and setting of the public hearing; · acceptance of a Draft GELS; and · three public hearings on the Draft GELS. December 16, 2003 25 Southold Town Board Prior to the second extension of the moratorium the Town Board adopted a final scope, completed and accepted the Draft GEIS, scheduled and held public hearings on the Draft GEIS on three separate dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GEIS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three public hearings and kept the hearing process open until July 15th in order to facilitate greater public review and comment. Following the second extension of the moratorium: - a draft Final GEIS was submitted to the Town on August 29, 2003. The Town Board met to discuss this draft on September 4 and September 9, 2003. The text of the draft Final GEIS was revised to reflect the Town Board input. - A Final GEIS and a Notice of Completion of the Final GEIS was issued by the Town Board on September 9, 2003. The public review period on the FGEIS was expanded beyond the minimum 10 days required to the close of business on September 22, 2003. A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of September 23, 2003. Since the adoption of the Findings Statement the Town Board has held a special Town Board meeting on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant issues and possible courses of action. The Town Board voted to extend this moratorium by ninety (90) days on October 21, 2003 effective upon filing with the Department of State. The Local Law extending the moratorium by ninety (90) days was filed on November 17, 2003. The current moratorium is set to expire on February 14, 2004. Since the adoption of the last moratorium extension new Town Board members have been elected. These Town Board members take office on January 1, 2004. Time is needed for these Town Board members to be brought up to speed on the extensive planning and SEQRA work which has taken place to date. Active planning has been and continues to take place. Work is proceeding. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon. Meanwhile the Town continues to face significant development pressure. It is critical that the issues be grappled with in a comprehensive manner, crucial legislative decisions made and those decisions implemented. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation to implement the Town's comprehensive planning additional time is needed beyond the expiration of the ninety (90) day moratorium extension which expires on February 14, 2004. This local law is intended to extend the moratorium for an additional one hundred eighty (180) days from February 11, 2004. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred and Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to Law adopted by the Town Board during the One Hundred and Eighty (180) Day any other Local period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in Southold Town Code § A-106-13. The statutory and locally-enacted time periods December 16, 2003 26 Southold Town Board for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the Southold Town Code where the Planning Board is prohibited from reviewing, processing, holding hearings on and making decisions on because of the provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106- 13; 3) Lot line applications; 4) new or pending applications for the subdivision of a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; 6) new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes of permanent preservation) to either the Town of December 16, 2003 Southold Town Board 27 7) 8) 9) Section 5. Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; a site plan application for a two-family dwelling; a site plan application for a bed-and-breakfast; a site plan application for an accessory apartment(s); CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such December 16, 2003 Southold Town Board 28 request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of {}Al 06-25 , {} A106-27 and Articles II! and IV of Chapter Al06 of the Southold Town Code. c. All such applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public_hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect on February 11, 2004 after filing with the Secretary of State. COUNCILMAN RICHTER: The extension of this moratorium has weighed pretty heavily, since we have got a packed house, moratoria, ! believe, is a very serious, serious imposition on landowners. We have now entered into 18 months of moratoria in this area. Basically, when you, we keep extending this, you are at 18 months or we will end up at 18 months, we are telling the landowners that you continually cannot use your land. ! have wrestled with this on how ! was going to vote this evening, because ! think it is extremely important. Not only to the landowners but to people of the Town of Southold. ! would really like to vote no, but my conscience says that there has to be a resolve to the way that we live out here and our quality of life, so we need to continue it. A very difficult decision because as ! said before, moratoria is very serious but our quality of life is way too important out here and so, ! just needed to mention it. We need to move forward and find a solution to this issue. COUNCILMAN MOORE: ! would like to weigh in, ! am going to vote in the same way that Craig has indicated. The problem, however, is that the Board is talking about a handful of voluntary measures which depend upon a willing owner to come in and negotiate with the Town, whether it is the sale of development rights, entering into a non-existing RID, any other conservation sub-divisions, you name it, ! am told that we are doing 18 acres of savings for every one acre that is being built and that there is nothing to worry about, that all we need is tracking. So there are members of the Board here that are not committed to taking some very aggressive steps to do what, obviously several of us think were very, very important, it would be inconsistent to say 'don't extend the moratorium'. My only concern, however, is that granting and we are not granting the moratorium extension tonight, this is simply setting the public hearing for the Board in January to consider extending it, so the comments that ! make tonight may very well be repeated again by others or myself urging this Board to commit to serious land preservation. Voluntary measures are fantastic, they are not going to solve our problem here in Town and if we are not going to put some mandatory tools into the code, then ! can't December 16, 2003 29 Southold Town Board understand why we are doing the moratorium. But to put this into public debate in January, I will say yes on the vote. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. COUNCILMAN WICKHAM: During the work session this morning, the Board discussed one more possible resolution that did not find its way onto the agenda. It has to do with the request of a party in Cutchogue to seek a waiver from the moratorium on subdivision and I think there was an agreement on the part of the Board to let this come to a resolution this evening and I will read it. #844B Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 p.m., January 20, 2004 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 Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of Southold" for the minor subdivision of the Estate of Pawluczyk, located on, 26170 Route 48, Cutchogue, and identified by SCTM # 1000-84-5-4. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. SUPERVISOR HORTON: Okay, this brings us to the close of our resolutions at this point, we will move forward with our public hearings. The first public hearing we have on the docket is scheduled for 5:00 this afternoon, and it is in relation to creating a new Chapter 39 Domestic Partnerships of the code of the Town of Southold. Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is recessed for the purpose of holding four (4) public hearings; (1) HEARING ON "A LOCAL LAW CREATING A NEW CHAPTER 39 'DOMESTIC PARTNERSHIPS' OF THE CODE OF THE TOWN OF SOUTHOLD"; (2) HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000-117- 4-33 FROM LOW DENSITY RESIDENTIAL (R-40) TO HAMLET BUSINESS (HB)"; (3) HEARING ON "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 MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT and (4) HEARING TO CONSIDER AMENDMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. December 16, 2003 Southold Town Board 30 #845 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of November 2003 a Local Law entitled "A Local Law creating a new Chapter 39 'Domestic Partnerships' of the Code of the Town of Southold"; and WHEREAS a public hearing on the aforesaid Local Law was held on the 16th day of December 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law: LOCAL LAW NO. 27 OF 2003 A LOCAL LAW creating a new Chapter 39 "Domestic Partnerships" of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Legislative Intent The Town of Southold has an interest in strengthening and supporting all caring, committed and responsible family forms and this has led to the definition and recognition of "domestic partnership" as a relationship and family unit. This article establishes a mechanism for the public expression and documentation of the commitment reflected by the "domestic partnership" whose members cannot or choose not to marry. It is appropriate and fair that certain of the societal privileges and benefits now accorded to those who are members of a marriage be extended to those who meet the qualifications of a domestic partnership. The mechanism established by this chapter will facilitate the definition of those entitled to such privileges. SECTION 2. This local law creates a new Chapter 39 entitled "Domestic Partnerships" by inserting the following underlined words. CHAPTER 39 DOMESTIC PARTNERSHIPS § 39-1. Title. This chapter shall be known and may be cited as the "Town of Southold Domestic Partnership Law." § 39-2. Purpose and obiectives. A. The Town's interest in strengthening and supporting all caring, committed and responsible family forms has led to the definition and recognition of "domestic partnership" (explained below) as a relationship and family unit. B. This article establishes a mechanism for the public expression and documentation of the commitment reflected by the "domestic partnership" whose members cannot or choose not to marry. C. It is appropriate and fair that certain of the societal privileges and benefits defined in this new legal relationship be available to Southold Town residents. § 39-3. Requirements. A domestic partnership shall exist between two persons if the following is true: The persons are not related by blood closer than would bar marriage in the State of New York. Neither person is married. Both persons are 18 years of age or older. Both persons are competent to enter into a contract. The persons declare that they are each other's sole domestic partner. December 16, 2003 Southold Town Board 31 F. The persons currently share a primary residence within the Town of Southold and declare that they intend to do so for the indefinite future. G. The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, "mutual support" means that they contribute mutually to each other's maintenance and support. H. Both persons agree to file a termination of partnership if there is a change in the status of their domestic partnership. I. The persons shall file a statement of domestic partnership as set forth in this chapter and pay the required fee. § 39-4. Statement of domestic partnership. A. Contents. (1) Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the Town Clerk a statement of domestic partnership. (2) The statement shall be signed under penalty of perjury and shall include the date on which the persons became each other's domestic partners and the address of both partners. This address shall be the primary residence that the persons share within the Town of Southold. The domestic partnership statement shall further state that the domestic partners comply with the requirements of {}39-3 of this chapter. B. Amendment of domestic partnership statement. Partners may amend the statement at any time in order to change an address by filing an amended statement. C. Termination of domestic partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination statement must declare, under penalty of perjury: (1) The domestic partnership is terminated; and (2) A copy of the termination statement has been mailed to the other domestic partner. D. New statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six months after the termination statement of a previous partnership has been filed with the Town Clerk. § 39-5. Filing of statements; fees. Anyone who has signed a statement of domestic partnership may file it with the Town Clerk. The statement of domestic partnership, termination statement or amendment of domestic partnership statement shall not be deemed effective until filed with the Town Clerk according to the provisions of this article. A. Form of statements. All statements relating to domestic partnerships shall be notarized and executed as declaration made under penalty of perjury. The Town Clerk shall provide forms as necessary to interested individuals. B. Fees for statements. The Town Clerk shall charge a fee for the filing of a domestic partnership statement and a fee-for the filing of termination statement. The payment of the above fee entitles the person filing a statement on behalf of the domestic partnership to two copies of the statement certified by the Town Clerk. Certification of additional copies at that time or at any other time shall be available for a cost per copy. Fees shall be determined by the Town Board by resolution. SECTION 3. Severability. If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. December 16, 2003 Southold Town Board 32 SECTION 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. SUPERVISOR HORTON: I would just like to say that I heard a comment in regard to the raising of children and I jotted a thought down and I will read it. That was in regard to the raising of children. I am thankful to the scores of domestic partners I know that have adopted abandoned children and raised them as their own to become decent, productive, community minded citizens. COUNCILMAN MOORE: I would just like to make one note of thanks to the Anti-Bias Task Force for the work they did and for bringing it to us. So I thank you. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #846 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-117-4-33 from Low- Density Residential (R-40) to Hamlet Business (HB); 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# 1000-117-4-33 FROM LOW-DENSITY RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)"; and WHEREAS, a Public Hearing was held on this Local Law on the 16th day of December, 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 28 OF 2003 BE IT ENACTED, by the Town Board of the Town of Southold as follows: "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-117-4-33 FROM LOW- DENSITY RESIDENTIAL (R-40) to HAMLET BUSINESS (HB)" Section 1. Legislative Intent. The Southold Town Board intends to correct an error on the present zoning map, as the incorrect zoning designation was attached to parcel SCTM# 1000-117-4-33 when the current zoning map was adopted in 1989 pursuant to the master plan. Section 2. Enactment. The Town Board of the Town of Southold hereby changes the zoning district designation for SCTM# 1000-117-4-33 from Low-Density Residential (R-40) to Hamlet Business (HB) District Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. December 16, 2003 Southold Town Board 33 #847 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold, on the 2nd day of December, 2003, "A Proposal to Amend the 1998 Community Development Block Grant Budget", and WHEREAS the Town Board of the Town of Southold held a public hearing on the amendments at which time all interested persons were heard, now therefore be it RESOLVED that the following amendments be made to the 1998 Community Development Block Grant Budget: Current New Project Budget Increase Decrease Budget Rental Property Rehabilitation $12,000 -0- $12,000 -0- Home Improvement Program $23,329.73 $12,000 -0- $23,329.73 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was hereby ADOPTED. #813 Moved by Supervisor Horton, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the 2004 Community Development Block Grant Budget and authorizes Supervisor Horton to sign the Individual Proiect Applications. Administration Housing Rehabilitation Oysterponds Park FSL/NFELC Child Day Care Project Robert Perry Child Day Care NFHA Dominican Sisters CAST 2004 Community Development Block Grant Program Proposed Budget $23,900 $44,300 $36,800 $36,800 $ 7,500 $ 5,000 $ 5,000 $ 5,000 TOTAL $164,300 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #848 Moved by Justice Evans, seconded by Councilman Wickham, December 16, 2003 34 Southold Town Board 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, a Public Hearing was held on this proposed Local Law on the 16th day of December, 2003 at which time all interested persons were given the opportunity to be heard thereon; and WHEREAS the Town Board has determined that it is not in the best interest of the community to proceed with the application for change of zone; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby denies the request of Amerada Hess to change the zone from Marine 1 (M-l) to General Business (B). COUNCILMAN MOORE: ! want to make a couple of points here and don't worry about how the vote comes out. ! think what ! am going to talk about though, is the need for a more comprehensive look at the zoning down there. ! asked the question of the applicant, can they not redesign and re-develop under the existing zoning, ! encourage you to take a look at that question. John just asked me if you, in fact, could put up a canopy up under existing zoning. ! do not know the question to that, you might want to examine that. Let me just read a sentence here, ! believe you may have read it, Mr. DeNicola, and that is what the M zone is about down there and then you can decide if the M zoning makes sense there because in all honesty, if somebody walked in and said they wanted to do a marina, ! think the room would be packed again with saying the adverse impact on James Creek would be extreme. So just let me read this for you, 'the purpose of the M-1 zone is to provide a waterfront location for a limited range of water dependent and water related uses' and they have set forth down there, 'those uses which require or benefit from direct access to or location and marine or tidal waters'. So you have got to question yourself, if the M zone makes sense on that piece of property. That is a fair question to ask. ! don't understand the Planning Boards going from one side to the other but ! don't think that we ought to address our zoning on an ad hoc basis; applicant here, applicant there and try and fix it. So my suggestion is go back and take a comprehensive look. The map is just in a process of being finished because of all the GIS system computers and taking old maps and old lines and make them fit. The Planning Board can go back and give true professional opinion as far as, with hamlet input please, what that community ought to look like. And there is a place for gas stations in our communities and Love Lane is beautiful but marine zoning there doesn't necessarily make an awful lot of sense, so, that is the only observation that ! want to make. COUNCILMAN WICKHAM: ! do not support this resolution, we have just embarked on a study of the hamlet centers of Mattituck and other hamlets, TOWN CLERK NEVILLE: It is to deny. COUNCILMAN WICKHAM: Oh, ! do. Excuse me. ! do support the denial. We are embarking on a proposal to study and ! don't want to make any change until that study is completed. COUNCILMAN RICHTER: Well, it seems like nothing is going to be easy, even at the last meeting. Quite frankly, the argument for the change of zone is made. You look at the zoning map of that area and as Councilman Moore just read, the M-1 zone, the purpose, the extent of that M-1 zone to where its current location is on the Hess property, ! am not so sure that it makes sense. It does not back up to wetlands, tidal areas, it is on the Main Road in Mattituck. Hess is not bringing people to town. Convenience stores, gas stations, provide a service for people. They are not coming from Riverhead to Mattituck for a Hess store. ! think what Councilman Wickham just said makes sense, ! think a few other people have alluded to tonight with a possible intense study of the Mattituck area, especially that seems to be getting the current influx of people and stores and so forth into our town. Actually growth from the Riverhead area coming our way and trust me, it is coming. But on the other hand, ! think December 16, 2003 Southold Town Board 35 without a study being done, I think it should stay currently the way it is zoned, there is argument for the other side. Yes. COUNCILMAN MOORE: No. COUNCILMAN RICHTER: No, which one... COUNCILMAN MOORE: I am sorry, my fault. It is a resolution written in the negative, which is a confusing way to write it. COUNCILMAN RICHTER: It is written in the negative, which is different than what we usually have. Yes means denial. UNIDENTIFIED COMMENT FROM AUDIENCE: In other words, you want to keep it the way it is and then look into it? COUNCILMAN RICHTER: I think that they make a very legitimate argument here because they are a big corporation, because they are national or international does not mean that we should say no. Everybody has a right in this country but until that study is complete, stay the way it is. COUNCILMAN ROMANELLI: I am going to agree with a lot of what Craig said. I actually believe that this location could use a bit of improvement esthetically, the existing Hess building that is there is not pretty, and I questioned Bill half way through; could they still do a canopy on this property as an M-1 parcel. I don't know, I am not quite sure. So I am going to vote no. COUNCILMAN WICKHAM: In other words... COUNCILMAN ROMANELLI: I would change it. COUNCILMAN RICHTER: You are in favor of change. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. No: Councilman Romanelli. This resolution was duly ADOPTED. SUPERVISOR HORTON: Actually, could you maybe just stay put for a moment? Could everybody just stay put for a moment? I have two more proclamations that I would like some public here for these two proclamations. These are the final two proclamations of the evening and of the year, I think, I am pretty sure. This first proclamation is on behalf of the Town Board, this is in recognition of two of our colleagues on the Board that are regaining their status as official civilians. This proclamation is for Councilman William D. Moore. WILLIAM D. MOORE, a most dedicated official of the Town of Southold, is retiring public service on December 31, 2003; and 14~ H E REA S · 14?ILLIAM D. MOORE has given generously of his time and provided faithJhl service to the residents of the Town of Southold as Councilman since danuary 1, 1996; and 14~ H E REA S : COUNCILMAN MOORE'S record of unwavering service and diligence to duty to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; now, therefore be it R E S 0 L I"E D' that the Town Board of the Town of Southold hereby expresses its sincere appreciation to 14?ILLIAM D. MOORE for his unselfish and untiring efJbrts on behalf of the Town and extends their best wishes for the years ahead; and be it further December 16, 2003 Southold Town Board 36 R E S 0 L VE D: that a copy of this resolution be presented to COUNCILMAN MOORE and entered into the permanent records' of this Town Board meeting. DA TED : December 16, 2003 Supervisor Joshua Y. Horton Councilman John M. Romanelli Councilman Thomas H. Wickham Justice Louisa P. Evan Councilman William D. Moore Councilman Craig A. Richter Town Clerk Elizabeth A. Neville SUPERVISOR HORTON: And this next proclamation, this is for Craig A. Richter. CRAIG A. RICHTER, a most dedicated official of the Town of Southold, is leaving public service on December $1, 2005; and WH E R E A S · CRAIG A. RICHTER has given generously of his time and provided faithJhl service to the residents of the Town of Southold as Councilman since danuary 1, 2000; and }VH E R E A S : COUNCILMANRICHTER'S record of unwavering service and diligence to duty to the Town of Southold deserves the sincere gratitude of those with whom and for whom he has served; now, therefore be it R E S 0 L VE D' that the Town Board of the Town of Southold hereby expresses its sincere appreciation to CRAIG A. RICHTER for his unselfish and untiring effbrts on behalf of the Town and extends their best wishes for the years ahead; and be it further R E S 0 L VE D ' that a copy of this resolution be presented to COUNCILMAN RICHTER and entered into the permanent records of this Town Board meeting. D A T E D · December 16, 2003 Supervisor Joshua E Horton Councilman John M. Romanelli Councilman Thomas H. Wickham Justice Louisa P. Evan Councilman William D. Moore Councilman Craig A. Richter Town Clerk Elizabeth A. Neville SUPERVISOR HORTON: And before we depart, ! am going to turn the floor over to both Councilman Moore and Councilman Richter. If they care to address the Board and the public. December 16, 2003 Southold Town Board 37 COUNCILMAN MOORE: Thank you. I will be really brief. I wanted to thank everyone with whom I have worked, the staff that serves this community is fantastic. From Highway to Scavenger Waste to Human Resources to the Police Department and everyone in Town Hall, it is real easy to say a bunch of bureaucrats and they get overpaid and under-worked and everything else, we have got a great group of people who serve the Town day in and day out, year in and year out. It has been my pleasure to get to know them and to work with them. To the Town Board, I want to thank you for many opportunities for great, spirited debate. There are many opportunities were we had great disagreement, and I would like to close by saying, there was occasion yesterday were I happened to engage in prayer with someone and they were talking about leadership in our community and leadership in our country and the person asked for our leaders to work with humility, with sincerity and with honesty. And if anyone who serves in public office can abide by those, the community will be well served. Lastly, I want to thank the people of the great Town of $outhold. My kids were 4 and 6 when I took office, they are now 12 and 14 and that is a benchmark or a timeline of activity to show that I have been around for a while and they deserve my attention, I look forward to getting and spending more time with them and keeping an eye on their boyfriends and all the things they are going to be doing to drive their mother crazy. But I want to thank you all from $outhold for allowing me the opportunity to fulfill a dream and that was to serve the public in this capacity, so thank you all so very much. COUNCILMAN RICHTER: Trust me, this is going to be short. SUPERVISOR HORTON: I don't trust you. COUNCILMAN RICTHER: That is a good thing. First of all, Mrs. Egan, I am going to miss you. I, too, would like to thank the employees of the Town, the number of new acquaintances and friendships that ! have made over the last four years, it is really worth something. It has helped me grow, it has helped me to achieve a few new hurdles and to see a few things from a little bit different aspect. ! don't always agree but that is okay, it is a learning process. To the Councilmembers, to Greg, to Betty, the people that are up on the dais, thank you again for the heated debates at times, thank you for the friendship and the expansion and the learning. It was very interesting. ! truly believe in the democracy of this country, that is something that is real important to me. ! believe that we have the best system in the world, ! think people have the right to speak and ! think it is shown in a local setting such as this. The residents of this Town are great. ! have lived here all my life, and hopefully ! will pass on many years from now naturally, in this town. ! have really enjoyed working with the different people, the different committees that ! have been on, numerous many people, numerous new people that ! have met coming into our Town. Thank you very much. SUPERVISOR HORTON: Actually, Mr. Strange, you were here to address the Board? I was not forgetting Mr. Strange. HARVEY STRANGE: Harvey Strange is my name. I live in Greenport. I work for Southold Town Highway Department for 33 years, retired. ! have numerous complaints about two men that got fired. One for Southold Town Highway and one down to the disposal area. You are supposed to be an equal opportunity employer but ! say that now you are unequal employer. It is not right, for what you have done. These men should have had decent hearings on this. CSEA, ! was a member of it when ! was at the Southold Town Highway Department, ! was in negotiations. That was CSEA then, it was good. December 16, 2003 38 Southold Town Board But now they are not much, no more. When men have their time almost taken away from them, after they have worked plowing snow and salting and sanding, like I used to do. These two men that I am talking about was coerced and plus they were told that if they didn't sign, part of their benefits might be taken away from them. So, these men again, who are James Day and Melvin Hubbard, Melvin Hubbard from the disposal area and James Day from the Southold Town Highway Department, they are Afro-Americans. It is not right for what you have done, they need their jobs back. These men have been there for 18 years and one has been there for 15 years. Get rid of them like this? No. Not by the Town Attorneys, not by CSEA attorneys, I told them now that they need their own lawyer. This is not finished yet, we can go on a little bit more than this. I know how to get the rest of the people here to go against it, it is not right. While some of you Board members have been on it, Mr. Wickham, I know you didn't participate on this because you are the one who hired Aaron on Southold Town Highway. That's when Ray Jacobs was Superintendent of Highways. Ray Jacobs never hired Aaron, you hired Aaron. So, I mean this is conspiracy here now. The men need their jobs back. Freedom of speech? Yes. Equal opportunity, yes. Give them their jobs back. These men have been there a long time, don't do this to them. It is not right. But like I said, it is not finished with yet. If it don't, then we are going to go even a little further yet. Josh Horton, they say you wasn't there. But some of you people was there. SUPERVISOR HORTON: I am sorry. What, Josh Horton said nothing of that nature. MR. STRANGE: Well, you wasn't at the meeting. When they had these men at the front of the desk, talking to these men about this. But some of them was there. And I say, it is still not right. So let this equal opportunity thing get right here. Especially for Southold Town. You don't need the notoriety here. It is bad. I am telling you. So let's get together on this and get these men back their jobs. (Inaudible) didn't do wrong. If anything came up, if you look at your contract they give a year leave of absence to give rehabilitation, their job is frozen and then they come back to their job. Just get rid of them like this, one man they said that he lost all of his time. He had proof that he had time left. You get rid of the man like this. I worked for the people 33 years, retired. Come on. So like I says, give the men back their job or else there is going to be more than this. SUPERVISOR HORTON: Thank you, Mr. Strange. MR. STRANGE: Right, okay. SUPERVISOR HORTON: Would anyone else care to address the Board? Yes, Mrs. Sweeney? CARMEN SWEENEY: I am Carmen Sweeney, from Mattituck. I don't know whether you saw the recent article in Suffolk Times, 'Sleepless in East Marion'? Where the people are complaining about noise from the Blue Dolphin, just reading from it includes pushing for the Town to impose limits on hours that businesses can offer amplified music. Southold Town does not have a local noise control ordinance in its Code. Police Chief Cochran said, Building Department Director Mike Verity, there is no code against it and Ed Forrester. I was wondering why I was arrested in my driveway, my radio was in my house, I don't have an amplifier, it is a regular radio, by three police officers, one drawing a gun. I was handcuffed, I was put in jail for three days. I know have seven criminal offenses that I have to face. I have been arrested three times because I play my radio at 7:00 at night when I pull into my driveway from work I am arrested. If I turn it on when I leave in the morning, I am arrested. If I December 16, 2003 Southold Town Board 39 do my lawn and ! put on the Yankee game in the summertime at 2:00 in the afternoon, ! am arrested. Why if there is no code in this, why am ! the only one singled out... SUPERVISOR HORTON: Mrs. Sweeney. MRS. SWEENEY: And ! only play classical music when ! do play. SUPERVISOR HORTON: Mrs. Sweeney, ! don't know, your choice of music is not in judgment. MRS. SWEENEY: No but have you heard the music that some of the kids play? SUPERVISOR HORTON: ! don't know the particulars of your, we need a noise ordinance out there. MRS. SWEENEY: Arrest them. SUPERVISOR HORTON: Mrs. Sweeney, ! don't believe that any of the issues surrounding your circumstance are in any relation to a noise ordinance. MRS. SWEENEY: Oh, well it is. That is what my doctor said. Nobody gets arrested for having their radio on when they pull in their driveway. Believe me, they do. ! can give you the papers on it from Judge Bruer and ! also paid $1,000 bail, ! had to pay $500 on it. 1999, the case hasn't been brought up and ! haven't gotten my $500 back. And they keep saying they can't put the case up because the DA this, because my lawyer was killed in an accident but they bring up other cases. They haven't brought this one up because they know that they haven't got a case and ! can't get my money back. This is 1999, this is 2003 and they haven't found time to bring this case up and ! can't get my $500 back. ! am the only one in this Town of Southold that has ever been arrested for having her radio on as she pulls in the driveway. ! am sure that ! am the only one. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Sweeney. Mr. Bell. PETE BELL: Pete Bell, Cutchogue. ! am sure that most of you have faced this problem that when you want to make a left turn or someone else wants to make a left turn, you veer over to the right and you cross that white line. Because of daylight savings time and it is dark around 4:30, 5:00, ! was wondering if the farmers particularly could get in touch with the Highway Department and get reflective vests for the people that are off work at 4:30, 5:00 and coming home from work. And the other one that any kid in the school that comes to school with a bike and uses one of those places for a bike, he should be required to wear a reflective vest so that we don't face the problem of running these people down. SUPERVISOR HORTON: That point is well made. Thank you very much. Moved by Supervisor Horton, seconded by Councilman Richter, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 8:11 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. December 16,2003 Southold Town Board This resolution was duly ADOPTED. 40 SUPERVISOR HORTON: Thank you and Happy Holidays to everyone. * * * * * rn~";&?Zi10 7(~,(;&, Elizabeth A. Neville Southold Town Clerk *