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Home My WebLink AboutTB-05/10/2005SOUTHOLD TOWN BOARD REGULAR MEETING May 10, 2005 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, May 10, 2005 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan SUPERVISOR HORTON: Good evening and welcome to the May l0th public Town Board meeting of the Southold Town Board. Would you please rise and join with me in the Pledge of Allegiance. If we could remain standing and observe a moment of silence for the two EMT's that were lost last week. We will proceed with the meeting. It is the policy of the Town Board to afford several opportunity for the public to make comments to the Town Board on a whole host of items prior to voting on any of the resolutions, we will off'er the floor to the public to address the Town Board on specific resolutions. In addition, I believe we have two public hearings this evening, at which point after we officially recess and convene into public hearings, we will off'er the floor to the public to address the Town Board on the specific public hearings, there are two pieces of legislation that are on this evening. And just prior to the conclusion of the meeting, we off'er the floor to the public to address the Town Board on general town business. We have reports, public notices, communications and other pieces of correspondence available for the public to review at the Town Clerk's office, which is open Monday through Friday May 10, 2005 2 Southold Town Board Meeting 8:00 A.M. through 4:00 P.M. and moving forward, prior to, actually, why don't we move forward with our approvals and then we will move to our presentation. 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 bills in the amount of $191,093.44; General Fund Part Town bills in the amount of $26,015.59; Community Development Fund bills in the amount of $3,063.70; Risk Retention Fund bills in the amount of $81,459.61; Capital Projects Account bills in the amount of $169,926.76; Community Preservation Fund (2% tax) bills in the amount of $273,787.25; New London Terminal Project bills in the amount of $15,834.25; Employee Health Benefit Plan bills in the amount of $9,626.88; Fishers Island Ferry District bills in the amount of $72,301.84; Refuse & Garbage District bills in the amount of $32,234.66; Southold Wastewater District bills in the amount of $28.85; Southold Agency & Trust bills in the amount of $13,064.83 and Fishers Island Ferry District Agency & Trust bills in the amount of 4,187.55. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the April 12, 2005 Southold Town Board Regular Meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Town Board Work Session be held Tuesday May 17, 2005 at 2:00 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, May 24, 2005 at 4:30 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Southold Town's Program for the Disabled - May through August 2005 2. Recreation Department April 2005 3. Southold Town's Program for the Disabled April Events 2005 4. Island Group Claim Lag Report April 1, 2004-March 31, 2005 Claims May 10, 2005 Southold Town Board Meeting II. PUBLIC NOTICES None III. COMMUNICATIONS None SUPERVISOR HORTON: And before moving on with our agenda to the resolutions portion of the meeting, we have a presentation this evening. I would like officers, actually we have on the agenda recruits and that is inappropriately listed. Forgive us. Officers McNamara, Jacobs, Wilinski and Buonaiuto. We have this evening several officers officially joining the Southold Town Police Department. They were actually hired in the fall and placed in the Suffolk County Police Academy. The training facility offered by the county for new officers and we are very pleased to have these gentlemen with us. These officers joining the Town actually officially marks a new era of law enforcement for the Town of Southold inasmuch as bringing the police department staffing levels up to what we feel are now appropriate levels. Since the Town assumed the responsibility of policing the Village of Greenport in 1995 I believe it was, since then our staffing levels virtually remained the same but we took on an entirely new community and what we believe should be treated as its own sector. And this year we will actually be able to provide coverage, public safety coverage, law enforcement and response coverage to the east end and Greenport treated as their own sectors. And we think that will provide an added service to the residents of the east end town as well as enable the Police Department under the guidance of Captain Flatley and Chief Cochran to enact some innovative law enforcement goals, namely what we refer to as the COPE unit, this has also enabled us to bring on a canine unit and we have also as a result of having additional officers, who are here this evening, we have also been able to expand our Juvenile Aid Bureau from one to two officers. So they will actually be able to do a better job of getting into the schools and working with the youth in the community prior to them being introduced to the Police Department in perhaps a fashion that we prefer they not be. So we say through education (inaudible). Congratulations. Nicely done and welcome to the Southold Town Police Department. Thank you very much. We look forward to great things from all of you. And what I always tell the people that come to the presentations at the beginning of the meeting, once your presentation is finished, please don't feel obligated to stay. You are more than welcome to stay but it is not a requirement. Have a great evening. Thank you. Okay. We will move on with our resolutions. Would anyone care to address the Town Board on specific resolutions? Yes, Mrs. Egan? JOAN EGAN: Good evening Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Mrs. Evans, Mr. Wickham, Mrs. Neville and Mrs. Finnerty. I left a bar of soap up there in case anyone wanted to wash their hands or their mouth out. I will get it before I leave. SUPERVISOR HORTON: Thank you, Mrs. Egan. Resolutions? MS. EGAN: May I make one comment before I go forward? I know you don't have the justice reports on this one, you do that on the first meeting of the month or....? SUPERVISOR HORTON: Not necessarily the first meeting of the month but we post the reception or that we have receipt of the justice report... MS. EGAN: Pardon? May 10, 2005 4 Southold Town Board Meeting SUPERVISOR HORTON: We post receipt of the justice report when it is actually filed, so the justice report, I would imagine would be on the next meeting. MS. EGAN: Well, unfortunately I was going to stop by at Mrs. Neville's office and review it today and it is just as well I didn't. I will do it before the next Town Hall meeting. Everyone should take advantage of it... SUPERVISOR HORTON: Mrs. Egan, if you would address the Town Board on resolutions. MS. EGAN: Well, that is part of the Town Board. Now, this #279, Everett Corwin. What is this? The appointment of Everett Corwin. SUPERVISOR HORTON: He is being hired as an automotive equipment operator for the Highway Department. MS. EGAN: Good. Now, he is union? SUPERVISOR HORTON: Once he is hired, he will be a member of the CSEA. That is correct. MS. EGAN: Have we signed the union contracts? SUPERVISOR HORTON: No but we did send back a proposal to the CSEA and I believe they met last night and we are looking forward to their response and we are confident that what we sent back will be agreeable to the union. MS. EGAN: Well, I have heard that music here played for over what? Two years? SUPERVISOR HORTON: Well, you asked and that is the answer, Mrs. Egan. MS. EGAN: So that is where it is at. SUPERVISOR HORTON: Yes. MS. EGAN: Now, these little.., what is that noise? SUPERVISOR HORTON: What noise? MS. EGAN: Now, these little seminars that we send people up on, #280, the one for Valerie Scopaz, that is good. The others, I don't know. If it doesn't cost us too much money but to go up to Mineola, I am sure it costs the Town a couple of hundred bucks. And that is the same for #282, now this is something, oh yeah, 282, that is violence in youth group sports and gang awareness for the recreation workers. Now, this is again, I will refer to Mrs. Finnerty that we get something into the .... SUPERVISOR HORTON: Mrs. Egan, will you please address the Board? May 10, 2005 5 Southold Town Board Meeting MS. EGAN: .... that you get me and maybe Mrs. Finnerty together, that we get something out to the people about the Child Protection Agency and how people can help themselves .... SUPERVISOR HORTON: Are there other resolutions, Mrs. Egan. MS. EGAN: Now, 283, well, that is used cars. Now, Pirates Marine, 284, where are they from? JUSTICE EVANS: Fishers Island. SUPERVISOR HORTON: Fishers Island. MS. EGAN: Oh, they are located in Fishers Island? Good. That is fine. Now, oh, hire Robert O'Brien, is he a local? SUPERVISOR HORTON: What resolution? MS. EGAN: That is 289. What is P.E. stand for? SUPERVISOR HORTON: I believe Physical Engineer. MS. EGAN: And where is he from? TOWN ATTORNEY FINNEGAN: Laurel. SUPERVISOR HORTON: I believe he, yeah, I didn't know if he was in Riverside... MS. EGAN: From New York....we can't get someone .... TOWN ATTORNEY FINNEGAN: He is from Southold. He is from Laurel. MS. EGAN: Oh, he is from Laurel? TOWN ATTORNEY FINNEGAN: Yes. MS. EGAN: Good. Now I see there are a number of things here in regard to the acquisition and the development of this land back here. What do you really intend to do with it? Do you know? SUPERVISOR HORTON: Land that we are working to acquire directly behind us .... MS. EGAN: Yeah. SUPERVISOR HORTON: ... is to assemble enough land to house a proper Town Hall. A one campus facility. MS. EGAN: Well, I hope something gets done about that so that we can bring all of Southold together because this is ridiculous .... May 10, 2005 6 Southold Town Board Meeting SUPERVISOR HORTON: I agree. MS. EGAN: .... I brought this up, many times people are getting and you are getting the summer people back now and they are getting upset. They come here and they have to go over there. Have the telephone hookups been done yet? SUPERVISOR HORTON: Yeah, all phones are up and working. MS. EGAN: No, I mean ifI call here, can I be patched over there? SUPERVISOR HORTON: No, we don't have the ability to transfer from this building to over there. MS. EGAN: They say that can't be done? SUPERVISOR HORTON: It can be done for a phenomenal cost. It is extremely expensive to do that. MS. EGAN: Well... it seems to me that communication .... SUPERVISOR HORTON: And Mrs. Egan, are there other resolutions? MS. EGAN: No, I would like to pursue this. SUPERVISOR HORTON: Well, what you are asking isn't on a resolution, I am just trying to keep the meeting... MS. EGAN: Well, you are talking about a new Town Hall and we are talking about people and ..... SUPERVISOR HORTON: Mrs. Egan ..... MS. EGAN: .... and we spend an awful lot of money and I don't know how much it would cost but we could economize but I think in the areas of communication... SUPERVISOR HORTON: Mrs. Egan .... MS. EGAN: ... for the taxpayers, it should be done. SUPERVISOR HORTON: Okay. Noted. MS. EGAn: Now, 298, what are we talking about street lights? These new street lights are very expensive .... SUPERVISOR HORTON: This is notice for a public hearing that would essentially require new streetlights and new roads to have a disconnect located in a different part of the light fixture itself, which would lend itself to a, it would be more accessible and in the event of an emergency, it would be safer and easier to access the light fixture and shut it ofl~ May 10, 2005 7 Southold Town Board Meeting MS. EGAN: Now, these new lights, they are quite expensive and unfortunately a lot of our, a lot of people and I am not going to blame it on just the young people because I think it is people of almost any age, popping these lights out and that is very dangerous and it is very expensive to replace. Now, there are a number of these resolutions that I think will all be coming up in the public hearing. That is the height of buildings ..... SUPERVISOR HORTON: That is correct, there are public hearings on for those this evening. MS. EGAN: I think 304, I think 305, I think they are all pretty much the same, so I think that will be it for a while. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. SUPERVISOR HORTON: Mr. Yakaboski. GREG YAKABOSKI: Good evening to the Board. Greg Yakaboski, Southold. Number 289, regarding, just what, do they have to follow up with a Justice Court violation? SUPERVISOR HORTON: Prepare a written report, including photos and videotape in connection with a Justice Court action involving wetlands and coastal erosion violations, yes. MR. YAKABOSKI: Is that... SUPERVISOR HORTON: You answered your own question. MR. YAKABOSKI: It is just in support of the good guys? TOWN ATTORNEY FINNEGAN: Right. In support of our case. MR. YAKABOSKI: Okay. Actually, the next comment is regarding... SUPERVISOR HORTON: With the Town Board not endorsing the comment, "good guys or bad guys." MR. YAKABOSKI: I realize. Point of reference only. Resolutions 291 through 293, all regarding the Town Hall property. SUPERVISOR HORTON: Yes. Not yet but yes. MR. YAKABOSKI: Two questions. One, is there an approved plan building wise .... May 10, 2005 8 Southold Town Board Meeting SUPERVISOR HORTON: We had work done, I believe, probably about eight months ago on a preliminary plan. But the Town Board hasn't gone out to solicit professional services for a final plan or a final proposal. MR. YAKABOSKI: Fair enough. So, I guess if somebody came forward and said 'hey, could you show us what you are thinking of doing over there' SUPERVISOR HORTON: We could show that. MR. YAKABOSKI: You have something to show. SUPERVISOR HORTON: Yeah, we definitely have that. MR. YAKABOSKI: And then the second question is, are there dollars authorized by the Board already for that project. SUPERVISOR HORTON: No, we haven't gone out to bond for that. We don't have bonding authorization. MR. YAKABOSKI: And I just would, with respect to that .... SUPERVISOR HORTON: Prior to authorizing bonds, we would in all likelihood, we would get further plans generated that were more than conceptual and obviously hold a public hearing on the bond. MR. YAKABOSKI: And the question I am raising then with that is, and I appreciate that, Josh, I mean, it makes sense but the, before going out, is there a possibility that those bonds, that funding would not be approved, is that, I can't remember anymore Pat, is, are those types of bonds are they subject to perhaps to permissive referendum, mandatory referendum? Is there a chance they wouldn't pass? SUPERVISOR HORTON: No. The way they wouldn't pass is if the Town Board voted them down. And actually to, the Town Board as you probably recall, having been Town Attorney, the Town Board isn't required to have a public hearing on authorizing those bonds, it is just good policy to do so. MR. YAKABOSKI: I just couldn't remember. Certain bonds vary. SUPERVISOR HORTON: And the Town Board would hold a public hearing but it requires a resolution and a vote of the Board. MR. YAKABOSKI: Okay. With respect to that and just to make a suggestion to the Board, it seems to me, Bill and everybody, that before you go forward taking the gentleman's property and causing, spending money and putting money out there, that if all of a sudden you put forth a plan and 500 people came in and said 'no' it seems like this Board would say no to that and turn that down and I guess it just seems that perhaps the cart is being put before the horse. SUPERVISOR HORTON: You recall the agonizing history of this. May 10, 2005 9 Southold Town Board Meeting MR. YAKABOSKI: Painfully. SUPERVISOR HORTON: The Town Board at one point had the opportunity to swap this land for, what was at one time owned by the North Fork Bank Corporation, the mortgage building. They had the opportunity to swap that and they didn't. MR. YAKABOSKI: Before my time on that one. SUPERVISOR HORTON: Yeah. Before all our time. And then the Town Board or the Town had the opportunity to purchase that for $750,000 and decided not to do that and since that time, the only thing that has happened is the shape of this building has deteriorated, the need for an appropriate Town Hall is looming and larger than life and I think the Town Board, having found temporary quarters at the current North Fork Bank branch in Southold, is resolved to assemble enough land to have a proper Town Hall. MR. YAKABOSKI: I could not agree more with the need and the prudence of putting together a first- rate Town Hall for the people to work. SUPERVISOR HORTON: There certainly is quite a bit of work done on the conceptual plan that actually has costs associated with it, so the Town Board is in a very good position to know what the project would entail. MR. YAKABOSKI: I am sure it is but Louisa, Dan, Bill, John, Tom; my point is this, there have been many projects, probably all of you can think of a specific project in mind, where the Board has thought 'hey we are going to do this' and down the road, something happened and you decided not to do that. My question is and my point being to the Board, bringing it up, it just seems from being on this side of the fence, that moving forward to grab the property, take the property, spend the dollars... SUPERVISOR HORTON: Pay for the property, right. MR. YAKABOSKI: Take it and pay for it, but he is not a willing seller unless it has changed. SUPERVISOR HORTON: Your point is that you think the money, the bond should be authorized before we move with that? MR. YAKABOSKI: I was just thinking having the plan approved by the Town, having the money in place, go do it. It just seems to... SUPERVISOR HORTON: Your point is well-made. MR. YAKABOSKI: Why would you do it that way? Bill? SUPERVISOR HORTON: We understand what you are saying and you have made your point. Are there other resolutions you would like to address? May 10, 2005 10 Southold Town Board Meeting MR. YAKABOSKI: I do. Any thoughts on that, Bill? SUPERVISOR HORTON: Mr. Yakaboski... MR. YAKABOSKI: I had a question for one of the Board members. SUPERVISOR HORTON: Excuse me, Mr. Yakaboski. You asked a question about a resolution, the question has been answered. MR. YAKABOSKI: Josh, and again, I didn't come here to get in a tiff with you, okay? You have one vote on this Board. Louisa Evans is just as powerful and just her voice counts just as much as the Supervisor's voice. Bill Edwards voice counts just as much... SUPERVISOR HORTON: Excuse me... MR. YAKABOSKI: Let me finish, I didn't interrupt you, Josh. Tom Wickham, Dan Ross, John Romanelli, Louisa Evans and Bill Edwards have a voice. They are grown-up people and they can answer the questions. They have as much right to answer the questions. SUPERVISOR HORTON: Mr. Yakaboski, you asked a question about a specific resolution, that question has been answered. MR. YAKABOSKI: To your satisfaction. I just asked what the other Board members thought about it. That is all. What the rationale behind it was. COUNCILMAN WICKHAM: I am satisfied with the Supervisor's position. COUNCILMAN EDWARDS: So am I. MR. YAKABOSKI: Dan? COUNCILMAN ROSS: I don't think this is a forum to cross-examine Board members. I would be happy to discuss the ins and outs of the resolutions with you. I don't think this is the place to do it. I mean, how long can you spend asking particular questions to each of the Board members? MR. YAKABOSKI: It has been about two minutes. COUNCILMAN ROSS: Okay. MR. YAKABOSKI: Dan .... COUNCILMAN ROSS: I am interested in building Town Hall, yes. We need a new Town Hall. MR. YAKABOSKI: Great. May 10, 2005 11 Southold Town Board Meeting COUNCILMAN ROSS: The facts and circumstances, it is going to be a long haul and a difficult haul and I am going to work with the Board along those lines. MR. YAKABOSKI: I am just wondering, you don't have to answer any more. COUNCILMAN ROSS: Thank you. MR. YAKABOSKI: Here is my last thought. Why the Board would move forward without an approved plan ..... SUPERVISOR HORTON: The Board, excuse me, you keep saying without an approved plan, the Board has seen and agreed to the conceptual plans that came with financials attached to it. The Board agreed and it showed, you know, a location that would necessitate that property. So I think the Town Board has really looked at this with a close eye. MR. YAKABOSKI: Then just put the money in place. Authorize the money and I wouldn't be here. SUPERVISOR HORTON: That is another step. MR. YAKABOSKI: Then I wouldn't be here. I am just wondering why you are authorizing ..... COUNCILMAN ROMANELLI: We are taking a different path. MR. YAKABOSKI: That is all. COUNCILMAN ROMANELLI: The idea has been talked about for so long, the Town Hall and different places to go, the needs, for longer than I even care to talk about, alright? So I think that, you know, the need and where it should go has been beaten to death, we found another path, we are taking a path and we are putting the pieces together to hopefully have the right pieces of the puzzle to go forward in the future. That is the path that this Board elected to take. MR. YAKABOSKI: John, you know, I couldn't agree more, I would love to see you guys tonight, next time, put the money in place, authorize it and go. COUNCILMAN ROMANELLI: When we are ready to do that, we will. SUPERVISOR HORTON: And I agree with you, I would like to see that as well. MR. YAKABOSKI: That is all. And Dan, to address about whether it is not a point .... SUPERVISOR HORTON: No, Mr. Yakaboski, this is, this portion of the meeting is dedicated to resolutions. So, please, continue on if you have other resolutions you would like to address. MR. YAKABOSKI: Councilman Ross simply said, Dan I am just wondering when there is a time to interact with the full Town Board, that is all. May 10, 2005 12 Southold Town Board Meeting SUPERVISOR HORTON: 298-1200. You can call him. MR. YAKABOSKI: He is one member. The full Board. That is all. One member. Okay? SUPERVISOR HORTON: Do you have other resolutions you would like to address? MR. YAKABOSKI: I do. I do. I wouldn't want to disappoint you, Josh. Number 302, I think it is an excellent idea .... SUPERVISOR HORTON: Which one now? MR. YAKABOSKI: Number 302. I think it is an excellent idea. Suggestion to the Board so you don't get caught, perhaps on a quarterly, six month or yearly basis, you have somebody, one of your department heads assigned to find out who the contact person with the Navy and on a pro-active basis by the Town, to reach out to that person, just say on a yearly basis. Just so something doesn't slip through the crack. I think it is a terrific idea. SUPERVISOR HORTON: Thank you. MR. YAKABOSKI: Resolutions number 304 and 305, which is the reason I came in tonight. Those are regarding the height of residential structures, Josh, and the second one is the height and size of the accessory, setbacks of the accessory buildings. In no particular order. Pat, one question I am going to have is whether this should have been an unlisted action, I am not sure at all and I will just get to why in a second. I don't know where each of the Board members feels on this, on this law at all, so I am just going to .... SUPERVISOR HORTON: Neither do we. MR. YAKABOSKI: Okay. A couple of thoughts on it with respect to SEQRA. Not, I will talk at the public hearing. One it is going to affect an awful lot of properly in the Town, also one of the things that SEQRA usually looks at is the comprehensive planning in the Town, one of the major issues in town is the affordability of the Town. I will just use myself as a personal reference, versus any other properly owners in town. I have a very small house, very small lot. Big family. SUPERVISOR HORTON: Growing family. MR. YAKABOSKI: Getting bigger. One way, buying other properly can be cost prohibitive in the Town. One thing that often people rely on is upgrading their existing site. Has the Town taken any look, or have the Town planners taken any look of how this might impact the ability of your, for lack of a better word, population that falls into the affordable criteria, right now I think there are over 4 or 5,000 household incomes in the Town, households who under the income qualifications fall within that criteria of how limiting the height of the structures or the size of accessory structures would impact that. For example, on height in structures, how many bedrooms, you know, might impact a high, you know, how many bedrooms you can get. With respect to accessory structures, the thought process is, one of the big things you get into is storage. How big you can store .... May 10, 2005 13 Southold Town Board Meeting SUPERVISOR HORTON: You are asking if those things were looked at under the SEQRA? MR. YAKABOSKI: Under the SEQRA. So that is where it is under the comprehensive planning aspect of it. That was my only question with respect to SEQRA. TOWN ATTORNEY FINNEGAN: With respect to SEQRA, no, they were not reviewed through the SEQRA process, that was determined to be a Type II. MR. YAKABOSKI: Okay. I will bring it at the public hearing, that was something I wanted to put in the Board's thoughts. SUPERVISOR HORTON: Thank you, Mr. Yakaboski. Would anyone else care to address the Board on specific resolutions? (No response) Then we will move ahead with the resolutions. #279 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 223 of 2005 to change the effective date from April 28, 2005 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Everett C. Corwin to the position of full-time Automotive Equipment Operator for the Highway Department, effective May 12~ 2005, at a rate of $16.8216 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #28O Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry~ Sr. Environmental Planner~ and Bruno Semolk Sr. Site Plan Reviewer to attend a workshop on "Conducting an Effective Site Plan Review and Making SEQRA Work Well", to be held on Thursday, May 19, 2005 from 6:30 p.m. to 9:00 p.m. in Mineola, NY. Travel to be by Town vehicle. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #281 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Valerie Scopaz~ Planning Director~ and Mark Terry~ Sr. Environmental Planner~ to attend a workshop on "Building on the Community Preservation Fund: Complementary Tools to Preserve Water Quality & Wildlife Habitats", to be held on Wednesday, May 25, 2005 from 9:00 a.m. to 1:00 p.m. in Riverhead, NY. Travel to be by Town vehicle. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 10, 2005 14 Southold Town Board Meeting #282 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold grants permission to Recreation Supervisor Ken Reeves to attend the LILSA Spring Workshop: Violence in Youth Sports & Gang Awareness for Recreation Workers on Friday, May 13 at Saint Joseph's College in Patchogue and that the registration expense of $29 be a legal charge to the 2005 budget, line A7020.4.600.200 (Recreation Administration, Meetings & Seminars). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #283 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 Grace Quality Used Cars, 945 Lincoln Highway, Morrisville, PA, in the total amount of $4,022.00 for two (2) used police vehicles (2000 Ford and 1993 Ford.) Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #284 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Pirates Cove Marine, Inc., Fishers Island, New Yorl~ in the amount of $2,089.69 for repair and replacement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island~ New York, as well as repairing and replacing, or returning missing markers that are lost during the season, at a rate of $50.00 per marker, under the supervision of part-time Bay Constables, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2005; foregoing all in accordance with the bid proposal. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #285 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Raymond Cleaves Post 861 Mattituck American Legion to use the following town roads for the Memorial Day Parade beginning at 10:00 a.m. on Monday, May 30, 2005,: Pike Street, Wickham Avenue, Mary's Road, Maple Lane, Westphalia Road, Sound Avenue, and Pacific Street, Mattituck, New York provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Captain Flatley to be contacted within ten (10) days after adoption of this resolution to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 10, 2005 15 Southold Town Board Meeting #286 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Traffic Control Officers for the 2005 season at the rate of $11.97 per hour on or about May 15, 2005: Benjamin Brannon Rory Flatley Gregory Simmons David Steele Evans Griffiths John Helf, Jr. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #287 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of part- th-ne Mini-Bus Driver Sabrina Crenshaw effective May 9, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #288 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED by the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for members of the Town of Southold Housing Advisory Commission, in the Suffolk Times and the Traveler- Watchman newspapers. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #289 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire Robert O'Brien~ P.E. to prepare a written report including photos and video tape in connection with a Justice Court action involving wetlands and coastal erosion violations, pursuant to Mr. O'Brien's letter proposal dated April 28, 2005, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #29O Moved by Councilman Edwards, seconded by Justice Evans, it was May 10, 2005 16 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby amends resolution #264, adopted at the April 26, 2005, regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby increases the hourly rates of the following part time Fishers Island Ferry District personnel as follows, effective May 26, 2005: Benjamin Burdick $11.00 Sean Maginess $9.00 Charles Burgess $28.41 Kyle Markey $9.27 Edward Carboni $9.27 Bruce Millar $9.01 Mark Chanski $11.00 Anthony Mirabelli $21.21 Josh Davis $9.50 John Morgan $15.40 Josh P. Davis $9.01 Joel Morton $8.74 Kyle Davis $9.47 Richard Niedojadlo $10.21 Debbie Dixon $10.13 Stephen Pearl $11.00 Eric Easter $10.50 Kenneth Ricker $22.01 Josh Elsenohn $9.50 Joel Riley $9.50 Nicholas Espinosa $9.50 Bonnie Scott $9.46 Scott Fenton $9.27 Jack Searle $10.63 Nicholas Gauthier $9.01 Russel F. Smith III $9.50 Kyle Gorra $9.29 Benjamin Spilz $9.00 Ryan Gorra $9.50 John Stanford $14.91 Mike Gelman $10.88 Evelyn Stepanek $11.87 David Grote $13.63 Geoffrey Veitch $9.02 John Gural $15.40 Jon-MichaelWalker $10.50 Eugene Henson $23.36 DouglassWilliams $9.00 Steven Jagaczewski $9.50 Claus Wolter $11.60 Tim Keating $21.21 David Yale $9.50 Henry Kopij $14.96 Matthew Lynch $11.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #291 Moved by Councilman Ross, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain proceeding, which would result in the acquisition of 0.47X acre of an overall 1.0±-acre, partially-improved property (hereinafter the "260 Hortons Lane property"), which adjoins the existing Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons Lane, such that a new Town Hall Complex could be developed; and WHEREAS, the acquisition of the subject 0.47 acre of property and the development of the new Town Hall Complex would allow the consolidation of all Town of Southold offices on one site, as several Town offices cannot be accommodated in the existing Town Hall building due to space constraints; and May 10, 2005 17 Southold Town Board Meeting WHEREAS, the development of the new Town Hall Complex would include (a) the relocation of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the development of a 24,901±-square-foot Town Hall building, (c) the demolition of a portion of the existing 11,391- square-foot Town Hall building (approximately 4,801 square feet) and the renovation of the remaining building area (approximately 6,590 square feet) to accommodate the Justice Court, and (d) the development of associated parking, sanitary facilities, drainage facilities and other appurtenances; and WHEREAS, pursuant to 6 NYCRR §617.4, the action has been preliminarily determined to be classified as "Type I"; and WHEREAS, pursuant to 6 NYCRR §617.6(b)(3), the Town Board undertook coordinated review of the action with involved agencies; and WHEREAS, no objections were received from the involved agencies as to the Town Board serving as the lead agency in this matter; THEREFORE BE IT RESOLVED, that the Town Board hereby designates itself as lead agency pursuant to the implementing regulations of the State Environmental Quality Review Act, specifically 6 NYCRR §617.6(b)(2) and (3)~ with respect to the above-described proposed action. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #292 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold has initiated an eminent domain proceeding, which would result in the acquisition of 0.47 acre of an overall 1.0±-acre, partially-improved property (hereinafter the "260 Hortons Lane property"), which adjoins the existing Town of Southold Town Hall property, situated on the north side of Main Road, east of Hortons Lane, such that a new Town Hall Complex could be developed; and WHEREAS, the acquisition of 0.47 acre of property and the development of the new Town Hall Complex would allow the consolidation of all Town of Southold offices on one site, as several Town offices cannot be accommodated in the existing Town Hall building due to space constraints; and WHEREAS, the development of the new Town Hall Complex would include (a) the relocation of the existing barn (shed) on the 0.47-acre property to be acquired via eminent domain, (b) the development of a 24,901±-square-foot Town Hall building, (c) the demolition of a portion of the existing 11,391- square-foot Town Hall building (approximately 4,801 square feet) and the renovation of the remaining building area (approximately 6,590 square feet) to accommodate the Justice Court, and (d) the development of associated parking, sanitary facilities, drainage facilities and other appurtenances; and WHEREAS, the Town Board of the Town of Southold, subsequent to conducting a coordinated review, has designated itself lead agency pursuant to the implementing regulations of the State Environmental Quality Review Act ("SEQRA"), specifically 6 NYCRR §617.6(b)(2) and (3); and WHEREAS, the Town Board of the Town of Southold, as lead agency, has received and reviewed Parts 1, 2 and 3 o fthe Environmental Assessment Form ("EAF") for the proposed acquisition of 0.47 acre of property and redevelopment of the Town Hall Complex (prepared by Freudenthal & Elkowilz Consulting Group, Inc., on behalf of the Town Board of the Town of Southold), the associated plans, the State and National Registers of Historic Places, the Traffic Impact Study (prepared by L.K. McLean Associates, P.C.), correspondence from the New York State Office of Parks, Recreation and Historic Preservation, and associated documents, and the Town Board of the Town of Southold fully familiar with the proposed project, the affected property, and the aforesaid materials; and May 10, 2005 18 Southold Town Board Meeting WHEREAS, the Town Board of the Town of Southold, as lead agency, has thoroughly evaluated the aforesaid EAF and agrees with the content thereof; THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold, as lead agency for the action contemplated herein, after review of the proposed action, 6 NYCRR Part 617, the aforesaid documents and the record before the Board, hereby determines that the above-described project is a "Type I" action, pursuant to 6 NYCRR §617.4; and BE IT FURTHER RESOLVED, that based upon the information contained in the aforesaid documents and the record before it, the Town Board of the Town of Southold, as lead agency for the action contemplated herein, and after due deliberation, review and analysis of the proposed plan, the EAF, and the criteria set forth in 6 NYCRR §617.7, hereby determines that the proposed action will not have a significant adverse impact on the environment, and thus, preparation of an environmental impact statement is not required; and BE IT FURTHER RESOLVED, that, based on the foregoing, the Town Board of the Town of Southold, as lead agency, hereby adopts the annexed "Negative Declaration." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #293 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS, upon due notice the Town Board of the Town of Southold held public hearings pursuant to Article 2 of the New York State Eminent Domain Procedure Law on January 5, 2005 and April 19, 2005 at the Town Hall with respect to the proposed acquisition of premises located in the hamlet of Southold and lying east of Horton's Lane and north of the location of the existing Town Hall facility, comprising the eastern portion (approximately one-half) of premises reputed to be owned by George and Margaret Stankevich, identified on the Suffolk County Tax Map as District 1000, Section 61, Block 1, Lot 3, to inform the public and to review the public use to be served by the acquisition and to review the impact of the acquisition on the community; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold makes the following Findings and Determination: FINDINGS AND DETERMINATION 1. The acquisition will benefit the public, in that the space available in the existing Town Hall is insufficient to serve the general public needs of the community, in that existing offices are overcrowded, basement areas of the existing Town Hall that were not designed for this type of occupancy are being used for office space for date processing, maintenance, and Town Clerk stafl] existing records and vault storage is inadequate, expansion of the existing Town Hall building would not create sufficient space, and the large expense required to rehabilitate the existing building to provide space that would remain insufficient, would be an inappropriate use of public funds, and the temporary relocation of certain Town offices to the "Bank Annex" provided only a short-term and partial solution to the problems created by the insufficiency of space in the existing Town Hall facility. 2. The acquisition will be for the purpose of providing area for the expansion and reconstruction of the Town Hall facility in Southold. 3. The approximate location for the proposed public project and the reasons for the selection of that location are: May 10, 2005 Southold Town Board Meeting 19 a. The approximate location for the proposed public project is 0.471 acres or 20,514 square feet, more or less, lying east of Horton's Lane and north of the location of the existing Town Hall facility; b. This location was selected for the project because of its area and contiguity to the existing Town Hall facility. 4. The proposed project will have the following general effect on the environment and residents of the locality: a. The proposed project will include the construction of offices and related facilities, including parking, for use by Town employees and the public; b. Among other things, the proposed project will provide improved public access to Town employees and officials, improved working conditions for Town employees and officials, and increased storage for Town records. 5. The acquisition has been determined by the Town Board of the Town of Southold to be a Type I Action under the State Environmental Quality Review Act as supplemented by Chapter 44 of the Code of the Town of Southold. 6. That on May 10, 2005 the Town Board of the Town of Southold adopted a determination that the acquisition would not have a significant impact on the environment; and be it further RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of these Findings and Determination published in lwo (2) successive issues of The Traveler Watchman commencing on May 19, 2005, and in five (5) successive issues of Neu;sday commencing on May 16, 2005; and to mail a copy of this Findings and Determination to George and Margaret Stankevich by certified mail, return receipt requested, and be it further RESOLVED, that the Supervisor is authorized and directed to execute any documents and to pay any and all reasonable survey, title prorated tax, and recording charges, as may be necessary to effect the condemnation; and be it further RESOLVED, that the monies to be expended for the purchase of the property shall be drawn from the Town of Southold Capital Fund; and be it further RESOLVED, that the Town Clerk is hereby directed to forward copies of this resolution and the attached notice to: Town Attorney Patricia Finnegan Michael Rikon, Special Counsel, Goldstein, Goldstein, Rikon & Gottlieb, P.C. Dated: May 10, 2005 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD ELIZABETH NEVILLE TOWN CLERK ATTENTION: ANY PERSON AGGRIEVED BY THE DETERMINATION AND FINDINGS WHO WISHES TO CHALLENGE AND SEEK JUDICIAL REVIEW THEREOF MUST DO SO, IF AT ALL, BY FILING A PETITION, IN ACCORDANCE WITH THE NEW YORK EMINENT DOMAIN PROCEDURE LAW, SECTION 207, IN THE APPELLATE DIVISION, SECOND DEPARTMENT, 45 MONROE PLACE, BROOKLYN, NEW YORK, NO LATER THAN THIRTY (30) DAYS AFTER PUBLICATION OF THESE DETERMINATION AND FINDINGS, OTHERWISE ANY SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED. THE APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND THE OTHER MATTERS SET FORTH IN THE NEW YORK EMINENT DOMAIN PROCEDURE May 10, 2005 20 Southold Town Board Meeting LAW, SECTION 207. ANYONE WISHING TO CHALLENGE THE DETERMINATION AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #294 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of May 2005 a Local Law entitled "A Local Law in relation to Violations of an Approved Site Plan" 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 7T}~ day of June 2005 at 8:00 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 Violations of an Approved Site Plan" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled "A Local Law in relation to Violations of an Approved Site Plan" BE IT ENACTED by the Town Board of the Town of Southold, as follows: T. Purpose The intent of this change is to better enforce the Site Plan law, thereby creating a violation of an approved site plan. TT. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-253. Approval of site plan required. F. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 100-285 of this chapter. G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subiect to such penalties as are set forth in § 100-285 of this chapter. H G. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. TTT. Severability. Tfany clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: This amendment to a local law is being proposed for the following reason, currently under Town Code, the Town does not have the authority to levy a violation on a property that is out of compliance with its site plan. The Town's only action in that case would be to bring that property owner to New York State Supreme Court. We feel that we have the authority to cede more local control our way so that we can more directly and effectively deal with site plans that are out of compliance. This gives us the authority to levy a violation. Any further discussion? (No response) May 10, 2005 21 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #295 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Adam Doroski and Boy Scout Troop 6, to implement a grassland restoration project, on the Arshamomaque Preserve, Chapel Lane, Greenport, as part of an Eagle Scout Project. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We thank Mr. Doroski and his troop for taking this project on. #296 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew Willett to the position of Seasonal Deckhand for the Fishers Island Ferry District effective May 1, 2005, at a rate of $9.00 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #297 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kenneth Heidtmann to the position of Seasonal Laborer for the Department of Public Works, at a rate of $11.06 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #298 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 10th day of May, 2005 a Local Law entitled "A Local Law in relation to Amendments to Streetlight Specifications" 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 7T}~ of June, 2005 at 8:05 p.n~ 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 Amendments to Streetlight Specifications" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Streetlight Specifications". BE IT ENACTED by the Town Board of the Town of Southold as follows: May 10, 2005 22 Southold Town Board Meeting I. Purpose - This amendment is intended to promote safety during response to accidents by facilitating the shut off of power in the event of damaged light pole fixtures. This amendment would also help ensure that new lighting fixtures shed light upon the street and not upon private properties. II. Chapter 108 of the Code of the Town of Southold is hereby amended as follows: § A108-47. Streetlighting specifications. Streetlight standards, luminaries, conduit, splice boxes, fuses and all related hardware for streetlighting systems shall be installed in all residential and commercial subdivisions. F. Wire and cable for lighting system circuitry shall be direct burial, copper, type RR-USE or XLP-USE with a minimum gauge of AWG No. 6. Wire shall be approved and complete installation shall meet all requirements of the National Electrical Code. All wire splicing shall be performed within approved splice boxesv. ..... ,,.,~.;*~;" t~v~v~ ~,"* ~.,,~""~ ~v.~ All splices and connections shall be made using approved split bolt or compression-type connectors and shall be insulated using an approved waterproof method. Cable shall be buried twenty-four (24) inches below finished grade installed directly behind the curbing. Any and all wiring under a roadway, driveway, walkway, sidewalk or other load-bearing paved surface shall be installed within one-and-one-fourth-inch galvanized rigid steel conduit. All cable terminations and splices shall be color-coded using Scotch Tape 2210 as follows: red - hot leg; white - neutral leg; green - ground. All underground wire and cable shall have caution tape installed at eight (8) inches below finish grade. G. Polyethylene splice boxes shall be Associated Plastics Splice/Valve Box # S1419 or approved equal and shall .... ; be installed ...... base ~mmed~atel¥ in front of each streetlight pole for splicing and fusing. Splice boxes shall be installed so that the top of the installed box is at finished grade. Splice boxes shall be located behind the curb in front of each light pole. L. Streetlights to be installed on existing utility poles located on existing town property at all new intersections created by the subdivision shall be the developer's responsibility. All required Long Island Lighting Company permits as well as coordination and installation shall be obtained and provided by the developer. The installation shall be approximately twenty-five (25) feet above finish grade and shall meet all the requirements of the Long Island Lighting Company. Fixture type shall be Cobra Head with fifty-, seventy-five- or one-hundred-fifty-watt high pressure sodium as directed and approved by the Commissioner of Public Works and the Superintendent of Highways. The remaining assembly shall be an eight-foot arm with rubber bushing and grounding lug. Risers shall be Schedule 80, three-fourths-inch PVC. Wire shall be RHW-USE or RHH-USE with a minimum gauge of AWG No. 8. The new liahtina fixture shall be set perpendicular to the new street and shed liaht in the direction parallel to the existina Town road or throuah street. The power supplied to lights on existing utility poles in existing town rights-of-way shall be the responsibility of the Town of Southold. III. 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 10, 2005 23 Southold Town Board Meeting #299 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of May, 2005 a Local Law entitled "A Local Law in relation to Amendments to Construction Specifications for Roadways in Conservation Subdivisions" 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 7T}~ of June, 2005 at 8:10 p.nt 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 Amendments to Construction Specifications for Roadways in Conservation Subdivisions" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Construction Specifications for Roadways in Conservation Subdivisions". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - This amendment is intended to permit the Planning Board, with the approval of the Superintendent of Highways, to approve a minimum right-of-way of lwenty-five feet, rather than fifty feet, for Conservation Subdivisions that consist of five or more lots. II. Chapter 108 of the Code of the Town of Southold is hereby amended as follows: § A108-15. Construction specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. [Amended 7-27-2004 by L.L. No. 14-2004] Minimum Right- Number of Lots of-Way Width Road Width Serviced by Road Zoning District feet) (feet) 5 3 5 and over All R Districts 50 16 (When developed at (Drawing No. a density of R-200 15-1) or less.) NOTES: 5 When development meets the minimum criteria for Conservation Subdivisions under Chapter Al06, Subdivision of Land, the Plannina Board may, with the approval of the Superintendent of Hiahways, approve a minimum riaht-of-wa¥ width of not less than lwent¥ five feet (25'). III. 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. May 10, 2005 Southold Town Board Meeting This resolution was duly ADOPTED. 24 JUSTICE EVANS: That one involves roads leading out to conservation subdivisions, it gives the Planning Board the discretion that instead of having to have a 50 foot roadway, they can approve a minimum right of way of not less than 25 feet, so that we can keep some of the rural character on some of the roads leading out to the subdivision. #300 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Streetlight Specifications" to the Southold Town Planning Board and the Suffolk County Department of Planning for their reconunendations and reports. SUPERVISOR HORTON: I just want to say that, so that the Town Board is aware, the County Legislature still hasn't filled many of the open seats on the Suffolk County Planning Commission, so be advised that as we are doing our job in sending our local laws to the Suffolk County Planning Commission, they don't even have enough members to have a quorum to review what we are required to send off to them and I think the Board members throughout Long Island should contact the County Executive and the County Legislatures to approve these nominations that have all come from the Town, which apparently are hung up in political backlog. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #301 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Construction Specifications for Roadways in Conservation Subdivisions" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #3O2 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold formally requests that in the event the United States Naw determines to take any action with respect to the lands owned by it on Fishers Island, that the Navy provide notice to the Town of Southold of its intentions and an opportunity for the Town of Southold to off'er its input on the use and ownership of such property, and the Town Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the United States Navy, Senators Clinton and Schumer, and Congressman Bishop. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 10, 2005 25 Southold Town Board Meeting #3O3 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to retain L.IC McLean Associates to conduct a SEQRA review on the proposed Local Laws entitled "A Local Law in relation to Size~ Height and Setbacks for Accessory Buildings" and "A Local Law in Relation to Height of Buildings of residential Structures"~ for the sum of $400.00 pursuant to their proposal. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #3O4 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed amendment to Chapter 100 of the Town Code "A Local Law in Relation to Height of Buildings of Residential Structures" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #3O5 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed amendment to Chapter 100 of the Town Code "A Local Law in Relation to Size~ Height and Setbacks for Accessory Buildings" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: And that is as far as we can go at this point in the meeting. And we are well into the time allotted, set aside for these two public hearings. So we will recess for the purpose of holding public hearings. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared recessed in order to hold two public hearings on the matters of 1. HEARING ON "A LOCAL LAW IN RELATION TO HEIGHT OF BUILDINGS OF RESIDENTIAL STRUCTURES" AND 2. HEARING ON "A LOCAL LAW IN RELATION TO THE SIZE~ HEIGHT~ AND SETBACKS FOR ACCESSORY BUILDINGS." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 10, 2005 Southold Town Board Meeting Meeting reconvened at 26 SUPERVISOR HORTON: I wanted to say that Dr. Campbell was a wonderful doctor that was loved by every child that went to him, including myself and the rest of my family. We do have two resolutions on but the Board has the purview to vote on these or to not vote on these and I would like to poll the Board in regard to that. Councilman Romanelli? COUNCILMAN ROMANELLI: I have got to tell you, I was prepared to vote tonight but I heard a lot of comments from Garrett Strang and John Nickles, great job, John. I think we need some work, I think we need some improvements, some work, some changes. So, I am prepared to vote but it will be a no vote, if you want to vote. Unless you want to hold them and re-work them. SUPERVISOR HORTON: Councilman Edwards? COUNCILMAN EDWARDS: I would concur with John. I was also particularly struck by the comments of Mr. Nickles and Mr. Strang about things that can be addressed to correct errors, not errors but oversights in this draft. SUPERVISOR HORTON: Councilman Ross? COUNCILMAN ROSS: I think the accessory structure law is the more important of the two and I think it is critical that we take some action on that. I don't think we can take action on it with a 25 foot height without adopting the other aspect, the other law, which would lower that and make the accessory structure law palatable. So even ifI wanted to vote on it, it wouldn't make a difference but I would urge the Board that we go forward and if we have to, let's just knock out the 22 to 18 and pass the accessory structure law as soon as we can. But I guess we are not going to vote on it tonight. SUPERVISOR HORTON: Okay. Justice Evans? Councilman Wickham? COUNCILMAN WICKHAM: I would like to schedule a meeting of the Planning and Zoning Committee which has been the Committee that has brought all of this forward and take up these issues immediately and put it right back on the agenda and get it in front of us as quickly as we can. And I welcome people in the audience and who aren't in the audience who would like to participate at that meeting and have those views integrated into our work. SUPERVISOR HORTON: Alright and I would just like to remind the Board because I am prepared to vote. I am prepared to vote no on both of these for the reasons that I stated all along and I think that this Board has spent a tremendous amount of time, all with the best of intentions, working on these but keep it in mind that we have a tremendous amount of, we have a heavy, heavy legislative load coming before us with the enactment of the recommendations of the stakeholder groups and that time is precious and the Planning and Zoning Committee has had meeting after meeting after meeting on this and quite honestly, many of the people that spoke tonight have been to a number of those meetings as well. So use your time wisely and bring back something solid, something a little cleaner and something that takes into account the voice of the people that were at the meetings, next time around, please. So, with that being said, these two don't even need to be tabled, we will just hold them. We won't take action on them and there were many comments as well this evening that I agreed with in May 10, 2005 27 Southold Town Board Meeting regard to the accessory structure law specifically, that I felt were really valid and profound. This concludes the public hearing portion of the meeting, we do still reserve the very end of the meeting for the public to address the Board on other town related matters. Yes, Mr. YaJcaboski? GREG YAKABOSKI: Greg Yakaboski, Southold. One thing I would like to add and echo Jim Dinizio's comments regarding sending notice to all the affected property owners. A lot of the folks, kind of busy, kids, wife, husband, work, you have the GPS, you can figure it out very simply. Send a little postcard, who is affected; let people know the local law is proposed out there for the two height ones. If you are going to move forward affirmatively on those. Second question, Josh, I believe, correct me if I am incorrect, correct me if I am wrong on this but I believe a couple of years ago you brought up a pool in the .... SUPERVISOR HORTON: I believe it is 10:15 at night and I am not talking about a pool, Greg. Sorry, I am just not. I would love to see a pool in town but at 10:15 at night, I am not here to discuss a town pool. MR. YAKABOSKI: Well, you, I have got to tell you... SUPERVISOR HORTON: I don't mean to be (inaudible) but it has been a long day. MR. YAKABOSKI: I hear you but you guys are tough. I try to come forward .... SUPERVISOR HORTON: Greg, just to put things in perspective, a town pool, I think is a much needed facility. I think it is something that the entire community would greatly benefit from and I think that if it is to come to fruition, there has to be a community wide grassroots effort to bring the support forward because let me tell you why. It costs money. And it costs a lot of money and we have to be sensitive to that. And currently, and there have been proposals before for a town pool and they have been good proposals and I was supportive of them. I was supportive of them when Councilman Wickham proposed one and it became a political issue in his reelection campaign for supervisor, I was supportive of it when Councilwoman Hussie was working on one, I actually have all of her documentation. I was supportive of it when the Village of Greenport committed to do it and I myself as a resident and outgoing supervisor am very much committed to that concept, and would be a part of any team working on it. And I have had a lot of people, a number of people in the past 18 months go out and get information, sort of update the information that we have. The town currently has tremendous responsibility in regard to capital projects that have been neglected for many, many years and those are coming to bear. So at this point in time, being that there is not a tremendous or I haven't seen it, and I may be missing it, but I haven't seen a tremendous grassroots community movement for a facility of that nature. It is just not high on my priority list of capital projects. MR. YAKABOSKI: I appreciate all that and my only question was if there was a, since you had spoke about it a couple of years ago, if you had assigned a department head to kind of ramrod the project that you are looking at. SUPERVISOR HORTON: Like I said, the .... MR. YAKABOSKI: I was looking who to talk to. May 10, 2005 28 Southold Town Board Meeting SUPERVISOR HORTON: My department heads are spread pretty thin with all the other capital projects we have underway right now. MR. YAKABOSKI: Okay. The, with respect to the Town Hall that we spoke about earlier, next door, aside from the fact that I think maybe things should have been done differently, I would urge this Board, if you are going to move forward the condemnation, put a bond on, fund the project. (Inaudible) fund it. Louisa will know, I can ask Louisa and I can ask John, why did we buy the Whitaker House? SUPERVISOR HORTON: To knock it down and build a new Town Hall. MR. YAKABOSKI: So instead we knocked it down, left a few timbers standing and built something, and renovated it. SUPERVISOR HORTON: That building is being restored to its historic integrity. And is a model for historic preservation in this community. MR. YAKABOSKI: That is an absolute joke. Excuse me, I could be wrong, I just have a .... SUPERVISOR HORTON: Excuse me, you are being disrespectful .... MR. YAKABOSKI: I said I could be wrong .... SUPERVISOR HORTON: Are there other matters you would like to address? MR. YAKABOSKI: Yeah, I am going to address that one for two seconds, Josh and I could be wrong on this... SUPERVISOR HORTON: Well let me tell you this, Greg. The building is sold, it is in private ownership, and I guess it is time to accept that and move on now, isn't it? MR. YAKABOSKI: If that was the topic I was talking about, Josh, I would agree with you. If you would open up your ears and listen for two seconds, okay, that is not what I was talking about. SUPERVISOR HORTON: I am not here to be chastised by you .... MR. YAKABOSKI: Don't chastise me, do not chastise me if you don't want to be chastised. I have been respectful at this floor and I have not interrupted anybody, I have waited until my time to speak at the open meeting. I have come to the meeting to interact with the Board. SUPERVISOR HORTON: Mr. Yakaboski, are there other matters you would like to address. MR. YAKABOSKI: Yes. The point about next door was simply that the Whitaker House, to pick up my point earlier, the Whitaker House was purchased, was picked up for a reason. It didn't go forward for various reasons as Town Hall. An analogy is next door. You are picking something up for a May 10, 2005 29 Southold Town Board Meeting particular reason. I am in favor of that reason, I would like to come into Town Hall and not have an allergy attack. That would be nice. I think work space is needed. All I am asking is, if you are going to do it, fund it .... SUPERVISOR HORTON: Okay. You have made that point several times tonight. MR. YAKABOSKI: That is it. SUPERVISOR HORTON: I happen to agree with you. MR. YAKABOSKI: With respect to land preservation, Dan and Bill, I know they are leading the charge on this. How many acres were lost last month to development, how many acres were lost last year? SUPERVISOR HORTON: Do you have anything on that? COUNCILMAN EDWARDS: We have the tracking report. I don't have it with me. COUNCILMAN WICKHAM: I have the report. COUNCILMAN EDWARDS: Do you have the tracking report? COUNCILMAN WICKHAM: Yes. And it is effective for the last quarter and we have another one for January 1, 2005 through March 31, 2005. We had a 95% preservation rate and also a 95% density reduction rate. And there is quite a range of statistics through our tracking system that is quarterly. I could, one, the residential subdivision rate was one unit per 27 acres and the residential development rate was one unit per 52 acres. That is for the last quarter. MR. YAKABOSKI: Clarification question on that, my understanding when the Blue-Ribbon Commission came out, we were going to preserve 80% of farmland, 80% of open space .... SUPERVISOR HORTON: Right. MR. YAKABOSKI: ... to me that encompassed all the vacant land in town. COUNCILMAN WICKHAM: It incorporated all of the subdividable, at risk land. MR. YAKABOSKI: My understanding, I looked at the Blue-Ribbon Commission report a few weeks back, I didn't see the difference belween subdividable and non-subdividable. I know right now we also purchase property which is not further subdividable through our farm land and open space purchase program, which gets counted that way. So my understanding, just so everybody is on board with this, is farmland and open space, the vacant land when the time Blue-Ribbon Commission report came out, encompassed let's say 10,000 acres approximately. It was really like 11,500 but 10,000 acres which included both subdividable and nonsubdividable land. That is my understanding. The question is, those reports does it take into account that a lot of the single and separate lots have been built on into its calculations? May 10, 2005 30 Southold Town Board Meeting SUPERVISOR HORTON: No. Those single and separate lots are already subdivided lots, if that is what you are referring to? MR. YAKABOSKI: Yes. And for clarifies sake, because I am talking from a different spot, where that report is coming from the Blue-Ribbon Commission, the DGEIS done after that and everything, was that the Town goals were shooting for 80 % preservation of the vacant land, either open space or farmland and that vacant land what made it up was a big pile of all the further subdividable land and the pile of all the non further subdividable land. Those two acreages .... SUPERVISOR HORTON: I believe there are two differing opinions... COUNCILMAN WICKHAM: Yes. The Blue-Ribbon Commission was basically silent on the question of singles and separates but the full context of that discussion was in the zoning and context and the subdivision that goes with that, in which singles and separates are basically already have a right to be built on. So it was the interpretation that those of us in the Blue-Ribbon had at the time was subdividable and the tracking system that the Town has put in place is concerned and dealing with subdividable, buildable land. MR. YAKABOSKI: Fair enough. Since it is silent, it would be helpful if the Board would at one point, just go back and make that clarification so that when you read it .... COUNCILMAn WICKHAM: It is crystal clear in the tracking report. MR. YAKABOSKI: In that report but not in the comprehensive planning documents of the town, which is what people would normally go to to look at. SUPERVISOR HORTON: It was clear what the Town Board had instructed to be written, so if we need to go back and clarify... MR. YAKABOSKI: I am not saying it is a big deal, I am just saying it is not clarified. SUPERVISOR HORTON: Right. So I guess we need to clarify what was perhaps ill-written and perhaps we should do that. MR. YAKABOSK: That would be helpful, I think. And again, I know certain acreage, certain dollars, precious dollars are spent on single and separate lots. If that is not a high priority to the town, why are the dollars being spent? COUNCILMAN EDWARDS: I am sorry, that is not true, Mr. Yakaboski. The only monies that have been spent on single and separate lots were spent on lots were they were either bargain sales or where people in the community contributed to the costs of retiring the lot. The Town has to my recollection not purchased a single single and separate lot for preservation at full market value. MR. YAKABOSKI: I respectfully refer the Councilman to the lots immediately to the west on the south side of Route 48 of the gas station, which were all single and separate lots... May 10, 2005 31 Southold Town Board Meeting COUNCILMAN EDWARDS: There is a significant contribution, private contribution... MR. YAKABOSKI: Correct. But Town dollars were spent. My only .... COUNCILMAN EDWARDS: But, you, you are not, my point is that we did not pay market price for those. SUPERVISOR HORTON: Is there anything else you wanted to address, Mr. Yakaboski? MR. YAKABOSKI: Yes. The, folks, I can hear, I know the Board is late, look, it is late for me. I have a wife and kids home, I left before they went to bed to be here tonight. I know folks behind me, they have place to go, if they can, they can leave. Okay? I know you guys are late. Right now there is only one, two opportunities a month for somebody to come in and interact with the full Board. Okay? And I know it is late and I just ask for the courtesy of running through these very quickly, that is all. SUPERVISOR HORTON: I asked you if there is anything else you wanted to address, Mr. Yakaboski. MR. YAKABOSKI: The dog shelter. SUPERVISOR HORTON: Yes. MR. YAKABOSKI: I think it is imperative that the dog shelter be built, a new one be built. I do ask this Board right now, I know you went for it, I think I read a paper about bonding or funding or a project plan. I would ask if that included a spay and neutering room? I would ask if it was looked at, I am curious about the scope of the project because I do not know if this Board can answer the questions of whether or not how many animals are kept there on a day to day, month to month basis; where that the size of the scope meets with what actually is on the ground over there, if a spaying/neutering, if I am using the right terminology, room is included; I would point out that the SPCA has a mobile unit for free. I am not against the project, I am just questioning the scope, bring it to the Board' s attention. SUPERVISOR HORTON: Okay. MR. YAKABOSKI: Thank you very much for your time. Again, I know it is late tonight, okay... SUPERVISOR HORTON: It is not about being late, Mr. Yakaboski. The time has no bearing in this room. MR. YAKABOSKI: Glad to hear it. Your earlier comment threw me ofl} Josh, when you didn't want to address the pool at 10:15 at night. I was confused by that. But thank you very much. SUPERVISOR HORTON: It wasn't hard to confuse you. Thank you. MR. YAKABOSKI: Josh .... May 10, 2005 Southold Town Board Meeting SUPERVISOR HORTON: You had it coming. 32 MR. YAKABOSKI: I had it coming? Moved by Supervisor Horton, seconded by Councilman Romanelli, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk